Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
7.1(Attch #3 WasteMgmt)
· II> W'A8T& MANAG.UI!.... WASTE MANAGEMENT OF ALAMEDA COUNTY 172 98TH Avenue Oakland, CA 94603 (510) 613-2815 (phone) (510) 613-2839 (fax) September 15,2004 Jason Behrmann, Senior Administrative Analyst City of Dublin 100 Civic Plaza Dublin, CA 94568 Dear Mr. Behrmann: i. On behalf of Waste Management of Alameda County (WMAC), dba Livennore Dublin Disposal, (LDD), I am pleased to present this proposal to the City of Dublin for Collection and Disposal Services. Livennore Dublin Disposal appreciates this opportunity to provide infonnation about the many services that we provide in the City of Dublin, as well as the numerous ways in which we participàte as active community supporters. The City of Dublin has a unique personality ~ one that happens to fit well with our local organization and employees. A significant number of our Bay Area employees live in Dublin and are active in local community events and organizations. In addition to the visible ways in which Livennore Dublin Disposal services the City, there are numerous "behind-the-scenes" programs developed by Waste Management that result in direct benefits to the City and its customers. For example, as a result of Waste Management's regional and corporate environmental and safety programs, the City of Dublin is served by a company with safety and a commitment to the environment as a primary objective. This translates into safer streets, cleaner air, and an attitude of professional excellence that pervades our operations. Waste Management's LDD operations have long been a leader on the West Coast, having been among the first to implement Single Stream Recycling, E- Waste collection events and a Commerciàl Foodwaste Collection pilot. These efforts helped to push the City's diversion percentage over 50% early, and will set the stage for increasing diversion beyond the County's 201075% diversion goal. And at its Altamont Landfill, Waste Management's commitment to research and development regarding energy have led to several innovative programs. Waste Management currently generates 6.5 megawatts of power and has the capacity to generate 8.5 megawatts of power at the Altamont Landfill, which is enough power to service over 8,000 homes. '. · · · City of Dublin September 15, 2004 Page 2 Waste Management is also an industry leader in research technologies for the management of landfill gas, to capture emissions and to power our trucking fleet with alternative fuels. Current research efforts include technology to convert methane gas from our landfills into energy to power our collection vehicles. Our research and development team is actively working towards this ultimate recovery goàl. In responding the City of Dublin's RFP, LDD has developed a proposal that capitalizes on our current efforts while looking ahead to full development of future programs. For exanlple, with a State-of-the-Art Materials Recovery Facility being developed at our Davis Street MRF in the next six months, LDD will be able to significantly increase its commercial single stream recycling efforts. A planned compost facility at the Altamont Landfill will also provide increased diversion opportunities for the City of Dublin. We look forward to working as a partner with the City of Dublin to maximize the benefits of these facilities and our ongoing development of environmental, safety, and education programs in the City. We have prepared the following response regarding the specific information requested in this document. Key Contact Person: J ames Devlin Waste Management of Alameda County 172 98th Avenue Oàkland, CA 94603 (510) 613-2815 (phone) (510) 613-2839 (fax) . Types of Organization: California Corporation incorporated in 1920. Entity that will sign the Collection Service Agreement and lor Disposal Service Agreement: Waste Management of Alameda County, Inc. (both collection and disposal) Warranty of Due Diligence: Waste Management of Alameda County, Inc. warrants that the requirements of the Collection Service Agreement and Disposal Service Agreement as described in this RFP document, its enclosures, and all addenda, have been thoroughly reviewed and the proposer has conducted all due diligence necessary to confirm material facts upon which the proposal is based. · · · City of Dublin September 15, 2004 Page 3 Addenda included in this warranty include: . Addendum #1: Received August 25, 2004 · Addendum #2: Received August 30, 2004 . Addendum #3: Received September 1, 2004 Pricing VaUdity: Waste Management of Alameda County, Inc. acknowledges the vàlidity of the proposal contents including proposed rates, compensation, and pricing for a period of one hundred eighty (180) days. Agreement to pay proposal development fee: Waste Management of Alameda County, Inc. acknowledges that full payment will be made to the City of Dublin within thirty (30) days of Agreement award ofthe remaining balance amount of the proposal development fee incurred by the City. Such amount shall be approximately seventy thousand dollars ($70,000) for the Collection Service Agreement and approximately seventy thousand dollars ($70,000) for the Disposal Service Agreement and shà11 be noticed by the City to the selected proposer(s) prior to Agreement execution. Should you have any questions about our proposal, please do not hesitate to call me at (510) 613-2815. Sincerely, ~t:.~ ~evlin, Vice President Bay Area Region · · · Primed on Recycled PlIpt!r I 1.0 EXECUTIVE SUMMARY Partnering for Success For more than almost 40 years, the City of Dublin and Waste Management of Alameda County, dba Livermore Dublin Disposal (LDD), have been working and growing together. As the City has grown in size and its service expectations have matured, we are proud to say that LDD has responded with innovative programs and services that have set local and regional service standards. Livermore Dublin Disposal and the City if Dublin share common goals of increased diversion, a commitment to customer service and ongoing cost efficiencies. These common goals provide a foundation for a successful partnership in Dublin. As one of the first communities on the West Coast to implement a fully commingled residential curbside recycling program, the City of Dublin has been a trend setter for other communities in Northern California to watch and learn from. As a result of its approach to recycling, the City's residential diversion jumped by almost 20%. Since the implementation of this program in 2000, the City of Dublin jumped past its 50% diversion goal, and has never looked back. In 2002, LDD approached the City of Dublin about adding Commercial Foodwaste, Used Motor Oil and Electronic Waste collection programs. These programs are still considered innovative in m.ost communities; yet the City of Dublin implemented them two years ago. Our sales team continues to approach new and established businesses in an effort to begin or enhance foodwaste programs within the City. Our recycling coordinator routinely performs site surveys to provide educational and outreach materials for businesses. At the same time, LDD added 4 new CNG trucks to its residential collection fleet working in Dublin. Customer Satisfaction Survey Earlier this year, LDD completed a survey of our customers to obtain feedback in order to màke improvements to our service. An impressive 15% of the City's households responded to this survey. Better yet, over 97% of the respondents rated LDD's service as good or excellent in this survey. Some of the comments that we received from this survey are included on the pages of this proposal. We believe that our long-standing local history of service excellence and innovation in Dublin, delivered by our team of dedicated professionals, offers the City unparalleled resources for its next Collection Services. , Great Joh! .lust another reason why \H' choose to live ill Dublin. Chri.\topher Pall/'\Oll Proposal to the City of Dublin for CollectIon and DIsposal Services Livermore Dublin DIsposal September 15, 2004 VUM@ Pr;nt~d on Rl!cycled Pnper 2 w...... MANAIiI......, · Dedicated Employees Our employees are passionate about their jobs and work hard to "go the extra mile" in Dublin. Many of our employees live in Dublin and are involved in local community programs. Dublin driver Doug Bacigalupi has worked for Livermore Dublin Disposal for 28 years. In addition to Doug, Steve Pioletti has worked for Waste Management for 24 years, and Jeff Bowman for 22 years. These professional employees are the norm, not the exception, in Dublin. Our crew of seasoned professionals is proud of the service that they provide in Dublin. These professionàls bring safe driving practices to the streets of Dublin each day, which means that our Dublin customers are safer on their city streets. Community Involvement One of our goals is to do our job so well on the streets that we become "invisible" to the community. However, while we may strive to be invisible on the streets, there is nothing invisible about the Company when it comes to community involvement. In Dublin in particular ~ more than in many other communities - our list of donations is long and our employee involvement in local community events is impressive. From the City's Shamrock run and St. Patrick's Day parade, to the Dublin Chamber staff appreciation event, to high school events, LDD plays an integral role in numerous community events. Our extensive involvement is the result of our large number of employee-residents, combined with the City's impressive and pro-active approach to community events. Dublin is simply a fun community to live in, to work in, and to play in! · How does this affect the City of Dublin's Solid Waste Contract? Waste Management is proud of its history and community involvement in Dublin. At the same time, we recognize that our primary job is to provide the City with the highest level of solid waste services possible at the most competitive rates. A review of local programs and rates confirms our success in achieving these goals. To ensure that Dublin continues to lead the way in recycling diversion and exceptional service, we have prepared a competitively priced proposal to the City, increased services, and can insure no transition risk or hassle associated with changing service providers. Don't l11"kt a thangt. Tht scn ict is l'xtl'iltll t! Claire U(IIlllÙ1I1O · Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 · · · WA8T1i MANAGE"~NT Printed on Recycled Pllper 3 Outstanding Customer Service - Taken to New Heights! The company has tàken the definition of "Customer Service" to a new level with its own set of customer service requirements. Our customer service programs and systems are unparalled in the industry. Some of the basic elements ofthis provide include: () New residential and commercial customers are sent a customized welcome packet that includes infonnation on Dublin's services and schedules; () All incoming customer calls are answered within 20 seconds; () We require less than 1 missed pickup per 1000 customers; and if a miss is reported to us, we return to pick it up on the same day in most cases; () Our customer service staff follow up with telephone calls to our customers to ensure that service was indeed provided on time, and as requested; () We provide same day commercial and will-call service; Waste Management Gold Standards require 100% customer satisfaction and zero customer-reported issues ~ which isconfinned through proactive phone calls to our customers. Increased Recycling Services () Residential Organics Collection. Waste Management has more experience than any other company operating through out the West Coast in collecting residential foodwaste commingled with green. () Commercial Recycling Services. Waste Management will implement an aggressive public education program to inform customers that commercial recycling is included in the cost of their solid waste rates. Our professional public education staff will meet with each and every business in the City to explain the program and to look forward to increase recycling while reducing their overall solid waste program costs. () C&D Recycling. Waste Management's innovative Davis Street C&D Recovery Facility provides an excellent alternative to disposal for City of Dublin contractors. This successful facility has helped in the diversion of thousands of tons of C&D in the City of Dublin since it opened in 2002. A Proven Commitment to Environmental Excellence Waste Management has pioneered a variety of environmental programs to fit the specific needs of our customers, From early implementation of innovation new recycling programs such as single stream recycling, E-Waste, C&D and Foodwaste to Industrial Leadership in implementing alternative fuel vehicles, Waste Management is leading the way in all area of our business. At the Altamont Landfill, Waste Management has the capacity to generate 8.5 megawatts of power, which is enough power to service over 8,000 homes. Waste Management currently uses 6 alternative fuel vehicles in Dublin. Throughout the County, many of our Proposal to the City of Dublin for Collection and Disposal Services Excellent Service and programs. ./o.\C Lot\ lJeI;.:m/o Livermore Dublin Disposal September 15, 2004 Printed (In Recycled Paper 4 @ ......... ~.M...... trucks are being converted to compressed natural gas (CNG) in areas where air quality is threatened, By reducing pollutants, these vehicles are helping communities meet and exceed clean air standards in Air Quality Attainment Areas. Superior Customer Education to capture more of the existing waste stream () A Proven Track Record. Waste Management has a proven track record of producing and distributing effective public· education. () An Experienced Public Education Professional. Our professional Public Education Director, Aimee Burastero, works with local communities to increase diversion and implement new programs. () A dedicated Recycling Coordinator. Sheila Fagliano is an enthusiastic advocate for reyclcing who works with commercial businesses to increase their diversion activities. · () School and Community Education. LDD will provide school and community education programs that are second to none in the industry. Upon request, Waste Management will provide educational videos and classroom materials on environmental awareness and stewardship to elementary schools in the City of Dublin. The Unique "Waste Management Advantage" in the City of Dublin Waste Management's team of dediç;ated professionals offers the City unparalleled resources. Waste Management is the only company that can provide the following extensive list of guarantees to the City of Dublin: () Seasoned professional Drivers. Only Waste Management can provide new programs utilizing the same seasoned professional drivers that the City's customers have grown to trust. o Seamless Transition. Only Waste Management can offer the City a seamless transition into the new contract without any disruption of service or confusion for City of Dublin customers. o Proven Track Record Implementing New Services. Only Waste Management has implemented new recycling programs in almost all of its Cities areas during the past 15+ years. No company has implemented more new programs in the Bay Area than Waste Management. o Service level. Only Waste Management can provide the quality of services that comes with years of experience servicing the Dublin community. Only Waste Management's drivers and supervisors know every street and alley and the particular needs of each of our Dublin customers. () Capital Investments in Recycling. Only Waste Management continues to màke capital investments in major, innovative recycling projects. For example, our Davis Street Recycling Facility will be upgraded during the next year, and a state-of-the art Organics Processing Facility is scheduled to open at the Altamont Landfill in the next year. o New technologies. Only Waste Management continues to implement new programs based on new technologies to complement the City's contract requirements. · Thanl, you for the gn'at sc,"vicc! .John Sf .J011 · Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 · · · Printed on Recyc:led P¡lper 5 Examples of these kinds of technologies would include GPS systems for our trucks and GIS mapping systems for our Customer Service Center. All of this translates into a solid waste and recycling service provider that strives to provide the City of Dublin with the best possible service available in the industry. Timeline As the current service provider, LDD will require minimal transition activities in the City. We will begin working with the City immediately to develop public education materials regarding new programs, and our recycling coordinator will immediately begin meeting with commercial businesses regarding the inclusion of recycling cost in garbage rates. Educational brochures will be mailed before the new contract begins to allow for implementation of all new services on July 1,2005. Waste Management Programs Waste Management has developed severà1 exciting programs that we are provide for the City of Dublin. · Mission to Zero (M2Z) With the safety of our customers and drivers as our first concern, Waste Management implemented a comprehensive new safety model last year, Mission To Zero (M2Z). Just like the title, M2Z reflects the company's goal of zero tolerance for any accidents or mJunes. Even more unique than having a safety program designed for our specific industry is the all-encompassing safety culture woven into the fabric ofM2Z. Ultimately, M2Z means that our customers and our employees are safer on the streets of Dublin. · Sharps by Mail One out of eleven Americans requires the use of needles or "Sharps" each day to administer medication. Many of these needles end up in the trash - often due to a lack of information regarding proper dispos& of Sharps. As a result, 600,000 to 800,000 needle stick injuries occur annually. Healthcare workers, patients, our employees and their families are put at risk when needles are improperly disposed. Waste Management is pleased to offer a convenient, safe, smart and worry-rree service for Sharps to be sent in U.S. Postal service-approved, pre-paid packages directly to the disposal facility. · Eyes on Crime LDD is proud to be a partner with the City of Dublin with its Eyes on Crime program. Using the eyes and ears of our drivers, LDD employees look out for any unusual activities in City streets and alleys. Who knows Dublin's neighborhoods better than our collectors who are actively driving the streets ofthe City every day, week after week? Our drivers will work with the Dublin Police and Fire Departments and are trained to call the appropriate agencies when they recognize any suspicious activities. Good servicc. Rcasonablc p.-icc. Áatltcl'Îl1c ./eltrllO/'Il Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 Primed (I" ReCYCll!d Paper 6 <l\> W"'.TII MANAßIiMIliNT Summary The sign of success in our business is to perform our service so flawlessly that our customers barely know that we are there. In the case of solid waste and recycling services, "Out of sight, out of mind" means that we have been successful in achieving our goal. Ifwe do our job right, our municipal customers do not receive phone calls from residents or businesses about their garbage and recycling customers. Instead, elected officials and city staff are free to spend their time on more pressing issues within their communities. We look forward to continuing to bring this commitment to service and community partnership to the City of Dublin. I am siltisfied with the service provided by the collection company and the City's recycling programs. Seflll Brel/IIIIII Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 · · · · · · 2.0 Proposal Forms WASTE MANAGEMENT PROPOSAL SECTION 2.0 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 0 and P "Performance Bonds" 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. Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 2.0 Proposal Forms THIS PAGE INTENTIONALLY LEFT BLANK Presented by Waste Management of Alameda County,lnc. Proposal Fonns Page 2 · · · · · · 2.0 Proposal 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 AGREEMENTS, ALL CONTACT BETWEEN PROPOSERS AND THE CITY RELATED TO THE RFP SHALL BE THROUGH JASON BEHRMANN. ALL 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 1 00 Civic Plaza Dublin CA 94568 Phone (925) 833-6650 Fax (925) 833-6651 Jason. behrmann@ci.dublin.ca.us Anv attempt to contact or interact with any elected or appointed official of the Citv for the purpose of influencina the selection process will be qrounds 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/City, I understand and accept the rules established in this statement. CompanylCity Name: Waste Management of Alameda County, Inc. Company/City: Representative Title: Government Affairs Manqer Kathleen Minser K()J;h~ ~~ Signature Date: õ ~ / (¡ ~ ocf Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 3 2.0 Proposal 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 AGREEMENTS, ALL CONTACT BETWEEN PROPOSERS AND THE CITY RELATED TO THE RFP SHALL BE THROUGH JASON BEHRMANN. ALL 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 Anvattempt to contact or interact with any elected or appointed official of the City for the purpose of influencinQ the selection process will be qrounds 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 companylCity, I understand and accept the rules established in this statement. . Company/City Name: Waste Management of Alameda County, Inc. Company/City: Representative James Devlin Title: Vice President Date:~ ~ f.TWL C SIGNATURE . Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 4 · · · 2.0 Proposal Forms FORM B PROPOSER'S STATEMENT OF ORGANIZATION 1. Full Name of Proposer: Waste Manaqement of Alameda County, Inc. Principal Business Address: 172 98th Avenue Oakland, CA 94603 2. Principal Contact Person(s): James Devlin Patrick Gavin Kathleen Minser 3. Legal Form of Proposer (Corporation, Partnership, Joint Venture, Other): Corporation 4. 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 James Devlin Address 72 98th Avenue. Oakland. CA 94603 Title Vice President If incorporated, in what state incorporated: California Date Incorporated: May Month 1920 Year 27 Day If a Joint Venture or Partnership, date of Agreement: 5. List all firms participating in this project (including designers, prime contractors, subcontractors, operators, major equipment suppliers, etc.): Name .i Grover Environmental Products 2. Z-Best Compost, Inc. 3. 4. Address 2825 Kiernan Ave., Modesto. CA 95356 980 SR-25. Gilroy. CA 95020 Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 5 2.0 Proposal Forms FORM B (Cont.) 6. Outline specific areas of responsibility for each firm listed in Question 5. 1.,. Processina, composina and marketina Orqanics (both Grover and Z-Best) 2. 3. 4. 7. Identify the provisions of any agreement between parties set forth in question 6 which assigns legal or financial liabilities or responsibilities: None 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. Waste Manaqement of Alameda County. Inc. is a whollv owned subsidiarv of USA Waste of California. Inc.. a Delaware Corporation, Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 6 · · · · · · 2.0 Proposal Forms FORM C STAFFING Attach an organization chart (s) for the applicable service. If the Proposer is submitting proposals on multiple services, a single organization chart can be provided which incorporates each service. The organization chart 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 professional 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. An Organizational Chart is included in Section 4.0 Qualifications. In addition to the resumes included in this section, please refere to Section 4.0 Qualifications for resumes for all involved staff. A. Name & Title B. Project Assignment C. Name of Proposer with which Associated D. Years Experience with: This Proposer: With Other Similar Proposers: E. Education: Degree(s) Year/Specialization F. Other Relevant Experience and Qualifications G. Professional References: (A minimum of 3 may be requested by City during proposal evaluation. ) Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 7 2.0 Proposal Forms Presented by Waste Management of Alemeda County, Inc. . Proposal Forms Page 8 · · · · · · 2.0 Proposal Forms Patrick Gavin District Manager - Waste Management of Alameda County, Inc. Patrick Gavin is responsible for all aspects of the operations in Waste Management's Livermore Dublin Disposal District, as well as all Contra Costa County operations. Mr. Gavin is a nineteen-year veteran of the Solid Waste industry. He has worked for Waste Management since 2000. Previously he worked for Browning Ferris Industries for 15 years in numerous capacities, beginning as a route manager in San Jose, CA. In 1986 he was promoted to Operations Manager and relocated to Pasadena. He served as Operations Manager for two years before being promoted to Assistant District Manager over the Medical Waste Division in Los Angeles, CA. He then was promoted to District Manager and remained in the Medical Waste industry until 1996, when he was named to be the District Manager in Sun Valley, Ca. In 1998, Mr. Gavin assumed the District Manager position in Boise, Idaho were he was responsible for BFl's activity within the State. Mr. Gavin joined Waste Management in 2000 as the District Manager for the Solid Waste and Recycling Services of Waste Management in Hollister, CA. In 2002, he transferred to Valley Waste Management where he currently serves as District Manager. Later that same year, he was given the opportunity to also serve as the District Manager for Livermore Dublin Disposal, serving the cities of Dublin, Livermore and San Ramon as well. Mr. Gavin has an AA degree in Business from Solano College. Kathleen Minser Government Affairs Manager - Waste Management of Alameda County, Inc. She currently serves as the Government Affairs Manager for the Tri Valley and East Bay Area, serving as the company liaison for seven Bay Area Cities. Kathleen Minser has been with Waste Management since 1987. Ms. Minser has worked in a variety of positions over the years at Waste Management. She worked as the operations manager for Livermore Dublin Disposal and as the Operations and Health and Safety Supervisor at Waste Management's East Bay Disposal District, among other positions. She was responsible for the implementation of new programs in the Cities Union City and Newark. In 2002, she was an intricate part of the Livermore RFP process, and the implementation of the start up of the City's new contract. She has served as a director on the board of the Newark Chamber of Commerce, and served as Second Vice President. Kathleen is an Alameda County native who graduated from Livermore High School and is active in community events in Union City, Dublin, Livermore and Dublin. Presented by Waste Management of Alemeda County, Inc. Proposal FOlms Page 9 2.0 Proposal Forms Aimee Burastero-Stevens Public Relations Manager, Livermore Dublin Disposal. Aimee has worked at Waste Management as the Public Education Manager since January of 2002. She is actively involved in promoting community outreach efforts and activities in the Tri- Valley. She was instrumental in the implementation of the Livermore Curbside Program. She has played a pivotal role in developing outreach materials, conducting community presentations, and conducting school presentations. Aimee oversees all Public Education efforts, including but not limited to: · Developing annual outreach campaigns to increase diversion. · Work with the City in partnership to develop and incorporate municipal activities into Contractor activities, vice versa. · Develop and implement outreach programs for individual sectors: businesses, schools, apartments, and single- family residences. · Oversee and conduct school presentations at the Dublin schools Aimee Stevens has a Bachelor of Arts Degree from S1. Mary's College of California. Sheila Fagliano Recycling Coordinator, Livermore Dublin Disposal. Sheila has worked for Livermore Dublin for 19 years. Her primary responsibilities as Recycling Coordinator include managing the commercial programs for over 600 businesses and 11 public and private school facilities in Dublin. This includes making presentations to evaluate recycling potential; setting up customized recycling programs, and continuing the training of custodial vendors and employees. She also develops and implements a public school education curriculum educating children through classroom presentations about recycling at school and at home. She assists in the development of educational publications for residential and commercial/multi-family recycling programs. She also seNes as a liaison between the City and LDD for programs and activities that educate the public and promote recycling. She coordinates the Christmas tree recycling program and scout troops for over 8,000 residential households. Sheila is an enthusiastic advocate of recycling. She excels as a recycling educator, customer seNice liaison and community spokesperson for recycling. Sheila is well organized and efficient at planning and implementing special projects in a quality and timely manner. She is diplomatic and resourceful in collaborative projects involving City staff, elected officials and the public she seNes. She can be depended upon to quickly resolve seNice problems and to retain customer good will. Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 10 · · · · · · 2.0 Proposal Forms Form D Collection Service Compensation Proposal Forms Prior to preparing the Collection Service Compensation Proposal Forms, Proposers should review Article 5 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 (1st) 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 by the tipping fee of the selected Disposal Contractor to determine the proposed Disposal Compensation Element for the first (1st) Agreement Year. Container Compensation Element. Proposers should provide a proposed Container Compensation Element for the first (1st) Agreement Year on line 5 of Forms 0-1 through 0-5. Fee Compensation Element. Proposers should not provide a Fee Compensation Element amount on line 6 of Forms 0-1 through 0-5. 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. Aqreement 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. Aareement Service Level- Form 0-1 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 SFO Service Units three (3) times per Agreement Year at up to seven (7) cubic yards per collection event; · the provision of SFO 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 Orqanic Waste Collection Service - Form D-2. Option 1 is the removal of the SFO Organic Waste Collection Service program and the implementation of an SFD Green Waste Collection Service program. Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 11 2.0 Proposal Forms Option 2 - Laroe 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 0-4. 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 0-5. 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 0-5 in the event both Services are awarded to the proposer. The Undersigned hereby certifies as follows: That James Devlin have personally and carefully examined the specifications and instructions for the work to be done as set forth in this RFP. That James Devlin have made examination of the services as applicable to the Proposal, and fully understand the character of the work to be done. That, having made 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 James Devlin Vice President , President/Partner/Owner/Othe ?\ec¡';.¢ :)e~ SeC"E!.-k"l Ce.li'ti Secretary Waste ManaQement of Alameda County. Inc. Proposer Name Individual: Partnership: Joint Venture A California Corporation (State of Incorporation) California Date September 15. 2004 . Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 12 · · · 2.0 Proposal Forms CITY of Dublin Collection Service Compensation Proposal Form D-1 Agreement Service Level Agreement Year 1 $ 7,120,456 32,637 1. Collection Co pensation Element 2. Tonnage for Cal lating Disposal Compensation Element 3. Disposal Tipping Fe (To be completed by CITY) 4. Disposal Compensation lement (To be completed by CITY) Tons 6. Fee Compensation Element (To 7. Total (To be completed by City) Proposers should provide the required inf mation on lines 1, 2 and 5 of Form 0-1. Aqreement Service Level. The Agreement se 'ce level includes Collection Services as set forth in the Collection Services Agreement in Se 'on five (5) of this RFP. Specifically this service level includes: · the provision of Large Item Collection rvices to SFD Service Units up to three (3) times per Agreement Year, at u to seven (7) cubic yards per collection event; · the provision of SFD Organic Waste Collectio Service; · the inclusion of E-Waste in Large Item Collectio Service; and · the use of alternative fuel or "clean air vehicles". Notes: 1. Does not include cost of FW pails as this amount to be reimbursed to t ACWMA. 2. Tonnage includes MSW tons only. Collection compensation includes disp al for non- MSW tons. ~It~ Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 13 2.0 Proposal Forms CITY of Dublin Collection Service Compensation Proposal Form D..2 Option 1 Service Level 1. Collection ompensation Element 2. Tonnage for alculating Disposal Compensation Element 3. Disposal Tippin Fee (To be completed by CITY) 4. Disposal Compen tion Element (To be completed by CITY) 5. Container Compensa 'on Element nt (To be completed by CITY) 7. Total (To be completed by . ) . Agreement Year 1 $ 7,120,456 32,637 Tons o tion 1 - SFD Or anic Waste election Service - Form D-2. Option 1 is the removal of the SFD Organic Waste Collection rvice program and the implementation of a SFD Green Waste Collection Service program. Proposers should provide the required info ation on lines 1, 2 and 5 of Form D-2 under the . Option 1 service level. Notes: 1. Does not include cost of FW pails as this amount to e reimbursed to the City by the ACWMA. 2. No change as greenwaste and/or foodwaste would be posed of similarly. 3. Tonnage includes MSW tons only. Collection compensatJ n includes disposal for non- MSW tons. Presented by Waste Management of Alemeda County, Inc. . Proposal Forms Page 14 · · · 2.0 Proposal Forms CITY of Dublin Collection Service Compensation Proposal Form D-3 Option 2 Service Level 2. Tonnage for Cal lating Disposal Compensation Element 3. Disposal Tipping F (To be completed by CITY) 4. Disposal Compensatio Element (To be completed by CITY) 6. Fee Compensation Element ( be completed by CITY) 7. Total (To be completed by City) Agreement Year 1 $ 7,110,000 31,708 Tons o tion 2 - Lar e Item Collection Servic - Form D-3. Option 2 is the reduction of the Large Item Collection Service level to SFD Serv e Units from seven (7) cubic yards per collection event to five (5) cubic yards per collection e nt. Proposers should provide the required informati on lines 1, 2 and 5 of Form D-3 based on the Option 2 service level. Notes: 1. Tonnage includes MSW tons only. Collection compensa 'on includes disposal for non- MSW tons. ~l.uJ Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 15 2.0 Proposal Forms CITY of Dublin Collection Service Compensation Proposal Form D4 Option 3 Service Level . 1. Collection ompensation Element Iculating Disposal Compensation Element 3. Disposal Tipping ee (To be completed by CITY) 4. Disposal Compensa 'on Element (To be completed by CITY) 5. Container Compensatio Element 6. Fee Compensation Eleme (To be completed by CITY) 7. Total (To be completed by Ci Agreement Year 1 $ 7,108,456 32,637 Tons Option 3 - E-Waste - From D-4. Collection Service programs. Und waste and HHW Drop-off Event. ption 3 is the elimination of E-waste from the Large Item this option, the HHW Drop-off event will become an E- Proposers should provide the required i ormation on lines 1, 2 and 5 of Form D-4 based on . the Option 3 service level. Notes: 1. Tonnage includes MSW tons only. Collection mpensation includes disposal for non- MSW tons. . Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 16 · · · 2.0 Proposal Forms CITY of Dublin Collection Service Compensation Proposal Form D..S Option 4 Service Level Agreement Year 1 $ 6,775,167 32,637 Tons 2. Tonnage for Ca ulating Disposal Compensation Element 3. Disposal Tipping Fe To be completed by CITY) 4. Disposal Compensation lement (To be completed by CITY) 6. Fee Compensation Element 0 be completed by CITY) o tion 4 - Alternative Fuel Vehicles From 0-5. Option 3 is the removal of the requirement for the use of alternative fuel vehicles om the Agreement. Instead, the CONTRACTOR would be allowed to use vehicles meeti all current and future state and federal air quality regulations. Proposers should provide the required inform 'on on lines 1, 2 and 5 of Form 0-5 based on the Option 4 service level. ~ Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 17 2.0 Proposal Forms CITY of Dublin Collection Service Compensation Proposal Form D..6 Multi..Service Discount · Agreement Year 1 1. Collection ompensation Element 0% Multi-Service . count - Form D~6. Proposers proposing to offer both Collection Services and Disposal Se ices shall complete line 1 of Form D-6 to indicate the discount, if any, that will be applied to t Collection Compensation Elements proposed on Forms D-1 through D~ 5 in the event both rvices are awarded to the proposer, · · Presented by Waste Management of Alemeda County, Inc. 18 · · · 2.0 Proposal Forms CITY of Dublin Collection Service Compensation Proposal Form D..1 Agreement Service Level 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) Agreement Year 1 $ 5,611,641 32,637 Tons 5. Container Compensation Element 6. Fee Compensation Element (To be completed by CITY) 7. Total (To be completed by City) Proposers should provide the required information on lines 1, 2 and 5 of Form 0-1. Aqreement Service Level. The Agreement service level includes Collection Services 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 up to 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". Notes: 1. Does not include cost of FW pails as this amount to be reimbursed to the City by the ACWMA. 2. Tonnage includes MSW tons only. Collection compensation includes disposal for non- MSW tons. Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 13 2.0 Proposal Forms CITY of Dublin Collection Service Compensation Proposal Form D-2 Option 1 Service Level 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) Agreement Year 1 $5,611,641 32,637 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 0-2 under the Option 1 service level. . Notes: 1. Does not include cost of FW pails as this amount to be reimbursed to the City by the ACWMA. 2. No change as greenwaste and/or foodwaste would be disposed of similarly. 3. Tonnage includes MSW tons only. Collection compensation includes disposal for non- MSW tons. Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 14 . · · · L.U !-'roposal rorms CITY of Dublin Collection Service Compensation Proposal Form D..3 Option 2 Service Level 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) 6. Container Compensation Element 6. Fee Compensation Element (To be completed by CITY) 7. Total (To be completed by City) Agreement Year 1 $ 6,601,185 31,708 Tons Option 2 - Larqe Item Collection Service - FormD-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. Proposers should provide the required information on lines 1, 2 and 5 of Form 0-3 based on the Option 2 service level. Notes: 1. Tonnage includes MSW tons only. Collection compensation includes disposal for non- MSW tons. Presented by Waste Management of Alameda County. Inc. Proposal Forms Page 15 2.0 Proposal Forms CITY of Dublin Collection Service Compensation Proposal Form D-4 Option 3 Service Level 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) Agreement Year 1 $ 5,599,641 32,637 Tons Option 3 - E-Waste - From 0-4. Option 3 is the elimination atE-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 0-4 based on the Option 3 service level. Notes: 1. Tonnage includes MSW tons only. Collection compensation includes disposal for non- MSW tons. Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 16 · · · · · · 2.0 Proposal Forms CITY of Dublin Collection Service Compensation Proposal Form D-5 Option 4 Service Level 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) Agreement Year 1 $ 5,316,556 32,637 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 air quality regulations. Proposers should provide the required information on lines 1, 2 and 5 of Form D~5 based on the Option 4 service level. Presented by Waste Manag.ement of Alemeda County, Inc. Proposal Forms Page 17 2.0 Proposal Forms CITY of Dublin Collection Service Compensation Proposal Form D-6 Multi-Service Discount Agreement Year 1 1. Collection Compensation Element 0% 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- S in the event both Services are awarded to the proposer. Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 18 · · · 2.0 Proposal 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 Driver $73.13 Helper $67.38 Supervisor $81.88 · Rates In RY2 and beyond will need to be adjusted for wage Increases and benefits. · Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 19 2.0 Proposal Forms 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 Residential Diesel Fully automated SL $52.88 Residential CNG Fully automated SL $67.50 Commercial Diesel FEL $51.25 Commercial CNG FEL $65.75 Roll Off Roll Off $45.50 Make and model based upon Rates may need to be adjusted trucks employed at time of for fuel if significant changes emergency. occur. Currently using Wittke trucks. In the future, trucks will consist of both Wittkes and McNeilus'. · · Presented by Waste Management of Alemeda County, Inc. Proposal Fonns Page 20 . , . 2.0 Proposal 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 James Devlin have personally and carefully examined the specifications and instructions for the work to be done as set forth in this RFP. That James Devlin have made examination of the services as applicable to the Proposal, and fully understand the character of the work to be done. l That, having made 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 compensation levels 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 James Devlin Vice President President/Partner/Owner/Other r\ e,'R- 'S. ee 5ecJ~ì~'^1 (~.A:·f.c.(Je Secretary Waste Manaaement of Alameda County, Inc. Proposer Name Individual: Partnership: Joint Venture A California Corporation (State of Incorporation) California DATE SEPTEMBER 15, 2004 Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 21 2.0 Proposal Forms 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 TEN (10) YEAR TERM Transport Element ($/ton) Disposal Element ($/ton) Transfer Government Fee Element $/ton) · Transport Government Fee Element ($/ton Disposal Government Fee Element $/ton) $ 14.735 Total per Ton Disposal Rate $12.76 $27.50 · Proposers should complete the appropriate columns for eac ear based on the type of program, including Disposal, or Transfer and Disposal, that the NOTE: FEES SUBJECT TO CHANGE UPON INCEPTION OF CONTRACT D FOR FUTURE YEARS UPON NOTIFICATION FROM GOVERNING AUTHORITY NOTE: DISPOSAL ELEMENT INCREASED ANNUALLY BY 80% OF THE CPI -- ALL: ALL ITEMS - BAY AREA. ~.'JJ.L · FORM E-1 · DISPOSAL SERVICE RATES TEN (10) YEAR TERM · Agreement Transfer Transport Disposal Transfer Transport Disposal Total Year Element Element Element Government Government Government per Ton Beginning ($/ton) ($/ton) ($/ton) Fee Fee Fee Disposal Element Element Element Rate ($/ton) ($/ton) ($/ton) July 1, $12.76 $14.74 $27.50 2005 July 1, $12.76 $14.74 $27.50 2006 July 1, $13.02 $14.74 $27.76 2007 July 1, $13.28 $14.74 $28.02 2008 July 1, $13.67 $14.74 $28.41 2009 July 1, $14.08 $14.74 $28.82 2010 July 1, $14.65 $14.74 $29.39 2011 July 1, $15.23 $14.74 $29.97 2012 July 1, $15.99 $14.74 $30.73 2013 July 1, $16.79 $14.74 $31.53 2014 ALTERNATIVE PROPOSAL Proposers should complete the appropriate columns for each year based on the type of program, including Disposal, or Transfer and Disposal, that they are proposing. Note 1: Fees subject to change upon inception of contract and for future years upon notification from governing authority. Note 2: These rates assume the continuation of the $1.25 per ton regulatory fee imposed by Alameda County for open space acquisition, mitigation measures and recycling initiatives. In the event the fee is not applied this year to all county landfills as required, the company reserves the right to adjust charges consistent with any subsequent determination as to the continued applicability of the fees to the Altamont. · 2.0 Proposal Forms FORM E-2 GOVERNMENT FEE COMPONENTS OF DISPOSAL SERVICE RATES · Note: Fees subject to change upon inception of contract and for future years upon notification from governing authority, Transfer Transport Disposal Total Government Government Government Government Fee Component Fee Component Fee Component Fee $fTon $fTon $fTon Component $fTon (a) California Integrated $ $- $ 1.40 $ 1.40 Waste Management Board (AB1220) Fee (b) Alameda County Local $- $- $ .22 $ .22 Enforcement Agency Landfillffransfer Station Fee(s) (c) Alameda County Business $- $- $ .95 $ .95 License Fee (d) Alameda County "Measure $- $ $ 7.19 $ 7.19 D" Fee (e) Alameda County Waste $- $- $ 1.50 $ 1.50 · Management Authority Facilities Fee (f) Alameda County Waste $- $ $ 2.15 $ 2.15 Management Authority Household Hazardous Waste Fee (g) County Planning $- $ $ .075 $ .075 Department Fee (h) County Open Space Fee $- $- $ 1.25 $ 1.25 (i) Other Fees $ $- $ $ Total Government Fee Elements July 1. 2005 $ $- $ 14.735 $ 14.735 Proposers should provide the details of the government fee elements shown on Form E-1 for the Agreement Year beginning July 1, 2005. Completed with information known to us as of September 15. 2004. · Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 23 2,0 Proposal Forms Form E-3 Multi-Service Discount DISPOSAL SERVICE RATES TEN (10) YEAR TERM Agreement Transfer Transport Disposal Year Element Element Element Beginning ($/ton) ($/ton) ($/ton) July 1, % % 0% 2005 July 1, % % % 2006 July 1, % % % 2007 July 1, % % % 2008 July 1, % % % 2009 July 1, % % % 2010 July 1, % % % 2011 July 1, % % % 2012 July 1, % % % 2013 July 1, % % % 2014 · Total per Ton Disposal Rate · Multi-Service Discount - Form E~3. Proposers proposing to offer both Collection Services and Disposal Services shall complete the appropriåte columns of Form E-3 to indicate the discount percentage, if any, that will be applied to the Transfer, Transport and Disposal Elements, as appropriate, of the Rates proposed on Form E-1 in the event both Services are awarded to the proposer. Presented by Waste Management of Alemeda County, Inc. · Proposal Forms Page 24 2.0 Proposal Forms . FORM E-4 DISPOSAL SERVICE RATES OPTIONAL TWENTY (20) YEAR TERM Agreement Transfer Transport Disposal Transfer Transport Disposal Total Year Element Element Element Government Government Government per Ton Beginning ($Iton) ($Iton) ($Iton) Fee Fee Fee Disposal Element Element Element Rate ($Iton) ($Iton) ($Iton) July 1,2005 July 1, 2006 July 1, 2007 July 1, 2008 July 1, 2009 JUly 1,2010 July 1,2011 July 1,2012 July 1,2013 July 1,2014 July 1,2015 July 1,2016 July 1,2017 July 1,2018 July 1, 2019 July 1, 2020 July 1, 2021 July 1, 2022 July 1, 2023 July 1, 2024 Proposers electing to propose the optional straight twenty (20) year term with no extensions should complete the appropriate columns for each year based on the type of program, Disposal, or Transfer and Disposal that they are proposing. Notes: Disposal element to be negotiated upon end of initial 1 0 year term. . Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 25 2.0 Proposal Forms FORM E-5 MULTI-SERVICE DISCOUNT DISPOSAL SERVICE RATES · OPTIONAL TWENTY (20) YEAR TERM Agreement Transfer Transport Disposal Transport Total Year Element Element Element Government per Ton Beginning ($lton) ($Iton) ($Iton) Fee Disposal Element Rate $lton July 1, 2005 % % 0% 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. · Presented by Waste Management of Alameda County, Inc. Proposal Forms Page 26 2.0 Proposal Forms FORM F GARBAGE COLLECTION VEHICLES . Side Loaders (CNG) 1. Manufacturer and Model a. Cab and Chassis Volvo WX64 b. Body Labrie c. Engine Volvo VED275 d. Transmission Allison MD3560P 2. Number of Vehicles 4 3. Cab and Chassis: a. Cab Height 104 inches b. Walk-In Cab ves x no c. Number of Axles 3 d. Dual Drive yes x no e. Overall Approximate Length With Body Mounted 375 inches 4. Body: . a. Type of Body (open-top, closed body, etc.) Closed b. Rated Capacity 27 cu.yd. c. Practical or Net Capacity 27 cu.yd. d, No. of Bins or Compartments 1 cu.yd. e. Net Capacity of Each Bin or Compartment 27 cu.yd. f, Overall Body Length - Overall 276 inches g. Body Height - Overall 145 inches h. Body Width - Overall 96 inches i. Loading Height Above Ground: Minimum 145 inches Maximum 157 inches j. Materials of Construction Hiah tensile strenath steel plate k. Weight: GVW 51.500 Ibs Tare 28.128 Ibs 5. Will the vehicles be owned, leased, or other?Owned .' Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 27 2.0 Proposal Forms FORM F (Cont.) 6. Purchase cost of each vehicle $265,000 clus tax CNG 2.2 mpg 7. Fuel type 8. Fuelusage 9. Emissions rating a. CO b. HC (total hydrocarbons) c. NOx d. Particulate Matter e. Safety Features 15.5 g/bhp/hr 1.3 g/bhp/hr 4 g/bhp/hr 0.1 g/bhp/hr Safetv alarm svstems include back-uc. Ocen tail-oate. raised fork alarm. Rear view camera monitor svstems Green/white f. Color 10. Use additional pages to provide the following narratives: a. Discuss past experience with this type of vehicle. In use in many areas. Good track record- widespread use and long history. Drivers report vehicle as easy to operate. . b. Discuss the advantages of this type of vehicle as related to: Competitive equipment cost, which in turn results in lower maintenance costs. Overall excellent performance. Vehicle reliability means more work time in the filed instead of downtime in the maintenance facility. i. Efficiency. Very efficient, very well like by drivers because of how easily they are able to operate and its mechanical arm. Drivers must travel off- site to fuel. ii. Productivity. Very good because of ease of dumping carts. This vehicle has a closed chamber that minimizes littering. iii. Ease of Operation. Very driver friendly. iv. Cost of Operation. Very few moving parts in this vehicle, therefore the cost of maintenance in lower. v. Clean Air Standards. Acceptable fuel to diesel engines. Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 28 · · · 2.0 Proposal Forms · 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 FORM F GARBAGE COLLECTION VEHICLES Front end Loaders (Diesel) Volvo WX64 Wittke Starliaht Volvo M 11330 Allison HT740RS 3 104 inches ves x no 4 · yes E. Overall Approximate Length With Body Mounted: 408 4. Body: A. Type of Body (open~top, closed body, etc.) Closed B. Rated Capacity 37 C. Practical or Net Capacity 37 D. No. of Bins or Compartments 1 E. Net Capacity of Each Bin or Compartment 28 F. Overall Body Length - Overall 320 G. Body Height - Overall 167 H. Body Width - Overall 98 I. Loading Height Above Ground: Minimum 157 Maximum 215 x no inches cu.yd. cu.yd. cu.yd. cu.yd. inches inches inches inches inches J. Materials of Construction Hiah tensile strenath steel plate K. Weight: GVW 58,500 Ibs Tare 5. Will the vehicles be owned, leased, or other?Owned 36,120 Ibs · Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 29 2.0 Proposal Forms FORM F (Conl) 6. Purchase cost of each vehicle $196.000 plus tax Diesel . 7. Fuel type 8. Fuelusage 9. Emissions rating A. CO B. HC (total hydrocarbons) C. NOx D. Particulate Matter E. Safety Features 3.7 mpg 15.5 g/bhp/hr 1.3 g/bhp/hr 4 g/bhp/hr 0.1 g/bhp/hr F. Color Safetv alarm svstems include back-up, Open tail-cate. raised fork alarm. Rear view camera monitor svstems Green/white 10. Use additional pages to provide the following narratives: A. Discuss past experience with this type of vehicle. Competitive equipment cost, which in turn results in lower maintenance costs. Overall . excellent performance. B. Discuss the advantages of this type of vehicle as related to: Vehicle reliability means more work time in the filed instead of downtime in the maintenance facility 8.1 Efficiency. Comparable to other equipment currently in the marketplace, this particular truck affords an important safety feature others do not - it prevents commodities from being compacted while the forks are in the raised position. This is a safety benefit for both the driver and the customer. 8.2 Productivity. Excellent productivity because the equipment is so reliable. 8.3 Ease of Operation. Very driver friendly. 8.4 Cost of Operation. Maintenance costs are lower than comparable equipment. 8.5 Clean Air Standards. California Cerfified Diesel engines. As standards change, Waste Management updates equipment to meet the new specifications. . Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 30 2.0 Proposal Forms FORM F GARBAGE COLLECTION VEHICLES · Front end Loaders (CNG) 1. Manufacturer and Model c. Cab and Chassis Volvo WX64 d. Body Wittke Starlight e. Engine Volvo M 11330 f. Transmission Allison HT740RS 2. Number of Vehicles 2 3. Cab and Chassis: a. Cab Height 104 inches b. Walk-In Cab ves x no c. Number of Axles 4 d. Dual Drive yes x no e. Overall Approximate Length With Body Mounted 408 inches 4. Body: · a. Type of Body (open-top, closed body, etc.) Closed b. Rated Capacity 37 cu.yd. c. Practical or Net Capacity 37 cu.yd. d. No. of Bins or Compartments 1 cu.yd. e. Net Capacity of Each Bin or Compartment 28 cu.yd. f. Overall Body Length - Overall 320 inches g. Body Height - Overall 167 inches h. Body Width - Overall 98 inches i. Loading Height Above Ground: Minimum 157 inches Maximum 215 inches j. Materials of Construction High tensile strength steel plate k. Weight: GVW 58,500 Ibs Tare 36.120 Ibs 5. Will the vehicles be owned, leased, or other?Owned · Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 31 2.0 Proposal Forms FORM F (Cont.) 6. Purchase cost of each vehicle 7. Fuel type 8. Fuelusage 9. Emissions rating $246.000 plus tax CNG 3.0 . mpg a. CO b. HC (total hydrocarbons) c. NOx d. Particulate Matter e. Safety Features 15.5 g/bhp/hr 1.3 g/bhp/hr 4 g/bhp/hr 0.1 g/bhp/hr f. Color Safety alarm svstems include back-up. Open tail-Qate, raised fork alarm. Rear view camera monitor svstems Green/white 10. Use additional pages to provide the following narratives: a. Discuss past experience with this type of vehicle. Competitive equipment cost, which in turn results in lower maintenance costs. Overall excellent performance. . b. Discuss the advantages of this type of vehicle as related to: Vehicle reliability means more work time in the filed instead of downtime in the maintenance facility i. Efficiency. Comparable to other equipment currently in the marketplace, this particular truck affords an important safety feature others do not - it prevents commodities from being compacted while the forks are in the raised position. This is a safety benefit for both the driver and the customer. Drivers have to go off site to fuel ii. Productivity. Excellent productivity because the equipment is so reliable. Drivers need to travel farther to fuel. iii. Ease of Operation. Very driver friendly. Drivers must be specially trained on proper fueling practices. iv. Cost of Operation. Maintenance costs are lower than comparable equipment. v, Clean Air Standards. Meet all future air standards. . Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 32 2.0 Proposal Forms FORM F GARBAGE COLLECTION VEHICLES · Roll-Off Trucks (Diesel) 1. Manufacturer and Model a. Cab and Chassis Volvo WX64 b. Body Norcal c. Engine Volvo LTA10240 d. Transmission Allison HT740RS 2. Number of Vehicles 1 3. Cab and Chassis: a. Cab Height 104 inches b. Walk-In Cab ves x no c. Number of Axles 3 d. Dual Drive yes x no e. Overall Approximate Length With Body Mounted: 387 inches 4. Body: · a. Type of Body (open-top, closed body, etc.) Roll Deck b. Rated Capacity N/A cU.yd. c. Practical or Net Capacity N/A cu.yd. d. No. of Bins or Compartments N/A cu.yd. e. Net Capacity of Each Bin or Compartment N/A cu.yd. f. Overall Body Length - Overall 298 inches g. Body Height - Overall 214 inches h. Body Width - Overall 108 inches i. Loading Height Above Ground: Minimum144 inches Maximum 214 inches j. Materials of Construction tvpical construction k. Weight: GVW 58,500 Ibs Tare 26.700 Ibs 5. Will the vehicles be owned, leased, or other?Owned · Presented by Waste Management of Alemeda County. Inc. Proposal Forms Page 33 2.0 Proposal Forms FORM F (Cont.) 6. Purchase cost of each vehicle 7. Fuel type 8. Fuelusage 9. Emissions rating a. CO $134,000 plus tax Diesel . 5.13 mpg 15.5 g/bhp/hr 1.3 g/bhp/hr 4 g/bhp/hr 0.1 g/bhp/hr b. HC (total hydrocarbons) c. NOx d. Particulate Matter e. Safety Features f. Color Safetv alarm svstems include back-up. Open tail~aate, raised hoist alarm. Rear view camera monitor svstems Green/white 10. Use additional pages to provide the following narratives: a. Discuss past experience with this type of vehicle. This piece of equipment is currently used in Dubin and is widely use throughout our . operations, b. Discuss the advantages of this type of vehicle as related to: Provides ease of operations with an ergonomic environment and efficient turning radius. i. Efficiency. These trucks are equipped with Global Position Systems (GPS) for efficient routing. ii. Productivity. Roll-off productivity is dependant on routing and traffic rather than truck specifics. Hi. Ease of Operation. Very driver friendly. Open cab design. iv. Cost of Operation. Lost truck costs of any, per hour. v. Clean Air Standards. California Certified Diesel engines. As standards change, Waste Management updates equipment to meet the new specifications. . Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 34 2.0 Proposal Forms FORM G ReCYCLABLES COLLECTION VEHICLES · Side Loaders (Diesel) 11. Manufacturer and Model a. Cab and Chassis Volvo WX64 b. Body Labrie c. Engine Volvo VED275 d. Transmission Allison MD3560P 12. Number of Vehicles 2 13. Cab and Chassis: a. Cab Height 104 inches b. Walk-In Cab ves x no c. Number of Axles 3 d. Dual Drive yes x no e. Overall Approximate Length With Body Mounted 375 inches 14. Body: · a. Type of Body (open-top, closed body, etc.) Closed b. Rated Capacity 27 cu.yd. c. Practical or Net Capacity 27 cu.yd. d. No. of Bins or Compartments 1 cu.yd. e. Net Capacity of Each Bin or Compartment 27 cu.yd. f. Overall Body Length - Overall 276 inches g. Body Height - Overall 145 inches h. Body Width - Overall 96 inches i. Loading Height Above Ground: Minimum 145 inches Maximum 157 inches j. Materials of Construction Hiah tensile strenath steel plate k. Weight: GVW 51.500 Ibs Tare 28.128 Ibs 15. Will the vehicles be owned, leased, or other?Owned · Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 35 2.0 Proposal Forms FORM F (Cont.) 16. Purchase cost of each vehicle 17. Fuel type 18. Fuel usage 19. Emissions rating a. CO $215.000 plus tax Diesel · 2.2 mpg 15.5 g/bhp/hr 1.3 g/bhp/hr 4 g/bhp/hr 0.1 g/bhp/hr b. HC (total hydrocarbons) c. NOx d. Particulate Matter e. Safety Features f. Color Safety alarm systems include back-up. Open tail-aate. raised fork alarm. Rear view camera monitor svstems Green/white 20. Use additional pages to provide the following narratives: a. Discuss past experience with this type of vehicle. In use in many areas. Good track record- widespread use and long history. Drivers report vehicle as easy to operate. . b. Discuss the advantages of this type of vehicle as reiated to: Competitive equipment cost, which in turn results in lower maintenance costs. Overall excellent performance. Vehicle reliability means more work time in the filed instead of downtime in the maintenance facility. i. Efficiency. Very efficient, very well like by drivers because of how easily they are able to operate and its mechanical arm. ii. ProductIvity. Very good because of ease of dumping carts. This vehicle has a closed chamber that minimizes littering. iii. Ease of Operation. Very driver friendly. iv. Cost of Operation. Very few moving parts in this vehicle, therefore the cost of maintenance in lower. · v. Clean Air Standards. CA certified diesel. WM updates to meet all requirements and standards. . · Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 38 2.0 Proposal Forms FORM G RECYCLABLES COLLECTION VEHICLES · Side Loaders (CNG) 21. Manufacturer and Model a. Cab and Chassis Volvo WX64 b. Body Labrie c. Engine Volvo VED275 d. Transmission Allison MD3560P 22. Number of Vehicles 2 23. Cab and Chassis: a. Cab Height 104. inches b. Walk:"ln Cab ves x no c. Number of Axles 3 d. Dual Drive yes x no e. Overall Approximate Length With Body Mounted 375 inches 24. Body: · a. Type of Body (open~top, closed body, etc.) Closed b. Rated Capacity 27 cu.yd. c. Practical or Net Capacity 27 cu. yd. d. No. of Bins or Compartments 1 cu.yd. e. Net Capacity of Each Bin or Compartment 27 cu.yd. f. Overall Body Length ~ Overall 276 inches g. Body Height - Overall 145 inches h. Body Width ~ Overall 96 inches i. Loading Height Above Ground: Minimum 145 inches Maximum 157 inches j. Materials of Construction High tensile strenath steel plate k. Weight: GVW 51,500 Ibs Tare 28,128 Ibs 25. Will the vehicles be owned, leased, or other?Owned · Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 37 2.0 Proposal Forms FORM F (Cont.) 26. Purchase cost of each vehicle 27. Fuel type 28. Fuel usage 29. Emissions rating a. CO b. HC (total hydrocarbons) c. NO ( d. Particulate Matter e. Safety Features $265.000 plus tax CNG 2.2 mpg 15.5 1.3 4 0.1 g/bhp/hr g/bhp/hr g/bhp/hr g/bhp/hr Safety alarm systems include back-up. Open tail-cate. raised fork alarm. Rear view camera monitor systems Green/white f. Color 30. Use additional pages to provide the following narratives: a. Discuss past experience with this type of vehicle. In use in many areas. Good track record- widespread use and long history. Drivers report vehicle as easy to operate. . b. Discuss the advantages of this type of vehicle as related to: Competitive equipment cost, which in turn results in lower maintenance costs. Overall excellent performance. Vehicle reliability means more work time in the filed instead of downtime in the maintenance facility. i. Efficiency. Very efficient, very well like by drivers because of how easily they are able to operate and its mechanical arm. Drivers must travel off- site to fuel. ii. Productivity. Very good because of ease of dumping carts. This vehicle has a closed chamber that minimizes littering. iii. Ease of Operation. Very driver friendly. iv. Cost of Operation. Very few moving parts in this vehicle, therefore the cost of maintenance in lower. v. Clean Air Standards. Acceptable fuel to diesel engines.. . Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 38 · · · 2.0 Proposal Forms FORM H ORGANIC WASTE COLLECTION VEHICLES · Side Loaders (CNG) 31. Manufacturer and Model a. Cab and Chassis Volvo WX64 b. Body Labrie c. Engine Volvo VED275 d. Transmission Allison MD3560P 32. Number of Vehicles 2 33. Cab and Chassis: a. Cab Height 104 inches b. Walk-In Cab ves x no c. Number of Axles 3 d. Dual Drive yes x no e. Overall Approximate Length With Body Mounted 375 inches 34. Body: · a. Type of Body (open-top, closed body, etc.) Closed b. Rated Capacity 27 cU.yd. c. Practical or Net Capacity 27 CU. yd. d. No. of Bins or Compartments 1 cu. yd. e. Net Capacity of Each Bin or Compartment 27 cu.yd. f. Overall Body Length - Overall 276 inches g. Body Height - Overall 145 inches h. Body Width - Overall 96 inches i. Loading Height Above Ground: Minimum 145 inches Maximum 157 inches j. Materials of Construction High tensile strenqth steel plate k. Weight: GVW 51.500 Ibs Tare 28.128 Ibs 35. Will the vehicles be owned, leased, or other?Owned · Presented by Waste Management of Alameda County, Inc. Proposal Forms Page 39 2.0 Proposal Forms FORM F (Cont.) 36. Purchase cost of each vehicle 37. Fuel type 38. Fuel usage 39. Emissions rating a. CO b. HC (total hydrocarbons) c. NOx d. Particulate Matter e. Safety Features $265,000 plus tax CNG 2.2 · mpg 15.5 g/bhp/hr 1.3 g/bhp/hr 4 g/bhp/hr 0.1 g/bhp/hr f. Color Safetv alarm svstems include back-up, Open tail-cate. raised fork alarm. Rear view camera monitor systems Green/white 40. Use additional pages to provide the following narratives: a. Discuss past experience with this type of vehicle. In use in many areas. Good track record- widespread use and long history. Drivers report vehicle as easy to operate. . b. Discuss the advantages of this type of vehicle as related to: Competitive equipment cost, which in turn results in lower maintenance costs. Overall excellent performance. Vehicle reliability means more work time in the filed instead of downtime in the maintenance facility. i. Efficiency. Very efficient, very well like by drivers because of how easily they are able to operate and its mechanical arm. Drivers must travel off- site to fuel. ii. Productivity. Very good because of ease of dumping carts. This vehicle has a closed chamber that minimizes littering. iii. Ease of Operation. Very driver friendly. iv. Cost of Operation. Very few moving parts in this vehicle, therefore the cost of maintenance in lower. v. Clean Air Standards. Acceptable fuel to diesel engines.. · · Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 40 · · · 2.0 Proposal Forms FORM I CARTS Garbage Carts 1. Manufacturer 2. 3. Cascade Description and Type (including size & color) Grav with arav lids. 35. 64 & 96 aal. Material of Construction (recycled content) Hiah densitv Polvehtvlene (HDPE) 4. Material Content......................................... Hiah densitv Polvehtvlene (HDPE) 5. Durability (in service years) 6. Cost of Each Container 10.5... ............. $31.83 plus tax .............. (32 gal) $36.73 plus tax............. (64 gal) $ 40.70 plus tax.............. (96 gal) years 7. Manufacturer's warranty (1 O-year minimum and attach a copy) 10 (warrantv attached) ...... years 8. Describe the advantages to the residents of this cart related to ease of use, storage, and color. Carts are designed for maximum stability in the wind and have been UV stabilized against the long-term effects to the sun. They are impervious to most household chemicals and solvents and are designed with a drip edge to keep the rain and insects out. They are 100% recyclable. They are high impact resistance, and have a smooth, seamless surface inside and out to allow for excellent appearance and easy cleaning. The design allows for easy handling and excellent balance and can easily pass through 30-inch doors. ., Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 41 2.0 Proposal Forms Form I (cont.) Recycling CartS . 1. Manufacturer Cascade 2. Description and Type (including size & color)Grav with black lids. 35. 64 & 96 aal. 3. Material of Construction (recycled content)Hiah density Polvehtvlene (HOPE) 4. Material Content................................... Hiah density Polvehtvlene (HOPE) 10.5................ years $32.23 Dlus tax .............. (32 gal) $36.73 Dlus tax............... (64 gal) $ 40.10 Dlus tax............... (96 gal) 7. Manufacturer's warranty (10-year minimum and attach a copy) 10 (warrantv attached)..... , years 8. Describe the advantages to the residents of this cart related to ease of use. storage. and color. 5. Durability (in service years) 6. Cost of Each Container Carts are designed for maximum stability in the wind and have been UV stabilized against the long-term effects to the sun. They are impervious to most household chemicals and solvents and are designed with a drip edge to keep the rain and insects out. They are 100% . recyclable. They are high impact resistance. and have a smooth. seamless surface inside and out to allow for excellent appearance and easy cleaning. The design allows for easy handling and excellent balance and can easily pass through 30-inch doors. ,. . Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 42 · · · 2.0 Proposal Forms FORM I (Cant) Organic Waste Carts 1. Manufacturer Cascade 2. Description and Type (including size & color)Green with Qreen lids. 35, 64 & 96 Qal. 3. Material of Construction (recycled content)HíQh density Polyehtylene (HOPE) 4. Material Content................................... HiQh density Polyehtylene (HOPE) 5, Durability (in service years) 6. Cost of Each Container 10.5................ years $31.83 plus tax .............. (32 gal) $36.73 plus tax............... (64 gal) $ 40.70 plus tax...............(96 gal) 7. Manufacturer's warranty (10-year minimum and attach a copy) 10 (warranty attached)...... years 8. Describe the advantages to the residents of this cart related to ease of use, storage, and color. Carts are designed for maximum stability in the wind and have been UV stabilized against the long-term effects to the sun. They are impervious to most household chemicals and solvents and are designed with a drip edge to keep the rain and insects out. They are 100% recyclable. They are high impact resistance, and have a smooth, seamless surface inside and out to allow for excellent appearance and easy cleaning. The design allows for easy handling and excellent balance and can easily pass through 30-inch doors. .. Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 43 2.0 Proposal Forms Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 44 · · · 2.0 Proposal Forms · FORMJ DISPOSAL FACILITY (Provide One Per Facility Site) 1. Name of Disposal Facility The Altamont Landfill............. .............. 2. Location of Disposal Facility................................ 1 0840 Altamont Pass Road, Livermore, CA 3. Proposer's role in the Disposal Facility Owner/Operator.......~......,.................... 4. Other contracting parties N/A....................... .................. .... ....... .. 5. Name, telephone number and address of Disposal Facility owner ............................................WasteManaqement of Alameda County 172 98th Ave. Oakland, WA 94603 6. Types of materials accepted Class II and III non-hazardous wastes Special and desiqnated wastes 7. Quantity of materials permitted by material type {tpd and tp Aggreqate of 11,150 tpd, limit of 5,000 · tpd sludqe. 6,000 desiqnated waste 2,000 tpd asbestos. 5,000 tpd other non-hazardous wste 8. CIWMB Permit Type and Number 01-AA-009 Landfill Disposal Site 9. Local Land-use Permit Number CUP-5512........................................... Per ton disposal fee (by material type) Fees on all materials: AS 939 Fee = $1.40Iton all tons, Open Space fee: $1.25/ton, Measure "D" Fee: $7.06/ton County Facility Fee: $150/ton, Co. Hazardous Waste Fee: $2.15/ton LEA Inspection Fee: $0.22/ton, Co. Planninq Dept. Fee: $0.75/ton. Co. Business License Tax: $0.95/ton.. (Co. Mitiqation Fee: $4.530Iton on non-County waste). Fee on Asbestos: State Hazardous Waste Fee $16.860/ton. · Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page .45 2.0 Proposal Forms THIS PAGE INTENTIONALLY LEFT BLANK Presented by Waste Management of Alameda County, Inc. Proposal Forms Page 46 · · · · · · 2.0 Proposal Forms FORM K ReCYCLABLES PROCESSING FACILITY (Provide One Per Recyclable Materials Recovery Facility) 1. Name of Processing Facility 2. Location of Processing Facility 3. Proposer's role in the Processing Facility 4. Other contracting parties Davis Street MRF ................................ 2615 Davis Street. San Leandro.......... Owner/Operator................................. .. NIA ............. ..................................... .... 8. Name, telephone number, and address of Facility's Owner ... ............ ........................... .......... ...Waste Manaqement of Alameda County 172 98th Ave. Oakland, WA 94603 Types of materials accepted for processing Curbside recvclables includinq #1-7 Glass bottles and jars. aluminum. Tin. fiber. C&D materials. Orqanics 5. Quantity of materials permitted for processing type (tpd and tpy) 5.600 tons per day of recvlables. ........ 8. CIWMB Permit Type and Number 9. Local Land-use Permit Number 10. Per ton processing fee by material type 01-AA-0007 ........... .......................... .... CU-76-16 and CU-96-1 ....................... See rate sheet..................................... Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 47 2.0 Proposal Forms THIS PAGE INTENTIONALLY LEFT BLANK Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 48 · · · · · · 2.0 Proposal Forms FORM L ORGANIC WASTE PROCESSING FACILITY (Grover Environmental Products) 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 Grover Environmental Products........... 3401 Gafferv Road. Vernalis................ Grover is a subcontractor.................... None................... ................................ 6. Types of materials accepted for processing Mark Grover, Owner ............................ Grover Landscaping Services, Inc. 2825 Kiernan Ave. Modesto. CA 95356 (209) 545-4401 Green. Materials, aqricultural material. Food waste mixed with·qreenwaste (receives FW from Berkelev). 500 inbound tpd, or 200.000 cubic vds activelv compostinq. 800.000vds/vr 150,000inbound tons/vr. 50-M-0020 .. .................................... ... RR-700-04.......................................... . $19/ton GW. $25/ton GW with FW...... Compost............................................. . 7. Quantity of materials permitted for processing type (tpd and tpy) 8. CIWMB Permit Type and Number 9. Local Land-use Permit Number 10. Per ton processing fee 11. Types of finished product(s) Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 49 2.0 Proposal Forms Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 50 · · · · · · 2.0 Proposal Forms FORM L ORGANIC WASTE PROCESSING FACILITY (Z -Best) 8. Name of Processing Facility 9. Location of Processing Facility 10. Proposer's role in the Processing Facility 11. Other contracting parties 12. Name, telephone number, and address of processor's Owner 13. Types of materials accepted for processing 14. Quantity of materials permitted for processing type (tpd and tpy) 12. CIWMB Permit Type and Number 13. Local Land-use Permit Number 14. Per ton processing fee 15. Types of finished product(s) Presented by Waste Management of Alemeda County, Inc. Z-Best .............. ..... .............................. 980 SR-25, Gilroy. CA 95020.............. Grover is a subcontractor .................... None.... .......................... ..................... Zanker Road Resource Mgmt.............. 625 Charles Street San Jose, CA 95112. (208) 263-2393 Green Materials, aqricultural material, Food waste, Manure, Mixed Municipal Waste 1,500 inbound tpd averaqe(2,500 tpd , peak), or 500,000 cubic yards active Iv compostinq at one time:: 390.000 tpv. Com' FW permit::700 tpd::182,OOO tpv 43-AA-00 15 .......................................,. Santa Clara Co Cond' Use Permit ...... ............................................................ $36/ton for Commercial Foodwaste ..... Com post. .. .. . .. . . . .. .. . .. .. ... . .. .. . . .. . . .. .. .. .. .. .. Proposal Forms Page 51 2.0 Proposal Forms Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 52 · · · · · · 2.0 Proposal Forms ALTERNATIVE PROPOSAL 1: EXISTING EQUIPMENT AND EXISTING CARTS Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 65 2.0 Proposal Forms \ . Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 66 · · · 2.0 Proposal Forms · CITY of Dublin Collection Service Compensation Proposal Form D..1 Agreement Service Level 1. Collectio Compensation Element 2. Tonnage for alculating Disposal Compensation Element 3. Disposal Tippin Fee (To be completed by CITY) 4. Disposal Compens ion Element (To be completed by CITY) 5. Container Compensation lement 6. Fee Compensation Elsmen To be completed by CITY) Agreement Year 1 $ 6,361,560 32,637 Tons Proposers should provide the requir information on lines 1, 2 and 5 of Form 0-1. · AQreement Service Level. The Agreeme service level includes Collection Services as set forth in the Collection Services Agreement Section five (5) of this RFP. Specifically this service level includes: · the provision of Large Item Colle ion Services to SFO Service Units up to three (3) times per Agreement Yea at up to seven (7) cubic yards per collection event; · the provision of SFO Organic Waste C ection Service; · the inclusion of E-Waste in Large Item Co ction Service; and · the use of alternative fuel or "clean air vehicl " Notes: 1. Does not include cost of FW pails as this amount to be rei bursed to the City by the ACWMA. 2. Tonnage includes MSW tons only. Collection compensation in non-MSW tons. · ~\tJ Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 67 2.0 Proposal Forms CITY of Dublin Collection Service Compensation Proposal Form D..2 Option 1 Service Level 1. Col ction Compensation Element for Calculating Disposal Compensation Element 3. Disposal ing Fee (To be completed by CITY) 4. Disposal Com nsation Element (To be completed by CITY) 5. Container Compe ation Element ent (To be completed by CITY) 7. Total (To be completed tj City) . Agreement Year 1 $ 6,361,560 32,637 Tons o tion 1 - SFD Or anic Wast Collection Service - Form D-2. Option 1 is the removal of the SFD Organic Waste Collect n Service program and the implementation of a SFD Green Waste Collection Service progra Proposers should provide the require information on lines 1, 2 and 5 of Form D-2 under the Option 1 service level. . Notes: 1. Does not include cost of FW pails as this a unt to be reimbursed to the City by the ACWMA. 2. No change as greenwaste and/or foodwaste w Id be disposed of similarly. 3. Tonnage includes MSW tons only. Collection co ensation includes disposal for non- MSW tons. Presented by Waste Management of Alemeda County, Inc. . Proposal Forms Page 68 · 2.0 Proposal Forms CITY of Dublin Collection Service Com pensation Proposal Form D-3 Option 2 Service Level 1. Collection Compe ation Element 3, Disposal Tipping Fee (To e completed by CITY) 4. Disposal Compensation Ele ent (To be completed by CITY) 5. Container Compensation Elem t 6. Fee Compensation Element (To b 7. Total (To be completed by City) Agreement Year 1 $ 6,350,621 31,708 Tons o tion 2 - Lar e Item Collection Service - orm D~3. Option 2 is the reduction of the Large Item Collection Service level to SFD Service nits from seven (7) cubic yards per collection event to five (5) cubic yards per collection eve . Proposers should provide the required information lines 1, 2 and 5 of Form D~3 based on · the Option 2 service level. · Notes: 1. Tonnage includes MSW tons only. Collection compensati n includes disposal for non- MSW tons, ~~ Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 69 2.0 Proposal Forms CITY of Dublin / Collection Service Compensation Proposal Form D-4 Option 3 Service Level 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) Agreement Year 1 $ 6,351,560 32,637 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. . Notes: 1. Tonnage includes MSW tons only. Collection compensation includes disposal for non- MSW tons, Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 70 . · · · 2.0 Proposal Forms CITY of Dublin Collection Service Compensation Proposal Form D-1 Agreement Service Level 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) Agreement Year 1 $ 4,956,520 32,637 Tons 5. Container Compensation Element 6. Fee Compensation Element (To be completed by CITY) 7. Total (To be completed by City) Proposers should provide the required information on lines 1, 2 and 5 of Form 0-1. Aareement Service level. The Agreement service level includes Collection ServÎces 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 up to three (3) times per Agreement Year, at up to seven (7) cubic yards per collection event; .. the provision of SFD Organic Waste Collection Service; c, the inclusion of E-Waste in Large Item Collection Service; and .. the use of alternative fuel or "clean air vehicles". Notes: 1. Does not include cost of FW pails as this amount to be reimbursed to the City by the ACWMA. 2. Tonnage includes MSW tons only. Collection compensation includes disposal for non-MSW tons. Presented by Waste rlltanagement of Alemeda County, Inc. Proposal Forms Page 67 2;.0 Proposal Forms CITY of Dublin Collection Service Compensation Proposal Form D-2 Option 1 Service Level 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) Agreement Year 1 $ 4,956,520 32,637 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. . Notes: 1. Does not include cost of FW pails as this amount to be reimbursed to the City by the ACWMA. 2. No change as greenwaste and/or foodwaste would be disposed of similarly. 3. Tonnage includes MSW tons only. Collection compensation inciudes disposal for non- MSW tons. Presented by Waste Management of Alemeda County, Inc. Proposal Forms Page 68 . · · · 2.0 Proposal Forms CITY'of Dublin Collection Service Compensation Proposal Form D-3 Option 2 Service Level 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) Agreement Year 1 $ 4,945,581 31,708 Tons Option 2 - Laroe Item Collection Service - Form 0-3. 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. Proposers should provide the required information on lines 1 , 2 and 5 of Form Dp3 based on the Option 2 service level. Notes: 1. Tonnage includes MSW tons only. Collection compensation includes disposal for non- MSW tons. Presented by Waste Management of Alemeda County, Inc. Proposal Fonns Page 69 2.0 Proposal Forms CITY of Dublin Collection Service Compensation Proposal Form D-4 Option 3 Service Level 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) · Agreement Year 1 $4,946,520 32,637 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. Notes: · 1. Tonnage includes MSW tons only. Collection compensation includes disposal for non- MSW tons. Presented by Waste Management of Alemeda County. Inc. · Proposal Forms Page 70 ---------- "@ì WASTE ....ANAOI!MI!NT . PJ"iml!d 01'1 Ri,'¡,'yl'i/!t! PIIIIC! 11 4.0 Qualifications 4.1 Key Staff Persons (Including In-City Supervisor) - Proposer must identify each person and provide resumes for key staff proposed for the service identified herein. Patrick Gavin District Manager Phone: (925) 447-1324 E-Mail: Pgavin@wm.com Patrick Gavin is a nineteen-year veteran of the Solid Waste industry. He has worked in numerous capacities over his long career in the Waste Industry, beginning as a route manager with Browning Ferris Industries (BFI) in San Jose, CA. In 1986 he was promoted to Operations Manager and relocated to Pasadena. He served as Operations Manager for two years before being promoted to Assistant District Manager over the Medical Waste Division in Los Angeles, CA. He then was promoted to District Manager and remained in the Medical Waste industry until 1996, when he was named to be the District Manager in Sun Valley, Ca. In 1998, Mr. Gavin assumed the District Manager position in Boise, Idaho were he was responsible for BFI's activity within the State. Mr. Gavin joined Waste Management in 2000 as the District Manager for the Solid Waste and Recycling Services of Waste Management in Hollister, CA. In 2002, he transferred to Valley Waste Management where he currently serves as District Manager. Later that same year, he was given the opportunity to also serve as the District Manager for Livermore Dublin Disposal, serving the cities of Dublin, Livermore and San Ramon as well. . I(athleen ~inser Government Affairs Manager Phone: (925) 371-4057 E-Mail: kminser(Ù)wm.com Kathleen Minser has been with Waste Management since 1987. She currently serves as the Government Affairs Manager for the Tri Valley and East Bay Area, serving as the company liaison for seven Bay Area Cities. Prior to accepting this position, Ms. Minser worked as the operations manager for Livermore Dublin Disposal and as the Operations and Health and Safety Supervisor at Waste Management's East Bay Disposal District, among other positions. She was responsible for, the implementation of new programs in the Cities Union City and Newark. In 2002, she was an intricate part of the Livermore RFP process, and the implementation of the start up of the City's new contract. She has served as a director on the board of the Newark Chamber of Commerce, and served as Second Vice President. Kathleen is an Alameda County native and is active in community events in Union City, Dublin, Livermore and Dublin. .' Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 P/,i¡1W¡! 011 Ri'i..'yded Pa'l/'I /2 · Aimee Burastero- Stevens Public Education Manager Aimee Stevens has a Bachelor of Arts Degree from St. Mary's College of California. She has worked at Waste Management as the Public Education Manager since January of 2002. She is actively involved in promoting community outreach efforts and activities in the Tri-Valley. She was instrumental in the implementation of the Livermore Curbside Program. She has played a pivotal role in developing outreach materials, conducting community presentations, and conducting school presentations. Aimee will oversee all Public Education efforts, including but not limited to: · Developing annual outreach campaigns to increase diversion. · Work with the City in partnership to develop and incorporate municipal activities into Contractor activities, vice versa. · Develop and implement outreach programs for individual sectors: businesses, schools, apartments, and single- family residences. · Oversee and conduct school presentations at the Dublin schools. Sheila F'agliallo Recycling Coordinator Sheila is an enthusiastic advocate of recycling. She excels as a recycling educator, customer service liaison and community spokesperson for recycling. Sheila is well organized and efficient at planning and implementing special projects in a quality and timely manner. She is diplomatic and resourceful in collaborative projects involving City staff, elected officials and the public she serves. She can be depended upon to quickly resolve service problems and to retain customer good will. Her primary responsibilities as Recycling Coordinator include managing the commercial programs for over 600 businesses and 11 public and private school facilities in Dublin. This includes making presentations to evaluate recycling potential; setting up customized recycling programs, and continuing the training of custodial vendors and employees, She also develops and implements a public school education curriculum educating children through classroom presentations about recycling at school and at home. She assists in the development of educational publications for residential and commercial/multi-family recycling programs. She also serves as a liaison between the City and LDD for programs and activities that educate the public and promote recycling. She coordinates the Christmas tree recycling program and scout troops for over 8,000 residential households. Proposal to the City of Dublin for Collection and Disposal Services · · Livermore Dublin Disposal September 15, 2004 '('odd Nienhouse Operations Manager In 1996 Mr. Nienhouse started his career with Waste Management as the Recycling Center Coordinator for Valley Waste Management in Walnut Creek. Mr. Nienhouse was promoted to Operations Supervisor at Waste Management of Alameda County (WMAC) in Oakland in 2000. In 2002 Mr. Nienhouse was promoted to his current position of Operations Manager at Livermore Dublin. Some of his primary responsibilities include: · Supervision of more than 90 employees regarding all aspects of the commercial, residential and roll-off business for the Cities of Dublin, Livermore, and San Ramon. · Formulating overall operating policies and procedures. · Interpreting and executing District directives, polices and programs in pursuit of District and City objectives. · Reviewing all accidents and managing the Hea1thand Safety program for the district. Nick Pc"ata Operations Route Manager Nick Perata began his career at Oakland Scavenger Company in 1968 while lie attended Merritt Junior College. After obtaining his Associate of Arts Degree in 1968, he began working as a route manager. Nick is responsible for all residential routes in Dublin and San Ramon. He is responsible for 32 employees. Duties for this position include completing weekly route observations, and serving as a liaison between City personnel, customers and drivers to resolve service issues. He is also responsible for maintaining the cart and container inventory for the District. · ~l WA,STE MANAOIiMENT . · PJ'/'n(,:~d ¡m Rt'l'Ji:led ¡Jape/" 13 Anthony M~lriani Operations Route Manager Mr. Mariani entered the Solid Waste Industry in 1987. He is a fourth generation solid waste employee; his great-grandfather, grandtàther, and father were all owners. Mr. Mariani began his career in Stockton, assisting in the implemention of the City's new recycling program. He has worked on residential and commercial routes and is trained on both front -end loader and roll-offtrucks. In 1995, he became a driver trainer and trained all new drivers on the front-end load system. Mr. Mariani became a Route Manager at Livermore Dublin Disposal in 200 I. In addition to supervising all Roll-off and Commercial drivers, he serves as a liaison between City personnel, customers, and Waste Management drivers to resolve issues. · Proposal to the City of Dublin fot Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 -~ --.........................---.~ WAST'; MÃ~J!\GI;NI I;NT I>avid McClendon Operation Route Manager Mr. McClendon has worked for Waste Management for three years as a Residential Manager. In addition to supervising all residential drivers, he works very closely with the City of Livermore. He works to promote quality customer service and to ensure a safe working environment for his drivers and residents of the cities WM services. PátFlI'd Oil Ri'('.J'I.'led fialri~'· /4 As part of his job, Mr. McClendon performs weekly route observations. In addition he works to ensure that drivers are knowledgeable about CalOsha and DOT, along with WM policies and regulations. He works actively to assist customers with their needs and concerns. Proposal to the City of Dublin for Collection and Disposal Services Livennore Dublin Disposal September 15, 2004 · · · · · - ~ 71'; o Q. 71'; .- Q = .- - ,.Q ..... = ;Q~ ~ ~ = u;..= -eN ~ ;.. ~ o ~ ,.Q .- ;;... e ..... .- ~ ~ ~ .~ ..... ~ = = ~ ~ ~ rJ'J. f!J~ o bJ'.) ~ = ~ ~ ~ ..... 71'; ~ ~ · d o .~ .""" (J) o ~ [) p.. ~ - u:J 4-< o ... Q) ~ z * '. "'" ~""""'-----............._-............... _A~' _._ ] Primed Of¡ R('tydl~d IJllp('" IS · 4.2 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. .James Devlin Market Area Vice President Phone: 510·613-2815 E-Mail: idevlinla).wm.com Mr. Devlin is responsible for Waste Management's Bay Area operations, where is responsible for over 1600 employees and over 30 municipal contracts, His past experience includes eleven years with Browning-Ferris Industries as Corporate Vice President of Marketing Sales and Corporate Vice President of Customer Service and District Manager ofBFI's Los Angeles District. Prior to joining Waste Management in 2002, Mr. Devlin was Corporate Vice President of Sales for New Penn Corporation. · Mr. Devlin is a graduate of the University of Arkansas, with a BS in ßusiness Administration. Jim Alderson Market Area Controller Phone: 510-613-2875 E-Mail: ialderson(á)wm.com Jim Alderson is responsible for overseeing all accounting functions Waste Management's North Bay Market Area. This includes preparation of financial statements, account analysis and reconciliation, management of administrative functions, preparation of proposals and assistance with contract negotiations. Mr. Andersonjoined Waste Management as an Empire Waste Management employee in October 1990. He has been Area Controller since 1995. During his tenure at Waste Management, Mr. Alderson has prepared financial proposals for various jurisdictions and also participated in many contract negotiations. Mr. Alderson has a BA in Accounting from the University of South Dakota and an MBA in Finance from the University ofIowa, His CPA was issued in the State of Texas. · Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 -.-------------------~ Primed nH UI,~ ,)'dpd p{ffJ ~' 16 (~; WASTE MANAG~ME:NT · David Krueger Recycling Manager Davis Street Transfer Station and MRF Phone: (510) 714-8931 E-Mail: Dkruerger@wm.com David Krueger is the facility manager at the Davis Street Materials Recovery Facility in San Leandro, California. This facility processes 350 tons per day of Construction and Demolition Debris and 500 tons per day of Organic materials. Mr. Krueger has over 13 years of experience in the recycling industry. He has worked for Waste Management since September, 2000. Mr. Krueger collaborates with municipal customers to develop new recyclables processing services, manages contracts with on-site recycling vendors, leads community outreach efforts, and directs sales of compost, mulch, and plastic lumber. Prior to coming to Waste Management, Mr. Krueger worked for the City of San Jose where he designed, implemented and managed recycling, compo sting, and recyclables market development programs. He has also worked for a consulting firm, R. W. Beck and Associates, preparing solid waste management plans and performing waste characterization studies. Mr. Krueger has published articles in national recycling journals, given presentations at local and national industry conferences, and serves on the boards of the California Organic Recycling Council and the California Compost Coalition. Mr. Krueger has a bachelor's degree in History from Occidental College, where he also initiated and managed a campus-widé recycling program. · .lad.. Isola District Manager, Davis Street Transfer Station and MRF Phone: (510) 563~4202 E-Mail: Jisola(Ù!wm.com Jack Isola joined Waste Management in 1978, after a 6-year teaching career. His tenure at Waste Management includes 5 years experience overseeing the operations of Altamont, Tri-cities and Sunnyvale Landfills. Progressive positions held included Route Driver, Supervisor, Construction manager, Assistant Engineering Manager and Manager of Landfill Operations. In 1990, Mr. Isola assumed the position of District Manager of the Davis Street Transfer Station and Recycling Facility. The Davis Street facility processes an average of3,800 tons per day of material from Alameda and adjacent counties. He is responsible for the daily operation of the facility, including disposal operations, transfer operations, green/wood waste processing special waste acceptance procedures, and truck and equipment maintenance. Mr. Isola, most recently, oversaw the design, construction and startup of the 400 ton per day Davis Street Construction and Demolition Material Recycling Facility. Mr. Isola is a graduate of St. Mary's College of California and holds a teaching credential from California State University Hayward. · Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 · · · p,'jIP/{:d fin R(!(yâcd }J¡lfJef' 17 .Jamie Mclaughlin Material Marketing Manager, Western Group Phone: (562) 467-6909 E-Mail: JmcLaughlin@wm.com Jamie McLaughlin will direct the recyclable material marketing activitles and complement the role of our on-site manager. Mr. McLaughlin's responsibilities include: · Developing, modifying, and executing an annual recyclable materials marketing plan, · Working with the plant and regional managers relative to all marketing related issues including training, monitoring, and quality control at the MRF, · Reviewing transportation methods and strategies for revenue maximization. · Negotiating with end-markets for supply and price agreements. · Provide all quality training and monitoring relative to product quality ofthe MRF. .Jocl Coron3 Market Area Recycling Manager Phone: (925) 623-3200 E-Mail: Jcorona@wm.com Joel Corona is the Market Area Recycling Manager, serving Càlifornia, Nevada and Hawaii. Joel began working at WM/RAA in year 2000 and has twenty years of experience in facility operations, program development and legislation in the solid waste and recycling industry. Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 .-----~.. ¡¡riM/'iI 011 Ren'cf(,¡f PilI"'" 18 (~; \N'A6TJ!' M \NAOIi!MI!!NT · 4.3 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 leastfour (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. Information on references from local governmental clients is included on the following pages. · · Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublïn Disposal September 15, 2004 · · · ~------------- ,d;i~>'(':',:,.:: "~' ,,:' I'.',':' w_._;~.j Dublin Residential Households: Multi.Family Customers: Commercial Customers: Annual Tons Collected: Served since 1965 CIWMB Approved Diversion: 8,543 3,834 636 28,588 50% Curbside Residential Collection Waste Management's Livermore-Dublin Disposal District provides solid waste collection in 35-96 gallon roll-carts. The automated collection includes weekly garbage, yard waste and recycling. Curbside bulky item, E- Waste Collection, an annual household hazardous waste drop-off event, and Christmas tree collection and recycling are also provided. 6 automated trucks are used to service the City. Commercial Collection: Commercial service includes pickup of containers ranging from I to 7 cubic yards, six days per week. Commercial recycling is provided as part of the garbage service. Five front-load trucks are used to provide commercial service. Waste Management provides customer service for the City and provides billing functions for services beyond the City's base service. Community Involvement: St. Patrick's Day Festival & Parade, Dublin Chamber Commerce Expo, Dublin Women's Club Crab feed Fundraiser, Dublin Chamber Commerce Staff Appreciation, Saint Patrick's Shamrock 5K Fun Run, Dublin Chamber Annual golf Tournament, Easter Seal Tri-Valley Event, City of Dublin 4th of July Event, City of Dublin Day on the Glen, Dublin Saint Patricks Parade, Dublin Chamber Turkey Classic, Dublin High Homecoming, Relay for Life, DPIB. Proposal to the City of Dublin for Collection and Disposal Services p,.inœd (Ui RI'C)!('(ed ht¡wr /9 Contact: Jason Behrmann Senior Administrative Analyst II (925) 833-6650 Livermore Dublin Disposal September' 15, 2004 C"""·"· . <f;gty Livermore Residential Households: Commercial Customers: Annual Tons Collected: Served since 1965 CIWMB Approved Diversion: 23,283 1 ,482 94,833 50% Curbside Residential Collection Waste Management's Livermore-Dublin Disposal District manual tråsh collection in 35-96 gallon roll-carts. The automated collection includes weekly garbage, yard waste and recycling. Curbside bulky item collection, an annual E- Waste drop-off event, and Christmas tree collection and E- Waste recycling are also provided. 15 automated trucks are used to service the City. Commercial Collection: Commercial service includes pickup of containers ranging from I to 7 cubic yards, six days per week. Commercial recycling is provided as part of the garbage service. Seven front-load trucks are used to provide commercial service. Waste Management provides all customer service and billing services the City of Livermore. Community Involvement: Livermore Rodeo, Livermore AirpOli Appreciation Day, local July 4th celebration, Livermore Honey & Wine Festival, Livermore Christmas Parade, LLNL and Kaiser Earth Day events, Vine to Wine Race, Livermore Fitness Day, Adopt a Highway program. Support of Community Organizations such as Kiwanis, Tri-Valley Seniors Group, 4-H, FFA, Boy Scouts, Girl Scouts, Tri - Valley Youth Services, and various clean up projects. Proposal to the City of Dublin for Collection and Disposal Services Primed IHI R/,!(.:¡.,t'h:d IJ/lllel ]() · · Contact: Jacque Delgadillo 3500 Robertson Park Road Livermore, CA 94551 (925) 960-8002 · Livermore Dublin Disposal September 15, 2004 · · · Union Residential Households: 20,000 Commercial Customers: 2,000 Annual Tons Collected (all tons): 96,000 Service since 1960 CIWMB Approved Diversion: 52% Residential Collection: Tri-Cities Waste Management (TCWM) uses automated and semi automated trucks to collect garbage and yardwaste in Union City, The yard waste collection is, in turn, subcontracted to Tri-Ced Industries. On-call bulky items are also collected in the City's program. TCWM provides customer service for the City and provides billing functions for services beyond the City's base servIce. Commercial Collection: Waste Management's commercial services include collection of containers ranging from I-yard bins to 7- yard front load bins (and up to 40 yard roll-off containers and compactor boxes), six days per week using 2 vehicles. Community Involvement: Waste Management has played an active role in the community over the years in Union City with monetary and service donations to the New Haven Schools Foundation, Winter Fest, James Logan High School, Union City Spirit Awards, New Year's Eve Gala, Union City Soccer Opening Day, Union City Youth Soccer League, Make a Difference Day, Union City PAL, and the Union City Chamber of Commerce. Proposal to the City of Dublin for Collection and Disposal Services p,.¡"It/:>t:! on f?e<.:)'dëd PII/h'r 2/ Contact: Tony Acosta 34009 Alvarado-Niles Road Union City, CA 94587 (510) 675-5394 Livermore Dublin Disposal September 15, 2004 ------------- ---=l City of Hayward Residential Households: Commercial Customers: Annual Tons Collected: Service since 1944 CIWMB Approved Diversion: 27,337 4,672 173,000 49%· Curbside Residential Collection: Waste Management of Alameda County (WMAC) has provided weekly collection of garbage service to customers in Hayward for 60 years. Recycling and yard trimmings service were added in the City's weekly recycling collection program includes mixed paper, 1990. On-call bulky items are also collected in the County's program, Waste Management provides all customer service and billing services the City of Hayward. Thirteen automated collection trucks are used in the City for the City's residential collection services. Residential recycling is subcontracted to Tri-Ced Community Recycling Services. Commercial Collection: The City of Hayward's commercial service includes collection of containers ranging from 32-gallon carts to 6-yard front load containers (and up to 40 yard roll-off containers), six days per week. Nine commercial front end loaders are used to collect commercial garbage and recyclables in Hayward. Community Involvement: Hayward Chamber of Commerce, City events and festivals; donations &Ior services provided throughout the year. Proposal to the City of Dublin for Collection and Disposal Services p,";lIwt! O/t H¡:i"yded Paflf.'"r 22 · · Contact: Vera Dahle-Lacaze vera. da h le-laçaze(CÙci. havw a rd. ca. us Phone: (510) 583-4725 · Livermore Dublin Disposal September 15, 2004 · · · ~ -==--~ Pr¡,,/(~tI (/11 Ul.'q'L"led Pal'j't 23 City of Oakland Residential Households: Commercial Customers: Annual Tons Collected: Served since 1920 CIWMB Approved Diversion: 83,752 7,553 386,000 50% Curbside Residential Collection Waste Management of Alameda County (WMAC) provides manual trash collection in Oakland using contractor-provided cans. Automated 64-gallon carts are serviced weekly for organics. Foodwaste will be added to the City's greenwaste program in March of 2005. Curbside bulky item collection, an annual household hazardous waste drop-off event, and Christmas tree collection and recycling are also provided. 53 automated/semi-automated trucks are used to service the City of Oakland. Commercial Collection: Commercial service includes pickup of containers ranging from I to 7 cubic yards seven days per week. Commercial recycling is pt~)Vided at a reduced cost. 18 front -end style trucks are used to provide commercial garbage and recycling service. Community Involvement: Oakland Holiday Parade, Environmental Expo, City of Oakland Chamber events, Misc. city events and festivals. Contact: Mark Gagliardi, Director City of Oakland Solid Waste Services Phone: (510) 283-6262 Proposal to the City of Dublín for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 ·----1 ",I WA.TE MANAGIiMENT J C.ity of Lake Forest Residential Households: Commercial Customers: Annual Tons Collected: Served since 1991 CIWMBApproved Diversion: 16,500 400 80,000 69% Curbside Residential Collection WMOC provides manual trash collection in resident-provided cans. Automated 64-gallon carts are serviced every other week for commingled recyclables, and automated 64 or 96-gallon carts are serviced weekly for green waste. Curbside bulky item collection, an annual household hazardous waste drop-off event, and Christmas tree collection and recycling are also provided. 10 automated trucks are used to service the City of Lake Forest. Commercial Collection: Commercial service includes pickup of containers ranging from 1.5 to 4 cubic yards seven days per week. Commercial recycling is provided at a reduced cost. Eight front-load trucks are used to provide commercial service. Community Involvement: WMOC provides monetary support and in-kind services to the Lake Forest Chamber of Commerce, youth sports teams, the Lake Forest Business Expo, the Fourth of July Parade, Heritage Park Christmas Celebration, Concerts in the Park, and recycling education programs in the school district. Proposal to the City of Dublin for Collection and Disposal Services J'rillkd fill f<eerdl'd PilI'!'" 24 · · Contact BobWoodings (949) 461·3481 23161 Lake Center Dr., Suite 100 Lake Forest, CA 92630 · Livermore Dublin Disposal September 15, 2004 · · · ---~--.........- --- WASTE MANADEMIENT Mission Viejo Residential Households: Commercial Customers: Annual Tons Collected: Service since 2000 CIWMB Approved Diversion: 28,500 600 103,000 42% Curbside Residential Collection: WMOC provides automated collection with variable cart sizes of 35, 64 and 96 gallons. Also included is single-stream recycling of mixed paper, newspaper, cardboard, phone books, plastics, glass, aluminum and tin in 35, 64, or 96- gallon carts and of green waste in 35, 64, or 96- gallon carts. On-call curbside bulky item pickup, an annual household hazardous waste drop-off event, and Christmas tree collection and recycling are also provided. Commercial Collection: Commercial service includes pickup of containers ranging in size from 1.5 to 6 cubic yards seven days per week. Wetldry routing is used for commercial and multi-family recycling. Dry material is transported to a material recovery facility for processing. Commercial recycling is also offered in bins and carts. Community Involvement: WMOC donates money andlor in-kind services to the Mission Viejo Chamber of Commerce, youth sports teams, the Mission Viejo Business Expo, and the Fourth of July Street Faire, and annually joins the community in celebrating National Library Week by donating $5 per ton of recyclables collected curbside to the Friends and Foundation of the Mission Viejo Library each April. Proposal to the City of Dublin for Collection and Disposal Services P"¡ntetlON RI.!/.yded ¡'¡"IU'/' 25 Contact Karen Wylie Assistant City Manager (949) 470-8409 200 Civic Center Drive Mission Viejo, CA 92691 Livermore Dublin Disposal September 15, 2004 -----.....-------.--......... __'M__~ l~,.¡'m.:d (111 R{!t.'ych·" PIII'!I!, 26 · C-h. fM- · V·" . 1....)' O! .' 188100 '. leJO ''''''',lh.MÚ h" C"".tl"'i~,](',¡:¡,f~ !:¡;",jl,\li' "'oIt)'&.lh '~~¡'¡,U:1\~~',' '~;\":':IIi~ ,¡',o~¡'" !;;i":"::,"~.'I:.," ""T. "''''''m·"'''"',....'''''" :", ,. ^,' ,"",,.~......"h"'_,.,' ""',.~,',",,'~'\- ',.. ,\ ,.." .~',_ . ,·,·,'....'''''''~'''''''''''_r.',,'"'·"'.,"',"';I"'',,·,·'..~\'· 'J','¡'rI .~, HH.~,·.,"1.!"l 1>:~:,,~':,~',¡4 Jf~,·i~'~.\b nHiœ (lr tn('l\taYiH' ¡md City (,/Und! 1"lm, ~,~~~ "fP:' L".J,~,,", ': ;..:,,'~'t~'''« ~~'~,'i'f~ G~lIf fh:.iW~~ .~:,~Ji.i:I'If.::il '~"'''Ø.~I:' March 7, 2001 RobertJ, Goyle" District Mamilqe( Waste ManagemBnt of Orange Gou/lty 1000 South ßfanø Avenu\, Santa Ana, CaUfornlå 9:2'70<5 Dear Bob, I want to thank you and the team from Waste Management ot Orang& County for dOing ª gH,!st rJb of rolling Oll\ 90,000 new carts and implementing a new, fully aulomðted curbside collection program in Missimt Viejo. I am grateful to you for bringing sucll a great group of peop4l'J together 1.0 work on this project that personally affected InQm than 3:~.ÜOO nous.eholds, Your staN membem wßm patiE!!:f1,t with our resident::;, rt!$l)f,)n$ive 10 A8..ch reque!';1 for ca.rt exchanges. and r.¡ff¡d(~n! fl'\ Hw collection and delivery af cans, I very much appreciatt! the hl{¡h qUAlity t:\1stomer servìt.é provided by Waste Manage-ment d\Jciflg the transitioni!lg trom the previous !iemi'8utomated program to a flllly a~jt(!mal(~(1 Gurb:;ide co!lediun p{ogral'T! · PlaMe Q~pres!5 m)' n:ratitudt' to Daviel Ross, G¿,y Soroka, MichelkJ Clart., Ro1ando Mendo,za, lim Flanagan, Ke\,'tl'l Sweeney. and the customm smvicn t~m1.m staff, for working so harc1 lor Mission Vi,e}o fherr efforts and pomona I (:Qfft/T1¡trnelilw3s evirJent in every aspect of the,r performance Tl"11i\\nk you $Ò mu(~h fm your (j(~dïçatioJJ'1:Ind support. that (mad!) Wa&lê Managem<enfs return to the community so success-fu! \Ne'loomc p..aekl Since';.:y, I ,J' ,I J/', i .' ¡,-.,.7',i-·--_;' '_~'.'~A<'-_' ll-tÞ:~;¡fX;;,:~__.i SUt,an¡ \¡Vllhmw McIVor Pro T em C' i:;;ay'monti F' _ 8ur~,(', Vicf> ['res id!}nt C ¡ty Council ~~,t~'~~ r~:\~:" . :C:~u:.I,¡,;' .~'!( . ~~t~,'~;oJl¡ \~l~j"',1 1,,,:;¡?!!:,)'(nb ~:r,):;<n (Jttt::/\~M~"\i:'~ln:":J~~'l( ¡f1~'¡Ü~h Ü:,,::J.I ih. -Ô '¡.-i!fi.'ì..;····..1r~J I;<,,','~ ~~~~~jHf"l· l,:,~~h [~~::-:_~J-.... ~.~__ .."1: 127] Q' · Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 · · · Primed on Rc.cycJi!d Paper 27 ® WA8TE ftIIANADIiM5NT 4.4 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. Waste Management of Alameda County, Inc. warrants that no gratuities have been or will be offered or given by the 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 service described herein in order to secure a favorable treatment regarding the evaluation, grading, and Agreement award process. Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 · · · Pr¡';wd 011 Re('yded PI/pel' 29 4.5 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 Agreementfor the most recent three (3) fiscal years. If the entity that will sign the Agreement does not have three (3) years of auditedfinancial statements, the proposer must provide sufficientfinancial data to substantiate, to the satisfaction of the City, the proposers' financial capability and the viability the entity to provide the services requested. If necessary, this matter will be discussedfurther at the pre~proposal meeting. Waste Management's 2003 Annual Report is attached along with its most recent 10-K report. The 2003 Annual Report included financial information for the previous three years. Also attached is a letter from Waste Management's chief financial officer verifying that there has been no material adverse change in the condition or operations of the company since the date on which the balance sheet and income statements were prepared. 4.7 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 thefinancial circumstances of the proposing entity (or its parent company) since the date of the last audited. Attached. 5 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. Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 · · · @ Robert G. Simpson Senior Vi"~ P"e$idem &' Chic{ Financial Officer .. WASTE MANAOEM",,", WASTE MANAGEMENT 1001 Fannin, Suite 4000 Houston, TX 77002 (713) 394e2241 (713) 512..6323 Fax August 10,2004 City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Subject: Financial Status This letter will confirm that Waste Management and its subsidiaries have available substantial financial resources and capacity to perform any and all of their obligations under the proposed Yard Waste collection contract. Waste has established $2.4 billion in long-term lines of credit from a syndicate of banks led by Bank of America, JPMorgan Chase, Citicorp and Deutsche Bank. At December 31, 2003, $770 million of these lines were unused and available to the Company and its subsidiaries for working capital, capital expenditures or letters of credit to meet its obligations under long-term contracts. . In addition, Waste has ready accåss to the capital markets as demonstrated by its successful issuance of $900 million in long term, senior, unsecured notes in May and November of 2002 and $350 million of such notes in March 2004. Waste continues to maintain investment grade ratings of BBB from Standard & Poor's and Fitch and Baa3 from Moody's. The Company's shares are traded on the New York Stock Exchange and have a total market capitalization in excess of $16 billion. The Company has generated, on average, over $1 billion of Adjusted Free Cash Flow in each of the past three fiscal years. There has been no material adverse change in the financial condition of Waste Management, Inc. or any of its subsidiaries since December 31, 2003, the date of the most recent financial statement. Should you require additional information in support of Waste's ability to perform its contractual obligations, please contact me at (713) 394~2241. ~y f.urJí(-~ ---.....,~-..............""--.............. W"'.1'H MANAGHMIiiNT · Pri,11etl on R(!(.yd~d P(lper 33 ',ii: 6.0Technical 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: 6.1 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 Initiàl 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. 6.2 Public Education Plan. Collection Service proposers shall provide 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 Public school recycling education programs that will be implemented to educate students on waste reduction, reuse, and The use of subcontractors or existing programs such as the "Go Green" program for school environmental education; 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 Stop Waste 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; · · · · · · · · · Proposal to the City of Dublin for Collection and Disposal Services Llvermor. Dublin Disposal September 15, 2004 --------------... flrh,f(,>(/ol1 Re.c.T(:It!d Paper 34 ® WASTE MANAØI!:RI1I!"fr · · 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 6.3 Customer Service Plan. Collection Service proposers shall provide a detailed customer service planthat 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 6.4 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; · 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 materiàl that the Contractor feels is required to ensure a smooth transition and superior program performance 6.5 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 ofmateriàl (Garbage, Recyclable Materials or Organic Waste) per stop, and the scheduled maintenance and cleaning of the vehicles. Proposers shall provide picturesland 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. · · Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 J "'''.n MANAOEMENT J Primed 011 R4.."9'c/ef/ Papa 35 · · 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 ofthe date of the inventory. Delivery guarantees by manufacturers shall be included in the Proposal for all new equipment to be provided to the City. 6.6 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, owner/operator, permit status, and permitted capacity). 6,7 Processing Plans. Proposer must provide their approach to providing environmentally sound,long term processing capacity for Recyclables 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 non provided 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 Recycling and Organic materials collected under the Collection Service agreement over the life of the Collection Service Agreement; · 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 the outside of the local jurisdiction, describe the process to have the import restriction waived, 6.8 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: · Document that the landfill design operations comply with all applicable federal, state and local regulations, including, but not limited to, RCRA Subtitle D requirements. · Proposel to the City of Dublin for Collection end Disposal Services Livermore Dublin Disposal September 15, 2004 ~. Prin(l,d on R(~('.rcll!" Pap(!f' 36 · · Provide 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: · 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. If there is an import restriction on accepting solid waste from outside of the local jurisdiction, describe the process to have the import restriction waived. · 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 ofOisposal 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. · · Proposal to the City of Dublin for Collection and Disposal Service. Livermore Dublin Disposal September 15, 2004 --.------ -.---.j Prìnwtl (111 Recycled Hzper 37 · 6.1 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. · · Transition Plan Since LDD is the current service provider in Dublin, our transition efforts are able to be focused on fine-tuning our operations and developing and implementing effective public education and promotions programs. The following transition activities will be implemented before the new program begins. · Mailing. Upon award of a contract, LDD will begin to work with the City to develop communication pieces for the city's residential and commercial customers. A month before the new program is set to begin these informational pieces will be mailed to each City customer. Brochures will provide clear information on how to participate in all available programs including: Solid Waste Collection, Recycling Collection and Organics Collection. Our comprehensive outreach efforts about this new program will play an important role in increasing participation and diversion. In addition to the initial start-up materials, information will be given to each customer on the proper handling and disposal of hazardous waste, including Electronic Waste. · Commercial and Multi-family site Visits. Upon award of a contract, Livermore Dublin Disposal's Public Education will phone building or facility managers to arrange for a site visit to assess the needs and set up of any new services for the business and to discuss how they will benefit from the service. · Community Workshops, Before the implementation of a new contract in Dublin, Livermore Dublin Disposal's Public Education Manager and Recycling Coordinator will hold community workshops to educate residents about the new services offered as part of the City's new contract. They will educate residents about the Residential Food Scrap program, oil filter recycling, and new bulky clean-ups. In addition, these community workshops will include a review of existing programs, recycling materials preparation, and waste reduction and recycling tips. As part of these workshops, LDD's recycling staff have available samples of carts, kitchen containers for Foodwaste, recyclable materials, finished recycled products and finished compost. Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 Prime(lon Hf':cycletl Paper 38 -~ WAa,.. MANAG.MIINT · · Advertising. Newspaper ads will be :ñ:tîi iri löcal Tri- ValleyrteWspãpers, announcil1g new seryices and e~<µlce:m~l1ts to çoll~ctiol1 prQgram, , , WastéA:li<Iits. LDDlo()ks[orWardfó'enhãncihg itSCQmtnerciäl recYcling' óutreachto thebtlsi~esses öfDi1blin.", BYcle~eIQpihge:duêaiiól1alcatnpaigns we 'expedt9seeini~c~ea~e in,cliyersion', an~çomm7rcialcustQ111erPaJiicipation. C~paigns.will targ~fcertainrecyclable,matefìal~orpröblern ,areas, where diversion oppo~unitìescal1,bernaxitnized. The target areas will be based on local trends and recyclingpattems identifiedincorijunètion with City staff. Training. Two months before the new program's start-date. LDD)Yill train additional, customer ~ervice representatives forpreparatiQn, Qfanincreased call- volume upon iinpl~mentationofthe Çit~'snewservices. ,In addition, all drivers (residential al1dcomrnetcial driver~) Wil\ be trained, on all ,aspects Qfthe City's new services. This training will include a review of the: COl1tract's requirements and existing recycling programs and services. · · Transition Schedule aDd Plan. LDD will also provide the City with a Final Transition Plan subsequent tathe award ofthe Collection Service Agreement. A transition schedule is included at the back of this section. · · Proposal to the City of Dublin for eollectlonandDlliPosal Service. Llvermor8ØuþllllDISposal September 15, 2004 " t . I J i = I II I ~ I ¡ =D' ~ J ¡; I II I i i I> I I ~ I i i I! I J i ~ î I i Ê I ! ~ 11 '!! J ~ ~ u Ë ~ ~ $ S í ~ ~ 1 ~ ~ 1:,i;"cll2 ~ is 13 .. ." & 2! "i ~ :!1 £ I)~¡·r - - ... lIS 'C C C ¡¡¡ C,) c o . C ã.. .E c .2 - .¡¡¡ c E I- .1 E -I-- - -f--- f--- - -- 1 >---- - -,'. I-- -IW - -f--- f--- -f--- i---- -- >-- -- - ->---- >---- _f--- >---- -- >---- -- - -I-- >-- -- f---.- -- - - -= f ' - f---.- ~ ~ , .~ ! ~. Ê .¡¡ -" ð. ..- ~~ i~ ~~1! ~~ mi .1 ~8'E", æ '" ~ ~ ~ " ... ~ ~ I i~"" ~,~.§ ~ ~ ,~ . 'u i = ~ ~ ~! II .¡¡~ ,B 'l ~ 13 & Õ ~ $ ~E ~ I "! s ~ ,& mìJ.Li'i8~~81¡¡·~ $I ~ i~ ~gî!~1ii ~~ Ii! tii~~iji l~i ~ ~ ~I § t...¡~.å;§~¡~~s -gj 11111 h I ~ I It '"" f! t t,l..;..ll...~¡.;.....i.. ~ ! I'~;'I j ~ <! S S <! S ~ ,~j j:t ~ t . i 3~ 1-lJ,t~:!:)Ll ;''''.' n:':!ìii! !¡IEi;,; !3ž:::r · · · Printed 011 Rt!l: idetf Papf."r 39 6.2 Public Education Plan. Collection Service proposers shall provide 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 · 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; · 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 Stop Waste Partnership program to the extent applicable. (The ACWMA contact is RoryBakke); · Schedule and1juantity 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 andfood scraps collection programs; and · P"posed annual budgetfor public education and outreach. Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 p,'inlëil oft R~()'ded Pi~per 40 · · · Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 · · · Prin((~tI OIl Re(I'clt.'d Pa"e" 41 . 6.2 Public Education Plan Livermore Dublin Disposal believes that education is critical to successfully increasing recycling now and in the future. Weare continually enhancing our programs and teaching methods to provide current and up to date information to our customers. Being integrally involved in the community clearly makes our work more meaningful. As a community partner, we have developed and carried out extensive education programs at no additional cost to our customers. We see the development of a new level of community awareness regarding the importance of recycling and diversion as an integral part of the success of our job. We work to train local teachers to· teach children about protecting the environment and our natural resources. The developed curriculum aimed at young school children and residential consumers, as well as small and large businesses. Sample education materials and curricula are found in the back of this section. Waste Management has a corporate culture committed to fashioning our services to the communities we serve. LDD has a long track record of cooperation and involvement very common for the employees of LDD, who see this as an opportunity to educate the community. LDD will work closely with the City to participate in City-events. As we have in the past, we will continue to host information booths at community events and local fairs, will participate in parades and other community events as appropriate. Many of our employees live in the area and are dedicated to local environmental and social issues. Collectively, they represent decades of experience in the field of waste disposal and diversion. We view our service as a vital public health function and an important expression of the community's well being. Our Public Outreach and Education efforts will go well beyond the requirements listed in the new Collection Services Contract. Our approach is designed to "jump-start" diversion through the kick off of the new programs and to diligently pursue ongoing awareness activities. a. 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: . Brochures. Livermore Dublin Disposal understands the need for easy-to- understand, clearly written educational material. We look forward to working closely with the City on the design and implementation of these outreach efforts. LDD knows that effective public education and promotion is a crucial component to increasing resident and business participation in the new services. Livermore Dublin Disposal's Public Education staff is skilled in the preparation of multi-lingual outreach materials and has experience doing so in other Proposal to the City of Dublin for Collection and Dlspos.1 Services Livermore Dublin Dlspos.1 September 15, 2004 ----------- ------- Ilrt/lled 011 Heq'C'h'cf P"pe.l" 42 VVIV\® wAsn MANAG..MIiNT · jurisdictions, The contractor works closely with the local graphic artist to develop multi-lingual pieces and is able to verify accuracy of such content. Through past experience, we have also leamedof the need for easy-to-understand, clear written educational material. It has used picture-based brochures and has published in two languages for several years. We look forward to working closely with the City on the design and implementation of these outreach efforts . Signage. Clear and easy to understand signage will be placed on containers and enclosures. This will help employees and custodial staff to remember what and how to recycle their company's material. . Community Workshops. As described in the Transition Plan, Livermore Dublin Disposal's Public Education Manager and Recycling Coordinator will hold community workshops to educate residents about the new services offered as part ofthe City's new contract. They will educate residents about the Residential Food Scrap program, oil filter recycling, and new bulky clean-ups. In addition, these community workshops will include a review of existing programs, recycling materià1s preparation, and waste reduction and recycling tips. As part of these workshops, LDD's recycling staff have available samples of carts, kitchen containers for foodwaste, recyclable materials, finished recycled products and finished compost. · b. School Education Program. Public school recycling education programs that will be implemented to educate students on waste reduction, reuse, and recycling. Recognizing that involvement is a critical component in any successful diversion program, LDD sees children as assets in achieving our diversion goals. They are interested in saving the earth and more importantly, they teach their parents how to save it too. We know teacher involvement is a critical component to the success of this program. To that end, LDD will make available curriculum that will help teachers incorporate solid waste topics into their lesson plans. Slide shows will be available for upper Elementary, Junior High, High School and adult classes. The slide show includes a brief history of garbage and the industry, why we recycle and what to recycle, the recycle process and closing the loop, household hazardous waste collection, the Yard trimmings program and compo sting. o The presentations will include our "Cycler" robot who sings to the children about recycling and makes the presentation fun and engaging. Whenever possible, the presentations include a visit from on of our drivers to show the children how the truck works and discuss the importance of safety. Other school activities that LDD will offer include: o Waste Management will provide recycling posters for students, brochures for faculty, and recycling stickers for interior recycling containers. All · Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 · Prit,tf.d fJiJ Re£:IIl'ied Ptfper 43 · printed educational materials will be mutually agreed to by the school district, the city and LDD prior to distribution. Educational materials will be distributed at least two weeks prior to the first day of class. o LDD's Public Education Manager will be available to make school presentations about the 4 R's (Reduce, Reuse, Recycle and Rot) and general awareness and education on environmental responsibility. Presentation program content will be developed in consultation with City recycling staff, o Central Cafeteria Foodwaste Program Implementation. LDD's Public Education Coordinator will offer to help in the implementation of a food waste recycling program at the central cafeteria prior to the 2005-2006 school year. WM will work with the full-time staff of the food service vendor that manages the central cafeteria to implement the food waste recycling program. LDD's Public Education Coordinator will also be responsible for the proper education to cafeteria staff through presentations and literature. o WM will provide recycling containers and collection at special events at no additionà1 charge to the school district for five special events per school year. The School District must notify WM no later than two weeks prior to any event on the type of event and the number of garbage and recycling containers needed and the location of the event. LDD will work with the school district's Operations Supervisor and the City Recycling Specialist to maximize recycling at special events. o School programs will feature our "Cycler" robot to interest and excite children about recycling activities. o LDD's Public Education Coordinator will work with school district staff to maximize diversion from schools and reduce contamination of recyclables. c. The use 0/ subcontractors or existing programs such as the "Go Green" program/or school environmental education. Livermore Dublin Disposal's Public Education will continue to work with existing programs such as the "Go Green" program and will work to enhance programs to incorporate new information and services. · d. Experience preparing multi-lingual public education materials. Livermore Dublin Disposal's Public Education staff is skilled in the preparation of multi-lingual outreach materials and has experience doing so in other jurisdictions. The contractor works closely with the local graphic artist to develop multi-lingual pieces and is able to verify accuracy of such content. Through past experience, we have also learned of the need for easy-to-understand, clear written educational material. It has used picture-based brochures and has Proposal to the City of Dublin for Collection and DIsposal Services Livermore Dublin Disposal September 15, 2004 ----------- VVM~; wA....E MANAO&1VU.fII't J'rimed ,m Jl(!{:J'ded PiI/,e1' 44 · published in two languages for several years, We look forward to working closely with the City on the design and implementation of these outreach efforts. e. Participation at City events, such as booths, displays, sponsorship, parade, floats, etc. This is certainly an area where LDD has excelled in the past and looks forward to continuing in the future. LDD considers it a privilege to serve the City of Dublin. One way we honor this is to be an active part of the community. Not only is Livermore Dublin Disposal an active sponsor of both cash and in-kind services, but our employees tàke an active role and are involved in these community events. We financiàlly contribute to many events and activities, sponsoring community- wide events or donating to an elementary school fundraiser. Many non-profits have turned to LDD throughout the years to request assistance with their needs for either financial support or in-kind services. An in-'house employee committee reviews and makes decisions on these requests. A partial list follows of some of the many organizations in Union City that have received a donation, an in-kind contribution of services or employee participation last year from LDD. Community Contributions · Dublin Sf. Patrick's Day Parade Dublin St. Pat's Shamrock Run DPIE Dublin Pride Week Creek Cleanup Clean Your Files Day 2003 Citv of Dublin 4th ofJulv Eyent PUÞ..!!.!lJ.8!y-on the Qlen Everl! · · · · · · · Dou¡rhertv Elementary Schoo,! Fundraiser · YMCA of the East Bay · Christmas in April · Dublin Chanlber.J~,~.ADl1..!-!£Ü Golf Tournament · Dublin Rotary Murray Bell Tower .rri-Valley Youth Services · Alameda Countv Livestock Auction · Tri- V alk,y Busin~§s CO~!!l.çjJ · Children to Children Christmas Party · Tri-Cities KidaD.ß.Q ChÖstmas Heati Program Proposal to the City of Dublin for Collection and Disposal Services · Wells Scl1901 Annual CrabYe~_(1 · Easter Seals Tri~ V allev Event · Dublin ClHlmberStaff AppreciJlt¡OI~ · Citv of Dublin Librarv Event · Relav for Life Cancer Wal~ Dublil1. · DPIE FireworksBooth Fpnclm.L,>er · Dublin Hidl HQWecoming · Tri-Valley YMCA Matiin ~..-'J!,!herJºng Day · Dublin Chamber 'l'urkev Classic · · Tri-Valley Business Council · f)ublin Chamber Business Fair · Dublin Chamber Secretary's Day · East Bay Radio Controllers · Dublin HS Band Fundraiser · Holiday Can Food Drives · Bov Scout Christmas Tree Lot · Dublin High Grad Night · Livermore Dublin Disposal September 15, 2004 · · · Pr;nted on R(!(I'dfld Papl~r 4$ f. Commercial recycling outreach and waste audits to identify additional commercial recyclable materials and organic materials diversion opportunities. These activities should he coordinated with the ACWMA Stop Waste Partnership program to the extent applicable. The following outreach programs will be coordinated with the ACWMA Stopwaste Partnership program. · Presentations to service organizations Waste Management's Education Manager has with an excellent slide show, display boards and information, bringing the recycling programs to the community: The slide show includes a brief history of garbage and the industry, why we recycle and what to recycle, the recycle process and closing the loop, household hazardous waste collection, the Yard trimmings program and composting. Our Education Coordinator will visit school science fairs, company recycling events and other community invitations as invited and will create new venues to deliver the message and engage the community in a discussion about recycling and protecting our natural resources. · Local Organization. LDD will send a designated representative to visit homeowners associations, Rotary organizations, Dublin Chamber of Commerce, and other groups requested by the City of Dublin to perform presentations promoting and explaining the current program. · Waste Audits. LDD will provide an employee or contractor to conduct business source reduction audits for Dublin businesses. A minimum of 100 of the largest generators in Livermore shall be audited each year to assist in the development of source reduction, reuse, and recycling. An average of 16 hours per audit shall be provided for each business. WM shall work cooperatively with the Alameda County Waste Management Authority (ACWMA) and provide businesses with the County Recycling Resource Guide. This guide is updated annually and is a resource for purchasing recycled products; re-use donation locations, and other recycling resources. g. Schedule and quantity of information that will be distributed (ie newsletters and brochures. · Brochures. Brochures will be delivered to residents prior to startup, The followingt years ofthe contract, brochures will mailed directly to residents annually. Quantity = 8,600 each flyer for single family, 3,834 Multi-Family residential units, and 636 commercial customers Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 P,'il1lt~/f )tI H!?c..I'ded Paper 46 · . Newsletters. LDD will develop quarterly newsletters for Residential service customers. These newsletters will provide LDD the opportunity to educate residents about upcoming events and about such topics as Electronic Waste Collection, environmental conservation, Holiday Tree recycling, bulky-item collection, and the new Food Scrap program. Quantity = 8,600 each flyer for single family, 3,834 Multi-Family residential units, and 636 commercial customers . Ongoing Education Pieces. Livermore Dublin Disposal will design, produce, and distribute an annual services brochure to all Dublin residents. The brochure shall include services offered, contact information, and a list of acceptable items in the recycling and food scrap programs. In addition to the annual brochure, quarterly newsletters will be designed, produced, and distributed to all Dublin residents. These newsletters will be designed to promote and explain the services offered. Quantity = 8,600 each flyer for single family, 3,834 Multi-Family residential units, and 636 commercial customers h. 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 organics materials program. LDD will employ the equivalent of one full time employ to work on public education and commercial recycling waste audits. This person will work with local school on education programs. · l. Public education and outreach staff or subcontractors qualifications, resumes, years of experience and references. Please refer to Section 4.1 Qualifications. j. Samples of similar educational materials, which may have been used in other programs, particularly those related to recyclables materials collection and food scraps collection program. Attached. k. Proposed annual budgetfor public education and outreach. $50,000. · Proposal to the City of Dublin for Collection and Disposal Service. Livermore Dublin Disposal September 15, 2004 . . . ------ ----- Primed (m RC(J'detf Paper 47 WAB1'Ii MANAUIïMENT The continued success of the program depends on regular contact with the customer to address additional concerns, space or contamination problems, education for new employees, and ongoing education to expand participation and increase diversion. LDD has a track record of excellent develop and execution of public education efforts - a service that the City can rely on in the future. Propos.1 to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 Print{.'d uN Relych!il P''I'(ir 48 . . . Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 · · · -------....................... -- -- Printed f',1 Reqdt.'d Paper 49 WASTE MANAOIiMENT 6,3. 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. Livermore Dublin Disposal is committed to service. Quite simply, service is our job. Our team of administrators, customer service representatives, dispatchers, drivers and mechanics are all dedicated to providing our customers with world-class service. We are proud of our successful history in Dublin and a superior service provides. Waste Management has developed a comprehensive approach to customer service that includes both our customer service representatives (CSR's) and our drivers. Customer Service on the Phone. Waste Management Livermore-based CSR's are prepared to answer an array of questions about starting, discontinuing or changing service, billing, and other issues related to the company's residentià1, commercial, roll- off, recycling and Yard trimmings services, They serve as resources for community residents and are trained to answer all types of calls regarding waste diversion, hazardous waste disposal, landfill locations, hours of operation, and backyard composting. Comprehensive CSR training program includes riding along with the collection driver in order to gain first-hand knowledge of issues that come up on routes. Our service representatives spend six to eight weeks in training to better be able to respond to our customers needs. LDD is continually adding to its comprehensive list of printed training guides, as well as online training on various subject matters. In 2001, Waste Management launched "Service Machine", an initiative designed to standardize à11 areas of our service and provide a method of scoring and tracking the success of the district. Our commitment to the service machine process is evident in the overall success of new account set up, recovery procedure and call handling scores. LDD is a "gold certified district", the highest level of achievement you can have. Livermore Dublin disposal is committed to providing the citizens of Dublin with options to contact us for information. Customers may contact us by either by phone or on the internet. Our office is open Monday through Friday from 7:00AM to 6:00PM, with an after hours voice mail option. We also offer an after-hours phone line that has a CSR who is responsible for retrieving messages when they arrive at the office. This ensures a response to the customer within 24 hours, Proposal to the City of Dublin for Colløetlon and Disposal Services Livermore Dublin Disposal September 15, 2004 ~ p,.;m~d OIt llt?(")'dJ..'d Pttp{l1' 50 Our email address is an increasing popular alternative for customer to learn about our services and màke inquiries - and to pay invoices. Waste Management e-mail address is www.wm.com. and includes EZ-Pay information. · Our bi-lingual assistance number is available for our customers. We constantly improve our services, documenting all customer concerns and routing information to the Route Managers for immediate response through our computer system. These notes remain in the customer's computer record for future reference and quality control assurance. CSR's are equipped with Nextel phones with a radio feature facilitating direct contact with the Route Managers, Dispatchers and Drivers. This enables us to provide immediate response to urgent customer requests. Our comprehensive Customer Service Skills Training Program is an instrumental tool for improving our service performance and teaching our representatives effective ways to interact with customers, New courses are developed to continually respond to changing service environments. Waste Management is proud of its efforts to take customer service to a new level in our industry for years to come. Customer Service on the Route. All ofLDD's drivers receive ongoing training regarding not only safe driving but also receive regular training in the fine points of customer service, Drivers are observed monthly and evaluated on their safety performance, driving habits and customer service techniques while on their routes. Examples of some of the requirements expected of our drivers include: · Pick up all litter around garbage cans (àll trucks are equipped with brooms and dust pans); Tag improperly prepared materials or containers; Try to find ways to service all customers. If safety is a concern, notify a supervisor; Noise complaints are attended to immediately by supervisors. If necessary, LDD will re- route to reduce noise at certain times of the day. · · · In a 2004 survey of our customers, over 97% percent rated the quality of our service as either good or excellent. From our drivers to our customer service representatives, responsive customer service is a priority among everyone of our employees. Waste Management's goal it to achieve 100% satisfaction. Award Winning Safety Program: Mission to Zero (M2Z) With the safety of our customers and drivers as our first concern, Waste Management implemented a comprehensive new safety mode called Mission To Zero (M2Z). Just like the title, M2Z reflects the company's goal of zero tolerance for any accidents or lllJunes. · Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 . . . Livermore Dublin Disposal Page 1 of 1 W:::.) .il:;.r>:,., ,\'t':,¡~ ~h~;:" ,\:"¡\: i,v;f;::>H;'\ 2:¡\:!:/ ,.'t::>:,«", VlA&TE ~NAØ~I!NT L_ a Home o Contact Us a Services o Community a Related Llnk8 a Request Info. o Pay Your Bill Livermore Dublin Disposal Informational Link8 Educator Resources Take a look at the links below for some Interesting tools to help children understand the Importance of recycling, waste management, and environmental stewardship! Visit the EPA's Office of Solid Waste, for Teacher Resources and Tools! http://www.epa.gov/epaoswer/osw/teacher.htm Visit the EPA's Office of Solid Waste, for the Kids' Page, Including games, comics, and activities! http://www.epa.gov/epaoswer/osw/klds/lndex.htm Solve the Case of the Broken Loopl!! (PDF file) http://www .epa. gov I epaoswerl osw /klds/ pdfs/4-6. pdf Help N.Trubble and the Environauts accomplish their Mission to Earth! http://www.epa.gov/epaoswer/osw/kids/space/index.htm Join the Planet Protectors Club and help stop the Garbage Gremlin! http://www.epa.gov/epaoswer/non-hw/recycle/gremlln/gremlln.htm l ©2003 Waste Management, Inc. http://www.wm.com/Templates/F AC4409/ en v _resources. asp 9/13/2004 WM ezPay Welcome ,."",:,.~ WAaU MANAGEMENT o About WM o WM Serllices o Enllironmental o Prellll Room o Inllestor Relations o Community o GOllemance o Ethicsll< Dlllersity o Procurement o Careers WMI IDDID NYSE illig III From cveryday collcction to environmcI1tal pwtection, Think Grcell. Think Waste MilI1agemellt. - Welcome to WM eZPilY! . Make a payment on your WM account. As the leader in the waste services industry, Waste Management is constantly striving to provide solutions that make things easier for your world. And now, we're making bill payment easier than ever for U.S. customers with WM ezPay, our new on-line payment service. NOTE: Service may not yet be available in some areas. With WM ezPay, your bill can be paid quickly and securely through Waste Management's private website, provided the amount of a single invoice does not exceed $10,000. What's even better IS that you can make these transactions safely by using anyone of the following methods: checking account, savings account, Visa, MasterCard or American Express. All you need to get started is a copy of your Waste Management invoice. So from now on, handle your WM bill paying the easy way using WM ezPay. Click here for Frequently Asked Questions L ©2004 Waste Management, Inc. http://www.wm.com/wmJ ezpay/welcome.asp Page 1 of 1 i 9/13/2004 . . . . . . Livermore Dublin Disposal Page I of2 ~ Home Livermore Dublin Disposal o Contact Us o Services o Community o Related Links o Request Info. o paV Your Bill Contact Us Street Address Office: 6175 Southfront Road Livermore, CA 94551 Map It! USA Phone: (925) 447-1300 Fax: (925) 447~7144 Mailing Address Office: 6175 Southfront Road Livermore, CA 94551 USA Billing Addr... Office: 6175 Southfront Road Livermore, CA 94551 USA Billing Hours: 8:00am to 5:00pm Mon-frl Closed New Years Day, Memorial Day,fourth of July, Labor Day, Thanksgiving Day and Christmas Day Pearlle Simpson Billing Supervisor Office: (510) 613-8719 Fax: (510) 562-2854 pslmpson@wm.com .~,~ Collection Hours: 8:00am to 5:00pm Mon-Fri Closed New Years Day, Labor Day, Thanksgiving Day and Christmas Day Lori Losee Collections Manager Office: (510) 430-8509 Fax: (800) 517-4495 dchand@wm.com Customer Service Hours: 8:00am to 5:00pm Mon-Frl Closed New Years Day, Labor Day, Thanksglvln9 Day and Christmas Day Terry Mendes Cust Serv Manager Office: (925) 447-1324 Fax: (925) 447-7144 tmendes@wm.com Dispatch Contact our Customer Service Department at 92S-447-1300 for dispatch information Hours: 8:00am to 5:00pm Mon-Fri Closed New Years Day, Labor Day, Thanksgiving Day and Christmas Day Terry Mendes Cust Serv Manager Office: (925) 447-1324 Fax: (925) 447-7144 tmendes@wm.com Education Hours: Q.",,~..... f'... r:.nn............ M"'...._I;:..I http://www.wm.com/Templates/F AC44091 contacts.asp 9/13/2004 Livennore Dublin Disposal Page 2 of2 iU.UUQIII \.V ~.VV"'II' '"IVII-llt Closed New Ye~rs D~y, L~bor D~y, Th~nksglvlng D~y ~nd Chrlstm~s D~y Aimee Burastero Public Education Mgr Office; (925) 447~1324 F~x: (925) 447-7144 . environmental Hours: 8:00~m to 5:00pm Mon~Frl Closed New Years Day, L~bor D~y, Thanksgiving Day and Chrlstm~s Day Humen Resources Hours; 8: OOam to 5: OOpm Mon~Frl Closed New Years Day, L~bor D~y, Thanksgiving Day and Chrlstm~s Day Sharon M Miller-Singh Office Manager Office: (925) 371-4027 Fax: (925) 447-0186 sslngh@wm.com Safety Hours: 8:00am to 5:00pm Mon-Frl Closed NeW Years Day, Labor D~y, Thanksgiving Day and Chrlstm~s D~y Todd Nlenhouse Open.tions Manager Office: (925) 371-4037 Fax: (925) 447-0186 tnlenhou@wm.com Sales Hours: 8:00~m to 5:00pm Mon~Frl Closed New Years Day, Labor D~y, Thanksgiving D~y ~nd Chrlstm~s D~y . Terry Mendes Cust Serv M¡lnager Office: (925) 447-1324 F~x: (925) 447-7144 tmendes@wm.com .....'. Service Hours: 8:00~m to 5:00pm Mon-Frl Closed New Ye~rs Day, Labor D~y, Th~nksglvlng D~y ~nd Chrlstm~s D~y Terry Mendes Cust Serv Manager Office: (925) 447-1324 Fax: (925) 447-7144 tmendes@wm.com l ©2003 W~ste Management, Inc. . http://www.wm.com/Templates/F AC4409/contacts.asp 9/13/2004 · · · Livermore Dublin Disposal " ... '" 0 Contact Us 0 Services 0 Community 0 Related Links 0 Request Info. 0 Pay Your Bill Services Rates &. Fees Page 1 of2 D WM.com Livermore Dublin Disposal Services Residential Services Waste Management provides residential solid waste collection services for municipalities, regional authorities, sin·gle-famlly homes, individual subscription serviCes and homeowner assodations across North America. We are able to maximize productivity through efficient routing and dedicated employees who provide excellent customers service. ~ Bulky Waste call our customer service department for more Information ~ Curbside PIckup carts provided In 20, 32, 64, Or 96 gallons ~ Curbside Recycling single stream recycling - paper, plastic. tin, aluminum, glass, corrigated cardboard all combined In one 64 gallon cart. Curbside 011 recyclln is also available, call customer service for containers ~ Dumpster In Uvermore and Dublin 4 yard Handy Hauler available. In Livermore, Dublin, and San Ramon 6, 20, 30, and 40 yard rolloff containers available ~ Yard Waste weeKly service Commercial Services Waste Management's commercial waste services offer solutions for businesses. Whether you operate a family business with a few employees or an industry with a large workforce, we offer low'cost, high-quality waste management services to every customer, regardless of size. Let us aSSist you with arranging the most convenient and cost-effective system to meet your needs. ~ Compactors ~ Frontload Containers ~ Recyding ~ Side loader Containers Industrial Services Waste Management's Industrial Services Group designs specialized waste collection, transportation and disposal services such as recycling, hazardous and special waste disposal and fuels blending operations to customers in a wide range of industries. We provide dally on-site management of these services, with a Waste Management representative. Contact us about developing a safe and environmentally sound plan for your business. ~ Recycling ~ Rolloff Containers ~ Temporary Rolloff Other Services Construction and Demolition Recycling Disposal Services With the largest network of landfills in North America, Waste Management utilizes state-of-the-art technological and operational procedures that ensure proper waste disposal and a safe environment. Waste Management also designs and constructs landfills. Each site is maintained carefully to meet or exceed federal, state, local, and provincial regulations. http://www.wm.com/Templates/F AC4409/services.asp 9/13/2004 Livermore Dublin Disposal ~ Brush & Yard Waste Disposal ~ Construction & Demolition Debris Disposal ~ Municipal Solid Waste Disposal Recycling Services Waste Management is North America's largest collector of recyclable materials. We offer customized collection programs to residential, commercial and Industrial customers, including single stream collection and processing and mixed waste recovery. We will work with you to develop environmentally sound and cost-effective recycling solutions suitable for your business or your community. ~ Confidential Document Destruction ~ Glass Recycling '" Metals Recycling ~ Organics ~ Paper Recycling ~ Plastics Recycling ~ Recycled Material Collection ~ Wood and Pallet Recycling Worry-Free Needle Disposal Waste Management and Sharps offer a variety of sizes of mall back sharps containers that provide the home user and the professional a total system for the safe disposal of sharps waste. Each system includes a sharps container, postage-prepaid return box, tracking form and destruction at a certified medical waste resource recovery facility. ~ Worry-Free Needle Disposal Click on the above link for further Information on how the system benefits you. For additional Information Or assistance, please contact Sharps Compliance, Inc. at: 1-877- WASTEMD (877-927-8363). Page 2 of2 · · ©2003 Waste Management, Inc. http://www.wm.comlT emplates/F AC4409/services.asp · 9/13/2004 · · · Livermore Dublin Disposal W(.¡:':¡:\:':':);'::,',;;','> /0';;>"; ',... wA_n MANAGEMENT ~"_ _11II!fJi !iM1lIIIð Home 0 Contact Us 0 Services 0 Community 0 Related Links 0 Request Info. 0 Pay Your Bill Page 1 of2 D WM.cøm From everyday collection to environmental protection, Think Green_" Think Waste Management. Livermore Dublin Disposal Request Information Inquire about our Services Please complete the Information below to learn mare about how Waste Management Can help you meet your waste removál needs. Contact Information First Name·: I Title: I Company; I Street Address·: I City·: Zip/Postal Code': Phone·: E-Mail·; Last Name·; Department: State/Provi nee': AK":î[ I Country'; . r For my Business or r For my Home Waste Removal Services -r Waste removal r Construction/Clean-up containers Disposal Services r Solid Waste Disposal Services r Special Waste Disposal Services r Solidification Services r Hazardous Waste Disposal Services r Transfer Station Services r Waste to Energy facilities Recycling Services r Recycling for my business r r Recycling for my home Recycling Processing Center Other Service" r Waste Transportation by rail r r General services Information In-Plant Services Comments ~ ..I http://www.wm.com/Templates/F AC4409/inquire.asp 9/13/2004 Livermore Dublin Disposal l ©2003 W~5te M~n~gement, Inc. Page 2 of2 Submit Service InqUiry http://www.wm.com/TemplatesfF AC4409/inquire.asp 9/13/2004 · · · . . . Welcome to Waste Management W:I')!'i\;.:"L W.A5n IHIANAGEMENT o About WM o WM Services o Environmental o Press Room o Investor Relations o Community o Governance o ethics 8c Diversity o Procurement o Careers .......~~~~~~......,~'.'"'"\' I .....T eocher$ 4 . l~..§.tud~nt$ WM NÐWB ,"\ '~J , . ~ . About WM Overview Leadership Locations WM & Nascar {",^m·'''~;b~:';':·õ;;~:~~ , (,êt!!~~.=~:,) ...~.....~ Hunica.nE: l1'i1( n\'\ii.tion. l& hÖ'1l il.V4l:il.bie ~.!\ 0'01.:' 'CUJiton'l.er Con,¡@r *,*"'~"i\ ..y WMI Names Richard Felago SVP Business Development and Corporate Strate." WMI Names Duane Woods Senior Vice President of Western Operating Group". WMI Names Mary Kay Runyan Vice President of Fleet and Logistics and AI." WM f'iruu\ciats WMI Announces Cash Dividend (WMI 4-21) WMI Announces Conference Presentation Schedul... WMI Announces Second Quarter 2004 Earnings (W... 2003 Annual Report 2004 Proxy Statement o Wé\'"'' T~I ~1. .,:~~\ Wheelabrator Technologies ©2004 Waste Management, Inc. http://www.wm.com/ ~~y Recycle America Alliance 1.....1 Waste Management T of Canada ~~~ This site is best viewed on a Windows platForm with IE 5.0 or higher. PrÎvacy Statement I Legal Notice Page 1 of 1 . ~ .' i' . H . Customer Cornel' ., o W1VJ o:ZPay Pav Your .BilLQnLine . SerVice Inquiries Reauest New Service . In!onnaûon tTÞdatc$ ~ HurrÎcane Information. o Locate Your Provider ZIP eode State 194568 leA @:¡ ~ laside WM j.:, On a wing and a prayer (Read More)... WM NASCAR (Read more)... iI 9/13/2004 · Pi-iutec1 ¡)It Reqdetl Paper 51 · 6.4 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 responselreplacementlrepair time for vehicles on route; · Staffing requitements, 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; · 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. a. Vehicle and container maintenance program, including response I replacement I repair time for vehicles on route: · Livermore Dublin Disposal has operates according to the requirement's of Waste Management's "Fleet Pride" initiative. This training and oversight program was designed to improve the overall maintenance and operational efficiencies of the company. There are several important elements at work with Waste Management's Fleet Pride Program: · Incident Awareness - Drivers are trained to avoid incidents and how to avoid undesirable practices that can damage equipment. They learn how to identify when equipment is not working right and the importance of immediate repair of faulty equipment. · Communication - Waste Management's Maintenance Department and Operations Department (our drivers) work together to take care of their equipment. These steps help to avoid breakdowns and keep our equipment looking great and working better. Waste Management's Fleet Pride Program is just what its name suggests: Employees taking pride in their equipment and understanding and taking the necessary steps to keep our equipment looking good on the street and operating safely each and every day. Proposal to the City of Dublin for Collection and Dlspo.al Services Livermore Dublin Disposal September 15, 2004 ~---------- VVI\ft® ~~~ PtilUt'c! 011 l<l'(.Tch~d Pttpa 52 · Vehicle Maintenance - All collection equipment will be dispatched, maintained and stored at Waste Management, Livermore Dublin Disposal's facility at 6175 South Front Rd. in Livermore, where they will be routinely cleaned and washed, Maintenance for all collection equipment is tracked via computer and performed by certified technicians on a schedule of every three weeks, six weeks and annually. During the transition of services and throughout the term of the agreement, Waste Management, Livermore Dublin Disposal will maintain a fully equipped maintenance service truck at a central location during route service hours to minimize response time in the event of a collection vehicle breàkdown while on route. The maintenance technician will màke those repairs that can be made safely and quickly in the field. If field repair time will exceed collection vehicle swap out time (1 hour), then another vehicle will be provided so that service to residents is minimally disrupted. Major repairs will require that the vehicle return to the 6175 South Front Rd. facility in Livermore. In the event that the vehicle cannot be driven safely to our Maintenance shop, it will be towed. Again, a replacement collection vehicle will be sent to finish the route, minimizing any service disruption. Fleet Pride demonstrates our commitment to offering the best and safest equipment and drivers to our customers. · The exterior of the collection vehicles, including exteriors, cabs, and compartments will be thoroughly cleaned and washed on a weekly basis. Maintenance for all collection equipment is tracked via computer and follows an "A, B, C" schedule: "A" Inspection-performed every three weeks or 150 hours. This is a complete inspection of the vehicle and all operating systems. All fluid levels are checked and adjusted as necessary. All moving parts are lubricated. "B" Inspection-performed every six weeks or 300 hours. This includes all items covered by the "A" inspection, plus change of engine oil, lubricant and fuel filters. "C" Inspection-peformed annually . This includes draining and replacing the transmission fluid, differential fluid and hydraulic oil. Filters are replaced where applicable. All drained fluids, including anti-freeze, are collected and recycled, All used filters are drained and placed in barrels for pick-up and recycling by a licensed recycler. All defects found during inspections will be noted on the inspection form and transferred to a work order for scheduled repair. Any safety-related defects found will result in the vehicle being placed out of service until repairs are made. Proposal to the City of Dublin for Collection and Disposal Services · Livermore Dublin Disposal September 15, 2004 · · · ._,- ---------~ Printed ON He(I'cled Paper 53 """"@ WART" MANAlIliMtIINT LDD drivers inspect their vehicles twice each day using a Driver Vehicle Inspections Report (DVIR). The DVIR serves as a detailed vehicle safety checklist. The driver performs a pre-trip inspection in the morning before leaving the truck yard. Mechanics are available to perform on the spot repairs and adjustments as needed. Should the driver detect a brake problem, for example, the truck would not be allowed to leave the yard. Instead, a "Lock-Out Tag-Out" tag would be attached to the vehicle, which means that the vehicle cannot be used until it has been repaired and test driven by a qualified mechanic. At the end of each day, drivers perform a post-trip vehicle inspection. Any safety or mechanical deficiencies are noted on the DVIR and turned in to our Maintenance Department. Repairs are completed at night so the vehicle is ready the next morning. '!I{i~~~'I'~'-:~i~ì '-J -I' I ~ J, Jj iJl j~' , ..... 1m' + ~ >1 t~ _,."r;, f';í.~ ~~.~¡(dl!..,~" ~.!", , . ,': :' '''-. " Fleet " is a matte,. of pride. i ¡mPride Propos. I to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 ----- VVIV\® J'riJaL>d on R(~(.Td~'" Pll!1er 54 wASt"1i: MANAGEMENT . b. Staffing requirements, including physical, drug, and alcohol testing requirements: Each drivers' health history is fully reviewed. Their vision, and hearing are tested. Blood pressure and pulse rate are taken. The Physical Examination includes a check up of the persons general appearance, ears, nose, mouth and throat, heart, lungs and chest, abdomen and viscera, Vascular System, Genital-Urinary System, all extremities, spine and other Muscular-skeletal and Neurological Systems. There is also a Physicà1 Abilities Test (with a heavy physical demand level): this includes a grip and static strength test and also some dynamic lifting. Drivers are then tested for the following drugs and alcohol: amphetamines, cocaine, cannabinoids, opiates and phencyclidine~ c. Routing plan to minimize collection day changes to residential customers: The Routing Plan will be consistent with the routes we currently have in place, with minimal adjustments needed to balance the workload throughout the week due to the city's growth. d. Office and operations yard location, and distance from the centroid of the City: The office and operations yard is located at 6175 South Front Rd. in Livermore. The distance from the centroid of Dublin is 12.61 miles . e. The number of vehicle passes per account per week: There are 3 vehicle passes for each residential account each week, including garbage, green waste and recycling. f. The method of Collection: Livermore Dublin Disposal uses a fully automated collection system (automated, single compartment system). g. Hazardous Waste Management protocol; Waste Management, Livermore Dublin Disposals collection vehicles are not authorized to accept hazardous or other prohibited wastes. However, the receipt of small volumes of household hazardous wastes commingled with refuse occurs on rare occasions at Solid Waste facilities. As a result, load check programs have been implemented at all Waste Management, Livermore Dublin Disposal facilities as required by federal, state, and local regulations to prevent the inadvertent acceptance of prohibited wastes. Drivers receive regular training to identify prohibited materials and are instructed to be watchful of drums, pails, cans or cartons that may contain hazardous waste. If a load containing hazardous waste is notice only after it was picked up, the load is set aside and inspected by the site's Hazardous Materials Supervisor. Copies of employee training records are maintained at the facility. . Proposal to the City of Dublin for Collection and Disposal Service. Livermore Dublin Disposal September 15, 2004 · · · ~~-- Prìn,(~d on Rl?(:l'ded Paper 55 WAaTIi MANAOIiIMIUIIT Hazardous materials generated by site operations, such as waste oil and waste antifreeze in the shops, are picked up by trained servicing companies from the double-walled tank in which they are stored at the shop locations. Procedures for clean-up of vehicles fluid spills (i.e. hydraulic fluid, oil, etc.), Containment Procedures for the highway, county, and city are as follows: 1. Call dispatch (if dispatch cannot be reached, call 911) 2. Shut down equipment 3. Turn offPTO 4. Contain spill away from drains, water and soil using spill kit or other available materials 5. DO NOT LEAVE THE SITE 6. Utilize other driver/workers whenever possible Reporting Procedures for the highway are as follows: o Employee notifies dispatch and supervisors o Immediately by telephone or radio The Supervisor notifies: · For the Highway · Call 911 and notify CHP · Call Alameda County Hazardous Waste @ (888) 888-8888 or 24 hour number (888) 888-8888 · For the County · Call 911 and notify County Sheriff · Call Alameda County Hazardous Waste @ the number listed above · F or the City · Call 911 and notify the City Police Department · Call Alameda County Hazardous Waste @ the number listed above If hazardous waste goes down a storm drain or flows into streams, creeks, rivers, etc in addition to the above call: · California Office of Emergency @ 1-800-852-7550 · State Water Quality Board @ (916) 255-3000 · Notify shop for clean up verbally or by phone · Notify Operations Manager or Safety Manager verbally or by phone · Operations Manager or Safety Manager notifies District Manager verbally or by phone · If hazardous material is released into storm drain, creeks, streams, or rivers notify Division Management immediately. Proposal to the City of Dublin for Collection and Disposal Service. Livermore Dublin Disposal September 15, 2004 -~ ..._u "ANAO~M~::J Prit,lct'¡ on Rj:~(:yckt/ Paper 56 . h. Additional material that the Contractor feels is required to ensure a smooth transition and superior program performance. Training. Waste Management Livermore Dublin Disposal's drivers are in direct contact with our most valued assets - our customers. To ensure a seamless implementation of services, all new drivers undergo training with the Operations Manager, the Maintenance Manager, and the Contract Compliance Manager regarding the program, equipment, routes, and steps involved in the transition to ensure start-up success, All drivers undergo intensive training courses that include: · Defensive driving, · Proper vehicle handling; · Rapid response to customer service issues, · Work safely, incident reporting, and · Emergency planning and procedures. During the transition, drivers will be supervised by Route Managers and will be periodically audited to ensure that they are in compliance with all internal and Department of Transportation rules and regulations, Coordination Meetings. LDD staff will immediately begin to work on a schedule of regular meetings with Dublin staff regarding the transition of services to take place. Equipment Transition. AhY eqtcipment purchases will tàke place with the cooperation of our Corporate Equipment Service group to maximize purchasing power. This will ensure the City the best equipment at the best price. To ensure timely delivery by the new contract start date, firm orders for the equipment will be placed as soon as the contract is awarded. Program changes, technology advances and routine replacement throughout the life of the contract may require purchase of vehicles and rolling stock. Such equipment purchases will also tàke place with the cooperation of Corporate Equipment Service Group to maximize purchasing power, again ensuring the City of Dublin the best equipment at the best price. . Cart Purchase and Inventory. LDD will continue to order carts as necessary to replace existing carts in Dublin. Otherwise, it will not be necessary to place a large order for new carts. Any new carts will be delivered from the manufacturer to our Livermore facility, Carts will continue to be ordered in a variety of sizes to accommodate the needs of our customers, This will ensure that sufficient inventory is on hand to accommodate new additions, replacements and carts for those customers that change cart size for any reason. Because LDD currently provides service in Dublin, we have a revolving inventory of containers of many sizes and uses. Our routine ordering and inventory will ensure receipt and timely delivery of any carts that are required to start and maintain service under the new Dublin program. . Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 . . .' ----~ WA8n MANAOIliiMIiINT Printt'¡/'III ReLTt.'ktl Pape¡' 57 6.5 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 picturesland 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 Pr,oposal for all new equipment to be provided to the City. Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 -------- P,Ùw'd 01'1 R(?(.~yt.:h'(1 Papa 58 ~) WASTE" MANlAO~MtEltIfT · · · Proposal to the City of Dublin for Collection and Dlspool Services Livermore Dublin Disposal September 15, 2004 . . . Single Family Dwelling (SFD) Collection Services Livermore Dublin Disposal will use one truck to collect only residential garbage, a second truck to collect residential recyclables, and a third truck to collect residential organics. The totà1 passes by the customer does not change from the existing system, nor does our customers collection day. The only change to the customer will be the time of day the Garbage and Organics carts are emptied. LDD will communicate this change in àll public information materials, and will tag containers during the week before the program begins. In this new collection, all materials will be collected from each household around the same time of day, -~J WASTE MANAGEMEN;" 6.5 For All Collection Services Residential Garbage Collection Weight: 51,500 GVW 28,120 Tare 16,425 35, 64, 96 gallon carts Carts: Sizes: Number of Trucks: 2 plus spares Type of Truck: Volvo/Labrie Useful Life: 10 years Average Age: 2002 Average Cost: $280,000 Truck Design: Automated and Semi~ automated side-loader Number of Compartments: 1 FUèl: CNG Capacity of Compartment: 27 yds3 Primed on H'!(l1detl Paper 59 The driver uses a single compartment compacting vehicles (please refer to the Forms in Section 7 for additional vehicles details) to collect garbage. For residential solid waste LDD will utilize fully automated and semi-automated side load trucks (the same as, or comparable to, the vehicle used currently) to provide once-per-week collection from residences in Dublin. The trucks will all powered by Compressed Natural Gas (CNG). The chassis of the side loaders used for residential garbage are manufactured by Labrie and McNeilus. All routes are completed by one-person collection crews. The driver stops the truck at each residence using the service bràke. As the truck comes to a complete stop, the driver engages the parking bràke and activates the hydraulic system. After the service has been provided, the driver returns the container to its proper location at the curblalley and repositions the lid, deactivates the hydraulic system and releases the brake to move to the next stop. Once the collection vehicle is full, the driver will deliver the waste to the Altamont Landfill. After unlatching the door, the hydraulic lift system lifts the rear door, and the body is tilted to allow gravity to empty the waste from the truck. Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 ---------- 1.jI) W~TE MANAOelVl~nrr Pri"Jl'c/ on Ref..yded Paper 6(} This service includes the provision of on-premise, or "walk-in" service to disabled and other eligible customers, . Multi-family Dwelling (MFD) Solid Waste Collection Service Livermore Dublin Disposal will provide MFD Solid Waste Collection Service as specified in the City's Collection Services Contract. LDD proposes to continue to offer these customers the option of either cart or bin services, Livermore Dublin Disposal will assist the multi-family customer in determining the best collection option on a case-by case basis. Factors to be considered include diversion opportunities that may cause a change in solid waste service needs, operational practicality, and cost to the customer. Audits will be conducted on an individuàl basis to determine whether cart service or bin service is appropriate. As the current service provider, we have worked with the multi-family complexes to determine the appropriate service types. Multi-Family Dwellings - Cart Service Customers will be required to place their carts at the curb prior to 6:00 a.m. on their collection day and will be serviced by a fully- automated vehicle. Collection service willoccur LDD proposes that the current practice of incorporating multi-family cart customers into the single-family solid waste route continue under the new program. (Please refer to the SFD Solid Waste Collection Service section above for the full description). Multi-Family Dwellings- Bin Service Livermore Dublin Disposal will maintain the current collection system for solid waste from multi-family customers with bin service. It is anticipated that customers will initially retain their bins. LDD offers 1,2,3,4 and 6-yard front-load style bins that are equipped with wheels and lids and can be fitted with locking devices. These bins will be serviced utilizing a front-end loader compaction truck (the same aslor comparable to the vehicle currently used), Collection will be performed Monday through Saturday between the hours of 6:00 a.m. and 5:00 p.m. Customers will receive service at least once per week, or more often, as required, While we expect initial bin sizes and service levels for these customers to remain the same, we anticipate a decrease in the size of bins andlor the frequency of service to our multi-family customers as the new diversion programs reduce the volume of solid waste generated. As the existing service provider, LDD has already addressed issues relating to bin placement, bin size, and frequency of service with each of these customers. The collection of multi-family bin service customers will be performed by and fully Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 . . . · · · Prilttc!d 0" Rl.~( li,·h!d P{'fJ~r 6/ incorporated into the Front Load Commercial Solid Waste Collection Route described later in our proposal. . Commercial Garbage Collection Service As the current service provider in Dublin, Waste Management has valuable experience in servicing the city's varied commercial customers. As the City's retail base has grown, LDD has worked to provide ongoing high-quality collection services to the City's commerciàl customers. Waste Management will provide collection of commercial front-load containers with the Company's existing containers and commercial front load trucks. The trucks are manufactured by Volvo and the bodies by Wittke. All routes are completed by one-person collection crews. When the driver reaches a service stop, the front-load container forks are lowered and the driver pulls forward, inserting the forks into the container pockets. The container is lifted up and over the cab and the waste is emptied into the truck compartment. When the container is emptied and lowered back into place, the driver checks to ensure that there is no waste on the ground and that the lid is in place before moving on to the next stop. In some locations, the driver will need to exit the cab to unlock gates or locks on containers or to move carts around before emptying them. Once the collection vehicle is full, the driver will deliver the waste to the Altamont Landfill. After unlatching the door, the hydraulic lift system lifts the rear door, and the bödy is tilted to allow gravity and ejecting blades to empty the waste from the truck. Livermore Dublin Disposal proposes to continue to offer commercial solid waste customers the option of bin or cart service. As in the past, LDD will assist commercial customers in determining the best collection option on a case-by case basis. Commercial Garbage Trucks Tons: 14,627 Type of Truck: VolvoANittke Cost: $210,000 Age: 2000 Useful Life: 10 years Truck Design: Front-loader Number of trucks: 2plus spare Number of Compartments: Capacity of Comþartment: 37 yds3 Commercial Bin Service LDD offers one (1) through seven (7)-yard front-load style bins that are equipped with wheels and lids and can be fitted with locking devices. Proposal to the City of Dublin for Collection and Disposal Services Llvennore Dublin DI.posal September 15, 2004 ~ VVN\® ~-~ IJrint{~d OIt 1?(~/.'Y~'It,tl PlIpä 62 · Commercial bin customers will be serviced with a front-end loader compaction vehicle. This vehicle will be operated by a single driver who is responsible for collecting the solid waste from the service area, in compliance with the City's contract requirements as well as all other applicable laws and regulations, The driver would also be responsible for transporting the collected solid waste to the Altamont Landfill for disposal. Roll off container and compactor customers are able to call LDD customer service to order a delivery/exchange/removal of a roll off container in advance or receive same-day service Monday through Friday. All information from the request is entered into our customer database. For those collections that are not dispatched for same-day service, the roll off supervisor will route all the work required to fulfill the request the night prior to delivery. Personnel in Dispatch run route sheets and distribute to the appropriate driver. Drivers will take the route sheets and follow timelines for service to complete their day. Our trucks are equipped with two-way radios and GPS to insure efficient service. . Commercial Roll Off Services Livermore Dublin Disposal provides temporary and permanent roll off and compactor service for businesses. We utilize 6-yard to 40 cubic- yard containers, as well as custom designed containers for special needs. Roll offtrucks are equipped with Global Positioning System (GPS) equipment, which allows for continual locating capabilities for each truck. Roll Off Services Tons: 4,448 Type of Truck: Volvo/G&H Age: 1998 Useful Life: 10 years Truck Design: Roll off Axles: 3 Number of Trucks: 5 plus spares Collection/dayl Truck: 7/day Capacity: 6-40 yds · Payload: Tare Weight: GVW: 10 tons 22,960 lb. 51,500 Ibs. LDD will provide collection of commercial roll off containers with the Company's existing containers, and Waste Management's existing commercial roU off trucks. These trucks are made by Volvo, have conventional cabs and the chassis are manufactured by G&H. All routes are completed by one-person collection crews. When the driver reaches a service stop, the roll-off box is connected to the truck, and loaded onto the truck using a hydraulic lift mechanism. The driver currently transports the full container to the Altamont Landfill for emptying. After the container has been emptied, it is returned to the business and placed in its original location. When the container is emptied and lowered Proposal to the City of Dublin for Collection and Disposal Services · Livermore Dublin Disposal September 15, 2004 . . . Printed fJl'J Rel.ydf!rI Pupër 63 back into place, the driver checks to ensure that there is no waste on the ground before moving on to the next stop. LDD will provide permanent rolloff and compactor service for businesses. We utilize 6- to 40-cubic yard containers, as well as custom designed containers for special needs. Great .job. I am happy with the service. Timothy Murray Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 --- ® WAS'T1i MANAGEMEN'f" Residential Recycling Collection Residential Recycling Equipment Recycling carts: Cascade Engineering 35, 64 & 96 gallons VolvolWittke $280,000 2002 10 years Automated side-loader Number of Trucks: 2 plus spares Size of carts: Type of Truck: Cost: Age: Useful Life: Truck Design: Number of Compartments: 1 Capacity of Compartment: Tare: GVW: Payload: The SFD Recycling Service will be provided weekly on the same day as solid waste collection. Customers will be provided with a 35,64 or a 96- gallon industry-standard cart. Replacement of lost, stolen or damaged carts will be provided as specified in the Collection Services Contract. Customers will be required to place their recyclables cart at the curb prior to 6:00 a.m. on their collection day. LDD will utilize an automatic side-load compaction truck to provide once per week collection of recyclables from each of these customers. 27 yds3 total 28,120 51,500 11 tons Primed on Req'cled Pl'/Jl!j" 64 · Livermore Dublin Disposal will provide weekly collection of single stream recyclables with no changes to routing or collection from the existing program. The single compartment side-load style trucks are manufactured by Volvo and are built on Wittke chassis. Automated collection is performed by a single- person crew. The driver stops the truck at each residence using the service brake. As the truck comes to a complete stop, the driver engages the parking bràke and activates the hydraulic system. · Single Stream Collection Service will be performed five days per week, Monday through Friday between the hours of 6:00 a.m. and 5 :00 p.m. As is currently the case, the Recyclables Collection Vehicle will be operated by a single driver who will be responsible for collecting the recyclables from the service area in compliance with the City's contract requirements as well as all other applicable laws and regulations. This service would include the provision of on-premises service to disabled and other eligible customers. The driver would also be responsible for transporting the collected recyclables to Waste Management's Davis Street MRF, or other City designated sites. · Multi-family Dwelling Recycling Service An exciting part of the expanded recycling service for multi-family customers is the education and awareness program that LDD will develop to maximize customers' understanding and participation in the new program that includes recycling in their garbage rates, In Dublin, we will focus on site-specific, personalized technical assistance, The program consists of six core elements: Proposal to the City of Dublin for Collection and Disposal Services · Livermore Dublin Disposal September 15, 2004 · · · .....-.'-- ----.~ Primed Of! R{~( !ded Paper 65 WASTIi MANAOIiMiiN'J I. Site Evaluation. Trained staff visit the facility to review existing services, determine recycling potential, and assess space constraints for additional bins or carts. 2. Property Manager/Owner Commitment and Education. Our Public Education Manager will contact the manager or owner to discuss the expanded services and how these services will benefit the facility and will identify and train a site champion. 3. Resident Commitment and r~ducation., Our Public Education Director will host meetings and deliver educational materials to explain the benefits of the new program to the residents and why they should participate. 4. Kick-Off Event. LDD will host a Kick-Off event for all residents, owners, and managers to answer any additionà1 questions about the program. 6. Regular Follow (Jp. The continued success of the program will depend on regular contact with the property manager/owner and residents to address concerns, space or contamination problems, and to orient new residents to the service. Our Public Education Manager will provide this ongoing and important function. Bin Service Livermore Dublin Disposal currently provides multi-family recycling services to numerous complexes in the City of Dublin. We provide both bin service and cart single stream collection service. (:art Scnice For those multi-family customers who have cart service, Single-Stream collection is similar to the program for single-family residents. Customers place their carts at the curb prior to 6:00 a.m. on their collection day, Collection service is from 6:00 a.m. and 5:00 p.m., Monday through Friday. LDD proposes that the current practice of incorporating multi-family customers into the single~family recyclables route will continue under the new program. (Please refer to the SFD Recycling Service section above for the full description.) Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Dlspoøal September 15, 2004 PtiWt''¡ on R':N.,~ychrd Paper 66 · . Commercial Recycling Materials C:olIection Livermore Dublin Disposal currently provides commercial recycling services to numerous businesses in Dublin. According to the City's new contract, LDD will provide bin recycling service to customers in the Union City who request the service. The program offers both source separated and commingled recycling service and includes the collection of separated cardboard, glass, and office paper, as well as commingled tin, aluminum and plastic containers. Under the City's new program, LDD will continue to offer Source-Separated Recycling to customers who specifically request it. However, as part of the City's new contract, single stream recycling will be offered to any commercial customers and LDD's recycling specialists will visit each commercial customer in Dublin to communicate the details of the program, it benefits, and how it would be implemented at each specific site This service offers customers flexibility to meet their recycling needs and thus increase diversion. These options will enable the business community to divert the same wide variety of materials that residents will be able to recycle at their homes. LDD will expand its existing comprehensive support and review program for each commercial customer to maximize participation in the new recycling programs. In addition, evaluations of the most cost-effective and convenient services will be available to our customers. · As part of our commercial recycling program in Dublin, our recycling staff will complete the following process with commercial recycling customers in the City: 1. Site Evaluation. Trained LDD staff visits the facility to review existing services, determine recycling potential, and assess space constraints for additional containers. If cart service is more appropriate for a customers, LDD will provide the customer with information on the City's recycling program. 2, Property Manager/Owner Commitment and Education. The Public Education Manager will contact the manager or owner to service alternatives services and how these services will benefit the company. 3. Employees Commitment and Education. Our Public Education Manager will host meetings and will deliver educational materials to explain the benefits of the new program to the residents and why they should -participate. Proposal to the City of Dublin for Collection and Disposal Services Commercial Recycling Trucks Type of Truck: VolvoNVittke Cost: $180,000 Age: 1999 Useful Life: 10 years Truck Design: Front-loader Number oftrucks: 1 (50%) Number of Compartments: Capacity of Compartment: 40 yds3 · Livermore Dublin Disposal September 15, 2004 . . . PrinMd (In RL·t..'y(·h~d Paper 67 4. Kick-off Event. LDD will host a Kick-Off event for employees, owners, and managers to answer any additional question about the program. 5. Regular Follow-Up. The continued success of the program will depend on regular contact with the property managerlowner and employees to address concerns, space or contamination programs, and to orient new residents to the service. Our public Education Director will provide this ongoing and important function. As in the past, LDD will assist commercial customers in determining the best collection option on a case-by case basis. Factors to be considered will include operational issues such as whether the customer is a large or small generator of recyclables, whether or not there is space and accessibility for a bin, or, ultimately, what level of service would be most appropriate. Commercial Bin and Cart Service For bin customers, LDD offers one (1) through seven (7) yard front-load style bins. Bins are equipped with wheels and lids and can be fitted with locking devices. Commercial bin customers will be serviced with a front-end loader compaction truck (this truck will be the same as, or comparable to, the vehicle used currently). This vehicle will be operated by a single driver who will be responsible for collecting the recyc1ables from the service area in compliance with the City's contract requirements as well as all other applicable laws and regulations. The driver would also be responsible for transporting the collected recyclables to Waste Management's Davis Street Materials Processing Facility (DS-MRF) in San Leandro. Collection service will be offered Monday through Friday between the hours of 4:00 a.m. and 6:00 p.m. Routing will take residential noise sensitivities into consideration. Customers will receive service at least once per week or more often as required. · Rolloff and Compactor Recycling LDD provides a wide array of recycling opportunities for our roll off customers, starting with source-separated collection of compacted cardboard to single stream collection of mixed fiberlcontainers to construction! demolition materials, Our sales staff has been trained to be on the lookout for diversion opportunities when we get a cà11 requesting roll-off service. Currently, we offer the following diversion opportunities: () Clean ~ood delivered to Waste Management's Davis Street MRF. Materials are ground for landscape materials or separated for reuse. Proposal to the City of Dublin for Collection and DisposalS.rvlces RECYCLING A1WORK IS EASIER THAN YOU mINK... 1IIfa.$'hI M.A.N.&Oil.""~NT Livermore Dublin Disposal September 15, 2004 () Yard trimmings and brush delivered to Davis Street MRF for processing and shipment to market. () Glass delivered to WM's Davis Street MRF for processing and preparation for shipment to market. () Tin cans delivered to WM's Davis Street MRF for processing and preparation for shipment to market. () Cardboard (including tubes, boxes and assorted paper) delivered to WM's Davis Street MRF. () Metal delivered to WM's Davis Street MRF for processing and shipment to market. () Porcelain toilets delivered to Davis Street MRF () - Clean asphalt and concrete to Davis Street MRF. Materials are ground and used for road base, () Clean asphalt and concrete as well as rebarred concrete to Davis Street MRF. () Clean dirt delivered to Davis Street-MRF for transfer to the Altamont Landfill for use as Alternate Daily Cover (ADC), which qualifies as diversion under State guidelines. () Concrete delivered to Davis Street MRF for grinding and shipment to Altamont Landfill for use as ADC. ® """'.1'1: MANAGEMENT Prillll!¡/ OJl Ht!<:yderl Pttpe,. 68 · Roll-off Recycling Trucks Tons: 14,627 Type of Truck: Volvo, Amrep, Freightliner Cost: $180,000 Age: 2003 Useful Life: 10 years Truck Design: Roll-off Number of trucks: 1 plus spare · Waste.~Management's Davis Street Transfer Station comprehensive C&D Diversion program that utilizes State-of-the-Art C&D processing equipment located at Waste Management's Davis Street Transfer Station in San Leandro. LDD will develop mailers and instructions for customers who can source separate materials placed in roll-off boxes. Our goal is to maximize the amount of source separated material from all regular customers, as well as from those customers who use a temporary or occasional box. The sales department will continue promoting source separation at the time ofthe order. In addition highly visible signs will be posted at permanent long-term sites with instructions in both English and Spanish on how to separate materials for recycling. Roll-off Boxes will be clearly labeled with magnetic signs andlor hook and board displays. Signs will be clear, bold and bright, and will be available in both English and Spanish. Finally, we will continue to work with roll-off customers in a consistent manner to maximize the amount of source separated material that can be diverted from this type of collection program. Proposal to the City of Dublin for Collection and Disposal Services · Livermore Dublin Disposal September 15, 2004 . . . ~'~~-- @ WASTE MAPiAOIiMI!NT Organics Collection Service Residential Organic Collection Weight: 51,500 GVW 28,120 Tare Carts: 16,425 Sizes: 35, 64, 96 gallon carts Number of Trucks: 2 plus spares Type of Truck: Volvo/Labrie Useful Life: 10 years Average Age: 2002 Average Cost: $280,000 Truck Design: Automated and Semi- automated side-loader Number of Compartments: 1 Fuel: CNG Capacity of Compartment: 27 yds3 ""'_. Pr;'lted ml Recycled Plll'(~r 69 The driver uses a single compartment compacting vehicles (please refer to the Forms in Section 7 for additional vehicles details) to collect Residential Organics in the City, LDD uses fully automated and semi-automated side load trucks (the same as, or comparable to, the vehicle used currently) to provide once-per-week collection from residences in Dublin. The trucks will all powered by Compressed Natural Gas (CNG). The chassis of the side loaders used for residential garbage are manufactured by Volvo and the bodies by Labrie, All routes are completed by one-person collection crews. The driver stops the truck at each residence using the service brake. As the truck comes to a complete stop, the driver engages the parking bmke and activates the hydraulic system. After the service has been provided, the driver returns the container to its proper location at the curb/alley and repositions the lid, deactivates the hydraulic system and releases the brake to move to the next stop. Once the collection vehicle is full, the commingled Greenwaste and Foodwaste are delivered to the Altamont Landfill for consolidation and delivery to Grover Environmental Services near Modesto. (please refer to Section 2.0 Forms for information on the Davis Street and Z-Best). After unlatching the door, the hydraulic lift system lifts the rear door, and the body is tilted to allow gravity to empty the waste from the truck. This service includes the provision of on-premise, or "walk-in" service to disabled and other eligible customers. Commercial Organics Commercial Foodwaste and Yard waste are collected in the same trucks as garbage (please refer to previous sections). Commercial Foodwaste is collected source-separated in either carts, reinforced steel containers or roll-off boxes. The foodwaste is then delivered to Davis Street Transfer Station for delivery to Z-Best Compost Facilit in Gilroy. Proposal to the City of Dublin for Collection and Disposal Services Thank you for ,tll that you do in the community. Dalliel Kala..,hian Livermore Dublin Disposal September 15, 2004 Pl'i"II!t! (iif R.e(yde~l Paper 70 · · · Proposal to the City of Dublin for Collection and Dlspo.al Service. Livermore Dublin Disposal September 15, 2004 · · · WASTE MANAGEMENT Commitment to Clean Air An Overview of Waste Management's Clean Fuel Program National Leader: Waste Management has received awards from the Department of Energy's Clean Cities Program, the Coalition for Clean Air, the Ventura Air Pollution Control District and the U.S. EPA for leadership in reducing emissions from heavy-duty refuse trucks by converting to 100% natural gas powered trucks Largest Heavy·Duty Fleet: Waste Management has the largest fleet of 100% dedicated heavy-duty natural gas trucks in the country. Today we operate more than 450 natural gas collection trucks and operate 13 LNG and CNG fueling stations - most of which are available to the public or other heavy-duty truck fleets. Emission Reductions: Natural gas refuse trucks emit substantially less NOx., harmful particulate matter, and carbon monoxide. Developmental work by a major engine manufacturer indicates that an even cleaner ultra low emission natural gas engine could be available well before the new 2007-2010 emission standards take effect. Clean Air Partnership With California Air Districts: Waste Management districts are working closely with the state's major air pollution control districts to convert our refuse truck fleets from diesel to natural gas. Waste Management was the only solid waste company to support the South Coast Air District's natural gas fleet rule, and the Company has received grant funding from the following districts for cost-sharing programs to purchase LNG and CNG collection trucks and to construct new natural gas fueling stations: )0> Bay Area Air Quality Management District )0> South Coast Air Quality Management District )0> Sacramento Metropolitan Air Pollution Control District )0> San Joaquin Air Pollution Control District )0> Mojave Air Pollution Control District »- Ventura Air Pollution Control District Renewable Energy Program: Waste Management is currently pursuing a pilot project at the Altamont Landfill that will convert landfill gas that is currently flared into Liquefied Natuml Gas (LNG) for use in heavy-duty fleets. The pilot projects will be capable of producing more than 5,000 gallons per day of LNG. · · · -~--""""",--_.~~.,---.--............. PrinNd ,m Recycled PlIpt!i' 7/ WART ; MANAa&MIiNT 6.6 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, ownerloperator, permit status, and permitted capacity). Diversion Program Overview For over fifteen years, Waste Management's LDD has led the charge to divert material from the waste stream in Dublin and throughout Alameda County. LDD has demonstrated a willingness to suggest and to implement innovative and aggressive diversion programs, including single stream recycling, E- Waste collection programs and Foodwaste collection and compo sting. Through a combination of aggressive new residential and commercial single stream recycling programs, in addition to our current commercial C&D recovery, the City of Dublin can be assured that its diversion rate will exceed 50%, and will achieve the most aggressive county and state mandated recovery goals. The following Diversion Plan as a realistic guide to for increased diversion in the City of Dublin. Livermore Dubin Disposal has demonstrated a willingness to partner with its cities in Alameda County to create innovative and aggressive diversion programs. Our approach for continued diversion compliance will be targeted on public education and implementing new diversion programs. Program implementation focuses the delivery of actual recycling and diversion programs supported by creative and aggressive outreach and public education efforts by LDD. Program Implementation We expect to see the greatest impact on the City's diversion program from the implementation of two programs: . Residential Foodwaste Collection. Residential customers will be provided information on how to prepare Foodwaste for recycling along with Yardwaste in their Yardwaste carts. Based on actual numbers collected in other locations, LDD has assumed that an average of2 lb/hhlmonth (all households) will be collected. Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 Printed on. Recycled P(lper 72 WAaft M.I'NA(i."".nrr Over the past year, Waste Management has begun to implement a residential Foodwaste collection programs in many communities in the Western United States. The popular program has been well received and successful in every way. On average, 25% of the households participate in the program, recycling an average of 8 lbs. of F oodwaste per household per month (participating households). · Overall organics volumes increase by 8-15% in communities with residential foodwaste collection programs. Residents place their Foodwaste in their Yardwaste carts for weekly collection. Customers were provided with kitchen containers for collection of their Foodwaste and were also instructed to place their Foodwaste in paperboard cartons. There have been surprisingly few problems associated with the collection and processing of the materials. Contamination is not a problem, and collectors and processors have not had complaints with post-consumer residential Foodwaste in the yard waste in any of the programs that Waste Management has implemented or piloted. Providing extensive education on ways to minimize odors and mess will help residents become familiar with the program. The key criteria for success includes the use of carts in a weekly green waste collection program combined with permitted processing sites. Waste Management has been working with Cascade Engineering for several years to supply 64 -allon yard waste carts. We have used these same carts in Dublin for many years (information include equipment portion of the proposal). · Indoor Kitchen Containers Since participation is a challenge in successful residential Foodwaste collection programs, provision of indoor collection containers can improve the success rate of the program in several ways: First, the container provides a tangible way to educate customers (labels and brochures accompanying the delivery); Second, the container serves as a physical reminder of the program when it is located in the kitchen; and finally, an indoor container may helps some residents to overcome that "Yuk" factor and try the program out. Livermore Dublin Disposal is proposing to work the City regarding the distribution of Cascade Engineering's Kitchen Compost Carrier ®, for an indoor Foodwaste collection containers. This container is small enough to fit under many sinks or on a kitchen counter, it is easy to carry, has a compartment for an odorizer, and can be washed in the dishwasher. The capacity of the Kitchen Compost Carrier is 9.6 quarts and it measures 8.5" x 9" x II" . Sample studies of participating municipalities shows participation rates of 25%, with set outs averaging 8Ibs/mo. · Proposal to the City of Dubll" for Collection end Dlsposel Services Livermore Dubll" Disposal September 15, 2004 · · · ~"------",~----............. WA18TE MANAGEMENT Prime,' ON Re(J'ckd P'1per 73 While communities choose to distribute in-kitchen collection containers for Foodwaste; in the long-run, education on other convenient preparation options must also be communicated to residential customers. For example, alternative programs that educates customers on the option of place Food Waste into paperboard milk cartons have proven successful. Commercial Foodwaste As we found out over the past two years in Dublin, Commercial Foodwaste collection is easily promoted, yet often difficult to actually "sell" to customers, and even harder to maintain. The type of program developed, the economic incentives, commitment to education, and the ability of the collector to control the quality of the material all have a dramatic effect on the success of commercial food waste collection programs. Successful programs In communities with franchised programs, the collector must be able to include the cost of education in the collection costs and to carefully monitor quality - leaving behind contaminated loads. In commercial businesses where the profit is often small, cost savings must be clear and easy to achieve. I Food Waslo Collection Program . "How to Participate" Aeceptlble '00" waste II1lte,II", ~ ,tøu $ðr.ø,t-'I' · Fnflb', U VII,.-Iallil4f1 · M.ÆtIt Bon.., pourtr3' (I 8'4ftHtd .. Sill.. U nc.*t31 · Snad, Po,rlli. RI,;., Ii BtilnJl · Food StlUed Pa,e,. · Caflllo Cf'¡)ünd.l: PUi"Iii'"S, tiI 1'_11 aiJllJ:' · Mil. Cdt'toI'U: (I ~.tiþe,. EU Cør( )Ii&. · Wagd Card'bøar'cf · Fio,.~d Tt'hnmlrtfl.l Pin These In Trash 01 ReCvcllao: · StyrøfØdA'l · SlIl"y""lb · 11M' ,8wt l~øfnIJ, C".m.f~'5 Q CJ.~,,-ra · GIG.:;' ~:;'t1~U;:.lJt~~~1 )'¡<:U~ Jpøl' · Ph¡!.r~c:.I" . »~, Str«urij (1J:~nJlUs, eif"..; q ""ub$ . COntllners lor 'led Wlstu', , .P4I' "".." f~~ dlre'CtI:v liito!! Q ,Spt'ç/.al f'1I;I1;Þ~ " ' " W,¡¡t:1f ~''''UlIQ''1' iIM.k~ Ul'1U ... ,r04t.d.tf rø j/O'U. " ;1(i'M bq J(rll lr "'., w..mo, pJ,*,~~ ,,:'~::, IU. 5~*.1"1trøu.h pkl.t t:', b4'i. e:h, ~ (Iurt: ,an'" cofthllMlr.. Mill''' rø ~.. p ~"a I"~',:"~"~" ..".... t'" ,.11."".. ." ..., ""'." ~.lIeet I;MI:"~II. !Il~ FOOd waslo HOllin, 503-331-2226 Wh,f'), Education Collection of a clean Foodwaste product is important, and difficult, in the commercial sector. However, we have found that programs can be successful with extensive, hands~ on customer education. Through repeated site visits by our sales staff, and well- displayed signs and labels (with information depicted in several language and graphically) we have been able to insure our processors of a clean Foodwaste feedstock. We have that it is important to allocate adequate cost for multiple site visits, high quality signage with graphics, color-coded collection WI\II' Food Was,te CollectloR Program containers, and frequent collection service. -..-, LDD's recycling coordinator will visit all businesses that sign up for the service to conduct staff training. Color-coded containers will be placed in the kitchens (i,e. gray for garbage, green for Foodwaste, blue for other recyclables) for color-coded sorting. Each container will be labeled with graphic-based labels (see sample on this page). Proposal to the City of Dublin for Collection and Disposal Services fflld Pllms FOld Soiled P1I Ier . j waxed!:. ClII1Ibunl FOOII WasI8 Holll1l8 'All PlIIIft. .... "_.11 SbNI'1M III., fIIUJ 583-331-2:226 Livermore Dublin Disposal September 15, 2004 -----.- VYM® PtiJtled ()fI. Hl~('yd('d Hiller 74 WASTE. MANAGEMENT · For the first two months, Waste Management will monitor each new Foodwaste Customer carefully for contamination and will provide regular on-site training. Customers must continue to receive regular, on-going training, signage must be maintained, and the drivers must monitor quàlity to address any contamination concerns as soon as they arise. Livermore Dublin Disposal is proposing to provide a combination of 96-gallon carts andre-enforced metal front load containers to collect commerciàlly generated food waste in the City of Dublin. Please refer to the Form I for information on these carts. All collection containers will be serviced with front-end loader collection vehicles. Foodwaste processing Opportunities As the largest collector of food waste outside of San Francisco, Waste Management relies on several different processors for its various Food waste programs. Residential Organics will be transferred at the Altamont Landfill for delivery to Grover Compo sting Facility in Modesto, California. Commercial Foodwaste will be delivered to the Davis Street Transfer Station for transfer to Z-Best Composting, in Gilroy. Please review to Processing forms for information on these facilities. · Task 2: Imvlement Rccvclin2 Services for Commercial & Multi-Family Customers The introduction of free commercial and multi-family recycling will create an economical incentive for many of these customers, thereby increasing diversion throughout the City. With on-site waste audits and customized program development by our experience recycling coordinator, LDD expects to see a significant increase in diversion from commercial businesses, in particular. Livermore Dublin Disposal will implement an aggressive Education Plan to inform commercial and multi-family customers of new city rates that include recycling services as part of their garbage rates. At the same time, LDD will be able to promote the City's no-cost single stream recycling for its commercial and multi-family customers. In combination, these two service enhancements will increase recovery by over 20% from these sectors. A flyer will be mailed to each business in the City and our recycling coordinator will visit each business to discuss opportunities for improved recycling. Ongoing education will ensure the success of this program in the short and long term. The increase in recyclables collected from commercial and multi-family customers as a result of the implementation of a single stream-recycling program is a 20% increase. Other programs that will enhance the City's diversion activities include: · Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 · · · Primed on Recycled Paper 75 W~TI!. MANAOIiMøwT Continued ,Promotion of WM's Construction & Demolition Recvcline Proeram Waste Management of Alameda County aggressively promotes its ability to recover C&D materials from the waste stream, Because this material is very heavy, recycling it significantly increases the amount of diversion that is received. By increasing our local promotion activities, we can increase the awareness that companies have for alternative to disposal of this valuable material. Livermore Dublin Disposal will work with the city to distribute this information to anyone applying for building permits. Waste Oil Recoverv from all Sectors and the Addition of Oil Filter Recoverv LDD will collect Waste Oil and Oil Filters from all customers in Dublin. Customers will be provided jugs for the Waste Oil and will replace full containers with empty ones. Containers for Oil filters will be provided for Oil Filters. Oneoine Waste Reduction and Recyclin2: Workshops Livermore Dubin Disposal will sponsor waste reduction and recycling workshops for businesses and multifamily customers in conjunction with the city and the Dublin Chamber of Commerce. We will provide information about establishing and implementing recycling and source reduction programs and will encourage customers to help the city to continue meeting its diversion goals. Conduct Waste Reduction and RecvclimrWorkshops Livermore Dublin Disposal will sponsor waste reduction and recycling workshops for businesses and multifamily customers in conjunction with the City and the Dublin Chamber of Commerce. We will provide information about establishing and implementing recycling and source reduction programs and will encourage customers to help the city to continue meeting its diversion goals. Other Education Pro!!rams and Trackinl! Efforts Document Exemplary Recycling Programs and Nominate Businesses for the CIWMB Waste Reduction A wards Program As part of the waste reduction and recycling technical assistance audit programs, auditors will identify and nominate businesses with excellent waste reduction and recycling programs for the CIWMB awards program. Case studies of exemplary waste reduction programs will be documented in order to share the information with the city and other businesses. Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 r----- WI\ft@ Printed on Recycled Paper 76 w..n MAN..........,. .\ Complete Annual Recvcline and Diversion Reports Livermore Dublin Disposal will provide the City with all required recycling and diversion information to enable proper preparation of its annual State of California diversion report. New Customer Welcome Kits Livermore Dublin Disposal will deliver New Customer Welcome Kits for new residential and commercial customers. These kits will introduce new customers to the existing recycling programs and màke commercial customers aware of the ability to recycle at no cost. Diversion Summary By implementing all of the tasks that we have discussed in this diversion program, Livermore Dubin Disposal knows that I) we will increase the amount of recyclable materials that we are able to collect; 2) we will be able to assist customers in continuing to reduce the amount of material they dispose; and 3) we will document accurate information for the city's reporting. . Diversion Tonnage Summary Table Dublin Tons Percent Diversion Green Waste 5,370 10.9% Recycling 10,220 20.8% acc 1,660 3.4% Food Waste 4,120 8.4% C&D Recycling 3,330 6.8% HHW 22 0.0% E Waste 25 0.1% Diversion Total 24,747 50.3% Disposal MSW 24,480 49.7% Total 49,227 100.0% . Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 · · · Pri,.,((ftl on HeLl,.'I!!" PI~lwr 77 6.7 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 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. Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 Prime:d 0" Re(ycled PaJu_'r 78 · · · Proposal to the City of Dublin for Collection and Disposal Services Llvennore Dublin Disposal September 15, 2004 · · · -- WASTI MANAOEMENT 6.7 Processing Plans Waste Management will process all recyclables at its Davis Street Materials Processing Facility, located in San Leandro. Trucks will deliver recyclables directly to the facility - there will be no need to transfer the material. Primed on Rt;':l,.p..:h~d p{ f'(!I' 79 a. How the facility will track tonnage from the City of Dublin if material is being received from multiple jurisdictions; Trucks will be identified and weighed upon entering the facility. Loads will be routinely characterized. Records and reports will be stored at the MRF and prepared for the collection company. b. The average monthly residue level at the facility for the last twelve (12) months; 10% c. 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; A enc Contact Name Title Tele hone # Local Enforcement Agency Jorge Goitia Senior (510) 567- (LEA)/ Alameda County Registered 6756 Environmental Health Department Environmental Office of Solid and Medical Waste Health S ecialist CA Integrated Waste Management Laura Niles Integrated (916)341- Board (CIWMB) Waste 6410 Management S ecialist Certified Unified Program Agency Tiffany Treese Environmental (510)577- (CUPA)/City of San Leandro Services 6031 Environmental Services Mana er San Francisco Bay Region Alan Friedman Water (510)622- Regional Water Quality Control Resources 2347 Board Control En ineer Weyman Lee Air Quality (415) 749- Ins ector II 4979 Proposal to the City of Dublin for Collection and Disposal Service. Livermore Dublin Disposal September 15, 2004 primed on R€!c,I'i.kd Paper 80 d. 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 AgreeÌDent; and · Waste Management's Davis Street MRF has the processing capacity of 40 tons per hour and may operate two full shifts to seven days per week. Although the progranlffied processing rate will be at 12,000 tons per month, the process capacity exceeds 16,000 tons per month. RAA commits to a processing capacity of 12,000 tons per month throughout the term ofthe Collection Agreement. e. 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. None. · · Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 · 0 Home 0 Contact Us 0 Services 0 Community 0 Related Links 0 Request Info. 0 Pay Your Bill · · Livermore Dublin Disposal Page 1 of 1 Livermore Dublin Disposal About Waste Management Waste Management, Inc. Is Its industry's leadIng provider of comprehensive waste management services. Headquartered In Houston, Texas, we protect the quality of life in many communities, providing waste solutrons to approximately 25 mililon resIdential and two million commercial customers In North America. Waste Management offers a fuli range of coliectlon, disposal, recycling and environmental services to meet the needs of each customer. We will help you to determine the most cost"efflclent way to dispose of your wastes. At Waste Management, we believe In going the extra mlie for the communities we serve. That means working closely with our customers and finding all of the answers to your questions. Continuing to make a difference Waste Management is strongly committed to the safe and responsible management of waste and the highest quality of service. We are responsIve to the concerns of our citizens and work diligently to ensure regulatory compliance and protection of the public's health and natural resou rces. WM News > WMI Announces Cash Dividend WMI Announces Conference Presentation Schedule and Website Access to Slide PresentatIons l ©2003 Waste Management, Inc. http://www.wm.comlTemplates/F AC4409/index,asp 9/13/2004 Livermore Dublin Disposal Page 1 of 1 0 Home Community 0 Contillç ; Us Awards Events 0 Services Memberships 0 Community Sponsorships 0 Relillted Links 0 Request Info. 0 Pay Your Bill Livermore Dublin Disposal Community Waste M<ln<lgement's operations span <III of North Amerlc<I, providing vital services to homes, schools, businesSeS and government facilities. Yet we maintain a strong local commitment to every community we serve. Not only do our employees live, work and raise their families In these communities, but we ,are privileged to work In a business that Improves the health and safety of Individuals and communities In a very direct way. Making communities cleaner, safer and stronger Is a central focus for us. The company embraces the opportunity to be a good corporate citizen through a vigorous and growing community relations program. We are Involved in local community organizations. We participate In numerous community activities and Initiatives. We contribute money and services to a broad variety of local events. And our employees participate In volunteer efforts throughout their communities. For Information on the specific activities we're supporting In your community, visit the Awards, Contributions, Events, Memberships, and Sponsorships pages In this section. Waste Man<lgement-we're a vital part of the f<lbrlc of your community. ©2003 Waste Management, Inc. http://www.wm.com/T emplates/F AC4409/community.asp 9/13/2004 · · · · · · WASTE MANAGEMENT OF ALAMEDA COUNTY 172 98TH Avenue Oakland, CA 94603 (510) 613-2815 (phone) (510) 613-2839 (fax) ® WAII'f. MANAG.M.NT September 15,2004 Jason Behrmann, Senior Administrative Analyst City of Dublin 100 Civic Plaza Dublin, CA 94568 RE: Tonnage Capacity Guarantee Dear Mr. Behrmann: Waste Management is proposing to deliver the City of Dublin's Solid Waste to the Altamont Landfill. Recyclables will be delivered directly to the Davis Street Materials Recovery Facility. Commingled Residential Greenwaste and Foodwaste will be delivered to the Altamont Landfill for transfer to Grover Environmental Services, and Source Separated Commercial Foodwaste will be delivered to Waste Management's Davis Street Transfer Station and Materià1s Recovery Center for transfer to Z-Best for compo sting. . Disposal. Waste Management is proposing to dispose of the City's Solid Waste at the Altamont Landfill in Alameda County. With remaining capacity of over 10 million yards, or 35 years, Waste Management guarantees sufficient capacity for the City of Dublin's Solid Waste through the term of the Contract with the City of Dublin. Recyclables. The City's Recyclab1es will be processed on site for marketing to a variety of end markets. In addition to the Davis Street MRF, Waste Management operates Materials Recovery Facilities to process single stream recyclables in both Lodi and Santa Rosa. With these facilities as a back up to our Davis Street Facility, there is sufficient capacity to guarantee the City processing capacity for the City's recyclables through the term of a Contract with the City of Dublin. Organics. Organics will be transferred to Grover Landscaping Services in Modesto and Z-Best Compo sting in Gilroy, where they will be processed, composted and marketed as finished compost. In addition, Waste Management processes organics at it Redwood Landfill in Novato, at the Napa Compost Facility in Napa, and plans to begin compo sting residential organics at its proposed Altamont Compost Facility in 2005. Waste Management is able to guarantee sufficient processing capacity for Organics, as defined in the Proposed Franchise Agreement, through the term of the Collection Agreement. Should you have any questions, please do not hesitate to call me. I can be reached at (510) 613-2815. Sincerely, ~ "l. J:) .,...J) ~- Devlin, Vice President Bay ea Region ------- Pr¡'w.~d on Rtf(pdt!¡J Paper 8/ {R,1 WASTE MANAGlEMJ!NT · 6.8 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: . Document that the landfill design operations comply with all applicable federal, state and local regulations, including, but not limited to, RCRA Subtitle D requirements. Waste Management's Altamont Landfill is located at 10840 Altamont Pass Road in Livermore. The Altamont Landfill & Resource Recovery Facility (known as "ALRRF") covers approximately 2,200 acres in the relatively isolated Altarnont hills in Eastern Alameda County, (Site map, attachment U). · Altamont is the largest landfill in the Bay Area and accepts approximately 1.4 million tons of waste annually for disposal and reuse. This facility has an estimated total landfill expansion capacity 0[300 million cubic yards. The landfill is currently comprised of one fill area; Fill Area I which covers 230 acres and has an estimated total airspace of 75 million cubic yards, of which about 43 million cubic yards of solid waste are in place. Fill Area I was originally planned as one large unit. In 1993, in consideration of changes in municipal solid waste regulations of the original footprint ofFill Area 1 was redesigned and divided into two units, to incorporate a second landfill unit (Unit 2). The unlined portion of Fill Area I (Unit 1), which had operated since 1980, remains a class III landfill. The Unit 2 area consists of approximately 100 acres, and is adjacent to but separate from the existing Unit 1. The Unit 2 area is designed to meet California Class II and RCRA Subtitle D standards. Leachate and contaminated groundwater are pumped to an on-site wastewater treatment facility for processing prior to use as dust control and landscape irrigation. Landfill gas is collected and used to generate power for the site and about 6,500 homes. ALRRF is in the process of adding a Liquefied Natural Gas (LNG) Facility. · Topography at the site is characterized by moderate to steep rolling hills and narrow valleys with some hummocky landslide areas. Rocks underlying the site are part of the Panoche Group consisting of mudstone with minor interbedded sandstone. Except for outcrop areas, the Panoche Group is blanketed by clay soil or alluvial deposits in the drainage channels and valley areas. Surface water from the property generally drains to the east and eventually into the San Joaquin Valley and the Delta. Proposal to the City of Dublin for Collection 8nd DIspOS81 Services Livermore Dublin Disposal September 15. 2004 Primed on Rl,~lydl!tI PliJW1" 82 · Regional Hydrology There is no designated aquifer beneath the area of site. Groundwater exists within each of the main geologic units underlying the site, However, none of these units has sufficient permeability to yield large quantities of groundwater to wells and are, therefore, not considered groundwater aquifers (California Department of Water Resources, 1964). However, the bedrock and overlying alluvium supply small amounts of groundwater in quantities sufficient for stock watering and domestic use. Groundwater is recharged mainly by direct infiltration of precipitation into bedrock fractures and alluvial deposits. Discharge occurs as springs and, seasonally, as flow of intermittent drainages. Regional groundwater flow patterns generally follow the topography. Water levels vary seasonally in response to precipitation patterns. Site Hydrology The landfill site has been characterized through twelve investigations performed by six different consultants. The results of these characterization studies indicate that groundwater occurrences recharge and discharge, are influenced by the sandstone beds and fault zones. The ALRRF is situated in a complex hydrogeological regime consisting of three hydro stratigraphic units and migration pathways. The hydro stratigraphic units include sandstone beds, fractured mudstone and alluvium. The groundwater migration pathways include the sandstone beds and fault zones, in addition to the bedrock fractures. · Groundwater is encountered most of the time in sandstone beds on the ridges and hillsides, and occasionally in the valleys. In the valleys, however, groundwater typically exists from shallow to deep depths regardless of whether or not there was a sandstone bed, Groundwater rarely occurs in fractured mudstone on the ridges or hillsides, but is commonly copious in the alluvium in the lower portions of the valleys. The alluvium had the highest hydraulic conductivity as was interpreted to be the main hydro stratigraphic unit transmitting groundwater off~ site. In the valleys beneath the alluvium, groundwater in weathered and fresh bedrock occurred in fractures, and exhibited an upward vertical gradient. Studies have suggested that very little meteoric water is recharging the ridges; instead, most of the meteoric water becomes runoff, and possibly the sandstone beds in the ridges act as reservoir rocks for infiltrating water, which is eventually discharged to the weathered bedrock on the hillsides. In the valleys, groundwater demonstrated an upward vertical component of flow and occurred at shallow depths in àlluvium and weathered bedrock. · Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 · Pr;ntí~" (In Rel..Tch:d Ptlpt!r 83 Groundwater flow patterns generally follow site topography and are similar to the direction of surface water movement. Groundwater flows radially away from the hills toward stream channels and then in a downstream direction. Geology IHydrogeology Subsurface Soil and Bedrock The landfill area is underlain predominantly by weathered to fresh, thin bedded and massive marine claystone and clayey siltstone of the cretaceous Panoche Group. The claystone and siltstone are locally interbedded with thin to thick sandstone and silty sandstone. The Panoche Formations generally strike northwest and dip east to northeast at 10 to 15 degrees. The depth of the weathering in the Panoche Group is variable and ranges from about 25 to 100 feet below the ground surface. The primary deposits that overlie the Panoche Group are colluviums and residual soil. Alluvial deposits are up to 25 feet thick fill the bottom of the và1ley below the Unit I landfill toe. The alluvial deposits consist mainly of moderately to highly plastic clays with minor amount of fine-grained sand and bedrock fragments. · Landslide deposits also occur in the Altamont Hills and are generàlly associated with mudstone (claystone/siltstone) units ofthe Panoche Group, particularly of the Unit 2 area. These~lides were associated with either previously existing landslide deposits or with deep weathering of bedrock due to intense fracturing in faulted zones. The landslides followed increase rainfall periods and slope steepening due to excavation. Peak ground acceleration due to maximum credible earthquàke is on the order of 0.44g for near field events and 0.27g for far field events. The near field event was based on an event occurring on the Marsh Creek segment of the Greenville fault zone three miles east of the landfill at a magnitude 6.7. Groundwater Quality Title 27, Subchapter 3, Article 1, Section 20390 requires the RWQCB to establish water quality protection standards (WQPS) for each waste management unit. The WQPS1s include the "Constituents ofConcem" (under §20395), the concentration limits (under §20400), and the "Monitoring Points" and "Points of Compliance" (under §20405) for selected criteria for a specified time frame (active life plus closure period). · These parameters and concentrations are then monitored on a quarterly basis and statistically evaluated against the allowable concentrations. If an exceedence is detected, the Board is to be notified in writing and a discrete retest conducted within 30 days. The Board is notified of the results of the retest, and if a release is Propo..1 to the City of Dublin for Collection and Disposal Services Livermore Dublin Dlspo..1 September 15, 2004 1--- l.. "-Y. ............M.NY Prj,lIed Olt Recyd(,tI PU1'er 84 detected through the retest, the Evaluation Monitoring Program is implemented within 90 days, which includes a preliminary engineering feasibility study for corrective action. · To date, ALRRF has not recorded any statistical exceedences of monitored parameters in the groundwater since the program has been initiated. The 1982 release from the Class III cell occurred under a previous groundwater-monitoring program. This release necessitated the installation of the groundwater interceptor barrier, and is more fully discussed under the next section. Local Groundwater Use Current groundwater users include water for livestock on nearby cattle ranches and water for non-drinking purposes (i.e. dust control) at the landfill. Many ofthe springs outside of the facility have been converted into stock watering facilities by the instàllation of windmill pumps. Groundwater Monitorim! Groundwater monitored at depths of: 8 feet to 120 feet Groundwater monitoring wells: 8 total wells Groundwater sampling: Quarterly Groundwater monitoring well depths: 18 feet to 172 feet* *Varies depending upon strata monitored. · Additional Information: Groundwater Monitoring information sheet and Groundwater Well Location Map. Groundwater Monitoring Program The Altamont Landfill Resource Recovery Facility groundwater monitoring system and procedures for sampling are completed in accordance with the California Regional Water Quality Control Board directions, which administers State Water Resources Control Board regulations and has issued Waste Discharge Requirement (WDR) Order No. R5-2002-0119 in compliance with Title 27 of the California Code of Regulations. The ALRRF site specific groundwater monitoring system consists of eight groundwater monitoring wells for sampling the three water bearing zones which are present at the facility. These water- bearing zones pass beneath the facility in accordance with the alignment of the permeable strata and site topography. The groundwater monitoring system consists of wells of various designations. Wells designated as detection/evaluation wells are defined as wells located in areas unaffected by site activities (wells E-20B, E-22, and E-23). Additional points of compliance wells (wells E-3A, E-17, E-18, and E-21) are located down gradient from the waste management unit. Currently the landfill groundwater monitoring point of compliance is at the south side of the groundwater interceptor ban-ier in the valley floor. · Proposal to the City of Dublin for Collection and Disposal Services Llvermor. Dublin Disposal September 15, 2004 · · · Pril1f(~d fin Rt..~c.)'l:letll~ltJn!r 85 The ALRRF Site Specific Groundwater Monitoring Program (revised June, 1996) describes in more detail the permitted groundwater monitoring system and is available for review. Also contained in the plan are tables, which present the groundwater monitoring well coordinates, elevations, pump data and target depth; the wells with their designations and sampling frequencies for listed parameters, and the sampling parameters. Wells E-5, E-7 as well as other sampling points are located in the leachate and vadose zone monitoring system to provide for the early detection of new contaminants or trends of monitored parameters. Groundwater Contamination There is one area of existing groundwater contamination at the ALRRF. During the winter of 1982-83, a portion of the waste in Fill Area I was inundated by precipitation. Since that time the landfill has generated a large volume of dilute leachate, which is collected in a drain system under the waste. Groundwater impacts were detected in 1982. In response to these events, a groundwater interceptor barrier was constructed in 1987 about 700 feet below the toe of the landfill to collect contaminated groundwater. Leachate and contaminated groundwater is pumped to an on-site wastewater treatment facility for processing prior to use as dust control and landscape irrigation. Currently, the groundwater interceptor barrier)s on a pilot study for shutdown. Current monitoring data indicate groundwater between the landfill toe and the barrier contains elevated levels of Volatile Organic Compounds (VOC's), several of which exceed health and safety criteria. VOC's are now seldom detected in monitoring wells immediately down gradient from the barrier. Well's farther down gradient beyond the influence of the barrier, however, still detect low levels ofVOCs because the release is still dissipating. Surface Water The ALRRF is located within two surface drainage basins, the Brushy Creek drainage basin, which discharges into Livermore V à1ley to the Southwest, and thence into South San Francisco Bay through the Arroyo De La Laguna. The remainder ofthe site drains through unnamed tributaries to Bethany Bay Reservoir to the Northeast, or to Mountain House Creek to the East, and eventually into the San Joaquin Valley. There are no bodies of surface water either on or immediately adjacent to the ALRRF. The nearest surface water, located one mile northeast is the Bethany Reservoir Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 --------------- Prilrfl'd on ReC}'('/(!t/ Paper 86 Wi'.STE MANAGEMENT · Net Annual Rainfall The site receives an average of about 13 inches of precipitation per year. The 1,000- year, 24-hour precipitation event for the site is 4.90 inches. The 100-year, 24-hour precipitation event is 3.75 inches. The site is not within a 100- year floodplain as identified by the Federal Emergency Management Agency. Landfill Construction The Altamont Landfill Resource and Recovery Facility currently has two permitted cells, the Class III cell and the Class II cell. The waste disposal life of the Class III cell is approximately I year, while the Class II cell can expect to be active for 5 years. Future expansion areas will àllow additional footprints and material to be accepted for many years to come. Liner and Leachate Collection Systems Unit I (Class III Landfill) is an unlined cell. A dendritic subdrain system was installed under Unit 1 in natural swales prior to waste placement. The subdrain system is intended to control groundwater and landfill leachate. The system consists of gravel-filled trenches to collect ground water. The trenches are overlain by three to four feet of compact~d clay to prevent leachate migration into the gravel layer. Another collection pipe surrounded by gravel lies above the clay barrier, This upper collection pipe transfers leachate to the lower lift station prior to treatment. As a result of the heavy precipitation in 1982, and subsequent saturation-of the landfill, a groundwater interceptor barrier was installed across the mouth of the canyon to contain and extract contaminated groundwater flowing from under the landfill. The point of compliance for the toe area of the landfill is south (down gradient) of the barrier. Leachate and contaminated groundwater is pumped up to the on-site wastewater treatment for processing prior to use as dust control or landscape irrigation. · The subdrain system includes a geocomposite drainage layer placed on the lower portion ofthe side slope and a one-foot thick layer of drainage gravel placed over a select portion of the cell floor. An eight-inch diameter collection pipe is placed beneath each of the two Leachate Collection and Recovery System (LCRS) trenches and drains towards the sump at the west-end of the landfill. Groundwater is pumped through a riser pipe that extends to the subdrain system beneath the sump and is discharged to a surface water drainage ditch. Approximately 2.4 gallons per minute are discharged from the groundwater sub drain, which is connected to both the north slope and landfill floor areas. Although the subdrain is designed to accommodate a ten-foot rise in groundwater, groundwater levels are actually anticipated to decrease as landfill construction reduces natural upgradient groundwater recharge to the area. The sub drain maintains the 75-foot horizontal offset from Unit 1 where the subdrain is lower than existing refuse to the south. This offset was selected to · Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 · · · ~--------------.- Primed 01' Re(J'ded Pflpel 87 W...8TI" MANAGI!MI!I.NT minimize the potential of leachate migrating into the Unit 2 subdrain from the Unit I refuse to the south. Unit 2 includes a composite liner and LCRS. The liner design varies depending on the location within the expansion area. The liner system on the landfill floor consists of the following components from top to bottom: one foot operations layer, geotextile filter layer, one foot of drainage gravel, geotextile cushion layer of 60 mil HDPE geomembrane, and 2 feet of soil liner with a permeability of 10E-7 cmlsec or less, In areas where the floor is underlain by the subdrain, a one- foot layer of general fill is added to provide a firm working surface for liner construction. Over the Red Star (Group I) area (in Unit I) a layer of geogrid reinforcement beneath the soil liner is added to provide tensile strength for potential differential settlement. The north side-slope liner system is constructed over native materials, such as soil or bedrock, and consists of the following components from top to bottom: two feet of operations layer, a minimum 40 mil HDPE gèomembrane to provide UV protection, a double-sided geocomposite drainage layer, (LCRS), 60 mil HDPE geomembrane, and two feet of compacted soil liner with a peffileability of 1 OE- 7 cm/sec or less. The south-side slope (liner over refuse) composite liner uses a geosynthetic clay layer overlain by a geomembrane. The liner components include from top to bottom: two feet of operations layer, a geocomposite drainage layer, a 60 mil HDPE geomembrane, a geosynthetic clay layer, geogrid reinforcement layer and two foot foundation layer. Thegeosynthetic clay layer is proposed as an engineered alternative to two feet of compacted clay liner due to the anticipated tensile strains that will develop during and following settlement of the underlying refuse. Tensile strains on the order of three to five percent can result in significant cracking that will reduce the designed performance of a standard soil liner. The swelling capacity of the geosynthetic clay layer is anticipated to heal any cracking or separation that may occur under these strain levels. The LCRS drainage layer overlying the liner system drains leachate to two LCRS trenches containing 12-inch diameter HDPE collection pipes located near the center ofthe landfill floor. Leachate drains to a sump at the west-end of the landfill, where it is removed, treated and used on-site for dust control or landscape irrigation. Storm Water Pollution Prevention Plan The Altamont Landfill and Resource Recovery Facility has an existing Storm Water General Permit (letter dated April 17, 1997) for the Statewide General Industrial Activity Permit (identification number 5S0 1 S00600) which addresses the details of run-on and run-off, and StOffil water management at the site. The Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 -- PriJilt'd on Ue(T<..:/eÛ Paper 88 ® WAiI"'l! MANAGI!MI!NT · Storm Water Pollution Prevention Plan (SWPPP) incorporates the storm water monitoring and sampling plan and best management practices. The SWPPP includes identified potential pollutant sources that may affect surface water quality, descriptions and implementation of best management practices (BMPs) to reduce and control industrial pollutants in the discharge, and finally a method to evaluate the effectiveness of the BMPs in reducing contaminant concentrations. The SWPPP is updated periodically to reflect changes in BMPs, facility operations, storm water regulations, and company policies. The current edition is dated March 2003. Significant sources of potential storm water pollution include the working faces of the Class III and Class II landfills; the area surrounding the solidification bin; the liable asbestos disposal area; equipment staging areas; mobile lubrication truck; other construction areas greater than 5 acres (soil stockpile areas), Class II areas covered with petroleum hydrocarbon contaminated soil or auto shredder waste used as alternative daily cover, closed portions of the landfill; fuel dispensing island; grease lube oil, waste oil and antifreeze storage areas near the maintenance facility, various parking lots and other sources or low potential pollutant sources. Best Management Practices for each of these sources have been developed and implemented at the facility. Storm water falling within the limits of the active landfills, which may have come into contact with waste, is collected, and pumped for treatment at the on-site Wastewater Treatment Plant. This same facility treats leachate collected from the bottom of each cell, as well as the aqueous phase gas condensate generated during landfill gas collection and power generation. · ALRRF invests heavily in preventative maintenance activities. Preventative maintenance activities limit the potential for emergency spills and releases of all sizes that may impact storm water. These activities range from inspecting of piping and tank systems to maintaining the sedimentation ponds that receive all of the storm water runoff from the facility. These ponds were constructed to slow the storm water discharges and allow the suspended sediment load to settle prior to leaving the facility property. The current ALRRF active area consists of approximately 232 acres out of the total 2,170 acres for the site. Storm water run-on from areas outside of the active area is prevented from coming onto active areas by diversion channels which route the storm water around the active areas and offsite through channels and temporary storm water retention basins. Additional storIn water management information practices, monitoring requirements, and control measures are available for review in the site's Storm Water Pollution Prevention Program. · Proposal to the City of Dublin for Collection and Disposal SelVlces Livermore Dublin Disposal September 15, 2004 · · · P 'i",~tl 1111 R('qded Paper 89 Air Management The facility has a long history of compliance with applicable Bay Area Air Quality Management District (BAAQMD) regulations. Currently, the facility holds a Major Facility Review Permit (Title V) that was issued on December 1, 2003. A copy of the current permit (expires November 30, 2008) is included in Appendix G. Regulatory Inspections and Records Local (Alameda County), regional (BAAQMD), and state (CIWMB/RWQCB) inspections for environmental and permit compliance occur on a frequent basis pursuant to permit and regulatory requirements. Records for inspections are maintained and are available for review on~site. Consistently positive comments on compliance with applicable regulations have been received by the facility from regulators and customers alike. Regulatory Contacts Alameda County Planning Department Public Works Building 399 Elmhurst Building, Room 136 Hayward, CA 94544 Darryl Gray, Zoning Administrator Ronald Gee, Planner 510-670-5400 510-670-5400 Alameda County Environmental Health Department (LEA)* 1131 Harbor Bay Parkway, Suite 234 Alameda, CA 94502-6577 Karen Moroz 510-567-6757 Bay Area Air Quality Management District (BAAQMD) 93 Ellis Street San Francisco, CA 94109 Carol S. Allen 415-771-6000 California Environmental Protection Agency Department of Toxic Substances Control 100 I I Street, 25th Floor Sacramento, CA 95812 916-324-1826 California Integrated Waste Management Board (CIWMB) 8800 Cal Center Drive Sacramento, CA 95826 Reinhard Hohlwein Nancy Jestreby (Financial Assurances) 916-341-6344 916-341-6345 Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 ----------- Primed on Reqcled Pflpf!t 9(} WASTB. MlANAÖIi'MI!N1" Central Valley Regional Water Quality Control Board (CVRWQCB) 3443 Routier Road, Suite A Sacramento, CA 95827 Howard Hold Victor Izzo Greg Vaughn (NPDES) · 916-464-4679 916-464- 3291 916-464-4742 California Department of Fish & Game, Region 3 P.O. Box 47 Y ountville, CA 94599 Janice Gan 209-835-6910 California Division of Occupational Safety & Health! Cal OSHA 1515 Clay Street Room 1301 Oakland, CA 94612 510-622-2916 U.S. Fish & Wildlife Service Sacramento Endangered Species Office 2800 Cottage Way, Room, W-2605 Sacramento, CA 95825-1846 Sheila Larson 916-414-6685 · Army Corps of Engineers U.S. Army Corps of Engineers, Sacramento District 1325 J. Street Sacramento, CA 95814-2922 916-557-5250 *The LEA performs inspections weekly. For copies of their latest inspections, please contact the facility. · Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 · · · Printed 011 Re(l'(.·h~d Pl'Il(~T .9/ <!) WAS'I'& MANAGEM~NT b. Provide a copy of the primary permits associated with site operations (Le. State of California Solid Waste Facility Permit). Copies of primary pennits are attached. · Solid Waste Facilities Permit · Conditional Use Permit · Water discharge pennit · Major Facility Review Permit (BAAQMD) c. The permitted and remaining capacity of the site: Remaining permitted space at the Altamont Landfill includes 12,0050,810 cubic yards in Fill Area 1 and 9 million yards (40 million tons) in Fill Area 2 for a combined total permitted capacity of over 10 million yards or 35 years. d; 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. Attached. e. 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; None f. List any import restrictions, taxes, or fees that will be applicable to the receipt of the City's waste stream. Since the AItamont Landfill is located in Alameda County, there are no import restrictions, taxes or fees that would be applicable to the receipt of the City's waste stream. g. Discribe 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. If there is an import restriction on accepting solid waste from outside of the local jurisdiction, describe the process to have the import restriction waived. N/A. Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 ---- P,.intt·d m, Re(,~I·l·h·d Paper 92 ® wAliTl!: MANAOII:MI!NT · h. 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 Not applicable i. 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. Attached. · · Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 · · · WASTE MANAGEMENT of ALAMEDA COUNTY 172 98TH Street Oakland, CA 94603 (510) 613-2815 (phone) (510) 613-2839 (fax) WAS'ftI MAN:AØUMIIN'1' September 15, 2004 Jason Behrmann, Senior Administrative Analyst City of Dublin 100 Civic Plaza Dublin, CA 94568 Dear Mr. Behrmann: Waste Management of Alameda County is proposing to deliver the City of Dublin's Municipal Solid Waste (MSW) to Waste Management's Altamont Landfill. As requested in the City's Request for Proposals, should the City choose to deliver MSW to the Altamont Landfill, Waste Management will guarantee daily and annuà1 tonnage capacity for the City's solid waste collected under the City's proposed Franchise Agreement, through the life of the agreement. In addition, Waste Management will indemnify the City of Dublin against all events in connection with or related to the provision of disposàl services as set forth in Sections 6.0 of the City's RFP, excluding acts of negligence or willful misconduct by the City, The Altamont Landfill is part Waste Management of Alameda County, ,Inc., which will guarantee the indemnity obligations for the benefit of the City of Dublin for MSW delivered to the Altamont Landfill consistent with Section 6 of the City's RFP. The Company has available environmental and pollution liability insurance coverage in excess of $25 million and the financial backing of a company with over $11 billion of annual revenues. Should you have any questions, please do not hesitate to call me. Sincerely, ~~.DQ~ ~evlin, Vice President Bay Area Region · ¡-._---'"-~._- I ¡, ì I ! w...n. ........_......../" ~-,--_...~--- '--- ------~~. IJrimed 011 Ret:Yi.'It.~d Pafi(~r 93 k) Violations History. The Proposer must provide a history for the lastfive (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 thefollowing: · The name of the claim, arbitration, litigation or action; · The amount at issue or the criminal charges alleged; and · 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: · · The name of the action; · The court in which the action is pending; · The action number; · The amount at issue. · The Proposer shall provide a list of all enforcement actions taken against it during the lastfive (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 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 entitlement or business license that has been revoked or suspended in the last 5 years. The Proposer must list any claims against a Bid or Petformance Bond and the results andfailure to receive a Bid or Petformance Bond, or any contractual defaults or termination in the lastfifteen (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, Proposal to the City of Dublin for Collection and Disposal Services Llvennore Dublin Disposal September 15, 2004 ¡I'~~""~~.....- ì ; I ,--':~-==__EM.N~J ¡"',..inted iJH U(,Oj,:,"ded FIIf/irt ()4 · 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 lastfive (5) years, the name of the jurisdiction to which damages where paid, and the event(s) which triggered the damages. · · Proposal to the City of Dublin for Collection and Disposal Services Livermore Dublin Disposal September 15, 2004 . . <:> 000 <:> ~ §. II) 000000 g =0 10 1 ~ ~J j~ l~~i i I ê j'1j li'~ E 8- ~~ E~.; 11 ~ ~ 8 ~ i ~ '1 i ~ llNI I ¡ ¡.I..i ,~i ~ ~ ~f 8 ~ e ~ § i- .~ .. ..: Š. i3 ~ 15.'..9 ii!1 i ~l!r ~ ~::>~ ~.g f~ ~..~ iJ!I~ ~ i ~ ! ~! I ~ 11 ~ "i! . !~~I ~8iäe.i 11 ii ~ ~.i~ g¡!': !l ;i ~ j 2/.æ ~t~æ~æ~:e!lt.;¡ § ~t a¡~g. i~1 II! ~m ~ ~~.9 J ~i~ ~ ~~j i ~~i ~ ~f .!ch.... õ ¡ '. ~ ~! ~ 21 JC?~.sj ~~= t !~j~1 fãJ ~i :. j ~ J i .5 ~ i f ~ ~ j~; 1¡~ l~ ; .10 iji .9 l! ~ :f~ ~m! hi iI 'j[§f fjjái';) ~I· ~J ¡ £ i f 5 ~ 1~1I j.9¡j !!!~ ~ I ~ :,J ¡ ÆI; Ilj! ~s~t )' ~ ~ ~~~ Õ i~~.9· .9ª5~. ~j~ ! ~ !.9. li' æ~ 1~il ~li.9' i ¡ IIII-! ~III l~ ~!! ~,§ ~ ~ ! ~ ~ ~ 15 ~ '" ~ lõ! § ~ ~.I¡ §tji l! t.!. !~~i I ji!i ~~~§ gl.i~ i t.!i~ ~~j.~ ~ ~j1~ ~!~~ ~!t~ ; J~I~ l~fJ I II~j I!~f Ilij ll·IIII illi jc~¡il! ~~ªi~i ~~§~ !i~~ f ti~~ i::=a1!~u.. .!!!a.!!!a 1-15-821 u..@~<~ tfll i.1 ~III iil~ I ¡ill I~ I ~tI", j::>.~ u8~~ ~¡js: ~ l~~~ (1;§ I ~ ~-g fK~ ~i~·e p~.:¡; .J .~'I;I~= "': .~ 'S 1!11 II~ Ili~ ~II~ ¡ ,!!~ !j ~ i .s,¡¡¡C~ ~~ð, ~~f ~!U5~. ]! 8'.~¡¡¡1 11 ; E r~!J ~1.~ I:I~J fli~ I ~I!¡ ~E i i ~i~1 I~i ~ia¡· ~ :;I~ I §i~~ ~I i i i~£e ~[~ -~ ~_..~ õ ~~~~~ ~~ ~ 21 -a¡.... i! ,j¡ ~ii om!:!.. ¡;p "',ª"'.91.9.9 :šæ'3~ ¥s~ ~j~l j"'~i .~ "~I'~ i¡ ! i r!iW~ æ1ñ~ :e~r J!!;.I1I~ ~ J11~~J J!!~ J!! J!! ~¡g¡~ ~Ii a¡!~! i~~Ø i 1~~~~a¡.I1I ¡ a¡ j~ti ~If f21~j f:l~ , ~~I~lr! ~ f ~ ~ ~ jl ~ m Sl m " ,:,{,'.\ '·.i,:'~ :.Itg 1,'1,<;:, :'j ".<". õ !, ::. . ...': :: g ~ I I ! ~ ~ § i o ~ ~ ~ ~ ~ ~ . ~ if j ~ f ~ :¡¡ ~ i € ~.~ .;>~ !~~ ~! ~f !§&¡ '" j(l; :¡¡ I ~i~ ¡ li ~(I;~ .iJ ~ ~ ,., Æ ~ z õ ::. :: ~ ~ ~ Æ g Æ ~ ~ ~ '5 '5 õ :¡¡ ::. :¡¡ i:: :: :: ~ g ~ z Õ ~ ~ :i Æ Æ ~ ~ z z Õ õ ::. ::. ~ i:: c c c ::. ::.::. i i i N ~ ~ i ~ ~ c<I~ ~ ¡ ~ ~ j(l; j j Jgs~ j ~ ~." ~ (l;u..1- I- ~ :i:i Æ Æ Æ ~ ~ ~ ~ õ õ ::. ::.::. i:: i:: ~ c ::. o ~ c c ::. ::. i i I 0. ~ i 2 ~ .5 ~ ~ i1! 1 ~ 21~ åi ~ d!j .8 'ª ~~ ! ~ ð!3 ~f~ !li~fJ I! ! f~ ~, !~ iifi ~i ðS~.2I .~ § I I 1 ~ : ~.~ !3 E= !;! ~8 .~ i~ ~ ê ~ ~ ~~ .§ . c ilU ~ ~ § i i i ª§ ~.. ¡o~ ~ § ~ 'ð ~ j ~ ." I- ~ ir if ~ ~ I ìh ihi I ~ Æ I õ :¡¡ ~ :i ~ ,., ,., Æ Æ ~ ~ '5 õ ::. ::. i:: i:: ~ ~ ~ Æ Æ Æ ~ ~ ~ z z z Õ Õ õ ::. :¡¡::. :: i:: ~ . <C .~ .;2 2 .t1 . j~ Ü:fi'; ~(;) c:i z æ~ OM ..... ..... t t:.2:-~ :::IC::ð 88 0 'C:: .§ 8- III ::I :Ern Q) ~£i ... =!=:<II§!. Q)'¡':III... -0 ~~ g .9!,grd §J:III~ :;I:IQ)gt .~ ~:::J :! - ~ '- "8 '" = <II ëü Ë ~.~ ¿. 3:i..!!!:! ! ~@~ § ~ 81ií;:i ~ ~~~@ ~ ~BÆ~~ & Ë~~~ . ~ Emlll"'Š ëii 8.o1!&~ l!J .;¡'~~:ë ~ C::ã::gc:: § :!...:'O~ c:: §~~~ ~ ~~j ~ :~ Q)~a¡ Q) ~ :51íE£i a¡ ~3:~~ iJI l~~Bl¡ij :=!.9Ëc::c::! ::I S;;Q)Q)0 .:*.~~~"a ¡:i¡¡¡88J] !! g? !'ü U'Ht; !~ m2 om c:: 0 Q) ~ u EC::.E iii ~ . z~i3 j¡ ~ E ¡j ~...: :iE>c::~ ...:J!!Q) III'" : ....J! I,) .~ g¡ ~ =3:m ~ '2 R III III .S/2 ~~o ~ ~ ?ij ..... (;) ~ .... -. o .... ..... .... .... ~ $ a; C'>j .... ..... 8 U (;) (;) (0 (;) .... ..... (;) ~ b b C::tC::t 8888 III 0 III i 'i 'C:: a¡ . E ~ E III :::I (1 :::I :ë(C/J:ë(C/J bt §a 8 .. &.g c::8- ð~ aj ~ g?!/;! §! 'B 'B 13 III III III C::.!i c:: b c:: :::I 8 õ õ .j! j! ~ ~ ¡:¡ ~ E ;3:.,.3: & J:-gt< III to::Im c:: ]i-g8:::> ~ 'B..!!!to> ~ ~ð~~ ~.,.~~~8 >1:~·-o- . ..!!!8:::1Q)~"2Œg '= ZtOQ)&'- ~ i .~ ~ ~ å .m '~E~~~e!~ ~~ðõ~~ð ~ 8 ..... M ~ o 'C:: 8- :::I C/J ~ i5t ~8 Q) ~ 'ê :::I C, j III c:: III Õ 1: Q) . Ra! ~~ c:: ni 0'- :;:¡i :;:¡ ~:... ~~ 6* c:: CII ~3: ~~ §! 'B CII c:: ~ ~ o I (;) I o ~ ~ (;) ..... ì: ~ ..... U ø .~ 8- :::I C/J o :¡p i5t c:: :::I c?J8 ª ~ (;) s ..... .... i .... e ~ (;) C'>j ~ ~ (; aj E ~ ..: :I!! CII E IS 'B .!J! 8 g M ê ~ at ~ :::I -8 &0 ~'C:: :g ~ ...JC/J C) c:: .~ .~-g ~~ j .~ CII .9 ~ ¡g ëüj 'i'- ! j.S/2 ~ ~ æ CII-o s.!ll ts c::~ <II.£!! 10 1ilo CIIQ)'~ jß 3:£i.~§ c:: ~ j!~Õ ,gõ ~'-5£ 1IIe; 3:~""'CII .~ :B :? '6 i ~ '5 æ .- t '0 C) .S/2.51§!8·5 ~ 1: co Q) .2l ï c::Q) ts~E1ií Q).e» J I- .S/2 Eä ,,;;;....,-ou ~:g E m-gB "a 0 ]iEtOæ ~! ~~i~ C)<II é/)C) "" 'i~ ~;~'= :¡ij § ·r5.g~j' <IIß '.e C::i!õ !~j=,¡gõ~ %...~~,g¡jg-~ EO Q)"¡¡¡3ï' Q)6tS-g~öQ)Ë åi'ü,!g:::l :::Iõ£i'15 ~~8~j£~~ "'~õeQ)~j'8 .00 .0<11.0<= 5'2£§£CII§C) 'B.J! ~'BC::~'B~ < .c:: .0 < ,¡g ° '" 10 .... ~ ~ ê ~ ~ c:: ::I ~ C') ~ § ~ (;) -' ð ... i (;) U b b c:: c:: 8t8t ~aj 8 00&0 .!!!·¡;~l ~!.9~ b e: :::I 8t E!8 õ 0 .¡; ~8- c?JJ} b b .!II c:: c:: ~ 5 :s E ut8'§Q)_ §~~~~ð UOEO .õ ~.~ f~g~ CII :::I CII ;;I m .S/2 mmmcn:::>o ¡;- ¡o. ·0 c,.9 '" .ð' E~ ~! ~ I 8~ -=10 :? CII õ.9 .:¡¡; § j ~,,". .Q -aLl j£ '~I!!t: - ~¡~ :I!! <lime: itO §.~ tí~ ~E :¡¡¡1!> <Q) B~ g..~~ IêE !!.! .gÖQ) .¡;c:: -a .6 '" Q) <II ø.S! ~1: Z..."CII es ::Q)e C::;;;;¡~ 2;::; II! E.ð:::l '0'" 8,.g -2:! c, C::'" <11._ .5'ig> jiS i5cu ]¡i.¡ Q)1: "'.9 .. Õ is £; 3! ~'9. J! :g~ Õ<ll ~J!j æ'2;<II <IIg>c¡j ¡¡¡i ~~.8 .j=æ~ e ï; 'S 8 'õ j ~ E .:::1 ø "'£i ~õ § Q)'~.9 ~ ~æ¡q mC)ã:5 c, ö g> 3!:? ..5 '"' '0: Õ E .- .CII'!1j g áP..!!! ~ Q)8g:g'êìJ:;;:¡¡¡~a¡ ð Q) c::~ ;?,J.'- !I/'-:¡¡ §¡!:g¡!II~:gEi5> ..- '05.-: c,g CII ~ 5i ~ .¿ "@ g> 1~ g' ð ~ œ i5 ã.~~'Ë~'Ëõ~ùg ~~1!cuðCllj! ...åi'8 c::§~æõ~rd:5'8.!J! .!!!<IIQ)j! S:;r:CIIC)Q) ëi!cuëà.j! :::I "a1S:::> -=£'5.S/2 ¡:¡'ª~8E E3: <.5'003:0:::1 cu-' §! §! Q) '5 'B :B ¡g ¡g ¡g ~ -! ~ ->rn cu"i -! >:::1 õ~ 3:õ !llcu 5i C): t: E >j! E3: ~ ::Jg ~ -!g¡ 0<11 &'" ø ui-;--! ø>' ~~ :g~ ~~ > .~e~ 8· ~.<!! ~~ ~J .~ Q)~"O :::>((I..S/2:::> -!B ~ m"ij æ Q) >3:1ií iSõ cu ~o :... _u.o .........J >- ~a,. .!!!...I,) c::o....:EQ).§ ;>. ....:ug c::2B E!.!i~.J! .J! ~~ ~~~õ~ Q)c::. iiJ~Q)<II .- .Q)Q) . §~·êU.Eæ¿~~~:à ~~ .~8 e~o.!i~~Q) ;>~CII Q)...l,)m- Æê~~æð~~j~~~ê~~~~ -g~~I~Ji~~~~..!!!~~iõ~ ~~-!CII~ CIIi~~¡gi~~ðiì .!II:> ~ æ e!. ¡;I1)ëü :><._ CII"ij cu 1,)... QS 1ií o;>;>~~o:ë(u~u~u-,c::o~> ~ 10 ¡; §! '5 to c:: ~ §! ~ 'B 'B 'B CII CII CII c:: c:: c:: ~ ~ ~ ~ ~ '¿::'t t: :::I :::18 8 .. ~l ~~ ,g¡ ~'i c:: :::I ¡!<II ð[ ~ð .5 Q) .e¡!: iþ ~ § e8 c,Q) rd.s b:6 '2 'j ~'i "@E .- Q) -om ¡; . CIIb ... c:: ~8 ~~ ~ ~:6~ë5 .- j :ß I!!... .... ...e;o.... ~ Q)..., . C)EI!!"" ~ë,ª~ bC).£!!E c::cu,£¡ ii! .~ .. ~ ð£e! ~ c:: ¡¡¡.!J! I- ,¡g .5 8 ~ ¡g ..... e ..... ¡¡; (;) .... e "'" ~ » ð1 £i c, r:;; ~E~ c::£æ~ ¡¡¡ cu :m 91 .;;¡ ,£¡ .5.~ -'= ~ ~ui B£~~ z B .~ ~ ~ .~ ~~ 3! §!.ª'6 a¡ .~ ~'g¡ ~ I .5E .!J!~'E.= ~ e "8 ~ ¡!~ '1-8 CUf1),,- '2£ ~~F. ~ ]2 a¡ ~ J:! 0. c...... ¡q IS. j! m~ Q)c, Š<llcuQ) ~~ -2:!~~~ ~~ '>~Œ~ ~ ~ e:::>~:::I 0.;10 c, ...- i!~ £þ.¡;;S -2:!8-ci'~ ~.~ m 'CQ)Q)£ðc:cu æ£iS c:: Q) 3! J¡ :?~ <II ""~ I'll ~ c:::ë ëi5 cu Q).o"''''''E°1,) '¡;II:: ~.m!å.~O'B~ ~:Ë ° e'~-5Õ~ Q) .¡¡¡~ -g~3! ~ ~_£i ~ ¡¡¡ ~~c::æcu,m~ .!L~ ,£¡~~~~lli 8~ :5E'8~ I!!g, õ¡¡¡ ..!!!a¡ !5 Q)caj£E ~!ä'*.~.6~~¡~ ~ 8£~ã:§~Bmc:l~ (0 ~ (j III m It) f8 C') u æ b ¡; :::I b 8t§t ~ ii! 8 5 8,ð~u ~';'f! .g rg :::I.!/;! ~ ...JC/JifC/J õ 3! :::I "0 c:: cu ~ :s .~ '0 g CII Õ <II ~ Q) :6 c:: o ;: Q) E ª cu ~ -0 c:: cu IS =' III c:: . 'Ë a¡ '§ 33 .- ~ '0 .~~ C)LL '¡¡'2 ... Q) r:;;'C ]2 § c,Q) ðm §! ~ '5 'B cu 10 c:: ¡; U .!i '" ~ e: IIÎ ... ° ,~:::I _ ~ ~ g>g~ðt~ ~ ~ ¡:¡ '_'--5""'€B ¡ß ð 3: ~ i<ll5.6~~¿....:3: ...0 <.!!! I!!......õ C::cu C/J'2 ~ ¡¡j 8 .§ ~ w ~ j! . : c?Jucu¡:¡w ..50.5.:::> ~~ ¡;¡ 2;B~3:t~~§~> ~... CllCUo~J2C::>1ií!!!~ mæ ã) è'Ë .§ - LL :B 'g 3: .> .~ :::I E '6 . '0 .e .<11 :ë( t CII e . 16 Q) . > !e t:u g "'æ.~oð ~'9. Q) U Ern g§'1ií ¡;-~Q)uOC)êSJ!j~.!is~- c r!: cu Õ"'c::c:::CII.... °:ë(E!CII ~ ~'§ .J! ~·~~;g~œj! ~·§~.J! E:;æ~:.G~ª1ií~iii:~~*~g!¡:¡ ~ð~3:3:c..w8ði53:S2ðw3: I/i 10 _i?! .- 0 Ll.õ ~.- o d z~ =0 Uo G ~ ~ ~ ~ ..... ..... ~ ~ , o~¡g æ,...1X) G~~ ,... ~ ,... D m "" ¡:. N¡:. C;; 8.:s ¡:':$c;; ~ _III'C;; §1::~1::81:: ...-& 8~ð~ ~ 68~ 8111ð118 U.!QCI) ¡g,:sjis8.o ~ ¡:. 8 'C;; III 'C;; C;; 'C;; -'C;;1:: CO'-CO<l;co æ~?Ç~g.f§g¡gg. Cl)ðð~CI)CI)CI)-,CI) cs: - :ëi :c ~ ~t ~ . III . co mlOiCl) :caE..... OIOCOC;; et::iCl)~ ~ ~ == .9- ~ ':g ~ ~ 10 .- co go ~ê~š W8~5. õ co'2 E ~~.~ 8 üãj._§ co 0. E :S 2 E..... :Si5.8ê ~ .!t .S; ~ ~ ~j~~~.9 EŠ.§ ~ 8 5 ::::: æßõs ~ii1ti.§ ~.III 8 Õ o:::::! III 'O:¡:~.þ !hõö 8 1:I:SCOõ ~I~~ ~1ii8~ ·ï:f!!i 1l~~~ I!!E~lii 9!88!1= °llllll'ê :! :z:. 1:1 iii :¡:öæ¡r 1/1 ~ .a'fl ~~ -¡¡¡ ..... :s iii ~ co =:0 ~j 1:10:::: co c;; co 18 co_ 1; -¡¡¡J: ! .~ ; g S ~s ~ E.m := 82- i -¡¡f,5 ~ ~-g co :2:g E III .- co !!! ~ ~ . § '5 coimc;; ~~211! lOCI) co III õtJ'ê1! f.E ~ ~ ~j.~ . J: = ¡¡P c;; aðlii~ ~õ'šð ]j,*~õ 8.~ ~ Þ .52 10 Ö C«:gco...: et::~IO:5m oð "Uc;;o. et:: S .- 0. _~il!!lO °E<=co-o I!! m:e E ~ ~ S s .S ~8§i3g ~ 'fl co c;; ~ := ~ ê ~ tJ « c;; co .: CI) --:III~ ;:) ï:,j2- co co co . ¡;¡tJtJ Eet::·!!! ~æ g~-:: &~~ CI)~::>'É53 ~¡;¡'æ G);:)ji;; '~E-¡¡¡~~() E' ·c;;e-8ði ""'>- ~¡~~ðlOê~~~~ Iii:set::'a g¡i.m g~~ IQ :1::" c;; C;;.¡¡¡ E~ -::0: ~:¡: " OW(\ (\ CO(\ >1:I :ECOÕIII<Þ'="-·- .c;;« O''õ-,::IQEIii-en :¡¡ Jen-1!!2:¡:~1iî,*=: (\ .Ec;;!!!C;;:>JII -(\ tJ Il.. -o,aco UC;;~c;; üJ·!!!~ U ~ ãiõ.g E-: õ~ ê~ g¡·~~~,*i ðð8~~~~~~£ õ .s IQ ~ ~ o M co ~ ~ o ~1:: c;; ~ 88 ~.g c;; & I! ~ o(/) § §~ C;;~ coè)j ! ~ :.~ 13:6a¡:=~ '-i~C;;3J ~~]~~ ~ 5.8~~ -g a;¡im'~~-¡¡¡~ III.S·5 -'" o.:s(/) !11 10 c;; <Þ co 6ã:'03J:5~§ as . æ 1:1 Õ C;;:= 1:1 c;; (\ co ~ fl~~sr~ ......111 c;;>c;;u :Elllm.m<::OIll «~.5E·Sß'5 illl.§sc;;Èæ ""COCOC;;!!!(\ 1:I B~~o~~& ~ðll)]1~i!1:I ~S¡::'-COIIIC;; C) i "" 10 10 .5. :¡:¡ .t= ......, Q.~m1:lo~~ 1:IuC» ....c;;E co !!!....Srg'-III ~ï:·s:g¡g1tœ 101:I:iE-1O III'OC;;C;; ¡;?..c:: IIIC;;IOCJ1IO- lOJ!!ãi~1:I.....-¡¡¡ §co:5C)'253~ .-1:1 c;;tiiEco m co §._ ] ell ~:S.....~~"S!.§ .....E!!IIOIO-;..... iHiHt c;;~1:II;SÕëñ0 ~ 'fl co .E g! ~ ¡""'cu c;; 53 .S: oð~EE ~~g¡,5 co . 10 10 >uC;;f- ~.sIO. ¡¡; ";:¡: tJ et::.æS.E co III III . -C;;IOC) !I11!!:¡::fi . :¡: f- 0 & iii . et:: u ..... >ü.s&! ~ ~JB1:I~ ~.sc;;æ-, ll..oicoEc;;vi ;;:c;; oco 5ii:'õe'B~ -' ~'> ~ ~ ZO::C;;Õ~ c.. W 0, ~ :!:: .... .... ~ e o ~ o ~ CD It) 8 o M 8 ~ .!!! <:: E~ ?Ç 1:: II) .- ð~ - m8~~ a:sZ 0 ~ '53g~ ~gCl).~ .:;](/)::JO ~ "¡:; .~ ~ 2J .~ ~ ~(/) _18 "88. co .~ :sO .. 0 ~~ 58 111_ §W :=1:1 ~ c;; ,Q 10 :s~ §- §~ .¡¡¡ I!! c;; a¡ 8.c;; -0.- c;; C) 10 c;; 1:IW c;; C) a,ã ti¡ ~o 'm c;; §j .~ .8 a..... J!! c;; _ co IOE-ci .§ a¡ ~ 10 .... co é3 ~ en g! 'B 10 c;; I ~ C» g o ~ et:: .... M ! 1:2 .... (") - r- o (") o Õ C::! .... .... Iõ ~ ~ o ~ o ~ ~ ~ ~ o ~ ~ E (/) :5 '3 ï: I C) 10 01 t r- en C» ..... ~ E ~ II) (/) 10 Õ "S o C) c;; :~ co ï: ¡ii ã. E 8 g! 'fl « r- ~ o .... M o ~ et:: o r- ~ N ~ ~ o f5 (j) · -g E co CI) g "" .19 1'9 !!! 1:1 c;; 10 c;; 2 10 c;; 'Ê '5 III 'õ ~ :s g¡ '5 a c;; '5 .!!! -¡¡¡ ~ ïii ë3 -g E II) CI) ....: :m 10 E 5 := 10 I :ä C) c;; e :¡: g! 'B 10 c;; ~ ~ ~ et:: r- .... .... IX) ~ ~ 'fl co c;; '1ii ëïî 1:[ co E & 10 c;; 10 :! .S! III 10 :¡: :> c;; ~ <:: ~ o c;; e co ..c:: CI) 111_ 2 0 ï: f-S Õ ~ ~~i .s ~ õ ¡ ~~.- :Q.,.~ .s æ 1:1;:)0 ~"2::! III :! æ:>.g ~~~ ~ .s :S.!!!!!! c;;ðm .... :Q må8 ¡g,co~ ~ :¡: I~üJ s~~ :.: ~ I!!ü~ 010:> . tJ a¡E~ a<ãi..-= .s .sa¡ .Eõ~'ê.S! ~ ~:6tJ ~_E~æg'8 w5.E u531\18 --m OIZ- COE(/) =::: §~.~ B~ ~~~ ~'r~ !!!1:1~'=;; ~ co 10 E co~ <:: &§'iij&iE-ª13J!!§'æ~ OU.U(/)(/)2;CI)«IUCD ¡:. c;; ¡:. ~ :::I <::1::C;;1:: 1::81:: 1:: ~~~~.2;0~ ~ ~ ð888§8~ð~8 coolO:so....cois8~o a¡ 'C;; ~ 'C;; ü .g E.c;; 'C;; E¡¡¡E~¡g,~§j¡¡E8. cog.m~IO~cogco~ <(/)<(enzCI)(/)en~CI) ~ ~ C) 10 8 .~ S 10 I s C) c;; ~ II) III Qj E .9 III 5 -¡¡¡ 'Q co E E 8 ~ i ¡¡æ 3J 10 ü ~ 'B « g! ~ 'fl 'B « « ~ 15 ~ ~ ï: - tJ co ti.E E <:: - co -:'1: SiP >- II) ,. æ E æ 0. 8. ::¡: §IO S ü æ III ~:! 10 a. co :¡: Q.¡;¡ :.:Iii ~IO N~ ~:¡: co- :9>' ~~ co 10 c;; !Eï: EÕ õ&! .fü E!I: o.{g 1I),j:! "Eco - c;; I!! E ~~-¡¡¡ðJ~ ~ C;;1:: ~ :J 88 10 è5 a¡ 'C;; E & 10 ~ ;;¡:(/) ¡:. <:: 8'8 lIIü ~ is -m 'C;; .¡:; & s ~ CI)(/) ~ E ~ C) !O :ë c;; !!! ï: co E a. 's ¡¡r õ £ ~ ,Q ~ j -¡¡¡ ï: iii ã. E 8 s~ !!!'5 ~ a. ::::: U J!!:ïš tSs. « " C)UI .S Š ~ e o Q. I ~ ~'fl :¡¡ I!! ~~ o .- ã.c;; E 'Q; wa .... co .- a If 53 .m S E !!! g ~ -¡¡¡= üJ!! õ¿ g¡ 1112 'E c;; 10 10 2'8 ~ ~ E ... '<" E õ.S! "'Rö:I~ a¡::slOo. .E 10 .5 .52 C) E 1:1 ~ ~ '5 Õ IOCOIII.§ ij¡§'5c;; æ:Qï:8 :5!!!21õ !~ð£ E'> ë!!! 8 K ~Æ · cIi -¡¡¡ j 10 E 0. ~ õ ~ .~ ~ 1:1 c;; 10 5 ö:I u s "8 ~ g! 13 « c;; .9 S~ !I1èñ :¡:J .c;; >- >-11i1ii c;;c;;..... 10 0 co Ë~ tJ 8-¡¡;: -",2< 5 53 I!! · E co s & g rg 10 g! -g æ B ~:!(/) · · · · T ABLE OF CONTENTS Page TABLE OF CONTENTS 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 I 7. 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. Article 31. Article 32. Article 33. Article 34. Article 35. Article 36, Article 37. Article 38. Article 39. Article 40. Definitions Term Of Agreement Services Provided By The Contractor Service Billing And Collection Compensation And Rates Diversion Requirements Service Units Sfd Collection Services Mfd Collection Services Commercial Collection Services City Collection Services Collection Routes Minimum Performance And Diversion Standards Collection Equipment Contractor's Office Other Services Emergency Service Provisions Record Keeping And Reporting Requirements Nondiscrimination Prevailing Wages And Worker Retention Service Inquiries And Complaints Quality Of Performance Of Contractor Performance Bond Insurance Indemnification Default Of Contract Modifications To The Agreement Legal Representation Financial Interest Contractor's Personnel Exempt Waste Independent Contractor Laws To Govern Consent To Jurisdiction Assignment Compliance With Laws Permits And Licenses Ownership Of Written Materials Waiver Prohibition Against Gifts 2 10 11 20 22 25 26 27 29 32 33 35 36 36 39 40 42 42 45 45 46 47 50 51 53 54 57 58 58 59 59 59 60 60 60 61 61 61 61 61 DOCSOAK-9735592.1·JLSMITH ·1 - TABLE OF CONTENTS · (continued) Page Article 41. Point Of Contact 62 Article 42. Notices 62 Article 43. Transition To Next Contractor 62 Article 44. Contractor's Records 63 Article 45. Entire Agreement 63 Article 46, Severability 63 Article 47. Right To Require Performance 64 Article 48. All Prior Agreements Superseded 64 Article 49. Headings 64 Article 50. Exhibits 64 Article 51. Effective Date 64 Exhibit I Compensation And Rates 67 Exhibit 2 Compensation Adjustment Mode] 74 Exhibit 3 City Service Units 78 Exhibit 4 Collection Service Performance Bond 79 Exhibit 5 Approved Subcontractors 80 Exhibit 6 City Sponsored Events 81 · · DOCSOAK·8735582, '·JLSMITH -11- · · · 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 WHEREAS; the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ("Act") and subsequent additions and amendments (codified at California Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and require local agencies to màke adequate provisions for Solid Waste Collection within their jurisdiction; and, WHEREAS; the State of California has found and declared that the amount of Solid Waste generated in California, coupled with diminishing landfill space and potential adverse environmental impacts from landfilling and the need to conserve natural resources, have created an urgent need for State and local agencies to enact and implement an aggressive integrated waste management program. The State has, through enactment of the Act, directed the responsible State agency, and all local agencies, to promote disposal site diversion and to maximize the use of feasible Solid Waste reduction, re-use, recycling, and composting options in order to reduce the amount of Solid Waste that must be disposed of in disposal sites; and, WHEREAS; the City finds that the voters of Alameda County, through the Alameda County Source Reduction and Recycling Plan required by the Waste Reduction and Recycling Act of 1990 (Measure D), have adopted a policy goal to reduce the total quantity of Solid Waste landfilled in Alameda County by diverting seventy five percent (75%) of the materims generated in Alameda County from landfills by 2010; and WHEREAS; under Chapter 5.32,130 of the City's Municipà1 Code, the City has the authority to issue an exclusive ITanchise to a Contractor to provide for the Collection of Solid Waste and Organic Materials; and WHEREAS; pursuant to California Public Resources Code Section 40059(a) as may be amended from time to time, the City has determined that the public health, safety, and well-being require that an exclusive right be awarded to a qualified Contractor to provide for the Collection of Solid Waste, Recyclable Materials, and Organic Materials, except for Collection of materials excluded in the City's Municipal Code, and other services related to meeting the Act's 50% Diversion goal and other requirements of the Act; and, WHEREAS; the City further declares its intent to regulate Contractor's compensation and set the rates Contractor will charge customers for the Collection, transportation, processing, recycling, compo sting, and/or disposal of Solid Waste, Recyclable Materiàls, Organic Materials; and 1 OOCSOAK·9735592,1·JLSMITH 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 for processing, recycling, compo sting andlor 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 for processing, recycling, compo sting 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 mutuàl 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 1st to June 30th 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 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 . 2 DDCSOAK·9735592.1·JL$MITH · · · consist of, but are not limited to, human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, sharps, contaminated clothing and surgical gloves. 1.06 Brown Goods, Electronic equipment such as stereos, televisions, VCR's, FDA'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 Collection Service, Large Item Collection Service, Neighborhood Cleanup Service, and Special Event Collection Service. 1.10 City Organic Collection Service. The Collection of Organic Waste, by the CONTRACTOR, ITom City Service Units in the Service Area and the delivery of that Organic Waste to the Organics Processing Facility. 1.11 Citv 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 Recovery Facility. 1.12 Citv Representative. That person, or their designee, designated by the CITY to administer and monitor the provisions ofthis 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 resulting from the normal activities of a City Service Unit. City Waste must be generated by and at the City Service Unit wherein the City Waste is Collected and does not include items defIned herein as Exempt Waste. 1.15 City Solid Waste Collection Service. The Collection of Solid Waste by the CONTRACTOR, ITom 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 transported to a Disposal Facility, Organics Processing Facility, Green Waste Processing Facility or Materials Recovery Facility, as appropriate. 1.17 Collection Service. 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. 3 DOCSOAK·9735592, ,·JLSMITH 1.19 Commercial Organic 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 Organic Service Unit. Commercial Organic Waste 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 Organic 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, tàke-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 Recvcling 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 Commercià1 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 Composting. 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 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 . an appropriate facility. 4 DOCSOAK·9735592.1·JLSMITH · · · 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 Countv. 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 Facilitv. The ?? Disposal Site owned by??, located 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 Dwelling 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, concrete, 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 Garbage Bin. A metal or plastic 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 garbage truck, that is 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 Cart. 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. 5 DOC:SOAK·973~592,1·JLSMITH 1.41 Green Waste. Any vegetative matter resulting from normàl 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 vegetative 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 pennitted 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 ITom 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 unites) 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 Large 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, 1.4 7 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. 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 6 DOCSOAK-973~5.2.1-JLSMITH · · · legally permitted for the purpose of receiving, sorting, processing, storing, or prepanng 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 Recvcling Service. The Collection of Recyclable Materials, by the CONTRACTOR, from MFD 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. 1.52 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 AIea 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 Dwelling. 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 accumulation 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 Co11ection by the CONTRACTOR shall be limited to the equivalent of four hundred 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 reason for non-collection of materials set out by the Service Recipient for Collection by CONTRACTOR pursuant to this Agreement. 1.58 Organic Waste. Commercial Organic Waste and Residential Organic Waste. 1.59 Organic Waste Bin. A metàl or plastic 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 truck, that is approved for such purpose by the CITY. 1.60 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. 1.61 Organic Waste Processing 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 for sale, Organic Waste. 7 DOCSOAK·9735592.'-Jl.SMITH 1.62 Recvclable 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 :ITom time to time, . 1.63 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. 1.64 Recvcling 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. 1.65 Residential Organic Waste. Green Waste, food scraps and trimmings :ITom food . preparation, ftuit and vegetable waste, Stable Matter, contaminated paper such as pizza boxes, tàke-out food cartons (cardboard), paper towels, etc. that are separated at the source of generation for inclusion in the SFD Organic Collection Service program. 1.66 Residential Waste. Solid Waste, Green Waste, Residential Organic Waste, Large Items, Used Oil, and Used Oil Filters resulting from the 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. 1.67 Roll-Off Container, A metal container that IS normally loaded onto a motor vehicle and transported to an appropriate facility. 1.68 Rubbish. All refuse, accumulation of paper, excelsior, rags, wooden boxes and containers, sweep-ups and all other accumulations of a nature other than Garbage and Organic Waste, resulting :ITom 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 items herein defined as Exempt Waste. 1.69 Service Area. That area within the corporate limits of the City of Dublin. 1.70 Service Recipient. An individual or company receiving Collection Service. . 8 DOCSOAK·9735592.1-JLSMITH · · · 1.71 Service Unit. SFD Service Units, MFD Service Units, City Service Units, Commercial Service Units or Commercial Organic Service Units. 1.72 SFD Collection Service. SFD Solid Waste Collection Service, SFD Recycling Service, SFD Organic Collection Service, Large Item Collection Service, and Used Oil Collection Service, 1.73 SFD Organic Collection 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. 1.74 SFD Recvcling 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. 1.75 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. 1.76 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, 1.77 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 rrom septic tanks, grease traps, privies, or similar disposal appurtenances or any other such waste having similar characteristics or effects. 1.78 Special Event Collection Service. The Collection of Solid Waste, Recyclable Materials and other materials as appropriate at City-sponsored special events. 1.79 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. 1.80 Stable Matter. Manure and other waste matter normally accumulated and stables or in livestock or poultry enclosures. 1.81 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. 9 DOCSOAK·973ôôlJ2,1-JLSMITH 1.82 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. . 1.83 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, leàk-proof, has a screw-on lid and has a label designating it for use as a Used Oil Container. 1.84 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. 1.85 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 14) 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. 1.86 White Goods. Discarded refrigerators, ranges, water heaters, freezers, and other similar household appliances. . 1.87 Work Day. Any day, Monday through Saturday that is not a holiday as set forth in Section 3.09 of this Agreement. ARTICLE 2. Term of Agreement 2.01 Initial Tenn. The initial term of this Agreement shall be for a seven (7) year period beginning July I, 2005 and terminating on June 30,2012. 2.02 Extension of Term. The CITY PARTIES shall have the sefe-..option to extend this Agreement for one (1) additional three (3) year period on mutually agreed-to terms. Provided the City Manager determines tha{ the CONTRACTOR has met the minimum performance and diversion requirements, as set fDrth .^.rticle 13, the CITY may elect to exercise this option by gi':ing ""ritten notice to CONTRl\CTOR on or about July 1, 2011. If the term of this Agreement is extended, the oompensation provisions of Article 5 shall not be suhject to negotiation. However, the compensation payable to CONT~\CTOR shall be adjusted annually thrOUghOl:lt the extended term as provided in Article 5 . 2.03 Voiding 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 ofthis Agreement. . 10 DOCSOAK-9735592.1-JlSMITH · · · 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 Exclusive Agreement. 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; 3.02.4 Containers delivered for Recycling under the California Beverage Container Recycling Lietter 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; 11 DOCSOAK-Q735SQ2. '-JLSMITH 3,02.10 screenings; and By-products of sewage treatment, including Sludge, ash, grit 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 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 Collection 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 Davs 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 12 DOC$OAK-9735592.1-JL$MITH . .; . 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 tàke 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 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 which is attached to and included in this Agreement or as may be adjusted by the CITY as provided under the terms of this Agreement. 13 DOCSOAK-9735592.1-JLSMITH 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 shàll 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 (I) 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. 3.07.5 Ownership of Carts. Ownership of carts shall rest with the CONTRACTOR, except that ownership of carts in the possession of a Service Recipient at the end of this Agreement shall rest with the CITY which shan pay CONTRACTOR Net Book Value for any said carts that have not been fully depreciated. At its sole discretion, CITY may elect not to exercise its rights with regards to this Section and in such case the carts shall remain the property of the CONTRACTOR upon termination of this Agreement. In this event, CONTRACTOR shall be responsible for removing all carts in service from the Service Area--anà- reusing or Recycling such oarts. . 3.07.6 (See Response to Addendum I )Ownership of Bins. Ownership of bins distributed by the CONTRACTOR shall rest with the CONTRACTOR oxoept in the case of th6 termination of the Agreement prior to the expiration of the initial term or optional extension term due to the defffi:llt of the CONTRl\CTOR. Under such circumstanoes, the bins shall, at the sole option of the CITY and at no additional oost to the CITY, become the property of the CITY and CONTRACTOR shall submit to the City Reprosøntati"e an inventory of bins, including their looations, together with all proof of O\vnership, and shall take all steps neoessary to transfer ownership to CITY. 3.07.7 (See Response to Addendum I )O\vnership of Roll Off Containers. O\vnership of Roll Off Containers distributed by the CONT~\CTOR shall rest with tho CONT~\CTOR exoept in the case of the tormination of the Agreement prior to tho oxpira-tion of the initial term or optional extension term due to tho dofault of the CONTRACTOR. Under such circumstances, the containers shall, at the sole option of the CITY a-nd a-t no additional cost to tho CITY, become tho property of the CITY and CONTRACTOR shall submit to the City Representative an inventory of containers, including their looations, together with all proof of ownership, and shall take all steps necessary to transfer ownership to CITY. 3,07.8 Annual Cleaning. No more than QQnce each Agreement Year, at the customer's request and 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. 14 DOCSOAK·9736692,'·JLSMITH . .' . 3.07.9 Organic Waste Pails. As requested by the Service Recipient, CONTRACTOR shall provide each SFD Service Unit with a pail for use in the kitchen that is 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 Organic 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 Cart or Bin. The size of the container shall be dete1111ined by the Service Recipient and the CONTRACTOR. CONTRACTOR shall be responsible for the normal 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 perfonnance 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 1st 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 n01111ally scheduled Friday Collection Services being perfonned 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 Processing. 3,10.1 Disposal Facilitv. 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 Facilitv. 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 15 DOCSOAK·97355Q2.1·JLSMITH 22 of this Agreement and may result in the CONTRACTOR being III default under this . Agreement. 3.10.3 Org:anic 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 CONTRACTOR shall transport and deliver the Organic Material to such other legally permitted facility as is approved by CITY. Providing it or any affiliate owns and/or operates the processing facility';"~ CONTRACTOR shall ensure that àll Organic Waste-Collected pursuant to this Agreement, except residue resulting rrom processing, is diverted rrom 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. 3.10.4 Large Item Processing and Disposàl. CONTRACTOR shall process and Dispose of Large Items Collected rrom Service Units pursuant to this Agreement in accordance with the following hierarchy: 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 tàke Large Items Collected pursuant 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 oostCONTRACTOR shall be compensated for transportatoin and handling costs. 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 16 DOCSOAK·9735592,'·JLSMITH · · · Oil or Used Oil Filters require disposal as a Hazardous Waste, CONTRACTOR shall dispose of such Used Oil or Used 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 Segregation of Used Oil. CONTRACTOR shall keep all Used Oil and Used Oil Filters Collected pursuant to this Agreement segregated from other materials. 3.11 Recvcling - 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 Recye1able Matorials are contaminated through oommingling with Solid Waste, the CONTRi\CTOR shall, if practical, separate the Solid Waste from the Recyclable Materials. The Recyolable Materials shall then be Collected and the Solid Vi aste shall be left in the Recycling Cart or Bin along v:ith a Non Collection CONTRACTOR shall, if it does not collect the material. provide a non-collection Notice explaining why the Solid Waste is not considered a Recyclable Material. However, in the event the Recyclable Materials and Solid Vll1sto are commingled to the extent that they car.not easily be separated by the CONTRACTOR or the nature of the Solid ¥l a.ste renders the entire Recycling Cart or Bin contaminated, the CONTRACTOR '.villleave the Reoyoling Cart or Bin l:lll omptied along with a Non Collection along with a Notice that contains instructions on the proper procedures for setting out Recyclable Materials. 3.12 Recycling ~ Changes 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. 3.13 Handv 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 I 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 detennined 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. 17 DOCSOAK·Q735592, 1 ·JLSMITH 3.14 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. 3.15 Commingling of Materials. 3.15.1 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. 3.15.2 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 unless for purposes of processing or Disposal without the express prior written authorization of the City Representative. 3.15.3 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 unless for purposes of processing without the express prior written authorization of the City Representative. 3.16 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 rrom 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 shà11 immediately, at the time of occurrence, clean up such spilled or dropped materials. 3.16.1 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. 3.16.2 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 rrom the street surface. When necessary, CONTRACTOR shall apply a suitable cleaning agent to the street surface to provide adequate cleaning. 3.16.3 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. 3.16.4 To facilitate such cleanup, CONTRACTOR'S vehicles shall at all times . carry sufficient quantities of petroleum absorbent materiàls along with a broom and shovel. 18 DOCSOAK·9735592.1·JLSMITH · 3.17 Ownership of Materials. 3.17.1 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. 3.17.2 Title to material Collected as part ofthe Neighborhood Clean-up Service or Special Collection 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. 3.18 Hazardous Waste Inspection and Handling Program. 3.18.1 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. 3.18.2 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. · 3.18.3 Response to Hazardous Waste Identified during 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 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: 19 OOC$OAK·9735592.1-JLSMITH Email Address: . 3.18.4 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. 3.18.5 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. 3.19 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. 3.20 Transition. CONTRACTOR understands and agrees that the time between the formal Agreement signing and July I, 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, establishlbuild 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". ARTICLE 4. Service Billing and Collection 4.01 CITY'S Responsibilitv 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; . 20 DOCSOAK-8735582, '·JLSMITH · · · . 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 rrom 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 ftom 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 Responsibilitv for Billing and Collection. 4.01.3.1 SFD Service Units. Costs of additional or larger Garbage 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 minjmum service property tax assessment has been finà1ized. 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 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 who have received Collection Service and whose accounts are over one-hundred twenty (120) days past due. The CONTRACTOR may tàke 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!o 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 rrom bank account. 4.04 CONTRACTOR'S Payments to CITY. CONTRACTOR shall màke payment to the CITY of a franchise fee, 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 revenues are collected. Each such payment shall be accompanied by an 21 DOCSDAK·9735592,'·JLSMITH 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 (net of all governmental fees) collected each month under the terms of this Agreement. Revenue received by the CONTRACTOR from the sale of recyclable materials and from related CRV payments shall be considered as gross revenues for purposes of the calculation of rranchise fees. The franchise fee percentage shall be twelve and sixth-tenths percent (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 (net of all governmental fees) collected each month under the terms of this Agreement. Revenue received by the CONTRACTOR from the sale of recyclable materials and rrom related CRV payments shall be considered as gross revenues for purposes of the calculation of administrative fees. 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 construed 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 roasonable costs and expenses incurred in connection \vith the audit and reeompilation within ten (10) days of receipt of written notice from CITY that such is the easeunless CONTRACTOR contests the audit results in which case CONTRACTOR and CITY shall meet and confer in g:ood faith to resolve said dispute. If the parties cannot resolve the dispute through this process, each shall be entitled to seek any and all available remedies. If, after audit, such recompilation indicates an overpayment, CITY shall notify llliY.-the CONTRACTOR in writing of the amount of the overpayment within thirty (30) days,. less costs and m(pønsøs incurred in connection with the audit and røcompilation. 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 1 to 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 22 DOCSOAK·9735592.1·JLSMITH · · · 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 Adjustments. 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 Adjustments to Collection Compensation Element. The Collection Compensation Element adjustment consists of two (2) factors, the Refuse Rate Adjustment (RR!) factor and the annual growth (AG) factor. 5.05.1.1 RRl Factor. The RRl factor shall be the loss or of fivo percent (5%) or the sum of the weighted percentage change in the Annual Average of each RRl index number between the second (2"d) 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 RRl indices for the year ended December 31,2004 (the second (2nd) preceding càlendar year) and the Annual Average of the RRl 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. 5.05.1.2 Annual Growth Factor. The AO factor for the first (1st) compensation adjustment shall be the percentage change in the beginning Calculated Revenue and the ending Calculated Revenue. 5.05.1.3 Calculated Revenue shall be the sum of the product of the Collection Service event data multiplied by the appropriate Service rate. Cà1culated Revenue for the first (1St) month of the Agreement Year shall be calculated using the Collection Service event data and rates as of that month and Calculated Revenue for the sixth (6th) month of the Agreement Year shall be calculated using the Collection Service event data for the sixth (6th) month and the rates as of the first (1St) month as shown on Exhibit 2. 5.05.1.4 Collection Compensation Element Adiustment. The annual Collection Compensation Element adjustment shall be calculated by multiplying the Collection Compensation Element times one (1) plus the sum of the RRl factor and the AG 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, (A TF), factor and annual tonnage, (AT), factor. 5.05.2.1 Approved Tip Fee Factor. The ATF factor shall be the percentage change in the approved tip fee of the Disposal Contractor in effect during the first 23 OOCSOAK·9735592,1·JLSMITH (1St) month of the then current Agreement Year and the approved tip fee to be effective on the first (1St) day of the subsequent Agreement Year. Therefore the first (1st) 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 Tonnage 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 I, 2006, the Prior Calculated Tonnage shall be the tonnage figure submitted by the CONTR.J\CTOR as set forth in Exhibit 1 to this Agreement. For à11 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 Agreement Year divided by six (6) and multiplied by twelve (12). 5.05.3 Disposal Compensation Element Adjustment. The annual Disposal Compensation Element adjustment shall be calculated by multiplying the Disposal Compensation Element times one (I) plus the AT factor as shown in Exhibit 2. 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 Adjustment. 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 ofthe 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 I, 2006, CONTR.J\CTOR shall deliver to CITY financial infonnation 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 infonnation 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 mllY be further revised by CITY rrom time to time. 5,07 Collection Service Event Data. On or before August 20, 2005 and monthly thereafter during the term of this Agreement, CONTRACTOR shall deliver to CITY, Collection Service event data consisting of the number of Collection Service events provided to SFD, MFD . and Commercial Service Units during the preceding month. A Collection Service event shall be 24 OOCSOAK-9735592,1-JlSMITH · · · any service above the Minimum SFD Collection Service minimum service billed by the City. The data shall be segregated by type of service and as appropriate, container size, number of containers and frequency of Collection. 5.08 Tonnage 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 the extent practical. 5.09 Rounding. 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 màking adjustments. The indices shall be truncated at four (4) decimal places for the adjustment calculations. 5.10 Extraordinary Circumstances. If CONTRACTOR for reasons within its control 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 delayed for that time during which said reports were not provided 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 CONTRJ\.CTOR to the satisfaction of the City Reprosentative, CITY, at its sole disøretion, m-ayshall consider the request for the annual Collection Compensation Element adjustment. 5.11 Extraordinary Adiustment. 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 and which, by all reasonable expectations will continue for a period of at least six (6) months. CONTRACTOR'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 màking 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 all other additional information required and requested by the CITY. In the event CITY denies the request. CONTRACTOR may pursue all available remedies. 5.12 Calculation of Service Rates, CITY shall calculate those rates that it deems appropriate so long as the revenue forecasted to be received by CONTRACTOR ftom charging such rates oan rcasonably be expected to provideâ the compensation to the CONTRACTOR as calculated in Section 5.05 above. 5.13 Compensation Variances. CONTRACTOR shall retain any compensation in excess of that calculated in Section 5.05 above and shall not be entitled to any additional revenues if compensation is less than calculated in Section 5.02 above. 25 DOCSOAK-9735592,1·JL5MITH ARTICLE 6. Diversion Requirements . 6.01 Minimum Requirements, The CITY requires the CONTRACTOR to achieve a minimum annual diversion rate of fifty percent (50%), or such other amount as may be set in accordance with the provisions of Article 27 of this Agreement, over each Calendar Year beginning January I, 2006. The annual diversion rate will be calculated as "the tons of materials Collected from the provision of Collection Services that are sold or delivered to a recycler or reuser, as required by this Agreement, divided by the total tons of materials Collected 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 all 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 . 7.01.3 Commercial Service Units 7.01.4 Commercial Organic Service Units 7.01.5 City Service Units 7.01.5 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 ServiceUnit Changes. The CITY and CONTRACTOR acknowledge that during the tenn 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 fÌ'om 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 ftom the CITY. CONTRACTOR shall not begin Collection Service without written authorization ftom the CITY. . 26 DOCSCAK-973óÓ92.'-JLSMITH · · · 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. terms and conditions: These services shall be governed by the following 8.01.1 Conditions of Service. The CONTRACTOR shall provide SFD Collection Service to all SFD Service Units in the Service Area whose 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 Solid Waste, Recyclable Materials, and Residential Organic Waste to a SFD Service Unit if all adult Service Recipients residing therein have proven disabilities that prevent them rrom 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 8.06 and 8.07, 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 Collection Service, SFD Recycling Service, SFD Organic Collection Service, and 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 Materià1, or Organic Waste that is not placed in a cart. In the event of non-collection, CONTRACTOR shàll affix to the cart a Non-Collection Notice explaining why Collection was not made. CONTRACTOR shall maintain a copy of such notices during the term of this Agreement. 8.05 Overages. Corrugated cardboard not to exceed 3 feet by 3 feet that will not fit inside the Recycling Cart may be plaoed bundled beside the Recycling Cart. 27 DOCSOAK-97:15592.1-JLSMITH 8.06 Curbside Christmas Tree Collection. CONTRACTOR shall Collect Christmas trees fÌ'om all SFD Service Units to supplement, but not replace, 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 scheduled 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) different 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 Roll-Off Containers until the third (3'd) 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. 8.07 Large Item Collection Service. This service will be governed by the following teID1S 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 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. 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 three (3) Work Days of receipt of the request. 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 28 DOCSOAK·9735592,1·JL.SMITH · · · 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 fÌee 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, CONTRA.CTOR 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 each 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 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 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 leàked fÌom the Used Oil or Used Oil Filter Container, or which spills or leàks 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) quarts of Used Oil and two (2) Used Oil Filters. 8.08.4.1 At the time CONTRACTOR Collects Used Oil rrom 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 màkes 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 shall 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 carts 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 may be adjusted in a 29 DDC$DAK-9735592.1..JLSMITH manner agreed to between the Service Recipient and the CONTRACTOR as long as service is received a minimum of one (1) time per week. The size of the bin or cart and the :fi:equency (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 cart on a regular basis. . 9.01.3 Accessibilitv. CONTRACTOR shall Collect all Garbage Bins and Recycling Bins or 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 MFD 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 ITom 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 may notify the City Representative daily, either by Fax or e-mail, of all situations that prevent or hinder Collection ITom 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 Røcye1able Matorial is outside the bin or cart as û rosult of ovorflow. 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 ITequency 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 Col1ection 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 30 DOCSOAK·9735592.1·J~SMITH · 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 tenns of this Agreement. 9.02.2 Frequencv of Service. Large Item Collection Service shall be provided within three Work Days of receipt of the request. 9.03 Used Oil and Filter Collection Service, This service will be governed by the following tenns 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 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. 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 or Recycling 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 may be adjusted in a manner agreed to between the Service Recipient and the CONTRACTOR as long as service is received a minimum of one · (1) time per week. 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 Container 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 in 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 leàked from the Used Oil or Used Oil Filter Container, or which spills or leàks 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, 31 DOCSOAK"Q7355QZ.1-JL$MITH 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 Collects Used Oil from a MFD Service Unit, CONTRACTOR shall, at CONTRACTORS sole cost and expense, leave at the premises one (1) Used Oil Container for each Used Oil Container Collected and one (I) 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 màkes it inappropriate for re-use. ARTICLE 10. Commercial Collection Services 10.01 Commerciàl Collection Services. following terms and conditions: These services will be governed by the 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 as set forth in Section 10.01.3. CONTRACTOR shàll provide Commercial Organic Collection Service to all Commercial Service Units and Commercial Organic Service Units in the Service Area whose Commerciàl 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 Frequencv 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 may be adjusted in a manner agreed to between the Service Recipient and the CONTRACTOR as long as service is received a minimum of one (1) time per week. 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 Accessibilitv. 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 may 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 So]jd '\Taste or Recyclable Material is outside the bin or oart as a rcsult of 32 DOCSOAK·9735592,1·JLSMITH · · · ovorflow._ 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. 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 màke 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 11. 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 Collection Service and Large Item Collection Service to all a specified number of CITY Service Units in the Service Area identified in Exhibit where the bins and carts are accessible as set forth in Section 11.01.3. Anv additional CITY Service Units beyond those identified in Exhibit shall be billed at established rates. 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 may be adjusted in a manner agreed to between the Service Recipient and the CONTRACTOR as long as service is received a minimum of one (I) time per week. 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 Accessibilitv. 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 may notify the City Representative daily, either by Pax or e-mail, of all situations that prevent or hinder Collection from any CITY Service Unit. 33 DOCSOAK·9735ó92, '-Jl5MITH 11.02 Large 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 specified 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 yards 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 three (3) Work Days of receipt of the request. 11.03 Neighborhood 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 up to a maximum of a total of five (5) events annually with a total of two (2) Roll-Off Containers each. Each clean-up event shall 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 tho Roll Off Containers are available for Neighborhood Cloan Up Services. At such time as the Roll Off Container is full, but not later than At the end of the Neighborhood Clean-Up Service day, providing it occurs on a weekday. 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. In the event the Clean Up concludes on a weekend dav. it shall be picked UP on the next business day. 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 sl'ecified 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. The location and number of containers are specified in Exhibit . This service shall include the Collection of Frequency of Collection may be designated by the CITY, not to exceed six (6) times per week per container. . 34 DDCSOAK·G7355G2,'·JlSMITH · · · CONTRACTOR shall provide this service at no additional cost to CITY. Additional containers beyond those identified in Exhibit shall be billed at established rates. 11.05 CITY Sponsored Events. CONTRACTOR shà11 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 màke a good faith effort to minimize waiting time for residents participating 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. 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, andlor Organic Material is accumulating; and (ii) the address, or other location description, at which Solid Waste, Recyclable Material, and/or Organic Material has been 35 DOCSOAK·9735592.1-JLSMITH 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 Changes. 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 fonnat that is 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 route 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 implementation. CITY recognizes that routing and route maps are proprietary to CONTRACTOR and constitute trade secrets protected ftom disclosure under the California Public Records Act, Government Code Section 6250, and the CITY shall take all steps necessary to prevent said disclosure and shall return all original and copies of said maps and routing information to CONTRACTOR upon . termination of this Agreement. 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 audits. ARTICLE 13. Minimum Performance and Diversion Standards 13.01 Agreement 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 diversion 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 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 mmlrnum diversion standards, . CONTRACTOR must divert fifty percent (50%), or such other amount as may be set in 36 DOCSOAK-Q7355a2, '-JLSMITH · · · accordance with the provisions of Article 27 of this Agreement, 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 Genera] Provisions. All equipment used by CONTRACTOR in the performance of services under this Agreement shall be QfJhe highest applicable commercial 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 leàking, 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 Collection Service vehicles utilized by CONTRACTOR pursuant to this Agreement shall provide fully-automated Collection Service except where such service is not feasible because of topographic or other physical factors. Where fully-automated Collection Service is not feasible, CONTRACTOR shall consult with the City Representative regarding the 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 wntlllg by the City Representative on an individual vehicle basis, CONTRACTOR shall 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. 14.01.6 Safety Markings. 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 Signage and Painting, Collection vehicles shall be painted and numbered consecutively without repetition and shàll have the CONTRACTOR'S name, CONTRACTOR'S customer service telephone number, and the number ofthe vehicle painted in 37 DOCSOAK·Q735592,1·JlSMITH 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 àll 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 July I, 2005. 14.01,8 Bin Signage. Painting. and Cleaning. All metal bins of any service type furnished by the CONTRACTOR shall be either painted or galvanized. All 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 ftequently 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 detennination 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 Registration. Licensing and Inspection. On or before July 1, 2005 and annually thereafter during the tenn of this Agreement, 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. 14.04 Equipment Maintenance. CONTRACTOR shall maintain Collection equipment in a clean condition and in good repair at all 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 Log, CONTRACTOR shall maintain a maintenance log for all Collection vehicles. The log shall at all times be accessible to CITY by physical inspection upon request of City Representative, and shall show, at a minimum, 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 38 DOCSOAK·9731;592,1·jlSMITH · · · 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 annually to the CITY or more often at the request of the City Representative. 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 (I) 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 Weights. 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 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 the date the tare weight was determined. CONTRACTOR shall, at least every two (2) years, have the Disposal Contractor reweigh and revise tare weights for aU CONTRACTOR'S vehicles used to deliver Solid Waste and other materials to the Disposal Facility. 14.06.1 When new vehicles are placed into service and immediately after any significant repairs to vehicles by the CONTRACTOR, the CONTRACTOR shall 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 shml 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 Day. The CONTRACTOR shall provide either a telephone answering service or mechanical device to receive Service Recipient inquiries during those times when the office is closed. Cà1ls received after normal business hours shall be addressed the next Work Day morning. 39 DOCSOAK-9735592,1-JlSMITH 15.01.1 Emergency 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 Multilingual/TDD Service. CONTRACTOR shall at all times maintain the capability of responding to telephone calls in English and such other languages as CITY and CONTRACTOR mutually agree uponmay 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 Recipient Calls. 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 five (5) rings. Any call "on-hold" in excess of one and one half (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 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 màke minimum of three (3) attempts within twenty-four (24) 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 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, Recyclable Materiàls and Organic Materials specifications, Collection Service schedules 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 site shall provide the public the ability to e-mail complaints to CONTRACTOR. ARTICLE 16. Other Services 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 31 st 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. . 40 DOCSOAK·9735592, '-JLSMITH · · · 16.01.1 Public School Education Programs. 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 district, as well as general concepts of source reduction, reuse, recycling and Compo sting. 16,01.2 Recycling 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 logo 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. 16.01.3 Multi-Lingual Education Materials. The CONTRACTOR shall develop a multi-lingual approach to preparing all public education materials required in this Section. The multi-lingual approach 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 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 minimwu; 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. 16.03 Compost Give-Back. Providing it or an Affiliate owns and/or operates the processing facility. CONTRACTOR shall màke 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; and (ii) bulk compost for distribution to CITY residents at one (1) recurring annual compost give-away event. 16.03.1 Bulk Compost for CITY. Providing it or an Affiliate owns andlor operates the processing facility. CONTRACTOR shall màke 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 tàke delivery of compost made available by CONTRACTOR within thirty (30) days of the end of the Agreement Year, CONTRACTOR'S obligation to deliver compost for said Agreement Year shall be deemed to be satisfied. 41 DOCSOAK·9735592. hJLSMITH 16.03.2 Bulk Compost for CITY Residents. Providing it or an Affiliate . owns and/or operates the processing facilitv. CONTRACTOR shall màke available bulk compost for distribution at one (1) recurring annual compost give-back event within the City of Dublin. CONTRACTOR shall work with the CITY Representative to determine the date and location of the give-back event. CONTRACTOR shall be responsible for à11 aspects related to planning, 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 shall also provide appropriate sealable plastic bags and shovels for residents who wish to obtain small amounts of materiaL 16.04 Additional Programs 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 the requested service or program, CITY shall have the right to procure the service of other vendors or contractors to provide the requested service. 16.05 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 issues likely to affect participation or Service Recipient perception of services, CONTRACTOR will discuss CONTRACTOR'S proposed response with the City Representative, . 16.05.1 Copies of draft news releases or proposed trade journal articles shall be submitted to CITY for prior review and approval at least five (5) Work 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. 16.05.2 Copies of articles resulting from media interviews or news releases shall be provided to the CITY within five (5) Work Days after publication. 16.06 Waste Generation and Characterization Studies. CONTRACTOR acknowledges that CITY must perform Solid Waste generation 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 exercises, 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 17.01 Emergencv Services. In the event of a tornado, major storm, earthquàke, fire, natural disaster, or other such event, the City Representative may grant the CONTRACTOR a . variance from regular routes and schedules. As soon as practicable after such event, the 42 DOCSOAK-9735592, '·JLSMITi'< · · · CONTRACTOR shall advise the City Representative when it is anticipated that normal routes and schedules can be resumed. The City Representative shall màke 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 additionà1 personnel, or work existing personnel on overtime hours to clean debris resulting from the event. The CONTRACTOR shall receive additional compensation, above the nonnal 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 Accounting Records. CONTRACTOR shall maintain ffill..; 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 in 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 as governed by Generally Accepted Accounting Principles in the accounts of the CONTRACTOR. Thesc rccords shall be soparate ûnd segregated from other records maintained by CONTRACTOR for the provision of other services ol:ltside the scope of this Agreement as may be provided by CONTR-.\CTOR. 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, Commercial and City Waste Collected and disposed under the terms of this Agreement, (ii) Recyclable Materials, by type, Collected, purchased, processed, sold, donated or given 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 Reporting Requirements. 18.03 Due Dates. Monthly reports shall be submitted no later than twenty (20) cà1endar days after the end of the reporting month. Quarterly reports 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. 43 DOCSOAK·Q735592,1·JL8MITH 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 Disposàl 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 (as required by Sections 5.07 and 5.08). All tonnage data should be compared to the corresponding tonnage data from the prior year comparable period. 18.04.2 Recvcling 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 ITom the prior year comparable period. 18.04.3 Organic Waste Data. Include average daily gross tons Collected and average daily number of set-outs. Indicate average participation rates relative to the totàl number of Service Units in terms of 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 Lop. 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 shall 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 ITom the prior year comparable period. 18.05.2 Public Education And Information Activities. CONTRACTOR shall report on all public education and infonnation activities undertaken during the period, including distribution of bill inserts, collection notification tags, community infonnation and events, school visits, tours and other 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 Recycling and Organic Waste Programs. Providing CONTRACTOR or an Affiliate owns andlor operates the processing facilitv. A~ 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. · 44 DOCSOAK·9736592,1-.)LSMITH · · · 18.05.4 Customer Service Data. A summary narrative of problems encountered with Collection and processing activities and actions tàken. Indicate type and number of NonMCollection 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 ofload 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. SUll1ffiary of each special event activity, (CITY sponsored or drop-oft) 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 Activities. CONTRACTOR shall provide a narrative of activities undertàken during the quarter and those planned or proposed for the upcoming quarter. 18.06 Annual Reports. The annuàl report to the CITY shall include: 18,06.1 Quarterlv Data. An 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 (2nd) Agreement Year, the CONTRACTOR shall include a historical comparison of the last Agreement Year and the average of all Agreement Years. 18.06.2 Recvcling Data. Providing CONTRACTOR or an Affiliate owns and/or operates the processing facilitv. !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. Also provide the total and location for residue Disposed. 18.06.3 Organic Waste. Providing CONTRACTOR or an Affiliate owns and/or operates the processing facility, !indicate the monthly totals of Organic Waste processed and sold including facility name and location, average price received per ton and total Organic Waste revenue received. Indicate total tons provided to CITY, to CITY residents or otherwise disbursed without compensation. Indicate number of Organic Waste Bins and Carts distributed by size and Service Unit type. Indicate number of "kitchen pails" and commercial indoor organic containers distributed. Also provide the total and location for residue Disposed. 18.06.4 Special Events. Provide a summary of each special event activity, (CITY sponsored or drop-oft) including; the name and date of the event, the Tonnage Collected, diverted and disposed by material type, and other services provided. CONTRACTOR shall also 45 DOC80AK·Q735S92, '·JLSMITH 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 (2"d) Agreement Year, the CONTRACTOR shall include 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 undertàken during the year and those planned or proposed for the upcoming year. CONTRACTOR shall provide information describing if the activity was undertàken 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 Reporting. 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. Nondiscrimination 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 origin, religion, maritàl status or sexuàl orientation. CONTRACTOR shall comply with all applicable local, state and federal laws and regulations regarding nondiscrimination, including those prohibiting discrimination in employment. ARTICLE 20. Prevailing Wages and 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 will be displaced from their employment. CONTRACTOR shall màke a good faith effort to offer employment to all 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"). Subject to any Labor Agreements then in place. Nnon- 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, CONTRACTOR 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 for at least one hundred eighty (180) calendar days after the Collection Service Start-up Date, except for just 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. 20.02 Prevailing Wages. Wages and benefits applicable to employees perfonning work under the Agreement shall not be less than those prevailing in Alameda County for comparable work. Either the CITY or the CONTRACTOR may apply to the Director of the California . 46 DOCSOAK·973õõ92.1-JlSMITH · · · Department of Industrial Relations for a determination of such prevailing wages and benefits, if the parties do not reach agreement on the amounts involved. 20.03 Subcontractors. Subcontractors shall be required to comply with the obligations set forth in Sections 20.01 and 20.02 above. ARTICLE 21. Service Inquiries and Complaints 21.01 CONTRACTOR'S Customer Service. All service inquiries and complaints shà11 be directed to the CONTRACTOR. A representative of the CONTRACTOR shall be available to receive the complaints during normal business hours. All service complaints will 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 shall apply 21.01.3 CONTRACTOR agrees that it is in the best interest of the CITY that all Solid 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 feasible. 22.02 Service Supervisor. CONTRACTOR shall assign a qualified 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 47 DOCSOAK·9735592,1·JLSMITH Agreement, and annually by July 1st of each subsequent Agreement Year during the tenn of this Agreement, and any other time the person in that position changes. The supervisor shall be physically available tolocllted in the Service Area and available to the City Representative through the use of telecommunication equipment at all times that CONTRACTOR 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 Damages. 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 22.03.1 CONTRACTOR agrees to pay (as liquidated damages and not as penalty) the following amounts: LIQUIDATED DAMAGES Item Amount a. Failure or neglect to resolve each complaint within the time set forth in this Agreement. $100.00 per incident per Service Recipient b. $1~00.00 per incident er location. Failure to clean up spillage or litter caused by CONTRACTOR. 48 DOCSOAK·9735592,1·JLSMITH · · · · · · . ...'. ·····L~Q{IID..4.îED n1\MA~ES ... .... .... ... Item .' ... }\.mouqt. ... ..... .. ., CONTRACTOR, per location. c. Failure to repair damage to customer property caused by $2:50G.00 per incident CONTRACTOR or its personnel. per location. d. Failure to maintain equipment in a clean, safe, and sanitary $100.00 per incident 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 documents $100,00 per incident and reports required under the provisions of this Agreement. per day UP to a maximum of $1.000.00. h. Failure to properly cover materià1s in Collection vehicles. $500,00 per incident. 1. Failure to display CONTRACTOR'S name and customer $100.00 per incident service phone number on Collection vehicles. per day. J. Failure to comply with the hours of operation as required by $100.00 per incident this Agreement. per day. k. Failure or neglect to complete at least ninety percent (90%) $-lf}~00.00 for each of each route on the regular scheduled Collection Service route not completed. WorkDay. 1. Changing routes without proper notification to the City $2:50G.00 per incident Representative. per day. m, Commingling Solid Waste with Recyclable Materials. $-1-;00250.00 per incident. n. Commingling of materials Collected inside and outside the $-1-;00250.00 per City of Dublin. incident. o. Failure to repair or replace damaged carts or bins within the $100.00 per incident time required by this Agreement. per day. 49 DOCSOAK-9735592. 1 -JLSMITH LIQUIDATEJ))A.MAGES p. Failure to deliver or exchange carts or bins within the time required by this Agreement. · $100.00 per incident per day, $+;00250.00 per day. $100.00 per incident per day. $1,000.00 per load $100.00 per incident per day. $5,OOG first failure $;ð 1,000 each subsequent failure !ill to $10,000. $~250.00 first delivery · q. Failure to provide adequate primary and alternate capacity to accept and process Recyclable Materials or Organic Waste. $;ð1,OOO each subsequent delivery up to $10.000. Shortfall of 0.001 %- 2%: $10,000. Shortfall of2.001 % or greater: $25,000 $100.00 per incident per day. 22.04 Procedure for Review of Liquidated Damages. The City Representatives 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. r. Failure to have CONTRACTOR personnel in proper unifonn. s. Disposal of Recyclable Materials or Organic Waste in the Disposal Facility without first obtaining the required pennission of the CITY. t. Failure to provide required communications equipment. u. Failure to deliver any Collected materials to the CITY approved Disposal Facility, Materials Recovery Facility, or Organic Waste Processing Facility, as appropriate, except as otherwise expressly provided in this Agreement. v. Delivery to the Disposal Facility of any Solid Waste Collected outside of the City boundaries of Dublin commingled with that Collected as part of this Agreement. w. Failure to meet the minimum diversion requirements ofthis Agreement (calculated per Agreement Year), x. Failure to meet vehicle noise requirements. 50 · DOCSOAK·9735592,1·JLSMITH · · · 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 detennination shall be final and CONTRACTOR shall submit payment to CITY no later than that tenth (lOth) day. Or at the sole option of CITY, if monies are owed to CONTRACTOR, CITY may deduct the liquidated damages from amounts otherwise due to CONTRACTOR. In the event CONTRACTOR submits a written request within ten (10) calendar days it shall have all available rights and remedies to contest the disposition of Liquidated Damages. 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 Perfonnance Bond, Within ten (l0) 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 fonn 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 shà11 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 à1ternative to the perfonnance 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. 51 DOCSOAK-973óó92,'·Jl.SMITH 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 1 "any auto", or code 2 "owned autos" and endorsement CA 0025. Coverage shall àlso include code 8, "hired autos" and code 9 "non-owned autos". 24.01.2 Workers' Compensation insurance 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. CONTRACTOR shall maintain insurance limits no less than: 24.02.1 Comprehensive General Liability: $3,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance with a generà1 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 approved by,the CITY'S Risk Manager. At the option of CITY, either: . the CONTRACTOR shall reduoe or eliminate suoh deductibles or self insured retention as 52 DOCSOAK·9735592.1·JLSMITH · · · respøcts CITY, its offioers, employees, agents and contractors; or CONTR1\.CTOR shall procure a bond guaranteeing payment of losses and relatød investigations, claim administration and defense expenses in an amOlmt specifiød by CITY'S Risk Mooagør. 24.04 Endorsements. The policies are to contain, or be endorsed to contain, the following provisions: 24,04.1 General Liability and Automobile Liabilitv Coverage. 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 the Contractor's obligations ooverage providød to the CITY, its officers, employees, agents, or contractors to cover an insured loss. 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 Coverage. Each insurance policy 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 Coverage. CONTRACTOR shall furnish CITY with copies of certificates of insurance and '.vith original endorsements affecting oorverage 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-copies of 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: CITY OF DUBLIN Risk Management 53 DOCSOAK·9735592.1·JLSMITH 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 Agreemont may be modified or waived by CITY'S Risk Manager, in writing, upon the request of CONTRACTOR if the CITY'S Risk Managor dotermines suoh modification or 'Naiver is in the best interest of CITY considering all relevant factors, including exposure to CITY. 24.09 Rights of Subrogation. All required insurance policies shà11 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 25. Indemnification 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 under this Agreement. 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 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 sHch defense and may elect instead to secure its OVlll attorneys to def-ønd any such action and the reasonable costs and Œ(penSes of such attorneys incurred in defending such action shall be payable by CONTRfLCTOR. Additionally, if CONTRACTOR, after receipt of '."ritten notice from the CITY, fails to make any payment due under this Agroomont to the CITY, CONT~\CTOR shall pay any reasonable attorneys' fees or costs incurred by the CITY in securing any such pa)'rnent from CONT~^..CTOR. Payment of any amount due pursuant to the foregoing indemnity shall, after receipt of written notice Ðyto CONTRACTOR ftom 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 màke payment of an amount so due and CONTRACTOR shall . promptly reimburse the CITY for same within thirty days or be subject to interest thereon at 6 54 DOCSOAK-9735592,'·JlSMI-rn . . .' percent per annum., together with interest thereon at the rate of 12~{' per annum simplo 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 undertàke 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 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 24 above. 25.05 Subcontractors. The CONTRACTOR shall require all subcontractors to enter into an Agreement containing the provisions set forth in the preceding subsection in 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 sete-negligence on the part of the CITY its officers or employees. 25.07 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, beyond normal wear and tear of the type associated with the services provided hereunder 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 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 anyone of the following events: 55 COCSOAK-9Y35592.1·JLSMITH 26.01.1 The CONTRACTOR shall take the benefit of any present or future insolvency statute, or shall màke 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 . 26.01.2 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 ofthe 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 receiver, trustee or liquidator shall tàke 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 liquidated damages 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 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 56 DOCSOAK·9735592,1·JLSMITH . . .' 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 performance of any of the covenants and conditions required herein to be kept and performed by the CONTRACTOR, in the opinion of tho CITY and regardless of '."hether the CONT~\CTOR 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 occurrence 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 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 direct 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. 57 OOCSOAK·973~~92,1·JLSMITH 26.05 TeTI11ination Cumulative. CITY'S right to terminate this Agreement is cumulative to any other rights and remedies provided by law or by this Agreement. . ARTICLE 27. Modifications to the Agreement 27.01 Agreement Modifications and Changes in Law. The CITY and the CONTRACTOR understand and agree that the California Legislature has the authority to màke comprehensive changes in Solid Waste Management legislation and that these and other changes in law 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 Municipal 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 Agreement shall be adjusted. Nothing contained 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 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. 27.02 City-Directed Changes. CITY may direct CONTRACTOR to perform additional services (including new diversion programs, additional public education activities, etc.), eliminate programs, or modify the manner in which it perfoTI11s existing services. Changes in the minimum diversion requirement set forth in Article 6 of this Agreement, pilot programs and innovative services, which may entail new Collection methods, targeted routing, different kinds of services, different types of Collection vehicles, and/or new requirements for Service Recipients are included among the kinds of changes which CITY may direct. CONTRACTOR shall be entitled to an adjustment in its compensation for providing such additional or modified services andbut not for the preparation of its proposal to perform such services. 27.03 Service Proposal. Within thirty (30) calendar days of receipt of a request for a service change from the CITY, CONTRACTOR shall submit a proposal to provide such service, At a minimum, the proposal shall contain a complete description of the following: 27.03.1 etc.). 27.03.2 etc.). 27.03.3 Collection methodology to be employed (equipment, manpower, Equipment to be utilized (vehicle number, types, capacity, age, Labor requirements (number of employees by classification). . 58 DOC$OAK-9735592.1-JL$MITl-i · 27.03.4 Type of carts or bins to be utilized. 27.03.5 Provision for program publicity, education, and marketing. 27.03.6 Five (5) year projection of the financial results of the program's operations in an operating statement format including documentation of the key assumptions underlying the projections and the support for those assumptions, giving full effect to the savings or costs to existing services, 27.04 CONTRACTOR acknowledges and agrees that CITY may permit other contractors or companies besides CONTRACTOR to provide additional Collection Services and such other services not otherwise contemplated if CONTRACTOR and CITY cannot agree on terms and conditions, including compensation adjustments, of such services in one hundred twenty (120) calendar days ITom the date when CITY first requests a proposal from CONTRACTOR to perform such services. 27.05 Monitoring and Evaluation. If the CITY requests, the CONTRACTOR shall meet with the CITY to describe the progress of each new program and other service issues. If applicable, CONTRACTOR shall document the results of the new programs on a monthly basis, including at a minimum the Tonnage diverted by material type, the end use or processor of the diverted materials and the cost per Ton for transporting and processing each type of material and other such information requested by the CONTRACTOR and/or CITY necessary to evaluate the performance of each program. · 27.05.1 At each meeting, the CITY and CONTRACTOR shall have the opportunity to discuss revisions to the program, The CITY shall have the right to terminate a program if; in its sole disoretion, the CONTRACTOR is not cost effectively achieving the specified program's goals and objectives. Prior to such termination, the CITY shall meet and confer with the CONTRACTOR for a period of up to ninety (90) calendar days to resolve the CITY'S concerns. Thereafter, the CITY may utilize a third party to perform these services if the CITY reasonably believes the third party can improve on CONTRACTOR'S performance and/or cost. Notwithstanding these changes, CONTRACTOR shall continue the program during the ninety (90) day period and, thereafter, until the third party tàkes over the program. ARTICLE 28. Legal Representation 28.01 Acknowledgement. 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 contract or 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, 59 DOCSOAK·973~õ92.1-JI.$MITH 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 material1y 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 nonnally come into direct contact with the 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 allowed 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 officer, agent, servant or employee of CITY. 60 DOCSOAK-9735592. '-JLSMITH · · · 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 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 ofthis Agreement. ARTICLE 34. Consent to Jurisdiction 34,01 The parties agree 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 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 said approval to not be unreasonably withheld. 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 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. 61 DOCSOAK·Q735592.1·JlSMITH 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 Municipal Code of the City of Dublin. . 36.02 CITY shall provide written notice to CONTRACTOR of any planned amendment to Chapter 5.32 of the Dublin Municipal Code that would substantià1ly 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 37. Permits and Licenses 37.01 Providing it or an Affiliate owns andlor operates the facility, 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 pennits, licenses and approvals upon the request of the City Representati ve. ARTICLE 38. Ownership of Written Materials 38.01 Unless as otherwise provided in this Agreement. or if said materials are protected from public disclosure on the grounds they are confidential. proprietary or trade secret. ^ª1l . 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 perfonned 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 does not apply to the format of such materials. CITY and CONTRACTOR agree to take all necessarv steps to protect from public disclosure material, documents or information that is otherwise protected from disclosure. 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 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. 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. 62 DOCSOAK-9735592,1-JlSMITH · · · 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 shàl1 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 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 for giving 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 jason.behrmann@ci.dublin.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 given to CONTRACTOR orally by telephone at CONTRACTOR'S local office with confinnation sent as required above 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 Services 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 63 DOCSOAK·9735592.1·JLSMITH Collection Services required under this Agreement; tàking all actions necessary to transfer . ownership of carts and bins, as appropriate, to CITY; including transporting 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. 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 five (5) 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 five (5) years, or for any longer period required by law, from the date of termination or completion of this Agreement. 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 48 hour 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 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 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. 64 DOCSOAK·9T355Q2.1·JLSMITH · · · 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 tàken 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 à11 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 trom 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. 0 1 This Agreement shall become effective at such time as it is properly executed by the CITY and the CONTRACTOR and the CONTRACTOR shall begin Collection Services, as covered herein, as ofJuly 1, 2005. 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: Title: Chairman of the Board, ATTEST: President, Vice President 65 DOCSOAK·973ó592,'·JLSMITH APPROVED AS TO FORM City Attorney By: By: Name Title: Secretary, Assistant Secretary, Financial Officer, Asst. Treasurer 66 DOCSOAK-97355Q2.1-JLSMITH · · · · EXHIBITS · · 67 DOCSOAK·973~~9.2,1·JLSMITH Exhibit 1 · City of Dublin, CA COMPENSATION AND RATES CONTRACTOR Compensation Agreement Year I 1. Collection Compensation Element $ 2. Disposal Compensation Tonnage Tons 3. Disposà1 Tipping Fee $ 4. Disposal Compensation Element $ 5. Container Compensation Element $ 6. Fee Compensation Element $ 7. Total $ · To be completed based on CONTRACTOR'S proposal · 68 DOCSOAK·97JÓÓ92, 1 ·JLSMITH · · · 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 Total Monthly Rate $ 0.0 Total Monthly Rate $ 0.0 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 96 Gallon Cart: $ 0.00 64 Gallon Cart: $ 0.00. 69 DOCSOAK·9735592.1·JLSMITH 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 fTequency of service, Rates include collection, disposal, and bin rental. Cu Y ds Frequency Base Rate Cu Y ds Frequency Base Rate I 1 $ 00.00 4 I $ 00.00 I 2 $ 00.00 4 2 $ 00.00 I 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 I $ 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: $ 00.00 Excess Bin Exchange Rate: $ 00.00 Excess Bin Cleaning Fee: $ 00.00 · 70 DOCSOAK·9735ð92.1·JLSMITH · · · Exhibit 1 (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 I pick-up ROLL-OFF CONTAlNERI COMPACTOR RATES Cost shown is on a per pick-up basis and is based upon the load not exceeding water level (Excess is charged the same rate). Additional miscellaneous charges may also apply. Rate Per Cubic Yard: Non-Compacted: $ 00.00 $ 00.00 Compacted: MISCELLANEOUS ROLL-OFF CONTAINER CHARGES Relocation of Container $ 00.00 per request Weekly Rental after 1 st Week $ 00,00 per week Cancel Auto Pick-up wlo Notice $ 00.00 HHW CLEANUP EVENT Rate per Ton over the first 20 Tons $ 00.00 per additional ton 71 DOCSOAK·9735592,1·JLSMITH Exhibit 1 (Cont) · City of Dublin, CA COMPENSA nON AND RATES EMERGENCY SERVICE RATES EMERGENCY SERVICE RATES - EMPLOYEES EMERGENCY SERVICE RATES - EMPLOYEES Page of Pages Labor Position Hourly Rate EMERGENCY SERVICE RATES - EQUIPMENT · Page of Pages Labor Position Make & Model Hourly Rate I I ¡ , To be completed based on CONTRACTORS proposal. · 72 DOCSOAK-9735592,1.JLSMITH · Operating Costs Labor: Fuel: Vehicle Replacement: · Vehicle Maintenance: · All Other: Exhibit 2 (Cont) City of Dublin, CA Compensation Adjustment RRI Financial Statement Format List all administrative, officer, operation and maintenance salary accounts. List payroll tax accounts directly related to the above salary accounts, List all fuel and oil accounts, List all Collection and Collection related vehicle depreciation accounts. List all vehicle lease or rental accounts related to Collection or Collection related vehicles. List all Collection or Collection related vehicle parts accounts. List all other expense accounts related to the services provided 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 unifonns; 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. 73 DOCSOAK-97355Q2,1-JLSMITH Exhibit 2 City of Dublin, CA Monthly Diversion Report Format 74 DDCSOAK·973óó92. '·JLSMlni · · · . . .i Exhibit 2 City of Dublin, CA COMPENSATION ADJUSTMENT MODEL Fee Compensation Element Example Collection Services Agreement Per Section 4.01.1 and 4.01.2 of the Collection Service Agreement" The franchise fee, (and administrative fee) shall be a percentage of CONTRACTOR'S gross revenue collected each month under the terms of this Agreement. Per Section 5.05.6 ofthe Agreement - " The Fee Compensation Element shall àlways 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. Calculation of fee compensation element after base compensation is known. Base Compensation before fees $1,000.00 Fee percentage on gross revenue 14.6% Calculation of fee, compensation element: Base compensation 1(I-fee percentage) ($1000.00/(1-.146) - (base compensation) = ($1000.001.854) - ($1000.00) Total compensation including fee Compensation element Proof: Gross Revenues from services Fee % Fees to City (14.6% x $1170.96) Gross Revenues from services Less Fees = Revenue to Contractor $170.96 $1.170.96 $1,170.96 14.6% $170.96 $1.000.00 75 DOCSOAK-97Jóó92,1-JLSMITH Exhibit 2 (Cont) City of Dublin, CA Compensation Adjustment Model Collection Service Events Monthly Cart Collection Service Events Service SFD MFD Commercial 35 Gallon Garbage Cart Weekly 35 Gallon Garbage Cart Twice Weekly 64 Gallon Garbage Cart 96 Gallon Garbage Cart 76 OOCSOAK·9735592.1·JLSMITH · · · · · · Exhibit 2 (Cont) City of Dublin, CA Compensation Adjustment Model Collection Service Events Monthly Bin Collection Service Events Cu Y ds Frequency Garbage Organic Cu Y ds Frequency Garbage Orc Monthly Bin Collection Service Events Cu Y ds Frequency Garbage Organic Cu Y ds Frequency Garbage Organic 1 1 4 1 1 2 4 2 1 3 4 3 1 4 4 4 1 5 4 5 1 6 4 6 2 I 6 1 2 2 6 2 2 3 6 3 2 4 6 4 2 5 6 5 2 6 6 6 3 1 7 1 3 2 7 2 3 3 7 3 3 4 7 4 3 5 7 5 3 6 7 6 Monthly Bin Collection Service Events Cu Y ds Frequency Garbage Cu Y ds Frequency Garbage 3 1 4 1 3 2 4 2 3 3 4 3 77 DOCSOAK·G73óó92.'·JLSMITH Exhibit 2 (Cont) City of Dublin, CA Compensation Adjustment Model Collection Service Events 78 DOCSOAK-9735592, '-JLSMITH · · · · · · Exhibit 3 City of Dublin, CA City Service Units Additional data will be provided at pre-proposal conference 79 DOCSOAK-973ó592.'-JlSMITH Exhibit 4 City of Dublin, CA Collection Service Performance Bond To be inserted after Agreement Award 80 DOCSOAK·a73óóQ2.'-JLSMITH · · · · Exhibit 5 City of Dublin, CA Approved Subcontractors To be completed based on CONTRACTORS proposal · · 81 DOCSOAK·9735592,1-.JLSMITH 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 I -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] 82 · · · DOCSOAK-9735592. '-JLSMITH · · · DOCSOAK-9735659,1-JLSMITH DISPOSAL SERVICE AGREEMENT Executed Between the City of Dublin and (Contractor) This day of 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 note 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 1989 (California Public Resources Code Section 40000, et seq.) à1so 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 màke adequate provision for at least fifteen (15) years of Solid Waste Disposàl 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, V.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 Facility for up to ten (10) (or twenty (20)) 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 Page 1 of 4741 COCSOAK·Q73565Q.1-JI..SMITH · · · 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 terms 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 Disposàl Services. WHEREAS, the CITY has entered into a Collection Service Agreement with (insert Company name) to provide Collection Services within the CITY. WHEREAS; the 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 tenus which are in the best interest of the CITY and its residents and businesses, tiling 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 tenus 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 defmition 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. Page 2 of 4741 DOOSOAK·9735659,1·JLSMITH 1.02 Agreement Year. Each twelve (12) month period from July 1st to June 30th, beginning July I, 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 removed from the 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 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 Facilitv. The (enter Disposal Site name) owned by (enter owner name) located in (enter facility 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 transfonnation facilities (including facilities using incineration, pyrolysis, distillation, gasification or biological conversion methods) through source reduction, reuse, Recycling and compo sting, 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 ofthe Guarantor). 1.13 Guarantv Agreement. The agreement contained in Exhibit 3, which is attached to and included in this Agreement, that is executed by the Guarantor guaranteeing the timely and full performance of CONTRACTOR's obligations. . Page 3 of 474'7 OOCSOI\K·973$B59,1-JLSMITH · · · 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 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 collected by the Collection Contractor through the provision of collection services. 1.17 Organic Waste, Green waste, food scraps and trimmings rrom food preparation, including but not limited to; fruit and vegetable waste, grain waste, dairy waste, meat and fish waste, and such items as non-recyclable or contaminated paper such as pizza boxes, tàke-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 rrom Solid Waste. 1.20 Recvclable 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); and aluminum foil and pans; and those materials added by the Collection Contractor. 1.21 Roll-Off Container. A metal container 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 Tonnage). A unit of measure for weight equivalent to two thousand (2,000) standard pounds where each pound contains sixteen (16) ounces. Page 4 of 474+ OOCSOAK·9735659.1·JLSMITH 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 Statžon), which is owned and operated by CONTRACTOR and located in (Insert City Where Transfer Station is Located), and shall be the facility where the Collection Contractor vehicles shà11 deliver and unload Solid Waste. . 1.25 Transformation Facilitv. 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 4.06.2 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 (Refer to Addenduml)E)(Íonsion. The CITY shall havo the option to extood this . Agreement, for up to one (1) ten (10) yenr 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. (Proposers 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.) 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) Disposàl Facility). The CONTRACTOR acknowledges that the CITY has no ability to direct individuals who self haul 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. . Page 5 of 474+ DQCSQAK·9735B59.1-JLSMITH · · · 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 material 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 Waste 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) Disposàl 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 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 pennits, licenses and approvàls upon the request of the City Representative. CONTRACTOR shall keep the CITY fully informed, in a timely manner, of its progress in securing pennits, 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 màke available, at all times, ten (10) years of Disposal Page 6 of 474+ DOCSOAK-9735659.1-JLSMITH 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 màke available ten (10) years of Disposal capacity, beyond June 30, 2015, and maintain competitive Disposal rates, 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. 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 Generàl. The CONTRACTOR shall provide Transportation services rrom 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 Page 7 of 4741- DOCSOAK-9735669,1-JL$MITH · · · 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 shà11 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 àll vehicles transporting Solid Waste from the Transfer Station in a manner approved 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 vàlid license, of the appropriate class, issued by the California Department of Motor Vehicles. CONTRACTOR shàll 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 Facilitv Operations. CONTRACTOR, at its cost and expense, shàll 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 à11 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. Page 8 of 4741 DOCSOAK·9n5eó9.1-JLSMITH 4.06 Davs 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 rrom 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 Emergency Services. In the event of a tornado, major storm, earthquàke, 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). 4.06.2 Holidays. CONTRACTOR shall not be required to 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 on average 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 vehicles 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 record inbound weights of all Collection Contractor vehicles when the vehicles arrive at the Disposal Facility. In addition, CONTRACTOR shall weigh and record outbound weights of such vehicles for which CONTRACTOR does not maintain tare weight information. CONTRACTOR shall provide each driver a receipt showing 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 Page 9 of 4747 DOCSOAK-97Jó5ó9,'-JLSMITH · transaction shall include documentation noting if the vehicle was directed to material recovery operations at the Disposal Facility. 4.09.2 Maintenance and Ooeration. CONTRACTOR shall maintain, in accordance with applicable law, at least two State certified 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 materiàls. CONTRACTOR shall operate such scales during facility receiving established in Section 4.06, provided that CONTRACTOR shall provide CITY with access to weighing information at all times and copies thereof on the Working Day on which the scale house is open. 4.09.3 Vehicle Tare Weights. 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 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 à11 Collection Contractor vehicles used to deliver Solid Waste to the ;al 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 shà11 promptly weigh such vehicles and determine the tare weight of each vehicle. Within ten (10) Work 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-weighing 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 shà11 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 three (3) Work Days 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 than twelve (12) hours. · 4.09.5 Estimates. Pending substitution of portable scàles 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 (3) deliveries, on the same day of the week, to the Disposal Facility, with the exception that the Tonnage estimated in Roll-off Containers shall be made by multiplying the estimated number of cubic yards of Solid Waste delivered per Roll-off 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 10 of 4741- DOCSOAK·973ó659,1-JLSMITH 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 ~ 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 scàles upon written request therefore by the CITY, within three (3 ) Work 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, all 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 rrom 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 to retain, Recycle, process, Dispose of, or reuse the Solid Waste. 4.12 Reiection 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. 4.12.2 Un-permitted Materials Handling 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 . Page 11 of474+ DOCSOAK·9735659,1-JlSMITH · · · 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 màkes 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, 4.14 Alternate Disposal Facility 4.14.1 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 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 Page 12 of 474-1 DOCSOAK·9735~9. '·JLSMITH Solid Waste to the transfer station or disposàl facility, and the then-current Disposal Rates in . effect under this Agreement. 4.14.2 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 shall, to the extent it is legally able to do so, offer to accept 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. CITY 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 shàll be effective thirty (30) calendar days after CITY has given notice. 4.15 Monthlv Report. Beginning on July I, 2005, and monthly during the tenn 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 of this Agreement and self-hauled Solid Waste. In addition, the monthly report shall include the following: 4.15.1 Tonnage information by material type for material accepted at the Disposal Facility. 4.15.2 Number and nature of rejected loads during the month; 4.15.3 Number and nature of occurrences in which CONTRACTOR identified Hazardous Waste inadvertently accepted; and, 4.15.4 Number and nature of any notice of violations. 4.16 Annual Report of Disposal Facilitv Activitv. Beginning September 1, 2006 and annually thereafter during the term 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 . Page 13 of 474+ DOCSOAK·9735659.1-JLSMITH · · · 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. 4.16.1 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. 4.16.2 The annual report shall include information on amounts of Solid Waste delivered to the Disposal Facility and Disposed, Recycled or Diverted and other information which the CITY may request in order to meet its obligations under the California Waste Management Act of 1989. 4.17 Closure and Post-Closure of Disposal Faci1itv. 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 Disposà1 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 Disposàl 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 màke 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. 4.18 Right to Enter Facilitv 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 Page 14 of 4741- DDCSQAK·9735659.1-JL$MITH 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 shàll 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 màke 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. 4.19 Provision of Emergency 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 twenty- four (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 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. ".20Modifications to Scope of Service 4 .20.1 General. CITY may direct CONTR.t\CTOR to perform additional servioes . (inoluding, but not limited to, performanoe of additional resource recovery activities) or modify the manner in '.vhich 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. 4.20.2Proposal for Modification of Services. ~Tithin sixty (60) oalendar 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: 1.20.2.1 Methodology to be employed (changes to equipment, manpower, staffing, etc.). 1.20.2.2Equipment to be utilized (equipment number, types, capaoity, age, etei 4.20.2.3Labor requirements (changes m number of employees by classification). 1.20.2.1Provision for program publicity, education, and marketing (if appropriate ). 1.20,2.5Estimatc of the impact of the service modification (increased Diversion tonnage, reduced costs, increased public service, etc.), 4.20.2.6.\ cost proposal detailing the additional expØflses or savings. . Page 15 of 4741- DOCSOAK-973Sf.!ó9,'·JLSMITH · · · 4.20.3CITY's Revievl. \Vithin ninoty (90) caloodM days of recolvmg the CONTRACTOR's proposal, the CITY shall review and comment on, and approve or disapprove of the modification to tho scope of services. The CITY and CONTRl\CTOR may mutually agree to extend the time period for reviø'.v due to the complexity of the soope of service modification under consideration, tho time needed for the reviev/ or approval, or for other reasonable masons. 4.20.3.1The CITY may request the assistance of an independent third party to reVle\V the proposal. Tho reasonablo oosts of such roview shall be paid by the CONTRACTOR if the modifioation to the scope of servioes is initiated by the CONTRACTOR or, by the CITY if the modification to the scope of servioes is initiated by the CITY. CONTRi'..CTOR's refusal to pay the roasonable oost of revie\v of a CONTRi'.CTOR initiated proposal shall be grounds for CITY rejeotion of sHch proposal. 4.20.3.2The CITY may request copies of, or aceess to, the CONTRACTOR's operating and business rccords reasonably required to verify the reasonableness illld aoouracy of the impacts associated ".'lith a modification to the scope of services. CONTRACTOR shall fully cooperate with the CITY's request and provide CITY and its ageniCs) copies of or access to CONTRACTOR's records. <1.20AApproval of Modification to Scope of Servioes. Upon CITY approval or determination, CITY '.vill issue a notice appro':ing the modificatiofl to the scope of service and documenting any change to the CONTRi'..CTOR's Disposal Ratos, and appro':od ohango to CONTR.'\CTOR's obligations herounder. Tho parties shall propare a written amendmont to tho .^...greømont documenting any and all changes resulting from the modification to the scope of services. No adjustment in CONTR.^.LCTOR's Disposal rate, ohange in CONTRf..CTOR's obligations, or ohange in scope of sorvices shall become effective absent such CITY approval or determination. 4:-U4.20 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 shà11 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 set forth in Exhibit 4 which is attached to and included in this Agreement to divert Recyclable Materials from Disposal. 4:214.21 Recovered Materials Revenues. CONTRACTOR shall retain all revenues generated from the sale of Recovered Materials. 4:rn.22 Other Services. CONTRACTOR shà11 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 tenns, 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. Page 16 of 4747- DOCSOAK·a7JS6Sa,1·JLSMITH 4d44.23 Non-Permitted Companies. CONTRACTOR recognizes that Construction and Demolition Debris generated in the CITY may only be Collected by a company that has obtained a non-exclusive Construction and Demolition Debris franchise from the CITY-'...-. CONTRACTOR shall record loads containing Construction and Demolition Debris identified by the company delivering the materials as being generated in the CITY. As part of the monthly report required in Section 4.14 above, CONTRACTOR shall provide a listing of all Construction and Demolition Debris 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 non-exclusive franchise 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 from Dublin, 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,S) a transport government fee element, and 6) a Disposal government fee element. . 5.02 Adiustments 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 element in accordance with this Section, CONTRACTOR shall . provide CITY or its agent access to the Transfer Station and Disposal Facility and its-those financial and operations records specific to the requested adiustmentin accordanoe with Sections 1.21 and 8.11. The CITY will adjust the Disposal element 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 element) 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 Regulatory 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 relevant to the cost impactin accordance \vith the roquiroments of Article 23, Page 17 of 474+ DOCSOAK-97356S9. '-JLSMITH · 5.02.3 CONTRACTOR shall then tfi.e-proposeà the method of compliance to the appropriate regulatory agency(ies). If the agency(ies) approves that method without conditions, the Disposal element may be adjusted. 5.02.4 If the requesting agency(ies) do not approve the methodology, CONTRACTOR will implement the method of compliance which is approved by the regulatory agency(ies) and resubmit its estimate of cost impacts to Facility operations and proposed Disposal element adjustment for CITY's review and written approval. CITY and CONTRACTOR shall meet and confer in good faith to reach agreement on the cost of compliance and the corresponding adjustment to the Disposal element. (a) (b) · (c) (d) (e) · 5.03 Government Fees. The Disposal Rate includes the following government fee elements: " ·,··i~t'.~sf~l'::<i:; ç°InJ;)()uent ' . , ITÔri $ $ $ $ Local Enforcement Agency (ACSWMD) Fee Business License Coun Fee Alameda County "Measure D" Fee $ $ $ $ $ $ $ $ $ $ $ $ (f) Alameda County Waste Management $ Authority Facilities Fee Alameda County Waste Management $ Authority Household Hazardous Waste Fee Conditional Use $ PenaritFee r~ake sure the increased amount-adjusted bv CPI is included County Planning Fee $ Other Fee $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ (g) $ $ $ (h) (i) Total Government Fee $ Elements 5.03.1 Changes adjusted or new government in Government Fee Elements. When government fees are fees are imposed by regulating agency(ies), the CITY and Page 18 of 4741- DOCSOAK-97356ó9, 1-J~$MITH CONTRACTOR shall meet and agree upon the calculated adjustment to the Disposal rate and the date on which adjusted Disposal rate shall become effective. . 5.01Most Fa'.'ored Customer. At any time during the term of this Agreement, the Disposal rate shall not exoecd the Imvest rate then being charged at the Disposal Faoility to any other City, County, service district, or private company, that is delivering quantities of Solid Wasto to tho Disposal Faoility that has been colleoted under a franchise agreement with a City, County or service district. ~5.04 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. ~5.05 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. ~5.06 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 ifthe Facility was located in unincorporated areas of Alameda County. 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 ofthe 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 àllowed, 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 19 of 474+ DOCSOAK·9735659,1-JlSMITH · 6.02 Corporate Guarantee, In addition to the performance assurance required in Section 6.0 I, 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 3. 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. 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 No.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 shàll 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 Generàl 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. Page 20 of 4741 DOCSOAK·97J55ö9, 1 ·JLSMITH 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, the CITY'S Risk Manager. L\t the option of CITY, either: the insurer shall reduce or eliminate such deductibles or self insured retention as respects CITY, its offioørs, employees, agents and contractors; or CONTRACTOR shall prooure íl bond guaranteeing payment of losses and related investigations, claim administra-tion and defense expenses in an amoæt speoified by CITY'S Risk Manager. 7.04 Endorsements. The policies are to contain, or be endorsed to contain, the following provisions: 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 shà11 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 Contractor's obligation to cover an insured loss.coverage provided to CITY, its offioers, 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 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. 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 copies of certificates of insurance and with original endorsemønts 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 . Page 21 of474-1 DOCSOAK·G735659.1·JLSMITH · · · CITY with copies of 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: CITY OF DUBLIN Risk Management 100 Civic Plaza Dublin, CA 94568 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 Reauirements. 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 Subrogation. 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 o\vn attorneys to defend any such action and the reasonable costs and expenses of suoh attorneys incurred in defending such actiol'l shall be payable by CONT~A~CTOR._ Additionà1ly, Page 22 of 4747 OOCSOAK·9735659,1·JLSMITH if CONTRACTOR, after receipt of written notice £rom the CITY, fails to màke 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 £rom CONTRACTOR. Payment of any amount due pursuant to the foregoing indemnity shall, after receipt of written notice by CONTRACTOR £rom 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 màke payment of an amount so due and CONTRACTOR shall promptly reimburse the CITY for same within thirtv (3) days written notice from the CITY or incur interest charges of six (6) percent per annum., together with interest thereon at the rate of 12~( per annum simple interest from the dnte of receipt by CONTR.:\CTOR of written notice from the CITY that such pnyment 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,anè the Colleotion Contractor (collectively, "indemnitees") £rom 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 £rom, the presence, Disposal, escape, migration, leàkage 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 envirorunental 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 £rom or attributable to the acts or omissions of CONTRACTOR, its officers, directors, employees, "vhothor or not negligent or otherwise culpnb1e, in connection with or related to CONTRACTOR'S performance of this Agreement, including without limit damages arising from or attributable to any operations, repair, clean-up or detoxification, or preparation and implementation of any removal, remedial, response, closure, post-closure or other plan (regardless of whether undertàken due to governmental action) concerning any Hazardous Materials at the Disposal 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 D.S.C. §9607(e) and California Health and Safety Code §25364, to defend, protect, hold harmless, and indemnify CITY from liability thereunder. . Page 23 of 474+ DOCSOAK·9735a59.1-JW)MITH · · · 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 shàll 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 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 reasonable cost of repairing such injury, damage or loss. Such reimbursement is not in derogation of any right of CITY to be Page 24 of 474'7 DOCSOAK-9735659. '·JLSMITH 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, earthquàke, 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 dirocted 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 tàken 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 tàke to restore its ability to perform. 9.02 The interruption or discontinuance of CONTRACTOR's ability 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 expiration of the thirty (30) calendar days, the CITY shall have the right, in its ~reasonable 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 anyone of the following events: 10.01.1 The CONTRACTOR shall tàke the benefit of any present or future insolvency statute, or shall màke 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 . Page 25 of 4741- DOCSOAK"97356õ9, hJLSMITH · · · 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 tàke 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 àllowing 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 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 perfonn 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 oftime. 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 ftom the CITY specifying the breach; or (ii) in the case of any other breach of the Agreement, the breach continues for more than 30 Page 26 of 474+ DOCSOAK-9735~9.1-JLSMITH 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 ofthis Agreement. . 10.02 Effective Date. In the event ofthe 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 ftee to negotiate with other contractors for the operation of the herein specified services. 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 reasonable 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 reasonable aeæal 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 Acknowledgement. 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. . Page 27 of 4741- OOCSOAK-9735e59,1-JLSMITH · 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, 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 totà1 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 àll 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 Page 28 of 474-'7 DOCSOAK·9735659.1-JLSMITH 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 tennination 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. 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.t . Page 29 of4741 DOCSOAK-9735659,'·JLSMITH · · · 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 for giving 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 jason.behrmann@ci.dublin.ca.us As to the CONTRACTOR: To be completed. 21.02 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. ARTICLE 22. Nondiscrimination 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 generated 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. Page 30 of 4747 DOCSOAK-Q73565Q,1-JL$MITH 23.02 CONTRACTOR shall maintain all documents and records generated which . demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, fi'om 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 shà11 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 Damages. 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 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 or 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 àlternative services and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies are, at best, a means of future correction and not remedies which màke the Collection Contractor or CITY whole for past breaches. 24.02 Liquidated Damages. 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 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, Collection Contractor and City's residents and businesses will suffer damages and that it is and will be impractical and extremely difficult Page 31 of 474+ DOCSOAK-9735669.'-JLSMITH . . · 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 legàl council and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made. CITY Initial Here CONTRACTOR Initial Here 24.02.1 CONTRACTOR agrees to pay (as liquidated damages and not as penalty) the following amounts: a. Failure to turnaround Collection Contractor vehicles at the $+0050 per occurrence Disposal Facility or transfer station within the B20 minute limit · on average b. Failure to submit monthly report to the CITY within 30 days $+00- mer calendar day in excess of 30 days UP to a maximum of$500 c. Failure to submit annual report by August 31 st $WG-IOO per calendar day after August 31 st UP to a maximum of 1.000 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-perfonnance. CITY will provide CONTRACTOR with a written explanation of his or her determination on Page 32 of 4741 DOCSOAK·973S6S9.1-JL6MITH 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 tern (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 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 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 tàken or held to be a waiver of any succeeding breach 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 there 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 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. · Page 33 of 474=7- DOCSOAK·9735B59,1·JLSMITH · · · 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 shà11 begin Services, as covered herein, as of July 1,2005. Page 34 of 4741- DOCSOAK-973565Q.1-JL$MITH IN WITNESS WHEREOF, the CITY and the CONTRACTOR have executed this Agreement on the respective date(s) below each signature. CITY OF DUBLIN A Municipal Corporation By: Title: ATTEST: APPROVED AS TO FORM City Attorney By: Page 35 of 4741 DOC$OAK-9735659.1-JL$MITH CONTRACTOR By: Name Title: Chairman of the Board President, Vice President By: Name Title: Secretary, Assistant Secretary, Financial Officer, Asst. Treasurer · · · · · · Exhibit 1 City of Dublin, CA DISPOSAL RATE PER TON Beginning Transfer Transport Disposal Transfer Transport Disposal Total Date of Element Element Element Government Government Government per Ton Agreement ($/ton) ($/ton) ($/ton) Fee Element Fee Element Fee Element Disposal Year ($/ton) ($/ton) 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 I, 2014 July 1,2015 To be completed based on CONTRACTOR's Proposal Page 36 of 4741 DOCSOAK·Q735659. '·JLSMITH Exhibit 2 City of Dublin, CA Performance Bond · (To be inserted after Agreement award) · · Page 37 of 4741 DOCSOAK-9735659.1-A$MITH · · · 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 Agreement. 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 tel111S 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 Obligations 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 arø not conditional upon thø genuinønøss, validity, røgu1arity, or enforøøability of tho 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 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 ITom its obligations under this Guaranty for any reason whatsoever, including, without limitation: (1) the insolvency, Page 38 of 474-+ DOCSOAK-ij73SasQ.1·JLSMITH bankruptcy, reorganization or cessation 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 sale, 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 other right or remedy for Guarantor's benefit, and agrees that CITY may proceed against Guarantor for the obligations guaranteed' herein without tàking 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 against 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 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 agreed 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 part or otherwise dealt with; or (c) any assignment of the Agreement is effected which does not require the CITY's approval. 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 . Page 39 of 4741 DOCSOAK-9735659.1-JLSMITH · · · 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 part of the CITY in exercising any rights under this Guaranty or failure to exercise such rights shall operate as a waiver of such rights. No notice to or demand on Guarantor shall be a waiver of any obligation of Guarantor or right of the CITY to tàke other or further action without notice or demand. 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. Attornev'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 GuarBflty, including an)' action instituted to determine thc respective rights and obligations of the parties hereunder. The prevailing party of any issue under this guarantee shall be entitled to reasonable attornevs' fees. 7. Governing 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 State of California, in Alameda County or Federal District court for northern California, which shall have exclusive jurisdiction over such suit, action, or proceeding. Guarantor appoints the following person as its agents for service of process in California: With a copy by certified mail to: 8. Severabilitv. 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. Page 40 of 474+ DOCSOAK·9735659.1.JLSMITH 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 Article of Incorporation and By-Laws, and that the person signing this Guaranty on its behalf has the authority to do so. II. 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} IN WITNESS WHEREOF, the CITY and Guarantor have executed this Agreement as of the day and year first above written. . GUARANTOR: CITY OF DUBLIN A Municipal Corporation (name of Guarantor) By: Name Title ( sign here) RECOMMENDED FOR APPROVAL: (print name and title) By: (sign here) Name Title (print name and title) APPROVED AS TO FORM: City Attorney Name City Attorney Proper notarial acknowledgment of execution by Guarantor must be attached. . Page 41 of 474+ DOCSOAK·973S6S9,'·JLSMITtI · · · 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 42 of 4741 DOCSOAK·9735659,1-JLSMITH Exhibit 4 City of Dublin, CA RESOURCE RECOVERY PROGRAMS · (To be inserted after Agreement award) · · Page 43 of 4744- DOCSOAK·Q7356$Q.1-JLSMITH · · · Exhibit 5 City of Dublin, CA Approved Subcontractors Page 44 of 4741- DOCSOAK·97JÓ659,1-JL5MITH TABLE OF CONTENTS · Page COVER TABLE OF CONTENTS Article 1. Definitions 2 Article 2. Term Of Agreement 5 Article 3. Obligations Of City 5 Article 4. Obligations Of Contractor 6 Article 5, Disposal Rates 17 Article 6. PerfOImance Bond 19 Article 7. Insurance 20 Article 8. Indemnification 22 Article 9. Force Majeure 24 Article 10. Default Of Agreement 25 Article 11. Legal Representation 27 Article 12. Financial Interest 27 Article 13. Independent Contractor 28 Article 14. Laws To Govern 28 Article 15. Consent To Jurisdiction 28 · Article 16. Assignment 28 Article 17. Compliance With Laws 29 Article 18. Waiver 29 Article 19. Prohibition Against Gifts 29 Article 20. Point Of Contact 29 Article 21. Notices 29 Article 22. Nondiscrimination 30 Article 23. Contractor's Records 30 Article 24. Quality Of Performance Of Contractor 31 Article 25. Severability 32 Article 26. Right To Require Performance 33 Article 27. All Prior Agreements Superseded 33 Article 28. Headings 33 Article 29. Exhibits 33 Article 30. Effective Date 33 Exhibit 1 Disposal Rate Per Ton 35 Exhibit 2 Performance Bond 36 Exhibit 3 Guaranty Agreement 37 Exhibit 4 Resource Recovery Programs 41 Exhibit 5 Approved Subcontractors 42 · DOCSOAK·9735659, '·JLSMITH - 1 - · · · City of Dublin Addendum 1 Collection and Disposal Services August 24, 2004 ALL PROPOSERS ADDENDUM NO.1· RFP FOR COLLECTION SERVICES AND DISPOSAL SERVICES Notice is hereby given that certain sections contained in the above referenced Request for Proposal are being amended, clarified andlor deleted and are identified as Addendum NO.1 and attached hereto. This addendum provides written responses to the questions received on or before August 17, 2004. It also provides additional amendments to clarify items noted by the City. THEREFORE: All proposers are required to note this Addendum No.1, are required to sign page 2 of this Addendum No.1 and shall submit the signed page 2 of this Addendum NO.1 with the sealed proposal. Questions related to this Addendum No.1 shall be submitted in writing in the manner set forth in the RFP. Jason Behrmann Procurement Project Manager ~Q~l~; .1~.f~... I ~\, N ' -«0 If! ~ I ~ ~ Page 1 City of Dublin Collection and Disposal Services ADDENDUM NO.1 COMPANY NAME: COMPANY ADDRESS: REPRESENTATIVE'S NAME: SIGNATURE: DATE: Addendum 1 DATED: August 24,2004 Page 2 · · · · · · City of Dublin Addendum 1 Collection and Disposal Services ADDENDUM NO.1 1. RFP Section 2.6 (page 2-16) - WMAC currently collects and pays $1.25 per ton to Alameda County as a regulatory and open space fee associated with the approval of its current Conditional Use Permit, 5512. The County is obligated to impose this fee on all county landfills at its earliest opportunity. The Vasco Road landfill recently underwent a review of its Conditional Use Permit, pursuant to a mitigated negative declaration, which resulted in various amendments to that permit to address changes in the landfill's operations. Although the County Planning Commission adopted the mitigated negative declaration and approved the use permit amendments, it did not impose the $1.25 in regulatory and open space fees, despite the request from the Sierra Club and the cities of Livermore and Pleasanton, that the fee be imposed. This matter is now before the Board of Supervisors for resolution. Given the Board's requirement to impose these fees on all County landfills, doesn't it seem prudent to require that Vasco include such a fee in its proposal for solid waste disposal? Response At this time the City will not require that the Vasco Road landfill include this charge in their rate structure. However, the City is aware of the circumstances and in the event it is not included in the Vasco Road landfill rate structure, will take this rate difference into consideration during the evaluation process. 2. RFP Section 1.1- Proposal Submittal Fee- Page 1-2 - The RFP states that the total cost for developing the RFP and evaluating the proposals is expected to be approximately $75,000 and that such costs will be borne by the "successful proposer(s) under the terms of the Collection and Disposal Service Agreements", after applying the Proposal Submittal Fees already received. In an effort to make sure we understand the requirement, we have developed a numerical example. Please indicate whether or not we are properly interpreting the requirement. EXAMPLE: Assuming there are 5 proposers, the aggregate Proposal Submittal fees will be $15,000 ($3,000 per proposal x 5 proposers). As such, each proposer should assume that the amount it would reimburse the City for would be approximately $60,000. Our questions are as follows: Please indicate (a) whether or not our numerical example correctly interprets the reimbursement methodology, (b) how these costs will be apportioned between the Collection and Disposal Services Agreements, or is it the City's intent for there to be separate $75,000 cost reimbursements (net of the Proposal submittal Fees submitted) payable by each of the successful proposers (for a total of $150,000), (c) if it is the City's intent for there to be separate $75,000 reimbursements for each contract, how will the $3,000 Proposal Submittal Fees be apportioned between the two contracts, since proposers need only submit one $3,000 fee, regardless of which combination of proposal options they choose to respond to, and (d) where, in the Collection and Disposal Service Agreements, is this reimbursement described or referenced? Page 3 City of Dublin Addendum 1 Collection and Disposal Services . Response Section 1. 1 of the RFP states that the proposal costs to be reimbursed are estimated to be approximately $75,000 per service. Therefore the total reimbursement to the City would be approximately $150,000. In order to simplify the process, Sections 1 and 4 of the RFP wíll be amended to indicate that the reimbursement to the City wíll not exceed $70,000 per Service, for a maximum total of $140,000, and to delete reference to the use of the Proposal Submittal Fees to offset any of those costs. See Attachments 1 and 4 to this Addendum for the revised language. Section 4.4 a) vi. of the RFP indicates that payment of the proposal development fee wíll be due within 30 days of award of the Agreement and requires a written acknowledgement of this in the proposal. Section 1.1 of the RFP, wíll be amended to remove the reference to Sections 5 & 6. See Attachment 1 to this Addendum for the revised language. 3. RFP Section 1.3- Procurement Schedule- Page 1-3 - As the City may know, a proposal due date that is less than one-month from the date of the Pre-Proposal conference is extremely aggressive and may lead to a lesser number of responsible proposers than desired and lesser quality proposals due to the time constraints involved in such a quick turnaround. We have also found that when proposers are not given ample time to develop all relevant assumptions and financial models, it invariably leads to higher cost proposals due to the proposer being less comfortable with the data and more conseNative from the standpoint of financial risk. Clearly, this would compromise the City's objective of maximizing . competition and enhancing the quality of the process. We realize the City is under a time "crunch", but this has to be weighed against the long-term benefits of ensuring that the City receives the most competitive rate proposal coupled with the highest quality service program. Moreover, with a deadline for written questions of August 27,2004, the City will likely be issuing another addendum in early September, at best, while the proposals are due September 13, 2004. This plain and simply does not allow enough time for proposers to digest the updated information, revise proposals and financial models (if necessary), and redistribute financial pro-formas and draft proposals for internal review and approval, prior to finalizing and producing the proposals for submittal. Typically, we see at least a three week time frame between the last addendum and the proposal due date. The bottom line is that we strongly urge the City to consider a minimum of a two week extension to the September 13, 2004 due date. NOTE: On Auaust 24.2004 a second request was received askinq that the RFP due date be extended by several days to September 15th or 16th. Response The City understands this concern but is unable to modify the schedule by two weeks. However, in response to the second request, the City is willing to move the due date back to 1:00 pm on Wednesday September 15th. The City wíll attempt to provide written responses as early as possible but is limited by when the questions are received. The earlier . Page 4 City of Dublin Addendum 1 . Collection and Disposal Services proposers provide any additional written questions the earlier the responses can be provided. See Attachments 1 & 4 to this Addendum for revised language. . 4. RFP Section 2.3- MFD Service Units- Page 2-1- The RFP indicates that there are 3,686 "MFD Service Units" in the City. However, the way in which the term "MFD Service Units" seems to be defined in the Draft Agreement (Section 1.52), and used in certain places in the Draft Agreement (Le., Section 9.02.1), implies that a MFD Service Unit, itself, is a Multi- family Complex, as opposed to a unit within a multi-family complex. Since there couldn't possibly be 3,686 multi-family complexes in Dublin, we assume that the 3,686 figure represents the total number of dwelling units with multi-family complexes (MFD Service Units) in the City. Please confirm or clarify. Also, does this 3,686 figure relate only to the number of dwelling units with multi-family complexes that are receiving bin service, or does it represent all units within all multi-family complexes in the City including duplexes, tri-plexes, etc. that may be receiving individualized cart service? (a) If it is the former, please provide an estimate as to the number of MFD Service Units (multi-family complexes) that make up the 3,686 units, and (b) If it is the latter, please provide a breakdown of the 3,686 figure between those units falling within the definition of SFD's (which, by definition, includes some multi-family complexes receiving residential cart service) and those that are within MFD Service Units (receiving bin service), as well as an indication as to how many MFD Service Units (multi-family complexes) comprise that portion of the 3,686 units that are dwelling units within MFD Service Units. Response The 3,686 represent multi-family units with bin service. The City has approximately 23 multi- family complexes with bin service. See the Addendum 1 spreadsheet for additional data. .' 5. RFP Section 2.3.1- Program Information-CommerciaI/Multi-Family Bins- As there is no commercial bin data in the RFP, we assume the City did not have this data in final form as of the date of distribution of the RFP. Proposers will of course need this information in order to properly respond to the RFP requirements. This information is important for purposes of determining number of containers and container capital, number of stops, weekly lifts, yards, weight per yard, and other productivity data. This information, particularly the frequency of service, cannot be obtained through field surveys. Moreover, the City's current service provider is required to provide this information to the City pursuant to the City's contract, etc.). Lastly, for what it's worth, it appears that the City's current service provider has been cooperative in providing this data to its municipal customers, even in the absence a contractual requirement to do so in other cities, since every RFP we have seen in the Alameda County area has contained such information. As such, for commercial/multi-family bin service, (a) please provide a breakdown of the number of containers, by bin size and frequency of service, for MSW, recyclables, and (if applicable) yard waste collection (Note: we would recommend providing the data in a bin matrix format, reflecting each bin size along the left vertical, and frequency current contract (See Section 12.9 of the City's current of service along the top horizontal, with the number of Page 5 City of Dublin Addendum 1 bins for each bin size/frequency being inserted in each box within the matrix), (b) in providing the data in (a), above, please indicate whether or not it also includes the City Service Units data included in Exhibit 3 of the Draft Agreement, (c) in providing the data in (a), above, please indicate whether or not it also includes service level information related to those governmental institutions listed in Section 2.2 (Page 2-1) of the RFP and, either way, what the service levels are to those institutional customers, (d) in providing the data in (a), above, please provide a breakdown between Commercial Service Units and MFDs or, at a minimum, a break down as to the number of bins or accounts between Commercial Service Units and MFDs Response Some of this information was provided on August 17, 2004. The additional data has been requested and will provided to the extent it is received, . Collection and Disposal Services 6. RFP Section 2.3.1- Program Information- RolI-Off/Compactor- We have the same comments regarding roll-off information as we have outlined in Item (4), above. As such, for roll-off and compactor, (a) please provide a breakdown of the number of annual pulls, by box size (if available), for MSW, recyclables, and (if applicable) yard waste collection, and C&D debris, broken down by permanent and temporary accounts (if possible), (b) highlight how many pulls (and related tonnage) qualifies as C&D and, therefore, is outside of the scope of Dublin contract, (c) indicate whether or not we are to include projected C&D tonnage and pulls in our Cost Proposal assumptions and, either way, whether any of the . roll-off tons included in Table 2-1 (Page 2-2) of the RFP includes C&D tonnage, (d) in providing the data in (a), above, please indicate whether or not it also includes service level information related to those governmental institutions listed in Section 2.2 (Page 2-1) of the RFP and, either way, what the service levels are to those institutional customers, and (e) please indicate whether there is any roll-off service provided to City facilities (no indication of this in Exhibit 3 of the Draft Agreement) and, if so, what the service levels are, by material type, and if these service levels are included in Item (a), above. Response To the extent this information is available it was provided on August 17, 2004. 7. RFP Section 2.3.1- Table 2-1- Commercial Bin Tonnage- Page 2-2· We assume that the 1999 through 2002 tonnage for commercial bins is missing a "1" in front of each figure, however, please confirm. Response Correct. See Attachment 2 to this Addendum for corrected data. 8. RFP Section 2.3.1- Table 2-2-Residential Unit Counts- Page 2-3- We would like to confirm our understanding of the residential unit count information included in table 2-2. (a) Are we correct in assuming that the 2,552 and 294 units in the "additional services" column are included in the 8,139 units noted above, except that these 2,846 units have a 64-g or 96-g cart instead of a 35-g cart (i.e., excluding the new housing units, are we correct in . Qf~ U 'f) II! ~\~ ~ QJ¡ŒirtØ Page 6 · · · City of Dublin Addendum 1 Collection and Disposal Services assuming that there are 5,293 units with a 35-g cart, 2,552 units with a 64-g cart, and 294 units with a 96-g cart)? (b) We are assuming that the 404 units listed as New Housing units are in addition to the 8,139 units billed on the County tax rolls in 2003/2004 and, if so, will these units be added to the tax rolls in 2004/2005? (c) Also, does the City have an estimate of the new housing units for 2004? and (d) How does the 8,086 units listed in Section 2.3 (Page 2-1) reconcile to the data in Table 2-2 and, in the City's estimation, is the Table 2-2 data more precise? Response (a) That is correct. (b) The most recent numbers show that in addition to the original 8,139 units an additional 536 new units were added to the tax roll for a total of 8, 672 units included on the 04/05 tax roll. (c) Not at this time. (d) Table 2-2 is more accurate. The 8,086 units was incorrect and has been corrected. (However, the data provided in answer to (b) above is the most current.) See Attachment 2 to this Addendum for corrected data. 9. RFP Section 2.5- Proposed Collection Services- Page 2-5- The RFP indicates that the City would like proposers to minimize changes to residents' collection days to the greatest extent possible, however, it would be difficult to make this assessment without knowing the current routing system in the City. Again, the City has a right to this information under its current contract with its current service provider. As such, we would appreciate it if the City could provide the information in the fOllowing format (note: if the City cannot provide the route detail, by day, the average number of daily routes, by category, would suffice): Number of FTE Routes Avg. Crew M T W T F S Hrs Size Residential MSW Residential Recy. Residential YardW. Bulky Items Commercial MSW Commercial Recy. Commercial OCC Commercial YardW. Roll-off/Compactor Other 6~.<'C:'\fQ(¡ 11! "". I I\~ 19 <'to I .. 1\'2 ~ ;<o.~ IP) 'Û:l.tQ -~~'" Page 7 City of Dublin Addendum 1 Response The additional data has been requested and wíll provided to the extent it is received. . Collection and Disposal Services 10. RFP Section 2.5.1.4, 2.5.2.3, and 2.5.4.2- Large Item Collection and Neighborhood Clean-Up Service- Pages 2-7,2-8, and 2-9- We have a few questions regarding the proposed clean-up programs: (a) We understand that there is currently no Neighborhood Clean-up program in place (as defined in RFP Section 2.5.4.2) involving materials drop-off, however, please confirm, (b) assuming our assumption in (a), above, is correct, are we also correct in assuming that all of the tonnage included in Table 2-1 (pages 2-2 and 2-4), under the headings "Special Clean-up", relates to the current three (3) scheduled clean-ups taking place in the City currently for single-family residents? Response That is correct. 11. RFP Sections 2.5.1.4 and 2.5.2.3 (Pages 2-7 and 2-8); Draft Agreement Sections 8.07, 9.02, & 11.02 (Pages 5-35, 5-38, & 5-41), and Cost Proposal Forms D-3 & D-4- Large Item Collection- Proposal Options- The RFP identifies three proposal options for Large Item Collection (two different options related to yards per collection event for SFDs, and elimination of E-Waste under both SFD and MFD programs). May we propose only on one or two of the three options (if we so desire) without running the risk of being deemed non- responsive or sUbject to disqualification? If so, are anyone of the three options deemed a . baseline proposal for which we are required respond to in order to be deemed responsive to the RFP, or can we choose among any of the three options if we so desire? Response Proposes MUST propose on all options. The baseline SFO Large Item Collection Service is 7 Cu Yds 3 times per year and includes E- Waste as is described on Cost Proposal Form 0-1. The first option related to Large Item Collection Service, as described on Cost Proposal Form 0- 3, is the reduction of the base service level described on Form 0-1 from 7 to 5 Cu Yds (stíll including E-Waste.) The second option related to Large Item Collection Service, as described on Cost Proposal Form 0-4, is the reduction ofthe service level scribed on Form 0-1 to exclude E-Waste. 12. RFP Sections 2.5.2.2 and 2.5.3.2 (Pages 2·8 and 2-9); Draft Agreement Sections 9.01.1, & 10.01.1 (Pages 5-37,5-39, & 5-40) - Commercial and MFD Recycling Services- The RFP and Draft Agreement seems to imply that the provision of recycling services to Commercial Service Units and MFDs is mandatory (i.e., Contractor seems to be under the same obligation to provide these services, as it is obligated to provide regular trash services). Questions: (a) Is it intended for this to be a mandatory service (like trash service), or should it, instead, read that it is to be provided upon the request of the business or . 15'. ~~r.p¡;, 10Y. :p ~/ I\t 1 . ¡¡¡ ~ ::g;;Jilþ!i Page 8 . . .; City of Dublin Addendum 1 Collection and Disposal Services property owner? (b) Are these services provided Citywide, currently, to either MFDs, Commercial businesses, or both? Response (a) The service is not mandatory. Sections 9.01.1 and 10.01.1 of the Collection Service Agreement indicate that the services will be provided to all service units whose material is properly containerized in bins or carts as appropriate. Service Recipients who do not request Recycling or Organic Waste Bins or Carts will not be able to set out properly containerized material. (b) These services are currently provided on a subscription basis outside the current franchise agreement. However, as indicated in Section 2.3 of the RFP, these services will be included in this proposed RFP. 13. RFP Sections 2.5.2.3 and 2.5.3.3 (Page 2~9); Draft Agreement Section 10.01.1 (Page 5- 40) - Commercial Organic Collection Service~ The RFP indicates that this service is to be provided only upon the request of the business owner, however, the Draft Agreement implies that this is a mandatory service. Question: Which is correct, the RFP or the Draft Agreement? Response The service is not mandatory. See response to Question 12. 14. RFP Section 2.5.4.1 (Page 2-9); Draft Agreement Section 11.06 (Pages 5~42 & 5-43) - HHW Drop~off Event~ We are not clear as to the scope of acceptable materials at the HHW Drop-off event. The definition of "Household Hazardous Waste" (in the Draft Agreement) is much too broad in that it includes any "Hazardous Waste" generated at a SFD or MFD. Please provide a more specific listing or the HHW to be accepted at the HHW Drop-Off event. Also, it is not clear who is responsible for providing the Drop-off site location. Will the City provide the location? If not, is it up to the contractor to identify, permit, and rent/lease a site and, if so, does it need to be in the City of Dublin? Response HHW to be collected at the event will include at a minimum items such as: paint, stain, varnish, thinner and adhesives; auto products such as old fuel, motor oil, oil filters and batteries; household batteries; cleaners and sprays; and garden products, including pesticides and fertilizers. Section 11.06 of the Collection Service Agreement will be amended to include a requirement for proposers to provide a list of items that can be collected at this event, with the list above being the minimum. The amendment will also include a clarification that the site must be in the City limits of the City and that the Contractor will be responsible for obtaining the site. However, the City will continue to assist the Contractor in locating the site as they clo currently. In addition the amendment will include details of the appointment program the contractor will be responsible for developing and Page 9 City of Dublin Addendum 1 Collection and Disposal Services · managing to assist in minimizing waiting time for residents and the requirement for providing detail cost information about the event. See Attachments 4 and 5 to this Addendum for the revised language. 15. RFP Section 2.5.4.2 (Page 2-9); Draft Agreement Section 11.03 (Page 5-42) - Neighborhood Clean-Up Event- Although we realize that the Contractor's obligation is limited to 480 cubic yards per year, in the aggregate (for all events), could the City nevertheless provide an estimate as to how many events it may expect to have in a given year? Response The City estimates that there will be approximately 4 events per year. 16. RFP Section 2.5.7.2 (Page 2-13)- Disposal Compensation Element and Assumptions- We understand that the Disposal Compensation Element will be added to the rates after the Disposal contract is awarded. However, in order to provide accurate collection cost information, proposers will need to make a baseline assumption as to a disposal site to be utilized in its collection bid, in determining routing and route hours. In the event the location ends up being different than the disposal site specified by the City (or the proposer), the City and the successful proposer could then negotiate any cost differential attributable to the use of the final selected site. Should we document, in our collection proposal assumptions, the disposal site in which are Collection Compensation Element is based, or will the City provide this assumption to all proposers? Response The City will amend the Collection Service Agreement Cost proposal forms to require Proposers to provide the name of the disposal site on which they have based their compensation calculations. Proposers will then be required to provide the % change in the calculation to be applied in the event a different disposal site is selected. See Attachment 7 to this Addendum for the revised form. · 17. RFP Section 2.5.10 (Page 2-15)- Alternative Fuel Vehicles- We notice that the base proposal requires Alternative Fuel vehicles, with optional pricing (Form 0-5) for trucks that do not run on Alternative fuels. If alternative fuel vehicles are required, a July 1, 2005 start- up may not provide a sufficient amount of time for delivery of such vehicles. This is due, in great part, to the limited number of companies currently manufacturing alternative fuel engines and the long lead times associated therewith. Questions: Given these realities, (a) Is the City willing to extend the start-up date for the contract in the event it chooses alternative fuels? (b) If not, is the City willing to eliminate the alternative fuel vehicle requirement? Response The City is not interested in delaying the implementation of the Agreement or eliminating the AFV requirement. The City will allow time for the Contractor to phase in the vehicles. However, proposers should note that Section 4.4 J) xii of the RFP requires contractors to provide delivery · Page 10 . . .: City of Dublin Addendum 1 Collection and Disposal Services guarantees for all new equipment to be provided to the City. In the event a contractor cannot guarantee that AFV equipment will be available by July 1, 2005 they should include an AFV phase-in plan in their proposal. Section 14.01.3 will be completed based on the time frame proposed by the successful proposer. 18. RFP Section 3.19- Award of Contract by City Council- Page 3-7- The RFP states that the proposals are valid for up to 180 days. Although, in general, we have no problem with this provision, we assume, of course, that in the event of any significant delays beyond the projected contract approval date the July 1, 2005 date of commencement of seNice will be extended in order to provide ample start-up and transition to new services. Response The City is committed to a July 1, 2005 start date. 19. RFP Section 4.4.h.v- Financial Statements- Page 4-4- The RFP requires the submission of financial statements for the entities that will be signing the Collection and Disposal Service Agreements. In order to meet this requirement, we trust that it would be acceptable to provide the financial statements of our parent company providing that the parent company provides a parent company guarantee of the performance of these subsidiaries. Please confirm whether or not this approach is acceptable. Response This will be acceptable to the City. 20. Draft Agreement Section 1.62- Recyclable Materials- Page 5-14- The Draft Agreement indicates that "dry cell household batteries when included in a heavy-duty plastic bag" are included within the definition of recyclable materials. Questions: (a) Is it intended for this material to be included in the curbside collection program"? If so, we would urge the City to exclude these materials since they are not easily recoverable from a single-stream sorting process. (b) Instead of including these materials in the curbside collection program, would the City be amenable to including these materials in the HHW Drop-off program? Response The City believes that these items should be collected as part of the Curbside Recycling Collection Service. However, the City is willing to allow the collection to occur either as originally set forth in the RFP (included in the Recycling Cart) or with the batteries placed in a sealed plastic bag and set beside the Recycling Cart. Proposers should include a description of which of the two methods they will use as part of the diversion plan included in their proposal. The City will not amend the cu"ent Collection Agreement language until a proposer has been selected. 21. Draft Agreement Section 3.07.6 and 3.07.7- Ownership of Bin and Roll-Off Containers- Page 5-21- The Draft Agreement indicates that, in the event the contract is terminated as a result of a default by contractor, City will have the option of taking ownership of contractor's bins and boxes. In most contracts we have seen, the City reserves the right to take Page 11 City of Dublin Addendum 1 Collection and Disposal Services possession or utilize the contractor's containers, temporarily, but to take outright ownership is unusual. Would the City be willing to modify this provision to allow for only temporary possession? Response The City wíll amend Section 3.07.6 and 3.07.7 of Article 3 of the Collection Service Agreement indicate that they may retain the property until other equipment can be provided but wíll retain the right to not limit the time for that to occur and wíll not compensate the contractor for the use of the equipment. See Attachment 5 to this Addendum for the revised language. 22. Draft Agreement Section 3.07.8- Annual Cleaning- Page 5-21- This provision mandates annual on-site cleaning of bins or replacement of bins that are dirty. We assume that, whether we undertake on-site cleaning or bin exchanges, we are required to clean only those bins that require cleaning or replacement, however, please confirm. Response The City wíll amend Section 3.07.8 of Article 3 of the Collection Service Agreement to require an annual inspection of all bins and the removal and cleaning of those bins where necessary or where requested by the City of the Service Recipient with the final decision of whether or not a bin "requires" cleaning being the City's. See Attachment 5 to this Addendum for the revised language. 23. Draft Agreement Section 3.10.1 and 3.10.3- Disposal Facility and Organic Waste Processing Facility- Page 5-22- These sections of the Draft Agreement provide that all solid waste or organic waste collected by Contractor shall be delivered to the "Disposal Facility" or "Organic Waste Processing Facility." Section 1.34 of the Draft Agreement defines Disposal Facility as the site "(to be inserted)" or specifically designated by the City. Section 1.61 of the Draft Agreement defines Organic Waste Processing Facility as the site "selected by Contractor" or specifically designated by the City. If the Cities desire to maintain such an election to direct these waste streams that we collect to another site, the Draft Agreement should be modified to make it clear that, in the event such election by the City results in increased costs to Contractor, that Contractor's rates will be adjusted accordingly to take into account such increased costs. The same should hold true for any action by the City to direct Large Items to another facility pursuant to Section 3.10.6 of the Draft Agreement. Is the City agreeable to these modifications? Response Section 27.02 of Article 27 of the Collection Service Agreement wíll be amended to include direction of materials by the City as a City-directed change. See Attachment 5 to this Addendum for the revised language. 24. Draft Agreement Section 4.01.2- City Payments to Contractor- Page 5-27- The Draft Agreement indicates that the contractor will be paid the minimum service level amount twice during the year, as opposed monthly. This approach requires the contractor to incur substantial operating costs, up front, without the benefit of a revenue stream by which to ~ ~£T@1 Page 12 · · · . .' . City of Dublin Addendum 1 Collection and Disposal Services offset these costs. It might be different if the payment took place earlier during each 6-month period, however, in one case, it is 15 days after the end of the 6-month service period and, in the other case, it is 15 days into the 5th month of the 6-month service period. Is the City willing to modify this provision to reflect a monthly payment? Please note that we have seen this type of arrangement in other cities and, in these cases, the City adds a small interest or administrative fee component to the customer rates (billed on the tax rolls) to take into account the time value of money differential between paying the contractor monthly and receiving payments from the County after property tax remittances are made. One way or another, the time value of money consideration will have to be taken into account, whether it's by the City, or by the Contractor in its overall cost calculations. Lastly, although we are clear that the intent of the last sentence of this section is to make two lump sum payments to the contractor equal to the minimum service rate for the 6-month periods noted therein, the language should probably be clarified to reflect that the amount to be paid to contractor, for each 6-month installment, is the Minimum SFD Collection Service Rate multiplied by the number of customers assessed on the current tax roll, multiplied by six (the number of months that the payment covers), if this is the intent. Response The payment schedule proposed by the City is based on the receipt of the tax roll distributions by the City. The City does not wish to add additional fees to the rate. Proposers, of course may develop their cost calculations as they see fit. The final sentence of Section 4.01.2 of Article 4 of the Collection SeNice Agreement will be amended to reflect that the payment represents the monthly service rate for six months. See Attachment 5 to this Addendum for the revised language. 25. Draft Agreement Section 4.01.3~ Contractor's Responsibility for Billing and Collection~ Pages 5-28- The Agreement provides that the Contractor shall be responsible for the billing and collection of MFD and Commercial Units, as well as certain SFD services that are beyond the Minimum Collection Service level (i.e., incremental cost of larger carts, etc.). Since the City's current service provider is direct billing for these same services, can the City provide any information as to the current service provider's bad debt experience in billing and collection of these service fees? Also, because the City's current service provider is required to provide account information to the City pursuant to the City's current contract (See Section 12.9 of the City's current contract, etc.), we assume that the City will have access to customer account/billing information of the existing contractor, and that this information will be provided to the new Contractor for future billing and routing purposes, however, please confirm. Response The additional data has been requested and will provided to the extent it is received. The City does have customer account data and it will be provided to the Collection Service Contractor. Page 13 City of Dublin Addendum 1 Collection and Disposal Services 26. Draft Agreement Section 4.01.3.1- SFD Service Units- Page 5-28 and Exhibit 1- Page 5- 79- The Draft Agreement indicates that the contractor will bill the cost of both larger and additional Garbage carts, above the Minimum SFD Collection Service. Exhibit 1 of the Draft Agreement provides for the insertion of the Minimum SFD Collection Service Monthly Rate (presumably for a 35-g cart), and two line items for including an "Additional Monthly Rate" for a 64-g and 96-g carts, respectively, with a "Total Monthly Rate" to be input, just to the right of these figures. We realize these figures will be inserted at a later date, but we want to make sure we understand the concept. Questions: (a) Is the "Additional Monthly Rate" supposed to represent the incremental cost, over an above the 35-g rate, of having a 64-g or 96-g cart and, if so, is this incremental amount the amount that the contractor is to bill directly, pursuant to Section 4.01.3.1? (b) If the answer to (a) is "yes", is the "Total Monthly Rate" Oust to the right of the Additional Monthly Rate) the sum of the Minimum SFD Collection Service Monthly Rate and the Additional Monthly Rate? Also, in view of the reference to the contractor billing for "additional carts", as noted above, (c) Where is the rate input for an additional cart in Exhibit 1? (d) How many of the SFD customers noted in Table 2-2 have additional garbage carts (beyond 1), if any, as well as additional recycling andlor green waste carts?? Please note that the "additional cart" data is important (for all three waste streams) for purposes of capital projections. Response (a) Yes (b) Yes (c) The reference to "additional carts" is incorrect. The City will amend Section 4.01.3.1 of Article 4 of the Collection Service Agreement to delete this reference. See Attachment 5 to this Addendum for the revised language. (d) None that the City is aware of (e) The additional data has been requested and will provided to the extent it is received. However, proposers should note that the provision of extra green waste and recycling carts is a new service and the current history will not reflect this. 27. Draft Agreement Section 4.02- Delinquent Service Accounts- Page 5-28- The Agreement provides that the Contractor can use all available legal remedies to collect past due accounts, but that the Contractor cannot stop service due to non-payment. Based on our experience, without stronger enforcement mechanisms and/or assistance from the City, this could lead to a relatively high level of delinquent accounts. Would the City be willing to assist the Contractor in using its enforcement powers, in the event that the Contractor is unsuccessful in collecting past due accounts? A fairly typical approach would be to issue citations for municipal code violations (Le., non-payment of refuse fees would be such a violation) or undertake an annual lien process whereby property owners that do not pay after several warnings have their delinquencies placed on the tax rolls along with accrued late fees and a City administrative charge, etc. K\ Qr~ e; '4' 1/~ I l\'ì - Page 14 · · · . .1 . City of Dublin Addendum 1 Collection and Disposal Services Response The City currently has this requirement and is not aware of the current hauler having a problem of this nature. However, Section 4.02 allows the Contractor to cease providing service to a specific Service Unit upon receipt of written notice from the City. 28. Draft Agreement Section 4.04.1 and .2~ Contractor's Payments to City~ Pages 5~28 and 5-29- The Draft Agreement indicates that the Franchise and Administrative Fees will apply to revenue from the sale of recyclable materials (including CRV payments). We would strongly urge the City to eliminate this requirement, due to the complicated nature of applying these fees to these revenue streams and the varying interpretations you will receive from different proposers as to what constitute recyclable material sales. For instance, some haulers will be taking their material to a 3rd party processor and will receive a flat revenue per ton figure which, by definition, is net of processing costs. Others may do their own processing and then sell the processed material directly to end markets. Others may have a related affiliate do the processing and receive an intercompany revenue per ton figure (net of processing costs), much like if the company was selling to an independent 3rd party. In addition, what is meant by related CRV revenue? Is it the supplemental payment that the collector receives at year-end? Is it the CRV that the "processor" receives on each individual load shipped? If so, the CRV component would only apply to those that are doing their own processing, which would be inequitable relative to those companies selling to 3rd party processors, the latter of whom would be the recipient of the CRV revenue, not the collector. The bottom line is that there would have to be a very specific definition of "recyclable materials sales", for purposes of the franchise and administrative fee applications, in order to place all proposers on a "level playing field" and to eliminate any ambiguity as to how these fees are to be applied. Lastly, applying franchise and administrative fees on this revenue stream would seem to be inconsistent with the way the Collection Service Compensation Proposal Forms are laid out and how the Fee Compensation element is to be calculated. Section 2.5.11 of the RFP indicates that recyclables revenue should be taken into account (presumably as an offset to costs) in the Compensation Proposal Forms. In doing so, it would eliminate this revenue from the calculation of the Fee Compensation Element. In eliminating theses fees on recyclables revenue, if the City desires to stay "fee revenue" neutral, and compensate for any loss of fee revenue the City would otherwise realize on recyclable material sales, we would recommend increasing the 12.6% franchise fee andlor the 2% administrative fee, to compensate for this revenue loss. Response This question is under review and will be answered in the next Addendum. 29. Draft Agreement Section 5.4- Initial Compensation to Contractor- Page 5~30- We have several questions related to this section, as follows: (a) We assume that the absolute dollar amount included in Section 5.04 is supposed to mirror that which is included in Page 5-78 of 'l.~~'j, O~f~-~'~I\~ ¡q~ -«OM ~ ~ !/J) Q¡Y'DPÞ'" Page 15 City of Dublin Addendum 1 Collection and Disposal Services Exhibit 1 (Line 7), however, please confirm. (b) Also, we are unclear as to how this dollar amount is supposed to take into account extra services (if at all), that we, by definition, cannot easily estimate as part of our base services, costs and initial proposed compensation, but for which there will be separate fees and charges (i.e., services and fees related to a second cart, chargeable large item pick-ups, beyond the three (3) allowable, excess bin exchanges, extra bin cleaning, extra pick-ups, roll-off rentals, the extra revenue per ton for HHW events over 20 tons, emergency services revenue, etc.. Please identify the types of extra services contemplated in the RFP and Draft agreement that, by their very nature, are not expected to be part of our cost estimates and, hence, initial proposed compensation, and that will be additive to our proposed revenue via separate fees and charges to be charged by contractor. (c) Since collection of C&D debris is non-exclusive, should we exclude it from our cost estimates and initial Proposed Compensation, and, therefore, assume that any C&D hauling that we do is: (i) not covered by the franchise agreement, (iii) not sUbject to the Fee Compensation calculation, (iii) excluded from the tonnage calculation for the Disposal Compensation Element roll off tonnage numbers does not include C&D material-primarily from 2001 forward, and that any revenue related to C&D hauling will be independent of our Compensation under the Collection Services agreement? Response (a) Yes (b) All services are to be part of the compensation calculation. However, as is discussed in Section 5.13 of Article 5 of the Collection Service Agreement, there will be variances in the projected compensation and the actual compensation. (c) Since, as is pointed out, C&D Collection Service is NOT part of the Collection Service agreement it would follow that the provisions of the Agreement do not apply to that service. 30. Draft Agreement Section 5.13- Compensation Variances- Page 5-32- Please explain what this means. If the contractor's compensation is supposed to be equal to (or very close to) the original proposed compensation, as adjusted in accordance with the adjustment factors noted in Section 5.05 (for cost escalators and growth), how could our actual compensation (presumably based on actual billings) be less than the these calculated amounts, without a warranted adjustment? This would seem to place too much reliance on the accuracy of the City's development of the actual rates to customers (in which the Contractor appears to have little control) in generating sufficient revenues to the properly compensate the Contractor. Perhaps the Contractor should be a party to the rate setting process. Also, we are unclear as to the reference to Section 5.02. Please clarify. We submit our rates and assumptions to the company prior to approval by council Response (a) Since the compensation calculation in this section is based on projections, it will always vary somewhat from the actual compensation number. It is unlikely that the actual amount will be less than the calculated amount. Historically it has always been more due to customer growth. In the event actual compensation is higher than projected the Contractor will retain the excess. However, in the event that projected compensation is lower than actual the Contractor will not @ì ~till Page 16 · · · .1 . . City of Dublin Addendum 1 Collection and Disposal Services be entitled to any additional revenue. The City will amend Article 5 of the Collection Service Agreement to provide for a review of the rate calculations and assumptions by the Contractor prior to submitting them to Council for approval. (b) The reference to Section 5.02 should be a reference to 5.05. See Attachment 5 to this Addendum for the revised language. 31. Draft Agreement Section 6.01- Minimum Requirements- Page 5-33- This section defines how the minimum annual diversion rate is calculated. Since the term "Collection Services" would appear not to include services and waste streams that are exempt from exclusivity provisions of the Draft Agreement, are we correct in assuming that, in arriving at the 50% diversion calculation, C&D materials are to be excluded from the diversion calculation (i.e., excluded from both the numerator and denominator of the diversion calculation)? Response Yes 32. Draft Agreement Section 6.02- Failure to Meet Diversion Requirements- Page 5-33- Given that the City is nowhere near the 50% diversion threshold based on the methodology outlined in Section 6.01 (based upon amounts collected and diverted by contractor), it may be difficult to achieve the 50% diversion mark within the initial stages of the contract. It will be even more difficult if C&D materials are excluded from the diversion calculation. As such, we would recommend that the City consider adding language that indicates that the City's right to terminate the contract or impose liquidated damages (pursuant to Section 6.02) will not apply as long as the City is in overall compliance with AS 939 mandates. Without this "backstop", the contractor will be taking too great of a risk, particularly since the contractor has no control over the entire waste stream in the City (i.e. C&D is non-exclusive, etc.). Also, the contractor should not be penalized if it is putting forth a good faith effort to implement the programs contemplated under the Draft Agreement. Response Proposers should note that this provision is for calendar years beginning January 1, 2006. This provides the Contractor a six month grace period to implement the recycling programs. In addition, the City will amend this Section to indicate that in the event the Contractor is unable to meet the diversion requirement the City will consider the "good faith" efforts of the Contractor prior to assessing liquidated damages or terminating the Agreement. The modified language will be included in Addendum 2 but will specifically require the Contractor to have implemented or attempted to implement the diversion and public education plans included in their proposal and included in the Agreement by reference. The plans will have to be very specific and include certain minimum standards such as the assignment of a full time recycling/diversion coordinator for the City of Dublin and the use of a waste and diversion assessment and audit program to assist commercial customers with their diversion programs. 33. Draft Agreement Section 8.01.1- Conditions of Service- Page 5-34- The Draft Agreement indicates that carts can be placed within 3 -feet of the curb, etc.. Would the City be Page 17 City of Dublin Addendum 1 Collection and Disposal Services amenable to requiring residents to place their carts in the street, with wheels against the curb? This approach is more conducive to uninterrupted fully automated collection and is fairly common in cities with automated collection systems. Response The City will allow the Contractor to provide public education and customer information that indicates that the carts should be placed in this manner. However, as a condition of service the City prefers to leave the Agreement language such that Carts are required to be Collected as long as they are within the 3 foot range provided in Section 8.01.1 of the Agreement. · 34. Draft Agreement Section 8.05- Overages- Page 5-35- The Draft Agreement indicates that corrugated cardboard that will not fit inside of the Recycling Cart may be placed beside the Recycling Cart. The problem with this provision is that there is no way to collect this material with an automated side-loader vehicle, unless the material is broken down and can be placed in the cart after dumping the original contents. Our recommendation would be to eliminate this provision altogether, however, at a minimum, there should be a requirement that the material be broken down, by the resident, to a size that would facilitate the driver being able to place the cardboard in an empty cart for a second dump. Would the City be amenable to this modification? Response The City will amend Section 8.05 of Article 8 of the Collection Service Agreement to indicate that corrugated cardboard placed beside the cart shall be of a size to fit in an empty cart. See Attachment 5 to this Addendum for the revised language. · 35. Draft Agreement Section 8.06.01- Christmas Tree Drop-off Sites- Page 5·35- Is this service being provided by the current contractor? If so, please provide some data as to how many roll-off pulls the current contractor is making, in the aggregate, for all three (3) roll-off boxes, during the three (3) week period referenced in this section. Response The City has been informed that the current contractor is making one pull for each box during the 3 week time period. 36. Draft Agreement Section 9.01.4 and 10.01.4- Non-Collection- Pages 5-37 and 5-40- We would urge the City to eliminate the requirement that Contractor be responsible for collecting material that is outside of the container as a result of "overflow." We realize that there is a remedy in Sections 9.01.5 and 10.01.5, however, the burden continues to be placed on the collector until the issue is resolved, and the remedy is available only after there are "repeated" overflows. Even though the City has carved out a remedy, if customers were aware of the Contractor's responsibility to collect overflow of materials until they were forced to make a change in their service level, this could lead to (a) customers continuing to subscribe to less than adequate service levels in order to save money and, hence, continued overflow of trash and corresponding health and safety issues, (b) continued unauthorized use of a customer's container (illegal dumping) without enforcement by the · ~''/;. ö ~ ~ -il¡lQ'ib Page 18 · · · City of Dublin Addendum 1 Collection and Disposal Services customer, or locking lid requests, since the Contractor is liable to collect the overflow, etc., and (c) inordinate unanticipated costs borne by the contractor and the impairment of the Contractor's ability to complete its route due to excessive time spent at these stops. In fact, this section should be modified to enable an extra charge for overfilled containers, as well as a "Red Tag" notice requirement to the customer (and the City) of debris surrounding the container. These notification requirements will, hopefully, lead to a stronger enforcement effort by the customer and some action steps in order to prevent the ongoing occurrence of excess debris. Response The City is not aware of this being a problem with the current contractor. Proposers should note that there is a specific Collection Service Rate for material in excess of the "water level" of a container. The City believes that this additional charge will be sufficient to encourage customers to utilize an appropriate size container. In those instances where the additional charge is not sufficient, the provisions of Sections 9.01.5 and 10.01.5 will allow the City and the Contractor to upgrade the service to the necessary level. 37. Draft Agreement Section 11.04- Collection of City Containers- page 5-42- Please describe the type and size of containers referenced within this section (i.e., 32-gallon plastic barrel inserts inside street side receptacles, ete?), as well as the number and location of such containers for both refuse and recycling (i.e., are they located only within a few commercial corridors, or spread throughout the City, etc.). Please also indicate the frequency in which the existing containers are serviced. Response The City has 41 street cans that are to be included in this service. They are all 32 gallon inserts, and consist of a mix of metal and plastic. Currently all are garbage and in most cases are collected 2 times per week. However, some new garbage and/or recyclable containers may be added in the future. Additional information including the location of the containers will be provided as soon as it is received. 38. Draft Agreement Section 11.05- City Sponsored Events- page 5-42 and Exhibit 6- Page 5-94- The Draft Agreement indicates that the contractor will provide services for up to three special events, yet Exhibit 6 references only two. Questions: (a) Is there additional information forthcoming in regard to the 3rd event? (b) Please provide the "container requirements", as referenced in Exhibit 6 as forthcoming, (c) Are the events listed in Exhibit 6 one day events, only? If not, please indicate the number of days, (d) In regard to portable toilet services, is it assumed that all toilets will require one service, only, in addition to delivery and pick-up? Response (a) There are currently only 2 events but the City may add one in the future. (b) Both events are two day events and typically are dumped at the end of each day. The City currently does not have any additional data regarding the number or size of containers needed for the events. Page 19 City of Dublin Addendum 1 Collection and Disposal Services . Proposers should also note that Exhibit 6 will be amended to include a requirement for one 250 gallon holding tank for the Day on the Glen and two 250 gallon holding tanks for St. Patrick's Day. See Attachment 5 to this Addendum for the revised language. 39. Draft Agreement Section 13.01- Agreement Extensions~ page 5-44~ The Draft Agreement indicates that "in order to receive the Agreement term extension offer set forth in Article 2" certain performance standards (as outlined in Sections 13.02 and 13.03) must be met or exceeded in each year beginning 7/1/06. Is it the intention of the City that the extension be "automatic" or guaranteed if the performance standards are met? If so, this is not how we interpret Section 2.02. Section 2.02 seems to leave the extension to the discretion of the City, with a relative assurance that the extension won't be offered if the performance standards are not met. Are we interpreting this provision correctly? Response Yes the interpretation is correct. 40. Draft Agreement Section14.01~ Equipment Specifications~ Pages 5-44 and 5~45~ We did not see a requirement that the vehicles placed in service by the contractor be new, or less than a certain age. We just want to confirm that no such provision exists. Please confirm or clarify. Response That is correct. The Contractor is obligated to meet the vehicle and operating standards set . forth in the Collection Service Agreement. How this is done is the responsibility of the Contractor. 41. Draft Agreement Section 14.01.3~ Alternative Fuel Vehicles~ Page 5-45~ We are a little confused by this section since it is entitled "Alternate Fuel Vehicles", yet the text included in the section seems to apply more to the CARB retrofit mandates as they relate to existing and new vehicles, and the new EPA emission standards and ultra low sulfur diesel mandates (by 7/1/06). The Draft Agreement does not seem to make reference to requirement to use alternative fuel vehicles, even though we understand that alternative fuel vehicles are to be the baseline assumption in our proposal, with diesel vehicles (which will need to comply with the requirements set forth in Section 14.01.3, in any event) being the proposal option. Please clarify. Response Section 14.01.3 of Article 14 of the Collection Service Agreement says "This Section will be completed based on the proposal of the selected Contractor". The CARB language is there in the event the City elects to not utilize AFV's. 42. RFP Section 7- Proposal Forms~ Will the City be providing the Proposal Forms in a Word andlor Excel file? If not, how would the City like us to complete the forms? Also, where there is overlap between the information requested in the Section 7 Proposal Forms and the . ~Qt~.TJr;;,.. Ó If 111 I ~\'I ~ Page 20 City of Dublin Addendum 1 .' Collection and Disposal Services Section 4.4 narrative requirements, may we cross-reference between the two, as opposed to reiterating the same information in both places? Response (a) The CD handed out at the pre-proposal conference included that data. (b) Yes, in the event information is requested in two places it may be cross referenced. 43. RFP Section 7- Proposal Forms- Form D- Pages 7-9 through 7-16- Section 2.5.11 of the RFP indicates that recyclables revenue should be taken into account (presumably as an offset to costs) in the Compensation Proposal Forms. Please indicate in which Compensation Element the City would like us to include recyclables revenue. Should it be incorporated (as an offset to costs) in the Collection Compensation Element? Response This is simply a reminder that the City expects that these revenues wiff be considered in completing the compensation forms. How the proposers do this, or if they do it, is up to each proposer. .' 44. Recyclables and Green Waste Container Set-Out Rates- Please provide any information the City may have regarding the average percentage of residential customers setting out recyclables and green waste carts on their designated collection days. Response This information was provided on August 17, 2004. 45. Agreement Section 25.01- Indemnification- Page 5-63- Section 25.01 contains general indemnification provisions, however, in addition to the Contractor's requirement to indemnify and defend the City with counsel selected by Contractor, Section 25.01 also allows the City to secure its own attorneys and requires the Contractor to reimburse the City for such legal fees and expenses. At a minimum, we would suggest adding the following language at the end of the 3rd sentence of Section 25.01: "provided however, that the Contractor shall have the right to approve of City's attorneys, which approval shall not be unreasonably withheld." Please note that we may have additional comments relating to this section after review by legal counsel. Response The City believes that it is in its best interest to retain the language as drafted. 46. Draft Agreement Section 26.02- Violations- Page 5·66- Although we are agreeable to the general concept contained in this section as it relates to the "habitual violator" provisions, we do have a suggestion that might provide greater clarification for both parties in the application of this section. We would recommend that the City establish a threshold as to what constitutes "frequently" or "regularly" so as to eliminate any confusion or disagreements between the contracting parties. For instance, perhaps the City could define the types of violations, and a specific number of violations, that would trigger this default . tlll~'''. ~¡Si:;4i?~\\ 14 ....'. II> In ~. ~ ~ '~IQ.\¡; ~'\> Page 21 City of Dublin Addendum 1 Collection and Disposal Services provision, the specific number of which would differ based on the materiality of the violation. This way, there would be a more quantifiable measure of what constitutes a default under this section, along with a materiality threshold. Would the City be agreeable to these types of modifications? Response The City believes that is in the best interest of both parties to not define a specific number or combination of violations that would trigger a default situation and prefers to leave the language as drafted. . 47. Disposal Draft Agreement Section 1.10- Disposal Facility- Page- 6-8- Section 1.10 of the Disposal Draft Agreement defines Disposal Facility as the site "(to be inserted)" or specifically designated by the City. This is similar language to what is contained in the Collection Services Agreement, however, in this case, we are not clear as to its applicability to the Disposal Agreement. Please clarify. Response Section 1.10 of Article 1 of the Disposal Service Agreement will be amended to remove this reference. See Attachment 6 to this Addendum for the revised language. 48. Disposal Draft Agreement Section 2.02- Extension- Page- 6-10 -If a company wishes not to respond to the twenty (20) year disposal option, then it stands to reason that they might be unwilling to accept the exercise of a 1 O-year extension (under section 2.02) under . the 1 O-year baseline proposal. This is not to say that some time period between 10 and 20 years might not be acceptable, however, we thought we should point out the issue. Perhaps Section 2.02 could be modified so that any term extension would be based on the mutual agreement of the parties and subject to projected available capacity at the Disposal Facility. Also, the above modification would be consistent with the 1 O-year guarantee under Section 4.13. Response Proposers not wishing to propose on the 20 year term are not required to do so. The City will amend the option language in Section 2.02 to allow the Contractor to accept or decline the offer of optional years. See Attachment 6 to this Addendum for the revised language. 49. Disposal Draft Agreement Section 4.06- Days and Hours of Operation- Page- 6-14- We would recommend modifying the weekday hours from "6 a.m. to 6 p.m." to "6:00 a.m. to 5:00 p.m." The latter hours are fairly standard as it relates to other municipal disposal agreements that we have in place or have observed. It should also leave ample time for the Collection Contractor to complete all routes. Response The City will amend Section 4.06 of Article 4 of the Disposal Service Agreement. See Attachment 6 to this Addendum for the revised language. . ~o~ Ö if' 1/1 I 1\\ ~ Page 22 . .' . City of Dublin Addendum 1 Collection and Disposal Services 50. Disposal Draft Agreement Section 4.06.2- Holidays- Page- 6-15 - We would recommend adding Thanksgiving Day to the list of holidays. Response The City will amend Section 4.06.2 of Article 4 of the Disposal SeNice Agreement. See Attachment 6 to this Addendum for the revised language. 51. Disposal Draft Agreement Section 4.08- Traffic Control and Direction- Page- 6-15 - Section 4.08 indicates that the disposal Contractor will operate the Disposal Facility so that all Collection Contractor vehicles exit the Disposal Facility no more than twenty (20) minutes after arriving at the scale house. We assume that "arriving at the scale house" means the point in time in which the Collection Contractor's vehicle mounts (rolls onto) the scale for weigh in, however, please clarify. Also section 24.02.1.a (Page 6-42) should be amended to read "20" minutes, instead of "15." Response The City will amend Section 4.08 of Article 4 and Section 24.02. 1 a of Article 24 of the Disposal SeNice Agreement. See Attachment 6 to this Addendum for the revised language. 52. Disposal Draft Agreement Section 5.04- Most Favored Customer- Page- 6-26 - We would urge the City to remove this provision of the agreement due, in great part, to the "unknowns" associated with the impact thereof. The disposal proposal should stand on its own merits and not be subject to comparisons to other public or private contracts that may not reflect the same operating assumptions and risks. Response The City will amend Section 5.04 of Article 5 of the Disposal SeNice Agreement to revise the comparisons to contracts with similar size municipalities delivering similar materials. See Attachment 6 to this Addendum for the revised language. 53. Disposal Draft Agreement Section 8.01-lndemnification- Page 6-30- Section 8.01 contains general indemnification provisions, however, in addition to the Contractor's requirement to indemnify and defend the City with counsel selected by Contractor, Section 8.01 also allows the City to secure its own attorneys and requires the Contractor to reimburse the City for such legal fees and expenses. At a minimum, we would suggest adding the following language at the end of the 3rd sentence of Section 8.01: "provided however, that the Contractor shall have the right to approve of City's attorneys, which approval shall not be unreasonably withheld." Response The City believes that it is in its best interest to retain the language as drafted. 54. Proposal Form E-4- Disposal Service Rates- Optional Twenty (20) year Term- Page 7- 23- It appears that for companies responding to the Disposal Services RFP, only Form E-1 (10 year term) is a mandated proposal option and that Form E-4 is an optional proposal and Page 23 City of Dublin Addendum 1 Collection and Disposal Services need not be completed if the proposer does not wish to respond to the 20-year option, however, please confirm or clarify. Response That is correct. . 55. Current Rates- Have the residential andlor commercial rates been adjusted since 7/1/03 and, if so, please provide a copy of any rate resolution and rate schedule since 7/1/03. Response The rates have not been adjusted since July 1, 2003. A schedule of the current rates is provided in the Addendum 1 attached MS Word File "NoticeRates". 56. Most Recent Rate Adjustment/Revenue Calculations- Please provide the most recent rate adjustment and revenue calculation that the City performed under its current contract with your current service provider. Response The revenue calculation currently in use is considerably different from that included in the RFP. The proposed compensation calculation methodology is explained in detail in Article 5 of the Collection Service Agreement and a copy of the model used in the calculation is included in Exhibit 2 of that Agreement. 57. Current Disposal Sites and Disposal Rate Per Ton- Please indicate what the current . disposal rate per ton is for solid waste collected and disposed of by the City's current service provider, and where the tonnage is being disposed of (Le., is it going direct-haul to the Altamont Landfill, or is any of the waste, first, being delivered to the Davis S1. Transfer Station for transfer to Altamont, etc.) Response Solid waste tonnage is currently going to the Altamont Landfill and the disposal rate is $37.20 per ton. 58. RFP Section 4.5 and Draft Agreement Section 1.62- The definition of Recyclable Materials, as set forth in Section 1.62 of the Draft Agreement, seems to include small scrap and cast aluminum and small scrap steel (not exceeding 40 Lb in weight nor 2 feet in any dimension for a single item). Since Section 1.62 does not differentiate between commercial, residential or industrial Recyclable Materials, nor is there any further clarification in Article 8 as to the scope of materials included in the curbside program, we are not clear as to whether or not it is the City's intent to include the above materials in the residential curbside program. The only indication that we have that these materials are not to be included is in Section 2.5.1.2 of the RFP, wherein these types of scrap materials are not mentioned. We assume that the aforementioned materials are not part of the curbside recycling program, however, please confirm or clarify. . Page 24 · · · City of Dublin Addendum 1 Collection and Disposal Services Please note that these scrap materials, as defined, could not be easily processed through most curbside processing lines in that they are not conducive to a mechanical separation process and may not be uncovered in a pre-sort. Depending upon the size and make-up of the scrap, whether it be steel or aluminum, such materials could pose a safety hazard for the employees and could cause significant damage to any of the various components of the mechanical sorting line (Le., trommel screens, fiber screens, fines screen, overhead magnets, aluminum separators, etc.). Response The intent of the City is that these materials, as defined in the Col/ection Service Agreement be included in aI/ recycling programs provided under the terms of the Col/ection Service Agreement. Based on the discussion held a the pre-proposal meeting it appears that the majority of the proposers are agreeable to having these materials included in the recycling programs. 59. Form C and Sections 4.4.h.i & ii of the RFP- Form C of the Proposal Forms requires the inclusion of: (a) an organizational chart and (b) a narrative description of duties and responsibilities, including resumes' for professional or management staff. Section 4.4.h.i & ii of the RFP (Page 4-4) seems to ask for the same information described in (b), above. Questions: (a) Rather than duplicate the information, we trust that we can simply include a one sentence reference on Form C indicating that the reader should "See Section xxx of the Proposal for the above information." Please indicate if this is acceptable. (b) Also, if this is acceptable, we trust that we can choose to include the Org. Chart either in the body of the proposal (near the text in response to Section 4.4.h.1 & ii), behind Form C, or as an appendix to the proposal---providing that we properly cross-reference where we are including the Org chart on Form C. Please confirm if this is acceptable. (c) Form C also provides an outline of the format in which the City would like to see resumes'. Item G of the outline (dealing with "Professional References") indicates that a minimum of 3 references may be requested by the City during proposal evaluation. The implication is that the proposer can include a statement that references will be made available upon request, without having to provide them in the original proposal submission. Please confirm if our understanding is correct. Response (a) Yes that is acceptable. (b Yes this is also acceptable. (c) Yes this is correct. 60. Proposal Forms F through L- Certain line item inputs on Forms F through L require detailed narrative that will require additional pages (Le., Item 12 of Forms F-H, and Lines 8, 15, & 23 of Form I). Similar to Item (1), above, rather than including the narrative description in (and behind) the forms, would it be acceptable to refer the reader to the relevant section of our proposal by inserting" See Section xxx of the Proposal for the above information" ? Page 25 City of Dublín Addendum 1 Response (a) Yes that is acceptable. . Collection and Disposal Services 61 . RFP Section 4.5- Proposal Exceptions and Alternatives- Page 4-10- This section of the RFP indicates that proposers may submit exceptions and alternatives to the services listed in the RFP to the extent that such exception or alternative is an improvement in service or price. Also, it indicates that such exception or alternative shall contain the new compensation or rates related to the exception or alternative. We assume that the above language refers more to the circumstance whereby the proposer wishes to propose a new program or other enhancement that that is significant in nature and, therefore, represents a material deviation from the scope of services set forth in the RFP, however, please confirm. Response (a) Yes that is correct 62. Please note that there may be exceptions to, for instance, certain terms of the Draft Agreement that (a) are not quantifiable as to cost impact, (b) do not have a cost impact, (c) represent a contractual provision that the contractor cannot abide by or for which minor modifications thereto would make the language acceptable, but really have no impact on the overall scope of services or rates, (d) represent a minor clarification or ministerial modification to the Agreement, etc. In these cases, the Contractor's proposal, by definition, contemplates these exceptions and, therefore, the City would have to consider such . exceptions, measured against those of other proposers, when making its recommendation. As you know, this is fairly typical in all RFP processes, however, we want to make sure that these types of exceptions are supposed to be included in the same section (Section 4.5 [or Section 4.4.m]) as program enhancements or alternatives described above and in Section 4.5 of the RFP. Please confirm or clarify. Response Yes that is correct. However, the City would like to emphasize that the Service Agreements are presented in the RFP package in order to allow all proposers to propose on the same programs and to allow the City to evaluate proposals based on the requirements in the RFP documents. The City expects that proposers who have questions or concerns about the language or requirements of the Agreements wíll raise those concerns in writing during the question period provided. Once all questions and concerns have been addressed through the Addendum process, the City expects that proposers wíll base their proposal on the requirements of the revised RFP. Exceptions included in a proposal wíll be evaluated but proposers should clearly understand that the City has the right to reject any and all exceptions and accept the proposal under the terms, conditions and requirements set forth in the RFP. 63. RFP Section 8.06- Christmas Tree Co/lection- Page 5-36- The Christmas tree collection program contemplates both a curbside program (as a compliment to the Boy Scouts . ~.~\t \t~~r ~~~~ Page 26 . .' . City of Dublin Addendum 1 Collection and Disposal Services program) and a drop-off program. For those desiring curbside set-out, will the residents be required to break down their trees so that they fit in their regular green waste cart? Response No. Under the curbside program described in Section 8.06 of Article 8 of the Collection SefVice Agreement residents will be able to place the whole tree at the curbside for collection. Changes from the City 64. Used Oil Cost Data. The City would like to obtain specific cost data for this program. Section 18.06.2 of Article 18 of the Collection Service Agreement will be amended to include this requirement. See Attachment 5 to this Addendum for the revised language. 65. Food Waste Grant funds. In the event the City elects to include SFD Organic Collection Service in the Agreement, the City will use Food Waste Grant Funds from the ACWMA to reimburse the Collection Contractor for authorized expenses in the first Agreement Year related to the provision of those services in an amount up to $8.00 per household subscribing to the service. Proposers should consider this in completing the Compensation Cost Forms. 66. Section 2.3 of the RFP. This Section has been amended to read 8,543 SFD Service Units. See Attachment 2 to this Addendum for the revised language. 67. Section 2.3.1 Table 2~1. Commercial units SIB 200314,511,200213,227,200113,401, 2000 12,982, 1999 12,193. See Attachment 2 to this Addendum for the revised language. 68. Section 2.5.1.3. The area code should be 510 not 925. See Attachment 2 to this Addendum for the revised language. 69. Article 5, Section 5.05.1.3 of the Collection Service Agreement - the annual growth factor calculation will take into account the change in the Calculated Revenue over a 12 month period. See Attachment 5 to this Addendum for the revised language. Additional Questions Received August 20, 2004 70.ls the incumbent contractor required to purchase all new equipment i.e. trucks, carts, bins, etc. Response See response to Question 40. 71.lf contractor is willing will the City allow incumbent to sell equipment to new contractor? Page 27 City of Dublin Addendum 1 Response If the equipment is appropriate for use under the terms of the Agreement. . Collection and Disposal Services 72. How will the new proposers be compared equally to the incumbent if the existing contractor does not need to purchase new equipment? Response In the event the City selects AFV's, all proposers will have to obtain equipment that is different from what is being used today. In the event the City allows the use of non-A FV's all proposers will be able to utilize equipment of their choice that meets the minimum standards set forth in the Agreement. 73. How will the successful proposer obtain the customer database? Response See response to Question 25. 74. Could you please furnish the complete rate listings including commercial. Response See response to Question 55. 75. The Agenda Statement for the June 1, 2004 City Council Meeting states that the total . annual revenue required is $5,021,639. Is this the revenue amount before or after disposal, processing and franchise fees are applied. Response This includes everything-disposal, processing, franchise fees etc. Proposers are cautioned that this figure relates to the current collection service program which is sianificantlv different from the proposed program. 76. Please explain Section 5.13 of the collection agreement Response See response to Question 30. 77, Does the non-collusion requirement also apply to third party contacts such as Union Representatives? Response Yes, as a representative of the proposer, union representatives fall under the provisions of the Non-Collusion Declaration, as well as the Process Integrity Rules. 78.ls commercial service for recycling and organics exclusive? Response Section 3 of the Collection Service Agreement sets forth the limitations to the exclusivity of the Agreement. . ~' Q!.olj~ l~~~~~~ ~~~ ; ~!lQ:iÞ'" Page 28 · · · City of Dublin Addendum 1 Collection and Disposal Services 79. Can a seniority list be obtained of those employees who could be retained under the worker retention section? Response Not at this time. In the event the current Contractor is not selected the City will work with the new Contractor to obtain the appropriate information. 80. We know that the City is interested in AFV trucks but would the City consider clean diesel trucks such as ultra red sulfur diesel trucks? Response In the event the City elects not to require CNG or LNG AFV's they will accept vehicles that meet the requirements of Section 14.01.3 of Article 14 of the Collection Service agreement. 81. Are there commercial customers that receive Saturday service? If so how many. Response Assuming that only customers receiving 6 day a week service receive Saturday Service, there are approximately 23. The City will try to confirm that this is indeed the case. 82, Does the City have an anti-scavenging ordinance? If so does the City assist in enforcing it, particularly with the commercial customers? Response The City will pursue code violations to the extent they are aware of them. The appropriate Section of the City Code reads as follows: 5.32.286 Ownership of source separated materials All source separated materials shall become the property of the recycling transporter who has provided the receptacle, upon deposit in the receptacle. It shall be unlawful for any person other than the owner of the receptacle to remove source separated materials from an approved receptacle, when placed for collection, without the express permission of the receptacle owner. (Ord. 4-90 § 5: Ord. 2-86 (part)) 83.lf the successful proposer submits their bid and the City sets the rates, what happens if the rates do not cover the bid amount? Response See Response to Question 30. Page 29 City of Dublin Addendum 1 Collection and Disposal Services · Additional Questions Received August 23, 2004 84. The CPI Series 10 for "CPI All Urban Consumers- All Items- Bay Area" is CUURA422SAO, as opposed to CUURX400SAO referenced in Exhibit 2 of the Draft Agreement (CUURX400SAO is for the Western Region), Response That is correct, the reference has been corrected. 85.ln the "additional data" forwarded to the proposers, there is a spreadsheet reflecting commercial accounts that are receiving food waste collection currently. Does this current program contemplate only pre-consumer food waste (i.e. vegetable matter from cutting tables, etc.), or does it also include post-consumer food waste (i.e., plate scraps, etc.)? Response The current contract includes both pre- and post consumer food waste. Additional Change from the City on August 24, 2004 86. Article 5, Section 5.11 of the Collection Service Agreement is amended. See Attachment 5 to this Addendum for the revised language. · Additional Question Received August 24, 2004 87. Do the residential carts presently have decals or are they hot stamped. Will the new carts be required to have specific information either hot stamped or decals placed on them? Response The current residential carts have decals. The City will allow decals or hot stamping. · Page 30 · · · City of Dublin Attachment 1 to Addendum 1 Collection and Disposal Services Attachment 1 Questions 2 & 3 - Section 1 of the RFP Documents is amended to read as follows. Section 1 Introduction to RFP Documents 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 andlor Disposal Services as set forth În 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 Wednesday, September 15. 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 referenced above are contained within the definitions and body of the Collection Service Agreement and the Disposal Service Agreement provided in Sections 5 and 6 of the RFP document. Prospective proposers are encouraaed to examine the Collection and Disposal Service Aareements in their entirety to ensure an understandina of the services beina reauested herein. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in this proceeding should contact Kay Keck, City Clerk for the City of Dublin, located at 100 Civic Plaza, Dublin, CA 94568, (925) 833-6650, at least 72 hours prior to any meetings. Proposers should be aware that the City's intent is for Collection and Disposal Services to begin on or about July 1, 2005. Proposers are cautioned to carefully review the Compensation and Rate Proposal Form Instructions in Section 7 of this RFP document before completing the Compensation and Rate Proposal Forms. Request for Proposal (RFP) documents may be seen or obtained from Kay Keck, City Clerk for the City of Dublin, located at 100 Civic Plaza, Dublin, CA 94568. The RFP document will be available for distribution beginning July 26, 2004 at 1 :00 p.m. PDT at the above address, and thereafter during the City's normal business hours. Anyone who has any questions regarding the availability of the RFP document may contact Ms. Keck, at (925) 833-6650. Technical questions should be addressed to Jason Behrmann, Senior Administrative Analyst, City of Dublin at (925) 833-6650. Page 31 City of Dublin Attachment 1 to Addendum 1 Collection and Disposal Services . A one-hundred dollar ($100) non-refundable processing fee will be required for each RFP package requested. In addition, regardless of whether they are proposing on Collection Services, Disposal Services, or Collection Services and Disposal Services, each proposer will be required to submit one and only one three thousand dollar ($3,000) non-refundable proposal submittal fee in the form of a cashiers check made payable to the City of Dublin with their proposal. The proposal submittal fee is being charged to cover a portion of the cost of developing the RFP package and evaluating the proposaÎs. The total cost for these services, including the RFP development, subsequent negotiations, and presentations is estimated to be approximately seventy thousand dollars ($70,000) per Service. This amount will be paid by the selected proposer(s) under the terms and conditions of the Collection and Disposal Service Agreements presented in Sections 5 and 6 of this RFP document. An RFP response will be deemed non-responsive if not accompanied by a single Bid Bond in the amount of fifty thousand dollars ($50,000), and the three thousand dollar ($3,000) cashiers check for the proposal submittal fee. The City's intent is to provide Collection and Disposal Services in the most effective and economic manner and, therefore, it will make the provider selection based on which proposer or proposers best fUlfill(s) the requirements and provides the best value to the City and its' residents. However, the City reserves the right to reject any and all responses to this RFP without any cause whatsoever. 1.2 Mandatory Pre-Proposal Conference A MANDATORY pre-proposal conference is scheduled to be held on Monday, August 16, 2004. beginning at 1 :00 p.m. PDT in the Regional Meeting Room at the Dublin Civic Center, 100 Civic Plaza, Dublin, CA 94568. FAILURE OF A PROPOSER TO A TTEND the mandatory pre-proposal conference shall render any response submitted by that proposer to be deemed non-responsive and their proposal shall not be considered for award. Decisions on this matter by the City shall be final. AI/ persons attending the pre-proposal conference will be asked to identify themselves and the prospective proposer they represent and to sign an attendance form, giving their name, address, telephone number, and e-mail address or attaching a business card with the same or more information. PROPOSERS must provide a completed FORM A, PROCESS INTEGRITY RULES, by the close of the MANDA TORY pre-proposal conference. Failure to do so will result in any response submitted by that proposer to be deemed non-responsive and their proposal shall not be considered for award. Decisions on this matter by the City shall be final. 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. .. Page 32 · · · City of Dublin Attachment 1 to Addendum 1 Collection and Disposal Services Table.1..1 PreliminaryP.r()curøm~nt Sch~dule Activity pate 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 15, 2004 - 1 :00 p.m. PDT Contract Award November 16, 2004 Begin Service July 1, 2005 Page 33 City of Dublin Attachment 2 to Addendum 1 Collection and Disposal Services Attachment 2 . Questions 7, 8, & 66 - 68 Section 2 of the RFP Documents is amended to read as follows. 2.3 Current Collection Services The residential base is comprised of approximately 8,543 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: 2.3.1 Program Information Specific program information for the City of Dublin, regarding tonnage by program type and route sched I d b f d' th fl' bl d f ue ata, can e oun In e 0 lowing ta es an 19ures. Table 2-1 CALENDAR YEAR REPORTS OF TONNAGE BY PROGRAM 2003 2002 2001 2000 1999 1998 Solid Waste & Large Items Residential Curbside 6,605 6,574 6,255 5,775 5,770 5,477 Special Clean-up 477 424 434 516 590 619 Subtotal 7,082 6,998 6,689 6,291 6,360 6,096 Commercial 14,511 13,227 13,401 12,982 12,193 10,957 Roll-Off 6,995 7,905 8,038 8,615 11,915 7,521 Total 28,588 28,130 28,128 27,888 30,468 24,574 . 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 . Page 34 · · · City of Dublin Attachment 2 to Addendum 1 Collection and Disposal Services 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. 510-614-1699. Page 35 City of Dublin Collection and Disposal Services Attachment 3 to Addendum 1 Attachment 3 · There are no changes to Section 3 of the RFP · · Page 36 · · · City of Dublin Attachment 4 to Addendum 1 Collection and Disposal Services Attachment 4 Question 2 Section 4 of the RFP Documents is amended to read as follows. 4.4 a) 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 proposal development fee incurred by the City. Such amount shall be approximately seventy thousand dollars ($70,000) for the Collection Service Agreement and approximately seventy thousand dollars ($70,000) for the Disposal Service Agreement and shall be noticed by the City to the selectedproposer(s) prior to Agreement execution. Failure to provide this statement or taking exception to this requirement will result in disqualification. Question 3 Section 4.1 of the RFP Documents is amended to read as follows. 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 to in the prescribed manner and time to provide COLLECTION SERVICES andlor DISPOSAL SERVICES in accordance with the terms and conditions set forth in the Collection Service and Disposal Service Agreements. Sealed proposals will be received until 1 :00 p.m.. PDT, September 15. 2004, at the office listed below. Question 14 Section 4 of the RFP Documents is amended to read as follows 4.4 j) xiii 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, ownerloperator, permit status, and permitted capacity). Proposers shall also provide a list of materials that will be accepted at the annual HHW event in addition to the following items: paint, stain, varnish, thinner and adhesives; auto products such as old fuel, motor oil, oil filters and batteries; household batteries; cleaners and sprays; and garden products, including pesticides and fertilizers Page 37 City of Dublin Attachment 5 to Addendum 1 Attachment 5 . Collection and Disposal Services Question 14 Section 11.06 of Article 11 of the Collection Service Agreement is amended to read as follows. 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. HHW to be collected at the event shall include at a minimum items such as: paint, stain, varnish, thinner and adhesives; auto products such as old fuel, motor oil, oil filters and batteries; household batteries; cleaners and sprays; and garden products, including pesticides and fertilizers. (Additional items to be added based on final list provided by proposers) 11.06.1 Except as set forth in Section 11.06.3 below, all costs, including but not limited to transportation, management, administration, site selection, processing and disposal, related to this event shall be the responsibility of the CONTRACTOR and no additional compensation will be provided by the CITY. 11,06.2 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. CONTRACTOR shall arrange for an appointment system to be in place to allow residents call in to make appointments to drop-off material at the HHW event. The appointment system shall be designed to minimize waiting time for residents and to encourage participation, . 11.06.3 The date and site of the HHW event shall be selected by the CONTRACTOR and approved by the CITY. The CITY shall assist the CONTRACTOR in locating a site as requested, however such site shall always be within the Municipal limits of 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, andlor processing locations; and cleaning-up the location at the end of the event. 11.06.4 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 participating in the HHW Drop-off event. 11.06.5 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. In . Page 38 City of Dublin Attachment 5 to Addendum 1 · Collection and Disposal Services addition, the report shall provide detail financial data regarding the cost of the event including but not limited to administrative, training, setup and cleanup, transportation, and processing. · Question 21 Sections 3.07.6 and 3.07.7 of Article 3 of the Collection Service Agreement are amended to read as follows. 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 as set forth in Article 29 of this Agreement. Under such circumstances, the CITY shall have the right to take possession of the bins and shall retain such possession subject to fair market rent until satisfactory arrangements can be made to provide Collection Services using other equipment. Such time of possession shall not be limited and regardless of the time of possession there shall be no monies owing to the CONTRACTOR from the CITY for the use of the equipment. Upon the receipt of written notice from the CITY, CONTRACTOR shall submit to the City Representative an inventory of bins, including their locations. 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 circumstances, the CITY shall have the right to take possession of the containers and shall retain such possession subject to fair market rent until satisfactory arrangements can be made to provide Collection Services using other equipment. Such time of possession shall not be limited and regardless of the time of possession there shall be no monies owing to the CONTRACTOR from the CITY for the use of the equipment. Upon the receipt of written notice from the CITY, CONTRACTOR shall submit to the City Representative an inventory of containers, including their locations. Question 22 Section 3.07.8 of Article 3 of the Collection Service Agreement is amended to read as follows. 3.07.8 Annual Inspection and inspect Cleaninq. Once each Agreement Year, at the reauest of the customer at no charge to the CITY or the MFD or Commercial Service Unit, CONTRACTOR shall inspect all Garbage, Recycling, and Organic Waste Bins at the Service Unit's premises and shall replace those bins needing cleaning with clean bins and remove the dirty bins for cleaning. Question 23 Section 27.02 of Article 27 of the Collection Service Agreement is amended to read as follows. 27.02 City-Directed Chanaes. CITY may direct CONTRACTOR to perform additional services (including new diversion programs, additional public education activities, etc.), eliminate programs, or modify the manner in which it performs existing services. Changes in the minimum diversion requirement set forth in Article 6 of this Agreement, direction of Residential Waste, Commercial Waste, City Waste or Recyclable Materials to a disposal or processing facility other than that selected by the · Page 39 City of Dublin Attachment 5 to Addendum 1 Collection and Disposal Services . CONTRACTOR, pilot programs and innovative services, which may entail new Collection methods, targeted routing, different kinds of services, different types of Collection vehicles, andlor new requirements for Service Recipients are included among the kinds of changes which CITY may direct. CONTRACTOR shall be entitled to an adjustment in its compensation for providing such additional or modified services but not and for the preparation of its proposal to perform such services. Question 24 Section 4.01.2 of Article 4 of the Collection Service Agreement is amended to read as follows. 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 1 st 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 multiplied by 6 (months). Question 26 Section 4.01.3 of Article 4 of the Collection Service Agreement is amended to read as follows. 4.01.3.1 SFD Service Units. Costs of larger Garbage 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 Collectior . 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. Question 30 Sections 5.12 and 5.13 of Article 5 of the Collection Service Agreement are amended to read as follows. 5.12 Calculation of Service Rates. CITY shall calculate those rates that it deems appropriate so long as the revenue forecasted to be received by CONTRACTOR from charging such rates GaR reason3bly be Q)(pected to provides the compensation to the CONTRACTOR as calculated in Section 5.05 above. In preparing the service rate calculations, CITY may use the most current event census data available As part of the rate calculation process, CITY shall provide the rate calculations and assumptions to the CONTRACTOR for their review. However, tho final decision of tho r3to ¡::tructure rocts solely with the CITY. 5.13 Compensation Variances. CONTRACTOR shall retain any compensation in excess of that calculated in Section 5.05 above and shall not be entitled to any additional revenues if compensation is less than calculated in Section 5.05 above. . Page 40 · · · City of Dublin Attachment 5 to Addendum 1 Collection and Disposal Services Question 34 Section 8.05 of Article 8 of the Collection SeNice Agreement is amended to read as follows. 8.05 Overaaes. In the event the Recycling Cart is full, corrugated cardboard that is of a size to fit in an empty Recycling Cart may be placed beside the Recycling Cart for Collection. Question 38 Exhibit 6 of the Collection SeNice Agreement is amended to read as follows. Exhibit 6 City of Dublin, CA City Sponsored Events Dayan the Glen Portable Restroom Requirements 10 - Single skid toilets 1 - VIP portable restroom trailer 3 - Handicap toilets 2 - 2-person hand wash systems 1 -250 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 2 - 250 gallon holding tank Container Requirements [To be completed by City] Question 64 Section 18.06.2.1 of Article 18 of the Collection SeNice Agreement is added to read as follows. Page 41 City of Dublin Attachment 5 to Addendum 1 Collection and Disposal Services . 18.06.2.1 Used Oil Proaram. CONTRACTOR shall provide detailed financial data regarding the cost of providing Used Oil Collect Service. To the extent practical segregate the program costs between the SFD and MFD programs. Financial data should include but not be limited to costs in the following four categories, administration, collection, transportation and disposal. Questions 69 & 86 Article 5 of the Collection Service Agreement is added to read as follows. ARTICLE 5. Compensation and Rates 5.01 Collection Service Rates. The CONTRACTOR shall charge Service Recipients the service rates established in Exhibit 1 to this Agreement and as may be adjusted under the terms of this Agreement. 5.02 Collection Service Compensation to CONTRACTOR. Collection SeNice 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 SeNice Compensation Elements. Collection SeNice 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 Adjustments. 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 Adjustments to Collection Compensation Element. The Collection Compensation Element adjustment consists of two (2) factors, the Refuse Rate Adjustment (RRI) factor and the annual growth (AG) factor. 5.05.1.1 RRI Factor. The RRI factor shall be the lessor of fiva porcant (5%) or the sum of the weighted percentage change in the Annual Average of each RRI index number between the second (2Ild) 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 (2Ild) 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. 5.05.1.2 Annual Growth Factor. The AG factor for each compensation adjustment shall be the percentage change in the beginning Calculated Revenue and the ending Calculated Revenue. . Page 42 City of Dublin Attachment 5 to Addendum 1 · Collection and Disposal Services 5.05.1.3 Initial Calculation. Calculated Revenue shall be the sum of the product of the Collection Service event census data multiplied by the appropriate Service rate. For purposes of determining the AG factor for the initial compensation adjustment of July 1, 2006, beginning Calculated Revenue shall be calculated using the Collection Service event census data and rates as of July 1, 2005 and ending Calculated Revenue shall be calculated using the Collection Service event census data as of December 31, 2005 and the rates as of the July 1, 2005 as shown on Exhibit 2. · 5.05.1.4 Subseauent Calculations. Calculated Revenue shall be the sum of the product of the Collection Service event census data multiplied by the appropriate Service rate. For purpose of determining the AG factor for all subsequent compensation adjustment, beginning Calculated Revenue shall be calculated using the Collection Service event census data as of the preceding January 1 sl and rates as of the preceding July 1 st and ending Calculated Revenue shall be calculated using the Collection Service event census data as of the preceding December 31st and the rates as of the preceding July 1 st. Therefore to determine the AG factor for the July 1, 2007 compensation adjustment, beginning Calculated Revenue shall be calculated using the Collection Service event census data as of January 1, 2006 and rates as of July 1, 2006 and ending Calculated Revenue shall be calculated using the Collection Service event census data as of December 31, 2006 and the rates as of the July 1, 2006. 5.05.1.5 Collection Compensation Element Adjustment. The annual Collection Compensation Element adjustment shall be calculated by multiplying the Collection Compensation Element times one (1) plus the sum of the RRI factor and the AG 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 ATF factor shall be the percentage change in the approved tip fee of the Disposal Contractor in effect during the first (1 Sl) month of the then current Agreement Year and the approved tip fee to be effective on the first (1 Sl) day of the subsequent Agreement Year. Therefore the first (1 Sl) 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. 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 Agreement Year divided by six (6) and multiplied by twelve (12). 5.05.2.3 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 preceding · Page 43 City of Dublin Attachment 5 to Addendum 1 Collection and Disposal Services . twelve months ended December 31 st. Therefore the AG factor for the July 1, 2007 compensation adjustment will be the percentage change between the prior Current Calculated Tonnage and the actual tonnage disposed by the CONTRACTOR at the Disposal Facility for the preceding twelve months ended December 31,2006 (the Current Calculated Tonnage). 5.05.3 Disposal Compensation Element Adjustment. The annual Disposal Compensation Element adjustment shall be calculated by multiplying the Disposal Compensation Element times one (1) plus the AT factor as shown in Exhibit 2. 5.05.4 Adiustments 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 Adjustment. 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 38 m3Y be furthor rovisod by CITY from timo to timo. 5.07 Collection Service Event Census Data. On or before August 20, 2005 and monthly thereafter during the term of this Agreement, CONTRACTOR shall deliver to CITY, Collection Service event census data consisting of the number of Collection Service events provided to SFD, MFD and Commercial Service Units during the preceding month. A Collection Service event shall be any service above the Minimum SFD Collection Service minimum service billed by the City. The census data shall be segregated by type of service and as appropriate, container size, number of containers and frequency of Collection. 5.0B Tonnaqe 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 the extent practical. . Page 44 · · · City of Dublin Attachment 5 to Addendum 1 Collection and Disposal Services 5.09 Roundina. 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. 5.10 Extraordinary Circumstances. If CONTRACTOR for reasons within its control 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 delayed for that time durinq which said reports were not provided 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:(i) materially alters CONTRACTOR'S operations or overall costs; (ii) could not reasonably have been foreseen by a prudent operator; (iii) which, by ::111 reasonable axpoct:!tionc will continue fDr a period of :It 103£t six (6) month€:; :lnd (iv) is not addressed pursuant to Article 27. CONTRACTOR'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 it deems necessary to fully evaluate the request and make its determination. The CITY shall approve or deny the request, in whole or in part, within sixty (60) calendar days of receipt of the written request and all other additional information required and requested by the CITY. In the event the City denies the reauest contract may pursue all available remedies. 5.12 Calculation of Service Rates. CITY shall calculate those rates that it deems appropriate so long as the revenue forecasted to be received by CONTRACTOR from charging such rates can reasonably be expected to provide compensation to the CONTRACTOR as calculated in Section 5.05 above. In preparing the service rate calculations, CITY may use the most current event census data available. As part of the rate calculation process, CITY shall provide the rate calculations and assumptions to the CONTRACTOR for their review. Howovor, the final doci€:ion of the r:lto ctructuro rests cololy with tho CITY. 5.13 Compensation Variances. CONTRACTOR shall retain any compensation in excess of that calculated in Section 5.05 above and shall not be entitled to any additional revenues if compensation is less than calculated in Section 5.05 above. Page 45 City of Dublin Attachment 6 to Addendum 1 Attachment 6 . Collection and Disposal Services Question 47 Section 1.10 of the Disposal Service Agreement is amended to read as follows. 1.10 Disposal Facility, The (enter Disposal Site name) owned by (enter owner name) located in (enter facilitv location) or such place or places approved by the CITY for the disposal, or processing as appropriate, of Solid Waste and other materials as appropriate, Question 48 Section 2.02 of the Disposal Service Agreement is amended to read as follows and Section 2.03 is added, 2.02 Extension of Term. On or about February 1, 2014, the CITY may offer the CONTRACTOR in writing an extension of this Agreement for a total of not more than ten (10) years. CONTRACTOR shall provide written notice to CITY as to whether CONTRACTOR accepts or rejects CITY'S offer within twenty (20) Work Days of the date of the offer. If CONTRACTOR fails to provide such notice to CITY within said twenty (20) Work Days, CITY'S offer shall be deemed withdrawn and CITY shall have no obligation to extend the term of this Agreement beyond June 30, 2015. If the term of this Agreement is extended, the compensation provisions of Article 5 shall be sUbject to negotiation. 2,03 Nothing in this Agreement shall be construed to provide a unilateral right in either CONTRACTOR or CITY for an extension of the term. Question 49 Section 4,06 of the Disposal Service Agreement is amended to read as follows. . 4.06 Davs 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 6:00 a.m. to 5:00 p,m. and Saturday from 6:00 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. Question 50 Section 4.06.2 of the Disposal Service Agreement is amended to read as follows. 4,06.2 Holidays. CONTRACTOR shall not be required to accept Solid Waste from the Collection Contractor on Thanksgiving Day, Christmas Day and New Years Day. Question 51 Sections 4.08, and 24.02.1.a of the Disposal Service Agreement are amended to read as follows. 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 on averaQe after arriving at the scale house and mounting the scale to weigh-in. . K) Qf~' 6 "P lfl , ~~ ~ &-_/~\'o '!/drup,1 Page 46 · · · City of Dublin Attachment 6 to Addendum 1 Collection and Disposal Services 24.02.1 CONTRACTOR agrees to pay (as liquidated damages and not as penalty) the following amounts: a. Failure to turnaround Collection Contractor vehicles at the Disposal Facility or transfer station within the 20 minute limit on averaqe $100 per occurrence Question 52 Section 5.04. of the Disposal Service Agreement is amended to read as follows. 5.04 Moct Favored Cuctomor. At ::my timo during the term of this Agreement, the Dicpoc:J1 r:Jto ch311 not Q)(oeed the lowoct r:Jte then being charged :Jt the Dispos:J1 F:tcility to :my other simil3r size municip:Jlity or service district th:tt is delivering cimil3r qU3ntitioc of Solid W:tcto to tho Dicpoc:J1 F3cility th:tt h:Jc beon collected under :J fr:Jnchise agreemont with a municip:Jlity or cervioe dictrict. Page 47 City of Dublin Collection and Disposal Services Attachment 7 to Addendum 1 . Attachment 7 Question 16 Collection Service Cost Proposal Form 0-1 has been amended to read as follows. CITY of Dublin Collection Service Compensation Proposal Form D-1 Agreement Service Level 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) Agreement Year 1 $ Proposers should provide the required information on lines 1,2 and 5 of Form D-1. Aqreement Service Level. The Agreement service level includes Collection Services 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 up to three (3) times per Agreement Year, at up to seven (7) cubic yards per collection event; . Page 48 · · · City of Dublin Attachment 7 to Addendum 1 Collection and Disposal Services · 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". Disposal Facilitv This Cost proposal is based on the use of the . disposal (or transfer) facility. In the event the City selects a different disposal (or transfer) facility the Collection Compensation Element Contained on Collection Service Compensation Forms D-1 through D-5 will change by the following percentage. Altamont Landfill: Increase % Decrease % Vasco Road Landfill Increase % Decrease % Davis Street Transfer Station Increase % Decrease % Other (fill in-) Facility Increase % Decrease % Page 49