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Home My WebLink About7.1 RFP SolidWasteServices CITY C~LERK File # II AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 20, 2004 SUBJECT: Release of Request for Proposals for Solid Waste Servic.es Report Prepared By: Jason Behrmann, Senior Administrative Analyst ATTACHMENTS: 1) 2) 3) 4) 5) Draft Request for Proposals for Residential and Commercial Solid Waste Collection, Disposal and Recycling Services Process Integrity Rules Form Summary of Residential Services Summary of Multi-Family Services Summary of Commercial Services RECOMMENDATION~ 1) 2) 3) 4) Approve release of the Request for Proposals PaCkage in substantially the form attached Provide direction on "Process Integrity Rules" Provide direction on the proposal evaluation process Provide direction on Measure D funding for waste transferred out of County for disposal FINANCIAL STATEMENT: The Request for Proposals package ("RFP") for solid V~aste services requires the winning proposer(s) to reimburse the City for all costs incurred to administer th~e competitive proposal process, including consulting and legal fees, Staff time, etc. According to the current project schedule, Staff intends to award the new Agreements no later than November 2004. It is a~ticipated that the City would receive the funds by the end of Calendar Year 2004. This project will therefore have no net impact on the General Fund for Fiscal Year 2004-2005. BACKGROUND: The current Agreement with Waste Management expires on June 30, 2005. On April 6, 2004, the City executed a Consultant Services Agreement with R3 Consulting Gr6up ("R3") to provide assistance on the competitive proposal process for solid waste services. Staff has wprked closely with R3, Kent Alm from the City Attorney's Office and the Alameda County Waste iManagement Authority in the development of the attached RFP package for solid waste services. On May 4th, 1 1th, and 19th, 2004, Staff and R3 conducted community workshops to gain input from the City Council and residents on the proposed residential and commercial solid waste services and programs. The workshops provided valuable comments which Staff has incorporated into the attached RFP package. H/cc-forms/agdastmt.doc COPIES TO: Ric Hutchinson, R3 Consultin- Gr~ ~ ITEM NO. SEPARATE COLLECTION AND DISPOSAL AGREEMENTS: The current Agreement with Waste Management is for the provision of collection and disPosal services. At the conclusion ofthi~ competitive procurement process, the City will execute separate Collection Service and Disposal Service 'Agreements. This will allow the City to select the proposal for each service that offers the best combinat~ion of price, service and benefits to the City. Please note that if one company chooses to submit proposals for both collection and disposal services, the cost proposal forms included in Section 7 of the RFP package allow the company to offer a reduction in rates if selected for both Agreements. RFP SUMMARY: The RFP package contains the following seven sections: ; Section 1. Introduction to RFP Documents: contains information about the ~P package, contact information for the City staff, and a project schedule. . Section 2. City Information: contains City of Dublin demographic information,'a description of current and proposed residential and commercial collection and recycling programs~ and current government fees relating to the provision of solid waste services. Section 3. General Instructions: contains instructions to proposers on the proposal preparation, evaluation and award process. Section 4. Proposal Preparation Instructions: contains information regarding~ the required proposal content and format. Section 5. Collection Service Agreement: contains a draft agreement for the provision of residential and commercial solid waste collection and recycling programs and services. Section 6. Disposal Service Agreement: contains a draft agreement for the provision of disposal services for solid waste collected in.the City of Dublin by the Collection Service Confractor. Section 7. Proposal Forms: contains the required cost and information forms to bp included in each proposal. PROPOSED SCHEDULE: The following Table provideS the proposed project schedule: City Council to Approve Release of RFP July 20, 2004 RFP Document First Available July 26, 2004 - 1:00 p.m. Mandatory Pre-Proposal Conference August 16, 2004 - 1:00 p.m Deadline to submit Written Questions August 27, 2004 - 4 p.m. Proposals Due September 13, 2004 - 1:00 p.m. Contract Award November 16, 2004 Begin Service July 1, 2005 SUMMARY OF SERVICE AGREEMENTS: · Term: The Collection Service Agreement contains a seven (7) year initial term, plus a three (3) year option at the discretion of the City. The Disposal Agreement contains a ten (10) year initial term, plus a ten (10) year option at the discretion of the City. · Minimum Diversion Rate: The collection Contractor will be required to divert a minimum of fifty percent (50%) of all solid waste collected under the scope of the exclusive franchise. Franchise and Administrative Fees: The collection Contractor will be required to remit 12.6% of gross revenues to the City as a Franchise Fee, and 2% of gross revenues as an Administrative Fee. This is the same amount as the current contract. Annual Rate Adjustments: The compensation paid to the collection Contractor wili be adjusted annually using a multi-indexed rate methodology that uses annual changes (increases or decreases) in five nationally published commodity and price indices as well as adjustments to compensate for the City's growth. Staff recommends that residential and commercial customer rate~ be adjusted annually, consistent with adjustments to the collection Contractor, to avoid larger, less frequent adjustments. · Performance Bond: The collection Contractor and the disposal Contractor will each be required to submit a Performance Bond (renewed annually) in the amount of $1,000,000. Liquidated Damages: In an effort to ensure a high level of service, the Collection Services Agreement and the Disposal Agreement each contain liquidated damages ranging from $100 - $25,000 for non-compliance with specific contractual requirements. PROCESS INTEGRITY RULES Staff seeks direction from Council on the implementation of Process Integrity Rules ("PIR"). If the Council elects to implement PIP,, each Council member and each proposer would sign the PIR form (Attachment 2) upon release of the RFP package. The primary objective of the PIR is ~o attempt to preserve the integrity and objectivity of the competitive procurement process. The City's Consultant has implemented PIR in the administration of similar competitive procurement projects roi' solid waste services. The PIR form includes the following language: "Any attempt to contact or interact with any elected or appointed City official for the purpose qf in_tTuencinj~ the selection process will be grounds for disqualification from the selection process. All communications between the City and a participant, along with the related responses, will be transmitted simultaneously to all participants. ~ Any participant who fails to recognize or utilize the process of communication will be notified of its violation and may be subject to disqualification from the selection process at the sole discretion of the City." The implementation of the PIR is at the discretion of the Council. PROPOSAL EVALUATION PROCESS Staff seeks direction from Council on the format of the proposal evaluation process. The proposals will be reviewed by the evaluation team and scored based upon the following criteria: Overall responsiveness to the RFP Proposers experience and qualifications o Experience o References c> Financial stability · Adequacy and completeness of the technical proposal c) Collection Services · Transition Plan · Customer Service Plan · Diversion Plan · Education Plan · Processing Plans · Operations Plan · Violation History c> Disposal Services · Operations Plan · Capacity Guarantee · Required Expansion · Facility Location · Violation History · Exceptions and Alternatives · Proposed Costs It is proposed that the evaluation team, to be comprised of Ric Hutchinson of R3 conshlting Group, Jason Behrmann, Administrative Analyst, Joni Pattillo, Assistant City Manager and a member of the Finance Department Staff, review and score each proposal based upon these evaluation criteria. The raw scores of the evaluation team would then be applied to the criteria weighting factors as assigned by the City Council. (The sum of the criteria weighting factors will equal 100%). The issue is at what point the Council assigns the weighting factors to the evaluation criteria, for which there are two options: Option 1: the first option is to include the evaluation criteria and the weighting factors in the RFP document. The evaluation team members would then review and assign scores to each proposal, and the weighting factors would be applied to the raw scores to determine the weighfed scores and proposal rankings. Advantage: The primary advantage of this option is that all proposers are informed of the criteria weighting factors prior to preparing their proposals. This allows the proposers to design their proposals accordingly. o Disadvantage: The primary disadvantage of this option is that the evaluation process could be criticized for not being entirely objective. It could be argued that the evg. luation team members have the ability to unfairly influence the outcome of the selectiob process by knowing the criteria weighting factors in advance of assigning raw scores to egch proposal. In addition, by designing the proposals with a knowledge of the weighting factors, proposers may choose to focus their proposals on one or two "high weight" areas at the expense of other areas assigned a lesser weight. Option 2: the second option is to include only the evaluation criteria, and not the weighting factors, in the RFP document. Under this option, the evaluation team would individually score each propOsal, and the raw scores would be sealed and given to the City Clerk. The Council members would then individually assign weighting factors to the evaluation crit.eria, and the Council weighting factors would be averaged to produce the final weighting factors. The final weighting factors would then be applied to the raw scores to determine the weighted scores and proposal rankings. o Advantages: The primary advantage of this option is that the selectioh process is completely objective as the evaluation team members do not know the criteria weighting factors when scoring the proposals, and the Council members do not know the raw scores when assigning the weighting factors. Under this system, no party can claim that the evaluation committee or the Council had the ability to unfairly influence the outcome of the selection process. Additionally, not knowing the weighting ahead of time, proposers are compelled to submit well-rounded proposals aimed at satisfying all of the evaluation criteria. o Disadvantage: The primary disadvantage of this option is that the proposers' do not know the criteria weighting factors when preparing their proposals. The preferred format of the proposal evaluation process is at the discretion of the Council. MEASURE D FUNDING FOR WASTE TRANSFERRED OUT OF COUNTY FOR DISPOSAL Staff seeks direction' from Council on the issue of Measure D funding .for waste transferred Out of County for disposal. Measure D requires that a per-ton fee in the amount of $7.19 be levied against all solid waste disposed in landfills located in unincorporated Alameda .County. Approximately fifty percent (50%) of the revenues generated by the Measure D fee are remitted to the member jurisdictions to fund recycling related projects, and approximately fifty-percent (50%) are used to fund other Countywide programs and services offered by the Alameda County Waste Management Authority ("ACWMA"). The City currently pays approximately $200,000 annually in Measure D fees through its disposal of franchise solid waste at the Altamont Landfill. In return, the City receives approximately $110,000 annually in Measure D funding through the ACWMA. A portion of this funding is typically used to offset costs associ.ated with the residential curbside recycling program. While staff believes that the City's waste will likely be disposed at either Altamont or Vasco Road Landfill under the new Disposal Service Agreement, it is possible that the City may receive a proposal to transfer City waste out of County for disposal. If the most attractive proposal presented to the City is to transfer waste out of County for disposal, the Council has two options. First, the Council may elect to pay an "equivalent" Measure D fee on all waste delivered to the transfer station, and continue receiving the funding and other benefits provided by this fee. Second, the Council may elect not to impose this "equivalent" Measure D fee and therefore not receive the funding throughout the term of t~e~ Franchise Agreement. In order to provide the proposers with as much information as possible, it would Be beneficial to include the Council policy on this issue in the RFP document. It should be noted that the payment of this fee will impact the rates by the difference between the fee and revenue received from the ~CWMA. The collection of "equivalent" Measure D funds for waste transferred out-of-County for d~sposal is at the discretion of the Council. RECOMMENDATION Staff recommends that the City Council approve the release of the Request for Proposals package in substantially the form attached and provide direction on the "Process Integrity Rules", proposal evaluation process and Measure D funding for waste transferred out of County for disposal. to Recycle Alameda Count)' P City of Dublin., CA ' O4 IssUed July 26 , '2004 Table of Contents Section 1 Section 2 Section 3 Introduction to RFP Documents ................................. 1.1 RFP Release ............................................................... : ..... 1-1 1.2 Mandatory Pre-Proposal Conference ................................ 1-2 .......................................... -3 1.3 Procurement Schedule .......... ~ .... City 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Information ........................................................... , ....... 2-1 Introduction .................................................................. ~ ....... 2-1 Geography and Demographics ............................................ 2-1 Current Collection Services .......................................... '~ ........ 2-1 Alameda County Waste Management Authority and Recycling Board ............................................................. 2-5 Proposed Collection Services ...................................... , ........ 2-5 Disposal Services ........................................................ , ...... 2-16 Summary of Intent ................................................ 2-19 General Instructions .................................................... , ....... 3-1 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3-15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 RFP Documents .......................................................... , ........ 3-1 Mistakes ...................................................................... , ........ 3-1 Additional Terms and Conditions ......................................... 3-1 Interpretations and Inquires ...3-1 Verbal Agreements ................................. ' ...3-2 Qualification of Proposer ................................................. 3-2 Conflict of Interest ..... ' 3-2 Proposers Non-Collusion Certification .......................... . ........ 3-3 Disqualification of Proposers... 3-3 Legal Requirements ....................................................... 3-3 Familiarity with Laws and Ordinances .......................... . ........ 3-3 Ag reement ........................................................ . ........ 3-3 Facilities .......................................................... i ........ 3-4 Insurance ............................................................................. 3-4 Agreement Modifications .............................. : ...... 3-4 Proposers' Bid Bond ...................................... ........ 3-4 Withdrawal or Revision of Proposal Prior to Opening... ........3-5 Acceptance or Rejection of Proposals .................................. 3-6 Award of Contract by City Councils ....................................... 3-6 Addendum ' ..3-7 Examination of the Site of the Work ............................. . ........ 3-7 Performance Bond ...................................................... , ........ 3-7 Proprietary Information ........................................ ..3-8 Subcontractors ................................................. ; ........ 3-8 Pagei Table of Contents Section 4 Section 5 Section 6 Section 7 Section 8 Proposal Preparation Instructions .................................... 4-1 4.1 Receipt and Opening of Proposals ...................................... 4-1 4.2 Pre-Proposal Conference .................................................... 4-2 4.3 Preparation of Proposals ..................................................... 4-2 4.4 Proposal Content ................................................................. 4-3 4.5 Proposal Exceptions and Alternatives ............................... 4-10 4.6 Evaluation of Proposal ....................................................... 4-11 Collection Services Agreement ........................................ 5-1 Disposal Agreement ........................................................... 6-1 Proposal Forms .................................................................. 7-1 Form Form Form Form Form Form Form Form Form Form Form Form Form Form Form Form Form A Process Integrity Rules ................................................... 7-3 B Proposers Statement of Organization ............................ 7-5 C Staffing .......................................................................... 7-7 D Collection Service Compensation Proposal Forms ........ 7-9 E Disposal Service Rate Proposal Forms ........................ 7-19 F Garbage Collection Vehicles ........................................ 7-25 G Recyclables Collection Vehicles .................................. 7-27 H Organic Waste Collection Vehicles .............................. 7-29 I Carts ............................................................................ 7-31 J Disposal Facility .......................................................... 7-33 K Recyclable Processing Facility .................................... 7-35 L Organic Waste Processing Facility .............................. 7-37 M Transfer Station Facility ............................................... 7-39 N Non-Collusion Declaration of Proposer ........................ 7-41 O Collection Service Performance Bond ......................... 7-43 P Disposal Service Performance Bond ........................... 7-47 Q Secretary's Certification ............................................... 7-51 Flow Charts ......................................................................... 8-1 Page ii City of Dublin Section 1 Introduction to RFP Documents 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1.1 RFP Release This Request for Proposals (the "RFP") is being issued by the City of Dublin, California ("City"). The City is soliciting Proposals from entities ("Proposer(s)") with demonstrated experience and qualifications in providing Solid' Waste, Recyclable Materials and Organic Material Collection and Processing Services and/or Disposal Services as set forth in this RFP. Proposals for the provision of Collection Services will be evaluated separately from proposals submitted for Disposal Services. Proposers may propose on one or both of the services within the body of their proposal. Proposers with the ability to provide Collection and Disposal Services are encouraged to propose on both services. Sealed proposals will be received by Kay Keck, City Clerk for the City of Dublin, located at 100 Civic Plaza, Dublin, CA 94568 no later than 1:00 p.m. PDT on Monday September 13, 2004 for the provision of Collection ServiCes and Disposal Services within the City of Dublin. The specific elements of the Collection Services and Disposal Services 17 referenced above are contained within the definitions and bod~ of the 18 Collection Service A.qreement and the Disposal'" Service A.q~eement 19 provided in Sections 5 and 6 of the RFP document. Prospective proposers 20 are encoura.qed to examine the Collection and Disposal '.Service 21 A.qreements in their entirety to ensure an understandin.q of the services 22 being requested herein. 23 In accordance with the Americans with Disabilities Act, persons needing 24 assistance to participate in this proceeding should contact Kay Keck, City Clerk 25 for the City of Dublin, located at 100 Civic Plaza, Dublin, CA 94568, (925) 833- 26 6650, at least 72 hours prior to any meetings. 27 Proposers should be aware that the City's intent is for Collection and 28 Disposal Services to begin on or about July 1, 2005. Proposers are 29 cautioned to carefully review the Compensation and Rate PropoSal Form 30 Instructions in Section 7 of this RFP document before completing the 31 Compensation and Rate Proposal Forms. 32 Request for Proposal (RFP) documents may be seen or obtained from Kay Keck, 33 City Clerk for the City of Dublin, located at 100 Civic Plaza, Dublin CA 94568. 34 The RFP document will be available for distribution beginning July 26, 2004 at 35 1:00 p.m. PDT at the above address, and thereafter during the City'S normal 36 business hours. Anyone who has any questions regarding the availability of the 37 RFP document may contact Ms. Keck, at (925) 833-6650. Technical questions Page 1-1 Section 1 38 should be addressed to Jason Behrmann, Senior Administrative Analyst, City of 39 Dublin at (925) 833-6650. 40 A one-hundred dollar ($100) non-refundable processing fee will be required for 41 each RFP package requested. In addition, regardless of whether they are 42 proposing on Collection Services, Disposal Services, or Collection Services and 43 Disposal Services, each proposer will be required to submit one and only one 44 three thousand dollar ($3,000) non-refundable proposal submittal fee in the 45 form of a cashiers check made payable to the City of Dublin with their proposal. 46 The proposal submittal fee is being charged to cover a portion of the cost of 47 developing the RFP package and evaluating the proposals. The total cost for 48 these services, including the RFP development, subsequent negotiations, and 49 presentations is estimated to be approximately seventy-five thousand dollars 50 ($75,000) per Service. Any balance of this amount remaining, after applying the 51 proposal submittal fees received, will be paid by the selected proposer(s) under 52 the terms and conditions of the Collection and Disposal Service Agreements 53 presented in Sections 5 and 6 of this RFP document. 54 An RFP response will be deemed non-responsive if not accompanied by a single 55 Bid Bond in the amount of fifty-thousand dollars ($50,000), and the three 56 thousand dollar ($3,000) cashiers check for the proposal submittal fee. 57 The City's intent is to provide Collection and Disposal Services in the most 58 effective and economic manner and, therefore, it will make the provider selection 59 based on which proposer or proposers best fulfill(s) the requirements and 60 provides the best value to the City and its' residents. However, the City reserves 61 the right to reject any and all responses to this RFP without any cause 62 whatsoever. 63 1.2 Mandatory Pre-Proposal Conference 64 A MANDATORY pre-proposal conference is scheduled to be held on Monday, 65 August 16, 2004 beginning at 1:00 p.m. PDT in the Regional Meeting Room at 66 the Dublin Civic Center, 100 Civic Plaza, Dublin, CA 94568. 67 FAILURE OF A PROPOSER TO ATTEND the mandatory pre-proposal 68 conference shall render any response submitted by that proposer to be 69 deemed non-responsive and their proposal shall not be considered for 70 award. Decisions on this matter by the City shall be final 71 Ail persons attending the pre-proposal conference will be asked to identify 72 themselves and the prospective proposer they represent and to sign an 73 attendance form, giving their name, address, telephone number, and e-mail 74 address or attaching a business card with the same or more information. 75 (To be determined by City Council) PROPOSERS must provide a completed 76 FORM A, PROCESS INTEGRITY RULES, by the close of the MANDATORY 77 pre-proposal conference. Failure to do so will result in any response 78 submitted by that proposer to be deemed non-responsive and their Page 1 - 2 City Of Dublin 79 8O 81 82 83 84 Introduction to RFP DocUments proposal shall not be considered for award. the City shall be final Decisions on this rn, atter by 1.3 Procurement Schedule The City plans to adhere to the following procurement schedule to the extent possible. Changes to the procurement schedule shall be at the sole optiOn of the City. RFP Document First Available July 26, 2004 - 1:00 p.m. PDT. Deadline to Submit Written Questions August 6, 2004 - 4:00 p.m. PDT to be addressed at the Pre-Proposal Conference Mandatory Pre-Proposal Conference August 16, 2004 - 1:00 p.m. PDT Deadline to Submit Written Questions August 27, 2004 - 4 p.m. PDT Proposals Due September 13, 2004- 1:00 p.m. PDT Contract Award November 16, 2004 Begin Service July 1, 2005 85 Page 1- 3 Section 1 '7~o 2~ 86 This page intentionally left blank. Page 1 - 4 City Of Dublin Section 2 City Information 1 2 3 4 5 6 7 8 2.1 Introduction The purpose of this section of the RFP documents is to familiarize prospective proposers with the City and it's current and proposed solid waste services, and to provide information not included in other sections of this document. Any term that is capitalized in this section is specifically defined in the Collection Service Agreement or Disposal Service Agreement located in Section 5 and 6, respectively of this RFP, and the meaning of such term is solely asl defined therein. Each proposer is encouraged to fully review these Agreements. 9 2.2 Geography and Demographics 10 The City of Dublin has a population of approximately 38,300. The City is located 11 at the intersection of Interstate 580 and Interstate 680 in eastern Alameda 12 County. The current City Limits comprise approximately 14 square miles. The 13 City is growing mainly to the east, with several recent annexations and more 14 anticipated in the next several years. There are several residential and retail 15 development projects currently under construction, with many more in the 16 planning phases. The City anticipates build out to occur within the next 15-20 17 years at a population of approximately 60,000. The City also anticipates 18 significant commercial development. 19 The City includes several Institutional uses, including: Camp Parks Reserve 20 Forces Training Area, Federal Bureau of Justice Correctional Facility, Alameda 21 County Jail and the Alameda County Public Works Facility. These facilities have 22 traditionally requested Collection Service from the City's service provider at the 23 commercial rates set by the City. However, proposers should note that they are 24 not required to utilize the City's service provider, nor are they exclusige to the 25 City's service provider. 26 Additional information can be found on the City's website at 27 http://www.ci.d u blin.ca, us. 28 29 3O 31 32 33 34 2.3 Current Collection Services The residential base is comprised of approximately 8,086 SFD Service Units (single family residences and multi-family residences) serviced by carts, and 3,686 MFD Service Units (multi-family residences) serviced by commercial bins. For SFD Service Units the City has a mandatory system, whereby'the City collects the annual cost of "minimum service" on the annual property tax bill. "Minimum SFD Collection Service" currently includes: Page 2-1 Section 2 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 Charges for additional or larger containers are billed and Contractor. · Weekly Curbside Collection and Disposal of one 35 gallon garbage cart; · Weekly Curbside Collection of co-mingled recyclables (64 gallon cart); · Weekly Curbside Collection of green waste (64 gallon cart); · Curbside used oil collection; · Annual household hazardous waste/electronic waste drop-off event; and City scheduled 3 Special Clean-ups per year (up to 3 Cu. Yds.). collected by the MFD Service Units are serviced by either front loader bins and/or owner supplied compaction units. Many MFD Service Units also have recycling containers available next to the garbage bins. Multi-family and Commercial recycling services, including food waste collection for Commercial Units, are provided under separate agreements with Waste Management. These services will be included in thiS RFP package. 2.3.1 Program Information Specific program information for the City of Dublin, regarding tonnage by program type and route schedule data, can be found in the following tables and figures. Solid Waste & Large Items Residential Curbside Special Clean-up Subtotal Commercial Roll-Off Total 6,605 6,574 6,255 5,775 477 424 7,082I 6,998 14,511 I 3,227 6,995J 7,9O5 28,588I 28,130 5,770 5,477 434 516 590 619 6,689 6,291 6,360 6,096 3,401 2,982 2,193 10,957 8,038 8,615 11,915 7,521 28,128 27,888 30,468 24,574 Page 2 - 2 City of Dublin City Information Recycling Programs Curbside Program Waste Oil (Gallons) Commercial & MFD Single Stream Commercial (Cardboard, organics, etc.) Green Waste Program 3,843 3,533 3,254 2,442 2,018 1,961 1,926 597 308 294 308 311 263 2,146 1,496 1,583 1,597 Residential 3,384 4,028 3,870 3,438 2,773 Residential Clean-up 178 117 107 172 105 Note 1. The City converted from a 3 bin curbSide to a single stream cart recycling Prog~'am ~n September of 2000. 2,967 179 Note 2. The commercial recycling program was initiated in late 1999. 55 SFD Minimum Service Billed on the 2003/2004 Tax Roll by City (35 Gallon garbage cart) Additional Services Billed by Contractor Upgrade to 1-64 Gallon Cart Upgrade to 1-96 Gallon Cart. NEW HOUSING-Not On Tax Roll, Billed by Contractor SFD Minimum Service - 35 Gal Cart Upgrade to 1-64 Gallon Cart Upgrade to 1-96 Gallon Cart. Total SFD Customers Note 1. Data as of December 31, 2003 8,139 294 98 12 2,552 294 8,543 Page 2-3 Section 2 56 Figure 2-1 Route Schedules City of Du biin - Garbage Collection Schedule 57 58 59 60 61 62 The information regarding the current collection system is being provided to give prospective proposers a general understanding of the current collection system. However, the City does not guarantee the accuracy of such information. Proposers are encouraged to determine for themselves the levels and conditions of service currently being provided. 2.3.2 Current Diversion Information 63 64 The City's diversion rates, as described in its annual reports to the California 65 Integrated Waste Management Board (CIWMB) and approved by the CIWMB, 66 were: 31% in 1998; 33% in 1999; and 54% in 2000. The City has filed its 2001 67 annual report with the CIWMB with a diversion level of 50%, and is in the process 68 of preparing it's 2002 annual report. Page 2 - 4 City of Dublin City Information 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 2.4 Alameda County Waste Management Authority and Recycling Board The City of Dublin is a member of the Alameda County Waste Management Authority (Authority), a regional agency formed in 1976 as a joint powers authority, which includes the 14 cities within Alameda County and two sanitary districts. The Authority is responsible for preparation of the Alameda County Integrated Waste Management Plan and Alameda County Hazardous Waste Management Plan. It manages a long-range program of development', of solid waste and diversion facilities, and offers a wide variety of other programs and technical assistance to its member agencies. The voters of Alameda County approved Measure D in 1990 to establish the Alameda County Source Reduction and RecYcling Board (Recycling Board), which specified certain actions with respect to reduction of solid waste '.disposal and conformance with AB 939. In summary, the Measure contains the following provisions: ~ · A long term goal of 75% reduction in solid waste disposal for Alameda County; · Required development of a Recycling plan with five §pecified elements; · Imposed a per-ton surcharge on materials disposed of in Alameda 89 ...... county Landfills t0'fund the ReCYCling Plan development 9O 91 92 93 94 95 96 97 98 99 100 101 102 and implementation, and mandated that the surcharge be passed through to ratepayers; · Created the Recycling Board; and, · Prohibited the incineration of solid waste within the unincqrporated areas of Alameda County. Proposers should note that on December 17, 1997, the Authority adopted a resolution that established the collection of a Countywide Waste Disposal Facility Fee and the Household Hazardous Waste Management Fee at 'Transfer Stations. On September 26, 2001, the Authority adopted an ordinance establishing procedures and reporting requirements for the collection' of the Countywide Waste Disposal Facility Fee and the Household Hazardods Waste Management Fee for waste transferred out of Alameda County without first being processed at a transfer station in Alameda County. 103 104 105 106 107 108 2.5 Proposed Collection Services The City is proposing the following changes to the Collection Services to be provided within the City. However, proposers should note that the CitY is very interested in providing these changes with a minimum of disruptioh to the residents. Therefore, as part of the Collection Service Operations Plan requested in Section 4 of this RFP, proposers will be required to discuss the Section 2 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 methodology they will use to minimize changes in residents' collection days and to project what percentage, if any, of the residents' collection days will change. 2.5.1 SFD Collection Services 2.5.1.1 SFD Solid Waste Collection Service The City wishes to retain the current variable rate garbage collection system utilizing variable size Garbage Carts (approximately 32, 64, and 96 gallon) collected once per week using an automated collection system. The standard cart size should be approximately 32 gallons with the option of changing, at the customer's request, to a 64 gallon or 96 gallon cart for an additional fee to be billed by the Contractor. For the purpose of this RFP, SFD Solid Waste Collection Service is to be provided to all SFD Service Units, (single-family residences and multi-family complexes) that use Garbage Carts for the accumulation and set-out of their Garbage. The specific brand of Garbage Cart will be left to the discretion of the proposer, however the City is requiring that the Garbage Carts be the same color and approximate capacity as are currently in use by the City's residents. The current carts have a gray body with a gray lid. 2.5.1.2 SFD Recycling Collection Service The City wishes to retain the current single-stream weekly automated SFD Recycling Collection Service utilizing variable size Recycling Carts. The standard cart size should be approximately 64 gallons with the option of changing, at the customer's request, to a 32 gallon or 96 gallon cart, or adding one additional cart, at no additional charge. The City intends to accept the following materials in it's recycling program. · Cans (aluminum and tin) · Glass Bottles · Newspaper · Mixed Paper · Cardboard · Mixed Plastics · Household dry cell batteries when contained in a sealed, heavy-duty plastic bag. Section 5 of this RFP includes the minimum definition of the Recyclable Materials that will be required to be Collected in the Collection Service Agreement. The specific brand of Recycling Cart will be left to the discretion of the proposer, however the City is requiring that the Recycling Carts be the same color and approximate capacity as are currently in use by the City's residents. The current Page 2 - 6 City of Dublin City Information 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 carts have a gray body with a black lid with the word "Recycling" embossed on the lid. 2.5.1.3 SFD Organic Collection Service The City wishes to consider expanding the current weekly automated Collection of Green Waste utilizing variable size carts to include the Collection of Residential Organic Waste. The standard cart size should be approximately 64 gallons with the option of changing, at the customer's request, to a 32 gallon or 96 gallon cart, or adding one additional cart at no additional charge. In order to allow the City to evaluate the economic viability of this program, PropOsers will be asked to provide specific cost data for the inclusion of this program. The specific brand of Organic Waste Cart will be left to the discretion of the proposer, however the City is requiring that the Carts be the same color, and approximate capacity, as are currently in use by the City's residents for the Collection of Green Waste. The current carts have a green body and a green lid. In addition, the Contractor will be responsible for providing a 1.5 - 2.~5 gallon Organics Pail to SFD Service Units. Proposers should note that the Alameda County Waste Management Authority's Residential Food Scrap Subsidy Program provides a one-time subsidy of up to $8 per residential household that subscribes to food scrap collection services, reimbursable to the City, to pay for some of the program implementation costs. Information regarding this program may be obtained by contacting Brian Matthews at the Authority. 925-614-1699. A portion of the compost developed from processing Organic Waste will be returned to the City as described in Article 16 of the Collection Service Agreement. 2.5.1.4 SFD Large Item Collection Service The Contractor will provide Large Item Collection Service to the City's SFD Service Units based on an on-call system. Collection of Large Items will be required within three (3) business days of notification. The Collection of Large 174 Items will be limited to five (5) or seven (7) cubic yards per collection event. 175 Customers will be limited to three (3) Large Item Collection events per year per 176 $FD Service Unit. 177 SFD Large Item Collection Service will be expanded to include the Collection of 178 furniture, White and Brown Goods and E-Waste. 179 In order to allow the City to evaluate the economic viability of this program, 180 Proposers will be asked to provide alternative cost data for this program under 181 each of the two size options, (5 and 7 cubic yards), and under the option of 182 excluding E-waste from the program. Page 2-7 Section 2 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 2OO 201 2O2 203 2O4 2O5 2O6 207 2O8 209 210 211 212 213 214 215 216 217 218 2.5.1.5 SFD Used Oil Collection Service The City wishes to retain the current Used Oil Collection Service and expand the program to include the Collection of Used Oil Filters. The Contractor will provide Used Oil Containers and Used Oil Filter Containers. 2.5.1.6 Minimum SFD Collection Service Minimum SFD Collection Service under the new Collection Service Agreement will include: · SFD Solid Waste Collection Service (32 gallon Cad); · SFD Recycling Service (64 gallon Cad with option to change to 96 or 32 gallon cart or add one additional cad); · SFD Organic Waste Collection Service (64 gallon Cad with option to change to 96 or 32 gallon cad or add one additional cart); · Large Item Collection Service; · Used Oil Collection Service; and · Annual HHW drop-off event. 2.5.2 Multi-Family Collection Service 2.5.2.1 MFD Solid Waste Collection Service The City wishes to retain the current MFD Solid Waste Collection Service. The Contractor will provide this service to multi-family properties using Garbage Bins for the accumulation and set-out of their Garbage. The Contractor will be required to furnish the necessary number and size of Garbage Bins to accommodate the needs of the MFD Service Units. 2.5.2.2 MFD Recycling Service The Contractor will provide this service to MFD Service Units. The Contractor will be required to furnish the necessary number and size of Recycling Bins and/or Recycling Cads to accommodate the MFD Recycling Services. 2.5.2.3 MFD Large Item Collection Service The City wishes to expand MFD Collection Services to include Large Item Collection Service. The Contractor will provide Large Item Collection Service to the City's MFD Service Units based on an on-call system. Collection of Large Items will be required within three (3) Work Days of notification. The Collection of Large Items at each MFD Service Unit will be limited to a total number of cubic yards per Agreement Year equal to the total of three (3) cubic yards times the number of units at the MFD Service unit. MFD Large Item Collection Service will include the Collection of furniture, White and Brown Goods, and E-Waste. Page 2 - 8 City of Dublin CitY Information 1 219 22O 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 25O 251 In order to allow the City to evaluate the economic viability of this program, Proposers will be asked to provide cost data for this program with the inclusion of E-waste and to provide optional cost data for the program without E-Waste. 2.5.2.4 MFD Used Oil Collection Service The City wishes to expand MFD services to include the Collection of ~sed Oil and Used Oil Filters. The Contractor will provide Used Oil Collection Se ,ryices on the same day that MFD Recycling Service is provided. The Contractor',will also provide a collection box for the placement of full Used Oil Containers a,nd Used Oil Filter Containers at the MFD Service Unit prior to Collection. 2.5.3 Commercial Collection Services 2.5.3.1 Commercial Solid Waste CollectiOn SerVice The Contractor will provide Commercial Solid Waste Collection Service to all Commercial Service Units in the Service Area. 2.5.3.2 Commercial Recycling Services The Contractor will provide Commercial Recycling Services to all Commercial Service Units in the Service Area. The volume of such services shall be unlimited and the cost of the services will be bundled in the Commerc~ial Solid Waste Collection Service rate, 2.5.3.3 Commercial Organic Collection Service' The Contractor will provide Commercial Organic Collection Service to all Commercial Service Units and Commercial Organic Service Units in the Service Area requesting such service. The volume of such service shall be unlimited and the cost of the services will be separate from other Commercial Collection Services. 2.5.4 City Collection Services The Contractor will provide City Solid Waste Collection Service, City Recycling Service, City Organic Waste Collection Service, and Large Item Collection Service to all City Service Units. 2.5.4.1 Household Hazardous Waste Drop-off Event The City wishes to continue to have an annual HHW drop-off event Within the City. In the event the City does not elect to include E-Waste in the Large Item Collection Service, E-Waste will be included in this Service. Proposers will also be asked to provide alternative cost data for this option. Page 2-9 Section 2 252 253 254 255 256 257 258 259 26O 261 262 263 264 265 266 267 2.5.4.2 Neighborhood Clean-Up Service The Contractor will provide Roll-Off Containers for neighborhood clean-up events as requested by the City. This service will be limited to 480 cubic yards per Agreement Year. 2.5.4.3 Special Event Service The Contractor will provide collection service for City-sponsored events as set forth in Adicle 11 of the Collection Service Agreement. 2.5.5 Billing and Customer Service The City will be responsible for billing all SFD Service Units for the Minimum SFD Collection Services set forth in Section 2.5.1.6 above. The Contractor will be responsible for billing SFD Service Units for services above the Minimum SFD Collection Service level, and for billing all MFD Service Units and Commercial Service Units. The Contractor will be responsible for meeting all customer service requirements. 2.5.6 Summary of Current and Proposed Collection Service SFD Collection Service Residential Solid Waste Collection Service. Automated collection utilizing variable size carts collected weekly. Rate includes all collection services. Residential Recycling Collection Service. Automated collection of commingled recyclable materials utilizing 64 gallon carts furnished by Contractor and collected weekly. SFD Solid Waste Collection Service. Same services utilizing variable size cads furnished by the Contractor with rate based on proposal fee. Rate will include all Collection Services. SFD Recycling Service. Automated Collection of commingled Recyclable Material utilizing variable size cads furnished by the Contractor and Collected weekly. The default cart size is 64 gallons. Page 2 - 10 City of Dublin ¢it¥ Information Residential Green Waste Collection Service. Automated collection of Green Waste utilizing 64 gallon carts furnished by Contractor, and collected weekly. Special Cleanups. Three scheduled collections with a three (3) cubic yard limitation. Residential Used Oil Collection Service is currently provided with recycling service. The Contractor provides the containers. Curbside Collection or Drop-off of Christmas Trees. Currently provided. SFD Organic Waste Collection :Service. Automated Collection of Residential Organic Waste utilizing variable size carts furnished by the Contractor, and Collected weekly. The default cart size is 64 gallons. Contractor to provide Organic Pail. SFD Large Item Collection Service. On-call service with Collection required within three (3) Work Days of call, up to three (3) times per year and limited to five (5) or seven (7) cubic yards per Collection event. ' SFD Used Oil Collection ServiCe. Weekly Collection of Used Oil and Used Oil Filters provided in conjunction with SFD Recycling Service using containers provided by the Contractor. Curbside Christmas Tree Collection. One Collection per year included in SFD Organic Waste Collection Service. MFD Collection Service a. bo Multi-family Solid Waste Collection Service is currently provided by Bin collection with size and frequency determined by customer. Multi-family recycling service is currently provided under a separate agreement with the Contractor. Separate Multi-family recycling fee charged on a per unit basis. MFD Solid Waste Collection Service. Same service but rate includes MFD Recycling Service, Large Item ' Collection Service and MFD Used Oil Collection Service. MFD Recycling Service. Same materials as SFD. Cart or Bin Collection determined by the customer. No separate charge. Page 2- 11 Section 2 Multi-family Large Item collection is not currently offered. Multi-family used oil collection is not currently offered. MFD Large Item Collection Service. On-call service with an annual cubic yard limit based on the number of units. No separate charge. Additional on-call service will be available at an additional rate. MFD Used Oil Collection Service. Weekly collection of Used Oil and Used Oil Filters. No separate rate. Commercial Service a. Commercial solid waste collection service is currently provided under a separate contract with the Contractor. Commercial recycling service is currently handled individually by the commercial establishment. Commercial Solid Waste Collection Service. Same service but rate includes Commercial Recycling Service. Commercial Recycling Service. Service to be offered to all Commercial Service Units with the cost included as part of the Commercial Solid Waste Collection Rate. City Collection Service a. Solid waste collection service to City owned properties. Currently provided by the Contractor. Recycling collection service to City owned properties. Currently provided by the Contractor. City Solid Waste Collection Service. Collection of Solid Waste from City Service Units and other designated sites at no charge to the City. City Recycling Service. Collection of Recyclable Materials from City Service Units and other designated sites at no charge to the City. Page 2 - 12 City of Dublin City Information Green waste collection from City facilities and parks. Currently provided by the Contractor. Large Item Collection from City facilities. Not currently provided. Special services including collection of solid waste from City sponsored special events and the provision of drop-box or container services to the City. Currently provided by the Contractor. HHW Collection drop-off event currently provided by the contractor. City Organic Waste Collection ~ervice. Collection of Organic Waste from City Service Units and other designated sites at no charge to the City. Large Item Collection Service. On-call service with Collection required within three (3) Work Days of call, up to three (3) times per year and limited to five (5) or seven (7) cubic yards per Collection event at no charge to the city. Special Event Service. Same services as are currently provided at no :charge to the City. Same service at no charge to the City. 268 269 270 271 272 273 274 275 276 277 278 279 280 2.5.7 Collection Service Compensation and Rates Collection Service proposers will be providing a Collection Service comPensation proposal that will consist of the following elements: a Collection Coml~ensation Element, a Disposal Compensation Element, a Container ComPensation Element, and a Fee Compensation Element. The Compensation proposal forms consist of Forms D through D-8 and are located in Section 7 of this RFP. The City will set the actual rates in a manner so as to provide the :required compensation to the Contractor. The specific compensation adjustment methodology is set forth in Article 5 of the Collection Service Agreement'.which is located in Section 5 of this RFP. 2.5.7.1 Collection COmpensation Element The Collection Compensation Element as included in the final signed Collection Service Agreement for the City of Dublin that will go into effect on or aboUt July 1, Page 2 - 13 Section 2 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 3OO 301 3O2 303 3O4 3O5 306 3O7 3O8 3O9 310 311 312 313 314 315 316 317 318 2005 will not be adjusted except as set forth in Article 5 of the Collection Service Agreement. 2.5.7.2 Disposal Compensation Element The Disposal Compensation Element as included in the final signed Collection Service Agreement will be based on the Disposal Compensation Element tonnage provided by the Collection Service proposers and the Disposal rates provided by the selected Disposal Service Contractor on the appropriate Collection Service compensation proposal forms and Disposal Service Rate proposal forms included in Section 7 of this RFP document. Article 5 of the Collection Service Agreement presented in Section 5 of this RFP document addresses the subsequent adjustment to the Disposal Compensation Element approved under the Agreement. 2.5.7.3 Container Compensation Element The Container Compensation Element as included in the final signed Collection Service Agreement for the City of Dublin that will go into effect on or about July 1, 2005 represents the cost of providing Garbage, Recycling and Organic Waste Carts and Bins. This element will not be adjusted except as set forth in Article 5 of the Collection Service Agreement. 2.5.7.4 Fee Compensation Element The Fee Compensation Element as included in the final signed Collection Service Agreement for the City of Dublin that will go into effect on or about July 1, 2005 represents the fees payable to the City by the Contractor. This element will be adjusted at such time as other elements of the rates are adjusted in a manner so as to ensure that the franchise fee percentage remains constant unless the City Council decides otherwise. Article 5 of the Collection Service Agreement presented in Section 5 of this RFP document addresses the subsequent adjustment of the Fee Compensation Element approved under the Agreement. 2.5.8 Disposal Rates Depending on the type of services proposed, transfer and disposal or only disposal, the Disposal Rate may be comprised of up to six elements: 1) a transfer element, 2) a transport element, 3) a Disposal element, 4) a transfer government fee element, 5) a transport government fee element, and 6) a Disposal government fee element. The methodology to be used to adjust these elements is set forth in Article 5 of the Disposal Service Agreement located in Section 6 of this RFP. Except as set forth in Article 6 of the Disposal Service Agreement, Disposal Service Rates will not be adjusted over the term of the Agreement. Disposal Service proposers will be providing Disposal Rates using the Disposal Service Rate Proposal Forms E through E-3 located in Section 7 of this RFP. Page 2 - 14 City of Dublin City Information 319 320 321 322 323 324 325 326 327 328 329 33O 331 332 333 334 335 336 337 338 339 34O 341 342 343 344 345 346 347 348 349 35O 351 352 353 354 355 356 357 358 2.5.9 Carts The garbage, recycling and green waste carts currently used by the residents of the City are provided and owned by the current service provider. Tho City is requesting that proposers provide new carts as part of their proposal. The City is interested in keeping the current colors used to differentiate the carts used in each type of Collection Service. Garbage Carts should have a gray body and a gray lid, Recycling Carts should have a gray body with a black lid and have the word "Recycling" embossed on the lid, and Organic Waste Carts should have a green body and green lid. In addition, the City is interested in carts that are not easily tipped over by the wind. ' 2,5.10 Alternative Fuel Vehicles The City is very interested in the use of alternative fuel vehicles (AFV) as part of the provision of the services under the Collection Service Agreement. The City considers AFV's to be vehicles that use either Compressed Natural GaS, "CNG" of Liquified Natural Gas, "LNG". However, the City is concerned with the effect the use of these vehicles may have on the service rates. Accordingly, proposers will be asked to provide cost information including and excluding the use of AFVS. In completing Compensation Proposal Form D-1 contained in SeCtion 7 of this RFP, proposers should include the cost of using AFVs for the prOVision of Collection Services. In completing Compensation Proposal Form D-5, proposers shOUld prOVide the reduCtiOn, if any, in the Collection Compensation Element that will occur in the event the City chooses not to use AFVs. The California Air Resources Control Board and the Federal EPA i recently adopted a proposed rule requiring that proposers implement a diesel particulate matter control measure for diesel engines in collection vehicles (CalifOrnia Air Resources Board Heavy Duty Engine Standards to be contained in CCR Title 13, Section 2020 et seq; and the Federal EPA's Highway Diesel Fuel Sulfur regulations.) Proposers will be required to discuss their manner and method of complying with the rule. 2.5.11 Recycling Revenues Revenues from the sale of Recyclable Materials along with the California Redemption Value (CRV) rebate from the State will be retained by the Contractor. The CRV was recently raised from $0.025 per container to $0.04 per container and is scheduled to increase in future years. While the City' believes that it is appropriate for the successful Contractor to retain these fund's, it also believes that proposers should take these monies into account when completing their Compensation Proposal Forms. In addition, the Contractor will be required to report CRV Revenues received from the sale of Recyclable Materials in the annual reports to the City as specified in Article 18 of the Collection Service Agreement. page 2 - 15 Section 2 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 2.5.12 Compost Revenues Revenues from the sale of composted material will be retained by the Contractor. While the City believes it is appropriate for the successful Contractor to retain these funds, it also believes that proposers should take these monies into account when completing their Compensation Proposal Forms. 2.5.13 Employment Opportunity In the event the City's current Collection Service Contractor is not the successful Collection Service proposer, the new Contractor will be required to make a good faith effort to provide an employment opportunity to those displaced workers of the current Contractor. The specific requirements related to this opportunity are set forth in Article 20 of the Collection Service Agreement. 2.6 Disposal Services The City is requesting separate proposals for disposal services for a period of 10 years, with one 10-year extension at the sole discretion of the City, or twenty (20) years with no extension option. Disposal Services will begin on or about July 1, 2005. The terms and conditions for the provision of Disposal Services are set forth in the Disposal Service Agreement located in Section 6 of this RFP. Article 1 of the Collection Service Agreement requires that the Collection Service Contractor deliver all Residential Solid Waste, City Solid Waste and Commercial Solid Waste Collected under the terms of the Collection Service Agreement to the disposal facility, (or transfer station) set forth in the Disposal Service Agreement. Disposal Service proposers should be familiar with the policies of the Alameda County Waste Management Authority, ("Authority"), particularly Policy 4.5.2 of the Alameda County Integrated Waste Management Plan that states "Except under emergency conditions as determined by the [Alameda County Waste Management] Authority, solid waste that is collected by municipal or franchised collectors and hauled more than 15 miles from the point of collection to the landfill, must be transported in vehicles carrying a minimum payload of 14 tons." If the landfill location is more than 15 miles from the point of Collection, the Disposal Service proposal must include transfer station, transfer hauling, and landfill disposal services. If the Disposal Service proposal includes the use of a transfer station, the proposal must include transfer station, transfer hauling, and landfill disposal services. Disposal Service proposals will be evaluated separately from Collection Service proposals, although proposers with the ability to provide both services are encouraged to propose on both services. Accordingly, separate Collection Service and Disposal Service Agreements will be executed. Page 2 - 16 City of Dublin 398 399 4OO 401 4O2 4O3 4O4 4O5 4O6 407 4O8 City Information Proposals for Disposal Services must guarantee capacity for 10 years, or 20 years if the proposal includes the 20 year option, for the disposal of all Residential Solid Waste, Commercial Solid Waste and City Solid Waste Collected by the City's Collection Service Contractor and delivered to the landfill by that Contractor beginning on or about July 1, 2005. Regardless of the location of the transfer station or landfill, the Disposal Service Contractor shall be required to include the governmental fees shown on the following page on Table 2-4 in the government fee component of the Disposal Service Rates and remit such fees to the appropriate parties. Proposers are responsible for determining if any additional fees are applicable to the' transfer and disposal program they propose. Page 2-17 Section 2 409 State of CA Fee: $ 1.40 Alameda County Local Agency $ 0.22 Set by County Enforcement (LEA) Landfill Fee v' ¢' LEA where landfill is located Alameda County Environmental Health ? ,/'Check County Department Local Agency Enforcement LEA fee schedule (LEA) Transfer Station Fee Measure D Fee: (Effective 1/1/05 & $ 7.19 City of Dublin increased annually using Bay Area CPI v' v' decision as approved by Alameda County Board of Supervisors.) Alameda County Household Hazardous $ 2.15 Waste Fee: Alameda County Waste Management $ 1.50 Authority "Facility" Fee: City / County Business License Fee $ 0.95 Set by City v' v' and/or County where landfill is located County Planning Department: $ 0.075 County Open Space $1.25 Other Check with City/County where facilities are located 410 Page 2 - 18 City of Dublin City Information 411 412 413 414 416 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 2.7 Summary of Intent The City's intent and the requirements of this RFP document are to co.ntinue to provide the community with the appropriate level of service at the best Price and with the highest quality of service. The specifications contained within this RFP are designed to establish an effective, efficient, uniform, and safe system of Collection and Disposal that provides for the following intended purposes: · Establishment and maintenance of a continuous and uniform level of Collection and Disposal Services to ensure protection of the health, safety, and welfare of the community. · Collection of materials in a coordinated manner, by a routing system that will improve current Collection Services while decreasing :costs. · Maximize diversion and reduce Disposal Services through th'e use of innovation and ingenuity. · Endeavor to comply with the Alameda County Source Reduction and Recycling Plan goal of 75% diversion by 2010. · Provide Disposal capacity for 10 to 20 years. To this end, the City has tried to provide as much information as possible to all prospective proposers in order to allow them to properly prepare their responses and compute fair and reasonable compensation quotes. However, it is the sole responsibility of the proposer to calculate and be responsible for the compensation and rates quoted in the applicable set of Compensation Proposal and Service Rate Forms provided in Section 7 of this RFP document. page 2-19 Section 2 435 This page intentionally left blank. Page 2 - 20 City of Dublin Section 3 General Instructions 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 3.1 RFP Documents These RFP documents constitute the complete set of proposal specifica[ions and forms. All forms and applicable documents must be executed and submitted in sealed envelopes, as described in Section 4 of this RFP. PropOSals not submitted on the prescribed proposal forms shall be rejected. By submitting a proposal, the proposer agrees to be subject to all terms and conditions Specified herein. Except as otherwise set forth in this RFP, no exception to the terms and conditions shall be allowed. Submittal of a response to this RFP conStitutes a binding offer by the proposer which shall be open for a period of no less than one hundred eighty (180) calendar days from the date of submittal. 3.2 Mistakes Proposers are expected to examine the RFP documents, including the Agreement, proposal forms, and all other instructions provided herein. FAILURE TO DO SO WILL BE AT THE PROPOSER'S RISK. In the event of extension error(s), the unit price will prevail and the proposer's total offer will be corrected accordingly. In the event of addition error(s), the unit price will prevail' and the proposer's total offer will be corrected acg_ordingly. 3.3 Additional Terms and Conditions Except as is set forth in Section 4.5 of this RFP, no additional terms and conditions included with the RFP shall be evaluated or considered. Any and all such additional terms and conditions shall have no force and effect'and are inapplicable to this RFP. 3.4 Interpretations and Inquires In order to be addressed at the pre-proposal conference, questions co:ncerning the intent, meaning, and interpretation of the RFP documents shall be submitted in writing and received via email, facsimile, U.S. Postal Service or delivery service, no later than 4:00 p.m. PDT on August 6, 2004. In addition, questions submitted in writing and received no later than 4:00 p.m. PDT on August 27, 2004 will be addressed through addenda. Written inquiries shall be addressed to: Page 3-1 Section 3 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 Jason Behrmann, Senior Administrative Analyst City of Dublin 100 Civic Plaza Dublin, CA 94568 Phone (925) 833-6650 Fax (925) 833-6651 Jason.behrmann@ci.dublin.ca.us All proposers shall carefully examine the RFP documents. Any ambiguities or inconsistencies shall be brought to the attention of the City in writing prior to the pre-proposal conference as described above, but in no event later than 4:00 p.m. PDT on August 27, 2004. Submission of a proposal will serve as prima facia evidence that the proposer has examined the Agreements and is fully aware of all conditions affecting the provision of Collection and/or Disposal Services. No person is authorized to give oral interpretations of, or make oral changes to, the RFP documents. Therefore, oral statements will not be binding and should not be relied upon. Any interpretation of, or changes to, the RFP documents will be made in the form of a written addendum to the RFP document and will be furnished by the City to all proposers who attend the mandatory pre-proposal conference and submit a properly completed Process Integrity Rules Form. Only those interpretations of, or changes to, the RFP document that are made in writing and furnished to the proposers by the City may be relied upon. 3.5 Verbal Agreements 54 No verbal agreement or conversation with any officer, agent, or employee of the 55 City, either before or after execution of the Contract, shall affect or modify any of 56 the terms or obligations contained in the Contract. Any such verbal agreement or 57 conversation shall be considered as unofficial information and in no way binding 58 upon the City or the Proposer. 59 60 61 62 63 64 65 66 67 68 3.6 Qualification of Proposer The proposer must be qualified by experience, adequate equipment to do the work called for in the Agreement(s). financing and 3.7 Conflict of Interest All proposers must disclose, with their proposal, the name of any officer, director, agent, or any relative of an officer, director, or agent who is an employee, elected official or appointed official of the City. Furthermore, all proposers must disclose, to the best of their knowledge, the name of any City of Dublin employee, elected official or appointed official who has any direct or indirect economic interest in the proposers' firm or any of its' branches or subsidiaries. "Economic interest" shall Page 3 - 2 City of Dublin General Instructions 69 7O 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 have the same meaning as that term is defined in Title 2, California:Code of Regulations Sections 18703- 18703.5. 3.8 Proposers Non-Collusion Certification Any proposer submitting a proposal to this RFP must complete and execute the Non-Collusion form included in Section 7 of these RFP documents. 3.9 Disqualification of Proposers More than one proposal from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that a proposer is involved in more than one proposal for the same work will be cause for rejection of all proposals in which such proposers are believed to be involved. 3.10 Legal Requirements Proposers are required to comply with all provisions of Federal, State,' County, and local laws, ordinances, rules and regulations that are applicable to the services being offered in this RFP. Lack of knowledge of the proposer shall in no way be a cause for relief from responsibility or constitute a cognizable' defense against the legal effects thereof. 3.11 Familiarity with Laws and Ordinances The submission of a proposal for the services requested herein shall be considered as a representation that the proposer is familiar with all Federal, State, and local laws, ordinances, rules, and regulations which affect those engaged or employed in the provision of such services, or equipment used in the provision of such services, or which in any way affects the condubt of the provision of such services; and no plea of misunderstanding will be cOnsidered on account of ignorance thereof. The proposer's particular attention is directed to the City of Dublin Municipal Code, and other such relevant ordinances and resolutions of the City of Dublin, as may be amended from time to time, under which the authority, terms, and conditions the Collection Services program are to be operated. The City of Dublin Municipal Code is available in the office of the City Clerk. If the proposer discovers any provisions in the RFP documents that are contrary to or inconsistent with any law, ordinance, or regulation, they shall report it as is set forth in Section 3.4 above without delay. 3.12 Agreement The City shall not be obligated to any proposer to enter into a Collection or Disposal Service Agreement with the proposer(s) despite the City's governing body prospectively awarding either Agreement to a proposer. The City of Dublin shall be obligated to a proposer if and only if the City enters into an Agreement Page 3 - 3 Section 3 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 for the services with the proposer, and further, no action will lie against the City to compel the City to execute any such Agreement(s), or to recover from the City any damages, costs, lost profits, expenses, etc., that any proposer may incur if the City chooses not to sign such Agreements. By submitting a proposal for the services, all proposers acknowledge and agree that no enforceable contractual relationship arises until the City of Dublin signs the appropriate Agreement, that no action shall lie to require the City to sign such Agreement at any time, and that each proposer waives all claims to damages, lost profits, costs, expenses, etc., as a result of the City not signing such Agreement(s). 3.13 Facilities The City reserves the right to inspect each proposer's facilities at any reasonable time, during normal working hours, with prior notice to determine that the proposer has a bona fide place of business and is a responsible proposer. 3.14 Insurance The City has set forth the insurance requirements in Article 24 of the Collection Service Agreement contained in Section 5 of this RFP and Article 7 of the Disposal Service Agreement contained in Section 6 of this RFP. Proposers are strongly encouraged to review and obtain an understanding of these requirements before submitting a proposal. 3.15 Agreement Modifications The City reserves the right to make modifications to either Agreement to more fully effectuate the intent of this RFP and the City Collection and Disposal Service programs. 3.16 Proposers' Bid Bond Proposers are required to submit a single bid bond from a surety company licensed to do business in the state of California in an amount of Fifty-Thousand Dollars ($50,000). The bid bond shall contain the following language. Now, therefore, if the City of Dublin ("City") shall accept the Bid of the Principal and the Principal shall enter into a Contract with the City in accordance with the terms of such Bid, and give such Bond or Bonds as may be specified in the Bidding or Contract Documents with good and sufficient surety acceptable to the City, then this obligation shall be null and void, otherwise Surety shall pay over to the City immediately the full penal sum of this Bid Bond. The Surety, for value received, stipulates and agrees that the obligations of the Surety shall not be impaired or affected in any way by any extension of Page 3 - 4 City of Dublin General Instructions 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 the time within which the City may accept the Bid of the Principai and the Surety waives notice of any such extension. A proposal will not be considered unless accompanied by said bid bo~d. Such bond shall be a guarantee that the proposer, if awarded an Agreement, will execute such Agreement and furnish a performance bond and other required information. If the proposer fails, refuses, or neglects to furnish the required performance bond and information, the City may enforce the bid bond as compensation for liquidated damages for the proposer's breach. After the proposals are opened, checked, and duly considered, the City will release the proposer's surety as follows: · Proposers, Other Than Three Highest Ranked - The surety of al except the three highest ranked proposers will be released within five (5) business days after the determination of the ranking of the proposers. · Second and Third Ranked Proposers The surety of these two unsuccessful proposers will be released within five (5) business days after the City has executed the Agreement(s). · Successful Proposer(s) - The surety of the successful proposer(§) will be released when the Performance Bond and all other required documents have been received, have been found to be consistent With the requirements of this RFP and any amendments thereto, and the executed Agreement(s) have been approved by the City. · Proposals Rejected - If all proposals are rejected, all sureties will be returned within five (5) business days after such rejection. 3.17 Withdrawal or Revision of Proposal Prior to Opening At any time prior to the closing time for receiving proposals, a proposer may, without prejudice, withdraw, modify, or correct a proposal after it has been deposited with the City of Dublin City Clerk, provided a request is made in writing to the City Clerk, whose name, address, and contact information is iprovided herein. Modification or corrections of proposals may be made by means of facsimile or other written communications, provided such modifications or corrections are received by the City Clerk prior to the closing time set for receiving proposals. Proposals which are not submitted on the forms furnished by the City and are not in conformity with the provisions of Section 4 of this RFP documen[ may be rejected. No corrections in proposals will be acceptable unless each correction ~s signed or initialed by the proposer. If initialed, the City may require the proposer to identify any corrections so initialed. A proposal in which omissions occur or which has been conditioned by the proposer in a manner that ~s unacceptable to the City may be rejected. Omissions and corrections may be made until the closing time set for receiving proposals. Page 3- 5 Section 3 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 2O5 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 3.18 Acceptance or Rejection of Proposals The City reserves the following rights and options: · To reject any and all proposals that fail to meet the literal and exact requirements of the specifications provided in this RFP document; · To accept the proposal(s) that is, in the judgment of the City Council, in the best interest of the City and its' residents; · To reject any and all non-responsive proposals; · To waive irregularities in any proposal as the City Council may elect to waive; · To reject all proposals without cause; and · To issue subsequent requests for new proposals. Any or all proposals will be rejected if there is reason to believe that collusion existed among the proposers. Proposals received from participants in such collusion will not be considered for the same work when and if re-advertised. 3.19 Award of Agreements by City Council The award of Agreements, if made, will be those Agreements which best fulfill the requirements and provide the best value to the City and the community. No award will be made until all necessary investigations have been made to determine the responsiveness and responsibility of the proposer under consideration. After opening the proposals, the City may require the selected proposer(s) to submit a verified statement disclosing all ownership interests, whether direct, indirect, or beneficial, and including intermediate and ultimate ownership interests where several levels of ownership exist, disclosing any single source in excess of thirty (30) percent of outstanding debt, and disclosing any person or entity that has guaranteed in excess of thirty percent (30%) of the proposer(s) outstanding debt furthermore, such disclosure shall contain any information of or relating to any and all common ownership, control, management, or common pecuniary benefit said proposing entity, its owners, management, or representatiVes possess or retain in any other entity now participating, or proposing to participate, in the Collection Service Agreement and/or the Disposal Service Agreement with the City of Dublin. The City Council shall be the sole judge as to the responsiveness and the suitability of the proposer(s) to satisfactorily perform the work specified within the Agreements. As soon as practicable after opening the proposals, the proposer(s) recommended for award of the Agreements will be submitted to the City Council for approval. In the event the City Council approval is not received within one hundred and eighty ('180) calendar days after opening of the proposals, the proposer(s) may request that it be released from the Agreement obligation and that its bid bond, Page 3 - 6 City of Dublin General Instructions 223 224 225 226 227 228 229 23O 231 232 233 234 235 236 237 238 239 24O 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 cashiers check or certified check, as appropriate, be released, in which 'case the City shall release the proposer's bond or check within five (5) busines§ days of receipt of the request. The foregoing action by the City or the proposer(s) shall in no way provide any cause whatsoever for claim against the City by the proposer(s). 3.20 Addendum The proposer shall sign each Addendum issued and attach it to the proposal in order to have the proposal considered. ' 3.21 Examination of the Site of the Work By the submission of a proposal to do the work, the proposer certifies that a careful examination of all RFP documents has taken place, and that the Proposer is fully informed concerning the requirements of the RFP documents, the physical conditions to be encountered in the work, the quality and quantity of service to be performed, and of materials and equipment to be furnished. The proposer will not be entitled to additional compensation upon subsequently finding that conditions require methods or equipment other than that anticipated in making the proposal. Negligence or inattention of the proposer in determining conditions of the Agreement(s) prior to submitting the proposal, or in any phase of the performance of the work, shall be grounds for refusal by the City to "agree to additional compensation for additional work caused by such negligence or inattention. 3.22 Performance Bond A performance bond in a form as set forth in Forms O of Section 7 of this RFP is required from the successful Collection Service Proposer within ten (10) calendar days from the date the Dublin City Council approves the Collection Service Agreement in an amount equal to One Million Dollars ($1,000,000). A performance bond in a form as set forth in Form P of Section 7 of this RFP is required from the successful Disposal Service Proposer within ten (10)'calendar days from the date the Dublin City Council approves the Disposal Service Agreement in an amount equal to One Million Dollars ($1,000,000). The successful proposer(s) must submit the performance bond using only the forms provided in Section 7 of this RFP document. The performance bond shall be executed by a surety company licensed to do business in the State of California; having an "A-" or better rating by A. M. Best or Standard and Poors; and included on the list of surety companies approved by the Treasurer of the United States. Page 3-7 Section 3 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 28O 281 282 283 284 285 286 287 288 As an alternative to the required performance bond, Proposers may deposit with City an irrevocable letter of credit as set forth in Article 23 of the Collection Service Agreement or Article 6 of the Disposal Service Agreement. 3.23 Proprietary Information Under the California Public Records Act, most City records are made public records. Trade Secrets and certain financial information, which are not public, are exceptions to this general rule. Proposers must clearly identify as "Confidential" or as a "Trade Secret" any information in their proposals that is exempt from disclosure under the Public Records Act. If a Proposer marks any information in their proposal as "Confidential" or "Trade Secret", the City agrees to maintain the confidentiality of such information and data to the extent permitted by law. City agrees to notify Proposer of any request from any third party to review and/or inspect information and data. In the event a third party files legal action against the City seeking release of such records and data, City shall tender the defense of such action to Proposer and Proposer shall indemnify and hold the City harmless from any and all expenses associated with the defense of such action, including, without limitation, the City's attorneys fees and costs and any attorneys fees awards or other judgments against the City. If Proposer fails to follow these requirements in any way, City may release the requested information or data is its sole discretion. To the extent permitted by applicable law, all pricing data will remain confidential until after an initial evaluation of the proposals is made and there will be no public opening of the proposals. 3.24 Subcontractors Proposers intending to enter into contracts with subcontractors in order to provide the services requested in this RFP must include in their proposal responses a list of those potential subcontractors for approval by the City. Subcontractor contracts must meet the requirements of the levels of insurance specified in the Collection and Disposal Service Agreements included in Sections 5 and 6 of this RFP document. Page 3 - 8 City of Dublin Section 4 Proposal Preparation Instructions 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 4.1 Receipt and Opening of Proposals The City of Dublin will receive written and sealed proposals to furnish all labor, equipment, materials, tools, insurance, supervision, and all other items incidental thereto, and to perform all work necessary, specified, and relating [o in the prescribed manner and time to provide COLLECTION SERVICES and/or DISPOSAL SERVICES in accordance with the terms and conditions se~t forth in the Collection Service and Disposal Service Agreements. Sealed proposals will be received until 1:00 p.m., PDT, September 13, 2004, at the office listed below. Each proposal and supporting documentation must be submitted in e sealed envelope or container plainly labeled in the lower-left corner: "Proposal for (insert as appropriate COLLECTION SERVICES, COLLECTION AND DISPOSAL SERVICES, or DISPOSAL SERVICES)" along with the Proposal opening date and time. Proposers must also include their company name and address on the outside of the envelope or container. Proposals must be delivered to: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 20 21 22 23 24 25 26 27 28 29 30 31 32 Proposers are responsible for making certain that proposals are delivered to the City Clerk, City of Dublin, CA. Mailing of a proposal or receipts of postal or other delivery agents does not ensure that the proposal will be delivered on time or delivered at all. Proposals will be accepted in person, by United States Mail, or by private courier service. No proposals will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or facsimile transmission. Proposals may be withdrawn prior to the above scheduled time set for opening of proposals. No proposer may withdraw a proposal after the above scheduled time for opening the proposals. Any proposal received after the date and hour specified will be rejected and returned unopened to the proposer. The City of Dublin reserves the right to postpone the date and time fo~: opening proposals through an addendum. Page 4-1 'Section 4 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 4.2 Pre-Proposal Conference A MANDATORY PRE-PROPOSAL CONFERENCE will be held on Monday, August 16, 2004, beginning at 1:00 p.m. PDT, at the Civic Center Regional Meeting Room, 100 Civic Plaza, Dublin, CA 94568. FAILURE TO ATTEND the mandatory pre-proposal conference shall render a proposal submitted by a non-attendee to be deemed non-responsive, and the proposal from the non-attendee shall not be considered for award. Decisions of the City of Dublin on this matter shall be final. At the pre-proposal conference, representatives of the City will be available to answer questions and explain the intent of this RFP. Questions about, or requested modifications to, the RFP documents which have been submitted in writing and received as set forth in Section 3.4 of this RFP no later than 4:00 p.m. PDT on Au.qust 6, 2004 will be addressed. To the extent possible, the City will also consider other questions or concerns that may be raised at that time. After the pre-proposal conference, the City will prepare written documentation to answer questions which were addressed at the pre-proposal conference which relate to interpretation of, or changes to, the RFP documents which the City deem appropriate for clarification. The documentation will be divided into two (2) areas: 1. Items which only require clarification, interpretation, or explanation; and Items which require an addition, deletion, or change to the proposal documents. (Answers to items in this category will be accompanied by the appropriate amended portion of the RFP document.) Proposers are again cautioned that only interpretations of, or changes to, the RFP documents received from the City in writing may be relied upon. 58 4.3 Preparation of Proposals 59 Nine (9) sets of the RFP responses must be submitted. The nine (9) sets shall 60 consist of one (1) single-sided original Proposal and eight (8) double-sided 61 copies, all placed in three ring binders with a cover indicating the company name 62 and proposal title. The cover of the original proposal shall be clearly marked 63 "Original Proposal" and the covers of the proposal copies shall be clearly marked 64 "Proposal Copies". Additional copies may be requested by the City at it's 65 discretion. All blank spaces must be filled in and noted, in ink or typed, with 66 amounts extended and totaled as appropriate. Proposals must be printed on 67 recycled content paper with a minimum of 30% post consumer content. 68 All required original signatures must be manual and all corrections made by the 69 proposer to any part of the RFP document must be initialed. 70 Only one (1) proposal from any individual, firm, partnership, corporation or other 71 proposer under the same or different names will be considered. Page 4 - 2 City of Dublin 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 Proposal Preparation Instructions Proposals must be executed by an individual with the authority to 'bind the proposer to the terms and conditions of the RFP. 4.4 Proposal Content All proposals must include the following sections, (titled as such) in the following order: a) Cover Letter (not to exceed four pages) providing: i. Name, address, telephone number, and fax number of proposers key contact person. ii. Description of the type of organization (e.g. corporation, partnership, joint venture teams and subcontractors) submitting proposals. iih Name of the entity that will sign the Collection Service Agreemeht and/or Disposal Service Agreement, in the event one is awarded. iv. A written statement warranting that the requirements of the Collection Service Agreement and Disposal Service Agreement, as appropriate, as described in this RFP document, its enclosures, and all addenda, by listing all addenda and dates received, have been thoroughly reviewed and the proposer has conducted all due diligence necessary to confirm material facts upon which the proposal is based. v. A written statement acknowledging the validity of the proposal 'contents including proposed rates and pricing for a period of one hundred and eighty (180) days. vi. A written statement acknowledging that full payment will be made to the City of Dublin within thirty (30) days of Agreement award of the remaining balance amount of the proposal development fee incurred by the City. Such amount shall be noticed by the City to the selected proposer(s) prior to Agreement execution. Failure to provide this statement or taking exception to this requirement will result in disqualification. b) Bid Bond c) Proposal Submittal Fee d) Table of Contents e) Executive Summary (not to exceed five pages) that highlights the major elements of the proposer's qualifications and proposal, including a brief description of the proposer's initial transition plan and schedule. All information should be provided in a concise manner. f) Forms The one (1) single sided original and the eight (8) double sided cop~es of the proposal must contain Forms A-N of Section 7 of the RFP, in the order they are provided in Section 7. Page 4-3 Section 4 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 g) i. Proposers should note that they are required to include a copy of the completed Form A, "Process Integrity Rules" that was submitted earlier and complete all forms B through N provided in Section 7 of this RFP document. ii. Forms O and P, "Performance Bond" are not required to be completed at the time the proposal is submitted. iii. Form Q, "Secretary's Certification" is an informational form included as an example. iv. Proposers shall use only the forms and fprmat provided. Any deviation from those provided may be grounds for rejection of the entire proposal. v. Signed Addenda. Qualifications i. Key Staff Persons (Including In-City Supervisor) - Proposer must identify each person and provide resumes for key staff proposed for the service identified herein. ii. Staff Responsibilities - Proposers must provide names and resumes of principal officers, partners, or other officials or managers who will be performing substantive responsibilities required under the Collection Service Agreement and/or the Disposal Service Agreement. Describe relevant technical experience of key personnel. iii. References - Proposers must provide a minimum of four (4) local governmental clients that the City may contact to conduct a reference check. The proposer must be providing or have provided similar services as requested herein to the municipality within the last three (3) years. In the event a proposer has not provided similar services to at least four (4) local governmental clients in the last three (3) years, they must provide the requested information for all local governmental clients for whom they have provided similar services in the last seven (7) years. Conflict of Interest Statement- Proposers must warrant that no gratuities have been or will be offered or given by proposer, or any agent or representative of the proposer, to any officer or employee of the City of Dublin or any participant in the selection of a proposer to furnish the services described herein in order to secure a favorable treatment regarding the evaluation, grading, and Agreement award process. Statement of Financial Qualifications - Proposers shall provide copies of audited financial statements for the entity that is proposed to sign the Collection Service Agreement and/or Disposal Service Agreement for the most recent three (3) fiscal years. If the entity that will sign the Agreement does not have three (3) years of audited financial statements, the proposer must provide sufficient financial data to substantiate, to the satisfaction of the City, the proposers' financial capability and the viability iv. Page 4 - 4 City of Dublin 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 h) Proposal Preparation Instructions i) of the entity to provide the services requested. If necessary, this matter will be discussed further at the pre-proposal meeting. vi. In addition to the audited statements or other financial data, the proposer must provide a statement by the Chief Financial Officer indicating that there have been no material changes in the financial circumstances of the proposing entity (or its parent company) since the date of the last audited statement. vii. The City reserves the right to require submission by the Proposer, at no cost to the City, of an opinion by a Certified Public Accountant with regard to the financial status of such proposer, including ownership of, or interest in, equipment and facilities prior to award of a Collection Service Agreement and/or Disposal Service Agreement. Labor Agreements. If Collection Services and/or Disposal Services will be provided under an existing labor agreement, provide a copy of the agreement. If the proposer intends to enter into any labor agreements related to the provision of Collection and/or describe the nature of the agreement and when they will be implemented. Technical Proposals. Proposers are required to provide a description of the manner in which the requested service is to be provided. At a minimum, this should include the following components: i. Transition Plan. Collection Service proposers shall provide a detailed "Initial Transition Plan" that describes the plans and schedule of events leading up to the provision of Collection Service. Contained within the Collection Service Agreement is a requirement to provide the City with a Final Transition Plan subsequent to the award of the Collection Service Agreement. The Initial Transition Plan should describe in concise terms what the proposer will accomplish prior to developing a more detailed transition plan as required in the Collection Service Agreement. ii. Public Education Plan. Collection Service proposers shall I:;rovide a detailed public education plan that specifies the methods and public education materials that will be used for program start-up, and throughout the Agreement term. This will be appended as part of the signed Agreement. At a minimum the plan should include: · Public education programs that will be implemented to educate residential customers on the organic materials programs, particularly focusing on the implementation of food scrap collection; · Public school recycling education programs that will be implemented to educate students on waste reduction, reuse, and recycling; · The use of subcontractors or existing programs such as the "Go Green" program for school environmental education; Page 4-5 Section 4 192 193 194 195 196 197 198 199 200 201 202 2O3 204 205 2O6 207 208 209 210 211 212 213 214 215 216 217 218 219 22O 221 222 223 224 225 226 227 228 229 23O III. iv. · Experience preparing multi-lingual public education materials; · Presentations to service organizations; · Participation at City events, such as booths, displays, sponsorship, parade floats, etc.; · Commercial recycling outreach and waste audits to identify additional commercial recyclable materials and organic materials diversion opportunities. These activities should be coordinated with the ACWMA StopWaste Partnership program to the extent applicable. (The ACWMA contact is Rory Bakke); · Schedule and quantity of information that will be distributed (e.g. newsletter, brochures, etc.); · Proposed number of employees, their job functions, and number of hours per week that will be devoted to the promotion and maintenance of both the recyclable materials and organic materials programs; · Public education and outreach staff or subcontractors qualifications, resumes, years of experience, and references; · Samples of similar educational materials, which may have been used in other programs, particularly those related to recyclable materials collection and food scraps collection programs; and · Proposed annual budget for public education and outreach. Customer Service Plan. Collection Service proposers shall provide a detailed customer service plan that specifies the customer service operations that will be used in the City. Provide information regarding the ability of the proposer to utilize its website as part of the customer service program. This will be appended as part of the signed Agreement. Collection Operations Plan. Proposers seeking to provide Collection Services should provide a detailed operations plan that presents the specific Collection programs that will be implemented. This should include: · Vehicle and container maintenance program, including response/replacement/repair time for vehicles on route; · Staffing requirements, including physical, drug, and alcohol testing requirements; · Routing plan to minimize collection day changes to residential customers; · Office and operations yard location, and distance from the centroid of the City; · The number of vehicle passes per account per week; Page 4 - 6 City of Dublin Proposal Preparation Instructions 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 25O 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 .271 · The method of Collection (automated, split-body collection, manual, split containers, one container, two containers, etc.); · Hazardous Waste Management protocol; · Procedures for clean-up of vehicles fluid spills (i.e. hydraulic fluid, oil etc.); and · Additional material that the Contractor feels is required to ensure a smooth transition and superior program performance. v. For All Collection Services. To the extent not provided on Forms F, G, & H, proposers shall provide a detailed discussion of the number of crew members required per vehicle and their responsibilities, the number of vehicles required for the Collection program, the appearance of the vehicles including the color and information to appear on the outside of the vehicle, if the vehicle will collect more than one (1) type of material (Garbage, Recyclable Materials or Organic Waste) per stop, and the scheduled maintenance and cleaning of the vehicles. Proposers shall provide pictures/and or drawing(s) of the collection vehicles to be used. To the extent not provided on Form I proposers shall provide information about the type of containers to be used (dimensions and shape), past experience of other collection programs with this type of container, the sufficiency of the containers' capacity based on the requirements of the Collection Service Agreement, replacement of the containers, ease of cleaning and the appearance of the containers including their colors and information to be imprinted on the containers. Proposers shall provide pictures/and or drawing(s) of the collection containers. Proposers must provide a summary of the equipment available for use on the Agreement. This inventory should include a detailed listing of the Proposers equipment and all accessories by type, model, year of manufacture, and anticipated remaining useful life, as of the date of the inventory. Delivery guarantees by manufacturers shall be included in the Proposal for all new equipment to be provided to the City. vi. Diversion Plan. Proposers must provide their approach in obtaining the diversion goals specified in the Collection Service Agreement. This shall include, at a minimum, the methods used for diversion programs, projected tonnage to be diverted by material type and program, and diversion facilities to be used (including name, location, owned°perator, permit status, and permitted capacity). vii. Processing Plans, Proposers must provide their approach to providing environmentally sound, long term processing capacity for Recyclable Materials and Organic Waste. If either processing plan includes the use of a transfer station, information regarding the transfer station should be included with the appropriate processing plan. To the extent not provided Page 4- 7 Section 4 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 29O 291 292 293 294 295 296 297 298 299 3OO 301 3O2 303 3O4 3O5 306 307 3O8 3O9 310 VIII. on Forms K, L or M as applicable provide the following information about each processing or transfer facility: · How the facility will track tonnage from the City of Dublin if material is being received from multiple jurisdictions; · The average monthly residue level at the facility for the last twelve (12) months; · Contact names and numbers for representatives of each regulatory agency that monitors the processing facility's compliance with applicable local, state, and federal laws and regulations; · Provide a written commitment guaranteeing capacity (on a daily and annual basis) for the Recyclable and Organic materials collected under the Collection Service Agreement over the life of the Collection Service Agreement; and · List any import restrictions, taxes, or fees that will be applicable to the receipt of the City's Recyclable or Organic materials. Discuss the ability of the host jurisdiction or state to increase or levy taxes, host fees, or other fees. If there is an import restriction on accepting materials from outside of the local jurisdiction, describe the process to have the import restriction waived. Proposers should note that the Collection Service Agreement prohibits the use of Organic Waste for transformation or alternative daily cover. In addition, the Agreement also gives the City the right to approve processing sites and to direct or re-direct the materials to a processing site that it selects. Disposal Operating Plan. Proposers seeking to provide Disposal Services should provide the following information. If the Disposal Plan includes the use of a transfer station, information related to the transfer station should be included with the Disposal Plan. To the extent not provided on Forms J and M provide the following information about each Disposal or transfer facility: · Documentation that the landfill design and operations are in compliance with all applicable federal, state, and local regulations, including, but not limited to, RCRA Subtitle D requirements; · A copy of the primary permits associated with site operations (i.e., State of California Solid Waste Facility Permit); · The permitted and remaining capacity of the site; Page 4 - 8 City of Dublin 311 312 313 314 315 316 317 318 319 32O 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 34O 341 342 343 344 345 346 347 348 349 Proposal Preparation Instructions J) · A written commitment guaranteeing capacity (on a daily basis and annual basis) for the Solid Waste Collected under the terms of the Collection Service Agreement; · Describe any expansion plans, including additional capacity to be constructed, schedule for expansion, and permitting status of the expansion plan needed to insure the guaranteed capacity; · List any import restrictions, taxes, or fees that will be aPplicable to the receipt of the City's waste stream; · Describe the ability of the host jurisdiction or state to increase or levy taxes, host fees, or other fees and whether proposer will indemnify City against any such increases; · Discuss any applicable import restrictions on accepting Solid Waste from outside of the local jurisdiction, describe the process to have the import restriction waived; and · Provide a written commitment to indemnify the City against all events in connection with or related to the Contractor's provision of Disposal Services, as described in the Disposal Service Agreement located in Section 6 of the RFP. Discuss the financial mechanisms that are in place at this time to effectively indemnify site users. Violations History. The Proposer must provide a history for the last five (5) years of all claims settlements, arbitrations, litigation proceedings, and civil actions involving $10,000 or more, and all criminal legal actions in which the company, its parent company, subsidiaries, all partners, or principals were involved. For each case, the Proposer must provide the following: i. The name of the claim, arbitration, litigation or action; ii. The amount at issue or the criminal charges alleged; and iii.The resolution of the case. The Proposer must also provide details of any current or threatened legal actions in California against the Proposer or its parent company, subsidiaries, all partners, principals, or joint venture company(ies) by a governmental entity contracting with the Proposer or its parent company for services relating to solid waste management, or against such a government entity by the Proposer or its parent company or joint venture company(ies). For each action, the Proposer must provide the following: i. The name of the action; ii. The court in which the action is pending; iii.The action number; and iv. The amount at issue. Page 4-9 Section 4 35O 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 37O 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 The Proposer shall provide a list of all enforcement actions taken against it during the last five (5) years by any regulatory agency such as, but not 'limited to, the United States Environmental Protection Agency or a Local Enforcement Agency under the California Integrated Waste Management Act. The list shall include the name of the regulatory agency and the date of the enforcement action. The Proposer shall inform the City if it has had a permit, franchise, license, entitlements or business licenses that have been revoked or suspended in the last five (5) years. The Proposer must list any claims against a Bid or Performance Bond and the results and failure to receive a Bid or Performance Bond, or any contractual defaults or termination in the last fifteen (15) years. The Proposer shall submit copies of all notices of violations, corrective action notices, enforcement actions or orders, warning notices, or other forms of permit violation/non-compliance documentation that they have received in the past five (5) years from public agencies for vehicles and other equipment, and vehicle staging, maintenance, processing, composting, transfer, and disposal facilities in California, which are owned or operated by the proposer, its parent company and/or subsidiaries. The Proposer shall provide a list of the liquidated damages they have paid in California during the last five (5) years, the name of the jurisdiction to which damages where paid, and the event(s) which triggered the damages. k) Appendix I) Proposal Alternatives and Exceptions. Proposers should include information related to proposal exceptions and alternatives. m) Additional Information. Proposers may provide any additional information that they believe to be applicable to this proposal in this section of the Appendix. 4.5 Proposal Exceptions and Alternatives Proposers may submit exceptions and alternatives to the services listed in this RFP to the extent that such exception or alternative is an improvement in service or price. If exceptions or alternatives are presented, the exception or alternative shall be included as the first item in the Appendix section of the proposal and shall contain the price of the exception or alternative and shall include substitute or new Agreement language necessary for inclusion in the Collection Service Agreement and/or the Disposal Service Agreement. Page 4 - 10 City of Dublin Proposal Preparation Instructions 387 388 389 390 391 392 393 394 395 396 397 398 399 4OO 401 402 4O3 4O4 4O5 406 4O7 4O8 409 410 411 412 413 414 415 416 417 418 419 42O 421 422 423 424 4.6 Evaluation of Proposal A panel of City of Dublin staff members and such other parties as the City deems necessary, (the Evaluation Team) will review all proposals submitted and select the proposal(s) that most meet the City's requirements as specified in the RFP. The City may request, at its sole option, presentations or interviews from selected proposers. The proposals will be evaluated based on the following criteria: · Overall responsiveness to the RFP and submittal criteria · Proposers experience and qualifications o Overall experience o References o Financial stability · Adequacy and completeness of the technical proposal o Collection Services · Transition Plan · Customer Service Plan · Diversion Plan · Education Plan · Processing Plans · Operations Plan · Violation History o Disposal Services · Operations Plan · Capacity Guarantee · Required Expansion · Facility Location · Violation History · Exceptions and Alternatives · Proposed costs (Weighting process to be determined by City Council) The criteria are not in order of ranking or weighting. Once the Evaluation Team has completed their ranking, the raw scores from each member will be collected and maintained by the City Clerk. Each City Council member will then be asked to weight the five (5) evaluation criteria set forth above at a regularly scheduled Council meeting. Those weights will be averaged for each criterion and the weightir~g factor applied to the raw scores provided by the Evaluation Team. The weighted score will then be calculated and provided to the Council along with the recommendations of the Evaluation Team. Page 4-11 Section 4 425 426 427 428 429 43O 431 432 433 Proposers should note that while the cost evaluation factor is only one of several evaluation elements, and the actual weight to be assigned to it by the City will not be determined until the Evaluation Team has completed their evaluation, the City strongly seeks to reduce the cost to their customers for Collection Services and Disposal Services while improving the quality of service. The City may request "Best and Final" offers based on improved understanding of the offers or changes in the scope of services to be provided. The City, at its sole option, will select the proposal(s) which best fulfills the requirements and provides the best value to the City and its residents. Page 4 - 12 City of Dublin Section 5 CollectiOn Service Agreement 1 5.0 Collection Service Agreement The following is the Draft Collection Service Agreement that will be finalized and executed between the City and the selected Contractor. Page 5-1 Section 5 4 This page intentionally left blank. Page 5 - 2 City of Dublin Collection Service Agreement 5 6 7 8 9 10 11 12 13 14 15 16 17 DRAFT AGREEMENT FOR THE PROVISION OF COLLECTION SERVICES Executed Between the City of Dublin and This (Contractor) day of Page 5-3 Section 5 18 This page intentionally left blank. Page 5 - 4 City of Dublin Collection Service Agreement 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 COVER TABLE OF CONTENTS .................................................................................. TABLE OF CONTENTS Collection Service Agreement .5-3 ..5-5 5-8 Article 1. Article 2. Article 3. Article 4. Article 5. Article 6. Article 7. Article 8. Article 9. Article 10. Article 11. Article 12. Article 13. Article 14. Article 15. Article 16. Article 17. Article 18. Article 19 Article 20 Article 21. Article 22. Article 23. Article 24. Article 25. Article 25. Article 27. Article 28. Article 29. Article 30. Article 31. Article 32. Article 33. Article 34. Article 35. Article 36. Article 37. Article 38. Article 39. Article 40. Definitions ........................................................................ ,.- ......... Term of Agreement .......................................................... : ....... 5-17 Services Provided by the Contractor ........................................ 5-17 Service Billing and Collection ................................................... 5-28 Compensation and Rates ........................................................ 5-30 Diversion Requirements ........................................................... 5-33 5-33 Service Units .................................................................. :, ........ SFD Collection Services .......................................................... 5-34 MFD Collection Services ......................................................... 5-37 Commercial Collection Services ........................................... 5-40 .5-41 City Collection Services .................................................. ~ ....... Collection Routes ............................................................ i ........ 5-44 Minimum Performance and Diversion Standards ............ i ........ 5-44 Collection Equipment ............................................................... 5-45 Contractor's Office ................................................................... 5-48 Other Services ......................................................................... 5-49 Emergency Service Provisions ................................................ 5-51 Record Keeping and Reporting Requirements ......................... 5-52 Nondiscrimination .................................................................... 5-55 Worker Retention ..................................................................... 5-55 Service Inquiries and Complaints .................................... "- ........ 5-56 Quality of Performance of Contactor ........................................ 5-56 Performance Bond ................................................................... 5260 Insurance ................................................................................. 5-61 Indemnification ........................................................................ 5-63 Default of Contractor ...................................................... :,- ........ 5-65 Modifications to the Agreement ............................................ ~... 5-67 Legal Representation ............................................................... 5-68 Financial interest ..................................................................... 5-68 Contractor's Personnel .................................................. ,-, ......... 5-68 Exempt Waste ......................................................................... 5-69 Independent Contractor ........................................................... 5-69 5-69 Laws to Govern ............................................................. : ......... Consent to Jurisdiction ............................................................ 5-69 Assignment .......................................................... : ................... 5-70 Compliance with Laws .: ........................................................... 5-70 Permits and Licenses .............................................................. 5-71 Ownership of Written Materials ...................................... . .......... 5-71 Waiver ..................................................................................... 5-71 Prohibition Against Gifts ................................................. ' .......... 5-71 Page 5 - 5 Section 5 63 64 65 66 67 68 69 7O 71 72 73 74 75 76 77 78 79 8O Article 41. Article 43. Article 43. Article 44. Article 45. Article 46. Article 47. Article 48. Article 49. Article 50. Article 51. Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Point of Contact ....................................................................... 5-71 Notices .................................................................................... -5-71 Transition to Next Contractor ................................................... 5-72 Contractor's Records ............................................................... 5-73 Entire Agreement .................................................................... 5-73 Severability ............................................................................. 5-73 Right to Require Performance ................................................. 5-74 All Prior Contracts Superseded ............................................... 5-74 Headings ................................................................................. 5-74 Exhibits ................................................................................... 5-74 Effective Date .......................................................................... 5-74 Compensation and Rates ........................................................ 5-78 Compensation Adjustment Model ............................................ 5-83 City Service Units .................................................................... 5-88 Collection Service Performance Bond ............ .' ........................ 5-89 Approved Subcontractors ........................................................ 5-90 City Sponsored Events ............................................................ 5-91 Page 5 - 6 City of Dublin Collection Service Agreement 8O 81 82 83 84 CITY OF DUBLIN This Agreement made and entered into this day of , 20__, by and between the City of Dublin, a municipal corporation of the State of California, hereinafter referred to as "CITY" and , a California corporation, hereinafter referred to as "CONTRACTOR". RECITALS 85 86 WHEREAS; the Legislature of the State of California, by enactment of the 87 California Integrated Waste Management Act of 1989 ("Act") and subsequent 88 additions and amendments (codified at California Public Resources Code 89 Section 40000 et seq.), has declared that it is in the public interest to authorize 90 and require local agencies to make adequate provisions for Solid Waste 91 Collection within their jurisdiction; and, 92 WHEREAS; the State of California has found and declared that the amount of 93 Solid Waste generated in California, coupled with diminishing landfill space and 94 potential adverse environmental impacts from land filling and the need to 95 conserve natural resources, have created an urgent need for State and local 96 agencies to enact and implement an aggressive integrated waste management 97 program. The State has, through enactment of the Act, directed the responsible 98 State agency, and all local agencies, to promote disposal site diversion and to 99 maximize the use of feasible Solid Waste reduction, re-use, recycling, and 100 composting options in order to reduce the amount of Solid Waste that must be 101 disposed of in disposal sites; and, 102 WHEREAS; the City finds that the voters of Alameda County, through the 103 Alameda County Source Reduction and Recycling Plan required by the Waste 104 Reduction and Recycling Act of 1990 (Measure D), have adopted a policy goal to 105 reduce the total quantity of Solid Waste landfilled in Alameda County by diverting 106 seventy five percent (75%) of the materials generated in Alameda County from 107 landfills by 2010; and 108 WHEREAS; under Chapter 5.32.130 of the City's Municipal Code, the City has 109 the authority to issue an exclusive franchise to a Contractor to provide for the 110 Collection of Solid Waste and Organic Materials; and 111 WHEREAS; pursuant to California Public Resources Code Section 40{359(a) as 112 may be amended from time to time, the City has determined that the public 113 health, safety, and well-being require that an exclusive right be awarded to a 114 qualified Contractor to provide for the Collection of Solid Waste, Recyclable 115 Materials, and Organic Materials, except for Collection of materials excluded in 116 the City's Municipal Code, and other servmes related to meeting the Act's 50% 117 Diversion goal and other requirements of the Act; and, 118 WHEREAS; the City further declares its intent to regulate Contractor's 119 compensation and set the rates Contractor will charge customers for the Page 5-7 Section 5 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 Collection, transportation, processing, recycling, composting, and/or disposal of Solid Waste, Recyclable Materials, Organic Materials; and WHEREAS; the City Council has determined through a competitive procurement process for Collection Services that Contractor, by demonstrated experience, reputation and capacity, is qualified to provide for the Collection of Solid Waste, Recyclables Materials, and Organic Materials within the corporate limits of the City, the transportation of such material to appropriate places of processing, recycling, composting and/or disposal; and City Council desires that Contractor be engaged to perform such services on the basis set forth in this Agreement; and WHEREAS; the Contractor, through its proposal to the City, has proposed and represented that it has the ability and capacity to provide for the Collection of Solid Waste, Recyclables Materials, and Organic Materials within the corporate limits of the City; the transportation of such material to appropriate places of processing, recycling, composting and/or disposal; and the processing of materials; and WHEREAS, this Agreement has been developed by and is satisfactory to the City and the Contractor, Now, therefore, in consideration of the mutual covenants, conditions and consideration contained herein, the CITY and CONTRACTOR hereby agree as hereinafter set forth: ARTICLE 1. Definitions For the purpose of this Collection Service Agreement, hereinafter referred to as "Agreement", the definitions contained in this Article shall apply unless otherwise specifically stated. If a word or phrase is not defined in this Article, the definition of such word or phrase as contained in Chapter 5.32 of the Dublin Municipal Code shall control. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Use of the masculine gender shall include the feminine gender. 1.01 AB 939. The California Integrated Waste Management Act (California Public Resources Code Sections 40000 et al.), as amended from time to time. 1.02 Agreement. The written document and all amendments thereto, between the CITY and the CONTRACTOR, governing the provision of Collection Services as provided herein. 1.03 Agreement Year. Each twelve (12) month period from July 1 to June 30 beginning July 1, 2005. 1.04 Alternative Daily Cover (ADC). Disposal Facility cover material, other than Organic Waste and at least six (6) inches of earthen material, placed Page 5 - 8 City of Dublin Collection Service Agreement 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 on the surface of the active face of the refuse fill area at the end of each operating day to control vectors, fires, odor, blowing litter, and scavenging as defined in Section 20164 of the California Code of Regulations. 1.05 Biohazardous or Biomedical Waste. Any waste which may cause disease or reasonably be suspected of harboring pathogenic organisms; included are waste resulting from the operation of medical clinics, hospitals, and other facilities processing wastes which may consist of, but are not limited to, human and animal pads, contaminated bandages, pathological specimens, hypodermic needles, sharps, contaminated clothing and surgical gloves. 1.06 Brown Goods. Electronic equipment such as stereos, televisions, computers, VCR's, PDA's telephones, and other similar items not containing cathode ray tubes (CRTs). 1.07 Business Service Unit. All retail, professional, wholesale and industrial facilities, and other commercial enterprises offering goods or services to the public. 1.08 CITY. The City of Dublin, California. 1.09 City Collection Service. City Solid Waste Collection Service, City Recycling Service, City Organic Waste Collection Service, Large Item Collection Service, Neighborhood Cleanup Service, and Special Event Collection Service. 1.10 City Organic Waste Collection Service. The Collection of Organic Waste, by the CONTRACTOR, from City Service Units in the Service Area and the delivery of that Organic Waste to the Organics Processing Facility. 1.11 City Recycling Service. The Collection of Recyclable Materials, by the CONTRACTOR, from City Service Units in the Service Area and the delivery of those Recyclable Materials to a Materials Recycling Facility. 1.12 City Representative. That person, or their designee, designated by the CITY to administer and monitor the provisions of this Agreement 1.13 City Service Unit. Those CITY properties or locations as:set forth in Exhibit 3, "City Service Units", which is attached to and included in this Agreement. 1.14 City Waste. Solid Waste, Green Waste, Organic Waste and Large Items. 1.15 City Solid Waste Collection Service. The Collection of Solid Waste by the CONTRACTOR, from City Service Units in the Service Area, and the delivery of that Solid Waste to a Disposal Facility. 1.16 Collection. The process whereby Residential Waste, Commercial Waste, City Waste and Recyclable Materials are removed and transp0ded to a Disposal Facility, Organics Processing Facility, Green Waste Processing Facility or Materials Recovery Facility as appropriate. ? Page 5-9 Section 5 199 2O0 201 202 2O3 2O4 205 2O6 2O7 2O8 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 23O 231 232 233 234 235 236 237 238 239 1.17 Collection Services. SFD Collection Service, MFD Collection Service, City Collection Service and Commercial Collection Service. 1.18 Commercial Collection Service. Commercial Solid Waste Collection Service, Commercial Recycling Service, and Commercial Organic Collection Service. 1.19 Commercial Orqanic Collection Service. The Collection of Commercial Organic Waste from Commercial Service Units and Commercial Organic Service Units and the delivery of the Commercial Organic Waste to the Organics Processing Facility. 1.20 Commercial Orqanic Service Unit. Commercial Organic generators who are not Commercial Service Units, such as government facilities including but not limited to Parks Reserves Forces Training Area and Santa Rita Jail, and all schools both public and private in the Service Area. 1.21 Commercial Orqanic Waste. Food scraps and trimmings from food preparation, including but not limited to; fruit and vegetable waste, grain waste, dairy waste, stable matter, meat and fish waste, and such items as non- recyclable or contaminated paper such as pizza boxes, take-out food cartons (cardboard), paper towels, waxed cardboard, wooden packaging such as crates and untreated and unpainted wallboard, etc. that are separated at the source of generation for inclusion in the Commercial Organic Collection Service program. 1.22 Commercial Recyclin.q Service. The Collection of Recyclable Materials, by the CONTRACTOR, from Commercial Service Units in the Service Area, the delivery of those Recyclable Materials to a Materials Recovery Facility and the processing and marketing of those Recyclable Materials. 1.23 Commercial Service Unit. Business Service Units, and Mixed Use Dwellings that utilize a Garbage cart or Bin for the accumulation and set-out of Solid Waste. 1.24 Commercial Solid Waste Collection Service. The Collection of Solid Waste by the CONTRACTOR, from Commercial Service Units in the Service Area and the delivery of that Solid Waste to a Disposal Facility. 1.25 Commercial Waste. Solid Waste and Commercial Organic Waste generated by and at a Commercial Service Unit. 1.26 Compactor. Any Roll-Off Container or bin which has a compaction mechanism, whether stationary or mobile. 1.27 Compostin,q. The controlled biological decomposition of Organic Waste into a specific mixture of decayed organic matter used for fertilizing or soil conditioning. 1.28 Construction and Demolition Debris. Used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair or demolition operations on any pavement, house, commercial building, or other structure and such other materials as may Page 5 - 10 City of Dublin Collection Service Agreement . 24O 241 242 243 244 245 246 247 248 249 25O 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 28O be removed during the normal cleanup process of such construction, remodeling, repair, or demolition operations. 1.29 Construction and Demolition Debris Collection Service. The Collection of Construction and Demolition Debris by a person or company that holds a valid non-exclusive Construction and Demolition Debris Franchise from the CITY and the delivery of that material to the appropriate facility. 1.30 CONTRACTOR. That person or entity that has obtained from the CITY an Agreement to provide Collection ServiCes as set forth herein. 1.31 County. Alameda County, California. 1.32 Disposal Services. The final processing and dispoSition of materials Collected under the terms of this Agreement. 1.33 Disposal ContractOr. The entity who has obtained from the CITY an Agreement to Provide DispoSal Services. 1.34 Disposal Facility. The ?? Disposal Site owned by ??, I°Cated in ?? County or such place or places specifically designated by the CITY for the diSposal, or processing as appropriate, of Solid Waste and other materials as appropriate. 1.35 Dwellinq Unit. Any individual living unit in a single family dwelling (SFD) or multi-family dwelling (MFD) structure or building intended for, or'capable of being Utilized for, residential living other than a Hotel or Motel. 1.36 E"Waste. Discarded electronics equipment such as cell;phones, computers, monitors, televisions, and other items containing cathode ray tubes (CRTs). 1.37 Exempt Waste. Biohazardous or Biomedical Waste, Hazardous Waste, Household Hazardous Waste, Sludge, Green Waste or lumber that is more than five (5) feet in length in its longest dimension or two (2) feet in diameter, soil and dirt, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid batteries, and those wastes under the control of the Nuclear Regulatory Commission. Exempt Waste does not include Used Oil, Used Oil Filters, or household batteries when placed for Collection as Set forth in this Agreement or as otherwise directed by the CITY. 1.38 Garbage. All putrescible waste which generally includes but is not limited to kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with, or results from the storage, preparation, cooking or handling of food materials attributed to normal activities of a ServiCe Unit. Garbage must be generated by and at the Service Unit wherein the Garbage is Collected. Garbage does not include those items defined herein as Residential Organic Waste, Commercial Organic Waste or Exempt Waste. 1.39 Garbaqe Bin. A metal or plastic container, with a capaciiy of one (1) cubic yard up t© and including eight (8) cubic yards, designed or intended to be mechanically dumped into a loader packer type garbage truck, that is Page 5 - 11 Section 5 281 282 283 284 285 286 287 288 289 29O 291 292 293 294 295 296 297 298 299 3OO 301 3O2 303 304 3O5 306 3O7 3O8 309 310 311 312 313 314 315 316 317 318 319 32O 321 322 approved for such purpose by the CITY. Garbage Bins may also include Compactors that are owned by the MFD or Commercial Service Unit wherein the MFD or Commercial Collection Service occurs. 1.40 Garbage Carts. A heavy plastic receptacle with a rated capacity of at least thirty-two (32) and not more than ninety-six (96) gallons, having a hinged tight-fitting lid and wheels, that is approved by the City Representative for use by Service Recipients for Collection Services under this Agreement. 1.41 Green Waste. Any vegetative matter resulting from normal yard and landscaping maintenance that is not more than three (3) feet in its longest dimension or six (6) inches in diameter and fits in the Organic Waste Cart utilized by the Service Recipient. Green Waste includes plant debris, such as Palm, Yucca and Cactus, grass clippings, leaves, pruning, weeds, branches, brush, Christmas trees, and other forms of organic waste and must be generated by and at the Service Unit wherein the Green Waste is Collected. Green Waste does not include items herein defined as Exempt Waste. 1.42 Green Waste Processing Facility. Any facility, selected by the CONTRACTOR and approved by the CITY, or specifically designated by the CITY, that is designed, operated and legally permitted for the purpose of receiving, and processing Green Waste and Large Green Waste. 1.43 Hazardous Waste. Any material which is defined as a hazardous waste under California or United States law or any regulations promulgated pursuant to such law, as such law or regulations may be amended from time to time. 1.44 Household Hazardous Waste. Any Hazardous Waste generated at an SFD or MFD Service Unit. 1.45 Hotel or Motel. A structure or building unit(s) capable of being utilized for residential living where such unit or a group of such units is regularly rented to transients or held out or advertised to the public as a place regularly rented to transients for periods of seven (7) days or less. To meet this definition, the Hotel or Motel must be licensed to operate as such. 1.46 Lar,qe Items. Those materials including furniture; carpets; mattresses; White Goods; Brown Goods; E-Waste; clothing; tires without rims; Large Green Waste; or some combination of such items in a container the dimensions of which container does not exceed four feet by four feet by two feet (4'x4'x2') and weighing no more than sixty (60) pounds, which are attributed to the normal activities of a SFD, MFD, or City Service Unit. Large Items must be generated by and at the Service Unit wherein the Large Items are Collected. Large Items do not include items herein defined as Exempt Waste. 1.47 Large Green Waste. Oversized Green Waste such as tree trunks and branches with a diameter of not less than six (6) inches and not more than two (2) feet and a length of not more than five (5) feet in its longest dimension, which are attributed to the normal activities of a SFD, MFD, or City Service Unit. Page 5 - 12 City of Dublin Collection Service Agreement 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 34O 341 342 343 344 345 346 347 348 349 35O 351 352 353 354 355 356 357 358 359 360 361 362 Large Green Waste must be generated by and at the Service Unit wherein the Large Green Waste is Collected. 1.48 Large Item Collection Service. The periodic on-call Collection of Large Items, by the CONTRACTOR, from Service Units in the Service Area and the delivery of those Large Items to a Disposal Facility, Materials Recovery Facility, Green Waste Processing Facility or such other facility as may be appropriate under the terms of this Agreement. Large Item Collection Service does not include the Collection of Large Items through the use of Roll-Off Containers. 1.49 Materials Recovery Facility (MRF). Any facility, selected by the CONTRACTOR and approved by the CITY, or specifically designated by the CITY, designed, operated, and legally permitted for the purpose of receiving, sorting, processing, storing, or preparing Recyclable Materials for sale. 1.50 MFD Collection Service. MFD Solid Waste Collection Service, MFD Recycling Service, Large Item Collection Service, and Used Oil Collection Service. 1.51 MFD Recycling Service. The Collection of Recyclable Materials, by the CONTRACTOR, from MFD Service Units in the Service Area, th8 delivery of those Recyclable Materials to a Materials Recovery Facility and the processing and marketing of those Recyclable Materials. 1.52 MFD Service Unit. Any combination of Dwelling Units in the Service Area utilizing a common Garbage Bin for the accumulation and Set-out of Solid Waste. 1.53 MFD Solid Waste Collection Service. The Collection of Solid Waste, by the CONTRACTOR, from MFD Service Units in the Service Area and the delivery of that Solid Waste to a Disposal Facility. 1.54 Minimum SFD Collection Service. The CITY mandatory service level for SFD Service Units whose costs are collected by the CITY on the annual property tax bill. 1.55 Mixed Use Dwellinq. A building or structure which contains at least one (1) Business Service Unit and at least one (1) Dwelling Unit and utilizes a common Garbage Bin or Garbage Cart for the accumula'tion and Collection of Solid Waste. 1.56 Neighborhood Cleanup Service. The periodic Collection ~of Large Items and Green Waste using Roll-Off Containers by the CONTRACTOR resulting from CITY sponsored special clean-up program events. Such Collection by the CONTRACTOR shall be limited to the equivalent of four hundrsd eighty (480) cubic yards in any Agreement Year. 1.57 Non-Collection Notice. A form developed and used: by the CONTRACTOR, as approved by the CITY, to notify Service Recipients of the Page 5-13 Section 5 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 38O 381 382 383 384 385 386 387 388 389 39O 391 392 393 394 395 396 397 398 399 40O 401 4O2 4O3 4O4 reason for non-collection of materials, set out by the Service Recipient for Collection by CONTRACTOR pursuant to this Agreement. 1.58 Or.qanic Waste. Commercial Organic Waste and Residential Organic Waste. 1.59 Organic Waste Cart. A heavy plastic receptacle with a rated capacity not exceeding ninety-six (96) gallons, having a hinged tight-fitting lid, and wheels, that is approved for such purpose by the CITY and is appropriately labeled as an Organic Waste Cart. 1.60 Organic Waste Processinq Facility. Any facility, selected by the CONTRACTOR and approved by the CITY, or specifically designated by the CITY, designed, operated, and legally permitted for the purpose of receiving, sorting, processing, storing, or preparing Organic Waste for sale. 1.61 Recyclable Materials. Those materials which are capable of being recycled and which would otherwise be processed or disposed of as Solid Waste. Recyclable Materials include those materials defined by the CITY, including newsprint (including inserts); mixed paper (including magazines, catalogs, envelopes, junk mail, corrugated cardboard, brown bags and paper, paperboard, paper egg cartons, office ledger paper, and telephone books); glass containers; aluminum beverage containers; small scrap and cast aluminum (not exceeding forty (40) pounds in weight nor two (2) feet in any dimension for any single item); steel including "tin" cans, aerosol cans (empty, non-toxic products) and small scrap (not exceeding forty (40) pounds in weight nor two (2) feet in any dimension for any single item); bimetal containers; plastic bottles (#1-7); aluminum foil and pans; dry cell household batteries when contained in a sealed heavy-duty plastic bag; and those materials added by the CONTRACTOR from time to time. 1.62 Recycling Bin. A plastic or metal container, with a capacity of one (1) cubic yard up to and including eight (8) cubic yards, designed or intended to be mechanically dumped into a loader packer type recycling truck, that is approved for such purpose by the CITY and is appropriately labeled as a Recycling Bin. 1.63 Recycling Cart. A heavy plastic receptacle with a rated capacity of at least thirty-two (32) gallons and not more than ninety-six (96) gallons, having a hinged tight-fitting lid, and wheels, that is approved for such purpose by the CITY and is appropriately labeled as a Recycling Cart. 1.64 Residential Orqanic Waste. Green Waste, food scraps and trimmings from food preparation, fruit and vegetable waste, stable matter, contaminated paper such as pizza boxes, take-out food cartons (cardboard), paper towels, etc. that are separated at the source of generation for inclusion in the SFD Organic Collection Service program. 1.65 Residential Waste. Solid Waste, Green Waste, Residential Organic Waste, Large Items, Used Oil, and Used Oil Filters resulting from the Page 5 - 14 City of Dublin 405 4O6 407 4O8 409 410 411 412 413 414 415 416 417 418 419 42O 421 422 423 424 425 426 427 428 429 43O 431 432 433 434 435 436 437 438 439 44O 441 442 443 444 445 Collection Service Agreement normal activities of a SFD or MFD Service Unit. Residential Waste must be generated by and at the SFD or MFD Service Unit wherein the Residential Waste is Collected and does not include items defined herein as Exempt Waste. 1.66 Roll-Off Container. A metal container that is normally loaded onto a motor vehicle and transported to an appropriate facility. 1.67 Rubbish. All refuse, accumulation of paper, excesior, rags, wooden boxes and containers, sweep-ups and all other accumulations of a nature other than Garbage and Organic Waste, resulting from the' normal activities of a Service Unit. Rubbish must be generated by and at the Service Unit wherein the Rubbish is Collected. Rubbish does not include item,s herein defined as Exempt Waste. Service Area. That area within the corporate limits of the City of 1.68 Dublin. 1.69 Service. Service Recipient. An individual or company receiving C'ollection 1.70 Service Unit. SFD Service Units, MFD Service Units, City Service Units, Commercial Service Units or Commercial Organic Service Units. 1.71 SFD Collection Service. SFD Solid Waste Collection Service, SFD Recycling Service, SFD Organic Collection Service, Large Item Collection Service, and Used Oil Collection Service. 1.72 SFD or.qaniC ColleCti°n service. The COllection of Residential Organic Waste by the CONTRACTOR from SFD Service Units in the Service Area, the delivery of that Residential Organic Waste to an Organic Waste Processing Facility and the processing and marketing of that Residential Organic Waste. 1.73 SFD Recycling Service. The Collection of Recyclable Materials by the CONTRACTOR from SFD Service Units in the Service Area, the delivery of those Recyclable Materials to a Materials Recovery Facility and the processing and marketing of those Recyclable Materials. 1.74 SFD Solid Waste Collection Service. The Collection of Solid Waste, by the CONTRACTOR, from SFD Service Units in the Service Area and the delivery of that Solid Waste to a Disposal Facility. 1.75 SFD Service Unit. Any Dwelling Unit in the Service Area Utilizing a Garbage Cart, or any combination of Dwelling units sharing Garbage Carts, for the accumulation and set out of Solid Waste. 1.76 Sludge. The accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar disposal appurtenances or any other such waste having similar characteristics or effects. page 5-15 Section 5 446 447 448 449 45O 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 48O 481 482 483 484 485 486 1.77 Special Event Collection Service. The Collection of Solid Waste, Recyclable Materials and other materials as appropriate at City-sponsored special events. 1.78 Solid Waste. Garbage and Rubbish resulting from the normal activities of a Service Unit. Solid Waste must be generated by and at the Service Unit wherein the Solid Waste is Collected and does not include items defined herein as Exempt Waste. 1.79 Stable Matter. Manure and other waste matter normally accumulated and stables or in livestock or poultry enclosures. 1.80 Used Oil. Any oil that has been refined from crude oil or has been synthetically produced, and is no longer useful to the Service Recipient because of extended storage, spillage or contamination with non-hazardous impurities such as dirt or water; or has been used and as a result of such use has been contaminated with physical or chemical impurities. Used Oil must be generated by and at the SFD or MFD Service Unit wherein the Used Oil is Collected. Used Oil does not include transmission fluid. 1.81 Used Oil Collection Service. The Collection of Used Oil in Used Oil Containers and Used Oil Filters in Used Oil Filter Containers, by the CONTRACTOR, from Service Units in the Service Area utilizing Used Oil and Filter Containers for the accumulation and set-out of Used Oil and Used Oil Filters and the appropriate disposition of the Used Oil and Used Oil Filters in accordance with the requirements of this Agreement. 1.82 Used Oil Container. A plain copoly container provided by the CONTRACTOR for the accumulation of Used Oil that is at least four (4) quarts in capacity, leak-proof, has a screw-on lid and has a label designating it for use as a Used Oil Container. 1.83 Used Oil Filter. Any oil filter that is no longer useful to the Service Recipient because of extended storage, spillage or contamination with non- hazardous impurities such as dirt or water; or has been used and as a result of such use has been contaminated with physical or chemical impurities. Used Oil Filters must be generated by and at the SFD or MFD Service Unit wherein the Used Oil Filter is Collected. 1.84 Used Oil Filter Container. A six (6) mil poly bag with double track seal with dimensions of at least fourteen and one-half (14.5) inches by eight (8) inches with a one and one-quarter (1 ¼ ) inch diameter hole above the seal provided by the CONTRACTOR for the accumulation of Used Oil Filters that has a label designating it for use as a Used Oil Filter Container. 1.85 White Goods. Discarded refrigerators, ranges, water heaters, freezers, and other similar household appliances. 1.86 Work Day. Any day, Monday through Saturday that is not a holiday as set forth in Section 3.09 of this Agreement. Page 5 - 16 City of Dublin Collection Service Agreement 487 488 489 49O 491 492 493 494 495 496 497 498 499 5OO 501 5O2 5O3 5O4 5O5 5O6 5O7 5O8 5O9 510 511 512 513 514 515 516 517 518 519 52O 521 522 523 524 525 526 527 ARTICLE 2. Term of Agreement 2.01 Initial Term. The initial term of this Agreement shall 'be for a seven (7) year period beginning July 1, 2005 and terminating on June 30, 2012. 2.02 Extension of Term. The CITY shall have the sole option to extend this Agreement for one (1) additional three (3) year period. Provided the City Manager determines that the CONTRACTOR has met the minimum performance and diversion requirements, as set forth Article 13, the CITY may elect to exercise this option by giving written notice to CONTRACTOR on or about July 1,2011. If the term of this Agreement is extended, the compensation provisions of Article 5 shall not be subject to negotiation. However, the compensation payable to CONTRACTOR shall be adjusted annually throughout the extended term as provided in Article 5. 2.03 Voidinq of Extensions. In the event CONTRACTOR fails to meet the minimum service and diversion requirements set forth in Article 13, CONTRACTOR understands and agrees that the service extension set forth in Section 2.02 above is voided and that this Agreement shall terminate on June 30, 2012 as set forth in Section 2.01 of this Agreement. 2.04 Other Provisions. The CITY may, at the end of the initial Agreement term or optional extended term, as appropriate, either renegotiate the terms and conditions of the Agreement with the current CONTRACTOR or request proposals from qualified contractors to provide Collection Services. ARTICLE 3. Services Provided by the Contractor 3.01 Grant of Exclusive Agreement. Except as otherwise provided in this Agreement, the CONTRACTOR is herein granted an exclusive Agreement to provide Collection Services within the Service Area. No other solid waste or recycling services shall be exclusive to the CONTRACTOR. 3.02 Limitations to Scope of ExclusiveAqreement 3.02.1 Recyclable Materials or Large Items that are source separated (as defined in Dublin Municipal Code 5.32.040) from Solid Waste by Service Units, for which the waste generator sells or is otherwise compensated by a collector in a manner resulting in a net payment to the waste generator when such collector is permitted under Chapter 5.32 of the CITY Municipal Code; 3.02.2 Solid Waste, Recyclable Materials, Large Items or Organic Waste, which is removed from any SFD Service Unit, MFD Service Unit, Commercial Service Unit, or City Service Unit and which is transported personally by the owner or occupant of such premises (or by his or her full-time employees) to a processing or disposal facility; 3.02.3 Recyclable Materials, Organic Waste or Large Items which are source separated at any premises by the waste generator and donated to youth, civic or charitable organizations; page 5- 17 Section 5 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 56O 561 562 563 564 565 566 567 568 3.02.4 Containers delivered for Recycling under the California Beverage Container Recycling Letter Reduction Act, Section 14500, et seq. 3.02.5 Green Waste removed from a premises by a gardening, landscaping, or tree trimming company as an incidental part of a total service offered by that company rather than as a hauling service; 3.02.6 Materials that are not defined herein as Recyclable Materials but which are collected for Recycling by a collector who is permitted pursuant to Chapter 5.32 of the CITY Municipal Code. 3.02.7 Construction and Demolition Debris Collection Service; 3.02.8 Large Items removed from a premises by a property cleanup or maintenance company as an incidental part of the total cleanup or maintenance service offered by the company rather than as a hauling service; 3.02.9 Animal waste and remains from slaughterhouse or butcher shops for use as tallow; 3.02.10 By-products of sewage treatment, including sludge, ash, grit and screenings; and 3.02.11 Hazardous waste and designated waste regardless of its source. 3.02.12 Residential Waste, Commercial Waste, City Waste or Recyclable Materials that are removed from a premises by a company through the performance of a service that the CONTRACTOR has elected not to provide. 3.02.13 Materials generated by County, State and Federal Facilities. 3.03 CONTRACTOR acknowledges and agrees that the CITY may permit other persons besides the CONTRACTOR to Collect any and all types of materials excluded from the scope of this Agreement, as set forth above, without seeking or obtaining approval of CONTRACTOR. If CONTRACTOR can produce evidence that other persons are servicing Collection containers or are Collecting Solid Waste, Recyclable Materials, Large Items and/or Organic Waste in a manner that is not consistent with the CITY'S Municipal Code or this Agreement, it shall report the location, the name and phone number of the person or company to the CITY along with CONTRACTOR'S evidence of the violation of the exclusiveness of this Agreement. 3.03.1 The scope of this Agreement shall be interpreted to be consistent with applicable law, now and during the term of the Agreement. If future judicial interpretations of current law or new laws, regulations, or judicial interpretations limit the ability of the CITY to lawfully provide for the scope of Page 5 - 18 City of Dublin Collection Service Agreement 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 59O 591 592 593 594 595 596 597 598 599 6OO 601 6O2 603 6O4 6O5 606 607 6O8 6O9 services as specifically set forth herein, CONTRACTOR agrees that the scope of the Agreement will be limited to those services and materials which ~may be lawfully provided and that the CITY shall not be responsible for any lost profits or losses claimed by CONTRACTOR to arise out of limitations of the scope of the Agreement set forth herein. In such an event, it shall be the responsibility of CONTRACTOR to minimize the financial impact of such future judicial interpretations or new laws. 3.04 Service Standards. CONTRACTOR shall perform all Cbllection Services under this Agreement in a thorough and professional manner. Collection Services described in this Agreement shall be performed regardless of weather conditions or difficulty of Collection. 3.05 Hours and Days of Collection. 3.05.1 SFD and MFD Collection Services shall be provided, commencing no earlier than 6:00 a.m. and terminating no later than 6:00 p.m., Monday through Friday with no service on Saturday (except for holiday service as set forth in Section 3.09 of this Agreement) or Sunday. The hours, days, or both of Collection may be extended due to extraordinary circumstances or conditions with the prior written consent of the City Representative. 3.05.2 Commercial and City Collection Service shall be provided, commencing no earlier than 4:00 a.m., provided the property is a minimum of two hundred (200) feet from residential property, and terminating no later than 9:00 p.m., Monday through Friday with service on Saturday starting no earlier than 7:30 a.m.. The hours, days, or both of Collection may be extended due to extraordinary circumstances or conditions with the prior written consent of the City Representative. 3.06 Manner of Collection. The CONTRACTOR shall provide Collection Service with as little disturbance as possible and shall leave any cart or bin in an upright position at the same point it was Collected without obstructing alleys, roadways, driveways, sidewalks or mail boxes. 3.07 Containers. 3.07.1 Purchase and Distribution of Carts and Bins. The CONTRACTOR shall be responsible for the purchase and distribution of fully assembled and functional carts and bins to Service Units in the Service Area. CONTRACTOR shall also distribute carts and bins to new Service Units that are added to CONTRACTOR'S Service Area during the term of this Agreement. The distribution shall be completed within three (3) Work Days of receipt of notification from the CITY or the Service Unit. 3.07.2 Replacement of Carts and Bins. CONTRACTOR'S employees shall take care to prevent damage to carts or bins by unnecessary rough treatment. However, any cart or bin damaged by the CONTRACTOR shall be replaced by the CONTRACTOR, at the Page 5 - 19 Section 5 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 65O 651 652 CONTRACTOR'S expense, within three (3) Work Days at no cost or inconvenience to the Service Recipient. 3.07.2.1 Upon notification to the CONTRACTOR by the CITY or a Service Recipient that the Service Recipient's cart(s) or bin(s) have been stolen or damaged beyond repair through no fault of the CONTRACTOR, the CONTRACTOR shall deliver a replacement cart(s) or bin(s) to such Service Recipient within three (3) Work Days. The CONTRACTOR shall maintain records documenting all cart and bin replacements occurring on a monthly basis. 3.07.2.2 Where such cart is lost, stolen or damaged beyond repair through no fault of the CONTRACTOR, each SFD Service Unit shall be entitled to the replacement of one (1) lost, destroyed, or stolen Garbage Cart, one (1) lost, destroyed, or stolen Recycling Cart, and one (1) lost, destroyed, or stolen Organic Waste Cart during the life of this Agreement at no cost to the Service Recipient. 3.07.2.3 Where such cart or bin is lost, stolen or damaged beyond repair through no fault of the CONTRACTOR, each MFD, Commercial and City Service Unit shall be entitled to the replacement of one (1) lost, destroyed, or stolen Garbage Bin and one (1) lost, destroyed, or stolen Recycling Cart or Bin during the life of this Agreement at no cost to the Service Unit. 3.07.2.4 Where such bin or cart replacement occurs through no fault of the CONTRACTOR, CONTRACTOR shall be compensated for the cost of those replacements in excess of the requirements set forth above in accordance with the "Cart or Bin Exchange" Service Rate, as appropriate, set forth in Exhibit 1 to this Agreement or as may be adjusted by the CITY as provided under the terms of this Agreement. 3.07.3 Repair of Carts and Bins. CONTRACTOR shall be responsible for repair of carts in the areas to include but not be limited to, hinged lids, wheels and axles. Within three (3) Work Days of notification by the CITY or a Service Recipient of the need for such repairs, the CONTRACTOR shall repair the cart bin or if necessary, remove the cart or bin for repairs and deliver a replacement cart or bin to the Service Recipient. 3.07.4 Cart or Bin Exchange. Upon notification to the CONTRACTOR by the CITY or a Service Recipient that a change in the size or number of carts or bins is required, the CONTRACTOR shall deliver such carts or bins to such Service Recipient within three (3) Work Days. Each Service Recipient shall be eligible to receive one (1) free cart or bin exchange per Agreement Year during the term of this Agreement. Accordingly CONTRACTOR shall be compensated for the cost of those exchanges in excess of one (1) per Agreement Year, in accordance with the "Cart or Bin Exchange" service rate as set forth in Exhibit 1 or as may be adjusted under the terms of this Agreement. Page 5 - 20 City of Dublin Collection Service Agreement 653 654 655 656 657 658 659 66O 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 3.07.5 Ownership of Carts. Ownership of cads shall rest with the CONTRACTOR, except that ownership of cads in the possession of a Service Recipient at the end of this Agreement shall rest with the CITY. At its sole discretion, CITY may elect not to exercise its rights with regards to this Section and in such case the cads shall remain the property of the CONTRACTOR upon termination of this Agreement. In this event, CONTRACTOR shall be responsible for removing all cads in service from the Service Area and reusing or Recycling such cads. 3.07.6 Ownership of Bins. Ownership of bins distributed by the CONTRACTOR shall rest with the CONTRACTOR except in the case of the termination of the Agreement prior to the expiration of the initial term or optional extension term due to the default of the CONTRACTOR. Under such circumstances, the bins shall, at the sole option of the CITY and at no additional cost to the CITY, become the property of the CiTY and CONTRACTOR shall submit to the City Representative an inventory of bins, including their locations, together with all proof of ownership, and shall take all steps necessary to transfer ownership to CITY 3.07.7 Ownership of Roll-off Containers. Ownership of Roll-off Containers distributed by the CONTRACTOR shall rest with the CONTRACTOR except in the case of the termination of the Agreement prior to the expiration of the initial term or optional extension term due to the default of the CONTRACTOR. Under such circumstanpes, the containers shall, at the sole option of the CITY and at no additional cost to the CITY, become the property of the CITY and CONTRACTOR shall submit to the City Representative an inventory of containers, including their locations, together with all proof of ownership, and shall take all steps necessary to transfer ownership to CITY. 3.07.8 Annual Cleaninq. Once each Agreement Year, at no charge to the CITY or the MFD or Commercial Service Unit, CONTRACTOR shall clean all Garbage, Recycling, and Organic Waste Bins at the Service Unit's premises or shall replace the dirty bins With clean bins and remove the dirty bins for cleaning. 3.07.90r.qanic Waste Pails. CONTRACTOR shall provide each SFD Service Unit with a pail for use in the kitchen suitable for the collection and storage of food scraps and that is consistent in function to meet the Alameda County Waste Management Authority's Residential Food Scrap Subsidy Program guideline requirements. The kitchen pail shall have a capacity of 1.5 to 2.5 gallons, a wire or plastic handle, and a lid and must be approved by the CITY. 3.07.10 Or.qanic Waste Containers. If requested by the customer, CONTRACTOR shall provide Commercial Service Units receiving Commercial Organic Collection Service with a watertight container for indoor storage of Commercial Organic Waste prior tO placing the waste in the Organic Waste Cad or Bin. The size of the container shall Page 5 - 21 Section 5 697 698 699 700 701 702 7O3 704 705 706 7O7 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 be determined by the Service Recipient and the CONTRACTOR. CONTRACTOR shall be responsible for the repair and maintenance of the containers. 3.08 Labor and Equipment. CONTRACTOR shall provide and maintain all labor, equipment, tools, facilities, and personnel supervision required for the performance of CONTRACTOR'S obligations under this Agreement. CONTRACTOR shall at all times have sufficient backup equipment and labor to fulfill CONTRACTOR'S obligations under this Agreement. No compensation for CONTRACTOR'S services or for CONTRACTOR'S supply of labor, equipment, tools, facilities or supervision shall be provided or paid to CONTRACTOR by CITY or by any Service Recipient except as expressly provided by this Agreement. 3.09 Holiday Service. The CITY observes Labor Day, Thanksgiving Day, December 25th, and January Ist as legal holidays. CONTRACTOR shall not be required to provide Collection Services or maintain office hours on the designated holidays. In any week in which one of these holidays falls on a Work Day, SFD Collection Services for the holiday and each Work Day thereafter will be delayed one Work Day for the remainder of the week with normally scheduled Friday Collection Services being performed on Saturday. MFD, Commercial and City Collection Services shall be adjusted as agreed between the CONTRACTOR and the Service Recipient but must meet the minimum frequency requirement of one (1) time per week. 3.10 Disposal and Processinq. 3.10.1 Disposal Facility. Except as set forth below, all Solid Waste Collected as a result of performing Collection Services shall be transported to, and disposed of, at the Disposal Facility. In the event the Disposal Facility is closed on a Work Day, the CONTRACTOR shall transport and dispose of the Solid Waste at such other legally permitted disposal facility as is approved by CITY. Failure to comply with this provision shall result in the levy of liquidated damages as specified in Article 22 of this Agreement and may result in the CONTRACTOR being in default under this Agreement. 3.10.2 Material Recovery Facility. All Recyclable Materials Collected as a result of performing Recycling Services shall be delivered to the Material Recovery Facility (MRF). In the event the MRF is closed on a Work Day, the CONTRACTOR shall transport and deliVer the Recyclable Material to such other legally permitted MRF as is approved by CITY. Failure to comply with this provision shall result in the levy of liquidated damages as specified in Article 22 of this Agreement and may result in the CONTRACTOR being in default under this Agreement. 3.10.3 Organic Waste Processing Facility. CONTRACTOR shall deliver all Collected Organic Waste to a fully permitted Organic Waste Processing Facility. In the event the facility is closed on a Work Day, the Page 5 - 22 City of Dublin 74O 741 742 743 744 745 746 747 748 749 75O 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 Collection Service Agreement 3.10.4 Large CONTRACTOR shall process Service Units pursuant to this hierarchy: CONTRACTOR shall transport and deliver the Organic Material to such other legally permitted facility as is approved by CITY. CONTRACTOR shall ensure that all Organic Waste Collected pursuant to this Agreement, except residue resulting from processing, is diverted from the Disposal Facility in accordance with AB 939 and subsequent legislation and regulations. In no instance, except for residue resulting from processing, shall Organic Waste be used for ADC. Item Processing and Disposal. and dispose of Large Items Collected from Agreement in accordance with the following 3.10.4.1 Reuse as is (where energy efficiency is not compromised) 3.10.4.2 Disassemble for reuse or Recycling 3.10.4.3 Recycle 3.10.4.4 Disposal 3.10.5 CONTRACTOR shall not landfill such Large Items unless the Large Items cannot be reused or recycled. 3.10.6 CITY Direction of Large Items. CITY reserves the right to direct CONTRACTOR to take Large Items Collected pursuaht to this Agreement to a designated site or sites for the purpose of permitting persons who will reuse or recycle such Large Items to obtain the Large Items at no cost. CONTRACTOR shall have no obligation to dispose of the Large Items or large Item residue remaining at the directed site or sites after reusers and recyclers have removed reusable or recyclable Large Items. 3.10.7 Large Items Containing Freon. In the event CONTRACTOR Collects Large Items that contain Freon, CONTRACTOR shall handle such Large Items in a manner such that the Large Items are not subject to regulation as hazardous waste under applicable state and federal laws or regulations. 3.10.8 Used Oil Processing. CONTRACTOR shall recycle all Used Oil Collected pursuant to this Agreement to the extent feasible and shall properly dispose of all Used Oil and Used Oil Filters ,that are contaminated or otherwise cannot be recycled. 3.10.8.1 CONTRACTOR shall recycle the Used Oil only with persons who are authorized by the State of California to recycle oil. In the event the Used Oil or Used Oil Filters Collected pursuant to this Agreement is contaminated to the extent that the Used Oil or Used Oil Filters require disposal as a Hazardous Waste, CONTRACTOR shall dispose of such Used Oil or Used page 5 - 23 Section 5 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 8O4 805 8O6 8O7 8O8 8O9 810 811 812 813 814 815 816 817 818 819 82O 821 822 Oil Filters, at CONTRACTOR'S own cost and expense in accordance with applicable state and federal law. 3.10.8.2 CONTRACTOR shall notify the City Representative, either by Fax or e-mail, of any contamination which renders the Used Oil unacceptable for recycling or which requires disposal of the Used Oil or Used Oil Filters as a Hazardous Waste. 3.10.8.3 Se~reaation of Used Oil. CONTRACTOR shall keep all Used Oil and Used Oil Filters Collected pursuant to this Agreement segregated from other materials. 3.10.9 Recycling - Improper Procedure. Except as set forth below, the CONTRACTOR shall not be required to Collect Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid Waste. If Recyclable Materials are contaminated through commingling with Solid Waste, the CONTRACTOR shall, if practical, separate the Solid Waste from the Recyclable Materials. The Recyclable Materials shall then be Collected and the Solid Waste shall be left in the Recycling Cart or Bin along with a Non-Collection Notice explaining why the Solid Waste is not considered a Recyclable Material. However, in the event the Recyclable Materials and Solid Waste are commingled to the extent that they cannot easily be separated by the CONTRACTOR or the nature of the Solid Waste renders the entire Recycling Cart or Bin contaminated, the CONTRACTOR will leave the Recycling Cart or Bin un-emptied along with a Non-Collection Notice that contains instructions on the proper procedures for setting out Recyclable Materials. 3.10.10 Recycling - Chanqes to Work. Should changes in law arise that necessitate any additions or deletions to the work described herein including the type of items included as Recyclable Materials, the parties shall negotiate any necessary cost changes and shall enter into an Agreement amendment covering such modifications to the work to be performed and the compensation to be paid before undertaking any changes or revisions to such work. 3.11 Handy Hauler and Roll-off Container Service. CONTRACTOR shall provide "Handy Hauler" bin service and Roll-off Container service for the Collection of non-hazardous materials at the service rates set forth in Exhibit 1 to the Agreement. CONTRACTOR shall deliver and pick-up the bins and containers at the direction of the Service Recipient. The bins and containers shall be clean, free of graffiti and in good repair. The bins and containers must be clearly marked and identifiable as belonging to CONTRACTOR. Special consideration shall be given when determining the delivery and pickup area for the bins and containers to ensure that the flow of traffic is not impeded and that it does not result in aesthetic degradation of an area. If the Service Recipient and the CONTRACTOR cannot agree on a delivery and pick up area, the area shall be Page 5 - 24 City of Dublin Collection Service Agreement 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 84O 841 842 843 844 845 846 847 848 849 85O 851 852 853 854 855 856 857 858 859 86O 861 862 863 determined by the CITY. In addition, if, in the opinion of the CITY the delivery and pick up area is inappropriate, CITY may require the CONTRACTOR to relocate the bin or container. 3.12 Inspections. The CITY shall have the right to insPect the CONTRACTOR'S facilities or collection vehicles and their contents at any time while operating inside or outside the CITY. 3.13 Comminqlin.q of Materials. 3.13.1 Residential Waste and Recyclable Material. CONTRACTOR shall not at any time commingle Residential Waste, Collected pursuant to this Agreement, with any Recyclable Material separated for Collection pursuant to this Agreement without the express prior written authorization of the City Representative. 3.13.2 Residential Waste Collected in Dublin. CONTRACTOR shall not at any time commingle any Residential, Commercial or City Waste, Collected pursuant to this Agreement, with any other material Collected by CONTRACTOR inside or outside the City of Dublin without the express prior written authorization of the City Representative. 3.13.3 Recyclable Materials. CONTRACTOR shall not at any time commingle Recyclable Materials Collected pursuant to this Agreement, with any other material Collected by CONTRACTOR 'inside or outside the City of Dublin without the express prior written authorization of the City Representative. 3.14 Spillage and Litter. The CONTRACTOR shall not litter premises in the process of providing Collection Services or while its vehicles are on the road. The CONTRACTOR shall transport all materials Collected under the terms of this Agreement in such a manner as to prevent the spilling or blowing of such materials from the CONTRACTOR'S vehicle. The CONTRACTOR shall'exercise all reasonable care and diligence in providing COllection Services So as to prevent spilling or dropping of Residential Waste, Commercial Waste, City Waste or Recyclable Materials and shall immediately, at the time of occurrence, clean up such spilled or dropped materials. 3.14.1 The CONTRACTOR shall not be responsible for cleaning up sanitary conditions caused by the carelessness of the SerVice Recipient; however, the CONTRACTOR shall clean up any material or residue that are spilled or scattered by the CONTRACTOR or its employees. 3.14.2 Equipment oil, hydraUlic fluids, sPilled paint, or any other liquid or debris resulting from the CONTRACTOR'S operations or equipment repair shall be covered immediately with an absorptive material and removed from the street surface. When necessary, CONTRACTOR Page 5-25 Section 5 864 865 866 867 868 869 87O 871 872 873 874 875 876 877 878 879 880 881 882 883 884 885 886 887 888 889 890 891 892 893 894 895 896 897 898 899 900 901 902 903 9O4 shall apply a suitable cleaning agent to the street surface to provide adequate cleaning. 3.14.3 The above paragraphs not withstanding, CONTRACTOR shall clean up any spillage or litter caused by CONTRACTOR within two (2) hours upon notice from the CITY. 3.14.4 To facilitate such cleanup, CONTRACTOR'S vehicles shall at all times carry sufficient quantities of petroleum absorbent materials along with a broom and shovel. 3.15 Ownership of Materials. 3.15.1 Title to Residential Waste, Commercial Waste, City Waste and Recyclable Materials shall pass to CONTRACTOR at such time as said materials are placed in the CONTRACTOR'S Collection vehicle. 3.15.2 Title to material Collected as part of the Neighborhood Clean-up Service or Special Clean-up Event Service shall pass to CONTRACTOR at the time the material is placed in the Roll-Off Container or other Collection vehicle or container approved for use at the event. 3.16 Hazardous Waste Inspection and Handling Program. 3.16.1 CONTRACTOR shall develop a Hazardous Waste inspection and handling program that includes the following components: (i) personnel training; (ii) load checking procedures; (iii) proper management of Hazardous Waste (iv) record keeping and emergency procedures; and (v) public education program designed to educate generators regarding proper methods for handling and disposing of Hazardous Waste. 3.16.2 CONTRACTOR'S load checking personnel, including its Collection vehicle drivers, shall be trained in (i) the effects of Hazardous Waste on human health and the environment; (ii) identification of Hazardous Waste; and (iii) emergency notification and response procedures. When practical, CONTRACTOR shall inspect Collection containers prior to Collection in order to identify Hazardous Waste. 3.16.3 Response to Hazardous Waste Identified durinq Collection. Under no circumstances shall CONTRACTOR'S employees knowingly Collect Hazardous Waste, or remove unsafe or poorly containerized Hazardous Waste, from a Collection container. If CONTRACTOR determines that material placed in any container for Collection is Hazardous Waste, or other material that may not legally be accepted at the Disposal Facility, or one of the processing facilities, or presents a hazard to CONTRACTOR'S employees, the CONTRACTOR shall have the right to refuse to accept such material. The generator shall be contacted by the CONTRACTOR and requested to arrange for proper Disposal Service. If the generator cannot be reached immediately, the Page 5 - 26 City of Dublin 9O5 9O6 9O7 9O8 9O9 910 911 912 913 914 915 916 917 918 919 920 921 922 923 924 925 926 927 928 929 930 931 932 933 934 935 936 937 938 939 940 941 942 943 944 Collection Service Agreement CONTRACTOR shall, before leaving the premises, leave a Non-Collection Notice, which indicates the reason for refusing to Collect the material and lists the phone number for the Alameda County Household Hazardous Waste Facility. CONTRACTOR'S environmental technician (identified below) shall be notified to resolve the issue with the generator. The contact information for the CONTRACTOR'S environmental technician is as follows: Name: Address: City, State, Zip Code: Phone Number: Email Address: 3.16.4 If Hazardous Waste is found in a Collection container that poses an imminent danger to people or property, the CONTRACTOR shall immediately notify the CITY Fire Department using the 911 emergency telephone number. The CONTRACTOR shall notify the CITY of any Hazardous Waste identified within twenty four (24) hours of identification of such material. 3.16.5 If Hazardous Waste is identified at the time of delivery to the Disposal Facility, or one of the processing facilities and the generator cannot be identified, CONTRACTOR shall be solely responsible for handling and arranging transport and disposition of the Hazardous Waste. 3.17 Regulations and Record Keeping. CONTRACTOR shall comply with emergency notification procedures required by applicable laws and regulatory requirements. All records required by regulations shall be maintained at the CONTRACTOR'S facility. These records shall include waste manifests, waste inventories, waste characterization records, inspection records, incident reports, and training records. 3.18 Transition. CONTRACTOR understands and agrees thatthe time between the formal Agreement signing and July 1, 2005 is intended to provide the CONTRACTOR with ample and sufficient time to, among other things, order equipment, prepare necessary routing schedules and route maps, obtain any permits and licenses, establish/build facilities, and begin the public awareness campaign as part of the CONTRACTOR'S transition program as specified in this Agreement. CONTRACTOR shall be responsible for the provision of all Collection Services beginning July 1, 2005. CITY agrees that during the first three (3) months of the initial Agreement Year, provision of SFD Organic Collection Service may consist of public awareness and education activities, service solicitation activities and the ordering and delivery of the "kitchen pails". Page 5-27 Section 5 945 946 947 948 949 950 951 952 953 954 955 956 957 958 959 960 961 962 963 964 965 966 967 968 969 970 971 972 973 974 975 976 977 978 979 98O 981 982 983 ARTICLE 4. Service Billing and Collection 4.01 CITY'S Responsibility for Billing and Collection. 4.01.1 Minimum SFD Collection Service. The cITY has a mandatory system for SFD Service Units whereby the CITY collects the annual cost of the service on the annual property tax bill. Minimum SFD Collection Service includes: · SFD Solid waste Collection Service (32 gallon Cart); · SFD Recycling Service (64 gallon Cart with option to change to 96 or 32 gallon cart or add one additional cart); · SFD Organic Waste Collection Service ((64 gallon Cart with option to change to 96 or 32 gallon cart or add one additional cart); · Large Item Collection Service; · Used Oil Collection Service; and · Annual HHW drop-off event. 4.01.2 CITY Payments to CONTRACTOR. CITY will provide two (2) payments to CONTRACTOR for the provision of Minimum SFD Collection Service. The first payment will include services for the period from July 1st through December 31st of each year and will be made no later than the following January 15th. The second payment will include services for the period from January 1st through June 30th of each year and will be made no later than May 15th of that year. The payment shall be the minimum service rate multiplied by the number of customers assessed on the current tax roll. 4.01.3 CONTRACTOR'S Responsibility for Billinq and Collection. 4.01.3.1 SFD Service Units. Costs of additional or larger Carts above the Minimum SFD Collection Service level shall be billed and collected by the CONTRACTOR. In addition, CONTRACTOR shall be responsible for the billing and collection of payments for all SFD Collection Services for those SFD Service Units added through annexation or new construction after the minimum service property tax assessment has been finalized. Such billing shall be provided to customers quarterly in advance but no earlier than twentieth (20th) day of the month preceding the period for which the service is being billed. CONTRACTOR shall provide CITY with a list in electronic format of those SFD Service Units that have been added to CONTRACTORS customer base since the previous tax assessment by March 31st and again by June 30th of each Agreement Year. 4.01.3.2 MFD and Commercial Service Units. The CONTRACTOR shall be responsible for the billing and collection of payments for MFD and Commercial Collection Services within the Service Area. Such billing Page 5 - 28 City of Dublin Collection Service Agreement 984 985 986 987 988 989 990 991 992 993 994 995 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 10O7 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 shall be provided to the customers monthly in advance. Not withstanding the preceding provision, the CONTRACTOR shall not bill for City Collection SerVices. 4.02 Delinquent SerVice Accounts. The CONTRACTOR may report .to the City Representative, on a regular basis, all SerVice Recipients wdO have received Collection Service and whose account is over one-hundred and twenty (120) days past due. The CONTRACTOR may' take such action as is legally available to collect or cause collection of such past due amounts. However, in no event, except upon notice in writing by the City Representative, shall the CONTRACTOR cease provision of Collection Services to any Service Unit due to non-payment. 4.03 Methods of Payment. CONTRACTOR shall provide the means for customers to pay bills through the following methods: cash, checks, credit cards, internet payment service or automatic withdrawal from bank account. 4.04 CONTRACTOR'S Payments to CITY. CONTRACTOR shall make payment to the CITY of a franchise fee and administrative fee and such other fees as may be specified in this Section 4.04. Payment to the CITY shall be due, on the fifteenth (15th) day of the month following the month the r6venues are collected. Each such payment shall be accompanied by an accounting, which sets forth CONTRACTOR'S gross receipts collected during the preceding month. 4.04.1 Franchise Fee. The franchise fee shall be a percentage of CONTRACTOR'S gross revenue collected each month under the terms of this Agreement. Revenue received by the CONTRACTOR from the sale of re.cyclable materials and from related CRV payments shall be considered as gross revenues for purposes of the calculation of franchise fees. The franchise fee percentage shall be (12.6%) during the term of this Agreement unless adjusted by the CITY. 4.04.2 Administrative Fee. The administrative fee shall be a percentage of CONTRACTOR'S gross revenue collected each month under the terms of this Agreement. Revenue received by the CONTRACTOR from the sale of recyclable materials and from rela.ted CRV payments shall be considered as gross revenues for purposes of the calculation of administrative fee.s. The administrative fee percentage shall be two percent (2%) during the term of this Agreement unless adjusted by the CITY. 4.04.3 Other Fees. CITY may set such other fees as it deems necessary. 4.04.4 No acceptance by CITY of any payment shall be cqnstrued as an accord that the amount is in-fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim CITY may have against CONTRACTOR for any additional sums payable under the provisions of this Agreement. All amounts paid shall be subject to independent audit and recompilation by CITY. If, after the audit, such recompilation indicates an underpayment CONTRACTOR shall pay to CITY the amount of the underpayment and shall reimburse CITY for all reasonable costs and expenses Page 5-29 Section 5 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 '1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 incurred in connection with the' audit and recompilation, within ten (10) days of receipt of written notice from CITY that such is the case. If, after audit, such recompilation indicates an overpayment, CITY shall notify the Contractor in writing of the amount of the overpayment, less costs and expenses inCurred in connection with the audit and recompilation. CONTRACTOR may offset the amounts next due following receipt of such notice by the amount specified therein. ARTICLE 5. Compensation and Rates 5.01 Collection Service Rates. The CONTRACTOR shall charge Service Recipients the service rates established in Exhibit I which is attached to and included in this Agreement and as may be adjusted under' the terms of this Agreement. 5.02 Collection Service Compensation to CONTRACTOR. Collection Service comPensation'provided for in this Article shall be the full, entire and complete compensation due to CONTRACTOR pursuant to this Agreement for the provision of Collection Services as set forth herein. 5.03 Collection Service Compensation Elements. Collection Service compensation to the CONTRACTOR shall consist of the following elements; a Collection Compensation Element, a Disposal Compensation Element, a Container Compensation Element and a Fee Compensation Element. 5.04 Initial Compensation to CONTRACTOR. CONTRACTOR'S compensation for the first (1st) Agreement Year shall be $$ as set forth in Exhibit 1 to this Agreement. 5.05 Annual Compensation Adiustments. Beginning on July 1, 2006, and annually thereafter, CONTRACTOR shall, subject to compliance with all provisions of this Article, be eligible to receive an adjustment, in the Compensation Elements as set forth in Exhibit 1 to this Agreement. 5.05.1 Adiustments to Collection Compensation Element. The Collection Compensation Element adjustment consists of three (3) factors, the Refuse Rate Adjustment (RRI) factor and the annual growth (AG) factor. 5.05.1.1 RRI Factor. The RR! factor shall be the sum of the weighted percentage change in the Annual Average of each RRI index number between the second (2nd) preceding calendar year and the preceding calendar year, as contained in the most recent release of the source documents listed in Exhibit 2, ("Compensation Model") which is attached to and included in this Agreement. Therefore, the first RRI factor will be based on the percentage change between the Annual Average of the RRI indices for the year ended December 31, 2004 (the Second (2"d) preceding calendar year) and the Annual Average of the RRI indices for the year ended December 31, 2005, (the preceding calendar year). The RRI factor shall be calculated using the Compensation Model included in Exhibit 2. Page 5 - 30 City of Dublin Collection Service Agreement 1 O68 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 I O85 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 5.05.1.2 Annual Growth Factor. The AG factor shall be the percentage change in the Calculated Revenue for the first (1sT) month in the annual rate period and the sixth (6th). month in the annual rate period. Therefore the first AG factor shall be the percentage change in the Calculated Revenue for the month of July 2005 and the month of December 2005. 5.05.1.3 Calculated Revenue shall be the sum of the product of the SFD customer base multiplied by the appropriate SFD Collection Service RateS plus the MFD customer base multiplied by the appropriate MFD Collection Service Rates, plus the Commercial customer base multiplied by [he appropriate Collection Service Rates. Calculated Revenue for the first (1st) month of the annual period shall be calculated using the customer base and rates as of that month and Calculated Revenue for the sixth (6th) month of the annual period shall be calculated using the customer base for the sixth (6th) month and the rates as of the first (1 st) month as shown on Exhibit 2. 5.05.1.4 Collection Compensation Element Adjustment. The annual Collection Compensation Element adjustmen~ shall be calculated by multiplying the Collection Compensation Element times one (1) plus the product of (the lesser of the sum of the RRI factor and the AG factor or five percent (5%) multiplied by the Diversion factor), as shown in Exhibit 2. 5.05.2 Adjustments to Disposal Compensation ElemeNt. The Disposal Compensation Element adjustment consists of two (2) factors; the approved tip fee, (ATF), factor and annual tonnage, (AT), factor. 5.05.2,1 Approved Tip Fee Factor. The A~-F factor shall be the percentage change in the approved tip fee of the Disposal Contractor in effect during the first (1st) month of the then current bi-annual rate period and the approved tip fee to be effective on the first (1St) day of the subsequent annual rate period. Therefore the first (1s,) ATF factor will be the percentage change in the approved tip fee as of July 1, 2005 and the approved tip fee as of July 1 2006. 5.05.2.2 Annual Tonnaqe Factor. The AT factor shall be the percentage change in the Prior Calculated Tonnage and the Current Calculated Tonnage. For purposes of the initial compensation adjustment of July 1, 2006, the Prior Calculated Tonnage shall be the tonnage figure submitted by the CONTRACTOR as set forth in Exhibit 1 to this Agreement., For all subsequent compensation adjustments, the Prior Calculated Tonnage shall be the prior Current Calculated Tonnage. The Current Calculated Tonnage shall be the actual tonnage disposed by the CONTRACTOR at the Disposal Facility for the first six (6) months of the ann'ual rate period divided by six (6) and multiplied by twelve (12). 5.05.3 Disposal Compensation Element Adiustment. The annual Disposal Compensation Element adjustment shall be calculated by multiplying the Disposal Compensation_ Element times one (1) plus the BAT factor as shown in Exhibit 2. Page 5 - 31 Section 5 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1 !36 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 5.05.4 Adjustments to Container Compensation Element. The Container Compensation Element represents the amortized cost of Carts and Bins over the life of the Collection Service Agreement and shall not be adjusted except to account for customer growth through the use of the AG factor as set forth in Section 5.05.1.2 above. 5.05.5 Container Compensation Element Adiustment. The annual Container Compensation Element adjustment shall be calculated by mUltiplying the Container Compensation Element times one (1) plus the AG factor as shown in Exhibit 2. 5.05.6 Fee compensation Element Adiustment. The Fee Compensation Element shall always be equal to the sum of the Collection Compensation Element, Disposal Compensation Element; and Container Compensation Element (the "base compensation'~ divided by [1 minus the sum of the then current fee percentages] minus the base compensation. The Fee Compensation Element shall be adjusted annually at such time as the Collection Compensation Element is adjusted or at such time as CITY adjusts the franchise fee or administrative fee percentages or adds a new fee. 5.06 Financial Information. On or before March 1, 2006, CONTRACTOR shall deliver to CITY financial information for the specific services performed under this Agreement for the preceding fiscal period ended December 31, 2005. On or before March 1, 2007 and annually thereafter during the term of this Agreement, CONTRACTOR shall deliver to CITY financial information for the specific services performed under this Agreement for the preceding calendar year. Such financial information shall be in the format as set forth in Exhibit 2, or as may be further revised by CITY from time to time. 5.07 Customer Base Data. On or before August 20, 2005 and monthly thereafter during the term of this Agreement, CONTRACTOR shall deliver to CITY, customer base data consisting of the number of SFD Service Units billed for additional services above the minimum service billed by the City, and the number of MFD and Commercial Service Units billed, sorted by container size, number of containers and frequency of Collection. 5.08 Tonna.qe Data. On or before August 20, 2005 and monthly thereafter during the term of this Agreement, CONTRACTOR shall deliver to CITY a listing of the actual tonnage disposed by the CONTRACTOR at the Disposal Facility for the preceding month sorted between SFD, MFD Commercial and CITY Service Units and between Roll-off containers and all other containers to extent practical. 5.09 Roundinq. Annual adjustments shall be made only in units of one cent ($0.01). Fractions of less than one cent ($0.01) shall not be considered in making adjustments. The indices shall be truncated at four (4) decimal places for the adjustment calculations. Page 5 - 32 City of Dublin Collection Service Agr~eement 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 5.10 Extraordinary Circumstances. If CONTRACTOR fails to submit the financial, customer base, or tonnage data in the required format and time due, it is agreed that CONTRACTOR shall be deemed to have waived the next scheduled Collection Compensation Element adjustment. 5.10.1 However, if CONTRACTOR'S failure to submit the data required under this Article is the result of extraordinary or unusual circumstances as demonstrated by CONTRACTOR to the satisfaction of the City Representative, CITY, at its sole discretion, may consider the request for the annual Collection Compensation Element adjustment. 5.11 Extraordinary Adjustment. CONTRACTOR may petition the CITY in writing at any time for an additional compensation adjustment on the basis of extraordinary and unusual changes in the costs of operations or programs that could not reasonably been foreseen by a prudent operator an;d which, by all reasonable expectations will continue for a period of at least six (6) months. CONTRACT, OR'S request shall contain substantial proof and justification to support the need for the compensation adjustment. The CITY may reqUest from the CONTRACTOR such further information as may be reasonably necessary in making its determination. The CITY shall approve or deny the request, in whole or in part, with in sixty (60) calendar days of receipt of the written request and ail other additional information required and requested by the CITY. ARTICLE 6. Diversion Requirements 6.01 Minimum Requirements. As is set forth in Section 5.09 above, the CITY requires the CONTRACTOR to achieve a minimum annual diversion rate of fifty percent (50%) over each Calendar Year beginning January 1, 2006. The annual diversion rate will be calculated as '~he tons of materials C, oflected from the provision of Collection Services that are sold or defivered to a recycler or reuser, as required by this Agreement, divided by the total tons of materials Coflected in each Calendar Year. 6.02 Failure To Meet Minimum Requirements. CONTRACTOR'S failure to meet the minimum diversion requirements set forth above in' Section 6.01 may result in the termination of this Agreement or the imposition of liquidated damages. ARTICLE 7. Service Units 7.01 Service Units. Service Units shall include all the ~following categOries of premises which are in the Service Area as of July 1, 2005, and ail such premises which may be added to the Service Area by means of annexation, new construction, or as otherwise set forth in this Agreement during term of this Agreement: 7.01.1 SFD Service UnitS 7.01.2 MFD Service Units Page 5-33 Section 5 1192 1.193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 7.01.3 Commercial Service Units 7.01.4 Commercial Organic Service Units 7.01.5 City Service Units 7.01.6 Any question as to whether a premises falls within one of these categories shall be determined by the City Representative and the determination of the City Representative shall be final. 7.02 Service Unit Chanaes. The CITY and CONTRACTOR acknowledge that during the term of this Agreement it may be necessary or desirable to add or delete Service Units for which CONTRACTOR will provide Collection Services. 7.02.1 Additions and Deletions. CONTRACTOR shall provide services described in this Agreement to new Service Units within five (5) Work Days of receipt of notice from the CITY or new Service Unit to begin such service. 7.03 Annexation. If during the life of the Agreement, additional territory is acquired by the CITY through annexation, CONTRACTOR agrees to provide Collection Services in such annexed area in accordance with the provisions and service rates set forth in this Agreement. Such Collection Services shall begin within five (5) Work Days of receipt of written notice from the CITY. CONTRACTOR shall not begin Collection Service without written authorization from the CITY. 7.04 Route Map Update. CONTRACTOR shall revise the Service Unit route maps to show the addition of Service Units added due to annexation and shall provide such revised maps to the City Representative as requested. ARTICLE 8. SFD Collection Services 8.01 SFD Collection Services. These services shall be governed by the following terms and conditions: 8.01.1 Conditions of Service. The CONTRACTOR shall provide SFD Collection Service to all SFD Service Units in the Service Area whose Residential Solid Waste is properly containerized in Garbage Carts, Recyclable Materials are properly containerized in Recycling Carts, except as set forth in Section 8.05; and Organic Waste is properly containerized in Organic Waste Carts, where the Garbage, Recycling and Organic Waste Carts have been placed within three (3) feet of the curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location agreed to by the CONTRACTOR and Service Recipient, that will provide safe and efficient accessibility to the CONTRACTOR'S Collection crew and vehicle. 8.02 On-Premises Service. Notwithstanding any term or definition set forth in this Agreement, CONTRACTOR shall provide on-premises Collection of Residential Solid Waste, Recyclable Materials, and Residential Page 5 - 34 City of Dublin Collection Service Agreement 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 Organic Waste to a SFD Service Unit if all adult Service Recipients residing therein have disabilities that prevent them from setting their Garbage, Recycling or Organic Waste Cart at the curb for Collection and if a request for on-premises service has been made to, and approved by, the City Representative in the manner required by CITY. The City Representative shall notify the CONTRACTOR in writing of any SFD Service Units requiring on-premises service; along with the date such service is to begin. No additional monies shall be due to the CONTRACTOR for the provision of on-premises service. 8.02.1 Collection Day. CONTRACTOR shall provide on-premises Collection Service on the same Work Day that curbside Collection would Otherwise be provided to the SFD Service Unit. 8.03 Frequency and Scheduling of Service. Except as set forth in Sections 7.08 and 7.11, SFD Collection Services shall be provided one' (1) time per week on a scheduled route basis. SFD Collection Services shall be scheduled so that a SFD Service Unit receives SFD Solid Waste (~ollection Service, SFD Recycling Service, Organic Waste Collection Service, ~nd SFD Used Oil Collection Service on the same Work Day. 8.04 Non-Collection. Except as set forth in Section 8.05 CONTRACTOR shall not be required to Collect any Solid Waste, Recyclable Material, or Organic Waste that is not placed in a cart. In the event., of non- collection, CONTRACTOR shall affix to the cart a Non-Collectio~ Notice explaining why Collection was not made. CONTRACTOR shall maintain a copy Of such notices during the term of this Agreement. 8.05 Overaqes. Corrugated cardboard that will. not fit inside the Recycling Cant may be placed beside the Recycling Cart. 8.06 Curbside Christmas Tree Collection. CONTRACTOR sh¢l collect Christmas trees from all SFD Service Units to supplement, but not. rep]ace, the collection program offered by the Boy Scouts in the CITY. CONTRACTOR shall offer SFD Service Units Collection of Christmas trees on an annual basis during the period commencing December 26 and ending on the last regularly s~heduled ColleCtion day of January for each specific collection, route. Christmas trees shall be Collected on the regular Collection day for each SFD Service Unit. 8.06.1 Christmas Tree Drop-Off Sites. CONTRACTOR shall supply three (3) Roll-Off Containers, to be placed at three (3) diffei-ent'locations determined by the CITY, to provide a drop-off location for Christmas trees. The CONTRACTOR shall service the Christmas tree Roll-Off Containers on a regular basis and keep the surrounding area free of any debris. CONTRACTOR shall deliver the three (3) Roll-Off Containers to sites specified by the CITY on the first (1st) business day after Christmas day, and shall service the RolPOff Containers until the third (3rd) Monday of January. 8.06.2 Contaminated Christmas Trees: Christmas trees that are flocked, contain tinsel or other decorations may be delivered to the 'Disposal Facility at the discretion of the CONTRACTOR. Page 5-35 Section 5 1275 1276 1277 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 1288 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 1306 1307 1308 1309 1310 1311 1312 1313 1314 1315 1316 8.07 Laroe Item Collection Service. This service will be governed by the following terms and conditions: 8.07.1 Conditions of Service. The CONTRACTOR shall provide Large Item Collection Service to all SFD Service Units in the Service Area whose Large Items have been placed within three (3) feet of the curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location agreed to by the CONTRACTOR and Service Recipient, that will provide safe and efficient accessibility to the CONTRACTOR'S Collection crew and vehicle. The Service Recipient shall be limited to five (5) (or seven (,7)) cubic yards per Collection. Accordingly CONTRACTOR shall be compensated for the cost of Collecting Large Items in excess of this limitation 'n accordance with the "Additional Large Item Collection" service rate as set forth in Exhibit 1 or as may be adjusted under the terms of this Agreement. Each SFD Service Unit in the Service Area shall be'entitled to receive Large Item Collection Service up to three (3) times per Agreement Year. CONTRACTOR shall not be required to Collect more than four (4) tires from any SFD Service Unit per Collection. 8.07.2 Frequency of Service. Large Item Collection Service shall be provided within seventy-two (72) hours of receipt of the request, excluding Saturdays, Sundays and Holidays, as set forth herein. 8.08 Used Oil Collection Service. This service will be governed by the following terms and conditions: 8.08.1 Conditions of Service. The CONTRACTOR shall provide Used Oil Collection Service to all SFD Service Units in the Service Area utilizing Used Oil Containers for the accumulation and set-out of their Used Oil, and Used Oil Filter Containers for the accumulation and set out of their Used Oil Filters where the Used Oil Containers and Used Oil Filter Containers have been placed within three (3) feet of the curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location agreed to by the CONTRACTOR and Service Recipient, that will provide safe and efficient accessibility to the CONTRACTOR'S Collection crew and vehicle. 8.08.2 Non-Collection. CONTRACTOR shall not be required to Collect material placed in Used Oil or Used Oil Filter Containers unless the material is Used Oil or Used Oil Filters, as appropriate, and is free of contamination other than contamination normally expected to be present as a result of the use, storage or spillage of the oil or filter, in the event of non- collection, CONTRACTOR shall affix to the Used Oil or Used Oil Filter Container a Non-Collection Notice explaining why Collection was not made and maintain a copy of such notice during the term of this Agreement. 'Prior to the end of the Work Day, CONTRACTOR shall notify the City Representative, either by Fax or e-mail, of any non-collection occurrences. If non-collection is because the Used Oil or Filter was placed in an improper container, CONTRACTOR shall also leave Used Oil or Used Oil Filter Containers in a number sufficient to contain the Used Page 5 - 36 City of Dublin Collection Service Agreement 1317 1318 1319 1320 1321 1322 1323 1324 1325 1326 1327 1328 1329 1330 1331 1332 1333 1334 1335 1336 1337 1338 1339 1340 1341 1342 1343 1344 1345 1346 1347 1348 1349 1350 1351 1352 1353 1354 1355 1356 1357 1358 Oil or Used Oil Filters set out, but not exceeding sixteen (16) quarts, or two (2) Used Oil Filters along with the Non-Collection Notice. 8.08.3 Spilla.qe. CONTRACTOR shall carry oil absorbent material on all Used Oil Collection vehicles and shall cleanup any Used Oil [hat spills during Collection, which has leaked from the Used Oil or Used Oil Filter Container, or which spills or leaks during the time the Used Oil or Used Oil Filter is in the Collection vehicle. 8.08.4 Used Oil and Used Oil Filter Containers. Within three (3) Work Days of receipt of a verbal request of CITY or a Service Recipient, CONTRACTOR shall, at CONTRACTOR'S sole cost and expense, provide the SFD Service Unit where the Service Recipient resides with Used Oil COntainers and Used Oil Filter Containers in the number requested by the CITY or the Service Recipient but not exceeding a number sufficient to hold sixteen ('16) quads of Used Oil and two (2) Used Oil Filters. 8.08.4.1 At the time CONTRACTOR Collects Used Oil from a SFD Service Recipient, CONTRACTOR shall, at CONTRACTOR'S sole cost and expense, leave at the premises one (1) Used Oil Container for each Used Oil Container Collected and one (1) Used Oil Filter Container for each Used Oil Filter Container Collected. CONTRACTOR shall keep the outside of all Used Oil and Used Oil Filter Containers clean and may re-use the containers until the condition of the container makes it inappropriate for re-use. ARTICLE 9. MFD Collection Services 9.01 MFD Collection Services. These services will be governed by the following terms and Conditions: 9.01.1 Conditions of Service. The CONTRACTOR shal! provide MFD Solid Waste Collection Service, and MFD Recycling Service to all MFD Service Units in the Service Area whose Solid Waste and Recyclable Material are properly containerized in bins or cads as appropriate where the bins and carts are accessible as set forth in Section 9.01.3. 9.01.2 Frequency of Service. Each service shall be provided at least once every week on a scheduled route basis. However, in those instances where the scheduled Collection day falls on a holiday as set forth in Section 3.09 herein, the Collection day will be delayed one day for the remainder of the week with normally scheduled Friday Collection Services being performed on Saturday. The size of the bin or cad and the' frequency (above the minimum) of. Collection shall be determined between the customer and the CONTRACTOR. ,However, size and frequency shall be sufficient to provide that no Solid Waste or Recyclable' Material need be placed outside the bin or cad on a regular basis. 9.01.3 Accessibility. CONTRACTOR shall Collect all Garbage Bins and Recycling Bins or Cads that are readily accessible' to the CONTRACTOR'S crew and vehicles and not blocked. However, CONTRACTOR shall provide "push services" as necessary during the provision of MFD Page 5 - 37 Section 5 1359 1360 1361 1362 1363 1364 1365 1366 1367 1368 1369 1370 1371 1372 1373 1374 1375 1376 1377 1378 1379 1380 1381 1382 1383 1'384 1385 1386 1387 1388 1389 1390 1391 1392 1393 1394 1395 1396 1397 1398 1399 1400 Collection Services. Push services shall include, but not' be limited to, dismounting from the Collection vehicle, moving the Garbage Bins or Recycling Bins or Carts from their storage location for Collection and returning'the Garbage Bins or Recycling 'Bins or Carts to their storage location. 9.01.3.1 The CONTRACTOR shall notify the City Representative daily, either by Fax or e-mail, of all situations that prevent or hinder Collection from any MFD Service Unit. 9.01.4 Non-Collection. CONTRACTOR shall not be required to Collect any Solid Waste or Recyclable Materials that are not placed in a bin or cart unless such Solid Waste or Recyclable Material is outside the bin or cart as a result of overflow. In the event of non-collection, CONTRACTOR shall affix to the bin or cart a Non-Collection Notice explaining why Collection was not made. CONTRACTOR shall maintain copies of the Non-Collection Notice during the term of this Agreement. 9.01.5 Overflow. In the case of repeated overflows of Solid Waste or Recyclable Material CONTRACTOR shall contact the MFD Service Unit management to arrange for an appropriate change in bin or cart size, Collection frequency or both. In the event, CONTRACTOR cannot successfully contact the MFD Service Unit management after three (3) attempts, or cannot reach an agreement with such management regarding the change in service, CONTRACTOR shall advise the City Representative, either by Fax or e-mail, of the details of the overages, and the attempts at communication with the MFD Service Unit management. The City Representative shall respond to CONTRACTOR'S report and make a final written determination. Within five (5) Work Days of receipt of the City Representative's written determination, CONTRACTOR shall change the Collection Service in accordance with such written determination. 9.02 Large Item Collection Service. This service will be governed by the following terms and conditions: 9.02.1 ConditiOns of Service. The CONTRACTOR shall provide Large Item Collection Service to all MFD Service Units in the Service Area in a manner agreed to between the CONTRACTOR and the MFD Service Unit management. The service shall be limited to the Collection of a maximum number of cubic yards of material calculated by multiplying the number of Dwelling Units in the Service Unit by three (3) cubic yards. Accordingly CONTRACTOR shall be compensated for the cost of Collecting Large Items in excess of this limitation in accordance with the "Additional Large item Collection" service rate as set forth in Exhibit 1 or as may be adjusted under the terms of this Agreement. 9.02.2 Frequency of Service. Large Item Collection Service shall be provided within seventy-two (72) hours of receipt of the request, excluding Saturdays, Sundays and Holidays, as set forth herein. Page 5 - 38 City of Dublin Collection Service Agreement 1401 1402 1403 1404 1405 1406 1407 1408 1409 1410 1411 1412 1413 1414 1415 1416 1417 1418 1419 1420 1421 .1422 1423 1424 1425 1426 1427 1428 1429 1430 1431 1432 1433 1434 1435 1436 1437 1438 1439 1440 1441 1442 1443 9.03 Used Oil and Filter Collection Service. This service will be governed by the following terms and conditions: 9.03.1 Conditions of Service. The CONTRACTOR shall provide Used Oil Collection Service to all participating MFD Service Units in the Service Area utilizing Used Oil Conta ners for the accumulation and set out of th'eir Used Oil, and Used Oil Filter Containers for the accumulation and set out of their Used Oil Filters. Used Oil Containers and Used Oil Filter Containers shall be placed in a collection box at a location that has been.agreed to by the CONTRACTOR, and management of the MFD Service Unit that will provide safe and efficient accessibility to the CONTRACTOR'S Collection crew and vehicle. 9.03.2 Frequency of Service. This service shall be provided once every week on a scheduled route basis on the same Work Day as MFD Solid Waste Collection Service. However, in those instances where the scheduled Collection day falls on a holiday as set forth in Section 3.09 herein, the Collection day will be delayed one day for the remainder of the week with normally scheduled Friday MFD Collection Services being performed on Saturday. 9.03.3 Non-Collection. CONTRACTOR shall not be required to Collect material placed in Used Oil or Used Oil Filter Containers unless the material is Used Oil or Used Oil Filters, as appropriate, and is free of contamination other than contamination normally expected to be present as a result of the use, storage or spillage of the oil or filter. In the event of non- collection, CONTRACTOR shall affix to the Used Oil or Used Oil Filter C. ontainer a Non-Collection Notice explaining why Collection was not made. Prior to the end of the Work Day, CONTRACTOR shall notify the City Representative, either by Fax or e-mail, of any non-collection occurrences. If non-collection is because the Used Oil or Filter was placed n an improper container, CONTRACTOR shall also leave Used Oil or Used Oil Filter'Containers in a number sufficient to contain the Used Oil or Used Oil Filters set out, but not exceeding Sixteen (~16) quarts, or two (2) Used Oil Filters per Dwelling Unit, along with the Non-Collection Notice. 9.03.4 Spillage. CONTRACTOR shall carry oil absorbent material on all Used Oil Collection vehicles and shall cleanup any Used Oil that spills during Collection, which has leaked from the Used Oil or Used Oil Filter Container, or which spills or leaks during the time the Used Oil or Used Oil Filter is in the Collection vehicle. 9.03.5 Used Oil and Used Oil Filter Containers. Within three (3) Work Days of receipt of request for Used Oil Collection Services, CONTRACTOR shall, at CONTRACTOR'S sole cost and expense, provide the Service Recipient or management of the MFD Service Unit with a sufficient number of .collection boxes for the storage of Used Oil and Used Oil Filters. Each collection box shall contain six (6) Used Oil Containers, three (3) Used Oil Filter Containers, and one oil funnel. 9.03.5.1 At the time CONTRACTOR Colle.cts Used Oil from a MFD Service Unit, CONTRACTOR shall, at CONTRACTORS .sole cost Page 5 - 39 Section 5 1444 1445 1446 1447 1448 1449 1450 1451 1452 1453 1454 1455 1456 1457 1458 1459 1460 1461 1462 1463 1464 1465 1466 1467 1468 1469 1470 1471 1472 1473 1474 1475 1476 1477 1478 1479 1480 1481 1482 1483 1484 1485 and expense, leave at the premises one (1) Used Oil Container for each Used Oil Container Collected and one (1) Used Oil Filter Container for each Used Oil Filter Container Collected. CONTRACTOR shall keep the outside of all Used Oil and Used Oil filter Containers clean and may re-use the containers until the condition of the container makes it inappropriate for re-use. ARTICLE 10. Commercial Collection Services 10.01 Commercial Collection Services. These services will be governed by the following terms and conditions: 10.01.1 Conditions of Service. The CONTRACTOR shall provide Commercial Solid Waste Collection Service and Commercial Recycling Service to all Commercial Service Units in the Service Area whose Solid Waste and Recyclable Material are properly containerized in bins or carts as appropriate where the bins and carts are accessible aK set forth in Section 10.01.3. CONTRACTOR shall provide Commercial Organic Collection Service to all Commercial Service Units and Commercial Organic Service Units in the Service Area whose Commercial Organic Waste is properly containerized in bins or carts as appropriate where the bins and carts are accessible as set forth in Section 10.01.3. 10.01.2 Frequency of Service. Each service shall be provided at least once every week on a scheduled route basis. However, in those instances where the scheduled.Collection day falls on a holiday as set forth in Section 3.09 herein, the Collection day will be delayed one day for the remainder of the week with normally scheduled Friday Collection Services being performed on Saturday. The size of the bin or cart and the frequency (above the minimum) of Collection shall be determined between the customer and the CONTRACTOR. However, size and frequency shall be sufficient to provide that no Solid Waste, Recyclable Material, or Commercial Organic Waste need be placed outside the bin or cart on a regular basis. 10.01.3 Accessibility. CONTRACTOR shall Collect all bins and carts that are readily accessible to the CONTRACTOR'S crew and vehicles and not blocked. However, CONTRACTOR shall provide "push services" as necessary during the provision of Commercial Collection Services. Push services shall include, but not be limited to, dismounting from the Collection vehicle, moving the bins or carts from their storage location for Collection and returning the bins or carts to their storage location. 10.01.3.1 The CONTRACTOR shall notify the City Representative daily, either by Fax or e-mail, of all situations that prevent or hinder Collection from any Commercial Service Unit. 10.01.4 Non-Collection. CONTRACTOR shall not be required to Collect any Solid Waste, Recyclable Materials, or Commercial .Organic Waste that are not placed in a bin or cart unless such Solid Waste or Recyclable Material is outside the bin or cart as a result of overflow. In the event Page 5 - 40 City of Dublin Collection Service Agreement 1486 1487 1488 1489 1490 1491 1492 1493 1494 1495 1496 1497 1498 1499 1500 1501 1502 1503 1504 1505 1506 1507 1508 1509 1510 1511 1512 1513 1514 1515 1516 1517 1518 1519 1520 1521 1522 1523 1524 1525 1526 1527 of non-collection, CONTRACTOR shall affix to the bin .or cart a Non-Collection Notice explaining why Collection was not made. CONTRACTOR shall 'maintain copies of the Non-Collection Notice during the term of this Agreement. 10.01.5 Overflow. in the case of repeated overflows of Solid Waste or Recyclable Material CONTRACTOR shall contact the Commercial Service Unit management to arrange for an appropriate change in bin or cart size, Collection frequency or both. In the event, CONTRACTOR cannot successfully contact the Commercial Service Unit management after three (3) attempts, or cannot reach an agreement with such management regarding the change in service. CONTRACTOR shall advise the City Representative, either by Fax or e-mail, of the details of the 'overages, and the attempts at communication with the Commercial Service Unit management. The City Representative shall respond to CONTRACTOR'S report and make a final written determination. Within five (5) Work Days of receipt of the City Representative's written determination, CONTRACTOR shall change the Collection Service in accordance with such written determination. ARTICLE 1 1. CITY Collection Services 11.01 CITY Collection Services. These services will be governed by the following terms and conditions: 11.01.1 Conditions of Service. The CONTRACTOR shall provide CITY Solid Waste Collection Service, CITY Recycling Service, CITY Organic Waste Collection Service and CITY Large Item Collection Service to all CITY Service Units in the Service Area where the bins and carts are a~ccessible as set forth in Section 11.01.3. 11.01.2 Frequency of Service. Each service .shall be provided at least once every week on a scheduled route basis. However, in those instances where the scheduled Collection day falls on a holiday as set forth in Section 3.09 herein, the Collection day will be delayed one day for the remainder of the week with normally scheduled Friday Collection Services being performed on Saturday, The size of the bin or cart and the frequency (above the minimum) of Collection shall be determined between the CITY and the CONTRACTOR. 11.01.3 Accessibility. CONTRACTOR shall Collect all bins and carts that are readily accessible to the CONTRACTOR'S crew and vehicles and not blocked. However, CONTRACTOR shall provide "push services" as necessary during the provision of CITY Collection Services. Push services shall include, but not be limited to, dismounting from the Collection vehicle, moving the bins or carts from their storage location for Collection and returning the bins or carts to their storage location. 11.01.3.1 The CONTRACTOR shall notify the City Representative daily, either by Fax or e-mail, of all situations that prevent or. hinder Collection from any CITY Service Unit. Page 5 - 41 Section 5 1528 1529 1530 1531 1532 1533 1534 1535 1536 1537 1538 1539 1540 1541 1542 1543 1544 1545 1546 1547 1548 1549 1550 1551 1552 1553 1554 1555 1556 1557 1558 1559 1560 1561 1562 1563 1564 1565 1566 1567 1568 1569 1570 11.02 Lar(~e Item Collection Service. This service will be governed by the following terms and conditions: 11.02.1 Conditions of Service. The CONTRACTOR shall provide Large Item Collection Service to all CITY Service Units in the Service Area whose Large Items have been placed within three (3) feet of the curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location agreed to by the CONTRACTOR and Service Recipient, that will provide safe and efficient accessibility to the CONTRACTOR'S Collection crew and vehicle The Service Recipient shall be limited to five (5) (or seven (7)) cubic yal-ds per Collection. Each CITY Service Unit in the Service Area shall be entitled to receive Large Item Collection Service up to three (3) times per Agreement Year. 11.02.2 Frequency of Service. Large Item Collection Service shall be provided within seventy-two (72) hours of receipt of the request, excluding Saturdays, Sundays and Holidays, as set forth herein. 11.03 Nei.qhborhood Clean-Up Services. 11.03.1 CONTRACTOR shall, in response to the written request of the City Representative, deliver and collect Roll-Off Containers for use in residential neighborhood clean-up programs. Each clean-up event shal consist of a single Collection day beginning at 6:00 a.m. and ending at 6:00 p.m. The City Representative shall notify CONTRACTOR in writing not less than five (5) calendar days prior to the date of the service. The notice to CONTRACTOR shall specify the date of delivery and Collection of the Roll-Off Containers, the location(s) for delivery, and the number of and size of the Roll-Off Containers to be delivered. As part of this service, CONTRACTOR shall provide on-site supervision at all times the Roll-Off Containers are available for Neighborhood Clean-Up Services At such time as the Roll-Off Container ~s full, but not later than the end of the Neighborhood Clean-Up Service day, CONTRACTOR shall transport and deliver the Collected materials to the Disposal Facility, the Materials Recovery Facility, or such other facility as is appropriate for the disposition of the materials and approved by the City Representative. 11.03.2 With the .prior written consent of -the City Representative, CONTRACTOR may provide for the Collection of materials at a Neighborhood Clean-up Service event in a vehicle or container other than a Roll- Off Container. However, in the event the CONTRACTOR elects to utilize this alternative Collection process, CONTRACTOR is responsible for obtaining documentation of the weight of the materials Collected, diverted and disposed in a manner that is acceptable to the CITY. 11.04 Collection of CITY Containers. CONTRACTOR shall provide Collection, transporting and disposal or processing service to those public solid waste, green waste or recycling containers in place or placed by the CITY on sideWalks, in parks and other City properties during the term of this Agreement. This service shall include the Collection of Frequency of Collection may be Page 5 -'42 City of Dublin Collection Service Agreement 1571 1572 1573 t574 1575 1576 1577 1578 1579 1580 1581 1582 1583 1584 1585 1586 1587 1588 1589 1590 1591 1592 1593 1594 1595 1596 1597 1598 1599 1600 1601 1602 1603 1604 1605 1606 1607 1608 1609 1610 1611 1612 1613 designated by the CITY, not to exceed seven (7) times per week per container. CONTRACTOR shall provide this service at no additional cost to CITY. 11.05 CITY Sponsored Events. CONTRACTOR shall provide solid waste collection and disposal services, recycling collection and processing services and portable toilets at up to three (3) CITY sponsored events as requested by CITY. Such services shall be provided in such a manner that all solid waste, recycling and portable toilet needs of the event are adequately and properly provided for by CONTRACTOR at no cost of any kind to the CITY. Current events and requirements are set forth on Exhibit 6, which is attached to and included in this Agreement. 11.06 HHW Drop-Off Service. CONTRACTOR shall be responsible for promoting, managing, staffing, and operating an annual drop-off event to accept Household Hazardous Waste (HHW) from residents of the City. Except as set forth in Section 11.06.3 below, all costs, including transportation, processing and disposal, related to this event shall be the responsibility of the CONTRACTOR and no additional compensation will be provided by the CITY. 11.06.1 CONTRACTOR shall prepare and pay for publication of all advertisements, and public announcements regarding the HHW event. All promotional material shall be approved by the CITY prior to release to the public. 11.06.2 The date and site of the HHW event .shall be approved by the CITY. At such events, the CONTRACTOR shall accept HHW delivered by City residents during a 7-hour period. CONTRACTOR shall provide personnel that will assist with directing traffic; verifying residency of persons delivering HHW; documenting the number of residents delivering materials; and directing residents where to unload materials. In addition, CONTRACTOR shall be responsible for managing the HHW event; supervising and directing event personnel; inspecting materials delivered to the event; separating and packaging HHW; documenting the quantity of each material type; transporting HHW to reuse, Recycling, and/or processing locations; and cleaning-up the location at the end of the event. 11.06.3 CONTRACTOR shall be prepared to accept up to Twenty (20) tons of HHW. in the event more than twenty (20) tons of HHW are collected CiTY will compensate COLLECTOR in accordance with the "HHW Additional Ton Rate as set forth on Exhibit 1. CONTRACTOR shall provide properly trained and qualified personnel to handle, unload, package and transport HHW to proper vendors for Recycling and Disposal. CONTRACTOR shall provide appropriate containers for the HHW CONTRACTOR shall make a good faith effort to minimize waiting time for residents padicipating in the HHW Drop-off event. 11.06.4 CONTRACTOR shall provide CITY with a report within thirty (30) days of the event summarizing the number of participants and the total tonnage collected by material type. Page 5 - 43 Section 5 161'4 1615 1616 1617 1618 1619 1620 1621 1622 1623 1624 1625 1626 1627 1628 1629 1630 1631 1632 1633 1634 1635 1636 1637 1638 1639 1640 1641 1642 1643 1644 1645 1646 1647 1648 1649 1650 1651 1652 1653 11.07 Abandoned Waste. CONTRACTOR shall direct its Collection vehicle drivers to note (i) the addresses of any Premises at which the driver observes that Solid Waste, Recyclable Material, and/or Organic Material is accumulating; and (ii) the address, or other location description, at which Solid Waste, Recyclable Material, and/or Organic Material has been dumped in an apparently unauthorized manner. CONTRACTOR shall deliver the address or description to CITY within three (3) Work Days of such observation. ARTICLE 12. Collection Routes 12.01 Collection Routes. Ninety (90) days prior to commencement of Collection Services, the CONTRACTOR shall provide the CITY with maps precisely defining Collection routes, together with the days and the times at which Collection shall regularly commence. To the extent possible, CONTRACTOR will provide the map data in a GIS format that is compatible with the format used by the CITY. 12.02 Subsequent Collection'Route Chanqes. The CONTRACTOR shall submit to the CITY, in writing, any proposed route change (including maps thereof) not less than sixty (60) calendar days prior to the proposed date of implementation. To the extent possible, CONTRACTOR will provide the map data in a GIS format that ~s compatible with the format used by the CITY. The CONTRACTOR shall not implement any route changes without the prior review of the City Representative. If the change will change the Collection day for a Service Recipient, the CONTRACTOR shall notify those Service Recipients in writing of route changes not less than thirty (30) days before the proposed date of inn plementation. 12.02.1 Collection Route Audits. The CITY reserves the right to conduct audits of CONTRACTOR'S Collection routes. The CONTRACTOR shall cooperate with the CITY in connection therewith, including permitting CITY employees or agents, designated by the City Representative., to ride in the Collection vehicles in order to conduct the audits. The CONTRACTOR shall have no responsibility or liability for the salary, wages, benefits or worker compensation claims of any person designated by the City Representative to conduct such aGdits. ARTICLE 13. Minimum Performance and Diversion Standards 13.01 A.qreement Extensions. In order to receive the Agreement term extension offer set forth in Article 2 of this Agreement, the CONTRACTOR must meet or exceed the following annual minimum performance and diYersion standards in each Agreement Year beginning July 1, 2006. 13.02 Performance Standards. In order to meet the minimum performance standards, liquidated damages, as set forth in Section 22 of this Page 5 - 44 City of Dublin Collection Service Agreement 1654 1655 1656 1657 1658 1659 1660 1661 1662 1663 1664 1665 1666 1667 1668 1669 1670 1671 1672 1673 1674 1675 1676 1677 1678 1679 1680 1681 1682 1683 1684 1685 1686 1687 1688 1689 1690 1691 1692 1693 1694 Agreement, assessed against the CONTRACTOR must not exceed $200,000 in any Agreement Year beginning July 1,2006. 13.03 Minimum Diversion Standards 13.03.1.1 In order to meet the minimum diversion standards, CONTRACTOR must divert fifty percent (50%) of all materials Collected under the terms of this Agreement in each Agreement Year beginning July 1, 2006. ARTICLE 14. Collection Equipment 14.01 Equipment Specifications. 14.01.1 General Provisions. All equipment used by CONTRACTOR in the performance of services under this Agreement shall be the highest quality available. The vehicles shall be designed and operated so as to prevent Collected materials from escaping from the vehicles. Hoppers shall be closed on top and on all sides with screening material to prevent Collected materials from leaking, blowing or falling from the vehicles. All trucks and containers shall be watertight and shall be operated so that liquids do not spill during Collection or in transit. 14.01.2 All SFD, MFD and Commercial Collection Service vehicles utilized by CONTRACTOR pursuant to this Agreement shall provide fully-automated SFD, MFD and Commercial Collection Service except where such service is not feasible because of topographic or other physical factors. Where fully-automated SFD and MFD Collection Service is not feasible, CONTRACTOR shall consult with the City Representative regarding the SFD, MFD or Commercial Collection Service equipment to be utilized. 14.01.3 Alternate Fuel Vehicles. (This Section' will be completed based on the proposal of the selected CONTRACTOR) As required by law, CONTRACTOR shall convert and/or retrofit its Collection vehicles and/or fuel use by utilizing the most cost-effective means to reduce air pollUtant emissions and be in full compliance with local, State and federal clean air requirements that were adopted or proposed to be adopted, including, but not -limited to, the proposed California Air Resources Board Heavy DutY Engine Standards to be contained in CCR Title 13, Section 2020 et seq; and the Federal EPA's Highway Diesel Fuel Sulfur regulations. 14.01.4 Lubricants. Except as approved in writing by the City Representative on an individual vehicle basis, CONTRACTOR sh'all utilize re-refined motor oil and re-refined hydraulic oil in all vehicles used in CONTRACTORS performance of this Agreement. 14.01.5 Large Items. Vehicles used for Collection.of Large Items shall not use compactor mechanisms or mechanical handling equipment 'that may damage reusable goods or release Freon or other gases from pressurized appliances. Page 5-45 Section 5 1695 1696 1697 1698 1699 1700 1701 1702 1703 1704 1705 1706 1707 1708 1709 1710 1711 1712 1713 1714 1715 1716 1717 1718 1719 1720 1721 1722 1723 1724 1725 1726 1727 1728 1729 1730 1731 1732 1733 1734 1735 1736 14.01.6 Safety Markinqs. All Collection equipment used by COLLECTOR shall have appropriate safety markings including, but not limited to, highway lighting, flashing and warning lights, clearance lights, and warning flags. All such safety markings shall be subject to the approval of the CITY and shall be in accordance with the requirements of the California Vehicle Code, as may be amended from time to time. 14.01.7 Vehicle Siqna.qe and Paintinq. Collection vehicles shall be painted and numbered consecutively without repetition and shall have the CONTRACTOR'S name, CONTRACTOR'S customer service telephone number, and the number of the vehicle painted in letters of contrasting color, at least four (4) inches high, on each side and the rear of each vehicle. No advertising shall be permitted other than the name of the CONTRACTOR except promotional advertisement of the Recyclable Materials and Organic Waste programs. CONTRACTOR shall repaint all vehicles (including vehicles striping) during the term of this Agreement on a frequency as necessary to maintain a positive public image as reasonably determined by the City Representative, but not less often than every thirty (30) months beginning March 1, 2006. 14.01.8 Bin Si.qna.qe, Painting, and Cleanin.q. All metal bins of any service type furnished by the CONTRACTOR shall be either painted or galvanized. All metal or plastic bins shall display the CONTRACTOR'S name, CONTRACTOR'S customer service telephone number, and the number of the bin and shall be kept in a clean and sanitary condition. Such bins as are provided by the CONTRACTOR shall be steam cleaned by the CONTRACTOR as frequently as necessary so as to maintain them in a sanitary condition. At a minimum, CONTRACTOR shall steam clean the bins once per year at CONTRACTOR'S expense. Bins will be subject to periodic, unscheduled inspections by the CITY and determination as to sanitary condition shall be made by the CITY. 14.02 Collection Vehicle Noise Level. All Collection operations shall be conducted as quietly as possible and shall conform to applicable Federal, State, County and CITY noise level regulations, including the .requirement of Chapter 5.28 of the CITY'S Municipal Code. In the event Of repeat occurrences of noise levels in excess of the limit specified in the CITY'S municipal code, CONTRACTOR shall pay liquidated damages in accordance with Section 22. 14.03 Vehicle Reaistration, Licensinq and Inspection: No later than April 1s, of each Agreement Year, CONTRACTOR shall submit documentation to the CITY Representative.to verify that each of the CONTRACTOR'S Collection vehicles is in compliance with all registration, licensing and inspection requirements of the California Highway Patrol, the California Department of Motor Vehicles, and any other applicable laws or regulations. CONTRACTOR shall not use any vehicle to perform Collection Services that is not in compliance with applicable registration, licensing and inspection requirements. Page 5 - 46 City Of Dublin Collection Service Agreement 1737 1738 1739 1740 1741 1742 1743 1744 1745 1746 1747 1748 1749 1750 1751 1752 1753 1754 1755 1756 1757 1758 1759 1760 1761 · . 1762 1763 1764 1765 1766 ! 767 1768 1769 1770 1771 1772 1773 1774 1775 1776 1777 1778 1779 14.04 Equipment Maintenance. CONTRACTOR shall maintain Collection equipment in a clean condition and in good repair at ali times. All parts and systems of the Collection equipment shall operate properly and be maintained in a condition satisfactory to CITY. CONTRACTOR shall wash all Collection vehicles at least once a week. 14.05 Maintenance Loq... CONTRACTOR shall maintain a maintenance log for all Collection vehicles. The log shall at all times be accessible to C~TY by physical inspection upon request of City Representative, and shall show, at a m~nimum, each vehicles CONTRACTOR assigned identification number, date purchased or initial lease, dates of performance of routine maintenance, dates of performance of any additional maintenance, and description of additional maintenance performed. 14.05.1 Equipment Inventory.. On or before June 1, 2005, CONTRACTOR shall provide to CiTY an inventory of Collection vehicles and major equipment used by CONTRACTOR for Collection or transportation and performance of services under this Agreement. The inventory shall indicate each Collection vehicle by CONTRACTOR assigned identification number, DMV license number, the age of the chassis and body, type of fuel used, the type and capacity of each vehicle, the number of vehicles by type, the date of acquisition, the decibel rating and the maintenance status. CONTRACTOR shall submit to the City Representative, either by Fax or e-mail, an updated inventory an'nually to the CITY or more often at the request of the City Representative. Each inventory shall also include the tare weight of each vehicle as determined by weig.hing at a public scale and not at a disposal or other facility scale used' by CONTRACTOR. Each vehicle inventory shall be accompanied by a certification signed by CONTRACTOR that all Collection vehicles meet the requirements of this Agreement. 14.05.2 Reserve Equipment. The CONTRACTOR shall have available to it, at all times, reserve Collection equipment which can be put into service and operation within one (1) hour of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by the CONTRACTOR to perform the contractual duties. 14.06 Vehicle Tare Wei.qhts. Between the time this Agreement is executed and July 1, 2005, CONTRACTOR shall have the Disposal Contractor weigh and determine the unloaded ("tare") weight of each of CONTRACTOR'S vehicles that will be used to deliver Solid Waste and other materials to the Disposal Facility. Before the July 1,2005, CONTRACTOR shall receive from the Disposal Contractor a report listing vehicle tare weight information, which shall include, at a minimum, hauler name, tare weight, vehicle identification number, and date tare weight was determined. CONTRACTOR shall, at least every two (2) years, have the Disposal Contractor reweigh and revise tare weights for all CONTRACTOR'S vehicles used to deliver Solid Waste and other materials to the Disposal Facility. Page 5 - 47 Section 5 1780 1781 1782 1783 1784 1785 1786 1787 1788 1789 179O 1791 1792 1793 1794 1795 1796 1797 1798 1799 1800 1801 1802 1803 1804 1805 1806 18O7 1808 1809 1810 1811 1812 1813 1814 1815 1816 1817 1.818 1819 14.06.1 When new vehicles are placed into service and immediate y after any significant repairs to vehicles by the CONTRACTOR, the CONTRACTOR shal HAVE THE Disposal Contractor promptly weigh such vehicles and determine the tare weight of each vehicle. Within ten (10) Working Days of weighing, CONTRACTOR shall receive from the Disposal Contractor, a report listing vehicle tare weight information. CONTRACTOR, CITY, and Disposal Contractor shall have the right to request re-tarring of vehicles up to two (2) times per year, unless there is reasonable suspicion or evidence that tare weights are not accurate, in which case, tare weights may be updated more frequently to ensure accuracy. ARTICLE 15. Contractor's Office 15.01 CONTRACTOR'S Office. The CONTRACTOR shall maintain an office in a location approved by the CITY which provides toll-free telephone access to residents of the City of Dublin. Such office shall be equipped with sufficient telephones that all Collection Service related callS received during normal business hours are answered by an employee within five (5) rings, and shall have responsible persons in charge during Collection hours and shall be open during such normal business hours, 8:00 a.m. to 6:00 p.m. on all Work Days and on those Saturdays when Collections Services are required as a result of the holiday Collection policy set forth in Section 3.09 of this Agreement. The CONTRACTOR shall provide either a telephone answenng service or 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 Work Day morning. 15.01.1 Emerqenc¥ Contact. The CONTRACTOR shall provide the City Representative with an emergency phone number where the CONTRACTOR can be reached outside of the required office hours. 15.01.2 Multilin(~ualFFDD Service. CONTRACTOR shall at all times maintain the capability of responding to telephone calls in English and such other languages as CITY may direct. CONTRACTOR shall at all times maintain the capability or responding to telephone calls through Telecommunications Device for the Deaf (TDD) Services. 15.01.3 Service RecipientCalls. During office hours, CONTRACTOR shall maintain a telephone answering system capable of accepting at least fifteen (15) incoming calls at one time. CONTRACTOR shall record all calls including any inquiries, service requests and complaints into a customer service log. 15.01.4 All incoming calls will be answered within 5' rings. Any call "on-hold" in excess of 1.5 minutes shall have the option to remain "on- hold" or to be switched to a message center where Service Recipient can leave a Page 5 - 48 City of Dublin Collection Service Agreement 1820 1821 1822 1823 1824 1825 1826 1827 1828 1829 1830 1831 1832 1833 1834 1835 1836 1837 1838 1839 1840 1841 1842 1843 1844 1845 1846 1847 1848 1849 1850 1851 1852 1853 1854 1855 1856 1857 1858 1859 1860 message. CONTRACTOR'S customer service representative shall return Service Recipient calls. For all messages left before 3:00 p.m.. all "call backs" shall be attempted a minimum of one time prior to 6:00 p.m. on the day of the call. For messages left after 3:00 p.m., all "call backs" shall be attempted a minimum of-. one time prior to noon the next Work Day. CONTRACTOR shall make minimum of three (3) attempts within twenty-four hours of the receipt of the call. If CONTRACTOR is unable to reach the Service Recipient on the next Work Day, the CONTRACTOR shall send a postcard to the Service Recipient on the second Work Day after the call was received, indicating that the CONTRACTOR has attempted to return the call. 15.01.5 Web Site. CONTRACTOR shall deve!op and maintain a web site describing services provided in the City that ~s accessible by the public. The site shall include answers to frequently asked questions, rates for Collection Services, Recyclable Materials and Organic Materials specifications, Collection Service schedule and maps, and other related topics. CONTRACTOR shall arrange for the CITY'S web site to include an e-mail link to CONTRACTOR and a link to CONTRACTOR'S web site. The CONTRACTOR'S web s, ite shall provide the public the ability to e-mail complaints to Contractor. ARTICLE 16. Other Se ices 16.01 Public Outreach and Education Services. CONTRACTOR,, at their own expense, shall prepare, submit and implement an annual (Agreement Year) Public Education and Outreach Program beyond the City's Public Education and Outreach Program. The proposed action plan must be submitted annually for CiTY approval no later than March 31st for the next Agreement Year. The program must include a minimum of four (4) campaigns per year, designed to increase diversion and resident participation. Campaigns should target certain Recyclable Materials or "problem" areas of the CONTRACTOR'S Service Area where improvements can be maximized. Targets of outreach should be based on local trends and recycling patterns based on information obtained by both the City Representative and CONTRACTOR staff. 16.01.1 Public School Education P'roa rams. CONTRACTOR shall meet with the CITY'S public school district at least two (2) times per year to inform teachers, administrators, and custodians about the recycling program(s) the CONTRACTOR is providing to the school dj. strict, as well as general concepts of source reduction, reuse, recycling and composting. 16.01.2 Recvclin.q Bins. CONTRACTOR shall offer to provide the public school district with a standardized classroom recycling bin for every classroom and office in the district that is imprinted with the Io~o of the school district and the words "Dublin Schools Recycle". To the extent that the City Representative has approved the purchase of the bins in writing, the CONTRACTOR will be reimbursed by the CITY for the cost of the bins. Page 5 - 49 Section 5 1861 1862 1863 1864 1865 1866 1867 1868 1869 1870 1871 1872 1873 1874 1875 1876 1877 1878 1879 1880 1881 1882 1883 1884 1885 1886 1887 1888 1889 1890 1891 1892 1893 1894 1895 1896 1897 1898 1899 1900 190I 1902 1903 16.01.3 Multi-Linquat Education Materials. The CONTRACTOR shall develop a multi-lingual approach to preparing all public education materials required in this Section. The multi-lingual apl:roach may emphasize use of visual images and English descriptions supplemented with text on the bottom of the public education document in different languages. CONTRACTOR shall allow the CiTY to review and approve all public education materials prior to distribution. 16.02 Web Site. CONTRACTOR shall develop and maintain a web site describing services provided in the CITY that is accessible by the public. The site shall include answers to frequently asked questions, rates for Collection Services, specifications for Recyclable Materials and Organic Waste and other related topics. CONTRACTOR shall arrange for the CITY'S web site to include an e-mail link to CONTRACTOR and a link to CONTRACTOR'S web site. The CONTRACTOR'S web site shall provide the public the ability to e-mail Complaints to CONTRACTOR. 16.03 Annual Collection Service Notice. Each calendar year during the term of this Agreement, the CONTRACTOR shall publish and distribute a notice to all SFD Service Units regarding the SFD Collection Service programs. The notice shall contain at a minimum; definitions of the materials to be Collected, procedures for setting out the materials, maps of the Service Area indicating the day that SFD Solid Waste Collection Services, Large Items Collection Service, Used Oil Collection Service, SFD Recycling Service, and SFD Organic Waste Collection Service will be provided, and the CITY customer service phone number. The notice shall be provided in English, and other languages as directed by the CITY, and shall be distributed by the CONTRACTOR no later than July 1, 2005 during the first year of the Agreement and no later than December 1st of each year thereafter. 16.04 Compost Give-Back. CONTRACTOR shall make available (up to) ten percent (10%) of the compost product (based on the volume of Organic Waste Collected) to the CITY in the following categories: (i) bulk compost'for use in CITY parks and CITY facilities; (ii) bulk compost for distribution to CiTY residents at one (1) recurring annual compost give-away event. 16.04.1 Bulk Compost for CITY. CONTRACTOR shall make available to CITY bulk compost for use in CITY parks and facilities. CITY will notify CONTRACTOR as to the CITY'S needs for delivery of finished compost throughout the Agreement Year. CONTRACTOR shall deliver compost upon request of CITY at no additional cost to CITY. If CITY does not take delivew of compost made available by CONTRACTOR within thirty (30) day.s of the end of the Agreement Year, CONTRACTOR'S obligation to deliver compost for said Agreement Year shall be deemed to be satisfied. 16.04.2 Bulk Compost for CITY Residents. CONTRACTOR shall make available bulk compost for distribution at one (1) recurring annual compost give-back event within the City of Dublin. CONTRACTOR shall work Page 5 - 50 City of Dublin Collection Service Agreement 19O4 1905 1906 1907 1908 1909 1910 1911 1912 1913 1914 1915 1916 1917 1918 1919 1920 1921 1922 1923 1924 1925 1926 1927 1928 1929 1930 1931 1932 1933 1934 1935 1936 1937 1938 1939 1940 !941 1942 1943 1944 1945 with the CITY Representative to determine the date and location of the gi~/e-back event. CONTRACTOR shall be responsible for all aspects related to pianning, managing and staffing of the compost give-back event, including a suitable location and all labor, equipment, traffic control, permits and public notification. CONTRACTOR shall supply a front-end loader vehicle to load CITY .resident pickup trucks during the compost give-back event. CONTRACTOR sl~all also provide appropriate sealable plastic bags and shovels for residents who wish to obtain small amounts of material. 16.05 Pro.qrams and Services. CONTRACTOR shall provide additional services and programs as requested by CITY at a price to be mUtually agreed upon between the CONTRACTOR and the City Representative. In the event the CONTRACTOR and the City Representative cannot reach a mutually agreed upon price for t'he requested service or program, CITY shall have the right to procure the service of other vendors or contractors to provide the requested service. 16.06 News. Media Relations. CONTRACTOR shall notify the City Representative by Fax, e-mail or phone of all requests for news media interviews related to the Collection Services program within twenty-four (24) hours of CONTRACTOR'S. receipt of the request. Before responding to any inquiries involving controversial issues or any ~ssues likely to affect participation or Service Recipient perception of services, CONTRACTOR will discuss CONTRA.CTOR'S proposed response with the City Representative. 16.06.1.1 Copies of draft news releases or proposed trade journal articles Shall be submitted to CITY for prior review and approval at least five (5) working days in advance of release, 'except where CONTRACTOR is required by any law or regulation to submit materials to any regulatory agency in a shorter period of time, in which case CONTRACTOR shall submit such materials to CITY simultaneously with CONTRACTOR'S submittal to such regulatory agency. 16.06.2 Copies of articles resulting from media interviews or news releases shall be provided to the CITY within five (5) days after publication. 16.07 Waste Generation and Characterization Studies. CONTRACTOR acknowledges that CITY must perform Solid Waste generatfon and characterization studies periodically to comply with AB 939 requirements. CONTRACTOR agrees to participate and cooperate with CITY and its agents and to perform studies and data collection exercise, as needed, to determine weights, volumes and composition of Solid Waste generated, disposed, transformed, diverted or otherwise processed to comply with AB 939. ARTICLE 17. Emergency Service Provisions I7.01 Emerqencv Services. In the event of a tornado, major storm, earthquake, fire, natural disaster, or other such event, the City Representative may grant the CONTRACTOR a variance from regular routes and schedules. As Page 5 - 51 Section 5 1946 1947 i 948 1949 1950 1951 1952 1953 1954 1955 1956 1957 1958 1959 1960 1961 1962 1963 1964 1965 1966 1967 1968 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 soon as practicable after such event, the CONTRACTOR shall advise the City Representative when it is anticipated that normal routes and schedules can be resumed. The City Representative shall make an effort through the local news media to inform the public when regular services may be resumed. The clean-up from some events may require that the CONTRACTOR hire additional equipment, employ additional personnel, or work existing personnel on overtime hours to clean debris resulting from the event. The CONTRACTOR shall receive additional compensation, above the normal compensation contained in this Agreement, to cover the costs of rental equipment, additional personnel, overtime hours and other documented expenses based on the rates set forth in Exhibit 1 to this Agreement provided the CONTRACTOR has first secured written authorization and approval from the CITY through the City Representative. ARTICLE 18. Record Keeping and Reporting Requirements 18.01 Record Keeping. 18.01.1 Accountinq Records. CONTRACTOR shall maintain full, complete and separate financial, statistical and accounting records, pertaining to cash, billing, and provisions of all Collection Services provided under this Agreement, prepared on an accrual basis n accordance with generally accepted accounting principles. Such records shall be subject to audit, copy, and inspection. Gross revenues derived from provision of the Collection Services, including revenues from the sale of Recyclable Materials, including CRV revenue or revenue from the sale of Composted Material, whether such services are performed by the CONTRACTOR or by a subcontractor or subcontractors, shall be recorded as revenues in the accounts of the CONTRACTOR. These records shall be separate and segregated from other records maintained by CONTRACTOR for the provision of other services outside the scope of this Agreement as may be provided by CONTRACTOR. CONTRACTOR shall maintain and preserve all cash, billing and disposal records for a period of not less than five (5) years following the close of each of the CONTRACTOR'S fiscal years. 18.01.2 Agreement Materials Records. CONTRACTOR shall maintain records of the quantities of (i) Residential Waste and Commercial Solid Waste Collected and disposed under the terms of this Agreement, (ii) Recyclable Materials, by type, Collected, purchased, processed, sold, donated or g~ven for no compensation, and residue disposed.. 18.01.3 Other Records. CONTRACTOR shall maintain all other records reasonably related to provision of Collection Services, whether or not specified in this Article 18 or elsewhere in the Agreement. 18.02 Reportin.q Requirements. 18.03 Due Dates. Monthly reports shall be submitted no later than twenty (20) calendar days after the end of the reporting month. Quarterly reports Page 5 - 52 City of Dublin Collection Service Agreement 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2O00 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 201-9 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 shall be submitted no later than thirty (30) calendar days after the end of the reporting quarter and annual reports shall be submitted no later than forty-five (45) calendar days after the end of each Agreement Year. Monthly, quarterly and annual reports shall be submitted in hard copy, and shall be provided electronically via e-mail or on a 3.5" IBM-compatible diskette using software acceptable to the CITY. 18.04 Monthly Reports. Monthly reports to the CITY shall include: 18.04.1 Solid Waste Data. The number of SFD, MFD, City and Commercial Service Units and the number of Garbage Bins and Carts distributed by size and Service Unit type. A listing of the actual tonnage from all Collection Services, including Large Item CollectiOn Service, Collected, diverted and disposed by the CONTRACTOR at the Disposal Facility for the preceding month sorted between SFD, MFD Commercial and CITY Service Units and between Roil~off containers and all other containers to extent practical (as required by Sections 5.07 and 5.08). All tonnage data should be com~)ared to the corresponding tonnage data from the prior year comparable period. 18.04.2 Rec¥clin.q Data. Gross tons Collected monthly on average by material type by route for SFD, MFD, City and Commercial Recycling Service, including Recyclable Materials Collected as part of Large Item Collection Service, for the preceding month. The average participation rates for each month relative to the total number of Service Units by Service Unit type. All tonnage data should be compared to the corresponding tonnage data from the prior year comparable period. 18.04.3 Or.qanic Waste Data. include average daily gross tons Collected and average daily number of set-outs, indicate average participation rates relative to the total number of Service Units in terms o,f weekly set-out counts. Indicate number of Organic Waste Bins and Carts distributed by size and Service Unit type. All tonnage data should be compared to the corresponding tonnage data from the prior year comparable period. 18.04.4 Customer Service Loq.. A copy of the customer service log, including a summary of the type and number of complaints and their resolution. Copies of a written record of all calls related to missed pickups and responses to such calls. 18.05 Quarterly Reports. Quarterly reports to the CITY shal include: 18.05.1 Monthly Data. All monthly reports in Sections 18.04.1 through 18.04.4 summarized by month and averaged for the quarter. All tonnage data should be compared to the corresponding tonnage data from the prior year comparable period. 18.05.2 Public Education And Information Activities. CONTRACTOR shall report on all public education and information 'activities undertaken during the period, including distribution of bill inserts, Collection notification tags, community information and events, school visits, tours and other Page 5 - 53 Section 5 2O3O 2031 2032 2O33 2034 2035 2036 2037 2038 2O39 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 activities related to the provision of Collection Services. This report shall discuss the impact of these activities On Recycling and Organic program participation and provide details of events and activities planned for the next period. 18.05.3 Recvclin.q and Orctanic Waste Proqrams. An analysis of any Recycling and Organic Waste Collection, processing and marketing issues or conditions occurring during the previous quarter (such as participation, .setouts, contamination, etc) and possible solutions, discussed separately for SFD, MFD, Commercial and CITY programs. 18.05.4 Customer Service Data. A summary narrative of problems encountered with Collection and processing activities and actions taken. Indicate type and number of Non-Collection Notices left at Service Recipient locations. Indicate instances of property damage or injury, significant changes in operation, market factors, publicity conducted, needs for publicity. Include description of processed material loads rejected for sale, reason for rejection and disposition of load after rejection. 18.05.5 Customer Base Data. CONTRACTOR shall provide, customer base data consisting of the number of SFD Service Units billed for additional services above the minimum service billed by the City, and the number of MFD and Commercial Service Units billed, sorted by service type, container size, number of containers and frequency of Collection. 18.05.6 Special Events. Summary of each special event activity, (City.sponsored or drop-off) including; the name and date of the event, the tonnage collected, diverted and disposed by material type, and other services provided. CONTRACTOR shall also provide information regarding the logistics of the event and suggestions for improving future events. 18.05.7 Summary of Historical and Proposed Activitie. g__=. CONTRACTOR shall provide a nan'ative of activities undertaken during the quarter and those planned or proposed activities for the upcoming quarter. 18.06 Annual Reports. The Annual report to the CITY shall include: 18.06.1 Quarterly Data. All quarterly reports in Sections 18.05.1 through 18.05.7 summarized by quarter and averaged for the year. For all annual reports beginning with the report for the second (2"°) Agreement Year, the CONTRACTOR shall include a historical Comparison of the last Agreement Year and the average of all Agreement Years. 18.06.2 Recyclin.q Data. Indicate, by material type (and grade where appropriate), the monthly totals of Recyclable Materials processed and sold including facility name and location, average price received per ton and total recycling revenue received. Indicate any quantities, by material type, donated or otherwise disbursed without compensation. Indicate number of Recycling Bins and Carts distributed by size and Service Unit type. A!so provide the total and location for residue Disposed. Page 5 - 54 City of Dublin Collection Service Agreement 2071 2O72 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2O92 2093 2094 2095 2096 2097 2O98 2O99 2100 2101 2102 2103 2104 2105 2106 21 O7 2108 2109 2110 2111 2112 18.06.3 Or.qanic Waste.. Provide the total and location for residue Disposed. 18.06.4 Special Events. Summary of each special event activity, (City sponsored or drop-off) including; the name and date of the event, the tonnage collected, diverted and disposed by material type, and other services provided. CONTRACTOR shall also provide information regarding the logistics of the event and suggestions for improving future events. For all annual reports beginning with the report for the second (2nd) Agreement Year, the CONTRACTOR shall :nclude a historical comparison of the last Agreement Year and the average of all Agreement Years. 18.06.5 Summary of Historical and Proposed Activities. CONTRACTOR shall provide a narrative of activities undertaken during the year and those planned or proposed activities for the upcoming year. CONTRACTOR shall provide information describing if the activity was undertaken in the previous Agreement Year or not and if not why it was added. For those activities that are not being continued, CONTRACTOR shall describe the reason the activity has been discontinued and the activity that is replacing it. 18.07 Additional Reportin.q. The CONTRACTOR shall furnish the CITY with any additional reports as may reasonably be required, such reports to be prepared within a reasonable time following the reporting period. ARTICLE 19. Not, discrimination 19.01 Nondiscrimination. In the performance of all work and :services under this Agreement, CONTRACTOR shall not discriminate against any person on the basis of such person's race, sex, color, national ongin, religion, marital status or sexual orientation. CONTRACTOR shall comply with all applicable local, state and federal laws and regulations regarding nondiscrimination, including those prohibiting discrimination in employment. ARTICLE 20. Worker Retention 20.01 Worker Retention. CONTRACTOR acknowledges that when Collection Services are transferred to CONTRACTOR, workers who perform services for CITY'S current contractor wi!.l be displaced from their employment. CONTRACTOR shall make a good faith effort to offer employment to ali qualified displaced workers who have been employed by the current contractor for at least one hundred twenty (120)calendar days prior' to July 1, 2005 (the "Collection Service Start-up Date"). Non-management or non-supervisory workers of the current contractor who have been employed for at least one hundred twenty (120) calendar days prior to the Collection Service Start-up Date and who would otherwise be terminated or laid off shall be considered qualified displaced workers subject to the worker retention provisions. However, CONTP, ACTOR shall not be required to create additional positions that CONTRACTOR does not need, displace any of its current employees, or modify its employee selection requirements. CONTRACTOR shall not discharge qualified displaced workers · ~ Page 5 - 55 Secdon 5 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2!25 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 for at least ninety (90) calendar days after the Collection Service Start-up Date, except for cause. Thereafter, the continued employment of qualified displaced workers shall be under the terms and conditions established for all of CONTRACTOR'S workers in the particular classification. ARTICLE 21. Service Inquiries and Complaints 21.01 CONTRACTOR'S Customer Service. All service inquiries and complaints shall be directed to the CONTRACTOR. A representative of the CONTRACTOR shall be available to receive the complaints during normal business hours. All service complaints wil be handled by the CONTRACTOR in a prompt and efficient manner. In the case of a dispute between the CONTRACTOR and a Service Recipient, the matter will be reviewed and a decision made by the City Representative. 21.01.1 The CONTRACTOR will utilize the Customer Service Log to maintain a record of all inquiries and complaints in a manner prescribed by the CITY. 21.01.2 For those complaints related to missed Collections that are received by 3:00 p.m. on a Work Day, the CONTRACTOR will return to the Service Unit address and Collect the missed materials before leaving the Service Area for the day. For those complaints related to missed Collections that are received after 3:00 p.m. on a Work Day, the CONTRACTOR shall have until the end of the following Work Day to resolve the complaint. For those complaints related to repair or replacement of carts or bins, the appropriate Sections of this Agreement shal apply 21.01.3 CONTRACTOR agrees that it is in the best interest of the CITY that all Residential Waste and Recyclable Materials be Collected on the scheduled Collection day. Accordingly, missed Collections will normally be Collected as set forth above regardless of the reason that the Collection was missed. However, in the event a Service Recipient requests missed Collection service more than two (2) times in any consecutive two (2) month period the City Representative will work with the CONTRACTOR to determine an appropriate resolution to that situation. In the event the CONTRACTOR believes any complaint to be without merit, CONTRACTOR shall notify the City Representative, either by Fax or e-mail. The City Representative will investigate all disputed complaints and render a decision. ARTICLE 22. Quality of Performance of Contractor 22.01 Intent. CONTRACTOR acknowledges and agrees that one of CITY'S primary goals in entering into this Agreement is to ensure that the Collection Services are of the highest caliber, that Service Recipient satisfaction remains at the highest level, that maximum diversion levels are achieved, and that materials Collected are put to the highest and best use to the extent possible. Page 5 - 56 City of Dublin Collection Service Agreement 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172- 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 2192 2193 2194 22.02 Service Supervisor. CONTRACTOR shall assign a ~ualified supervisor to be in charge of the Collection Service within the Service Area and shall provide the name of. that person in writing to the City Representative within thirty (30) days of the execution of this Agreement, and annually by July 1s, of each subsequent Agreement Year during the term of this Agreement, and any other time the person in that position changes. The supervisor shall be physically located in the Service Area and available to the City Representative through the use of telecommunication equipment at all times that CONTF(ACTOR is providing Collection Services. In the event the supervisor is unavailable due to illness or vacation, CONTRACTOR shall designate an acceptable substitute who shall be available and who has the authority to act in the same capacity as the supervisor. The service supervisor shall provide the CITY with an emergency phone number where the supervisor can be reached outside of normal business hours. 22.03 Liquidated Damaqes. The parties further acknowledge that consistent and reliable Collection Service is of utmost importance to CITY and that. CiTY has considered and relied on CONTRACTOR'S representations as to its quality of service commitment in awarding the Agreement to it. The parties further recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The parties further recognize that if CONTRACTOR fails to achieve the performance standards, or fails to submit required documents in a timely manner, CITY, and City's residents and businesses will suffer damages and that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages. Therefore, without prejudice to CITY'S right to treat such non- performance as an event of default under Article26, the parties agree that the liquidated damages amount defined in this Section represent reasonable estimates of the amount of such damages considering all of the circumstances existing on the effective date of this Agreement, including the relationship of the sums to the range of harm to CITY, customers and the community as a whole that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or impractical. In placing their initials at the places provided, each party specifically confirms the accuracy of the statements made above and the fact that each party has had ample opportunity to consult with legal council and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made. CITY Initial Here CONTRACTOR Initial Here Page 5-57 Section 5 2195 2196 22.03.1 CONTRACTOR agrees to pay (as liquidated damages and not as penalty) the following amounts: a. Failure or neglect to resolve each complaint within the $100.00 per incident time set forth in this Agreement. per Service Recipient b. Failure to clean up spillage or litter caused by $300.00 per incident CONTRACTOR. per location. c. Failure to repair damage to customer property caused $500.00 per incident by CONTRACTOR or its personnel, per location. d. Failure to maintain equipment in a clean, safe, and $100.00 per incident sanitary manner, per day. e. Failure to have a vehicle operator properly licensed. $500.00 per incident per day. f. Failure to maintain office hours as required by this $100.00 per incident Agreement. per day. g. Failure to maintain or timely submit to CITY all $100.00 per incident documents and reports required under the provisions per day. of this Agreement. h. Failure to properly cover materials in Collection $500.00 per incident. vehicles. i. Failure to display CONTRACTOR'S name and $100.00 per incident customer service phone number on Collection per day. vehicles. j. Failure' to comply with the hours of operation as $100.00 per incident required by this Agreement. per day. k. Failure or neglect to complete at least ninety percent $1,000.00 for each (90%) of each route on the regular scheduled route not completed. Collection Service Work Day. t. Changing routes without proper notification to the City $500.00 per incident Representative. per day. m. Commingling Residential or Commercial Solid Waste $1,000.00 per incident. with Recyclable Materials. n. Commingling of materials Collected inside and outside $1,000.00 per incident. the City of Dublin. Page 5 - 58 City of Dublin Co]iectiOn Service Agreement 2197 2198 2199 2200 2201 2202 o. :allure to repair or replace damaged carts or bins $100.00 per incident within the time required by this Agreement. )er day. ~. :ailure to deliver or exchange carts or bins within the $100.00 per incident time required by this Agreement.. ~er day. q. =allure to provide adequate primary and alternate $1,000.00 per day. capacity to accept and process Recydable Materials or Organic Waste. r. Failure to have CONTRACTOR personnel in proper $100.00 per incident uniform, per day. s. Disposal of Recyclable Materials or Organic Waste in $1,000.00 per load the Disposal Facility without first obtaining the required permission of the CITY. t. Failure to provide required communications $100.00 per .incident equipment, per day. u. Failure to deliver any Collected materials to the City $5,000 first failure approved Disposal Facility, Materials Recovery $25,000 each Facility, or Organic Waste Processing Facility, as subsequent failure appropriate, except as otherwise expressly provided in this Agreement. v. Delivery to the Disposal Facility of any ReSidential $5,000 first delivery Solid Waste Collected outside of the City boundaries $25,000 each of Dublin commingled with that Collected as part of this subsequent delivery Agreement. . w. Failure to meet the minimum diversion. requirements of Shortfall of 0.001% - this Agreement (calculated per. Agreement Year). 2%: $10,000. Shortfall of 2.001% or greater: $25,000 x. Failure to meet vehicle noise requiCements. $100.00 per incident per day. 22.04 Procedure for Review of Liquidated Damages:. The CiTY Representative may assess liquidated damages pursuant to this Article 22 on a monthly basis. At the end of each month during the term of this Agreement, the CITY Representative shall issue a written notice to CONTRACTOR ("Notice of Assessment") of the 'liquidated damages assessed and the basis 'for each assessment. Page 5 - 59 Section 5 22O3 2204 2205 2206 2207 2208 2209 2210 2211 2212 2213 2214 2215 2216 2217 2218 2219 2220 2221 2222 2223 2224 2225 2226 2227 2228 2229 2230 2231 2232 2233 2234 2235 2236 2237 2238 2239 224O 22.04.1 The assessment shall become final unless, within ten (10) calendar days of the date of the notice of assessment, CONTRACTOR provides a written request for a meeting with the City Manager to present evidence that the assessment should not be made. 22.04.2 The City Representative shall schedule a meeting between CONTRACTOR and the City Manager or the Manager's designee as soon as reasonably possible after timely receipt of CONTRACTOR'S request. 22.04.3 The Manager or the Manager's designee shall review CONTRACTOR'S evidence and render a decision sustaining or reversing the liquidated damages as soon as reasonably PoSsible after the meeting. Written notice of the decision shall be provided to CONTRACTOR. 22.04.4 In the event CONTRACTOR does not submit a written request for a meeting within ten (10) calendar days of the date of the Notice of AssesSment, the City Representative's determination shal! be final and CITY may deduct the liquidated damages from amounts otherwise due to CONTRACTOR. 22.04.5 CITY'S assessment or collection of liquidated damages shall not prevent CITY from exercising any other right or remedy, including the right to terminate this Agreement, for CONTRACTOR'S failure to perform the work and services in the manner set forth in this Agreement. ARTICLE 23. Performance Bond 23.01 Performance Bond. Within ten (10) calendar days from the date the City Council approves this Agreement, the CONTRACTOR shall furnish to the CITY, and keep current, a Performance Bond in a form as set forth in Exhibit 4 which is included in and attached to this Agreement, for the faithful performance of this Agreement and all obligations arising hereunder in an amount of one million dollars ($1,000,000). 23.01.1 The performance bond shall be executed by a surety company licensed to do business in the State of California; having an "A-" or better rating by A. M. Best or Standard and Poors; and included on the list of surety companies approved by the Treasurer of the United States. 23.02 Letter of Credit. As an alternative to the performance bond required by this, Section 23.01, at CITY'S option, CONTRACTOR may deposit with CITY an irrevocable letter of credit in an amount as set forth in Section 23,01. If allowed, the letter of credit must be issued by an FDIC insured banking institution chartered to business in the state of California, in the CITY'S name, and be callable at the discretion of the CITY. Nothing in this Section shall, in any way, obligate the CITY to accept a letter of credit in lieu of the performance bond. Page 5 - 60 City of Dublin ' Collection Service Agreement 2241 2242 2243 2244 2245 2246 2247 2248 2249 2250 2251 2252 2253 2254 2255 2256 2257 2258 2259 2260 2261 2262 2263 2264 2265 2266 2267 2268 2269 2270 2271 2272 2273 2274 2275 2276 2277 2278 2279 2280 ARTICLE 24. Insurance 24.01 Insurance Policies. CONTRACTOR shall secure and maintain throughout the term of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with CONTRACTOR'S performance of work or services under this Agreement. CONTRACTOR'S performance of work or services shall include performance by CONTRACTOR'S employees, agents, representatives and subcontractors. 24.01.1 Minimum Scope of Insurance. Insurance coverage shall be at least this broad: 24.01.1.1 Insurance Services Office Form No. GL 0002 (Ed. 1/96) covering Comprehensive General Liability and Insurance Services Office Form No. GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001), including X, C, U where applicable. 24.01.1.2 Insurance Services Office Form No. CA 0001 (Ed. 12/93) covering Automobile Liability, code I "any auto", or code 2 "owned autos" and endorsement CA 0025. Coverage shall also include.code 8, "hired autos" and code 9 "non-owned autos". 24.01.2 Workers' Compensation ~nsurance as required by the California Labor Code and Employers Liability Insurance. 24.01.3 Hazardous Waste and Environmental Impairment Liability Insurance. 24~02 Minimum Limits of Insurance. insurance limits no less than: 24.02.1 Comprehensive CONTRACTOR shall maintain General Liability: $3,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability 'nsurance with a general aggregate limit is 'used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be $5.000,000. 24.02.2 Automobile Liability: $3,000,000 combined single limit per accident for bodily injury and property damage, 24.02.3 Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the California Labor Code and Employers Liability limits of $3,000,000 per accident. 24.02.4 Hazardous Waste and Environmental Impairment Liability: $3,000,000 per occurrence. 24.03 Deductibles and Self-insured Retention. Any deductibles or self-insured retention must be declared to, and apprbved by, CITY'S Risk Manager. At the option of CITY, either: the CONTRACTiDR shall reduce or eliminate such deductibles or self-insured retention as respects CITY, Page 5 - 61 Sectior~ 5 2281 2282 2283 2284 2285 2286 2287 2288 2289 2290 2291 2292 2293 2294 2295 2296 2297 2298 2299 2300 2301 2302 2303 2304 2305 2306 2307 2308 2309 2310 2311 2312 2313 2314 2315 2316 2317 2318 2319 2320 2321 its officem, employees, agents and contractors; or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses in an amount specified by CITY'S Risk Manager. 24.04 Endorsements. The policies are to contain, or be endorsed to contain, the following provisions: 24.'04.1 General Liability and Automobile Liability Coveraqe. 24.04.1.1 The CITY, its officers, employees, agents and contractors are to be covered as additional insureds as respects: Liability arising out of activities performed by, or on behalf of, CONTRACTOR; products and completed operations of CONTRACTOR; premises owned, leased or used by CONTRACTOR; and automobiles owned, leased, hired or borrowed by CONTRACTOR. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents and contractors. 24.04.1.2 CONTRACTOR'S insurance coverage shall be primary insurance as respects CITY.. its officers, employees, agents and contractors. Any insurance, or self-insurance maintained by CITY, its officers, employees, agents or contractors shall be in excess of CONTRACTOR'S insurance and shall not contribute with it. 24.04.1.3 Any failure to comply with reporting provisions of the policies shall not affect coverage provided to CITY, its officers, employees, agents, or contractors. 24.04.1.4 Coverage shall state that CONTRACTOR'S insurance shall apply separately to each insured against whom claim is made or suit .is brought, except with respect to the limits of the insurer's liability. 24.04.2 All Coveraqe. Each insurance poticy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced in limits except after thirty (30) calendar days prior written notice has been given to CITY. 24.05 Acceptability of insurers. Insurance is to be placed with insurers acceptable to CITY'S Risk Manager. 24.06 Verification of Coveraqe. CONTRACTOR shall furnish CITY with certificates of insurance and with original endorsements affecting coverage required by this Agreement. The certificates and endorsement for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. CONTRACTOR shall furnish CITY with a new certificate of insurance and endorsements on each renewal of coverage or change of insurers. 24.06.1 Proof of insurance shall be mailed to the following address or any subsequent address as may be directed, in writing by the CITY'S Risk Manager: Page 5 - 62 City of Dublin Collection Service Agreement 2322 2323 2324 2325 2326 2327 2328 2329 2330' 2331 2332 2333 2334 2335 2336 2337 2338 2339 2340 2341 2342 2343 2344 2345 2346 2347 2348 2349 2350 2351 2352 2353 2354 2355 2356 2357 2358 2359 2360 2361 2362 2363 2364 CITY OF DUBLIN Risk Management 100 Civic Plaza Dublin, CA 94568 24.07 Subcontractors. CONTRACTOR shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. 24.08 Modification of insurance Requirements. The insurance requirements provided in this Agreement may be modified or waived by CITY'S Risk Manager, 'in writing, upon the request of CONTRACTOR if the CITY'S Risk Manager determines such modification or waiver is in [he best interest of CITY considering all relevant factors, including exposure to CITY. 24.09 Ri.qhts of Subroqation. All required insurance policies shall preclude any underwriter's rights of recovery or subrogation against CITY with the express intention of the parties being that the required insurance coverage protects both parties as the primary coverage for any and all losses covered 'by the above-described insurance. CONTRACTOR shall ensure that any companies issuing insurance to cover the requirements contained in this Agreement agree that they shall have no recourse against CITY for payment or assessments in any form on any policy of insurance. The clauses 'Other Insurance Provisions' and 'Insured Duties in the Event of an Occurrence, Claim or Suit' as it appears in any policy of insurance in which CITY is named as an additional insur~8'shall not apply to CITY. ARTICLE 25, ndemnification 25..01 Indemnification. CONTRACTOR shall indemnify and hold harmless CITY, CITY'S contractors, and the public officials, officers, directors, employees, agents and other contractors of each of them, from and against any and all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals as well as all Court or other dispute resolution costs), liabilities, expenditures or causes of aCtion of any kind (including negligent, reckless, willful or intentional acts or omissions of the CONTRACTOR, any subcontractor, any supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any services or anyone for whose acts any of them may be liable), arising from, relative to or caused by the performance of the services. This indemnity includes but is not limited to claims attributable to bodily injury, personal injury, sickness, disease or death and to injury or destruction of properly. CONTRACTOR agrees, at CONTRACTOR'S expense, after written notice from the C~TY, to defend any action against the CITY that falls within the scope of this indemnity, or the CITY, at the CITY'S option, may elect not to tender such defense and may elect instead to secure its own attorneys to defend any such action and the reasonable costs and expenses of such attorneys incurred in defending such action shall be payable by CONTRACTOR. Additionally, if CONTRACTOR, after Page 5 - 63 Section 5 2365 2366 2367 2368 2369 2370 2371 2372 2373 2374 2375 2376 2377 2378 2379 2380 2381 2382 2383 2384 2385 2386 2387 2388 2389 2390 2391 2392 2393 2394 2395 2396 2397 2398 2399 2400 2401 2402 2403 2404 2405 2406 2407 receipt of written notice from the CITY, fails to make any payment due' under this Agreement to the CITY, CONTRACTOR shall pay .any reasonable attorneys' fees or costs incurred by the CITY in securing any such payment from CONTRACTOR. Payment of any amount due .pursuant to the foregoing indemnity Shall, after receipt of written notice by CONTRACTOR from the CITY that such amount is due, be made by CONTRACTOR prior to the CITY being required to pay same, or in the alternative, the CITY, at the CITY'S option, may make payment of an amount so due and CONTRACTOR shall promptly reimburse the CITY for same, together with interest thereon at the rate of 12% per annum simple interest from the date of receipt by CONTRACTOR of written notice from the CiTY that such payment is due. 25.02 CONTRACTOR agrees to protect and defend CITY with counsel selected by CONTRACTOR and approved by CITY, to pay all. attorneys' fees, and to indemnify and hold CITY harmless from and against all fines or penalties imposed by the California Integrated Waste Management Board if the diversion goals sPecified in California Public Resources Code Section 41780 as of the date hereof and hereafter throughout are not met by the CITY with respect to the Materials Collected by CONTRACTOR and if the lack in meeting such goals are attributable to the failure of the CONTRACTOR to implement and operate the recycling or diversion programs or undertake the related activities required by this Agreement. 25.03 Consideration. It is specifically understood and agreed that the consideration inuring to the CONTRACTOR for the execution of this Agreement consists of the promises, payments, covenants, rights and responsibilities contained in this Agreement. 25.04 Obli.qation. The execution of this Agreement by the CONTRACTOR shall obligate the CONTRACTOR to comply with the foregoing indemnification provision; however, the collateral obligation of providing insurance must also be complied with as set forth in Article 24 above. 25.05 Subcontractors. The CONTRACTOR shall require ail subcontractors to enter into a Agreement containing the provisions set forth in the preceding subsection i[~ which Agreement the subcontractor fully indemnifies the CITY in accordance with this Agreement. 25.06 Exception. Notwithstanding Sections 25.01, 25.02 and 25.03, CONTRACTOR'S obligation to indemnify, hold harmless and defend CITY, its officers and employees shall not extend to any loss, liability, penalty, plain, damage, action or suit arising or resulting from acts or omissions constituting willful misconduct or sole negligence on the part of the CITY its officers or employees. 25.07 Damaqe by CONTRACTOR. If CONTRACTOR'S employees or subcontractors cause any injury, damage or loss to CITY property, including but not limited to CITY streets or curbs, CONTRACTOR shall reimburse CITY for CITY'S cost of repairing such injury, damage or loss. Such reimbursement is not Page 5 - 64 City of Dublin Collection Service Agreement 2408 2409 2410 2411 2412 2413 2414 2415 2416 2417 2418 2419 2420 2421 2422 2423 2424 2425 2426 2427 2428 2429 2430 2431 2432 2433 2434 2435 2436 2437 2438 2439 2440 2441 2442 2443 2444 2445 2446 2447 2448 2449 in derogati0r~"of any right of CITY to be indemnified by CONTRACTOR for any such injury, damage or loss. With the prior written approval of CITY, CONTRACTOR may repair the damage at CONTRACTORS sole cost and expense. ARTICLE 26. Default of Contract 26.01 Termination. The CITY may cancel this Agreement, except as otherwise provided below in this Section, by giving the CONTRACTOR thirty (30) calendar days advance written notice, to be served as provided in Article 42, upon the happening of any one of the following events: 26.01.1 The CONTRACTOR shall take the benefit of any present or future insolvency statute, or shall make a general assignmerit for the benefit of creditors, or file a voluntary petition in bankruptcy (court) or a petition or answer seeking an arrangement for its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any other law or statute of the United States or any state thereof, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; or 26.01.2 By order or decree of a Court, the CONTRACTOR shall be adjudged bankrupt or an order shall De made approving a petition flied by any of its creditors or by any of the stockholders of the CONTRACTOR, seeking its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law or statute of the United States or of any state thereof, provided that if any such judgment or order is stayed or vacated within sixty (60) calendar days after the entry thereof, any notice of default shall be and become null, void and of no effect; unless such stayed judgment or order is reinstated in which case, said default shall be deemed immediate; or 26.01.2.1 By, or pursuant to, or under the authority of any legislative act, resolution or rule or any order or decree of any Court or governmental board, agency or officer having jurisdiction, a rece ver, trustee or liquidator shall take possession or control of all or substantially all of the property of the CONTRACTOR, and such possession or control shall continue in effect for a period of sixty (60) calendar days; or 26.01.3 The CONTRACTOR has defaulted, by failing or refusing to pay in a timely manner the administrative charges or other monies due the CITY and said default is not cured within thirty (30) calendar days of receipt of written notice by CITY to do so; or 26.01.4 The CONTRACTOR has defaulted by allowing any final judgment for the payment of money to stand against it unsatisfied and said default is not cured within thirty (30) calendar days of receipt of written notice by CITY to do so; or 26.01.5 In the event that the monies due the CITY under Section 26.01.3 above or an unsatisfied final judgment under Section 26.01.4 Page5-65 Section 5 245O 2451 2452 2453 2454 2455 2456 2457 2458 2459 2460 2461 2462 2463 2464 2465 2466 2467 2468 2469 2470 2471 2472 2473 2474 2475 2476 2477 2478 2479 2480 2481 2482 2483 2484 2485 2486 2487 2488 2489 2490 2491 2492 2493 2494 above is the subject of a judicial proceeding, the CONTRACTOR shall not be in default if the sum of money is bonded. All bonds shall be in the form acceptable to the CITY Attorney; or 26.01.6' The CONTRACTOR .has defaulted, by failing or refusing to perform or observe the terms, conditions or covenants in this Agreement or any of the rules and regulations promulgated by the CITY pursuant thereto or has wrongfully failed or refused to comply with the instructions of the City Representative relative thereto and said default is not cured within thirty (30) calendar days of receipt of written notice by the CITY to do so, or if by. reason of the nature of such default, the same cannot be remedied within thirty (30) calendar days following receipt by the CONTRACTOR of written demand from the CITY to do so, the CONTRACTOR fails to commence the remedy of such default within said thirty (30) calendar days following such written notice or having so commenced shall fail thereafter to continue with diligence the curing thereof (with the CONTRACTOR having the burden of proof to demonstrate (a)that the default cannot be cured within thirty (30) calendar days, and (b)that it is proceeding with diligence to cure said default, and such default will be cured within a reasonable period of time). However, notwithstanding anything contained herein to the contrary, for the failure of the CONTRACTOR to provide Collection Services for a period of three (3) consecutive Work Days, on the fourth (4th) Work Day the CITY may secure the CONTRACTOR'S land, equipment, recordS and other property used or useful in providing Collection Services under this Agreement in order to provide interim Collection services until such time as the matter is resolved and the CONTRACTOR is again able to perform pursuant to this Agreement; provided, however, if the CONTRACTOR is unable for any reason or cause to reSume performance at the end of thirty (30) calendar days all liability of the CITY under this Agreement to the CONTRACTOR shall cease and this Agreement may be deemed terminated by the CITY. 26.02 Violations. Notwithstanding the foregoing and as supplemental and additional means of termination of this Agreement under this Article, in the event that the CONTRACTOR'S record of performance show that the CONTRACTOR has frequently, regularly or repetitively defaulted in the perCormance of any of the covenants and conditions required herein to be kept and performed by the CONTRACTOR, in the opinion of the CITY and regardless of whether the CONTRACTOR has corrected each individual condition of default, the CONTRACTOR shall be deemed a "habitual violator", shall be deemed to have waived the right to any further notice or grace period to correct, and all of said defaults shall be considered cumulative and collectively shall constitute a condition of irredeemable default. The CITY shall thereupon issue the CONTRACTOR a final warning citing the circumstances therefore, and any single default by the CONTRACTOR of whatever nature, subsequent to the occurren.ce of the last of said cumulative defaults, shall be grounds for immediate termination of the Agreement. In the event of any such subsequent default, the CITY may terminate this Agreement upon giving of written final notice to the CONTRACTOR, such cancellation to be effective upon the date specified in the Page 5 - 66 City of Dublin Collection Service Agreement 2495' 2496 2497 2498 2499 2500 2501 2502 2503 2504 2505 2506 2507 2508 2509 2510 2511 2512 2513 2514 2515 2516 -2517 2518 2519 252O 2521 2522 2523 2524 2525 2526 2527 2528 2529 2530 2531 2532 2533 2534 2535 2536 2537 CITY'S written notice to the CONTRACTOR, and all contractual fees due hereunder plus any and all charges and interest shall be payable to said date, and the CONTRACTOR shall have no further rights hereunder. Immediately upon the specified date in such final notice the CONTRACTOR shall proceed to cease any further performance under this Agreement. 26.03 Effective Date. In the event of the aforesaid events sPecified above, and except as otherwise provided in said subsections, termination shall be effective upon the date specified in the CITY'S written notice to the CONTRACTOR and upon said date this Agreement shall be deemed immediately terminated and upon such termination all liability of the CITY under this Agreement to the CONTRACTOR shall cease, and the CITY shall have the right to call the performance bond and shall be free to negotiate with other contractors for the operation of the herein specified services. The CONTRACTOR for failure to perform shall reimburse the CITY all di?ct and indirect costs of providing interim Collection Services. 26.04 Immediate Termination. CiTY may terminate this Agreement immediately upon written notice to CONTRACTOR in the event CONTRACTOR fails to provide and maintain the performance bond as required by this Agreement, CONTRACTOR fails to obtain or maintain insurance policies endorsements as required by this Agreement, CONTRACTOR fails to provide the- proof of insurance as required by this Agreement, or CONTRACTOR offers or gives any gift prohibited by CITY administrative policy. 26.05 Termination Cumulative. CITY'S right to terminate this ACreement is cumulative to any other rights and remedies provided by law or by this Agreement. ARTICLE 27. Modifications to the Agreement 27.01 Aqreement Modifications and Chan.qes in Law,. The CITY and the CONTRACTOR understand and agree that the California Legislature' has the authority to maKe comprehensive changes in Solid Waste Management legislation and that these and other changes in ~aw in the future which mandate certain actions or programs for counties or municipalities may require changes or modifications in some of the terms, conditions or obligations under this Agreement. The CONTRACTOR agrees that the terms and provisions of the City of Dublin Municipal Code, as it now exists or as it may be amended in the future, shall apply to all of the provisions of this Agreement and the Service Recipients of the CONTRACTOR located within the Service Area. In the event any future change in law, modifications to the City Code, or directed changes by'the CITY materially alters the obligations of the CONTRACTOR, then the affected compensation and service rates, as established in Exhibit 1 of this A~reement shall be adjusted. Nothing co'ntained in this Agreement shall require any party to perform any act or function contrary to law. The CITY and CONTRACTOR agree to enter into good faith negotiations regarding modifications to this Agreement which may be required in order to implement changes in the interest of the public Page 5 - 67 Sectior~ 5 2538 2539 2540 2541 2542 2543 2544 2545 2546 2547 2548 2549 2550 2551 2552 2553 2554 2555 2556 2557 2558 2559 2560 2561 2562 2563 2564 2565 2566 2567 2568 2569 2570 2571 2572 2573 2574 2575 2576 welfare or due to change in law. When such modifications are made to this Agreement, the CITY and the CONTRACTOR shall negotiate in good faith, a reasonable and appropriate compensation adjustment for any increase or decrease in the services or other obligations required of the CONTRACTOR due to any modification in the Agreement under this Article. The CITY and the CONTRACTOR shall not unreasonably withhold agreement to such compensation adjustment. ARTICLE 28. Legal Representation 28.01 Acknowledqement. It is acknowledged that each party was, or had the opportunity to be, represented by counsel in the preparation of and contributed equally to the terms and conditions of this Agreement and, accordingly, the rule that a Agreement shall be interpreted strictly against the party preparing the same shall not apply herein due to the joint contributions of both parties. ARTICLE 29. Financial Interest 29.01 Representation. CONTRACTOR warrants and represents that no elected official, officer, agent or employee of the CITY has a financial interest, directly or indirectly, in this Agreement the compensation to be paid under it and, further, that no CITY employee who acts in the CITY as a "purchasing agent" as defined in the appropriate Section of California Statutes, nor any elected or appointed officer of the CITY, nor any spouse or child of such purchasing agent, employee or elected or appointed officer, is a partner, officer, director or proprietor of the CONTRACTOR and, further, that no such CITY employee, purchasing agent, CITY elected or appointed officer, or the spouse or child of any of them, alone or in combination, has a material interest in the CONTRACTOR. Material interest means direct or indirect ownership of more than five percent (5%) of the total assets or capital stock of the CONTRACTOR. ARTICLE 30. Contractor's Personnel 30.01 Personnel Requirements. The CONTRACTOR shall employ and assign qualified personnel to perform all services set forth herein. The CONTRACTOR shall be responsible for ensuring that its employees comply with all applicable laws and regulations and meet all federal, state and local requirements related to their employment and position. 30.01.1 The CITY may request the transfer of any employee of the CONTRACTOR who materially violates any provision hereof, or who is wanton, negligent, or discourteous in the performance of his duties. 30.01.2 CONTRACTOR'S field operations personnel shall be required to wear a clean uniform shirt bearing the CONTRACTOR'S name. CONTRACTOR'S employees, who normally come into direct contact with the Page 5 - 68 City of Dublin Collection Service Agreement 2577 2578 2579 2580 2581 2582 2583 2584 2585 2586 2587 2588 2589 259O 2591 2592 2593 2594 2595 2596 2597 2598 2599 2600 2601 2602 2603 2604 2605 2606 2607 2608 2609 2610 2611 2612 2613 2614 2615 public, including "drivers, shall bear some means of individual photographic identification such as a name tag or identification card. 30.01.3 Each driver of a Collection vehicle shall at all times carry a valid California driver's license and all other required licenses for the type of vehicle that is being operated. 30.01.4 Each driver of a Collection vehicle shall at 'all times comply with all applicable state and federal laws, regulations and requirements. 30.01.5 CONTRACTOR'S employees, officers, and agents shall at no time be a lowed to identify themselves or in any way represent themselves as being employees of the CITY. 30.'01.6 The CONTRACTOR'S name and the Customer Service telephone number shall be properly displayed on all Collection vehicles. ARTICLE 31. Exempt Waste 31.01 The CONTRACTOR shall not be required to Collect or dispose of Exempt Waste, but may offer such services. All such Collection and disposal of Exempt Waste is not regulated under this Agreement, but if provided by the CONTRACTOR shall be in strict compliance with all federal, state and local laws and regulations. ARTICLE 32. Independent Contractor 32.01 In the performance of services pursuant to this Agreement, CONTRACTOR shall be an independent contractor and not an office, r, agent, servant or employee of CITY. CONTRACTOR shall have exclusive control of the details of the services and work performed and over all persons performing such services and work. CONTRACTOR shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontr, actors, if any. Neither CONTRACTOR nor its officers, employees, agents, contractors or subcontractors shall obtain any right to retirement benefits, Workers Compensation benefits, or any other benefits which accrued to CITY employees and CONTRACTOR expressly waives any claim it may have or acquire to such benefits. ARTICLE 33. Laws to Govern 33.01 The law of the State of California shall govern the rights, obligations, duties and liabilities of CITY and CONTRACTOR under this Agreement and shall govern the interpretation of this Agreement. ARTICLE 34. Consent to Jurisdiction 34.01 The parties agreed that any litigation between CiTY and CONTRACTOR concerning or arising out of this Agreement shall be filed and maintained exclusively in the Municipal or Superior Courts of Alameda County, State of California, or in the united States District Cour~ for the Northern District Page 5-69 Section 5 2616 2617 2618 2619 2620 2621 2622 2623 2624 2625 2626 2627 2628 2629 2630 2631 2632 2633 2634 2635 2636 2637 2638 2639 2640 2641 2642 2643 2644 2645 2646 2647 2648 2649 2650 2651 2652 2653 2654 2655 of California to the fullest extent permissible by law. Each party consents to service of process in any manner authorized by California taw. ARTICLE 35. Assignment 35.01 No assignment of this Agreement or any right occurring under this Agreement shall be made in whole or in part by the CONTRACTOR without the express written consent of the CITY. The CiTY shall have full discretion to approve or deny, with or without cause, any proposed or actual assignment by the CONTRACTOR. Any assignment of this Agreement made by the CONTRACTOR without the express written consent of the CITY shall be nul and void and shall be grounds for the CITY to declare a default of this Agreement and immediately terminate this Agreement by giving written notice to the CONTRACTOR, and upon the date of such notice this Agreement shall be deemed immediately terminated, and upon such termination all liability of the CITY under this Agreement to the CONTRACTOR shall cease, and the CITY shall have the right to call the performance bond and shall be free to negotiate with other contractors, the CONTRACTOR, or any other person or company for the service which is the subject of this Agreement. In the event of any assignment, the assignee shall fully assume all the liabilities of the CONTRACTOR. 35.02 The use of a subcontractor to perform services under this Agreement shall not constitute delegation of CONTRACTOR'S duties provided that CONTRACTOR has received prior written authorization from the City Representative to subcontract such services and the City Representative has approved a subcontractor who will perform such services. CONTRACTOR shall be responsible for directing the work of CONTRACTOR'S subcontractors and any compensation due or payable to CONTRACTOR'S subcontractor shall be the sole responsibility of CONTRACTOR. The City Representative shall have the right to require the removal of any approved subcontractor for reasonable cause. The subcontractors listed in Exhibit 5, which is attached to and incorporated in this Agreement, are hereby approved by the CITY. ARTICLE 36. Compliance with Laws 36.01 in the performance of this Agreement, CONTRACTOR shall comply with all applicable laws, regulations, ordinances and codes Of the federal, state and local governments, including without limitation the Charter of the City of Dublin and the Dublin Municipal Code. 36.02 CiTY shall provide written notice to CONTRACTOR of any planned amendment to Chapter 5.32 of the Dublin Municipal Code that would substantially affect the performance of CONTRACTOR'S services pursuant to this Agreement. Such notice shall be provided at least thirty (30) calendar days prior to the City Council's approval of such an amendment. Page 5 - 70 City of Dublin Collection Service Agreement 2656 2657 2658 2659 2660 2661 2662 2663 2664 2665 2666 2667 2668 2669 2670 2671 2672 2673. 2674 2675 2676 2677 2678 2679 2680 2681 2682 2683 2684 2685 2686 2687 2688 2689 2690 2691 2692 2693 ARTICLE 37. Permits and Licenses 37.01 CONTRACTOR shall obtain, at its own expense, all permits and licenses required by law or ordinance and maintain same in full force a,nd effect throughout the term of this Agreement. CONTRACTOR shall provide proof of such permits, licenses or approvals and shall demonstrate compliance with the terms and conditions of such permits, licenses and approvals upon the.request of the City Representative. ARTICLE 38. Ownership of Written Materials. 38.01 All reports, documents, brochures, public education materials, and other written, printed, electronic or photographic materials developed by CITY or CONTRACTOR in connection with the services to be performed under this Agreement, whether developed directly or indirectly by CITY or CONTRACTOR shall be and shall remain the property of CITY without limitation or restrictions on the use of such materials by CITY. CONTRACTOR shall not use such materials in connection with any project not connected with this Agreement without the prior written consent of the City Representative. This Article 38 does not, apply to ideas or concepts described in such materials and do not apply to the format of such materials. ARTICLE 39. Waiver 39.01 Waiver by CITY or CONTRACTOR of any breach for violation of any term covenant or condition of this Agreement shall not be deemed to be a waiver of any other term. covenant or condition or any subsequent breach or violation of the same or of any other term, covenant or condition. The subsequent acceptance by C~TY of any fee, tax, or any other monies which may become due from CONTRACTOR to CITY shall not be deemed to be a waiver by CITY of any breach for violation of any term, covenant or condition of this Agreement. ARTICLE 40, Prohibition Against Gifts 40.01 CONTRACTOR represents that CONTRACTOR is familiar with CITY'S prohibition against the acceptance of any gift by a CITY officer or designated employee. CONTRACTOR shall not offer any CITY officer or designated employee any gifts prohibited by the CITY. ARTICLE 41. Point of Contact 41.01 The day-to-day dealings between the CONTRACTOR. and the CITY shall be between the CONTRACTOR and the City Representative. ARTICLE 42. Notices 42.01 Except as provided herein, whenever either party desires to give notice to the other, it must be given by written notice addressed to the party for Page 5 - 71 Section 5 2694 2695 2696 2697' 2698 2699 2700 2701 2702 2703 2704 2705 2706 2707 2708 2709 2710 2711 2712 2713 2714 2715 2716 2717 2718 2719 2720 2721 2722 2723 2724 2725 2726 2727 2728 2729 2730 2731 2732 2733 2734 whom it is intended, at the place last specified and to the place for giving of notice ~n compliance with the prowsions of this paragraph. For the present, the parties designate the following as the respective persons and places for giving of notice: As to the CITY: City Representative Jason A. Behrmann Senior Administrative Analyst 100 CMc Plaza Dublin, CA 94568 Telephone: (925) 833-6650 Fax: (925) 833-6651 E-Mail jason.behrmann @ci.dubiin.ca.us As to the CONTRACTOR: ('to be completed...) 42.02 Notices shall be effective when received at the address as specified above. Changes in the respective address to which such notice is to be directed may be made by written notice. Facsimile transmission is acceptable notice, effective when received, however, facsimile transmissions received (i.e. printed) after 4:30 p.m. or on weekends or holidays, will be deemed received on the next business day. The original of items that are transmitted by facsimile equipment must also be mailed as required herein. 42.03 Notice by CITY to CONTRACTOR of a Collection or other Service Recipient problem or complaint may be g~ven to CONTRACTOR orally by telephone at CONTRACTOR'S local office with confirmation sent to CONTRACTOR through the Customer Service System by the end of the Work Day. ARTICLE 43. Transition to Next Contractor 43.01 In the event CONTRACTOR is not awarded an Agreement to continue to provide Collection Se,wices following the expiration or early termination of this Agreement, CONTRACTOR shall cooperate fully with CITY and any subsequent contractors to assure a smooth transition of services described in this Agreement. Such cooperation shall include but not be limited to transfer of computer data, files and tapes; providing routing information, route maps, vehicle fleet information, and list of Service Recipients; providing a complete inventory of all carts and bins; providing adequate labor and equipment to complete performance of all Collection Services required under this Agreement; taking all actions necessary to transfer ownership of carts and bins, as appropriate, to CITY; including transportir~g such containers to a location designated by the City Representative; coordinating Collection of materials set out in new containers if new containers are provided for a subsequent Agreement and providing other reports and data required by this Agreement. Page 5 - 72 City of Dublin C:ol~ection S~rv~ce Agreernen~ 2735 2736 2737 2738 2739 2740 2741 2742 2743 2744 2745 2746 2747 2748 2749 2750 2751 2752 2753 2754 2755 2756 2757 2758 2759 2760 2761 2762 2763 2764 2765 2766 2767 2768 2769 2770 2771 2772 2773 ARTICLE 44. Contractor's Records 44.01 CONTRACTOR shall maintain any and all letters, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to Service Recipients for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to CONTRACTOR pursuant to this Agreement. 44.02 CONTRACTOR shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Ag reement. 44.03 Any records or documents required to be maintained pursuant to this Agreement 'shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Representative, the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to CITY for inspection at the CITY offices when it is practical to do so. Otherwise, unless an alternative site is mutually agreed upon, the records shall be available at CONTRACTOR'S address indicated for receipt of notices in this Agreement. 44.04 Where CITY has reason to believe that such records or documents may be lost or discarded due to the dissolution, disbandment or termination of CONTRACTOR'S bus~ness, CITY may, by written request or demand of any of the above named officers, require that custody of the records be given to CITY and that the records and documents be maintained in ~ity Hall. Access to such records and documents shall be granted to any party authorized by CONTRACTOR, CONTRACTOR'S representatives, or CONTRACTOR'S successor-in-interest. ARTICLE 45. Entire Agreement 45.01 This Agreement and the Exhibits attached hereto constitute the entire Agreement and understanding between the parties hereto, and it shall not be considered modified, altered, changed or amended in any respect unless in writing and signed by the parties hereto. ARTICLE 46. Severability 46.01 If any provision of this Agreement or the application of it to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected, shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. Page 5 - 73 Section 5 2774 2775 2776 2777 2778 2779 2780 2781 2782 2783 2784 2785 2786 2787 2788 2789 2790 2791 2792 2793 2794 2795 2796 2797 2798 2799 2800 2801 2802 ARTICLE 47. Right to Require Performance 47.01 The failure of the CITY at any time to require performance by the CONTRACTOR of any provision hereof shall in no way affect the right of the CITY thereafter to enforce same. Nor shall waiver by the CITY of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. ARTICLE 48. All Prior Agreements Superseded 48.01 This document incorporates and includes all prior negotiations, correspondence, conversations, Agreements, Contracts and understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments, Agreements Contracts or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be predicated upon any prior representations, Agreements or Contracts, whether oral or written. ARTICLE 49. Headings 49.01 Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. ARTICLE 50. Exhibits 50.01 Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Each such Exhibit is a part of this Agreement and each is incorporated by this reference. ARTICLE 51. Effective Date 51.01 This Agreement shall become effective at such time as it is properly executed by the CITY and the CONTRACTOR and the CONTRACTOR shall begin Services, as covered herein, as of July t, 2005. IN WITNESS WHEREOF, the CITY and the CONTRACTOR have executed this Agreement on the respective date(s) below each signature Page 5 - 74 City of Dublin Collection Service Agreement 2802 2803 2804 2805 2806 2807 2808 2809 2810 2811 2812 2813 2814 2815 2816 2817 CITY OF DUBLIN A Municipal Corporation By: Title: Name ATTEST: APPROVED AS TO FORM City Attorney By: CONTRACTOR By: Title: Chairman of the. Board, President, Vice President By: Name Title: Secretary, Assistant Secretary, Financial Officer, Asst. -treasurer Page 5 - 75 Sectior~ 5 2817 This Page Intentionally Left Blank Page 5 - 76 City of Dublin Collection Service Agreement 2826 EXHIBITS Page 5 - 77 Section 5 2827 Exhibit 1 2828 City of Dublin, CA 2829 COMPENSATION AND RATES CONTRACTOR Compensation Agreement Year 1 1. Collection Compensation Element $ 2. Disposal Compensation Tonnage Tons 3. Disposal Tipping Fee $ 4. Disposal Compensation Element $ 5. Container Compensation Element $ 6. Fee Compensation Element $ 7. Total $ 2830 To be completed based on CONTRACTOR'S proposal Page 5 - 78 City of Dublin Collection Service Agreement 2831 2832 2833 2834 2835 2836 2837 2838 2839 2840 2841 2842 2843 2844 2845 2846 2847 2848 2849 2850 2851 2852 Exhibit I (Cont) City of Dublin, CA COMPENSATION AND RATES Service Rates (to be completed by CITY) RESIDENTIAL RATES Minimum SFD Collection Service Rate: Applies separately to each single family unit as well as each unit within a duplex or other attached housing, which receives individual SFD Collection Service. The rate applies to the Minimum SFD Collection Service level set forth in Section 4.01.1 of the Agreement. All containers are provided by the CONTRACTOR. Minimum SFD Collection Service Monthly Rate: $ 0.00 Additional Capacity: Residents may select a larger Garbage Cart for an additional fee which is shown below: 64 Gallon Garbage Cart: Additional Monthly Rate $ 0.00 96 Gallon Garbage Cart: Additional Monthly Rate $ 0.00 Special Residential Services Additional Large Item Collection Service: $ 00.00 per cubic yard COMMERCIAL AND MULTI-FAMILY BIN SERVICES (FRONT-END LOADER) Commercial Cart Service: Offered at locations unable to accommodate a commercial bin or with volumes deemed insufficient to utilize a commercial bin. Monthly rate includes Cart rental and once per week collection and disposal. 35 Gallon Cart: $ 0.00 64 Gallon Cart: $ 0.00. 96 Gallon Cart: $ 0.00 Total Monthly Rate $ 0.00 Total Monthly Rate $ 0.00 Page 5 - 79 Section 5 2853 2854 2855 2856 2857 2858 2859 286O 2861 2862 2863 2864 2865 2866 2867 2868 Exhibit 1 (Cont) City of Dublin, CA COMPENSATION AND RATES Service Rates (to be completed by CITY) BIN SERVICE RATES Rates shown on the following page are monthly rates based upon bin size and frequency of service. Rates include collection, disposal, and bin rental. CuYds Frequency Base Rate CuYds Frequency Base Rate 1 1 $00.00 4 1 $00.00 1 2 $00.00 4 2 $00.00 1 3 $00.00 4 3 $ 00.00 1 4 $00.00 4 4 $00.00 1 5 $00.00 4 5 $00.00 1 6 $00.00 4 6 $00.00 2 1 $00.00 6 1 $00.00 2 2 $00.00 6 2 $00.00 2 3 $00.00 6 3 $00.00 2 4 $00.00 6 4 $00.00 2 5 $00.00 6 5 $00.00 2 6 $00.00 6 6 $00.00 3 1 $00.00 7 1 $00.00 3 2 $00.00 7 2 $00.00 3 3 $ 00.00 7 3 $00.00 3 4 $ 00.00 7 4 $00.00 3 5 $ 00.00 7 5 $00.00 3 6 $00.00 7 6 $00.00 Push Rate: Added to monthly base rate. $ 00.00 Lock & Key Rate: Added to base rate. $ 00.00 Excess Rate For waste which exceeds water level: $ 00.00 per cubic yard Additional Rates: Excess Cart Exchange Rate: Excess Bin Exchange Rate: Excess Bin Cleaning Fee: $ 00.00 $ oo.oo $ oo.oo Page 5 - 80 City of Dublin 2869 2870 2871 2872 2873 2874 2875 2876 2877 2878 2879 2880 2881 2882 2883 2884 2885 2886 2887 2888 2889 2890 2891 2892 2893 2894 2895 2896 2897 2898 2899 Collection Service Agreement Exhibit I (Cont) City of Dublin, CA COMPENSATION AND RATES Service Rates (to be completed by CITY) Commercial Organic Collection Service: Rates for Commercial Organic Service shall be billed by container size at the rate of seventy-five percent (75%) the stated rate above for loose garbage. There shall be no additional charge for the use of indoor containers provided by the Contractor. Small Compactor Service: Rates for small compactors serviced as a commercial account on a regular route shall be billed by container size at the rate of two times the stated rate above for loose garbage. Handy Hauler - One-time placement and collection of a 4 cubic yard bin, including one week container rental filled no higher than water level: $ 00.00 Additional Bin Rental Per Week: $ 00.00 per week Additional Dump: $ 00.00 1 pick-up DROP BOX I COMPACTOR RATES Cost shown is on a per pick-up basis and is based upon the load not exceeding water level (Excess ~s charged the same rate). Additional miscellaneous charges may also apply. Rate Per Cubic Yard: Non-Compacted: $ 00.00 Compacted: $ 00,00 MISCELLANEOUS DROP BOX CHARGES Relocation of Drop Box $ 00.00 per request Weekly Rental after 1st Week $ 00.00 per week Cancel Auto Pick-up w/o Notice $ 00.00 HHW CLEANUP EVENT Rate per Ton over the first 20 Tons $ 00.00 per additional ton page 5 - 81 Section 5 290O 2901 2902 2903 Exhibit I (Cont) City of Dublin, CA COMPENSATION AND RATES EMERGENCY SERVICE RATES EMERGENCY SERVICE RATES - EMPLOYEES Page of Pages Labor Position Hourly Rate 29O4 EMERGENCY SERVICE RATES - EQUIPMENT Page of Pages Equipment Type Make & Model Hourly Rate To be completed based on CONTRACTORS proposal, 2905 Page 5 - 82 City of Dublin Service Agreement . Exhibit 2 City of Dublin, CA . Compensation Adiustment Model The annual compensatien adjustment is Calculated in accordance with the ~ocedures set forth in A~licle 5 of tl~ Collection Service Agreement. This exhibit.is provided as an example of how the individual calculations are used to develop the overall compensation adjustment. Calculate Annual Growth Factor Use Calculated Revenue Bodule of Model develop July' and December figures .Annual Growth % Calendar Year Ended December 31 Calcdlated Revenue July' 5,D09,000 $ 5.259,~50' $ 5,522,423 LCalculated Revenue Deceml:~er 5,035,00C $ 5~286,750 I $ 5,551,088 Annual Growth Factor . 0.$Z/~ 0.52%[ Calculate Collection Compensation Element Adjustment RRI Factor .~ Growth Factor (Limited to 5%) Collect on Compensation Element A~ustment Effective ,July' 1 Total ~RI & AG Fa~ 4.5;3% 2-91% 5.15% IAllowed RRI & AG. F~-"to~,~ 4.53% ' 2.91% E~O0% Disposal ComDensation Element Calculate Ap~,'~ved Tip Fee Factor Ti~opin~ Fee % Disposal A~reement Year Be~linnin~ Ju¥ 1 Approved Tipping Fee $ :33.50 $ ~ 35.00 $ 35.00 t $ 37.00 Tip~inc~l Fee Factor 4.48%[ Z.§I~% 2.78% Calculate Annu. ai Gro,~t.h Factor Calculated Tonna~le % . Calendar Year E~ldel~ [)ecemt3~' 31 ' ~05 20°6 Prior Calcutated Tonnage July 28,106 28.204 29 Current Calculated Tonna,qe December 28,204 29,D00 29,300 Tippin~i Fee Factor e.35% 2.82% 1.03% Caicu|ate Disposa! Compensation Element Adjustment t Disposal Compensation Element Adius~rnent Effective .J. uly; calculate Fee Eiemer¢ Ad~ustmem Fee % Disposal A,qreemem Year Encle~ June!30 ~'ranchise Fee % ~°~ 2fl06 2007 12.60% 12.60% 12.B0% 12.60% Admirtis~ative Fee % 2.00% 2.00% 2_.00% 2.00% Fee Percentac~e 14.60% . ~4.60% 14.60~A '14.60% Collection Service Compensafio~ Agreement Year Beginning July '~ Celiac§on Compensation Element $ 3,237,000 $ 3,383,697 $ 3,482,12511 $ 3,6~6.£31 Disp~,s, al Compensa6on Elemen~ $ 1,040,800 $ %09~,032 $ ~,152,997 $ 1,196,952 Container Compensation F_Jement $ 100,00,0 $ 100,519 $ 101,041 ' $ 101,565 Fee CompensafJon Element $ 748,430 $ 782.~8~ $ 809,695 $ 847.065, tT'~talCompensation l$ 5,12:6,230 $ 5,357,434 $ 5,5;45,857 $ 5,8lYI,8'~3 Page 5-83 .... Exhibit 2' _ City of Dublin, CA compensation Adiustment Model The annual compensatio~ adjustment is calculated in aCcordanse w th the procedures set fodh in Article 5 of the Colleciion Service Agreement. This exhibit is provided as an example of how the individual calculations are ~sed t~ develop the overall compensation adiust merit. Step · Collection Compensation Element I Calculate RRl~ Factor "ia;Use model 1.o inph-~ curerer~ year indices 2004 2005 i 2006 I 2007 !Serie~ ID: ceu6056210006 Wasie Colrection- Average Hourly Earnin.qs ?2.97 14.48i 13.64, 1.5.33 ~Series ID: wpu057303 #2 Diesel Fuel (Not used for ,AFV) 93.30 83.'40 77,90 100.50 I Series ID: pcu3362113362.11,3 Motor Vehicle Mfg.- Vehicles on Purchased IChassi$ , · 169.7 '/71.40 175.60 ~ 74.60 Series ID: pcug;t3924.~39243 Indasirial Truck & tractor Mfg. - Parts Industrial wore trucks 129.5 131.30 ~ 32,40 135. I 0 !~Series rD: cuurx400sa0 CF' - All Urban Consumers -Arl Items - ;BEy Area 1, $0,2i 189.90 193.00 196.40 lb I~odel calculates % chan~le in currer~ and prio~'~ear indices 2004 2005 2006 ,Series ID: ceu605621D006 Waste Colleclio~ - Average H0ur.¥ Earning; 11.64 % 5.17% Series I1~: wpu057303 #2 Diesel Fuel (Not used for AFV) -10.61% -1~.51% 20,50% Series ID: pcu336,?.l 13362.113 MOtor Vehicle Mfg.- Vehicles o~1 Pa'chased Chassis 1.00% 2.30% Series ID; pc,,~_~39243339~43 irtciustrial Truck & tractor Mfg. - Pans for Industrial work 1tucks . 1.39% 2.24% 2.89~ Series ID: cuurx400sa0 CP~. All Urban Consumers -A[I trams./~ay Area I 4.04% 5.33% 2.57°/, ~C Use model to input CONTRACTOR financial dal~ Labor, $ 1,375,000 $ 1,443,750 ! $ 1.515,938 Fuel I $ 435,000 $ 456,750 ~ $ 479,588 Vehicle Replacement! S 24~,000 $ 260,4~)0 $ 2?3,420 Vehicle Maintenance t S' 24S,000 J $ 258.300 $ 271,215 AlIOtherI $ 2,7T9,000 $ 2,917,950 $ 3,063,848 $ 5.083,000 $ 5,337,150 $ 5.604,008 '/d Ntodel calculates wei~htin{~ faCtor for each cate~o~;~ Labor 27.05% 27.05% 27.05% Fuel 8.56% 8.58% Vehiice Replacement 4.88~ 4.88% Vehicle Maintenance 4.84% 4.84% 4.84% All Other 54.67% 54.67% 54.6~% ~ptai 100.00% 100.00% 100.00%l ',eiI'~odel multiplies index charade (lb)b~,- ~v~i~,,htin9 factor ('~d) " , S~ries ID: ceu6056~10006 Waste Collectie~ - Avera.qe Hourly Eamin~s 3.15% '/.40% 1.59% Series ID: wpu057303//2 Diesel Fuel (Not used ~or AFro) -0-91% -1,4fl % 1.75% Sedes ID: pcu3562 ~ 133621 i3 Motor Vel~cle M/cj.~ Vehicles on Purchase// Chess s 0.05°/ 0.11% 0.09% Sedes ID: pcu33392z~3G39243 Industrial Truck & tractor' Mfg. - Part~ tar C. 11% industrial ~vork trucks 0.07% Series ID: cuJrx40GsaD CPI - All Ur~an Consumers - All Items - Bay Are~ 1.66% 2,18%1 ' t.05% Page 5 - 84 City of Dublin Collection Service Agreement 2910 2911 2912 2913 2914 2915 2916 2917 2918 2919 2920 2921 2922 2923 2924 2925 2926 2927 2928 2929 2930 2931 2932 2933 2934 2935 2936 Exhibit 2 (C°nt) City of Dublin, CA Compensation Adjustment RRI Financial Statement Format Operating Costs Labor: List all administrative, officer, operatiOn and maintenance Salary accounts. List payroll tax accounts directly related to the above salary accounts. Fuel: List all fuel and oil accounts. Vehicle Maintenance: Vehicle Replacement: List all Collection and Collection related vehicle depreciation accounts. List all vehicle lease or rental accounts related to Collection or Collection related vehicles. All Other: List all Collection or Collection related vehicle parts accounts. List all other expense accounts related to the services piovided under this Agreement. This category includes all insurance including general liability, fire, truck damage, extended Coverage and employee group medical and life; rent on property, truck licenses and permits; real and personal property taxes; telephone and other utilities; employee uniforms; safety equipment; general yard repairs and maintenance; office supplies; postage; trade association dues and subscription; advertising; employee retirement or profit sharing contributions; and miscellaneous other expenses. , Page 5 - 85 Section 5 Solid Waste Collection Service Residential Commercial City Roll-off Total Collected Disposed Diverted SFD RecYcling ServiCe List Material Type Total Collected Exhibit 2 City of Dublin, CA /Monthlyt Diversion Report Format January January % Disposed Diverted MFD Recycling Service January List Material Type Total Collected Disposed Diverted City Recycling Service January List Material Type Total Collected Disposed Diverted Commercial Recycling Service List Material Type Total Collected Disposed January % Diverted Organic Waste Collection Service January % Commercial Total Collected Disposed Diverted Used Oil ColleCtion Service January % Total Collected Disposed Diverted Large Item Collection Service January Green Waste Wood Waste E-Waste White Goods Brown Goods List other materials Total Collected Disposed Diverted Page 5 - 86 City of Dublin 2939 2941 Collection Service Agreement Exhibit 2 (Cont) City of Dublin, CA COMPENSATI ADJUSTMENT FeeCo 2958 Page 5-87 Section 5 2959 2960 2961 Exhibit 3 City of Dublin, CA City Service Units Item Description/Location Container Size Frequency of Collection 2962 To be provided at pre-proposal conference Page 5 - 88 City of Dublin Collection Service Agreement 2963 2964 2965 2966 2967 Exhibit 4 City of Dublin, CA Collection Service Performance Bond To be inserted after Agreement Award Page 5-89 Section 5 2968 2969 2970 2971 2972 2973 Exhibit 5 City of Dublin, CA Approved Subcontractors To be completed based on CONTRACTORS proposal Page 5 - 90 City of Dublin Collection Service Agreement 2974 2975 2976 2977 2978 2979 2980 2981 2982 2983 2984 2985 2986 2987 2988 2989 2990 2991 2992 2993 2994 Exhibit 6 City of Dublin, CA City Sponsored Events Day on the Glen Portable Restroom Requirements 10 - Single skid toilets 1 - VIP portable restroom trailer 3 - Handicap toilets 2 - 2-person hand wash systems 1 -50 gallon holding tank Container Requirements [To be completed by City] St. Patrick' s Day Portable Restroom Requirements 24 -Standard toilets 1 - Double VIP portable restroom trailer 7 - Handicap toilets 7 - 2-person hand wash systems 1 - 250 gallon holding tank Container Requirements [To be completed by City] Page 5-91 Section 5 2995 THIS PAGE INTENTIONALLY LEFT BANK. 2996 Page 5 - 92 City of Dublin Section 6 Disposal Service Agreement 1 6.0 Disposal Service Agreement The following is the Draft Disposal Service Agreement that will be finalized and executed between the City and the selected Contractor. Page 6-1 Disposal Service Agreement 4 This page intentionally left blank. Page 6 - 2 City of Dublin Disposal Service Agreement 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 DRAFT DISPOSAL SERVICE AGREEMENT Executed Between the City of Dublin and 26 27 (Contractor) This day of Page 6-3 Disposal Service Agreement 28 This page intentionally left blank. Page 6 - 4 City of Dublin Disposal Service Agreement 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 TABLE OF CONTENTS Disposal Service Agreement COVER .......................................................................................... '. ........ 6-3 TABLE OF CONTENTS ................................................. ............................ ',,. ...... 6-5 Article 1. Definitions .............. ' ...6-7 Article 2. Article 3. Article 4. Article 5. Article 6. Article 7. Article 8. Article 9. Article 10. Article 11. Article 12. Article 13. Article 14. Article 15. Article 16. Article 17. Article 18. Article 19. Article 20. Article 21. Article 22. Article 23. Article 24. Article 25. Article 26. Article 27. Article 28. Article 29. Article 30. Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Term of Agreement ............................................................ ' ...... 6-10 Obligations of City ............................................................. .. .6-11 Obligations of Contractor ................................................... · ...... 6-11 Disposal Rates ........................................................................ 6-24 Performance Bond .................................................................... 6-27 Insurance ................................................................................. 6-27 Indemnification ........................................................................ 6-30 Force Maneure ........................................................................ 6-33 Default of Agreement ............................................................... 6-34 Legal Representation ............................................................... 6-36 Financial Interest ..................................................................... 6-36 Independent Contractor ............................................................ 6-37 Laws to Govern ....................................................................... 6-37 Consent to Jurisdiction ............................................................. 6-37 Assignment ........................................................................ 6-37 Compliance with Laws ............................................................. 6-38 Waiver .............................................................................. ; ...... 6-38 Prohibition Against Gifts .......................................................... 6-39 Point of Contact ................................................................ ., ...... 6-39 Notices .................................................................................... 6-39 Nondiscrimination .................................................................... 6-40 Contractor's Records .................................................... ~ ...... 6-40 Quality of Performance of Contactor ................................. : ...... 6-40 Severability ....................................................................... , 6-42 Right to Require Performance ................................................. 6-43 All Prior Contracts Superseded ................................................ 6.43 Headings ................................................................................. 6-43 Exhibits ............................................................................. ~ ...... 6-43 Effective Date ................................................................... ; ...... 6-43 Disposal Rate Per Tons ........................................................... 6-45 Performance Bond ................................................................... 6-47 Guaranty Agreement ............................................................... 6-48 Resource Recovery Programs ............................................. 6-53 Approved Subcontractors ................................................. : ...... 6-54 Page 6-5 Disposal Service Agreement 69 7O 71 72 73 74 75 76 CITY OF DUBLIN This Disposal Service Agreement (Agreement) is entered into this ?? day of ??, 2005, by and between the CITY of Dublin, a municipal corporation of the State of California, hereinafter referred to as "CITY" and (Company), a California ?? corporation, hereinafter referred to as "CONTRACTOR". (Proposers should not that this Agreement will be modified depending on whether or not the successful proposer includes transfer operations as part of its proposal.) 77 RECITALS 78 WHEREAS; the CITY enters this Agreement with CONTRACTOR, under which 79 CONTRACTOR receives Solid Waste generated within the CITY of Dublin at the 80 (Insert Transfer Station name, if applicable) for (transfer, transport, and) Disposal 81 of such Solid Waste at the (Insert Disposal Facility name). 82 WHEREAS; the City Council determines, pursuant to its police powers, that 83 obtaining a long-term commitment for Disposal of Solid Waste generated in the 84 CITY is in the best interests of the health, safety and well being of the citizens of 85 the CITY. 86 WHEREAS; the State of California, through enactment of the California 87 Integrated Waste Management Act of 1989 (California Public Resources Code 88 Section 40000, et. seq.) also recognizes the important health and safety 89 consideration to long-term planning for local government's adequate Disposal 90 needs. The California Integrated Waste Management Act of 1989 declares that 91 the responsibility for management of Solid Waste is a shared responsibility 92 between the State and local governments. The State requires local governments 93 to make adequate provision for at least fifteen (15) years of Solid Waste Disposal 94 capacity to preserve the health, safety and well-being of the public. The 95 California Integrated Waste Management Act of 1989 also authorizes local 96 governments to enter into exclusive franchise contracts to provide Solid Waste 97 handling services for the health, safety and well being of its citizens (California 98 Public Resources Code Section 40059). 99 WHEREAS; this Agreement also advances the objectives of the federal 100 government to encourage environmentally sound solid waste management 101 (Resource Conservation and Recovery Act of 1976 (RCRA), 42, U.S.C. Section 102 6941 et. seq.). 103 WHEREAS; the Disposal Facility is intended to be the principal Disposal Facility 104 for Solid Waste generated in the CITY. 105 WHEREAS; the CONTRACTOR guarantees permitted capacity at the Disposal Page 6 - 6 City of Dublin Disposal Service Agreement 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 TABLE OF CONTENTS Disposal Service Agreement COVER .................................................................................................. 6-3 TABLE' OF CONTENTS .................................................................................... 6-5 Article 1. Definitions .................................................................................. :6-7 Article 2. Article 3. Article 4. Article 5. Article 6. Article 7. Article 8. Article 9. Article 10. Article 11. Article 12. Article 13. Article 14. Article 15. Article 16. Article 17. Article 18. Article 19. Article 20. Article 21. Article 22. Article 23. Article 24. Article 25: Article 26. Article 27. Article 28. Article 29. Article 30. Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Term of Agreement ............................................................ i ..... 6-t 0 Obligations of City .................................................................... 6-11 Obligations of Contractor ......................................................... 6-11 Disposal Rates ................................................................. ; ...... 6-24 Performance Bond ................................................................. '.. 6-27 Insurance ................................................................................. 6-27 Indemnification .............................................................. ; ......... 6-30 Force Majeure ......................................................................... 6-33 Default of Agreement ................................... i ........................... 6-34 Legal Representation ............................................................... 6-36 Financial Interest ..................................................................... 6-36 Independent Contractor ........................................................... 6-37 Laws to Govern ................................................... : ................... 6-37 Consent to Jurisdiction ............................................................ 6-37 Assignment .............................................................................. 6-37 Compliance with Laws .............................................. 6-38 Waiver ................................................................................ i ...... 6-38 Prohibition Against Gifts ........................................................... 6-39 Point of Contact ................................................................ .i ...... 6-39 Notices ..................................................................................... 6-39 Nondiscrimination .............................................................. ' ...... 6-40 Contractor's Records ........................................................ .i ...... 6-40 Quality of Performance of Contractor ................................ .' ...... 6-40 Severability .............................................................................. 6-42 Right to Require Performance .......................................... .' ...... 6-43 All Prior Agreements Superseded ............................................ 6-43 Headings ................................................................................. 6-43 Exhibits .................................................................................... 6-43 Effective Date ................................................................... .' ...... 6-43 Disposal Rate Per Ton ............................................................. 6-45 Performance Bond ................................................................... 6-47 Guaranty Agreement ................................................................ 6-48 Resource Recovery Programs ................................................. 6-53 Approved Subcontractors ........................................................ 6-54 Page 6 - 5 Disposal Service Agreement 69 70 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 9O 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 CITY OF .DUBLIN This Disposal Service Agreement (Agreement) is entered into this ?? day of ??, 2005, by and between the CITY of Dublin, a municipal corporation of the State of California, hereinafter referred to as "CITY" and (Company), a California ?? corporation, hereinafter referred to as "CONTRACTOR". (Proposers should not that this Agreement will be modified depending on whether or not the successful proposer includes transfer operations as part of its proposal.) RECITALS WHEREAS; the CITY enters this Agreement with CONTRACTOR, under which CONTRACTOR receives Solid Waste generated within the CITY of Dublin at the (insert Transfer Station name, if applicable) for (transfer, transport, and) Disposal of such Solid Waste at the (Insert Disposal Facility name). WHEREAS; the City Council determines, pursuant to its police powers, that obtaining a long-term commitment for Disposal of Solid Waste generated in the CITY is in the best interests of the health, safety and well being of the citizens of the CITY. WHEREAS; the State of California, through enactment of the California Integrated Waste Management Act of 1'989 (California Public Resources Code SeCtion 40000, et. seq.) also recognizes the important health and safety consideration to long-term planning for local government's adequate Disposal needs. The California Integrated Waste Management Act of 1989 declares that the responsibility for management of Solid Waste is a shared responsibility between the State and local governments. The State requires local governments to make adequate provision for at least fifteen (15) years of Solid Waste Disposal capacity to preserve the health, safety and well-being of the public. The California Integrated Waste Management Act of 1989 also authorizes local governments to enter into exclusive franchise contracts to provide Solid Waste handling services for the health, safety and well being of 'its citizens (California Public Resources Code Section 40059). WHEREAS; this Agreement also advances the objectives of the federal government to encourage environmentally sound solid waste management (Resource'Conservation and Recovery Act of 1976 (RCRA), 42, U.S:C. Section 6941 et. seq.). WHEREAS; the Disposal Facility is intended to be the principal Disposal Facility for Solid Waste generated in the CITY. WHEREAS; the CONTRACTOR guarantees permitted capacity at the Disposal Page 6 - 6 City of Dublin Disposal Service Agreement 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 Facility for up to fifteen (15) years for Disposal of Solid Waste generated in the CITY. WHEREAS; the City Council determines that in order to provide adequate Disposal capacity, it is in the beSt interests of the CITY to secure a commitment from CONTRACTOR for the right to a portion of the Disposal Facility'S current Disposal capacity on the terms and subject to the conditions set oUt in this Agreement. The intent of this provision is, in part, for the CITY to contribute to preventing the substantial environmental, aesthetic, health, and safety problems that may be created from increasing volumes of Solid Waste in this country. WHEREAS; the City Council determines that in order to provide adequate Disposal capacity at the Disposal Facility, it is in the best interest of the CITY to secure a commitment from CONTRACTOR for the right to transfer Solid Waste generated in the CITY at the Transfer Station on the reims and subject to the conditions set out in this Agreement. (Delete if transfer station is not proposed) WHEREAS, the CITY reviewed the CONTRACTOR's proposal to' provide Disposal Services. WHEREAS, the CITY has entered into a Collection Service Agreement with (insert Company name) to provide Collection Services within the CITY. WHEREAS; tl~e CONTRACTOR receives Disposal fees from the CITY's Collection Contractor for the acceptance of Solid Waste at the (Transfer Station Or) DisPosal FaCilitY, for the (transfer, transportation, and) Disposal 'of Solid Waste at the Disposal Facility. WHEREAS, the CITY determined that the CONTRACTOR has proposed to provide Disposal Services at the Disposal Facility in a manner and on terms which are in the best interest of the CITY and its residents and buS, inesses, taking into account the qualifications and experience of the CONTRACTOR, and the fees for providing such services. WHEREAS, the CITY wishes to engage the CONTRACTOR to prOvide the services specified within this Agreement, in accordance with the terms and conditions of this Agreement. WHEREAS, the City Council of CITY declares its intention of maintaining reasonable rates for the Disposal of Solid Waste and other services. Now therefore, in consideration of the mutual promises, covenants, and conditions contained in this Agreement and for other good and valuable consideration, the CITY and CONTRACTOR agree as follows. ARTICLE 1. Definitions For the purpose of this Disposal Service Agreement, hereinafter referred to as "Agreement", the definitions contained in this Article shall apply unless otherwise specifically stated. If a word or phrase is not defined in this Article, the definition Page 6-7 Disposal Service Agreement 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 of such word or phrase as contained in Chapter 5.32 of the Dublin Municipal Code shall control. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Use of the masculine gender shall include the feminine gender. 1.01 Agreement. The written document and all amendments thereto, between the CITY and the CONTRACTOR, governing the provision of (transfer, transportation and) Disposal Services as provided herein. 1.02 A.qreement Year. Each twelve (12) month period from July 1 to June 30, beginning July 1, 2005 1.03 Alternative Daily Cover (ADC). Disposal Facility cover material, other than Organic Waste and at least six (6) inches of earthen material, placed on the surface of the active face of the refuse fill area at the end of each operating day to control vectors, fires, odor, blowing litter, and scavenging as defined in Section 20164 of the California Code of Regulations. 1.04 CITY. The City of Dublin, California. 1.05 City Representative. That person, or their designee, designated by the CITY and the CONTRACTOR, governing the provision of Disposal Services as provided herein. 1.06 Collection Contractor. The entity that has obtained from the CITY an Agreement to provide Collection Services. 1.07 Construction and Demolition Debris. Used or discarded materials resulting from construction, remodeling, repair or demolition operations on any pavement, house, commercial building, or other structure and such other materials as may be removed during the normal cleanup process of such construction, remodeling, repair, or demolition 'operations. 1.08 CONTRACTOR. The entity that has obtained from the CITY an Agreement to provide Disposal Services. 1.09 Disposal. The final disposition and management of Solid Waste as provided hereunder at the Disposal Facility. Disposal does not include the use of Organic Waste as alternative daily cover (ADC) so long as CITY and State regulations consider ADC use of Organic Waste as Diversion under the Act. 1.10 Disposal Facility. The (enter Disposal Site name) owned by (enter owner name) located in .(enter facilitF location) or such place or places specifically designated by the CITY for the disposal, or processing as appropriate, of Solid Waste and other materials as appropriate. 1.11 Divert (or Diversion). To prevent Recyclable Materials and other materials from Disposal at the Disposal Facility or transformation facilities (including facilities using incineration, pyrolysis, distillation, gasification or biological conversion methods) through source reduction, reuse, Recycling and Page 6 - 8 City of Dublin Disposal Service Agreement 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 20O 201 202 203 composting, as provided in Section 41780 of the California Integrated Waste Management Act of 1989, as such California Integrated Waste Management Act may be hereafter amended or superseded. 1.12 Guarantor. (Insert the name of the Guarantor). 1.13 Guaranty Agreement. The agreement attached as Exhibit 3 that is executed by the Guarantor guaranteeing the timely and full performance of CONTRACTOR's obligations. 1.14 Hazardous Waste. Any material which is defined as a hazardous waste under California or United States law or any regulations promulgated pursuant to such law, as such law or regulations may be amended from time to time. 1.15 Household Hazardous Waste. Any Hazardous Waste generated at a residential premises. 1.16 Large Items. Those materials including furniture; carpets; mattresses; white goods; brown goods; Clothing; tires; large green Waste; or some combination of such items in a container the dimensions of which Container does not exCeed fOur feet by four feet by two feet (4,X4,x2~) and weighing n° more than sixty (60) pounds, which are collected by the Collection Contractor through the provision of collection services. 204 1.17 Organic Waste. Green waste, food scraps and trimmings from 205 food preparation, inCluding bUt not'limited to; fruit and vegetable waste, grain 206 waste, dairy waste, meat and fish waste, and such items as non-recyclable or 2O7 2O8 209 210 211 212 213 214 215 216 217 218 219 22O 221 222 223 224 225 contaminated paper such as pizza boxes, take-out food cartons (cardboard), paper towels, waxed cardboard, wooden packaging such as crates and untreated and unpainted wallboard, etc. that are separated at the source of generation for inclusion in the CITY's organic collection programs. 1.18 Post-Closure. All activities and related costs during the Post- Closure period of the Disposal Facility or portions of the Disposal Facility in accordance with applicable laws and permits. 1.19 Recovered Material. Recyclable Materials recovered at the (Transfer Station or) Disposal Facility from Solid Waste. 1.20 Recyclable Materials. Those materials which are capable of being recycled and which would otherwise be processed or disposed of as Solid Waste. Recyclable Materials include those materials defined by the CITY, including newsprint (including inserts); mixed paper (including magazines, Catalogs, envelopes, junk mail, corrugated cardboard, Kraft brown bags and paper, paperboard, paper egg cartons, office ledger paper, and telephone books); glass containers; aluminum beverage containers; small scrap and cast aluminum (not exceeding forty (40) pounds in weight nor two (2) feet in any dimension for any single item); steel including "tin" cans, aerosol cans (empty, non-toxic products) and small scrap (not exceeding forty (40) pounds in weight nor two (2) feet in any Page 6-9 Disposal Service Agreement 226 227 228 229 23O 231 232 233 234 235 236 237 238 239 24O 241 242 243 244 245 246 247 248 249 25O 251 252 253 254 255 256 257 258 259 260 261 262 263 dimension for any single item); bimetal containers; plastic narrow-neck bottles (#1-7); and aluminum foil and pans; and those materials added by the Collection Contractor. 1.21 Roll-Off Container. A metal container with a capacity of twenty (20) or more cubic yards that is normally loaded onto a motor vehicle and transported to an appropriate facility. 1.22 Solid Waste. Garbage and rubbish Collected by the Collection Contractor under the terms of the Collection Service Agreement with the CITY. 1.23 Ton (or Tonnaqe). A unit of measure for weight equivalent to two thousand (2,000) standard pounds where each pound contains sixteen (16) ounces. 1.24 Transfer Station. (Delete if transfer process is not proposed) A permitted facility utilized to receive Solid Waste, to temporarily store, separate, recover, convert or otherwise process the materials comprising the Solid Waste, and to load Solid Waste into Transfer Vehicles for Transport to the Disposal Facility. For the purpose of this Agreement, Transfer Station shall be the facility commonly known as (Insert Name of Transfer Station), which is owned and operated by CONTRACTOR and located in (insert City Where Transfer Station is Located), and shall be th(¢ facility where the Collection Contractor vehicles shall deliver and unload Solid Waste. 1.25 Transformation Facility. A permitted facility used for the incineration, pyrolysis, distillation, gasification, or biological conversion other than composting of Solid Waste. 1.26 Un-permitted Materials. Materials that the (Transfer Station or) Disposal Facility may not receive under its (their) permits. 1.27 Work Day. Any day, Monday through Saturday that is not a holiday as set forth in Section 4.06.1 of this Agreement. ARTICLE 2. Term of Agreement 2.01 Initial Term. The initial term of this Agreement shall be for a ten (10) year term beginning on July 1, 2005 and terminating on June 30, 2015. 2.02 Extension. The CITY shall have the option to extend this Agreement, for up to one (1) ten (10) year period through June 30, 2025. The CITY, at its sole discretion, may exercise this option by delivering written notice to the CONTRACTOR no later than January 1, 2015 that it intends to extend the term of the Agreement. (Proposes should note that if the City elects to select a twenty (20) year term, Sections 2.01 and 2.02 above and other sections of this Agreement referring to capacity requirements will be amended accordingly.) Page 6 - 10 City of Dublin Disposal Service Agreement 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 28O 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 3O3 ARTICLE 3. Obligations of City 3.01 General. The CITY and the CONTRACTOR acknowledge that the CITY will not physically deliver Solid Waste to the Facility; instead, the Collection Contractor will carry out such deliveries. The parties further acknowledge that the Collection Contractor will pay the Disposal fees for Solid Waste it delivers to the Facility. The CITY contractually controls the delivery of Solid Waste Collected in the CITY by the Collection Contractor and shall direct Collection Contractor to deliver such Solid Waste to the (Transfer Station or) Disposal FacilitY,). The CONTRACTOR acknowledges that the CITY has no ability to direct individuals who self hauler to use the Facility and does not contractually control the Collection Contractor's residue from its Recyclable Materials and Organic Waste processing activities. Solid Waste shall not be delivered by the CITY to the Disposal Facility, except in an emergency. 3.02. Hazardous Material Programs. CITY shall contractually require its Collection Contractor to develop and implement a load inspection program to detect and discover Hazardous Material and Household Hazardous Waste and shall prohibit Collection Contractor from knoWingly delivering such maten%l to the Disposal Facility. CITY shall encourage its residents to participate in the Alameda County Household Hazardous Waste Program that provides residents with a place for safe Recycling, treatment, and/or disposition of Household Hazardous Waste. The parties recognize, however, that CITY cannot assure CONTRACTOR that SUCh programs will prevent any amount of Hazardous Material or Household Hazardous Waste from being delivered to the Disposal Facility. 3.03. No Limit on Waste Prevention. CITY, Collection Contractor, or other CITY agents will continue to develop and participate in waste prevention activities including, source reduction and resource recovery activities, which may reduce the amount of Solid Waste delivered to the Disposal Facility. Nothing in this Agreement shall restrict CITY, Collection Contractor, or other CITY agents from any such activities. ARTICLE 4. Obligations of Contractor 4.01 General. During the Term of this Agreement, CONTRACTOR shall receive, accept and safely and lawfully (transfer, transport, and) DiSpose of. all Solid Waste generated in CITY and delivered to the Disposal Facility by the Collection Contractor. CONTRACTOR shall perform its obligations with respect to (transfer, transport, and) Disposal Services hereunder in accordance with sound management and operations practice, regulatory and permit requirements, applicable law, the provisions hereof, and covenants, conditions, and restrictions pertaining to the (transfer, transport, and) Disposal of Solid Waste. 4.02 Facility Permits. Page 6-11 Disposal Service Agreement 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 32O 321 322 323 324 325 326 327 328 329 33O 331 332 333 334 335 336 337 338 339 34O 341 342 343 344 345 4.02.1 Existing Permits. CONTRACTOR shall obtain, at its own expense, all permits and licenses required by law or ordinance and maintain same in full force and effect throughout the term of this Agreement. CONTRACTOR shall provide proof of such permits, licenses or approvals and shall demonstrate compliance with the terms and conditions of such permits, licenses and approvals upon the request of the City Representative. CONTRACTOR shall keep the CITY fully informed, in a timely manner, of its progress in securing permits, or renewals of permits, which occur during the term of this Agreement as they pertain to the Disposal operations at the Disposal Facility (or Transfer Station) operations in accordance with this Agreement and the costs related thereto. CONTRACTOR shall provide the CITY with copies of any applications that the CONTRACTOR submits to any regulatory body in connection with the issuance of new permits, or the extension, revision or modification of existing permits with respect to the Disposal Facility (or Transfer Station). CONTRACTOR shall provide such copies to the CITY at the same time the CONTRACTOR submits the applications to the regulatory body. 4.02.2 Additional Disposal Facility Permits. To assist the CITY in complying with the California Integrated Waste Management Act of 1989, CONTRACTOR shall endeavor to secure additional permits necessary to make available, at all times, ten (10) years of Disposal capacity at the Disposal Facility for Solid Waste generated in CITY in accordance with Section 4.13 of this Agreement, and sound Disposal Facility engineering and operating practices. Should CONTRACTOR reasonably conclude that it is no longer feasible to make available ten (10) years of Disposal capacity, beyond June 30, 2015, and maintain competitive Disposal fees, CONTRACTOR shall notify the CITY of its determination and provide all studies, information and data which support CONTRACTOR's conclusion to the CITY. CITY shall review such support and, CONTRACTOR shall promptly meet with the CITY to review the same and, thereupon, CONTRACTOR shall be relieved of its obligation in this regard. Nothing in this Agreement requires the CITY to issue a permit for, or take any other land use action related to CONTRACTOR's Facility. The CITY retains its right and duty to act on any permit applications or environmental review documents submitted to it in connection with such expansion as it considers appropriate under Applicable Laws and policies, independent of this Agreement. 4.02.3 CONTRACTOR Compliance with Permits. CONTRACTOR shall comply with all permits, terms, and conditions of such permits as they may be amended or superseded (including any mitigation measures) related to the operation and maintenance of the Facility. CONTRACTOR shall be solely responsible for paying any fines or penalties imposed by governmental agencies for CONTRACTOR's noncompliance with permit terms or CONTRACTOR's failure to obtain necessary permits for the Facility. Page 6 - 12 City of Dublin Disposal Service Agreement 346 347 348 349 35O 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 37O 371 372 373 374 375 376 377 378 379 38O 381 382 383 384 385 386 4.02.4 Transport Permit. CONTRACTOR shall secure and maintain all Permits required by applicable law for Transporting Solid Waste. CONTRACTOR shall supply the CITY with copies of any such permits (including current permits or renewals thereof) promptly upon request. 4.03 Transfer Station Services. CONTRACTOR shall be responsible for all operations, maintenance, monitoring, and reporting requirements associated with the Transfer Station operations. 4.04 Transportation of Solid Waste 4.04.1 General. The CONTRACTOR shall provide TransPortation services from the Transfer Station to Disposal Facility for all Solid Waste delivered to the Transfer Station by Collection Contractor that is not recycled, reused, or otherwise Diverted by CONTRACTOR. Transportation services shall be provided in accordance with the requirements of this Section. No Solid Waste delivered by the Collection Contractor to the Transfer Station may be Disposed of at any location other than the Disposal Facility. Delivery of Solid Waste to the Disposal Facility shall occur during the receiving hours of the Disposal Facility. The date, time, vehicle identification number, tare weight, and gross weight of all vehicles Transporting Solid Waste delivered by Collection Contractor 'shall be recorded when the vehicle leaves the Transfer Station. 4.04.2 CONTRACTOR agrees to move all Solid Waste off the Transfer Station tipping floor at the close of each day's operations and to' conduct transfer and transport services in accordance with Transfer Station permits and applicable law. CONTRACTOR shall transport Solid Waste with Sufficient regularity and frequency to minimize storage of Solid Waste at the Transfer Station, avoid creation of nuisance, and to minimize the amount of Solid Waste stored in the Transfer Station to create a safe, efficient operating environment in the Transfer Station. 4.04.3 Transport Equipment. CONTRACTOR shall be responsible for acquisition, supply, operation, repair, and replacement of all vehicles, storage and/or transport containers, loading equipment, and other necessary equipment for Transportation of Solid WaSte to the Disposal Facility. TraCtors and transfer trailers shall be kept clean, and present a reasonably acceptable appearance to the CITY. The CONTRACTOR's name and truck identification number shall be clearly marked on all vehicles that travel off the Transfer Station property. 4.04.4 All transport vehicles shall be inspected by the driver prior to leaving the Transfer Station at the start of the day. The driver shall use a standard inspection checklist designed by CONTRACTOR. Each 'driver is required to maintain a driver's daily log. 4.04.5 Spillage. CONTRACTOR shall enclose or cover all vehicles transporting Solid Waste from the Transfer Station in a manner approved Page 6-13 Disposal Service Agreement 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 4O2 4O3 4O4 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 42O 421 422 423 424 425 426 427 428 by the CITY. If any Solid Waste is spilled or scattered, whether on private or public property, CONTRACTOR shall immediately clean them up. 4.04.6 Driver Qualifications. All Transfer truck drivers shall be trained and qualified in the operation of transfer vehicles and must have in effect a valid license, of the appropriate class, issued by the California Department of Motor Vehicles. CONTRACTOR shall use California Department of Motor Vehicles employer pull notice program to monitor their drivers for safety. CONTRACTOR shall supply the CITY with copies of reports from the employer pull notice program promptly upon request. 4.05 Disposal Facility Operations. CONTRACTOR, at its cost and expense, shall at all times operate the Disposal Facility in the manner required by applicable law and permits. CONTRACTOR's responsibilities for the Disposal Facility shall include, but are not limited to, the following: 4.05.1 Operation, management, and maintenance of the refuse fill areas including, but not limited, to the receipt, placement, burying, and compaction of Solid Waste in the refuse fill areas; stockpiling, placement and compaction (if necessary) of daily cover, intermediate cover, and final cover; management of fill operations with regard to fill sequencing, side slopes configuration, and working face location and configuration; 4.05.2 Provision, operation, and maintenance of all equipment, rolling stock, and supplies necessary for operations, Closure, Post-Closure, and environmental monitoring; 4.05.3 Operation, maintenance, and management of leachate and Disposal Facility gas management systems, groundwater monitoring and management systems, storm water drainage and control systems, treatment facilities, buildings, on-site roadways, utilities, and any other required facility elements. 4.06 Days and Hours of Operation. CONTRACTOR shall operate the Disposal Facility for the receipt of Solid Waste in accordance with the days and hours of operation as set forth in all permits. At a minimum, CONTRACTOR shall accept Solid Waste delivered by the Collection Contractor Monday through Friday from 6 a.m. to 6 p.m. and Saturday from 6 a.m. to 4:30 p.m. · CONTRACTOR may not reduce the hours or total number of hours for acceptance of Solid Waste delivered by the Collection Contractor required by the Agreement without the concurrence of the CITY and Collection Contractor except such changes required by a change in a Disposal Facility permit. 4.06.1 Emer,qencyServices. In the event of a tornado, major storm, earthquake, fire, natural disaster, or other such event, the City Representative may require the CONTRACTOR to extend the hours of operation in order to accept materials from the CITY'S Collection Contractor. However, the CONTRACTOR shall not be required to extend the hours of operation to the extend that such extension would cause CONTRACTOR to violate its permit(s). Page 6 - 14 City of Dublin Disposal Service Agreement 429 43O 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 45O 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 47O 4.06.2 Holidays. CONTRACTOR shall not be required t6 accept Solid Waste from the Collection Contractor on Christmas Day and New Years Day. 4.07 Traffic Control and Direction. CONTRACTOR shall be resPonsible for the construction and maintenance of all roads required at the FaCility for purposes of transporting Solid Waste to the actual point of unloading by Collection Contractor. CONTRACTOR shall provide necessary signs and personnel to assist drivers to proper unloading areas. The CONTRACTOR shall provide and maintain signs for the convenience of vehicles using the Disposal Facility and to facilitate safe and efficient traffic flow at the Disposal Facility. 4.08 CONTRACTOR shall operate the Disposal Facility so that all Collection Contractor collection vehicles are processed, unloaded, and exited from the facility no more than twenty (20) minutes after arriving at the scale house. 4.09 Scale Operation 4.09.1 Weighing Standards and Procedures. The scale house(s) at the facility's entrance shall serve as the location for weighing vehibles and charging Disposal fees as provided herein. CONTRACTOR scale house personnel shall be responsible for inspecting the Solid Waste delivered to the Disposal Facility. The Collection Contractor vehicles shall be charged Disposal fees based on the Tonnage of Solid Waste accepted by the Disposal Facility and the applicable dispoSal rates as set forth in Exhibit 1 which is attached to and included in this Agreement. CONTRACTOR shall weigh and recordlinbound weights of all Collection Contractor vehicles when the vehicles arrive at the Disposal Facility. In addition, CONTRACTOR shall weigh and record (~utbound weights of such vehicles for which CONTRACTOR does not maintain tare weight information. CONTRACTOR shall provide each driver a receipt sho~ing the date, time, and quantity of Solid Waste delivered to the Disposal Facility and the Disposal fee charged for such material. The scale house computer system shall compile information into various reports in which a typical transaction'includes documentation of the Disposal fee charged, weight of vehicle,~ vehicle identification number, customer account, material type, route number, vehicle type, and origin of Solid Waste. In addition, each transaction shall include documentation noting if the vehicle was directed to material recovery operations at the Disposal Facility. 4.09.2 Maintenance and Operation. CONTRACTQR shall maintain, in accordance with applicable law, at least two State certifibd motor vehicle scales at the Disposal Facility. All scales shall be linked to a centralized computer recording and billing system which shall be compatible with CONTRACTOR's systems and account for tracking all incoming and outgoing materials. CONTRACTOR shall operate such scales during facility receiving hours, established in Section 4.06, provided that CONTRACTOR shall provide Page 6 - 15 Disposal Service Agreement 471 472 473 474 475 476 477 478 479 48O 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 5OO 501 502 5O3 5O4 5O5 5O6 5O7 5O8 5O9 510 511 CITY with access to weighing information at all times and copies thereof on the next Working Day on which the scale house is open. 4.09.3 Vehicle Tare Weiqhts. Between the time this Agreement is executed and July 1, 2005, CONTRACTOR shall weigh and determine the unloaded ("tare") weight of each Collection Contractor vehicle to be used to deliver Solid Waste to the Disposal Facility. Before July 1, 2005, CONTRACTOR shall provide the CITY and Collection Contractor with a report listing vehicle tare weight information, which shall include, at a minimum, hauler name, tare weight, vehicle identification number, and date tare weight was determined. CONTRACTOR shall, at least every two (2) years, reweigh and revise tare weights for all Collection Contractor vehicles used to deliver Solid Waste to the Disposal Facility. 4.09.3.1 When new vehicles are placed into service and immediately after any significant repairs to vehicles by the Collection Contractor, the CONTRACTOR shall promptly weigh such vehicles and determine the tare weight of each vehicle. Within ten (10) Working Days of weighing, CONTRACTOR shall provide the CITY and Collection Contractor with a report listing vehicle tare weight information. CONTRACTOR, CITY, and Collection Contractor shall have the right to request re-tarring of vehicles up to two (2) times per year, unless there is reasonable suspicion or evidence that tare weights are not accurate, in which case, tare weights may be updated more frequently to ensure accuracy. 4.09.4 Substitute Scales. To the extent practicable, if either scale is inoperable, being tested or otherwise unavailable, all vehicles shall be weighed on the remaining operating scale. To the extent that both the scales are inoperable, being tested, or otherwise unavailable, CONTRACTOR shall substitute portable scales until the permanent scales are replaced or repaired. CONTRACTOR shall arrange for any inoperable scale to be repaired as soon as possible and, in any event, within seventy-two (72) hours (excluding Holidays) of the failure of the permanent scale. CONTRACTOR shall arrange to immediately obtain a temporary substitute scale(s) should the repair of the permanent scale require more than twelve (12) hours. 4.09.5 Estimates. Pending substitution of portable scales or during power outages, CONTRACTOR shall estimate the Tonnage of Solid Waste delivered to the Disposal Facility by utilizing the arithmetic average of that vehicle's recorded Tons of Solid Waste delivered on its preceding three deliveries, on the same day of the week, to the Disposal Facility, with the exception that the Tonnage estimated in Drop Box containers shall be made by multiplying the estimated number of cubic yards of Solid Waste delivered per Drop Box container by 0.25 Tons per cubic yard for mixed Solid Waste and 1.0 Tons per cubic yard for loads of dirt, rubble, or rock material. Page 6 - 16 City of Dublin Disposal Service Agreement 512 513 514 515 516 517 518 519 52O 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 55O 551 552 4.09.5.1 All information required by Sections 4.09.1 and 4.09.7 shall continue to be recorded for each delivery of Solid Waste to the Disposal Facility during any period the scales are out of service. 4.09.6 4.11.6 Testing. CONTRACTOR shall test and calibrate all scales in accordance with applicable laW, but at least every twelve (12)months. Upon CITY request, CONTRACTOR shall Provide the CITY with copies of test results. CONTRACTOR shall further test and calibrate any or all scales upon written request therefore by the CITY, within three Working Days of such request. If such test results indicate that the scale or scales complied with Applicable Law, the CITY shall reimburse CONTRACTOR the direct costs of such tests. If such test results indicate that the scale or scales did not comply with applicable law, CONTRACTOR shall bear the costs thereof and CONTRACTOR shall at its own cost adjust and correct, consistent with the results of such test, ali weight measurements recorded and Disposal fees calculated, charged and paid, as the case may be, from the date of such request. 4.09.7 Records. CONTRACTOR shall maintain scale records that provide information such as, but not limited to, date of receipt, inboUnd and outbound time, inbound and outbound weights of vehicles, vehicle identification number, jurisdiction of origin of materials received, type of material, hauler identification and/or classification, type, weight, destination of material (i.e., to material recovery operations), and destination of outbound materials. 4.10 personnel. The CONTRACTOR shall engage and train ~qualified and competent employees, including managerial, supervisory, clerical, maintenance, and operating personnel, in numbers necessary and sufficient for operation of the Disposal Facility and to perform CONTRACTOR's obligations hereunder. 4.11 Ownership of Materials. Once Solid Waste is delivered to the Disposal Facility by Collection Contractor, ownership and possession of such material shall transfer directly from the Collection Contractor to CONTRACTOR. CONTRACTOR is hereby granted the right to retain, Recycle, process, Dispose of and otherwise use such materials, or any part thereof, in any lawful fashion or for any lawful purpose desired by CONTRACTOR and such right shall include CONTRACTOR's right to retain any benefit resulting from its right t© retain, Recycle: process, Dispose of, or reuse the Solid Waste. 4.12 Rejection of Un-permitted Material 4.12.1 Inspection. CONTRACTOR shall use standard:industry practices to endeavor to detect and discover Un-permitted Material and 'shall not knowingly accept Un-permitted Material at the Disposal Facility. CONTRACTOR shall comply with the inspection procedures contained in its permit requirements. CONTRACTOR shall promptly modify such procedure to reflect any changes in permits or applicable law. Page 6 - 17 Disposal Service Agreement 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 57O 571 572 573 574 575 576 577 578 579 58O 581 582 583 584 585 586 587 588 589 59O 591 592 593 594 595 4.12.2 Un-permitted Materials Handlinq and Costs. CONTRACTOR shall arrange for or provide transportation and delivery to an appropriately permitted facility of all Un-permitted Materials that are encountered and which cannot be accepted at the Disposal Facility. CONTRACTOR is solely responsible for handling and arranging transport and disposition of any Un- permitted Material that is contained in or with Solid Waste accepted by the CONTRACTOR, and for all related costs. 4.12.3 Remedies for Reiected Materials. If CONTRACTOR rejects material delivered to the Disposal Facility by Collection Contractor, because it contains Un-permitted Material including Hazardous Materials, CONTRACTOR shall direct Collection Contractor to remove and dispose of it in a safe and lawful manner, at the sole expense of the Collection Contractor. In the event that Un-permitted Material is delivered to the Disposal Facility, CONTRACTOR shall be entitled to pursue whatever remedies, if any, it may have against Collection Contractor's bringing such Un-permitted Material to the Facilities, provided that in no case shall the CITY be considered to have brought such Un-permitted Material to the Facilities. In the event the Collection Contractor delivers Un-permitted Materials on a frequent or continuous basis and the Collection Contractor refuses to provide for the proper handling and disposition of such Un-permitted Material, the CONTRACTOR shall provide written Notice to the CITY of such refusal by Collection Contractor. Nothing herein shall excuse the CONTRACTOR from the responsibility of handling such Un-permitted Materials in a lawful manner and to arrange for the proper disposition of such materials. 4.12.4 Notification. In the event CONTRACTOR rejects delivered materials CONTRACTOR shall immediately notify the CITY verbally and then follow such verbal notification with written notice. The written notice will identify: the date and time of occurrence; material type; material weight or volume; characterization of material; and the CONTRACTOR's reason for rejection of the delivered material. 4.13 Reservation of Disposal Capacity. CONTRACTOR shall guarantee its ability to accept and Dispose of all Solid Waste delivered to the Disposal Facility by the Collection Contractor for ten (10) years from July 1, 2005. CONTRACTOR shall be responsible for reasonably estimating the quantity of capacity that it shall be required to provide to Dispose of all Solid Waste generated in the CITY over the term of the Agreement. The CITY makes no representations, and is under no obligation, regarding the quantity or composition of the Solid Waste delivered to the Disposal Facility by the Collection Contractor. 4.13 Alternate Disposal Facility 4.13.1 If CONTRACTOR becomes unable to accept Solid Waste generated in CITY at the Disposal Facility because it did not use reasonable business efforts in resisting changes, alterations and amendments to permits, or due to reasons within its control and which could have been avoided by the Page 6 - 18 City of Dublin Disposal Service Agreement 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 exercise of due care, then CONTRACTOR shall (i) accept and Dispose: of such Solid Waste at a transfer station or other Disposal Facility owned by it (or by another company which is owned and controlled, directly or indirectly, by CONTRACTOR), at the then-current Disposal Rates in effect under this Agreement, and shall pay any additional transportation costs incUrred by Collection Contractor in delivering the Solid Waste to the transfer station or any additional costs incurred by CONTRACTOR in transferring and transporting Solid Waste to the other disposal facility, or (ii) shall arrange for all Solid WaSte to be Disposed of at a transfer station or other disposal facility not owned by it or an affiliated company, in which case CONTRACTOR shall pay any differenCe in the fees charged at such transfer station or disposal facility plus any additional transportation costs incurred in delivering Solid Waste to the transfer station or disposal facility, and the then-current Disposal Rates in effect under this Agreement. 4.13.2 If CONTRACTOR, despite using reasonable business efforts to resist changes, alterations and amendments to permits under Section 4.02, becomes unable to accept and Dispose of Solid Waste generated in CITY at the DiSposal Facility, or if CONTRACTOR becomes unable to accept and Dispose of Solid Waste at the Disposal Facility as the result of causes Which are beyond its control including, but not limited to, an "act of nature" (including, but not limited to, flood, earthquake, or other catastrophic events), war, insurrection, riot, or other similar causes which are not the fault of the CONTRACTOR and which COuld not have been` prevented by the exercise of due care, then CONTRACTOR Shalll to the extent it is legally able t© do so, offer to acbept and Dispose of Solid Waste at another disPosal facility or a transfer station oWned by it (or by another company which is owned and controlled, directly or indirectly, by CONTRACTOR), at the then-current Disposal Rates in effect under this Agreement. CONTRACTOR has no obligation, however, to pay for additional transportation costs incurred by the Collection Contractor. ClTY. has no obligation to accept such offer and, if CITY rejects such an offer, CITY may terminate this Agreement by giving written notice in the manner as set forth in Section 21 of this Agreement. Such termination shall be effective thirty (30) calendar days after CITY has given notice. 4.14 Monthly Report. Beginning on July 1, 2005, and monthly during the term of this Agreement, CONTRACTOR shall provide a monthly report by the end of the month following the reporting month. Therefore, the first report will be due no later than August 31, 2005 for the reporting month of July 2005. The report shall include the total Tonnage of Solid Waste generated in the CITY that was Diverted, Transferred, and Disposed at the Disposal Facility and Shall also list the Tonnage information separately for each of the following categories: Collection Contractor residential Solid Waste, Collection Contractor commercial Solid Waste, Large Items from Collection Contractor Large Item Collection program, other hauling companies (listed separately) hauling materials generated in the CITY delivered in Drop Boxes or small vehicles as required by Section 4.23 Page 6-19 Disposal Service Agreement 64O 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 68O of this Agreement and self-hauled Solid Waste. In addition, the monthly report shall include the following 4.14.1 Tonnage information by material type for material accepted at the Disposal Facility. 4.14.2 Number and nature of rejected loads during the month; 4.14.3 Number and nature of occurrences in which CONTRACTOR identified Hazardous Waste inadvertently accepted; and, 4.14.4 Number and nature of any notice of violations. 4.15 Annual Report of Disposal Facility Activity. Beginning September 1, 2006 and annually thereafter during the tern of this Agreement, CONTRACTOR shall submit an annual report of Disposal Facility activity to the CITY. This report shall contain all items required by this Section which, at a minimum, include the following: an analysis of the changes to the airspace of the Disposal Facility since the previous report; an analysis of the remaining capacity of the Disposal Facility; a projection of the remaining life of the Disposal Facility; and, a list of parties that CONTRACTOR has guaranteed capacity to through written agreements, the annual estimated Tonnage to be Disposed by each party, and the term of the CONTRACTOR's capacity commitment. In the event CONTRACTOR has agreements with private companies, the name of the party may be withheld from the list; however, the annual tonnage estimate and term of the commitment must be provided. Each analysis shall be based on data generated by an aerial topographic survey of the Disposal Facility. At a minimum, the airspace and remaining capacity of the Disposal Facility shall be expressed in the following or similar Terms: gross remaining airspace (cubic yards and estimated Tons of remaining airspace that includes final cover, refuse, daily cover and liner); effective remaining airspace (cubic yards and estimated Tons of remaining airspace available for refuse and daily cover); and net remaining airspace (cubic yards and estimated Tons of remaining airspace available for refuse only). The annual report of Disposal Facility activity submitted to the CITY shall contain the date of the aerial survey flight; the methodology employed in the analyses; and the calculations performed to determine the gross remaining airspace, the effective remaining airspace, and net remaining airspace. 4.15.1 In addition, CONTRACTOR shall also describe any advances in environmental mitigation measures, any advanced technologies utilized in the course of business, and any pilot programs which test advanced technologies; list any violations received during the previous year; and provide proof that CONTRACTOR paid all governmental fees and taxes in accordance with Sections 5.05 and 5.06. 4.15.2 The annual report shall include information on amounts of Solid Waste delivered to the Disposal Facility and Disposed, Recycled or Page 6 - 20 City of Dublin Disposal Service Agreement 681 682 683 684 685 686 687 688 689 69O 691 692 693 694 695 696 697 698 699 700 701 702 7O3 7O4 705 706 7O7 708 709 710 711 712 713 714 715 716 717 718 719 72O 721 722 723 724 Diverted and other information which the CITY may request in order to meet its obligations under the California Waste Management Act of 1989. 4.16 Closure and Post-Closure of Disposal Facility. CONTRACTOR shall safely manage the Disposal Facility in full regulatory compliance not only during normal Disposal Facility operating period but also during the Disposal Facility ClosUre and Post-Closure periods. CONTRACTOR acknowledges that it is solely responsible for: (i) the appropriate Closure and Post-Closure activities of the Disposal Facility; and, (ii) the establishment and funding of any reserve funds required by Applicable Law for the purposes of providing funds for the payment of costs of Closure of the Disposal Facility (or any cell within the Disposal Facility) or Post-Closure activities relating to the Disposal FacilitY. Without limitation, in no event shall the CITY or Collection Contractor be responsible for paying any deficiencies in such required reserves. In addition, the CITY or Collection Contractor shall have no responsibility to make any payments in the eVent that actual Closure and Post-Closure costs relating to the Disposal FacilitY exceed the amounts upon which the CONTRACTOR's Disposal Rate was based on and the amount reserved by the CONTRACTOR for such purposes. 4.17 Right to Enter Facility and Observe Operations. The CITY and its designated representative(s) shall have the right to enter, observe and inspect the Facility at any time during operations; conduct studies or surveys of the Facility; meet with the Facility manager(s) or their representatives at any time; and meet with other employees upon request, which request shall: not be unreasonably denied by CONTRACTOR, provided that the CITY and its representatives comply with CONTRACTOR's reasonable safety and security rules and shall not interfere with the work of the CONTRACTOR or its subcontractors. However, in the event the Facility manager is not on the premises at the time the CITY or its designated representative(s) visit the CONTRACTOR's facility, the CITY or its designated representative shall not be able to inspect some or all areas of the facility and CONTRACTOR shall not be in breach of this Agreement. In such case, the CITY shall give notice requesting access to the site and CONTRACTOR shall arrange for CITY or its designated representatiVe(s) to conduct the on-site inspection Within twenty-four (24) hours of such notice. Upon CITY request, CONTRACTOR shall make personnel available to accompany CITY employees on inspections. CONTRACTOR shall ensure that its employees cooperate with the CITY and respond to the CITY's reasonable inquiries. 4.18 Provision of Emerqency Services. CONTRACTOR shall provide emergency services, at the CITY's request, in the event of major accidents, disruptions, or natural calamities. CONTRACTOR shall be capable of Providing emergency services within 24 hours of notification by the CITY, or as soon thereafter as is reasonably practical, in light of the circumstances. Emergency services, which exceed the CONTRACTOR's obligations under this Agreement including, but not limited to, obligations related to facility receiving hOurs, the types and quantities of permitted materials accepted at the Transfer Station or page 6 - 21 Disposal Service Agreement 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 74O 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 Disposal Facility, the nature of Resource Recovery activities, and Transfer requirements, shall be compensated through a modification to the scope of services using procedures set forth herein. 4.19 Modifications to Scope of Service. 4.19.1 General. CITY may direct CONTRACTOR to perform additional services (including, but not limited to, performance of additional resource recovery activities) or modify the manner in which CONTRACTOR performs existing services (including, but not limited to, the modifications to or elimination of services). CONTRACTOR's Disposal Rates shall be increased or decreased, as appropriate, to give effect to these adjustments. 4.19.2 Proposal for Modification of Services. Within sixty (60) calendar days of CITY request for a proposal, CONTRACTOR shall present its proposal to modify existing services. At a minimum, the proposal shall contain a completed description of the following: 4.19.2.1 Methodology to be employed (changes to equipment, manpower, staffing, etc.). 4.19.2.2 Equipment to be utilized (equipment number, types, capacity, age, etc.) 4.19.2.3 Labor requirements (changes in number of employees by classification). 4.19.2.4 Provision for program publicity, education, and marketing (if appropriate). 4.19.2.5 Estimate of the impact of the service modification (increased Diversion tonnage, reduced costs, increased public service, etc.). 4.19.2.6 A cost proposal detailing the additional expenses or savings. 4.19.3 CITY's Review. Within ninety (90) calendar days of receiving the CONTRACTOR's proposal, the CITY shall review and comment on, and approve or disapprove of the modification to the scope of services. The CITY and CONTRACTOR may mutually agree to extend the time period for review due to the complexity of the scope of service modification under consideration, the time needed for the review or approval, or for other reasonable reasons. 4.19.3.1 The CITY may request the assistance of an independent third Party to review the proposal. The reasonable costs of such review shall be paid by: 1) the CONTRACTOR if the modification to the scope of services is initiated by the CONTRACTOR or 2) by the CITY if the modification to the scope of services is initiated by the CITY. CONTRACTOR's refusal to pay the reasonable cost of review of a CONTRACTOR-initiated proposal shall be grounds for CITY rejection of such proposal. Page 6 - 22 City of Dublin Disposal Service Agreement 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 78O 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 8O2 8O3 8O4 8O5 806 8O7 4.19.3.2 The CITY may request copies of, or access to, the CONTRACTOR's operating and business records reasonably required to verify the reasonableness and accuracy of the impacts associated with a modification to the scope of services. CONTRACTOR shall fully cooperate with the CITY's request and provide CITY and its agent(s) copies of or access to CONTRACTOR's records. 4.19.4 Approval of Modification to Scope of Services. Upon CITY approval or determination, CITY will issue a notice approving the modifi~;ation to the scope of service and documenting any change to the CONTRACTOR's Disposal Rates, and approved change to CONTRACTOR's obligations hereunder. The parties shall prepare a written amendment to the Agreement documenting any and all changes resulting from the modification to the scope of services. No adjustment in CONTRACTOR's Disposal Rate, change in CONTRACTOR's obligations, or change in scope of services shall become effective absent such CITY approval or determination. 4.20 Diversion Activities. CONTRACTOR shall use reasonable efforts to operate the Disposal FacilitY to segregate Recyclable Materials. CONTRACTOR shall document the quantity of Recyclable Materials removed from the SOlid Waste delivered by the Collection Contractor for recycling and the quantity of such material Diverted from Disposal. CONTRACTOR shall Calculate the quantitY of Recyclable Materials Diverted from Disposal on a monthly basis using a methodology acceptable to the CITY and shall report thereon in aCcordance 'With reporting requirements in Sections 4.14 and 4.15. CONTRACTOR shall provide resource recovery programs (as desCribed in Exhibit 4) to divert Recyclable Materials from Disposal. 4.21 Recovered Materials Revenues. CONTRACTOR shall retain all revenues generated from the sale of Recovered Materials. 4.22 Other Services. CONTRACTOR shall provide additional services not otherwise contemplated under this Agreement at a price to be mutually agreed upon between the City Representative and the CONTRACTOR. In the event the CONTRACTOR and the City Representative cannot agree On terms, conditions and price of such service or program City shall have the right to procure the service of other vendors or contractors to provide the requested service or program at a location other than the CONTRACTOR's ,Disposal Facility. 4.23 Non-Permitted Companies. CONTRACTOR recognizes that Construction and Demolition Debris generated in the CITY may only be Collected by the Collection Contractor and other companies that have obtained ia permit from the CITY for ConstructiOn and Demolition Debris collection. CONT ,RACTOR shall record Drop Box loads containing materials identified by the company delivering the materials as being generated in the CITY and shall identify if the Drop Box is delivered by a company other than the Collection Contractor; As part of the monthly report required in Section 4.14 above, CONTRACTOR shall Disposal Service Agreement 8O8 8O9 810 811 812 813 814 815 816 817 818 819 82O 821 822 823 824 825 826 827 828 829 83O 831 832 833 834 835 836 837 838 839 840 841 842 843 844 845 846 847 provide a listing of all Drop Box loads, including the weights of each load and name of company delivering each load. CONTRACTOR shall also post, on a sign in clear view of all customers, the CITY's requirement that a permit is required for companies delivering Construction and Demolition Debris generated in the CITY in Drop Boxes to the Disposal Facility. For cash customers hauling Construction and Demolition Debris, CONTRACTOR shall provide a monthly report identifying the Tonnage and delivery date of each load. ARTICLE 5. Disposal Rates 5.01 Disposal Rate Elements. The Disposal Rate may be comprised of up to six elements: 1) a transfer element, 2) a transport element, 3) a Disposal element, 4) a transfer government fee element, 5) a transport government fee element, and 6) a Disposal government fee element. 5.02 Adjustments to the Disposal Element. Except as provided in this Section, the Disposal element shall not be adjusted over the term of this Agreement. In the event of an adjustment to the Disposal Fee in accordance with this Section, CONTRACTOR shall provide CITY or its agent access to the Transfer Station and Disposal Facility and its financial and operations records in accordance with Sections 4.21 and 8.14. The CITY will adjust the Disposal Fee based on the results of the review conducted by the CITY or its agent. The adjustment (whether an increase or decrease in the otherwise applicable Disposal Fee) will be entirely prospective in effect and operation. 5.02.1 Regulatory Costs. The Disposal element established under Section 5.01 includes all costs associated with complying with all federal and State statutes, and City and County ordinances concerning public health, safety and environmental issues and all laws, regulations, rules, orders, judgments, degrees, permits, approvals, or other requirement of any governmental agency having jurisdiction over the disposition of Solid Waste, Recyclable Materials or Organic Waste that are in force on the effective date of this Agreement including any current provisions which become effective on or which require compliance by a date after the effective date of this Agreement. 5.02.2 Changes in Re.qulatory Costs. If CONTRACTOR or CITY believes that complying with laws or governmental regulations enacted after the effective date of this Agreement will increase or decrease the costs of operating the Facility, then CONTRACTOR or CITY may request an adjustment to the Disposal element by submitting to the other party its proposed method for complying with the new or modified regulations, the estimated cost of compliance, and the associated per-Ton adjustment necessary to the Disposal element. As part of this process, CONTRACTOR shall provide CITY with access to its operational and financial records in accordance with the requirements of Article 23. Page 6 - 24 City of Dublin Disposal Service Agreement 848 849 85O 851 852 853 854 855 856 857 858 859 5.02.3 CONTRACTOR shall then the proposed method of compliance to the appropriate regulatory agency(les). If the agency(les) approves that method without conditions, the DiSposal element may be adjusted. 5.02.4 If the requesting agency(les) do not approve the methodology, CONTRACTOR will implement the method of compliance which is approved by the regulatorY agency(les) and resubmit its estimate of costlimpacts to Facility operations and proposed Disposal element adjustment for CITY's review and written approval. CITY and CONTRACTOR shall meet and c, onfer in good faith to reach agreement on the cost of compliance and the corresponding adjustment to the Disposal element. 5.03 Government Fees. The Disposal Rate includes the following government fee elements: (a) (b) California Integrated Waste Management Board (AB1220) Fee Local Enforcement Agency (ACSWMD) Fee (c) Business License (County) Fee (d) Alameda County "Measure D" Fee (e) (f) Alameda County Waste Management Authority Facilities Fee Alameda County Waste Management Authority Household Hazardous Waste $ $ $ $ $. Page 6-25 Disposal Service Agreement (g) Conditional Use Permit Fee $-- $ $ $ (h) County Planning Fee $ $ $ $ (i) Other Fee $ $ $ $ Total Government Fee Elements $ -- $ $ $ 86O 861 862 863 864 865 866 867 868 869 870 871 872 873 874 875 876 877 878 879 5.03.1 Chanqes in Government Fee Elements. When government fees are adjusted or new government fee are imposed by regulating agency(ies), the CITY and CONTRACTOR shall meet and agree upon the calculated adjustment to the Disposal Rate and the date on which adjusted Disposal Rate shall become effective. 5.04 Most Favored Customer. At any time during the term of this Agreement, the Disposal Rate shall not exceed the lowest rate then being charged at the Disposal Facility to any other City, service district, or private company, that is delivering quantities of Solid Waste to the Disposal Facility that has been collected under a franchise agreement with a City, county or service district. 5.05 Payment of Governmental Fees. CONTRACTOR shall pay, when and as due, any and all governmental fees to the appropriate federal, State, regional, or local governmental entities which levied the fees, and shall provide CITY with proof of such payments promptly upon request. 5.06 Payment of Taxes. CONTRACTOR shall pay, when and as due, any and all governmental assessments, or taxes incurred as a result of CONTRACTOR's provision of services under this Agreement, including estimated taxes, and shall provide CITY with proof of such payments promptly upon request. Page 6 - 26 City of Dublin Disposal Service Agreement 88O 881 882 883 884 885 886 887 888 889 89O 891 892 893 894 895 896 897 898 899 9OO 901 9O2 903 904 905 906 907 908 909 910 911 912 913 914 915 916 917 918 5.07 ACWMA Fees. Regardless of the location of the Facility, the CONTRACTOR shall be required by the CITY to include the following governmental fees in the Disposal government fee element: Alameda County "Measure D" fee, the Alameda County Waste Management Authority (ACWMA) facilities fee, and ACWMA Household Hazardous Waste fee in per-Ton amounts equal to the per-Ton amounts levied on Solid Waste Tonnage Disposed of in Alameda County. CONTRACTOR shall remit such fees to the appropriate parties as if the Facility was located in unincorporated areas of Alameda County. (To be decided by City Council) ~ ARTICLE 6. Performance Bond 6.01 Performance Bond. Within ten (10) calendar days from the date the City Council approves this Agreement, the CONTRACTOR shall furnish to the CITY, and keep current, a Performance Bond in a form as set forth in Exhibit 2 which is included in and attached to this Agreement, for the faithful perfOrmance of this Agreement and all obligations arising hereunder in an amount of one million dollars ($1,000,000). 6.01.1 Surety Company. The performance bond shall be executed by a surety company licensed to do business in the State of California; having an "A-" or better rating by A. M. Best or Standard and Poors; and included on the list of surety companies approved by the Treasurer of the United States. 6.01.2 Letter of Credit. As an alternative to the performance bond required by this Section 6.01, at CITY's option, CONTRACTOR may deposit with CITY an irrevocable letter of credit in an amount as set forth in Section 6.01. If allowed, the letter of credit must be issued by an FDIC insured banking ~nsbtubon chartered to business in the state of California, in the CITY's name, and be callable at the discretion of the CITY Nothing in this Section shall, in any way, obligate the CITY to accept a letter of credit in lieu of the performance bond. 6.02 Corporate Guarantee. In addition to the performance assurance required in Section 6.01, CONTRACTOR is required to obtain Guaranty, and Guarantor has AGREED TO GUARANTEE CONTRACTOR'S PERFORMANCE OF THIS AGREEMENT, INCLUDING Contractor's indemnification obligations hereunder pursuant to a Guaranty Agreement in substantially the form attached as Exhibit C. The Guaranty Agreement is being provided concurrently with CONTRACTOR'S execution of this Agreement. ARTICLE 7. Insurance 7.01 Insurance Policies. CONTRACTOR shall secure and maintain throughout the term of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with CONTRACTOR'S performance of work or services under this Agreement. page 6-27 Disposal Service Agreement 919 920 921 922 923 924 925 926 927 928 929 930 931 932 933 934 935 936 937 938 939 940 941 942 943 944 945 946 947 948 949 950 951 952 953 954 955 956 957 958 CONTRACTOR'S performance of work or services shall include performance by CONTRACTOR'S employees, agents, representatives and subcontractors. 7.01.1 Minimum Scope of Insurance. Insurance coverage shall be at least this broad: 7.01.1.1 Insurance Services Office Form No. GL 0002 (Ed. 1/96) covering Comprehensive General Liability and Insurance Services Office Form No. GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001), including X, C, U where applicable. 7.01.1.2 Insurance Services Office Form Nc. CA 0001 (Ed. 12/93) covering Automobile Liability, code 1 "any auto", or code 2 "owned autos" and endorsement CA 0025. Coverage shall also include code 8, "hired autos" and code 9 "non-owned autos". 7.01.2 Workers' Compensation insurance as required by the California Labor Code and Employers Liability Insurance. 7.01.3 Hazardous Waste and Environmental Impairment Liability Insurance. 7.02 Minimum Limits of Insurance. CONTRACTOR shall maintain insurance limits no less than: 7.02.1 Comprehensive General Liability: $10,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be $5,000,000. 7.02.2 Automobile Liability: $10,000,000 combined single limit per accident for bodily injury and property damage. 7.02.3 Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the California Labor Code and Employers Liability limits of $1,000,000 per accident. 7.02.4 Hazardous Waste and Environmental Impairment Liability: $10,000,000 per occurrence. 7.03 Deductibles and Self-Insured Retention. Any deductibles or self- insured retention must be declared to, and approved by, CITY'S Risk Manager. At the option of CITY, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects CITY, its officers, employees, agents and contractors; or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses in an amount specified by CITY'S Risk Manager. 7.04 Endorsements. The policies are to contain, or be endorsed to contain, the following provisions: Page 6 - 28 City of Dublin Disposal Service Agreement 959 96O 961 962 963 964 965 966 967 968 969 97O 97'1 972 973 974 975 976 977 978 979 980 981 982 983 984 985 986 987 988 989 99O 991 992 993 7.04.1 General LiabilitY and Automobile Liability Coverage'. 7.04.1.1 The CITY, its officers, employees, agents and contractors are to be covered as additional insureds as respects: Liability arising out of activities performed by, or on behalf of, CONTRACTOR; products and completed operations of CONTRACTOR; premises owned, leased or used by CONTRACTOR; and automobiles owned, leased, hired or borroWed by CONTRACTOR. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents and contractors. The Automobile liability is endorsed to contain MCA 90 coverage. 7.04.1.2 CONTRACTOR'S insurance coverage Shall be primary insurance as respects CITY, its officers, employees, agents and contractors. Any insurance, or self-insurance maintained by CITY, its officers, employees, agents or contractors shall be in excess of CONTRACTOR'S insurance and shall not contribute with it. 7.04.1.3 Any failure to comply with reporting provisions of the policies shall not affect coverage provided to CITY, its officers employees, agents, contractors or Collection Contractor. 7.04.1.4 Coverage shall state that CONTRACTOR'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 7.04.2 All Coverage. Each insurance policY requiredl by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced in limits except after thirty (30) calendar days prior written notice has been given to CITY. 7.05 Acceptability of Insurers. Insurance is to be placed with insurers acceptable to CITY'S Risk Manager. 7.06 Verification of Coverage. CONTRACTOR shall furnish CITY with certificates of insurance and with original endorsements affecting (~overage required by this Agreement. The certificates and endorsement f. or each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. CONTRACTOR shall furnish CITY With a new Certificate of insurance and endorsements on each renewal of coverage or change of insurers. Proof of insurance shall be mailed to the following address or any subsequent address as may be directed in writing by the CITY'S Risk Manager: page 6-29 Disposal Service Agreement 994 995 996 997 CITY OF DUBLIN Risk Management 100 Civic Plaza Dublin, CA 94568 998 999 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 7.07 Subcontractors. CONTRACTOR shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. 7.08 Modification of Insurance Requirements.. The insurance requirements provided in this Agreement may be modified or waived by CITY'S Risk Manager, in writing, upon the request of CONTRACTOR if the CITY'S Risk Manager determines such modification or waiver is in the best interest of CITY considering all relevant factors, including exposure to CITY. 7.09 Rights of Subroqation. All required insurance policies shall preclude any underwriter's rights of recovery or subrogation against CITY with the express intention of the parties being that the required insurance coverage protects 'both parties as the primary coverage for any and all losses covered by the above-described insurance. CONTRACTOR shall ensure that any companies issuing insurance to cover the requirements contained in this Agreement agree that they shall have no recourse against CITY for payment or assessments in any form on any policy of insurance. The clauses 'Other Insurance Provisions' and 'Insured Duties in the Event of an Occurrence, Claim or Suit' as it appears in any policy of insurance in which CITY is named as an additional insured shall not apply to CITY. ARTICLE 8. Indemnification 8.01 Indemnification. CONTRACTOR shall indemnify and hold harmless CITY, CITY'S contractors, Collection Contractor, and the public officials, officers, directors, employees, agents and other contractors of each of them, from and against any and all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals as well as all Court or other dispute resolution costs), liabilities, expenditures or causes of action of any kind (including negligent, reckless, willful or intentional acts or omissions of the CONTRACTOR, any subcontractor, any supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any services or anyone for whose acts any of them may be liable), arising from, relative to or caused by the performance of the services. This indemnity includes but is not limited to claims attributable to bodily injury, sickness, disease or death and to injury or destruction of tangible property. CONTRACTOR agrees, at CONTRACTOR'S expense, after written notice from the CITY, to defend any action against the CITY that falls within the scope of this indemnity, or the CITY, at the CITY'S option, may elect not to tender such defense and may elect instead to secure its own attorneys to defend any such Page 6 - 30 City of Dublin Disposal Service Agreement 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 action and the reasonable costs and expenses of such attorneys incurred in defending such action shall be payable by CONTRACTOR. Additibnally, if CONTRACTOR, after receipt of written notice from the CITY, fails to make any payment due under this Agreement to the CITY, CONTRACTOR shall pay any reasonable attorneys' fees or costS incurred by the CITY in securing any such payment from CONTRACTOR. Payment of any amount due pursuant to the foregoing indemnity shall, after receipt of written notice by CONTRACTOR from the CITY that such amount is due, be made bY CONTRACTOR prior to the CITY being required to pay same, or in the alternative, the CITY, at the CITY'S option, may make payment of an amount so due and CONTRACTOR shall promptly reimburse the CITY for same, together with interest thereon at the rate of 12% per annum simple interest from the date of receipt by CONTRACTOR of written notice from the CITY that such payment is due. 8.01.1 This provision is in addition to all other provisions in this Agreement and is intended to survive the end of the term of this Agreement. CONTRACTOR'S Guaranty Agreement shall extend to the indemnification obligation hereunder. 8.02 Hazardous Material Indemnification. CONTRACTOR shall indemnify, defend with counsel acceptable to the CITY, and hold harmless, at CONTRACTOR'S sole cost and expense, the CITY, its City Council, officers, officials, employees, volunteers and agents, and the Collection COntractor (collectivelY, "indemnitees") from and against any and all claims, damages, injuries, costs (inClUding and without limit any and all response, remediation and removal costs), losses, demands, debts, liens, liabilities, causes of actiOn, suits, legal or administrative proceedings, interest, fines, charges, penalties, and expenses (including reasonable attorneys' and expert witness fees, expenditures for investigation and remediation) and costs of any kind whatsoever, paid, imposed upon, incurred, or suffered by or asserted against any of the indemnitees by reason of, or arising from, the presence, Disposal,' escape, migration, leakage spillage, discharge, emission, release, handling or transportation of Hazardous Materials to, in, on, at, or under the Facility (collectively, "environmental events"), any personal injury, death, or ,property damage, arising out of or related to any of the environmental events; anY lawsuit brought or threatened, settlement reached, or government hearing, investigation, inquiry, proceeding, or order relating to any Hazardous Materials or any of the environmental events. 8.02.1 Such indemnification shall apply to all events arising from or attributable to the acts or omissions of CONTRACTOR, its officers, directors, employees, whether or not negligent or otherwise culpable, in connectiOn with or related to CONTRACTOR'S performance of this Agreement, including without limit damages arising from or attributable to any operations, repair, Cl~an-up or detoxification, or preparation and implementation of any removal, remedial, response, closure, post-closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Materials at the Disposal Page 6 - 31 Disposal Service Agreement 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 Facility. For the avoidance of doubt, the foregoing indemnity is intended to operate as an agreement pursuant to §107(e) of the Comprehensive environmental Response, Compensation and Liability Act, CERCLA, 42 U.S.C. §9607(e) and California Health and Safety Code §25364, to defend, protect, hold harmless, and indemnify CITY from liability thereunder. 8.02.2 This provision is in addition to all other provisions in this Agreement and is intended to survive the end of the term of this Agreement. CONTRACTOR'S Guaranty Agreement shall extend to the indemnification obligation hereunder. 8.03 Environmental Indemnification. CONTRACTOR shall indemnify, defend with counsel acceptable to the CITY, and hold harmless, at CONTRACTOR'S sole cost and expense, the CITY, its City Council, officers, officials, employees, volunteers and agents, and the Collection Contractor (collectively, "indemnitees") from and against any and all claims, damages, injuries, costs (including and without limit any and all response, remediation and removal costs), losses, demands, debts, liens, liabilities, causes of action suits, legal or administrative proceedings, interest, fines, charges, penalties, and expenses (including reasonable attorneys' and expert witness fees, expenditures for investigation and remediation) and costs of any kind whatsoever, paid, imposed upon, incurred, or suffered by or asserted against any of the indemnitees by any lawsuit brought or threatened, settlement reached, or government hearing, investigation, inquiry, proceeding, or order relating to, or arising from, directly or indirectly, CONTRACTOR'S alleged failure or actual failure to comply with the environmental laws and regulations. This indemnification will not extend to environmental claims to the extent they are caused by the sole or joint or contributory negligence or intentional misconduct or omission of the CITY, its officers, employees or agents, or the Collection Company. 8.03.1 This provision is in addition to all other provisions in this Agreement and is intended to survive the end of the term of this Agreement. CONTRACTOR'S Guaranty Agreement shall extend to the indemnification obligation hereunder. 8.04 Consideration. It is specifically understood and agreed that the consideration inuring to the CONTRACTOR for the execution of this Agreement consists of the promises, payments, covenants, rights and responsibilities contained in this Agreement. 8.05 Obligation. The execution of this Agreement by the CONTRACTOR shall obligate the CONTRACTOR to comply with the foregoing indemnification provision; however, the collateral obligation of providing insurance must also be complied with as set forth in Article 7 above. 8.06 Subcontractors. The CONTRACTOR shall require all subcontractors to enter into a Agreement containing the provisions set forth in the Page 6 - 32 City of Dublin Disposal Service Agreement 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 preceding subsection in which Agreement the subcontractor fully indemnifies the CITY in accordance with this Agreement. 8.07 Exception. Notwithstanding Sections 8.01, 8.02 and 8.03, CONTRACTOR'S obligation to indemnify, hold harmless and defend CITY, its officers, employees agents and contractors shall not extend to any loss, liability, penalty, plain, damage, action or suit arising or resulting from acts or omissions constituting willful misconduct on the part of the CITY its officers, employees, agents, contractors, and Collection Contractor. 8.08 Damage by CONTRACTOR. If CONTRACTOR's emplOyees or subcontractors cause any injury, damage or loss to CITY property, inclUding but not limited to CITY streets or curbs, CONTRACTOR shall reimburse CITY for CITY'S cost of repairing such injury, damage or loss. Such reimbursement is not in derogation of any right of CITY to be indemnified by CONTRACTOR for any such injury, damage or loss. With the prior written approval Of CITY, CONTRACTOR may repair the damage at CONTRACTORS sole Cost and expense. ARTICLE 9. Force Majeure 9.01 CONTRACTOR shall not be in default of its obligations under this Agreement in the event, and for so long as, it is impossible or extremely impracticable for it to perform its obligations due to an "act of nature" (including, but not limited to, flood, earthquake, or other catastrophic events), war, insurrection, riot, or other similar causes which are not the fault of, and beyond the reasonable control of, the party claiming excuse from performance. Labor unrest, including but not limited to, strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action conducted by CONTRACTOR's employees or directed at CONTRACTOR is not an excuse from performance and CONTRACTOR shall be obligated to continue to accept (Transfer, Transport, and) Dispose of Solid Waste, notwithstanding the occurrence of any or all of such events. To claim excuse under this Section CONTRACTOR must: (i) have taken reasonable precautions, if possible, to avoid being affected by the cause, including, in the case of impossibility of performance based on inability to obtain a governmental permit, compliance with the requirement of Section 4.02, and (ii) notify the CITY in writing within five working days after the occurrence of the event specifying the nature of the event, the expected length of time that the CONTRACTOR expects to be prevented from performing, and the stePs which the CONTRACTOR intends to take to restore its ability to perform. 9.02 The interruption or discontinuance of CONTRACTOR's lability to accept (Transfer, Transport, and) Dispose of Solid Waste caused by one or more of the events described in this Section shall not constitute a default by CONTRACTOR under this Agreement. Notwithstanding the foregoing, however, if CONTRACTOR is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of 30 calendar days or more, upon page 6 - 33 Disposal Service Agreement 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 expiration of the thirty (30) calendar days, the CITY shall have the right, in its sole discretion, to terminate this Agreement by giving 10 calendar days' notice except that such termination may be effective two Working Days after receiving notice by certified mail if such event(s) result in the CONTRACTOR's failure to accept and Dispose of Solid Waste. ARTICLE 10. Default of Agreement 10.01 Termination. The CITY may cancel this Agreement, except as otherwise provided below in this Section, by giving the CONTRACTOR thirty (30) calendar days advance written notice, to be served as provided in Article 21, upon the happening of any one of the following events: 10.01.1 The CONTRACTOR shall take the benefit of any preSent or future insolvency statute, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy (court) or a petition or answer seeking an arrangement for its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any other law or statute of the United States or any state thereof, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; or 10.01.2 By order or decree of a Court, the CONTRACTOR shall be adjudged bankrupt or an order shall be made approving a petition filed by any of its creditors or by any of the stockholders of the CONTRACTOR, seeking its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law or statute of the United States or of any state thereof, provided that if any such judgment or order is stayed or vacated within sixty (60) calendar days after the entry thereof, any notice of default shall be and become null, void and of no effect; unless such stayed judgment or order is reinstated in which case, said default shall be deemed immediate; or 10.01.2.1 By, or pursuant to, or under the authority of any legislative act, resolution or rule or any order or decree of any Court or governmental board, agency or officer having jurisdiction, a receiver, trustee or liquidator shall take possession or control of all or substantially all of the property of the CONTRACTOR, and such possession or control shall continue in effect for a period of sixty (60) calendar days; or 10.01.3 The CONTRACTOR has defaulted, by failing or refusing to pay in a timely manner the administrative charges or other monies due the CITY and said default is not cured within thirty (30) calendar days of receipt of written notice by CITY to do so; or 10.01.4 The CONTRACTOR has defaulted by allowing any final judgment for the payment of money to stand against it unsatisfied and said default is not cured within thirty (30) calendar days of receipt of written notice by CITY to do so; or Page 6 - 34 City of Dublin Disposal Service Agreement 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 1245 10.01.5 In the event that the monies due the CITY under Section 10.01.3 above or an unsatisfied final judgment under Section 10.01.4 above is the subject of a judicial proceeding, the CONTRACTOR shall not be in default if the sum of money is bonded. All bonds shall be in the form acceptable to the CITY Attorney; or 10.01.6 The CONTRACTOR has defaulted, by failing or refusing to perform or observe the terms, conditions or covenant~ in this Agreement or any of the rules and regulations promulgated by the CITY ipursuant thereto or has wrongfully failed or refused to comply with the instructions of the City Representative relative thereto and said default is not cured within thirty (30) calendar days of receipt of written notice by the CITY to do so, or if by reason of the nature of such default, the same cannot be remedied within thirty (30) calendar days following receipt by the CONTRACTOR of written demand from the CITY to do so, the CONTRACTOR fails to commence the remedy of such default within said thirty (30) calendar days following such written notice or having so commenced shall fail thereafter to continue with diligence the curing thereof (with the CONTRACTOR having the burden of proof to demonstrate (a) that the default cannot be cured within thirty (30) calendar days, and (b) that it is proceeding with diligence to cure said default, and such default will be cured within a reasonable period of time. 10.01.7 CONTRACTOR fails to perform its obligations under this Agreement, and: (i) if the failure or refusal of CONTRACTOR to Perform Disposal services required by this Agreement has created an imminent threat to public health and is not cured within 2 Working Days after receiving written notice from the CITY specifying the breach; or (ii) in the case of any other breach of the Agreement, the breach continues for more than 30 calendar days after receiving written notice from the CITY for the correction thereof, provided that where such breach cannot be cured within such 30-day period, CONTRACTOR shall not be in default of this Agreement if CONTRACTOR shall have commenced such action required to cure the particular breach within ten (10) calendar days after such notice, and it continues such performance diligently until completed. However, if CONTRACTOR has complied with its obligations to arrange and pay for Disposal of Solid Waste at an alternative Disposal facility as set forth in Section 4~13, it shall not be in default of this Agreement. 10.02 Effective Date. In the event of the aforesaid events Specified above, and except as otherwise provided in said subsections, termination shall be effective upon the date specified in the CITY'S written notice to the CONTRACTOR and upon said date this Agreement shall be deemed immediately terminated and upon such termination all liability of the CITY under this Agreement to the CONTRACTOR shall cease, and the CITY shall have the right to call the performance bond and shall be free to negotiate with other cOntractors for the operation of the herein specified services. Page 6 - 35 Disposal Service Agreement 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1284 1285 10.03 Right to Perform. If this Agreement is suspended and/or terminated due to CONTRACTOR default, CITY shall have the right to perform and complete, by contract or otherwise, the work herein or such part thereof as it may deem necessary and incur all expenses necessary for completion of the work, including, but not limited to, the costs of transportation to, and Disposal of Solid Waste at, and alternative disposal facility, but not including any right to operate the Disposal Facility. If such expenses (including, but not limited to, the costs of transportation to an alternative facility and the actual fees charged for Disposal) exceed the amounts which would have been paid to CONTRACTOR under this Agreement, if it had been fully performed by CONTRACTOR, then CONTRACTOR shall pay for the remaining term of this Agreement, the amount of such excess costs to the CITY within thirty (30) calendar days of CONTRACTOR'S receipt of a claim for reimbursement, and evidence of costs incurred, from the CITY. 10.04 Immediate Termination. CITY may terminate this Agreement immediately upon written notice to CONTRACTOR in the event CONTRACTOR fails to provide and maintain the performance bond as required by this Agreement, CONTRACTOR fails to obtain or maintain insurance policies endorsements as required by this Agreement, CONTRACTOR fails to provide the proof of insurance as required by this Agreement, or CONTRACTOR offers or gives any gift prohibited by CITY Municipal Code. 10.05 Termination Cumulative. CITY'S right to terminate this Agreement is cumulative to any other rights and remedies provided by law or by this Agreement. ARTICLE 11. Legal Representation 11.01 Acknowledqement. It is acknowledged that each party was, or had the opportunity to be, represented by counsel in the preparation of and contributed equally to the terms and conditions of this Agreement and, accordingly, the rule that a Agreement shall be interpreted strictly against the party preparing the same shall not apply herein due to the joint contributions of both parties. ARTICLE 12. Financial Interest 12.01 Representation. CONTRACTOR warrants and represents that no elected official, officer, agent or employee of the CITY has a financial interest, directly or indirectly, in this Agreement the compensation to be paid under it and, further, that no CITY employee who acts in the CITY as a "purchasing agent" as defined in the appropriate Section of California Statutes, nor any elected or appointed officer of the CITY, nor any spouse or child of such purchasing agent, employee or elected or appointed officer, is a partner, officer, director or proprietor of the CONTRACTOR and, further, that no such CITY employee, Page 6 - 36 City of Dublin Disposal Service Agreement 1286 1287 1288 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 1306 1307 1308 1309 1310 1311 1312 1313 1314 1315 1316 1317 1318 1319 1320 1321 1322 purchasing agent, CITY elected or appointed officer, or the spouse or chJld of any of them, alone or in combination, has a material interest in the CONTRACTOR. Material interest means direct or indirect ownership of more than five percent (5%) of the total assets or capital stock of the CONTRACTOR. ARTICLE 13. Independent Contractor 13.01 In the performance of services pursuant to this Agreement, CONTRACTOR shall be an independent contractor and not an officer, agent, servant or employee of CITY. CONTRACTOR shall have exclusive control of the details of the services and work performed and over all persons performing such services and work. CONTRACTOR shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. Neither CONTRACTOR nor its officers, employees, agents, contractors or subcontractors shall obtain any right to retirement benefits, Workers Compensation benefits, or any other benefits which accrued to CITY employees and CONTRACTOR expressly waives any claim it may have or acquire to such benefits. ARTICLE 14. Laws to Govern 14.01 The law of the State of California shall govern the rights, obligations, duties and liabilities of CITY and CONTRACTOR under this Agreement and shall govern the interpretation of this Agreement. ARTICLE 15. Consent to Jurisdiction 15.01 The parties agreed that any litigation between CiTY and CONTRACTOR concerning or arising out of this Agreement shall be filed and maintained exclusively in the Municipal or Superior Courts of Alameda County, State of California, or in the United States District Court for the Northern District of California to the fullest extent permissible by law. Each party consents to service of process in any manner authorized by California law. ARTICLE 16. Assignment 16.01 No assignment of this Agreement or any right occurring under this Agreement shall be made in whole or in part by the CONTRACTOR without the express written consent of the CITY. The CITY shall have full discretion to approve or deny, with or without cause, any proposed or actual assignment by the CONTRACTOR. Any assignment of this Agreement made by the CONTRACTOR without the express written consent of the CITY shall be null and void and shall be grounds for the CITY to declare a default of this Agreement and immediately terminate this Agreement by giving written notice to the CONTRACTOR, and upon the date of such notice this Agreement shall be page 6- 37 Disposal Service Agreement 1323 1324 1325 1326 1327 1328 1329 1330 1331 1332 1333 1334 1335 1336 1337 1338 1339 1340 1341 1342 1343 1344 1345 1346 1347 1348 1349 1350 1351 1352 1353 1354 1355 1356 1357 1358 1359 deemed immediately terminated, and upon such termination all liability of the CITY under this Agreement to the CONTRACTOR shall cease, and the CITY shall have the right to call the performance bond and shall be free to negotiate with other contractors, the CONTRACTOR, or any other person or company for the service which is the subject of this Agreement . In the event of any assignment, the assignee shall fully assume all the liabilities of the CONTRACTOR. 16.02 The use of a subcontractor to perform services under this Agreement shall not constitute delegation of CONTRACTOR'S duties provided that CONTRACTOR has received prior written authorization from the City Representative to subcontract such services and the City Representative has approved a subcontractor who will perform such services. CONTRACTOR shall be responsible for directing the work of CONTRACTOR'S subcontractors and any compensation due or payable to CONTRACTOR'S subcontractor shall be the sole responsibility of CONTRACTOR. The City Representative shall have the right to require the removal of any approved subcontractor for reasonable cause. The subcontractors listed in Exhibit 6, which is attached to and incorporated in this Agreement, are hereby approved by the CITY. ARTICLE 17. Compliance with Laws 17.01 In the performance of this Agreement, CONTRACTOR shall comply with all applicable laws, regulations, ordinances and codes of the federal, state and local governments, including without limitation the Dublin Municipal Code. 17.02 CITY shall provide written notice to CONTRACTOR of any planned amendment to the Dublin Municipal Code that would substantially affect the performance of CONTRACTOR'S services pursuant to this Agreement. Such notice shall be provided at least thirty (30) calendar days prior to the City Council's approval of such an amendment. ARTICLE 18. Waiver 18.01 Waiver by CITY or CONTRACTOR of any breach for violation of any term covenant or condition of this Agreement shall not be deemed to be a waiver of any other term, covenant or condition or any subsequent breach or violation of the same or of any other term, covenant or condition. The subsequent acceptance by CITY of any fee, tax, or any other monies which may become due from CONTRACTOR to CITY shall not be deemed to be a waiver by CITY of any breach for violation of any term, covenant or condition of this Agreement. Page 6 - 38 City of Dublin Disposal Service Agreement 1360 1361 1362 1363 1364 1365 1366 1367 1368 1369 1370 1371 1372 1373 1374 1375 1376 1377 1378 1379 1380 1381 1382 1383 1384 1385 1386 1387 1388 1389 1390 1391 1392 1393 ARTICLE 19. Prohibition Against Gifts 19.01 CONTRACTOR represents that CONTRACTOR is familiar with CITY'S prohibition against the acceptance of any gift by a CITY officer or designated employee. CONTRACTOR shall not offer any CITY Officer or designated employee any gifts prohibited by the CITY. ARTICLE 20. Point of Contact 20.01 The day-to-day dealings between the CONTRACTOR and the CITY shall be between the CONTRACTOR and the City Representative. ARTICLE 21. Notices 21.01 Except as provided herein, whenever either party desires to give notice to the other, it must be given by written notice addressed to the party for whom it is intended, at the place last specified and to the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective persons and places forlgiving of notice: As to the CITY: Jason A. Behrmann Senior Administrative Analyst 100 Civic Plaza Dublin, CA 94568 Telephone: (925) 833-6650 Fax: (925) 833-6651 E-Mail iason.behrmann@ci.dublin.ca.us As to the CONTRACTOR: To be completed. 21.02 Notices shall be effective when received at the adcl, ress as specified above. Changes in the respective address to which such notice is to be directed may be made by written notice. Facsimile transmission is acceptable notice, effective when received, however, facsimile transmissions received (i.e. printed) after 4:30 p.m. or on weekends or holidays, will be deemed reCeived on the next business day. The original of items that are transmitted by facsimile equipment must also be mailed as required herein. page 6-39 Disposal Service Agreement 1394 ARTICLE 22. Nondiscrimination 1395 1396 1397 1398 1399 1400 1401 1402 1403 1404 1405 1406 1407 1408 1409 1410 1411 1412 1413 1414 1415 1416 1417 1418 1419 1420 1421 1422 1423 1424 1425 1426 1427 1428 1429 1430 1431 1432 22.01 Nondiscrimination. In the performance of all work and services under this Agreement, CONTRACTOR shall not discriminate against any person on the basis of such person's race, sex, color, national origin, religion, marital status or sexual orientation. CONTRACTOR shall comply with all applicable local, state and federal laws and regulations regarding nondiscrimination, including those prohibiting discrimination in employment. ARTICLE 23. Contractor's Records 23.01 CONTRACTOR shall maintain any and all letters, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to service recipients for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to CONTRACTOR pursuant to this Agreement. 23.02 CONTRACTOR shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. 23.03 Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Representative, the CITY Attorney, CITY Auditor, CITY Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to CITY for inspection at the CITY offices when it is practical to do so. Otherwise, unless an alternative site is mutually agreed upon, the records shall be available at CONTRACTOR'S address indicated for receipt of notices in this Agreement. 23.04 Where CITY has reason to believe that such records or documents may be lost or discarded due to the dissolution, disbandment or termination of CONTRACTOR'S business, CITY may, by written request or demand of any of the above named officers, require that custody of the records be given to CITY and that the records and documents be maintained in CITY Hall. Access to such records and documents shall be granted to any party authorized by CONTRACTOR, CONTRACTOR'S representatives, or CONTRACTOR'S successor-in-interest. ARTICLE 24. Quality of Performance of Contractor 24.01 Determination of Damaqes. The CITY and CONTRACTOR agree, that as of the time of the execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be incurred by CITY as a result of a breach by CONTRACTOR of its obligations Page 6 - 40 City of Dublin Disposal Service Agreement 1433 1434 1435 1436 1437 1438 1439 1440 1441 1442 1443 1444 1445 1446 1447 1448 1449 1450 1451 1452 1453 1454 1455 1456 1457 1458 1459 1460 1461 1462 1463 1464 1465 1466 1467 1468 1469 under thiS Agreement. The factOrs relating to the impraCticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage resUlts to the Collection Contractor or CITY who are denied services ~Sr denied quality or reliable service; (ii) such breaches cause inconvenience/, anxiety, frustration, and deprivation of the benefits of the Agreement to the Collection Contractor or CITY for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that exclusive services might be available at substantially lower costs than alternative services and the monetary Iossresulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies are, at best, a means of future correction and not remedies which make the Collection Contractor or CITY whole for past breaches. 24.02 Liquidated Damaqes. The parties further acknowledge that consistent and reliable Disposal Service is of utmost importance to CITY and that CITY has considered and relied on CONTRACTOR'S representations as to its quality of service commitment in awarding the Agreement to it. The parties further recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performan, ce. The parties further recognize that if CONTRACTOR fails to achieve the performance standards, or fails to submit required documents in a timely manner, CITY, Collection Contractor and City's residents and businesses will suffer ~lamages and that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages. Therefore, without prejudice to CITY'S right to treat such non-performance as an event of default under Article 10, the parties agree that the liquidated damages amount defined in this. Section represent reasonable estimates of the amount of such damages considering all of the circumstances existing on the effective date of this Agreement, including the relationship of the sums to the range of harm to CITY that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or impractical. In placing their initials at the places provided, each party specifically confirms the accuracy of the statements made above and the fact that each party has had ample opportunity to consult with legal council and Obtain an explanation of the liquidated damage provisions at the time that the Agreement was madel CITY Initial Here CONTRACTOR Initial Here 1470 1471 24.02.1 CONTRACTOR agrees to pay (as liquidated damages and not as penalty) the following amounts: Page 6-41 Disposal Service Agreement 1472 1473 1474 1475 1476 1477 1478 1479 1480 1481 1482 1483 1484 1485 1486 1487 1488 1489 1490 1491 1492 1493 a. Failure to turnaround Collection Contractor vehicles at the $100 per occurrence Disposal Facility or transfer station within the 15 minute limit b. Failure to submit monthly repo~ to the CITY within 30 $100 per calendar days day in excess of 30 days c. Failure to submit annual repo~ by August 31st. $300 per calendar day after August 31st. d. Failure to maintain minimum operation hours or days $100 per Work Day 24.03 CITY may determine the occurrence of events giving rise to liquidated damages through the observation of its own employees or representative or investigation of complaints by Collection Contractor. 24.04 Notification. Prior to assessing liquidated damages, CITY shall give CONTRACTOR notice of its intention to do so. The notice will include a brief description of the incident(s) and non-performance. CITY may present evidence of non-performance in writing and through testimony of its employees and others relevant to the incident(s) and non-performance. CITY will provide CONTRACTOR with a written explanation of his or her determination on each incident(s) and non-performance prior to authorizing the assessment of liquidated damages. The decision of CITY shall be final and no further administrative remedies shall be available. 24.05 Payment. CONTRACTOR shall pay any liquidated damages assessed by CITY within tem (10) Work Days after they are assessed. If they are not paid with the ten (10) day period, CITY may proceed against the performance bond required by this Agreement or order the termination of the franchise granted by this Agreement, or both. ARTICLE 25. Severability 25.01 If any provision of this Agreement or the application of it to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or Page 6 - 42 City of Dublin Disposal Service Agreement 1494 1495 1496 1497 1498 1499 1500 1501 1502 1503 1504 1505 1506 1507 1508 1509 1510 unenforceable, shall not be affected, shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. ARTICLE 26. Right to Require Performance 26.01 The failure of the CITY at any time t© require performance by the CONTRACTOR of any provision hereof shall in no way affect the right of the CITY thereafter to enforce same. Nor shall waiver by the CITY of any breach of any provision hereof be taken or held to be a waiver of any succeeding ~reach of such provision or as a waiver of any provision itself. ARTICLE 27. All Prior Agreements Superseded 27.01 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained in this Agreement and the parties agree that ther:e are no commitments, agreements or understandings, concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be predicated upon any prior representations or agreements, whether oral or written. ARTICLE 28. Headings 1511 1512 1513 1514 1515 1516 1517 1518 1519 1520 28.01 Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. ARTICLE 29. Exhibits 29.01 Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Each such Exhibit is a part of this Agreement and each is incorporated by this reference. ARTICLE 30. Effective Date 30.01 This Agreement shall become effective at such time as it is properly executed by the CITY and the CONTRACTOR and the CONTRACTOR shall begin Services, as covered herein, as of July 1, 2005. Page 6-43 Disposal Service Agreement 1521 1522 1523 1524 1525 1526 1527 1528 1529 1530 1531 1532 1533 1534 1535 1536 1537 1538 1539 1540 1541 1542 1543 IN WITNESS WHEREOF, the CITY and the CONTRACTOR have executed this Agreement on the respective date(s) below each signature. CITY OF DUBLIN CONTRACTOR A Municipal Corporation By: By: Name Title: ATTEST: Title: Chairman of the Board, President, Vice President APPROVED AS TO FORM City Attorney By: Name By: Title: Secretary, Assistant Secretary, Financial Officer, Asst. Treasurer Page 6 - 44 City of Dublin Disposal Service Agreement 1544 Exhibit 1 1545 City of Dublin, CA 1546 DISPOSAL RATE PER TON 1547 1548 1549 Beginning Transfer Transport Disposal Transfer Transport Disposal Total Date Of Element Element Element Government Government Government per Ton Agreement (S/ton) (S/ton) (S/ton) Fee Fee Fee Disposal Year Element Element Element Rate (S/ton) (S/ton) July 1, 2005 July 1,2006 July 1,2007 July 1,2008 July 1, 2009 July 1,2010 July 1,2011 July 1,2012 July 1,2013 July 1, 2014 July 1,2015 155O 1551 1552 1553 1554 To be completed based on CONTRACTOR's Proposal Page 6 ~ 45 Disposal Service Agreement 1555 1556 1557 This page intentionally left blank. Page 6 - 46 City of Dublin Disposal Service Agreement Exhibit 2 City of Dublin, CA Performance Bond To be Inserted after Agreement Award Page 6 - 47 Disposal Service Agreement Exhibit 3 City of Dublin, CA GUARANTY AGREEMENT THIS GUARANTY (the "Guaranty) is given as of the __ day of __, 2005. THIS GUARANTY is made with reference to the following facts and circumstances: A. {Insert Company Name}, hereinafter ("CONTRACTOR") is a corporation organized under the laws of the State of California, all of the issued and outstanding stock of which is owned by , which is owned by (Guarantor). Guarantor owns all of the issued and outstanding stock of B. CONTRACTOR and the CITY of Dublin ("CITY") have negotiated an Agreement for Disposal Services dated as of ., (hereinafter "Agreement"). A copy of this Agreement is attached hereto. C. It is a requirement of the Agreement, and a condition to the CITY entering into the Agreement, that Guarantor guaranty CONTRACTOR's performance of the Agreement. D. Guarantor is providing this Guaranty to induce the CITY to enter into the Agreement. NOW, THEREFORE, in consideration of the foregoing, Guarantor agrees as follows: 1. Guaranty of the Aqreement. Guarantor hereby irrevocably and unconditionally guarantees to the CITY the complete and timely performance, satisfaction and observation by CONTRACTOR of each and every term and condition of the Agreement, which CONTRACTOR is required to perform, satisfy, or observe. In the event that CONTRACTOR fails to perform, satisfy or observe any of the terms and conditions of the Agreement, Guarantor will promptly and fully perform, satisfy or observe them in the place of CONTRACTOR or cause them to be performed, satisfied or observed. Guarantor hereby guarantees payment to the CITY of any damages, costs, or expenses which might become recoverable by the CITY from CONTRACTOR due to its breach of the Agreement. 2. Guarantor's Obliqations Absolute. The obligations of the Guarantor hereunder are direct, immediate, absolute, continuing, unconditional, and unlimited, and with respect to any payment obligation of CONTRACTOR under the Agreement, shall constitute a guarantee of payment and not of collection, and are not conditional upon the genuineness, validity, regularity, or enforceability of the Agreement. In any action brought against the Guarantor to enforce, or for damages for breach of, its obligations hereunder, the Guarantor shall be entitled to all defenses, if any, that would be available Page 6 - 48 City of Dublin Disposal Service Agreement to CONTRACTOR in an action to enforce, or for damages for breach of, the Agreement (other than discharge of, or stay of proceedings to enforce, obligations under the Agreement under bankruptcy law). ~ 3. Waivers. Except as provided herein the Guarantor shall have no right to terminate this Guaranty or to be released, relieved, exonerated or discharged from its obligations under this Guaranty for any reason whatsoever, including, without limitation: (1) the insolvency, bankruptcy, reorganization or ces§ation of existence of CONTRACTOR; (2) the actual or purported rejection 'by a trustee in bankruptcy of the Agreement, or any limitation on any claim in bankruptcy resulting from the actual or purported termination of the Agreement; (3) any waiver with respect to any of the obligationS of the Agreement guaranteed hereunder or the impairment or suspension of any of the CITY's rights or remedies against CONTRACTOR; or (4) any merger or consolidation of CONTRACTOR with any other corporation, or any isale, lease or transfer of any or all the assets of CONTRACTOR. Without limiting the generality of the foregoing, Guarantor hereby waives the rights' and benefits under California Civil Code §2819. The Guarantor hereby waives any and all benefits and defenses under California Civil Code §2846, 2849, and 2850 aS may be amended from'time to time, including without limitation, the right to require the CITY to (a) proceed against CONTRACTOR, (b) proceed against or exhaust any seCurity or collateral the CITY may hold now or hereafter hold, or (c) pursue any bther right or remedy for Guarantor's benefit, and agrees that CITY may proceed against Guarantor for the obligations guaranteed herein without taking' any action against CONTRACTOR or any other guarantOr or pledgor and withOut proceeding against or exhausting any security or collateral the CITY may hold now or hereafter hold. The CITY may unqualifiedly exercise in it sole discretion any or all rights and remedies available to it aghinst CONTRACTOR or any other guarantor or pledgor Without impairing the CITY's rights and remedies in enforcing this Guaranty. The Guarantor hereby waives and agrees to waive at any future time at the request of the CITY to the extent now or then permitted by applicable i law, any and all rights which the Guarantor may have or which at any 'time hereafter may be conferred upon it, by statute, regulation or otherwise, to avoid any of its obligations under, or to terminate, cancel, quit or surrender this Guaranty. Without limiting the generality of the foregoing, it is ag~reed that the occurrence of any one or more of the following shall not affect the liability of the Guarantor hereunder: (a) at any time or from time to time, without notice the Guarantor, performance or compliance herewith is waiVed; (b) any other of any provision of its Agreement indemnification with respect to CONTRACTOR's obligations under the Agreement or any security therefore is released or exchanged in whole or in par[ or otherwise dealt with; or (c) any assignment of the Agreement is effected which does not require the CITY's approval. Page 6-49 Disposal Service Agreement The Guarantor hereby expressly waives, diligence, presentment, demand for payment or performance, protest and all notices whatsoever, including, but not limited to, notices of non-payment or non-performance, notices of protest, notices of any breach or default, and notices of acceptance of this Guaranty. If all or any portion of the obligations guaranteed hereunder are paid or performed, Guarantor's obligations hereunder shall continue and remain in full force and effect in the event that all or any part of such payment or performance is avoided or recovered directly or indirectly from the CITY as a preference, fraudulent transfer or otherwise, irrespective of (a) any notice of revocation given by Guarantor or CONTRACTOR prior to such avoidance or recovery, and (b) payment in full of any obligations then outstanding. 4. Term. This Guaranty is not limited to any period of time, but shall continue in full force and effect until all of the terms and conditions of the Agreement have been fully performed or otherwise discharged and Guarantor shall remain fully responsible under this Guaranty without regard to the acceptance by the CITY of any performance bond or other collateral to assure the performance of CONTRACTOR's obligations under the Agreement. Guarantor shall not be released of its obligations hereunder so long as there is any claim by the CITY against CONTRACTOR arising out of the Agreement based on CONTRACTOR's failure to perform which has not been settled or discharged. 5. No Waivers. No delay on the under this Guaranty or failure to waiver of such rights. No notice to of any obligation of Guarantor or action without notice or demand. part of the CITY in exercising any rights exercise such rights shall operate as a or demand on Guarantor shall be a waiver right of the CITY to take other or further No modification or waiver of any of the provisions of this Guaranty shall be effective unless it is in writing and signed by the CITY and by Guarantor, nor shall any waiver be effective except in the specific instance or matter for which it is given. 6. Attorney's Fees. In addition to the amounts guaranteed under this Guaranty, Guarantor agrees in the event of Guaranty's breach of its obligations including to pay reasonable attorney's fees and all other reasonable costs and expenses incurred by the CITY in enforcing this Guaranty, or in any action or proceeding arising out of or relating to this Guaranty, including any action instituted to determine the respective rights and obligations of the parties hereunder. 7. Governinq Law: This Guaranty is and shall be deemed to be a Agreement entered into in and pursuant to the laws of the State of California and shall be governed and construed in accordance with the laws of California without regard to its conflicts of laws, rules for all purposes including, but not limited to, matters of construction, validity and performance. Guarantor agrees that any suit, action, and other proceeding brought by the CITY or other party to enforce this Guaranty may be brought and concluded in the courts of the Page 6 - 50 City of Dublin Disposal Service Agreement State of California, in Alameda County or Federal District court for northern California, which shall have exclusive jurisdiction over such suit, actidn, or proceeding. Guarantor appoints the following person as its agents for service of process in California: With a copy by certified mail to: 8. Severability. If any portion of this Guaranty is held to be invalid or unenforceable, such invalidity will have not effect upon the remaining portions of this Guaranty, which shall be severable and continue in full force and effect. 9. Binding on Successors. This Guaranty shall inure to the benefit Of the CITY and its successors and shall be binding upon Guarantor and its successors, including transferee(s) of substantially all of its assets and its shareholder(s) in the event of its dissolution or insolvency. 10. Authority. Guarantor represents and warrants that it has the corpOrate power and the authority to give this Guaranty, that its execution of this Guaranty has been authorized by all necessary action under its Artidle of Incorporation and By-Laws, and that the person signing this Guaranty On its behalf has the authority to do so. 11. Notices. Notice shall be given in writing, deposited in the U.S. mail, registered or certified, first class postage prepaid, addressed as follows: To the CITY: CITY Manager CITY of Dublin 100 Civic Plaza Dublin, CA 94568 with a copy to the CITY Attorney at the same address. To the Guarantor: {Insert Title} Page 6 - 51 Disposal Service Agreement IN WITNESS WHEREOF, the CITY and Guarantor have executed this Agreement as of the day and year first above written. GUARANTOR: (name of Guarantor) By: CITY OF DUBLIN A Municipal Corporation Name (sign here) Title (print name/title) By: RECOMMENDED FOR APPROVAL: Name (sign here) Title (print name/title) APPROVED AS TO FORM: CITY Attorney Name CITY Attorney Proper notarial acknowledgment of execution by Guarantor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. Page 6 - 52 City of Dublin Disposal Service Agreement Exhibit 4 City of Dublin, CA RESOURCE RECOVERY PROGRAMS (To be inserted) Page 6 - 53 Disposal Service Agreement Exhibit 5 City of Dublin, CA Approved Subcontractors (To be inserted) Page 6 - 54 City of Dublin SECTION 7 PROPOSAL FORMS SECTION 7 PROPOSAL FORMS Forms A to N on the following pages are the required forms that must be completed as part of the Proposal. Forms or questions that are not applicable should be included and marked "Not Applicable." The purpose of the forms contained herein is not intended in any way to limit the type, quality or quantity of data and information supplied by the Proposer. FOrms not completed in full may result in disqualification. Forms O and P "Performance Bond~" do not need to be completed at this time. Form Q "Secretary's Certification" is an informational form included as an example. Proposers are reminded that the CITY strongly seeks to minimize impacts to the current customer service rates while retaining or improving upon the current level of service. page 7-1 Section 7 THIS PAGE INTENTIONALLY LEFT BLANK Page 7-2 City of Dublin FORMS FORM A PROCESS INTEGRITY RULES The City of Dublin's pledge is for the procurement process for Collection Services and Disposal Services to be open, objective, carefully monitored, and understandable to all. The following rules will be adhered to and enforced. UNTIL THE CITY COUNCIL EXECUTES THE COLLECTION SERVICE AND DISPOSAL SERVICE CONTRACTS, ALL CONTACT BETWEEN PROPOSERS AND THE CITY RELATED TO THE RFP SHALL BE THROUGH JASON BEHRMANN. AL'L INTERACTION SHALL BE IN WRITING, EITHER BY MAIL OR BY E-MAIL THE ADDRESS AND FAX NUMBER ARE: Jason Behrmann, Senior Administrative Analyst City of Dublin 100 Civic Plaza Dublin CA 94568 Phone (925) 833-6650 Fax (925) 833-6651 Jason.behrmann@ci.dublin.ca.us Any attempt to contact or interact with any elected or appointed official of the City for the purpose of influencing the selection process will be grounds for disqualification from the selectiOn process. ' All communications between the City and a participant, along with the related responses, will be transmitted simultaneously to all participants. Any participant who fails to recognize or utilize this process of communication will be notified of its violation and may be subject to disqualification from the selection proces~ at the sole discretion of the City. All participants must acknowledge and sign this statement as part of the RFP process. All participants must provide a signed ORIGINAL of this statement by the close of the MANDATORY pre-proposal meeting. Participants that do not provide this signed statement will be disqualified from this procurement process. On behalf of my company/agency, I understand and accept the rules established in this statement. Company/Agency Name: Company/Agency: Title: Representative Date: Signature Page 7-3 Section 7 THIS PAGE INTENTIONALLY LEFT BLANK Page 7-4 City of Dublin I-ORMS FORM B PROPOSER'S STATEMENT OF ORGANIZATION 1. Full Name of Proposer: Principal Business Address: 2. Principal Contact Person(s): 3. Legal Form of Proposer (Corporation, Partnership, Joint Venture, Other): Provide names of partners or officers as appropriate and indicate if the individual has the authority to sign in name of proposer. Provide proof of the ability of the individuals so named to legally bind the proposer. Name Address Title If incorporated, in what state incorporated: Date Incorporated: Month Day Year If a Joint Venture or Partnership, date of Agreement: List all firms participating in this project (including designers, prime contractors, subcontractors, operators, major equipment suppliers, etc.): Name Address Page 7-'5 Section 7 FORM B (Cont.) 6. Outline specific areas of responsibility for each firm listed in Question 5. 1. 7. Identify the provisions of any agreement between parties set forth in question 6 which assigns legal or financial liabilities or responsibilities: 8. If responding firm(s) are a partially or fully-owned subsidiary of another firm, or share common ownership with another firm, please identify the firms and relationships. Page 7-6 City of Dublin FORMS FORM C STAFFING Attach an organization chad (s) for the applicable service. If the Proposer is submitting proposals on multiple services, a single organization chad can be provided which incorporates each service. The organization chad must show staffing by position, number of staff per position and organizational relationship of positions. Also attach narrative description of duties and responsibilities of each staff position and qualifications required for each position. If any staff person(s) is to be used in more than one service, this should be indicated. For profes'sional or management level staff that will be responsible for providing services, provide a detailed resume indicating the individual(s) areas of expertise and experience. Resumes must be provided in the following format, however additional information may be provided at the option of the proposer. B. C. D. Name & Title Project Assignment Name of Proposer with which Associated Years Experience with: This Proposer: With Other Similar Proposers: Education: Degree(s) Year/Specialization Other Relevant Experience and Qualifications Professional References: (A minimum of 3 may be requested by City during proposal evaluation. ) Page 7-7 Section 7 THIS PAGE INTENTIONALLY LEFT BLANK Page 7-8 City of Dublin FORMS FORM D , COLLECTION SERVICE COMPENSATION PROPOSAL FORMS Prior to preparing the Collection Service Compensation Proposal Forms Proposers should review Article § of the Collection Service Agreement of the RFP to familiarize themselves with the compensation adjustment methodology of the Collection Service Agreement. Proposed Compensation. The Proposers compensation shall consist of four (4) elements; a Collection Compensation Element, a Disposal Compensation Element, a Container Compensation Element and a Fee Compensation Element. Proposers should base their compensation calculations on the customer and service data provided by the CITY in this RFP. Collection Compensation Element. Proposers should provide a proposed Collection Compensation Element for the first (1*t) Agreement Year on line 1 of Forms D-1 through D-5. Disposal Compensation Element. Proposers should provide a proposed Tonnage amount representing the total tonnage the proposer anticipates Disposing at the Disposal Facility for the first (1St) Agreement Year on line 2 of Forms D-1 through D-5. Proposers should not provide a Disposal Compensation Element on line 4 on FOrms D-1 through D-5. Instead, the CITY will multiply the tonnage amount times the tipping fee of the selected Disposal Contractor to determine the proposed Disposal Compensation i Element for the first (1~t) Agreement Year. Container Compensation Element. Proposers should provide a proposed Container Compensation Element for the first (1~t) Agreement Year on line 5 of Forms D-1 through D-5. Fee Compensation Element. Proposers should not provide a Fee Compensation Element amount on line 6 of FOrms D'I through D'5. Once the CITY has calculated the Disposal Compensation Element, the Fee Compensation Element will be calculated in accordance with Article 5 of the Collection Service Agreement. A.qreement Service Level and Options. Proposers shall provide proposed compensation for the base level of service and for four (4) optional reductions to that service level. Agreement Service Level - Form D-1 The Agreement service level includes Collection Services as set forth in the Collection Service Agreement in Section 5 of this RFP. Specifically this service level includes: · the provision of Large Item Collection Services to SFD Service Units ~three (3) times per Agreement Year at up to seven (7) cubic yards per collection event; · the provision of SFD Organic Waste Collection Service; · the inclusion of E-Waste in Large Item Collection Service; and · the use of alternative fuel or"clean air vehicles". Option 1 - SFD Organic Waste Collection Service - Form D-2. Option 1 is the removal of the SFD Organic Waste Collection Service Program and the imPlementation of a S~D Green Waste Collection Service program. Page 7-9 Section 7 Option 2 - Larqe Item Collection Service - Form D-3. Option 2 is the reduction of the Large Item Collection Service level to SFD Service Units from seven (7) cubic yards per collection event to five (5) cubic yards per collection event. Option 3 - E-Waste - Form D-4. Option 3 is the elimination of E-waste from the Large Item Collection Service programs. Under this option the HHW Drop-off event will become an E- waste and HHW Drop-off Event. Option 4 - Alternative Fuel Vehicles - Form D-5. Option 4 is the removal of the requirement for the use of alternative fuel vehicles from the Agreement. Instead the CONTRACTOR would be allowed to use vehicles meeting all current and future state and federal air quality regulations. Multiple Service Discount. Proposers proposing to offer both Collection Services and Disposal Services shall complete line 1 of Form D-6 to indicate the discount, if any, that will be applied to the Collection Compensation Elements (line 1) proposed on Forms D-1 through D-5 in the event both Services are awarded to the proposer. The Undersigned hereby certifies as follows: That have personally and carefully examined the specifications and instructions for the work to be done as set forth in this RFP. That have made examination of the services as applicable to the Proposal, and fully understand the character of the work to be done. That, having me the necessary examination, the undersigned hereby proposes to furnish all materials, vehicles, plant, equipment and facilities, and to perform all labor and services which may be required to do said work with the time fixed and upon the terms and conditions provided in the Collection Service Agreement, at the compensation levels set forth and calculated on the Collection Service Compensation Proposal Form above and that such compensation levels shall be valid for a period of one hundred eighty (180) days from the submission date of the Proposal. PROPOSER President/PartnedOwnedOther Secretary Proposer Name Individual: A Date Partnership: Joint Venture Corporation (State of Incorporation) Page 7-10 City of Dublin FORMS CITY of Dublin Collection Service Compensation Proposal Form D-1 Agreement Service Level Agreement Year 1 1. Collection Compensation Element I $ 2. Tonnage for Calculating Disposal Compensation Element 3. Disposal Tipping Fee (To be completed by CITY) 4. Disposal Compensation Element (To be completed by C~TY) 5. Container Compensation Element 6. Fee Compensation Element (To be completed by CITY) 7. Total (To be completed by City) Tons $ Proposers should provide the required information on lines 1, 2 and 5 of Form D-1. Agreement Service Level. The Agreement service level includes Collection Service~ as set forth in the Collection Services Agreement in Section five (5) of this RFP. Specifically this service level includes: · the provision of Large Item Collection Services to SFD Service Units three (3) times per Agreement Year at up to seven (7) cubic yards per collection event; · the provision of SFD Organic Waste Collection Service; · the inclusion of E-Waste in Large Item Collection Service; and · the use of alternative fuel or"clean air vehicles". Page 7-11 Section 7 CITY of Dublin Collection Service Compensation Proposal Form D-2 Option 1 Service Level Agreement Year 1 1. Collection Compensation Element $ 2. Tonnage for Calculating Disposal Compensation Element 3. Disposal Tipping Fee (To be completed by CITY) 4. Disposal Compensation Element (To be completed by CITY) 5. Container Compensation Element 6. Fee Compensation Element (To be completed by CITY) 7. Total (To be completed by City) Tons $ Option 1 - SFD Orqanic Waste Collection Service - Form D-2. Option 1 is the removal of the SFD Organic Waste Collection Service program and the implementation of a SFD Green Waste Collection Service program. Proposers should provide the required information on lines 1, 2 and 5 of Form D-2 under the Option 1 service level. Page 7-12 City of Dublin FORMS CITY of Dublin Collection Service Compensation Proposal Form D-3 Option 2 Service Level Agreement Year 1. Collection Compensation Element $ 2. Tonnage for Calculating Disposal Compensation Element 3. Disposal Tipping Fee (To be completed by CITY) 4. Disposal Compensation Element (To be completed by CITY) 5. Container Compensation Element 6. Fee Compensation Element (To be completed by CITY) 7. Total (To be completed by City) Tons Option 2 - Large Item Collection Service - Form D-3. Option 2 is the reduction of the Large Item Collection Service level to SFD Service Units from seven (7) cubic yards per c611ection event to five (5) cubic yards per collection event. Proposers should provide the required information on lines 1, 2 and 5 of Form D-3 based on the Option 2 service level. Page 7-13 Section 7 CITY of Dublin Collection Service Compensation Proposal Form D-4 Option 3 Service Level Agreement Year 1. Collection Compensation Element $ 2. Tonnage for Calculating Disposal Compensation Element 3. Disposal Tipping Fee (To be completed by CITY) 4. Disposal Compensation Element (To be completed by CITY) 5. Container Compensation Element 6. Fee Compensation Element (To be completed by CITY) 7. Total (To be completed by City) Tons $ Option 3 - E-Waste - From D-4. Option 3 is the elimination of E-waste from the Large Item Collection Service programs. Under this option the HHW Drop-off event will become an E- waste and HHW Drop-off Event. Proposers should provide the required information on lines 1, 2 and 5 of Form D-4 based on the Option 3 service level. Page 7-14 City of Dublin FORMS CITY of Dublin Collection Service Compensation Proposal Form D-5 Option 4 Service Level Agreement Year 1 1. Collection Compensation Element $ 2. Tonnage for Calculating Disposal Compensation Element 3. Disposal Tipping Fee (To be completed by CITY) 4. Disposal Compensation Element (To be completed by CITY) 5. Container Compensation Element 6. Fee Compensation Element (To be completed by CITY) 7. Total (To be completed by City) Tons Option 4 - Alternative Fuel Vehicles - From D-5. Option 3 is the removal of the requirement for the use of alternative fuel vehicles from the Agreement. Instead the CONTRACTOR would be allowed to use vehicles meeting all current and future state and federal airlquality regulations. Proposers should provide the required information on lines 1, 2 and 5 of Form D-5 based on the Option 4 service level. Page 7-15 Section 7 CITY of Dublin Collection Service Compensation Proposal Form D-6 Multi-Service Discount Agreement Year 1 1. Collection Compensation Element % Multi-Service Discount - Form D-6. Proposers proposing to offer both Collection Services and Disposal Services shall complete line 1 of Form D-6 to indicate the discount, if any that will be applied to the Collection Compensation Elements proposed on Forms D-1 through D- 5 in the event both Services are awarded to the proposer. Page 7-16 City of Dublin FORMS FORM D-7 EMERGENCY SERVICE RATES - EMPLOYEES The following cost proposal form is to be utilized by the Proposer to provide the CITY with the hourly service rates to be charged for the provision of emergency services as set forth in the Collection Service Agreement. FORM D-7 EMERGENCY SERVICE RATES - EMPLOYEES Page of Pages Labor Position Hourly Rate Page 7-17 section FORM D-8 EMERGENCY SERVICE RATES - EQUIPMENT The following cost proposal form is to be utilized by the Proposer to provide the CITY with the hourly service rates to be charged for the provision of emergency services as set forth in the Collection Service Agreement. FORM D-8 EMERGENCY SERVICE RATES - EQUIPMENT Page of Pages Labor Position or Equipment Type Make & Model Hourly Rate Page 7-18 City of Dublin FORMS FORM E DISPOSAL SERVICE RATE PROPOSAL FORMS Prior to preparing the Disposal Service Rate Proposal Forms Proposers should review Article 5 of the Disposal Service Agreement of the RFP. Proposers should note that except as set forth in the Disposal Service Agreement, Disposal Rates as proposed will not be adjusted over the term of the Agreement. The Undersigned hereby certifies as follows: That have personally and carefully examined the specifications and instructions for the work to be done as set forth in this RFP. That have made examination of the services as applicable to the Proposal, and fully understand the character of the work to be done. That, having me the necessary examination, the undersigned hereby proposes to furnish all materials, vehicles, plant, equipment and facilities, and to perform all labor and services which may be required to do said work with the time fixed and upon the terms and conditions provided in the Disposal Service Agreement, at the rates set forth and calculated on the Disposal Service Rate Proposal Forms and that such rates shall be valid for a period of one hundred eighty (180) days from the submission date of the' Proposal. ' PROPOSER President/PartnedOwnedOther Secretary Proposer Name Individual: A Date Partnership: Joint Venture Corporation (State of Incorporation) Page 7-19 Section 7 FORM E-1 DISPOSAL SERVICE RATES TEN (10) YEAR TERM Agreement Transfer Transport Disposal Transfer Transport Disposal Total per Year Element Element Element Government Government Government Ton Beginning (S/ton) (S/ton) (S/ton) Fee Fee Fee Disposal Element Element Element Rate (S/ton) (S/ton) (S/ton) July 1, 2005 July 1, 2006 July 1, 2007 July 1, 2008 July 1, 2009 July 1, 2010 July 1, 2011 July 1, 2012 July 1, 2013 July 1, 2014 Proposers should complete the appropriate columns for each year based on the type of program, Disposal, or Transfer and Disposal that they are proposing. Page 7-20 City of Dublin FORMS (a) (b) (c) FORM E-2 GOVERNMENT FEE COMPONENTS OF DISPOSAL SERVICE RATES California Integrated Waste Management Board (AB1220) Fee Alameda County Local Enforcement Agency Landfill/Transfer Station Fee(s) Transfer Transport Disposal Total Government Government Government Government Fee Fee Fee Fee Component Component Component Component S/Ton S/Ton S/Ton S/Ton $ $ $ $ Alameda County Business License Fee $ $ $ $ (d) Alameda County "Measure D" Fee $ $ $ $ $ $ $ $ (e) Alameda County WaSte Management Authority Facilities Fee $__ $__ $ (f) Alameda County $__ $__ $__ $__ Waste Management Authority Household Hazardous Waste Fee (g) County Planning $__ $__ $__ $__ Department Fee (h) County Open Space $ __ $ __ $ __ $ __ Fee (i) Other Fees $__ $ __ $ $ __ Total Government Fee Elements July 1, 2005 $ $__ $ Proposers should provide the details of the government fee elements shown on Form E-1 for the Agreement Year beginning July 1, 2005. Page 7-21 Section 7 FORM E-3 MULTI-SERVICE DISCOUNT DISPOSAL SERVICE RATES TEN (10) YEAR TERM Agreement Transfer Transport Disposal Transfer Transport Disposal I Total per Year Element Element Element Government Government GovernmentI Ton Beginning (S/ton) (S/ton) (S/ton) Fee Fee Fee I Disposal I Element I Element I Element I Rate July 1, % % % 2005 July 1, % % % 2006 July 1, % % % 2007 July 1, % % % 2008 July 1, % % % 2009 July 1, % % % 2010 July 1, % % % 2011 July 1, % % % 2012 July 1, % % % 2013 July 1, % % % 2014 Multi-Service Discount - Form E-3. Proposers proposing to offer both Collection Services and Disposal Services shall complete the appropriate columns of Form E-3 to indicate the discount percentage, if any, that will be applied to the Transfer, Transport and Disposal Elements, as appropriate, of the Rates proposed on Form E-1 in the event both Services are awarded to the proposer. Page 7-22 City of Dublin FORM E-4 DISPOSAL SERVICE RATES OPTIONAL TWENTY (20) YEAR TERM Agreement Transfer Transport Disposal Transfer Transport Disposal Total Year Element Element Element Government Government Government per Ton Beginning (S/ton) (S/ton) (S/ton) Fee Fee Fee Disposal Element Element Element Rate (S/ton) (S/ton) (S/ton) July 1, 2005 July 1, 2006 July 1, 2007 July 1, 2008 July 1, 2009 July 1, 2010 July 1, 2011 July 1, 2012 July 1, 2013 July 1, 2014 July 1, 2015 July 1,2016 July 1, 2017 ,July 1, 2018 July 1, 2019 July 1, 2020 July 1, 2021 July 1, 2022 July 1, 2023 July 1, 2024 Proposers electing to propose the optional straight twenty (20) year term with no extensions should complete the appropriate columns for each year based on the type of program, Disposal, or Transfer and Disposal that they are proposing. Page 7-23 Section 7 FORM E-5 MULTI-SERVICE DISCOUNT DISPOSAL SERVICE RATES OPTIONAL TWENTY (20) YEAR TERM Agreement Transfer Transport Disposal Transfer Transport Disposal I Total Year Element Element Element Government Government Government I perTon Beginning (S/ton) (S/ton) (S/ton) Fee Fee I Fee I Disposal t Element I Element I Element I Rate July 1, 2005 % % % July 1, 2006 % % % July 1, 2007 % % % July 1, 2008 % % % July 1, 2009 % % % July 1, 2010 % % % July 1, 2011 % % % July 1, 2012 % % % July 1, 2013 % % % July 1, 2014 % % % July 1, 2015 % % % July 1, 2016 % % % July 1, 2017 % % % July 1, 2018 % % % July 1, 2019 % % % July 1, 2020 % % % July 1, 2021 % % % July 1, 2022 % % % July 1, 2023 % % % July 1,2024 % % % Multi-Service Discount - Form E-5. Proposers electing to propose on the optional straight twenty (20) year term and proposing to offer both Collection Services and Disposal Services shall complete the appropriate columns of Form E-3 to indicate the discount percentage, if any, that will be applied to the Transfer, Transport and Disposal Elements, as appropriate, of the Rates proposed on Form E-4 in the event both Services are awarded to the proposer. Page 7-24 City of Dublin FORMS FORM F GARBAGE COLLECTION VEHICLES (Complete one form for each type of collection vehicle) 1. Manufacturer and Model A. Cab and Chassis B. Body C. Engine D. Transmission 2. Number of Vehicles 3. Cab and Chassis: A. Cab Height B. Walk-In Cab C. Number of Axles D. Dual Drive E. yes Overall Approximate Length With Body Mounted: yes inches no no inches BodY: A. Type of Body (open-top, closed body, etc.) B. Rated Capacity C. Practical or Net Capacity D. No. of Bins or Compartments E. Net Capacity of Each Bin or Compartment F. Overall Body Length - Overall G. Body Height - Overall H. Body Width - Overall I. Loading Height Above Ground: Minimum Maximum J. Materials of Construction cu.yd. cu.yd. cu.yd. cu.yd. inches inches inches inches inches K. Weight: GVW lbs Tare Will the vehicles be owned, leased, or other? lbs Page 7-25 Section 7 FORM F (Cont.) 6. Purchase cost of each vehicle 7, Fuel type 8, Fuel usage 9, Emissions rating A. CO B. HC (total hydrocarbons) C. NO× D, Particulate Matter 10, Safety Features 11, Color 12. Use additional pages to provide the following narratives: A, Discuss past experience with this type of vehicle. B. Discuss the advantages of this type of vehicle as related to: B.1 Efficiency B.2 Productivity B.3 Ease of Operation B.4 Cost of Operation B.$ CleanAir Standards mpg g/bhp/hr g/bhp/hr g/bhp/hr g/bhp/hr Page 7-26 City of Dublin FORM G RECYCLABLES COLLECTION VEHICLES (Complete one form for each type of collection vehicle) 1. Manufacturer and Model A. Cab and Chassis B. Body C. Engine D. Transmission 2. Number of Vehicles 3. Cab and Chassis: A. Cab Height B. Walk-In Cab yes C. Number of Axles D. Dual Drive yes E. Overall Approximate Length With Body Mounted: 4. Body: A. Type of Body (open-top, closed body, etc.) B. Rated Capacity C. Practical or Net Capacity D. No. of Bins or Compartments E. Net Capacity of Each Bin or Compartment F. Overall Body Length - Overall G. Body Height - Overall H. Body Width - Overall I. Type of Body Loading (manual, automated, etc.) J. Loading Height AboveGround: Minimum Maximum inChes no cu.yd. cu.yd. cu.yd. cu.yd. inches inches inches inches inches K. Materials of Construction no inches L. Weight: GVW lbs Tare lbs Page 7-27 5. FORM G (Cont.) 6. Will the vehicles be owned, leased, or other? 7'. Purchase cost of each vehicle 8. Fuel type 9. Fuel usage 10. Emissions rating A. CO B. HC (total hydrocarbons) C. NOx D. Particulate Matter 11, Safety Features 12. Color 13. Use additional pages to provide the following narratives: A. Discuss past experience with this type of vehicle. B. Discuss the advantages of this type of vehicle as related to: i~.1 Efficiency E~.2 Productivity B.3 Ease of Operation E~.4 Cost of Operation E~.5 Clean Air Standards mpg g/bhp/hr g/bhp/hr g/bhp/hr g/bhp/hr Page 7-28 City of Dublin FORMS B. C. D. FORM H ORGANIC WASTE COLLECTION VEHICLES (Complete one form for each type of collection vehicle) Manufacturer and Model Cab and Chassis Body Engine Transmission Number of Vehicles Cab and Chassis: A. Cab Height B. Walk-In Cab yes C. Number of Axles D. Dual Drive yes E. Overall Approximate Length With Body Mounted: Body: A. Type of Body (open-top, closed body, etc.) inChes B. Rated Capacity C. Practical or Net Capacity D. No. of Bins or Compartments E. Net Capacity of Each Bin or Compartment F. Overall Body Length - Overall G. Body Height - Overall H. Body Width - Overall I. Type of Body Loading (manual, automated, etc.) J. Loading HeightAboveGround: Minimum Maximum K. Materials of Construction cu.yd. cu.yd. cu.yd. cu.yd. inches inches inches inches inches no no inches L. Weight: GVW lbs Tare lbs Page 7-29 Section 7 FORM H (Cont.) 5. Will the vehicles be owned, leased, or other? 6. Purchase cost of each vehicle 7. Fuel type 8. Fuel usage 9. Emissions rating A. CO B. HC (total hydrocarbons) C. NOx D. Particulate Matter 10. Safety Features 11. Color 12. Use additional pages to provide the following narratives: A. Discuss past experience with this type of vehicle. B. Discuss the advantages of this type of vehicle as related to: B.1 Efficiency B.2 Productivity B.3 Ease of Operation B.4 Cost of Operation B.§ CleanAir Standards mpg g/bhp/hr g/bhp/hr g/bhp/hr g/bhp/hr Page 7-30 City of Dublin FORMS FORM I CARTS Garbage Carts 1. Manufacturer ............................................... 2. Description and Type (including size & color). $. Material of Construction (recycled content). 4. Material Content .......................................... 5. Durability (in service years) ......................... 6. Cost of Each Container ................................ years (32 gal) (64 gal) (96 gal) Manufacturer's warranty (10-year minimum and attach a copy) ........................................ years Describe the advantages to the residents of this cart related to ease of use, storage, and color. Recycling Carts years (32 gal) (64 gal) (96 gal) 8. Manufacturer ........................................... 9. Description and Type .............................. 10. Material of Construction (recycled content) 11, Material Content ...................................... 12. Durability (in service years) ..................... 13, Cost of Each Container ................................ 14. Manufacturer's warranty (1 O-year minimum and attach a copy) ................................................ years 1§. Describe the advantages of this cart to the residents related to ease of use, storage, and color. FORM I (Cont.) Organic Waste Carts 16. Manufacturer ................................................... 17. Description and Type (including size & color).. 18. Material of Construction (recycled content) ..... 19. Material Content .............................................. 20. Durability (in service years) ............................. 21. Cost of Each Container .................................. yea rs (64 gal) (96 gal) 22. Manufacturer's warranty (1 O-year minimum and attach a copy) ................................................ years 23. Describe the advantages of this cart to the residents related to ease of use, storage, and color. Page 7-32 City of Dublin FORMS FORM J · DISPOSAL FACILITY (Provide One Per Facility Site) 1. Name of Disposal Facility .......................................... 2. Location of Disposal Facility ...................................... 3. Proposer's role in the Disposal Facility ..................... 4. Other contracting parties: .......................................... 5. Name, telephone number and address of Disposal Facility owner ............................................. 6. Types of materials accepted ..................................... 7. Quantity of materials permitted by material type (tpd and tpy) .................................... 8. ClWMB Permit Type and Number ............................. 9. Local Land-use Permit Number ................................. Per ton disposal fee (by material type) Page 7-33 Section 7 THIS PAGE INTENTIONALLY LEFT BLANK Page 7-34 City of Dublin 'FORMS 2. 3. 4. 5. FORM K RECYCLABLES PROCESSING FACILITY (Provide One Per Recyclable Materials Recovery Facility) Name of ProceSsin9 Facility ...................................... Location of Processing Facility .................................. Proposer's role in the Processing Facility .................. Other contracting parties: .......................................... Name, telephone number, and address of Facility's Owner ........................................................ 6. Types of materials accepted for processing .............. Quantity of materials permitted for processing type (tpd and tpy) .................................... 8. ClWMB PermitType and Number ............................. 9. Local Land-use Permit Number ................................. 10. Per ton processing fee by material type .................... Page 7-35 Section 7 THIS PAGE INTENTIONALLY LEFT BLANK Page 7-36 City of Dublin FORMS FORM L ORGANIc WAsTE PRocESSING FACILITY (Provide One Per Organic Waste Processing Facility) 1. Name of Processing Facility ...................................... 2. Location of Processing Facility .................................. 3. Proposer's role in the Processing Facility .................. 4. Other contracting parties: .......................................... 5. Name, telephone number, and address of ............... processor's Owner 6. Types of materials accepted for processing .............. 7. Quantity of materials permitted for ........................... processing type (tpd and tpy) 8. CIWMB PermitType and Number ............................. 9. Local Land-use Permit Number ................................. 10. Per ton processing fee .............................................. 11. Types of finished product(s) ...................................... Page 7-37 SectiOn 7 THIS PAGE INTENTIONALLY LEFT BLANK Page 7-38 City of Dublin FORMS FORM M TRANSFER STATION FACILITY (Provide One Per Facility Site) 1. Name of Transfer Station Facility .............................. 2, Location of Transfer Station Facility .......................... 3. Proposer's role in the Transfer Station Facility .......... 4. Other contracting parties: .......................................... Name, telephone number and address of transfer station facility's owner to contact .................. Types of materials accepted ..................................... 8. Quantity of materials permitted by material type (tpd and tpy) .................................... 9. CIWMB PermitType and Number ............................. '10. Local Land-use Permit Number ................................. 1'1. Per ton transfer fee .................................................. Page 7-39 Section 7 THIS PAGE INTENTIONALLY LEFT BLANK Page 7-40 City of Dublin ~ i"O'R:MS FORM N NON-COLLUSION DECLARATION OF PROPOSER , hereby declares as follows 1. He/She is of the proposer that has submitted the attached proposal; 2. He/She is the duly authorized representative of the proposer, and as such has the authority to legally bind the proposer; 3. He/She is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal; 4. Such proposal is genuine and is not a collusive or sham proposal; 5. Neither said proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this declarant, has in any way colluded, connived, or agreed, directly or indirectly, with any other proposer, firm or person to submit a collusive or sham proposal in connection with the Agreement(s) for which the attached proposal has been submitted or to refrain from proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collision or communication or conference with any other proposer, firm, or person to fix the price or prices in the attached RFP, or of any other proposer, or to fix any overhead, profit or cost element of the proposal or the response of any other proposer, or to secure through any collusion, connivance, or unlawful agreement any advantage against the City of Dublin, California or any person interested in the proposed Agreement(s); and 6. The cost proposals in the attached RFP are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties in interest, including this declarant. I declare under penalty of perjury that the foregoing is true and correct. Executed on ,2004, in , California.: Signature Title Page 7-41 Section 7 THIS PAGE INTENTIONALLY LEFT BLANK Page 7-42 City of Dublin i FORM~ , FORM"~v i, AGREEMENT BETWEEN CITY OF DUBLIN, CALIFORNIA AND (TO BE INSERTED) FOR COLLECTION SERVICES PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that , as Principal, hereinafter called Company, and , as Surety, a corporation organized and existing under the laws of the State of , hereinafter Called Surety, are held and firmly bound Unto the CitY of Dublin, California 100 Civic Plaza, Dublin, CA 94568, as Obligee, hereinafter called Owner, in the full and just sum of One Million Dollars ($1,000,000), for the payment of which sum of money well and truly to be made, Company and Surety bind themselves, their heirs, executors, administrators, successorS and assigns, jointly and severally, firmly by these presents, said amount to include payment ~of actual costs and damages and for attorneys' fees, accounting fees, testing fees, consulting fees, administrative costs, court costs, interest and any other fees and expenses resulting from or incurred by reason of Company's failure to promptly and faithfully perform its contract with Owner, said contract being more fully described below, and to include attorneys' fees, court costs and adminiStrative and other expenses necessarily paid or incurred in successfully enforcing performance of the obligation of Surety under this bond. WHEREAS, Company has entered into a written agreement dated , 2004 with Owner entitled "Agreement for the Provision of Collection Services" Between City of Dublin And (to be inserted) ("Agreement"), the terms and conditions of which are by this reference incorporated herein as though fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT if Company shall well, truly, and promptly perform all the undertakings, covenants, terms, conditions, and agreements of said Company under the Agreement, including, but not limited to, Company's obligations under the Agreement: (1)to provide, perform and complete in the manner specified in the Agreement all necessary work, labor, services, transportation, equipment, materials, apparatus, machinery, tools, fuels, gas, electric, water, waste disposal, information, data, and other means and items necessary for the Collection, Transfer, Transport, Disposal, Recycling, and Processing of Solid Waste, Recyclable Materials, Green Waste, Organic Waste and other materials and the performance of other services related to meeting the diversion goal of 50% by the year 2000 and beyond, and other requirements of the California Integrated Waste Management Act; (2) to procure and furnish all permits, licenses, and other governmental approvals and authorizations necessary in connection therewith; (3)to~ procure and furnish all bonds, certificates, and policies of insurance specified in the Agreement; (4) to pay all applicable federal, state, and local taxes; (5) to do all other things required of Company by the Agreement; and (6) to provide, perform, and complete all of the foregoing in a proper and competent manner and in full compliance with, and as required by and pursuant to, the Agreement; all of which is herein referred to as the "Collection Services." Surety, for value received, hereby stipulates and agrees that no Changes, modifications, alterations, omissions, deletions, additions, extensions of time, or forbearances on the part of either Owner or Company to the other in or to the terms of said Agreement; in or to the schedules or specifications; in or to the method or manner of performance of the Page 7-43 Section 7 Services; equipment, material, service, or sites; or in or to the mode or manner of payment therefor, shall in any way release Company and Surety or either or any of them, or any of their heirs, executors, administrators, successors or assigns or affect the obligations of Surety on this bond, all notice of any and all of the foregoing changes, modifications, alterations, omissions, deletions, additions, extensions of time or forbearances, and notice of any and all defaults by Company or of Owner's termination of Company being hereby waived by Surety. Notwithstanding anything to the contrary in the foregoing paragraph, in no event shall the obligations of Surety under this bond in the event of Company's default be greater than the obligations of Company under the Agreement in the absence of such Company default. In the event of a default or defaults by Company, Owner shall have the right to take over and complete the Agreement pursuant to the provisions of Article 25 of the Agreement and upon 30 calendar days' written notice to Surety, in which event Surety shall pay Owner all costs incurred by Owner in taking over and completing the Agreement. At its option, Owner may instead request that Surety take over and complete the Agreement, in which event Surety shall take reasonable steps to proceed promptly with performance no later than 30 calendar days from the date on which Owner notifies Surety that Owner wants Surety to take over and complete the Agreement. Owner shall have no obligation to actually incur any expense or correct any deficient performance of Company in order to be entitled to receive the proceeds of this bond. No right of action shall accrue on this bond to or for the use of any person or corporation other than Owner or the heirs, executors, administrators or successors of Owner. Signed and sealed this __ Attest/Witness: By: Title: Attest/Witness: By: Title: day of ,200__. PRINCIPAL By: Title: SURETY By: Title: NOTE: If Company is Partnership, all parties must execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact buSineSs in California. NOTARY: The signature of the Surety on this bond must be acknowledged before a notary public. MANDATORY: The Surety shall be authorized and licensed by the California Insurance Commissioner as an "admitted surety insurer." Page 7-44 City of Dublin 2~ ~OR~S APPROVAL: Bonds must be approved by Owner. In order to assess the sufficiency of the Surety, the Surety shall provide the Owner with the documentation set forth in Section 995.660 of the California Code of Civil Procedure. POWER OF ATTORNEY REQUIRED. The Attorney-in-Fact (resident agent) who execUtes this bond on behalf of the Surety must attach a copy of his or her Power of Attorney as evidence of his or her authority. A notary shall acknowledge the power as of the date of the execution of the surety bond that it covers. Page 7-45 Section 7 THIS PAGE INTENTIONALLY LEFT BLANK Page 7-46 City of Dublin FORM P AGREEMENT BETWEEN CITY OF DUBLIN, CALIFORNIA AND (TO BE INSE~RTED) FOR DISPOSAL SERVICE PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that , as Principal, hereinafter called Company, and , as Surety, a corporation organized and existing under the laws of the State of hereinafter called Surety, are held and firmly bound unto the City of Dublin, California 100 Civic Plaza, Dublin, CA 94568, as Obligee, hereinafter called Owner, in the full and just sum of One Million Dollars ($1,000,000), for the payment of which sum of money well and truly to be made, Company and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, said amount to include payment of actual costs and damages and for attorneys' fees, accounting fees, testing fees, consulting fees, administrative costs, court costs, interest and any other fees and expenses resulting from or incurred by reason of Company's failure to promptly and faithfully perform its contract with Owner, said contract being more fully described below, and to include attorneys' fees, court costs and administrative and other expenses necessarily paid or incurred in successfully enforcing performance of the obligation of Surety under this bond. WHEREAS, Company has entered into a written agreement dated , 2004 with Owner entitled "Agreement for the Provision of iDisposal Services" Between City of Dublin And (to be inserted) ("Agreement"), the terms and conditions of which are by this reference incorporated herein as though fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT if Company shall well, truly, and promptly perform all the undertakings, covenants, terms, conditions, and agreements of said Company under the Agreement, including, but not limited to, Company's obligations under the Agreement: (1)to provide, perform and complete in the manner specified in the Agreement all necessary work, labor, services, transPortation, equipment, materials, apparatus, machinery, tools, fuels, gas, electric, water, waste disposal, information, data, and other means and items necessary for the Disposal of Solid Waste and other materials and the performance of other services related to meeting the diversion goal of 50% by the year 2000 and beyond, and other requirements of the California Integrated Waste Management Act; (2)to procure and furnish all permits, licenses, and other governmental approvals and authorizations necessary in connection therewith; (3)to procure and fUrnish all bonds, certificates, and policies of insurance specified in the Agreement; (4)to pay all applicable federal, state, and local taxes; (5) to do all other things required of Company by the Agreement; and (6)to provide, perform, and complete all of the foregoing in a proper and competent manner and in full compliance with, and as required by and pursuant to, the Agreement; all of which is herein referred to as the "Disposal Services." Surety, for value received, hereby stipulates and agrees that no bhanges, modifications, alterations, omissions, deletions, additions, extensions of time, or forbearances on the part of either Owner or Company to the other in or to the terms of said Agreement; in or to the schedules or specifications; in or to the method or manner of performance of the Services; equipment, material, service, or sites; or in or to the mode or manner of ipayment therefor, shall in any way release Company and Surety or either or any of them, or any of their heirs, executors, administrators, successors or assigns or affect the obligations of Surety on this Page 7-47 SeCtion 7 bond, all notice of any and all of the foregoing changes, modifications, alterations, omissions, deletions, additions, extensions of time or forbearances, and notice of any and all defaults by Company or of Owner's termination of Company being hereby waived by Surety. Notwithstanding anything to the contrary in the foregoing paragraph, in no event shall the obligations of Surety under this bond in the event of Company's default be greater than the obligations of Company under the Agreement in the absence of such Company default. In the event of a default or defaults by Company, Owner shall have the right to take over and complete the Agreement pursuant to the provisions of Article 10 of the Agreement and upon 30 calendar days' written notice to Surety, in which event Surety shall pay Owner all costs incurred by Owner in taking over and completing the Agreement. At its option, Owner may instead request that Surety take over and complete the Agreement, in which event Surety shall take reasonable steps to proceed promptly with performance no later than 30 calendar days from the date on which Owner notifies Surety that Owner wants Surety to take over and complete the Agreement. Owner shall have no obligation to actually incur any expense or correct any deficient performance of Company in order to be entitled to receive the proceeds of this bond. No right of action shall accrue on this bond to or for the use of any person or corporation other than Owner or the heirs, executors, administrators or successors of Owner. Signed and sealed this __ day of ,200__. Attest/VVitness: PRI NCI PAL By: By: Title: Title: Attest/Witness: SURETY By: By: Title: Title: NOTE: If Company is Partnership, all parties must execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in California. NOTARY: The signature of the Surety on this bond must be acknowledged before a notary public. MANDATORY: The Surety shall be authorized and licensed by the California Insurance Commissioner as an "admitted surety insurer." APPROVAL: Bonds must be approved by Owner. In order to assess the sufficiency of the Surety, the Surety shall provide the Owner with the documentation set forth in Section 995.660 of the California Code of Civil Procedure. Page 7-48 City of Dublin POWER OF ATTORNEY REQUIRED. The Attorney-in-Fact (resident agent) who executes this bond on behalf of the Surety must attach a copy of his or her Power of Attorney as evidence of his or her authority. A notary shall acknowledge the power as of the date of the execution of the surety bond that it covers. Page 7-49 Section 7 THIS PAGE INTENTIONALLY LEFT BLANK Page 7-50 City of Dublin FORMS FORM O. : SECRETARY'S CERTIFICATION SECRETARY'S CERTIFICATION The undersigned, being the Secretary of , a Company Name California corporation ("the Company"), do hereby certify that the following resolution was adopted by the Board of Directors of the Company and that such resolution has not been amended, modified or rescinded and is in full force and effect as of the date hereof: RESOLVED, that be, and hereby is, authorized to Name of Designated Representative execute by and on behalf of the Company the Agreement between the CITY of Dublin and the Company for [Collection Services or Disposal Services] and any and all agreements, instruments, documents or papers, as he/she may deem appropriate or necessary, pertaining to or relating to such Agreement, and that any such action taken to date is hereby ratified and approved. Dated: Signature Title Section 7 THIS PAGE INTENTIONALLY LEFT BLANK Page 7-52 City of Dublin Section 8 Definition Flow Charts Page $ - 1 Section 8 This Page Intentionally Left Blank Page 8 - 2 City Of Dublin Definition FloW Charts Page 8-3 Section 8 This Page Intentionally Left Blank Page 8 - 4 City Of Dublin Definition Flow~ Charts =~ Page 8 - 5 Section 8 This Page Intentionally Left Blank Page 8 - 6 City Of Dublin Definition Fiow Charts t Page 8-7 Section 8 This Page Intentionally Left Blank Page 8 - 8 City Of Dublin Forms FORM A PROCESS INTEGRITY RULES The City of Dublin's pledge is for the procurement process for Collection Services and Disposal Services to be open, objective, carefully monitored, and understandable to all. The following rules will be adhered to and enforced. UNTIL THE CITY COUNCIL EXECUTES THE COLLECTION SERVICE AND.,. DISPOSAL SERVICE CONTRACTS, ALL CONTACT BETWEEN PROPOSERS AND THE CITY RELATED TO THE RFP SHALL BE THROUGH JASON BEHRMANN. AL~ INTERACTION SHALL BE IN WRITING, EITHER BY MAIL OR BY E-MAIL. THE ADDRESS AND FAX NUMBER ARE: Jason Behrmann, Senior Administrative Analyst City of Dublin 100 Civic Plaza Dublin CA 94568 Phone (925) 833-6650 Fax (925) 833-6651 Jason.behrmann@ci.dublin.ca.us Any attempt to contact or interact with any elected or appointed official of the City for the purpose of nf uencin,q the selection process will be grounds for disqualification from the selection process. All communications between the City and a participant, along with the related responses, will be transmitted simultaneously to all participants. Any participant who fails to recognize or utilize this process of communication will be notified of its violation and may be subject to disqualification from the selection process at the sole discretion of the City. All participants must acknowledge and sign this statement as part of the RFP process. All participants must provide a signed ORIGINAL of this statement by the close of the MANDATORY pre-proposal meeting. Participants that do not provide this signed statement will be disqualified from this procurement process. On behalf of my company/agency, I understand and accept the rules establishe~ in this statement. Com pany/Agency Name: Company/Agency: Representative Signature Title: Date: ATTAC[HMENT 2 Residential Programs and Services Summary of Unchanged, Proposed and Optional Programs Unchanged Residential Collection and Recycling Programs: The following current programs will continue to be provided to Dublin residents: Variable Can Rate Structure: residents will continue to be offered garbage collection service in approximately 35, 64 and 96-gallon carts (similar to the current program). Residential rates will also continue to be based upon the size of the garbage cart, and will include the package of residential programs. o Source-Separated Collection: residents will continue to use three (3) separate carts, including one each for garbage, commingled recyclables and green waste. o Weekly Collection: the garbage, recycling and green waste carts will continue to be collected weekly. o Used Oil Collection: used oil will continue to be collected weekly at the curb in containers provided by the Contractor. o Household Hazardous Waste Drop-off Event: the Contractor will continue to provide an annual HHW drop-off event. o Christmas Tree Collection: Christmas trees will continue to be collected at the curb during the period from December 26 through the end of January. Billing and Customer Service: the City will continue to bill residential accounts for a default level of service on the annual property tax bill. The default level of service will include a 35 gallon garbage container, and the package of other residential programs. The Contractor will be responsible for billing and collection of the customers who subscribe to the 64 and 96 gallon garbage carts. Proposed New Residential Collection and Recycling Programs: On-Call Bulky Waste Collection; residents may request up to three (3) bulky item collection events per year, with a maximum of five (5) or seven (7) cubic yards of material per collection event. The Contractor will be required to provide service within three (3) business days of the customer request. o Appliances and Tires in the Bulky Waste Collection Program: the Bulky Waste Program .will be expanded to include the collection of appliances and tires. o Used Oil Filters: residents may place used oil filters on the curb for collection in conjunction with the used oil collection program. o Additional Green Waste and Recycling Carts: residents may request one additional or larger size green waste and/or recycling cart at no additional charge. Optional Residential Collection and Recycling Services: The Cost Proposal forms in the RFP package include the following programs and services, and proposers will be asked to provide a cost discount for the removal of the following service options. This will allow Council to make an informed decision on the programs selected for implementation beginning July 1,200~. ATTACHMENT 3 Option 1 - Food Waste Program: proposers will be asked to provide a cost d~scorrnt Ior not implementing the food scrap collection program. Option 2 - Allowable Volume for the Bulky Waste Program: proposers will be asked to provide cost proposals a seven (7) cubic yard limit per collection event of material in the Bulky Waste Program, and for a cost discount if the allowable volume is reduced to five (5) cubic yards per collection event. . Option 3 - E-waste Program: proposers will be asked to provide a cost d.iscount if E- waste collection-were removed from the On Call Bulky Waste Program and iacluded in the annual HHW drop-off event. Option 4 - Alternative Fuel Vehicles: proposers will be asked to provide a cost discount if compressed or liquefied natural' gas vehicles were not used for the collec~tion of solid waste. Multi-Family Programs and Services Summary of Unchanged, Proposed and Optional Programs Unchanged Multi-Family Collection and Recycling Services: The following current services will continue to be provided to multi-family complexes: Solid Waste Collection: multi-family complexes will continue to receivel solid waste collection service in either bins or carts, as necessary. Billing and Customer Service: the Contractor will continue to be responsible for billing and customer service for all multi-family customers. Recycling Services at No Additional Charge: multi-family complexes will continue to receive recycling bins or carts for the collection of commingled recyclables. The cost of the multi-family recycling service will be included in the garbage collection rates, and recycling services will be provided at no additional charge. Proposed New Multi-Family Collection and Recycling Services: The following are proposed new multi-family programs and services: On-Call Bulky Waste Collection: multi-family complexes will receive on-call bulky waste collection services. The Contractor will be required to provide service within three (3) working days of the service request, and will provide up to three (3) cubic yards of service per unit (apartment, condominium, etc.) per year. o Used Oil and Filters: multi-family residents may place used oil and filters .in containers provided by the Contractor for collection. Optional Multi-Family Collection and Recycling Services: The Cost Proposal forms in the RFP package include the following programs and services, and proposers will be asked to provide a cost discount for the removal of the following service options. This will allow CounciJ to make an informed decision on the programs selected for implementation beginning July 1, 2005. Option 1 - E-waste Program: proposers will be asked to provide a cost discount if E- waste collection were removed from the On Call Bulky Waste Program and included in the annual HHW drop-off event. ~ ATTACHMENT 4 Commercial Programs and Services Summary of Unchanged and Proposed Programs Unchanged Commercial Collection Services: Solid Waste Collection: commercial customers will continue to receive solid waste collection service in either bins or carts, as necessary. Billing and Customer Service: the Contractor will continue to be responsible for billing and customer service for all commercial customers. Food Waste Collection: the Contractor will continue to provide food waste collection service for commercial customers at a reduced rate. Proposed New Commercial Collection and Recycling Services: o Recycling Services at No Additional Charge: commercial customers will rece. ive recycling bins or carts for the collection of commingled recyclables. The cost of the. commercial recycling service will be included in the garbage collection rates, and recycling services will be provided at no additional charge. ATTACHMENT 5