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Reso 059-95 WasteMng-Garbage
RESOLUTION NO. 59 - 95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING APPROVAL OF AN AGREEMENT WITH WASTE MANAGEMENT OF ALAMEDA COUNTY FOR INTEGRATED SOLID WASTE MANAGEMENT SERVICES WHEREAS, solid waste collection and disposal services are currently provided to the City of Dublin under a franchise agreement with Waste Management of Alameda County; and WHEREAS, the term of the current agreement expires March 31, 1996; and WHEREAS, the City has also contracted with Waste Management of Alameda County (WMAC) to provide residential recycling services pursuant to two separate agreements; and WHEREAS, the recycling agreements also provide for an expiration date of March 31, 1996; and WHEREAS, it is desirous to have a single agreement covering all solid waste services in a comprehensive manner; and WHEREAS, State Law and the adopted City of Dublin Source Reduction and Recycling Element (SRRE) require that the City take proactive steps to reduce and control the volume of waste placed in the landfill; and WHEREAS, Waste Management of Alameda County has prepared a proposal to provide a comprehensive program in a cost effective manner; and WHEREAS, the City has negotiated with Waste Management of Alameda County pursuant to Public Resources Code Section 40059; and WHEREAS, the culmination of the negotiations is a Final Agreement identifying the terms and conditions for a new exclusive franchise agreement which will be effective January 1, 1996. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve and adopt the Agreement between City of Dublin and Waste Management of Alameda County for Integrated Solid Waste Management Services. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement on behalf of the City of Dublin, substantially in the form attached hereto and as presented to the City Council on June 13, 1995: BE IT FURTHER RESOLVED that Staff is hereby directed and authorized to carry out all administrative tasks resulting from the new agreement, including but not limited to, notifying the Alameda County Joint Refuse Rate Review Committee of the termination of membership for purposes of addressing any issues arising from operations subsequent to December 31, 1995. PASSED, APPROVED AND ADOPTED this 13th day of June, 1995. AYES: Councilmembers Barnes, Moffatt and Mayor Houston NOES: Councilmembers Burton and Howard ABSENT: None ABSTAIN: None Mayor ATTEST: K2/cc-mtg s/6-13- 95/resowmac, doc FINAL AGREEMENT BETWEEN CITY OF DUBLIN AND WASTE MANAGEMENT OF ALAMEDA COUNTY FOR INTEGRATED SOLID WASTE MANAGEMENT SERVICES June 13, 1995 FINAL AGREEMENT BETWEEN CITY OF DUBLIN AND WASTE MANAGEMENT OF ALAMEDA COUNTY FOR INTEGRATED SOLID WASTE MANAGEMENT SERVICES TABLE OF CONTENTS RECITALS ARTICLE 1. 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 DEFINITIONS AB 939 Affiliate Agreement Base Rate Billings California Integrated Waste Management Act City Collect/Collection Corninertial and Industrial Property Commerdally Generated Recydable Materials Company Company Collection Compensation Company Compensation Company Disposal Compensation Company's Proposal Construction Debris Containers Demolition Debris Disposal Disposal Site(s) Environmental Laws Facility Fee Component Fiscal Year Franchise Garbage Page 1 3 3 3 3 3 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 5 6 6 6 6 6 6 June 13, 1995 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 1.39 1.40 1.41 1.42 1.43 1.44 1.45 1.46 1.47 1.48 1.49 1.50 1.51 1.52 Gate Rate Green Waste Hazardous Substance Hazardous Waste Household Hazardous Waste (HHW) Legislation Materials Recovery Facility (MRF) Multi-Family Dwelling Unit Owner Person Premises Rate Year Recycling Recydable Recydable Materials Recycled Refuse Related Party Entity Residential Property Rubbish Second Rate Ye~ Single-Family Dwelling Unit Solid Waste Source Reduction Program Source Separation Waste Generator Page 6 7 7 7 8 8 8 8 8 8 8 8 9 9 9 9 9 9 9 9 9 10 10 10 10 ARTICLE 2. GRANT AND ACCEPTANCE OF FRANCHISE 11 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 Grant and Acceptance of Franchise Effective Date Term of Agreement Option to Extend Term Conditions to Effectiveness of Agreement Scope of Franchise Limitations to Scope City's Right to Direct Changes Ownership of Solid Waste Company Status Company Authorization Statements and Information in Proposal Status of Disposal Site Closure of Disposal Site 11 11 11 11 11 12 12 14 15 I6 16 16 17 17 June 13,1995 ARTICLE 3. 3.1 3.2 3°3 3.4 ARTICLE 4. 4.1 4.2 4.3 4.4 4.5 4.6 4.7 ARTICLE 5. 5.1 5.2 5.3 5.4 ARTICLE 6. 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 ARTICLE 7. 7.1 FRANCHISE FEE AND SOURCE REDUCTION AND RECYCLING FEE (SRR FEE), AND ADMINISTRATIVE FEE Source Reduction and Recycling (SRR) Fee Administrative Fee Other.Fees DIRECT SERVICES Solid Waste Recycling Green Waste Program Operations Implementation Plan Contingency Plan Disposal OTHER SERVICES Services and Customer Billing Customer Service Education and Public Awareness Waste Generation/Characterization Studies COMPANY'S COMPENSATION AND RATES General Company's Initial Compensation Company's Compensation for the Second Rate Year Company's Compensation for Subsequent Rate Years Company's Compensation for the Extension Period Application for Adjustment Variances from Projections Extraordinary Adjustments Initial Rams Subsequent Rates City Grants REVIEW OF SERVICES AND PERFORMANCE Performance Hearing Page 18 18 19 19 20 21 21 24 26 27 34 34 34 39 39 40 42 43 44 45 45 50 51 51 52 52 53 53 53 June 13, 1995 ARTICLE 8. 8.1 8.2 8.3 8.4 ARTICLE 9. 9.1 9.2 9.3 9.4 9.5 9.6 ARTICLE 10. 10.1 10.2 10.3 10.4 10.5 10.6 ARTICLE 11. 11.1 11.2 11.3 11.4 11.5 11.6 ARTICLE 12- 12L1 12.2 12.3 12.4 12.5 12_6 12.7 12.8 RECORDS, REPORTS AND INFORMATION REQUIREMENTS General Records Reports Right to Inspect Records INDEMNIFICATION, INSURANCE AND BOND Indemnification Hazardous Substances Indemnification AB 939 Commitment Altamont Disposal Fac_,ility Closure/Post-Closure Credit Insurance Faithful Performance Bond CITY'S RIGHT TO PERFORM SERVICE General Temporary Possession of Company's Property Billing and Compensation to City During City's Possession City's Right to Relinquish Possession City's Possession Not a Taking Duration of City's Possession DEFAULT, REMEDIES AND LIQUIDATED DAMAGES Events of Default Right to Terminate Upon Default Liquidated Damages Excuse from Performance Notice, Hearing and Appeal of City Breach Assurance of Performance OTHER AGREEMENTS OF THE PARTIES Relationship of Parties Compliance with Law Governing Law Jurisdiction Assignment Affiliated Companies Contracting or Subcontracting Binding on Assigns Page 56 56 56 58 61 63 63 64 64 65 65 70 71 71 72 73 73 73 73 74 75 76 79 80 81 82 82 82 82 82 83 85 85 85 lune 13, 1995 12_9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12_18 12.19 12.20 ARTICLE 13. Transition to Next Company Parties in Interest Waiver Company's Investigation Condemnation Notice Representatives of the Parties City Free to Negotiate with Third Parties Compliance with Municipal Code Lease of Equipment and Facilities Privacy Early Termination of Obligations under Current Agreement M/SCELLANEOUS AGREEMENTS 13.1 Entire Agreement 13.2 Section Headings 13.3 References to Laws and Other Agreements 13.4 Interpretation 13.5 Agreement 13.6 Severability 13.7 Exhibits Page 85 86 86 86 86 86 87 87 88 88 88 88 89 89 89 89 89 89 89 90 Exhibits 1. Company's Proposal 2. Public Facilities 3. Initial Rates 4. Faittfful Performance Bond 5. Notary Certification 6. Calculation of Company's Compensation for 18-Month Period Ending June 30, 1997 7. Calculation of Company's Collection Compensation for 12-Month Period Ending June 30, 1998 8. Calculation of Company's Disposal Compensation for 12-Month Period Ending June 30, 1998 9. Example of Calculation of Company's Compensation and Rate Adjustment June 13, 1995 RECITALS This Franchise Agreement (Agreement) is entered into this __ day of ,1995, by and between the City of Dublin (City) and Waste Management of Alameda County (Company), for the collection, transportation, recycling, processing, and disposal of solid waste and other services related to meeting the goals and requirements of the California Integrated Waste Management Act. Redtals WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (AB 939) (California Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and require local agendes to make adequate provisions for solid waste handling within their jurisdictions; and, WHEREAS, pursuant to California Public Resources Code Section 40059(a)(2), the City Coundl of City has determined that the public health, safety, and well-being require that an exclusive franchise be awarded to a qualified company for the collection, transfer and transportation, recycling, processing, and disposal of solid waste and other services related to meeting the diversion goals of 25% by January 1, 1995, and 50% by January 1, 2000, and other requirements of the California Integrated Waste Management Act; and, WHEREAS, the City Coundl of City dedares its intention of maintaining reasonable rates for the collection, transportation, recycling, processing, and disposal of solid waste and other services; and, WHEREAS, the City is party to three agreements with affiliates of the Company, as follows: (1) "Agreement Between the City of Dublin and Oakland Scavenger Company Regarding Waste Collection and Disposal," date March 10, 1986, as amended; (2) "Agreement Between the City of Dublin and Livermore Disposal for the Dublin Recycle America Program," dated April 24, 1990, as amended ;and (3) "Agreement for Multi-Family Recycling Between Oakland Scavenger Company (OSC), Livermore Dublin Disposal (LDD) and the City of Dublin (CITY)," dated February 22, 1993, as amended; (hereafter collectively referred to as "current agreements"). -1- June 13, 1995 WI-{EREAS, the current franchise agreements will expire on March 31, 1996; and, WI-IEREAS, City and Company (Parties) hereto desire to enter said Agreement; and, WHEREAS, Company agrees to and acknowledges that it shall arrange for the proper disposal of all solid waste collected in City and City is not instructing Company how to collect and dispose of solid waste. NOW, THERF. FORE, in consideration of the premise above stated and the terms, conciitions, covenants and agreements conealmed herein, the Parties do hereby agree as follows: -2- June 13, 1995 ARTICLE 1 DEHNITIONS AB 939 "AB 939" means the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et al.), as it may be amended from time to time. Affiliate "Affiliate" means all businesses (including corporations, limited and general parmerships and sole proprietorships) which are directly or indirectly related to Company by virtue of direct or indirect ownership interest or common management shall be deemed to be "Affiliated with" Company and included within the term "Affiliates" as used herein. An Affiliate shall include a business in which Company owns a direct or indirect ownership interest, a business which has a direct or indirect ownership interest in Company and/or a business which is also owned, controlled or managed by any business or individual which has a direct or indirect ownership interest in Company. For purposes of determining whether an indirect ownership interest exists, the constructive ownership provisions of Section 318(a) of the Internal Revenue Code of 1986, as in effect on the date of this Agreement, shall apply; provided, however, that (i) "ten percent (10%)" shall be substituted for "fifty percent (50%)" in Section 318(a)(2)(C) and in Section 318(a)(3)(C) thereof; and (ii) Section 318(a)(5)(C) shall be disregarded. For purposes of determining ownership under this paragraph and constructive or indirect ownership under Section 318(a), ownership interest of less than ten percent (10%) shall be disregarded and percentage interests shall be determined on the basis of the percentage of voting interest or value which the ownership interest represents, whichever is greater. Agreement "Agreement" means this Franchise Agreement between City and Company for Collection, transportation, Recycling, processing and Disposal of Refuse, Recydable Materials and Yard Waste, and other services related to meeting the goal and requirements of AB 939, including all exhibits and attachments, and any amendments thereto. Base Rate "Base Rate" means that portion of the Gate Rate which represents Company's charge for Disposal and includes all Disposal Site operating costs, general and administrative costs and profit. -3- Iune 13, 1995 10. 11. 12. Billinffs "Billings" means any and all statements of charges for services rendered, howsoever made, described or designated by Company, or made by others for Company, to owners or occupants of property, including Residential Property and Commercial and Industrial Property, served by Company for the Collection of Solid Waste. California IntegTated Waste Management Act "California Integrated Waste Management Act" means Public Resources Code, Section 40000 et seq. "City" means City of Dublin, a municipal corporation, and all the territory lying within the municipal boundaries of City as presently existing or as such boundaries may be modified during the term of this Agreement. Collect/Collection "Collect" or "Collection" means to take physical possession, transport, and remove Solid Waste within and from City. Commercial and Industrial Property "Commerdal and Industrial-Property" means property upon which business activity is conducted, including but not limited to retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding businesses conducted upon Residential Property which are permitted under applicable zoning regulations and are not the primary use of the property. Commercially Generated Recyclable Materials "Commerdally Generated Recydable Materials" means Recydable materials generated at Commercial and/or Industrial Property and separated by the Waste Generator for Collection in a manner different from Garbage or Refuse. Company "Company" means Waste Management of Alameda County, a corporation organized and operating under the laws of the State of California and its officers, directors, employees, agents, companies and subcontractors. Company Collection Compensation "Company Collection Compensation" means the full, entire and complete compensation due to Company for all costs (including labor, equipment, material and supplies, taxes, insurance, bonds, overhead, profit and all other things), excluding Company Disposal Compensation, necessary to perform all services required by this Agreement. Iune 13, 1995 13. 14. 15. 16. 17. 18. 19. 20. Company Compensation "Company Compensation" means the revenue received by the Company from Billings in return for providing services in accordance with this Agreement and any amendments to this Agreement and is the sum of Company Collection Compensation and Company Disposal Compensation. Company Disposal Compensation "Company Disposal Compensation" means the full, entire and completed compensation due to Company for all costs assodated with Disposal of Solid Waste collected by Company from Waste Generators. Company's Proposal "Company's Proposal" means the proposal submitted by Company and received on March 1, 1995, in response to a Request for Proposals dated January 25, 1995, and amended through negotiations, which is included as Exhibit 1 to this Agreement and is incorporated by reference. Construction Debris "Construction Debris" means used or discarded construct-ion materials removed from a Premises during the construction of a structure. Containers "Containers" means any and all types of Solid Waste receptacles. Demolition Debris "DemoLition Debris" means used construction materials removed from a site during the razing or renovation of a structure as part of a total service offered by a duly licensed demoLition contractor (C-21 license). Disposal "Disposal" means the final disposition of Solid Waste Collected by Company at a landfill or other faciLity approved by City. Disposal Site(s) "Disposal Site(s)" mean the Solid Waste handling fadlity or fadLities designated by City for the ultimate Disposal of Solid Waste Collected by Company. City designates the Altamont Landfill as the Disposal Site as of the date this Agreement is executed. -5- June 13, 1995 21. 26. 27. Environmental Laws "Environmental Laws" means all federal and state statutes, county, local and City ordinances concerning public health, safety and the environment including, by way of example and not limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC §9601 et seq.; the ResourCe Conservation and Recovery Act, 42 USC §6902 et seq.; the Federal Clean Water Act, 33 USC §1251 et seq.; the Toxic Substances Control Act, 15 USC §1601 et seq.; the Occupational Safety and Health Act, 29 USC §651 et seq.; the California Hazardous Waste Control Act, California Health and Safety Code §25100 et seq.; the California Toxic Substances Account Act, California Health and Safety Code §25300 et seq.; the Porter-Cologne Water Quality Control Act, California Water Code §13000 et seq.; the Safe Drinking Water and Toxic Enforcement Act, California Health and Safety Code §25249.5 et seq.; as currently in force or as hereafter amended, and all rules and regulations promulgated thereunder. Facility "Facility" means any plant or site, owned or leased and maintained, operated or used by Company for purposes of performing under this Agreement. Fee Component "Fee Component" means that portion of the Gate Rate which consists of any Federal, State and local fees and taxes imposed on Solid Waste and authorized pursuant to this Agreement. Fiscal Year "Fiscal Year" means the period commencing January 1 of one year and concluding December 31 of that same year for Company. For City, it means the period commencing July 1 of one year and concluding June 30 of the subsequent year. Franchise "Franchise" means the special right granted by City to operate a public utility for Solid Waste Collection services within City. Garbage "Garbage" means putrescible animal, fish, food, fowl, fruit or vegetable matter, or any ~orm thereof, resulting from the preparation, storage, handling or consumption of such substances. Gate Rate "Gate Rate" means the total of all Disposal charges and fees and taxes to be charged by Company to Waste Generators for the Disposal of Solid Waste pursuant to this -6- Iune 13, 1995 28. 29. 30. 31. Agreement. The Gate Rate consists of the Base Rate, the Fee Component and all increases in those charges and fees permitted under the terms of this Agreement. Green Waste "Green Waste" means tree trimmings, grass cuttings, dead plants, leaves, branches and dead trees (not more than six (6) inches in diameter) and similar materials generated at the Premises. Hazardous Substance "Hazardous Substance" shall mean any of the following: (a) any substances defined, regulated or listed (directly or by reference) as "Hazardous Substances", "hazardous materials", "Hazardous Wastes", "toxic waste", "pollutant" or "toxic substances" or similarly identified as hazardous to human health or the environment, in or pursuant to (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC §9601 et seq.(CERCLA); (ii) the Hazardous Materials Transportation Act, 49 USC §1802, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC §6901 et seq.; (iv) the Clean Water Act, 33 USC §1251 et seq.; (v) California Health and Safety Code §§25115-25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC §7901 et .seq.; and (vii) California Water Code §13050; Co) any amendments, rules or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereafter enacted; and (c) any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regaLiated under any other applicable federal, state or local environmental laws currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyls ("PCBs"), petroleum, natural gas and synthetic fuel products, and by-products. Hazardous Waste "Hazardous Waste" means all substances defined as Hazardous Waste, acutely Hazardous Waste, or extremely Hazardous Waste by the State of California in Health and Safety Code §25110.02, §25115, and §25117 or in the future amendments to or recodifications of such statutes or identified and listed as Hazardous Waste by the US Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC §6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder. Household Hazardous Waste (HHW) "Household Hazardous Waste" means Hazardous Waste generated at residential Premises. -7- June 13, 1995 32. 33. 35. 36. 37. 38. 39. Legislation "Legislation" means any code, ordinance, resolution or any other forms/enactment of the governing body of City which now exists or which may hereafter be adopted which constitutes law or regulation governing the operation of Company. Materials Recovery Facility (MRF) "Materials Recovery Facility" means a permitted Solid Waste fadlity where Solid Wastes or Recydable Materials are sorted or separated for the purposes of Recycling or composting. Multi-Family Dwelling Unit "Multi-Family Dwelling Unit" means any Premises serviced in a manner similar to Commerdal and Industrial Property (bin or debris box), but used for residential purposes (not including hotels or motels), irrespective of whether residence therein is transient, temporary or permanent. Owner "Owner" means the Person holding the legal title to the real property constituting the Premises to which Solid Waste Coiledion service is to be provided under this Agreement. -. Person "Person" means any individual, firm, assodation, organization, partnership, corporation, business trust, joint venttLre, the United States, the State of California, the County of Alameda, towns, dries, and spedal purpose districts. Premises "Premises" means any land, or building in City where Solid Waste is generated or' accumulated. Rate Year "Rate Year" means the twelve month period, commenting July 1, of one year and concluding June 30 of the subsequent year, for which Company Compensation is calculated. Recycling "Recycling" means the process of separating for Collection, Collecting, treating and/or reconstituting Recyclable Materials which would otherwise be discarded without receiving compensation and returning them to the economy in the form of raw materials for new, reused, or reconstituted products. The Collection, transportation or Disposal of Solid Waste not intended for, or capable of, reuse is not Recycling. Recycling does not include use of Solid Waste for conversion to energy. -8- June 13, 1995 40. 41. 42. 43. 45. 46. 47. Recyclable "Recydable" means a material which can be processed into a form suitable for reuse through reprocessing or re-manufacture consistent with the requirements of the California Integrated Waste Management Act. Recyclable Materials "Recydable Materials" means residential, commerdal or industrial Source Separated by- products of some potential economic value, set aside, handled, packaged, or offered for Collection in a manner different from Garbage or Refuse. Recycle4 "Recycled" means the act of having processed Recydable Materials into a form suitable for reuse and having marketed those processed materials for a use consistent with the requirements of the California Integrated Waste Management Act for Recycled materials. The act of marketing does not require that revenue is generated from the processed materials. Refuse "Refuse" includes both Garbage and Rubbish and means putresdble and non- putrescible Solid Waste or debris, except sewage, whether combustible or non- combustible. Related Party Entity "Related Party Entity" means any Affiliate which has ~nandal transactions with Company Residential Property "Residential Property" means property used for residential purposes, irrespective of whether such dwelling units are rental units or are owner-occupied. Rubbish "Rubbish" means all waste wood, wood products, printed materials, paper, paste board, rags, straw, used and discarded clothing, packaging materials, ashes, floor sweepings, glass and other materials not included in the definition of Garbage, Hazardous Substance, Yard Waste or Recydable Materials. Second Rate Year "Second Rate Year" means the one-year period from July 1, 1997 through June 30, 1998. Sir~e Family Dwelling Unit "Single Family Dwelling Unit" means each Premises used for or designated as a single family residential dwelling, including each unit of a duplex, triplex or town house in all cases in which there is separate or individual Solid Waste Collection service using cans or carts. -9- June 13, 1995 49. 50. 51. 52. Solid Waste "Solid Waste" means all putreSdble and non-putresdble residential Refuse, corninertial Refuse, institutional Refuse, Garbage, Recydable Material, Green Waste, and Rubbish and as otherwise defined in Public Resources Code ~40191. Any material that a Waste Generator pays to be hauled away shall be defined to be Solid Waste and not a Recydable Material. Source Reduction Program "Source Reduction Program" means any program that reduces the amount of Refuse that would otherwise be disposed of in a landfill, including without limitation Recycling, processing, salvaging and waste-to-energy projects. Source Separation "Source Separation" means the segregation into separate Containers by the Waste Generator of individual components of material which otherwise would become Refuse or Garbage, such as glass bottles, metal cans, newspapers, plastic containers, etc., for the sole purpose of Recycling, to be picked up by Company. Waste Generator "Waste Generator" means any Person as defined by Section 40170 of the Public Resources Code, whose act or process produced Solid Waste as defined in Public Resources Code Section 40191, or whose act first causes Solid Waste to become subject to regulation. -10- June 13, I995 ARTICLE 2 GRANT AND ACCEPTANCE OF FRANCHISE 2.1 Grant and Acceptance of Franchise Subject to Section 2.5, City hereby grants to Company the exclusive Franchise, right and privilege to Collect, transfer, transport, Recycle, process, and dispose of Solid Waste and Construction and Demolition Debris accumulating in City that is required to be accumulated and offered for Collection to Company in accordance with t_his Agreement. Company hereby accepts the Franchise on the terms and conditions set forth in this Agreement. 2.2 .Effective Date The effective date of this Agreement shall be January 1, 1996 ("effective date"). 2.3 Term of Agreement -. The term of this Agreement shall be seven (7) years and six (6) months commencing at midnight December 31, 1995, and expiring at midnight June 30, 2003, subject to 'extension as provided in Section 2.4. 2.4 Option to Extend Term City shall have the sole option to extend this Agreement three (3) times up to thirty-six (36) months in periods of at least twelve (12) months each. If City elects to exercise this option, it shall give written notice not later than ninety (90) days prior to the initial termination date, or, if an extension has been exerdsed, ninety (90) days prior to the extended termination date. 2.5 Conditions to Effectiveness of Agreement The obligation of City to permit this Agreement to become effective and to perform its undertakings provided for in this Agreement is subject to the satisfaction of each and all of the conditions set out below, each of which may be waived in whole or in part by City. -11- June 13, 1995 a) b) c) Accuracy of Representations. Representations and warranties made by Company throughout this Agreement are accurate, true and correct on and as of the effective date of this Agreement. Absence of Litigation. There is no litigation pending or threatened' in any court challenging the award of this Franchise to Company or the execution of this Agreement or seeking to restrain or enjoin its performance. Furnishing of Insurance and Bonds. Company has furnished evidence of the insurance and bonds required by Article 9. d) Effectiveness of City Courtall Action. City's Resolution No. __ approving this Agreement, shall have become effective pursuant to California law prior to the effective date. 2.6 Scope of Franchise Subject to Section 2.7, the Francfalse granted to Company shall be exclusive for Garbage, Mixed Recydables, Recyclable Materials, Refuse, Rubbish, Construction and Demolition Debris, residential, commerdal and industrial Solid Waste, cannery waste, and Green Waste except where otherwise precluded by state law or where other current programs provide for Collection and Disposal of HI-IW. 2.7 Limitations to Scope The Franchise for the Collection, removal and Disposal of Solid Waste granted to Company shall be exclusive except as to the following categories of Solid Waste listed in this Section. The granting of this Franchise shall not preclude the categories of Solid Waste listed below from being delivered to and Collected and transported by others provided that nothing. in this Agreement is intended to or shall be construed to excuse any Person from obtaining any authorization from City which is otherwise required by law: a) Recyclable Materials source separated (as defined in the Dublin Munidpal Code Chapter 5.32) from Solid Waste by the Waste Generator and for which Waste Generator sells or is otherwise compensated by a collector in a manner resulting in a net payment to the Waste Generator; -12- June 13, 1995 b) Solid Waste, including Recydable Materials and Green Waste, which is removed from any Premises by the Waste Generator, 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; c) Recyclable Materials and Green Waste which are source separated at any Premises by the Waste Generator and donated to youth, dvic, or charitable organizations. d) Containers delivered for Recycling under the California Beverage Container Recycling Litter Reduction Act, Section 14500, et. seq. California Public Resources Code: e) Green Waste removed from a Premises by a garderdmg, landscaping, or tree trimming Company as an inddentai part of a total service offered by that Company rather than as a hauling service; Demolition Debris removed from a Premises by a licensed demolition or construction company using its own employees and equipment as an inddental part of a total service offered by that company rather than as a haLLling service; g) Animal waste and remains from slaughterhouse or butcher shops for use as tallow; h) By-products of sewage treatment, including sludge, sludge ash, grit and screenings; and, 9 Hazardous Waste and designated waste regardless of its source. Company acknowledges and agrees that City may permit other Persons besides Company to Collect any or all types of the Solid Waste listed in this Section 2.7, including Recyclable materials, without seeking or obtaining approval of Company under this Agreement. This grant to Company of an exclusive Franchise, right and privilege to Collect, transport or process and Dispose of Solid Waste shall be interpreted to be consistent -13- June 13, 1995 with state and federal laws, now and during the term of the Franchise, and the scope of this exclusive Franchise shall be limited by current and developing state and federal laws with regard to Solid Waste handling, exclusive Franchise, control of Recyclables, Solid Waste flow control, and related doctrines. In the event that future interpretations of current law, enactment or developing legal trends limit the ability of City to lawfully provide for the scope of Franchise services as specifically set forth herein, Company agrees that the scope of the Franchise will be limited to those services and materials which may be lawfully provided for under this Agreement, and that City shall not be responsible for any lost profits claimed by Company to arise out of further limitations of the scope of the Agreement set forth herein. In such an event, it shall be the responsibility of Company to minimize the financial impact to other services being provided as much as possible. 2.8 City's Right to Direct Changes 2.8.1 General City may direct Company to perform additional services (including new diversion programs, billing services, etc.) or modify the manner in which it performs existing services. Pilot programs and innovative services which may entail new Collection methods, different kinds of services and/or new requirements for Waste Generators are included among the kinds of changes which City may direct. Company shall be entitled to an adjustment in its Company Compensation in accordance with Section 6.8 for providing such additional or modified services. 2.8.2 New Diversion Programs Company shall present, within 30 days of a request to do so by City, a proposal to provide additional or expanded diversion services. The proposal shall contain a complete description of the following: · Collection methodology to be employed (equipment, manpower, etc.). · Equipment to be utilized (vehicle number, types, capacity, age, etc.). · Labor requirements (number of employees by classification). · Type of materials containers to be uHiized. · Provision for program publicity/education/marketing. · Five-year projection of the finandal results of the program's operations in a balance sheet and operating statement format irtduding documentation of the key assumptions underlying the projections and the support for those assumptions. -14- June 13, 1995 2.8.3 City's Right to Acquire Services Company acknowledges and agrees that City may permit other Persons besides Company to provide additional Solid Waste services not otherwise contemplated under Section 2.6 and 2.7 of this Agreement. If pursuant to Section 2.8.2, Company and City cannot agree on terms and conditions of such services in ninety (90) days from the date when City first requests a proposal from Company to perform such services, Company acknowledges and agrees that City may permit Persons other than Company to provide such services. 2.8.4 Implementing New Services If (a) Company is capable of performing or developing the ability to perform a requested service or modifying an existing service; Co) City has agreed to have Company provide 'such additional service in accordance with Company's proposal; and, (C) an adjustment in Company's Compensation has been requested but has not been agreed upon or implemented, Company shall commence the new or changed service while the appropriate revenue adjustment is being determined and implemented. If the parties are unable to agree on the amount of the Company Compensation adjustment within 45 days, City may permit a third party, and Company shall not be obligated, to perform such additional or modified service. 2.9 Ownership of Solid Waste Once Solid Waste is placed in Containers and properly placed at the designated Collection location, ownership and the right to possession shall transfer directly from the Waste Generator to Company by operation of law. Subject to Company's objective to meet the Source Reduction and Recycling goals which apply to City and City's right to direct Company to process and dispose of Solid Waste at a particular licensed Solid Waste processing Facility or to dispose of Solid Waste at a particular licensed Disposal Fadlity, if and only if City exercises such right by providing specific written direction to Company, Company is hereby granted the right to retain, Recycle, process, Dispose of, and otherwise use such Refuse, Green Waste, Recydable Materials, Construction and Demolition Debris, or any part thereof, in any lawful fashion or for any lawful purpose desired by Company. Subject to the provisions of this Agreement, Company shall have the right to retain any benefit resulting from its right to retain, Recycle, process, Dispose of, or use the Refuse, Green Waste, Recydable Materials, Construction and Demolition Debris which it Collects. Refuse, Green Waste, Recydable Materials, Construction and Demolition Debris, or any part thereof, which is disposed of at a -15- June 13, 1995 Disposal Site or sites (whether landfill, transformation Fadlity, Transfer Station, or Material Recovery Fadlity) shall become the property of the Owner or operator of the Disposal Site(s) once deposited there by Company. City may obtain ownership or possession of Solid Waste placed for Collection upon written notice of its intent to do so, however, nothing in this Agreement shall be construed as giving rise to any inference that City has such ownership or possession unless such written notice has been given to Company. If City directs Company to dispose of waste at a Disposal Facility other than Altamont Landfill or any other Disposal Fadlity owned by Company or Affiliate, Company shall provide disposal at a Gate Rate which the City or Company can negotiate with such Disposal Fadlity. Company Compensation shall be adjusted in accordance with Section 6.8 to reflect such Gate Rate. 2.10 Company Status Company is duly organized, validly exist~g and in good standing under the laws of the State of California. It is qualffied to transact business in the State of California and has the power to own its properties and to carry on its business as now owned and operated and as required by this Agreement. 2.11 Company Authorization Company has the authority to enter into and perform its obligations under this Agreement. The Board of Directors or partners of Company (or the shareholders, if necessary) have taken all actions required by law, its articles of incorporation, its bylaws or otherwise to authorize the execution of this Agreement. The Persons signing this Agreement on behalf of Company have authority to do so. 2.12 Statements and Information in Proposal The proposal dated March 1, 1995, and any information submitted to City supplementary thereto, on which City has relied upon in awarding the Franchise to Company and entering into this Agreement, does not contain any untrue statement of a material fact nor omit to state a material fact necessary in order to ~make the statements made, in light of the drcumstances in which they were made, not misleading. -16- ~une 13, 1995 2.13 Status of Disposal Site Company owns the landfill. The landfill has been designed and constructed in accordance with 23 California Code of Regulations Section 2510 et seq. ("Subchapter 15"). The landfill has been issued all permits from federal, state, regional, county and City agencies necessary for it to operate as a Class II Sanitary Land fill and is in compliance with all such permits. Company is currently authorized to accept, under its existing permit, and has suffident uncommitted capacity to accept, all Solid Waste delivered to it by, or on behalf of, City for the term of this Agreement plus any extensions thereto. Company is familiar with the adopted City General Plan and more specifically the Eastern Dublin Spedtic Plan as they exist at the date this Agreement was signed. Company acknowledges that new development is antidpated in the future which will require landfill capadty. Company has accounted for additional growth in determining that suffident capadty exists for the legal term of this Agreement. 2.14 Closure of Disposal Site The closure and post-closure maintenance plans required by 14 California Code of Regulations Section 18260 et seq. have been submitted to and approved by the state and local permit enforcement agerides having jurisdiction over the landfill. Company has submitted evidence to the appropriate governing authorities of adequate provisions to finance the closure and post-closure maintenance of the landfill as required by 14 California Code of Regulations Section 18260 et seq.. and these arrangements have also been approved by the state and local permit enforcement agerides having jurisdiction. The mechanism which Company currently plans to utilize to meet the state requirement of finandal assurance for closure is an insurance policy issued by a captive insurance company and the mechanism Company currently plans to use to meet the state requirement of ~nandal assurance for post-closure maintenance is an insurance policy issued by a captive insurance company. Company may change either or both of these mechanisms to another legally authorized mechanism if the change is approved by the California Integrated Waste Management Board. -17- Iune 13, 1995 ARTICLE 3 FRANCHISE FEE, SOURCE REDUCTION AND RECYCLING FEE (SRR FEE), AND ADMINISTRATIVE FEE 3.1 Franchise Fee 3.1.1 Franchise Fee Amount In consideration of the exclusive Franchise provided in Section 2.1 of this Agreement, Company shall pay to City 12.6% (or another amount as provided in Section 3.1.3) of the gross revenues derived by Comp.any from services provided in City. 3.1.2 Time and Method of Payment On or before the twentieth (20th) day of each month during the term of this Agreement, Company shall remit to City a sum of money equal to the percent, as provided in Section 3.1.1, of the gross Solid Waste revenues collected by Company from within City, inducling revenues from the sale of Recycled Materials, during the preceding calendar month, as a Franchise Fee. If the Franchise fee is not paid on or before the twentieth (20th) day of any month, Company shall pay to City a late payment fee in an amount equal to two percent (2%) of the amount owing for that month. Company shall pay an additional two percent (2%) owing on any unpaid balance for each following thirty (30) day period the Franchise Fee remains unpaid. Late payment fees shall not be included in any revenue requirement. City may lawfully deduct any Franchise Fees and/or penalties remalnirtg unpaid from amounts which City may owe Company in accordance with Section 5.1.2. Each monthly remittance to City shall be accompanied by a statement detailing gross receipts for the period- covered from all operations conducted or permitted, including revenues from the sale of Recydable Materials, pursuant to this Agreement. In addition, Company shall maintain copies of all Billing and Collection records for three (3) years, following the date of billing, for inspection and verffication by City at any reasonable time upon request. 3.1.3 Adjustment to Franchise Fee City may adjust the mount of the Franchise Fee annually. Such adjustment shall be reflected in the rates that Company is allowed to charge and collect from customers in -18- June I3, 1995 accordance with Section 6, such that Company may receive the calculated Company Compensation including the amount of Franchise Fees payable to City. 3.2 Source Reduction and Recycling (SRR) Fee 3.2.1 SRR Fee Amount The City has incurred expenses for preparing and adopting the Source Reduction and Recycling and Household Hazardous Waste Elements (SRRE and t-]ZHWE, respectively) required by AB 939. City has, and will continue, to incur expenses for implementing the programs in the SRRE and HHWE. These expenses will be determined and a fee designed to reimburse City. Such fees shall be set by City resolution and provided to Company by City. Company will collect these fees from customers on the regular Billings and remit collected amounts to City on a monthly basis, as provided below. Company may be required to separately identify the SRR Fee and other spedtic costs on bills as determined and directed by City. 3.2.2 Time and Method of Payment Except as expressly provided below, during the term of this Agreement and any extension thereof, Company shall remit one-twelfth (1/12th) of the total amount identified as the SRR Fee in the rate structure monthly to City in the same fashion and subject to the same terms and conditions as the Franchise Fee. Company shall continue to pay the same one-twelfth (1/12) of the SRR Fee to City each month until the SRR Fee is changed by City resolution. The annual SRR Fee set upon execution of this Agreement shall be Zero Dollars ($0). 3.2.3 Adjustment to SRR Fee City may adjust the amount of the SRR Fee annually. Such adjustment shall be reflected in the rates that Company is allowed to charge and collect from customers in accordance with Section 6, such that Company may receive the Calculated Company Compensation including the amount of the SRR Fees payable to City. 3.3 Administrative Fee 3.3.1 Administrative Fee Amount In consideration of the costs related to the administration of the exclusive Franchise provided in Section 2.1 of this Agreement, Company shall pay to City 2% percent (or another amount as provided in Section 3.3.3) of the gross revenues derived by -19- June 13, 1995 Company from services provided in City, including the revenue from the sale of Recydable Materials. 3.3.2 Time and Method of Payment On or before the twentieth (20th) day of each month during the term of this Agreement, Company shall remit to City a sum of money equal to two percent (2%) of the gross Solid Waste revenues Collected by Company from within City, including revenues from the sale of Recydable Materials during the preceding calendar month, as an Administrative Fee. If the Administrative Fee is not paid on or before the twentieth (20th) day of any month, Company shall pay to City a late payment fee in an amount equal to two percent (2%) of the amount owing for that month. Company shall pay an additional two percent (2%) owing on any unpaid balance for each following thirty (30) day period the Administrative Fee remains unpaid. Late fees shall not be included in any revenue requirement. City may lawfully deduct any Administrative Fees and/or penalties remaining unpaid from amounts which City may owe Company in accordance with Section 5.1.2. 3.3.3 Adjustment to Administrative Fee City may adjust the amount of the Administrative Fee annually. Such adjustment shall be reflected in the rates that Company is allowed to charge and collect from customers in accordance with Section 6, such that Company may receive the calculated Company Compensation including the amount of Administrative Fees payable to City. 3.4 Other Fees City shall reserve the fight to set other fees, as it deems necessary. The amount, time and method of payment and adjustment process will be set similar to Section 3.1 above. -20- June 13, 1995 ARTICLE 4 DIRECT SERVICES 4.1 Solid Waste 4.1.1 General The work to be done by Company pursuant to this Agreement shall include, but not be limited to, the furnishing of all labor, supervision, equipment, materials, supplies, and all other items necessary to perform the services required. The enumeration of, and spedfication of requirements for, particular items of labor or equipment shall not relieve Company of the duty to furnish all others, as may be required, whether enumerated elsewhere in the Agreement or not. The work to be done by Company pursuant to this Agreement shall be accomplished in a thorough and professional manner so that the residents and businesses within City are provided reliable, courteous and high-quality Solid Waste Collection at all times. The enumeration of, and specification of requirements for, particular aspects of service quality shall not relieve Company of the duty of accomplishing all other aspects in the manner provided in this Section, whether such other aspects are enumerated elsewhere in the Agreement or not. 4.1.2 Residential Refuse - Single Family Dwelling Unit Company shall Collect Refuse from the Containers delivered for Collection by the Waste Generator at the curbside from Company-provided Containers, not less than once per week, except as specified below. Senior citizens (age 65 or older and head of household), and handicapped or temporarily incapadtated residents shall have the option of placing their Containers near their dwelling, visible from curbside, and Company will pick up Solid Waste at this location or other arrangement suitable to this category of rate payer and return Container to same locat/on. Authorization for residents to participate in this optional program shall come from the City and information on this option shall be provided by the Company upon request. Company will notify all residents annually, beginning within thirty (30) days of execution of this Agreement, of this Collection option and submit, for approval, a draft notification to City prior to distribution to customers. New customers shall be notified of this option upon requesting service. -21- June 13, 1995 4.1.3 Commercial, Industrial, and Multi-Family Dwelling Units Company shall Collect Refuse from Company-provided Solid Waste Containers and customer-provided compactor containers of a size and shape acceptable to Company, not less than once per week. Spedal consideration shall be given when determining the pick up area for Commerdal, Industrial, and/or Multi-Family accounts to ensure that the flow of traffic is not impeded and that it does not result in aesthetic degradation of an area. The designated pick up area, ff disputed by customer or Company, shall be determined by City. Additionally, ff in the City's opinion the location of an existing pick up area is inappropriate, City may require the customer or Company to relocate the pick up area. 4.1.4 City Facilities' Collection Company shall Collect and dispose of all Refuse generated at Premises owned and/or operated by City. Company shall make Collections from Containers Monday through Friday or on Saturdays following non-working holidays. Commercial (bin) and industrial (debris box) Collections shall be scheduled at a time mutuaily agreed upon by Company and City. The location of these public collections are described in Exhibit 2. Company shall provide, at City's direction, additional Solid Waste Collection, Disposal, processing and consulting services entalling: a) b) c) d) e) Collection of Solid Waste from all public sidewalk litter Containers; Collection of Green Waste and Recydable Materials from City fadlities and parks; Collection of Solid Waste from City-sponsored spedal events; Collection of Solid Waste from litter Containers in City parks; Drop box or container services to City; and, Review of plans for land use or property developments with regard to Solid Waste service issues. 4.1.5 Construction and Temporary Bins/Roll-off Service Company shall provide construction and temporary bins/roll-off service for the purpose of Collection of non-hazardous Solid Waste. Company shall deliver and Collect bins at the direction of the customer. Bins shall be free of graffiti and in good repair. Bins must be dearly marked and identifiable as belonging to Company. Spedal consideration shall be given when determining the pick up area for Construction and -22- lune 13, 1995 Temporary Bins/Roll-off Senrice accounts to ensure that the flow of traffic is not impeded and that it does not result in aesthetic degradation of an area. The designated pick up area, if disputed by customer or Company, shall be determined by City. Additionally, if in City's opinion the location of an existing pick up area is inappropriate, City may require the customer or Company to relocate the pick up area. 4.1.6 Annual Cleanups Company shall provide services for three (3) City deanups annually, as described in its proposal. The dates for the cleanup shall be proposed by Company prior to January of each year and approved by City. Company shall pick up authorized annual deanup items from all Single Family Dwelling Units at the curbside and transport to a Transfer Station, Disposal Site or MRF at no additional cost to customers. The following guidelines must be followed: · All waste must be left at the curb by 5:30 a.m. · The truck will pass each street one time only. · Items must be placed in disposable garbage bags or boxes only. Regular garbage cans will not be emptied. · Tree prunings and branches must be tied in bundles not longer than 5 feet. · The maximum each residence may dispose of is 3 cubic yards (approximately 24 trash bags or 3' x 3' x 9'). · No single item over 75 pounds will be accepted. · The following items will not be picked up: Hazardous Waste, including waste oil or anti-freeze; concrete and dirt; or appliances. Company may refuse to Collect clean-up items and shall not be obligated to provide this service to any Person who does not set out Solid Waste, as described above, after reasonable warnings have been given. Company shah notify City of Persons whose dean-up items were not collected. Company shah record by class and weight (in tons) the Solid Waste, Collected during the deanup events. Company shah record the kinds and weights (in tons) of Solid Waste diverted, if any, during these deanups from the landfill through Recycling, reuse, transformation or other means of diversion. -23- June 13, 1995 4.2 Recycling 4.2.1 General Company shall Collect and remove all Recydable Materials placed in or adjacent to Recycling Containers at the designated Collection locations for Single Family Dwelling Units, Multi-Family Dwelling Units and commercial accounts in accordance with its Proposal (Exhibit 1). Company shall keep separate records on all Recydable Materials Collected from each sector (e.g., commercial, multi-family, single family residential). Such records shall be made available for inspection by City upon request during normal hours of operation. 4.2.2 Residential Recycling Recydable Material Collection from Residential Property within City shall be a minimum of once each week. At a minimum, Recydable Material Collected from Residential Property shall include, but not be limited to: glass, tin, aluminum, PET, HDPE, narrow neck plastics, newspaper, 'mixed paper, cardboard, and aseptic containers. Residential Recydable Materials Collection shall be on the same day of the week as Solid Waste Collection service. Company shall notify Recycling customers, as is done for regular service, regarding holiday Collection schedules. The minimum amount that should be diverted through Residential Recycling, as described in City's SRRE, is 3.2% of the total waste stream by the year 2000. The goal is a minimum and it is expected that achievements in existing programs will increase as a result of the plans and programs required by this Agreement and described in Company's proposal. Company agrees to work diligently to promote and expand Recycling programs to meet these goals. Best efforts shall be made by Company to help achieve the Recycling Diversion Goals. 4.2.3 Multi-Family Recycling Recyclable Material Collection from Multi-Family Property within City shall be a minimum of once each week. At a minimum, Recydable Material Collected from Multi- Family Property shall include, but not be limited to glass, aluminum, PET, HDPE, narrow neck plastics, newspaper, mixed paper, cardboard, and aseptic containers. 4.2.4 Commercial Recycling Company agrees to provide, for the entire term of the Agreement, Recycling programs to all Commercial accounts requesting service from Company, as described in -24- June 13, 1995 Company's proposal (Exhibit 1), regardless of the amount of revenue generated through charges to Waste Generators. Programs shall be made available at a minimum for: mixed office paper; cardboard; newspaper; scrap metal including cans; glass; PET plastic; all narrow neck plastics; green waste; and scrap lumber, including pallets. Company also agrees to make programs available for all other materials for which Company has established markets. Commerdal recycling Collection shah be performed at a time mutually agreed upon by Company and the Waste Generator or Owner of the property. Costs of the Commerdal Recycling program shall be paid by the Waste Generators based on rates negotiated between Company and Waste Generator. Company shall provide to City annually, or as prices are changed, a list of collection rates charged and recydable commodities prices paid by Company. However, if City provides Company funds pursuant to Section 6.11, for use in the provision of Commerdal Recycling Services, City may establish the rates to be charged to Commerdal customers. In the event that Company d6es not meet its obligations under this Section 4.2.3 and as described in its proposal, it shall be considered in default under Section ll.I.E of this Agreement. If the conditions of the default are not remedied following notification of default in accordance with Section 11.2, City shall have the fight to obtain Commerdai Recycling services from another company. The minimum amount that should be diverted through all Commerdal and Multi- Family Recycling programs, including those provided by other recycling companies, as described in the City's SRRE, is 27.8% of the total waste stream by the year 2000. The goal is a minimum and it is expected that achievements in exBting programs will increase as a result of the plans and programs required by this Agreement and described in Company's proposal. Company agrees to work diligently to promote and expand Recycling programs to meet these goals. Best efforts shall be made by Company to help achieve the Recycling Diversion Goals. Nothing in this Section is intended to conflict with federal or state law related to Corninertial Recycling. Should this Section be found to conffict with federal or state law, this Section may be revised at the mutual consent of both parties. -25- June 13, 1995 4.2.5 Warning Notice Company may refuse to Collect Recydable Materials and shall not be obligated to continue to provide any Recycling Container to any Waste Generator in any l~ecycling program who, after reasonable warning, fails to sort properly and set out Recydable Materials. Company shall report monthly to City any warning notices issued. 4.2.6 Marketing and Sale of Recydable Materials Company shall be responsible for marketing and sale of all Recydable Materials Collected pursuant to this AgreemenL Revenues from the sale of materials generated from Residents' Premises have been applied to the cost of services in Company's proposal to reduce Company's revenue requirement. Under Section 6.8, changes in the market value of Recydable Materials from the values assumed in Company's proposal shall not result in a change to Company's Compensation. Company shall prepare, submit to City for approval, and maintain a marketing plan for all Recydable Materials Collected by Company under this Agreement. The approved marketing plan shall be in plaice with the execution of this Agreement for proposed Recycling service and at the time of beginning any expanded service. The marketing plan shall fully describe Company's marketing methods and approach, targeted primary and contingent markets, pricing policy and assumed salvage value for each Collected type of Recydable Material. 4.3 Green Waste Prozram 4.3.1 General Company agrees to develop, implement, operate and partialpate (locally and regionally) in mulching, composting, alternative daily cover, transformation or other programs to achieve the City's Green Waste diversion requirements, in accordance with Company's proposal (Exhibit 1). In particular, Company agrees to accomplish the programs set out in this Agreement and to be aggressive in the pursuit of new opportunities to divert Green Waste from Disposal. The minimum amount that should be diverted through Green Waste Processing as described in the City's SRRE is 6.6% of the total waste stream by the year 2000. This amount is a minimum and best efforts should be made to divert as much Green Waste from Disposal as possible. Company shall provide weekly curbside Collection of Green Waste on the same day as Refuse Collection from the City's Single Family Dwelling Units placed in Containers. -26- June 13, 1995 4.32 Christmas Tree Collection Program Company shall operate an annum Christmas Tree Collection program. The program shall include curbside and drop-off (Lf necessary) Collection and target all Residential properties in City. Company shall reasonably cooperate with City and non-profit groups in the sched,,ling and operation of the Christmas tree collection program. 4.3,3 End Uses for Green Waste Company shall divert Green Waste materials Collected through curbside Collection, Christmas Tree Collection and mixed waste processing (if applicable) from Disposal. Company must provide end uses for Green Waste that maximize diversion credits for City according to regulations established by the California Integrated Waste Management Board. 4.3.4 Backyard Composting Company shall provide City technical advice and management assistance from existing staff to develop and implem62tt backyard compostlug programs as required in the City's SRRE in conjunction with programs operated by the Alameda County Waste Management Authority. Such assistance and advice shall entail no more than an average of eight (8) hours per month and the inclusion of prepared materials with bills and shall be considered an operating cost. Company agrees to provide other direct assistance such as purchasing and providing compostlug materials and supplies, and additional technical staff based on direction from City and with equitable reimbursement. 4.4 Operations 4.4.1 Schedules To preserve peace and quiet, no Solid Waste, Recydable Materials, or Green Waste shall be Collected from or within two-hundred (200) feet of Residential Premises between 6:00 P.M. and 5:30 A.M. on any day. Such Solid Waste, Recydable Materials and Green Waste shall be Collected, Monday through Friday. Company shall notify City and customers in writing at least two (2) weeks before an alternate Collection day is scheduled when the regularly scheduled Collection day falls on Christmas Day or New Year's Day. Collection of Solid Waste from Commercial and Industrial Properties may be extended to include Saturdays and the hours of 6:00 p.m. to 5:30 a.m. if prior written approval is granted by City. -27- June 13, 1995 Company shall be prepared to review its operations plan outlining the Collection routes, intervals of Collection and Collection times for all materials CoLlected under this Agreement with City once annually upon 30-day writ-ten notice requesting said review. More frequent reviews may be required if operations are not satisfactory based on documented observations or reports or complaints. If the plan is determined to be inadequate by City, Company shall revise plan incorporating any changes into a revised plan and review said revised plan with City within thirty (30) calendar days. When notified of a missed pick-up, Company shall CoLlect the Solid Waste, Recydable Materials, and/or Green Waste within one (1) business day. 4.4.2 VeiLides A. General. Company shall provide Collection vehicles suffident in number and capacity to efficiently perform the work required by the Agreement in strict accordance with its terms. Company acknowledges that the "one-pass" dual coLlection vehicles it has proposed have not been 'Utilized by it in the manner proposed in any other location. Company agrees that, in the event that these vehicles do not achieve the anticipated productivity, it shall provide such additional vehicles as are necessary to perform its services under this Agreement at no additional cost to City or Waste Generator. Company shall have available on CoLlection days suffident back-up vehicles for each type of CoLlection vehicle (e.g., can or cart service, bin service and debris box service) used to respond to complaints and emergencies. B. Specifications. ALl vehicles used by Company in providing Refuse, Recycling, Construction and Demolition Debris, and Green Waste Collection services shall be registered with the California Department of Motor Vehicles. All such vehicles shall have water-tight bodies designed to prevent leakage, spillage or overflow. C. Vehicle Identification. Company's name, local telephone number, and a unique vehicle identification number designed by Company for each vehicle shall be prominently displayed on all vehicles, in letters and numbers no less than two and one- ball (2 1/2) inches high. Company shall not place City's name and/or any City logos on Company vehicles. -28- June 13, 1995 Cleaning and Maintenance 1) Company shall maintain all of its propexiles, vehicles, facilities, and equipment used in providing service under this Agreement in a good, safe, neat, dean and operable condition at all times. 2) Vehicles used in the Collection of Refuse, Recydable Materials, Construction and Demolition Debris and Green Waste shall be painted, thoroughly washed, and thoroughly steam dearted on a regular basis so as to present a dean appearance. City may inspect vehicles at any time to determine compliance with this Agreement. Company shall also make vehicles available to the Alameda County Health Department for inspection, at any frequency it requests. 3) 4) 5) 6) Company shall repaint all veinides used in the Collection of Solid Waste, Recydable Materials and Green Waste within thirty (30) days' notice from City, ff City determines that their appearance warrants painting. Company shall inspect each vehicle daily to ensure that all equipment is operating properly. Vehicles which are not operating properly shall be removed from service until repaired and operating properly. Company shall perform all scheduled maintenance functions in accordance with the manufacturer's specifications and schedule. Company shall keep accurate records of all vehicle maintenance, recorded according to date and mileage and shall make such records available to City upon request. Company shall repair, or arrange for the repair of, all of its vehicles and equipment for which repairs are needed because of acddent, breakdown or any other cause so as to maintain all equipment in a safe and operable condition. If an item of repair is covered by a warranty, Company shall obtain warranty performance. Company shall maintain accurate records of repair, which shall include the date and mileage, nature of repair and the verification by signature of a maintenance supervisor that the repair has been properly performed. Company shall furnish City a written inventory of all equipment, including CoLlection veinides, used in providing service, and shall update -29- lune 13, 1995 the inventory annually. The inventory shall list all equipment by manu- facturer, ID ntunber, date of acquisition, type, and capadty. E. Operation. Vehicles shall be operated in compliance with the California Vehicle Code, and all appllcable safety and local ordinances. Company shall not load vehicles in excess of the mantffacturer's recommendations or limitations imposed by state or local weight restrictions on vehicles. Company equipment used for Refuse, Recycling, and Green Waste services shall be registered with the California Department of Motor Vehicles. Equipment shall comply with US EPA noise emission regulations, currently codified at 40 CFR Part 205 and other applicable noise control regulations, and shall incorporate noise control features throughout the entire vehideo Noise levels of equipment used for Collection shall comply with City ordinance. Company shall store all equipment in safe and secure locations in accordance with City's applicable zoning regulations. Subject to Section 9.1, Compdny shall be responsible for any damage resulting from or directly attributable to any of its operations, and which it causes to: City's driving surfaces, whether or not paved; assodated curbs, gutters and traffic control devices; and other public improvements. 4.4.3 Containers The standard size Container for Residential Refuse Collection shall equal 35, 64, or 96 gallons. 4.4.3.1 Non-Residential Refuse Containers Company shall furnish customers appropriate Containers to Collect Refuse at Multi- Family Dwelling Unit, commerdal/industrial, and other Premises upon customer request. Containers with a capacity of one cubic yard or more shall be available in standard sizes. The kind, size and number of Containers furnished to particular customers shall be as determined mutually by the customer and Company. Containers which are front loading bins, shall have lids. All Containers with a capadty of one cubic yard or more shall meet applicable regulations for Refuse bin safety and shall have refiectorized markings, shall be maintained in good repair with neatly and uniformly painted surfaces and shall prominen~y display the name and telephone number of Company. -30- lune 13, 1995 4.43.2 Recycling and Green Waste Containers Company shall provide and distribute appropriately sized Recycling Containers as described in their proposal (Exhibit I) for their Recycling program and 64-gallon Green Waste Containers spedally made of rigid construction at no additional cost to each Single-Family Dwelling Unit in City. Containers shall be identified for Green Waste or Recydables only. As programs con~nue and/or expand, Company shall provide additional, appropriate Containers as required. Company shall provide and distribute appropriate Recycling and Green Waste Containers to Multi-Family Dwelling Units, Commerdal and Industrial Property as needed or as requested by customers. City and Company also acknowledge that from time to time Containers may be stolen from the customer. When notified of such occurrence, Company shall replace the stolen Container(s), at no charge to the customer, not more than one (1) time within a year. Company acknowledges that"the cost of these replacement containers has been included in the inleial rates described in Section 6.9. 4.4.4 Litter Abatement A. MLnlmization of Spills. Company shall use due care to prevent Solid Waste from being spilled or scattered during the Collection or transportation process. If any Solid Waste is spilled during Collection, Company shall promptly dean up all spilled materials. Each Collection vetdale shall carry a broom and shovel at all times for this Company shall not transfer loads from one vehicle to another on any public street, unless it is necessary to do so because of mechanical failure, acddental damage to a vehicle, or a pre-approved method of Solid Waste transfer between vehicles, without prior written approval by City. B. Clean Up. During the Collection or transportation process, Company shall dean up litter in the mediate vidnity of any Solid Waste storage area (including the areas where Collection bins and debris boxes are delivered for Collection) whether or not Company has caused the litter. Company shall discuss instances of repeated spillage not caused by it directly with the Waste Generator responsible and will report such -3I- Iune 13, 1995 instances to City. City will attempt to rectify such situations with the Waste Generator Lf Company has already attempted to do so without success. C. Covering of Loads. Company shall properly cover all open debris boxes dtzing transport to the Disposal Site. 4.4.5 Personnel Company shall furnish such qualified drivers, mechanical, supervisory, derical, management and other perso.rmel as may be necessary to provide the services required by this Agreement in a satisfactory, safe, economical and efficient manner. All drivers shall be trained and qualified in the operation of vekides they operate and must possess a valid license, of the appropriate class, issued by the California Department of Motor Vehicles. Company also agrees to establish and vigorously enforce an educational program which will train Company's employees in the identification of Hazardous Waste. Company's employees shall not knowingly place such Hazardous Waste in the Collection vehicles, nor knowingly dispose of such Hazardous Wastes at the processing facility or Disposal Site. Company shall train its employees in customer courtesy, shall prohibit the use of loud or profane language, and shall instruct Collection crews to perform the work quietly. Company shall use its best efforts to assure that all employees present a neat appearance and conduct themselves in a courteous manner. If any employee is found to be discourteous or not to be performing services in the manner required by this Agreement, Company shall take all necessary corrective measures including, but not limited to, transfer, discipline or termination. If City has notified Company of a complaint related to discourteous or improper behavior, Company will consider reassigning the employee to duties not entailing contact with the public while Company is pursuing its investigation and corrective action process. Company shall provide suitable operations, health and safety training for all of its employees who use or operate equipment or who are otherwise directly involved in Collection or other related operations. -32- Iune 13, 1995 4.4.6 Identification Required Company shall provide its employees, companies and subcontractors with identification for all individuals who may make personal contact with residents or businesses in City. City may require Company to notify customers yearly of the form of said identification. Company shall provide a list of current employees, companies, and subcontractors to City upon request. 4.4.7 Fees and Gratuities Company shall not, nor shall it permit any agent, employee, or subcontractors employed by it, to request, solicit, demand, or accept, either directly or indirectly, any compensation or gratuity for temporary bin/roll off services or the Collection, transportation, Recycling, processing, and Disposal of Solid Waste, Recycling, Constraction and Demolition Debris, and Green Waste otherwise required under this Agreement. 4.4.8 Non-Discrimination Company shall not ctiscriminate in the provision of service or the employment of Persons engaged in performance of this Agreement on account of race, color, religion, sex, age, physical handicap or medical condition in violation of any applicable federal or state law. 4.4.9 Change in Collection Schedule Company shall notify City forty-five (45) days prior to, and residential customers not later than thirty (30) days prior to,' any change in residential Collection operations which results in a change in the day on which Solid Waste Collection occurs. Company will not permit any customer to go more than seven (7) days without service in connection with a Collection schedule change. City's approval of any change in Residential Collection is required prior to such change, and such approval will not be withheld unreasonably. 4.4.10 Report of Accumulation of SoLid Waste; Unauthorized Dumping Company shall direct its drivers to note (1) the addresses of any Premises at which they observe that Solid Waste is accumulating and is not being delivered for Collection; and (2) the address, or other location description, at which Solid Waste has been dumped in an apparently unauthorized manner. Company shall deliver the address or description to City within five (5) working days of such observation. -33- Iune 13, 1995 4.5 Implementation Plan The parties recognize that substantial planning will be required in order to assure an orderly initiation of Solid Waste Collection services no later than January 1, I996. To that end, City has required Company to submit, as a part of its proposal, a detailed implementation plan addressing, among other things, the steps Company will take and the schedule on which it will take them, to prepare for such an orderly initiation of service. The implementation plan shall cover Company's schedule for acquiring necessary equipment, personnel, storage and maintenance facilities, administrative offices and customer relations materials (including Collection schedules, route maps, billing forms, complaint forms, service request forms, etc.). Company agrees to adhere strictly to the implementation plan. Failure to adhere to the implementation schedule will constitute a breach of this Agreement and, if incurred, an event of default under Article 11o 4.6 Contingency Plan Company shall submit to City on or before the effective date of the Agreement, a written contingency plan demonstrating Company's arrangements to provide veiLides and personnel and to maintain uninterrupted service during breakdowns, and in case of natural disaster or other emergency (not including a labor dispute), including the events described in Section 11.4. 4.7 Disposal 4.7.1 Receipt of Solid Waste Commencing January 1, 1996, Company shall receive, accept and lawfully dispose of at the Disposal Site all Solid Waste delivered to the Disposal Site by City, Company, or any other agent of City. 4.7.2 Permits for Use of Landfill Existing Permits. Company shall keep in force and comply with the terms of all existing permits and approvals from governmental authorities necessary for the use of the Disposal Site throughout the term for receipt of Solid Waste from City. Company shall keep City fully informed of its progress in securing renewals of all such permits which occur during the term and shall provide City with copies of all -34- June 13, 1995 correspondence with permitting agendes and all other material correspondence related to the permitting process with third parties, but not including internal memoranda or correspondence between Company and its agents, consultants or attorneys. Company shall also provide City with a monthly status report on applications for renewals of existing permits or any new permits which may be required to continue operations at the Disposal Site within existing pern~tted areas. Company shall give City immediate notice of any proposed amendment to or alteration of such permits, or any new permits which may be required. Company shall resist any amendments or alterations to pats, the terms of which would prevent or materially interfere with the performance of its obligations under this Agreement, through all available administrative procedures. In the event that such permit amendments occur despite Company's efforts to resist them, Company shall not be in breach of this Agreement if Company complies with such permit amendments provided that Company also complies with Section 4.7.4. If Company becomes authorized to accept Hazardous Waste as a Class I landfiLl, City may, upon ninety (90) days notice, terminate this Agreement. 4.7.3 Reservation of Disposal Capadty Company shall reserve for and provide to City permitted Disposal capadty for the term and any extensions of this Agg. eement. 4.7.4 Alternative Disposal Facility A. If Company becomes unable to accept and dispose of City's Solid Waste at the Disposal Site as the result of causes within its control and which could have been avoided by the exerdse of due care, then Company shall accept and dispose of such Solid Waste at another Disposal Site. Any additional transportation costs incurred in delivering the Solid Waste to the other landfill will be disallowed as part of the rate base. B. If Company becomes unable to accept and dispose of City Solid Waste at the Disposal Site as the result of causes which are beyond its control and which could not have been prevented by the exerdse of due care, then Company shall, to the extent it is legally able to do so, accept and dispose of Solid Waste at another landfill owned by it (or by another company which is owned and controlled, directly or indirectly, by its parent company) at the lowest Disposal fee then in effect at such landfill under contracts entered into after the effec'dve date of this Agreement which would be deemed substantially similar. Additional transportation costs incurred in delivering the Solid -35- June 13, 1995 Waste to the other landfill will be allowed as a part of the rate base in accordance with Section 6.8 of the Agreement. C Company will promptly apply for, and diligently pursue, any amendments to permits necessary for it to be legally able to accept Solid Waste from City at such other landfill if required to carry out Section 4.7.4 of the Agreement. D. If the cost of delivery (i.e., the Disposal fee plus additional Solid Waste transportation costs) at such other landfill is higher than the Disposal-fee then in effect under this Agreement, City may terminate this Agreement, as provided in Section 11.2 of this Agreement. 4.7.5 Disposition of Unauthorized Waste Company shall implement procedures to identify and reject Solid Waste materials delivered to the Disposal Site which are Hazardous Wastes, Designated Waste, or which otherwise may not be legally accepted at the Disposal Site under its permits and other applicable governmental regulations then in effect. Company shall implement such procedures in a uniform and non-discriminatory manner as applied to Solid Waste materials delivered to the DiSposal Site from City and from all other sources. Company may, in the course of implementing such procedures, refuse to accept Solid Waste materials proposed to be deposited from City if they constitute Hazardous Waste, or otherwise may not be legally accepted at the Disposal Site and shall be solely responsible for material which is accepted. If Company discovers such Solid Wastes among materials which it has accepted, it shall dispose of such Solid Wastes at its own expense. Company may pursue all legal rights and remedies it may have against the Waste Generator(s) of such Solid Waste, if the Waste Generator can be identified. 4.7.6 Days and Hours of Operation Company shall operate the Disposal Site for the receipt and Disposal of Solid Waste a minimum of twelve (12) hours per day, Monday through Friday, and on Saturdays, if necessary. Subject to conditions in its permits restricting operating hours, and other legal constraints, Disposal Company shall reasonably cooperate with City to receive deliveries at other times, the additional cost of such extended operating hours to be borne by City. In addition, Disposal Company shall, if requested by City, attempt to obtain modifications to permit conditions restricting operating hours and to remove -36- June !3, 1995 other legal constrains on receipt of Solid Waste outside the hours shown above, the costs of obtaining such permit amendments and the additional costs of extended operating hours to be borne by City. 4.7.7 Weigking A. Maintenance of Scale Systems. Company shall operate and maintain an adequate scale system at the Disposal Site. All scales and weighing equipment shall be kept in good and accurate condition operating at the standards of accuracy and reliability specified in Title 4, California Code of Regulations, Articles 8 and 9. Company shall request that the California Deparement of Food and Agriculture, Division of Measurement Standards, or a successor governmental agency, inspect all scales and weighing equipment at least once per year. If a scale or weighing equipment is found to be measuring inaccurately and the errors are outside the tolerances allowed in Title 4, California Code of Regulations, Artides 8 and 9, Company shall promptly repair or recalculate such equipment so that it does operate accurately. B. Establishment of Vekides' Tare Weights. Effective lanuary 1, 1996, Company shall weigh each SoLid Waste Collection vehicle operated by City or its Collection Company which will, or may be, used to deliver Solid Waste to the Disposal Site, to determine its unloaded ("tare") weight. The tare weight of each vehicle shall be recorded by Company. Company shall be responsible for coordinating the weighing of City vehicles, if any, with City. When additional or replacement veiLides are placed into service, Disposal Company shall promptly weigh such additional and replacement vehicles. Tare weights of all Company and City vehicles shall be available for City review during normal business hours. All weighing shall be conducted in accordance with Company's standard procedures, a copy of which shall be supplied to City and updated from time to time. Tare weights of vekides delivering publicly-hauled Solid Waste which are required to be weighed will be established by weighing such vehicles on each entry to and exit from the Disposal Site. C. Weighing of Solid Waste. All vehicles of Company delivering Solid Waste to a Disposal Site shall be weighed, and their weights recorded, so as to accurately measure tons of Solid Waste delivered. -37- June 13, 1995 If the scales and weighing equipment at the Disposal Site are out of service, Company shah determine the amount of Solid Waste delivered to that landfill in the vehicles operated by Company, by utilizing the arithmetic average of that vehide's recorded tons of Solid Waste delivered on its immediately preceding three (3) deliveries to the Disposal Site. All information required by this Agreement shah continue to be recorded for each delivery during any period the scales are out of service. Such recorded information shah be made available to City upon request. Company shah repair or replace inoperable scales as promptly as possible. In addition, if the scales are out of service forty-eight (48) hours, Company shall immediately supply temporary substitute scales, rather than continuing to use the volume to weight conversion factors. -38- June 13, 1995 ARTICLE 5 OTHER SERVICES 5.1 Services and Customer B~'lling 5.1.1 Service . Company shall periodically prepare and distribute, subject to the direction of City, a notice to each Owner or occupant of property entitled or mandated to service under this Agreement a listing of Company's Collection rates, rates for other services, annual holiday schedule, and a general summary of services required to be provided hereunder and optional. service which may be furnished by Company. Such notice shall be in a form subject to City's ,approval prior to its distribution and may be included with Billings made by Company. Company's costs for services under this Section shall be deemed operating costs. 5.1.2 Billing Company shall either prepare, mail and collect bills (or shall issue written receipts for cash payments) for Solid Waste and Yard Waste Collection services provided by Company under this Agreement. City has provided and currently intends to provide billing of residential customers for minimum Collection service through property tax assessments. City will provide two (2) payments to Company of the revenues received from this process. The first payment shall be within forty-five (45) days of December 1 covering the period IulY to December and the second payment shall be within forty-five (45) days of April 1, covering the period Ianuary to Iune. Bills for additional services shall be prepared and mailed by Company to customers quarterly in advance of the provision of service. City shall have the right to require Company to act as a billing agent on behalf of City. City shall have the fight to revise the billing format to itemize certain charges. ' Company shall maintain copies of said Billings and receipts, each in chronological order, for a period of three (3) years after the date of service for inspection by City upon request Company may, at its option, maintain those records in computer form, on microfiche, or in any other manner, provided that the records can be preserved and retrieved for inspection and verffication in a timely manner. -39- June 13, 1995 Except as provided in Section 4.2.3 of this Agreement for Commercial Recycling services, City shall establish by resolution rates for the types of service provided; Company shall bill and collec~ at those rates. 5.1,3 Review of Billings Company shall review its Billings to customers under Section 5.1.7 The purpose of the review is to determine that the amount which Company is billing each customer is correct in terms of the level of service (i.e., frequency of Collection, size of container, location of container) being provided to such customer by Company. Company shah review customer accounts not less than every other year, unless City shah direct Company to do so annually, and submit to City a written report of that review annually on the anniversary of the Effective Day of this Agreement. The intent of this Section is for City to receive reports on a annual basis which will cover the entire list of customers every other year. The scope of the review and the reviewer's workplan shall be submitted to City for approval no later than six (6) months before the submission of the first report. 5.2 Customer Service 5.2.1 Local Office Company shah maintain a local office in Dublin, Livermore, San Ramon or Pleasanton. Office hours shah be, at a minimum, from 8:00 A.M. to 5:00 P.M., Monday through Friday, exclusive of holidays. A responsible and qualified representative of Company shah be available during office hours for communication with the public at the local office. Normal office hour telephone numbers shah either be a local or toll free call. Company's telephone system shall be adequate to handle the volume of calls typically experienced on the busiest days. Company shah also maintain a local or toll free telephone number for use during other than normal business hours. Company shah have a representative, answering or message providing/receiving (voice-mail) service available at said af-~er-hours telephone number. 5.2.2 Complaint Documentation All service complaints shah be directed to Company. Daily logs of complaints concerning Collection of Solid Waste, Recydable materials and Green Waste shah be retained for a minimum of twenty-four (24) months and shah be available to City at all times upon request. -40- Iune 13, 1995 Company shall log all complaints received by telephone and said log shall include the date and time the complaint was received, name, address and telephone number of caller, description of complaint, employee recording complaint and the action taken by Company to respond to and remedy complaint. All customer complaints and inquiries shall be date-stamped when received and shall be initially responded to withLrt one (1) business day of receipt. Company shall log' action taken by Company to respond to and remedy the complaint. All customer service records and logs kept by Company shall be available to City upon request and at no cost to City. City shall, at any time during regular Company business hours, have access to Company's customer service department for purposes that may include monitoring the quality of customer service or researching customer complaints. 5.2.3 Resolution of Customer Complaints Company shall notify customers in writing of this complaint procedure at the time customers apply for or are p~ovided service, and subsequently, annually. A customer dissatisfied with Company's decision regarding a complaint may ask City to review the complaint. To obtain this review, the customer must request City review, in writing, within thirty (30) days of receipt of Company's response to the complaint, or within forty-five (45) days of submitting the complaint to Company if Company has failed to respond to the complaint. City may extend the time to request its review for good cause. Before reviewing a complaint, City shall refer it to Company. If Company fails to cure the complaint with,in ten (10) working days, City shall review the customer's complaint and determine if further action is warranted. City may request written statements from Company and customer, and/or oral presentations. City shall determine if the customer's complaint is justified, and if so, what remedy, if any shall be provided. The remedy under this Section shall be limited to a rebate of customer charges related to the period of breach of any of the terms of this Agreement or for liquidated damages as specified in Section 11.3. City Manager may delegate these duties to a designee. The decision of City Manager or his/her designee shall be final on any matter under One Thousand DoLlars ($1,000.00). In the event of a decision on a matter awarding a rebate of one thousand dollars or more -41- June 13, I995 5.3 ($1,000.00), Company may seek review by City Council. Such review shall not be applicable to liquidated damages. Nothing in this Section is intended to effect the remedies of third parties against Company. To the extent that remedies are warranted through this Agreement, this Section shall apply. 5.2.4 Government Liaison Company shall designate in writing a "Government Liaison" who shall be responsible for working with City and/or City's designated representative(s) to resolve customer complaints. Education and Public Awareness 5.3.1 General Company acknowledges and agrees that education and public awareness are critical, key and essential elements of any efforts to achieve AB 939 requirements. Accordingly, Company agrees to take dire~-tion from City to exploit opportunities to expand public and customer knowledge concerning needs and methods to reduce, reuse and recycle Solid Waste and to cooperate fully with City in this regard. Company's public education plan is included as part of Company's proposal (Exhibit 1). Company shall maintain its own program of providing information relevant to billing and Solid Waste services, issues and needs with its bills. A/1 public education materials shall be approved in advance by City. Company shall also mail to all City residents additional information as directed by City. Such mailings shall include single family accounts that subscribe to minimum Collection service and are not normally billed by Company. City will provide not less than thirty (30) days notice to Company prior to the mailing date of any proposed mailing to permit Company to make appropriate arrangements for inclusion of City's materials. City will provide Company the mailers at least fifteen (15) days prior to the mailing date. City shall normally bear the expense of reproduction and distribution of such additional information only to the extent it is dearly in excess of Company's normal billing costs. 532 Community Events At the direction of City, Company shall partialpate in and promote Recycling and other diversion techniques at community events and local activities. Such partidpation -42- June 13, 1995 would normally include providing, without cost, Collection and educational and publidty information promoting the goals of City's Solid Waste program. 5.4 Waste Generation/Characterization Studies Company acknowledges that City must do Solid Waste generation and Disposal characterization studies periodically to comply with AB 939 requirements. Company agrees to participate and cooperate with City and its agents and to accomplish studies and data collection and prepare reports, as needed, to determine weights and volumes of Solid Waste and characterize Solid Waste generated, disposed, transformed, diverted or otherwise hartdied/processed to satisfy AB 939 requirements. -43- Iune 13, 1995 ARTICLE 6 COMPANY'S COMPENSATION AND RATES 6.1 General Company's Compensation provided for in this Art/de shall be the full, entire and complete compensation due to Company pursuant to this Agreement for all labor, equipment, materials and supplies, taxes, insurance, bonds, overhead, Disposal, profit and all other things necessary to 'perform all the services required by this Agreement in the manner and at the times prescribed. Company will perform the responsibilities and duties described in this Agreement in consideration of the fight to charge and collect from customers for services rendered at rates fixed by City from time-to-time. City shall have the right to structure those rates as it deems appropriate so long as the revenues forecasted to be received by Company from charging such rates can reasonably be expected to generate sufficient revenues to provide for Company's Coml~ensation as calculated in accordance with this Agreement. Company shall perform all of its responsibilities and duties under this Agreement, including but not limited to paying the costs associated with obtaining and complying with all permits and approvals, land fill operations, closure and post-closure maintenance and remediat/on in considerat/on of the right to charge and collect the Disposal fees in the amounts and on the terms set forth in this Agreement. Company's proposal, included as Exhibit 1, included a fixed amount of Company Compensation for the first twenty-four (24) months of the Agreement term. Because City wants to adjust rates on a schedule that coinrides with the City's budget cycle, July 1 to June 30, it is necessary to extend the initial two years of the fixed Company Compensation amount by six (6) months to a total of a thirty-(30) month period, ending June 30, 1998. Sections 6.2 and 6.3 explain how this is to be done. -44- Iune 13, 1995 6.2 Company's Initial Compensation Subject to Section 6.7, Company's Solid Waste Collection, processing, transfer and Disposal Compensation for the initial eighteen (18) months of this Agreement (i.e., from January 1, 1996, to Iune 30, 1997) shall be $4,312,662, as shown in Exhibit 6. 6.3 Company's Compensation for the Second Rate Year Company's Compensation for the Second Rate Year ending Iune 30, 1998, shall be the sum of Company's Collection Compensation, Company's Disposal Compensation, and City Fees as described in Sections 6.3.1 tl'Lrough 6.3.3. 6.3.1 Company's Collection Compensation Subject to Section 6.7, Company Collection Compensation for the Second Rate Year (i.e., from July I, 1997, to June 30, 1998), shall be equal to $947,915, plus this same amount multiplied by one (1) plus eighty percent (80%) of the percentage change in the "San Francisco-Oakland Metropolitan Area Index CUrban Wage Earners; 1982-84 = 100)" between the index published for February I997 and the corresponding index published twelve months earlier, as shovCrn on ExMbit 7. 6.3.2 Company's Disposal Compensation 6.32.1 General During the term of this Agreement, including any extensions thereto, the Base Rate at the Disposal Site will be $17.00 per ton. The Fee Component, as defined herein, consists of state and local fees and taxes which total $11.24 per ton as of the date this Agreement was executed. The total of the Base Rate and the Fee Component is the Gate Rate, which is $28.24 per ton as of the date this Agreement was executed. Gate Rate shall be reduced from $28.24 per ton to equal the rate negotiated with the City of San Ramon, should a lower rate be negotiated with the City of San Ramon before November 3, 1995. Local fees are fees imposed on Disposal of waste at the Disposal Site by Alameda County, including any of its sub-agendes, such as the Alameda County "Measure D" Recycling Board, the Alameda County Waste Management Authority, and the Alameda County Planning Department. Taxes herein are limited to those taxes applied spedfically to Disposal of Waste. State and local fees and taxes include, but are not limited to, the business license tax and the County of Alameda planning fee. Taxes such as property taxes and income taxes are not included as part of the Fee Component but are included within Company's calculation of the Base Rate. During the term of this -45- lune 13, 1995 Agreement and any extensions thereto, Company will limit the Base Rate to $17.00 per ton, plus CPI increases described below, plus any increases in the Base Rate of $17.00 per ton due to future changes in law or permit requirements described in Section 6.3.Z2C below. Company will pass-through as an adjustment to Company Disposal Compensation, without surcharge or off~er modification, a proportionate share of any and all increase or decrease in state and local fees and taxes, as well as any increase due to federal fees or taxes (as defined above) being imposed in the future on Solid Waste Disposal operations. The Base Rate of $17.00/ ton shall be adjusted annually by the change in the San Francisco-Oakland Metropolitan Area Consumer Price Index, All Urban Consumers (ref 1982 - 100), C'CPI adjustments") between the index published for February of each year and the corresponding index published twelve (12) months earlier. The annual CPI adjustments will be applied to the Base Rate of $17.00 per ton without regard to any individual cost components in that rate. 6.33..2 Effect on Disposal Costs of Future Changes in Law or Permit Requirements A. General The Base Rate already includes the costs resulting from the Company's current construction and operations which meet or exceed compliance with all existing laws and governmental regulations applicable to the Disposal Site as of the effective date of this Agreement. The purposes of this Section 6.3.2-2 are (1) to specify those laws and governmental regulations' compliance with which is included in the Base Rate, as well as other costs which may not result in an increase in the Base Rate; (2) to identify those new laws and governmental regulations which may be enacted in the future and those judidal and administrative declarations and interpretations of existing laws and regulations which may be rendered in the future (jointly, "changes in law") a proportionate share of the costs of which may be the basis for an increase in the Base Rate ff the Company's current operations are not in compliance with them; and (3) to specify the method by which such proportionate share will be determined. B. Costs Which Shall Not Result in an Increase in the Base Rate. The Base Rate will not be increased as a result of any of the following: (1) Costs to comply with all laws and governmental regulations existing as of June 1, 1995, including but not limited to the following: the "Calderon Legislation" (former California Government Code, Sections 66796.53 and 66796.54, now California Public -46- June 13, 1995 Resources Code Section 45300-04, 45700, California Health & Safety Code Section 40511, 41805.5, and 423115, and California Water Code Section 13273); "Proposition 65" (California Health & Safety Code, Section 25249.5 et. seq., and Health & Safety Code Section 25192); the Federal Clean Air Act (42. USC Sections 7401-7642) and the California Clean Air Act (Health & Safety Code Seedons 3900044384); the Federal Clean Water Act (33 USC Sections 1251 et. seq.); the Porter-Cologne Water Quality Act (California Water Code, Division 7, Section 13000 et. seq.; the California Integrated Waste Management Act of 1989 (California Public Resources Code, Divisions 30 and 31, Section 4000 et.. seq.); the Federal Resource Conservation and Recovery Act (42 USC Seedon 6902 et. seq.; the CaliFornia Hazardous Waste Control Act (California Health & Safety Code, Division 20, Chapter 6.5, Sections 25100 et. seq.; the Federal Emergency Planning and Community Right to Know Act of 1986 (42 USC Sections 11001-11050); the California Hazardous Materials Release Response Plan and Inventory Act (Califorrda Health & Safety Code, Division 20, Chapter 6.95, Sections 25500 et. seq.); the California Underground Storage Tank Act (California Health & Safety Code, Division 20, Chapter 6.7, Sections 25280 et. seq.); the California Occupational Safety and Health Act (California Labor Code, Divigion 5, Parts 1-10, Seedons 6300 et. seq.); the Federal Occupational Safety and Health Act (29 USC Sections 651 et. seq.), and the regulations adopted thereunder, including but not limited to the Solid Waste Disposal Facility Criteria promulgated by the US EPA on October 9, 1991 (40 CFR Parts 257 and 258); Bay Area Air Quality Management District Regulation 8, Rule 34; Tide 14 California Code of Regulations; Title 22 California Code of Reg~Llations, "Subchapter 15", Title 23 California Code of Regulations, Sections 2510-2601; as the above statutes and regulations exist on the effective date of this Agreement; and including existing provisions, if any, in the above statutes and regulations which become effective on or which require compliance by a date after the effective date of this Agreement; (2) Costs of work or monitoring due to any negligence by Company or Company's agents, subcontractors or representatives, or any intentional misconduct of Company agents, subcontractors or representatives, or fines or penalties assessed against Company for violations of law.; (3) Costs for Company's performance of work for which it is responsible under other provisions of this Agreement, other Disposal contracts and its existing permits; (4) Costs of remedial or additional work attributable solely to Solid Waste already in place at the Disposal Site prior to the effective date of this Agreement; and, (5) Costs attributable to changing the classification of the Disposal Site from Class II to allow it to accept Wastes other than Class II Solid Waste. 47- June 13, 1995 C. Costs Which are Associated with Changes in Law or Permit Requirements and Which May Result in an Increase in the Base Rate. The Base Rate may be increased to reflect City's proportionate share if Company's operations are not in compliance and there is an additional cost related to such compliance, as determined in Subsection 6.3.2.2(D) of the following, which shall collectively be referred to hereinafter as "changes in law or permit requirements": (I) costs of constructing physical improvements or modifications at the Disposal Site; (2) costs caused by and necessary for operations at the Disposal Site; and (3) costs of closure/post-closure, including but not limited to post-closure maintenance and monitoring; provided such costs, and to the extent such additional costs set forth in these items (1), (2); and/or (3) are necessary to comply with: (i) any new laws or regulations enacted or promulgated after the effective date of th/s Agreement, including but not limited to, any new regulations promulgated pursuant to existing laws; (ii) any amendments to or revisions of existing laws or regulations described or included in Section 6.3.Z2(B)(I),which amendments or rev/sions become effective after the date this Agreement is executed; (iii) any judicial or administrative agency declarations or interpretations of laws or regulations which declarations or interpretations effect change in existing law and are issued after the date this Agreement is executed, and which increase any of the costs in (1) through (3) above; and (iv) any new permit requirements or conditions, or changes in existing permit requirements or conditions, for the Disposal Site which are imposed by any government agency after the effective date of this Agreement, but excluding costs resulting from changes in permit requirements or conditions which are requested by Company or to which Company consents and which are unrelated to providing for Disposal of Waste pursuant to this Agreement. Costs attributable to compliance with California Integrated Waste Management Board amendments to Title 14 CCR issued after the effective date of this Agreement made in response to the US EPA regulations (40 CFR Parts 257 and 258),.promulgated in 1991, that exceed the costs of compliance with 40 CFR Parts 257/258 also constitute costs which fall within this Section, The increases in Base Rate allowable in this Section also include increased overhead and general/administrative expenses reasonably and necessarily incurred in complying with the changes in law or permit requirements described above. Company shall notify City in writing within seven (7) days of all changes in law or permit requirements which Company believes may result in a change in the Base Rate under this Section 6.3.2.2. ' 48-- Iune 13, 1995 D. Proportionate Share of the Disposal Site Costs. To the extent that the additional costs of complying with changes in law or permit requirements described in Section 6.3.ZZC above are attributable to Solid Waste already in place at the Disposal Site at the time such changes in law or permit requirements occur, then a proportionate share of such costs shall be determined by multiplying such costs by a fraction, the numerator of which is the quantity in tons of Solid Waste then deposited at the Disposal Site which was delivered on behalf of City under this Agreement and the denominator of which is the total quantity in tons of Solid Waste then deposited at the Disposal Site from all sources. To the extent that the additional costs of complying with such changes in law or permit requirements are attributable to Solid Waste not yet in place at the Disposal Site at the time such changes occur, then a proportionate share of such costs shall be determined by multiplying such costs by a fraction, the numerator of which is the estimated number of tons of City Solid Waste to be ciisposed of duing the remaining portion of the initial term of this Agreement (and the extension period(s) if the option(s) to extend have been exerdsed) and the denominzftor of which is the total remaining permitted and reasonably available tonnage capacity of the Disposal Site at the time of such changes in law or permit requirements. The parties will determine by mutual agreement such reasonably available tonnage capacity. During the first year of the Agreement, the estimated number of tons of City franchise Solid Waste to be disposed of shall be calculated based on the average tonnage disposed of during each of the prior months of the Agreement, multiplied by the number of months remaining in the Agreement. The costs of compliance with such changes in law or permit requirements shall be calculated on a "per ton" basis and amortized over the remaining life, which shall be based on the remaining perm/tted and reasonably available tonnage capacity of the Disposal Site. In all cases in which the costs of compliance with changes in law or permit requirements are to be included in the calculation of Company Disposal Compensation in accordance with Section 6.8, Company shall provide to City, on an annual basis, reasonable evidence that (1) the work required by the change in law or permit requirements has been performed; (2) the claimed costs were actually incurred; and (3) the costs incurred were necessary to comply with the changes in law or permit requirements. Costs incurred include internal charges for labor, materials and other expenses, as well as charges by outside vendors. Costs "incurred" shall be determined as of the date Company approves payment of such costs. -49- June 13, 1995 6.32,3 Company's Disposal Compensation Company's Disposal Compensation for the Second Rate Year shall be equal to $288,291 plus one-half of the product of the sum of Company's per ton Year 2 Base Rate ($17.51) multiplied by one (1) plus the percentage change in the "San Francisco-Oakland Metropolitan Area Index (Urban Wage Earners; 1982-84 = 100)" between the index published for February 1997 and the corresponding index published twelve (12) months earlier plus the then current Fee Component multiplied by one-half of the annual tons, as shown on Exhibit 8. 6.3.3 City Fees Calculation City Fees shall be calculated by dividing the sum of Company's Collection Compensation and Company's Disposal Compensation by one (1) minus the sum of the Franchise Fee, SRR fee, Administrative Fee, and other City fee percentages then in effect in accordance with Article 3, and subtracting from the result the sum of Company's Collection Compensation and Company's Disposal Compensation, as shown below (numbers are used for exampl~ only). City Fees = (Company Collection Compensation & Company Disposal Compensation) 1 - (Franchise Fee + SRR Fee + Administrative Fee) - (Company Collection Compensation + Company Disposal Compensation = ($2,000,000 + $500,000) - ($2,000,000 + $500,000) (I-.15) = S441,176 6.4 Company's Compensation for Subsequent Rate Years Company's Compensation for each succeeding year, beginning with the Third Rate Year ending June 30, 1999, shall be calculated by adjusting Company's prior Rate Year Collection Compensation, including Residential Collection, Comrnerdal and Industrial Collection, Residential Recycling Collection, processing, and marketing, and administrative services, by eighty percent (80%) of the change in the CPI between February of the then current calendar year and the corresponding index published twelve months earlier and by adjusting Company's prior Rate Year Base Rate by one- hundred percent (100%) of the change in the CPI between February of the then current -50-- June 13, 1995 calendar year and ~e corresponding index published twelve months earlier, as described below. 6.5 6.4.1 Company's Collection Compensation For each succeeding year, beginning with the Third Rate Year (i.e., from ]'uly 1, 1998, to June 30, 1999), Company's Collection Compensation shall be calculated by multiplying the prior Rate Year's Collection Compensation, by one (1) plus eighty percent (80%) of the percentage change in the "San Francisco-Oakland Metropolitan Area Index CUrban Wage Earners; 1982-84 = 100)" between the index published for February of the then current calendar year and the corresponding index published twelve (12) months earlier 6.42 Company's Disposal Compensation For each year, beginning with the Third Rate Year (i.e., from July 1, 1998, to June 30, 1999), Company's Disposal Compensation shall be calculated by multiplying the prior Rate Year's Disposal Compensation by one (1) plus the percentage change in the Gate Rate. The percentage change in the Gate Rate shall be calculated by subtracting the Gate Rate for the prior Rate Year from the Gate Rate for the Rate Year and dividing the result by the Gate Rate for the prior Rate Year. The Gate Rate for the Rate Year shall be calculated by adjusting the Base Rate for the prior Rate Year by one-hundred percent of the change in the CPI between February of the then current calendar year and the corresponding index published twelve months earlier, and adding the result to the Fee Component for the Rate Year. Company's Compensation for the Extension Period Company's Compensation for each of the Rate Years during the extension period, ff any, shall be calculated in the same manner as Section 6.4. 6.6 Application for Adjustment Company shall calculate and submit to City annually by April 1 of each year Company' Compensation as described in Sections 6.3 and 6.4. Company shall ftzrther calculate the annual percentage rate adjush'nenf, including the effect on City Franchise, Source Reduction and Recycling and Administrative Fees, resulting from the calculation of Company's Compensation. Subject to Section 6.8, in no event shall the annual compensation adjustment exceed five percent (5%). Exhibit 9 contains an example of the Company Compensation and annual rate adjustment calculation. -51- June 13, 1995 City shall calculate those rates that it deems appropriate so long as the revenues forecasted to be received by Company from charging such rates can reasonably be expected to generate suffident revenues to provide Company Compensation as calculated by the Company. City shall not make any retroactive adjus~:ments to rates to compensate for any delay in calculaling Company Compensation which results in whole or in part from the failure of Company to submit its request by April 1 and/or respond promptly and completely to requests of City for information related to any of the calculations required by this Section or from appeals of the determination to City which extends the process of determination. ' 6.7 Variances from Projections Company shall retain any income from actual costs being less than calculated in accordance with Sections 6.2 through 6.5 but shall not be compensated for actual costs being more than calculated. In addition, calculations of Company' Compensation shall not be adjusted for past variances of actual cost from those projected. 6.8 Further, Company shall retain any income from actual revenue being more than projected but shall not be compensated for actual revenue being less than projected. Extraordinary Adjustments Company or City may request an adjustment to rates at reasonable times other than that required in Section 6.6 for unusual changes in the cost of providing service under this Agreement. Such changes may include, but are not limited to, changes in laws, ordinances or regulations, significant changes in Company's workload due to new residential or corninertial development significant changes in the mix of Waste Generator service subscriptions, and changes in the Disposal Site requested by City. Such changes shall not include changes in the market value of Recydable Materials from the values assumed in Company's proposal. However, when an extraordinary adjustment is requested, such adjustment shall consider changes in all costs and revenues from Company's Proposal. For each such request, Company shall prepare a schedule comparing the original proposal costs and revenues by line item to the then current costs and revenues, including an estimate of the cost impact of the change, using an operating ratio of 91.5%, applied to Company's costs as calculated in Company's Proposal. Such request shall be prepared in a form acceptable to City with support for -52- ]une 13, 1995 assumptions made by Company in preparing the estimate. Company and City shall negotiate a mutually acceptable adjustment amount. 6.9 Initial Rates The rates for the Rate Year ending J'une 30, 1997, are those established by City Resolution No..... (a copy of which is attached as Extdbit 3), unl.ess amended by a City Council resolution adopted in accordance with this Agreement. !Company has reviewed these rates and agrees that they are reasonably expected to generate sufficient revenues to provide Company Compensation as set forth in Section 6.2. Unless and until the rates set forth on Exhibit 3 are adjusted by City, Company will provide the service required by this Agreement, charging no more and no less than the rates authorized by Exhibit 3 unless authorized to do so by City. 6.10 Subsequent Rates From time to time and based on changes to the Company Compensation, as described above, and other considerations, the City Council shall revise the initial rates by resolution. 6.11 City Grants From time to time, City may provide to Company grants to assist in qualified programs provided by Company. Company agrees that Company Compensation, calculated as described in Sections 6.2 through 6.5, shall be reduced by the amount of any such grant. The City Council shall determine whether the reduction in Company Compensation shall be: (1) passed through to those Waste Generators designated by City as a reduction to their Rates; (2) as an offset to a rate increase calculated in accordance with Sections 6.2 through 6.5; (3) paid to City for use as City directs; or, (4) applied in any combination of (1) through (3). Company shall assist City in the preparation of grant applications to federal, state and local agencies for City-qualified Solid Waste source reduction, Recycling or Collection programs, as directed by City. Such assistance shall not be unreasonably required by City and shall be provided at no additional charge to City or Waste Generators. -53- June 13, 1995 ARTICLE 7 REVIEW OF SERVICES AND PERFORMANCE 7.1 Performance Hearing City may hold a public hearing on or about the second anniversary date of this Agreement at which Company shall be present and shall participate, to review the Solid Waste Collection, source reduction, processing and other diversion services and performance. Subsequent Solid Waste services and performance review hearings may be scheduled by City every two (2) years thereafter. The purpose of the hearing is to provide for a discussion and review of technological, economic, and regulatory changes in Collection, source reduction, Recycling, processing and Disposal to achieve a continuing, advanced Refuse Collection, source reduction and Recycling and Disposal system; and to ensure sewices are being provided with adequate quality, effectiveness and economy. Sixty (60) days after receivin~ notice from City of a Solid Waste Services and Performance Review Hearing, Company shall, at a minimum, submit a report to City indicating the following: Changes recommended and/or new services to improve City's ability to meet the goals of AB 939 and to contain costs and minimize impacts on rates. b) Any specific plans for provision of changed or new sewices by Company. The reports required by tiffs Agreement regarding customer complaints shall be used as one basis for review. Company may submit other relevant performance information and reports for consideration. City may request Company to submit specific information for the hearing. In addition, any customer may submit comments or complaints during or before the hearing, either orally or in writing, and these shall be considered. Topics for discussion and review at the Solid Waste Services and Performance Review Hearing shall include, but shall not be limited to, services provided, feasibility of providing new services, application of new technologies, customer complaints, amendments to this Agreement, developments in the law, new initiatives for meeting or -54- lune 13, 1995 exceeding AB 939's goals, regulatory constraints and Company performance. City and Company may each select additional topics for discussion at any Solid Waste Services and Performance Review Hearing. Not later than sixty (60) days after the conclusion of each Solid Waste Services and Performance Review Hearing, City may issue a report. As a result of the review, City may require Company to provide expanded or new servic~ within a reasonable time and for reasonable rates and compensation and City may direct or take corrective actions for any performance inadequades. -55- Iune 13, 1995 ARTICLE 8 RECORDS, REPORTS AND INFORMATION REQUIREMENTS 8.1 General Company shall maintain such accotmting, statistical and other records related to its performance under this Agreement as shall be necessary to develop the fmandal statements and other reports required by this Agreement. Also, Company agrees to conduct data collection, information and record keeping, and reporting activities needed to comply with applicable laws and regulation and to meet the reporting and Solid Waste program management needs of City. To this extent, such requirements set out in this and other Articles of this Agreement shall not be considered limiting or necessarily complete. In particular, this Article is intended to: only highlight the general nature of records and reports and is not meant to define exactly what the records and reports are to be and their content. Further, with the written direction or approval of City, the records and reports to be maintained and provided by Company in accordance with this and other Articles 6t the Agreement may be adjusted in number, format, or frequency. 8.2- Records 8.2.1 General Company shall maintain records required to conduct its operations, to support requests it may make to City, and to respond to requests from City in the conduct of City business. Adequate record security shall'be maintained to preserve records from events that can be reasonably antidpated such as a fire, theft and earthquake. Electronically maintained data/records shall be protected and backed up. Company agrees that the records of any and all companies conducting operations addressed in the Agreement, including Related Party Entities, shall be provided or made available to City and its official representatives during normal business hours. 8.2.2 Financial Records [ Financial records shall be maintained and cost and revenue information for City shall be segregated from other areas served by Company. -56- June 13, 1995 Where the allocation of costs or revenues to various categories of customers is required to develop equitable rates that reflect the cost of service, Company shall segregate such costs and revenues. 8.23 Solid Waste Records Records shall be maintained by Company for City relating to: a) b) c) d) e) g) h) i) Customer services and billing; Character, weight and volume of Solid Waste, especially as related to reducing and diverting Solid Waste. Information is to be separated by kind of account (including Multi-Family Dwolling Units with Residential). Spedal annual deanup event results; Routes; Facilities, equipment and personnel used; Fadlities and equipment operations, maintenance and repair; Processing and Disposal of Solid Waste; Complaints; and, Missed pick ups. Company shall maintain records of Disposal of all Solid Waste Collected in City for the period of this Agreement and all extensions to this Agreement or successor Agreements. in the event Company discontinues providing Solid Waste services to City, Company shall provide all records of Disposal or processing of all Solid Waste Collected in City within thirty (30) days of discontinuing service. Records shall be in chronological and organized form and readily and easily interpreted. 8.2.4 Recycling and Green Waste Service Records Records shall be maintained for City that re/ate to: a) Records described in 8.2*3, above; b) Recycling and Green Waste partidpation - espedally as related to determining partidpation rates and implementing programs to increase existing partidpation and to expand diversion (names, addresses, contacts made, etc.); c) Weight of each material by type of program; d) Sales - kind of material, name of buyer/user, date of sales/transaction, processing costs, quantity purchased (in tons) and value per ton, and net sales; e) Inventories; and, -57- June 13, 1995 Accomplishments relative to milestones contained in Company's proposal (Exhibit 1). 8.3 8.2.5 Other Programs' Records Records for other programs shall be tailored to specific needs. In general, they shall include: a) Plans, tasks, and milestones; and, b) Accomplishments in terms such as dates, activities conducted, quantities of products used, produced or distributed, and numbers of partialpants and Reports 8.3.1 Report Fo~niats and Schedule Records shall be maintained in forms and by methods that fadlitate flexible use of data contained in them to structure reports, as needed. Reports are intended to compile recorded data into useful forms of information that can be used to, among other things: a) b) c) d) Determine and set rates and evaluate the finandal efficacy of operations; Evaluate past and expected progress towards achieving goals and objectives; Determine needs for adjustment to programs; and, Evaluate customer service and complaints. Company may propose report formats that are responsive to the objectives and audiences for each report. The format of each report shall be approved by City. Monthly reports shall be submitted within twenty (20) calendar days after the end of the report month. Quarterly reports shall be submitted within thirty (30) calendar days after the end of the quarter. Quarters end on March 31, lune 30, September 30 and December 31. Annual reports shall be submitted before lanuary 31st following the reporting year. All re' >orts shall be submitted to: Assistant City Manager/Administrative Services Director City of Dublin 100 Civic Plaza Dublin, California 94568 lune 13, 1995 8.3.2 Monthly Reports The information listed shall be the minimum reported for each service: Regular Services a) Solid Waste, sorted by kind of Waste Generator, Collected by Company, in tons. b) Complaint summary, for month and cumulative for report year, as above. Sununarized by nature of complaints. c) Narrative summary of problems encountered and actions taken with recommendations for City, as appropriate. Recycling and Green Waste Services a) Same as Regular Service, but for Recycling by materiM type and Green Waste, including the percentage diverted by material type and category (Residential, Commerdal, Industrial). b) Number of accounts by categ, ory shown for each month of reporting year and previous years, as above. c) Partidpation rates in same' format as number of accounts. d) Recydables Container"Distribution. Information on the number of Recycling Containers distributed, including why Containers have been distributed (i.e., new Recycling customer, broken, lost, stolen, other)° e) Materials Sales. Sales statement showing: kinds of material, quantity purchased (in tons), and net sales. 19 Inventories - Description showing the quantity and type of Recydable materials remaining in inventory at the dose of the month. 8.3.3 Quarterly Report Regular Senrice and Recycling and Green Waste quarterly reports shall be quarterly summaries of the monthly information. Other Programs For each program, provide activity related and narrative reports on goals and milestones and accomplishments. Describe problems encountered, actions taken and any recommendations to facilitate progress. Describe vehicles, personnel, and equipment uHliTed for each program. -59- lune 13, 1995 Summary Assessment Provide a summary assessment of the overall Solid Waste program from Company's perspective relative to ~nandal and physical status of program. The physical status is to relate to how well the program is operating for effidency, economy and effectiveness relative to meeting all the goals and objectives of this Agreement and AB 939. Provide recommendations and plans to improve. Highlight significant accomplishments and problems. 8.3.4 Annual Report ' In the event that an extraordinary adjustment is requested in accordance with Section 6.8 that involves an Affiliate, the provisions in this Section 8.3.4 relating to Related Party Entities shall apply. Otherwise, such provisions shall not apply. The Annual Report is to be essentially in the form and content of the quarterly reports. In addition, Company's and Related Party Entities' annual audited finandal reports/stalemerits shall be included. The annual report shall also include a complete inventory of equipment used to provide all services. Finandal statements shall include a supplemental combining schedule showing Company's results of operations, including the specific revenues and expenses in connection with the operations provided for in this Agreement and others included in such finandal statements. The finandal statements, and footnotes shall be prepared in accordance with Generally Accepted Accounting Prindples (GAAP) and audited, in accordance with Generally Accepted Auditing Standards (GAAS) by a certified public accountant (CPA) licensed (in good standing) to practice public accounting in the State of California as determined by the State of California Department of Consumer Affairs Board of Accountancy. The CPA opinion on Company's annual finandal statements shall be unqualified. The cost for the annual audit shall be borne by Company as a direct cost of service. In addition, Company shall provide to City the supplemental schedule on a compiled basis. Company shall, in its agreement with the CPA performing its annual audit referred to above, have its CPA make available to City (or City's designated representative) such CPA's working papers related to the audit. The cost, if any, incurred by Company's CPA shall be included in the cost of the audit -60- Iune 13, 1995 As part of the annual audit requirement described, or within ninety (90) days of each Related Party Entity's Fiscal Year-end, if timing does not coinride with the anm~al report date, Company shall provide City a copy of the Related Party Entity's annual audited finandal statements and management letter for that Fiscal Year. The fmandal statements shall be prepared in accordance with GAAP and audited, in accordance with GAAS, by a CPA licensed in the state in which the Related Party Entity is headquartered. The CPA's opinion on each Related Party Entity's annual finandal statements shall be unqualified. Each Related Party Entity shall, in its agreement with the CPA performing its annual audit referred to above, have its CPA make available to City (or City's designated representative) such CPA's working papers related to the audit. Company agrees that all finandal transactions with all Related Party Entities shall be approved in advance in writing and disclosed annually (coinriding with Company's annual audited finandal statements referred to in this Section) to City in a separate disclosure letter to City. This letter shall include, but not be limited to, the following information: A general description of the nature of each, or type of (for many similar) transaction, as applicable. Such description shall include for each (or similar) transaction, amounts, specific Related Party Entity, basis of amount (how amount was determined), and description of the allocation methodology used to allocate any common costs. Amounts shall be reconciled to the Related Party Entity disclosures made in Company's annual audited finandal statements referred to in this Section. At City's request, Company shall provide City with copies of working papers or other documentation deemed relevant by City relating to information shown in the annual disclosure letter. The annual disclosure letter shall be provided to City within ninety (90) days of Company's Fiscal Year end. 8.4 Ril~ht to Inspect Records City shall have the fight to inspect or review the payroll tax reports, specific documents or records required expressly or by inference pursuant to this Agreement, or any other similar records or reports of Company or its Related Party Entities (if required under -61- June 13, 1995 Section 8.3.4) that City shall deem, in its sole discretion, necessary to evaluate annual reports, compensation applications provided for in this Agreement and Company's performance provided for in this Agreement. -62- Iune 13, 1995 ARTICLE 9 INDEMNIFICATION, INSURANCE AND BOND 9.1 Indemnification Company hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, commissions, officers, employees, and agents (collectively, indemnifies) from and against any and all loss, liability, penalty, forfeiture, claim, demand, action proceeding or suit in law or equity of any and every kind and description (including, but not limited to, injury to and death of any Person and damage to property, or for contribution or indemnity claimed by third parties) arising or resulting from and in any way connected with (1) the negligence or wil/ful misconduct of Company, its officers, employees, agents, contractors and/or subcontractors in performing services under this Agreement; (2) the failure of Company, its officers, employees, agents, contractors and/or subcontractors to comply in all respects with the provisions of this Agreement, applicable laws (including, without limitation, the Environmental Laws), ordininces and regulations, and/or applicable permits and licenses; (3) the acts of Company, its officers, employees, agents, contractors and/or subcontractors in performing services Under this Agreement for which strict liability is imposed by law (inducting, without limitation, the Environmental Laws). The foregoing indemnity shall apply regardless of whether such loss, liability, penalty, forfeiture, claim, demand, action, proceeding, suit, injury, death or damage is also caused in part by any of the indemnities' negligence, but shall not extend to matters resulting from the indemnities' sole or active negligence, willful misconduct or breach of this Agreement. Company further agrees to and shall, upon demand of City, at Company's sole cost and expense, defend (with attorneys acceptable to City) City, its elected and appointed boards and commissions, officers, employees, and agents against any dairns, actions, Suits in law or equity or other proceedings, whether judicial, quasi- judidal or administrative in nature, arising or resulting from any of the aforementioned events. Company's duty to indemnify and defend from the aforementioned events arising during the Term of the Agreement and as it may be extended shall survive the expiration or earlier termination of this Agreement. -63- June 13,. 1995 9Z2 Hazardous Substances Indemnification Company shall indemnify, defend with counsel reasonably acceptable to City, protect and hold harmless City, its elected and appointed boards, commissions, officers, employees, and agents (collectively, indemnities) from and against all claims, damages (including but not limited to spedal, consequential, natural resources and punitive damages), injuries, costs, (including without limit any and all response, remediation and removal costs), losses, demands, debts, Hens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties, attomey's fees for the. adverse party and.expenses (including without limit attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity), (collectively, "Damages") of any kind whatsoever paid, incurred or suffered by, or asserted against, indemnities arising from or attributable to the acts or omissions of Company, its officers, directors, employees, companies or agents, whether or not negligent or otherwise culpable, in connection with or related to the performance of this Agreement, including without limit Damages arising from or attributable to any repair, deanup or detoxiflcation, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Substance, Hazardous Waste, and/or House Hazardous Waste (Collectively, '14taste'') in City at any places where Company transports, processes, stores or disposes of City Solid Waste, and/or construction and street debris, or other waste. 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 USC. §9607(e) and California Health and Safety Code §25364, to defend, protect, hold harmless, and indemnify City from liability. This provision is in addition to all other provisions in t_his Agreement and shall survive the end of the term of this Agreement. The foregoing applies only to facilities owned or operated by Company or its Affiliates or any facility that Company selects for disposal of Solid Waste Collected pursuant to this Agreement. 9.3 AB 939 Commitment Company guarantees that Company's performance under the Agreement, in combination with existing waste diversion practices in City, will restLit in achievement of City's obligations under AB 939 to divert 25% of its waste stream from landffil or transformation facilities by December 31, 1996, provided that City does not make substantial changes in the programs described in the Agreement which changes materially decrease Company's ability to affect Solid Waste diversion practices. If data -64- Iune 13, 1995 indicates that Company's services are not resulting in a 25% diversion rate, and if such failure is not demonstrably beyond Company's ability to control or affect, Company shall propose and implement additional services at its own expense to achieve the 25% diversion rate. Company agrees further that, should City fail to meet the AB 939 25% diversion obligation, Company shall indemnify City against all claims arising out of such failure, unless the reasons for the failure were demonstrably beyond Company's control. Company further agrees to submit proposals to City by Ianuary 1, 1998, for programs to achieve City's obligations under AB 939 to divert 50% of its waste stream from landfill or transformation facilities by Ianuary 1, 2000. Such proposals shall include services and technologies appropriate to City's needs at costs comparable to industry averages. If Company's proposals are accepted by City, Company shall guarantee the 50% diversion rate and indemnify City on the same terms as provided above. 9.4 Altamont Disposal Facility Closure/Post-Closure Credit Company is currently negotiating with the Alameda County Ioint Refuse Rate Review Committee, of which City is-a member agency, an amount to be paid by each member agency for closure/post-closure costs associated with Solid Waste Collected from each member agency and placed in the AltamOnt Disposal Facility by Company up to the date of such agreement. Company shall reduce City's share of the"final negotiated amount (or if no agreement is reached, an amount negotiated with City directly) for all City Solid Waste deposited at the Altamont Disposal Facility through December 31, 1995, by One-Hundred Seventy-Five Thousand Dollars ($175,000). Company's interest is to relieve City of all liability associated with Solid Waste deposited at the Altamont Disposal Facility through December 31, 1995. Should Company believe City's share of the negotiated amount exceeds One-Hundred Seventy-Five Thousand Dollars ($175,000), Company and City shall meet and negotiate a settlement with regard to such additional amount. 9.5 Insurance City does not, and shall not, waive any rights against Company which it may have by reason of the aforesaid hold harmless agreements, because of acceptance by City or the deposit with City by Company of the insurance polides described in this provision. -65- June 13, 1995 Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. The most recent editions of Insurance Services Office form number GL 0002 covering Comprehensive General Liability and Insurance Semrices Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). 2. The most recent editions of Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 "any auto" and endorsement 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. Minimum Limits of Insurance. Company shall maintain in force for the term of this Agreement limits no less than: 1. Comprehensive General Liability: Five Million Dollars ($5,000,000) combined single Hmit per occurrence for bodily injury, Personal injury and property damage. 2. Automobile Liability: Five Million Dollars ($5,000,000) combined single limit per accident for bodily injury and property damage. Workers' Compensation and Employers Liability: Workers' compensation Jim its as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention's as respects City, its officials, employees and agents; or Company shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The polides are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages a) City, its elective and appointive boards, commissions, offidals, employees, agents and volunteers are to be named as additional insureds as respects: liability arising out of activities performed by -66- Iune 13, 1995 or on behalf of Company; products and completed operations of Company; Premises owned, leased or used by Company; or vehicles owned, leased, hired or borrowed by Company, The coverage shall con~in no spedal limitations on the scope of protection afforded to CRy, i~s elective and appointive boards, commissions, offidals, employees, agents or voluntees. b) Company's insurance coverage shall be primary insurance as respects City, its elective and appointive boards, commissions, offidajs, employees, agents and volunteers. Any insurance or self- insurance maintained by City, its offidals, elective and appointive boards, commissions, employees, agents or volunteers shall be excess of Company's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the polides shall not affect coverage provided to City, its officials, elective and appointive boards, commissions, employees, agents or volunteers. d) Coverage shall state that Company'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. Workers' Compensation and Employers Mability Coverage - The insurer shall agree to waive all rights of subrogation against City, its offidals, elective and appointive boards, commissions, employees, agents and volunteers for losses arising from work performed by Company for City. All Coverages - Each insurance policy required by this dause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. Acceptability of Insurers. The insurance polides required by this Section shall be issued by an insurance company or companies authorized to do business in the State of California and with a rating in the most recent edition of Best's -67- June 13, 1995 Insurance Reports of size category VII or larger and a rating classification of A or Verification of Coverage. Company shall furnish City With certificates of insurance and With original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a Person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by or acceptable to City and are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance p01ides, at any time.. Contractors and Subcontract.am. Company shall include all contractors and subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each contractor and subcontractor. All coverages for contractors and subcontractors shall be subject to all of the requirements stated Required Endorsements 1. The Workers' Compensation policy shall contain an endorsement in substantially the following form: "Thirty (30) days prior written notice shall be given to City in the event of cancellation, reduction in coverage, or non-renewal of this policy. Such notice shall be sent to: Assistant City Manager/Administrative Services Director City of Dublin 100 Civic Plaza Dublin, California 94568 2. The Public Liability policy shall contain endorsements in substantially the following form: 'Thirty (30) days prior written notice shall be given to City in the event of cancellation, reduction in coverage, or non-renewal of this policy. Such notice shall be sent to: -68- June 13, 1995 Assistant City Manager/Administrative Services Director City of DubLin 100 Civic Plaza DublLn, California 94568 b) "City, its officers, elective and appointive boards, commissions, employees, and agents are additional insureds on this policy." c) '~is policy shall be considered primary insurance as respects any other valid and collectible insurance maintained by City, including any self-insured retention or program of self-insurance, and any other such insurance shall be considered excess insurance only." d) "Inclusion of City as an insured shall not affect City's rights as respects any claim, demand, suit or judgment brought or recovered against Company. This policy shall protect Company and City in the same manner as though a separate policy had been issued to each, but this shall not operate to increase Company's Liability as set forth in the policy beyond the amount shown or to which Company would have been liable if only one party had been named as an insured." Delivery of Proof of Coverage. Simultaneously with the execution of this Agreement, Company shall furnish City certificates of each policy of insurance required hereunder, in form and substance satisfactory to City. Such certificates shall show the type and amount of coverage, effective dates and dates of expiration of polides and shall have all required endorsements. If City requests, copies of each policy, together with all endorsements, shall also be promptly delivered to City. Renewal certificates will be furnished periodically to City to demonstrate maintenance of the required coverage throughout the Term. Other Insurance RequLrements. 1. In the event any services are delegated to a contractor or subcontractor, Company shall require such contractor or subcontractor to provide -69- Iune 13, 1995 statutory workers' compensation insurance and employer's liability insurance for all of the contractor or subcontractor's employees engaged in the work in accordance with this Section 9.4. The liability insurance required by this Section 9.4 shall cover all contractor or subcontractors or the contractor or subcontractor must furnish evidence of insurance provided by it meeting all of the requirements of this Section 9.4. Company shall comply with all requirements of the insurers issuing polldes. The carrying of insurance shall not relieve Company from any obligation under this Agreement. If any claim exceeding the amount of any deductibles or seLf-insured reserves is made by any third Person against Company or any contractor or subcontractor on account of any occurrence related to this Agreement, Company shall promptly report the facts in writing to the insurance carrier and to City. If Company fails to procure and maintain any insurance required by this Agreement, City may take out and maintain, at Company's expense, such insurance as it may deem proper and deduct the cost thereof from any moneys due Company. 9.6 Faithful Performance Bond Simultaneously with the execution of this Agreement, Company shall file with City a bond, payable to City, securing Company's faitlfful performance of its obligations under this Agreement The prindpal sum of the bond shall be One Million Dollars ($1,000,000). The bond shall be executed as surety by a corporation authorized to issue surety bonds in the State of California, with a finandal condition and record of service satisfactory to City. The bond shall be in the form attached as Exhibit 4. -70- Iune I3, 1995 ARTICLE 10 CITY'S RIGHT TO PERFORM SERVICE 10.1 General In the event that Company, for any reason whatsoever, fails, refuses or is unable to Collect, transport or dispose of any or all Solid Waste which it is required by this Agreement, at the time and in the manner provided in this Agreement, for a period of more than forty-eight (48) hours, ~nd if, as a result thereof, Solid Waste should accumulate in City to such an extent, in such a manner, or for such a time that City should find that such accumulation endangers or menaces the public health, safety or welfare, then City shall have re right, but not the obligation, upon twenty-four (24) hour prior written notice to Company during the period of such emergency as determined by City, (1) to perform, or cause to be performed, such services itself with its own or other Personnel without liability to Company; and/or (2) to take possession of any or all of Company's land, equipment and other property used or useful in the Collection and transportatioff of Solid Waste, and to use such property to Collect and transport any Solid Waste generated within City which Company would otherwise be obligated to Collect, transport and properly dispose of or process pursuant to this Agreement. Notice of Company's failure, refusal or neglect to Collect, transport and properly dispose of or process Solid Waste may be given orally by telephone to Company at its prindpal office and shall be effective immediately. Written confirmation of such oral notification shall be sent to Company within twenty-four (24) hours of the oral notification. Company further agrees that in such event: A. It will take direction from City to effect the transfer of possession of equipment and property to City for City's use. It will, if City so requests, keep in good repair and condition all of such equipment and property, provide all motor vehicles with rid, oil and other service, and provide such other service as may be necessary to maintain said property in operational condition. -71- June 13, 1995 City may immediately engage all or any Personnel necessary or useful for the Collection and transportation of Solid Waste, including, if City so desires, employees previously or then employed by Company, Company further agrees, if City so requests, to furnish City the services of any or all management or office Personnel employed by Company whose services are necessary or useful for SoLid Waste Collection, transportation, processing and di.~posal operations and for the billing and Collection of fees for these services. City agrees that it assumes complete responsibility for the proper and normal use of such equipment and facilities while in its possession. If the interruption or discontinuance in service is caused by any of the reasons listed in Section 11.4, City shall pay to Company the reasonable rental value of the equipment and facilities, possession of which is taken by City, for the period of City's possession, if any, which extends beyond the period of time for which Company has rendered bills in advance of service, for the class of service involved. Except as otherwise expressly provided in the previous paragraph, City's exerdse of its fights under this Article 10 (1) does not constitute a taking of private property for which compensation must be paid; (2) will not create any liability on the part of City to Company; and (3) does not exempt Company from the indemnity provisions of Article 9, which are meant to extend to circumstances arising under this Section, provided that Company is not required to indemnify City against claims and damages arising from the sole negligence of City, its elective and appointive boards, commissions, officers, employees and agents in the operation of Collection vehicles during the time City has taken possession of such vehicles. 10.2 Temporary Possession of Company's Property If City suffers an interruption or discontinuance of service (including interruptions and discontinuance due to events described in Section 11.4), City may take possession of and use all of Company's property described above until other suitable arrangements can be made for the provision of Solid Waste Collection Services which may include the grant of a Franchise to another waste hauling company. -72- Iune 13, 1995 10.3 Billing and Compensation to City D~ring City's Possession During such time that City is providing SOlid Waste services, as above provided, Company shall bill and Collect payment from all users of the above-mentioned sendces as described in Section 5.1.2. Company further agrees that, in such event, it shall reimburse City for any and all costs and expenses incurred by City in taking over possession of the above-mentioned equipment and property for Solid Waste senrice in such manner and to an extent as would otherwise be required of Company under the Terms of this Agreement. Such reimbursement shall be made from time to time after submission by City to Company of each statement listing such costs and expenses, but in no event later than five (5) working days from and after each such submission. 10.4 City's Right to Relinquish Possession It is further mutually agreed that City may at any time at its discretion relinquish possession of any or all of the above-mentioned property to Company and thereupon demand that Company resume the Solid Waste services as provided in this Agreement, whereupon Company shall be bound to resume the same. 10.5 City's Possession Not A Taking City's exercise of its rights under this Article (1) does not constitute a taking of private property for which compensation must be paid, (2) will not create any liability on the part of City to Company, and (3) does not exempt Company from any of the indemnity and insurance provisions of this Agreement, which are meant to extend to circumstances arising under this Section. 10.6 Duration of City's Possession City's right pursuant to this Artide to retain temporary possession of Company's facilities and equipment, and to render Collection services, shall terminate when City determines that such services can be resumed by Company, or when City no longer reasonably requires such property or equipment. In any case, City has no obligation to maintain possession of Company's property or equipment and/or continue its use for any period of time and may at any time, in its sole discretion, rolinquish possession to Company. -73- lune 13, 1995 , ARTICLE 11 DEFAULT, REMEDIES AND LIQUIDATED DAMAGES 11.1 Events of Default All provisions of the Franchise and this Agreement to be performed by Company are considered material. Each of the following shall cons~tute an event of default. Fraud or Deceit. If Company practices, or attempts to practice, any fraud or deceit upon City. Insolvency or Bankruptcy. If Company becomes insolvent, unable, or unwilling to pay its debts, or upon listing of an order for relief in favor of Company in a bankruptcy proceeding. C. Failure to Maintain Coverage. If Company fails to provide or maintain in full force and effect the WSrkers' Compensation, Hability, or indemnification coverage as required by this Agreerrtent. Violations of Regulation. If Company violates any orders or filings of any regulatory body having jurisdiction over Company relative to this Agreement, provided that Company may contest any such orders or filings by appropriate proceedings conducted in good faith, in which case no breach of the Franchise and this Agreement shall be deemed to have occurred. Failure to Perform. If Company ceases to provide Collection, processing or Recycling services as required under this Agreement for a period of two (2) consecutive days or more, for any reason within the control of Company, including labor disputes. Failure to Pay. If Company fails to make any payments required under this Agreement and/or refuses to provide City with required information, reports, and/or records in a timely manner as provided for in the Agreement. Acts or Omissions. Any other act or omission by Company which violates the terms, conditions, or requirements of this Agreement, the California Integrated -74- June 13, 1995 Waste Management Act of 1989, as it may be mended from time to time, or any law, statute, ordinance, order, directive, rule, or regulation issued thereunder and which is not corrected or remedied within the time set in the written notice of the violation or, if Company cannot reasonably correct or remedy the breach within the time set forth in such notice, if Company should fail to commence to correct or remedy such violation within the time set forth in such notice and diligently effect such correction or remedy thereafter. False or Misleading Statements. Any representation or disclosure made to City by Company in connection with or as an inducement to entering into this Agreement, or any future amendment to this Agreement, which proves to be false or misleading in any material respect as of the time such representation or disclosure is made, whether or not any such representation or disclosure appears as part of this Agreement. Attachment. There is a seizure of, attachment of, or levy on, the operating equipment of Compa/iy, including without limits its equipment, maintenance or office facilities, or any part thereof. Suspension or Te~nitation of Service. There is any termination or suspension of the transaction of business by Company, including without limit, due to labor unrest indudlng strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action lasting more than two (2) consecutive days. Failure to Provide Assurance of Perromance. It Company fails to provide reasonable assurances of performance as required under Section 11.6. 11.2 Right to Terminate Upon Default Upon a default by Company, City shall have the right to terminate this Franchise and this Agreement upon a ten (10) days notice if the public health or safety is threatened, or otherwise a thirty (30) days notice, but without the need for any hearing, suit or legal action. This fight of termination is in addition to any other fights of City upon a failure of Company to perform its obligations under this Agreement. City's right to terminate this Agreement. and to take possession of Company's Facility are not exclusive, and City's termination of this Agreement shall not constitute an -75- June 13, 1995 election of remedies. Instead, they shall be in addition to any and all other legal and equitable fights and remedies which City may have. By virtue of the nature of this Agreement, the urgency of timely continuous and high- quality service, the time required to effect alternative service, and the rights granted by City to Company, the remedy of damages for a breach hereof by Company is inadequate and City shall be entitled in injunctive relief. 11.3 Liquidated Dama2e~ A. General. The City finds, and Company agrees, that as of the time of the execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be incurred by City as a result of a breach by Company of its obligations under this Agreement. The factors relating to the impractlcability of ascertaining damages include, but are not limited to, the fact that:. (i) substantial damage results to members of the public 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 individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (ill) that Franchised services might be available at substantially lower costs than alternative 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 futtLre correction and not remedies which make the public whole for past breaches. Service Performace Standards; Liquidated Damages for Failure to Meet Standards. The parties further acknowledge that consistent, reliable Solid Waste Collection service is of utmost importance to City and that City has considered and relied on Company's representations as to its quality of service commitment in awarding the Franchise 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 Company fails to achieve the performance standards, or fails to submit required documents in a timely manner, City and its residents will suffer -76- June 13, 1995 damages and that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages which City will suffer. Therefore, without prejudice to City's right to treat such non-performance as an event of default under this Article 11, the parties agree that the following Liquidated damage amounts represent a reasonable estimate of the amount of such damages considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to City that reasonably could be antidpated and the antidpation 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 consuit with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made. Company City Initial Here Initial Here Company agrees to pay (as Liquidated damages and not as a penalty) the amounts set forth belov~. Collection Reliability a) For each failure to commence service to a new customer account within seven (7) days after order, which exceed five (5) such failures annually: b) For each failure to Collect Solid Waste, which has been properly set out for Collection, from an established customer account on the scheduled Collection day and not Collected within the period described in this Agreement which exceeds ten (10) such failures annually: c) For each failure to Collect Solid Waste, which has been properly set out for Collection, from the same customer on two (2) consecutive scheduled pickup days: $150.00 $150.00 $150.00 -77- June 13, 1995 Collection Reliability (Continued) d) For each failure to prepare for or properly conduct Annual Cleanups including advertising and press releases: e) For each failure to perform and submit billing reviews: $250.00 $250.00 Collection Ouality a) For each occurrence of damage to private property wMch exceeds five (5) such occurrences annually: b) For each occurrence of failure to properly return empty Containers to avoid pedestrian or vehicular traffic impediments or to place cans upright with lids secured (in areas where customers own their containers, if applicable) which exceeds ten (10) such occurrences annually: For each occurrence of excessive noise: For each occurrence of discourteous behavior to a customer For each failure to dean up Solid Waste spilled from Solid Waste Containers w'hich exceeds ten (10) such failures annually: f) For each occurrence of Collecting Solid Waste during unauthorized hours wMch exceeds five (5) such occurrences annually: c) d) e) $250.00 $150.00 $250.00 $250.00 $150.00 $250.00 Customer Responsiveness a) For each failure to Lrdtially respond to a customer complaint within one (1) business day: b) For each failure to process customer complaints to City as required by Article 5: c) For each failure to carry out responsibilities for establishing service: $I00.00 $500.00 $500.00 4. Timeliness of Submissions to City Any report shall be considered late until such time as a correct and complete report is received by City. For each calendar day a report is late, the daily liquidated damage amount shall be: a) Monthly Reports: $100 per day b) Quarterly Reports: $250 per day c) A,rm,m! Reports: $500 per day -78- lune 13, 1995 City may determine the occurrence of events giving rise to liquidated damages through the observation of its own employees or representative or investigation of customer complaints. Prior to assessing liquidated damages, City shall give Company notice of its intention to do so. The notice will include a brief description of the inddent(s)/non-performance. Company may review (and make copies at its own expense) all information in the possession of City relating to inddent(s)/non-performance. Company may, within ten (10) days after receiving the notice, request a meeting with City. Company may present evidence in writing and through testimony of its employees and others relevant to the inddenffs)/non-performance. City will provide Company with a written explanation of his or her determination on each inddent(s)/non-performance prior to authorizing the assessment of liquidated damages. The decision of City shall be final. C. Amount. City may assess Liquidated damages for each calendar day or event, as appropriate, that Company is determined to be liable in accordance with this Agreement. Timing of Payment- Company shall pay any liquidated damages assessed by City within ten (10) days after they are assessed. If they are not paid within the ten (10) day period, City may proceed against the performance bond required by the Agreement or order the termination of the Franchise granted by this Agreement, or both. 11.4 Excuse from Performance The parties shall be excused from performing their respective obLigations hereunder in the event they are prevented from so performing by reason of floods, earthquakes, other "acts of God", war, dvil insurrection, riots, acts of any government (including judidal action), and other similar catastrophic events which are beyond the control of and not the fault of the party claiming excuse from performance hereunder. Labor unrest, including but not limited to strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action conducted by Company's employees or directed at Company -79- Iune 13, 1995 is not an excuse from performance and Company shall be obligated to continue to pro- - vide service notwithstanding the occurrence of any or all of such events. The party claiming excuse from performance shall, within two (2) days after such party has notice of such cause, give the other party notice of the facts constituting such cause and asserting its claim to excuse under this Section. The interruption or discontinuance of Company's services caused by one or more of the events excused shall not constitute a default by Company under this Agreement. Notwithstanding the foregoing, however, if Company is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of seven (7) days or more, City shall nevertheless have the fight, in its sole discretion, to terminate this Agreement by giving ten (10) days' notice, in which case the provisions relative to taking possession of Company's land, equipment and other property and engaging Company's Personnel in Article I0 and this Article 11 will apply. 11.5 Notice, Hearing and Appeal bf City Breach Should Company contend that City is in breach of this Agreement, it shall File with the City Manager a written request with City for an administrative hearing. Said request shall be made within ninety (90) days of the event or incident which allegedly gave rise to the breach. City shall notify Company of the time and date said hearing shall be held within thirty (30) days of receipt of Company's request. Company shall present its position and all relevant facts after City staff has made its presentation. Company shall be notified of City's ruling in writing within fourteen (14) days of the administrative hearing. If Company is not in agreement with the ruling issued by City at the administrative hearing, it shall have the fight to appeal this ruling to the City Coundl members. This appeal shall be made in writing to City no later than fourteen (14) days after receipt of the administrative hearing ruling. City shall notify Company of the ~irne and date the City Council will review Company's allegation. Company shall present its position and all relevant facts after staff has made its presentation. Company shall be notified in writing within thirty (30) days of the City Council's ruling. The City Coundl's ruling shall be final, and Company shall have no further fights of appeal. -80- June 13, 1995 11.6 Assurance of Performance City may, at its option and in addition to all other remedies it may have, demand from Company reasonable assurances of timely and proper performance of this Agreement, in such form and substartce as City may require. If Company fails or refuses to provide satisfactory assurances of timely and proper performance in the form and by the date required by City, such failure or refusal shall be an event of default. -81- Iune 13, 1995 ARTICLE 12 OTHER AGREEMENTS OF THE PARTIES 12.1 12.2 Relationship of Parties The parties intend that Company shall perform the services required by this Agreement as an independent Company engaged by City and not as an officer or employee of City nor as a partner of or joint v~nture with City. No employee or agent or Company shall be or shall be deemed to be a~, employee or agent of City. Except as expressly provided herein, Company shall have the exclusive control over the manner and means of conducting the Solid Waste Collection and Disposal services performed under this Agreement, and all Persons performing such services. Company shall be solely responsible for the acts and omissions of its officers, employees, contractors, subcontractors and agents. Neither Company. nor its officers, employees, contractors, subcontractors and agents shall obtain any rights to retirement benefits, workers' compensation benefits, or any other benefits which accrue to City employees by virtue of their employment with City. ; Compliance with Law . In providing the services required under this Agreement, Company shall at all times, at its sole cost, comply with all applicable laws and regulations of the United States, the State of California, and local agerides, City shall comply with all applicable regulations promulgated by federal, state, regional or local adrninistrati~te and regulatory agencies, now in force and as they may be enacted, issued or amended during the Term. 12.3 Governin~ Law This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Jurisdiction Any lawsuits between the parties arising out of this Agreement shall be brought and concluded in the courts of the State of California, which shall have exclusive jurisdiction over such lawsuits. With respect to venue, the parties agree that this Agreement is made in and will be performed in Alameda County. -82- Iune 13, 1995 12.5 Assignment Except as may be provided for in Article 10 (City's Right to Perform Service), neither party shall assign its rights, nor delegate, subcontract or otherwise transfer its obligations under this Agreement to any other Person without the prior written consent of the other party. Any such assignment made without the consent of the other party shall be void and the attempted assignment shall constitute a material breach of this Agreement. For purposes of this Section when used in reference to Company, "assignment" shall include, but not be limited to (i) a sale, exchange or other transfer of substantially all of Company's assets dedicated to service under this Agreement to a third party; (ii) a sale, exchange or other transfer of outstanding common stock of Company to a third party provided said sale, exchange or transfer may result in a change of control of Company; (Hi) any dissolution, reorganization, consolidation, merger, re-capitalization, stock issuance or re-issuance, voting trust, pooling agreement, escrow arrangement, liquidation or other transaction to which results in a change of Ownership or control of Company; (iv) any assignment by operation of law, including insolvency or bard<ruptcy, making assignment for the benefit of creditors, writ of attachment for an execution being levied against this Agreement, appointment of a receiver taking possession of Company's property, or transfer occurring in the event of a probate proceeding; and (v) any combination of the foregoing (whether or not in related or contemporaneous transactions) which has the effect of any such transfer or change of Ownership, or change of control of Company. Company acknowledges that this Agreement involved rendering a vital service to City's residents and businesses, and that City has selected Company to perform the services spedfled herein based- on (1) Company's experience, skill and reputation for conducting its Solid Waste management operations in a safe, effective and responsible fashion, at all times in keeping with applicable Environmental Laws, regulations and best Solid Waste management practices, and (2) Company's finandal resources to maintain the required equipment and to support its indemnity obligations to City under this Agreement. City has relied on each of these factors, among others, in choosing Company to perform the services to be rendered by Company under this Agreement. -83- June 13, 1995 If Company requests City's consideration of and consent to an assignment, City may deny or approve such request in its complete discretion. No request by Company for consent to an assignment need be considered by City unless and until Company has met the following requirements: Company shall undertake to pay City its reasonable expenses for attorney's fees and investigation costs necessary to investigate the suitability of any proposed assignee, and to review and finalize any documentation required as a condition for approving any such assignment; Company shall furnish City with audited finandal statements of the proposed assignee's operations for the immediately preceding three (3) operating years; Ce Company shall furnish City with satisfactory proof: (i) that the proposed assignee has at least ten (10) years of Solid Waste management experience on a scale equal to or exceeding the sale of operations conducted by Company under this Agreement; (ii) that in the last five (5) years, the proposed assignee has not suffered any significant citations or other censure from any federal, state or local agency having jurisdiction over its Solid Waste management operations due to any significant failure to comply with state, federal or local Environmental Laws and that the assignee has provided City with a complete list of such citations and censures; (iii) that the proposed assignee has at all times conducted its operations in an environmentally safe and consdentious fashion; (iv) that the proposed assignee conducts its Solid Waste management practices in accordance with sound Solid Waste management practices in full compliance with all federal, state and local laws regulating the collection and Disposal of Solid Waste including Hazardous Substances; and, (v) of any other information required by City to ensure the proposed assignee can fulfill the Terms of this Agreement in a timely, safe and effective manner. Under no circumstances shall City be obliged to consider any proposed assignment by City if Company is in default at any time during the period of consideration. -84- June 13, 1995 12.6 12.7 12.8 12.9 Affiliated Companies Company's accounting records shall be maintained on a basis showing the results of Company's operations under this Agreement separately from operations in other locations, as if Company were an independent entity providing senrice only to City. The costs and revenues associated with providing service to City shall not be combined, consolidated or in any other way incorporated with those of other operations conducted by Company in other locations, or with those of an Affiliate. If Company enters into any finandal transactions with a Related Party Entity pursuant to Section 6.8 for the provision of labor, equipment, supplies, services, capital, etc., related to the furnishing of service under this Agreement, that relationship shall be disclosed to City, and in the finandal reports submitted to City. In such event, City's rights to inspect records, and obtain finandal data shall extend to such Related Party Entity or entities. Contracting or Subcontracting Company shall not engage any contractors or subcontractors for Collection or Disposal of Solid Waste without the prior written consent of City. Binding on Assig-ns The provisions of this Agreement shall inure to the benefit to and be binding on the permitted assigns of the parties. Transition to Next Company If the transition of services to another company occurs through expiration of term, default and termination, or otherwise, Company will cooperate with City and subsequent company(ies) to assist in an orderly transition which will include Company providing route lists and billing information. Subject to Section 4.4.3.2, Company will not be obliged to sell Collection vehicles, bins and Containers to the next company. Depending on Company's drcumstances at the point of transition, Company at its option may enter into negotiations with the next company to sell (in part or all) Collection vehicles, bins and Containers. -85- Iune 13, 1995 12.10 Parties in Interest Nothing in this Agreement, whether express or implied, is intended to confer any rights on any Persons other than the parties to it and their representatives, successors and permitted assigns. 12.11 Waiver The waiver by either party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach of viplation of the same or any other provision. The subsequent acceptance by either party of any moneys which become due hereunder shall not be deemed to be a waiver of any pre-existing or concurrent breach or violation by the other party of any provision of this Agreement. 12.12 12.13 Company's Investigation Company has made an independent investigation (satisfactory to it) of the conditions and drcumstances surrounding the Agreement and the work to be performed by it. Condemnation City fully reserves the rights to acquire Company's property utilized in the performance of this Agreement, by purchase or through the exercise of the right of emirtent domain. This provision is additive, and not intended to alter the rights of the parties set forth in Article 10. 12.14 Notice All notices, demands, requests, proposals, approvals, consents and other communications which this Agreement requires, authorizes or contemplates shall be in writing and shall either be personally delivered to a representative of the parties at the address below or be deposited in the United States mail, first class postage prepaid, addressed as follows: If to City: Assistant City Manager/Administrative Services Director City of Dublin 100 Civic Plaza Dublin, California 94568 -86- June 13, 1995 If to Company: Division President and General Manager Livermore Dublin Disposal 6175 Southfront Road Livermore, CA 94550 The address to which communications may be delivered may be changed from time to time by a written notice given in accordance with this Section. Notice shall be deemed given on the day it is Personally delivered or, if mailed, three days from the date it is deposited in the mail. 12.15 Representatives of the Parties References in this Agreement to the "City" shall mean the City Council and all actions to be taken by City shall be taken by the City Council except as provided below. The City Council may delegate, in writing, authority to the Assistant City Manager, and/or to other City employees and may permit such employees, in turn, to delegate in writing some or all of such authority-to subordinate employees. Company may rely upon actions taken by such delegates if they are within the scope of the authority properly delegated to them. Company shall, by the effective date, designate in writing a responsible officer who shall serve as the representative of Company in all matters related to the Agreement and shall inform City in writing of such designation and of any limitations upon his or her authority to bind Company. City may rely upon action taken by such designated representative as actions of Company unless they are outside the scope of the authority delegated to him/her by Company as communicated to City. 12.16 City Free to Negotiate with Third Parties City may investigate all options for the Collection and Disposal of Solid Waste after the expiration of the Term. Without limiting the generality of the foregoing, City may solidt proposals from Company and from third parties for the provision of Collection services, Disposal services, Recycling services, Green Waste Collection and processing, and any combination thereof, and may negotiate and execute agreements for such services which will take effect upon the expiration or earlier termination under Section 11.1 of this Agreement. -87- June 13, 1995 12.17 Compliance with Municipal Code Company shall comply with those provisions of the munidpal code of City which are applicable, and with any and all amendments to such applicable provisions during the term of this Agreement. 12.18 Lease of Equipment and Facilities Company agrees not to enter into leases or the purchase of significant new vehicles and new facilities that affect the calculation of Company Compensation in accordance with Section 6.8 without the advance, written approval of City. 12.19 Privacy Company shall strictly observe and protect the fights of privacy of customers. Information identifying individual customers or the composition or contents of a customer's waste stream shall not be revealed to any Person, governmental unit, private agency, or company, unless upon the authority of a court of law, by statute, or upon valid authorization of the customer. This provision shall not be construed to preclude Company from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream .analyses which may be requLred by AB 939. 12.20 Ea~y Termination of Obligations under Current Agreement Neither Company nor its affiliates shall be obligated to provide any services pursuant to the current franchise agreements as of December 31, 1995. This Agreement shall be deemed to be an amendment to the current franchise agreements for the purposes of terminating the obligation to provide services pursuant to those agreements. -88- June 13, 1995 ARTICLE 13 MISCELLANEOUS AGREEMENTS 13.1 Entire Agreement This Agreement, including the Exhibits, represents the full and entire Agreement between the parties with respect to the matters covered herein. 13.2 Section Headings The article headings and section headings in this Agreement are for convenience of reference only and are not intended to be used in the construction of this Agreement nor to alter or affect any of its provisions. 13.3 References to Laws and Other Agreements All references in this Agreement to laws shall be understood to include such laws as they may .be subsequently amended or recodified, unless otherwise specifically provided. This Agreement supersedes any and all agreements heretofore entered into by the parties and City. 13.4 Interpretation This Agreement, including the exhibits attached hereto, shall be interpreted and construed reasonably and neither for nor against either party, regardless of the degree to which either party participated in its drafting. 13.5 Agreement. This Agreement may not be modified or amended in any respect except by a writing signed by the parties. 13.6 Severability If any non-material provision of this Agreement is for any reason deemed to be invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement which shall be enforced as if such invalid or unenforceable provision had not been contained herein. -89- June 13, 1995 ~3.7 Exhibits Each of Exhibits identified as Exhibit "1" through "9" is attached hereto and incorporated herein and made a part hereof by this reference. IN WITNESS WHEREOF, City and Company have executed this Agreement as of the day and year first above written. ATTEST: SECRETARY CITY OF DUBLIN (' 'City' ') By By CITY APPROVED AS TO FORM: the City Attorney ("COMPANY") By: Name: Kevin Walbridge Title: President By: Name: Dan Borges Title: Division President and General Manager Livermore Dublin Disposal -90- June 13, 1995 EXHIBIT 1 COMPANY'S PROPOSAL June 13, 1995 A Waste Management Company CITY OF DUBLIN IMPLEMENTATION SCHEDULE (CONTINUED) FOR ENHANCED AND NEW SERVICES September 11, 1995 Start new recycling services October 1, 1995 Develop new service/information notes for garbage and greenwaste services November 1, 1995 E3egin Key Community Leaders Bde~ngs and Community Presentation for new garbage and greenwaste Mail introduction brochure for garbage and greenwaste service December 1, 1995 December 26, 1995 to January 6, 1995 · Mail How-To-Brochure for garbage, greenwaste and recycling · Begin showing How-To-Video on local cable TV · Set up displays at City Hall and Shannon Center for new garbage and greenwaste services · Deliver garbage and greenwaste carts (How-To-Brochure included with cart) January1,1996 · Reply cards for questions anc~ comments included in billing How-To-Brochure included in billing January 5, 1996 · Kick-Off Celebration at City Hall Janua~ 8,1996 · Begin automated garbage and greenwaste coJlection A Waste Management Company June 13, 1995 CITY OF DUBLIN IMPLEMENTATION SCHEDULE FOR ENHANCED AND NEW SERVICES Dublin City Council Approve Contract June 14, 1995 Order carts and equipment Begin development of How-To-Brochures for enhanced curbside recycling services July 1, 1995 August1,1995 Develop new service/information notes for curbside recycling Begin Key Community Leaders Briefings and Community presentations for curbside recycling ' Set up displays at City Hail and Shannon Center for enhanced curbside recycling. August 21, 1995 · Mail How-TO-BrochUres for enhanced recycling services September 1,1995 · Billing inser~ for enhanced recycling services · Reply cards for questions and comments. included in billing · Begin development of How-To-Video for garbage and greenwaste S~ptember 5, 1995 · Distribute How-To-Brochures for enhanced recycling services to Dublin Schools Livermore Dublin Disposal 6175 South Front Road Livermore, California 94550 5101447-1300 ~AX 5101447-7144 A Waste Management Company March 1, 1995 Mr. Paul S. Rankin Assistant City Manager City of Dublin 100 Civic Plaza Dublin, California 94568 Dear Mr. Rankin: This proposal is being submitted to the City of Dublin by Livermore Dublin Disposal, a Division of Waste Management of Alameda County. Livermore DUblin Disposal is pleased to offer the state of the art garbage collection that the City of Dublin has determined is necessary to meet its solid waste planning goals. Livermore Dublin Disposal has been providing solid waste services to the residents and businesses in Dublin for many years, and we are proud to consider ourselves a part of the community. We very much look forward to the opportunity to build on the long track record of excellent service we are proud to have developed in Dublin. We are confident that the elements of the following proposal amount to nothing less than a state of the art approach to recycling, solid waste collection and disposal. If you have any questions that we can answer prior to our first meeting which is scheduled for March 20, 1995 at 9:00 a.m. at the Dublin City offices please call. We appreciate the opportunity to respond to your RFP, and we look forward to working together to fulfill the goals and objectives of the City of Dublin. Sincerely, Dan Borges Division President and General Manager A division of Waste Management of Alameda County Executive Summary of Contents Company Description:.,..;.: ....L.;..2 ...........................:.·...: ....: ......... ......2.- ..........,...... l: overview '..."...:.; ..........: ......L2;:...:..'. ....: ....: ............:: ......2...;L. .........'...: ........' ...........: ......1 · 'Details of Ownership of Company ....... . ........: ...........;..;L .....; ..............~ ......................1 .' Description 'of the Company's Experience ....... ....,: .......i ....r""': .....: ..................; ........2 Description of the 'Company's .Service Initiation Experience ...............................24 · Information Regarding. Pending Litigation .............. ~ ....; ..........: .....~ .......................26. · Financial Information.;., ....,.., ......; ........2.. .....'..~ ......................, ......L ..............· ......~ .....28 Key Personnel ..... . .........~ .....2.:~ ......................... ................................~.: .............j ........29 Technical Proposal ....:..L.,, ....- .......'....2 .............., .......~ .....: ........., ....~ ........, ..........~ ......3~ Refuse Services ..; ..........;..; ..................:...2..~ ............. .......; ...........................~ .............31 Recycling Collection, ProCessing andMarketing .... 2. ....., ..........................i,..L... .....37 Green Waste Collection: Procegsing and Marketing ...........................................,. 39 General Requirements ..; ............'..:.'. ...........; .........~ ................ .........' ......"....; ............ 40 Imple. mentation Plan ..... ~ .......................................................; .........2..~ ....~ ....; .......;..: 44 Customer Service / Billing .......- .....' .....2.' ..........................~ .......- ..................~ ...."..L ....51 Environmental C'omponent ........... i...~.~L .....;2 ..........., ......2. ......~ .........2 ........; .......; ....52 Financial propo~a!. · BuSiness Terms' · Appendices ~/-Livermore Dublin Disposal Proposal I. PROPOSAL SUMMARY Like many municipalities within the state of California, the city of Dublin is about to embark on a new era of solid waste management. Through a state-of-the-art re- cycling, trash collection and disposal system, Livermore Dublin Disposal (LDD) is offering a transition to an inte- grated program with the minimum possible disruption to the Dublin communities. The proposed program will en- able every Dublin resident to actively contribute toward the environmental and economic well being of their City. The challenge to California cities of providing a comprehensive collection and diversion system has dramatically increased in just a few years. Environmental awareness and advances in technology have driven environmental service companies and municipalities to work together toward improving the quality of life and making our communities a better place in which to live and work. To that end, we offer the following resources: Proven Experience Livermore Dublin Disposal (LDD), a division of Waste Management of Alameda County (WMAC), has provided service to the City of Dublin for many years and is proud to be a member of this community. Our knowledge of the community, the commitment to quality customer service and advanced technological resources combine to provide a program designed to meet the challenge of an integrated system that is cost effective and environmentally sensi- tive. Enhancing the current program with new services entails many challenges, quality service, public education, and maximizing diversion rates. Our experience within the City and the fact that we will utilize the existing drivers and other personnel, assures a smooth transition to the new program. Those highly skilled drivers along with our supervisors and management team, are committed toward assisting Dublin in reaching its goals by providing the specific services requested in the RFP. State-of-the-An Automated Collection and Increased Recycling Residential Service Livermore Dublin Disposal is offering both manual backyard and fully automated collection service for residents. As per the terms of the RFP, manual backyard collection will be available under Option A, and fully automated collection under Option B. LDD's unique fully automated system offers both increased collection efficiency, and "state-of-the-art" flexibility. Under Option B, we propose the use of a single-pass, fully automated collection vehicle which will minimize truck traffic on Dublin streets. Recycling services will be provided as per the terms of the RFP to all'residential customers on the same day as garbage collection. The residential program offers a completecollection system aimed at reach- ing the goals established by AB 939 and ease for residential participation. Diverse Commercial Programs Commercial and industrial customers will continue to receive the highly dependable collection service which they are ac- customed to under the current contract with LDD. With the continuation of this service, Dublin business would experi- ence no disruption in their current service. Comprehensive commercial recycling would be available to all City of Dublin businesses. Through a wide network of end market buyers, LDD is able to collect and recycle an extremely wide range of materials. If the City elects to have LDD provide commercial recycling, LDD will use split refuse containers for customers with space limitations. Yard Waste Solutions LDD is particularly pleased to offer yard waste collec- tion services in light of other successful Waste Man- agement, Inc. programs now in place. Programs in communities such as Livermore, and other communi- ties across Alameda, Conira Costa and Sonoma Coun- ties have added to our knowledge of local conditions and improved our technology for yard waste collec- tion. The integration of collection systems with processing and end use of the resulting material ensure maximum diversion and the "highest and best" use of this or- ganic material. To maximize credit under AB 939, LDD will work to assure that 100% of the green waste collected through this program be counted as diver- sion under the letter of the law. Bulkv Item Collection A wide range of materials will be diverted from the waste stream & reused as a result of this program. This on call service will result in the reuse and proper disposal of hundreds of items which can other- wise cause a blight to the community. Livermore Dublin Disposal enjoys an established relationship with the Appliance Recycling Center of America to recycle white goods. Other goods, can be pro- cessed by recycling centers which WMAC regularly supplies. In support of the City's stated objective these programs and others such as the Reuse Center at the Davis Street Station for Material Recycling and Transfer will be utilized to maximize diversion of these materials. Annual Clean-ups Annual clean-ups are a critical element of our overall program to keep the City of Dublin looking great. We have been providing this service for many years, and have a thorough knowledge of the most efficient way to go. Customer Service. Public Education and Community Involvement Along with this new era in solid waste management practices, the need for quality customer service and public education has become increasingly im- portant. LDD's unique knowledge of the community provides the basis for a comprehensive public education prog.ram that reaches every Dublin citizen. Creative, colorful brochures and interactive programs are just the beginning of this far reaching effort toward establishing Dublin as a state-wide model. LDD has already provided a lesson plan on environ- mental issues to the Dublin Unified School District which is in place today! Another program includes highly developed themes aimed at educating youth about these issues through Cycler, the environmen- tal robot. This fully functional, high-tech robot delivers the recycling message in a uniquely appealing way. In fact, Cycler was featured the annual St. Patrick' s Day Parade in Dublin. Waste Management People The involvement of our people is vital to the success of the program. Our success as a com- pany, in fact, is due to the sense of pride and personal commitment to quality service which our people bring to the job each day. This pro- posal defines our commitment to the City of Dublin. We accept the responsibility of mea- suring up to and exceeding the highest standards for a state-of-the-art program, and we look for- ward to embarking on this new venture with the City and to provide high quality service to Dublin residents. -1- Comp any Des c rip tio n i) O~,rERVIE~¥ The' legal entity which would enter into the A~eement is g, raste Management bfAlameda · Couni-y (WMAC) Of which Livermore Dublin Disposal is a Division, Waste Managez~ent of' Alameda County is a California corporati6n,' which was incorporated in '1920. '.. ii) DETAILS OF OWNERSHIP OF COMPANY The parent corporal. ion of Waste Management of Alameda COunty is Waste Management,· · Inc., a part of:WMX Technolo~es, Inc. (\VMX). The Division President and General Manager of Livermore Dublin Disposal; Dan Borges, r. eports to the Pi'esident of WMAC, Kevin Walbridge, who-in turn reports to the Group President, Jim Teter. Standard polici'es and procedures are issued by Corporate · Management, Covering the following areas: administration, operations, contract administi'ation, humari resources- ~finance, corporate and public affairs, and legal, The local Division President is r. esponsible for ensuring that all Corporate Policies and Directires are being followed, and he is provided'~maidance as necessary through the President of The business address for Waste Management of Alameda Count),, a division of Waste . Management Inc., is as follows: .. Keyin Walbridge,' President Waste Management of Alameda CounD% Inc.. 172 98th Avenue Oakland, California 94603 The business address .for Livermore Dublin Diiposal is: · Dan Borges, Division Presidel-it and General Manager 6175 South Front Road Livermore, California 94550 The officers of Waste Management, Inc. are as follows: Dean L. Buntrock, Chairman' of the Board and Chief Executive Officer Phillip B- Rooney, President and ~hief Opera.ting Officer " J. Steven Bergerson, Senior Vice President - Law ahd Compliance James E.. Koenig, Senior Vice President - Chief Financial Officer & Treasurer Livermore Ddblin Disposal . PropOsal -2- Joan Z. Bernstein, Vice President - Ethics and Envii-onmental R~lations ' William Y. Brbwn, Vi~e President - Environmental Planning and Programs Herbert A. Getz, Vice President - General Counsel and SeCretary ' Thomas C. Hau, Vice President and ContrOller H. Vaughn Hooks, Vice President - Tax Ronald M. Jericho, Vice President - Reporting Frank B. Moore, Vice President - Government Affairs . Susan C. Nustra, Vic~ President - Treasurer William J.. Plunkett, l/jce PreMdent - Communications Bruce D. Tobecksen, Vice President - Finance ' Donald A. Wall~en, Iqce President - Chief Environmental Officer Jane G. Witheridge, l;ice President - Strategic Planning* Thomas A. W!tt, Vice President - Associate General Counsel Linda R. Wine, Vice ?resilient - Associate General Counsel. WMX Technologies, Inc. is 100% ov,.,ner of V~Taste 'Management, Inc. The business address&s of x,VMX-Technologies, Inc. and Waste Management, Inc. are 3003 Butterfleld Road; Oak Brook, Illinois 60521. iii) DESCRIPTION OF CO/~I'Pfi2qY EXPERIENCE Waste Management, Inc. is the nation's leading provider of comprehensive environmental services including i'esidential, commercial and industrial solid waste services. Waste Management; Inc. is the parent company of the bidding firm Waste Management of Alameda County, Inc. Organizational & Environmental Sen, ices Oven,iew The WMX Technologies, Inc. family of companies includes five subsidiaries: * Waste Management, inc. · .Wheelabrator Technoologies, Inc. · Chemical Waste Management, Inc. · .Waste Management International · RUST Intematio'nal, Inc. Together, WMX operating groups employ more than 72i650 people working to provide a seamless array of environmental services. Each operating group is the industry's premier provider of its respective services.' -. Proposal Livermore Dublin Disposal - -3- WaSte Management, Inc~ (WMI) Waste Management, Inc. was incorporated in 1971 and currently consists of nine operating ~oupS: Florida, Mid-Atlantic, Mideast, Midwest, .Mountain,. No .Fgheast, Southeast,. Southwest and West. WMI is the nation's leading provider of solid waste services and 'WMI ~oups currently em~loy approximately 32,000 people. Waste Management,. InC. is the most comprehensive provid~r of soiid waste:services in: North America.' WMI is dedicated primarily to the collection, transfer, processing and disposal .of residentials municipal, institutional, commercial and industrial solid waste ahd - recycling. " · ~ provide~ solid waste collection serVices to more than 1,900 municipalities ir~ North · America and provides its services to more than 12 million residential and commercial customers. Yhe Company operates more than 130 solid waste landfills in the U.S! and . Canada and has-others in development. The Company's 30 landfill gas recovery ahd gas-to- electric systems produce energy that saves 1.93 million barrels of oil each year. WMI also operates a network of solid aste handling facilities including more than 100 h'ansfer stations and more than 125 materials x:ecovery facilities in North America. Waste Management's Recycle America® and Recycle' Canada® recycling services offer curbside recycling to. nearly 6 million homes in over 750 communities. In 1993, these pro~ams collected and processed more than 2 million tons ofrecyc!ables. . x, VMI Services Waste Management's WMI Services division provides local govermnents,.special events planners, property management and commercial and industrial customers with a wide range.' of related services including: portable sanitation~ portable structures, locked storage conmi.'hers, temporary fencing, power poles, refuse chutes, safety barricades and contract mechanical and vacuum sweeping. ScaffOlding, towers and portable bleachers are provided to many of.these same customers by The Brand Companies, Inc. ' Waste Management's WMI MediCal Services operates 11 regional medical waste tream'xent facilities in the U.S. Customers include hospitals,-clinics, medical and dental offices and other health care proriders in.35 states, and has also entered the specialized home health car6 market.' Thi'ough a marketing .~liation with the Baxter Healthcare Corporation, it offers hospitals environmental audit services and coUnsels these institutions on waste reduction and dompliance 'with emerging waste regulations. V, rheelabrator Technologies Inc. iS a multifaceted environmental services company and is · 56-percent owned by .WMX Technologies, Inc. It is the nation's leading developer and operator of trash-tO-energy and co-generation .facilities, withl 4 trash-to-energy facilities in the U.S., and a leader in environmental engineering and air pollution Control sys. te. ms for Livermore DUblin Disposal Proposal '. industrial and utility applications, The Company employs more than 3,600. people. Wheelabrator also provides composting systems and a range of water and wastewater treatment se.rvices including sludge management. .. \Vheelabrator's core business has been conversion of mUnicipal trash and other waste fuels into energ-y. Today, Wheelabrator facilities derive 700 megawatts of electric generating capaci. ty from waste resources serving the trash disposal needs of more than 400 American communities and generating enough electricity to annually displace 'millions of barrels of oil. Wheelabrator Clean. W. ater pioneered the privatization of wastexvater treatment plants and today is the leading operator of municilSal Wastewater treatment facilities in the U.S. Wheelabrator's technologies keep it-at the .forefront of water quality prote'ction in the U.S. g, rheelabrat. or subsidiaries, International PrOcessing Systems (IPS) and BioGro provide solutions to sludge management and composting as well as comprehensive marketing services for processed sludge and compost. Wheelabrator Clean Air is.a le.ading supplier to utilities and industry of systems that clean plant emissions. The Company designs and installs state-of-the-art systems that have achieved industry-Io~i, emission levels. Chemical Waste Managemen_t, IncL is the nation's largest provider of comprehensive hazardous waste services and iS a 78-percent-ow'ned subsidiary of WMX Technologies, Inc. Chemical Waste Management employs approximately 5,000 people and operates about 20. treatment, storage and disposal facilities.. Chem-Nuclear Systems, a subsidiary of Chemical Waste Management~ provides low-level' radioactive wastes services. Since 1971, CNSI has operated the only lov,;-level radioactive waste disposal facility east of. the Mississippi River in Barnwell, South Carolina. The Company currently holds three regional contracts comprising 14 states for similar work to be sited in Illinois, North Carolina and Pennsylvania.. RUST International Inc. is a l~ading environmental engineering, construction, infrastructure and 'consulting finn. RUST is 56 percent-owned by Chemical Waste .. Management and 40 percent-owned by Wheelabrator TechnologieS. The Company provides its sen,ices through six business areas: RUST Engineerin, g, RUST Construction Services;. RUST Remedial ServiceS, RUST Environment and Infi'astrucmre, RUST Industrial Services and RUST Limited. RUST is the largest-remedial contractor in the U.S. and has completed more than 10,000 projects during the past decade. RUST is also the fifth largest environmental consulting, infrastructure and desigm/constmct fn-rn in the country. In addition,' RUST provides industrial customers with scaffolding serVices, industrial cleaning and maintenance as well as. specialty nuclear services and marine services. Waste Management International ple .is the-leading international providei' of . environmental services, providing virtually all of the Company's 'services outside 'of North America. The Company employs approximately 14,940 people. Waste Management Proposal Livermore Dublin Disposal -5- International provides diversified erivironmental services in. about 20 countries overseas. Waste Management International plc's stock is ti:aded ~eparately and is 56% owned by Waste Management, Inc., 12 percent owned by'both Chdmical Waste Management and Wheelabrator Technologies Inc. and 20 percent owned by public stoc'kholders. By mid-year 1993, Wast~ Management International plc was providing services in Argentina, Australia, Denmirk, Finland; Fran&e, Germany, Italy, The Nethdlands, New Zeiland, Spain, Sweden, S'audi Arabia, Hong Kong, l. ndonesia, Brunei, United Kingdom and Venezuela." Joint Ventures One Of th~ Company's top public policy programs is the development 6f viable marketS for collected retyclables,' Waste Management is Working to advance and create markets for collected recyc. lables tO ensure that recycling remains ecbnomically viable, Waste Management has testified before Confess to encourage nation,vide recycling legislation and supports measures ai the state'and federal levels to stimulate markets for recycled materialsL A crucial element of recycling ~rrograrns is the development of sustainable end marketS.. for recycled materials. The rapid growth of collection sen, ices and processing facilities has not yet been matched by deyelopment of markets for collected materials. Without a market for the recyclable material, it is not possible to successfully recXcle. Waste Management is actively addressing this challenge. Through joint ventures with users of recycled materials, the Company .has helped provide proce.ssing and brokering capability for recyclableproducts. In addition,'the Company procures recycled products for internal use, conducts research tO improve the efficiencyOf recycling collection and processing sy.stems, conducts educational campaigns and supports measures at the state and federal ' level in an effort-to stimulate markets for recycled materials. - WMI has launched two operational joint ventures ivhich. provide end markets for millions of tons of paper, glass, tin and cardboard. In addition, WMI has developed .a .Market Initiative to 'coordinate research and seek improvements in the efficiency of collection and processing systems. Stone/Waste Management Paper Recycling -' In 1990, W'MNA and Stone Container Corporation.established a joint paper ' recycling venture..WMI supplies the new company with paper fiber collected by its Recycle America® and Recycle Canada® programs, Stone Container purchases all"of its redycled fiber needs thrtUgh. the new company and brovides international end markets for the recyclable material. The Stone/Waste Management Paper Recycling joint venture is a marketing enterprisd specializing in providing outlets for recycled corrugated containers, paperboard, grocery bags, cardboard, newsprint and other paper fibers. Livemore Dublin Disposal Proposal . Waste 1. :Container Recycling AllianCe (CRA) In 1990, WMI and American National Can Company established a joint venture 'creating the nation's most comprehensive progam to recycle all t~es ofmetat and g!ass containers. Waste Management will supply the recovered metal and glass containers r~covered through its Recycle America® curbside progains. CRA accepts aluminum, steel and bimetal cans, glass bottles and jdrs of all colors. The diverted materials are then used to form new containers.. Management s Experience. Residential Waste Collection At year-end 1992, WlvlI groups provided residential solid waste collection sen,ice to 12 million single family households in the United States and Canada.. Most of these were served under terms of more than 1,750 municipal solid xvaste collection contracts or franchise a~eements. Other domestic local municipalities sen,icdd by WMI collection contracts include: CiD~ of Fresno In 1990, Waste Management was awarded an eight (8) year contract by the City of Fresno to provide all of the City s 350,000 residential customers with weekly curbside recycling sen, ice. In order to service this contract, Waste Management constructed a 30,000 square foot Materials Recycling Facility, and in February of 1991 began collecting and sorting newspaper, aluminum and metal cans, glass containers, and some pl.astics. In 1994, additional materials were added to the collection pro~am to include aseptic milk and juice containers and used motor oii. Conti:ct Ms. Patricia Tierce, Cityof Fresno, at (209) 498-4082for more information on the City of Fresno contract. Fresno Unified School District Iri 1993, Waste Management was awarded a tliree (3) year contract by the Fresno Unified School District 'to colle~t and recycle aseptic juice cartons, aluminum lunch trays,' and caraboard to. approximately 90 schools and office facilities.. In August of 1994, Waste Management was awarded an additional three (3) year contract to provide solid waste collection services to approximately 90 schools .and office facilities. Contact Ms. ~Lyn .Peters, Fresno Unified School District at (209) 44]-6935for more information on these contracts. Proposal- /~ Livermore Dublin DislSosal Alameda County jurisdictions Waste Management has been providing residential solid waste collection se~ices to jurisdictions' in Alameda County since 1920. These jurisdictions include Alameda, Albany, Castro Valley Sanitary District, Emeryville, Ha.Bvard, Livennore, Newark, Oro Loma Sanitary District, Piedmont, and Union City... .. Contact for information regarding some of WMAC's programs in Alameda County, contact; Lee Horn~r, City Manager, City of Livermo~:e at 510/3 73-5J O0 or; AI Huezo, Assistant City Manager, City of Newark at 5] 0/790- 720]. Other domestic municipalities serviced. b~, WMI coliectibn contracts include: BatonRouge, Louisiana '. The Baton' Rouge City Council voted on August 29, 1990, to award a six:year contract for residential waste collection and recycling to Waste Management of Baton Rouge. In January ·1991, Waste Management of Baton Rouge ·completed a 96-day mobilization and began tv~4ce-weekly residential waste collection and once-a-week curbside recycling services t0 110,000 households. The contract also called for the construction and operation of a 150-ton-per-day materials recycling facility, and for the processing and marketing of aluminum, bimetal cans, plastics .and paper fibers. Waste Management of Baton Rouge was given 96 days--from award of contract to start of service--to mobilize a fleet of 36 refuse truc'ks, 18 recycling vehicles and support equipment, refurbish an operations center to house the residential .waste collection 'operation, recruit a 150-member wor'kforce, and construct the 42,000- square-foot recycl!ng center. At the time of contract award,'. Waste Management of Baton Rouge was serving several thousand commercial and industrial customers in and around the Gulf Coast community and 31,000 residential Customers in surro..unding communities. Contact BatOn Rouge Mayor, Ed McHugh at (504) 387-3 ] OO for more info~'mation · on the Baton Rouge coniract. Seattle, Washin~on In 1990, WMI and the City of Seattle entered ihto an ageement for the transportatio.n and disposal of the City's non-r. ecycled solid waste. As part of a historic ageem. ent with Seattle, Waste Management will haul the .City's waste by rail until 2028. Seattle's waste is transported by rail to Waste Management's Columbia Ridge Livemore Dublin Disposal, Proposal.. Landfill in Gilliam County, Oregon. The train leaves Seattle three times every xveek, carrying approximately' 100 containers and traveling about 325 miles· from Seattle to the Columbia Ridge Landfill.. This program i~ an e. xample of progressive leadership in solid xvaste disposal and recycling. ContaCt Waste M'anagement Special Projects Manager Greg Forge at (206) 822r 3 770 or Ed Steyh,' contract enforcement manager, Seattle Solid Waste OWlit), at (206) 684-7666for more information on the Seattle contract. Ft. Worth, Texas In. May 1992 Waste Management of Fort Worth was awarded a five-year contract to provide residential collection services to 107,000 homes, .80 percent of Fort Worth's residences. The contract also awarded the Company a curbside recycling contract for 131,000 homes, 100 percent of the City's residences. Forty collection and recycling vehicles proyide residence with collection services twice a week. The program .began October 1, 1992. .PreviOusly, the Company provided collection services to about 20 percent of FOrt Worth's homes. Another. vendor served 20 percent and the City itself handled about 60 percent of the tiomes. The Fort WOrth program is the largest mandatory recycling and collection contract yet to be implemented by a 'mUnicipality in the South and one of the largest in the nation. Contact Tom Davis, Director of City Sen,ices, 'City of Fort Worth at (817) 871-6300 for more information on the Ft. Worth contract. Broward CoUnt3', Florida .. Waste Management'i Southern Sanitation and Southern Sanitation Southeast operating divisions in Pompan0 Beach, Florida, dispatcfi a total of 29 residential. collection vehicles daily to provide twice-weekly collection to 139,700 .households under terms of 17 individual contiacts with 14 cities and one county governmental unit in the greater Ft. Lauderdale community. Commercial and industrial solid waste collection services, some of these in accord with governmental franchise agreements, are provided to 8,300' commercial and industrial customers in many of the same communities. The two divisions dispatch 40 front-loading and one rear-loading Commercial vehicles plus 14 roll-off container macks each day. Contact Bob Henderson, Director of Integrated Solid Waste Management, B~'oward County at (305) 970-0166for mor~ information about the Broward County contract. Proposal /~ Livermore Dublin Disposal -9- New Orleans, Louisiana In metropolitan New Orleans, Louisiana, ·Waste Management's local residential collection companies, American Waste and Pollution Control-Residential and Waste Management of St. Tammany, are .currently providing collection service to more than 280,500 single-family households under terms of fiVe contracts with the City of New Orleans and individual contracts w~th nearby St. Bernard Parish and St. Charles Parish. A total of 42 rear-loading collection vehicles are dispatchei:l daily from three operating centers. The Company has served the Algiers section of New Orleans since Jhly 1, 1977, and the New Orleani-East contract area'since:June '1, 1979. Contracts for the .remainin~d' disLricts of New Orleans were awarded to Waste Man.a~ernent in late ' 1986, with the City estimating annual savings of $3,000,000 when compared to costs of municipal collection. -' .. , Contact Kim Jacquilliard at ~VM' of New Orleans at (504) 949:3333 for more information about the New O?;leans contract. Dearborn, Michigan Waste Management of Michigan Detroit - West pi'ovides 32,000 households in ihe City of DearboG, Michigan with curbside collection of solid waste, commingled reeyclables and yard waste. Ten collection vehicles and seven recycling.vehicles provide weekly services through a five-year contract awarded in 1990. For' more information on the Dearborn contract contact Mr. Kurt A. G..iberson, Director, City of Dearborn - DPPV (313) 943-2075. Commercial Waste Collection ' ' WMI also provides containerized storage and collection service to nearly. 1 million North AmeriCan commdrCial, industrial and institutional customers. A large number of the Company's 14,000 colldction vehicles ai well as its 1,240,000 speciali.zed containers (ranging from 1.-lo-50 cubic yards capacity) and, 16,000 stationary compactor systems are dedicated to commercial collectioh. Customers range from comer ~ocery stor~s and service stations to major ~eel' mill's and automotive. assembly plants. Some of this nation's major corporations are included on our service rolls, including American NatiOnal Can, Baxter Healthcare COrporation, BASF, Du Pont, Ford Motor C0mpan)i, Xerox, IBM, Honeywell, Inc., .Sears, Mobil Corporation, McDonald's and others. '- In each instance, storage and collection systems are chrefully matched to individual customer needs and waste characteristics. Smaller containers and rear-loading Livermore Dublin Disposal . PropOsM -10- vehicles are deployed for retail establishments, multiple-family residences, and smaller office complexes, where overhead utilities, narrow alleyways and limited parking areas would restrict' larger containers or semi-automated collection ~:ehicles. Front-loading vehicles capable of lifting and emptying small and medium sized containers with' the driver never leaving the vehicle are used in-modern shopping ' centers, industriil parks and abartment .'complexes. Smaller stationary compaCti0n sysiems can be employed with either rear-loading or front-loading containers' for generators of large volumes of' light or fluffy ~vastes--increasing storage capacity and reducing collection. frequencies. These closed compaction systems are also valuable in controlling seepage, and vermin for grocery stores, food service' outlets and produce dealers. Special "load lugger" vehicles capable of lifting medium sized (6-to-15 cubic yard) containers of sludges and semi-liquid wastes, or concentrations-of dense, heax2~' wastes are also used in special applications. -These vehicles lift the container in a level attitude from ground level to the track bed, reducing spillage associated with the lairger roll-off or tiltrframe industrial vehicles. Roll-off or tilt-frame '~:ehicles sen'ice large Open or closed containers for high volume waste generators. These vehicles.deliver, remove and replace containers ranging from 15 cubic yard to 50 cubic yard capacity. Open top roll-off containers are ideally suited to the construciion and demolition industries and to distribution centers, p.rhters, packaging and furniture. manufacturers and industries generating high volumes of heavy non-putrescible wastes. Large closed containers and stationary compaction systems are ~mployed for generators of large quantities of low density wastes, for businesses requiring closed storage systems for health or safety reasons, and for industrial complexes where large collection vehicles cannot conveniently or safely neg6tiate a plant property to the individual point of waste generation..In the latter instance, smaller customer or contractor owned collection vehicles or conliner trains are employed to transport wastes to a centralized collection point.' Waste Management professionals are ideally suited to develop a waste containerization and collection system tailored to specific customer needs. Residential & Commercial Recycling Recycle America®/Recycle Canada® Succesiful residential curbside recycling programs require careful planning,. efficient implementation, effective marketing and professional management. Today, Recycle America® is the nation's leading and most successful recycling program for residential as.well as commercial customers. Proposal ~ Liven"note Dublin Disposal -11- In 1992, Whste Management iVas providing curbside residential recycling services to more than 5 million households in more-than 600 communities. Recycle Arnerica® and Recycle Canada® also dollected recyClables from more than 75,000: businesses..During 1992, Recycle America® processed 2 million tons' of material ' for recycling. Recycle ,imerica® curbside collection Sen, ices utilize sp'ecially designed vehicles and containers' to. collect specified materials placed at the curb by residents. · Materials recovered for recycling through these pro~ams usually include newspaper, glass, metals and plastics. Materials are taken to a company recycling -center foi- p/'ocessing and sale, or delivered to established secondary material processors. Recycle America®.'provides governments and residents of new..and existing Waste Management service communities with unique experience in design, pricing and delivery of curBside reCydling programs. One of the Company's top policy issues is working to establish and expand markets · for recycled materials now being recovered from the municipal waste stream. · . Today, the establishment of markets for collected recyclables is the biggest ch~lenge facing service proriders, government, consumers and minufacturers. W1ViI will continue to-do its part through offering recycling services to make recycling work effectively. To date the Company has: invested hundreds of millions of dollars in establishing an infrastructure for the collection, sorting and marketing of materials. Joined with major U'.S. companies to form recycling marketing allianc.es. · Worked With environmental' organizations to develop and.sponsor national educaiion pro~ams on recycling. · Provided testimony'in state and fe~leral debat'es regarding recycling legislation and labeling requirements.. ' ' · Actively participatdd with 18cat recycling advocacy ~oups and State-task forces to help shape recycling policies. Alameda COunty Waste Management is currently providing comprehensive Curb~ide recycling services to the majority of Alameda County residents. Curbside pro~ams are currently in place for Albany, Alameda, Emeryville, Hayward,' OakJafid. (~), Livermore and NeWark. In additio.n, WMAC is providing comprehen.sive' 'commercial recycling services through its Recycle America of Northern California Livermore Dublin Disposal Proposal -12- facility located in Oakland as well as our facility based recycling programs at both the Tri Cities R.ecycling and Disposal Facility and' the Davis Street Station for Mate.riiM Recycling and Transfer. Contact for information regarding some 'of I~4~fA C's programs in Alameda County, contact; Lee Horner, City Manager City of Livermore at 510/373-25100 or; AI Huezo, Assistant City Manager City of Newark'at .510/790-720J. Long Beach, California tn Xugust, 1992. Waste Management of California was awarded ii .seven-year contract for the collection, processing and. marketing of residential curbside recyclable materials for the city of Long Beach, California. The program, one of the largesi and most comprehensive curbside contracts in the nation, provides recycling services to approiimately 125,000 households. The progam became operational in December, · 1992 and collects not only the standard curbside recyclables of newspaper, aluminum cans and bottles, but also mixed plastics and corrugated cardboard.. Contact Rita Hooker, City of Long Beach at (31 O) 590-6001 for more information on 'the Long Beach contract. . Ft. Worth, Texas. Waste Management of Fort Worth was awarded a five-year contract by the City' of Fort Worth to provide all of the City's 131,000 residences with curbside collection of. recyclables. On October 1, 1992 Waste Management began to sort and collect recyclables including newspaper, aluminum and metal cans, glass containers and some plastics. ' This program is the l~gest .mandatory. recycling program yet to. be implemenied by a municipality in the South and one of the largest in'the nation. Waste Managemeht is also providing 80 percent of the City's residences with solid waste collection services. .' Waste Management has formed a new parmership With a black entrepreneur in which fifty-percent of the city's iecycling services will be performed by Resource Marketin. g, Inc. Waste Management is providing the assistance, trac'king, organizational structure and financing that this operation needs to-establish itself as a viable Disadvantaged Business Enterprise (DBE). It is the'C0mpany's commitment to involve more minority contractors in the expansion of its operations. Contact Tom Davis, Di~;ector of City Services, City of Ft. Worth at (817) 871-6300 for more information on the Ft. Worth contract. Proposal Livermore Dublin Disposal Seattle, Washin~on A total of 70,000 households in the northern half of Seattle participat~ in a curbside recycling propam providec~ by Waste Management of Seattle under terms of a 5-year ~ontract signed with the city in October; I987. 'Residents are provided with' color-coded containers for wee 'kly collection of glass, Steel, PET and HDPE bottles," newspali~rs, mixed waste paper and aluminum' cans for recyc!ihg.. Service began in February, 1988 with collected materials sorted and processed in a company- desig'ned recyclin. g center. For more. itiformation on the Seattle contract contact Ed Steyh, City of Seattle at (206) .684-7645. : .. " Other Sen'ices and Programs' Corn.mercial and industrial r~cycling and waste reduction'services, citizen drop-off .recycling centers, composting pro~ams, tire shredding, material recovery facilities (iX{RFs) and office recycling services have also been incorporated under the Recycle America® and-Recycle Canada® service bahner. In 1991, these pro~ams collected more than 1,800,000 tons of newspaper, corrugated board, steel, glass, aluminum, bimetal cans and plastics for recycling. Waste Manageme. nt. has specified use of recycled paper in production of letterhead, stationery and other printed and paper materials at its operating locations to aid in 'market development .for recyclable materials. Ninety-five percent of paper products pirchased centrally by Waste Management contained recycled materials. In addition to paper, emploS, ees also recycle aluminum. cans, newspaper, corrugated cardboard and laser.toner cartridges. The company has successfully reduced the waste stream at its corporate office through a reusabte coffee mug pr0_mam. In the employee cafeteria, china and flatware are used instead of disposable materials. Recycle America®/Recycle Canada® Material Recovery. FaCilities At year-end 19'92, Waste Management was .operating m~re than 100' rec½cling processing cen~ers across the United. States and Canada. Recycle America®/R~ecycle Canada® process centei-s include straight material recovery facilities, combination transfer station/recycling centers to sort both residential and commercial recycl.ables from collected. w. astes;~commercial baling facilities and buy-back centers; Product quality is the overriding concern in materials .recovery. Depending on available markets, Recycle America'® processing facilities handle newspaper, corrugated cardboard, mixed paper, aluminum cans, ferrous metals, gl,ass and plastic. Livermore Dublin Disposal . Proposal The following highlights some of Waste Management's ReCycling facilities, serving residehtial' and commercial customers in communities of all sizes. Philadelphia, Pennsyh'ania .. Waste Management began operations at The Forge; Inc. in 1985. The Forge, Inc. is a Pennsylvania Department of Enviro~mental .ResourCes permitted solid' waste transfer station handlihg 600 - 700 tons per day of municipal solid waste. The facility is capable of processing up to 4,000 tons of high ~ade paper, newspaper, corrugated cardboard, cornmingled glass, aluminum and metal 'cans and PET and HDPE plastic bottles every month. Residential customers'provide 65 percent of the daily load, while commercial sources provide the remainder. Contact Sy .Kasintz, Philadelphia Sanitation Services at (215) 686-5520for r~ore infor:mation on the Philadelphia contract. Richmond, Vir~nia Recycle America's Pdc.hmond Recycling' facility .is Virginia's most comprehensive processing facility. The Richmond Recycle America facility processes residential as well as commercial/industrial recyclables. Much of the materials are collected through the Central Virginia Waste Management's curbside recycling propam and more than 62,000 homes. The facility occupies 57,500 square feet and processes newspaper, office and computer printout paper, corrugated, foil paper, aluminum, tin, three colors of glass, HDPE and PET plastic. Contact Steve Chidsey, Director of Operations -- Central Virginia IzFaste Management Authority at (804) 359-8413for more information on the Richmond contract. Baton Rouge, Louisiana . A materials recovery facility capable of handling .up to 150 tons of recycldbles each day was opened by Waste Management of Baton Rouge. The facility processes more than 1,200 tons of ~commingled residential recyclables, including newspaper, glass, plastic, aluminum and tin cans from 150,000 households and 300 tons of commercial recyclables, inclu~ling cardboard and office paper. Contact Susan Hamilton, Baton Rougd Recycling Cbordinator at (504) 389-5194 for more information on the Baton Rouge contract. .. Livermore Dublin Disposal' Seattle, x, Vashin~on , The Recycle America regional facility operated by Waste Management of Seattle processes. more than 200 tons of materials each day, including recyc!ables' collected from 194,000 households.' The plant aiso handles commercial cardboard and mixed paper from area businesses. At.the Curbside, one bin contains mixed paper and the other contains'commingled glass, cans, PET and H3DPE bottles. A'third bin is for old newspaper.' The facilitX uses a ~ombination of mechanized and manual sorting techniques to separate glass, aluminum. cans, tin cans and PET and HDPE bottles2. Contact Ed Ste)h, City of Seattle at (206) 684- 7645for more information on the . Seattle contract. Commercial Waste Reduction and Recycling' Services Wast~ 'Management .and its Recycl'e America(g) program are also helping commercial and industrial customers nationwide reduce solid waste volume sent to landfills. 'This effort helps reduce customer waste collection and disposal costs and preserves valuable sanitary landfill capacity for non-recyclabtes. It also provides Waste Management with competitive advantage over companies dedicated exclusively to waste disposal. In 1991 the Company provided more than 40,000. commercial and industrial customers with waste reduction and recycling sendces. Yard ~raste and Composting Waste Management of Alameda County is' currently providing curbSide yard waste collection in the city. of Livermore and the Castro Valiey and Oro .Loma Sanitary Districts. These programs currently divert over 1000 tons of ~een waste each month. In addition, a comprehensive wood and yard waste diversion program is in pla6e at 'the Davis Street Station for Material Recycling and Transfer which diverts, processes and markets over 4000 tons of wood and green w~te eich month. The Tri Cities Recycling and Disposal facility also diverts' wood and ~,ard waste, with over 600 tons processed in the past ye.ar..' Waste Management operates many other yard waste diversion and process!ng pro~ams throughout the state of California. In addition to our lo~al pro~ams, many states are restricting 'the disposal of leaves, grass clippings, brush and other yard wastes from landfills in order to extend the life of such facilities..In response to recent state legislative· efforts; WMI' has initiated yard waste collection and composting services in several states including Washin~on, Iowa, Minnesota, North Carolina and New Yolk. More than 20 WMI facilities are currently composting yard waste. The yard waste programs have' diverted thousands of tons of yard waste from the residential waste' stream.: · Compost can be used as fertilizer or in a variety of other applicationS. · Livermore Dublin Disposa.l . · . Proposal Tire Shredding Services At year-end 1992, the company operated 15 tire shredders. The majority of these' · were high-volume, semi-portable units which can be moved from one location to another for stockpile cleanup or for periodically scheduled service to high volume industrial or municipal accounts in our many service communities. Projects have concentrated on stockpile cleanup, including major projects in Denyer,..Colorado; Port Everglades, Florida; Ba)~ort, Mankato, and Belle Plaine~ Minnesota; Milton Grove,. Penns~:lvania, and Campbellsport and Wausau, Wisconsin. Operations, other than stockpile remediationS, are generally situated at a Company- owned landfill where tires are easily transported for immediate processing. Unprocessed piles of waste tires are unsightly, pose a serious threat of uncontrolled fire, accumulate stagnant water and become a breeding ~0und for rodents, .insects and other vermin. If buried, un-shredded tires retain pockets of air and float to the surface. 'vVhatever the case, due to their hollow donut shape, unprocessed tires consume an inordinate mount of this nation's available waste disposal capacity. Shredding alone can produce a fivefold reduction in the space consumed by each of the estimated 200,000,000 tires discarded in the United States each year. 'Shredded tires are either sold to cemeht -kilns, paper companies and utilities as a fuel supplement, or used as interior drainage blankets and road base at landfills. As technolog-y advances and markets deve!op, increasing quantities of crumb rubber can be sold for paving, athletic field surfaces, railroad crossings, track bed liners. and irrigation piping. '.' : W'MI.Sen'ices Portable Sanitation, Portable Structm:es & Related Seri'ices Throuih WMI' Services,. the Company provides a variety' of urban services including portable sanitation units, moveable office structures, storage containers, temporary fencing, portable power poles and street sweeping sarvices. WMI Services are available in hundreds of U.S. markets through regional WMI service centers and local divisions. · .. WMI Se.rvices is designed to provide existing customers from the construction and property management industries with a single source for temporary services and structures, and to position Waste Management as a broad-line supplier to outdoor events, such as athletic and sporting Contests, air shows, fairs, festivals and other gatherings Where crowds demand management, structures and services too costly to install and maintain-for seasonal or occasional use. Proposal' ~ Livermore Dublin Disposal -17- 10. Most of these services, provided through existing operating divisions or through geographically located W1VII S.ervice Centers, offer'decided Convenience and savings to flew and existing customei's. V~rMi Medical Services- WMI Medical Services provides waste '~-eduction consulting, collection, t/eatment and disposal services to ,hospitals, clinics, laboratories, doctor.'s officers and other generators of medical wastes.. WMI Medical Sen, ices operates 11 redohal medical waste treatment facilities serying'thousands of customers in more than 30 states. These .~eatment facilities'accept off-sp6c .and outdated pharmaceuticals as well-as other related medical products. . ,. W'MI Medical Services Consultants analyze a client's disposal practices and design a comprehensive waste manage .me.nt plan. The. plan identifies opportunities for waste 'stream reduction, recvclino and educates health care employees about .enviro.nmental!y responsible and safe waste handling procedures. Units are'lOcated in Arizona, Colorad6, Florida, Indiana,' North Carolina, New Hampshire,. Ohio, Texas and WisConsin. National Accounts · ThroUgh the WMI gr. oup and CWM National Accounts 'program, Waste Management provides leading n, ational companies and small businesses with a full range of environmental services provided by the Waste Management Family 'of Cgmpanies'. .Additional benefits offered by National AccOunts .programs include: a wide array of solid and hazardous waste services, consulting, centralized. billing, m.anagement. reports, legislative and .regulatory tracking, advanced electrohic communications and indemr~.fic~tion. A national network of wast~ reduction, recycling, collection and secUre disposal services .can be arranged to meet the x~eeds of the customer through this pro. gram. : .. .. Boston, Massachusetts .... A' liirge conglomerate requested thaf( Waste Managem.ent submit bids to provide services fbr their Boston Area facilities. During a review'Of their waste streams by waste reduction experts from corporate National Accounts, W/VII and CWM exp0ied several opportunities t° improve on equipment inefficienciei, safety problems, recycling programs; and operational improvements. Waste Management was awarded .eight of their facilities producing 70% of; its waste. The Comp.any's program increased their capacity and far exceeded cost 'savings expectations. Subsequently,. Waste Management was awarded the entire contract to handle 100% of the waste generated. LiVermore DUblin Disposal Proposal 11.' SOlid Waste Transfer Waste Management, Inc. is the world's largest and most experienced company in the provision of both municipal and commercial solid waste transfer and disposal ser~;ices. The Company operates more than 95 transfer stations in North America. The comp.any annually receives and'transfers'millions of tons of municipal and commercial wastes through its n~twork of transfer stations. These stations are served by a fleet of more than 530 over-the-road semi-tractors, 1,430 transfer 'trailers and 17.5 pieces of specialized on-site 1Qading and trailer staging equipment. Waste Management transfer stations employ push pitS, compactors 'and encl6sed compactdr trailers or ~avity fed compactor systems, and top-lOading open-top trailers, depend!ng upon the ~?es and quantities of wastes being .received and transferred. Waste Management transfer stations range in size from large urban centers of-'5,000' ton-per-day capacity to small rural "Seen box" ~tations processin. g several tons per day. Waste Management introduced its exclusive WMS collection/transfer system in 1989. WMS incorporates exchangeable compactor bodies with a trio of light- weight, sing!e-axle collection and transfer chassis to provide direct transfdr of collected wastes without costly transfer stations. WMS collection vehicles simply exchange filled and empty bodies vdth the WMS Transporter with no off-loading or reloading of loose refuse. Equipped with a simple three-axle trailer which carries two WMS container/bodies, the WMS Transporter quickly, quietly and economically cairies payloads' to and from distant waste processing or disposal centers. " The WMS service represents a 2' y internationil' development proj.ect Completed in concert. with a major west German io'lid waste services firm2 Wfiste" Management and its predecessor companies. have been designing, constructing and operating municipal. waste transfer stations of various'sizes and equipment design for well over twenty years and have transferred many millions of tons of municipal and commercial solid waste~ from urban centers to landfills and solid waste process centers. The following highlighis somd of the Cgmpany's transfer stations. Davis Strei~t TranSfer Station, Oakland, California The Davis Street Station for Materials Recycling and Transfer (SMART) is a 53.- acre site for the recycling and transfer of materials collected from 11 communities in Northern .and Central Alameda County. Proposal ~ Livermore Dublin Disposal ~19- Davis Street SMART initia.ted operations in !980.· At the .facili~, the. gerieral public, landscapers, contractors and other businesses are' offered i, arious recycling opportunities including buy-back and drop-off ser,,iceg for' Cans, bottles, papers, metals, used Levis, foam-. carpet pads, mattresses, pallets and other materials. Reusable goods are also collected for donation .to the Salvation Arrny. Waste oil collection and wood and tire recycling also take place at the facility. · The facility als0 receives approximately 3,200 tons per day of commercial and residential refuse. in its 55,000 sqiaare foot transfer building. · Transfer tracks holding up to 25 tons Of material are disiSatched from this facility to fahe Altarnont Landfill in Eastern Alameda County. Sky H~irbor Transfer. Station, Phoenix, Arizona · Waste Management 6pened the Sky Harbor Transfer Station in 1990. The facility . has the capacity to handle.4,000 tons of solid waste per day and currently handles about 2,000 tons of solid waste per'-day primarily from the cities of Phoenix and Tempe, Arizona. Sky Harbor covers 550 square feet and has. four loading ports capable of accommoda_t.i_ng 12 garbage trucks simultaneously on the tipping floor.' One-hundred percent of the waste is then transported to Waste Man.agement's. Butterfield Station Landfill in Mobile, Arizona. Contact Jerry Suddeck; Acting Director of .garicopa County De~vartment of Solid Waste Management at (602) 50628726. Philadelphia Transfer and Recycling 'Center, Philadelphia, Pennsyh'ania '. The Philadelphia Transfer and Recycling Center, bu{lt and operated b~'Wa~te Management of PennsylVania, Inc.," has been operational since 1988. The facility 'tias the capacity to manage 2,000 ..tons of solid waste per day 'and houses two transfer buildings covering approximately 45,000 s.quare feet. The Philadelphia Transfer Center handles .approximately 140 - 150.· Collection vehicles daily'and services customers in the Philadelphia area. Compacted waste is. transported 30 miles tO one of two Waste Management. facilities. Approximately 35 - 45 transporter trucks leave the facility daily. The Philadelphia Transfer Center also.. has on-site recycling processing capabilities and handles newspaper and co- mingled recyclables which are sold to end-markets. The facility employs 35 people. Contact Sy Kcisintz, Philadelphia.Sanitation Services at (215) 686-.5520for more information on the. Philadelphia Transfer and R.ecycli~zg Center. ' ~ Livermore Dublin Dispoi a! - ~,~/. PropoSil -20 - 12. Solid Waste Disposal Waste Management is the industry leader in design, engineering} construction; operation and environmental monitoring of municipal solid waste landfills. Waste Manageme.nt's Landfill & Recycling centers .are a vital component of today's integrated approach to solid waste management. The Company is commined~ to diverting maj or portions of collected solid wastes for reuse and recycling, waste-to- energ-y and Co .mposting. Howeverrland disposal is the only acceptable repository for non-recoverable and non-combustible waste fractions. The company.operates 136 sanitary landfills in the United States and Canada. Working .in partnerships with local communities to develop comprehensive progrrams to preserve both valuable resources and extend landfill capacity,-Waste Management can provide an integrated service incorporating waste reduction, curbside recycling and processing and marketing ofrecyclables, in 'addition to state- of-the-art landfilling. Waste Management'disposal facilities do not accept hazardous or liquid wastes. Groundwa'ter monitoring is conducted on a regq.tlar basis ai ever), facility and results are sent to proioer regulatory agencies as well as the Company's Environmental Monitoring Laborator), in Geneva,' Illinois. The following higMi~ts some of WMI's facilities: Altamont Landfill hnd Resource Recovery Facility The Altamont Landfill and Resource Recovery Facility began operations in' 1980 and was acquired by Waste Management in 1986. With a daily volume of 6;000 tons, the landfill is constructed with a dendritic lea&hate collection system, a subdrain, and a groundwater interceptor trench. Th~ site also features both a batch leachate treatment. system and a landfill gas collection · and electric.algeneration plant. The facility's lindfill gas-to-electricity plant is a state-of-the-art process through which electricity is generated by burning landfill gas in turbines. The plant is capable of generating enough energy to serve 6,500 homes. Approximately $280,000 per year is spent by the facility on routine groundWater leachme and air quality monitoring. Proposal Livermore Dublin Disposal Butterfield Station, Mobile, Arizona The Butterfield Station Landfiif in Mobile, Arizona, is a 640-acre, 447 permitted, state-of-the-art site which began operations in early 199'0. Butterfield Stati6n was the first site in Arizona to incgrporate 'a synthetic liner. A 60.~mil high-density polyethylene CrtDPE) primary liner rests on an .18-inch recompacted clay liner and is overlain with a HDPE geonet to allow for-collectiOn of leachate: The site is monitored semi-annually for groundwater and qua~erly for. landfill gas. Butterfield Station is located in a remote, dry, geologically stable desert environment which experie.nces less than 8 inches of rainfall armually2 Site life is estimated at 50 years. Upon reaching final elevation, the site will be covered with 2 feet of compacted soil, a 6-inch drainage layer, .9. feet of surface soil. and vegetation. Final end-use will be determined in cooperation' with the local community. Butterfield Station typifies larger regional sanitary landfills being dev. eloped by Waste Manag.ement in response to increasing environmental demands. · Contact Stu Baker, gzaste Manageme?~t of North America at (602) 256-0630for Dformation on Butter. field Station. Columbia Ridge Landf~ll & Recycling Center, Arlin~on Oregon ':' The Columbia Ridge Landfill, situated in the high desert environment of Eastern Oregon, is a 2036-acre, 628 acres permitted for landfilling, state-of-the-art site w'hich began operation in JanUary 1990. Estimated site life is about 50 years, Columbia Ridge was designed and developed by Waste Management of North Amei'ica to serve as the primary disposal facility for the 1.4 million people in the' three-county portland; OregOn, metropolitan area, 140 miles away. The 'landfill is also receiving municipal wastes from the nearby cities of Arlin~on and Cordon, as well as Kermewick, Washin~on. Disposal Cells .are lined with a.compoSite liner of clay, geotextile and high:density polyethylene. The site is located in an arid climate which minimizes the amount of leachate generated and collected in the leachate Collection system. Groundwater and landfill gas are monitored regularly. Four feet of final cover will be placed o~er the site whenit has reached capacity. In mid-1991, Columbia Ridge began recei,~ing. daily railway shipment of 1,000 tons per day of containerized municipal'solid wastes from the City of Seattle under terms of a contract signed with that City in September '1990. The innovative progr. am is an example of the company's progressive leadership in solid waste disposal and recycling. " Contaft Judge Laura Condon, Gilliam'COu.nty a? (503) 384-6351 fo.'r more information on Columbia Ridge.. Livemore Dublin Disposal 'Proposal - 22 - Settler's Hill Recycling & Disposal Facility The Settler's Hill Recycling & DispoSal Facility is a 39.7 acre municipal waste disposal site located in Kane County, IllinOis. Currently, 271 acres are permitted for landfilling activities. ' A comprehensive monit6ring and management System ensures that the Settler's Hill Recycling & Disposal Facility is properly operated and' maintained. 'The system includes leachate collection, groundwater'monito. ring, surfsice water management and landfill gas management. The facility has an on-site gas-to-energy facility. The gas is pulled by Vacuum to a laidfill gas-to-energy. plant where it is compressed and delivered to two turbine engines which generate electricity. The plant has the capacity to produce 4.3 mega- watts of electricity per day. Power is currefitly being sold to the City of Geneva to supi31y electricity to 7,500 homes. Waste Management of Illinois and Kane County have xvorked together since 1980 planning and developing a comprehendive recreational deyelopment project at the Settler's Hill Sanitary Landfill Complex. The Settler's Hill cooperative effort has 'provided envir0nmentally Sound disposal services for Kane Count5, as well as offering a broad range of recreational oppommities. As a result, Settler's Hill Recycling & Disposal facility has become a. nationally recog-nized model of the achievements that can be gained throu~Ox private-public partnership. The first nine holes of in 'eventual 27-hole golf complex were officially dedicated on October '13, 1988 and the second nine holes opened in 1990. Once completed the recreational facility will also include a 170 foot ski hill, sledding slopes, equestrian trails,'jogging and cycling trails, picnic areas, a restaurant and public tennis courts. The recreational amenities will be phised in over a 10-to-'l 5-year period. Kane County receives all revenues generated from the public use of the recreational area. Waste Mariagement remains responsible for. continued groundwater monitoring, leachate collection, gas recovery and surface water management. Contact Mr. Phil Bus, Kane County Development Department at (708) 232-3498for more information on Settlers Hill. Landfill Gas Recovery .. In 1985, Waste Management completed its'first two landfill gas-to-electric plants at company-o. wned s. anitary landfills in suburban Milwaukee, Wisconsin. Proposal Livermore Dublin DispoSal - 23 - 13. i4. Today, WMI has a total of 28 ga.4 recovery projects at its landfills and is the leader in · landfill gas recovery in the U.S. with 101.7 million watts of electrical generation capacity in operation and 65.9 million cubic feet of medium--BTU gas sales per day. Several programs generate electricity for 'sale to utilities through a joint. venbxre vdth C~iterpillar Financial Services ~Corp. Other facilities sell landfill gas ·directly 'to. industrial customers for use in furnaces and boilers. Similar landfill gas-to-energ-y projects are planned for 13 more landfills. The gas can be recovered and sold to industrial Customers or public. utilities as a medium BTU fuel,.'or used on site to power eleclriCal generating reciprocal or turbine engines. Environmental Audit All Waste Management. facilities are subject to regular' audits by the 'Company's Environmental Audit Department. The Company's environmental auditors verify facili~' compliance with reg-utatory, legal and company environmental standards and increase overall environmental management effectiveness. In 1992, Arthur D. Little, an indepen.dent consulting firm, reviewed the Company's environmental .management systems ad environmental policies and procedures and stated: "In our 'opinion, Waste Management., Inc.'s corporate and subsidiary environmental. management systems, policies and procedures, and its corporate environmental audit program establish the Company as the leader in the U.S. Waste management industry~ Furthermore, certain features of these systems, policies and procedures and audit program reflect approaches that are state of the art and place Waste Management, Inc. firmly among the leaders of industry as a whole Mth regard to corporate.. environmental management." (Arthur D. Little, Inc., March 1992).. Waste Management's Environmental Monitoring Laboi'aton.' The. Company's Environmental Monit0xlng Laboratory a~.alyzes groundwater's .amples taken from Waste Management's 7,500 groundwater monitoring wells and is the most sophisticated groundwater monitoring lab in the world: The EML laboratory is staffed by .130 employees including 90 chemistsf lab technicians and systems personnel. 'In 1991, EML produced one-half million test results taken from more than 26,000 groundwater samples. -. The environmental laboratoi-y is the nation'S most thoroughly dquipped.facility of its type dedicated to environmental analysis of groundwater, surface water and ambient air samples from solid and hazardou's waste disposal .facilities. It serves as Waste Management's first line in discovery and correction of potential contamination of Livemore DUblin Disposal · ,. Proposal groundwater underneath its Sanitary .landfills, industrial waste processing/disposal' facilities, and hazardoffs waste facilities. The environmental laboratory incorporates neariy $5;000,000 worth Of analytical instrumentation and a $1,500,000 computerized sample trac'king and 'control system. Sampling parameters for each of the monitoring points have been established to meet and exceed federal, state and local criteria for the specific site being monitored. The laboratory functions independently of the company's two largest operating youps, Waste Management and Chemical Waste Management, to guarantee the inte~m'ity of the sampling proyam ~as well as site compliance with all .regUlatory age. ncy and corporate environmental policies.' DESCRIPTION OF THE COi~IPANYiS SERVICE INITL4.TION EXPERI'F, NCE The following information is specific to the initiation of service in the City Of Dublin. a)· Procurement of vehicles and personnel Equipment is already in place to service the City of Dublin. fi~ny new equipment purchased pursuant to this RFP will be acquired through our National Accounts purchasing proyams. b) Training of personnel 'Exisiing personnel will be used to provide the/ervices re. quested in this RFP. c) Billing sen'ices Billing services 'will be provided uninterrupted under the exi'sting system in pla.ce in the City of Dublin. All residential customers are being billed for the first can level of service on their property taxes, with LDD billing for all other services. d) Routes and operating procedures No maj'or re-routing is foreseen under the terms of the RFP which would affect customer ~ervice days: . e) Delivery of containers Containers would be delivered to Dublin residents for Green Waste,. or Under Opti8n B of Residential Solid Waste CollectionL Containers w. ould be 'delivered two weeks prior to service stai't date. Proposal ~ Livermore Dublin Disposal f) Community involvement LDD has always strived to be a good corporate CitiZen in the City of Dublin, and will certainly continue our efforts is this area to support the services requested in this RFP. Specific actions to be taken as part of the implementation process include: - sending a mailer to each home one month prior to service start date;' - attaching a second flyer upon deliver>, of the container; - and providing inserts in bills sent to each customer. ' .. g) Transition issues LDD has extensive experience' in th~ local arei,' for example the recent. implementation of ~een.waste .collection and commercial r~ycling in the City of Liverm0re. WI~C also recently delivered 'containers to each resident'of Union City for automated collection of garbage and ~een waste. Of course, LDD also implemented both curbside and multi-family recycling in the City of Dublin without any disruption to customers. The following information is a general description of the sen'ice initiation .experience of x, Vaste Management, Inc. -- Projec~ Planning and Mobilization Waste Managemint of Alameda Co .unty has had extensive experience in the planning and implementation of new services throughout Alameda County. These. services include both the curbside recycling and Feenwaste pm~ams referenced earlier~ as well as the' commercial recycling pro~am now in place across ~he COunty. In addition, WMAC brings with it the experience. of Waste Management, Inc. in providing the resources, equipment and personnel to implement new pro~ams at any sca~.e. .. The. company. currently provides service to more than 1,750 North American municipalities, some of which are among the largest in the nation. The Company has also mobilized its services for several overseas projects including the Exxon Valdez oil spill, the Persian Gulf War and the 1992 Chicago Flood. · . " The Company has demonstrated the ability to: a.' Complete comprehensive waste service surveys and devise· routing, equipment and manpower requirements responsive to individual community needs, geography, 'climatic conditions and lifestyles and/or. industrial properties and projects, b.. .. Secure and prepare for serv!ce speCialiZed equipment .and containers on Livermore Dublin Disposal Proposal. ' ' a prompt and effective basis. c. . Locate, construct or refurbish, furnish and equip, and effectively manage comprehensive administrative, operations and maintenance centers. d. Recruit, train, relocate (if necessary), and effectively manage large biling-ual and/or multinational work forces. e. Recruit from within its management and employee i-anks for temporary assignment or permanent relocation administrative, technical and operations personnel necessary .to successful project mobilization and service. f. Effectively develop and adhere to critical path.' procurement; construction, manpower. and start-of-service schedules. INFOKIVL4~TION REG.&RDING PENDING LITIGATION Waste Management of .Mameda Count),, Inc. CW'MAC'') is a wholly owndd subsidiary of Waste Ma,n. agement, Inc., an Illinois corporation C.WMI"). WMI is the parent company of over 200 subsidiaries across the country and, while it is unlikely, may currently be named in routine claims and litigation involving property damage, personal injury, employment, operational issues and other miscellaneous matters ("Claims"), together with its local subsidiaries. None of these claims is material to WMI's financial stability and, with few exceptions, none' of the cases are out of the normal coUrse of business for a company of its size in the environmental services businesS. In addition, these lawsuits typically do not directl)i involve WMI (because W/VII.is not an operating company), and have absolutely nothing to do with the local management of WMAC. Therefore, in response to 5), the following represent pending actions filed against WMI in relation to its WMAC operations. See 1) below. The following represents Significant pending actions filed against WMAC: 1. · Leonard G. Vinci, an individual v. WMI AND WMAC, No. 957805, .".'. Superior Court, County of San Francisco Plaintiff filed complaint for monetary damages alleging violations of the CA Cartwright Act, violations of the CA Cartwright Act, violations of the CA Unfair Practices Act, unlav~ful termination and ihtentional infliction 0f- Proposal ~ Livermore Dublin Disposal - 27 - emotional distress in January) 1994. Plaintiff is requesting recovery 9f actual damages for at least $12,000,000 trebled as required by law to $36,000, c'ost of suit and for punitive damag&s. WMAC is vigorously defending its position xvith regard to this matter; Plaintiff filed a NotiCe of Appeal from the o. rder dismissing his State action; a Hearing to Dismiss is scheduled for December 2, 1994. 2. B0nilla v. WMAC, United States'District CouZrt, Northern Disi:rict of California, Action No. 75-0060 CAL This action involves a consent decree entered into to settle an employrnent discrimination class action suit alleging' discrimination on the basis of race and national origin. On December31, 1993} WMAZC filedan application to dissolve the consent decree which ~vas Wanted in early 1994. A~e~ the court set a cut-off da!e, approximately 30 claims were filed for nominal .(no more than $10d000) amounts of mon.ey. Approximately' 15 matter that were still in the "pipeline" still need to be re~olved. All are.sCheduled to be mediated by the end of the year. 3. Carlos A:-.Rivera v. g, rMAC, U.S. District Court of Northern ' California No. C94150I TEH, Sin Francisco County Superior Court Case No. 962834 This case is a Bonilla Consent Decree complainant who also filed a' lawsuit. Settlement negotiations are underway. 4. ' Zeph'ori~/Smith vs. WMAC, U.S. District Court of Northern California No. C94i254 VRW Anothei' Bonilla Consent DeCi:ee'Complainant who .also filed a l~iwsuit, the Plaintiff is representing herself and has so far been finable to convinc'e the court that her case has merit. WMAC earlier prevailed On a motion to dismiss; however, the court gave Plaintiff a Second chanCe to' state a Claim against WMAC. WMAC plans to renew its motion to dismiss. Plaintiff has so far been unwilling to settle for an,vthing less than half a millior/ dollars;' WMAC has rejected. these demands. 5. Louis C. Appling. Sr. and Eleanor Appling, d/b/a Appling & Son, Superior Court of California - County of Alameda, No. 736354-6 Plaintiff is a mino'r!.ty subcontractor providing services in connection with the WMAC recycling a~eement. Plaintiff is alleging fraud and breach of contract... DiscOvery 'and a Motion for Arbitration Order is pending.. LivermOre Dublin Disposal Proposal , . vi) FINANCIAL INFORI~IATION WMX Technologies', Inc. reported $9.1 billion in revenues in 1993. Total assets for 1993 were $16.3 billion. In 1993, of total corporite revenu'es, Waste Management, Inc. accounted for approximately 50.9 percent, Chemical Waste Management accounted for approximately 7.3 percent, -Rust International, Inc. accounted for approximately 16.1 percent, Waste Management Ihternational plc accounted for approximately 14.8 percent and W'heelabrator accounted for approximately 11.8 percent. For the latest 3 months; ending September 30, 1994~ the Company reported $2,603,110,000 in revenues and $212,885,.000 in net income. AnnUal Reporli. s, quarterly statements and other financial and informational documents are available upon request. As a publicly ov~4~ed andtraded corporation, VvqVIX is subject to report and prepare all financial information in accordance vdth SeCurities and Exchange Commission requirements. \VMX has approximately 73,000 shareholders of record and an estimated 285.000 "street name" holders whose shares are traded on international stock exchanges. ~,r/X/IZX shares are traded on the New' York, TorontO, London,.Tokyo, Australian, Zurich, Geneva, Basel, Fr'a_nkfurt and Midwest stock exchanges: 'q~rMX's financial strength and security is appraised hio~-xly among major rating companies. The Company is rated A-1 by Moody's Investors Sen,ice and AA by the Standard & Poor's Corporation. Over the years the Company has set aside considerable reserve funds for future and potential liabilities. W'NOC has the financial strength and expertise to perform to proposed contract specification. It is the Company's belief that the financial capabilities and documents filed with the government provide verification that Waste Management, Inc. has sufficient working capital, or access to sufficient working' capital, to finance and perform the required work. Credit Information Waste Management Indorporated is a subsidiary of WMX Technologies', Inc. Of Oak Brook, Illinois 6052 I.. WMX is the world's leading environmental services' company. The Company's principal subsidiaries operate throughout the U.S., Canada, Mexico and 20 countries overseas. Please also see the VVMX Technologies Annual Report in the Appendices. Proposal ~ Livermore Dublin 'Disposal · x~/ - 29- vii) KEY PERSONNEL A brief description of each' of the key poSi'tions in' the Livermore Dublin Disposal, a Division of Waste Management of AIameda County. The Division President has the overall responsibility of the division and has ultimate .responsibility to the City for administi-ation of the City 0fDublin contract. The Division President'v,,ill delegate cex:tain responsibilities of this dally administration,.. as deemed necessary., to more effectively comply with all requirements.. The ViCe President/Controller is responsible for all accounting aspects of the company and internal systems and proce.dures. Reporting of all data, service rates increases, customer billing and receivables are the Controller'~ responsibilities under the administration of the contract: The Maintenance Manager plays another key role in the overall success of our operating divisions. It is through their efforts that millions of dollars in capital equipment is maintained in excellent operating condition. The Maintenance Manager's involvement with the daily operations of the division is the cornerstone of our commitment to customer service that permits everything else to happen. His detailed attention to every component, from the truck engine to the rear mounted bac. k-up video camera,. ~eatly impacts the success of our companies in fulfilling the requirements of the contract. : The Route Supervisor is in the field on a daily basis, wor'king w4th all drivers through personal and radio contact.- In order to ensure the safety of the public, drivers and equipment, the Route Supe.rvisor is well trained in the detailed requirements .of the Contract and to carry out these contractual obligations in a professional manner. The Route Supervisor facilitates on-time sen, ice to customers and maintenance of customer relations. The Division Compliance/Safety Coordinator is responsible for compliance with. all federal and state laws along with company environmental policies. The . Coordinator ensures that all employees are trained properly and that all aspecis of the operations are safe and comply with all applicabXe laws and company polici.es. The Office Manager has the responsibility for all customer service rei~resentatives and customer inquiries regarding billing, and is responsible for seeing that all issues. are resolved to the customer's satisfaction. On the follov~ng page please find resumes for individuals who will directly support the operations of Livermore Dublin Disposal in the provision of services for this proposal. Livermore Dublin Disposal Proposal., (This page intentionally blank.) Proposal Livermore D~blin Dispos~il Livermore Dublin Disposal. Organization Chart Dan Borges Division President Mecia' Padilia I Bill Anness · Office Manager ~.. Maintenance Manager "~: ~ ,~/.. City'of Dublin Proposal, March 11995 Cindy Davis Division Vice President and Controller Lawrence Moglia Division Safety. and Compliance Coordinator Ed Scott · Route Supervisor Dan Boi:ges Division President and General Manager Livermore Dublin Disposal Mr. Borges' years of'experience in the waste management business number more than' 24. Mr. Borges began his waste management career in November of 1968, working part-time at Concord Disposal Service, CalifOrnia, while attending St. Mary's College High SchOol and later St. Mary's College of California. Upon graduation from St. Mary's College with a Bachelors of Science Degree in Economics and Busine~ss Administration, he accepted" a full time. position at Concord Disposal Servic.e. .. In July, 1973, Mr. Borges.accepted a posi!ion at Valley Disposal Service in Walnut Creek, 'California. -- Mr. Borges began his career with Waste Management of Sacramento in. 1979 a'~d was named General Manager on Janu'ary 1, 1988. During that period, Mr. Borges managed' a Material RecOvery Facility and also spent four months' as Assistant General Manager working on the start~up of the__City of San Jose, California, contract. In December, 1990, Mr. Borges transferred to Livermore Dublin Disposal, a Waste Management Company, as Division President and General Manager. Mr. Borges was given Waste Management'S East Bay Disposal division, along with Livermoi-e Dublin Disposal, October 1994. Mr. Borges was .responsible for the implementation of a new franchise agreeme.nt with the. City of Livermore, which included the start-up of a commercial recycling program and residential yard waste program. As well, under the ol'd agreement, an improved residential curbside recycling and multi-family program were implemented. ~ ~ Livermore Dublin Disposal PropOsal Cynthia. K. Davis Division Vice President and Controller East Bay Disposal Ms. Davis currently serves as the Division Vice President and Controller for East Bay Disposal and Livermore Dublin Disposal, divisions of Waste .Management of Alameda County. Her responsibi.lities include oversigh~ of the financial reporting. " Ms. Davis has been employed with Waste Management since 1986 when hired as a staff ac'countant in Walnut Creek, CA. This. position ,expanded t6 include variouS; 'project .accounting responsib!lities within Contra Costa County. In September, 1993 she was promoted to Division Vice President and Controller for Valley Waste Management in Walnut Creek, .Ca. In November 1993, she was transferred to the Tri- Cities Recycling & Disposal Facility in Fremont, CA and the Kirby ·Canyon Landfill in · Morgan Hill, CA. Most recently, she assumed the responsibilities for East Bay Disposal and Livermore Dublin Disposal. Experience in various solid waste 'contracts has been acquired in each of the positions held. Ms. Davis graduated from Golden Gate University at San Francisco in 1993 with a Bachelor of Arts in Accounting. Livermore Dublin Disposal Proposal Bill Anness "Maintenanbe Manager Livermore Dublin Disposal Mr. Anness began his career with Waste Mamagement in Jude, 1988 as a M~chanic at Waste Management of Santa Clara County. In' 1989, Mr. AnneSs was promoted to Maintenance Supervisor. in this position he 'supervised 17 maintenance employees. l'n 1990,' Mr. Anness was prom~ted and transferred to Waste Management of Alameda County-Davis Street Transfer Station in San Leandro as the Transportation SuperVisor responsible for 27 drivers and operators at the si~e. Mr. AnneSs has held his current position of Maintenance Manager for both East Bay Disposal and Livermore Dublin Disposal since 1991. Livermore Dublin Disposal Proposal Lawrence J. Moglia ,Division Compliance/Safety Coordinator. Livermore Dublin Disposal Mr. Mogtia began working with Oakland Scavenger Company as a helper in 1979, and worked his way up through a variety o.f positions to become an Assistant Manager in 1984. He then was promoted'.to a position of Operations Supervisor at Livermore Dublin Disposal in 1.987, where he currently has .responsibility as Compliance and Safety Coordinator. Mr; Mog'lia is also a current member of the American SOCiety of Safety Engineers and has had. extensive. training iH the of Compliance and Safety. A partial listing of includes:" Sexual Harassment* Diversity * Employee Right-To-Know * Community Right-To-Know *:- Surface Water and Sewer USe * D.O .T. Training * Train-The-Trainer * Bloodborne Pathogens * Storm Water Pollution- Prevention Hazardc~us Material, First' Responder * New Storm Water Program EnVironmental Audits ' Compliance Coordinator WMX Compliance Special Waste Regutatory Awareness O.S.H.A., Safety and Health - Hazardous Waste '29 CFR 1920.120 Hazardous Material Title 22 Workers Compensation Workers Comp/Injury Prevention Transporting Hazardous Material /~ Livermore Dublin Disposal Proposal Mecia B. Padilia Office Manager Livermore Dublin Disposal Ms. Padilia has served as Office Manager of Livermore Dublin Disposal since August · of 1993, where she manages a staff of seven employees. She is responsible for Customer Service programs as well as accounts receivable for this office. Prior to her current position, Ms. Padilia was Office Manager at Waste Management of Alameda County-Central Division office in Hayward, and had 22 clerical staff 'repo. rting to her. She worked closely with computer systems in this capacity, and was in charge of the Divisions reporting r. equirements. Ms. Padilia served in this position since 1/1/90, and was responsible for all administrative aspects of implementi.ng ·.the CurbCycle Tecycling program for the City of Hayward. .. Ms. Padilia has also worked with Waste Management in a number of other positions. As Administrative Assistant to Dave MacDonald, who was then Vice President/Controller for the Bay Area. In this capacity, she was responsible for general support to management, as"~vell as many special projects. She also has served as Assistant Supervisor and Residential Customer Service Representative, with a total of 14 years of experience. Livermore Dublin Disposal , Proposal. -I 0 -T' 0 0 Technical PropOsal" i)~ Refuse.Colleition, Tran;port and Disposal LDD is pleased to offer a state 6f the art.collection ~ystem m the City of Dublin..For .backyard refuse collection sei'vice, we .'are using tear-load'collection vehicles which provide the b~st available op,tion for bacK-yard 'serviCe. For automated refuse collection service, we - intend to use a state-of-the-art one pass collection vehi.cle, .which' can collect both refuse and green Wast~ .from the curb in a single stop. This two compartment ~ehicle eliminates'the'. necessity of having a second set of collection vehicles for green'waste.-- - .. '. .. a) Backyard Manual Residenti,al Refuse Collection, Optioii A. ' ' " Opti.on A will be provided using .2 routes, 1 with .threepersons, the other' wi-th two persons and a third person 2 days per week. Each person will woi'k 8:hours per day. LDD will be using the following equipment to serViCe reS. idential rouies under Opti/~n A: Unit # A~e Make Type' 620 : '86. White/DM'PST 'REL '621 ~86 White/DMPST REL' 363 '.78 Whlte/DMPST REL (Spare) .. Note: 'We ~itl replace two of ihe~e units after five years... ".. -. Location for equipment and personnel' 'staging: ' ·. '. All .equipment and personnel sta. ging will occur kit the Livermore Dubhn Disposal coip0ration 'yard and maintenance facility, loeat6d at' 6175 South Front .Road, Livermore.. - Office location:. .- ' The offic.e location for management andfranchiSe administration operations is; 6175 South Front Road, Livermore. .. ' ' This opti'onwill require between 500 and 600 stops per day.. .. Livermore Dublin Disposal. Proposal' b) Automated Residential Refuse C011eC~tion, Option B. Weekly, collection of green waste' will be performed along with solid waste collection if the City chooses Option B for residential Solid waste collection..The cOmbined collection of these two materials would require 2.6 routes, with drivers' working 10 hours per day: This '. option will' require between '400 to 450 stops per day, with 800 to 900 containers ·being · Serviced. (If'the City Ch6os.eS bi'We~Hy. collection of gr.een'Waste in conjunction with sblid waste colledtion, the combined' collection of these two materials would requird 2.2 routes with drivers working '10 hourS. per day. 'This, 0ption"will ;equire betwe.en 475 to 550 stops per day, · with 950 to 11~)0 'containers being serviced.) '" ' ..... - · -. .: LDD will pi'oVide backyard services for customers who are 'unable to brini thdir refuse to the Curb. It has been our' experience .in op.erating 'the existing 'Curbside recycling program that very few customers .require this service.-Our eXperienCe leads us to believe that there are no impediments to ~erving all: area of Dublin with a single-pass fully automated vehicle. LDD will be using the· following equipment to' service residential routes Under Optiori · . B: . Three "Single Pass" FEL vehicles'capable of servicing residential refuse containers and green waste Containers simultaneously. These vehicles will be 1996 White chassis with Heil bodies. LocatiOn for equii~ment and pei:sonnel staging: All equipment and .personnel staging will occur at the Livermore Dublin Disposal corporation yard' and maintenance facility, located at 6175 'South Front Road, Livermore. : Office location: - The office location for management and franchise administration opi~rations.: iS; 6175 South Front Road, Livermore. Containers Livermore Dublin Disposal will .provide high quality Cascade oi- 0iher brand wheeled containers in 35, 64 and 96 gallon sizes to 'al.1 residential .customers. Propoial ~ Livermor6 Dublin Disposal -33 - c) Other Refuse' 'ServiCes 'BulKy Goods Collectioti' · Thefgllowing is a description 9fLivermore Dublin DiSposal's-plan for the collection, processing, reuse, marketing and residue dispos. al of bulky goods.. - Our-past experience in the City Of Dublin· indicaieS that we'.will be · able to provide this important service with existing equipment and personnel. Bulky goods will be collected year round'. on an "on- caW' basis.' For the "on~call" program, LDD will' implemeni a procedure whereby customers with items· to be discarded simply call our Customer Service Department. The ctistomer will then be informed c;f: thd scheduled date and fees. for the collection of the items.. We anticipate being able to fulfill all requests within 5 working days of the xTequest for pick-up. · Bulky 'goods collectrid through t-he "on-call" program'will be processed in the manner "described-below. A wide range of matedais. will be diverted and reused or marketed as a result of Our Cooperative agreement with the Appliance Recycling Centers' of America (ARCA). We are also working clos.ely with the disassembly project recently funded .by the Alam~da County Waste. Management Authority which is researching the feasibility' of breaking down bulky items such as couches. Public Education for· the Bulky Goods program will be provided on an on-going basis through billing inserts.: .. Pr0cessing/Dismantl.in.g of Major Household Appliances.... '. -Safety Waste Management of Alameda County iS x~orking .with Appliance · Recycling Centers of America (ARCA) to operate. the state-of-the- m facility located in Oakland. Processing servic~i include the' removal of environmentally harmful components (e.g., CFC'S, citpacitorS and ballaRts Containing. PCB's, .compressor oils, etc.) from household appliances such as refrigerators, freezers, and air conditioners: ProceSSed appliances are delivered to a local Scrap .metal recycler. Livemore Dublin Disposal ' V S t' There is no 'substitUte for courtesy on the road?. .. · Waste Manag'e- - ment takes real pdd~ in the safety record ob our drivers. Through exten- · sive training programs and state-of-the-art ~afety equipment like back-up cameras, our record is one of the best in the solid waste industry today./n fact, our company's · incident rate as calculated by OSHA is more than 60% lower than tfie industry average.t ~egular rnainte;tance is a. critical part o four Safety program. Proposal - 34 - One of the primary benefits of this operation is ·energy savings produced from the removal of old, ldSs .energy .ef. fici~nt.appli'an.6es from se/vice. Residenis are able to conveniently discard their ippliances through our proposed Collectioh and processing 'system and in turn put-into- . use a new energy-efficient.appliance. Our'services .also facilitate any appliance buy-back program:implementedby..electric utilities. . . Disassembly Operation ..... ·. . . Dayis Street Station 'for Material Recycling and Transfer is supportihg a prgject for' disassembly of 0versized, bulky goods such as mattresses and couches'.' .This' project is'-' funded by the Alamed. a County Waste. Mana.ge. ment AUthority... Reuse and SalVage Center Bulky goods .not recovered for re'cycling through. ~ither the household fippliance program or disasSembly operation would b'e .subject to reuse and:.sa!vage efforts. Waste Management. of Alameda County is considering the hiring of a i'euse manager to develop reuse cente?(s) for. recovery of reusable bulky goods. " It is envisioned that reUse efforts would includethorough examination of materials collected through. our bulky good curbside pick-up service.. Reusables would be segregated out from non-reuSables and the materials inventoried andoffered for sale or. trade in a retail setting. Non-reUsable but ~ecyclable bUlky'gogds will also· be recovered.· A s. eparate tipping area for bulky goods ,x~ill be constructed at DaVis Street. Recyclable items such as scrap metal will be recovered and later delivered to a recycling facility. We believ~ implementation of this integrated bulky g,0od recovery ~ystem is consistent with Califomia's waste management hierarchy of maximizing reduce, reuse, and recycling of materials. 'Our proposed system 'will minimize the disposal of bulky goods:generated in Dublin. Annual Clean:Ups ' LDD 6urrently has in place the-necessary equipment to provide ·up to four annual clean-ups to the Ci.ty of Dublin. This s'ervice is provided with a combination of rear loaders, front loaders; 'and side loaders. If any additional equipment is required., it is readily available within Waste Management of Alameda County on short n'otice.-This Service will be provided' as. it is under the current provisions. Please ~note that we intend to keep the "Handy Hauler "program fully in place as currently provided to.the CiO~ of Dublin. Proposal' LiVermore Dublin Disposal -. - Commercial and Multi-family refuse coilei:tion (bin service) All equipment for providing this 's~rvice is qurrently in place, and would continue without any disruption to Dublin customers hnder this proposa!. Industrial, commercial, and residential debris box service .' · All ~quipment for 'providing this service is ~urrent. ly in place, and Would continue without any disruption to Dublin customers under this proposal.· Service to City-facilities .. -': : ..... · All equipment :foi: providing-this' ServiCe is ctirrently in place, and Would continue without any 'disruption to City facilities under th!s proposal. a) Refuse Transport or Transfer ' " All refuse collected within the Cfity 0f DUblin.will be hauled directly to the Altamont -Land fill. ' . e) Refuse Disposal " ·. RefuSe disposal under this proposal.will continue at the-Al.tamont Landfill and Resource Recovery Facility as under the current contract. ' Below please find a brief description of the 'Altamont facility.' Northern Califomia's newest, safest, closest Class'II landfill is nestled in the hill~ east of Liyermore in the'midst of the windmills at AltamQnt ·Pass. Sifuated on 2,.170 acres, the. : Alt'amont Land fill' and. Resource·Recovery Facility is close tO major transportation arteries,- · while .safdly away.frOm population centers. Altarnont's 230-acre fill area first opened in. 1980 with a capacity of approximately 58.9 million cubic yards: . In July Of '1994, the Altamont Landfill. Was-granted a permit to operate a Class II disposal facility: Clas~ 'ii 'and industrial special wastes can be accepted: in a new cell .lined with a l'ayer of re-compac.ted clay, highdensity pglyethylene (HDPE)'.plastic, and a geosynthetiC material' meeting or' exceeding· local, state, 'and federal requirements. · Additional stat. e-of-the:ar2t' environmental protection measures includ. e:' groundwater arid gas · monitoring equipment, !eachate collection systems, a wastewater treatment plant, and a 'gas- 'to-electricity~ plant: ' ' - '. ~ LivermOr~; Dublin Disposal . Proposal Planning for the FutU're -' ' ' - ' ·· The Almmoht Landfill demonstrates the success which can be achieved ~yhen the 'priVate sector works.cooperative!y with local governments to ensure that the'needs of business and residents are well· Serged. .. .' Despite the major growth exfierienCed in Northern California over the past twenty years, residents in our service are'a have benefited from very'low rates for secure disposal.. ... .. The opening of. th~ 'Class II cell is important in several ways. It demonstrates a vote of confidence in 'the c6ntinued" strength of Bay Area businesses, .a · continued' commitment to residents, and a' model for ~nvironmental protection. ' Envir6nmental ExcellenCe · The .·Altamont Landfill and Resource Recovery Facility is 'one o£ 134' 'solid waste 'landfills operated by Waste Management in North. America. WMX Technologies has recently invested in a new wastewater treatment plant, a Class II Special Waste 'cell, 'and an expansion· plan which will p.rovide' capacity f6r a minimum of 50 years. 'Althmont Landfill and ResourCe RecoVery FacilitS,. is one of only a few 'facilities with - a state- appr0ved poSt-CloSUre plan. 'With these2 extensive environmental 'protection measures in place; no other· company ~can match. the .security which the Altamont 'Landfill provides. Control of Gas and Liquids As municipal solid waste in-the landfill decomposes, methane gas is naturally produced. Rather than allow the gas to be released to the atmosphere, 'engineers at Altamont' Pr. Otecting Huma.n Health., and the 'Environment Waste Management landfills megt or exceed· stringent federal and state -' regu~at{ons. . . .. · . Waste Management has an unpara~eled track record with the folks who really know environmental regulation: the environmental regu!a. tors themselveS! Here's what regulators from across California who oversee Waste Management operations are SayiOgj : · . · "(Waste Management) has 'been superb in dealing· with the county and meeting all legal requit:ements"--- · Art Detmar, LEA, Alameda County. :. · ' "Waste Management:s compliance with DiStdCt Regulations has been exCellent"---James R. Guthde, '. DireCtorof EnfOrcement, Bay ~qrea Air.Quality "Management DistdcL .. . · · ~WMC has Continued to be Cooperative and sensiti~2e "~ !. ~ to the County's environmental' ~ ....:~,~ · /regulatory rdquirements, as . state agencies: On the few ,, i.~, ~ ii [1,i~ occasions when a'violi~on has .., ·occurred, Waste Management "::Y~' has been very responsive in ; · rectifying tl~e problems in a EtiVirohrnental technician timely manner.." Keith 7~umer, . checks a ~ample of liquid Director, Ventura Coutyty .. ~aptured by the faci~ity liner.' , Planning Division. Proposal Livermore Dublin Disposal ' have 'des. igned a high efficiency collection system to capture this gas. Then; it is piped to a gas recovery plant that generates enough electricity to supply up to 6;000 homes. This power is provided to pG&E. A comprehensive system o.f pipes uni:ler the' Class II area collects leachate and transports'it to our onsite'wastewater treatment. plant.. Thi~ m. odern. i~aciiity prOVides.. ample capacity to treat all site liquids, . BiolOgical technology, rather than chemical treatment;' is used' to provide safe .and effective treatment of waste waters. The recla. imed water is reuse. d on site for landscape irrigation and dust control.' '- State~of-the-art Liner ' The Altamont Class II Subtitle D liner includes an advanced composite liner and leachate collection System. This cell liner providei staterof-the~art environmental protection. Confidence For fifteen years, the environmental'engineers at Altamont have been wgrking' with .public officials from Bay' .A(.ea couritie. s and the State of California to provide an-' environmentally sound disposal option for all of us who live in Northern CalifGrniaL With the new Class II liner in · pla.ce, we are confident .that we can provide such. an option to th.e. CLty of Dublin:· " . ' h') Recycling- COllection, Processing and Marketing a). Weekly Residential COllection CollectiOn MethOdology·(Option A) . Experienced .... Recy.ClerS' A modern curbside collection ti-ack winds its way through a neighborhood Waste Management is the largest and most exp. erienced collector of municipal recyc/ables in the Woad toda, y. This'scale of operation is' helpful to cities that work with our firm in many ways: .. · Our ability to market collected 'materials ensures that ' recyclables a)ways find the best markets in the world and ale never needles.sly wasted. · · Our experience in providing ,~ collection to many other communities (over:600 · . American cities) means.that we know how to providd cost · effective service. '. · · Our State of the art collection vehicles allow'Us to "co-collect'; ~olid waste and r~cyclables, which meatis that your· community doesn't need to have a Secotid set'of trucks td add recycling Service. . · · Abii~e, bales ofpli~sti~ await shipment. to a manufactm'ing facility. .:. Recycling collection Will take place using.the three. existing contractor provided 11 gallgn containers. One ~ontainer is used for clear glass, one for colored glass, .and one for tin, aluminum and PET: ' Newspaper. and mixed paper are bagged and placed · adjacent to the binS', and cardboard bundled and set /~ Livermore Dublin Disp6sal Proposal adjacent to the bins, and cardboard bundled arid set alongside in sections no lo.nger than 2' feet' on any side OptiOn A will be provided using I route, With one driver.'-The driver will work 9 hbUrs .' · perday. This option will service between i 000 find 1100 drive'-bys per day with a set out ..rate of60%. ·. . . " " Equipment to be 'utilized:· . " · F0r·weekl~ CollectiOn of recyClable materials under Option A, the'equipment' .-' requirements areas follows: Curbside Recycling (Option A): Unit # Age 1035 '90 413 "' '80. 'Make White/ADVDS White/Norcal Type Recycle Recycle (Spare) Collection Methodolog.v (option B) Recycling collection will take place using the same technique as described ~ibove. 'in Option A: with the exception that all narrow necked plastics will also be' aCcepted with the PET plastics for collection. " Option B will be provided using 1 route, with one drive. The driver ~vill work-10: hours per day. This option will require between 1000 and 1100 driVebys per.day 'with'a Set out rate of. 70%. .. Equipmeni to be Utilizedi' For'w.eekly collection o'frecyclable materials Under Option B} the equipment · requirements are as 'follows: .. · . Curijside Recycling (Option B): .. Unit # 1035 - 413 Age '90 '80 Proposal Make White/ADVDS ' White/Norcal- Type · ,. Recycle ReCycle (.Spare) · */~X' Livermore Dublin Disposi~l -39 - Multi-Family Recycling Option A and Option B Will be provided using ~4 routei;'With one driver. TheSe collection options Will Use the existing 96 gillon ca_ft.'s which are conveniently located adjacent to the' refuse container." The 'driver will work 9 h6urs per day. ~ " LDD will be using the following equipment to service Multi Fm'nily dwellings: Unit # Age Make- Type- ~ ' 407 '79 White/Able Recycle '.- . · This track,- which is shared With the City Of Livemore, Will need to be replaced' in five years. -' · '- -. c) Commercial Recycling '- . '. 'Commercial~ recycling Will be provided dsing .6 routes, with one driver. The driver will work 9 hours per day. '. LDD will be ~ising one 'of the Front End Li~aders listed under the. Commercial Re'fuse section of this propo'sal to service Commercial.businesses in Dublin: - ·' Waste Management of Alameda County will be offering a comprehensive recycling option available to all commercial and industrial customers in the City of Dublin. Source' separated materials to be included in this program are:' LDD will Utilize a Variety of container typeS to. service commercial recycling collection. Th~se containers include wheeledcarts, front loader bins and drop boxes. We also perform waste audits to ensure that each customer has the appropriately sized container to· meet their generatio.n needs, space constraints, etc. " di' Coll6etion fi:om Public Facilities The existing 'program of providing office paper c011ectionto Dublin public facilities free of charge :would be continued underf the terms .of this .proposal. Any expanded' services. available to commercial recycling accounts will also be available to these ~ublic facilities. iii~ Green Waste Collection', Processing and Marketing It is estimated ·that 1,962 tons Of green waste will be collected and diverted annually through the programs outlined below~ ' .. ~ Livemore Dublin DispOsal o PropOsal 'a) Option A,'Weekly residential collection ~'. Each Dublin resident' Will. be provided with .a 64 g.allon'cart for green waste. If Option .A' is selected for residential refuse collection, green waste collection will be performed by use o~f a · fully automated truck. Collection will b~ performed in combination with- solid waste collection b~, means of'single pass vehicles if Option B for residential refuse collection is' selected: Collection of green 'waste will. require 1 route; with one driver workihg 10 hours per day if Dublin chooses Option A for residential s'olidwaste Collection.. This ·option will require, between '1000 and- 1100 drivebys per·day. We will use .a fully automated 1996' White chassis with Heil body. '.. Collection of green waste Will be performed along wiih ·solid waste collection if the City chooses Option B for residential solid waste collection. The' combined collection of these two materials would require 2.6 routes, with drivers working 10 hours per day..This option will require between 400 to 450 stops per day, with 800 to 900 Containers being serviced. b) 'Option B,. Bi-Weekly residential 'collection Each Dublin resident Will be provided with a 96 gall0ncart fo~ green waste~ Collection Will be performed in combination with solid-waste .collection by means of single pass vehicles if Option B for residential refuse collection is Selected. · ColleCtion of green 'waste will be performed along with solid.waste collection if the Ci·ty. chooses Option B for'resid.ential s'olid waste collection. The combined collection of these. two materials would require 2.2 routes,' with drivers ~Vorking 10 ho'urs per. day: This option will require between 475 and 550 stops per da~ with between· 950 and 1100 containers actually-serviced. ..- . .... .- c) Green' waste processing and marketing. · ... WMAC has been diverting several thousand tons of green w~ste each month for 'several years' now, and has developed ·a menu of options for dii~ersion which fully meets all AB 939 criteria, 'and which provides for environmentally responsible. diversion of this importantpart' of the waste stream.-. What follow~ is a·'descrip.tion 0fthe green waste diversion program that Dublin will.be able to make use of- Our facilities are not dependen~ on expensive and high' maintenance. equipment such as. grinders, screens, and turners. Instead, operationd are designed to maximize the throughput of material to be diverted in an efficient and cost effective mannei*. p~opoiai Livemore Dublin'Disposal The acceptable materials for curbside G o i n g G r e e n collection of gr. eenwaste are: - brandhes UP to 2" in diameter ~ii,~'~ . - clippings and prunings -' - ' :: - grass clippings :i~ :~, .il '~ .- ..- brush · ·. : . ," ', · 2.,-~ · Livermore .Dublin Disposal recognizes that A ~,'bside collection t,,,d, unload~ ,,r contamination of the yard waste feedstock; one ourprocessingfacilitie& especially at the beginning Of a new diversion Because 'AB 039, demands a program. is inevitable to- a' degree. We .are high level or diversion tot equally aware of the fact that even the smallest .materials which used to be . ' level of contamination in the final products. ~anatiltea, yard. waste coae~tion .' that must'be marketed from .mulching and and cornpostingprograrns are ' becornin,~7 increasingly important composting operations renders the product .. to cities across California." · nearly unusable, and certainly diminishes its waste Management is proud value greatly. We halre seen a number of . to be a leaderin the development operatigns which grind--curbside c~llected or collectionandprocessing- materials and theh attempt to remove technology,. We have also done extensive work to ensure that contaminantS by screening ' later. Other agridultural rnarkets benefit trorn operations 'rely entirely on preventing the use or this material. contamination from entering the collection vehicles altogether.. This latter approach, although neceSSary, is never Sufficient tO result "' in the kind of dean feedst0ck necessary to produce valuable products. =.Z Our. approach is to .sort, the material prior to grindin'g, ' much as' curbs. ide collected . ~ ............ containers .are Sol-ted p~9r to ·baling. Waste ~. ,, :",:!?:"- Management is currently processing curbside ,~ .- collected yard waste from' across S0noma 'County in this manner with terrific' results. What goes around comes around...:: · .' .... Waste.Management is marketing Over 99% of eontaminants 'are' removed, and compost andmulch pro.ducedfrom the feedstork delivered for compOsting is ~ 'residential wood and yard materials. ready for. conversioh to truly va, luable end product. As alluded to earlier, the kind of processing methodology we will employ 'at 'the processing .facility, which is operated by Weaver Industries, is simple, straightforward, and dependable..' This approach alsO provides the utmost in flexibility to accommodate seasonal.changes in yard waste quantities. LivemOre Dublin Disposal .. Proposal ~ 42 - Propo,sal Marketing Policy and Plans " 'WMAC'S stated obj.eCtive' is to achieve the '!highest and best" use for each and eyery material that is to be diverted from 'the waste stream during the implementation . AB939. At the same time, we feel' it would be irresponsible for our firm, as a major · ' provider of~services needed to implement AB 939, to not fully acknowledge the cost' ' .impacts.of each diversion choice. Our approach to marketing. the organic fraction of the waste stream is therefore- - highly pragmatic and r~sults oriented'.' Our' staff has' extensive e:~perience in marketing soil amendments, composts, mulches and topsoils to the "high end" markets. such-as .horticulturatists, landscape architects, and botanical' gardens. But the .ability to move large volumes of these diverted organics consistently despite market vagaries demands that agricultural markets be fully integrated into the'overall diversion 'picture.. "' Perhaps just-as important, from the policy perSpectiVe, is ihe need-to replenish agricultural Soils 'with organic matter. Current agricultural practice relies far'too heavily'on addition ofpetrochemical based fertilizers, which do not improve soil structure, water holding ability; or tilth. Instead, these fertilizers replace the macro · nutrients consumed.by crops dur. ing the!r growth cycles: In doing so, however, nitrate runoff and salt build up .often result. In addition; such modern farming · 'praCtices also require the addition of large quantities of pesticides and herbicicles . .becadse the health of the soil and of the beneficial insect and microbe populations are. · diminished.' ' One result, then, Of a o~-gmfic' Waste ~'e. cycling program such as the one the City o.f .D~blin is'embarking on, can be a profound -regeneration 0,f the ve. ry agricultural areas from which the residents of.the City get their produce and other farm crops. This kind of related benefit iS a critical element of wise resource management, and Livermore Dubiin Disposal, represent. s the essence of;"cIoSed !oo.p" .'recycling.' One final noie on our marketing policy..We are particul.arly excited aleout the potential for educating the public about the b~ne~ts of reCyCling repr.esented by organic waste diversion. Because organics can be diverted from the .w. as.te stream,. converted to mulch. or compost, and marketed locally, residents of the City of Dtiblin can directly see the result of their recycling efforts. Unlike glass, paper Or metal recycli. ng, which requires an industrial 'prOcess to remanufacture the collected .. recyclables-into finished products (often 'at .a great distance, even overseas), organics' cab be used locally.' As an integral' part of our' approach~ We intdnd to make all products produced from'the City of Dublifts organic waste available to both the · residents 0f~the. City and to 'the City itself for use in p~k or recreation areas, street' ~ Livermore Dublin Disposal .~J improvement projects; qr other public areas. Because of the low cost and efficiency of the method we are .propOsing, any products the City Would wish to use or .make -available to its'residents will be reasonably priced. Any pro.ductS the City· does not' need to viVail itself 0fwill have secure markets in ag~.dultural areas whiCh greatly' · desire them~ and which will in fact make "highest ahd best" use of them: Identification of ;pecifi/: mai'kets .~ .. : As described in our statenlent on .Marketing Policy, it is 6ur' feeling that urban and. retail markets for products made'froth ya[.d. waste will. become extremely. 'oVersupplied in'the short tomedi.um term. It is therefore our objective to establish mutually beneficial relationships with the agricultural community which can make the best use of this material in a dependable· way. . .. The types of specific marl{etS ou; end markets have unique access to include: - Almond orchards during the three years following clearing. .- ~ Walnut Orchards during the three' years following clearing. . - All other ~'stone fruit" orchards during t_he first three years following .cleari~ng. Other markets we will·be approaching and establishing relationships with include: - All agricultural marketS, inc!uding; - Vineyards - Barley ' ' - Vegetable crops .To the extent that materials will be bacl~hauled to:the LDD yard, this will be' done at the request 0fthe City for use in spec. ific prOjects'or areas, Or in order to meet .. demand from residents and businesses that wish to have these materials made available. Because our approach takes into account the ability to effectively. move the diverted organics directly to agricult.ural areas, it does not involve the .kind of expensive, labor intensive, and time consuming marketing involved' in dstablishing a place and reputation for soil products in the retail marketplace. As we have stated above, reliance on the urban ret. ail marketplace to absorb the xlolume of organic materials that will be diverted from the Bay Area waste stream during the next few years is a recipe for failure. · .. d) Christmas tree collection' LDD intends tO make Christmils tree collection an integral part of the residential-green waste collection program. ~ LivermOre Dublin Disposal '~J Proposal - 44 - e) Multi family green 'waste collection'. -. Our pr0p6sal topro×ide green 'waste collection to multi family complexes is described below. We will- provide the necessary containers to be placed ir~ central locations for residents 'to discard their greenwaste. The containers used WoUld be carts or 'FEL containers depending on space. and actual .volume produced at dach complex.· We will work with the management of the complex to design a system Which will be user friendly, which at the same time will provide efficient collection of the materials.' Please recognize that most Complexe. s have oUtside'contractors performing their gardenlng services. As a result we assume that these complexes may not have use for the greenwaste service. It is important that we deal with each complex basedon their needs and available Space. f) Service to City facilities Green waste collecti6n'serviCe will be provided tO City facilities on the same.basis'as service provided to multi-'famil'y C0mplexe~. v) IMPLEMENTATION PLAN· · .- a) Timeline .for project implementation Because of the fact that. LDD is currently providing service to the. City of Dublin, " implementing service under the terrris of this RFP would require only thr.'ee main changes to the existing service..Thebe are: Increased' recycling~ in the provisioh of additional paper ani:t plastics :collection Distribu~o..n o.f green waste collection containers and the inception of green waste- collection service, and; ' The indeption of fUlly automated collection, should the City of Dublin choose this Option · .. for residential refuse collection.. BecauSe we have impl.einented nearly identical 'service mOdifiCations in both Livermore and Union City in rec&nt months, the ability of LDD 16 provide these improvements to the City o'.f Dublin is Well in place. , - . b) Assumptions for City staff participation WMAC is pr6posing that thd city staff and LiVermor~ Dublin DispoSal meet regularly tO implement the service additions .requested in this RFP so that we cle~rly address all pertinent goals, objectives,' research, messages, communications t'ools, evaluation, budgets and - schedules. We believe that these regularly scheduled meetings will provide the basis for~ . :' Proposal Livermore Dublin Dis'posal · , , Below. please: find timelines for projectimplementati0n as described in detail on page ·44. Implementation Schedule: 'Residential Refuse Recycling May 1, 1995 June '1, !995 '· :.'January. 1, 1996 · February 26, 1996 March 1, 1996 ..- · March 18, 199'6 'and' Greenwaste Contract Signed Order new trucks and carts Develop promotional materials Mail "How to" brochure DriVer training begins Deliver cai-ts ' April 1, 1996 Insert in billing . April 1, 1996 ' NeW service starts ImplementatiOn, Schedule:· Commercial· Recycling May 1, 1995 : Contract Signed · January 1, through March '31, 1996· Contact .all Comme/-cial customers · February 1 through March 31} 1996 · Order containers for commercial recycling · "" April 1, 1996 - ,' ' ' New service starts · quick and effective feed6ack on performance of the various tasks which together make up the comprehensive services required. " 'Clearly, the increased focus'on public education and community involvement will affect the participation rate for maximizing the: d!version .Of, solid waste from the landfili. " c) Transition team Please see .the' organization chirt attached. tO this proposal. d) CustOmer inquirieS . Please see the section of this proposal on cus.tomer' service. - · ', e) Announcements and publicity Public Info~'matio" an.d Outreach The followinb is a description· of the type of comprehensive public outreach and education efforts Waste Management has develc;ped in conjunction with municipalities-which are.' implementing· new services or programs. We would be pleased to make .any of the individual program elements listed below available to the City of Dublin in order to make the programs requested the RFP as successful as they. can be. Introduction: Implementing an effective trash Collection,. recyclirtg,~ reuse, and green..waste . collectibn communications program requires establishing a knowledge base' for those invdlved in the project~ including developing inventories of existing .local communications tools, researching demographics and geographical issues, understanding residents' perceptions of .the new program, and determining potential roadblocks that could hinder a successful kick-off and. subsequent high' participation 'tevels~ This public 'information ahd. community outreach .plan addresses each of these' issues and represents a thorough, broad-based procegs to guarantee a smooth transition andhigh pai'ticipation levels. Livermore Dublin Disposal' . . Spreading .the .Woid ~,.,-~ .~......~,-%:,~!,<r~:.~'~,~ . ~~ i~.~ .~7.~_.~;-. -' Informed ki& create an informed communi~. ' Above, a Waste Management.educator leads class dis~ssion on re,cling. ' We realize that public education and outroach aro critical components of a successful collection prOg. rom. Because of this, we offer a wide range of education and outreach programs from school curriculum development to. participation in community events to colorful mailers. Below you can see dycler, our rocycling robot, hard at work in bringing the environmental message to.. 4th graders. .. Cyc/er even ' speaks · Spanish! Kids enjoying a "Cycler" school presentation. Proposal Resear. ch and Planning " Understanding the views of customers about their willingness to participate in this program has proven invaluable in determining apprOpri~te messages and commtmi~ations tools. The changes which AB 939 has introduced to solid waste. collection programs across Cilifornia represent a tremendous Opportunity to keep future ~ollection costs down and reduce ~e solid waste stream: .These changes, .however? also require modifications to the way customers deal with their trash. Our.challenge is to make sure that all customers are' familiar with the new' equipment, any new.'recycling. OptionS, and-the reasons for making. these enhancements. While it' iS easy to simply list a variety of communication~ toois that will be .used, OUr public education philosophy is to thoroughly research each of the Communities'we serve, and then devise an individualized ·education program-that is truly reflective of our ctistomers' needs..' · Our public education program is based On development of key messages, gleaned from 'our · entire body of knowledge about the new services 'and the market, Which'will 'be used in a · variety ofiools tokickoff the new service and throughout the life of the contract to ensure · continued high participation and Cu~tomer'·satisfaction levels. We have included our message development findings here in order-to demonstrate our intent to provi.de.Dublin With a powerful, effective, and high!y visible program. ' MeSiages Message types' can include: ' Trash Collection 'Customers will be askedto make choices abotit the types of trash containers they-Will use, and they will-now be.bringing their cOniainers tO the curbside for automated pickup.- ' 'SpeCific messages Wi!l include:..' · Consumers will have a choice in container type', allowing them to pick the one that fits their needs and budget ' '--Automated caCb'side collection' will help keep future collection costs down due to. reduced labor requirements ,.. . · -'Those who are un~ible 'to bring their 'comainers to the cUrbside due to' age 'or physical disability will still..be able to receiw backyard pickup at no additional fee: ' ' New Recycling Services :' · , ., .. Customers will now be able tO ~ecycle'more waste' than ever befo're, and curb~idecollection makes it easy to participate, using a minimal number'of containers. Key messages include: Proposal ,/Livermore Dublin Disposal · -47- Corrugated cardboard, which tak.es up a tremendous amount of trash container space.. and is .quite bulky, can no.w be. recycled. Mixed paper can now be recycled also, including a variety of household paper . ' products' that previously. went into the landfill .. .RecyCling' help~ extend· our landfill life,' which ultimately keeps trash disposal ~osts · Recydling will help. Dublin meet the stringent AB939 waste reduction mandates Green· Waste .' ' '~ ' Since green waste collection is a major new component of many-new program~, specific messages Can be developed to introduce this'service: ." Green 'waste is the largest single component Of the residential waste .stream, and therefore has a huge i'mpact on the ability to.meet AB939 iZequirements' The new collection program is designed for easy participation, using a new wheeled collection cart The active participation of' residents 'will help their community maintaih leadership in recycling efforts, with each ixidividual contributing to a major project that has a large beneficial impact on the locitl environment ': These messages will be refined and expanded as the program is developed, and not all messages will be used for each communications tool. However, by using consistent messages - and the corollar~ graphic design theme.- throughout the communications process,Dublin can focusi.ng its educational products and events efficiently,-ensuring that each p/ogram aspect sends a unified signa! to the recipient. Throughout the process, care 'will be given to integrate existingrecycling program messages into the' new service~, so that · residents are not confused by what may appear to be a completely new program. Implementation of a. Public Educaiion Plan - .... Once the messages are in place, the implementation phase can begin. A comprehensive' communicat'ions.plah' has been developed that includes the appropriate messages, key. audiences, actual communications tools, 'and me. thods for evaluating the effectiveness of the communications program. The communications plan provides an excellent blueprint for creating i menu of communications tools, and we would work closely with staff to refine the plan in the early'weeks of this project; further, we can actively prepare all appropriate program materials, including brochure writing and design, 'video production, copy development for. all' public communications, graphic elementdesign, and news media" r~lations. The program elements include: .. : Livermore Dublin Disposal Proposal Media Rela.tions/Advertising. . · News Releases/Media Kits- Prior to start of the. new service, news releases and media kits can be developed for distribution to appi'opriate publications. including: The kits can contain detailed information about the 'new and existing services .such as: the program kickoff event, statistics'aboUt recycling ~succesSes during the past few years, and information about 'new household hazardous waste collection Centers.· · Op:Ed Pieces - Local newspapers will be provided with' op-ed pieces authored by elected Officials regarding the community"s commitm6nt to recycling, sourc6 'r~duction, and other envii-onm~ntal issues. ..' · Paid Newspaper Advertisements - Instructional ddvertisementS will' be produced and placed in local newspapers focusing on service changes,. recycle/muse/reduce ·messages, and other issues pertinent to the new contract. Video and Radio Programming · How-To Video. A viewer-friendly video cad be.prOduced for airing both prior to and after service kickoff. Such a 5-7 minute production Would focus on the how-to's"·.of the - nex;v service and will demonstrate proper use of the new containers. Research indicates that many CustOmers are unaware. of themany collection and recycling services available,- and the video will include that information as well. The video will also be used during community presentations and can be made available for checkout from the Library for those wishing to view it at their conVenienc'e. Waste Management contact phone' numbers will be presented in the production2. · Public Service Announcements - Public service announcements foCUs'ing on recycling,. -souice reduction, .and other environmental issues will be distributed to local radio 'stations Publications · Direct Mail - Prior to Service k:ickoff a detailed direct mail piece can be: prgduced-for distri·bution to every Dublin household, outlining the new services and offering .suggestions for easy program participation. The multi-color 'piece {rill. rely heavily on graphical images rather than copy alone so that it will be a quick read" and easily · understood by a variety of'd.emographic groups.' Sufficient additional quantities0f the -brochure will be printed for diitribution at City facilities, such as City Hall, Senior Center, Library, Corninfinity Center, and als0 at community.presentations.. Proposal LivermOre Dublin Disposal' . - 49 - · Additionai Distribution of Brochures - A condensed version0fthe kickoff how-to" brochure can' be attached to new trash and greer~ waste collection containers, Offering · 'simplified usage instructions and contact phone numbers for those seeking additional information. - · Program Updat. e Bill Stuffer - A h'ill-stuffer insert can be produced yearly and. distributed to hll customers updating them on their service and offering information about their waste stream reduction successes. Contact phone numbers for questions, comments, and othei feedback can be included in the piece as well. · Commercial .Brgchure -A business-specific brochure can beproduced for .dism'.bution to all commercial customers holding a business license in Dublin focusingon recycling options and new trash collection alternatives if appropriate. · · .New Service Help/Information NOtices ;. Special tags/notices can be developed to · inform customers who are not properly placing their traSh0r recyclabies at the Curb~ The pieces are Customer-friendly and non-confrontatio.na!, offering tips for proper placement. and encouraging customers to call the hot line number for additional' information.' · Multi-Family HoW-To Posters - Attention-getting posters can be distributed to multi- family dwellings for display in facilities such as laundry roOmS, leasing offices, lobbies, and other common areas. The posters focus on recycling and feature an 'abundance of . graphics instead of relying on copy only; the hotline number is featured prominently. Special Events/Displays/Programs · Container Displays - Sample trash collection and green waste containers can be placed on display at convenient public locations. Customers then have an opportunity to' examine' the containers; referral' phone numbers are visible nero' the containers for those · requiring additional. information. .. -'. iKickoff Celebration - At service kickpff, a special celebration can be planned that will create excitement about the new services, provide support for an identified ciVic'project, and reinforce the importance of recycling, reuse, and waste stream reduction. The event will feature demonstrations of the new equipment, involve City 'council members and Other local officials, and will allow 'residents and commercial 'customers an oppommity to gathe~ in supporf of the commUnity' s improved commitment to environmental concerns. .' · Key Community' Leader Briefings - A series .of presentations to key Dublin civic ar/d opinion leaders will outline the new services and provide an opportunity to express questions and concerns. An aytempt will be made to enlist these leaders as strong advocates for the new'seri, ice, encguraging them to serve as spokespersons. for-. · recycle/reduce/reuse messages and inviting them to participate in the kickoff event. t~ Livemore Dublin Disposal !~roPosal - 50 - · Recycling/Source Reduction Contests - Waste Managemen~ can conduct annual waste collection, recycling; and source reduction slogan; art, or poster contests for both children and adults..The contests focus on innovative 15resentation of appropriate theme and messages, and winners receive attractive prizeS. Community Presentations Experience indicates that presentations .at virtually every organized group· within a communiiy are unquestionably one of the most effective methods to explain and gain support . for new Services and' projectS. Although this 'task is' extremely time-consuming, it allows an efficient manner to provide service kiCkoffinformation, distribute Copies of the brochure, show the video, and answer audiende questions and concerns about 'their Collection and recycling. services. Since seniors are' likely to have· many questi0ris aboui the new services, special 'efforts will be · ·'made ·to conduct presentations at senior citizen 'groUps; the presentation would focus .on how · easy it is to participate in the program and addres~ an3z quest. ions that may arise, School ACtivities ' · MOdel MRF - An irmovatiize project that may be appropriate for older age groups is the development of a'model MRF at a school site, which helps illustrate the recycling process in an interactive manner on a scale that is easily understood.· We have already . begun research on this project, and we will utilize successful methods that are in place at other model MRF sites.~ .. .. · Kindergarten-Junior High: School. Students -. A'wide variety of projects, contests, 'an~t' curriculum materials can be developed for this age group; specific elements Would inclt/de bulletin board displays, essay contests focusing on environmental themes, video presentations, classroom teacher guides, assembly presentations; character visits,. giveaways,'and others approp'riate for individual class levels: · High School Students - Pa;-ticipation.by'math 'and science instructors would be integral to the education process, since they have th.e ability to transform the recycling message '. · into appropriate curriculum, such as explaining the chemical process 'behind 'composting or determining the; impacf of recycling and yard waste collection on our environment. The California Integrated Waste Management Board has developed an excellent curriculum for high school'students; this will allow us to offer a proven prog~.am. for local students. ' Commercial Customers" '.. COmmercial customers are large contributor~ to total waste Stream volume, 'and even though many businesses have voluntarily implemen.ted recycling programs in recent years, there is a Proposal " ~ Livermore Dublin Disposal ~_~. distinct need to increase edueati'on efforts. Meetings .can be held with representatives of merchantS.assOciations, as well 'as'with the owners and managers of commercial properties · such as strip malls, to explain service changes and to solicit' suggestions for improvement. · Retailers-will also be encouraged to hold Contests for their customers, focusing on the theme' to be developed for this plan; prizes from the particip..a.ting merchants will be awardea to winners, and Waste Management can prbduce news releases highlighting the winners. '~ NewslettSrS : "' "' · Articl'es can be produced .fgr. inclusion in the0rganizational 'and business employee newsletters distributed 'within Dublin. Many of the aboVe-mentioned homeowners assoCiatiom5 publish their own neWsleRers, and many medium to large sized businesses also: distribute eml61dyee publications;· .the articles produced for these news. letiers will· include graphics and photographS as requested by the-.sponsoring organization. Ongoing Customer Satisfaction '. · Reply Cards - A CuSt6mer comments and questions reply Card x~ill be included in customer billings on a regular basis, offering a convenient method for customers to comment on service issues. These cards·have·proven. to be very effective in heading off service problems before they beCome large issues, and they help reinforce the concept that both the .City and LDD are sincere about providing .qu. ality service. Conclusion: '. Throughout the implementation pr6cess, constant monitoring and follow-up will be · ne.cessary to ensure that the communications program is Working effectively. This comprehensive tracking will guarantee that communications funds, both the City's .and those of the Company are spent wisely, and will h~Ip to focus efforts ori areas requiring additional emphasis· It is important to note that a successful communications program contains flexibility leo respond to changing conditions. · ' vi) Customer Service. and Billing . CUSTOMER SERVICE PROCEDURES.. ' Procedures for all inquires including: Start, 'DiscOntinue, Change in service, Extra Service,. · Billing inquiries for Residential, CommerCial, Roll-off, Handy Hauler, and ReCycling' Services. 1. Customer call goes to switchboard operator, operator .greets the customer and transfers them into the an ACD group which is set up in the sysiem. This' . system automatically trans the call to the first available customer service r.epresentative (CSR). While the customer is holding, they listen to music and message tape. -- Livermore Dublin Disposal Proposal Customer ServiCe Counts! , More than. evei~ before, high quality customer ~rvice is the name' of the game. Waste Management Custome.r Service Representatives and · Dispatche~ am highly trained and. actively supervised to be an integral Our customer service department .i} staffed'· with the. best in the bu$iness. Reps refer to a manti~tl ' for consistent, accurate. service. · part 'of our operatioO~. Customer complaints are handled in a professional .' and helpful manner. Eveqone makes mistakes, but how we . respond to these rare- events is what sets'us apart. Dispatchers are. a ,critical link betiveen the customer and the driver. 4., - CSR inputScustomer information in the. computer, name-addiess, phone number:and customers request. If it is a request for the same. day, 'the order is created and dispatched immediately to driver if they 'have not completed the day. If.they have completed the dayorder gets dispatched for the next day. If immediate attention is required for that day and driver iS done for the day, the order is given t0 the supervisor and he will handle the request. All requests are taken care of within 24 hoUrs 'of the call.' When customer calls for new serVice, discontinue, extra pick-ups, and order is keyed into the computerfor the day of request. Orders are printed daily and dispatched first thing ihe next morning. '. At the end of the day, the drivers check out over the ,radio.' to' see if there is ariy 'reqUests to take care of, then the drivers come into the officeto turn in all his work, all Order that they i-eceived are matched up with the office copy and - closed With the resolution. All orders are filed and kept in storage.. ' .". vii) 'Environmental Component HAZARDOUS SPILL CONTROL City of Dublin: 833.-6630 ., Evergreen: 1-800-972-528.4 Proposal .-' /Livermore Dublin Disp~)sal' ' - 53 - Calif. State.Office of Emergency Services: .1-800-852-7550 (2) .(3). If there has been a hazardous spill, determine the location, time, size, type of spili, injuries and any information relevant'to.the incident. -· 2 · Instruct the driver to control the s'pill--do not allowthe spill to enter the StOrm drain (all FrontLEnd-Loaders are equipped with a bag Of Floor-Dry). Prevent all-vehicle and foot traffic from.entering the area. Do not move vehicle and do not attempt'to wash down spill. · . : C'ontact the Site Manager. : -- (4) (5) COntact EVergreen and City of Dublin, if requested by Site Manager. ' A 'cOpy of Emerge. ncy Response Guide is located inside the M.S.D.S. booklet.'.-The M.S.D.S. booklet is located in the supervisor's office. A second.copy. is also located in the gl0vebox of Vehicle 1839, the Mechanic's vehicle. · 5. 6. 7. 8. 9. SPILL 'NOTIFICATION INFORMATION. The .following information shoufcl be provided when notifying management and the appropriate agencies listed in this section about spills:· ' Time of spill (Military time, ie. 24 hours clock) local time. Type of material spilled and the approximate qu.aniity, (Provide Material Satty Date Sheet if possible). .'LOcation and source oi~ Spill. Probable cause and circumstance ofthe,spill: · Existing .or potential hazards (fire, explosion, etc) Pers6nnel .injuries or Casualties. ., Corrective action taken or being taker; to .cOntain, control and clean up the spill. Names aa3. d telephone numbers of individuals who reported the leak or spill. Othei~ uni~lue or unusual. circumstance of the spill. . ~ Livermore Dublin Disposal .~J Proposal SPILL RESPONSE ACTIONS' Quidk 'and coordinated response hctions to control, contain and clean up'spills is most . important in ~edUcing the impact of a spill in Lhe environment. It is important that all .. personnel who maybe involved in the storage or transfer of fuel/oil products have a thorough knowledge of Spill response actions, and practices i. hem on a regular basis.' '. Remember the'three C's (Control, Containment and Clean:iap) of the spill contingen.cy.plah can make response actions faster and more effective. CONTROL-: ' ' The first response actiOn.should be 'taken to control the spill~ .The simplest way to do this, is to keep the spill from'growing by Stopping the flow of liquids from the source. OnCe the flow 6f the liquid is stopped; efforts' Can. be. made.to. keep the spill from spreading... -' The ability 'to control the'spill depends a great deal on the situation. If the tank has a major rupture,_ it is doubtful the flow can be stopped. This is a worst. case-scenariO, of course, and it is advisable..to try to dontain the spill and get assistmice. Fuel/oi! spill and leaks from storage/transfer facilities should be stopped immediately by turning off transfer pump power switches to stop any further flow of oil from the tanks. After containment and clean-up, the equipment should then be carefullyexamined and repairs made. Fuel/oil spills 'and leaks during tank filling operations should be stopped immediately by shutting 'the appropriate valves to halt the delivery of fuel/oil. After containmeht and clean- up, the tank truck, hose, valves and connections should be examined and any problems corrected. Tank filling operations can resume after the problem is corrected and appr0v,a! is given by the supervisor or designated person responsible for the spill prevention. CONTAINMENT . The next mode of response is to contain the spill. In most cases, the secondary containments Of the tank will contain any spill which occur. However, instances where the spill occurs outside the secondary &ontainment areas must be addressed. First, evaluate the .local direction· of the flow of the liquid. and try to contain its flow.· Then extend the containment so it completely encircles the spill. Use. warning markers to create an exclusion' zone to limit access. Once the' spill is controlled and .cOntained, clean-up can begin. CLEAN-UP . Fuel/oil spills will be cleaned up immediately to minimize the impact to the environment. Water should not be used to wash away or dilute spilled oil products. Oil absorbent sheets,' pillows and other material should be used to soak up spilled oil. Spilled. oil and oil soaked materials should be placed in h Steel 55-gal.lon drums for temporary StOrage and disposal. If temporary containment~ have been constructed, they should be inspected prior to removal to.' make sure no residual oils are releised. . . · . Proposal . Livemore Dublin Disposal If any stormwater is present in the containment, any oil on the surface should be remoV. ed -.' · .with oil absorbent Sheets. Stormwater should not be allowed tO enter the stormdrain i'f'at' all possible. If a large quantity of oil is spilled which' cannot be handled by the pad o'r containment, then a waste processing firm should be contracted to pump the ipilled oil into containers. Oil-water mixtures will be recycled by Evergreen Environmental. Spilled oil ' · should not be washed into sumps where it.can be pumped into the sewer.. If a very large Spill occurs, or if si~ille.d oils' enter a storm drain, material remediation firm will .be contacted for immediate response.. When conthcted, they should be provided with all .the information as outlined in Section "Spill 'Notification' Information" .to .assist in an adequate response..Th'e Firms listed' below have been presel.ected' · and demonstrated the ability to perform a highly ef.fectix~e oil· spill clean-u.p within minimal time frame. The following companies' are designated to perform emergency spill clean-up activities: Spill Containment/Clean-up Materials aria Equipmerit The containment and clean-up of a spill Or leak cannot be effective without th.e mechanical .' - means 0fperf6rming this.task..Spill response materials and equipment must be available in' · close proximity to all storage arias.. The f. oHoWing materials are to be available for an effective response to a major spill: '-Personal Protective Equipment - Oil resistant gloves, laminated polytyvek coverails or . equival.ent, boot covers and safety glasses for personal protection. Synthetic Membrane - Sheets c;f syntheti& membrane material compatible with fuel/oilS for sealing storm drains. The membrane should be large enough to cover the entire drain 'and weighted to effectively seal the drain. . - . , Oil Absorbent Materials - Oil absorbent sheets, pillows, booms, granulated absO'rbent' .material or equivalent for cleaning up Spilled of leaked materials. ' "... " Warning Devices .~ Orange cones, barricades o.r Caution tape used for placement around the tank truck or to restrict access to spill areas.' Steel Drums - Empty U.S. Department of TranspOrtation approv.ed steel. drums with covers.. for containerization and t/:ansport of collected oil, oil soaked absorbent-materials and contaminated disposable personal protective equipment. The drums can als0 be used as storage for the spill response materials prior to use.- Tools and Equipment '- Shovels, rakes, and squeegee~ for handling oil absorbent materials or spilled oil. Livermore Dublin Disposal .. Proposal Fire Extinguisher - These are lo'catedthroughout the' sit~ and on all i, ehides. '- · Safety Program · W/VII conducts regular health and Safety programs for i.ts employees throughout the coun.try.' The .Company provides guidance to its operating locations in the compliance requirements of federal health and safety standards-oft. he Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA') and the U.S? Department 6f TranSportation (DOT). tn-depth trainini programs ar6 conducted frequently on a number of iisues inciudirig: Employee Right-to-Know, asbestos management, medical waste management, 'coaching the refuse truck driver, hazardous w.aste operations, trenching and excavations, Confined spades and 6mergency response. Twice a year Waste Man'agemeni conducts Landfill University, Special training for landfill gerieral managers as well as MRF University for general managers of material recovery facilities. Both of these. programs review environmental and safety regulations as wdll as corporate policy.' A listing of training courses 'administered 16 Liverm0i'e Dublin DispoSal employees ~'ollows below: '- Training Course Name Company Rules & Regulations DivisiOn Safety Program (video) AlcOhol/Drugs in the WOrkplace · ' Drug & 'Alcohol Policy · Accident' Reporting Procedure (Video) Waste Management· Today (Video) Driven By Pride Tour of Facility/Intro to Key Personne '. (Video) Fraud Doesn't'Work Here (Work Comp). Sexual Harassment - (Video). ':Buckle Up" - -. Seatbelt Policy ' Affirmative Action (Video) Waste Management The Environmental· .C0mpany (Video) Employee Safety. Orientatiort. · (Video) New Hazardous Communications . · Hazardous Communications Review Completing the Manifes. (Vi.d~o) OSHA's New Hazardous ·Energy SourCe- .· (Tag/Lockout) . '. , · Tag & LOckout Review Proposal "t~ Livermore Dublin DiSposal -57- (Video) Special Waste . Special Waste RefreSher/Update (Video) Back InjuEy. PreVention/Lifting safety Back Safety Refresher Hearing Conservation' :' Heat Stress (Video) Fire Extinguisher Training ' Fire Safety Refresher Emergency ReSponse Emergency ResponseDrill ' · Personal Protective Equipment Compactor SafeW (Video) F~rk Lift Safety Fork Lift Safety Refresher (Video) Co .rnbo-Tire Safety Coaching The Refuse Driver (Defensive' Driving) (Video) By The Numbers Pro-Active Defensive· Driving· '(Video.) ByThe Numbers - FEL '. (Video) By The Numbers - Residential (Video) By The Numbers - Roll Off (Video) Introduction to R011 Off' (Video) Respirators & How To Use Them Respiratory Refresher 'Vendor Fueling Procedure' Spill Prevention/Procedure Video Display. Terminals CPR/First Aid CertificatiOn. Eye Safety ' .'. Weldi~g Safety WMI operates facilities which meet or exceed industry and government standards. Applicants with poor driving records are not employed. Motor .vehicle reports for employees are per. iodically reviewed. Health and safety profes. sionals conduct, safety·audits and · in. dustrial hygiene surveys at WMNA facilities to evaluate compliance and potential hazards.·. Safety Manual 'WMI has prepared a Safety and Health Manual which contains guidelines for safe operations of solid v~aste facilities. A self-audit checklist has been prepared to whlk division General Managers .through these requirements.. WMI's Group Safety. Managers monitor the performance of their divisions. GroUp Safety Managers or other region safety personnel schedule and carry out safety audits. Livermore Dublin Disposal . · ' Proposal Since 1989, WMI has tracked injuries and acCidentS on a computerized database called the Safety Information System. Each WMI Division forw.ards infb'rmat~on on injuries and accidents to the Group Safety Manager, where it is evaluated for trends and th~ ·need to follow-up. The Safety Information ·System also ,tracks OSHA compliance. ' WMI operates a fleet of more than 14,006 vehicles. Th'e company Carefully triins '.and .select. its drivers. Driver training is a .key element of the Safety Program. Drivers participate in the siX-hour program called ".Coaching the Refuse Truck Driver,"'whiCh is designed to, enh.ance' 'their over-the-'road skills. Industrial Hygiene. WMI. periodical!y cOndUcts perSc~nai air and noise monitoring surveys at its facilities. Reports are generafled for General Managers and Group Safety Managers for their follow-up.. Employee~ receive notification letters with the results of each test. Corporate Health and ' Safety ·maintains a database containing the results of all industrial hygiene surveys.. Results ' of these surveys have been used to develop policies· and monitor the effectiveness ·of s~ifety · policies: WMI has imp!emented a Comprehensive program to meet the requirements of Employee .. Right-To-Know, Community Right-To-Know and Emergen. cy Response regulations of U.S. Department of Transport, ation' (DOT), OSHA and the U.S. Environmental P~otection Agency (EPA). As part of this program, Material Safely Data Sheets have been-developed for products such as landfill gas, ·leachate and gas condensate, which are unique· to. landfill .. operations. · . WMX TechnOlogies Environmental Management & Compliance AsSistance Systems ~vVaste Management is organized so that there iS an environmental management presence at all levels· of the..company.' .' At the corporate leizel, the EnVircinmental Management ·Department' (EMD)t, rack and ' ' communicate regulatory requirements and develop COmpany policies and procedures and compliance assurance programs. The majority of EMD staff are based at WMI'.s group' offices. EMD managers; environmental specialists and engineers who have primary '. responsibility·for assisting facility General Managers in meeting corporate and environmental requirements, r. eport to a Group Environmental Vice Presidents or Group En4cironmental Managers who report in turn to the corporate EMD President. EMD environmental &ngineei-s and SpecialiSts are also based at most treatment and disp6sal facilities, reportingto the group EMD. WMI has an EMD engineer assigned to each 1.andfill site and one or two, Group Corhpliance.coo~dinators per WMI Groub. '.Proposal Livermore DU'blin Disposal . This organizational structure assures that environmental and facility Operations managers ..... work as a team on environmental issues and have clear reporting channels to upper · management. WMI Environmental Management Programs Assuring compliance with environmental requirements addresses three goals around which WMI's activities at all levels a/'e or~anized:'t0 prevent compliance issues, to assess compliance.sfatus to detect any problems not pre~ented, and to correct pmbiemS identified.. PreVentive Actiohs 'WMI regions utilize the Compliance Management System (CMS) at all it's haul!ng and transfer stations. CMS is a simple, ComputeriZed tracking and scheduling .tool designed specifically for WMI Facility Managers. Lt provides facility management with the ability to assure continuous' co/npliance with Company, Federal, state, local and' permit-deriV. ed environmental requiremenfs. CMS also assists facility management with complianceon other major programs such as safety, human resources, industrial hygiene and training. CMS provides facility management With the following capabilities: Environmental Requirements.Tracking - Each identified environmental' requirement is written as a Compliance Assurance Task. Each Task summarizes the environmental requirement, references the root regulation, identifies who will do the work, .s. ets a date for completion of the task and.. establishes the frequency ofthe requiremexlt. - Task Assignment/Scheduling -'Tasks are automatically generated by the computer informing the facility manager and assigned personnel that tasks are · due in the near future. · Accountability System/Personnel Evaluation - Tasks are 'generally 'asSigned 16 facility personnel, but they may be assigned to consultants, group staff and' others. Facility Managers can access·'a CMS report that will list all overdue " task~ and responsible personnel. Documentation Assistance - Agency inspectors and WMI Environmental Audit Department audiiors require documentation that environmental requirements have been met. CMS provides facility managers with the capability to organize compliance documentation. As tasks are completed; 'completion dates; comments on how the tasks were completed, and file' records of locations for reports or correspondence may be logged into CMS. Livermore Dublin Disposal ~/. , ·PropoSal · WMI EMD staff of each regio. n assisted site staff in installing .CMS.. Because · permit requ!.remdnts are specific to each facility, CMS-must be ciiitomiZed,"a task requiring an average of one· person per site. WMI General. Managers have. reported CMS to be helpful managing complex compliance activities-. Compliance Assessment · Managers at each ~acility'monitor compliance with WMI and re~uiatory agency- . , environmental standmTds,'including site specific groundwater and landfill gas. monitoring plans.' Results are reported. to regulatory agencies as required by permits. and to group and corporate depai-tments. WMI manag6men.t highlight progress and key issues.... Facility Gen.eral Manigers and Group'Compliance 'Coordinators also conduct annual environmental-self-audits at each WMI landfill. Group EMD.staff conduct inspection of' active landfills at least quarterly'to identify potent. ial compliance issues. Results o{these .assessments ~e tracked' in the Compliance Action Reporting System. The systems also generates. self audit checklists for landfills and transfer stations. At least annually, WMI group EMD Staff aSSes~ hauling compahy.'compliance with WMI's special waste procedures; an internal program which substantially exceeds legal requirementS. .. ' '. " Hauling divisions are the most numerous type ~>f WMI operation. These facilities are · inc/easingl~) r~gul.ated and WMI has expanded 6ompiiance. activities for these facilities to include an assessment and environmental' education effort. Hauling company General Managers are required to utilize~ sev.era'l self-audit checklists. CheckliSts guide divisional. personnel through keS, environmental requirements and provide technical and regulatory resources 'to clarify issues. and resolve deficiencies. In addition 16 WMI compliance assessment activities, ;~nd to provide'd Compliance mechanism independent of facility man.agement, the WMX Technologies Eni, ironmental' Audit Department Conducts environmental audits at WMI facilities at regular. intervals. Corpo'rate.EMD staff·attend audit closing .and assist facility management in tracking and resolvingisSues. .. ' Proposal' Livermore DUblin Disposal ' City of Dublin Proposal for Solid Waste Franchise Detailed Financial Information ONE PASS - RESIDENTIAL MSW AND YARD WASTE COLLECTION OPTION COMBINATION 1 b. RESIDENTIAL SOLID WASTE AUTOMATED COLLECTION (OPTION B). 4 a. WEEKLY RESIDENTIAL YARD WASTE COLLECTION Annual Tons Processed Processing/Composting Gate Fee per ton Transportation/Composting Costs per ton ProcessinglComposting Costs per ton Other Costs per ton Labor Costs Regular Wages, Vacation Wages Supervisor Wages Workers Compensation Insurance & Claims Health & Welfare & Benefits Payroll Taxes Total Labor Costs Vehicle Related Costs Fuel Truck Maintenance Labor Tires & Tubes Parts Supplies Taxes & Licenses Other Total Vehicle Related Costs - Other Costs Liability & Property Damage Insurance Non-Vehicle Related Supplies Training & Safety Programs Public Education & Promotion Uniforms Processing Fees Replacement Toters Other Total Other Costs Depreciation Container Truck & Other Depreciation Total Depreciation Management Fees Corporate Service & Development Total Cost of Operations P rofi t 2.0% $49.20 91.5% Operating Ratio Annual Cost 1 bl4a 1 bl4a Year 1 Year 2 1,997 1,997 $18.50 $18.50 NA NA NA NA NA NA 184,747 202,092 8,300 8,549 20,000 20,600 30,535 22,810 10,742 7,901 254,324 261,952 20,009 20,570 47,000 48,300 6,134 6,615 8,065 8.351 364 375 6,000 6,180 19,328 19,716 106,900 110,107 4,500 5,150 3,059 3,666 1,000 1,030 20,000 10,000 500 515 36,945 38,053 10,836 11,676 1,500 0 78,340. 70,090 65,066 65,066 74,591 74,591 139,657 139,657 4,333 4,268 3,611 3,557 587,165 589,631 54,545 54,774 Interest Total Revenue Requirement See Cleanup comment on Schedule la. Toters projected (includes inventory): 35 gallon 64 gallon 96 gallon Assumptions; 60 pound per home per month average yard waste. 80,518 66,916 722,228 711,32'1 3,650 3,650 9,019 9,019 800 800 06/08/95 DUFINAL2.VVK4 City of Dublin Proposal for Solid Waste Franchise Detailed Financial Information 2 b. WEEKLY RESIDENTIAL RECYCLING COLLECTION (OPTION B). Annual Tons Processed MRF Tip Fee Annual Processing Fees Year 1 2,424 NA NA Annual Cost Year2 2,424 NA NA Labor Costs Regular Wages Supervisor Wages Vacation Wages Workers Compensation Insurance & Claims Health & Welfare & Benefits Payroll Taxes Total Labor Costs Vehicle Related Costs Fuel Truck Maintenance Labor Tires & Tubes Parts Supplies Taxes & Licenses Other-Radio,Towing,Truck Wash,Misc. Total Vehicle Related Costs Other Costs Liability & Property Damage Insurance Non-Vehicle Related Supplies Training & Safety Programs Public Education & Promotion Uniforms Transportation, mixed paper Transportation, other plastics Other, including bin replacement & transport Total Other Costs Depreciation Container Truck & Other Depreciation Total Depreciation Management Fees Corporate Service & Development Total Cost of Operations Profit 91.5% Operating Ratio Interest Total Revenue Requirement before Commodities Revenue 48,338 3,476 1,475 3,528 14,101 4,342 75,260 8,014 12,740 2,271 2,577 92 1,666 1,829 29,189 947 135 500 8,000 351 6,304 0 4,276 20,513 14,040 16,800 30,840 945 788 157,535 14,634 13,520 185,689 49,413 3,581 1,504 3,635 14,807 4,440 77,380 8,255 13,024 2,339 2,654 95 1,716 1,883 29,966 985 139 515 4,000 361 6,304 0 4,405 16,709 14,040 16,800 30,840 940 783 156,618 14,549 10,340 181,507 06/08/95 DUFINAL2.WK4 City of Dublin Proposal for Solid Waste Franchise Detailed Financial Information 2 b. WEEKLY RESIDENTIAL RECYCLING COLLECTION (OPTION B). Estimated Residential Recycling Revenue Estimated Newspaper Tonnage Estimated Newspaper Price per ton Estimated Newspaper Revenue Estimated Corrugated Tonnage Estimated Corrugated Price per ton Estimated Corrugated Revenue Estimated Mixed Paper Tonnage Estimated Mixed Paper Price per ton Estimated Mixed Paper Revenue Estimated Glass Tonnage Estimated Glass Price per ton Estimated Glass Revenue Estimated PET Tonnage Estimated PET Price per ton Estimated PET Revenue Estimated Narrow Neck Plastics 1-7 Tonnage Estimated Narrow Neck Plastics 1-7 Price per ton Estimated Narrow Neck Plastics 1-7 Revenue Estimated Tin/BiMetal Tonnage Estimated TinlBiMetal Price per ton Estimated Tin/BiMetal Revenue Estimated Aluminum Tonnage Estimated Aluminum Pdce per ton Estimated Aluminum Revenue Estimated Total Recycling Revenue Actual Revenue Required (Total Costs less Revenue) Incremental Costs Mixed Waste Paper Plastics Total Incremental Costs Number of Units Single Family Homes Multiple Family Units Incremental Cost Per Unit per Year Final Yr 1 981 $54.00 $52,983 152 $80.00 $12,160 646 $35.00 $22,610 390 $70.00 $27,287 17 $920.00 $15,916 0 $16.00 $0 90 $50.00 $4,490 15 $1,800.00 $27,702 $163,148 $22,541 $10,162 0 $10,162 5,450 2,404 $1.29 Annual Cost Final Yr 2 981 $54.00 $52,983 152 $80.00 $12,160 646 $35.00 $22,610 390 $70.00 $27,287 17 $920.00 $15,916 0 $16.00 $0 90 $50.00 $4,490 15 $1,800.00 $27,702 $163,148 $18,359 · $9,567 0 $9,567 5,450 2,404 $1.22 06/08/95 D U F I N A L2 .WK4 City of Dublin Proposal for Solid Waste Franchise Detailed Financial Information 5. MULTI-FAMILY/COMMERCIAL INDUSTRIAL BIN SERVICE Labor Costs Regular Wages Supervisor Wages Vacation Wages Workers Compensation Insurance & Claims Health & Welfare & Benefits Payroll Taxes Total Labor Costs Vehicle Related Costs Fuel Truck Maintenance Labor Tires & Tubes Parts Supplies Taxes & Licenses Other Total Vehicle Related Costs Other Costs Liability & Property Damage Insurance .Non-Vehicle Related Supplies Training & Safety Programs Uniforms Other Total Other Costs Depreciation Container Truck & Other Depreciation Total Depreciation Management Fees Corporate Service & Development Total Cost of Operations Profit Interest Total Revenue Requirement Assumptions: Container pulls per route per day Trucks in Use 91.5% Operating Ratio 100 - 115 #1026 1990 #1116 1993 #506 1984 Annual Cost Year I Year2 115,627 15,857 13,968 9,250 38,371 11,121 204,194 120,462 16.333 14,553 9,528 40,290 11,586 212,752 20,024 85,403 11,276 7,944 267 7,929 6,466 139,309 20,626 88,975 11,615 8,180 275 8,167 6,660 144,498 9,508 676 1,038 702 6,399 18,323 9,889 695 1,068 722 6,591 18,965 10,368 31,100 41,468 2,783 2,319 408,396 37,938 17.541 463,875 10,368 31,100 41,468 2,845 2,371 422,899 39,286 11,936 474,121 White/Able FEL White/Able FEL White/Able FEL (spare) 06/07/95 DUFINAL2.WK4 City of Dublin Proposal for Solid Waste Franchise Detailed Financial Information 6. DEBRIS BOX SERVICE Labor Costs Regular Wages Supervisor Wages Vacation Wages Workers Compensation Insurance & Claims Health & Welfare & Benefits Payroll Taxes Total Labor Costs Vehicle Related Costs Fuel Truck Maintenance Labor Tires & Tubes Parts Supplies Taxes & Licenses Other Total Vehicle Related Costs Other Costs Liability & Property Damage Insurance Non-Vehicle Related Supplies Training & Safety Programs Uniforms Total Other Costs Depreciation Container Truck & Other Depreciation Total Depreciation Management Fees Corporate Service & Development Total Cost of Operations Profit 91.5% Operating Ratio Annual Cost Year 1 105,594 6,806 12,518 2,961 31,062 12,293 171,234 16,880 28,624 2,596 8,195 109 3,902 3,675 63,981 8,236 313 1,038 702 10,289 5,175 ,36,442 41,617 2,015 1,679 290,815 27,016 Year 2 110,011 7,011 13,041 3,049 32,616 12,807 178,535 17,386 29,822 2,674 8,441 113 4,019 3,785 66,240 8,566 322 1,069 723 10,680 5,175 36,442 41,617 2,052 1,710 300,834 27,946 Interest Total Revenue Requirement Assumptions: Rolloff Services/Route/Day Trucks in Use 5 #635 #1021 #350 1987 1990 1977 17,989 335,820 White/Norcal White/Norcal White/Norcal 13,152 341,932 06/07/95 DUFINAL2.WK4 City of Dublin Proposal for Solid Waste Franchise Detailed Financial Information 9. ADMINISTRATIVE DIVISION Labor Costs Regular Wages Vacation Wages Health & Welfare & Benefits Payroll Taxes Total Labor Costs Other Costs Rent Telephone Postage Non-Vehicle Related Supplies Non-Vehicle Related Taxes & Licenses Legal Fees Accounting Fees Dues & Subscriptions Advertising Office Equipment Rental Training & Safety Programs Other-Computer Systems fees Other-AutomoibleFFravel/Meals&Ent/Promotion, Etc. Other-Bad Debt/Collection Expense Total Other Costs Depreciation Building Land Improvement Furniture & Fixture Total Depreciation Management Fees Corporate Service & Development Total Cost of Operations Profit 91.5% Operating Ratio Annual Cost Year I Year 2 145,666 5,181 30,090 14,050 194,987 150,036 5,337 31,594 14,471 201,438 38,540 8,368 12,581 16,602 1,679 19,025 6,547 747 4,963 1,907 1,275 36,383 12,201 5,092 165,910 20,180 2,578 4,095 26,853 2,679 2,233 392,662 36,477 39,696 8,619 12,959 17,100 1,729 19,595 6,743 770 5,112 1,965 1,314 37,474 12,567 5,246 170,889 20,180 2,578 4,095 26,853 2,728 2,273 404,181 37,547 Interest Total Revenue Requirement Administrative Costs have not been allocated to potential service components as these costs remain fixed regardless of options selected by City. 17,372 446,511 12,902 454,630 06/07/95 D U FINAL2 .WK4 WASTE MANAGEMENT OF ALAMEDA COUNTY FINANCIAL STATEMENTS FOR THE YEARS ENDED DECEMBER 31, 1994, AND 1993 CONTENTS Independent Accountants' Report Balance Sheets Statements of Income Statements of Stockholders' Equity Statements of Cash Flows Notes to Financial Statements 1 2-3 4 5 6 7-18 INDEPENDENT ACCOUNTANTS' REPORT The Board of Directors Waste Management of Alameda County Oa'kland, California We have audited the accompanying balance sheets of Waste Management of Alameda County as of December 31, 1994, and 1993, and the related statements of income, stockholders' equity, and cash flows for the years then ended. These financial statements are the responsibility of the Company's management. Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with generally accepted auditing standards. Those standards require that we plan arid perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Waste Management of .Alameda County as of December 31, 1994, and 1993, and the results of its operations and its cash flows for the years then ended, in conformity with generally accepted accounting principles. LOMBARDI February 24, 1995 WASTE MANAGEMENT OF ALAMEDA COUNTY Balance Sheets December 31, 1994, and 1993 ASSETS Current assets: Accounts receivable: ' Trade, less allowance for doubtful accounts of $147,413 in 1994 and $271,172 in 1993 Other Rate revenue unbilled Inventories Prepaid expenses Deferred tax asset Total current assets 1994 14,964,190 3,988,066 5,359,000 1,035,906 1,982,577 1,429,685 28,759,424 1993 14,415,279 3,085,314 1,429,000 1,089,629 1,578,771 1,228,077 22,826,070 Property, plant and equipment: Land and improvements Buildings and improvements Automobiles and trucks Drop boxes and containers Machinery and equipment Office furniture Construction in progress Less accumulated depreciation 20,550,527 33,492,912 43,143,765 14,688,816 22,502,460 4,776,947 29,544,267 168,699,694 (74,933,580) 93,766,114 19,265,162 35,048,318 42,536,629 11,189,511 19,894,803 4,374,371 31,643,527 163,952,321 (71,873,179) 92,079,142 Other assets: Rate revenue unbilled Deferred charges, net of amortization Deferred landfill closing costs Restricted cash Deferred pension costs 10,420,688 3,761,674 16,808,017 4,302,999 218,274 35,511,652 11,303,895 3,090,266 13,456,727 2,936,632 · 1,370,410 32,157,930 $158,037,190 $147,063,142 The accompanying notes are an integral part of these financial statements. -2- WASTE MANAGEMENT OF ALAMEDA COUNTY Balance Sheets December 31, 1994, and 1993 LIABILITIES AND STOCKHOLDERS' EOUrlZTY 1994 Current liabilities: Bank overdraft Accounts payable - trade Deferred revenue Accrued expenses Current maturities of long-term debt Income taxes payable Total current liabilities 739,120 7,062,497 252,792 9,705,048 1,658,961 · 1.563.767 20.982,185 Other liabilities: Advance account Long-term debt, net of current maturities Landfill closing costs Deferred tax liability Pension liability 31,611,027 10,140,279 22,022,592 3,675,135 218.274 67,667,307 Stockholders' equity: Common stock Capital in excess of par value of common stock Retained earnings 12,200 335,214 69.040,284 69,387,6~8 $158.037.190 1993 $ 1,797,002 5,943,373 297,466 9,390,199 1,556,282 963,344 19,947.666 26,426,695 11,366,117 17,548,618 3,503,779 1,370,410 60,215,619 12,200 335,214 66,552,443 66,899.857 $147,063.142 The accompanying notes are an integral part of these financial statements· -3- WASTE M_&NAGEMENT OF ALAMEDA COUNTY Statements of Income For the Years Ended December 31~ 1994, and 1993 Revenue: Operating revenue Other income Costs and expenses: Operation expense Interest expense, net Income before taxes Inconle taxes Net income 1994 1993 $150,154,302 $141,289,012 348.825 403.333 150,503.127 141.692,345 144,752,082 136,786,631 1.729,692 1,457,327 146.481,774 138.243.958 4,021,353 3,448,387 1,533,512 1,129,452 $ 2..487,841 $ 2,318.935 The accompanying notes are an integral part of these financial statements. -4- WASTE MANAGEMENT OF ALAMEDA COUNTY Statements of Stockholders' Equity For the Years Ended December 31, 1994, and 1993 Capital in Common Excess of Retained Stock Par Value' Earnings Total Balance, December 31, 1992 $12,200 $335,214 $64,233,508 $64,580,922 Net income 2,318.935 2,318,935 Balance, December 31, 1993 12,200 335,214 66,552,443 66,899,857 Netincome 2.487.841 2,487,841 Balance, December 31, 1994 $12.200 $335,214 $69,040.284 $69.387.698 Par value of common stock is $1 per share. A total of 25,000 shares were authorized and 12.200 shares were issued and outstanding at December 31, 1994, and 1993, respectively. The accompanying notes are an integral part of these financial statements. -5- WASTE MANAGEMENT OF ALAMEDA COUNTY Statements of Cash Flows For the Years Ended December 31, 1994, and 1993 1994 1993 Cash flows from operating activities: Net income Adjustments to reconcile net income to net cash provided by operating activities: Depreciation and amortization Deferred taxes Changes in operating assets and liabilities: Accounts receivable Inventories Prepaid expenses Rate revenues unbilled Accounts payable Deferred revenue Accrued expenses Income taxes payable Landfill closing costs Net cash provided by operating activities Cash flows from investing activities: Purchase of property, plant, and equipment Deferred charges Restricted cash Advance account Net cash used in investing activities Cash flows from financing activities: Retirement of debt Net increase (decrease) in cash and cash equivalents Cash and cash equivalents - beginning of period Cash and cash equivalents - end of period Supplemental cash flow information: Cash paid for income taxes Cash paid for interest $ 2,487,841 10,909,949 (30,252) (1,451,663) 53,723 (403,806) (3,046,793) 1,119,124 (44,674) 314,849 600,423 1,122.684 11,631,405 (12,838,561) (908, 179) (1,366,367) 5.662,743 (9,450,364) (1,123,159) 1,057,882 (1,797,002) $ (739,120) $ 963,344 $ 3,761,823 $ 2,318,935 9,101,261 166,10~ (2,344,783) (111,927) 172,745 '255,544 1,568,319 30,306 (359,620) (416,135) 2.952,057 13,332,810 (30,995,702) (1,862,835) (709,070) 21.102,967 (12.464,640) (1,495,142) (626,972) (1.170.030) $(1,797.002) $1,379,479 $ 3,481,751 The accompanying notes are an integral part of these financial statements. WASTE MANAGEMENT OF ALA1MEDA COUNTY Notes to Financial Statements December 31, 1994, and 1993 1. Summarv of significant accounting policies Business Waste Management of Alameda County (the Company) is engaged in solid waste collection, disposal, and recycling business in Alameda County. The Company was acquired by WMX Technologies, Inc. in 1986 and operates as a wholly-owned subsidiary. Reclassifications Certain items in the December 31, 1993, financial statements have been reclassified to conform with the December 31, 1994, presentation. Advance account has been reclassified to other liabilities to more accurately reflect the non- current nature of this liability. Cash and cash equivalents For purposes of the Statements of Cash Flows, the Company considers all highly liquid short-term instruments as well as any accounts in an overdraft position to be cash and cash equivalents. Inventories Inventories of truck parts, recycled materials, and fuel are valued at the lower of cost or market on the first-in, first-out basis. Obsolete inventory is reduced to net realizable value. Property, plant, and equipment Property, plant, and equipment are carried at cost. Expenditures for maintenance, repairs, renewals, and improvements which do not significantly extend the useful lives of assets are charged to earnings as incurred. Automobiles, trucks, and equipment are depreciated by the declining balance and straight-line methods. The straight-line method is used for buildings and improvements. Depreciation charged to operations was $10,227,594 and $8,446,944 for the years ended December 31, 1994, and 1993, respectively. Useful lives in years are as follows: 7 WASTE MANAGEMENT OF ALAMEDA COUNTY Notes to Financial Statements December 31, 1994, and 1993 1. Summary of significant accounting policies (continued) Property, plant, and equipment (continued): Buildings and improvements Automobiles and trucks Drop boxes and containers Machinery and equipment Office furniture 10 to 40 8 10 51o 10 51o 10 Construction in progress includes costs incurred on land improvements, building improvements, and land fill cell development. Interest is capitalized on these projects during the construction period at the Company's borrowing rate. Total capitalized interest was $1,718,655 and $1,515,964 for the years ended December 31, 1994, and 1993. Revenue Revenue includes billings to customers, revenue earned but not yet billed to customers, and changes in regulatory balancing accounts. These revenues give rise to customer receivables primarily from the collection, recycling, and disposal of. municipal solid waste from a diversified base of customers including residential, commercial and industrial customers in Alameda County. Income taxes The deferred income taxes in the accompanying financial statements reflect the temporary differences in reporting results of operations for income tax and financial accounting purposes. These temporary differences involve employee benefits, accelerated depreciation, deferred charges, and allowance for doubtful accounts. 2. Franchise ao_.reements The Company has twelve jurisdictional contracts providing the right to exclusive collection and disposal service in these jurisdictions. Revenues realized under these contracts comprised 85% and 88% of total revenues for the years ended December 31, 1994, and 1993, respectively. One of these contracts expires in April of 1996, and the remainder expire between 2000 and 2005. WASTE MANAGEMENT OF ALAMEDA COUNTY Notes to Financial Statements December 31, 1994, and 1993 2. Franchise agreements (continued) Nine of these jurisdictions have entered into a joint powers agreement to oversee the Company's rate-setting process. Management annually submits an application to the Joint Refuse Rate Review Committee (JRRRC) which reviews and recommends rates to each member jurisdiction. The JRRRC sets the rate of after-tax profit allowed for the operations which it regulates. For the year ended December 3 I, 1994, the JRRRC set regulated profits using a pre-tax operating ratio of 91.6% of allowed expenses. Prior to 1994, allowed profits were based on a rate of return-on-equity. For the year ended December 31, 1993, the rate of return on equity was 10.0%. The Company entered into a new franchise agreement with the City of Livermore, effective July 1; 1993. This agreement provides the fight to exclusive collection, recycling, and disposal service through June 30, 2000, with an option to extend up to 36 months. Allowed profit is calculated on a pre-tax operating ratio basis at a rate of 92.5% of allowed expenses. Pre-tax profit allowed under this contract amounted to $498,003 and $255,544 for the twelve months ended December 31, 1994, and 1993, respectively. The Company's franchise agreements with the cities of Fremont, Newark, and Union City expired as of August 31, 1994. Revenues earned under these contracts during 1994 were $12,608,994, $4,350,921, and $5,768,103 from Fremont, Newark, and Union City, respectively. The Fremont contract was awarded to another company. Newark continues to receive services from the Company under the terms and conditions of the prior contract and is negotiating a new contract with the Company effective April 1, 1995. Union City executed a new contract with the Company effective January 1, 1995. The provisions of Statement of Financial Accounting Standards No. 71, "Accounting for the Effects of Certain Types of Regulations" requires that those revenues allowed under the rate-making process be recognized as earned income in the current period. Any differences between allowed revenues and actual revenues are accumulated as "rate revenue unbilled." Service rates are adjusted to equalize billed revenues with allowed regulatory revenue requirements. As a result of this process, the Company's revenue increased $1,026,589 and decreased $255,544 for the years ended December 31, 1994, and 1993, respectively. -9- WASTE MANAGEMENT OF ALAMEDA COUNTY Notes to Financial Statements December 31, 1994, and 1993 3. Deferred char.es Deferred charges, net of amortization consist of the following: Cost of long-term contracts Financing costs' Recycling program start-up costs Covenant not to compete Goodwill Other 1994 1993 $ 215,652 $ 273,159 189,533 221,121 605,765 1,133,895 195,000 200,000 1,715,272 835,257 840,456 426.834 $3,761.678 $3.090.266 Remaining Period of Amortization 8 years 10 years Life of program 4 years 40 years Amortization expense amounted to $682,355 and $654,317 for the year~ ended December 31, 1994, and 1993, respectively. 4. Accrued landfill closure and post-closure costs The Company has projected that the costs of closure and post-closure monitoring at the Tri-Cities and Altamont landfills (Fill Area 1 ), in accordance with regulatory requirements, will approximate $24.5 million and $37.4 million, respectively. Altamont closure costs relate to Fill Area 1 only -- additional fill areas are expected to be permitted. The closure costs will be incurred at the point in time when landfill capacity has expired; post closure monitoring costs will be incurred for a period of up to 30 years after land fill closure. Current estimates of available capacity and projected volume put the closing date of Tri-Cities landfill at 2001. Fill Area 1 of the Altamont landfill is expected to close in 2005. Estimates for closure and post-closure monitoring are revised each year to reflect changes in California and federal environmental regulations, as well as changes in anticipated costs to meet those regulations. Following is a table of the estimates oflandfill closure and post-closure costs: - 10- WASTE MANAGEMENT OF ALAMEDA COUNTY NOtes to Financial Statements December 31, 1994, and 1993 4. Accrued landfill closure and post-closure costs (continued) Tri-Cities: Closure Post-closure Total Tri-Cities Altamont: Closure Post-closure Total Altamont Total closure and post-closure 1994 1993 $ 8,154,400 $ 7,191,000 16,309,300 15,658,000 24,463,700 22,849,000 17,289,100 19,306,000 20,137,900 17,763,000 37,427.000 37,069,000 $61.890.700 $59,918.000 It is the Company's policy to accrue closure and post-closure monitoring costs on a per ton basis, based on total projected costs and the site capacity remaining. Changes in the accrual rate due to cost projection or site capacity changes are adjusted prospectively as long as the costs are recoverable .through future revenues. Total closure and post closure expenses recognized in the years ended December 31, 1994, and 1993, were $3,3 13,477 and $2,952,057, respectively. The IRRRC allowed the Company's accruals to be absorbed under the rate structure for the first time in 1993. The Company entered into agreements with several franchises within the JRRRC, which use the Altamont landfill, requiring that funds collected under the rate structure for closure and post-closure costs be set aside in escrow accounts. Funds collected and set aside for closure and postzclosure were $2,080,599 and $711,832 as of December 31, 1994, and 1993. These funds are included in restricted cash. Similarly, a trust fund was established in 1983 for Tri-Cities closure and post-closure costs, which is under the custody of those' cities using the facility. As of December 31, 1994, the off-balance sheet trust fund had $5,398,000 available for closure and post-closure liabilities at the Tri-Cities landfill. Prior closure and post-closure accruals by the Company through December 31, 1992, were not passed through the rate structure and have been recorded as deferred landfill closure costs. Similarly, in 1994, $2,710,000 was accrued and added to deferred landfill closing costs to reflect the liability of Tri-Cities up to the August 31, 1994, franchise expiration. It is management's position that the responsibility for funding the closure and post-closure monitoring of the landfill lies with the ratepayers. The deferred costs will be amortized as the rate structure allows closure and post closure expenses. -11- WASTE MANAGEMENT OF ALAMEDA COUNTY Notes to Financial Statements December 31, 1994, and 1993 5. Income taxes Income tax provisions for the years ended December 31, 1994, and 1993, are comprised of the following: Federal current State current Federal and state deferred 1994 1993 $1,173,190 $ 676,985 390,574 286,359 (30.252) 166,108 $1.533.512 $1,129,452 The deferred income taxes reflect the temporary differences in reporting results of operations for income tax and financial accounting purposes. These deferred tax assets (liabilities) include the following: Current deferred taxes: Employee benefits Allowance for doubtful accounts Noncurrent deferred taxes: Accelerated depreciation Deferred charges 1994 1993 $ 1,259,873 $1,116,762 169,812 111,315 $ 1,429,685 $1.228.077 $(3,370,107) (305,028) $(3.675.135) $(2,869,443) (634,336) $(3.503,779) The effective income tax rate at December 31 was 38.1% in 1994 and 32.8% in 1993. These rates differ from the statutory rates of 35% in 1994 and 1993, because of state income taxes, certain energy credits, and minor permanent differences. 6. Lon~-term debt Notes payable to former shareholders (unsecured) in various monthly installments plus interest accrued on unpaid principal at 7% - 9% per annum. These notes represent the financing of common stock purchased. 1994 1993 $ 864,016 $ 1,122,399 -12- WASTE MANAGEMENT OF ALAMEDA COUNTY Notes to Financial Statements December 31, 1994, and 1993 6. Lon~-term debt (continued) 1994 1993 Notes payable for trucks (secured by property purchased at 9.12% - 9.5%). $ 455,224 $ Obligations under California Pollution Control Financing Authority, Pollution Control Revenue Bonds, 1979 Series A at 8% (see below): Less current maturities of long-term debt 10,480,000 11,800,000 11,799,240 12,922,399 1.658.961 1,556,282 $10.140.279 $11.366.117 The anticipated principal payments required on the Company's long-term debt during the next five fiscal years and thereafter are: 1995 $1,658,961 1996 $1,780,210 1997 $1,884,766 1998 $1,947,297 1999 $2,061,622 Therea~er $2,466,384 In February, 1979, the California Pollution Control Financing Authority issued and sold $I 8,620,000 of Pollution Control Revenue Bonds (Oakland Scavenger Company Solid Waste Disposal Project 1979 Series A). The proceeds from the sale financed the construction of the Company's Solid Waste Disposal Transfer Station complex and the purchase of related machinery, equipment, and specialized transfer vehicles. Security for this financing is provided by liens upon the transfer station, certain real property operated as a sanitary landfill, the transfer vehicles, certain other equipment acquired, and certain accounts receivable. The bonds are subject to quarterly sinking fund payments equal to one-fourth the annual amount payable as principal plus interest. Bond retirements were $1,320,000 and $1,225,000 for the years ended December 31, 1994, and 1993, respectively. The Companyis required to maintain a bond reserve fund in a bank in the amount of the maximum annual debt service which was $2,222,400 at December 31, 1994, and $2,224,800 at December 31, 1993. -13- WASTE MANAGENIENT OF ALAMEDA COUNTY Notes to Financial Statements December 31, 1994, and 1993 6. Long-term debt (continued) There are other covenants associated with the Secured Note Indenture such as maintenance of certain balance sheet ratios and limits, limitations on additional indebtedness which must meet historical and projected debt service tests, availability of net revenue for debt service, a debt coverage provision, operating equipment replacement covenant, and a shareholder distribution covenant. The Company was in compliance with all covenants as of December 31, 1994, and 1993. 7. Pension plans The Company makes contributions to five separate pension plans. Three of these plans are union sponsored, collectively bargained, multi-employer pension plans. One plan is a Company sponsored defined benefit plan covering eligible non- union clerical and management personnel hired prior to January 1, 1988. The remaining plan is a defined benefit pension plan sponsored by the Company's parent, covering eligible non-union employees hired on January 1, 1988, and thereafter. The multi-employer pension plan provides retirement, death, and termination benefits for the union members it'represents. The Company's contributions to multi- employer pension plans for years ended December 31, 1994, and 1993, were $3,564,956 and $3,437,942, respectively. The Company sponsored defined benefit pension plan provides retirement, termination, and death benefits based on the employee's years of service and compensation. The Company's funding policy is to fund annually the maximum amount that can be contributed for federal income tax purposes. Net annual periodic pension expense for 1994 and 1993 included the following components: Service costs-benefits earned during the year Interest cost on projected benefit obligation Return on plan assets (gain)/loss Net amortization and deferral Net periodic pension expense 1994 $ 465,861 279,891 158,376 (338.842) $ 565.286 1993 $ 358,3 16 249,215 (362,250) 283.795 $ 529.076 - 14- WASTE MANAGEMENT OF ALAMEDA COUNTY Notes to Financial Statements December 31, 1994, and 1993 7. Pension plans (continued) Assumptions used in accounting for the pension plan are as follows: Discount rates Average rate of increase in compensation levels Expected long-term rate of return on assets 1994 7.25% 4.00% 7.75% 1993 5.75% 4.00% 7.75% The following table sets forth the plan's funded status and the amount recognized in the Company's balance sheets at December 31, 1-994, and 1993: Actuarial present value of benefit obligations: Vested benefits Non-vested benefits Accumulated benefit obligations Plan assets at fair value Projected benefit obligation in excess of plan assets Unrecognized net gain (loss) Prior service cost not yet recognized Unrecognized transition obligation being recognized over a mini~num of 14 years Pension plan liability 1994 1993 $3,816,229 $4,414,085 312.805 507.528 4,129,034 4,921,613 3,643.126 3.435,015 (485,908) (1,486,598) (591,222) 593,237 715,163 665,468 94.333 111.705 $ (267.634) $ (116.188) Pursuant to the provisions of Statement of Financial Accounting Standards No. 87, the Company has recorded an adjustment to recognize a minimum pension liability in the amount of $218,274 and $1,370,410 as of December 31, 1994, and 1993, respectively. A corresponding, offsetting noncurrent asset, "Deferred Pension Costs," has been recorded in other assets. The Company makes contributions to the plan sponsored by its parent at a rate of 3.5 percent of gross salary of the participating employees. The funding policy of the plan is to contribute annually the maximum amount that Can be contributed for federal income tax purposes. The Company's contributions to this plan xvere $225,761 and $195,425 for the years ended December 31, 1994, and 1993, respectively. -15- WASTE MANAGEMENT OF ALAMEDA COUNTY Notes to Financial Statements December 31, 1994, and 1993 8. Operating leases The Company leases a recycling facility and certain data processing equipment under operating leases expiring at various dates through April of 2000. Minimum lease commitments for the next five years and thereafter are as follows: 1995 $444,640 1996 $458,640 1997 $244,520 1998 $260,020 1999 $268,800 Thereafter $ 91,600 Rent expense under operating leases was $43 1,440 and $493,089 for the years ended December 31," 1994, and 1993, respectively. 9. Related party transactions WMX Technologies, Inc. provides certain management, administrative, engineering, and chemical waste disposal services to the Company. Charges for these services amounted to $4,426,986 and $5,597,845 at December 31, 1994, and 1993, respectively. Advance account represents intercompany charges and credits involving cash transfers and other transactions between the Company, WM2X Technologies, Inc., and other affiliates. The advance account bears interest at a rate of 5.76%. The Company was charged net interest expense of $2,5 13,5 13 and $2,343,970 for the years ended December 31, 1994, and 1993, respectively based on a combination of its net tangible assets and its advance account balance. 10. Statement of cash flows disclosure Non-cash operating transactions for the years December 31, 1994, and 1993, are as follows: The Company accrued landfill closing costs and charged deferred landfill closing costs in the amount of $3,351,290 for the year ended December 31, 1994. See discussion in Note 4. -16- WASTE MANAGEMENT OF ALAMEDA COUNTY Notes to Financial Statements December 31, 1994, and 1993 10. Statement of cash flows disclosure (continued) Certain deferred charges totaling $478,411 were transferred to the Company's parent through the advance account. The pension liability and corresponding deferred pension cost were reduced by $1,152,136 and $289,174 during the year ended December 31, 1994, and 1993. See discussion in Note 7. Certain non-franchised fixed assets acquired in an asset purchase transaction were revatued during 1994 resulting in an increase to goodwill and reduced fixed asset cost amounting to $923,995. 11. Legal and regulatory matters The Company is involved in a dispute with the Department of Toxic Substances Control 0DTSC) regarding the 1985 closure and termination of a hazardous waste permit. The Company has provided the DTSC with documentation supporting the position that the hazardous waste area was properly closed and the permit effectively terminated. DTSC has not taken a final position. IfDTSC attempts to assess civil penalties for failure to properly close a hazardous waste site, the Company would vigorously contest the claim. During 1994, an Oakland recycler filed a $36 million anti-trust suit against WMX Technologies, Inc. and the Company. The recycler claims that actions by the Company forced the recycler out of business. Management believes that the claim is without merit and intends to contest it vigorously. This litigation is in the preliminary stages. On April 3, 1994, Zephoria Smith filed a lawsuit against the Company alleging discrimination and various other claims as a result of her termination on April 15, 1993. The plaintiff seeks approximately $750,000 in unspecified damages. Management believes this claim is without merit and intends to contest it vigorously. On June 10, 1994, Louis and Eleanor Appling filed a lawsuit against the Company alleging fraud, breach of contract, and various other claims with regard to a recycling materials processing subcontract. The plaintiffs seek general and special damages in excess of $1 million and unspecified punitive damages. Management believes this claim is without merit and intends to contest it vigorously. -17- WASTE MANAGEMENT OF ALAMEDA COUNTY Notes to Financial Statements December 31, 1994, and 1993 11. Legal and regulatory matters (continued) In the ordinary course of conducting its business, the Company becomes involved in other lawsuits and administrative proceedings. Some of these proceedings may result in fines, penalties or judgments being assessed against the Company which, from time to time, may have an impact on earnings. It is the opinion of management that the aforementioned proceedings, individually or in the aggregate, will not have a material adverse effect on the Company's financial position.. -18- Z m m d~ Exceptions to Proposed Business Terms and Conditions in the Draft Franchise Agreement Livermore Dublin Disposal does not have' any exceptions .to the pr. oposed terms knd conditions as outlined in the Draft Franchise Agreement: We anticipate that additional items may come up for discussion during negotiation of'a final contract,. and we would be happy,' to. respond to such items at that time. /~ Livermore Dublin Disposal ~/ . Proposal "13 "I:3 rn Z ITI ".: ATTACHMENT 5 "ANTI-COLLUSION AFFIDAVIT ]anuary 2,5, 1.995 T~e foUoWing ANTI-COLLUSi0N AFFIDAVIT Att. achment 5 affidavit is submitted by Proposer aS a.part of this proposal:. The .undersigned deponent,· of lawful age, being duly sworn, upon his' oath deposes and 'says: that he has' lawful.authority to execute the within'and foregoing proposal; that he ,has executed the same by subscribing his' name hereto under Oath for and on behal~ of said ' proposer; that propose has not directly or indirectly. entered into any agreement, express or implied, with any proposer or proposers, having for its object the controlling of the price or mount of such proposal or proposals, the limi~g of the proposals or proposers, the parceling or farming out t0 any proposer or proposers. or other persons of any. part of' the contract or any part of the subject matter of the proposal or 'propoSals or of the profits thereof, and that he has:not and will not divulge the sealed proposal to any ,person whomsoever, except those having a partnership or other finandal interest with him in said proposal or proposals, until after the said sealed proposal or proposals are opened. Deponent b.u'ther states that the proposer has not been a party to any collusion among proposers in restraint of freedom of competition; by agreement to-make a proposal at a fixed price or to refrain. from submitting a proposal; or with any state' offidal or .employee as to quantity, 'cluality, or .price in the prospective contract; or in any ai-~cussions between proposers and'any City official concerning exchange of money or other things of value for sped .al consideration in the letting of a contract; that the proposer/cOntractor has not paid, given or donated or agreed to pay, give or donate to any offidal, officer .or employee of the City directly or indirectly, in the procuring of the award of contract pursuant to .this proposal.' Executed' under penalty of perjury on this '2 ~ day of ~cLb , q-5"' at SIGNED Name of Prop0"~r Subscribed and sworn to before me this ~/dayof. · qS','at My Commission expireS: -~- .- · Notary Public .. Ianuary 2,5, i995 · 2' 'ATTACH1VIENT'6. ~O.c~Rz'tnC~O'N January 2.5, 1995 Attachment6 NOTICE THIS COMPANY IS AN EQUAL OPPORTUNITy EMPLOYER Bidders are required to accept the following operating policy for Equal Employment submit their own. 'Zt'is the policy of this Company to assure that applicants are employed and that. employees are treated during employment without regard to their race, religious creed, Color, sexi age, national origin or ancestry. Such action shall include but not be limited to~ · employment upgrading, demotion or transfer, recruitment or recruitment advertising, lay-off or termination; rates'of pay.or other forms .of: compensation; and selection for trig, including apprenticeship; 'pre-apprenticeship training' and on-the-job training." Tif. le~ Signabn"e January' 2,5, 1995 1 [: [. [. I' ATTACHMENT7 NOTARY'$' CERTIFICATION' STATE OF CA~TF:ORNIA) NOTARY'S CERTIHCATION. · Attachment 7 ) SS: O~ ~/~,~/q5~ , before.me, the' undersigned, a-Notary PubH~ in and for 'the State of California, personally appeared ' ' I)d'~q .' {3~F ,e ~'- ~o~'d ,',/-e r'~ cc e- ' ~ blo;~' O,L~l?csc,! O d,i,,,'s'~-,, QL Id.,:, ~ ~,"./g~,~,~,-,,~--',r~oy/s,r-//~,,~;~,rli~c~, known to me to be . insmgnent 'on behalf of the Proposer thefeLt( named,.' and a. cknowledged to me that such Proposer executed ~e same. " : . IN WrTNESS WEEREOF, I have hereunto set my. hand and aHixed my official seal in the County of '010 ,~,e-cto·tms ~ day of- i ' Co~nm, ~ ~73280 Nol/ary Public Ianuary 7 7.5, 1995 CALIFORNIA ALL-PURPO,~ ~CKNOWLEDGMENT No 5<907 State o.f C0,11' C-0 r' btJ i-(,:f DATE personally appeared NAME. TITLE OF OFFICER - E,G.. 'JANE DOE. NOTARY PUBLIC" NAME(S) OF,, SIGNER(S) , [] personally known to me - OR - ,,~ proV'ed to me on the basis of satisfactory evidence to be the p'erson,(~ whose nameJ, l~')'i__s/are subscribed to the within instrument and' ac- · ·' knowledged to me that he,~she/they executed the same in his/he'F/their. a'uthorized capacity(-i-2-s'),. and that: by '.hi.._.s/he.r/their signatureCt) on the instrument the person(st, · or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS' my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law.' it may fraudulent'reattachment of this form.-.- CAPACITY CLAIMED BY SIGNER : INDIVIDUAL CORPORATE OFFICER TITLE(S) [] PARTNER(S) [] LIMITED' [] GENERAL [] A'FI'ORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: arove valuable to persons relying on the document and cou_ld preven,t DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES - DATE OF DOCUMEI',/T SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYdES) : . .' /,7/,~~ )~ · . , ,_ ©I ~)~3 NATIONAL NOTARY ASSOCIATION · 8236 Rernmet Ave..' P.O. Box 7184 · Canoga Par~, CA 91309-7184 EXHIBIT 2 PUBLIC FACILITIES Iune 13, 1995 CITY OF DUBLIN Exhibit 2 EXHIBIT 2 Services to be provided to the City of Dublin pursuant to Section 4.1.4 "City Facilities Collection," The City shall reserve the right to request the elimination of free services at any of the locations through a written request by the City Manager and/or Designee. As agreed by Contractor, City may also request a change in container size or frequency at the locations listed. In addition, Contractor shall agree to extend similar services to an which the City may add or acquire during the term of this Agreement. The following are all locations where government activities are taking place. (A) PUBLIC SIDEWALK LITTER CONTAINERS Dublin Boulevard 1 can South Side at Dublin Court 1 Can 1 can 1 can 1 can 1 can 2 cans 2 cans North Side west of Dublin Court (Pak N Save Entrance) North Side at DSRSD offices South Side east of Village Pkwy. (McCloud's Pet Emporium) South Side east of Village Pkwy. (Carl's lr.) South Side west of Golden Gate (Great Western) North Side west of Golden Gate (Montgomery Ward) South Side east of Regional (Burger King) Village Parkway CaD. Can call Can can East Side north of Lewis (Midas Muffler) West Side south of AVB (Oil Changers) East Side north AVB (AM/PM) East Side north of Brighton (DHS) West Side south of Davona (opp. Swim Center) (B) GREEN WASTE 5600 Scarier Court (Corporation Yard) and as arranged at park location with City Staff. Annual leaf dean-up at Heritage Center (Donlon Way). (C) SPECIAL EVENTS (a) St. Patrick's Day Festival and as arranged by City Staff. (D) PARK LITTER CONTAINERS (No individual collection at this time) - See Section (A) above, or waste is transported to Corporation Yard by Maintenance Contractor. June 13, 1995 (E) SERVICES TO CITY FACILITIES Garbage Collection Ouantity 1 1 1 2 1 1 2 1 Service-Weekly 3 yard bin 6 yard bin 2 yard bin 4 yard bins 4 yard bin (on wheels) 3 yard bin 4 yard bins 4 yard bin Location 7494 Donahue (Fire Station No. 1) Dublin Sports Ground 8151 Village Parkway (Valley Swim Center) 11600 Shannon Ave. (Shannon Park & Community Center) Scarlett Ct. Terminus (City Corporation Yard) 7437 Larkdale Avenue (Dublin Senior Center) Dublin Blvd. @ Sierra Ct. (Civic Center) 6600 DonIon Way (Heritage Center) Office Paper Recycling Civic Center (office paper) Shannon Center (office paper/newspaper) Iune 13, 1995 EXHIBIT 3 INITIAL RATES lune 13, 1995 II. DRAFT 6/1/95 PROPOSED EXHIBIT A CITY OF DUBLIN RATES FOR GARBAGE COLLECTION & DISPOSAL SERVICES CONDUCTED PURSUANT TO A FRANCHISE AGREEMENT BETWEEN THE CITY OF DUBLIN AND WASTE MANAGEMENT OF ALAMEDA COUNTY EFFECTIVE DATE The rates shown for the collection of refuse within the City of Dublin are effective as stated within each section of this Exhibit. All rates shall be effective January 1, 1996. RESIDENTIAl, SERVICE A, Minimum Residential Collection Cost Minimum residential service shall apply separately to each unit within a duplex or other attached housing, which receives individual garbage collection services. The rates shown below shall apply to the initial 35 gallons of garbage capacity, including once per week collection and disposal. Additional services described in Section II (B) are also provided as part of the minimum service. 35 gallon Company provided automated container Monthly Cost $ 9.50 Additional Services Provided to Residential Customers 1) Annual Clean-ups (Agreement Section 4.1.6) The above rates shall include three (3) annual residential cleanups. Dates of said clean-ups shall be at the discretion of the City upon reasonable notice to the Company. The rules regulating the special clean-up shall be approved by the Contractor and the City Manager or his/her designee. The provision of these services shall comply with Section 4.1.6 of the Agreement between Company and City. 2) Residential Recycling (Agreement Section 4.2.2) The residential Basic Services shall include weekly curbside recycling in accordance with Section 4.2.2 of the agreement between Company and City. Full implementation of recycling materials collection shall be on or before September 11, 1995, unless otherwise agreed by City. 3) Green Waste (Agreement Section 4.3.1) In accordance with Section 4.3.1 of the Agreement between Company and City, weekly curbside collection of green waste is included as a Basic Service. Collection shall include a company provided 64 gallon container. Full implementation of this service shall occur on or before January 8, 1996, unless otherwise agreed by City. Payment and Billing for Minimum Residential Service City shall make arrangements to collect assessments on the property tax bill for all services identified in Section A above. Further, payment for said services shall be made to Company by City pursuant to agreements and ordinances regulating solid waste collection. City may subsidize the cost of services with funds other than those collected on the property tax. D, Additional Garbage Collection/Disposal Capacity Residents may obtain additional garbage collection/disposal capacity beyond those provided in Section A above. Company shall be responsible for billing and collection of fees for the additional capacity. The following represents the incremental charge for additional capacity: Total Can Size Additional Capacity (Additional + Basic) Additional Monthly Gallons (Section D + A) Charge billed by Company 29 64 gallon $7.50 61 96 gallon $15.00 96 (I) 35 Sat + (1) 96 gal $22.50 125 (1) 96 gal + (1) 64 gal $30.00 157 (2) 96 gal $37.50 Each additional increment shall be $7.50 per month. DRAFT 6/1195 -I- III. IV. E, Special Services Large accumula' : $9.80 per cubic yard Special Pick-upS~ $12.00 minimum per pick-up DESIGNATION OF POINT OF COLI,ECTION For Single Family Residential Service, the above rates shall be for curbside semi-automated garbage and Green Waste collection. The Curbside Residential Recycling Program requires that containers be placed in a location which can be easily seen and readily accessible, within five feet from the curb. Company shall provide containers for garbage, green waste and recycling services in accordance with Agreement between City and Company. COMMERCIAl, AND MULTIFAMII,Y BIN SERVICE The following rates include collection, disposal, and bin rental at commercial establishments and multifamily projects serviced by centralized bins. The rates shown are for a monthly period. All charges are based upon bins being filled no higher than water level. The Total Rates shall be effective for all billings issued as of January 1, 1996. Excess rate for waste which exceeds water level: $9.80 per yard. COMMERCIAL RATE/CUBIC YD $29.15 Frequency Factor $7.20 PROPOSED 1996 Rate Sized#YARDS # Times/Wk I 1 1 2 1 3 1 4 1 5 TotalPer Month $29.15 $65.50 $101.85 $138.20 $174.55 2 1 2 2 2 3 2 4 2 5 $58.30 $123.80 $189.30 $254.80 $320.30 3 I 3 2 3 3 3 4 3 5 $87.45 $182.10 $276.75 $371.40 $466.05 4 1 4 2 .4 3 4 4 4 5 $116.60 $240.40 $364.20 $488.00 $611.80 6 1 6 2 6 3 6 4 6 5 $174.90 $357.00 $539.10 $721.20 $903.30 7 I 7 2 7 3 7 4 7 5 $204.05 $415.30 $626.55 $837.80 $1,049.05 DRAFT eI~5 ~2- V, Commercial Can S,~k-vice Commercial loci ~ unable to accommodate a commercial L at with volumes deemed insufficient to utilize a commercial bin may subscribe to service on a per container basis shall be charged the following monthly rates according to the size of the container serviced. The following rates are effective January 1, 1996: Monthly Cost 35 Gallon container (Standard Container) $ 8.00 64 Gallon container (Oversized Container) $14.60 96 Gallon container (Oversized Container) $21.95 Multi-Family Recycling Service Multi-Family Rates for Recycling are charged by the Company on the number of units located in the complex. ' Monthly Cost $0.50 per unit HANDY HAULER The following rates apply to the collection of a 4 cubic yard Handy Hauler Collection Bin, and are effective January 1, 1996. Total Cost for Placement, One Week Bin Rental & Disposal of Container filled no higher than water level $50.00 Rental Cost beyond first week $10.00 per week Cost for Additional Dump $39.00 Excess Charge for Bin Filled higher than water level $9.80 per yard DROP BOX The following rates shall be charged for drop box services rendered. The cost shall be on a per pick-up basis and costs are based upon the load not exceeding the water level. Certain miscellaneous charges as noted in subsection (H) may also apply. A, 6 Cubic Yard Container (Dirt/Rock/Debris) The pick-up cost of this container shall be the same as the 14 yard container due to the weight accommodated. Proposed $137.10 14 Cubic Yard Container Base = $9.80/cubic yard $137.10 C, 20 Cubic Yard Cottrainer Base = $9.80/cubie yard $195.80 30 Cubic Yard Container Base = $9.80/cubie yard $293.75 40 Cubic Yard Container Base = $9.80/cubic yard $391.65 F, Excess Rate Per Cubic Yard If container loaded above water level. $9.80 Compacted Rate Per Cubic Yard For service and collection of compacted materials, the total rate shall include cubic yard rate. $19.60 DRAFT 6/1/95 -3- Miscellaneous. Charges The following charges are in addition to the container charges describ,-cl above. , 2. Initial Placement Charge $23.00 3. Weekly Container Rental Fee Beyond 1st Week Daily Container Rental Fee After First Week $2.00/day* 5. Stand-by Time $80.00 per hour 6. Relocation Fee $35.00 per request ' 7. Cancellation of Automatic Collection without 24 hours notice $14.00' $45.OO *Note: Container rental charges are waived if the following service frequency is maintained: Service Level Frequency 6 yard/l 4 yard/20 yard 4 pulls/month 30 yard 3 pulls/month 40 yard 2 pulls/month g = finance\psr\eacb=aga3. doc DRAFT 6/I/95 ., --4- EXHIBIT 4 FAITHFUL PERFORMANCE BOND J'une 13, 1995 Exhibit 4 Company's Faithful Performance Bond KNOW ALL MEN BY THESE PRESENTS: That , a California , as PRINC]ZPAL, and · a Corporation organized and doing business by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, as SURETY, are held and firmly bound to City, hereinafter called OBLIGEE, in the penal sum of One Million and No/100 Dollars ($1,000,000.00) lawful money of the United States, for the payment of which, well and truly to be made, we and each of us hereby bind ourselves, and our and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHEREAS, the above bounden PRINCIPAL has entered into a contract, entitled 'COLLECTION, PROCESSING, DIVERSION AND DISPOSAL OF SOLID WASTE" with City, to do and perform the following work, to wit: Collect Solid Waste generated within City, in accordance with the contract. NOW, THEREFORE, if the alSove bounden PR/NCIPAL shall well and truly perform, or cause to be performed each and all of the requirements and obligations of said contract to be performed by said PRINCIPAL, as in said contract set forth, then this BOND shall be null and void; otherwise it will remain in full force and effect. And the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, said PRINCIPAL and said SURETY have caused these presents to be duly signed and sealed this DAY OF ,199_. a California Corporation SURETY By: By: (PRINCIPAL) (SEAL) (ATTORNEY IN FACT) (SEAL) June 13, 1995 EXHIBIT 5. NOTARY CERTIFICATION Iune 13, 1995 NOTARY CERTIFICATION Exhibit 5 STATE OF CALIFORNIA) COUNTY OF ) ss: On , , before me, the undersigned, a Notary Public in and for the State of California, personally appeared , known to me to be the of Proposer that executed the within instrument on behalf of the Proposer therein named, and acknowledged to me that such Proposer executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offidal seal in the County of this day of , __ My Commission Expires: Notary Public June 13, 1995 EXHIBIT 6 CALCULATION OF COMPANY'S COMPENSATION FOR 18-MONTH PERIOD ENDING JUNE 30, 1997 lune 13, 1995 CALCULATION OF COMPANY'S COMPENSATION FOR 18-MONTH PERIOD ENDING JUNE 30, 1997 Year I Annual Cost per Company Proposal Less: One (1) Annual Clean-up Green Waste Vehicle Depredation ($198,900/8 years) Green Waste Container Depredation ($287,100/10 years) Interest on Green Waste Vehicle and Containers Profit on Green Waste Vehicle and Containers Adjusted Year 1 Cost Add: City Franchise and Administrative Fees @ 14.6% Total Year 1 Company Compensation Year 2 Annual Cost per Company Proposal Less: One (1) Annual Clean-up Green Waste Vehide Depredation ($198,900/8 years) Green Waste Container Depredation ($287,100 / 10 years) Interest on Green Waste Vehicle and Containers Profit on Green Waste Vehicle and Containers Adjusted Year 1 Cost Add: City Franchise and Administrative Fees @ 14.6% Total Year 2 Company Compensation One-Half Total Year 2 Company Compensation Initial Eighteen (18) Month Company Compensation $2,557,328 (20,000) (24364) (28,710) (31,971) (4,976) $(110,521) $2,446~807 418,307 $2,576,944 (20,000) (24~S64) (28,710) (25,983) (4,976) $(104,533) $2,472,411 $422,684 $2,895,095 Exhibit 6 $2,865,114 $1,4473~-8 $4,312,662 1une 13,1995 EXHIBIT 7 CALCULATION OF COMPANY'S COLLECTION COMPENSATION FOR 12-MONTH PERIOD ENDING JUNE 30, 1998 Iune 13, 1995 Exhibit 7 CALCULATION OF COMPANY'S COLLECTION COMPENSATION FOR 12-MONTH PERIOD ENDING JUNE 30, 1998 Year 2 Annual Cost Before Disposal Expense per Company's Proposal $2,000,563 Less: One (1) Annual Clean-up Green Waste Vehicle Depredation ($198,900/8 years) Green Waste Container Depredation ($287,100/10 years) Interest on Green Waste Vehicle and Containers Profit on Green Waste Vehicle and Containers (20,000) (24~) (28,710) (25,983) (4,976) $(104,533) Adjusted Year 2 Annual Cost Before Disposal Expense $1,895,830 Multiplied by One-Half '1/2 First Half Adjusted Year 2 Annual Cost Before Disposal Expense $947,915 First Half Adjusted Year 2 Annual Cost Before Disposal Expense $947,915 MultipLied by Inflation Adjustment (80% of 3% Change in CPI) 1.024 Second Half Adjusted Year 2 Annual Cost Before Disposal Expense 970,665 Total Year 2 Company Colle~-tion Compensation Before City Fees $1,918,580 Add: City Franchise and Administrative Fees @ 14.6% 328,001 Total Year 2 Company Collection Compensation $2,246,581 June 13,1995 EXHIBIT 8 CALCULATION OF COMPANY'S DISPOSAL COMPENSATION FOR 12-MONTH PERIOD ENDING JUNE 30, 1998 lune 13, 1995 Exhibit 8 CALCULATION OF COMPANY'S DISPOSAL COMPENSATION FOR 12-MONTH PERIOD ENDING JUNE 30, 1998 Year 2 Disposal Expense per Company Proposal $576,581 Multiplied by One-Half *1/2 First Half Year 2 Disposal Expense $288,291 Year 2 Base Rate 17.51 Multiplied by Inflation Adjustment (3% Change in CPI) 1.03 Adjusted Year 2 Base Rate $18.04 Plus Year 2 Fee Component 11.24 Adjusted Year 2 Gate Rate $29.28 Multiplied by One-Hi Annual Tons !.0,028 Second Half Year 2 Disposal Expense 293,605 Year 2 Company Disposal Compensation $581,896 Add: City Franchisor and Admffdstrative Fees @ 14.6% 99~81 Total Year 2 Company Disposal Compensation $681,377 June 13,1995 EXHIBIT 9 EXAMPLE CALCULATION OF COMPANY COMPENSATION AND RATE ADJUSTMENT Iune 13, 1995 Exhibit 9 EXAMPLE CALCULATION OF COMPANY COMPENSATION AND RATE ADJUSTMENT (Numbers are shown for example only) Prior Year Company Collection Compensation $2,500,000 80% of Annual CPI (0.80 * 0.03) Plus One Inflation Adjustment 0.024 +1.000 Company Collection Compensation $2,560,000 Prior Year Company Disposal Compensation $500,000 Prior Year Base Rate Per Ton 100% of Annual CPI Plus One Inflation Adjustment Base Rate Per Ton Plus Fee Component Gate Rate Divided by Prior Year Gate Rate Inflation Adjustment Company Disposal Compensation Company Compensation Before City Fees City Fees @ 15% Company Compensation 0.03 +1.00 $20.00 '1.03 20.60 +13.00 33.60 /33.00 '1.02 +510,000 $3,070,000 +541,765 $3,611,765 Divided by Prior Year Company Compensation Adjustment Factor Minus One Rate Adjustment /3~529,412 1.023 -1.000 0.023 June 13, 1995