CC - Item 8A - Draft Request for Proposal Document to Provide Solid Waste/Recycling ServicesTO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: OCTOBER 11, 2011
SUBJECT: DRAFT REQUEST FOR PROPOSAL DOCUMENT TO PROVIDE SOLID
WASTE /RECYCLING SERVICES
SUMMARY
On July 26, 2011, the City Council directed staff to develop specifications for solid
waste /recycling services and go through a Request for Proposal (RFP) process for a
new solid waste /recycling services agreement. The City's current agreement for solid
waste /recycling collection services will expire on August 1, 2013. The scope of work
includes providing solid waste and recycling services for all residential and commercial
properties in the City.
Staff Recommendation
It is recommended that the City Council review and provide input on the draft solid
waste /recycling services RFP document and direct staff to prepare a finalized document
for consideration on October 25. 2011.
BACKGROUND /DISCUSSION
For many years Rosemead's solid waste /recycling collection services have been
provided by Consolidated Disposal Services (CDS), a subsidiary of Republic Services,
Inc. The current agreement with CDS expires on August 1, 2013. The scope of work in
the proposed Request for Proposal (RFP) includes solid waste /recycling services
citywide (all residential, commercial, multi - family, and temporary bin /box services). A
collection schedule map is included with the RFP to better acclimate bidders with the
City's layout and existing collection schedule.
To ensure that a high standard of service is maintained, specifications for solid
waste /recycling collection services are detailed in the proposed RFP and draft
agreement. Terms included in the RFP and draft agreement include several provisions
covering the contract term, reporting requirements, franchise fees, rate adjustment
criteria, and defined service levels (solid waste container sizes /colors, collection
days /times, disposal sites, recycling levels, customer service standards, insurance
levels, equipment requirements).
APPROVED FOR CITY COUNCIL AGENDA: ff EM NO.
City Council Meeting
October 11, 2011
Page 2 of 6
A brief summary of these items is summarized below for further review, including:
• Term /Franchise Fee: Selected contractor will provide rate proposals for a 10-
year term. Such proposals will be reviewed by the City's evaluation panel and a
recommendation will be developed for the City Council.
Agreement will run from August 1, 2013 through July 31, 2023 (10 years)
Franchise fees will be collected as follows:
• 2011:$800,000
• 2012: $800,000
• 2013 -2023: 10% of Annual Gross Receipts (Minimum of $500,000
annually)
Upon execution of the contract, the selected contractor will make a one lump
sum payment of $1.6 Million. Such payment will be made in recognition of
missed franchise fees not realized by the City in 2011 or 2012 by not extending
its existing solid waste collection agreement. Franchise fees will serve to
reimburse the City for time spent managing this contract, ensuring compliance
with State /Local recycling laws, completing projects to deal with NPDES /water
quality laws, and solid waste vehicle impacts to City roads.
As a condition of the RFP, franchise fees will not be added to customer billing
statements or passed on to Rosemead residents /businesses.
• Collection Levels: Selected contractor will collect refuse materials from each
residence in Rosemead on a weekly basis. Should a collection be missed, the
selected contractor must collect materials by the end of the following day.
Commercial /Industrial collection will continue to be collected as regularly
scheduled with customers.
• Collection Times: Selected contractor will perform collection services between
7:00 A.M. and 6:30 P.M. Monday through Friday. The existing collection
schedule shall not be modified without City approval.
• Additional Collection Services: Selected contractor will continue to provide
bulky item pickup up to twenty -five (25) times per year for each single family
residence and four (4) times per year for each multi - family residence with a limit
of five items per request. Selected contractor shall also provide curbside
collection of Christmas trees during the first two weeks after Christmas Day.
Selected contractor will provide a bulky item collection "rover" service with a
flatbed truck to collect bulk items 5 days per week. Schedule and route will be
City Council Meeting
October 11, 2011
Page 3 of 6
directed by the City and take place during business hours, 6:00 AM to Noon each
business day.
• Reports: Selected contractor will submit a monthly report to the City, detailing
all tonnage collected in Rosemead for both trash and recyclable materials.
Selected contractor will also provide a bi- annual customer service report to the
City.
• City Facilities Collection: Selected contractor will continue to provide collection
for City facilities, special events and cleanup activities at no cost to the City.
Other locations for such service include all bus /transit stops, the Chamber of
Commerce and Savannah Cemetery.
• Disabled /Senior Resident Discount: Selected contractor will provide a 20%
discount in accordance with City requirements (based on HUD - approved low -
moderate income levels established annually).
• Off- Street/Backyard Service: Selected contractor will provide pull out collection
services to any resident requesting them, for an additional service fee. Low -
income senior /disabled residents will be eligible to receive a 20% discount off of
such services in accordance with above City requirements.
• Billing: Selected contractor will continue to be responsible for customer billing
and will provide a 30 -day grace period prior to penalties /late fees being
assessed. Bills will continue to be sent on a quarterly basis in advance for 3
months of service (Example: January invoice will represent service fees for
January, February, and March).
• Audit Requirements: Selected contractor will allow the City to perform an
annual audit/review of accounts and gross receipts of Rosemead accounts by a
City- designated reviewer. All costs will be borne by the selected contractor.
• Recycling Requirement: Selected contractor will meet a recycling requirement
of 55% as required by the City. Agreement will include a provision that recycling
levels will continue to meet State - mandated recycling levels should they be
increased. Selected contractor will also be responsible for implementing a food
waste diversion program and accounting for diversion of green waste materials.
• Fully Automated Alternative Fueled Vehicles: Selected contractor will utilize
only alternative fueled, fully automated collection vehicles to perform collection
services (in compliance with AQMD Rule 1193), with the exception of bulky item
collections starting August 1, 2013.
City Council Meeting
October 11, 2011
Page 4 of 6
• Vehicle Maintenance Records: Selected contractor will submit a quarterly
report to the City, detailing all California Highway Patrol "BIT" inspection and
citation records for vehicles used in refuse collection services.
• Work Deficiencies: Should defined service levels not be met, the City will notify
the selected contractor in writing. Upon first notification, the City will issue a
written warning notifying the selected contractor of the deficient performance.
Should subsequent violations occur the selected contractor could be subject to
fines of $250 per incidence and $250 per day that the violation is not corrected.
If violations continue to occur, the contract may be suspended or terminated.
• Annual Consumer Price Index Adjustment: Selected contractor shall be able
to apply to the City for annual rate increases. Subsequent to the first year of the
contract term, the contract amount shall be adjusted based on the following
formula:
The annual rate adjustment will be based on a factor of 70% of the change in the
Consumer Price Index (CPI) and 30% of the change in disposal /tipping fees.
Disposal /tipping fees shall be based on the average municipal disposal fees
charged at landfills within a fifty (50) mile radius of the City of Rosemead.
The CPI portion of the formula shall be based on the All Urban Customers, Los
Angeles, Riverside, Orange County index, for the previous 12 -Month Percent
Change ending in May. (For instance, an August 1, 2014 fee increase would be
based on the percentage change in CPI and calculated as follows: the
numerator is the difference between the CPI index in May 2014 less the CPI
index in May 2013 and the denominator is the CPI index in May 2013).
The disposal /tipping portion of the formula shall be based on increases to only
the disposal portion of materials taken to the landfill. The City reserves the right
to audit the contractors' request including review /verification of landfill /diversion
records and tonnage reports and make a final determination on the amount of
increase.
Total annual rate increases shall be subject to a five percent (5 %) maximum
increase per year.
• Indemnification of Waste Stream Diversion Mandates: The agreement will
include language whereby the City will be fully indemnified from additional
diversion requirements enacted by the State legislature.
• Evaluation Criteria: Proposals will be evaluated on the basis of the response to
all provisions included in the RFP. The City will use a list of established criteria
to review each proposal including operational safety standards, outstanding
City Council Meeting
October 11, 2011
Page 5 of 6
litigation against a company, understanding of the scope of work, experience
providing services in other communities, personnel assigned to work in the City,
equipment to be used, financial stability of a company, references, transition
procedures (if applicable), schedules, costs, and franchise fees payable to the
City, among others.
Recommendation
City staff recommends that the City Council approve the attached RFP for solid
waste /recycling collection services. Upon approval of the RFP, staff will proceed with
the RFP process according to the following timeline:
Mailing of RFP:
October 31, 2011
Mandatory Pre -Bid Meeting: November 9, 2011 at 10:00 AM
Public Services Facility (Garvey Park)
7933 Emerson Place
Rosemead, CA 91770
Question /Answer Deadline: November 16, 2011 12:00 PM
(Questions must be submitted in writing
via email or letter)
Question Responses/ November 23, 2011
Addendum Issuance: (if needed)
Proposals due to the City: December 14, 2011, before 10:30 AM
Due at the City Clerk's Office
City Council Contract Award: January/February 2012
ENVIRONMENTAL REVIEW
This project does not require environmental review.
PUBLIC NOTICE
This agenda item has been noticed through the regular agenda notification process. In
addition, notice has been provided via the City's website, E -Alert system, and through
the distribution of notification flyers at public facilities and the Chamber of Commerce
office.
City Council Meeting
October 11, 2011
Page 6 of 6
Prepared by:
Chris Marcarello
Public Works Director
Prepared by:
Matt H kesw rth
Assistant City Manager
Attachments
Attachment 1: Request for Proposal — Solid Waste /Recycling Services
Attachment 2: Contractor's List
Attachment 3: Draft Agreement
RFP No. 2011 -01
Submittal Deadline: December 14, 2011, Before 10:30 AM
PLEASE NOTE:'` MANDATORY PRE -BID MEETING
Request For Proposal — Solid Waste and Recycling Collection Services
Page 2
1.
The City of Rosemead is seeking proposals from qualified contractors for solid waste
and recycling collection services. The anticipated start date for a new collection
agreement is August 1, 2013.
Specifically, the City of Rosemead is interested in receiving proposals for an exclusive
franchise Agreementthat will encompass all residential, multi - family,
commercial /industrial, and temporary bin /box accounts. A complete list of the Services
provided is included in Attachment A.
2. PROPOSAL SUBMITTAL DATE AND REVIEW
Contractors must submit nine (9) complete copies of their proposals before December
14, 2011, at 10:30 AM. All proposals must be delivered to the office of the City Clerk,
City of Rosemead, or mail to:
City of Rosemead
The received prod
will not be retur E
be sealed and lat
Proposal F
All proposals will
Any proposal dee
the RFP may be i
After a carefu
evaluation, as
selection of a f
Iley B
A 91
:he official files of the City of Rosemead and
be accepted. The RFP package needs to
— CONFIDENTIAL
mine conformance with the RFP requirements.
itional, or non - responsive to the requirements of
�rves the right to reject any and all proposals.
submitted proposal, the City will conduct a thorough
on 7D of this RFP. The evaluation will lead to the
of a Service contract.
3. CITY POINT OF CONTACT
The sole source of contact regarding this RFP is Chris Marcarello, Director of Public
Works, (626) 569 -2118. Firms interested in submitting a proposal are asked not to
contact other members of the City of Rosemead staff in connection with the RFP prior
to the announcement of the selected contractor.
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Request For Proposal — Solid Waste and Recycling Collection Services
Page 3
4.
6
SCHEDULE
The following are key dates for the Solid Waste and Recycling Collection RFP:
Mailing of RFP:
October 31, 2011
Mandatory Pre -Bid Meeting: November 9, 2011 at 10:00 AM
Public Services Facility (Garvey Park)
7933 Emerson Place
Rosemead, CA 91770
Question /Answer Deadline:
Question Responses/
Addendum Issuance:
November 1`6.2011 12:00 PM
via email or
23, 2011
in writing
Proposals due to the City; December 14,`2011, before 10:30 AM
Due at the City Clerk's Office
City Council Contract Award: January/February, 2012
BACKGROUND
The City of Rosemead (City) is soliciting written competitive proposals from private
contractors to „provide.,solid waste collection and recycling services for residential, mutli-
family,;,commercial and industrial customers within the City. The 10 year agreement will
provide for the successful firm to provide solid waste /recycling collection services within
City boundaries shown on the attached map for all existing and future service needs
within the service area. After a careful review of each submitted proposal, the City will
conduct an evaluation leadinq to the selection of and the award of a contract.
The City's objectives for the solid waste collection and recycling services are to:
• Provided all labor and equipment necessary to perform solid waste /recycling
collection services on a regular basis
• Provide an efficient solid waste management system, which includes mandatory
collection of solid waste and recyclable materials.
• Preserve the environment and protect the health, safety and quality of life for
Rosemead residents by utilizing fully automated AQMD compliant vehicles and
trained operators.
• Comply with the State of California Assembly Bill 939, known as the California
Integrated Waste Management Act of 1989, which requires jurisdictions to divert
from disposal in landfills 50% of the solid waste generated within the City, and
any future State mandates for additional diversion from landfills.
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Request For Proposal — Solid Waste and Recycling Collection Services
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4
The City of Rosemead has a population of approximately 55,000 residents contained in
5.5 square miles — located in the heart of the San Gabriel Valley. The City uses an
exclusive franchise system to provide solid waste /recycling collection services. Solid
waste /recycling collection is performed primarily on Monday through Friday from 7 AM
to 5 PM. Some commercial accounts receive service on Saturdays. A map of the
residential solid waste collection schedule that is already established is provided on
Attachment B. The following table shows an estimated number of homes, businesses,
multi - family residences, and tonnage collected in Rosemead. This data is presented
Number of Single Family Homes
Number of Multi -Family
Number of Businesses
Tonnage Collected
Trash
Mixed Rec
Total
0
2009
to prospective bidders.
Request For Proposal — Solid Waste and Recycling Collection Services
Page 5
7. GENERAL CONDITIONS
A. Authority to Withdraw RFP and /or Not Award Contract
The City Rosemead reserves the right to withdraw this 'RFP at any time without prior
notice. Furthermore, the City makes no representations that any will be awarded to any
firm responding to the RFP. The City expressly reserves the right to postpone the
opening of proposals at its own convenience and to reject any and /or all proposals
responding to this RFP without indicating any reasons for such rejection.
B. Pricing Approach
The City of Rosemead intends to award a ten
with a City option to renew annually for up to t\
list should be included as part of the propoc
purpose of this list is to provide for guidance f
payment deductions for contract services nc
contract.
Subsequent to the first year of the
adjusted based on the following fom
The annual rate adjustment w
Consumer Price Index (CPI)
Disposal /tipping fees shall be b
landfills within a fiftv (50) mile re
The CPI portion,, of the
Angeles, Riverside,.Orar
in
the CPI
for is the
2013).
10) year exclusive franchise contract,
(2); more years. A Service unit price
(See Attachment C). The primary
any`additional work or establish clear
rendered during the course of the
amount shall be
on a factor of 70 % of the change in the
of the change in disposal /tipping fees.
average municipal disposal fees charged at
based on the All Urban Customers, Los
or the previous 12 -Month Percent Change
2014 fee increase would be based on the
is follows: the numerator is the difference
;s the CPI index in May 2013 and the
The disposal /tipping portion of the formula shall be based on increases to only the
disposal portion of materials taken to the landfill. The City reserves the right to audit
the contractors' request including review /verification of landfill /diversion records and
tonnage reports and make a final determination on the amount of increase.
The total annual rate increases shall be subject to a five percent (5 %) maximum
increase per year.
Firm is aware of the requirements of California Labor Code Section 1720, et seq., and
1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq.,
( "Prevailing Wage Laws'), which require the payment of prevailing wage rates and the
performance of other requirements on 'public works" and "maintenance ". If the
Services are being performed as part of an applicable `public works' or "maintenance ",
as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or
more, Firm agrees to fully comply with such Prevailing Wage Laws. City shall provide
Firm with a copy of the prevailing rates of per diem wages in effect at the
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Request For Proposal — Solid Waste and Recycling Collection Services
Page 6
commencement of this Contract. Firm shall make copies of the prevailing rates of per
diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request. Firm shall defend, indemnify and
hold the City, its elected officials, officers, employees and agents free and harmless
from any claim or liability arising out of any failure or alleged failure to comply with the
Prevailing Wage Laws.
C. Fees /Funding Payable to City
The selected firm shall pay an annual franchise fee equal to at least ten percent (10 %)
of gross receipts collected in the performance of solid waste activities. The annual
franchise fee remittance shall be a minimum of $500,000 (five hundred thousand
dollars) per year. Such franchise fee will serve to reimburse the City for time spent
managing this contract, ensuring compliance with .State /Local recycling laws,
completing projects to deal with water; quality /national pollutant discharge emission
system requirements, and solid waste vehicle impacts to City roads. At no time shall
customers. Such fees will be
Section 3.36 of the draft contra
of missed franchise fees not rei
existing solid waste collection a
million six hundred thousand ($
described in Section 3.37 of the
As has been the'
exemplary "corporate
through its involvem
community and as fu
Insurance and Perfi
The selected firm sh
the performance bo
contract.
mitted to the City ;annually as further described in
Prior to the start of the agreement and in recognition
ed by the City [in'2011 and 2012 by not extending its
ement, firm will pay the City an amount equal to one
i00,000) ,upon execution of the agreement as further
n in Rosemead, the` selected firm shall function as an
.n" to the Rosemead community. Such actions should be
d financial contributions to non - profit groups /entities in the
escribed in Section 3.11.5 of the draft contract.
ce Bond
fide to the City the necessary insurances, endorsements and
the amount of contract. See Section 3.10.1 of the draft
D Proposal Evaluation Criteria
Proposals will be evaluated on the basis of the response to all provisions of this RFP.
The City of Rosemead may use some or all of the following criteria in its evaluation and
comparison of the proposals submitted. The criteria listed are not necessarily an all -
inclusive list. The order in which they appear is not intended to indicate their relative
importance:
1. The contractor's demonstrated awareness of safety in all operations
2. Any outstanding litigation or complaints relative to operational performance
and safety
3. A demonstrated understanding of the scope of work and other proposal
documents
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Request For Proposal — Solid Waste and Recycling Collection Services
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91
4. A logical, proven methodology for carrying out the work tasks described in
the proposal
5. The contractor's recent experience in conducting contracts of similar scope,
complexity, and magnitude, particularly for government agencies
6. The quality and quantity of personnel to be assigned to the contract,
including its recent Solid Waste and Recycling Collection experience
7. The quality and quantity of equipment to be assigned to the contract
8. A listing of the organizatio
proposed contract team
9. The financial stability of
10. Recent references from
governments
11. The proposed transition between
contact information for the
particular emphasis on local
(if applicable)
ble to the City
be the sole criteria for award of this
Proposals should be typed as briefly as possible. They should not include any
elaborate or unnecessary promotional material. Nine (9) bound or stapled copies of the
Proposal should be submitted. The following order and content of proposal sections
should be adhered to by each contractor:
a. Cover Letter
A cover letter should summarize key elements of the proposals. The letter
must be signed by an individual authorized to bind the contractor. Please
include the address and telephone number of the contractor's office located
nearest to Rosemead, California, and the office from which the agreement
will be managed. The letter must stipulate that the proposed prices shall be
valid for one (1) year and that requests for annual rate increases will be
adjusted in accordance to Section 7B "Pricing Approach" contained in this
document, subject to a 5% maximum increase per year. The letter
should indicate that upon execution of an agreement to provide services,
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Request For Proposal — Solid Waste and Recycling Collection Services
Page 8
the Company understands it will be required to make a one lump sum
payment to the City of Rosemead in the amount of $1.6 Million. The letter
should further indicate that upon starting services, the Company will remit at
least 10% of annual gross receipts (minimum of $500,000 each year) to the
City and at no time will franchise fee costs be added to customer billing
statements of passed on to Rosemead residents /businesses.
b. Background and Approach
The Background and Approach Section
of the City and the work to be done.
c. Work Plan
Describe the sequential work tasks you
this contract. Indicate all kev deliverabl
d. Methodology
This section should clearly
carry out the specific work t�
describe your understanding
I out in accomplishing
contents.
the Work
plan to use to
e. Contract Organization and Staffing ,
Describe your approach and methods for managing the contract. Provide
an organizational chart showing all proposed, team members. Describe the
responsibilities of each person on the team. 'Identify the Contract Manager
and the person(s) who ,will be the key contact (s) with the City of
Rosemead. Indicate how many hours each team member will devote to the
agreement by task, along with a statement indicating the availability of the
members of the team for the 'duration of the contract. Please include
resumes for key members of the team with particular emphasis on their
experience and professional affiliation.
Related Experience,
Describe recent, directly related, public agency experience. Include on
each listing the name of the agency; description of the work done; primary
agency contact; address and telephone number; dates for the contract;
name, of the contract director and /or manager and members of the
proposed, team who worked on the contract, as well as their respective
responsibilities. At least three references should be included. For each
reference, indicate the reference name, organization affiliation, title,
complete mailing address, and telephone number. The City of Rosemead
reserves the right to reference check any and /or all of the organizations or
individuals listed.
g. Contract Schedule
Provide a schedule for completing each task in the work program, based
upon the frequency listed in Service Locations (Attachment A).
h. Cost Data
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Request For Proposal — Solid Waste and Recycling Collection Services
Page 9
Indicate the fee schedule for each type of collection service. Please note
that the prices submitted in the fee schedule will be valid for one (1) year
until any fee increase will be allowed. Use the Service Unit Price List
(Attachment C) to create your fee schedule. This attachment is divided into
the following sections depending on service category, including:
• Section C -1/2: Residential Service (based on service type)
• Section 2: Multi - Family Service (based on bin size /type /pickups)
• Section 3: Commercial Service (based on bin size /type /pickups)
Please follow instructions listed on the Service Unit Price List and clearly
specify any other charges or fees; which would be part of your company
policy, i.e., fees for overloaded containers, material restrictions, etc.
Use the Total Cost Schedule (Attachment D), to submit a total cost for
collection services. Using the monthly service fees provided in Attachment
C, please calculate a total cost for each cost component for services,
including service fees and the cost to collect additional refuse containers.
Extra recycling and green waste containers shall be provided at customers
request at no additional cost. State the total monthly and annual cost for
collection services.
i. Equipment. List
Provide the make, model, age, and type of collection vehicles to be sued for
solid waste and recycling services. Vehicles and equipment used in Solid
Waste and Recycling Collection services must be kept well- maintained and
in good appearance. Vehicles and equipment used in accordance with
collection activities should be not more than three (3) years old and must
meet all applicable local,, state, and federal air quality laws, rules, and
regulations including but not limited to the South Coast Air Quality
Management District Rule 1193 relating to alternative fueled trash collection
equipment. iEquipment shall meet all applicable certifications for PM 10 and
other pollutants as set forth by the South Coast Air Quality Management
District. Indicate the equipment that will be used to meet these
requirements and efforts to ensure equipment is maintained in good repair,
appearance, and sanitary conditions at all times.
j. Employee Safety Training and Equipment Safety Records
Describe your organization's training and health /safety programs for your
employees. Describe employee response procedures when hazardous
wastes are encountered during collection activities. Include any employee
manuals, as appropriate. Provide all equipment safety, BIT inspection, and
CHP reports or citations for 2008, 2009, and 2010.
k. Waste Collection /Recycling Plans
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Request For Proposal — Solid Waste and Recycling Collection Services
Page 10
Describe the waste collection and recycling plans appropriate for the City of
Rosemead, including collection times, routes, scheduled time of collections
and other policies and /or procedures. Fully describe how your company will
meet a 55% recycling requirement in the City of Rosemead. Include the
facility names and addresses where materials will be delivered and sorted.
Include the type of permits for the facility (i.e. certified to receive recyclable
materials, household refuse, etc.) and cost per ton for Year 1 of the
proposed contract. State the permitted total tonnage allowed (capacity) at
facility per day and current tonnage of materials received.
I. Implementation Plan
Provide an implementation
facilitating a smooth transiti
transition between service:
demonstrate that the comps
including equipment, per:
requirements. Please descrit
staff during the transition peri
m. Customer Service.
Fully describe the cc
of Rosemead, includ
a
the
shall
an describing the company's plan for
of services and, if applicable, a smooth
roviders. The proposal must clearly
has the ability, to ;implement the services
iel, administration, and maintenance
ny assistance that will be needed from City
for providing customer service in the City
including responding to customer inquiries
rmed of problems /issues that arise.
services (bills shall not include /itemize
inserts describing programs, services, and
at the company's expense). Company shall
brmation inserts at least twice annually. All
d with the City prior to distribution.
The proposal must include provisions for annual customer service
studies to help the City evaluate performance. At the completion of
six (6) months, and every year thereafter, the City will provide a list
of questions to be used in a customer service survey. The company
will prepare and mail the survey to residents /businesses. All survey
replies will be mailed directly from the resident to the City at the
contractor's expense, via business reply mail. The City shall share
the results of the survey with the Company.
• The City will also require at least one (1) dedicated staff member to
respond to service inquiries. Such person will be housed at the
City's Chamber of Commerce Offices (Phone Number: (626) 288-
0811) for a minimum of 20 hours per week. Such service shall be
initiated at least two (2) weeks prior to the agreement start date and
remain in place during the life of the contract. Any rent costs that
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Request For Proposal — Solid Waste and Recycling Collection Services
Page 11
CIA
are included with this service shall be determined directly between
the Chamber of Commerce and the Company and shall not be part
of this contract.
n. Financial Information
Submit a compiled audited financial statement for the past three (3) fiscal
years. Include balance sheets and profit/loss statements, as appropriate.
All financial information submitted will be held confidential to the extent
permitted by law.
o. Guarantees
Provide a letter from a surety
performance bond in the am
months of the contract.
p. Statement of Compliance / Sugg
Contractors must submit a Staten
Draft Agreement terms and conc
and suggested changes. A
suggested changes must also be
must declare either'
11 This or000sal is
m
organization's ability to obtain a
hundred percent (100 %) of six
d Changes
of Compliance to the RFP and to the
s, ' and if any, a. listing of exceptions
ription of any cost implication for
tided. The Statement of Compliance
nce with the Request for
no exceptions to either are
is' in strict compliance with the Request for
aft Agreement except for the items listed.
or each exception or suggested change, the firm must include:
• Reasons for submitting the proposed exception or change.
• Any ;impact the change or exception may have on agreement
costs,; scheduling or other considerations.
All parties submitting proposals are instructed to attend a mandatory pre -bid
meeting. The meeting is scheduled Wednesday, October 26, 2011 at 10:00 a.m.
at the Public Services Facility, 7933 Emerson Place, Rosemead, California
91770. Present at this meeting will be representatives of the City of Rosemead
Public Works Department.
The purpose of this meeting is to familiarize contractors with the scope of work
and to answer any questions which may arise prior to submitting proposals.
Attendance at this meeting is MANDATORY for those wishing to submit
proposals. Failure to attend the pre -bid meeting shall result in disqualification
from the RFP process.
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Request For Proposal — Solid Waste and Recycling Collection Services
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Firm shall provide all labor and equipment necessary to perform Solid Waste and
Recycling Collection services in the City of Rosemead in accordance with this Contract,
on the following terms and conditions.
A. Definitions
1) "Alternative Fuel Vehicle" means a vehicle whose engine uses a fuel other than
gasoline or diesel fuel, such as compressed natural gas (CNG) or other fuel with
comparably low emissions of air pollutants regulated under the California Clean
Air Act, Health and Safety Code Section 39000 et seq. or the South Coast Air
Quality Management District's rules and regulations including Rule 1193.
2) "Bin" means open top rectangular metal containers with wheels, with or without
plastic or metal lids, used for storage of MSW, Recyclable Materials,
Greenwaste, Construction and Demolition, Debris, or other, materials to be
collected by Contractor. Typical sizes of bins include 2, 3, 4 and 6 cubic yards.
Bins are collected by a front load vehicle equipped with metal forks that are
inserted into metal channels on either side` of the Bin in order to lift Bin, empty
the contents into the body of the vehicle,, and return the Bin to the ground.
3) "Box" means large open top ,rectangular metal containers used to store and
transport MSW, recyclable materials, green waste, construction and demolition
debris, or other materials. Boxes are collected using a special vehicle equipped
with hooks and a winch to pull the box onto the flat bed of the truck for transport.
Boxes typically come in 10, 20, 30 and 40 cubic yard sizes.
"Bulky Item Materials" means furniture, household or industrial appliances,
mattresses shipping creates and containers, oversized yard waste such as tree
trunks and large branches if no larger than two feet (2) in diameter and four feet
(4') in length, and other large bulky or heavy objects not normally discarded on a
regular basis at residential, commercial or business establishments. Bulky items
do not include construction /demolition debris.
5) " "Cart" means a container with a hinged lid and wheels serviced by an
automated or semi - automated truck with a capacity of 96 gallons.
6) "City" means the City of Rosemead, a municipal corporation, and all of the
territory lying with the municipal boundaries of the City as presently existing or as
such boundaries may be modified during the term.
7) "Collection" means the taking of physical possession of MSW or Recyclable
Materials from Customers, and their transport to the MRF, Compost Facility,
Construction Demolition and Debris processing facility, or Landfill.
12
Request For Proposal — Solid Waste and Recycling Collection Services
Page 13
8) "Contractor' means
agent.
The Firm is the authorized recycling
9) "Contamination" means materials which are not specified for collection in
particular containers or for processing at either the Clean MRF or Dirty MRF and
which would either interfere with such processing or reduce the quality and value
of the recovered materials. For example, for purposes of collection, metals and
plastics would constitute "contamination" if placed in a green waste container
and tree trimmings would constitute "contamination" if placed in a recyclable
materials container. The materials specified, for collection in containers to be
delivered to the MRF.
10) "Customer" means the owner,
recyclable materials is generat,
11) "Debris" shall mean all litter
foreign material.
12) "Dirty Materials RecovE
portion of a facility thafj
waste, construction and
users. In some cases
collected in a special
collecting at commercial
collectinq at commercis
a permitted` facility
14) "Disposal Site" rr
facility used for disj
15) "Diversion" mean;
activities condUGtE
demolition debris'
landfill.
16) "Firm" means "
premises at which MSW or
leaves, sand, dirt, garbage and other
(MRF);! shall mean a facility or that certain
MSW to separate recyclable materials, green
i debris and other materials for sale to end
processed at a Dirty MRF may have been
i, order to reduce contamination, such as
with relatively dry MSW and routing to avoid
s where wet MSW is generated, such as
a permitted landfill or transformation at
City- designated landfill, transfer station or other
any combination of recycling, sorting and composting
d' at the MRF, compost facility, and the construction and
processing facility that reduces waste disposed of at the
The Firm is the authorized recycling agent.
17) "Food Waste" means surplus, spoiled, or unsold food such as vegetables and
culls, as well as plate scrapings and unsold or unused prepared food.
18) "Green Waste" means tree trimmings, grass cuttings, leaves, branches and
similar organic materials.
13
Request For Proposal — Solid Waste and Recycling Collection Services
Page 14
19) "Materials Recovery Facility /MRF" means a permitted facility that accepts and
sorts MSW, single stream recyclable materials, and /or source separated
recyclable materials in order to segregate individual commodities for sale to and
end markets. A MRF typically provides additional processing of the segregated
commodities to enhance their value to end users (for example: sorting glass,
bailing plastics /paper /cardboard, sorting paper grades) and markets the
commodities to end users.
20) "Multi- Family" means a building, dwelling unit or complex containing multiple
dwelling units that house more than 3 residences. Apartment complexes,
condominiums, townhouses and similar` configured housing complexes are
included. Multi- family does not include single- family residences, duplexes or tri-
plexes.
21) "Municipal Solid Waste /MSW" means all fractions of discarded solid, semi -solid
and liquid wastes, including garbage, trash, refuse,, paper, rubbish, ashes,
industrial wastes, construction /demolition debris, discarded home and industrial
appliances, manure, vegetable or animal solid wastes, and other discarded
substances or materials.
22) "Organic Materials" means materials that are or were recently living, such as
leaves, grass, agricultural crop residues, or ,food scraps including surplus,
spoiled or unsold food such as vegetables and culls, as well as raw food left over
after food preparation, and leftover cooked food and plate scrapings.
23) "Processing Cost" means the amount charged for delivery of materials to the City
designated MRF, composting facility, construction /demolition debris processing
facility, waste -to- energy facility, transformation and biomass facility.
"Processing 'Facilities", ;means facilities where the following activities are
conducted — sorting, cleaning, treating, composting, and reconstituting collected
materials and returning these materials to the economic mainstream in the form
of raw materials for new reused or reconstituted products which meet the quality
standards I of the marketplace. MRFs, composting facilities,
construction /demolition debris processing facilities, waste -to- energy facilities,
transformation facilities, biomass facilities.
25) "Recyclable Materials" means those materials which otherwise would become or
be treated as MSW but which, by means of a process of collecting, sorting,
cleansing, treating, and reconstructing, may be returned to the economic
mainstream in the form of finished or source material for new, reused or
reconstituted products, which may be used in the market place. Materials
include paper, books, magazines, cardboard, boxes, plastic, metal, glass, food
waste and other similar materials authorized by the City for collection by the
Contractor.
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Request For Proposal — Solid Waste and Recycling Collection Services
Page 15
26) "Streets" shall mean all dedicated public rights -of -way within the existing or future
corporate limits of the City.
27) "Term" means the term of this contract.
B. Description of Required Services and Experience
1) General. The primary objective of Solid Waste and Recycling Collection is to
collect all solid waste, recyclable materials, and green waste materials from each
residential property at an interval not less than once per week; collect all solid
waste, recyclable materials, and green waste materials from each multi- family
and commercial property at an interval at least once per week. All collection
activities shall be done in a reliable, high'quality manner and shall be done in
accordance with all applicable City ordinances and State mandates.
2) Required Experience. The successful Firm shall have at a minimum five (5)
years experience with municipal Solid Waste and Recycling Collection in a
community of similar size and scope as the City of Rosemead. The Firm shall
have developed complete solid waste /recycling collection programs for California
cities, towns, counties, etc.
3) Residential Service. Firm -shall provide refuse collection service at an interval not
less than once per week to all customers at residential properties in the City.
Firm will,provide fully automated solid waste, recyclable material and green
waste containers for residential customers. The automated waste containers will
have suitable handles and wheels, tight- fitting covers for holding garbage without
leakage or escape of odors; and be constructed of watertight metal or plastic.
The City shall approve the color of solid waste containers used. Containers will
be offered to customers in the size of 96 gallons. Customers will be allowed to
request a smaller size container, if desired. If a customer requests a small
container, the firm will provide one to that customer within fourteen (14) days.
Rates for service will be in accordance with established Service Unit Rates
(Attachment C). Extra recycling and green waste containers shall be provided at
customers request at no additional cost.
Firm shall provide all temporary bin service, roll off box service, and construction
and demolition bins to residential properties in the City. Upon request, Firm must
deliver such temporary bin or box to the customer within a 24 (twenty four) hours
of request (not including weekends or holidays). Rates for service will be in
accordance with established Service Unit Rates (Attachment C). Temporary bin
and box rates shall be on a "per dump' basis which includes service,
transportation, disposal, and rental for up to 7 (seven) days. Additional fees may
be added for rentals in excess of 7 (seven) days.
In keeping with existing. services offered to residents in the City, firm shall
provide bulk item material collection to all residential customers at no cost. Such
collection will be limited at 5 (five) items per pickup, with up to 25 (twenty five)
pickups that may be scheduled each year. Such pickup should take place on the
15
Request For Proposal — Solid Waste and Recycling Collection Services
Page 16
regularly scheduled collection day and shall include only items defined as 'Bulky
Item Materials" listed in Section A "Definitions" above. Customers must call in at
least forty -eight (48) hours prior to scheduling a pickup.
Firm shall collect all Holiday trees discarded by any residential customer on the
first two regularly scheduled collection days after Christmas Day, free of charge
to the customers.
Firm shall provide a backyard /off- street c
customers that request such service. Firm wi
and place them out for collection service and
area after collection. Firm may charge custorr
with the service unit price list (Attachment C) ai
or disabled persons may requestthis service
meet City requirements (based on HUD -apps
)Ilection service to residential
remove all collection containers
return containers to the storage
:rs for this service in accordance
I bill customers directly. Seniors
and, upon verification that they
ved low- moderate income level
requirements), will be eligible to receive this service at 20 % (twenty percent) off
of the normal service cost.
Firm shall provide a senior /disabled hardship rate to residential customers that
request such service. Firm may charge customers for this service in accordance
with the service unit price list (Attachment C) and bill customers directly. The
rate for this service shall be reduced, 20% (twenty percent) off the regular
residential customer rate, provided that the senior or disabled person meets City
requirements (based on HUD- approved low- moderate income level
requirements).
4) Multi- Family /Commercial- Service. Firm shall provide refuse collection service at
an interval of at least once per week to all customers at multi - family /commercial
properties in the City. ; Firm will provide 2, 3, 4 and 6 cubic yard bins upon
request for multi- family /commercial customers. As an alternative to commercial
customers that 'do not have adequate space or generate enough waste to
necessitate a bin, Firm shall offer customers automated 96- gallon automated
collection containers. Such service shall be billed based on the number of
containers ;provided and number of pickups per week. After completion of a
waste audit, the City shall make the final determination as to whether a customer
will receive an automated collection container.
Firm shall provide bulk item material collection to all multi - family customers in the
City at no cost. Such collection will be limited at 4 (four) items per pickup, with
up to 4 (four) pickups that may be scheduled each year. Such pickup should
take place on the regularly scheduled collection day and shall include only items
defined as 'Bulky Item Materials" listed in Section A "Definitions' above.
Customers must call in at least forty -eight (48) hours prior to scheduling a
pickup. Other commercial customers may participate in this collection program
in accordance with the established fee listed in Service Unit Rates (Attachment
C). Multi- family property managers will not be considered in this category and
will be required to pay the commercial rate for bulk item pickups.
111131
Request For Proposal — Solid Waste and Recycling Collection Services
Page 17
In compliance with State law; firm shall provide recycling collection services to
commercial customers (not including multi - family customers), if requested. In
addition, Firm shall send 75% of commercial refuse collected by weight for
processing to recover recyclables, with a minimum recovery rate of 25 %. Firm
shall provide City with weight tickets to confirm materials processed.
Firm shall send a sufficient amount of refuse from which recyclable materials
have been removed to a waste -to- energy facility for the City to receive five
thousand (5,000) tons of diversion credit per year. The City reserves the right to
request that additional refuse materials be `sent to a waste -to- energy facility if it is
necessary to meet diversion requirements listed in Section F "Waste Collection
and Recycling Plans" of this document: In this case, no additional charges shall
be imposed.
Firm may not charge additional fees for "scout' or "swamper" services required to
position bins for proper collection':, If positioning a bin is required, the bin shall
not be left in a location that will obstruct traffic or access through the public right -
of -way.
5) City Services /Other Collection Services. Firm shall collect and dispose of all
refuse, recyclable materials, and green, waste ,generated at City facilities, the
Rosemead Chamber of Commerce Office, Savannah Cemetery, and at City
owned bus stops /public trash receptacles. Firm shall also provide City with
additional containers as needed in conjunction' with City special events and City
projects. Such locations, events,, and projects are fully described in City
Collection Locations List; (Attachment E). Collection shall be at no additional
In addition these locations, Firm shall be responsible for the removal and
collection of abandoned, items dropped in City public right -of -way areas, at City
parks,, and other, public locations. In conjunction with this rover collection
service, Firm will provide a bulky item collection rover with flatbed truck to collect
bulk items 5 days per week. Schedule and route will be directed by the City and
take place during business hours, 6:00 a.m. to 12:00 p.m. noon each business
day. Such collection shall be at no additional charge to the City.
6) Overflowing Containers /Bins. In the event that customers regularly produce
more refuse that their current service level allows, Firm may initiate a process to
increase service levels. In such case, firm shall document the incident with a
photograph, date, time, and send notice to the customer. Upon three (3) such
incidents in a six (6) month period, the Firm shall notify the City. If, upon further
review, such overflow persists, Firm shall be allowed to increase service levels to
the customer.
7) Contaminated Containers /Bins. In the event that customers dispose of improper
materials in recycling containers, Firm may initiate a process to remove recycling
17
Request For Proposal — Solid Waste and Recycling Collection Services
Page 18
containers. In such case, firm shall document the incident with a photograph,
date, time and send notice to the customer. Upon three (3) such incidents in a
six (6) month period, the Firm shall notify the City. If, upon further review, such
contamination persists, Firm shall be allowed to remove recycling containers that
were provided to the customer.
8) Changes in Services. During the term of this agreement or any extension
thereof, the City may elect to increase or decrease the frequency of collection
services. The said increase or decrease shall; be by written change order to the
Contractor.
9) Food Waste Diversion Program. Firm shall implement a program to divert food
waste collected from restaurants and/or from residents. Program will include
processing and transporting the waste`to an approved facility. This service shall
be offered to all commercial food service establishments in the City at rates that
are consistent with industry standards.
10) End Uses for Green Waste Materials. Firm shall divert greenwaste materials
collected. Firm must provide end uses for greenwaste that maximize diversion
credits for the City according to regulations established by State or local
regulations. Greenwaste may'only,be used as Alternate Daily Cover only to the
extent that the City will get full diversion credit for its use. Firm is responsible for
monitoring how 'the greenwaste will be diverted at selected facilities and for
selecting alternative facilities if necessary to ensure full diversion credit.
C. Schedule of Performance
1) Days. Routine Solid Waste and Recycling Collection shall be conducted Monday
`through Friday unless otherwise approved by the Public Works Director.
2) Hours. , Standard operating hours for collection services under this Agreement
shall be determined by the City and the Contractor. Collection shall take place
between the hours of 7:00 A.M. to 5:00 P.M.
Holidays
The firm is not required to collect materials on Sundays nor on any of the following
holiday:
New Year's Day
President's Day
Memorial Day
Independence Day
1E
Labor Day
Veterans Day
Thanksgiving Day
Christmas Day
Request For Proposal — Solid Waste and Recycling Collection Services
Page 19
During the week of a holiday, the Firm shall adjust the weekly schedule so as to
return to the normal weekly schedule the following week. Collection scheduled for a
holiday shall be completed within seven (7) days following the holiday. Holiday
collection schedules must be submitted to the Public Works Director thirty (30) days
prior to the holiday. No modification of this holiday schedule shall be effective
unless authorized in writing by the Public Works Director.
D. Disposal and Recycling of Materials
Except as expressly provided in this Section, Fir
diversion requirements imposed by law, ordinar
Contractor. On a quarterly basis, Firm shall div
all solid waste collected by Firm from landfills'.
five percent (45 %) or more of the solid waste c
at any landfill during any calendar quarter. See
for further details.
E.
Any and all containers provide,
transportation of solid wastes sh
Works Director as well as Stat(
handling established under Pub
health requirements. The Public
color of containers, manufactur(
containers. Firm shall repair or
lost or stolen with a container api
;hall comply with all recycling and
, or regulation on the City and /or
at least fifty -five percent (55 %) of
no event shall Firm deposit forty -
)cted pursuant to this Agreement
action 3.7 of the Draft Agreement
to customers of Firm for storage, collection or
meet the requirements designated by the Public
Df California minimum standards for solid waste
Resources Code Section 43020 and applicable
Vorks Director shall have the right to approve the
of containers, and 'lettering and decals used on
:place any container which is damaged, broken,
)ved "bv the Public Works Director at no cost.
stainers and 'all vehicles used by Firm in the performance of solid waste
ig services shall be marked with Contractor's name and telephone number in
which are easily read by the general public. All solid waste containers used in
rlormance of this Agreement shall be kept clean and.in good repair to the
:;tion of the Public `Works Director. Firm shall also regularly inspect
iers and bins and be responsible for the prompt removal of graffiti from such
Equipment. The vehicles used pursuant to this Agreement shall have the name of
the Contractor, the Contractor's local telephone number, and a unique vehicle
identification number for each vehicle prominently displayed on all collection
vehicles. The vehicles shall also display a statement as to the type of alternative fuel
being used.
The Firm shall use alternative fuel vehicles approved by the South Coast Air Quality
Management District for fully automated refuse collection services. Vehicles shall
meet all requirements specified per AQMD Rule 1193. See Section 3.8 of Draft
Agreement for further details.
F. Equipment Storage
T
Request For Proposal — Solid Waste and Recycling Collection Services
Page 20
The Firm shall be responsible for all costs associates with equipment storage. No
material and equipment shall be stored where it will interfere with the free and safe
passage of public or construction traffic.. At the end of each days work and at all
other times when operations are suspended for any reason, the Firm shall remove
all equipment and other obstructions from the roadway and open it for use by traffic.
G. Contractor /City Communication
Throughout the period of this Contract, the Firm shall establish and maintain an
office and have an authorized Supervisor as the point of contact for communications
with the City.
H.
The Contractor's office shall have a
responsible person in charge seven
emergency service, which are forw,
provide emergency service within twc
City. Requests for routine servi
expeditiously within the following twer
Contractor's employees shall
Contractor's name. Employees
with the public shall also bear`
nametag or identification card.
uniform while working within the
Employees
ity -four (24) hour telephone service and a
days a week to receive all requests for
d by the City. Firm shall respond and
hours from the time a call is placed by the
or complaint issues shall be resolved
uired to, wear a clean uniform bearing the
Drmally and regularly come into direct contact
means of individual identification, such as a
oyees 'shall not remove any portion of their
shall at all times possess and carry a
the State of California.
Any person employed by the Firm who fails or refuses to carry out the directions of
the ;City, appears to be incompetent, acts in a disorderly, improper or unsafe
manner, or shows` signs of intoxication or other impairment, shall be immediately
removed from the job, site by the Contractor. Prior to returning a removed employee
to work within the City, the Firm shall provide in writing the reason for the individual's
behavior and the means' used to prevent this behavior from occurring again. Failure
of the Firm to prevent, prohibit, or resolve problems with its employees working
within the City'will result in Collection operations being suspended until further
notice. The City may enter an agreement with another party for Solid Waste and
Recycling Collection services during such a suspension, and the Firm will be liable
for all costs.
I. Records and Reports
City shall require specific reporting and recording keeping requirements in
completion of collection activities. See Section 3.9 of the Draft Agreement for
further details.
20
Request For Proposal — Solid Waste and Recycling Collection Services
Page 21
J. Responsibility for Damages and Injury/Indemnification
City shall require that the firm indemnify the City for Certain damages, losses, etc.
that may arise from the performance of collection activities. Further the City shall
require additional indemnification from State recycling laws. See Section 3.5.8 of the
Draft Agreement for further details.
M
The Firm shall become familiar with all e
on the work site and shall provide ad
existing structures and improvements.
other obstructions which are remove, dc,
shall be replaced and /or repaired, at
condition and to the satisfaction of the C
in a timely manner will result in the City c
cost to perform the necessary remedial ,v
1) Equipment and
by any governn
corrected?bv the
2) Warnings:, Firm shall use ligl
where required by law, for the
ig installations, both public and private,
ate safeguards to prevent damage to
fences, wall, slopes, landscaping, and
led, or destroyed in the course of work
Contractor's expense, to the original
Failure to have such damages repaired
sting from the Contractor's payment the
or vehicle defects disclosed
imediate correction shall be
ngs instead of loud sound signals except
ion of personnel.
Water for Dust Control. The Firm shall provide sufficient water for use street
Collection operations to maintain a near dustless condition. Water for this
use will be made available by the City at no cost to the Contractor. All water
provided by the City must be metered by devices loaned to the Contractor.
Firm shall bring any such metering devices to the City's Public Works Yard to
be read at a date to be determined by the Public Works Director. Firm shall
comply with all rules and regulations of the City relating to the use of water.
Failure to comply may result in the City's refusal to furnish water to the
M. Cooperation with Utility and Other Companies
Work within the City by utility and construction companies may be progressing
concurrently with the work under this Contract. It is the responsibility of the Firm to
be informed of work planned by these parties and to coordinate Solid Waste and
Recycling Collection work accordingly.
N. Agreement Term
The term of the agreement shall be for a period of ten (10) years, with an option for
renewal for two (2) one -year extensions, on an annual basis, based on the firm
21
Request For Proposal — Solid Waste and Recycling Collection Services
Page 22
performance. The City reserves the right to unilaterally terminate the Agreement at
any time upon thirty (30) days written notice to the contractor.
After the initial ten (10) year contract, the City has the option to renew the
agreement for two (2) one -year extensions, in one (1) year increment. If the City
chooses to extent the contract, a formal letter will be sent to the firm advising firm of
the one (1) year extension. This process will be used for each of the optional two
(2) years. In determining whether the Agreement should be extended, the City will
evaluate the performance of the firm and determine whether the contractor's
performance is satisfactory.
New Solid Waste and Recycling Co
City, may be added to the Service I
considered change orders to the ii
service unit prices provided in A
between the two parties of the contr,
22
as, as developed or assumed by the
iuch additional scope of work will be
ict, and the value will be based on
C, if applicable, and /or negotiated
Request For Proposal — Solid Waste and Recycling Collection Services
Page 23
A. Monthly/ Weekly Green Waste Recycling/ Diversion Report
B. Emergency Calls Log
C. Complaint Log
LIST OF ATTACHMENTS
Attachment A
Attachment B
Attachment C
IG[iFTi161042131
Attachment E D
23
Service I
Collection Schedule Map
Request For Proposal — Solid Waste and Recycling. Collection Services
Page 24
ATTACHMENT A
City Service Locations
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Request For Proposal — Solid Waste and Recycling Collection Services
Page 25
ATTACHMENT B
Solid Waste and Recycling Collection Schedule Map
25
Request For Proposal — Solid Waste and Recycling Collection Services
Page 26
ATTACHMENT C
Unit Price List
The contractor agrees that for requested and /or required changes in the scope of work,
including additions and deletions on work not performed, the contract sum shall be
adjusted in accordance with the following unit prices.,
II. Contractor is advised that the submitted unit prices will be used as one of the
determining factors in the contract award. Unreasonable prices may result in rejection
of the entire bid proposal. Unit prices listed below refer to all items installed, including
but not limited to, materials, labor, overhead, and profit for the contractor.
III. The unit price quoted by the contractor shall be those unit prices that will be charged or
credited for labor and materials to be provided regardless of the total number units
and /or amount of labor required for added or deleted items of work.
IV. All work shall be performed in accordance with specifications or otherwise herein
specified. Workmanship shall be in accord with the best standard practices
IT
Attachment C -1
Service Unit Price List
Residential Services: 3 -Bin System
Fill in the rates below for each level of service. Rates must be broken down to show the
collection cost and disposal cost. Rates listed will be in accordance with
Section 7B "Pricing Approach" of the RFP. Each contractor is responsible for either
completing Attachment C -1 or Attachment C -2, depending on whether a 2- container
or 3- container system is proposed for residential service. Failure to complete either form will
be recognized as a non - responsive proposal.
Stanard Residential Service (Refuse, Recycling, Green Waste)
Collection Cost + Disposal Cost = Total Cost
96 gallon Containers + _
(Includes 1 refuse container, 1 recycling container, and 1 green waste container. Additional recycling
and green waste containers must be provided to resident free of charge if requested).
Additional Refuse Container
(Only available for refuse containers)
Senior /Disabled Service
(Upon verification of established income requirements, seniors /disabled residents may receive 20% off of
the regular residential service rate).
Offstreet /Backyard Service
(In addition to regular service rate)
*Note - Rates may not include franchise fee payable to City in accordance with Section 7C "Fees /Funding Payable
to City" of the RFP.
Attachment C -2
Service Unit Price List
Residential Services: 2 -Bin System
Fill in the rates below for each level of service. Rates must be broken down to show the
collection cost and disposal cost. Rates listed will be in accordance with
Section 7B "Pricing Approach" of the RFP. Each contractor is responsible for either
completing Attachment C -1 or Attachment C -2, depending on whether a 2- container
or 3- container system is proposed for residential service. Failure to complete either form will
be recognized as a non - responsive proposal.
Stanard Residential Service (Refuse /Recycling. Green Waste /Organic Materials)
Collection Cost + Disposal Cost = Total Cost
96 gallon Containers + _
(Includes 1 refuse /recycling container and 1 green waste%rganic materials container. Additional
green waste%rganic materials containers must be provided to resident free of charge if requested).
Additional Refuse/ + _
Recycling Container
(Only available for refuse /recycling containers)
Senior /Disabled Service +
(Upon verification of established income requirements, seniors /disabled residents may receive 20% off of
the regular residential service rate).
Offstreet /Backyard Service + _
(In addition to regular service rate)
*Note - Rates may not include franchise fee payable to City in accordance with Section 7C "Fees /Funding
Payable to City" of the RFP.
Attachment C -3
Service Unit Price List
Commercial Services
Fill in the rates below for each level of service. Rates must be broken down to show the
collection cost and disposal cost. Rates listed will be in accordance with
Section 7B "Pricing Approach" of the RFP.
Commercial Rates must reflect commercial recycling requirement that 75% of commercial
refuse collected by weight for processing to recover recyclables, with a minimum
recovery rate of 25%
96 Gallon Containers Collection Cost + Disposal Cost = Total Cost
1 pick up per week + _
2 pick ups per week + _
3 pick ups per week + _
4 pick ups per week + _
5 pick ups per week + _
2 Cubic Yard Bin Collection Cost + Disposal Cost = Total Cost.`
1 pick up per week + _
2 pick ups per week +
3 pick ups per week + _
4 pick ups per week + _
5 pick ups per week + _
*Note - Rates may not include franchise fee payable to City in accordance with Section 7C "Fees /Funding
Payable to City" of the RFP.
4 pick ups per week + _
5 pick ups per week + _
6 Cubic Yard Bin Collection Cost + Disposal Cost = Total Cost
1 pick up per week + _
2 pick ups per week + _
3 pick ups per week + _
4 pick ups per week + _
5 pick ups per week + =
*Note - Rates may not include franchise fee payable to City in accordance with Section 7C "Fees /Funding
Payable to City" of the RFP.
Attachment C -3
Service Unit Price List
rnMMPrriA Services
3 Cubic Yard Bin
Collection Cost + Disposal Cost = Total Cost
1 pick up per week
+
2 pick ups per week
+ -
3 pick ups per week
+ _
4 pick ups per week
+ _
5 pick ups per week
+
4 Cubic Yard Bin
Collection Cost + Disposal Cost = Total Cost
1 pick up per week
+ _
2 pick ups per week
+ _
3 pick ups per week
+
4 pick ups per week + _
5 pick ups per week + _
6 Cubic Yard Bin Collection Cost + Disposal Cost = Total Cost
1 pick up per week + _
2 pick ups per week + _
3 pick ups per week + _
4 pick ups per week + _
5 pick ups per week + =
*Note - Rates may not include franchise fee payable to City in accordance with Section 7C "Fees /Funding
Payable to City" of the RFP.
Attachment C -4
Service Unit Price List
Multi- Family Service
Fill in the rates below for each level of service. Rates must be broken down to show the
collection cost and disposal cost. Rates listed will be in accordance with
Section 7B "Pricing Approach" of the RFP.
Stanard Multi - Family Service
96 gallon Containers
1 pick up per week
2 pick ups per week
3 pick ups per week
4 pick ups per week
5 pick ups per week
2 Cubic Yard Bin
1 pick up per week
2 pick ups per week
3 pick ups per week
Collection Cost + Disposal Cost = Total Cost
Collection Cost + Disposal Cost = Total Cost
4 pick ups per week + _
5 pick ups per week + _
*Notes - Rates may not include franchise fee payable to City in accordance with Section 7C "Fees /Funding
Payable to City" of the RFP.
Attachment C -4
Service Unit Price List
Multi - Family Service
3 Cubic Yard Bin Collection Cost + Disposal Cost = Total Cost
1 pick up per week + _
2 pick ups per week + _
3 pick ups per week + _
4 pick ups per week + _
5 pick ups per week + _
4 Cubic Yard Bin Collection Cost + Disposal Cost = Total Cost
1 pick up per week + _
2 pick ups per week + _
3 pick ups per week + _
4 pick ups per week + _
5 pick ups per week + _
6 Cubic Yard Bin Collection Cost + Disposal Cost = Total Cost
1 pick up per week + _
2 pick ups per week + _
3 pick ups per week + _
4 pick ups per week + _
5 pick ups per week + _
*Notes- Rates may not include franchise fee payable to City in accordance with Section 7C "Fees /Funding
Payable to City" of the RFP.
Attachment C -5
Service Unit Price
Temporary Bin and Box Services
Fill in the rates below for each level of service. Rates must be broken down to show the
collection cost and disposal cost. Rates listed will be in accordance with
Section 7B "Pricing Approach" of the RFP.
TemporarV Bins
2 Cubic Yard Bin Collection Cost + Disposal Cost = Total Cost
Daily + _
Weekly + _
Weekend + _
3 Cubic Yard Bin Collection Cost + Disposal Cost = Total Cost'
Daily + _
Weekly + _
Weekend + _
4 Cubic Yard Bin Collection Cost + Disposal Cost = Total Cost
Daily + _
Weekly + _
Weekend + -
6 Cubic Yard Bin Collection Cost + Disposal Cost = Total Cost
Daily + _
Weekly + _
Weekend + _
Attachment C -5
Service Unit Price
Temporary Boxes
10 Cubic Yard Bin Collection Cost + Disposal Cost = Total Cost
Daily + _
Weekly + _
Weekend + _
20 Cubic Yard Bin Collection Cost + Disposal Cost = Total Cost
Daily + _
Weekly +
Weekend + _
30 Cubic Yard Bin Collection Cost + Disposal Cost = Total Cost
Daily + _
Weekly + _
Weekend + _
40 Cubic Yard Bin Collection Cost + Disposal Cost = Total Cost
Daily + _
Weekly + _
Weekend + _
Request For Proposal — Solid Waste and Recycling Collection Services
Page 27
ATTACHMENT D
Total Cost Schedule
27
Attachment D
Total Cost Schedule
Standard Residential Service (Refuse, Recycling, Green Waste)
Unit Cost x Accounts = Total Cost
A.) 96 gallon Containers x =
B.) Additional Refuse Container x =
C.) Senior /Disabled Service x =
D.) Offstreet /Backyard Service x =
SUB TOTAL (A + B + C + D)
Standard Commercial Service
96 gallon Containers
A.) 1 pick up per week
B.) 2 pick ups per week
Unit Cost x Accounts
x
x
= Tntal rnct
C.) 3 pick ups per week x =
D.) 4 pick ups per week x =
E.) 5 pick ups per week x =
SUB TOTAL (A + B + C + D + E)
B.) 2 pick ups per week x =
C.) 3 pick ups per week x =
D.) 4 pick ups per week x =
E.) 5 pick ups per week x =
SUB TOTAL (A + B + C + D + E)
4 Cubic Yard Bin Unit Cost x Accounts = Total Cost
A.) 1 pick up per week x =
B.) 2 pick ups per week x =
C.) 3 pick ups per week x =
D.) 4 pick ups per week x =
E.) 5 pick ups per week x =
SUB TOTAL (A + B + C + D + E)
Attachment D
Total Cost Schedule
2 Cubic Yard Bin
Unit Cost x Accounts` = Total Cost
A.) 1 pick up per week
x =
B.) 2 pick ups per week
x =
C.) 3 pick ups per week
x =
D.) 4 pick ups per week
x =
E.) 5 pick ups per week
x =
SUB TOTAL (A + B + C + D + E)
3 Cubic Yard Bin
Unit Cost x Accounts = Total Cost
A.) 1 pick up per week
x =
B.) 2 pick ups per week x =
C.) 3 pick ups per week x =
D.) 4 pick ups per week x =
E.) 5 pick ups per week x =
SUB TOTAL (A + B + C + D + E)
4 Cubic Yard Bin Unit Cost x Accounts = Total Cost
A.) 1 pick up per week x =
B.) 2 pick ups per week x =
C.) 3 pick ups per week x =
D.) 4 pick ups per week x =
E.) 5 pick ups per week x =
SUB TOTAL (A + B + C + D + E)
Standard Multi - Family Service
96 gallon Containers Unit Cost x Accounts = Total Cost
A.) 1 pick up per week x =
B.) 2 pick ups per week x =
C.) 3 pick ups per week x =
D.) 4 pick ups per week x =
E.) 5 pick ups per week x =
SUB TOTAL (A + B + C + D + E)
2 Cubic Yard Bin Unit Costs x Accounts = Total Cost
A.) 1 pick up per week x =
B.) 2 pick ups per week x =
C.) 3 pick ups per week x =
D.) 4 pick ups per week x =
E.) 5 pick ups per week x =
SUB TOTAL (A + B + C + D + E)
Attachment D
Total Cost Schedule
6 Cubic Yard Bin
Unit Cost x Accounts = Total Cost
A.) 1 pick up per week
x =
B.) 2 pick ups per week
x =
C.) 3 pick ups per week
x =
D.) 4 pick ups per week
x =
E.) 5 pick ups per week
x =
SUB TOTAL (A + B + C + D + E)
Standard Multi - Family Service
96 gallon Containers Unit Cost x Accounts = Total Cost
A.) 1 pick up per week x =
B.) 2 pick ups per week x =
C.) 3 pick ups per week x =
D.) 4 pick ups per week x =
E.) 5 pick ups per week x =
SUB TOTAL (A + B + C + D + E)
2 Cubic Yard Bin Unit Costs x Accounts = Total Cost
A.) 1 pick up per week x =
B.) 2 pick ups per week x =
C.) 3 pick ups per week x =
D.) 4 pick ups per week x =
E.) 5 pick ups per week x =
SUB TOTAL (A + B + C + D + E)
Attachment D
Total Cost Schedule
3 Cubic Yard Bin Unit Cost x Accounts' = Total Cost
A.) 1 pick up per week x =
B.) 2 pick ups per week x =
C.) 3 pick ups per week x =
D.) 4 pick ups per week x =
E.) 5 pick ups per week x =
SUB TOTAL (A + B + C + D + E)
4 Cubic Yard Bin
Unit Cost x Accounts = Total Cost
A.) 1 pick up per week
x =
B.) 2 pick ups per week
x =
C.) 3 pick ups per week
x =
D.) 4 pick ups per week
x =
E.) 5 pick ups per week
x =
SUB TOTAL (A + B + C + D + E)
6 Cubic Yard Bin
Unit Cosy x Accounts = Total Cost
A.) 1 pick up per week
x =
B.) 2 pick ups per week
x =
C.) 3 pick ups per week
x =
D.) 4 pick ups per week
x =
E.) 5 pick ups per week
x =
SUB TOTAL (A + B + C + D + E)
Attachment D
Total Cost Schedule
Temporary Bin /Box
2 Cubic Yard Bin Unit Cost x Accounts = Total Cost
A.) Daily x =
B.) Weekly x =
C.) Weekend x =
SUB TOTAL (A + B + C)
3 Cubic Yard Bin Unit Cost x Accounts = Total Cost
A.) Daily x
B.) Weekly x
C.) Weekend x
SUB TOTAL (A + B + C)
4 Cubic Yard Bin Unit Cost x Accounts = Total Cost
A.) Daily x =
B.) Weekly x =
C.) Weekend x =
SUB TOTAL (A + B + C)
6 Cubic Yard Bin Unit Cost x Accounts = Total Cost
A.) Daily x =
B.) Weekly x =
C.) Weekend x =
SUB TOTAL (A + B + C)
Attachment D
Total Cost Schedule
Unit Cost x Accounts' = Total Cost
10 Cubic Yard Box
A.) Daily x =
B.) Weekly x =
C.) Weekend x =
SUB TOTAL (A + B + C)
20 Cubic Yard Box
A.) Daily x =
B.) Weekly x =
C.) Weekend x =
SUB TOTAL (A + B + C)
30 Cubic Yard Box
A.) Daily x =
B.) Weekly x =
C.) Weekend x =
SUB TOTAL (A + B + C)
40 Cubic Yard Box
A.) Daily x =
B.) Weekly x =
C.) Weekend x =
SUB TOTAL (A+ B + C)
Attachment D
Total Cost Schedule
Standard Residential Service (Refuse, Recycling, Green Waste)
SUB TOTAL (A + B + C + D)
Standard Commercial Service
96 gallon Containers
SUBTOTAL(A +B +C +D +E)
2 Cubic Yard Bin
SUB TOTAL (A + B + C + D + E)
3 Cubic Yard Bin
SUB TOTAL (A + B + C + D + E)
4 Cubic Yard Bin
SUB TOTAL (A + B + C + D + E)
6 Cubic Yard Bin
SUB TOTAL (A + B + C + D + E)
Standard Multi - Familv Service
96 gallon Containers
2 Cubic Yard Bin
3 Cubic Yard Bin
4 Cubic Yard Bin
6 Cubic Yard Bin
Temporary Bin /Box
2 Cubic Yard Bin
3 Cubic Yard Bin
4 Cubic Yard Bin
6 Cubic Yard Bin
10 Cubic Yard Box
20 Cubic Yard Box
30 Cubic Yard Box
40 Cubic Yard Box
SUB TOTAL (A + B + C + D + E)
SUB TOTAL (A + B + C + D + E)
SUB TOTAL (A + B + C + D + E)
SUB TOTAL (A + B + C + D + E)
SUB TOTAL (A + B + C + D + E)
SUB TOTAL (A + B + C)
SUB TOTAL (A + B + C)
SUB TOTAL (A + B + C)
SUB TOTAL (A + B + C)
SUB TOTAL (A + B + C)
SUB TOTAL (A + B + C)
SUB TOTAL (A + B + C)
SUB TOTAL (A + B + C)
GRAND TOTAL
Request For Proposal — Solid Waste and Recycling Collection Services
Page 28
ATTACHMENT E
Draft Contract
28
CITY OF ROSEMEAD
SOLID WASTE /RECYCLING SERVICES AGREEMENT
1. PARTIES AND DATE
This Agreement is made and entered into this by
and between the City of Rosemead, a municipal organization organized under the laws
of the State of California with its principal place of business at 8838 E. Valley Blvd.,
Rosemead, California 91770 ( "City') and with its principal
place of business at ( "Contractor). . City and
Contractor are sometimes individually referred.to, herein as "Party" and collectively as
"Parties."
2. RECITALS
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of
certain professional services required by the City on the terms and conditions set forth
in this Agreement. Contractor represents that it is experienced in providing Solid
Waste /Recycling services to public clients, is licensed' in the State of California, and is
familiar with the plans of City.
3.
Scope
3.1.1 General' Scope of Services. Contractor promises and agrees to
furnish to the City all labor,' materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional Solid
Waste /Recycling necessary for the Services ( "Services "). The Services, or scope of
work are more particularly described in Exhibit "A" attached hereto and incorporated
herein by reference> All Services shall be subject to, and performed in accordance with,
this Agreement, the exhibits attached hereto and incorporated herein by reference, and
all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. Unless earlier terminated in accordance with Section 16 of
this Agreement, the Term of this Agreement shall be for a period of ten (10) years, with
option for renewal for two (2) one -year periods, on an annual basis, based on the
Contractor performance. The Term shall commence after City Council approval, upon
receipt and approval of all required bonds and insurance and final execution of the
1
Agreement by both parties, hereby set on: August 1, 2013. The extensions will
commence upon the expiration of the initial term upon approval by the City Council,
unless the City notifies Contractor in writing at least one hundred eight (180) days
before the end of the initial term. For purpose of this Agreement, the term ( "Effective
Date') shall refer to August 1, 2013, which is the date that solid waste /recycling
collection services are to begin under this Agreement.
New additional Solid Waste /Recycling needs, as developed or assumed by the City, may
be added to the maintenance Agreement. Such additional scope-of work will be considered
change orders to the initial Agreement, and the value will be based on unit prices provided
in Exhibit D, if applicable, and /or negotiated between the two parties of the Agreement.
In compliance with all terms and conditions of this
Solid Waste /Recycling and maintenance services
compliance with the requirements of Exhibit A
addresses of the City buildings, facilities and park
shall be performed at least as frequently as specifi(
Schedule). The City shall have the right to .a
necessary to ensure highest industry standards of`
required performing the work remains the same. �
:)ecifically descri
;ope' of Work).';
are listed in Exh
in Exhibit C (Mai
at the request of City as long as the total hours requin
same. Maintenance unit prices and` costs are contai
Exhibit E is a copy of the Contractors proposal and F
included as part of this Agreement. All of the Exhibits
incorporated into, this Agreement by reference.
As a material inducemer
and warrants that Contra(
experienced in performini
status and experience, C
standards in performing tl
be of good quality, fitfor
phrase "highest professio
by one or more first -class
)r shall perform the
ad in, and in strict
The locations and
it B. The services
tenance Frequency
luency of maintenance as
e, as long as the total hours
of areas can be substituted
arming the work remains the
Exhibit D (Bid Unit Prices).
For Proposal and is hereby
isidered to be a part of, and
to the City entering into this Agreement, Contractor represents
Dr is a provider of first class work and services and Contractor is
the work and services contemplated herein and, in light of such
mtractor covenants that it shall follow the highest professional
work and services required hereunder and that all materials will
:he purpose intended. For the purpose of this Agreement, the
al standards" shall mean those standards of practice recognized
rms performing similar work under similar circumstances.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor.
The Services shall be performed by Contractor or under its supervision. Contractor will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Contractor on an independent contractor
basis and not as an employee. Contractor retains the right to perform similar or
different services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Contractor shall also not be
employees of City and shall at all times be under Contractor's exclusive direction and
2
control. Contractor shall pay all wages, salaries, and other amounts due such
personnel in connection with their performance of Services under this Agreement and
as required by law. Contractor shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes,
income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services. Contractor
expeditiously, within the term of this Agreement, and in ac
Services set forth in Exhibit "C" attached hereto and incc
Contractor represents that it has the professional and to
perform the Services in conformance with such cond
Contractor's conformance with the Schedule, City sl
submittals in a timely manner. Upon request of City, CZ
detailed schedule of anticipated performance to meet the
3.2.3 Conformance to App]
Contractor shall be subject to the approval
3.2.4 Substitution of K
that certain key personnel will PE
Agreement. Should one or more of
may substitute other personnel of at
City. In the event that City and Cor
shall perform the Services
Drdance with the Schedule of
porated herein by reference.
hnical personnel required to
ions. In order to facilitate
III respond to Contractor's
itractor.shall provide a more
/_1II
so
Personnel. Contractor has represented to City
rm and coordinate the Services under this
personnel, City shall be entitled to terminat
below, any personnel who fail or refuse to p+
to the City, or who are determined by the
threat to the adequate or timely' completion
persons or property, shall be promptly remc
City.
sonnel become unavailable, Contractor
al competence upon written approval of
mot agree as to the substitution of key
is Agreement for cause. As discussed
rm the Services in a manner acceptable
y to be uncooperative, incompetent, a
he Services or a threat to the safety of
by the Contractor at the request of the
3.2.5 City's Representative. The City hereby designates the Public
Works Director, or his or her designee, to act as its representative for the performance
of this Agreement ( "City's Representative "). City's Representative shall have the power
to act on behalf of the City for all purposes under this Contract. Contractor shall not
accept direction or orders from any person other than the City's Representative or his or
her designee.
3.2.6 - Contractor's Representative. Contractor hereby designates
as its designee, to act as its
representative for the performance of this Agreement ( "Contractor's Representative ").
Contractor's Representative shall have full authority to represent and act on behalf of
the Contractor for all purposes under this Agreement. The Contractor's Representative
shall supervise and direct the Services, using his best skill and attention, and shall be
responsible for all means, methods, techniques, sequences and procedures and for the
satisfactory coordination of all portions of the Services under this Agreement.
3
3.2.7 Coordination of Services. Contractor agrees to work closely with
City staff in the performance of Services and shall be available to City's staff,
Contractors and other staff at all reasonable times.
3.2.8 Standard of Care, Performance of Employees. Contractor shall
perform all Services under this Agreement in a skillful and competent manner,
consistent with the standards generally recognized as being employed by professionals
in the same discipline in the State of California. Contractor represents and maintains
that it is skilled in the professional calling necessary to perform the Services. Contractor
warrants that all employees and subcontractors shall have sufficient skill and
experience to perform the Services assigned to them. Finally, Contractor represents
that it, its employees and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, including
a City Business License, and that such licenses and approvals, shall be maintained
throughout the term of this Agreement. As provided for the indemnification provisions
of this Agreement, Contractor shall perform, at its own cost and expense and without
reimbursement from the City, any services, necessary to correct errors or omissions
which are caused by the Contractor's failure to comply with the standard of care
provided for herein. Any employee of the Contractor or its sub - Contractors who is
determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the services, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the ,Services in a manner acceptable to the
City, shall be promptly removed by the Contractor and shall not be re- employed to
perform any of the Services or to work as part of this Agreement.
3.2.9 Laws and Regulations. Contractor shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance the Services, including all Cal /OSHA requirements,
and shall give all notices required by law. Contractor shall be liable for all violations of
such laws and regulations in connection with Services. If the Contractor performs any
work knowing it to be contrary to such laws, rules and regulations and without giving
written notice to the City, Contractor, shall be solely responsible for all costs arising
therefrom. Contractor shall defend, indemnify and hold City, its officials, directors,
officers, employees and agent0ree and harmless, pursuant to the indemnification
provisions of this Agreement, from any claim or liability arising out of any failure or
alleged failure to comply with such laws, rules or regulations.
3.2.1
3.2.10.1 Time for Compliance. Contractor shall maintain prior
to the beginning of and for the duration of this Agreement insurance coverage as
specified in Exhibit F attached to and part of this agreement.
3.2.11 Safety. Contractor shall execute and maintain its work so as
to avoid injury or damage to any person or property. In carrying out its Services, the
Contractor shall at all times be in compliance with all applicable local, state and federal
laws, rules and regulations, and shall exercise all necessary precautions for the safety
rd
of employees appropriate to the nature of the work and the conditions under which the
work is to be performed. Safety precautions as applicable shall include, but shall not be
limited to: (A) adequate life protection and life saving equipment and procedures; (B)
instructions in accident prevention for all employees and subcontractors, such as safe
walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space
procedures, trenching and shoring, equipment and other safety devices, equipment and
wearing apparel as are necessary or lawfully required to prevent accidents or injuries;
and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, for all
Services rendered under this Agreement at the rates set forth in Exhibit B attached
hereto and incorporated herein by reference.
3.3.2 Reimbursement for Expenses. Contractor shall
for any expenses unless authorized in writing by City.,
3.3.3 Extra Work. At any time during the term of this Agreement, City
may request that Contractor perform Extra Work. As used herein, "Extra Work" means
any work which is determined by City to be necessary for the proper completion of the
work, but which the parties did not reasonably anticipate would be necessary at the
execution of this Agreement. Contractor shall not perform, nor be compensated for,
Extra Work without written authorization from Citv's Representative.
3.3.4 Prevailing Wages. Contractor is aware of the requirements of
California Labor Code, Section 1720, et seq.; and 1770, et seq., as well as California
Code of Regulations, Title 8, Section 1600, et seq., ( "Prevailing Wage Laws "), which
require the payment of ,prevailing wage rates and the performance of other
requirements on "public works" and "maintenance ". If the Services are being performed
as part of an applicable `'public works' or "maintenance ", as defined by the Prevailing
Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully
comply with such Prevailing; Wage Laws. City shall provide Contractor with a copy of
the prevailing rates of per diem wages in effect at the commencement of this
Agreement. Contractor shall make copies of the prevailing rates of per diem wages for
each craft, classification or type of worker needed to execute the Services available to
interested parties upon request. Contractor shall defend, indemnify and hold the City,
its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws.
3.3.5 Franchise Fee Payments. Contractor shall pay an annual franchise
fee equal to ten percent (10 %) of gross receipts collected in the performance of solid
waste activities. The annual franchise fee remittance shall be a minimum of $500,000
(five hundred thousand dollars) per year. Such franchise fee will serve to reimburse
the City for time spent managing this contract, ensuring compliance with State /Local
5
recycling laws, completing projects to deal with water quality /national pollutant
discharge emission system requirements, and solid waste vehicle impacts to City roads.
At no time shall this franchise fee be added to customer billing statements or otherwise
passed onto customers. Each quarterly payment and accompanying reports shall be
submitted on or before the 15th day of the month following the end of the quarter (i.e.
report due January 15 for first after the Effective Date). Such payments will be remitted
to:
City Manager
City of Rosemead
8838 East Valley Blvd
Rosemead, CA 91770
3.3.6 Upfront Franchise Fee. Cor
prior to the start of the Agreement and in reco
not extending its existing Solid Waste /Recyclin
be $1,600,000 (one million six hundred the
execution of the Agreement or not later than
remitted to:
City Manager
City of Rosemead'
8838 East Valley I
Rosemead, CA 91
II pay an upfront franchise fee
sed franchise fees by the City
nt. Upfront franchise fee shall
Ilars) and will be` due upon
2012. Such payment will be
3.3.8. Prevailing Wages. Contractor is aware of the requirements of
California Labor Code Section 1720, et seq.,, and 1770, et seq., as well as California
Code of Regulations` .
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Contractor shall allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Contractor shall allow inspection of all work, data, documents, proceedings,
and activities related,to' the Agreement for a period of ten (10) years from the date of
final payment underthis Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice
to Contractor, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Contractor of such termination, and specifying the
6
effective date thereof, at least one hundred eighty (180) days before the effective date
of such termination. Upon termination, Contractor shall be compensated only for those
services which have been adequately rendered to City, and Contractor shall be entitled
to no further compensation. Contractor may not terminate this Agreement except for
cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated
as provided herein, City may require Contractor to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Contractor in
connection with the performance of Services under this Agreement., Contractor shall be
required to provide such document and other information within fifteen (15) days of the
request.
3.5.1.3 Additional:
terminated in whole or in part as provided h
and in such manner as it may be appropriate,
3.5.2 Delivery of Notices. All notice
Agreement shall be given to the respective parties
other address as the respective parties may provide
CONTRACTOR:
n the event this Agreement is
may procure, upon such terms
milar to those terminated.
pitted or required under this
following address, or at such
ing for this purpose:
Such notice shall be deemed made when personally delivered or when mailed,
forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the;, party at ` its applicable address. Actual notice shall be deemed
adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property.
This Agreement creates a non - exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual
property embodied in plans, specifications, studies, drawings, estimates, and other
documents or works of authorship fixed in any tangible medium of expression, including
but not limited to, physical drawings or data magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Contractor under
7
this Agreement ( "Documents & Data "). Contractor shall require all subcontractors to
agree in writing that City is granted a non - exclusive and perpetual license for any
Documents & Data the subcontractor prepares under this Agreement. Contractor
represents and warrants that Contractor has the legal right to license any and all
Documents & Data. Contractor makes no such representation and warranty in regard to
Documents & Data which were prepared by design professionals other than Contractor
or provided to Contractor by the City. City shall not be limited in any way in its use of
the Documents and Data at any time, provided that any such use not within the
purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents and Data either created by or provided to
Contractor in connection with the performance of this Agreement shall be held
confidential by Contractor. Such materials shall not, without the prior written consent of
City, be used by Contractor for any purposes other than the performance of the
Services. Nor shall such materials be disclosed to any person or entity not connected
with the performance of the Services. Nothing ,furnished to Contractor which is
otherwise known to Contractor or is generally known, or has become known, to the
related industry shall be deemed confidential. Contractor shall not use City's name or
insignia, or any publicity pertaining ,to the Services in any magazine, trade paper,
newspaper, television or radio production or other similar medium without the prior
written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with
one another, and shall take any additional acts or sign any additional documents as
may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the
other party, either legal, administrative or otherwise, arising out of or in connection with
this Agreement, the, ,party in such litigation shall be entitled to have and
recover from the losing party reasonable attorney's fees and all other costs of such
` 3.5.6 Indemnification. Contractor shall defend, indemnify and hold the
City, its officials, officers, employees, volunteers and agents free and harmless from any
and all claims, demands, causes of action, costs, expenses, liability, loss, damage or
injury, in law or equity, to property or persons, including wrongful death, in any manner
arising out of or incident to any alleged acts, omissions or willful misconduct of
Contractor, its officials, officers, employees, agents, Contractors and contractors arising
out of or in connection with the performance of the Services or this Agreement,
including without limitation the payment of all consequential damages and attorneys
fees and other related costs and expenses. Contractor shall defend, at Contractor's own
cost, expense and risk, any and all such aforesaid suits, actions or other legal
proceedings of every kind that may be brought or instituted against City, its directors,
officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any
judgment, award or decree that may be rendered against City or its directors, officials,
N
officers, employees, .agents or volunteers, in any such suit, action or other legal
proceeding. Contractor shall reimburse City and its directors, officials, officers,
employees, agents and /or volunteers, for any and all legal expenses and costs incurred
by each of them in connection therewith or in enforcing the indemnity herein provided.
Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, its directors, officials officers, employees, agents or volunteers.
3.5.7. Contractor Responsibility. Contractor shall be responsible for any
damages caused as a result of Contractors acts or omissions including, but not limited
to injuries to or death of any person or damage to public and /or private property and
damages public improvements as a result of Contractors placement and retrieval of the
solid waste containers. City shall refer complaints about damage to private property,
including common areas in common -area subdivisions, to Contractor. Contractor shall
promptly repair, or arrange for the repair of, all damage to private property caused by its
employees at Contractor's sole expense. Contractor shall "use commercially reasonable
efforts to prevent damage to all streets over, which its collection equipment may be
operated, and Contractor shall obtain all required approvals for operation of its
Collection vehicles on private streets. Contractor shall use commercially reasonable
efforts to prevent spills of fuel, fluids (such as oil; hydraulic fluid, brake fluid, etc.) on
streets, and if such a spill occurs, Contractor shall within 1 hour notify the City (including
the Director of Public Works or his /her designee) and all proper regulatory authorities of
said spill and release of fluids, and `shall clean, at Contractor's expense, the spilled
fluids in coordination with, and to the satisfaction of, City and applicable regulatory
agencies. Upon a release of such fluids, the driver, shall immediately park the vehicle
and it shall remain parked until the leak is repaired. In such event Contractor shall not
park the leaking vehicle within two hundred (200) feet of a storm drain and shall utilize
absorbent, sand bags or other appropriate means to prevent leaking fluids from entering
storm drains. In the event of any type of spilljor`other emergency, Contractor shall be
responsible for securing the immediate safety of the vehicle driver, all other employees
of Contractor and all persons' and property in the surrounding vicinity.
3.5.8 Hazardous Substance Indemnification. Contractor shall indemnify
the Indemnified Parties from and against all claims, actual damages including, but not
limited to,, special and consequential damages, natural resource damage, punitive
damages, injuries, costs, response, remediation, and removal costs, losses, demands,
debts, liens, liabilities, causes of action, suits, legal or administrative proceedings,
interest, fines, charges, penalties and expenses attorneys' and expert witness fees and
costs incurred in connection with defending against any of the foregoing or in enforcing
this indemnity of any kind whatsoever paid, incurred or suffered by, or asserted against,
the Indemnified Parties or Contractor arising directly or indirectly from or caused by any
of the following: (i) the violation of any Environmental Laws or the failure to clean up and
mitigate the consequences of the spill or release of any Hazardous Substance; and (ii)
Contractor's activities under this Agreement concerning any Hazardous Substance at
any place where Contractor stores or disposes of solid or hazardous waste pursuant to
this Agreement, or preceding Agreements between City and Contractor. The foregoing
indemnity is intended to operate as an agreement pursuant to the Comprehensive
Environmental Response, Compensation and Liability Act 42. U.S.C. Section 9607(e)
E
and any amendments thereto; California Health and Safety Code Section 25364, to
insure, protect, hold harmless, and indemnify City from liability.
As used herein, the term "Environmental Laws" shall mean "any and all present and
future federal, state or local laws (whether common law, statute, rule, regulation or
otherwise), permits, orders and any other requirements of Governmental Authorities
relating to the environment or any "Hazardous Substance" or "Hazardous Substance
Activity" (as defined herein) (including; without limitation, the Comprehensive
Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §§ 9601
et seq.) as amended from time to time and the applicable provisions of the California
Health and Safety Code and California Water Code).
As used herein, the term "Hazardous Substance" shall mean "any (a) chemical,
compound, material, mixture or substance that is now or hereinafter defined or listed in,
or otherwise classified pursuant to any Environmental Law as a "hazardous substance ",
"hazardous material," "hazardous waste," "extremely hazardous waste," "infectious
waste," "toxic waste," "toxic pollutant," or any other formulation intended to define, list or
classify substances by reason of deleterious her
or; affect and (b) petroleum,
petroleum by- products, natural gas, natural gas liquids, liquefied natural gas, synthetic
gas usable for fuel (or mixtures of natural gas in such synthetic gas), ash, municipal
solid waste, steam, drilling fluids, produced waters and other wastes associated with the
exploration, development and production of crude oil, natural gas or geothermal
resources."
3.5.9.. AB 939; Indemnification. Contractor agrees to meet the diversion
requirements set forth in Section 3.7 of this Agreement and all requirements of City's
Source Reduction and Recycling Element as to the portion of the solid waste stream
handled by Contractor. Contractor agrees to protect, defend, indemnify, and hold City
harmless against all fines or penalties imposed by the California Integrated Waste
Management Board,, or other entity, arising from the failure of Contractor to meet the
diversion requirements set forth in Section 3.7 of this Agreement and the Integrated
Waste Management Act diversion requirements with respect to the portion of the solid
waste stream collected by Contractor.
3.5.10. Entire Agreement. This Agreement contains the entire Agreement
of the parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Agreement may only be modified by
a writing signed by both parties.
3.5.11. Governing Law. This Agreement shall be governed by the laws of
the State of California. Venue shall be in Los Angeles County.
3.5.12. Time of Essence. Time is of the essence for each and every
provision of this Agreement.
10
3.5.13. City's Right to Employ Other Contractors. City reserves the right
to employ other Contractors in connection with Solid Waste /Recycling Services.
3.5.14. Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.15. Assignment or Transfer. Contractor shall not assign, hypothecate,
or transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.17. Construction; References; Captic
agents have participated fully in the preparation of this
Agreement shall be construed simply, according to its'`
or against any Party. Any term referencing time, days
be deemed calendar days and not work days. All refE
personnel, employees, agents, and subcontractors:of
specified in this Agreement. All references to City inch
employees, agents, and volunteers except as otherwi
The captions of the various articles and ,paragraphs a
reference only, and do not define, limit; augment, or
intent of this Agreement.
Since the Parties or their
eement, the language of this
meaning „and not strictly for
period for performance shall
ces to Contractor include all
itractor, except as otherwise
its elected officials, officers,
specified in this Agreement.
or convenience and ease of
cribe the scope, content, or
3.5.18. Amendment; Modification. No 'supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.19. Waiver. No waiver of any default shall constitute a waiver of any
other default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege; or service' voluntarily given or performed by a Party shall give the
other, Party any contractual rights,by custom, estoppel, or otherwise.
5.20. No Third Party Beneficiaries. There are no intended third party
any right or obligation assumed by the Parties.
3.5.21. Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.22. Prohibited Interests. Contractor maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Contractor, to solicit or secure this Agreement. Further, Contractor
warrants that it has not paid nor has it agreed to pay any company or person, other than
a bona fide employee working solely for Contractor, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. Contractor further agrees to file, or shall cause its
11
employees or sub - contractors to file, a Statement of Economic Interest with the City's
Filing Officer as required under state law in the performance of the Services. For
breach or violation of this warranty, City shall have the right to rescind this Agreement
without liability. For the term of this Agreement, no member, officer or employee of City,
during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.23. Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer and it shall. not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex or age. Such non - discrimination shall include, but not be
limited to, all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination.' ';Contractor shall also
comply with all relevant provisions of City's Minority Business Enterprise program,
Affirmative Action Plan or other related programs 'or guidelines currently in effect or
hereinafter enacted.
3.5.24. Labor Certification. By its.signature hereunder, Contractor certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker's Compensation or to
undertake self- insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Services.
3.5.25. Authority to Enter Agreement. Contractor has all requisite power
and authority to conduct its business and to execute, and perform the
Agreement. Each Party warrants that the individuals who have signed this Agreement
have the legal power, right, and authority to make this Agreement and bind each
respective Party.
each of
MiKel
1 Prior
portion of the we
without prior writt
making them subj
IN WITNESS WH
day and year first
may be signed in counterparts,
`'Approval Required. Contractor shall not subcontract any
aired by this Agreement, except as expressly stated herein,
roval of City. Subcontracts, if any, shall contain a provision
11 provisions stipulated in this Agreement.
=, the parties have caused this Agreement to be executed on the
above. .
3.7 Disposal /Recycling of Materials.
3.7.1 Disposal. Except as expressly provided in this Section, Contractor shall
comply with all recycling and diversion requirements imposed by law, ordinance, or
regulation on the City and /or Contractor. On a quarterly basis, Contractor shall divert fifty -
five percent (55 %) of all solid waste collected by Contractor from landfills. In no event shall
Contractor deposit forty -five percent (45 %) or more of the solid waste collected pursuant to
12
this Contract at any landfill during any calendar quarter.
In the event new or additional diversion requirements are imposed by law, ordinance or
regulation on City and /or Contractor, the City shall have the right to require Contractor
to divert additional solid waste from landfills by providing Contractor with ten (10) days
written notice of the new diversion requirements. On or before the 30th day of the
month following the end of the previous calendar month, Contractor shall provide all
documents and information designated by the Public Works Director to prove that
Contractor has complied with this subsection, any applicable law, ordinance, regulation,
or condition related to recycling and diversion of solid waste.
3.7.2 Approved Facility. Contractor shall dispose of solid waste collected or
transported by Contractor only by taking such solid waste to'a State certified /licensed
landfill, State certified /licensed transfer station, State certified /licensed recycling facility
or State certified /licensed materials recovery facility which is lawfully authorized to
accept that specific type of solid waste material. Contractor shall not dispose of solid
waste by depositing it on any land, (except a permitted facility) whether public or private,
or in any river, stream or other waterway, or in any sanitary sewer or storm drainage
system. Nothing in this Contract shall be deemed or construed as authorizing
Contractor to operate a landfill, recycling center, or other solid waste disposal facility.
3.7.3 Flow Control. All solid waste,; in addition to recyclables, collected by
Contractor shall become the property of Contractor, upon placement by the customer for
collection. If Contractor violates the terms above; Contractor agrees that the City has
the future right to direct that solid waste be delivered to a permitted disposal facility
designated by City. This exercise of "flow control" by the City shall be made upon at
least 30 days priori written notice to Contractor, and written notice shall include the
violation(s) prompting the City's action regarding "flow control." Failure to comply with
the recycling /diversion requirements I and> "delivery/disposal of materials to a
certified /licensed facility shall be a material breach of this Contract.
3.7.4 Safety. Contractor shall implement a load check program that includes, at
a minimum, a visual check of all containers to be emptied to protect against inclusion of
hazardous waste and shall; prepare a written record of all hazardous waste discovered
during the process. The records shall comply with all State and Federal Hazardous
Waste Regulations, shall be maintained for the length of the term of the Contract, and
shall be provided to the City on or before the 15th day of the month following the end of
the previous calendar. month.
3.8 Solid Waste and Recycling Collection Equipment
3.8.1 Containers. Any and all containers provided to customers of Contractor
for storage, collection or transportation of solid wastes shall meet the requirements
designated by the Public Works Director as well as State of California minimum standards
for solid waste handling established under Public Resources Code Section 43020 and
applicable health requirements. The Public Works Director shall have the right to approve
the color of containers, manufacturer of containers, and lettering and decals used on
13
containers. Contractor shall repair or replace any container which is damaged, broken, lost
or stolen with a container approved by the Public Works Director at no cost.
All containers and all vehicles used by Contractor in the performance of solid waste
handling services shall be marked with Contractor's name and telephone number in
letters which are easily read by the general public. All solid waste containers used in the
performance of this Contract shall be kept clean and in good repair to the satisfaction of
the Public Works Director. Contractor shall also regularly inspect containers and bins
and be responsible for the prompt removal of graffiti from such containers /bins.
3.8.2 Equipment. The vehicles used purse
the name of the Contractor, the Contractor's local tele
vehicle identification number for each vehicle prominei
vehicles. The vehicles shall also display a statement a:
being used. The Contractor shall use alternative fuel v,
Coast Air Quality Management District for fully autome
Vehicles shall meet all requirements specified 1per ,AQME
residential collection services must be fully automated si
a fully mechanized arm to pick up and dump automate
Drivers should not exit the vehicle to assist with securinc
containers into, the refuse collection truck. Contractor 'c
number of vehicles and such equipment as will be
transportation and disposal services which it is a&
Contract. All vehicles utilized by Contractor in the perfon
registered with the California Department of Motor Vehic
required periodic California Highway Patrol biennial ins)
Within fifteen (15) days of the BIT inspection, Contracto
of the terminal(s) responsible for the maintenance and r
City. All vehicles and equipment used by Contractor in tf
shall be subject to - inspection by the City upon twenty
Public Works Director. All vehicles shall be properly mail
ant to this Contract shall have
)hone number, and a unique
tly displayed on all collection
Jo the type of alternative fuel
hicles approved by the South
ed refuse collection services.
Rule 1193.. Vehicles used for
e- loading refuse trucks, using
i waste collection containers.
the containers to, or lifting the
call, at all times, provide such
adequate for the collection,
)rized to provide under this
lance of this Contract shall be
s. All vehicles shall pass the
action of the terminals ( "BIT ").
shall provide records from all
pair of equipment used in the
performance of this Contract
'our (24) hours notice by the
tained, kept clean and in qood
repair, ana snail De unitormry paintea,,HU arivers empioyea Dy contractor ana operating
equipment in the City shall be properly licensed for the class of vehicle they drive,
enrolled in the Department of Motor Vehicles Employee Pull Notice (EPN) program, and
abide by all State and federal regulations for driver hours and alcohol and controlled
substances testing. Each vehicle shall be so constructed and used in a manner so that
no rubbish, garbage,, debris, oil, grease or other material will blow, fall, or leak out of the
vehicle. All solid waste shall be transported by means of vehicles which are covered in
such a manner as to securely contain all solid waste and to prevent such solid waste
from projecting, blowing, falling or leaking out of the vehicles. Any solid waste dropped
or spilled in collection, transfer or transportation shall be immediately cleaned up by
Contractor. A broom and a shovel shall be carried at all times on each vehicle for this
purpose. Should a hydraulic or other type of material spill occur as a result of collection
services, Contractor shall notify the City within 1 hour. Contractor shall not transfer
loads from one vehicle to another on any public street or private roadway, unless it is
necessary to do so because of mechanical failure or damage to a collection vehicle
which renders it inoperable and the vehicle cannot be towed. In addition, each collection
14
vehicle shall be equipped with trash bags, masking tape and notice of non- collection
tags for the purpose of separating hazardous waste for return to the generator.. A
communications device such as a two -way radio or a cellular telephone shall also be
maintained on each vehicle at all times.
3.8.3 Equipment Storage. Contractor shall not store any vehicle or
equipment on any public street, public right -of -way or other public property in the City of
Rosemead without obtaining a Encroachment Permit from the Public Works Department
and prior written consent of the Public Works Director.
3.8.4 Equipment Removal. Should the F
give written notification to Contractor that any veh
standards hereunder, the vehicle shall be promptly ren
and not used again until inspected and authorized
Director.
3.8.5 Equipment Maintenance:: All v
Contract shall be maintained and operated in co
statutes, rules and regulations. In performance of 1
or more vehicle, driver /operator or other citations tl
within a 12 month period shall be deemed to be
reports setting forth information regarding Contract
prepared on such form as required by the Public V1
shall be submitted on or before the 15th day, of
previous calendar quarter.
s Director at any time
not comply with the
service by Contractor
by the Public Works
is used in performance of this
lance with all applicable laws,
ntract, the issuance of four (4)
late in any way to this Contract
ch of this Contract. Quarterly
ahicles and equipment shall be
Director. Each quarterly report
ionth following the end of the
3.8.6. Litter Abatement: Contractor shall use due care to prevent any
waste material collected ,pursuant to this Contract from being spilled or scattered during
the collection or transportation process. If any waste material is spilled; Contractor shall
promptly clean up all spilled materials whether on private or public property. Contractor
shall clean' up existing litter, in the immediate vicinity of any collection container
(including the areas on private and;, public property where collection containers are
delivered for collection) whether or, not Contractor has caused the litter.
3.9 Records and Reports.
3.9.1. Submittal of Reports. Contractor shall submit to City monthly reports
setting forth any complaints (e.g. written or oral comments received by Contractor
expressing dissatisfaction with Contractor or any services provided by Contractor that
relate in any manner to this Contract); the total amount (in tons) of solid waste which
Contractor collected in the City of Rosemead during the reportable month; the total
weight (in tons) of solid waste disposed of by Contractor at landfills and transfer stations
which Contractor collected in the City of Rosemead during the reportable month; the
total weight and the weight by material category (in tons) of solid waste disposed of by
Contractor at recycling and materials recovery facilities during the reportable month
which Contractor collected in the City of Rosemead; the name and location of all solid
I&
waste and recycling facilities where City of Rosemead materials were delivered; and
such other tonnage or other information as requested by the Public Works Director
including, but not limited to, weigh tickets and recycling records. Such monthly reports
shall be prepared on such form as required by the Public Works Director. In addition,
on a quarterly basis, the Contractor shall submit to the City any equipment, terminal
safety, employee safety and inspection reports, citations, records and other documents
for all Contractor's operations and activities that relate in any way to this Contract
including, but not limited to, periodic California Highway Patrol biennial terminal
inspection reports; vehicle citations; California Highway Patrol Incident reports; citations
issued to drivers /operators; other citations issued to the Contractor or its employees;
California Occupational Safety and Health Administration 300 reports; and Lead
Environmental Agency inspection /compliance reports. Each quarterly report and
accompanying reports /citations shall be submitted on or before the 15th day of the
month following the end of the quarter (i.e. report due January 15 for first quarter after
the Effective Date) and submitted to:
Public Works Director
City of Rosemead
8838 East Valley Blvd
Rosemead, CA 91770
Contractor shall comply with all recycling
ordinance, or regulation on the City. Mont
solid waste which Contractor landfilled, re
a fifty -five (55 %) diversion rate as requir
monthly reports will be evaluated for AB
recycling and diversion requirements shall
3.10 Labor and Performance Bond.
diversion requirements imposed by law,
;ports stating the total amount (in tons) of
:d and collected should accurately reflect
y the City.' At the end of each quarter,
compliance. Failure to comply with the
i material breach of this Contract.
3.10.1. Bond Required. Contractor shall furnish, concurrently with the
Effective Date of this Agreement, a bond or other instrument satisfactory to the City in an
amount equal to one hundred percent (100 %) of six months of the contract price /amount
under this Agreement in any one year as security for the faithful performance of this
Agreement: The Labor and `Performance Bond shall remain in effect throughout the term of
this Agreement_
3.11. Customer' Service /Billing.
3.11.1. General. Contractor shall be responsible for general customer service
including responding to customer inquiries and keeping the City informed of problems that
arise. Quarterly customer bill for services must be submitted and collected by the
Contractor in advance of 3- months service. A 30 -day grace period shall be provided to
customers prior to the charge of any late fee or penalty.
3.11.2. Outreach. Contractor shall be responsible for providing outreach bill
inserts describing program, services and events. Company shall include such program
16
information inserts at least twice annual with. the approval of the City prior to distribution.
3.11.3. Surveys. Contractor shall be responsible for conducting a customer.
service survey at the completion of six (6) months, and every year thereafter. City will
provide a list of questions to be used in the survey. Contractor shall be responsible for all
costs related to the preparation and mailing of the survey to customers. All survey replied
will be mailed directly from the resident to the City, via business reply mail. Survey results
will be shared with Contractor.
3.11.4. Staffing /Local Office. Contractor shall provide at least one (1)
dedicated staff member to respond to service inquiries. Such person will be housed at the
City's Chamber of Commerce Offices (Phone Number: (626) 288 -0811) for a minimum of
20 hours per week. Such service shall be initiated at least two (2) weeks prior to the
Effective Date and remain in place during the life of the contract. Any rent costs that are
included with this service shall be determined directly between the Chamber of Commerce
and the Contractor and shall not be part of this contract.
3.11.5. Community Involvement. Contractor shall be an exemplary corporate
citizen to the Rosemead Community. Such actions should be demonstrated through
involvement and contributions to non- profit groups in the community.
3.11.6 Senior /Disabled
hardship rate to residential custorr
charge customers for this service in
the contractor and bill customers di
20% (twenty percent) off the! regular
or disabled person meets City requ
income level reouirements).
intractor shall provide a senior /disabled
equest such service. Contractor may
With the service unit prices provided by
e rate 'for this service shall be reduced
customer rate, provided that the senior
based on HUD - approved low- moderate
3.12.1. Notice. Failure of the Contractor to strictly comply with each and
every term and condition of this Agreement will result in damages being sustained by the
City. Such damages are, and will continue to be, impracticable and extremely difficult to
determine. Contractor and City agree that any violations of the terms and conditions of this
Agreement shall be corrected within the time frame set forth by the City, in its sole
discretion, in the City's written Notice of Deficiency. For each and every violation noted in
the Notice of Deficiency that is not corrected within the time frame set forth in the Notice of
Deficiency, Contractor shall pay to the City, the sum of $250 per calendar day. Execution
of the contract shall constitute agreement by the Contractor and City that $250 per calendar
day in the minimum value of the costs and actual damage caused by failure of the
Contractor to comply with any term or condition of this Agreement, that such sum is
liquidated damages and shall not be construed as a penalty, and that such sum may be
deducted from payments due the Contractor.
17
LIST OF EXHIBITS
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Scope of Work
Locations of Service
Schedules
Unit Prices
Contractor Proposal and City Request for Proposal Document
Insurance
m
CITY OF ROSEMEAD
A Municipal Corporation
Approved by:
Jeff Allred
City Manager
ATTEST:
Reviewed and Accepted by Contractor:
W
0/Ilsl1ia
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will
maintain insurance in conformance with the requirements set forth below. Contractor
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, Contractor ,agrees to amend,
supplement or endorse the existing coverage to do so. Contractor acknowledges that
the insurance coverage and policy limits set forth in this section constitute the minimum
amount of coverage required. Any insurance proceeds available to City in excess of the
limits and coverage required in this agreement and which is applicable to a given loss,
will be available to City.
Contractor shall provide the following types
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00,01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on ISO Business 'Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less that $1,000,000 per accident. If Contractor owns no vehicles, this
requirement may satisfied by anon - owned auto endorsement to the general liability
policy described above. if Contractor or Contractor's employees will use personal autos
in any way;as part of this ,Agreement, Contractor shall provide evidence of personal
auto liability coverage for each such person.
Workers Compensation on a state- approved policy form providing statutory benefits as
required bylaw with employer's liability limits no less than $1,000,000 per accident or
disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Contractor and "Covered Professional Services" as designated in the
policy must specifically include work performed under this agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay
on behalf of the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are
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admitted carriers in the state of California and with an A.M. Bests rating of A- or better
and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and City agree to the following with respect to insurance provided by
Contractor:
1. Contractor agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insured City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Contractor also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contractor, or Contractor's employees, or agents, from waiving the right
of subrogation prior to a loss. Contractor agrees to waive subrogation rights
against City regardless of the applicability, of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and _limits provided by Contractor and available or
applicable to this agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any,other agreement relating to
the City or its operations limits the application of such insurance coverage.
4. None of the coverages required I herein will be in compliance with these
requirements if'they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so- called "third party action over' claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
All coverage types and limits "required are subject to approval, modification and
additional requirements by the City, as the need arises. Contractor shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect City's protection without City's
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Contractor's general liability policy, shall be delivered to City at
or prior to the execution of this Agreement. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled
at any time and no replacement coverage is provided, City has the right, but not
the duty, to obtain any insurance it deems necessary to protect its interests under
this or any other agreement and to pay the premium. Any premium so paid by
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City shall be charged to and promptly paid by Contractor or deducted from sums
due Contractor, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of
any cancellation of coverage. Contractor agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, or that any
party will "endeavor" (as opposed to being required) to comply with the
requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to apply
first and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10. Contractor agrees to ensure that sub - contractors, and any other party involved
with these services, that is brought 'onto or involved in these services by
Contractor, provide the same minimum insurance coverage required of
Contractor. Contractor agrees to monitor and" review all such coverage and
assumes all responsibility for ensuring that such coverage is provided in
conformity with the requirements of this section. Contractor agrees that upon
request, all agreements with' subcontractors and , others engaged in these
services will be submitted to City for review.
11. Contractor agrees not to self- insure or to use any self - insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer or other
entity or person in any way involved in the performance of work contemplated by
this agreement to self - insure its obligations to City. If Contractor's existing
coverage includes a deductible or self- insured retention, the deductible or self -
insured retention must be declared to the City. At that time the City shall review
options with the Contractor, which may include reduction or elimination of the
deductible or self- insured retention, substitution of other coverage, or other
solutions.
12.The City reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the Contractor ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
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14.Contractor acknowledges and agrees that any actual or alleged failure on the
part of City to inform Contractor of non - compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
15.Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to
this agreement. This obligation applies whether or not the agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
City executes a written statement to that effect.
16. Contractor shall provide proof that policies of insurance, required herein expiring
during the term of this Agreement have been ,renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Contractor's insurance agent to this effect is acceptable. A certificate of
insurance and /or additional insured` endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
City within five days of the expiration of the coverages.
17.The provisions of any workers' compensation or similar act will not limit the
obligations of Contractor under this agreement. Contractor expressly agrees not
to use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
insurance requirements are intended to be separate and distinct from any
rrovision in this agreement and are intended by the parties here to be
ited as such.:,
20.The requirements in this Section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this Section.
21. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with this Agreement reserves the right to charge City or
Contractor for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
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Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
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