HomeMy WebLinkAboutItem 7.1(Attachment #12)
\ lQ 1~¡ \ lC '-::::
"~o
RESOLUTION NO. - 04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
*********
A RESOLUTION OF THE CITY OF DUBLIN
APPROVING THE EXECUTION OF A COLLECTION SERVICES AGREEMENT
FOR THE PROVISION OF SOLID WASTE SERVICES
WITH (INSERT NAME).
WHEREAS, solid waste collection 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 June 30, 2005; and
WHEREAS, on July 20,2004, the City Council directed staff to release a Request for Proposals
for solid waste collection, disposal and recycling services; and
WHEREAS; pursuant to California Public Resources Code Section 40059(a) as may be amended
from time to time, the City has determined that the public health, safety, and well-being require that an
exclusive right be awarded to a qualified Contractor to provide for the Collection of Solid Waste,
Recyclable Materials, and Organic Waste, except as provided in the Collection Services Agreement; and
WHEREAS; the City Council has determined through a competitive procurement process for
Collection Services that Contractor, by demonstrated experience, reputation and capacity, is qualified to
provide for the Collection of Solid Waste, Recyclables Materials, and Organic Waste within the corporate
limits of the City, the transportation of such material to appropriate places for processing, recycling,
compo sting and/or disposal; and City Council desires that Contractor be engaged to perform such services
on the basis set forth in the Collection Services Agreement; and
WHEREAS; the Contractor, through its proposal to the City, has proposed and represented that it
has the ability and capacity to provide for the Collection of Solid Waste, Recyclables Materials, and
Organic Waste within the corporate limits of the City; the transportation of such material to appropriate
places for processing, recycling, composting and/or disposal; and the processing of materials; and
WHEREAS, the contractor compensation will be adjusted annually using the Refuse Rate Index
adjustment methodology; and
WHEREAS, the City will receive franchise fees from contractor in return for authorizing
contractor to perform solid waste collection; and
NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Dublin does
hereby award the Collection Services Agreement to (Insert Name); and
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Collection
Services Agreement, in substantially the form attached as Exhibit 1.
PASSED, APPROVED AND ADOPTED this 2nd day of November, 2004.
AYES:
ATTACHMENT 12
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
\ Î ,.., \ 1 I";;¡'
'OJ \..Ii">
r-¡
...~~'"
Mayor
12? ,-, \
16">,,.,.,
;
Collection Service Agreement
5 DRAFT
6
7 AGREEMENT
8 FOR THE PROVISION OF
9
10 COLLECTION SERVICES
11
12 Executed Between the
13 City of Dublin and
14
15
16 (Contractor)
17 This day of
18
Page 5 - 3
\~Œb ILD3
Section 5
18 This page intentionally left blank.
19
Page 5 -4 City of Dublin
do C).I \~~5
Collection Service Agreemerl(
TABLE OF CONTENTS
Collection Service Agreement
COVER .................................................................................................. 5-3
TABLE OF CONTENTS.................................................................................... 5-5
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
Article 8.
Article 9.
Article 10.
Article 11.
Article 12.
Article 13.
Article 14.
Article 15.
Article 16.
Article 17.
Article 18.
Article 19
Article 20
Article 21.
Article 22.
Article 23.
Article 24.
Article 25.
Article 25.
Article 27.
Article 28.
Article 29.
Article 30.
Article 31.
Article 32.
Article 33.
Article 34.
Article 35.
Article 36.
Article 37.
Article 38.
Article 39.
Article 40.
Definitions......................................................................... .........5-8
Term of Agreement.................................................................. 5-17
Services Provided by the Contractor................... ....... .............. 5-17
Service Billing and Collection................................................... 5-27
Compensation and Rates........................................................ 5-29
Diversion Requirements.......................................................... 5-33
Service Units........................................................................... 5-33
SFD Collection Services.......................................................... 5-34
MFD Collection Services......................................................... 5-37
Commercial Collection Services.............................................. 5-39
City Collection Services.... ......... ..............................................5-41
Collection Routes................. .... ...............................................5-43
Minimum Performance and Diversion Standards.....................5-44
Collection Equipment............................................................... 5-44
Contractor's Office....................................................... ............5-47
Other Services............................................................. ... .........5-49
Emergency Service Provisions................................................ 5-51
Record Keeping and Reporting Requirements.......... .... ...........5-51
Nondiscrimination.................................................................... 5-55
Worker Retention..................................................................... 5-55
Service Inquiries and Complaints.................... ....... ..................5-55
Quality of Performance of Contractor....................................... 5-56
Performance Bond................. ...... .... .............. ...... ....................5-60
Insurance................................................................................. 5-60
Indemnification..... ....... ..... .......................................................5-63
Default of Contractor...... ...................... ........ ..................... .......5-64
Modifications to the Agreement........... ............. ................. ...... 5-67
Legal Representation.......................... ............... ... ...................5-69
Financial Interest ........ ................................ ... ..........................5-69
Contractor's Personnel............... ..... ................ .... ...... ..............5-69
Exempt Waste........................................... .......... ...... ..............5-70
Independent Contractor............ .......................... ....... ..............5-70
Laws to Govern .................... .... .......................... ..... ........... .....5-70
Consent to Jurisdiction.. ... ... .... ... .............. ......... ..... .................5-70
Assignment.................... .................................... .... ..................5-71
Compliance with Laws. .................................... ............ ............5-71
Permits and Licenses.. ..... ......................... .................... ..........5-71
Ownership of Written Materials........ .......................... ..............5-72
Waiver..................................................................................... 5-72
Prohibition Against Gifts.......................................................... 5-72
Page 5 - 5
Section 5
:;J, \ D).-. \ L')'-~I
'-)
63 Article 41 .
64 Article 43.
65 Article 43.
66 Article 44.
67 Article 45.
68 Article 46.
69 Article 47.
70 Article 48.
71 Article 49.
72 Article 50.
73 Article 51 .
74 Exhibit 1
75 Exhibit 2
76 Exhibit 3
77 Exhibit 4
78 Exhibit 5
79 Exhibit 6
80
Point of Contact.... ............ .............. ......................................... 5-72
N oti ces . . . . . . . . . . . . . . . . . . . .. . . . . .. .. . . . .. . . .. . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . .. 5-72
Transition to Next Contractor.................... ................. ....... ....... 5-73
Contractor's Records.. ........ .................... ........................ ........ 5-74
Entire Agreement....... ................. ........... ......... ................ ........ 5-74
Severability............................................................................. 5-74
Right to Require Performance. ....................... ...... ....... ............ 5-75
All Prior Agreements Superseded ........................ ...... ............. 5-75
Head ings................................................................................. 5-75
Exh i bits ................................................................................... 5-75
Effective Date ....... ........... .......................... ....... .......... ..... ........ 5-75
Compensation and Rates........................................................ 5-78
Compensation Adjustment Model............................................ 5-83
City Service Units.................................................................... 5-91
Collection Service Performance Bond .....................................5-92
Approved Subcontractors.. ...... ..;...... ............. ....... ............ ....... 5-93
City Sponsored Events............................................................ 5-94
Page 5 - 6 City of Dublin
cd ~;. (:)"~; \ 103
Collection Service Agreement'
80 CITY OF DUBLIN
81 This Agreement made and entered into this day of
82 20_. by and between the City of Dublin, a municipal corporation of the State of
83 California, hereinafter referred to as "CITY" and , a
84 California corporation, hereinafter referred to as "CONTRACTOR".
85 RECITALS
86 WHEREAS; the Legislature of the State of California, by enactment of the
87 California Integrated Waste Management Act of 1989 ("Act") and subsequent
88 additions and amendments (codified at California Public Resources Code
89 Section 40000 et seq.), has declared that it is in the public interest to authorize
90 and require local agencies to make adequate provisions for Solid Waste
91 Collection within their jurisdiction; and,
92 WHEREAS; the State of California has found and declared that the amount of
93 Solid Waste generated in California, coupled with diminishing landfill space and
94 potential adverse environmental impacts from landfilling and the need to
95 conserve natural resources, have created an urgent need for State and local
96 agencies to enact and implement an aggressive integrated waste management
97 program. The State has, through enactment of the Act. directed the responsible
98 State agency, and all local agencies, to promote disposal site diversion and to
99 maximize the use of feasible Solid Waste reduction, re-use, recycling, and
100 composting options in order to reduce the amount of Solid Waste that must be
101 disposed of in disposal sites; and,
102 WHEREAS; the City finds that the voters of Alameda County, through the
103 Alameda County Source Reduction and Recycling Plan required by the Waste
104 Reduction and Recycling Act of 1990 (Measure D), have adopted a policy goal to
105 reduce the total quantity of Solid Waste landfilled in Alameda County by diverting
106 seventy five percent (75%) of the materials generated in Alameda County from
107 landfills by 2010; and
108 WHEREAS; under Chapter 5.32.130 of the City's Municipal Code, the City has
109 the authority to issue an exclusive franchise to a Contractor to provide for the
110 Collection of Solid Waste and Organic Materials; and
. 111 WHEREAS; pursuant to California Public Resources Code Section 40059(a) as
112 may be amended from time to time, the City has determined that the public
113 health, safety, and well-being require that an exclusive right be awarded to a
114 qualified Contractor to provide for the Collection of Solid Waste, Recyclable
115 Materials, and Organic Materials, except for Collection of materials excluded in
116 the City's Municipal Code, and other services related to meeting the Act's 50%
117 Diversion goal and other requirements of the Act; and,
118 WHEREAS; the City further declares its intent to regulate Contractor's
119 compensation and set the rates Contractor will charge customers for the
Page 5 - 7
Section 5
~ì ~2, ï". \ Lv<-,
af, ~ ",-,-,,:-) ,--
120 Collection, transportation, processing, recycling, composting, and/or disposal of
121 Solid Waste, Recyclable Materials, Organic Materials; and
122 WHEREAS; the City Council has determined through a competitive procurement
123 process for Collection Services that Contractor, by demonstrated experience,
124 reputation and capacity, is qualified to provide for the Collection of Solid Waste,
125 Recyclables Materials, and Organic Materials within the corporate limits of the
126 City, the transportation of such material to appropriate places for processing,
127 recycling, composting and/or disposal; and City Council desires that Contractor
128 be engaged to perform such services on the basis set forth in this Agreement;
129 and
130 WHEREAS; the Contractor, through its proposal to the City, has proposed and
131 represented that it has the ability and capacity to provide for the Collection of
132 Solid Waste, Recyclables Materials. and Organic Materials within the corporate
133 limits of the City; the transportation of such material to appropriate places for
134 processing, recycling, composting and/or disposal; and the processing of
135 materials; and
136 WHEREAS, this Agreement has been developed by and is satisfactory to the
137 City and the Contractor,
138 Now, therefore, in consideration of the mutual covenants, conditions and
139 consideration contained herein, the CITY and CONTRACTOR hereby agree as
140 hereinafter set forth:
141 ARTICLE 1. Definitions
142 For the purpose of this Collection Service Agreement, hereinafter referred to as
143 "Agreement", the definitions contained in this Article shall apply unless otherwise
144 specifically stated. If a word or phrase is not defined in this Article, the definition
145 of such word or phrase as contained in Chapter 5.32 of the Dublin Municipal
146 Code shall control. When not inconsistent with the context, words used in the
147 present tense include the future, words in the plural include the singular, and
148 words in the singular include the plural. Use of the masculine gender shall
149 include the feminine gender.
150 1.01 AB 939. The California Integrated Waste Management Act
151 (California Public Resources Code Sections 40000 et al.), as amended from time
152 to time.
153 1.02 Aareement. The written document and all amendments thereto,
154 between the CITY and the CONTRACTOR, governing the provision of Collection
155 Services as provided herein.
156 1.03 Aareement Year. Each twelve (12) month period from July 1st to
157 June 30th, beginning July 1, 2005.
158 1.04 Alternative Daily Cover (ADC). Disposal Facility cover material,
159 other than Organic Waste and at least six (6) inches of earthen material, placed
Page 5 - 8 City of Dublin
I1ì I;".). \ ) ":i!
,::;;><.. I.-\- '-~) I ,j) :)
Collection Service Agreement
160 on the surface of the active face of the refuse fill area at the end of each
161 operating day to control vectors, fires, odor, blowing litter and scavenging, as
162 defined in Section 20164 of the California Code of Regulations.
163 1.05 Biohazardous or Biomedical Waste. Any waste which may cause
164 disease or reasonably be suspected of harboring pathogenic organisms; included
165 are waste resulting from the operation of medical clinics, hospitals, and other
166 facilities processing wastes which may consist of, but are not limited to, human
167 and animal parts, contaminated bandages, pathological specimens, hypodermic
168 needles, sharps, contaminated clothing and surgical gloves.
169 1.06 Brown Goods. Electronic equipment such as stereos, televisions,
170 VCR's, PDA's telephones, and other similar items not containing cathode ray
171 tubes (CRTs).
172 1.07 Business Service Unit. All retail, professional, wholesale and
173 industrial facilities, and other commercial enterprises offering goods or services
174 to the public.
175 1.08 CITY. The City of Dublin, California.
176 1.09 Citv Collection Service. City Solid Waste Collection Service, City
177 Recycling Service, City Organic Collection Service, Large Item Collection
178 Service, Neighborhood Cleanup Service, and Special Event Collection Service.
179 1.10 City OrQanic Collection Service. The Collection of Organic Waste,
180 by the CONTRACTOR, from City Service Units in the Service Area and the
181 delivery of that Organic Waste to the Organics Processing Facility.
182 1.11 Citv Recvcling Service. The Collection of Recyclable Materials, by
183 the CONTRACTOR, from City Service Units in the Service Area and the delivery
184 of those Recyclable Materials to a Materials Recovery Facility.
185 1.12 City Representative. That person, or their designee, designated
186 by the CITY to administer and monitor the provisions of this Agreement.
187 1.13 Citv Service Unit. Those CITY properties or locations as set forth
188 in Exhibit 3, "City Service Units", which is attached to and included in this
189 Agreement.
190 1.14 Citv Waste. Solid Waste, Green Waste, Organic Waste and Large
191 Items resulting from the normal activities of a City Service Unit. City Waste must
192 be generated by and at the City Service Unit wherein the City Waste is Collected
193 and does not include items defined herein as Exempt Waste.
194 1.15 City Solid Waste Collection Service. The Collection of Solid
195 Waste by the CONTRACTOR, from City Service Units in the Service Area, and
196 the delivery of that Solid Waste to a Disposal Facility.
197 1.16 Collection. The process whereby Residential Waste, Commercial
198 Waste, City Waste and Recyclable Materials are removed and transported to a
199 Disposal Facility, Organics Processing Facility, Green Waste Processing Facility
200 or Materials Recovery Facility, as appropriate.
,:,:·s\Y1'.XRr~~>
/Íi;:' , \\\ì\
~~\: ,~ $'1
;~,' ~.. /1
(dÚEÜ.f:~~)'";
Page 5 - 9
.1\.:;- /'"') . \ II' .;.;1.,
~...... l,.~," <"~ W ~
Section 5
201 1.17 Collection Service. SFD Collection Service, MFD Collection
202 Service, City Collection Service and Commercial Collection Service.
203 1.18 Commercial Collection Service. Commercial Solid Waste
204 Collection Service, Commercial Recycling Service, and Commercial Organic
205 Collection Service.
206 1.19 Commercial Oraanic Collection Service. The Collection of
207 Commercial Organic Waste from Commercial Service Units and Commercial
208 Organic Service Units and the delivery of the Commercial Organic Waste to the
209 Organics Processing Facility.
210 1.20 Commercial Oraanic Service Unit. Commercial Organic Waste
211 generators who are not Commercial Service Units, such as government facilities
212 including, but not limited to; Parks Reserves Forces Training Area and Santa Rita
213 Jail, and all schools both public and private in the Service Area.
214 1.21 Commercial Oraanic Waste. Green Waste, food scraps and
215 trimmings from food preparation, including but not limited to; fruit and vegetable
216 waste, grain waste, dairy waste, Stable Matter, meat and fish waste, and such
217 items as non-recyclable or contaminated paper such as pizza boxes, take-out
218 food cartons (cardboard), paper towels, waxed cardboard, wooden packaging
219 such as crates and untreated and unpainted wallboard, etc. that are separated at
220 the source of generation for inclusion in the Commercial Organic Collection
221 Service program.
222 1.22 Commercial Recvclina Service. The Collection of Recyclable
223 Materials, by the CONTRACTOR, from Commercial Service Units in the Service
224 Area, the delivery of those Recyclable Materials to a Materials Recovery Facility
225 and the processing and marketing of those Recyclable Materials.
226 1.23 Commercial Service Unit. Business Service Units, and Mixed
227 Use Dwellings that utilize a Garbage Cart or Bin for the accumulation and set-out
228 of Solid Waste.
229 1.24 Commercial Solid Waste Collection Service. The Collection
230 of Solid Waste by the CONTRACTOR, from Commercial Service Units in the
231 Service Area, and the delivery of that Solid Waste to a Disposal Facility.
232 1.25 Commercial Waste. Solid Waste and Commercial Organic Waste
233 generated by and at a Commercial Service Unit.
234 1.26 Compactor. Any Roll-Off Container or bin which has a compaction
235 mechanism, whether stationary or mobile.
236 1.27 Compostina. The controlled biological decomposition of Organic
237 Waste into a specific mixture of decayed organic matter used for fertilizing or soil
238 conditioning.
239 1.28 Construction and Demolition Debris. Used or discarded materials
240 removed from premises during construction or renovation of a structure resulting
241 from construction, remodeling, repair or demolition operations on any pavement,
Page 5 - 10 City of Dublin
"··~i '" - \ I""'~)
Ou..' 'V _
Collection Service Agreement
242 house, commercial building, or other structure and such other materials as may
243 be removed during the normal cleanup process of such construction, remodeling,
244 repair, or demolition operations.
245 1.29 Construction and Demolition Debris Collection Service. The
246 Collection of Construction and Demolition Debris by a person or company that
247 holds a valid non-exclusive Construction and Demolition Debris franchise from
248 the CITY and the delivery of that material to an appropriate facility.
249 1.30 CONTRACTOR. That person or entity that has obtained from the
250 CITY an Agreement to provide Collection Services as set forth herein.
251 1.31 County. Alameda County, California.
252 1.32 Disposal Services. The final processing and disposition of
253 materials Collected under the terms of this Agreement.
254 1.33 Disposal Contractor. The entity who has obtained from the CITY
255 an Agreement to provide Disposal Services.
256 1.34 Disposal Facilitv. The ?? Disposal Site owned by??, located in
257 ?? County or such place or places specifically designated by the CITY for the
258 disposal, or processing as appropriate, of Solid Waste and other materials as
259 appropriate.
260 1.35 Dwelling Unit. Any individual living unit in a single family dwelling
261 (SFD) or multi-family dwelling (MFD) structure or building intended for, or capable
262 of being utilized for, residential living other than a Hotel or Motel.
263 1.36 E-Waste. Discarded electronics equipment such as cell phones,
264 computers, monitors, televisions, and other items containing cathode ray tubes
265 (CRTs).
266 1.37 Exempt Waste. Biohazardous or Biomedical Waste, Hazardous
267 Waste, Household Hazardous Waste, Sludge, Green Waste or lumber that is
268 more than five (5) feet in length in its longest dimension or two (2) feet in
269 diameter, soil and dirt, concrete, asohalt. automobiles, automobile parts, boats,
270 boat parts, boat trailers, internal combustion engines, lead-acid batteries, and
271 those wastes under the control of the Nuclear Regulatory Commission. Exempt
272 Waste does not include Used Oil, Used Oil Filters, or household batteries when
273 placed for Collection as set forth in this Agreement or as otherwise directed by
274 the CITY.
275 1.38 Garbage. All putrescible waste which generally includes, but is
276 not limited to, kitchen and table food waste, animal, vegetative, food or any
277 organic waste that is attendant with, or results from the storage, preparation,
278 cooking or handling of food materials attributed to normal activities of a Service
279 Unit. Garbage must be generated by and at the Service Unit wherein the
280 Garbage is Collected. Garbage does not include those items defined herein as
281 Residential Organic Waste, Commercial Organic Waste or Exempt Waste.
,.. <.:~})[D?>\;,}
Y'V"''Þ\
illÎl \\\\\
n= ,., )$)
i~, "... lJ
~""{¿ffjtQf~)}~
Page 5 - 11
dì D)r\ Il£! 31
!._j
Section 5
282 1.39 Garbaqe Bin. A metal or plastic container, with a capacity of one
283 (1) cubic yard up to and including eight (8) cubic yards, designed or intended to
284 be mechanically dumped into a loader packer type garbage truck, that is
285 approved for such purpose by the CITY. Garbage Bins may also include
286 Compactors that are owned by the MFD or Commercial Service Unit wherein the
287 MFD or Commercial Collection Service occurs.
288 1.40 Garbaqe Cart. A heavy plastic receptacle with a rated capacity of
289 at least thirty-two (32) and not more than ninety-six (96) gallons, having a hinged
290 tight-fitting lid and wheels, that is approved by the City Representative for use by
291 Service Recipients for Collection Services under this Agreement.
292 1.41 Green Waste. Any vegetative matter resulting from normal yard
293 and landscaping maintenance that is not more than three (3) feet in its longest
294 dimension or six (6) inches in diameter and fits in the Organic Waste Cart utilized
295 by the Service Recipient. Green Waste includes plant debris, such as Palm,
296 Yucca and Cactus, grass clippings, leaves, pruning, weeds, branches, brush,
297 Christmas trees, and other forms of vegetative waste and must be generated by
298 and at the Service Unit wherein the Green Waste is Collected. Green Waste
299 does not include items herein defined as Exempt Waste.
300 1.42 Green Waste Processinq Facility. Any facility, selected by the
301 CONTRACTOR and approved by the CITY, or specifically designated by the
302 CITY, that is designed, operated and legally permitted for the purpose of
303 receiving, and processing Green Waste and Large Green Waste.
304 1.43 Hazardous Waste. Any material which is defined as a hazardous
305 waste under California or United States law or any regulations promulgated
306 pursuant to such law, as such law or regulations may be amended from time to
307 time.
308 1.44 Household Hazardous Waste. Any Hazardous Waste generated
309 at an SFD or MFD Service Unit.
310 1.45 Hotel or Motel. A structure or building unit(s) capable of being
311 utilized for residential living where such unit or a group of such units is regularly
312 rented to transients or held out or advertised to the public as a place regularly
313 rented to transients for periods of seven (7) days or less. To meet this definition,
314 the Hotel or Motel must be licensed to operate as such.
315 1.46 Larqe Items. Those materials including furniture; carpets;
316 mattresses; White Goods; Brown Goods; E-Waste; clothing; tires without rims;
317 Large Green Waste; or some combination of such items in a container the
318 dimensions of which container does not exceed four feet by four feet by two feet
319 (4'x4'x2') and weighing no more than sixty (60) pounds, which are attributed to
320 the normal activities of a SFD, MFD, or City Service Unit. Large Items must be
321 generated by and at the Service Unit wherein the Large Items are Collected.
322 Large Items do not include items herein defined as Exempt Waste.
Page 5 - 12 City of Dublin
:.J ß') \ \.c'":4·,
"'0 ' "'-,
Collection Service Agreement
323 1.47 Lame Green Waste. Oversized Green Waste such as tree trunks
324 and branches with a diameter of not less than six (6) inches and not more than
325 two (2) feet and a length of not more than five (5) feet in its longest dimension,
326 which are attributed to the normal activities of a SFD, MFD, or City Service Unit.
327 Large Green Waste must be generated by and at the Service Unit wherein the
328 Large Green Waste is Collected.
329 1.48 Larae Item Collection Service. The periodic on-call Collection of
330 Large Items, by the CONTRACTOR, from Service Units in the Service Area and
331 the delivery of those Large Items to a Disposal Facility, Materials Recovery
332 Facility, Green Waste Processing Facility or such other facility as may be
333 appropriate under the terms of this Agreement. Large Item Collection Service
334 does not include the Collection of Large Hems through the use of Roll-Off
335 Containers.
336 1.49 Materials Recoverv Facility (MRF). Any facility, selected by the
337 CONTRACTOR and approved by the CITY, or specifically designated by the
338 CITY, designed, operated, and legally permitted for the purpose of receiving,
339 sorting, processing, storing, or preparing Recyclable Materials for sale.
340 1.50 MFD Collection Service. MFD Solid Waste Collection Service,
341 MFD Recycling Service, Large Item Collection Service, and Used Oil Collection
342 Service.
343 1.51 MFD Recyclina Service. The Collection of Recyclable Materials,
344 by the CONTRACTOR, from MFD Service Units in the Service Area, the delivery
345 of those Recyclable Materials to a Materials Recovery Facility and the processing
346 and m~rketing of those Recyclable Materials.
347 1.52 MFD Service Unit. Any combination of Dwelling Units in the
348 Service Area utilizing a common Garbage Bin for the accumulation and set-out of
349 Solid Waste.
350 1.53 MFD Solid Waste Collection Service. The Collection of Solid
351 Waste, by the CONTRACTOR, from MFD Service Units in the Service Area and
352 the delivery of that Solid Waste to a Disposal Facility.
353 1.54 Minimum SFD Collection Service. The CITY mandatory service
354 level for SFD Service Units whose costs are collected by the CITY on the annual
355 property tax bill.
356 1.55 Mixed Use Dwellina. A building or structure which contains at
357 least one (1) Business Service Unit and at least one (1) Dwelling Unit and utilizes
358 a common Garbage Bin or Garbage Cart for the accumulation and Collection of
359 Solid Waste.
360 1.56 Neiahborhood Cleanup Service. The periodic Collection of Large
361 Items and Green Waste using Roll-Off Containers by the CONTRACTOR
362 resulting from CITY sponsored special clean-up program events. Such Collection
363 by the CONTRACTOR shall be limited to the equivalent of four hundred eighty
364 (480) cubic yards in any Agreement Year.
Page5-13
d-{JJ . II ~~
10' l{'
o -'
Section 5
365 1.57 Non-Collection Notice. A form developed and used by the
366 CONTRACTOR, as approved by the CITY, to notify Service Recipients of the
367 reason for non-collection of materials set out by the Service Recipient for
368 Collection by CONTRACTOR pursuant to this Agreement.
369 1.58 Orqanic Waste. Commercial Organic Waste and Residential
370 Organic Waste.
371 1.59 Orqanic Waste Bin. A metal or plastic container, with a capacity of
372 one (1) cubic yard up to and including eight (8) cubic yards, designed or intended
373 to be mechanically dumped into a loader packer type truck, that is approved for
374 such purpose by the CITY.
375 1.60 Orqanic Waste Cart. A heavy plastic receptacle with a rated
376 capacity not exceeding ninety-six (96) gallons, having a hinged tight-fitting lid,
377 and wheels, that is approved for such purpose by the CITY and is appropriately
378 labeled as an Organic Waste Cart.
379 1.61 Orqanic Waste Processinq Facilitv. Any facility, selected by the
380 CONTRACTOR and approved by the CITY, or specifically designated by the
381 CITY, designed, operated, and legally permitted for the purpose of receiving,
382 sorting, processing, storing, or preparing for sale, Organic Waste.
383 1.62 Recvclable Materials. Those materials which are capable of being
384 recycled and which would otherwise be processed or disposed of as Solid Waste.
385 Recyclable Materials include those materials defined by the CITY, including
386 newsprint (including inserts); mixed paper (including magazines, catalogs,
387 envelopes, junk mail, corrugated cardboard, brown bags and paper, paperboard,
388 paper egg cartons, office ledger paper, and telephone books); glass containers;
389 aluminum beverage containers; small scrap and cast aluminum (not exceeding
390 forty (40) pounds in weight nor two (2) feet in any dimension for any single item);
391 steel including "tin" cans, aerosol cans (empty, non-toxic products) and small
392 scrap (not exceeding forty (40) pounds in weight nor two (2) feet in any
393 dimension for any single item); bimetal containers; plastic bottles (#1-7);
394 aluminum foil and pans; dry cell household batteries when contained in a sealed
395 heavy-duty plastic bag; and those materials added by the CONTRACTOR from
396 time to time.
397 1.63 Recvclinq Bin. A plastic or metal container, with a capacity of one
398 (1) cubic yard up to and including eight (8) cubic yards, designed or intended to
399 be mechanically dumped into a loader packer type recycling truck, that is
400 approved for such purpose by the CITY and is appropriately labeled as a
401 Recycling Bin.
402 1.64 Recvclinq Cart. A heavy plastic receptacle with a rated capacity of
403 at least thirty-two (32) gallons and not more than ninety-six (96) gallons, having a
404 hinged tight-fitting lid, and wheels, that is approved for such purpose by the CITY
405 and is appropriately labeled as a Recycling Cart.
Page 5·14 City of Dublin
.:$OOh )0-5
Collection Service Agreèrt1ent
406 1.65 Residential Organic Waste. Green Waste, food scraps and
407 trimmings from food preparation, fruit and vegetable waste, Stable Matter,
408 contaminated paper such as pizza boxes, take-out food cartons (cardboard),
409 paper towels, etc. that are separated at the source of generation for inclusion in
410 the SFD Organic Collection Service program.
411 1.66 Residential Waste. Solid Waste, Green Waste, Residential
412 Organic Waste, Large Items, Used Oil, and Used Oil Filters resulting from the
413 normal activities of a SFD or MFD Service Unit. Residential Waste must be
414 generated by and at the SFD or MFD Service Unit wherein the Residential Waste
415 is Collected and does not include items defined herein as Exempt Waste.
416 1.67 Roll-Off Container. A metal container that is normally loaded onto
417 a motor vehicle and transported to an appropriate facility.
418 1.68 Rubbish. All refuse, accumulation of paper, excelsior, rags,
419 wooden boxes and containers, sweep-ups and all other accumulations of a
420 nature other than Garbage and Organic Waste, resulting from the normal
421 activities of a Service Unit. Rubbish must be generated by and at the Service
422 Unit wherein the Rubbish is Collected. Rubbish does not include items herein
423 defined as Exempt Waste.
424 1.69 Service Area. That area within the corporate limits of the City of
425 Dublin.
426 1.70 Service Recipient. An individual or company receiving Collection
427 Service.
428 1.71 Service Unit. SFD Service Units, MFD Service Units, City Service
429 Units, Commercial Service Units or Commercial Organic Service Units.
430 1.72 SFD Collection Service. SFD Solid Waste Collection Service,
431 SFD Recycling Service, SFD Organic Collection Service, Large Item Collection
432 Service, and Used Oil Collection Service.
433 1.73 SFD OrQanic Collection Service. The Collection of Residential
434 Organic Waste by the CONTRACTOR from SFD Service Units in the Service
435 Area, the delivery of that Residential Organic Waste to an Organic Waste
436 Processing Facility and the processing and marketing of that Residential Organic
437 Waste.
438 1.74 SFD Recvcling Service. The Collection of Recyclable Materials by
439 the CONTRACTOR from SFD Service Units in the Service Area, the delivery of
440 those Recyclable Materials to a Materials Recovery Facility and the processing
441 and marketing of those Recyclable Materials.
442 1.75 SFD Solid Waste Collection Service. The Collection of Solid
443 Waste, by the CONTRACTOR, from SFD Service Units in the Service Area and
444 the delivery of that Solid Waste to a Disposal Facility.
¡',..~{~~)ü~:,
"ÍI.(.'·~: .,N ~~·~\ì\..
1'\ ""1'",_ -. !i<'.
'~;, \ÿ·lJ!
. (,;;))/\$::%;\'
Page5-15
Section 5
.:3/ èJb / Lo 3
445 1.76 SFD Service Unit. Any Dwelling Unit in the Service Area utilizing a
446 Garbage Cart, or any combination of Dwelling Units sharing Garbage Carts, for
447 the accumulation and set out of Solid Waste.
448 1.77 Sludqe. The accumulated solids, residues, and precipitates
449 generated as a result of waste treatment or processing, including wastewater
450 treatment, water supply treatment, or operation of an air pollution control facility,
451 and mixed liquids and solids pumped from septic tanks, grease traps, privies, or
452 similar disposal appurtenances or any other such waste having similar
453 characteristics or effects.
454 1.78 Special Event Collection Service. The Collection of Solid Waste,
455 Recyclable Materials and other materials as appropriate at City-sponsored
456 special events.
457 1.79 Solid Waste. Garbage and Rubbish resulting from the normal
458 activities of a Service Unit. Solid Waste must be generated by and at the Service
459 Unit wherein the Solid Waste is Collected and does not include items defined
460 herein as Exempt Waste.
461 1.80 Stable Matter. Manure and other waste matter normally
462 accumulated and stables or in livestock or poultry enclosures.
463 1.81 Used Oil. Any oil that has been refined from crude oil or has been
464 synthetically produced, and is no longer useful to the Service Recipient because
465 of extended storage, spillage or contamination with non-hazardous impurities
466 such as dirt or water; or has been used and as a result of such use has been
467 contaminated with physical or chemical impurities. Used Oil must be generated
468 by and at the SFD or MFD Service Unit wherein the Used Oil is Collected. Used
469 Oil does not include transmission fluid.
470 1.82 Used Oil Collection Service. The Collection of Used Oil in Used
471 Oil Containers and Used Oil Filters in Used Oil Filter Containers, by the
472 CONTRACTOR, from Service Units in the Service Area utilizing Used Oil and
473 Filter Containers for the accumulation and set-out of Used Oil and Used Oil
474 Filters and the appropriate disposition of the Used Oil and Used Oil Filters in
475 accordance with the requirements of this Agreement.
476 1.83 Used Oil Container. A plain copoly container provided by the
477 CONTRACTOR for the accumulation of Used Oil that is at least four (4) quarts in
478 capacity, leak-proof, has a screw-on lid and has a label designating it for use as a
479 Used Oil Container.
480 1.84 Used Oil Filter. Any oil filter that is no longer useful to the Service
481 Recipient because of extended storage, spillage or contamination with non-
482 hazardous impurities such as dirt or water; or has been used and as a result of
483 such use has been contaminated with physical or chemical impurities. Used Oil
484 Filters must be generated by and at the SFD or MFD Service Unit wherein the
485 Used Oil Filter is Collected.
Page 5 - 16 City of Dublin
-:;¿ ,,"", -,' .. I <
......;¡d C')j (þ 3
Collection Service Agree~eiít
486 1.85 Used Oil Filter Container. A six (6) mil poly bag with double track
487 seal with dimensions of at least fourteen and one-half (14.5) inches by eight (8)
488 inches with a one and one-quarter (1 y,¡ ) inch diameter hole above the seal
489 provided by the CONTRACTOR for the accumulation of Used Oil Filters that has
490 a label designating it for use as a Used Oil Filter Container.
491 1.86 White Goods. Discarded refrigerators, ranges, water heaters,
492 freezers, and other similar household appliances.
493 1.87 Work Dav. Any day, Monday through Saturday that is not a
494 holiday as set forth in Section 3.09 of this Agreement.
495 ARTICLE 2. Term of Agreement
496 2.01 Initial Term. The initial term of this Agreement shall be for a
497 seven (7) year period beginning July 1, 2005 and terminating on June 30, 2012.
498 2.02 Extension of Term. The CITY shall have the sete-option in its
499 sole discretion to extend this Agreement for one (1) additional three (3) year
500 period. Provided the City Manager determines that the CONTRACTOR has met
501 the minimum performance and diversion requirements, as set forth Article 13, the
502 CITY may elect to exercise this option by giving written notice to CONTRACTOR
503 on or about July 1, 2011. If the term of this Agreement is extended, the
504 compensation provisions of Article 5 shall not be subject to negotiation.
505 However, the compensation payable to CONTRACTOR shall be adjusted
506 annually throughout the extended term as provided in Article 5 .
507 broVoidinq of Extonßions. In the event CONTRACTOR fails to moat the
508 minimum service and divorcion roquirements cot forth in Articlo 13,
509 CONTRACTOR underst::mds ~md agreec that the service extonsion set forth in
510 Section 2.02 above is voided and that this Agreement shall torminate on Juno 30,
511 2012 as sot forth in Section 2.01 of this Agreement.
512 ~.Q1,.2...Q3 . _ Other Provisions. The CITY may, at the end of the
513 initial Agreement term or optional extended term, as appropriate, either
514 renegotiate the terms and conditions of the Agreement with the current
515 CONTRACTOR or request proposals from qualified contractors to provide
516 Collection Services.
517 ARTICLE 3. Services Provided by the Contractor
518 3.01 Grant of Exclusive Aqreement. Except as otherwise provided in
519 this Agreement, the CONTRACTOR is herein granted an exclusive Agreement to
520 provide Collection Services within the Service Area. No other solid waste or
521 recycling services shall be exclusive to the CONTRACTOR.
522 3.02 Limitations to Scope of Exclusive Aqreement.
523 3.02.1 Recyclable Materials or Large Items that are source separated (as
524 defined in Dublin Municipal Code 5.32.040) from Solid Waste by Service Units,
525 for which the waste generator sells or is otherwise compensated by a collector in
Page 5 - 17
Section 5
--;:( -:2... rr-', J I ",".,,;
-' - ..../j V/_,
~........,.....
526 a manner resulting in a net payment to the waste generator when such collector
527 is permitted under Chapter 5.32 of the CITY Municipal Code;
528 3.02.2 Solid Waste, Recyclable Materials, Large Items or Organic Waste,
529 which is removed from any SFD Service Unit, MFD Service Unit, Commercial
530 Service Unit, or City Service Unit and which is transported personally by the
531 owner or occupant of such premises (or by his or her full-time employees) to a
532 processing or Disposal Facility;
533 3.02.3 Recyclable Materials, Organic Waste or Large Items which are
534 source separated at any premises by the waste generator and donated to youth,
535 civic or charitable organizations;
536 3.02.4 Containers delivered for Recycling under the California Beverage
537 Container Recycling Letter Reduction Act, Section 14500, et seq.
538 3.02.5 Green Waste removed from a premises by a gardening,
539 landscaping, or tree trimming company as an incidental part of a total service
540 offered by that company rather than as a hauling service;
541 3.02.6 Materials that are not defined herein as Recyclable Materials but
542 which are collected for Recycling by a collector who is permitted pursuant to
543 Chapter 5.32 of the CITY Municipal Code.
544 3.02.7 Construction and Demolition Debris Collection Service;
545 3.02.8 Large Items removed from a premises by a property cleanup or
546 maintenance company as an incidental part of the total cleanup or maintenance
547 service offered by the company rather than as a hauling service;
548 3.02.9 Animal waste and remains from slaughterhouse or butcher shops
549 for use as tallow;
550 3.02.10 By-products of sewage treatment, including Sludge, ash,
551 grit and screenings; and
552 3.02.11 Hazardous Waste and designated waste regardless of its
553 source.
554 3.02.12 Residential Waste, Commercial Waste, City Waste or
555 Recyclable Materials that are removed from a premises by a company through
556 the performance of a service that the CONTRACTOR has elected not to provide.
557 3.02.13 Materials generated by County, State and Federal
558 Facilities.
559 3.03 CONTRACTOR acknowledges and agrees that the CITY may
560 permit other persons besides the CONTRACTOR to Collect any and all types of
561 materials excluded from the scope of this Agreement, as set forth above, without
562 seeking or obtaining approval of CONTRACTOR. If CONTRACTOR can produce
563 evidence that other persons are servicing Collection containers or are Collecting
564 Solid Waste, Recyclable Materials, Large Items and/or Organic Waste in a
565 manner that is not consistent with the CITY'S Municipal Code or this Agreement,
Page 5 ~ 18 City of Dublin
, 3~CJ() \lç3
Collection Service Agreemèñt
566 it shall report the location, the name and phone number of the person or
567 company to the CITY along with CONTRACTOR'S evidence of the violation of
568 the exclusiveness of this Agreement.
569 3.03.1 The scope of this Agreement shall be interpreted to
570 be consistent with applicable law, now and during the term of the Agreement. If
571 future jUdicial interpretations of current law or new laws, regulations, or judicial
572 interpretations limit the ability of the CITY to lawfully provide for the scope of
573 services as specifically set forth herein, CONTRACTOR agrees that the scope of
574 the Agreement will be limited to those services and materials which may be
575 lawfully provided and that the CITY shall not be responsible for any lost profits or
576 losses claimed by CONTRACTOR to arise out of limitations of the scope of the
577 Agreement set forth herein. In such an event, it shall be the responsibility of
578 CONTRACTOR to minimize the financial impact of such future judicial
579 interpretations or new laws.
580 3.04 Service Standards. CONTRACTOR shall perform all Collection
581 Services under this Agreement in a thorough and professional manner.
582 Collection Services described in this Agreement shall be performed regardless of
583 weather conditions or difficulty of Collection.
584 3.05 Hours and Davs of Collection.
585 3.05.1 SFD and MFD Collection Services shall be
586 provided, commencing no earlier than 6:00 a.m. and terminating no later than
587 6:00 p.m., Monday through Friday with no service on Saturday (except for
588 holiday service as set forth in Section 3.09 of this Agreement) or Sunday. The
589 hours, days, or both of Collection may be extended due to extraordinary
590 circumstances or conditions with the prior written consent of the City
591 Representative.
592 3.05.2 Commercial and City Collection Service shall be
593 provided, commencing no earlier than 4:00 a.m., provided the property is a
594 minimum of two hundred (200) feet from residential property, and terminating no
595 later than 9:00 p.m., Monday through Friday with service on Saturday starting no
596 earlier than 7:30 a.m.. The hours, days, or both of Collection may be extended
597 due to extraordinary circumstances or conditions with the prior written consent of
598 the City Representative.
599 3.06 Manner of Collection. The CONTRACTOR shall provide Collection
600 Service with as little disturbance as possible and shall leave any cart or bin in an
601 upright position at the same point it was Collected without obstructing alleys,
602 roadways, driveways, sidewalks or mail boxes.
603 3.07 Containers.
604 3.07.1 Purchase and Distribution of Carts and Bins. The CONTRACTOR
605 shall be responsible for the purchase and distribution of fully assembled and
606 functional carts and bins to Service Units in the Service Area. CONTRACTOR
607 shall also distribute carts and bins to new Service Units that are added to
Page 5 - 19
Section 5
~'5 D/¡Îlr3
\,,,., ".<
608 CONTRACTOR'S Service Area during the term of this Agreement. The
609 distribution shall be completed within three (3) Work Days of receipt of
610 notification from the CITY or the Service Unit.
611 3.07.2 Replacement of Carts and Bins. CONTRACTOR'S employees
612 shall take care to prevent damage to carts or bins by unnecessary rough
613 treatment. However, any cart or bin damaged by th~ CONTRACTOR shall be
614 replaced by the CONTRACTOR, at the CONTRACTOR'S expense, within three
615 (3) Work Days at no cost or inconvenience to the Service Recipient.
616 3.07.2.1 Upon notification to the CONTRACTOR by
617 the CITY or a Service Recipient that the Service Recipient's cart(s) or bin(s) have
618 been stolen or damaged beyond repair through no fault of the CONTRACTOR,
619 the CONTRACTOR shall deliver a replacement cart(s) or bin(s) to such Service
620 Recipient within three (3) Work Days. The CONTRACTOR shall maintain records
621 documenting all cart and bin replacements occurring on a monthly basis.
622 3.07.2.2 Where such cart is lost, stolen or damaged
623 beyond repair through no fault of the CONTRACTOR, each SFD Service Unit
624 shall be entitled to the replacement of one (1) lost, destroyed, or stolen Garbage
625 Cart, one (1) lost, destroyed, or stolen Recycling Cart, and one (1) lost,
626 destroyed, or stolen Organic Waste Cart during the life of this Agreement at no
627 cost to the Service Recipient.
628 3.07.2.3 Where such cart or bin is lost, stolen or
629 damaged beyond repair through no fault of the CONTRACTOR, each MFD,
630 Commercial and City Service Unit shall be entitled to the replacement of one (1)
631 lost, destroyed, or stolen Garbage Bin and one (1) lost, destroyed, or stolen
632 Recycling Cart or Bin during the life of this Agreement at no cost to the Service
633 Unit.
634 3.07.2.4 Where such bin or cart replacement occurs
635 through no fault of the CONTRACTOR, CONTRACTOR shall be compensated
636 for the cost of those replacements in excess of the requirements set forth above
637 in accordance with the "Cart or Bin Exchange" Service Rate, as appropriate, set
638 forth in Exhibit 1 which is attached to and included in this Agreement or as may
639 be adjusted by the CITY as provided under the terms of this Agreement.
640 3.07.3 ReDair of Carts and Bins. CONTRACTOR shall be
641 responsible for repair of carts in the areas to include but not be limited to, hinged
642 lids, wheels and axles. Within three (3) Work Days of notification by the CITY or
643 a Service Recipient of the need for such repairs, the CONTRACTOR shall repair
644 the cart bin or if necessary, remove the cart or bin for repairs and deliver a
645 replacement cart or bin to the Service Recipient.
646 3.07.4 Cart or Bin Exchanae. Upon notification to the CONTRACTOR by
647 the CITY or a Service Recipient that a change in the size or number of carts or
648 bins is required, the CONTRACTOR shall deliver such carts or bins to such
649 Service Recipient within three (3) Work Days. Each Service Recipient shall be
Page 5 - 20 City of Dublin
$LP D,0 \lç3
Collection Service Agreement
650 eligible to receive one (1) free cart or bin exchange per Agreement Year during
651 the term of this Agreement. Accordingly CONTRACTOR shall be compensated
652 for the cost of those exchanges in excess of one (1) per Agreement Year, in
653 accordance with the "Cart or Bin Exchange" service rate as set forth in Exhibit 1
654 or as may be adjusted under the terms of this Agreement.
655 3.07.5 Ownership of Carts. Ownership of carts shall rest with the
656 CONTRACTOR, except that ownership of carts in the possession of a Service
657 Recipient at the end of this Agreement shall rest with the CITY. At its sole
658 discretion, CITY may elect not to exercise its rights with regards to this Section
659 and in such case the carts shall remain the property of the CONTRACTOR upon
660 termination of this Agreement. In this event, CONTRACTOR shall be responsible
661 for removing all carts in service from the Service Area and reusing or Recycling
662 such carts.
663 3.07.6 Ownership of Bins. Ownership of bins distributed by the
664 CONTRACTOR shall rest with the CONTRACTOR except in the case of the
665 termination of the Agreement prior to the expiration of the initial term or optional
666 extension term due to the default of the CONTRACTOR as set forth in Article 29
667 of this Agreement. Under such circumstances, the CITY shall have the right to
668 take possession of the bins and shall retain such possession until satisfactory
669 arrangements can be made to provide Collection Services using other
670 equipment. Such time of possession shall not be limited and regardless of the
671 time of possession there shall be no monies owing to the CONTRACTOR from
672 the CITY for the use of the equipment. Upon the receipt of written notice from
673 the CITY, CONTRACTOR shall submit to the City Representative an inventory of
674 bins, including their locations.
675 3.07.7 Ownership of Roll-Off Containers. Ownership of Roll-Off
676 Containers distributed by the CONTRACTOR shall rest with the CONTRACTOR
677 except in the case of the termination of the Agreement prior to the expiration of
678 the initial term or optional extension term due to the default of the
679 CONTRACTOR. Under such circumstances, the CITY shall have the right to
680 take possession of the containers and shall retain such possession until
681 satisfactory arrangements can be made to provide Collection Services using
682 other equipment. Such time of possession shall not be limited and regardless of
683 the time of possession there shall be no monies owing to the CONTRACTOR
684 from the CITY for the use of the equipment. Upon the receipt of written notice
685 from the CITY, CONTRACTOR shall submit to the City Representative an
686 inventory of containers, including their locations.
687 3.07.8 Annual Inspection and inspect Cleaning. Once each Agreement
688 Year, at no charge to the CITY or the MFD or Commercial Service Unit,
689 CONTRACTOR shall inspect all Garbage, Recycling, and Organic Waste Bins at
690 the Service Unit's premises and shall replace those bins needing cleaning with
691 clean bins and remove the dirty bins for cleaning.
692 3.07.9 Organic Waste Pails. As requested by the Service Recipient,
693 CONTRACTOR shall provide each SFD Service Unit with a pail for use in the
Page 5 - 21
Section 5
.8Ît'b ¡La"3
694 kitchen that is suitable for the collection and storage of food scraps and that is
695 consistent in function to meet the Alameda County Waste Management
696 Authority's Residential Food Scrap Subsidy Program guideline requirements.
697 The kitchen pail shall have a capacity of 1.5 to 2.5 gallons, a wire or plastic
698 handle, and a lid and must be approved by the CITY.
699 3.07.10 Orqanic Waste Containers. If requested by the customer,
700 CONTRACTOR shall provide Commercial Service Units receiving Commercial
701 Organic Collection Service with a watertight container for indoor storage of
702 Commercial Organic Waste prior to placing the waste in the Organic Waste Cart
703 or Bin. The size of the container shall be determined by the Service Recipient
704 and the CONTRACTOR. CONTRACTOR shall be responsible for the repair and
705 maintenance of the containers.
706 3.08 Labor and Eauipment. CONTRACTOR shall provide and maintain
707 all labor, equipment, tools, facilities, and personnel supervision required for the
708 performance of CONTRACTOR'S obligations under this Agreement.
709 CONTRACTOR shall at all times have sufficient backup equipment and labor to
710 fulfill CONTRACTOR'S obligations under this Agreement. No compensation for
711 CONTRACTOR'S services or for CONTRACTOR'S supply of labor, equipment,
712 tools, facilities or supervision shall be provided or paid to CONTRACTOR by
713 CITY or by any Service Recipient except as expressly provided by this
714 Agreement.
715 3.09 Holidav Service. The CITY observes Labor Day, Thanksgiving
716 Day, December 25th, and January 1st as legal holidays. CONTRACTOR shall not
717 be required to provide Collection Services or maintain office hours on the
718 designated holidays. In any week in which one of these holidays falls on a Work
719 Day, SFD Collection Services for the holiday and each Work Day thereafter will
720 be delayed one Work Day for the remainder of the week with normally scheduled
721 Friday Collection Services being performed on Saturday. MFD, Commercial and
722 City Collection Services shall be adjusted as agreed between the
723 CONTRACTOR and the Service Recipient but must meet the minimum frequency
724 requirement of one (1) time per week.
725 3.10 Disposal and Processina.
726 3.10.1 Disposal Facilitv. Except as set forth below, all Solid Waste
727 Collected as a result of performing Collection Services shall be transported to,
728 and disposed of, at the Disposal Facility. In the event the Disposal Facility is
729 closed on a Work Day, the CONTRACTOR shall transport and dispose of the
730 Solid Waste at such other legally permitted disposal facility as is approved by
731 CITY. Failure to comply with this provision shall result in the levy of liquidated
732 damages as specified in Article 22 of this Agreement and may result in the
733 CONTRACTOR being in default under this Agreement.
734 3.10.2 Material Recovery Facilitv. All Recyclable Materials Collected as a
735 result of performing Recycling Services shall be delivered to the Material
736 Recovery Facility (MRF). In the event the MRF is closed on a Work Day, the
Page 5 - 22 City of Dublin
· ::3/6 u(:') J t.: "3
Collection Service Agreement
737 CONTRACTOR shall transport and deliver the Recyclable Material to such other
738 legally permitted MRF as is approved by CITY. Failure to comply with this
739 provision shall result in the levy of liquidated damages as specified in Article 22
740 of this Agreement and may result in the CONTRACTOR being in default under
741 this Agreement.
742 3.10.3 Oroanic Waste Processing Facility. CONTRACTOR shall deliver
743 all Collected Organic Waste to a fully permitted Organic Waste Processing
744 Facility. In the event the facility is closed on a Work Day, the CONTRACTOR
745 shall transport and deliver the Organic Material to such other legally permitted
746 facility as is approved by CITY. CONTRACTOR shall ensure that all Organic
747 Waste Collected pursuant to this Agreement, except residue resulting from
748 processing, is diverted from the Disposal Facility in accordance with AB 939 and
749 subsequent legislation and regulations. In no instance, except for residue
750 resulting from processing, shall Organic Waste be used for ADC.
751 3.10.4 Large Item Processina and Disposal. CONTRACTOR shall
752 process and Dispose of Large Items Collected from Service Units pursuant to
753 this Agreement in accordance with the following hierarchy:
754 3.10.4.1 Reuse as is (where energy efficiency is not
755 compromised)
756 3.10.4.2 Disassemble for reuse or Recycling
757 3.10.4.3 Recycle
758 3.10.4.4 Disposal
759 3.10.5 CONTRACTOR shall not landfill such Large Items unless the
760 Large Items cannot be reused or recycled.
761 3.10.6 CITY Direction of Laroe Items. CITY reserves the right to direct
762 CONTRACTOR to take Large Items Collected pursuant to this Agreement to a
763 designated site or sites for the purpose of permitting persons who will reuse or
764 recycle such Large Items to obtain the Large Items at no cost. CONTRACTOR
765 shall have no obligation to dispose of the Large Items or Large Item residue
766 remaining at the directed site or sites after reusers and recyclers have removed
767 reusable or recyclable Large Items.
768 3.10.7 Large Items Containina Freon. I n the event CONTRACTOR
769 Collects Large Items that contain Freon, CONTRACTOR shall handle such Large
770 Items in a manner such that the Large Items are not subject to regulation as
771 Hazardous Waste under applicable state and federal laws or regulations.
772 3.10.8 Used Oil Processing. CONTRACTOR shall recycle all Used Oil
773 Collected pursuant to this Agreement to the extent feasible and shall properly
774 dispose of all Used Oil and Used Oil Filters that are contaminated or otherwise
775 cannot be recycled.
7763.10.8.1 CONTRACTOR shall recycle the Used Oil
777 only with persons who are authorized by the State of California to recycle oil. In
Page 5 . 23
Section 5
,jCf D(;> /LÞ~
778 the event the Used Oil or Used Oil Filters Collected pursuant to this Agreement is
779 contaminated to the extent that the Used Oil or Used Oil Filters require disposal
780 as a Hazardous Waste, CONTRACTOR shall dispose of such Used Oil or Used
781 Oil Filters, at CONTRACTOR'S own cost and expense in accordance with
782 applicable state and federal law.
783 3.10.8.2 CONTRACTOR shall notify the City
784 Representative, either by Fax or e-mail, of any contamination which renders the
785 Used Oil unacceptable for recycling or which requires disposal of the Used Oil or
786 Used Oil Filters as a Hazardous Waste.
787 3.10.8.3 Seareaation of Used Oil. CONTRACTOR
788 shall keep all Used Oil and Used Oil Filters Collected pursuant to this Agreement
789 segregated from other materials.
790 3.11 Recyclina - Improper Procedure. Except as set forth below, the
791 CONTRACTOR shall not be required to Collect Recyclable Materials if the
792 Service Recipient does not segregate the Recyclable Materials from Solid Waste.
793 If Recyclable Materials are contaminated through commingling with Solid Waste,
794 the CONTRACTOR shall, if practical, separate the Solid Waste from the
795 Recyclable Materials. The Recyclable Materials shall then be Collected and the
796 Solid Waste shall be left in the Recycling Cart or Bin along with a Non-Collection
797 Notice explaining why the Solid Waste is not considered a Recyclable Material.
798 However, in the event the Recyclable Materials and Solid Waste are commingled
799 to the extent that they cannot easily be separated by the CONTRACTOR or the
800 nature of the Solid Waste renders the entire Recycling Cart or Bin contaminated,
801 the CONTRACTOR will leave the Recycling Cart or Bin un-emptied along with a
802 Non-Collection Notice that contains instructions on the proper procedures for
803 setting out Recyclable Materials.
804 3.12 Recyclina - Chanqes to Work. Should changes in law arise that
805 necessitate any additions or deletions to the work described herein including the
806 type of items included as Recyclable Materials, the parties shall negotiate any
807 necessary cost changes and shall enter into an Agreement amendment covering
808 such modifications to the work to be performed and the compensation to be paid
809 before undertaking any changes or revisions to such work.
810 3.13 Handy Hauler and Roll-Off Container Service. CONTRACTOR
811 shall provide "Handy Hauler" bin service and Roll-Off Container service for the
812 Collection of non-hazardous materials at the service rates set forth in Exhibit 1 to
813 the Agreement. CONTRACTOR shall deliver and pick-up the bins and containers
814 at the direction of the Service Recipient. The bins and containers shall be clean,
815 free of graffiti and in good repair. The bins and containers must be clearly
816 marked and identifiable as belonging to CONTRACTOR. Special consideration
817 shall be given when determining the delivery and pickup area for the bins and
818 containers to ensure that the flow of traffic is not impeded and that it does not
819 result in aesthetic degradation of an area. If the Service Recipient and the
820 CONTRACTOR cannot agree on a delivery and pick up area, the area shall be
Page 5 - 24 City of Dublin
40DD)
Collection Service Agreement
¡' r',,".',~,.
, -I
821 determined by the CITY. In addition, if, in the opinion of the CITY the delivery
822 and pick up area is inappropriate, CITY may require the CONTRACTOR to
823 relocate the bin or container.
824 3.14 Inspections. The CITY shall have the right to inspect the
825 CONTRACTOR'S facilities or collection vehicles and their contents at any time
826 while operating inside or outside the CITY.
827 3.15 Comminqlinq of Materials.
828 3.15.1 Residential Waste and Recyclable Material. CONTRACTOR shall
829 not at any time commingle Residential Waste, Collected pursuant to this
830 Agreement. with any Recyclable Material separated for Collection pursuant to
831 this Agreement without the express prior written authorization of the City
832 Representative.
833 3.15.2 Residential Waste Collected in Dublin. CONTRACTOR shall not
834 at any time commingle any Residential, Commercial or City Waste. Collected
835 pursuant to this Agreement, with any other material Collected by CONTRACTOR
836 inside or outside the City of Dublin without the express prior written authorization
837 of the City Representative.
838 3.15.3 Recyclable Materials. CONTRACTOR shall not at any time
839 commingle Recyclable Materials Collected pursuant to this Agreement. with any
840 other material Collected by CONTRACTOR inside or outside the City of Dublin
841 without the express prior written authorization of the City Representative.
842 3.16 Spillaae and Litter. The CONTRACTOR shall not litter premises in
843 the process of providing Collection Services or while its vehicles are on the road.
844 The CONTRACTOR shall transport all materials Collected under the terms of this
845 Agreement in such a manner as to prevent the spilling or blowing of such
846 materials from the CONTRACTOR'S vehicle. The CONTRACTOR shall exercise
847 all reasonable care and diligence in providing Collection Services so as to
848 prevent spilling or dropping of Residential Waste, Commercial Waste, City Waste
849 or Recyclable Materials and shall immediately, at the time of occurrence, clean
850 up such spilled or dropped materials.
851 3.16.1 The CONTRACTOR shall not be responsible for cleaning up
852 sanitary conditions caused by the carelessness of the Service R~cipient;
853 however, the CONTRACTOR shall clean up any material or residue that are
854 spilled or scattered by the CONTRACTOR or its employees.
855 3.16.2 Equipment oil, hydraulic fluids, spilled paint, or any other liquid or
856 debris resulting from the CONTRACTOR'S operations or equipment repair shall
857 be covered immediately with an absorptive material and removed from the street
858 surface. When necessary, CONTRACTOR shall apply a suitable cleaning agent
859 to the street surface to provide adequate cleaning.
860 3.16.3 The above paragraphs not withstanding. CONTRACTOR shall
861 clean up any spillage or litter caused by CONTRACTOR within two (2) hours
862 upon notice from the CITY.
,.6.'~)()¥>:',p
¡íl,',ì,,:.'~,', I' ':,\",,\,,\\
n: ....!; .. v'~·)
'~.,~. }Î
Z1Zi.!.I~t1~>
Page 5 - 25
Section 5
YI t5~~ 11..03
L
863 3.16.4 To facilitate such cleanup, CONTRACTOR'S vehicles shall at all
864 times carry sufficient quantities of petroleum absorbent materials along with a
865 broom and shovel.
866 3.17 Ownership of Materials.
867 3.17.1 Title to Residential Waste, Commercial Waste, City Waste and
868 Recyclable Materials shall pass to CONTRACTOR at such time as said materials
869 are placed in the CONTRACTOR'S Collection vehicle.
870 3.17.2 Title to material Collected as part of the Neighborhood Clean-up
871 Service or Special Collection Service shall pass to CONTRACTOR at the time
872 the material is placed in the Roll-Off Container or other Collection vehicle or
873 container approved for use at the event.
874 3.18 Hazardous Waste Inspection and Handlina Proaram.
875 3.18.1 CONTRACTOR shall develop a Hazardous Waste inspection and
876 handling program that includes the following components: (i) personnel training;
877 (ii) load checking procedures; (iii) proper management of Hazardous Waste (iv)
878 record keeping and emergency procedures; and (v) public education program
879 designed to educate generators regarding proper methods for handling and
880 disposing of Hazardous Waste.
881 3.18.2 CONTRACTOR'S load checking personnel, including its Collection
882 vehicle drivers, shall be trained in (i) the effects of Hazardous Waste on human
883 health and the environment; (ii) identification of Hazardous Waste; and (iii)
884 emergency notification and response procedures. When practical,
885 CONTRACTOR shall inspect Collection containers prior to Collection in order to
886 identify Hazardous Waste.
887 3.18.3 Response to Hazardous Waste Identified durina Collection. Under
888 no circumstances shall CONTRACTOR'S employees knowingly Collect
889 Hazardous Waste, or remove unsafe or poorly containerized Hazardous Waste,
890 from a Collection container. If CONTRACTOR determines that material placed in
891 any container for Collection is Hazardous Waste, or other material that may not
892 legally be accepted at the Disposal Facility, or one of the processing facilities, or
893 presents a hazard to CONTRACTOR'S employees, the CONTRACTOR shall
894 have the right to refuse to accept such material. The generator shall be
895 contaGted by the CONTRACTOR and requested to arrange for proper Disposal
896 Service. If the generator cannot be reached immediately, the CONTRACTOR
897 shall, before leaving the premises, leave a Non-Collection Notice, which indicates
898 the reason for refusing to Collect the material and lists the phone number for the
899 Alameda County Household Hazardous Waste Facility. CONTRACTOR'S
900 environmental technician (identified below) shall be notified to resolve the issue
901 with the generator.
902 The contact information for the CONTRACTOR'S environmental technician is as
903 follows:
Page 5 . 26 City of Dublin
~d- Db 1w':)
Collection Service Agreement
904 Name:
905 Address:
906 City, State, Zip Code:
907 Phone Number:
908 Email Address:
909 3.18.4 If Hazardous Waste is found in a Collection container that poses
910 an imminent danger to people or property, the CONTRACTOR shall immediately
911 notify the CITY Fire Department using the 911 emergency telephone number.
912 The CONTRACTOR shall notify the CITY of any Hazardous Waste identified
913 within twenty four (24) hours of identification of such material.
914 3.18.5 If Hazardous Waste is identified at the time of delivery to the
915 Disposal Facility, or one of the processing facilities and the generator cannot be
916 identified, CONTRACTOR shall be solely responsible for handling and arranging
917 transport and disposition of the Hazardous Waste.
918 3.19 Regulations and Record Keepina. CONTRACTOR shall comply
919 with emergency notification procedures required by applicable laws and
920 regulatory requirements. All records required by regulations shall be maintained
921 at the CONTRACTOR'S facility. These records shall include waste manifests,
922 waste inventories, waste characterization records, inspection records, incident
923 reports, and training records.
924 3.20 Transition. CONTRACTOR understands and agrees that the time
925 between the formal Agreement signing and July 1, 2005 is intended to provide
926 the CONTRACTOR with ample and sufficient time to, among other things, order
927 equipment, prepare necessary routing schèdules and route maps, obtain any
928 permits and licenses, establish/build facilities, and begin the public awareness
929 campaign as part of the CONTRACTOR'S transition program as specified in this
930 Agreement. CONTRACTOR shall be responsible for the provision of all
931 Collection Services beginning July 1, 2005. CITY agrees that during the first
932 three (3) months of the initial Agreement Year, provision of SFD Organic
933 Collection Service may consist of public awareness and education activities,
934 service solicitation activities and the ordering and delivery of the "kitchen pails".
935 ARTICLE 4. Service Billing and Collection
936 4.01 CITY'S Responsibilitv for Billing and Collection.
937 4.01.1 Minimum SFD Collection Service. The CITY has a
938 mandatory system for SFD Service Units whereby the CITY collects the annual
939 cost of the service on the annual property tax bill. Minimum SFD Collection
940 Service includes:
941 · SFD Solid Waste Collection Service (32 gallon Cart);
Page 5 - 27
Section 5
4~ V l",¡ \ lO')
~'-""/
942 · SFD Recycling Service (64 gallon Cart with option to
943 change to 96 or 32 gallon cart or add one additional cart);
944 · SFD Organic Waste Collection Service (64 gallon Cart with
945 option to change to 96 or 32 gallon cart or add one
946 additional cart);
947 · Large Item Collection Service;
948 · Used Oil Collection Service; and
949 · Annual HHW drop-off event.
950 4.01.2 CITY Payments to CONTRACTOR. CITY will provide two
951 (2) payments to CONTRACTOR for the provision of Minimum SFD Collection
952 Service. The first payment will include services for the period from July 1 st
953 through December 31st of each year and will be made no later than the following
954 January 15th. The second payment will include services for the period from
955 January 1st through June 30th of each year and will be made no later than May
956 15th of that year. The payment shall be the minimum service rate multiplied by the
957 number of customers assessed on the current tax roll multiplied by 6 (months).
958 4.01.3 CONTRACTOR'S Responsibilitv for Bîllina and Collection.
959 4.01.3.1 SFD Service Units. Costs of larger Garbage
960 Carts above the Minimum SFD Collection Service level shall be billed and
961 collected by the CONTRACTOR. In addition, CONTRACTOR shall be
962 responsible for the billing and collection of payments for all SFD Collection
963 Services for those SFD Service Units added through annexation or new
964 construction after the minimum service property tax assessment has been
965 finalized. Such billing shall be provided to customers quarterly in advance but no
966 earlier than twentieth (20th) day of the month preceding the period for which the
967 service is being billed. CONTRACTOR shall provide CITY with a list in electronic
968 format of those SFD Service Units that have been added to CONTRACTORS
969 customer base since the previous tax assessment by March 31st and again by
970 June 30th of each Agreement Year.
971 4.01.3.2 MFD and Commercial Service Units. The
972 CONTRACTOR shall be responsible for the billing and collection of payments for
973 MFD and Commercial Collection Services within the Service Area. Such billing
974 shall be provided to the customers monthly in advance. Not withstanding the
975 preceding provision, the CONTRACTOR shall not bill for City Collection Services.
976 4.02 Delinquent Service Accounts. The CONTRACTOR may report to
977 the City Representative, on a regular basis, all Service Recipients who have
978 received Collection Service and whose accounts are over one-hundred twenty
979 (120) days past due. The CONTRACTOR may take such action as is legally
980 available to collect or cause collection of such past due amounts. However, in no
981 event, except upon notice in writing by the City Representative, shall the
Page 5 - 28 City of Dublin
4y. l/(J 1LD"S
Collection Service Agreement
982 CONTRACTOR cease provision of Collection Services to any Service Unit due to
983 non-payment.
984 4.03 Methods of Payment. CONTRACTOR shall provide the means for
985 customers to pay bills through the following methods: cash, checks, credit cards,
986 internet payment service or automatic withdrawal from bank account.
987 4.04 CONTRACTOR'S Payments to CITY. CONTRACTOR shall
988 make payment to the CITY of a franchise fee, administrative fee and such other
989 fees as may be specified in this Section 4.04. Payment to the CITY shall be due,
990 on the fifteenth (15th) day of the month following the month the revenues are
991 collected. Each such payment shall be accompanied by an accounting, which
992 sets forth CONTRACTOR'S gross revenues collected during the preceding
993 month.
994 4.04.1 Franchise Fee. The franchise fee shall be a percentage of
995 CONTRACTOR'S gross revenue collected each month under the terms of this
996 Agreement. Gross revenue shall specifically include revenue received by the
997 CONTRACTOR from any entity, including Federal, State, County or other local
998 facilities within the Service Area for the provision of Collection Services by the
999 CONTRACTOR. However, revenue received by the CONTRACTOR from the
1000 sale of recyclable materials and from related CRV payments shall not be
1001 considered as gross revenues for purpose of the calculation of franchise fees.
1002 The franchise fee percentage shall be twelve and sixth-tenths percent (12.6%)
1003 during the term of this Agreement unless adjusted by the CITY.
1004 4.04.2 Administrative Fee. The administrative fee shall be a
1005 percentage of CONTRACTOR'S gross revenue collected each month under the
1006 terms of this Agreement. Gross revenue shall specifically' include revenue
1007 received by the CONTRACTOR from any entity, including Federal, State, County
1008 or other local facilities within the Service Area for the provision of Collection
1009 Services by the CONTRACTOR. However, revenue received by the
1010 CONTRACTOR from the sale of recyclable materials and from related CRV
1011 payments shall not be considered as gross revenues for purpose of the
1012 calculation of administrative fees. The administrative fee percentage shall be two
1013 percent (2%) during the term of this Agreement unless adjusted by the CITY.
1014 4.04.3 Other Fees. CITY may set such other fees as it deems
1015 necessary.
1016 4.04.4 No acceptance by CITY of any payment shall be construed
1017 as an accord that the amount is in-fact the correct amount, nor shall such
1018 acceptance of payment be construed as a release of any claim CITY may have
1019 against CONTRACTOR for any additional sums payable under the provisions of
1020 this Agreement. All amounts paid shall be subject to independent audit and
1021 recompilation by CITY. If, after the audit, such recompilation indicates an
1022 underpayment CONTRACTOR shall pay to CITY the amount of the
1023 underpayment and shall reimburse CITY for all reasonable costs and expenses
1024 incurred in connection with the audit and recompilation within ten (10) days of
/:>~~}~'>f.))i?~¿.\
,,!II~.i~' ..1 \)\\0..,
!'¡ """',- ,. I·'<~
'~.,~, /ll
'-1/ii:{i~:~.~':~'
Page 5 - 29
Lt C;; "'D(^" \ lC'~
--)
Section 5
1025 receipt of written notice from CITY that such is the case. If, after audit, such
1026 recompilation indicates an overpayment, CITY shall notify the CONTRACTOR in
1027 writing of the amount of the overpayment, less costs and expenses incurred in
1028 connection with the audit and recompilation. CONTRACTOR may offset the
1029 amounts next due following receipt of such notice by the amount specified
1030 therein.
1031 ARTICLE 5. Compensation and Rates
1032 5.01 Collection Service Rates. The CONTRACTOR shall charge
1033 Service Recipients the service rates established in Exhibit 1 to this Agreement
1034 and as may be adjusted under the terms of this Agreement.
1035 5.02 Collection Service Compensation to CONTRACTOR. Collection
1036 Service compensation provided for in this Article shall be the full, entire and
1037 complete compensation due to CONTRACTOR pursuant to this Agreement for
1038 the provision of Collection Services as set forth herein.
1039 5.03 Collection Service Compensation Elements. Collection Service
1040 compensation to the CONTRACTOR shall consist of the following elements; a
1041 Collection Compensation Element, a Disposal Compensation Element, a
1042 Container Compensation Element and a Fee Compensation Element
1043 5.04 Initial Compensation to CONTRACTOR. CONTRACTOR'S
1044 compensation for the first (1st) Agreement Year shall be $$ as set forth in Exhibit
1045 1 to this Agreement.
1046 5.05 Annual Compensation Adiustments. Beginning on July 1, 2006,
1047 and annually thereafter, CONTRACTOR shall, subject to compliance with all
1048 provisions of this Article, be eligible to receive an adjustment, in the
1049 Compensation Elements as set forth in Exhibit 1 to this Agreement.
1050 5.05.1 Adiustments to Collection Compensation Element. The
1051 Collection Compensation Element adjustment consists of two (2) factors, the
1052 Refuse Rate Adjustment (RRI) factor and the annual growth (AG) factor.
1053 5.05.1.1 RRI Factor. The RRI factor shall be the
1054 lesser of five percent (5%) or the sum of the weighted percentage change in the
1055 Annual Average of each RRI index number between the second (2nd) preceding
1056 calendar year and the preceding calendar year, as contained in the most recent
1057 release of the source documents listed in Exhibit 2, ("Compensation Model")
1058 which is attached to and included in this Agreement. Therefore, the first RRI
1059 factor will be based on the percentage change between the Annual Average of
1060 the RRI indices for the year ended December 31, 2004 (the second (2nd)
1061 preceding calendar year) and the Annual Average of the RRI indices for the year
1062 ended December 31, 2005, (the preceding calendar year). The RRI factor shall
1063 be calculated using the Compensation Model included in Exhibit 2.
Page 5 - 30 City of Dublin
Y-lP <:YD \ LQ '::;
Collection Service Agreement
1064 5.05.1.2 Annual Growth Factor. The AG factor for
1065 each compensation adjustment shall be the percentage change in the beginning
1066 Calculated Revenue and the ending Calculated Revenue.
1067 5.05.1.3 Initial Calculation. Calculated Revenue
1068 shall be the sum of the product of the Collection Service event census data
1069 multiplied by the appropriate Service rate. For purposes of determining the AG
1070 factor for the initial compensation adjustment of July 1, 2006, beginning
1071 Calculated Revenue shall be calculated using the Collection Service event
1072 census data and rates as of July 1, 2005 and ending Calculated Revenue shall
1073 be calculated using the Collection Service event census data as of December 31,
1074 2005 and the rates as of the July 1, 2005 as shown on Exhibit 2.
1075 5.05.1.4 Subseauent Calculations. Calculated
1076 Revenue shall be the sum of the product of the Collection Service event census
1077 data multiplied by the appropriate Service rate. For purpose of determining the
1078 AG factor for all subsequent compensation adjustment, beginning Calculated
1079 Revenue shall be calculated using the Collection Service event census data as of
1080 the preceding January 1 sl and rates as of the preceding July 1 sl and ending
1081 Calculated Revenue shall be calculated using the Collection Service event
1082 census data as of the preceding December 31 sl and the rates as of the preceding
1083 July 1 Sl. Therefore to determine the AG factor for the July 1, 2007 compensation
1084 adjustment, beginning Calculated Revenue shall be calculated using the
1085 Collection Service event census data as of January 1, 2006 and rates as of July
1086 1, 2006 and ending Calculated Revenue shall be calculated using the Collection
1087 Service event census data as of December 31,2006 and the rates as of the ~uly
1088 1, 2006.
1089 5.05.1.5 Collection Compensation Element
1090 Adjustment. The annual Collection Compensation Element adjustment shall be
1091 calculated by multiplying the Collection Compensation Element times one (1)
1092 plus the sum of the RRI factor and the AG factor, as shown in Exhibit 2.
1093 5.05.2 Adiustments to Disposal Compensation Element. The
1094 Disposal Compensation Element adjustment consists of two (2) factors; the
1095 approved tip fee, (ATF), factor and annual tonnage, (AT), factor.
1096 5.05.2.1 Approved Tip Fee Factor. The ATF factor
1097 shall be the percentage change in the approved tip fee of the Disposal Contractor
1098 in effect during the first (1SI) month of the then current Agreement Year and the
1099 approved tip fee to be effective on the first (1 SI) day of the subsequent Agreement
1100 Year. Therefore the first (1SI) ATF factor will be the percentage change in the
1101 approved tip fee as of July 1, 2005 and the approved tip fee as of July 1 2006.
1102 5.05.2.2 Annual Tonnaae Factor. The AT factor shall
1103 be the percentage change in the Prior Calculated Tonnage and the Current
1104 Calculated Tonnage. For purposes of the initial compensation adjustment of July
1105 1, 2006, the Prior Calculated Tonnage shall be the tonnage figure submitted by
1106 the CONTRACTOR as set forth in Exhibit 1 to this Agreement. The Current
,'~,,«':(:?.tJ}!?i~~\
!íl...I...:~,..,..~<i;..'.I.".\.,..\i\
:~ n(, ~;¡;I!;))'~'~~!
~!, """', //j;
·,1/..rf(N~\~
Page 5 - 31
Yi 0).-" \ lc;:.:)
"""m"./'
Section 5
1107 Calculated Tonnage shall be the actual tonnage disposed by the CONTRACTOR
1108 at the Disposal Facility for the first six (6) months of the Agreement Year divided
1109 by six (6) and multiplied by twelve (12).
1110 5.05.2.3 For all subsequent compensation
1111 adjustments, the Prior Calculated Tonnage shall be the prior Current Calculated
1112 Tonnage. The Current Calculated Tonnage shall be the actual tonnage disposed
1113 by the CONTRACTOR at the Disposal Facility for the preceding twelve months
1114 ended December 31st. Therefore the AG factor for the July 1, 2007
1115 compensation adjustment will be the percentage change between the prior
1116 Current Calculated Tonnage and the actual tonnage disposed by the
1117 CONTRACTOR at the Disposal Facility for the preceding twelve months ended
1118 December 31,2006 (the Current Calculated Tonnage).
1119 5.05.3 Disposal Compensation Element Adjustment. The annual
1120 Disposal Compensation Element adjustment shall be calculated by multiplying
1121 the Disposal Compensation Element times one (1) plus the combination of the
1122 ATF and AT factors as shown in Exhibit 2.
1123 5.05.4 Adjustments to Container Compensation Element. The
1124 Container Compensation Element represents the amortized cost of carts and
1125 bins over the life of the Collection Service Agreement and shall not be adjusted
1126 except to account for customer growth through the use of the AG factor as set
1127 forth in Section 5.05.1.2 above.
1128 5.05.5 Container Compensation Element Adiustment. The annual
1129 Container Compensation Element adjustment shall be calculated by multiplying
1130 the Container Compensation Element times one (1) plus the AG factor as shown
1131 in Exhibit 2.
1132 5.05.6 Fee Compensation Element Adiustment. The Fee
1133 Compensation Element shall always be equal to the sum of the Collection
1134 Compensation Element, Disposal Compensation Element, and Container
1135 Compensation Element (the "base compensation" divided by [1 minus the sum
1136 of the then current fee percentages] minus the base compensation. The Fee
1137 Compensation Element shall be adjusted annually at such time as the Collection
1138 Compensation Element is adjusted or at such time as CITY adjusts the franchise
1139 fee or administrative fee percentages or adds a new fee.
1140 5.06 Financial Information. On or before March 1, 2006,
1141 CONTRACTOR shall deliver to CITY financial information for the specific
1142 services performed under this Agreement for the preceding fiscal period ended
1143 December 31, 2005. On or before March 1, 2007 and annually thereafter during
1144 the term of this Agreement, CONTRACTOR shall deliver to CITY financial
1145 information for the specific services performed under this Agreement for the
1146 preceding calendar year. Such financial information shall be in the format as set
1147 forth in Exhibit 2, or as may be further revised by CITY from time to time.
Page 5 - 32 City of Dublin
4£ DO \ l_C:;
Collection Service Agreement
1148 5.07 Collection Service Event Census Data. On or before August 20,
1149 2005 and monthly thereafter during the term of this Agreement, CONTRACTOR
1150 shall deliver to CITY, Collection Service event census data consisting of the
1151 number of Collection Service events provided to SFD, MFD and Commercial
1152 Service Units during the preceding month. A Collection Service event shall be
1153 any service above the Minimum SFD Collection Service minimum service billed
1154 by the City. The census data shall be segregated by type of service and as
1155 appropriate, container size, number of containers and frequency of Collection.
1156 5.08 TonnaQe Data. On or before August 20, 2005 and monthly
1157 thereafter during the term of this Agreement, CONTRACTOR shall deliver to
1158 CITY a listing of the actual tonnage disposed by the CONTRACTOR at the
1159 Disposal Facility for the preceding month sorted between SFD, MFD Commercial
1160 and CITY Service Units and between Roll-Off Containers and all other containers
1161 to the extent practical.
1162 5.09 Roundina. Annual adjustments shall be made only in units of one
1163 cent ($0.01). Fractions of less than one cent ($0.01) shall not be considered in
1164 making adjustments. The indices shall be truncated at four (4) decimal places for
1165 the adjustment calculations.
1166 5.10 Extraordinary Circumstances. If CONTRACTOR fails to submit
1167 the financial, customer base, or tonnage data in the required format and time
1168 due, it is agreed that CONTRACTOR shall be deemed to have waived the next
1169 scheduled Collection Compensation Element adjustment.
1170 5.10.1 However, if CONTRACTOR'S failure to submit the data
1171 required under this Article is the result of extraordinary or unusual circumstances
1172 as demonstrated by CONTRACTOR to the satisfaction of the City
1173 Representative, CITY, at its sole discretion, may consider the request for the
1174 annual Collection Compensation Element adjustment.
1175 5.11 Extraordinary Adjustment.
1176 5.11.1 CONIBACTOR mav cetition the CITY in writina at anv
1177 time for an.j~d.dj.ti.QDal comcensation adiustment on the basis of extraqJdinarv anc!
1178 .un.u.s.u.aL.c.h8.ruJes in the costs of ocerations.-m croarams that satisfv all of the
1179 followìnQ conditions: (i) materjallv alters CONTRACTOR'S oDerations or overall
1180 costs: (iD could not reasonablv have been foreseen bv a crudent ocerator: (iiD
1181 which. bv all reasonable eXDectations will continue for a Deriod of at least six (6)
1182 months: and (iv) is not addressed Dursuant to Article 27. CONTRACTOR'S
1183 request shall contain substantial Droof and iustification to SUDDort the need for the
1184 comDensation adiustment. The CITY mav request from the CONTRACTOR such
1185 further information as it deems necessarv to fullv evaluate the reauest and make
1186 jts determination. The CITY shall in its discretion mav aDDrove or denv the
1187 reauest. in whole or in Dart. within sixtv (60) calendar davs of receiDt of the
1188 ~Iitl~iIl..m.uestB.nd all other additionaUnf.Qrmation roauir~ªºp reauestedJ2.Y.Jb..e
1189 ~-Llx'
~,/>~~~\)t):.kk&~"
,.iit.Ì;~i. ,~,Q....\)\\;
1<·1¡ ~,_ ~/~.~:
'~, .~, J/l
Ç··l:~,/FÖt;:;')\" ~
Page 5 - 33
Section 5
yq Db \ \.0-,
1190 ~.1.2 No Extraordinarv Adjustment shall occur or additional
1191 comDensatjon be Drovided due to the_J~Q.blTRACTOR s use of anv facility,...QI;
1192 service Drovider other than as set forth in tM P[QQ9sal Forms included in Exhibit
1193 1 hereto. Nor shall a variation from the QQ!';LlBACTOR's estimate set fortbjn
1194ExtJl.Q"iL1~J,,,,,§,g,ymm--ªfit ªnd---P-ªŒQQ!J.eLr~yjx~g},==º.r""l!J,~t,lºJ.llli!g,~,pf S91 id W-ªSl~
1195 Re~claº-!§'_M§lJeriªJLQJ QrgªtJiç W.asle~Þ5Lç"ºJ.JJtçl§,º,.¡,,.,J?J.Qc.~ssed o!"_-º1sJ2Q§,~g
1196 ~xist~=¡L.b,ª,~liLiQL..aD i.D.CLe..a.s..EL~.QffiQeÐSª-tLQD."",,,,1b.,r.º.µ.9tL,,,,aIL.E2s:1raord inß-Œ
1197 Adiustment or otherwise. exceot as soecÆgg~Drovided for bv the Annual
1198 Comoensatjon Adjustment PCQ.c.e.£S-",ª.el,,.1Qrth in Section 5.05.
1199 5.12 Calculation of Service Rates. CITY shall calculate those rates that
1200 it deems appropriate so long as the revenue forecasted to be received by
1201 CONTRACTOR from charging such rates can reasonably be expected to provide
1202 compensation to the CONTRACTOR as calculated in Section 5.05 above. In
1203 preparing the service rate calculations, CITY may use the most current event
1204 census data available. As part of the rate calculation process, CITY shall provide
1205 the rate calculations and assumptions to the CONTRACTOR for their review.
1206 However, the final decision of the rate structure rests solely with the CITY.
1207 5.13 Compensation Variances. CONTRACTOR shall retain any
1208 compensation in excess of that calculated in Section 5.05 above and shall not be
1209 entitled to any additional revenues if compensation is less than calculated in
1210 Section 5.05 above.
1211 ARTICLE 6. Diversion Requirements
1212 6.01 Minimum Reauirements. The CITY requires the
1213 CONTRACTOR to achieve a minimum annual diversion rate of fifty percent
1214 (50%), or such other amount as may be set in accordance with the provisions of
1215 Article 27 of this Agreement, over each Calendar Year beginning January 1,
1216 2006. The annual diversion rate will be calculated as "the tons of materials
1217 Collected from the provision of Collection Services that are sold or delivered to a
1218 recycler or reuser, as required by this Agreement, divided by the total tons of
1219 materials Collected in each Calendar Year.
1220 6.02 Failure To Meet Minimum Reauirements. CONTRACTOR'S
1221 failure to meet the minimum diversion requirements set forth above in Section
1222 6.01 may result in the termination of this Agreement or the imposition of
1223 liquidated damages. In determining whether or not to assess liquidated damages
1224 or terminate the Agreement, the CITY will consider the good faith efforts put forth
1225 by the CONTRACTOR to meet the minimum diversion requirements. This
1226 consideration will include the methods and level of effort of the CONTRACTOR to
1227 fully implement the diversion and public education plans included by reference as
1228 part of this Agreement. The CONTRACTQfL~ihal.Lbe held to the standar~i.an
1229 effective. Drof~..5.sional. and orude.ntlv desianeq...ap,å..QQerated diversion al)-,~bli.c.
1230 ed.uc.a~9.Qham within a sjmilar m~~jurl~,çHç!!on.
Page 5 - 34 City of Dublin
bODb \LO)
Collection Service Agreement
1231 ARTICLE 7. Service Units
1232 7.01 Service Units. Service Units shall include all the following
1233 categories of premises which are in the Service Area as of July 1, 2005, and all
1234 such premises which may be added to the Service Area by means of annexation,
1235 new construction, or as otherwise set forth in this Agreement during term of this
1236 Agreement:
1237 7.01.1 SFD Service Units
1238 7.01.2 MFD Service Units
1239 7.01.3 Commercial Service Units
1240 7.01.4 Commercial Organic Service Units
1241 7.01.5 City Service Units
1242 7.01.6 Any question as to whether a premises falls within one of
1243 these categories shall be determined by the City Representative and the
1244 determination of the City Representative shall be final.
1245 7.02 Service Unit Changes. The CITY and CONTRACTOR
1246 acknowledge that during the term of this Agreement it may be necessary or
1247 desirable to add or delete Service Units for which CONTRACTOR will provide
1248 Collection Services.
1249 7.02.1 Additions and Deletions. CONTRACTOR shall provide
1250 services described in this Agreement to new Service Units within five (5) Work
1251 Days of receipt of notice from the CITY or new Service Unit to begin such
1252 service.
1253 7.03 Annexation. If during the life of the Agreement, additional territory
1254 is acquired by the CITY through annexation, CONTRACTOR agrees to provide
1255 Collection Services in such annexed area in accordance with the provisions and
1256 service rates set forth in this Agreement. Such Collection Services shall begin
1257 within five (5) Work Days of receipt of written notice from the CITY.
1258 CONTRACTOR shall not begin Collection Service without written authorization
1259 from the CITY.
1260 7.04 Route Map Update. CONTRACTOR shall revise the Service Unit
1261 route maps to show the addition of Service Units added due to annexation and
1262 shall provide such revised maps to the City Representative as requested.
1263 ARTICLE 8. SFD Collection Services
1264 8.01 SFD Collection Services. These services shall be governed by
1265 the following terms and conditions:
1266 8.01.1 Conditions of Service. The CONTRACTOR shall provide
1267 SFD Collection Service to all SFD Service Units in the Service Area whose Solid
1268 Waste is properly containerized in Garbage Carts, Recyclable Materials are
1269 properly containerized in Recycling Carts, except as set forth in Section 8.05; and
Page 5 - 35
P\ I 1"::', \ ! r, .:;;;~,
..-I \...) Ö 1..),/....'
Section 5
1270 Organic Waste is properly containerized in Organic Waste Carts, where the
1271 Garbage, Recycling and Organic Waste Carts have been placed within three (3)
1272 feet of the curb, swale, paved surface of the pUblic roadway, closest accessible
1273 roadway, or other such location agreed to by the CONTRACTOR and Service
1274 Recipient, that will provide safe and efficient accessibility to the
1275 CONTRACTOR'S Collection crew and vehicle.
1276 8.02 On-Premises Service. Notwithstanding any term or
1277 definition set forth in this Agreement, CONTRACTOR shall provide on-premises
1278 Collection of Solid Waste, Recyclable Materials, and Residential Organic Waste
1279 to a SFD Service Unit if all adult Service Recipients residing therein have
1280 disabilities that prevent them from setting their Garbage, Recycling or Organic
1281 Waste Cart at the curb for Collection and if a request for on-premises service has
1282 been made to, and approved by, the City Representative in the manner required
1283 by CITY. The City Representative shall notify the CONTRACTOR in writing of
1284 any SFD Service Units requiring on-premises service, along with the date such
1285 service is to begin. No additional monies shall be due to the CONTRACTOR for
1286 the provision of on-premises service.
1287 8.02.1 Collection Dav. CONTRACTOR shall provide on-premises
1288 Collection Service on the same Work Day that curbside Collection would
1289 otherwise be provided to the SFD Service Unit.
1290 8.03 Freauencv and Schedulina of Service. Except as set forth in
1291 Sections 8.06 and 8.07, SFD Collection Services shall be provided one (1) time
1292 per week on a scheduled route basis. SFD Collection Services shall be
1293 scheduled so that a SFD Service Unit receives SFD Solid Waste Collection
1294 Service, SFD Recycling Service, SFD Organic Collection Service, and SFD Used
1295 Oil Collection Service on the same Work Day.
1296 8.04 Non-Collection. Except as set forth in Section 8.05
1297 CONTRACTOR shall not be required to Collect any Solid Waste, Recyclable
1298 Material, or Organic Waste that is not placed in a cart. In the event of non-
1299 collection, CONTRACTOR shall affix to the cart a Non-Collection Notice
1300 explaining why Collection was not made. CONTRACTOR shall maintain a copy
1301 of such notices during the term of this Agreement.
1302 8.05 Overaaes. In the event the Recycling Cart is full, corrugated
1303 cardboard that is of a size to fit in an empty Recycling Cart may be placed beside
1304 the Recycling Cart for Collection.
1305 8.06 Curbside Christmas Tree Collection. CONTRACTOR shall Collect
1306 Christmas trees from all SFD Service Units to supplement, but not replace, the
1307 collection program offered by the Boy Scouts in the CITY. CONTRACTOR shall
1308 offer SFD Service Units Collection of Christmas trees on an annual basis during
1309 the period commencing December 26 and ending on the last regularly scheduled
1310 Collection day of January for each specific collection route. Christmas trees shall
1311 be Collected on the regular Collection day for each SFD Service Unit.
Page 5 - 36 City of Dublin
5L-. D)", \ lç M:i, .
'-.--' --
Collection Service Agreement
1312 8.06.1 Christmas Tree Drop-Off Sites. CONTRACTOR shall
1313 supply three (3) Roll-Off Containers, to be placed at three (3) different locations
1314 determined by the CITY, to provide a drop-off location for Christmas trees. The
1315 CONTRACTOR shall service the Christmas tree Roll-Off Containers on a regular
1316 basis and keep the surrounding area free of any debris. CONTRACTOR shall
1317 deliver the three (3) Roll-Off Containers to sites specified by the CITY on the first
1318 (1st) business day after Christmas day, and shall service the Roll-Off Containers
1319 until the third (3rd) Monday of January.
1320 8.06.2 Contaminated Christmas Trees: Christmas trees that are
1321 flocked, contain tinsel or other decorations may be delivered to the Disposal
1322 Facility at the discretion of the CONTRACTOR.
1323 8.07 Larae Item Collection Service. This service will be governed by the
1324 following terms and conditions:
1325 8.07.1 Conditions of Service. The CONTRACTOR shall provide
1326 Large Item Collection Service to all SFD Service Units in the Service Area whose
1327 Large Items have been placed within three (3) feet of the curb, swale, paved
1328 surface of the public roadway, closest accessible roadway, or other such location
1329 agreed to by the CONTRACTOR and Service Recipient, that will provide safe
1330 and efficient accessibility to the CONTRACTOR'S Collection crew and vehicle.
1331 The Service Recipient shall be limited to five (5) (or seven (7)) cubic yards per
1332 Collection. Accordingly CONTRACTOR shall be compensated for the cost of
1333 Collecting Large Items in excess of this limitation in accordance with the
1334 "Additional Large Item Collection" service rate as set forth in Exhibit 1 or as may
1335 be adjusted under the terms of this Agreement. Each SFD Service Unit in the
1336 Service Area shall be entitled to receive Large Item Collection Service up to three
1337 (3) times per Agreement Year. CONTRACTOR shall not be required to Collect
1338 more than four (4) tires from any SFD Service Unit per Collection.
1339 8.07.2 FreQuencv of Service. Large Item Collection Service shall
1340 be provided within three (3) Work Days of receipt of the request.
1341 8.08 Used Oil Collection Service. This service will be governed by the
1342 following terms and conditions:
1343 8.08.1 Conditions of Service. The CONTRACTOR shall provide
1344 Used Oil Collection Service to all SFD Service Units in the Service Area utilizing
1345 Used Oil Containers for the accumulation and set-out of their Used Oil, and Used
1346 Oil Filter. Containers for the accumulation and set out of their Used Oil Filters
1347 where the Used Oil Containers and Used Oil Filter Containers have been placed
1348 within three (3) feet of the curb, swale, paved surface of the public roadway,
1349 closest accessible roadway, or other such location agreed to by the
1350 CONTRACTOR and Service Recipient, that will provide safe and efficient
1351 accessibility to the CONTRACTOR'S Collection crew and vehicle.
1352 8.08.2 Non-Collection. CONTRACTOR shall not be required to
1353 Collect material placed in Used Oil or Used Oil Filter Containers unless the
1354 material is Used Oil or Used Oil Filters, as appropriate, and is free of
"i,.¡}E'Zy<#>,
i¡lÌi~' '~I3>~\;'~i.
~\." ~;- -.fit ,'>'
'~>~.j
~',J.l.ŒÖ\fj·)--
Page 5 - 37
--:::õt. -;:(
~ ...) ûb \ LC' ...)
Section 5
1355 contamination other than contamination normally expected to be present as a
1356 result of the use, storage or spillage of the oil or filter. In the event of non-
1357 collection, CONTRACTOR shall affix to the Used Oil or Used Oil Filter Container
1358 a Non-Collection Notice explaining why Collection was not made and maintain a
1359 copy of such notice during the term of this Agreement. Prior to the end of each
1360 Work Day, CONTRACTOR shall notify the City Representative, either by Fax or
1361 e-mail, of any non-collection occurrences. If non-collection is because the Used
1362 Oil or Filter was placed in an improper container, CONTRACTOR shall also leave
1363 Used Oil or Used Oil Filter Containers in a number sufficient to contain the Used
1364 Oil or Used Oil Filters set out, but not exceeding sixteen (16) quarts, or two (2)
1365 Used Oil Filters along with the Non-Collection Notice.
1366 8.08.3 SpillaQe. CONTRACTOR shall carry oil absorbent material
1367 on all Used Oil Collection vehicles and shall cleanup any Used Oil that spills
1368 during Collection, which has leaked from the Used Oil or Used Oil Filter
1369 Container, or which spills or leaks during the time the Used Oil or Used Oil Filter
1370 is in the Collection vehicle.
1371 8.08.4 Used Oil and Used Oil Filter Containers. Within three (3)
1372 Work Days of receipt of a verbal request of CITY or a Service Recipient,
1373 CONTRACTOR shall, at CONTRACTOR'S sole cost and expense, provide the
1374 SFD Service Unit where the Service Recipient resides with Used Oil Containers
1375 and Used Oil Filter Containers in the number requested by the CITY or the
1376 Service Recipient but not exceeding a number sufficient to hold sixteen (16)
1377 quarts of Used Oil and two (2) Used Oil Filters.
1378 8.08.4.1 At the time CONTRACTOR Collects Used
1379 Oil from a SFD Service Recipient, CONTRACTOR shall, at CONTRACTOR'S
1380 sole cost and expense, leave at the premises one (1) Used Oil Container for
1381 each Used Oil Container Collected and one (1) Used Oil Filter Container for each
1382 Used Oil Filter Container Collected. CONTRACTOR shall keep the outside of all
1383 Used Oil and Used Oil Filter Containers clean and may re-use the containers
1384 until the condition of the container makes it inappropriate for re-use.
1385 ARTICLE 9. MFD Collection Services
1386 9.01 MFD Collection Services. These services will be governed by
1387 the following terms and conditions:
1388 9.01.1 Conditions of Service. The CONTRACTOR shall provide
1389 MFD Solid Waste Collection Service, and MFD Recycling Service to all MFD
1390 Service Units in the Service Area whose Solid Waste and Recyclable Material are
1391 properly containerized in bins or carts as appropriate where the bins and carts
1392 are accessible as set forth in Section 9.01.3.
1393 9.01.2 Frequency of Service. Each service shall be provided at
1394 least once every week on a scheduled route basis. However, in those instances
1395 where the scheduled Collection day falls on a holiday as set forth in Section 3.09
1396 herein, the Collection day may be adjusted in a manner agreed to between the
Page 5 - 38 City of Dublin
':)t.\-. Db ì lD '.:)
Collection Service Agreement
1397 Service Recipient and the CONTRACTOR as long as service is received a
1398 minimum of one (1) time per week. The size of the bin or cart and the frequency
1399 (above the minimum) of Collection shall be determined between the customer
1400 and the CONTRACTOR. However, size and frequency shall be sufficient to
1401 provide that no Solid Waste or Recyclable Material need be placed outside the
1402 bin or cart on a regular basis.
1403 9.01.3 Accessibility. CONTRACTOR shall Collect all Garbage
1404 Bins and Recycling Bins or Carts that are readily accessible to the
1405 CONTRACTOR'S crew and vehicles and not blocked. However, CONTRACTOR
1406 shall provide "push services" as necessary during the provision of MFD
1407 Collection Services. Push services shall include, but not be limited to,
1408 dismounting from the Collection vehicle, moving the Garbage Bins or Recycling
1409 Bins or Carts from their storage location for Collection and returning the Garbage
1410 Bins or Recycling Bins or Carts to their storage location.
1411 9.01.3.1 The CONTRACTOR may notify the City
1412 Representative daily, either by Fax or e-mail, of all situations that prevent or
1413 hinder Collection from any MFD Service Unit.
1414 9.01.4 Non-Collection. CONTRACTOR shall not be required to
1415 Collect any Solid Waste or Recyclable Materials that are not placed in a bin or
1416 cart unless such Solid Waste or Recyclable Material is outside the bin or ca.rt as
1417 a result of overflow. In the event of non-collection, CONTRACTOR shall affix to
1418 the bin or cart a Non-Collection Notice explaining why Collection was not made.
1419 CONTRACTOR shall maintain copies of the Non-Collection Notice during the
1420 term of this Agreement.
1421 9.01.5 Overflow. In the case of repeated overflows of Solid Waste
1422 or Recyclable Material CONTRACTOR shall contact the MFD Service Unit
1423 management to arrange for an appropriate change in bin or cart size, Collection
1424 frequency or both. In the event, CONTRACTOR cannot successfully contact the
1425 MFD Service Unit management after three (3) attempts, or cannot reach an
1426 agreement with such management regarding the change in service,
1427 CONTRACTOR shall advise the City Representative, either by Fax or e-mail, of
1428 the details of the overages, and the attempts at communication with the MFD
1429 Service Unit management. The City Representative shall respond, to
1430 CONTRACTOR'S report and make a final written determination. Within five (5)
1431 Work Days of receipt of the City Representative's written determination,
1432 CONTRACTOR shall change the Collection Service in accordance with such
1433 written determination.
1434 9.02 Laroe Item Collection Service. This service will be governed by the
1435 following terms and conditions:
1436 9.02.1 Conditions of Service. The CONTRACTOR shall provide
1437 Large Item Collection Service to all MFD Service Units in the Service Area in a
1438 manner agreed to between the CONTRACTOR and the MFD Service Unit
1439 management. The service shall be limited to the Collection of a maximum
:,,<~)tJ:!?ìl'
<;'-~. '+j~
...ill./c~1 \\\.'1.
I"";;:;¡ fi ),'!.
\~>~. !
·,1/.D:ÚYJ')~
Page 5 - 39
~5'Db )J) ')
Section 5
1440 number of cubic yards of material calculated by multiplying the number of
1441 Dwelling Units in the Service Unit by three (3) cubic yards. Accordingly
1442 CONTRACTOR shall be compensated for the cost of Collecting Large Items in
1443 excess of this limitation in accordance with the "Additional Large Item Collection"
1444 service rate as set forth in Exhibit 1 or as may be adjusted under the terms of this
1445 Agreement.
1446 9.02.2 Frequency of Service. Large Item Collection Service shall
1447 be provided within three Work Days of receipt of the request.
1448 9.03 Used Oil and Filter Collection Service. This service will be
1449 governed by the following terms and conditions:
1450 9.03.1 Conditions of Service. The CONTRACTOR shall provide
1451 Used Oil Collection Service to all participating MFD Service Units in the Service
1452 Area utilizing Used Oil Containers for the accumulation and set out of their Used
1453 Oil, and Used Oil Filter Containers for the accumulation and set out of their Used
1454 Oil Filters. Used Oil Containers and Used Oil Filter Containers shall be placed in
1455 a collection box at a location that has been agreed to by the CONTRACTOR, and
1456 management of the MFD Service Unit that will provide safe and efficient
1457 accessibility to the CONTRACTOR'S Collection crew and vehicle.
1458 9.03.2 Frequency of Service. This service shall be provided once
1459 every week on a scheduled route basis on the same Work Day as MFD Solid
1460 Waste or Recycling Collection Service. However, in those instances where the
1461 scheduled Collection day falls on a holiday as set forth in Section 3.09 herein, the
1462 Collection day may be adjusted in a manner agreed to between the Service
1463 Recipient and the CONTRACTOR as long as service is received a minimum of
1464 one (1) time per week.
1465 9.03.3 Non-Collection. CONTRACTOR shall not be required to
1466 Collect material placed in Used Oil or Used Oil Filter Containers unless the
1467 material is Used Oil or Used Oil Filters, as appropriate, and is free of
1468 contamination other than contamination normally expected to be present as a
1469 result of the use, storage or spillage of the oil or filter. In the event of non-
1470 collection, CONTRACTOR shall affix to the Used Oil or Used Oil Filter Container
1471 a Non-Collection Notice explaining why Collection was not made. Prior to the
1472 end of the Work Day, CONTRACTOR shall notify the City Representative, either
1473 by Fax or e-mail, of any non-collection occurrences. If non-collection is because
1474 the Used Oil or Filter was placed in an improper container, CONTRACTOR shall
1475 also leave Used Oil or Used Oil Filter Containers in a number sufficient to contain
1476 the Used Oil or Used Oil Filters set out, but not exceeding sixteen (16) quarts, or
1477 two (2) Used Oil Filters per Dwelling Unit, along with the Non-Collection Notice.
1478 9.03.4 Spillaqe. CONTRACTOR shall carry oil absorbent material
1479 on all Used Oil Collection vehicles and shall cleanup any Used Oil that spills
1480 during Collection, which has leaked from the Used Oil or Used Oil Filter
1481 Container, or which spills or leaks during the time the Used Oil or Used Oil Filter
1482 is in the Collection vehicle.t
Page 5 ~ 40 City of Dublin
57..0 0b \
Collection Service Agreement
';"-
-'
1483 9.03.5 Used Oil and Used Oil Filter Containers. Within three (3)
1484 Work Days of receipt of request for Used Oil Collection Services, CONTRACTOR
1485 shall, at CONTRACTOR'S sole cost and expense, provide the Service Recipient
1486 or management of the MFD Service Unit with a sufficient number of collection
1487 boxes for the storage of Used Oil and Used Oil Filters. Each collection box shall
1488 contain six (6) Used Oil Containers, three (3) Used Oil Filter Containers, and one
1489 oil funnel.
1490 9.03.5.1 At the time CONTRACTOR Collects Used
1491 Oil from a MFD Service Unit, CONTRACTOR shall, at CONTRACTORS sole cost
1492 and expense, leave at the premises one (1) Used Oil Container for each Used Oil
1493 Container Collected and one (1) Used Oil Filter Container for each Used Oil
1494 Filter Container Collected. CONTRACTOR shall keep the outside of all Used Oil
1495 and Used Oil filter Containers clean and may re-use the containers until the
1496 condition of the container makes it inappropriate for re-use.
1497 ARTICLE 10. Commercial Collection Services
1498 10.01 Commercial Collection Services. These services will be
1499 governed by the following terms and conditions:
1500 10.01.1 Conditions of Service. The CONTRACTOR shall
1501 provide Commercial Solid Waste Collection Service and Commercial Recycling
1502 Service to all Commercial Service Units in the Service Area whose Solid Waste
1503 and Recyclable Material are properly containerized in bins or carts as appropriate
1504 where the bins and carts are accessible as set forth in Section 10.01.3.
1505 CONTRACTOR shall provide Commercial Organic Collection Service to all
1506 Commercial Service Units and Commercial Organic Service Units in the Service
1507 Area whose Commercial Organic Waste is properly containerized in bins or carts
1508 as appropriate where the bins and carts are accessible as set forth in Section
1509 10.01.3.
1510 10.01.2 FreQuencv of Service. Each service shall be
1511 provided at least once every week on a scheduled route basis. However, in
1512 those instances where the scheduled Collection day falls on a holiday as set forth
1513 in Section 3.09 herein, the Collection day may be adjusted in a manner agreed to
1514 between the Service Recipient and the CONTRACTOR as long as service is
1515 received a minimum of one (1) time per week. The size of the bin or cart and the
1516 frequency (above the minimum) of Collection shall be determined between the
1517 customer and the CONTRACTOR. However, size and frequency shall be
1518 sufficient to provide that no Solid Waste, Recyclable Material, or Commercial
1519 Organic Waste need be placed outside the bin or cart on a regular basis.
1520 10.01.3 Accessibilitv. CONTRACTOR shall Collect all bins
1521 and carts that are readily accessible to the CONTRACTOR'S crew and vehicles
1522 and not blocked. However, CONTRACTOR shall provide "push services" as
1523 necessary during the provision of Commercial Collection Services. Push
1524 services shall include, but not be limited to, dismounting from the Collection
<~:~~~\?rl:~>4:1\
'ÍI¡?
I'"
\~\
, .(.1{J.tÒ}.\~'!~
Page5-41
;5 7 a;:)"" I t...o :;"-.
, -
'--
Section 5
1525 vehicle, moving the bins or carts from their storage location for Collection and
1526 returning the bins or carts to their storage location.
1527 10.01.3.1 The CONTRACTOR may notify the City
1528 Representative daily, either by Fax or e-mail, of all situations that prevent or
1529 hinder Collection from any Commercial Service Unit.
1530 10.01.4 Non-Collection. CONTRACTOR shall not be
1531 required to Collect any Solid Waste, Recyclable Materials, or Commercial
1532 Organic Waste that are not placed in a bin or cart unless such Solid Waste or
1533 Recyclable Material is outside the bin or cart as a result of overflow. In the event
1534 of non-collection, CONTRACTOR shall affix to the bin or cart a Non-Collection
1535 Notice explaining why Collection was not made. CONTRACTOR shall maintain
1536 copies of the Non-Collection Notice during the term of this Agreement.
1537 10.01.5 Overflow. In the case of repeated overflows of
1538 Solid Waste or Recyclable Material CONTRACTOR shall contact the Commercial
1539 Service Unit management to arrange for an appropriate change in bin or cart
1540 size, Collection frequency or both. In the event, CONTRACTOR cannot
1541 successfully contact the Commercial Service Unit management after three (3)
1542 attempts, or cannot reach an agreement with such management regarding the
1543 change in service, CONTRACTOR shall advise the City Representative, either by
1544 Fax or e-mail, of the details of the overages, and the attempts at communication
1545 with the Commercial Service Unit management. The City Representative shall
1546 respond to CONTRACTOR'S report and make a final written determination.
1547 Within five (5) Work Days of receipt of the City Representative's written
1548 determination, CONTRACTOR shall change the Collection Service in accordance
1549 with such written determination.
1550 ARTICLE 11. CITY Collection Services
1551 11.01 CITY Collection Services. These services will be governed by
1552 the following terms and conditions:
1553 11.01.1 Conditions of Service. The CONTRACTOR shall
1554 provide CITY Solid Waste Collection Service, CITY Recycling Service, CITY
1555 Organic Collection Service and Large Item Collection Service to all CITY Service
1556 Units in the Service Area where the bins and carts are accessible as ~et forth in
1557 Section 11.01.3.
1558 11.01.2 Frequency of Service. Each service shall be
1559 provided at least once every week on a scheduled route basis. However, in
1560 those instances where the scheduled Collection day falls on a holiday as set forth
1561 in Section 3.09 herein, the Collection day may be adjusted in a manner agreed to
1562 between the Service Recipient and the CONTRACTOR as long as service is
1563 received a minimum of one (1) time per week. The size of the bin or cart and the
1564 frequency (above the minimum) of Collection shall be determined between the
1565 CITY and the CONTRACTOR.
Page 5 - 42 City of Dublin
5ßOb )1.03
Collection Service Agreement
1566 11.01.3 Accessibility. CONTRACTOR shall Collect all bins
1567 and carts that are readily accessible to the CONTRACTOR'S crew and vehicles
1568 and not blocked. However, CONTRACTOR shall provide "push services" as
1569 necessary during the provision of CITY Collection Services. Push services shall
1570 include, but not be limited to, dismounting from the Collection vehicle, moving the
1571 bins or carts from their storage location for Collection and returning the bins or
1572 carts to their storage location.
1573 11.01.3.1 The CONTRACTOR may notify the City
1574 Representative daily, either by Fax or e-mail, of all situations that prevent or
1575 hinder Collection from any CITY Service Unit.
1576 11.02 Larae Item Collection Service. This service will be governed by the
1577 following terms and conditions:
1578 11.02.1 Conditions of Service. The CONTRACTOR shall
1579 provide Large Item Collection Service to all CITY Service Units in the Service
1580 Area whose Large Items have been placed within three (3) feet of the curb,
1581 swale, paved surface of the public roadway, closest accessible roadway, or other
1582 such location agreed to by the CONTRACTOR and Service Recipient, that will
1583 provide safe and efficient accessibility to the CONTRACTOR'S Collection crew
1584 and vehicle. The Service Recipient shall be limited to five (5) (or seven (7» cubic
1585 yards per Collection. Each CITY Service Unit in the Service Area shall be
1586 entitled to receive Large Item Collection Service up to three (3) times per
1587 Agreement Year.
1588 11.02.2 Freauencv of Service. Large Item Collection
1589 Service shall be provided within three (3) Work Days of receipt of the request.
1590 11.03 Neiahborhood Clean-Up Services.
1591 11.03.1 CONTRACTOR shall, in response to the written
1592 request of the City Representative, deliver and collect Roll-Off Containers for use
1593 in residential neighborhood clean-up programs. Each clean-up event shall
1594 consist of a single Collection day beginning at 6:00 a.m. and ending at 6:00 p.m.
1595 The' City Representative shall notify CONTRACTOR in writing not less than five
1596 (5) calendar days prior to the date of the service. The notice to CONTRACTOR
1597 shall specify the date of delivery and Collection of the Roll-Off Containers, the
1598 location(s) for delivery, and the number of and size of the Roll-Off Containers to
1599 be delivered. As part of this service, CONTRACTOR shall provide on-site
1600 supervision at all times the Roll-Off Containers are available for Neighborhood
1601 Clean-Up Services. At such time as the Roll-Off Container is full, but not later
1602 than the end of the Neighborhood Clean-Up Service day, CONTRACTOR shall
1603 transport and deliver the Collected materials to the Disposal Facility, the
1604 Materials Recovery Facility, or such other facility as is appropriate for the
1605 disposition of the materials and approved by the City Representative.
1606 11.03.2 With the prior written consent of the City
1607 Representative, CONTRACTOR may provide for the Collection of materials at a
1608 Neighborhood Clean-up Service event in a vehicle or container other than a RolI-
Page 5 ~ 43
sCf éb i LP5
Section 5
1609 Off Container. However, in the event the CONTRACTOR elects to utilize this
1610 alternative Collection process, CONTRACTOR is responsible for obtaining
1611 documentation of the weight of the materials Collected, diverted and disposed in
1612 a manner that is acceptable to the CITY.
1613 11.04 Collection of CITY Containers. CONTRACTOR shall provide
1614 Collection, transporting and disposal or processing service to those public Solid
1615 Waste, Green Waste or recycling containers in place or placed by the CITY on
1616 sidewalks, in parks and other CITY properties during the term of this Agreement.
1617 Frequency of Collection may be designated by the CITY, not to exceed six (6)
1618 times per week per container. CONTRACTOR shall provide this service at no
1619 additional cost to CITY.
1620 11.05 CITY Sponsored Events. CONTRACTOR shall provide Solid
1621 Waste Collection and Disposal services, Recycling Collection and processing
1622 services and portable toilets at up to three (3) CITY sponsored events as
1623 requested by CITY. Such services shall be provided in such a manner that all
1624 Solid Waste, Recycling and portable toilet needs of the event are adequately and
1625 properly provided for by CONTRACTOR at no cost of any kind to the CITY.
1626 Current events and requirements are set forth on Exhibit 6, which is attached to
1627 and included in this Agreement.
1628
1629 11.06 HHW Drop-Off Service. CONTRACTOR shall be responsible for
1630 promoting, managing, staffing, and operating an annual drop-off event to accept
1631 Household Hazardous Waste (HHW) from residents of the CITY. HHW to be
1632 collected at the event shall include at a minimum items such as: paint, stain,
1633 varnish, thinner and adhesives; auto products such as old fuel, motor oil, oil
1634 filters and batteries; household batteries; cleaners and sprays; and garden
1635 products, including pesticides and fertilizers. (Additional items to be added
1636 based on final list provided by proposers)
1637 11.07 Except as set forth in Section 11.06.3 below, all costs, including
1638 but not limited to transportation, management, administration, site selection,
1639 processing and disposal, related to this event shall be the responsibility of the
1640 CONTRACTOR and no additional compensation will be provided by the CITY.
1641 11.07.1 CONTRACTOR shall prepare and pay for
1642 pUblication of all advertisements and public announcements regarding the HHW
1643 event. All promotional material shall be approved by the CITY prior to release to
1644 the public. CONTRACTOR shall arrange for an appointment system to be in
1645 place to allow residents call in to to make appointments to drop-off material at the
1646 HHW event. The appointment system shall be designed to minimize waiting time
1647 for residents and to encourage participation.
1648 11.07.2 The date and site of the HHW event shall be
1649 selected by the CONTRACTOR and approved by the CITY. The CITY shall
1650 assist the CONTRACTOR in locating a site as requested, however such site shall
Page 5 - 44 City of Dublin
&;0 D,~~ I U: ;,c',
..'.' ~
Collection Service Agreement
1651 always be within the Municipal limits of the CITY. At such events, the
1652 CONTRACTOR shall accept HHW delivered by City residents during a 7-hour
1653 period. CONTRACTOR shall provide personnel that will assist with directing
1654 traffic; verifying residency of persons delivering HHW; documenting the number
1655 of residents delivering materials; and directing residents where to unload
1656 materials. In addition, CONTRACTOR shall be responsible for managing the
1657 HHW event; supervising and directing event personnel; inspecting materials
1658 delivered to the event; separating and packaging HHW; documenting the quantity
1659 of each material type; transporting HHW to reuse, Recycling, and/or processing
1660 locations; and cleaning-up the location at the end of the event.
1661 11.07.3 CONTRACTOR shall be prepared to accept up to
1662 twenty (20) tons of HHW. In the event more than twenty (20) tons of HHW are
1663 collected CITY will compensate COLLECTOR in accordance with the "HHW
1664 Additional Ton Rate as set forth on Exhibit 1. CONTRACTOR shall provide
1665 properly trained and qualified personnel to handle, unload, package and
1666 transport HHW to proper vendors for Recycling and Disposal. CONTRACTOR
1667 shall provide appropriate containers for the HHW. CONTRACTOR shall make a
1668 good faith effort to minimize waiting time for residents participating in the HHW
1669 Drop-off event.
1670 11.07.4 CONTRACTOR shall provide CITY with a report
1671 within thirty (30) days of the event summarizing the number of participants and
1672 the total Tonnage collected by material type. In addition, the report shall provide
1673 detail financial data regarding the cost of the event including but not limited to
1674 administrative, training, setup and cleanup, transportation, and processing.
1675 11.08 Abandoned Waste. CONTRACTOR shall direct its Collection
1676 vehicle drivers to note (i) the addresses of any premises at which the driver
1677 observes that Solid Waste, Recyclable Material, and/or Organic Material is
1678 accumulating; and (ii) the address, or other location description, at which Solid
1679 Waste, Recyclable Material, and/or Organic Material has been dumped in an
1680 apparently unauthorized manner. CONTRACTOR shall deliver the address or
1681 description to CITY within three (3) Work Days of such observation.
1682 ARTICLE 12. Collection Routes
1683 12.01 Collection Routes. Ninety (90) days prior to commencement of
1684 Collection Services, the CONTRACTOR shall provide the CITY with maps
1685 precisely defining Collection routes, together with the days and the times at
1686 which Collection shall regularly commence. To the extent possible,
1687 CONTRACTOR will provide the map data in a GIS format that is compatible with
1688 the format used by the CITY.
1689 12.02 Subseauent Collection Route Chanaes. The CONTRACTOR shall
1690 submit to the CITY, in writing, any proposed route change (including maps
1691 thereof) not less than sixty (60) calendar days prior to the proposed date of
1692 implementation. To the extent possible, CONTRACTOR will provide the map
1693 data in a GIS format that is compatible with the format used by the CITY. The
Page 5 - 45
f..o / ðò ) 1.P3
Section 5
1694 CONTRACTOR shall not implement any route changes without the prior review
1695 of the City Representative. If the route change will change the Collection day for
1696 a Service Recipient, the CONTRACTOR shall notify those Service Recipients in
1697 writing of route changes not less than thirty (30) days before the proposed date
1698 of implementation.
1699 12.02.1 Collection Route Audits. The CITY reserves the
1700 right to conduct audits of CONTRACTOR'S Collection routes. The
1701 CONTRACTOR shall cooperate with the CITY in connection therewith, including
1702 permitting CITY employees or agents, designated by the City Representative, to
1703 ride in the Collection vehicles in order to conduct the audits. The CONTRACTOR
1704 shall have no responsibility or liability for the salary, wages, benefits or worker
1705 compensation claims of any person designated by the City Representative to
1706 conduct such audits.
1707 ARTICLE 13. Minimum Performance and Diversion
1708 Standards
1709 13.01 Aareement Extensions. In order to receive the Agreement term
1710 extension offer set forth in Article 2 of this Agreement, the CONTRACTOR must
1711 meet or exceed the following annual minimum performance and diversion
1712 standards in each Agreement Year beginning July 1, 2006.
1713 13.02 Performance Standards. In order to meet the minimum
1714 performance standards, liquidated damages, as set forth in Section 22 of this
1715 Agreement, assessed against the CONTRACTOR must not exceed $200,000 in
1716 any Agreement Year beginning July 1, 2006.
1717 13.03 Minimum Diversion Standards
1718 13.03.1.1 In order to meet the minimum diversion
1719 standards, CONTRACTOR must divert fifty percent (50%), or such other amount
1720 as may be set in accordance with the provisions of Article 27 of this Agreement,
1721 of all materials Collected under the terms of this Agreement in each Agreement
1722 Year beginning July 1, 2006.
1723 ARTICLE 14. Collection Equipment
1724 14.01 Equipment Specifications.
1725 14.01.1 General Provisions. All equipment used by
1726 CONTRACTOR in the performance of services under this Agreement shall be the
1727 highest quality available. The vehicles shall be designed and operated so as to
1728 prevent Collected materials from escaping from the vehicles. Hoppers shall be
1729 closed on top and on all sides with screening material to prevent Collected
1730 materials from leaking, blowing or falling from the vehicles. All trucks and
1731 containers shall be watertight and shall be operated so that liquids do not spill
1732 during Collection or in transit.
1733 14.01.2 All Collection Service vehicles utilized by
Page 5 - 46 City of Dublin
b~ vb IU3
Collection Service Agreement
1734 CONTRACTOR pursuant to this Agreement shall provide fully-automated
1735 Collection Service except where such service is not feasible because of
1736 topographic or other physical factors. Where fully-automated Collection Service
1737 is not feasible, CONTRACTOR shall consult with the City Representative
1738 regarding the Collection Service equipment to be utilized.
1739 14.01.3 Alternate Fuel Vehicles. (This Section will be
1740 completed based on the proposal of the selected CONTRACTOR) As
1741 required by law, CONTRACTOR shall convert and/or retrofit its Collection
1742 vehicles and/or fuel use by utilizing the most cost-effective means to reduce air
1743 pollutant emissions and be in full compliance with local, State and federal clean
1744 air requirements that were adopted or proposed to be adopted, including, but not
1745 limited to, the proposed California Air Resources Board Heavy Duty Engine
1746 Standards to be contained in CCR Title 13, Section 2020 et seq; and the Federal
1747 EPA's Highway Diesel Fuel Sulfur regulations.
1748 14.01.4 Lubricants. Except as approved in writing by the
1749 City Representative on an individual vehicle basis, CONTRACTOR shall utilize
1750 re-refined motor oil and re-refined hydraulic oil in all vehicles used in
1751 CONTRACTORS performance of this Agreement.
1752 14.01.5 Larae Items. Vehicles used for Collection of Large
1753 Items shall not use compactor mechanisms or mechanical handling equipment
1754 that may damage reusable goods or release Freon or other gases from
1755 pressurized appliances.
1756 14.01.6 Safety Markinas. All Collection equipment used by
1757 COLLECTOR shall have appropriate safety markings including, but not limited to,
1758 highway lighting, flashing and warning lights, clearance lights, and warning flags.
1759 All such safety markings shall be subject to the approval of the CITY and shall be
1760 in accordance with the requirements of the California Vehicle Code, as may be
1761 amended from time to time.
1762 14.01.7 Vehicle Sianaae and Paintina. Collection vehicles
1763 shall be painted and numbered consecutively without repetition and shall have
1764 the CONTRACTOR'S name, CONTRACTOR'S customer service telephone
1765 number, and the number of the vehicle painted in letters of contrasting color, at
1766 least four (4) inches high, on each side and the rear of each vehicle. No
1767 advertising shall be permitted other than the name of the CONTRACTOR except
1768 promotional advertisement of the Recyclable Materials and Organic Waste
1769 programs. CONTRACTOR shall repaint all vehicles (including vehicles striping)
1770 during the term of this Agreement on a frequency as necessary to maintain a
1771 positive public image as reasonably determined by the City Representative, but
1772 not less often than every thirty (30) months beginning July 1, 2005.
1773 14.01.8 Bin Sianaae. Paintina. and Cleanina. All metal bins
1774 of any service type furnished by the CONTRACTOR shall be either painted or
1775 galvanized. All bins shall display the CONTRACTOR'S name, CONTRACTOR'S
1776 customer service telephone number, and the number of the bin and shall be kept
,<.;:~~}>r.:T:f%:+>
..,.;II;..~.J I '¡\\\).
I',:: ".~ _fit .~,
~, ~)/j/
"~1!)i"(A~'J\
Page 5 - 47
!.¡;3 tn I ,-;;.
I') lc I
...,.......... ..
Section 5
1777 in a clean and sanitary condition. Such bins as are provided by the
1778 CONTRACTOR shall be steam cleaned by the CONTRACTOR as frequently as
1779 necessary so as to maintain them in a sanitary condition. Bins will be subject to
1780 periodic, unscheduled inspections by the CITY and determination as to sanitary
1781 condition shall be made by the CITY.
1782 14.02 Collection Vehicle Noise Level. All Collection operations shall be
1783 conducted as quietly as possible and shall conform to applicable Federal, State,
1784 County and CITY noise level regulations, including the requirement of Chapter
1785 5.28 of the CITY'S Municipal Code. In the event of repeat occurrences of noise
1786 levels in excess of the limit specified in the CITY'S municipal code,
1787 CONTRACTOR shall pay liquidated damages in accordancè with Section 22.
1788 14.03 Vehicle Reqistration. Licensinq and Inspection. On or before July
1789 1, 2005 and annually thereafter during the term of this Agreement,
1790 CONTRACTOR shall submit documentation to the CITY Representative to verify
1791 that each of the CONTRACTOR'S Collection vehicles is in compliance with all
1792 registration, licensing and inspection requirements of the California Highway
1793 Patrol, the California Department of Motor Vehicles, and any other applicable
1794 laws or regulations. CONTRACTOR shall not use any vehicle to perform
1795 Collection Services that is not in compliance with applicable registration,
1796 licensing and inspection requirements.
1797 14.04 Equipment Maintenance. CONTRACTOR shall maintain
1798 Collection equipment in a clean condition and in good repair at all times. All parts
1799 and systems of the Collection equipment shall operate properly and be
1800 maintained in a condition satisfactory to CITY. CONTRACTOR shall wash all
1801 Collection vehicles at least once a week.
1802 14.05 Maintenance Loa. CONTRACTOR shall maintain a maintenance
1803 log for all Collection vehicles. The log shall at all times be accessible to CITY by
1804 physical inspection upon request of City Representative, and shall show, at a
1805 minimum. each vehicles CONTRACTOR assigned identification number, date
1806 purchased or initial lease, dates of performance of routine maintenance. dates of
1807 performance of any additional maintenance, and description of additional
1808 maintenance performed.
1809 14.05.1 Equipment Inventorv. On or before June 1, 2005,
1810 CONTRACTOR shall provide to CITY an inventory of Collection vehicles and
1811 major equipment used by CONTRACTOR for Collection or transportation and
1812 performance of services under this Agreement. The inventory shall indicate
1813 each Collection vehicle by CONTRACTOR assigned identification number, DMV
1814 license number, the age of the chassis and body, type of fuel used, the type and
1815 capacity of each vehicle, the number of vehicles by type, the date of acquisition,
1816 the decibel rating and the maintenance status. CONTRACTOR shall submit to
1817 the City Representative, either by Fax or e-mail, an updated inventory annually to
1818 the CITY or more often at the request of the City Representative. Each vehicle
Page 5 - 48 City of Dublin
04 Ù), llo~'
~_./ -'
Collection Service Agreement
1819 inventory shall be accompanied by a certification signed by CONTRACTOR that
1820 all Collection vehicles meet the requirements of this Agreement
1821 14.05.2 Reserve Equipment The CONTRACTOR shall
1822 have available to it, at all times, reserve Collection equipment which can be put
1823 into service and operation within one (1) hour of any breakdown. Such reserve
1824 equipment shall correspond in size and capacity to the equipment used by the
1825 CONTRACTOR to perform the contractual duties.
1826 14.06 Vehicle Tare Weights. Between the time this Agreement is
1827 executed and July 1, 2005, CONTRACTOR shall have the Disposal Contractor
1828 weigh and determine the unloaded ("tare") weight of each of CONTRACTOR'S
1829 vehicles that will be used to deliver Solid Waste and other materials to the
1830 Disposal Facility. Before July 1, 2005, CONTRACTOR shall receive from the
1831 Disposal Contractor a report listing vehicle tare weight information, which shall
1832 include, at a minimum, hauler name, tare weight, vehicle identification number,
1833 and the date the tare weight was determined. CONTRACTOR shall, at least
1834 every two (2) years, have the Disposal Contractor reweigh and revise tare
1835 weights for all CONTRACTOR'S vehicles used to deliver Solid Waste and other
1836 materials to the Disposal Facility.
1837 14.06.1 When new vehicles are placed into service and
1838 immediately after any significant repairs to vehicles by the CONTRACTOR, the
1839 CONTRACTOR shall have the Disposal Contractor promptly weigh such vehicles
1840 and determine the tare weight of each vehicle. Within ten (10) Working Days of
1841 weighing, CONTRACTOR shall receive from the Disposal Contractor, a report
1842 listing vehicle tare weight information. CONTRACTOR, CITY, and Disposal
1843 Contractor shall have the right to request re-tarring of vehicles up to two (2) times
1844 per year, unless there is reasonable suspicion or evidence that tare weights are
1845 not accurate, in which case, tare weights may be updated more frequently to
1846 ensure accuracy.
1847 ARTICLE 15. Contractor's Office
1848 15.01 CONTRACTOR'S Office. The CONTRACTOR shall maintain an
1849 office in a location approved by the CITY which provides toll-free telephone
1850 access to residents of the City of Dublin. Such office shall be equipped with
1851 sufficient telephones that all Collection Service related calls received during
1852 normal business hours are answered by an employee within five (5) rings, and
1853 shall have responsible persons in charge during Collection hours and shall be
1854 open during such normal business hours, 8:00 a.m. to 6:00 p.m. on all Work Day.
1855 The CONTRACTOR shall provide either a telephone answering service or
1856 mechanical device to receive Service Recipient inquiries during those times
1857 when the office is closed. Calls received after normal business hours shall be
1858 addressed the next Work Day morning.
Page 5 - 49
I A I-.. ^ I Ii'">. "",,~
LV ~,;)...\ ....,.. _J
:~"""')
Section 5
1859 15.01.1 EmerQencv Contact. The CONTRACTOR shall
1860 provide the City Representative with an emergency phone number where the
1861 CONTRACTOR can be reached outside of the required office hours.
1862 15.01.2 Multilinaual/TDD Service. CONTRACTOR shall at
1863 all times maintain the capability of responding to telephone calls in English and
1864 such other languages as CITY may direct. CONTRACTOR shall at all times
1865 maintain the capability or responding to telephone calls through
1866 Telecommunications Device for the Deaf (TDD) Services.
1867 15.01.3 Service Recipient Calls. During office hours,
1868 CONTRACTOR shall maintain a telephone answering system capable of
1869 accepting at least fifteen (15) incoming calls at one time. CONTRACTOR shall
1870 record all calls including any inquiries, service requests and complaints into a
1871 customer service log.
1872 15.01.4 All incoming calls will be answered within five (5)
1873 rings. Any call "on-hold" in excess of one and one half (1.5) minutes shall have
1874 the option to remain "on-hold" or to be switched to a message center where
1875 Service Recipient can leave a message. CONTRACTOR'S customer service
1876 representative shall return Service Recipient calls. For all messages left before
1877 3:00 p.m., all "call backs" shall be attempted a minimum of one time prior to 6:00
1878 p.m. on the day of the call. For messages left after 3:00 p.m., all "call backs"
1879 shall be attempted a minimum of one time prior to noon the next Work Day.
1880 CONTRACTOR shall make minimum of three (3) attempts within twenty-four (24)
1881 hours of the receipt of the call. If CONTRACTOR is unable to reach the Service
1882 Recipient on the next Work Day, the CONTRACTOR shall send a postcard to the
1883 Service Recipient on the second Work Day after the call was received, indicating
1884 that the CONTRACTOR has attempted to return the call.
1885 15.01.5 Web Site. CONTRACTOR shall develop and
1886 maintain a web site describing services provided in the CITY that is accessible by
1887 the public. The site shall include answers to frequently asked questions, rates for
1888 Collection Services, Recyclable Materials and Organic Materials specifications,
1889 Collection Service schedules and maps, and other related topics.
1890 CONTRACTOR shall arrange for the CITY'S web site to include an e-mail link to
1891 CONTRACTOR and a link to CONTRACTOR'S web site. The CONTRACTOR'S
1892 web site shall provide the public the ability to e-mail complaints to
1893 CONTRACTOR.
1894 ARTICLE 16. Other Services
1895 16.01 Public Outreach and Education Services. CONTRACTOR, at their
1896 own expense, shall prepare, submit and implement an annual (Agreement Year)
1897 Public Education and Outreach Program beyond the City's Public Education and
1898 Outreach Program. The proposed action plan must be submitted annually for
Page 5 - 50 City of Dublin
t.o IJ:; Db I /P 3
Collection Service Agreement
1899 CITY approval no later than March 31st for the next Agreement Year. The
1900 program must include a minimum of four (4) campaigns per year, designed to
1901 increase diversion and resident participation. Campaigns should target certain
1902 Recyclable Materials or "problem" areas of the CONTRACTOR'S Service Area
1903 where improvements can be maximized. Targets of outreach should be based on
1904 local trends and recycling patterns based on information obtained by both the
1905 City Representative and CONTRACTOR staff.
1906 16.01.1 Public School Education Proarams.
1907 CONTRACTOR shall meet with the CITY'S public school district at least two (2)
1908 times per year to inform teachers, administrators, and custodians about the
1909 recycling program(s) the CONTRACTOR is providing to the school district, as
1910 well as general concepts of source reduction, reuse, recycling and Composting.
1911 16.01.2 Recvclina Bins. CONTRACTOR shall offer to
1912 provide the public school district with a standardized classroom recycling bin for
1913 every classroom and office in the district that is imprinted with the logo of the
1914 school district and the words "Dublin Schools Recycle". To the extent that the
1915 City Representative has approved the purchase of the bins in writing, the
1916 CONTRACTOR will be reimbursed by the CITY for the cost of the bins.
1917 16.01.3 Multi-Linaual Education Materials. The
1918 CONTRACTOR shall develop a multi-lingual approach to preparing all public
1919 education materials required in this Section. The multi-lingual approach may
1920 emphasize use of visual images and English descriptions supplemented with text
1921 on the bottom of the public education document in different languages.
1922 CONTRACTOR shall allow the CITY to review and approve all public education
1923 materials prior to distribution.
1924 16.02 Annual Collection Service Notice. Each calendar year during the
1925 term of this Agreement, the CONTRACTOR shall publish and distribute a notice
1926 to all SFD Service Units regarding the SFD Collection Service programs. The
1927 notice shall contain at a minimum; definitions of the materials to be Collected,
1928 procedures for setting out the materials, maps of the Service Area indicating the
1929 day that SFD Solid Waste Collection Services, Large Items Collection Service,
1930 Used Oil Collection Service, SFD Recycling Service, and SFD Organic Waste
1931 Collection Service will be provided, and the CITY customer service phone
1932 number. The notice shall be provided in English, and other languages as
1933 directed by the CITY, and shall be distributed by the CONTRACTOR no later than
1934 July 1, 2005 during the first year of the Agreement and no later than December
1935 1 st of each year thereafter.
1936 16.03 Compost Give-Back. CONTRACTOR shall make available up to
1937 ten percent (10%) of the compost product (based on the weight of Organic Waste
1938 Collected) to the CITY in the following categories: (i) bulk compost for use in
1939 CITY parks and CITY facilities; and (ii) bulk compost for distribution to CITY
1940 residents at one (1) recurring annual compost give-away event.
A}<'~<~~\
,.W.i!~I~\\\\.
r~:~ ~H'~
'~, ~ /Jj
, (.1:~))TA!§~>
Page 5 - 51
Section 5
/.t) 7 Db 11O-~
1941 16.03.1 Bulk Compost for CITY. CONTRACTOR shall make
1942 available to CITY bulk compost for use in CITY parks and facilities. CITY will
1943 notify CONTRACTOR as to the CITY'S needs for delivery of finished compost
1944 throughout the Agreement Year. CONTRACTOR shall deliver compost upon
1945 request of CITY at no additional cost to CITY. If CITY does not take delivery of
1946 compost made available by CONTRACTOR within thirty (30) days of the end of
1947 the Agreement Year, CONTRACTOR'S obligation to deliver compost for said
1948 Agreement Year shall be deemed to be satisfied.
1949 16.03.2 Bulk Compost for CITY Residents. CONTRACTOR
1950 shall make available bulk compost for distribution at one (1) recurring annual
1951 compost give-back event within the City of Dublin. CONTRACTOR shall work
1952 with the CITY Representative to determine the date and location of the give-back
1953 event. CONTRACTOR shall be responsible for all aspects related to planning,
1954 managing and staffing of the compost give-back event, including a suitable
1955 location and all labor, equipment, traffic control, permits and pUblic notification.
1956 CONTRACTOR shall supply a front-end loader vehicle to load CITY resident
1957 pickup trucks during the compost give-back event. CONTRACTOR shall also
1958 provide appropriate sealable plastic bags and shovels for residents who wish to
1959 obtain small amounts of material.
1960 16.04 Additional Proarams and Services. CONTRACTOR shall provide
1961 additional services and programs as requested by CITY at a price to be mutually
1962 agreed upon between the CONTRACTOR and the City Representative. In the
1963 event the CONTRACTOR and the City Representative cannot reach a mutually
1964 agreed upon price for the requested service or program, CITY shall have the
1965 right to procure the service of other vendors or contractors to provide the
1966 requested service.
1967 16.05 News Media Relations. CONTRACTOR shall notify the City
1968 Representative by Fax, e-mail or phone of all requests for news media interviews
1969 related to the Collection Services program within twenty-four (24) hours of
1970 CONTRACTOR'S receipt of the request. Before responding to any inquiries
1971 involving controversial issues or any issues likely to affect participation or Service
1972 Recipient perception of services, CONTRACTOR will discuss CONTRACTOR'S
1973 proposed response with the City Representative.
1974 16.05.1.1 Copies of draft news releases or proposed
1975 trade journal articles shall be submitted to CITY for prior review and approval at
1976 least five (5) Work Days in advance of release, except where CONTRACTOR is
1977 required by any law or regulation to submit materials to any regulatory agency in
1978 a shorter period of time, in which case CONTRACTOR shall submit such
1979 materials to CITY simultaneous.ly with CONTRACTOR'S submittal to such
1980 regulatory agency.
1981 16.05.2 Copies of articles resulting from media interviews or
1982 news releases shall be provided to the CITY within five (5) Work Days after
1983 publication.
Page 5 - 52 City of Dublin
0ß D'Ò ILD-'3
Collection Service Agreement
1984 16.06 Waste Generation and Characterization Studies. CONTRACTOR
1985 acknowledges that CITY must perform Solid Waste generation and
1986 characterization studies periodically to comply with AB 939 requirements.
1987 CONTRACTOR agrees to participate and cooperate with CITY and its agents
1988 and to perform studies and data collection exercises, as needed, to determine
1989 weights, volumes and composition of Solid Waste generated, disposed,
1990 transformed, diverted or otherwise processed to comply with AB 939.
1991 ARTICLE 17. Emergency Service Provisions
1992 17.01 EmerQency Services. In the event of a tornado, major storm,
1993 earthquake, fire, natural disaster, or other such event, the City Representative
1994 may grant the CONTRACTOR a variance from regular routes and schedules. As
1995 soon as practicable after such event, the CONTRACTOR shall advise the City
1996 Representative when it is anticipated that normal routes and schedules can be
1997 resumed. The City Representative shall make an effort through the local news
1998 media to inform the public when regular services may be resumed. The clean-up
1999 from some events may require that the CONTRACTOR hire additional
2000 equipment, employ additional personnel, or work existing personnel on overtime
2001 hours to clean debris resulting from the event. The CONTRACTOR shall receive
2002 additional compensation, above the normal compensation contained in this
2003 Agreement, to cover the costs of rental equipment, additional personnel, overtime
2004 hours and other documented expenses based on the rates set forth in Exhibit 1
2005 to this Agreement provided the CONTRACTOR has first secured written
2006 authorization and approval from the CITY through the City Representative.
2007 ARTICLE 18. Record Keeping and Reporting
2008 Requirements
2009 18.01 Record KeepinQ.
2010 18.01.1 AccountinQ Records. CONTRACTOR shall
2011 maintain full, complete and separate financial, statistical and accounting records,
2012 pertaining to cash, billing, and provisions of all Collection Services provided
2013 under this Agreement, prepared on an accrual basis in accordance with generally
2014 accepted accounting principles. Such records shall be subject to audit, copy,
2015 and inspection. Gross revenues derived from provision of the Collection
2016 Services, including revenues from the sale of Recyclable Materials, including
2017 CRV revenue or revenue from the sale of Composted Material, whether such
2018 services are performed by the CONTRACTOR or by a subcontractor or
2019 subcontractors, shall be recorded as revenues in the accounts of the
2020 CONTRACTOR. These records shall be separate and segregated from other
2021 records maintained by CONTRACTOR for the provision of other services outside
2022 the scope of this Agreement as may be provided by CONTRACTOR.
2023 CONTRACTOR shall maintain and preserve all cash, billing and disposal records
2024 for a period of not less than five (5) years following the close of each of the
2025 CONTRACTOR'S fiscal years.
Page 5 - 53
Section 5
(oq ~ 103
2026 18.01.2 Aqreement Materials Records. CONTRACTOR
2027 shall maintain records of the quantities of (i) Residential, Commercial and City
2028 Waste Collected and disposed under the terms of this Agreement, (ii)
2029 Recyclable Materials, by type, Collected, purchased, processed, sold, donated or
2030 given for no compensation, and residue disposed.
2031 18.01.3 Other Records. CONTRACTOR shall maintain all
2032 other records reasonably related to provision of Collection Services, whether or
2033 not specified in this Article 18 or elsewhere in the Agreement.
2034 18.02 Reportinq Requirements.
2035 18.03 Due Dates. Monthly reports shall be submitted no later than
2036 twenty (20) calendar days after the end of the reporting month. Quarterly reports
2037 shall be submitted no later than thirty (30) calendar days after the end of the
2038 reporting quarter and annual reports shall be submitted no later than forty-five
2039 (45) calendar days after the end of each Agreement Year. Monthly, quarterly and
2040 annual reports shall be submitted in hard copy, and shall be provided
2041 electronically via e-mail or on a 3.5" IBM-compatible diskette using software
2042 acceptable to the CITY.
2043 18.04 Monthlv Reports. Monthly reports to the CITY shall include:
2044 18.04.1 Solid Waste Data. The number of SFD, MFD, City
2045 and Commercial Service Units and the number of Garbage Bins and Carts
2046 distributed by size and Service Unit type. A listing of the actual tonnage from all
2047 Collection Services, including Large Item Collection Service, Collected, diverted
2048 and disposed by the CONTRACTOR at the Disposal Facility for the preceding
2049 month sorted between SFD, MFD Commercial and CITY Service Units and
2050 between Roll-Off Containers and all other containers to extent practical (as
2051 required by Sections 5.07 and 5.08). All tonnage data should be compared to
2052 the corresponding tonnage data from the prior year comparable period.
2053 18.04.2 Recvclinq Data. Gross tons Collected monthly on
2054 average by material type by route for SFD, MFD, City and Commercial Recycling
2055 Service, including Recyclable Materials Collected as part of Large Item Collection
2056 Service, for the preceding month. The average participation rates for each
2057 month relative to the total number of Service Units by Service Unit type. All
2058 tonnage data should be compared to the corresponding tonnage data from the
2059 prior year comparable period.
2060 18.04.3 Orqanic Waste Data. Include average daily gross
2061 tons Collected and average daily number of set-outs. Indicate average
2062 participation rates relative to the total number of Service Units in terms of weekly
2063 set-out counts. Indicate number of Organic Waste Bins and Carts distributed by
2064 size and Service Unit type. All tonnage data should be compared to the
2065 corresponding tonnage data from the prior year comparable period.
2066 18.04.4 Customer Service Loq. A copy of the customer
2067 service log, including a summary of the type and number of complaints and their
Page 5 - 54 City of Dublin
100b 11.o~)
Collection Service Agreement
2068 resolution. Copies of a written record of all calls related to missed pickups and
2069 responses to such calls.
2070 18.05 Quarterlv Reports. Quarterly reports to the CITY shall include:
2071 18.05.1 Monthlv Data. All monthly reports in Sections
2072 18.04.1 through 18.04.4 summarized by month and averaged for the quarter. All
2073 tonnage data should be compared to the corresponding tonnage data from the
2074 prior year comparable period.
2075 18.05.2 Public Education And Information Activities.
2076 CONTRACTOR shall report on all public education and information activities
2077 undertaken during the period, including distribution of bill inserts, collection
2078 notification tags, community information and events, school visits, tours and other
2079 activities related to the provision of Collection Services. This report shall discuss
2080 the impact of these activities on Recycling and Organic program participation and
2081 provide details of events and activities planned for the next period.
2082 18.05.3 Recvclina and Oroanic Waste Proorams. An
2083 analysis of any Recycling and Organic Waste Collection, processing and
2084 marketing issues or conditions occurring during the previous quarter (such as
2085 participation, setouts, contamination, etc) and possible solutions, discussed
2086 separately for SFD, MFD, Commercial and CITY programs.
2087 18.05.4 Customer Service Data. A summary narrative of
2088 problems encountered with Collection and processing activities and actions
2089 taken. Indicate type and number of Non-Collection Notices left at Service
2090 Recipient locations. Indicate instances of property damage or injury, significant
2091 changes in operation, market factors, pUblicity conducted, needs for publicity.
2092 Include description of processed material loads rejected for sale, reason for
2093 rejection and disposition of load after rejection.
2094 18.05.5 Customer Base Data. CONTRACTOR shall
2095 provide, customer base data consisting of the number of SFD Service Units billed
2096 for additional services above the minimum service billed by the City, and thè
2097 number of MFD and Commercial Service Units billed, sorted by service type,
2098 container size, number of containers and frequency of Collection.
2099 18.05.6 Special Events. Summary of each special event
2100 activity, (CITY sponsored or drop-off) including; the name and date of the event,
2101 the Tonnage Collected, diverted and disposed by material type, and other
2102 services provided. CONTRACTOR shall also provide information regarding the
2103 logistics of the event and suggestions for improving future events.
2104 18.05.7 Summary of Historical and Proposed Activities.
2105 CONTRACTOR shall provide a narrative of activities undertaken dµring the
2106 quarter and those planned or proposed for the upcoming quarter.
2107 18.06 Annual Reports. The annual report to the CITY shall include:
1.::~Ç~):rX~{{~>~
!¡,/~\t
: ' , ¡sl
, ..')/
, c:t{lt(Ãj1~~~~
Page 5 - 55
Section 5
/)/ õ"() 103,
2108 18.06.1 Quarterlv Data. All quarterly reports in Sections
2109 18.05.1 through 18.05.7 summarized by quarter and averaged for the year. For
2110 all annual reports beginning with the report for the second (2nd) Agreement Year,
2111 the CONTRACTOR shall include a historical comparison of the last Agreement
2112 Year and the average of all Agreement Years.
2113 18.06.2 Recyclinq Data. Indicate, by material type (and
2114 grade where appropriate), the monthly totals of Recyclable Materials processed
2115 and sold including facility name and location, average price received per ton and
2116 total recycling revenue received. Indicate any quantities, by material type,
2117 donated or otherwise disbursed without compensation. Indicate number of
2118 Recycling Bins and Carts distributed by size and Service Unit type. Also provide
2119 the total and location for residue Disposed.
2120 18.06.2.1 Used Oil Proqram. CONTRACTOR shall
2121 provide detailed financial data regarding the cost of providing Used Oil Coiled
2122 Service. To the extent practical segregate the program costs between the SFD
2123 and MFD programs. Financial data should include but not be limited to costs in
2124 the following four categories, administration, collection, transportation and
2125 disposal.
2126 18.06.3 Orqanic Waste. Indicate the monthly totals of
2127 Organic Waste processed and sold including facility name and location, average
2128 price received per ton and total Organic Waste revenue received. Indicate total
2129 tons provided to CITY, to CITY residents or otherwise disbursed without
2130 compensation. Indicate number of Organic Waste Bins and Carts distributed by
2131 size and Service Unit type. Indicate number of "kitchen pails" and commercial
2132 indoor organic containers distributed. Also provide the total and location for
2133 residue Disposed.
2134 18.06.4 Special Events. Provide a summary of each
2135 special event activity, (CITY sponsored or drop-off) including; the name and date
2136 of the event, the Tonnage Collected, diverted and disposed by material type, and
2137 other services provided. CONTRACTOR shall also provide information
2138 regarding the logistics of the event and suggestions for improving future events.
2139 For all annual reports beginning with the report for the second (2nd) Agreement
2140 Year, the CONTRACTOR shall include a historical comparison of the last
2141 Agreement Year and the average of all Agreement Years.
2142 18.06.5 Summary of Historical and Proposed Activities.
2143 CONTRACTOR shall provide a narrative of activities undertaken during the year
2144 and those planned or proposed for the upcoming year. CONTRACTOR shall
2145 provide information describing if the activity was undertaken in the previous
2146 Agreement Year or not and if not why it was added. For those activities that are
2147 not being continued, CONTRACTOR shall describe the reason the activity has
2148 been discontinued and the activity that is replacing it.
Page 5 - 56 City of Dublin
1:1- T5b I (j) 3
Collection Service Agreement
2149 18.07 Additional ReportinQ. The CONTRACTOR shall furnish the CITY
2150 with any additional reports as may reasonably be required, such reports to be
2151 prepared within a reasonable time following the reporting period.
2152 ARTICLE 19. Nondiscrimination
2153 19.01 Nondiscrimination. In the performance of all work and services
2154 under this Agreement, CONTRACTOR shall not discriminate against any person
2155 on the basis of such person's race, sex, color, national origin, religion, marital
2156 status or sexual orientation. CONTRACTOR shall comply with all applicable
2157 local, state and federal laws and regulations regarding nondiscrimination,
2158 including those prohibiting discrimination in employment.
2159 ARTICLE 20. Prevailing Wages and Worker Retention
2160 20.01 Worker Retention. CONTRACTOR acknowledges that when
2161 Collection Services are transferred to CONTRACTOR, workers who perform
2162 services for CITY'S current contractor will be displaced from their employment.
2163 CONTRACTOR shall make a good faith effort to offer employment to all qualified
2164 displaced workers who have been employed by the current contractor for at least
2165 one hundred twenty (120) calendar days prior to July 1, 2005 (the "Collection
2166 Service Start-up Date"). Non-management or non-supervisory workers of the
2167 current contractor who have been employed for at least one hundred twenty
2168 (120) calendar days prior to the Collection Service Start-up Date and who would
2169 otherwise be terminated or laid off shall be considered qualified displaced
2170 workers subject to the worker retention provisions. However, CONTRACTOR
2171 shall not be required to create additional positions that CONTRACTOR does not
2172 need, displace any of its current employees, or modify its employee selection
2173 requirements. CONTRACTOR shall not discharge qualified displaced workers
2174 for at least one hundred eighty (180) calendar days after the Collection Service
2175 Start-up Date, except for just cause. Thereafter, the continued employment of
2176 qualified displaced workers shall be under the terms and conditions established
2177 for all of CONTRACTOR'S workers in the particular classification.
2178 20.02 PrevailinQ WaQes. Wages and benefits applicable to employees
2179 performing work under the Agreement shall not be less than those prevailing in
2180 Alameda County for comparable work. Either the CITY or the CONTRACTOR
2181 may apply to the Director of the California Department of Industrial Relations for
2182 a determination of such prevailing wages and benefits, if the parties do not reach
2183 agreement on the amounts involved.
2184 20.03 Subcontractors. . Subcontractors shall be required to comply with
2185 the obligations set forth in Sections 20.01 and 20.02 above.
2186 ARTICLE 21. Service Inquiries and Complaints
2187 21.01 CONTRACTOR'S Customer Service. All service inquiries and
2188 complaints shall be directed to the CONTRACTOR. A representative of the
2189 CONTRACTOR shall be available to receive the complaints during normal
c:JS<»f);:¥}}:~ß'
,,!Úï."~""~':~"'( '-,11,\',
: <\:~;~¡,,,:
',\"~.!l
, <.¿;/jiTA>\
Page 5 - 57
13 Db IW3
Section 5
2190 business hours. All service complaints will be handled by the CONTRACTOR in
2191 a prompt and efficient manner. In the case of a dispute between the
2192 CONTRACTOR and a Service Recipient, the matter will be reviewed and a
2193 decision made by the City Representative.
2194 21.01.1 The CONTRACTOR will utilize the Customer
2195 Service Log to maintain a record of all inquiries and complaints in a manner
2196 prescribed by the CITY.
2197 21.01.2 For those complaints related to missed Collections
2198 that are received by 3:00 p.m. on a Work Day, the CONTRACTOR will return to
2199 the Service Unit address and Collect the missed materials before leaving the
2200 Service Area for the day. For those complaints related to missed Collections that
2201 are received after 3:00 p.m. on a Work Day, the CONTRACTOR shall have until
2202 the end of the following Work Day to resolve the complaint. For those complaints
2203 related to repair or replacement of carts or bins, the appropriate Sections of this
2204 Agreement shall apply
2205 21.01.3 CONTRACTOR agrees that it is in the best interest
2206 of the CITY that all Solid Waste and Recyclable Materials be Collected on the
2207 scheduled Collection day. Accordingly, missed Collections will normally be
2208 Collected as set forth above regardless of the reason that the Collection was
2209 missed. However, in the event a Service Recipient requests missed Collection
2210 service more than two (2) times in any consecutive two (2) month period the City
2211 Representative will work with the CONTRACTOR to determine an appropriate
2212 resolution to that situation. In the event the CONTRACTOR believes any
2213 complaint to be without merit, CONTRACTOR shall notify the City
2214 Representative, either by Fax or e-mail. The City Representative will investigate
2215 all disputed complaints and render a decision.
2216 ARTICLE 22. Quality of Performance of Contractor
2217 22.01 Intent. CONTRACTOR acknowledges and agrees that one of
2218 CITY'S primary goals in entering into this Agreement is to ensure that the
2219 Collection Services are of the highest caliber, that Service Recipient satisfaction
2220 remains at the highest level, that maximum diversion levels are achieved, and
2221 that materials Collected are put to the highest and best use to the extent feasible.
2222 22.02 Service Supervisor. CONTRACTOR shall assign a qualified
2223 supervisor to be in charge of the Collection Service within the Service Area and
2224 shall provide the name of that person in writing to the City Representative within
2225 thirty (30) days of the execution of this Agreement, and annually by July 1st of
2226 each subsequent Agreement Year during the term of this Agreement, and any
2227 other time the person in that position changes. The supervisor shall be
2228 physically located in the Service Area and available to the City Representative
2229 through the use of telecommunication equipment at all times that CONTRACTOR
2230 is providing Collection Services. In the event the supervisor is unavailable due to
2231 illness or vacation, CONTRACTOR shall designate an acceptable substitute who
Page 5 - 58 City of Dublin
174- 00 nD~
Collection Service Agreement
2232 shall be available and who has the authority to act in the same capacity as the
2233 supervisor. The service supervisor shall provide the CITY with an emergency
2234 phone number where the supervisor can be reached outside of normal business
2235 hours.
2236 22.03 Liauidated Damages. The parties further aCknowledge that
2237 consistent and reliable Collection Service is of utmost importance to CITY and
2238 that CITY has considered and relied on CONTRACTOR'S representations as to
2239 its quality of service commitment in awarding the Agreement to it. The parties
2240 further recognize that some quantified standards of performance are necessary
2241 and appropriate to ensure consistent and reliable service and performance. The
2242 parties further recognize that if CONTRACTOR fails to achieve the performance
2243 standards, or fails to submit required documents in a timely manner, CITY, and
2244 City's residents and businesses will suffer damages and that it is and will be
2245 impractical and extremely difficult to ascertain and determine the exact amount of
2246 damages. Therefore, without prejudice to CITY'S right to treat such non-
2247 performance as an event of default under Article26, the parties agree that the
2248 liquidated damages amount defined in this Section represent reasonable
2249 estimates of the amount of such damages considering all of the circumstances
2250 existing on the effective date of this Agreement, including the relationship of the
2251 sums to the range of harm to CITY, customers and the community as a whole
2252 that reasonably could be anticipated and the anticipation that proof of actual
2253 damages would be costly or impractical. In placing their initials at the places
2254 provided, each party specifically confirms the accuracy of the statements made
2255 above and the fact that each party has had ample opportunity to consult with
2256 legal council and obtain an explanation of the liquidated damage provisions at
2257 the time that the Agreement was made.
2258 CITY Initial Here CONTRACTOR Initial Here
2259 22.03.1 CONTRACTOR agrees to pay (as liquidated
2260 damages and not as penalty) the following amounts:
a.
$100.00 per incident
er Service Reci ient
$300.00 per incident
er location.
$500.00 per incident
er location.
Failure or neglect to resolve each complaint within the
time set forth in this A reement.
Failure to clean up spillage or litter caused by
CONTRACTOR.
Failure to repair damage to customer property caused
b CONTRACTOR or its ersonnel.
d. Failure to maintain equipment in a clean, safe, and
san ita manner.
b.
c.
Page 5 - 59
Section 5
LIQUIDATE:D:DAMAGES
Item
e. Failure to have a vehicle operator properly licensed.
f. Failure to maintain office hours as required by this
A reement.
g. Failure to maintain or timely submit to CITY all
documents and reports required under the provisions
of this A reement.
h. Failure to properly cover materials in Collection
vehicles.
i. Failure to display CONTRACTOR'S name and
customer service phone number on Collection
vehicles.
j.
Failure or neglect to complete at least ninety percent
(90%) of each route on the regular scheduled
Collection Service Work Da .
I. Changing routes without proper notification to the City
Re resentative.
k.
m.
Commin lin Solid Waste with Rec clable Materials.
Commingling of materials Collected inside and outside
the Cit of Dublin.
n.
o.
p.
15°6/03
Amo:u:nt
$100.00 per incident
per day.
$500.00 per incident.
$100.00 per incident
per day.
$1,000.00 for each
route not completed.
$1,000.00 er incident.
$1,000.00 per incident.
$100.00 per incident
per da .
$100.00 per incident
er da .
$1,000.00 per day.
q. Failure to provide adequate primary and alternate
capacity to accept and process Recyclable Materials
or Or anic Waste.
r. Failure to have CONTRACTOR personnel in proper
uniform.
s. Disposal of Recyclable Materials or Organic Waste in $1,000.00 per load
the Disposal Facility without first obtaining the required
ermission of the CITY.
Page 5 p 60 City of Dublin
1/..0 ùO J (0':2
Collection Service Agreement -'
I..IQU1DATED DAMAGES
Item
1. Failure to provide required communications
e ui ment.
u.
Failure to deliver any Collected materials to the CITY
approved Disposal Facility, Materials Recovery
Facility, or Organic Waste Processing Facility, as
appropriate, except as otherwise expressly provided in
this A reemen1.
Delivery to the Disposal Facility of any Solid Waste
Collected outside of the City boundaries of Dublin
commingled with that Collected as part of this
A reemen1.
Failure to meet the minimum diversion requirements of
this Agreement (calculated per Agreement Year).
v.
w.
x.
Failure to meet vehicle noise requirements.
Amount
$5,000 first failure
$25,000 each
subsequent failure
$5,000 first delivery
$25,000 each
subsequent delivery
Shortfall of 0.001 % -
2%: $10,000.
Shortfall of 2.001 % or
reater: $25,000
$100.00 per incident
erda .
2261 22.04 Procedure for Review of Liauidated Damages. The City
2262 Representative may assess liquidated damages pursuant to this Article 22 on a
2263 monthly basis. At the end of each month during the term of this Agreement, the
2264 City Representative shall issue a written notice to CONTRACTOR ("Notice of
2265 Assessment") of the liquidated damages assessed and the basis for each
2266 assessment.
2267 22.04.1 The assessment shall become final unless, within
2268 ten (10) calendar days of the date of the notice of assessment, CONTRACTOR
2269 provides a written request for a meeting With the City Manager to present
2270 evidence that the assessment should not be made.
2271 22.04.2 The City Representative shall schedule a meeting
2272 between CONTRACTOR and the City Manager or the Manager's designee as
2273 soon as reasonably possible after timely receipt of CONTRACTOR'S request.
2274 22.04.3 The Manager or the Manager's designee shall
2275 review CONTRACTOR'S evidence and render a decision sustaining or reversing
2276 the liquidated damages as soon as reasonably possible after the meeting.
2277 Written notice of the decision shall be provided to CONTRACTOR.
2278 22.04.4 In the event CONTRACTOR does not submit a
2279 written request for a meeting within ten (10) calendar days of the date of the
Page 5 - 61
Section 5
1)1 ðb ho 3
2280 Notice of Assessment, the City Representative's determination shall be final and
2281 CONTRACTOR shall submit payment to CITY no later than that tenth (10th) day.
2282 Or at the sole option of CITY, if monies are owed to CONTRACTOR, CITY may
2283 deduct the liquidated damages from amounts otherwise due to CONTRACTOR.
2284 22.04.5 CITY'S assessment or collection of liquidated
2285 damages shall not prevent CITY from exercising any other right or remedy,
2286 including the right to terminate this Agreement, for CONTRACTOR'S failure to
2287 perform the work and services in the manner set forth in this Agreement.
2288 ARTICLE 23. Performance Bond
2289 23.01 Performance Bond. Within ten (10) calendar days from the date
2290 the City Council approves this Agreement, the CONTRACTOR shall furnish to the
2291 CITY, and keep current, a performance bond in a form as set forth in Exhibit 4
2292 which is included in and attached to this Agreement, for the faithful performance
2293 of this Agreement and all obligations arising hereunder in an amount of one
2294 million dollars ($1,000,000).
2295 23.01.1 The performance bond shall be executed by a
2296 surety company licensed to do business in the State of California; having an "A-"
2297 or better rating by A. M. Best or Standard and Poors; and included on the list of
2298 surety companies approved by the Treasurer of the United States.
2299 23.02 Letter of Credit. As an alternative to the performance bond
2300 required by this Section 23.01, at CITY'S option, CONTRACTOR may deposit
2301 with CITY an irrevocable letter of credit in an amount as set forth in Section
2302 23.01. If allowed, the letter of credit must be issued by an FDIC insured banking
2303 institution chartered to business in the state of California, in the CITY'S name,
2304 and be callable at the discretion of the CITY. Nothing in this Section shall, in any
2305 way, obligate the CITY to accept a letter of credit in lieu of the performance bond.
2306 ARTICLE 24. Insurance
2307 24.01 Insurance Policies. CONTRACTOR shall secure and maintain
2308 throughout the term of this Agreement insurance against claims for injuries to
2309 persons or damages to property which may arise from or in connection with
2310 CONTRACTOR'S performance of work or services under this Agreement.
2311 CONTRACTOR'S performance of work or services shall include performance by
2312 CONTRACTOR'S employees, agents, representatives and subcontractors.
2313 24.01.1 Minimum Scope of Insurance. Insurance coverage
2314 shall be at least this broad:
2315 24.01.1.1 Insurance Services Office Form No. GL
2316 0002 (Ed. 1/96) covering Comprehensive General Liability and Insurance
2317 Services Office Form No. GL 0404 covering Broad Form Comprehensive General
2318 Liability; or Insurance Services Office Commercial General Liability coverage
2319 ("occurrence" form CG 0001), including X, C, U where applicable.
Page 5 - 62 City of Dublin
2320
2321
2322
2323
2324
2325
2326
2327
2328
2329
2330
2331
2332
·2333
2334
2335
2336
2337
2338
2339
2340
2341
2342
2343
2344
2345
2346
·2347
2348
2349
2350
2351
2352
2353
2354
2355
2356
2357
2358
2359
1e Db 103
Collection Service Agreement
24.01.1.2 Insurance Services Office Form No.CA
0001 (Ed. 12/93) covering Automobile Liability, code 1 "any auto", or code 2
"owned autos" and endorsement CA 0025. Coverage shall also include code 8,
"hired autos" and code 9 "non-owned autos".
24.01.2 Workers' Compensation insurance as required by
the California Labor Code and Employers Liability Insurance.
24.01.3 Hazardous Waste and Environmental Impairment
Liability Insurance.
24.02 Minimum Limits of Insurance. CONTRACTOR shall maintain
insurance limits no less than:
24.02.1 Comprehensive General Liability: $3,000,000
combined single limit per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability insurance with a general
aggregate limit is used, either the general aggregate limit shall apply separately
to this Agreement or the general aggregate limit shall be $5,000,000.
24.02.2 Automobile Liability: $3,000,000 combined single
limit per accident for bodily injury and property damage.
24.02.3 Workers' Compensation and Employers Liability:
Workers' Compensation limits as required by the California Labor Code and
Employers Liability limits of $3,000,000 per accident.
24.02.4 Hazardous Waste and Environmental Impairment
Liability: $3,000,000 per occurrence.
24.03 Deductibles and Self-Insured Retention. Any
deductibles or self-insured retention must be declared to, and approved by,
CITY'S Risk Manager. At the option of CITY, either: the CONTRACTOR shall
reduce or eliminate such deductibles or self-insured retention as respects CITY,
its officers, employees, agents and contractors; or CONTRACTOR shall procure
a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses in an amount specified by CITY'S Risk
Manager.
24.04 Endorsements. The policies are to contain, or be endorsed to
contain, the following provisions:
24.04.1 General Liabilitv and Automobile Liabilitv Coverage.
24.04.1.1 The CITY, its officers, employees, agents
and contractors are to be covered as additional insureds as respects: Liability
arising out of activities performed by, or on behalf of, CONTRACTOR; products
and completed operations of CONTRACTOR; premises owned, leased or used
by CONTRACTOR; and automobiles owned, leased, hired or borrowed by
CONTRACTOR. The coverage shall contain no special limitations on the scope
of protection afforded to CITY, its officers, employees, agents and contractors.
Page 5 - 63
Section 5
')9 ù~b /4'3
2360 24.04.1.2 CONTRACTOR'S insurance coverage shall
2361 be primary insurance as respects CITY, its officers, employees, agents and
2362 contractors. Any insurance, or self-insurance maintained by CITY, its officers,
2363 employees, agents or contractors shall be in excess of CONTRACTOR'S
2364 insurance and shall not contribute with it.
2365 24.04.1.3 Any failure to comply with reporting
2366 provisions of the policies shall not affect coverage provided to CITY, its officers,
2367 employees, agents, or contractors.
2368 24.04.1.4 Coverage shall state that CONTRACTOR'S
2369 insurance shall apply separately to each insured against whom claim is made or
2370 suit is brought, except with respect to the limits of the insurer's liability.
2371 24.04.2 All Coveraqe. Each insurance policy required by
2372 this Agreement shall be endorsed to state that coverage shall not be suspended,
2373 voided, canceled, or reduced in limits except after thirty (30) calendar days prior
2374 written notice has been given to CITY.
2375 24.05 Acceptability of Insurers. Insurance is to be placed
2376 with insurers acceptable to CITY'S Risk Manager.
2377 24.06 Verification of Coveraqe. CONTRACTOR shall furnish CITY with
2378 certificates of insurance and with original endorsements affecting coverage
2379 required by this Agreement. The certificates and endorsement for each
2380 insurance policy are to be signed by a person authorized by that insurer to bind
2381 coverage on its behalf. CONTRACTOR shall furnish CITY with a new certificate
2382 of insurance and endorsements on each renewal of coverage or change of
2383 insurers.
2384 24.06.1 Proof of insurance shall be mailed to the following
2385 address or any subsequent address as may be directed in writing by the CITY'S
2386 Risk Manager:
2387 CITY OF DUBLIN
2388 Risk Management
2389 100 Civic Plaza
2390 Dublin, CA 94568
2391 24.07 Subcontractors. CONTRACTOR shall include all subcontractors
2392 as insureds under its policies or shall obtain separate certificates and
2393 endorsements for each subcontractor.
2394 24.08 Modification of Insurance Requirements. The insurance
2395 requirements provided in this Agreement may be modified or waived by CITY'S
2396 Risk Manager, in writing, upon the request of CONTRACTOR if the CITY'S Risk
2397 Manager determines such modification or waiver is in the best interest of CITY
2398 considering all relevant factors, including exposure to CITY.
2399 24.09 Riahts of Subroaation. All required insurance policies shall
2400 preclude any underwriter's rights of recovery or subrogation against CITY with
Page 5 - 64 City of Dublin
ßO Go lp'3
Collection Service Agreement
2401 the express intention of the parties being that the required insurance coverage
2402 protects both parties as the primary coverage for any and all losses covered by
2403 the above-described insurance. CONTRACTOR shall ensure that any
2404 companies issuing insurance to cover the requirements contained in this
2405 Agreement agree that they shall have no recourse against CITY for payment or
2406 assessments in any form on any policy of insurance. The clauses 'Other
2407 Insurance Provisions' and 'Insured Duties in the Event of an Occurrence, Claim
2408 or Suit' as it appears in any policy of insurance in which CITY is named as an
2409 additional insured shall not apply to CITY.
2410 ARTICLE 25. Indemnification
2411 25.01 Indemnification. CONTRACTOR shall indemnify and hold
2412 harmless CITY, CITY'S contractors, and the public officials, officers, directors,
2413 employees, agents and other contractors of each of them, from and against any
2414 and all claims, costs, losses and damages (including but not limited to all fees
2415 and charges of engineers, architects, attorneys and other professionals as well
2416 as all Court or other dispute resolution costs), liabilities, expenditures or causes
2417 of action of any kind (including negligent, reckless, willful or intentional acts or
2418 omissions of the CONTRACTOR, any subcontractor, any supplier, any person or
2419 organization directly or indirectly employed by any of them to perform or furnish
2420 any services or anyone for whose acts any of them may be liable), arising from,
2421 relative to or caused by the performance of the services. This indemnity includes
2422 but is not limited to claims attributable to bodily injury, personal injury, sickness,
2423 disease or death and to injury or destruction of property. CONTRACTOR
2424 agrees, at CONTRACTOR'S expense, after written notice from the CITY, to
2425 defend any action against the CITY that falls within the scope of this indemnity,
2426 or the CITY, at the CITY'S option, may elect not to tender such defense and may
2427 elect instead to secure its own attorneys to defend any such action and the
2428 reasonable costs and expenses of such attorneys incurred in defending such
2429 action shall be payable by CONTRACTOR. Additionally, if CONTRACTOR, after
2430 receipt of written notice from the CITY, fails to make any payment due under this
2431 Agreement to the CITY, CONTRACTOR shall pay any reasonable attorneys'
2432 fees or costs incurred by the CITY in securing any such payment from
2433 CONTRACTOR. Payment of any amount due pursuant to the foregoing
2434 indemnity shall, after receipt of written notice by CONTRACTOR from the CITY
2435 that such amount is due, be made by CONTRACTOR prior to the CITY being
2436 required to pay same, or in the alternative, the CITY, at the CITY'S option, may
2437 make payment of an amount so due and CONTRACTOR shall promptly
2438 reimburse the CITY for same, together with interest thereon at the rate of 12%
2439 per annum simple interest from the date of receipt by CONTRACTOR of written
2440 notice from the CITY that such payment is due.
2441 25.02 CONTRACTOR agrees to protect and defend CITY with counsel
2442 selected by CONTRACTOR and approved by CITY, to pay all attorneys' fees,
2443 and to indemnify and hold CITY harmless from and against all fines or penalties
2444 imposed by the California Integrated Waste Management Board if the diversion
Page 5 - 65
Section 5
'ßI D"h ¡le':,
'--'
2445 goals specified in California Public Resources Code Section 41780 as of the date
2446 hereof and hereafter throughout are not met by the CITY with respect to the
2447 Materials Collected by CONTRACTOR and if the lack in meeting such goals are
2448 attributable to the failure of the CONTRACTOR to implement and operate the
2449 recycling or diversion programs or undertake the related activities required by
2450 this Agreement.
2451 25.03 Consideration. It is specifically understood and agreed that the
2452 consideration inuring to the CONTRACTOR for the execution of this Agreement
2453 consists of the promises, payments, covenants, rights and responsibilities
2454 contained in this Agreement.
2455 25.04 Obliqation. The execution of this Agreement by the
2456 CONTRACTOR shall obligate the CONTRACTOR to comply with the foregoing
2457 indemnification provision; however, the collateral obligation of providing
2458 insurance must also be complied with as set forth in Article 24 above.
2459 25.05 Subcontractors. The CONTRACTOR shall require all
2460 subcontractors to enter into an Agreement containing the provisions set forth in
2461 the preceding subsection in which Agreement the subcontractor fully indemnifies
2462 the CITY in accordance with this Agreement.
2463 25.06 Exception. Notwithstanding Sections 25.01, 25.02 and 25.03,
2464 CONTRACTOR'S obligation to indemnify, hold harmless and defend CITY, its
2465 officers and employees shall not extend to any loss, liability, penalty, plain,
2466 damage, action or suit arising or resulting from acts or omissions constituting
2467 willful misconduct or sole negligence on the part of the CITY its officers or
2468 employees.
2469 25.07 Damaae by CONTRACTOR. If CONTRACTOR'S employees or
2470 subcontractors cause any injury, damage or loss to CITY property, including but
2471 not limited to CITY streets or curbs, CONTRACTOR shall reimburse CITY for
2472 CITY'S cost of repairing such injury, damage or loss. Such reimbursement is not
2473 in derogation of any right of CITY to be indemnified by CONTRACTOR for any
2474 such injury, damage or loss. With the prior written approval of CITY,
2475 CONTRACTOR may repair the damage at CONTRACTORS sole cost and
2476 expense.
2477 ARTICLE 26. Default of Contract
2478 26.01 Termination. The CITY may cancel this Agreement, except as
2479 otherwise provided below in this Section, by giving the CONTRACTOR thirty (30)
2480 calendar days advance written notice, to be served as provided in Article 42,
2481 upon the happening of anyone of the following events:
2482 26.01.1 The CONTRACTOR shall take the benefit of any
2483 present or future insolvency statute, or shall make a general assignment for the
2484 benefit of creditors, or file a voluntary petition in bankruptcy (court) or a petition or
2485 answer seeking an arrangement for its reorganization or the readjustment of its
Page 5 - 66 City of Dublin
~d (IO )l.D~
Collection Service Agreement
2486 indebtedness under the Federal bankruptcy laws or under any other law or
2487 statute of the United States or any state thereof, or consent to the appointment of
2488 a receiver, trustee or liquidator of all or substantially all of its property; or
2489 26.01.2 By order or decree of a Court, the CONTRACTOR
2490 shall be adjudged bankrupt or an order shall be made approving a petition filed
2491 by any of its creditors or by any of the stockholders of the CONTRACTOR,
2492 seeking its reorganization or the readjustment of its indebtedness under the
2493 Federal bankruptcy laws or under any law or statute of the United States or of
2494 any state thereof, provided that if any such judgment or order is stayed or
2495 vacated within sixty (60) calendar days after the entry thereof, any notice of
2496 default shall be and become null, void and of no effect; unless such stayed
2497 judgment or order is reinstated in which case, said default shall be deemed
2498 immediate; or
2499 26.01.2.1 By, or pursuant to, or under the authority of
2500 any legislative act, resolution or rule or any order or decree of any Court or
2501 governmental board, agency or officer having jurisdiction, a receiver, trustee or
2502 liquidator shall take possession or control of all or substantially all of the property
2503 of the CONTRACTOR, and such possession or control shall continue in effect for
2504 a period of sixty (60) calendar days; or
2505 26.01.3 The CONTRACTOR has defaulted, by failing or
2506 refusing to pay in a timely manner the liquidated damages or other monies due
2507 the CITY and said default is not cured within thirty (30) calendar days of receipt
2508 of written notice by CITY to do so; or
2509 26.01.4 The CONTRACTOR has defaulted by allowing any
2510 final judgment for the payment of money to stand against it unsatisfied and said
2511 default is not cured within thirty (30) calendar days of receipt of written notice by
2512 CITY to do so; or
2513 26.01.5 In the event that the monies due the CITY under
2514 Section 26.01.3 above or an unsatisfied final judgment under Section 26.01.4
2515 above is the subject of a jUdicial proceeding, the CONTRACTOR shall not be in
2516 default if the sum of money is bonded. All bonds shall be in the form acceptable
2517 to the CITY Attorney; or
2518 26.01.6 The CONTRACTOR has defaulted, by failing or
2519 refusing to perform or observe the terms, conditions or covenants in this
2520 Agreement. includina satìsfactorv conformance with the service levels crescribed
2521 herein. or any of the rules and regulations promulgated by the CITY pursuant
2522 thereto or has wrongfully failed or refused to comply with the instructions of the
2523 City Representative relative thereto: crovided that aR€I-said default is not cured
2524 within thirty (30) calendar days of receipt of written notice by the CITY to do so,
2525 or if by reason of the nature of such default, the same cannot be remedied within
2526 thirty (30) calendar days following receipt by the CONTRACTOR of written
2527 demand from the CITY to do so, the CONTRACTOR fails to commence the
2528 remedy of such default within said thirty (30) calendar days following such written
Page 5 - 67
Section 5
23Dn l(c')
........"..'
2529 notice or having so commenced shall fail thereafter to continue with diligence the
2530 curing thereof. In anv disDute concernina failur~ to remedv or diliQenc.e..Jn
2531 oursuina a cure. fwHA-the CONTRACTOR ~hav~i-Ag the burden of proof to
2532 demonstrate (a)that the default cannot be cured within thirty (30) calendar days,
2533 and (b )that it is proceeding with diligence to cure said default, and such default
2534 will be cured within a reasonable period of time.). However, notwithstanding
2535 anything contained herein to the contrary, for the failure of the CONTRACTOR to
2536 provide Collection Services for a period of three (3) consecutive Work Days, on
2537 the fourth (4th) Work Day the CITY may secure the CONTRACTOR'S land,
2538 equipment, records and other property used or useful in providing Collection
2539 Services under this Agreement in order to provide interim Collection Services
2540 until such time as the matter is resolved and the CONTRACTOR is again able to
2541 perform pursuant to this Agreement; provided, however, if the CONTRACTOR is
2542 unable for any reason or cause to resume performance at the end of thirty (30)
2543 calendar days all liability of the CITY under this Agreement to the CONTRACTOR
2544 shall cease and this Agreement may be deemed terminated by the CITY.
2545 26.02 Violations. Notwithstanding the foregoing and as supplemental
2546 and additional means of termination of this Agreement under this Article, in the
2547 event that the CONTRACTOR'S record of performance show that the
2548 CONTRACTOR has frequently, regularly or repetitively defaulted in the
2549 performance of any of the covenànts and conditions required herein to be kept
2550 and performed by the CONTRACTOR, in the opinion of the CITY and regardless
2551 of whether the CONTRACTOR has corrected each individual condition of default,
2552 the CONTRACTOR shall be deemed a "habitual violator", shall be deemed to
2553 have waived the right to any further notice or grace period to correct, and all of
2554 said defaults shall be considered cumulative and collectively shall constitute a
2555 condition of irredeemable default. The CITY shall thereupon issue the
2556 CONTRACTOR a final warning citing the circumstances therefore, and any single
2557 default by the CONTRACTOR of whatever nature, subsequent to the occurrence
2558 of the last of said cumulative defaults, shall be grounds for immediate termination
2559 of the Agreement. A historv of liauidated damaaes imDosed Dursuant to Article
2560 .22 mav be used as a basis for deemina the CONTRACTOR to be a habitual
2561 violator: however. anv failure to have imoosed liauidated damaaes where
2562 aoolicable shall not Drevent use of the CONTRACTOR's underlvina failures from
2563 çºJ),§.i.~r..atiQo for determinina a habitual viola~ln the event of any such
2564 subsequent default, the CITY may terminate this Agreement upon giving of
2565 written final notice to the CONTRACTOR, such cancellation to be effective upon
2566 the date specified in the CITY'S written notice to the CONTRACTOR, and all
2567 contractual fees due hereunder plus any and all charges and interest shall be
2568 payable to said date, and the CONTRACTOR shall have no further rights
2569 hereunder. Immediately upon the specified date in such final notice the
2570 CONTRACTOR shall proceed to cease any further performance under this
2571 Agreement.
2572 26.03 Effective Date. In the event of the aforesaid events specified
2573 above, and except as otherwise provided in said subsections, termination shall
Page 5 - 68 City of Dublin
~~Db 11O-~)
Collection Service Agreement
2574 be effective upon the date specified in the CITY'S written notice to the
2575 CONTRACTOR and upon said date this Agreement shall be deemed immediately
2576 terminated and upon such termination all liability of the CITY under this
2577 Agreement to the CONTRACTOR shall cease, and the CITY shall have the right
2578 to call the performance bond and shall be free to negotiate with other contractors
2579 for the operation of the herein specified services. The CONTRACTOR for failure
2580 to perform shall reimburse the CITY all direct and indirect costs of providing
2581 interim Collection Services.
2582 26.04 Immediate Termination. CITY may terminate this Agreement
2583 immediately upon written notice to CONTRACTOR in the event CONTRACTOR
2584 fails to provide and maintain the performance bond as required by this
2585 Agreement, CONTRACTOR fails to obtain or maintain insurance policies
2586 endorsements as required by this Agreement, CONTRACTOR fails to provide the
2587 proof of insurance as required by this Agreement, or CONTRACTOR offers or
2588 gives any gift prohibited by CITY administrative policy.
2589 26.05 Termination Cumulative. CITY'S right to terminate this Agreement
2590 is cumulative to any other rights and remedies provided by law or by this
2591 Agreement.
2592 ARTICLE 27. Modifications to the Agreement
2593 27.01 AQreement Modifications and Chanaes in Law. The CITY and the
2594 CONTRACTOR understand and agree that the California Legislature has the
2595 authority to make comprehensive changes in Solid Waste Management
2596 legislation and that these and other changes in law in the future which mandate
2597 certain actions or programs for counties or municipalities may require changes or
2598 modifications in some of the terms, conditions or obligations under this
2599 Agreement. The CONTRACTOR agrees that the terms and provisions of the City
2600 of Dublin Municipal Code, as it now exists or as it may be amended in the future,
2601 shall apply to all of the provisions of this Agreement and the Service Recipients
2602 of the CONTRACTOR located within the Service Area. In the event any future
2603 change in law, modifications to the Municipal Code, or directed changes by the
2604 CITY materially alters the obligations of the CONTRACTOR, then the affected
2605 compensation and service rates, as established in Exhibit 1 of this Agreement
2606 shall be adjusted. Nothing contained in this Agreement shall require any party to
2607 perform any act or function contrary to law. The CITY and CONTRACTOR agree
2608 to enter into good faith negotiations regarding modifications to this Agreement
2609 which may be required in order to implement changes in the interest of the public
2610 welfare or due to change in law. When such modifications are made to this
2611 Agreement, the CITY and the CONTRACTOR shall negotiate in good faith, a
2612 reasonable and appropriate compensation adjustment for any increase or
2613 decrease in the services or other obligations required of the CONTRACTOR due
2614 to any modification in the Agreement under this Article. The CITY and the
2615 CONTRACTOR shall not unreasonably withhold agreement to such
2616 compensation adjustment.
«<itj::ŸbÌ'~
,(;' /' "''<4<
~.i,ff./( \~~~\
, j,,,
1 Jlj/
~ '" (.b{)IT?f.~§~';:;:
Page 5 - 69
2617
2618
2619
2620
2621
2622
2623
2624
2625
2626
2627
2628
2629
2630
2631
2632
2633
2634
2635
2636
2637
2638
2639
2640
2641
2642
2643
2644
2645
2646
2647
2648
2649
2650
2651
2652
2653
2654
2655
2656
2657
.tö5 EJb II.Ç~
Section 5
27.02 Citv-Directed Chanqes. CITY may direct CONTRACTOR to
perform additional services (including new diversion programs, additional pUblic
education activities, etc.), eliminate programs, or modify the manner in which it
performs existing services. Changes in the minimum diversion requirement set
forth in Article 6 of this Agreement, direction of Residential Waste, Commercial
Waste, City Waste or Recyclable Materials to a disposal or processing other than
that selected by the CONTRACTOR, pilot programs and innovative services,
which may entail new Collection methods, targeted routing, different kinds of
services, different types of Collection vehicles, and/or new requirements for
Service Recipients are included among the kinds of changes which CITY may
direct. CONTRACTOR shall be entitled to an adjustment in its compensation for
providing such additional or modified services but not for the preparation of its
proposal to perform such services.
27.03 Service Proposal. Within thirty (30) calendar days of receipt of a
request for a service change from the CITY, CONTRACTOR shall submit a
proposal to provide such service. At a minimum, the proposal shall contain a
complete description of the following:
27.03.1 Collection methodology to be employed
(equipment, manpower, etc.).
27.03.2 Equipment to be utilized (vehicle number, types,
capacity, age, etc.).
27.03.3
classification ).
27.03.4
27.03.5
Labor requirements (number of employees by
Type of carts or bins to be utilized.
Provision for program publicity, education, and
marketing.
27.03.6 Five (5) year projection of the financial results of
the program's operations in an operating statement format including
documentation of the key assumptions underlying the projections and the support
for those assumptions, giving full effect to the savings or costs to existing
services.
27.04 CONTRACTOR acknowledges and agrees that CITY may permit
other contractors or companies besides CONTRACTOR to provide additional
Collection Services and such other services not otherwise contemplated if
CONTRACTOR and CITY cannot agree on terms and conditions, including
compensation adjustments, of such services in one hundred twenty (120)
calendar days from the date when CITY first requests a proposal from
CONTRACTOR to perform such services.
27.05 Monitorinq and Evaluation. If the CITY requests, the
CONTRACTOR shall meet with the CITY to describe the progress of each new
program and other service issues. If applicable, CONTRACTOR shall document
Page 5 - 70 City of Dublin
-£lo'D'b \ \.C=:-'
Collection Service Agreement
2658 the results of the new programs on a monthly basis, including at a minimum the
2659 Tonnage diverted by material type, the end use or processor of the diverted
2660 materials and the cost per Ton for transporting and processing each type of
2661 material and other such information requested by the CONTRACTOR and/or
2662 CITY necessary to evaluate the performance of each program.
2663 27.05.1 At each meeting, the CITY and CONTRACTOR
2664 shall have the opportunity to discuss revisions to the program. The CITY shall
2665 have the right to terminate a program if, in its sole discretion, the CONTRACTOR
2666 is not cost effectively achieving the program's goals and objectives. Prior to such
2667 termination, the CITY shall meet and confer with the CONTRACTOR for a period
2668 of up to ninety (90) calendar days to resolve the CITY'S concerns. Thereafter,
2669 the CITY may utilize a third party to perform these services if the CITY
2670 reasonably believes the third party can improve on CONTRACTOR'S
2671 performance and/or cost. Notwithstanding these changes, CONTRACTOR shall
2672 continue the program during the ninety (90) day period and, thereafter, until the
2673 third party takes over the program.
2674 ARTICLE 28. Legal Representation
2675 28.01 Acknowledgement. It is acknowledged that each party was, or
2676 had the opportunity to be, represented by counsel in the preparation of and
2677 contributed equally to the terms and conditions of this Agreement and,
2678 accordingly, the rule that a contract or Agreement shall be interpreted strictly
2679 against the party preparing the same shall not apply herein due to the joint
2680 contributions of both parties.
2681 ARTICLE 29. Financial Interest
2682 29.01 Representation. CONTRACTOR warrants and represents that no
2683 elected official, officer, agent or employee of the CITY has a financial interest,
2684 directly or indirectly, in this Agreement the compensation to be paid under it and,
2685 further, that no CITY employee who acts in the CITY as a "purchasing agent" as
2686 defined in the appropriate Section of California Statutes, nor any elected or
2687 appointed officer of the CITY, nor any spouse or child of such purchasing agent,
2688 employee or elected or appointed officer, is a partner, officer, director or
2689 proprietor of the CONTRACTOR and, further, that no such CITY employee,
2690 purchasing agent, CITY elected or appointed officer, or the spouse or child of any
2691 of them, alone or in combination, has a material interest in the CONTRACTOR.
2692 Material interest means direct or indirect ownership of more than five percent
2693 (5%) of the total assets or capital stock of the CONTRACTOR.
2694 ARTICLE 30. Contractor's Personnel
2695 30.01 Personnel Reauirements. The CONTRACTOR shall employ and
2696 assign qualified personnel to perform all services set forth herein. The
2697 CONTRACTOR shall be responsible for ensuring that its employees comply with
¡:~f:~~~~>t)~Y04;'
....!¡l..ì.;~;...'. ~.'.'.'r3>' .~.~.}
p~ ~;- ' fit r.:1
\~, ~" ,lJ
(,~j:~.in)fJY·~~'
Page 5 - 71
Section 5
37"00 IL03
2698 all applicable laws and regulations and meet all federal, state and local
2699 requirements related to their employment and position.
2700 30.01.1 The CITY may request the transfer of any
2701 employee of the CONTRACTOR who materially violates any provision hereof, or
2702 who is wanton, negligent, or discourteous in the performance of his duties.
2703 30.01.2 CONTRACTOR'S field operations personnel shall
2704 be required to wear a clean uniform shirt bearing the CONTRACTOR'S name.
2705 CONTRACTOR'S employees, who normally come. into direct contact with the
2706 public, including drivers, shall bear some means of individual photographic
2707 identification such as a name tag or identification card.
2708 30.01.3 Each driver of a Collection vehicle shall at all times
2709 carry a valid California driver's license and all other required licenses for the type
2710 of vehicle that is being operated.
2711 30.01.4 Each driver of a Collection vehicle shall at all times
2712 comply with all applicable state and federal laws, regulations and requirements.
2713 30.01.5 CONTRACTOR'S employees, officers, and agents
2714 shall at no time be allowed to identify themselves or in any way represent
2715 themselves as being employees of the CITY.
2716 30.01.6 The CONTRACTOR'S name and the Customer
2717 Service telephone number shall be properly displayed on all Collection vehicles.
2718 ARTICLE 31. Exempt Waste
2719 31.01 The CONTRACTOR shall not be required to Collect or dispose of
2720 Exempt Waste, but may offer such services. All such Collection and disposal of
2721 Exempt Waste is not regulated under this Agreement, but if provided by the
2722 CONTRACTOR shall be in strict compliance with all federal, state and local laws
2723 and regulations.
2724 ARTICLE 32. Independent Contractor
2725 32.01 In the performance of services pursuant to this Agreement,
2726 CONTRACTOR shall be an independent contractor and not an officer, agent,
2727 servant or employee of CITY CONTRACTOR shall have exclusive control of the
2728 details of the services and work performed and over all persons performing such
2729 services and work. CONTRACTOR shall be solely responsible for the acts and
2730 omissions of its officers, agents, employees, contractors and subcontractors, if
2731 any. Neither CONTRACTOR nor its officers, employees, agents, contractors or
2732 subcontractors shall obtain any right to retirement benefits, Workers
2733 Compensation benefits, or any other benefits which accrued to CITY employees
2734 and CONTRACTOR expressly waives any claim it may have or acquire to such
2735 benefits.
Page 5 - 72 City of Dublin
LJO
LX) ö)._, \ \.63
Collection Service Agreemen~
2736 ARTICLE 33. Laws to Govern
2737 33.01 The law .of the State of California shall govern the rights,
2738 obligations, duties and liabilities of CITY and CONTRACTOR under this
2739 Agreement and shall govern the interpretation of this Agreement.
2740 ARTICLE 34. Consent to Jurisdiction
2741 34.01 The parties agree that any litigation between CITY and
2742 CONTRACTOR concerning or arising out of this Agreement shall be filed and
2743 maintained exclusively in the Municipal or Superior Courts of Alameda County,
2744 State of California, or in the United States District Court for the Northern District
2745 of California to the fullest extent permissible by law. Each party consents to
2746 service of process in any manner authorized by California law.
2747 ARTICLE 35. Assignment
2748 35.01 No assignment of this Agreement or any right occurring under this
2749 Agreement shall be made in whole or in part by the CONTRACTOR without the
2750 express written consent of the CITY. The CITY shall have full discretion to
2751 approve or deny, with or without cause, any proposed or actual assignment by
2752 the CONTRACTOR. Any assignment of this Agreement made by the
2753 CONTRACTOR without the express written consent of the CITY shall be null and
2754 void and shall be grounds for the CITY to declare a default of this Agreement and
2755 immediately terminate this Agreement by giving written notice to the
2756 CONTRACTOR, and upon the date of such notice this Agreement shall be
2757 deemed immediately terminated, and upon such termination all liability of the
2758 CITY under this Agreement to the CONTRACTOR shall cease, and the CITY
2759 shall have the right to call the performance bond and shall be free to negotiate
2760 with other contractors, the CONTRACTOR, or any other person or company for
2761 the service which is the subject of this Agreement. In the event of any
2762 assignment, the assignee shall fully assume all the liabilities of the
2763 CONTRACTOR.
2764 35.02 The use of a subcontractor to perform services under this
2765 Agreement shall not constitute delegation of CONTRACTOR'S duties provided
2766 that CONTRACTOR has received prior written authorization from the City
2767 Representative to subcontract such services and the City Representative has
2768 approved a subcontractor who will perform such services. CONTRACTOR shall
2769 be responsible for directing the work of CONTRACTOR'S subcontractors and
2770 any compensation due or payable to CONTRACTOR'S subcontractor shall be
2771 the sole responsibility of CONTRACTOR. The City Representative shall have the
2772 right to require the removal of any approved subcontractor for reasonable cause.
2773 The subcontractors listed in Exhibit 5, which is attached to and incorporated in
2774 this Agreement, are hereby approved by the CITY.
/i~..;')~j[?&,_\
,.illÌ;~"~~""\\
rr ~;_ ' ., ).~'1
'~,'~,!J
\1.i!i~)f,~~)-
Page 5 - 73
Section 5
ßC1 ûb \ \.Ð::
2775
ARTICLE 36. Compliance with Laws
2776 36.01 In the performance of this Agreement, CONTRACTOR shall
2777 comply with all applicable laws, regulations, ordinances and codes of the federal,
2778 state and local governments, including without limitation the Municipal Code of
2779 the City of Dublin.
2780 36.02 CITY shall provide written notice to CONTRACTOR of any
2781 planned amendment to Chapter 5.32 of the Dublin Municipal Code that would
2782 substantially affect the performance of CONTRACTOR'S services pursuant to
2783 this Agreement. Such notice shall be provided at least thirty (30) calendar days
2784 prior to the City Council's approval of such an amendment.
2785 ARTICLE 37. Permits and Licenses
2786 37.01 CONTRACTOR shall obtain, at its own expense, all permits and
2787 licenses required by law or ordinance and maintain same in full force and effect
2788 throughout the term of this Agreement. CONTRACTOR shall provide proof of
2789 such permits, licenses or approvals and shall demonstrate compliance with the
2790 terms and conditions of such permits, licenses and approvals upon the request of
2791 the City Representative.
2792 ARTICLE 38. Ownership of Written Materials
2793 38.01 All reports, documents, brochures, public education materials, and
2794 other written, printed, electronic or photographic materials developed by CITY or
2795 CONTRACTOR in connection with the services to be performed under this
2796 Agreement, whether developed directly or indirectly by CITY or CONTRACTOR
2797 shall be and shall remain the property of CITY without limitation or restrictions on
2798 the use of such materials by CITY. CONTRACTOR shall not use such materials
2799 in connection with any project not connected with this Agreement without the
2800 prior written consent of the City Representative. This Article 38 does not apply to
2801 ideas or concepts described in such materials and does not apply to the format of
2802 such materials.
2803 ARTICLE 39. Waiver
2804 39.01 Waiver by CITY or CONTRACTOR of any breach for violation of
2805 any term covenant or condition of this Agreement shall not be deemed to be a
2806 waiver of any other term, covenant or condition or any subsequent breach or
2807 violation of the same or of any other term, covenant or condition. The
2808 subsequent acceptance by CITY of any fee, tax, or any other monies which may
2809 become due from CONTRACTOR to CITY shall not be deemed to be a waiver by
2810 CITY of any breach for violation of any term, covenant or condition of this
2811 Agreement.
Page 5 - 74 City of Dublin
00'1"')'>,...... \10'·;;'
1 ....··<G¡ ".-'
Collection Service Agreement
2812 ARTICLE 40. Prohibition Against Gifts
2813 40.01 CONTRACTOR represents that CONTRACTOR is familiar with
2814 CITY'S prohibition against the acceptance of any gift by a CITY officer or
2815 designated employee. CONTRACTOR shall not offer any CITY officer or
2816 designated employee any gifts prohibited by the CITY.
2817 ARTICLE 41. Point of Contact
2818 41.01 The day-to-day dealings between the CONTRACTOR and the
2819 CITY shall be between the CONTRACTOR and the City Representative.
2820 ARTICLE 42. Notices
2821 42.01 Except as provided herein, whenever either party desires to give
2822 notice to the other, it must be given by written notice addressed to the party for
2823 whom it is intended, at the place last specified and to the place for giving of
2824 notice in compliance with the provisions of this paragraph. For the present, the
2825 parties designate the following as the respective persons and places for giving of
2826 notice:
2827 As to the CITY:
2828 Jason A. Behrmann
2829 Senior Administrative Analyst
2830 100 Civic Plaza
2831 Dublin, CA 94568
2832 Telephone: (925) 833-6650
2833 Fax: (925) 833-6651
2834 E-Mail jason.behrmann@ci.dublin.ca.us
2835
2836
2837 As to the CONTRACTOR: (to be completed...)
2838 42.02 Notices shall be effective when received at the address as
2839 specified above. Changes in the respective address to which such notice is to be
2840 directed may be made by written notice. Facsimile transmission is acceptable
2841 notice, effective when received, however, facsimile transmissions received (i.e.
2842 printed) after 4:30 p.m. or on weekends or holidays, will be deemed received on
2843 the next business day. The original of items that are transmitted by facsimile
2844 equipment must also be mailed as required herein.
2845 42.03 Notice by CITY to CONTRACTOR of a Collection or other Service
2846 Recipient problem or complaint may be given to CONTRACTOR orally by
2847 telephone at CONTRACTOR'S local office with confirmation sent as required
2848 above by the end of the Work Day.
Page 5 - 75
Section 5
qlDb Ilc3
2849 ARTICLE 43. Transition to Next Contractor
2850 43.01 In the event CONTRACTOR is not awarded an Agreement to
2851 continue to provide Collection Services following the expiration or early
2852 termination of this Agreement, CONTRACTOR shall cooperate fully with CITY
2853 and any subsequent contractors to assure a smooth transition of services
2854 described in this Agreement. Such cooperation shall include but not be limited to
2855 transfer of computer data, files and tapes; providing routing information, route
2856 maps, vehicle fleet information, and list of Service Recipients; providing a
2857 complete inventory of all carts and bins; providing adequate labor and equipment
2858 to complete performance of all Collection Services required under this
2859 Agreement; taking all actions necessary to transfer ownership of carts and bins,
2860 as appropriate, to CITY; including transporting such containers to a location'
2861 designated by the City Representative; coordinating Collection of materials set
2862 out in new containers if new containers are provided for a subsequent Agreement
2863 and providing other reports and data required by this Agreement.
2864 ARTICLE 44. Contractor's Records
2865 44.01 CONTRACTOR shall maintain any and all letters, books of
2866 account, invoices, vouchers, canceled checks, and other records or documents
2867 evidencing or relating to charges for services or expenditures and disbursements
2868 charged to Service Recipients for a minimum period of five (5) years, or for any
2869 longer period required by law, from the date of final payment to CONTRACTOR
2870 pursuant to this Agreement.
2871 44.02 CONTRACTOR shall maintain all documents and records which
2872 demonstrate performance under this Agreement for a minimum period of five (5)
2873 years, or for any longer period required by law, from the date of termination or
2874 completion of this Agreement.
2875 44.03 Any records or documents required to be maintained pursuant to
2876 this Agreement shall be made available for inspection or audit, at any time during
2877 regular business hours, upon written request by the City Representative, the City
2878 Attorney, City Auditor, City Manager, or a designated representative of any of
2879 these officers. Copies of such documents shall be provided to CITY for
2880 inspection at the CITY offices when it is practical to do so. Otherwise, unless an
2881 alternative site is mutually agreed upon, the records shall be available at
2882 CONTRACTOR'S address indicated for receipt of notices in this Agreement.
2883 44.04 Where CITY has reason to believe that such records or
2884 documents may be lost or discarded due to the dissolution, disbandment or
2885 termination of CONTRACTOR'S business, CITY may, by written request or
2886 demand of any of the above named officers, require that custody of the records
2887 be given to CITY and that the records and documents be maintained in City Hall.
2888 Access to such records and documents shall be granted to any party authorized
2889 by CONTRACTOR, CONTRACTOR'S representatives, or CONTRACTOR'S
2890 successor-in-interest.
Page 5 - 76 City of Dublin
q-z..Ub \l.Q3
Collection Service Agreement
2891 ARTICLE 45. Entire Agreement
2892 45.01 This Agreement and the Exhibits attached hereto constitute the
2893 entire Agreement and understanding between the parties hereto, and it shall not
2894 be considered modified, altered, changed or amended in any respect unless in
2895 writing and signed by the parties hereto.
2896 ARTICLE 46. Severability
2897 46.01 If any provision of this Agreement or the application of it to any
2898 person or situation shall to any extent be held invalid or unenforceable, the
2899 remainder of this Agreement and the application of such provisions to persons or
2900 situations other than those as to which it shall have been held invalid or
2901 unenforceable, shall not be affected, shall continue in full force and effect, and
2902 shall be enforced to the fullest extent permitted by law.
2903 ARTICLE 47. Right to Require Performance
2904 47.01 The failure of the CITY at any time to require performance by the
2905 CONTRACTOR of any provision hereof shall in no way affect the right of the
2906 CITY thereafter to enforce same. Nor shall waiver by the CITY of any breach of
2907 any provision hereof be taken or held to be a waiver of any succeeding breach of
2908 such provision or as a waiver of any provision itself.
2909 ARTICLE 48. All Prior Agreements Superseded
2910 48.01 This document incorporates and includes all prior negotiations,
2911 'correspondence, conversations, Agreements, contracts and understandings
2912 applicable to the matters contained in this Agreement and the parties agree that
2913 there are no commitments, Agreements, contracts or understandings concerning
2914 the sUbject matter of this Agreement that are not contained in this document.
2915 Accordingly, it is agreed that no deviation from the terms of this Agreement shall
2916 be predicated upon any prior representations, Agreements or contracts, whether
2917 oral or written.
2918 ARTICLE 49. Headings
2919 49.01 Headings in this document are for convenience of reference only
2920 and are not to be considered in any interpretation of this Agreement.
2921 ARTICLE 50. Exhibits
2922 50.01 Each Exhibit referred to in this Agreement forms an essential part
2923 of this Agreement. Each such Exhibit is a part of this Agreement and each is
2924 incorporated by this reference.
<~:»~'::,/.Ÿ»>
:.'~"Y
..'.(¡¡~IÌJ!..I~..,\\"
!,,:~~).,:,~.
~,..~":l$;
, ~,¡:~/)n, :)'~::~..:.\'
Page 5 - 77
Section 5
q~oo \lQ~
2925 ARTICLE 51. Effective Date
2926 51.01 This Agreement shall become effective at such time as it is
2927 properly executed by the CITY and the CONTRACTOR and the CONTRACTOR
2928 shall begin Collection Services, as covered herein, as of July 1 2005.
2929 IN WITNESS WHEREOF, the CITY and the CONTRACTOR have
2930 executed this Agreement on the respective date(s) below each signature.
2931
Page 5 . 78 City of Dublin
qlfCV1lo3
Collection Service Agreement
2931 CITY OF DUBLIN
2932 A Municipal Corporation
2933 By:
2934 Name
2935 Title:
2936
2937 ATTEST:
2938
2939 APPROVED AS TO FORM
2940 City Attorney
2941
2942 By:
2943
2944
2945
2946
CONTRACTOR
By:
Title: Chairman of the Board,
President, Vice President
By:
Name
Title: Secretary, Assistant Secretary,
Financial Officer, Asst. Treasurer
!<\)(J.jt~~, ,
")';,Q.,:'~~'
!Ùì.!~1 .,.~~¡í$~.' . \~\.î\.
;'~: :",,',- -fII ,'.~
'~"'~' lIJ
~1/,;U )~~>~~
Page 5 - 79
2946
q~ O,,~~, \ L03
Section 5
EXHIBITS
Page 5 - 80 City of Dublin
2947
2948
2949
2950
2951
q LQ D:-; \ \J)3
Collection Service Agreement
Exhibit 1
City of Dublin, CA
COMPENSATION AND RATES
CONTRACTOR Compensation
Agreement Year 1
1. Collection Compensation Element $
2. Disposal Compensation Tonnage Tons
3. Disposal Tipping Fee $
4. Disposal Compensation Element $
5. Container Compensation Element $
6. Fee Compensation Element $
7. Total $
To be completed based on CONTRACTOR'S proposal
/.~~<'~¿t):s~*:þ~
ii,ì! , ,¡II;"
:n! ;'tj <\~
,,,, "",/ll
~1(Ù~f~::>\
Page 5 - 81
q-, o'b \lD:,
Section 5
2951 Exhibit 1 (Cont)
2952 City of Dublin, CA
2953 COMPENSATION AND RATES
2954 Service Rates (to be completed by CITY)
2955 RESIDENTIAL RATES
2956 Minimum SFD Collection Service Rate: Applies separately to each single
2957 family unit as well as each unit within a duplex or other attached housing, which
2958 receives individual SFD Collection Service. The rate applies to the Minimum
2959 SFD Collection Service level set forth in Section 4.01.1 of the Agreement. All
2960 containers are provided by the CONTRACTOR.
2961 Minimum SFD Collection Service Monthly Rate: $ 0.00
2962 Additional Capacity: Residents may select a larger Garbage Cart for an
2963 additional fee which is shown below:
2964 64 Gallon Garbage Cart: Additional Monthly Rate $ 0.00 Total Monthly Rate $ 0.00
2965 96 Gallon Garbage Cart: Additional Monthly Rate $ 0.00 Total Monthly Rate $ 0.00
2966 Special Residential Services
2967 Additional Large Item Collection Service: $ 00.00 per cubic yard
2968 COMMERCIAL AND MULTI-FAMILY BIN SERVICES (FRONT-END LOADER)
2969 Commercial Cart Service: Offered at locations unable to accommodate a
2970 commercial bin or with volumes deemed insufficient to utilize a commercial bin.
2971 Monthly rate includes Cart rental and once per week collection and disposal.
2972 35 Gallon Cart: $ 0.00 64 Gallon Cart: $ 0.00. 96 Gallon Cart: $ 0.00
2973
Page 5 - 82 City of Dublin
()~r'ï~ \ ""
'4- 0 LD__
Collection Service Agreement
2973 Exhibit 1 (Cont)
2974 City of Dublin, CA
2975 COMPENSATION AND RATES
2976 Service Rates (to be completed by CITY)
2977 BIN SERVICE RATES
2978 Rates shown on the following page are monthly rates based upon bin size and
2979 frequency of service. Rates include collection, disposal, and bin rental.
Cu Yds Frequency Base Rate Cu Yds Frequency Base Rate
1 1 $ 00.00 4 1 $ 00.00
1 2 $ 00.00 4 2 $ 00.00
1 3 $ 00.00 4 3 $ 00.00
1 4 $ 00.00 4 4 $ 00.00
1 5 $ 00.00 4 5 $ 00.00
1 6 $ 00.00 4 6 $ 00.00
2 1 $ 00.00 6 1 $ 00.00
2 2 $ 00.00 6 2 $ 00.00
2 3 $ 00.00 6 3 $ 00.00
2 4 $ 00.00 6 4 $ 00.00
2 5 $ 00.00 6 5 $ 00.00
2 6 $ 00.00 6 6 $ 00.00
3 1 $ 00.00 7 1 $ 00.00
3 2 $ 00.00 7 2 $ 00.00
3 3 $ 00.00 7 3 $ 00.00
3 4 $ 00.00 7 4 $ 00.00
3 5 $ 00.00 7 5 $ 00.00
3 6 $ 00.00 7 6 $ 00.00
2980
2981 Push Rate: Added to monthly base rate. S 00.00
2982 Lock & Key Rate: Added to base rate. S 00.00
2983 Excess Rate: For waste which exceeds water level: S 00.00 per cubic yard
2984 Additional Rates:
2985 Excess Cart Exchange Rate: S 00.00
2986 Excess Bin Exchange Rate: S 00.00
2987 Excess Bin Cleaning Fee: S 00.00
2988
Page 5 - 83
Section 5
2989 Exhibit 1 (Cant)
2990 City of Dublin, CA
2991 COMPENSATION AND RATES
2992 Service Rates (to be completed by CITY)
2993
2994 Commercial Organic Collection Service: Rates for Commercial Organic
2995 Service shall be billed by container size at the rate of seventy-five percent (75%)
2996 the stated rate above for loose garbage. There shall be no additional charge for
2997 the use of indoor containers provided by the Contractor.
2998 Small Compactor Service: Rates for small compactors serviced as a
2999 commercial account on a regular route shall be billed by container size at the rate
3000 of two times the stated rate above for loose garbage.
3001 Handy Hauler - One-time placement and collection of a 4 cubic yard bin,
3002 including one week container rental filled no higher than water level: $ 00.00
3003 Additional Bin Rental Per Week: $ 00.00 per week
3004 Additional Dump: $ 00.00 I pick-up
3005
3006 ROLL-OFF CONTAINER I COMPACTOR RATES
3007 Cost shown is on a per pick-up basis and is based upon the load not exceeding
3008 water level (Excess is charged the same rate). Additional miscellaneous charges
3009 may also apply.
3010 Rate Per Cubic Yard:
3011
$ 00.00
$ 00.00
Non-Compacted:
Compacted:
3012
3013
3014
3015
3016
MISCELLANEOUS ROLL-OFF CONTAINER CHARGES
Relocation of Container
Weekly Rental after 181 Week
Cancel Auto Pick-up w/o Notice
$ 00.00 per request
$ 00.00 per week
$ 00.00
3017 HHW CLEANUP EVENT
3018 Rate per Ton over the first 20 Tons $ 00.00 per additional ton
3019
3020
Page 5 - 84 City of Dublin
no~· I;;'"
'-" .., \"/ b 11.0..,/
3020
3021
3022
3023
3024
3025
3026
Labor Position
Equipment Type
IOO~\ \v;~,
'''-'"'
Collection Service Agreement
Exhibit 1 (Cont)
City of Dublin, CA
COMPENSATION AND RATES
EMERGENCY SERVICE RATES
EMERGENCY SERVICE RATES - EMPLOYEES
Page
of
Pages
Hourly Rate
EMERGENCY SERVICE RATES - EQUIPMENT
Page
of
Pages
Make & Model
Hourly Rate
To be completed based on CONTRACTORS proposal.
Page 5 - 85
3026
\O\DbILD';)
Section 5
Page 5 - 86 City of Dublin
3026
\ oz... ûo IlP"5
Collection Service Agreement
Page 5 - 87
Section 5
\ 03 r:rol LD3
3026 Exhibit 2 (Cant)
3027 City of Dublin, CA
3028 Compensation Adjustment
3029 RRI Financial Statement Format
3030 Operatinç¡ Costs
3031 Labor:
3032
3033
3034
3035 Fuel:
List all administrative, officer, operation and maintenance salary
accounts.
List payroll tax accounts directly related to the above salary
accounts.
List all fuel and oil accounts.
3036 Vehicle Replacement:
3037 List all Collection and Collection related vehicle depreciation
3038 accounts.
3039 List all vehicle lease or rental accounts related to Collection or
3040 Collection related vehicles.
3041 Vehicle Maintenance:
3042 List all Collection or Collection related vehicle parts accounts.
3043 All Other:
3044
3045
3046
3047
3048
3049
3050
3051
3052
3053
List all other expense accounts related to the services provided
under this Agreement. This category includes all insurance
including general liability, fire, truck damage, extended coverage
and employee group medical and life; rent on property, truck
licenses and permits; real and personal property taxes;
telephone and other utilities; employee uniforms; safety
equipment; general yard repairs and maintenance; office
supplies; postage; trade association dues and subscription;
advertising; employee retirement or profit sharing contributions;
and miscellaneous other expenses.
Page 5 - 88 City of Dublin
3054
\O~ 0b 1lt'3
Collection Service Agreement
Exhibit 2
City of Dublin, CA
Monthly Diversion Report Format
Solid Waste Collection Service January %
Residential
Commercial
City
Roll-off
Total Collected
Disposed
Diverted
SFD Recycling Service January %
List Material Tvpe
Total Collected
Disposed
Diverted
MFD Recycling Service January %
List Material Type
Total Collected .'
Disposed .'
Diverted
City Recycllng$ervic'e January %
List M¡\\terlal Type
TotalCollectéd .
Disposèd
Diverted
Commercial Recyclh'1!lService January %
List Material Type
TotalCollected
Disposed
Dlvlilrtéd
Organic Waste CollectIon Service January %
RliIsldentlal .....
Commercial
T otalCollected
Disposed
Diverted
Used Oil Collection Service January %
Total Collected
Disposed
Diverted
Large Item Collection Service January %
Green Waste
Wood Waste
E-Waste
White Goods
Brown Goods
List other materials
Total Collected
Disposed
Dlv.erted
January %
lotal
Disposed
%
Diverted
ufD
Note 1. List aU diverted materials by material type and facility, recycler or reuser where
material was diverted.
/.,,~-(·:';~~N!~;:1,,~
i.I..'.ì....,'~'....'..~.....I...~....\.'.).\\'
/\ ':':ë'!_. ¡!/:",;;,:;
'~.\. .. .' //1
. '\'(t~)!:;::i;N0,~
Page 5 - 89
\os- DO \\j)~
Section 5
3055
Exhibit 2 (Cant)
Exhibit 2
City of Dublin, CA
COMPENSATION ADJUSTMENT MODEL
Fee Compensation Element Example
3056
3057
3058
Page 5 - 90 City of Dublin
3058
3059
3060
3061
3062
3063
3064
\O\.Q 't')b \ u-3
Collection Service Agreement
Exhibit 2 (Cont)
City of Dublin, CA
Compensation Adjustment Model
Collection Service Events
Monthly Cart Collection Service Events
Service
SFD
MFD
35 Gallon Garbage Cart
Weekly
35 Gallon Garbage Cart
Twice Weekly
64 Gallon Garbage Cart
96 Gallon Garbage Cart
Commercial
Page 5 - 91
\,0-' Db' lD 3
Section 5
3064 Exhibit 2 (Cant)
3065 City of Dublin, CA
3066 Compensation Adjustment Model
3067 Collection Service Events
Monthly Bin Collection Service Events
Cu Yds Frequency Garbage Organic Cu Yds Frequency Garbage Organic
1 1 4 1
1 2 4 2
1 3 4 3
1 4 4 4
1 5 4 5
1 6 4 6
2 1 6 1
2 2 6 2
2 3 6 3
2 4 6 4
2 5 6 5
2 6 6 6
3 1 7 1
3 2 7 2
3 3 7 3
3 4 7 4
3 5 7 5
3 6 7 6
Monthly Compactor Collection Events
Cu Yds Frequency Garbage Cu Yds Frequency Garbage
3 1 4 1
3 2 4 2
3 3 4 3
3068
3069
Page 5 - 92 City of Dublin
3069
3070
3071
3072
3073
3074
Io'¿ :::>Q \ l.Q ':)
Collection Service Agreement
Exhibit 2 (Cant)
C.ity of Dublin, CA
Compensation Adjustment Model
Collection Service Events
Individual Collection Service Events
Roll-off Containers Size SFD MFD
6 Cu Yds
14 Cu Yds
20 Cu.Yds
25 Cu Yds
30 Cu Yds
40 Cu Yds
50 Cu Yds
Commercial
Size
20 Cu Yds
25 Cu Yds
30 Cu Yds
40 Cu Yds
Service
Additional Lar e Items
Push Service
Lock & Ke Service
Excess Waste Service
Excess Cart Exchan e
Excess Bin Exchan e
Excess Bin Cleanin
Roll-off Container Relocation
Hand Hauler Extra Week Rental
Roll-off Extra Week. Rental
SFD
MFD
1 Cu Yd
Commercial
Page 5 - 93
Section 5
3074 Exhibit 3
3075 City of Dublin, CA
3076 City Service Units
3077 Additional data will be provided at pre-proposal conference
3078
3079
Address
11600 Shannon Ave
6600 Donlon Wa
100 Civic Plaza
5600 Scarlett Ct.
100 Civic Plaza
Central Pr & Killian St
8157 Villa e Parkwa
200 Civic Plaza
7494 Donohue Dr.
6200 Madi an Rd.
4800 Fallon Rd.
arba e
1-4 d 2xwk MIW
1-4 d 1xwk M
1-4 d 2xwk MlH
1-4 d 2xwk T/F
1-6 d 1xwk W
1-3 d 2xwk MIW
1-4 d 1xwk W
1-2 d 2xwk MlH
1-3 d 1xwk T
1-2 d 1xwk T
1-2 d 1xwk H
Page 5 - 94 City of Dublin
\oC\ ~ \lD~
none
2- d OCC 1xwk W & 6-96 al carts SSRC 1xwk F
1-96 al cart SSRC 1xwk W
none
1-30 d Green Waste 1 x wk W
1-96 al cart SSRC 1xwk W
1-1 d OCC & 3-96 al carts SSRC 1 xwk F
2-96 al carts SSRC 1 xwk W
2-96 al carts SSRC 1xwk W
2-96 al carts SSRC 1 xwk W
3080
3081
3082
3083
3084
\ \0 0'0 \ lO-S
Collection Service Agreement
Exhibit 4
City of Dublin, CA
Collection Service Performance Bond
To be inserted after Agreement Award
..<:<,\ ;.rJ:!(:¿¿:~".
,it.;.:~; ,@~. .'1~;\.\
,'" ~.- -~ ),,,
'.~."", \Ÿ.J/j!
\, (~/,i j:;:)~>:Y\'"
Page 5 - 95
3085
3086
3087
3088
3089
3090
3091
Section 5
II \ CD \laS
Exhibit 5
City of Dublin, CA
Approved Subcontractors
To be completed based on CONTRACTORS proposal
Page 5 - 96 City of Dublin
\ \7- 0h ¡La:::)
."~
Collection Service Agreement
3091 Exhibit 6
3092 City of Dublin, CA
3093 City Sponsored Events
3094 Day on the Glen
3095 Portable Restroom Requirements
3096 10 - Single skid toilets
3097 1 - VIP portable restroom trailer
3098 3 - Handicap toilets
3099 2 - 2-person hand wash systems
3100 1 -50 gallon holding tank
3101 Container Requirements
3102 [To be completed by City]
3103
3104 St. Patrick's Day Portable Restroom Requirements
3105 24 -Standard toilets
3106 1 - Double VIP portable restroom trailer
3107 7 - Handicap toilets
3108 7 - 2-person hand wash systems
3109 1 - 250 gallon holding tank
3110 Container Requirements
3111 [To be completed by City]
3112
Page 5 - 97