HomeMy WebLinkAboutAllied Waste Services (now Republic Services) - Franchise - Multi-Family and Commercial Solid Waste, Recyclable Materials, and Organic Materials Services in Service Area No.1FRANCHISE AGREEMENT
BETWEEN
THE CITY OF FRESNO
AND
ALLIED WASTE SERVICES OF FRESNO
FOR
MULTI-FAMILY AND COMMERCIAL SOLID WASTE,
RECYCLABLE MATERIALS,AND
ORGANIC MATERIALS SERVICES
IN SERVICE AREA NO.1
September 8, 2011
Table of Contents
RECITALS 1
ARTICLE 1.DEFINITIONS 2
ARTICLE 2.REPRESENTATIONS AND WARRANTIES OF THE CONTRACTOR..12
2.1 CORPORATE STATUS 12
2.2 CORPORATE AUTHORIZATION 12
2.3 AGREEMENT WILL NOT CAUSE BREACH 12
2.4 NO LITIGATION 12
2.5 NO ADVERSE JUDICIAL DECISIONS 13
2.6 NO LEGAL PROHIBITION 13
2.7 CONTRACTOR'S STATEMENTS 13
2.8 CONTRACTOR'S INVESTIGATION 13
2.9 ABILITY TO PERFORM 13
2.10 VOLUNTARY USE OF DESIGNATED FACILITIES 13
ARTICLE 3.TERM OF AGREEMENT 14
3.1 EFFECTIVE DATE AND COMMENCEMENT DATE 14
3.2 CONDITIONS TO EFFECTIVENESS OF AGREEMENT 14
3.3 TERM 14
3.4 OPTION TO EXTEND TERM 15
ARTICLE 4.SCOPE OF AGREEMENT 15
4.1 SCOPE OF AGREEMENT 15
4.2 LIMITATIONS TO SCOPE 16
4.3 SUBCONTRACTING 18
4.4 OWNERSHIP OF MATERIALS 18
4.5 CITY-DIRECTED CHANGES TO SCOPE 18
4.6 CITY'S RIGHT TO PERFORM SERVICES AND POSSESS EQUIPMENT .21
4.6.1 General 21
4.6.2 Duration of City's Possession 22
4.7 TRANSITION TO NEXT CONTRACTOR AT END OF AGREEMENT 23
4.8 CITY FREE TO NEGOTIATE WITH THIRD PARTIES 23
ARTICLE 5.COLLECTION SERVICES 23
5.1 SOLID WASTE COLLECTION 23
5.1.1 General 23
5.1.2 Multi-Family Premises 23
5.1.3 Commercial Premises 24
5.2 RECYCLABLE MATERIALS COLLECTION 24
5.2.1 General 24
5.2.2 Multi-Family Premises 25
5.2.3 Commercial Premises 25
5.3 ORGANIC MATERIALS COLLECTION 25
5.3.1 General 25
-.3.2 Multi-Family Premises 26
5.3 .3 Commercial Premises 26
5.4 COLLECTION FROM CITY FACILITIES 26
5.5 COLLECTION FROM SPECIAL EVENTS 27
5.6 ABANDONED WASTE COLLECTION 27
ARTICLE 6.PROCESSING AND DISPOSAL 28
6.1 RECYCLABLE MATERIALS PROCESSING 28
6.2 ORGANIC MATERIALS PROCESSING 30
6.3 SOLID WASTE DISPOSAL 32
II
ARTICLE 7.OTHER SERVICES 33
7.1 PUBLIC EDUCATION 33
7.2 BILLING 34
7.3 CUSTOMER SERVICE PROGRAM :36
7.3.1 Program Requirements 36
7.3.2 Service Complaints 37
7.4 PROVISION OF EMERGENCY SERVICES 38
ARTICLE 8.STANDARDS AND REQUIREMENTS FOR SERVICES,EQUIPMENT,
AND PERSONNEL 38
8.1 COLLECTION HOURS AND SCHEDULES 38
8.2 COLLECTION STANDARDS 39
8.2.1 Implementation of Services 39
8.2.2 Servicing Containers 39
8.2.3 Weighing Materials Separately from Other Jurisdiction 39
8.2.4 Instructions to Customer 39
8.2.5 Overages 40
8.2.6 Care of Private Property .40
8.2.7 Litter Abatement 40
8.2.8 Noise 40
8.3 VEHICLE REQUIREMENTS 41
8.3.1 General 41
8.3.2 Specifications :41
8.3.3 Vehicle Identification 42
8.3.4 Inventory 42
8.3.5 Cleaning and Maintenance .42
8.3.6 Operation 43
III
8.4 CONTAINER REQUIREMENTS 43
8.5 PERSONNEL 44
8.6 HAZARDOUS WASTE INSPECTION AND HANDLING .46
8.7 NON-DISCRIMINATION 48·
8.8 COMMUNICATION AND COOPERATION WITH CITY 48
8.9 YEAR 5 CONTRACTOR PERFORMANCE REVIEW .48
8.10 YEAR 8 FRANCHISE SYSTEM REVIEW 51
ARTICLE 9.RECORD KEEPING AND REPORTING 52
9.1 GENERAL 52
9.1.1 Maintenance of Records 52
9.1 .2 Retention of R ecords 52
9.1.3 Inspection of Records 53
9 .1.4 Record Security 53
9.2 RE CORDS 53
9.2.1 Financial and Operational Records 53
9.2.2 Collection Service Records 53
9.2.3 Transfer,Processing,and Disposal Records 54
9.2.4 Other Programs Records 54
9.2.5 Customer Service Records 54
9.2.6 CERCLA Defense Records 54
9.3 GENERAL REPORTING REQUIREMENTS 55
9.4 MONTHLY REPORTS 55
9.5 QUARTERLY REPORTS 56
9.6 ANNUAL REPORTS 58
9.6.1 Annual Report Requirements 58
IV
9.6.2 Contractor Officers and Board Members 58
9.6.3 Related-Party Entities 58
9.6.4 Operational Information 58
9.6.5 Financial Information 59
9.7 EVENT-SPECIFIC REPORTING 59
ARTICLE 10.FRANCHISE FEES AND OTHER FEES 60
10.1 FRANCHISE FEE 60
10.2 OTHER FEES AND PAYMENTS 60
10.3 ADJUSTMENT TO FEES 61
10.4 PAYMENT SCHEDULE AND LATE FEES 61
ARTICLE 11.CONTRACTOR'S COMPENSATION AND RATES 62
11.1 CONTRACTOR'S COMPENSATION 62
11.2 RATE ADJUSTMENT PROCESS 62
11.3 INDEX-BASED ADJUSTMENT OF RATES 64
11.4 ANNUAL RATE APPLICATION PROCESS 70
11.5 SPECIAL RATE REVIEW 71
11.6 RATES FOR CHANGES IN SCOPE 73
11.7 NOTICE OF RATE ADJUSTMENTS 73
ARTICLE 12.INDEMNITY,INSURANCE,AND PERFORMANCE BOND 73
12.1 GENERAL INDEMNIFICATION 73
12.2 ARTICLE XIII INDEMNIFICATION 74
12.3 INDEMNIFICATION RELATED TO PERSONNEL.75
12.4 INSURANCE 75
12.4.1 Minimum Scope ofInsurance 75
12.4.2 Minimum Limits ofInsurance 76
v
12.4.3 Deductibles and Self-Insured Retentions 76
12.4.4 Other Insurance Provisions 76
12.4.5 Acceptability of Insurers 77
12.4.6 Verification of Coverage 77
12.4.7 Required Endorsements 78
12.4.8 Delivery of Proof of Coverage 79
12.4.9 Other Insurance Requirements 79
12.5 PERFORMANCE BOND 80
ARTICLE 13.DEFAULT AND REMEDIES 80
13.1 EVENTS OF DEFAULT 80
13.2 RIGHT TO TERMINATE UPON DEFAULT 81
13.3 POSSESSION OF PROPERTY UPON TERMINATION 81
13.4 CITY'S REMEDIES CUMULATIVE;SPECIFIC PERFORMANCE 82
13.5 LIQUIDATED DAMAGES 82
13.6 AB 939 AND AB 32-RELATED DAMAGES 84
13.7 EXCUSE FROM PERFORMANCE 85
13.8 RIGHT TO DEMAND ASSURANCES OF PERFORMANCE 86
ARTICLE 14.OTHER AGREEMENTS OF THE PARTIES 86
14.1 RELATIONSHIP OF PARTIES 86
14.2 COMPLIANCE WITH LAW 86
14.3 GOVERNING LAW 86
14.4 JURISDICTION 87
14.5 BINDING ON SUCCESSORS 87
14.6 ASSIGNMENT 87
14.7 PARTIES IN INTEREST 89
VI
14.8 WAIVER 89
14.9 NOTICE PROCEDURES 89
14.10 REPRESENTATIVES OF THE PARTIES 90
14.11 CRIMINAL ACTIVITY OF CONTRACTOR 90
14.11.1 Criminal Activity 90
14.11.2 Notice 91
14.11.3 Contractor's Cure 91
14.11.4 Transfer and Hiring 91
14.11.5 City's Remedy 91
14.12 PUBLIC HEARING ON CONTRACTOR'S PERFORMANCE 92
ARTICLE 15.MISCELLANEOUS AGREEMENTS 92
15.1 ENTIRE AGREEMENT 92
15.2 SECTION HEADINGS 92
15.3 REFERENCES TO LAWS 92
15.4 INTERPRETATION 92
15.5 AMENDMENT 92
15.6 SEVERABILITY 92
15.7 COUNTERPARTS 93
15.8 EXHIBITS 93
VB
List of Exhibits
A Secretary's Certification
B Notary's Certification
C Contractor's Proposal
D Implementation Plan .
E City-Approved Subcontractors
F City Service Locations
G Public Education and Community Outreach Programs
H Schedule of Liquidated Damages
I Intentionally Deleted
J City-Approved Maximum Permissible Customer Rates
K Sample Reporting Forms
L Form of Guaranty Agreement
M Form of Contractor's Faithful Performance Bond
N City-Owned Equipment to be Acquired by Contractor
a Intentionally Deleted
P Cost-Based Rate Adjustment Methodology
VllI
FRANCHISE AGREEMENT
BETWEEN
THE CITY OF FRESNO
AND
ALLIED WASTE SERVICES OF FRESNO
FOR MULTI-FAMILY AND COMMERCIAL SOLID WASTE,
RECYCLABLE MATERIALS,AND ORGANIC MATERIALS SERVICES
IN SERVICE AREA NO.1
THIS FRANCHISE AGREEMENT is made and entered into as of October 23, 2011, by and
between the City of Fresno, a municipal corporation ("City"), and Allied Waste Services of
North America LLC, a Delaware limited liability company, dba Allied Waste Services of Fresno
("Contractor").
RECITALS
This Agreement is entered into with reference to the following facts and circumstances:
WHEREAS;the Legislature of the State of California (the "State"),by enactment of the
California Integrated Waste Management Act of 1989 ("Act") and subsequent additions and
amendments (codified at California Public Resources Code Section 40000 et seq.), has declared
that it is in the public interest to authorize and require local agencies to make adequate provisions
for Solid Waste Collection within their jurisdiction;and,
WHEREAS;the Legislature has found and declared that the amount of Solid Waste generated in
the State, coupled with diminishing landfill space and potential adverse environmental impacts
from landfilling and the need to conserve natural resources, have created an urgent need for State
and local agencies to enact and implement an aggressive integrated waste management program.
The State has, through enactment of the Act, directed the responsible State agency, and all local
agencies, to promote diversion of materials from landfill Disposal and to maximize the use of
feasible waste reduction, re-use, Recycling, and Composting options in order to reduce the
amount of Solid Waste that must be Disposed; and,
WHEREAS;pursuant to the powers granted the City as a charter city by Article XI, Section 5(a)
of the California Constitution and Article XIII of the Fresno City Charter, the City has
determined that the public health, safety, and well-being require that an exclusive right be
awarded to a qualified contractor to provide for the Collection of Solid Waste, Recyclable
Materials, and Organic Materials generated by Multi-Family and Commercial Premises, except
for Collection of materials excluded in the City's Municipal Code, and other services related to
meeting the Act's fifty percent (50%) diversion goal and other requirements of the Act; and,
WHEREAS;pursuant to Article XIII of the Fresno City Charter, as implemented by Article 2 of
Chapter 6 of the City's Municipal Code, the City has the authority to provide for the Collection
and Disposal of Solid Waste through a franchise agreement with a Solid Waste Collection
provider; and
WHEREAS;the City has established two (2) Multi-Family and Commercial Collection service
areas, each of which shall be serviced by a separate franchised hauler granted exclusive
Collection rights; and
WHEREAS;the two (2) service areas were established to encourage competition and ensure the
City is not dependent on one company to provide Collection services; and
WHEREAS;the City Council has determined, based on its investigation of the Contractor's past
performance, that Contractor, by demonstrated experience,reputation and capacity, is qualified
to perform Collection of Solid Waste, Recyclable Materials, and Organic Materials within the
corporate limits of the City, and the Transportation of such material to appropriate places of
Processing, Recycling, Composting, and/or Disposal; and City Council desires that Contractor be
engaged to perform such services on the basis set forth in this Agreement; and
WHEREAS,this Agreement has been developed by and is satisfactory to the Parties,
NOW,THEREFORE,in consideration of the mutual promises, covenants, and conditions
contained in this Agreement and for other good and valuable consideration,the Parties agree as
follows:
ARTICLE 1.
DEFINITIONS
For purposes of this Agreement, unless a different meaning is clearly required, the following
words and phrases shall have the following meanings respectively ascribed to them by this
Article and shall be capitalized throughout this Agreement. When not inconsistent with the
context, words and phrases used in the present tense include the future, and words and phrases
used in the singular number include the plural number.
"Act"means the California Integrated Waste Management Act of 1989 (Division 30 of the
California Public Resources Code), as amended, supplemented, superseded, and replaced from
time to time.
"Affiliate"means all businesses (including corporations, limited and general partnerships and
sole proprietorships)which are directly or indirectly related to Contractor by virtue of direct or
indirect Ownership interest or common management.An Affiliate shall include a business in
which Contractor has a direct or indirect Ownership interest, a business that has a direct or
indirect Ownership interest in Contractor, and/or a business that is also Owned,controlled or
managed by any business or individual, which has a direct or indirect Ownership interest in
Contractor. For the purposes of this definition,"Ownership"means ownership as defined in the
constructive ownership provisions of Section 318(a)of the Internal Revenue Code of 1986, as in
effect on the date here, provided that 10 percent shall be substituted for 50 percent in Section
318(a)(2)(C) and in Section 318(a)(3)(C) thereof; and Section 318(a)(5)(C) shall be disregarded.
2
For purposes of determining Ownership under this paragraph and constructive or indirect
ownership under Section 318(a), Ownership interest of less than ten percent (10%) shall be
disregarded and percentage interests shall be determined on the basis of the percentage of voting
interest of value which the ownership interest represents, whichever is greater.
"Agreement"means this Agreement between the City and Allied Waste Services of North
America LLC, a Delaware limited liability company, dba Allied Waste Services of Fresno for
Multi-Family and Commercial Solid Waste, Recyclable Materials, and Organic Materials
Services in Service Area No.1,including all exhibits, and any future amendments hereto.
"Alternative Daily Cover" or "ADC"means cover material used to cover compacted Solid
Wastes in a Disposal Site other than Organic Materials and other than at least six (6) inches of
earthen material, placed on the surface of the active face of the refuse fill area at the end of each
operating day to control vectors, fires, odors, blowing litter, and scavenging, as defined in
California Code of Regulations Title 27, Section 20690.
"Applicable Law"means all Federal, State, and local laws, regulations, rules, orders,
judgments,degrees, permits, approvals, or other requirement of any governmental agency having
jurisdiction over the Collection, Transportation, Processing, and Disposal of Solid Waste,
Recyclable Materials, and Organic Materials that are in force on the Effective Date and as they
may be enacted, issued or amended during the Term of this Agreement.
"Approved Organic Materials Processing Site"means the Cedar Avenue Recycling and
Transfer Station located at 3457 S. Cedar Avenue, Fresno, California or the Kochergen Farms
Compost Facility located at 33915 Avenal Cut-Off Road, Avenal, California, which were
approved by the City Contract Manager.
"Approved Recyclable Materials Processing Site"means the Cedar Avenue Recycling and
Transfer Station located at 3457 S. Cedar Avenue, Fresno, California, which was approved by
the City Contract Manager.
"Billings"means any and all statements of charges for services rendered, howsoever made,
described or designated by Contractor, or made by other for City or Contractor, presented to
Customers served by Contractor for the Collection of Solid Waste, Recyclable Materials, and
Organic Materials in the City.
"Bin"means a Container with capacity of approximately one (1) to six (6) cubic yards, with a
hinged lid, and with wheels, that is serviced by a front end-loading Collection vehicle.
"Bulky Items"means large discarded items including, but not limited to, major appliances,
furniture, unmounted tires, carpets, mattresses, and other oversize materials whose large size
precludes or complicates their handling by normal Collection, Processing, or Disposal methods,
but can be Collected without the assistance of special loading equipment (such as forklifts or
cranes) and without violating Collection vehicle legal load limits. Bulky Items do not include
abandoned automobiles, large auto parts, or trees.
"Business Days"mean days during which City offices are open to do business with the public.
"Cart"means a rigid plastic Container with a hinged lid and wheels with capacity of up to
ninety-six (96) gallons.
"CERCLA"means the Comprehensive Environmental Response,Compensation and Liability
Act of 1980, 42 USC §9601 et seq..
"Change in Law"means any of the following events or conditions which has a material and
adverse effect on the performance by the Parties of their respective obligations under this
Agreement (except for payment obligations):
a.The enactment, adoption,promulgation,issuance, modification, or written change in
administrative or judicial interpretation on or after the effective date of any
Applicable Law; or
b. The order or judgment of any governmental body, on or after the Effective Date, to
the extent such order or judgment is not the result of willful or negligent action, error
or omission or lack of reasonable diligence of the City or of the Contractor,
whichever is asserting the occurrence of a Change in Law! The contesting in good
faith or the failure in good faith to contest any such order or judgment shall not
constitute or be construed as such a willful or negligent action, error or omission or
lack of reasonable diligence.
"City"means the City of Fresno, a municipal corporation, and all the territory lying within the
municipal boundaries of the City as presently existing or as such, boundaries may be modified
during the Term.
"City Contract Manager"means the City'S Solid Waste Manager or their designee. The Solid
Waste Manager may designate certain individuals or agents of the City as the City Contract
Manager for specific issues, projects, or requirements. In the event of a dispute between a
designee and Contractor, the Solid Waste Manager's determination shall be final. In the event
that the "Solid Waste Manager"position is eliminated or reclassified, City Manager or their
designee shall notify Contractor of the appropriate replacement title or individual.
"City's Municipal Code"means the City of Fresno Municipal Code.
"Collection"(or variation thereof) means the act of collecting Solid Waste, Recyclable
Materials, Organic Materials, and other material at the place of generation in Service Area No.1.
"Commencement Date"means the date specified in Section 3.1.
"Commercial"shall mean of, from, or pertaining to non-Residential Premises where business
activity is conducted, including, but not limited to, retail sales, services, wholesale operations,
manufacturing,charity, and Industrial operations, but excluding businesses conducted upon
Residential property which are permitted under applicable zoning regulations and are not the
primary use of the property.
4
"Commingled"means a mix of Recyclable Materials.
"Compactor"means a mechanical apparatus that compresses materials and/or the Container that
holds the compressed materials.Compactors include one (l)to six (6) cubic yard Bin
Compactors serviced by front-end loader Collection vehicles and ten (l0)to forty (40) cubic yard
Roll-Off Box Compactors serviced by roll-off Collection vehicles.
"Complaint"means written or orally communicated statements made by members of the public,
Customers, Owners, or Occupants of properties served by Contractor, or officers, employees or
agents of City alleging non-performance or deficiencies in Contractor's performance, or
otherwise alleging a violation by Contractor of the provisions of this Agreement.
"Composting"or "Compost"includes a controlled biological decomposition of Organic
Materials yielding a safe and nuisance free Compost Product.
"Compost Product"means the product resulting from the controlled biological decomposition
of Organic Materials that are Source Separated from the Solid Waste stream, or which are
separated at a centralized facility.
"Contract Management and Enforcement Fee"means the fee paid by the Contractor to the
City to reimburse the City's costs of monitoring and enforcing the provisions of this Agreement,
both relating to Contractor's obligations and Customers'activities.
"Construction and Demolition Debris or "C&D"includes discarded building materials,
packaging, and rubble resulting from construction,remodeling, repair or demolition operations
on any pavements, houses, Commercial buildings, or other structures.
"Container"means a Cart, Bin, Compactor, and/or Roll-Off Box.
"Contaminants"means those chemicals, waste, or other materials that render normally
Recyclable Materials and/or Organic Materials unusable or cause them to lose their market
value.
"Contractor"means Allied Waste Services of North America LLC, a limited liability company
organized and operating under the laws of the State of Delaware dba Allied Waste Services of
Fresno, and its officers, directors, employees, agents, companies, and Subcontractors.
"Contractor's Compensation"means the monetary compensation received by Contractor in
return for providing services in accordance with this Agreement as described in Article 11.
"Contractor Party"shall mean Contractor, officers, directors, or management or fiscal
employees (where "management employee"means any employee with direct or indirect
responsibility for direction and control over the Contractor's activities under this Agreement and
"fiscal"employee means an employee with direct or indirect responsibility and control duties
relating to financial matters under this Agreement).
5
"Contractor's Proposal"means the proposal submitted by Contractor and received on August
20 ,2010 by the City in response to the City 's request for proposals for Multi-Family and
Commercial Solid Waste, Recyclable Materials ,and Organic Materials Collection Services and
certain supplemental written materials ,which are included as Exhibit C and are incorporated by
reference. Should any conflict arise between the Contractor's Proposal and this Agreement ,the
Agreement shall control.
"Criminal Activity"means those activities described in Section 14.11.1.
"Customer"means the Person to whom Contractor submits billing invoices and from whom
Contractor collects payment for Collection services provided to a Premises. The Customer may
be the Occupant or Owner of the Premises ,provided that the Owner of the Premises shall be
responsible for payment of Collection services if an Occupant of a Premises, which is identified
as the Customer of Owner's Premises, fails to make such payment.
"Delivery"means placement of Solid Waste, Recyclable Materials, or Organic Materials by a
Generator in a receptacle and/or at a location that is designated for Collection pursuant to the
City's Municipal Code .
"Designated Disposal Location"means the Orange Avenue Disposal Company, Inc. Cedar
Avenue Recycling and Transfer Station ("CARTS")located at 3457 South Cedar Avenue,
Fresno, California. The City may, at its sole discretion at any time during the Term of this
Agreement, specify a different Designated Disposal Location ,in accordance with Section 4.5.
All Solid Waste shall be Transported to the Designated Disposal Location except for the residue
from the Processing of Recyclable Materials or Organic Materials ,which may be delivered to a
Disposal Site selected by Contractor.
"Designated Landfill Site"means the County of Fresno American Avenue Landfill located at
18950 W. American Avenue, Kerman, California which shall be the Designated Landfill Site
until the termination or earlier expiration of the City's disposal agreement with the County of
Fresno dated August 24 ,1993 and terminating June 30, 2014. Upon the termination or earlier
expiration of the City's disposal agreement with the County of Fresno ,the City may, in its sole
discretion and subject to the requirements of Section 6.3, designate an alternate Designated
Landfill Site or may approve a landfill site proposed by Contractor.
"Designated Waste"means non-Hazardous Waste which may pose special Disposal problems
because of its potential to contaminate the environment and which may be Disposed of only in
Class II Disposal Sites or Class III Disposal Sites pursuant to a variance issued by the California
Department of Health Services.
"Discarded Materials"means Solid Waste, Recyclable Materials, or Organic Materials placed
by a Generator in a receptacle and/or at a location that is designated for Collection pursuant to
the City's Municipal Code.
"Disposal"or "Dispose"(or variation thereof) means the final disposition of Solid Waste at a
Disposal Site.
6
"Disposal Component"means the portion of each Rate required to recover the Contractor's
costs associated with Disposing of Solid Waste at a Disposal Site. The initial Disposal
Component of each Rate is listed in Exhibit 1.The Disposal Component shall be adjusted in
accordance with Section 11.3.C for Rate Periods using the index-based adjustment to Rates. The
Disposal Component shall be adjusted in accordance with Exhibit P for Rate Periods using the
cost-based adjustment to Rates.
"Disposal Site"means a facility for ultimate Disposal of Solid Waste.
"Effective Date"has the meaning ascribed in Section 3.1.
"Federal"means belonging to or pertaining to the national general government of the United
States; or founded on or organized under the constitution of the United States.
"Fee Component"means the portion of each Rate required to recover the Contractor's costs
associated with payment of City Fees, as described in Article 10. The initial Fee Component of
each Rate is listed in Exhibit 1.The Fee Component shall be adjusted in accordance with Section
11.3.E for Rate Periods using the index-based adjustment to Rates. The Fee Component shall be
adjusted in accordance with Exhibit P for Rate Periods using the cost-based adjustment to Rates.
"Food Scraps"means food scraps such as those Discarded Organic Materials that will
decompose and/or putrefy including: (i) all kitchen and table food waste, and animal or
vegetable waste that attends or results from the storage,preparation,cooking or handling of food
stuffs, and (ii) paper waste contaminated with food (such as, but not limited to, paper plates,
napkins, pizza boxes, and paper towels contaminated with food). Food Scraps is a subset of
Organic Materials.
"Franchise"is the exclusive right and privilege of Contractor to Collect, Transport, Process, and
Dispose Solid Waste, Recyclable Materials, and Organic Materials in Service Area No. 1 in
accordance with the terms and conditions of this Agreement.
"Franchise Fee"means the fee paid by Contractor to City for the privilege to hold the exclusive
rights granted by this Agreement.
"Generator"means any Person as defined by the Public Resources Code, whose act or process
produces Solid Waste, Recyclable Materials, or Organic Materials as defined in the Public
Resources Code, or whose act first causes Solid Waste to become subject to regulation.
"Green Waste"means those Discarded Materials that will decompose and/or putrefy, including
but not limited to, green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush,
tree trimmings, dead trees, small pieces of unpainted and untreated wood, and other types of
organic waste. Green Waste is a subset of Organic Materials. Green Waste placed in a
Container for Collection shall not exceed six (6) inches in diameter and five (5) feet in length.
"Guarantor"means a secondary party who becomes obligated to promptly and fully perform,
satisfy, or observe the terms and conditions of the Agreement, for the Contractor who has failed
to promptly and fully perform, satisfy, or observe the terms and conditions of the Agreement.
7
Guarantor is Republic Services Group, Inc., a corporation organized and operating under the
laws of the State and its officers,directors,employees,agents,companies,and Subcontractors.
"Hazardous Substance"means any of the following:(a) any substances defined,regulated or
listed (directly or by reference)as "Hazardous Substances","hazardous materials","Hazardous
Wastes","toxic waste","pollutant"or "toxic substances"or similarly identified as hazardous to
human health or the environment,in or pursuant to (i)CERCLA;(ii) the Hazardous Materials
Transportation Act, 49 USC §1802, et seq.; (iii) the Resource Conservation and Recovery Act,
42 USC §6901 et seq.; (iv) the Clean Water Act, 33 USC §1251 et seq.; (v)California Health
and Safety Code §§25110 tl-seq.,25281,and 25316;(vi) the Clean Air Act, 42 USC §7401
et seq.; and (vii)California Water Code §13050; (b) any amendments,rules or regulations
promulgated thereunder to such enumerated statutes or acts currently existing or hereafter
enacted;and (c) any other hazardous or toxic substance,material,chemical,waste or pollutant
identified as hazardous or toxic or regulated under any other Applicable Law currently existing
or hereinafter enacted,including,without limitation,friable asbestos,polychlorinated biphenyl's
("PCBs"),petroleum,natural gas and synthetic fuel products,and by-products.
"Hazardous Waste"means all substances defined as Hazardous Waste,acutely Hazardous
Waste, or extremely Hazardous Waste by the State in Health and Safety Code §25110.02,
§25115,and §25117 or in the future amendments to or recodifications of such statutes or
identified and listed as Hazardous Waste by the U.S.Environmental Protection Agency (EPA),
pursuant to the Resource Conservation and Recovery Act (42 USC §6901 et seq.), all future
amendments thereto,and all rules and regulations promulgated thereunder.
"Holidays"are defined as New Year's Day,Labor Day,Thanksgiving Day, and Christmas Day.
"Industrial"means manufacturing,marine-related,or technical productive enterprises.
"Infectious Waste"means biomedical waste generated at hospitals,public or private medical
clinics,dental offices,research laboratories,pharmaceutical industries,blood banks,mortuaries,
veterinary facilities and other similar establishments,as described in Health and Safety Code
Section 25117.5.
"Liquidated Damages"means the amounts due by Contractor for failure to meet specific
quantifiable standards of performance as described in Section 13.5 and Exhibit H.
"Mandatory Commercial Recycling Requirements"means any rules,regulations and/or
protocols of the Mandatory Commercial Recycling Measure (RW-3),which Measure was
adopted with the California Air Resources Board Scoping Plan by the California Air Resources
Board pursuant to the California Global Warming Solutions Act of 2006 (California Health and
Safety Code Sections 38500-38598)("AB 32"), as implemented by the California Air Resources
Board or another appointed agency after the Commencement Date of this Agreement.
"Maximum Permissible Rates"means the maximum Rates Contractor is permitted to charge
pursuant to this Agreement.
8
"Mixed Waste"means materials placed in Containers for Collection and including both
Recyclable Materials and non-Recyclable Materials.
"Multi-Family"means any Residential Premises with five (5) or more units.
"Occupant"means the Person who occupies a Premises.
"Operating Component"means the portion of each Rate required to recover the Contractor's
operating costs associated with providing services under this Agreement.
"Organic Materials"means those Discarded Materials that will decompose and/or putrefy and
that the City's Municipal Code permits, directs, and/or requires Generators to separate from
Solid Waste and Recyclable Materials for Collection in specially designated Containers for
Organic Materials Collection. Organic Materials include Green Waste and Food Scraps such as,
but are not limited to, green trimmings, grass, weeds, leaves, prunings, branches, dead plants,
brush, tree trimmings, dead trees, small wood pieces, other types of organic yard waste,
vegetable waste, fruit waste, grain waste, dairy waste, meat waste, fish waste, paper
contaminated with Food Scraps, pieces of unpainted and untreated wood, and pieces of
unpainted and untreated wallboard. No Discarded Material shall be considered Organic
Materials, however, unless such material is separated from Solid Waste and Recyclable Material.
"Owner"means the Person holding legal title to the land or building.
"Parent Company"refers to a company owning more than fifty percent (50%)of the shares of
another company (subsidiary) or a company that has management control over such subsidiary.
"Party" or"Parties"refers to the City and Contractor, individually or together.
"Person"means any individual, firm, association, organization, partnership, corporation,
business trust,joint venture, the United States, the State, the County of Fresno, and special
purpose districts.
"Premises"means any land or building in the City where Solid Waste, Recyclable Materials, or
Organic Materials are generated or accumulated.
"Processing"(or variation thereof) means to prepare, treat, or convert through some special
method.
"Processing Component"means the portion of each Rate required to recover the Contractor's
costs associated with Processing of Recyclable Materials and Organic Materials at a Processing
Site.
"Processing Site"means any plant or site used for sorting, cleansing, treating or reconstituting
Recyclable Materials or Organic Materials to make such material available for beneficial use.
"Rate(s)"means the service charges and Special Charges for services under this Agreement that
Contractor bills and collects from each Customer receiving service under this Agreement.
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"Rate Period"means a 12-month period,commencing January 1 and concluding December 31,
except that Rate Period 1 shall commence on the Commencement Date and conclude December
31,2012
"Recyclable Materials"means those Discarded Materials that the City Code permits, directs
and/or requires Generators to set out in Recyclables Materials Container for Collection for the
purpose of Recycling. No Discarded Materials shall be considered Recyclable Materials unless
such material is separated from Solid Waste and Organic Materials. Recyclable Materials shall
include, but not be limited to: newspaper (including inserts, coupons, and store advertisements);
mixed paper (including office paper,computer paper, magazines,junk mail, catalogs, brown
paper bags, brown paper, paperboard,paper egg cartons, telephone books, grocery bags, colored
paper,construction paper, envelopes, legal pad backings, shoe boxes, soap boxes, cereal and
other similar food boxes); chipboard; cardboard; paper milk cartons; glass containers of any
color (including glass bottles and jars all colors); aluminum cans; fabric softener containers;
steel, tin or bi-metal cans; plastic containers (clear or green plastic soda and water bottles, plastic
containers and bottles and plastic bags with no. 1, 2 or 3 on the bottom); and food containers
from potato salad, pasta salad, whipped cream, etc.
"Recycle" or "Recycling"means the process of sorting, cleansing, treating and reconstituting of
Discarded Materials at a Recyclable Materials Processing Site for the purpose of returning such
materials to the economy in the form of raw materials for new, reused or reconstituted products.
"Related-Party Entity"means any Affiliate that has financial transactions with Contractor
pertaining to this Agreement that has been approved by the City. For the purposes of this
Agreement,Related-Party Entities shall include, but are not limited to: Republic Services Group,
Inc., Allied Waste Services of North America, LLC, and all subsidiary companies.
"Residential"shall mean a Premises designed or used for residence or dwelling, whether
permanent or temporary in nature.
"Roll-Off Box"means an open-top Container with a capacity of ten (10) to forty (40) cubic
yards that is serviced by a roll-off Collection vehicle.
"Salvageable Material"means those Discarded Materials that may be reused in their existing
form or may be reused after some form of Processing including, but not limited to, Organic
Materials and Recyclable Materials.
"Service Area No.1"refers to the incorporated area of the City north of the centerline of Ashlan
Avenue, including the area north of the centerline of Dakota Avenue from the centerline of Santa
Fe Avenue to the centerline of 1st Street.
"Service Type"refers separately to the following types of Solid Waste, Recyclable Materials,
and Organic Materials Collection services:Multi-Family Bin service, Commercial Cart service,
Commercial Bin service, and Roll-Off Box service.
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"Solid Waste"means Source Separated Solid Waste as defined in California Public Resources
Code,Division 30, Part 1,Chapter 2, §40191 and regulations promulgated thereunder and those
Discarded Materials that the City Code requires Generators within the City to set out for
Collection.Excluded from the definition of Solid Waste are Construction and Demolition Debris
(C&D),Hazardous Waste, Infectious Waste,Designated Waste, Source Separated Recyclable
Materials, Source Separated Organic Materials,and radioactive waste. Solid Waste includes
Salvageable Materials only when such materials are included for Collection in a Solid Waste
Container.
"Source Separated"means the segregation,by the Generator,of materials designated for
separate Collection from other materials. For example,recyclables may be Source Separated
from Solid Waste.
"Source Separated Recyclable Materials"means Recyclable Materials that have been Source
Separated and include no more than ten percent (10%) by weight or volume of other materials
that cannot be Recycled.
"Special Charges"means the specific service-related charges provided in Exhibit J, and that
Contractor shall bill Customers if appropriate.
"Specialty Recyclable Material"means material that can be or will be Collected for purposes
of Recycling by any Person other than the Contractor. Such Specialty Recyclable Material may
include, but is not limited to, scrap metal,high-grade paper (including office mixed paper),
pallets, mattresses, textiles,industrial plastics,precious metals, and plastic film.
"State"means the State of California.
"Subcontractor"means a party who has entered into a contract, express or implied, with the
Contractor or Guarantor for the performance of an act that is necessary for the Contractor's
fulfillment of its obligations under this Agreement.
"Term"means the Term of this Agreement,including extension periods if granted, as provided
for in Article 3.
"Ton"or "Tonnage"means a unit of measure for weight equivalent to two thousand (2,000)
standard pounds where each pound contains sixteen (16) ounces.
"Transfer Station"means a permitted facility utilized to receive Solid Waste and Organic
Materials, to temporarily store, separate, Recover, convert or otherwise process the materials
comprising the Solid Waste, and to load Solid Waste and Organic Materials into Transfer
Vehicles for Transport to the Disposal Site or an Approved Processing Site.
"Transportation"(or variation thereof) means the act of transporting or state of being
transported.
1]
ARTICLE 2.
REPRESENTATIONS AND
WARRANTIES OF THE
CONTRACTOR
The Contractor, by acceptance of this Agreement, represents and warrants the conditions
presented in this Article.
2.1 CORPORATE STATUS
Contractor is a limited liability company, duly organized, validly existing and in good standing
under the laws of the State of Delaware.It is in good standing and qualified to transact business
in the State of California and has the power to own its properties and to carryon its business as
now owned and operated and as required by this Agreement.
2.2 CORPORATE AUTHORIZATION
Contractor has the authority to enter this Agreement and perform its obligations under this
Agreement. The members of Contractor have taken all actions required by law, its articles of
organization, its operating agreement, or otherwise, to authorize the execution of this Agreement.
The Person signing this Agreement on behalf of Contractor represents and warrants that they
have authority to do so; the Corporate Secretary's Certification in Exhibit A confirms this; and
the Notary's Certification in Exhibit B is completed. This Agreement constitutes the legal, valid,
and binding obligation of the Contractor.
2.3 AGREEMENT WILL NOT CAUSE BREACH
To the best of Contractor's knowledge after reasonable investigation, the execution or delivery of
this Agreement or the performance by Contractor of its obligations hereunder does not conflict
with, violate, or result in a breach: (i)of any law or governmental regulation applicable to
Contractor; or (ii) any term or condition of any judgment,order, or decree of any court,
administrative agency or other governmental authority, or any Agreement or instrument to which
Contractor is a party or by which Contractor or any of its properties or assets are bound, or
constitutes a default thereunder.
2.4 NO LITIGATION
To the best of Contractor's knowledge after reasonable investigation, there is no action, suit,
proceeding or investigation, at law or in equity, before or by any court or governmental
authority, commission, board, agency or instrumentality decided, pending or threatened against
Contractor wherein an unfavorable decision, ruling or finding, in any single case or in the
aggregate, would:
A. Materially, adversely affect the performance by Contractor of its obligations hereunder;
B.Adversely affect the validity or enforceability of this Agreement; or
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C.Have a material adverse effect on the financial condition of Contractor, or any surety or
entity guaranteeing Contractor's performance under this Agreement.
2.5 NO ADVERSE JUDICIAL DECISIONS
To the best of Contractor's knowledge after reasonable investigation, there is no judicial decision
that would prohibit this Agreement or subject this Agreement to legal challenge.
2.6 NO LEGAL PROHIBITION
To the best of Contractor's knowledge after reasonable investigation, there is no Applicable Law
in effect on the date Contractor signed this Agreement that would prohibit the Contractor's
performance of its obligations under this Agreement and the transactions contemplated hereby.
2.7 CONTRACTOR'S STATEMENTS
The Contractor's Proposal in Exhibit C and any other supplementary information submitted to
the City, which the City has relied on in awarding and entering this Agreement, do not: (i)
contain any untrue statement of a material fact, or (ii) omit to state a material fact that is
necessary in order to make the statements made, in light of the circumstances in which they were
made, not misleading.
2.8 CONTRACTOR'S INVESTIGATION
Contractor has made an independent investigation (satisfactory to it)of the conditions and
circumstances surrounding the Agreement and the work to be performed hereunder. Contractor
has considered such matters in entering this Agreement to provide services in exchange for the
compensation provided for under the terms of this Agreement.
2.9 ABILITY TO PERFORM
Contractor possesses the business, professional, and technical expertise to provide the services
described in this Agreement in Service Area No.1.Contractor possesses the equipment,
facility(ies), and employee resources required to perform its obligations under this Agreement.
2.10 VOLUNTARY USE OF DESIGNATED FACILITIES
The Contractor, without constraint and as a free-market business decision in accepting this
Agreement, agrees to use the Designated Disposal Location for the purposes of Disposing of all
Solid Waste, and the Designated Recyclable Materials Processing Facility for the processing of
all Recyclable Materials, Collected in Service Area No.1.Such decision by Contractor in no
way constitutes a restraint of trade notwithstanding any Change in Law regarding flow control
limitations or any definition thereof.
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ARTICLE 3.
TERM OF AGREEMENT
3.1 EFFECTIVE DATE AND COMMENCEMENT DATE
This Agreement shall become effective on the date set forth in the preamble to this Agreement
(the "Effective Date").
The Commencement Date shall be December 1, 2011. Contractor shall commence provision of
the Collection, Transportation, Processing, and Disposal services required by this Agreement on
the Commencement Date.
Between the Effective Date and Commencement Date, Contractor shall perform all activities
necessary to prepare itself to start all services required by this Agreement on the Commencement
Date. Such activities shall allow Contractor to transition Customers and services, which are
provided by the City prior to the Commencement Date, to Contractor on the Commencement
Date.
3.2 CONDITIONS TO EFFECTIVENESS OF AGREEMENT
The obligation of City to permit this Agreement to become effective and to perform its
undertakings provided for in this Agreement is subject to the satisfaction of all the conditions
below, each of which may be waived, in written form, in whole or in part by City.
A.Accuracy of Representations.The representations and warranties made in Article 2 of
this Agreement are true and correct on and as of the Effective Date.
B.Absence of Litigation.There is no litigation pending on the Effective Date in any court
challenging the award or execution of this Agreement or seeking to restrain or enjoin its
performance.
C.Furnishings of Insurance and Performance Bond.Contractor has furnished evidence
of the insurance and performance bond required by Article 12 that is satisfactory to the
City.
D.Effectiveness of City Council Action.The City Council shall have taken action
approving this Agreement and all Parties shall have signed the Agreement pursuant to
Applicable Law prior to or on the Effective Date, provided that no restraining order of
any kind has been issued.
3.3 TERM
The Term of this Agreement shall continue in full force for a period often (10) years from 12:01
a.m. on the Commencement Date to midnight of November 30, 2021 unless the Agreement is
extended by City Council pursuant to Section 3.4 or terminated in accordance with Section 13.2.
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3.4 OPTION TO EXTEND TERM
At the City Council's sole discretion,the City shall have the option to extend this Agreement for
up to two (2)periods ranging from one to five years each. The total of all extension periods shall
equal no more than ten (10) years. If the City extends the Agreement,it shall give written notice
to Contractor one hundred eighty (180)calendar days prior to the initial expiration date or
extended expiration date of this Agreement.The City's written notice shall specify the number
of years by which it elects to extend the Term of this Agreement and the revised expiration date
of the Agreement.
ARTICLE 4.
SCOPE OF AGREEMENT
4.1 SCOPE OF AGREEMENT
This Franchise granted to Contractor shall be exclusive with regards to Collection,Transporting,
Processing,and Disposal of Multi-Family and Commercial Solid Waste,Recyclable Materials,
Mixed Waste, Source Separated Recyclable Materials,and Organic Materials generated in
Service Area No.1,except as described in Section 4.2 or except where otherwise precluded by
Applicable Law.
The Contractor,or its Subcontractor(s),shall be responsible for the following services:
A.Collecting all Solid Waste generated by Multi-Family Premises in Service Area No. 1
that use Contractor-provided Carts or Bins for Collection.
B.Collecting all Solid Waste generated by Commercial Premises in Service Area No.1 and
placed by Generator for Collection in Contractor-provided Carts or Bins for Collection.
C.Collecting all Recyclable Materials,Mixed Waste, Source Separated Recyclable
Materials,and Organic Materials generated by Multi-Family and Commercial Premises
in Service Area No. 1 and placed by Generator for Collection in Contractor-provided
Containers.
D.Transporting all Solid Waste Collected III accordance with this Agreement to the
Designated Disposal Location.
E.Transporting,Processing,and marketing all Recyclable Materials,Mixed Waste, and
Source Separated Recyclable Materials Collected in Service Area No.1 by Contractor.
F.Transporting,Processing,and marketing all Organic Materials Collected in Service Area
No.1 by Contractor.
G.Furnishing all labor,supervision,vehicles,Containers,other equipment,materials,
supplies,and all other items and services necessary to perform its obligations under this
Agreement.
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H.Paying all expenses related to provision of services required by this Agreement including,
but not limited to,taxes,regulatory fees,Disposal and Processing fees,utilities,etc.
I.Providing all services required by this Agreement in a thorough and professional manner
so that Multi-Family residents,businesses,and the City are provided timely,reliable,
courteous,and high-quality service at all times.
J.Performing all services in full accordance with the Contractor's Proposal and this
Agreement at all times using best industry practice for comparable operations.If the
Contractor's Proposal and this Agreement conflict,this Agreement shall prevail.
K.Implementing all services in accordance with the implementation plan in Exhibit D.
L.Complying with Applicable Law.
M.Performing or providing all other services necessary to fulfill its obligations under this
Agreement.
The enumeration and specification of particular aspects of service,labor,or equipment
requirements shall not relieve Contractor of the duty of accomplishing all other aspects necessary
to fulfill its obligations under this Agreement whether such requirements are enumerated
elsewhere in the Agreement or not.
4.2 LIMITATIONS TO SCOPE
The materials listed below in this section may be collected and transported by other Persons.
Except as set forth in paragraph "COO below,Contractor is not authorized by this Agreement to
Collect or Transport any of the following:
A.Residential Materials.Solid Waste,Recyclable Materials,and Organic Materials
Generated by Residential Premises,where Residential Premises include Residential
Premises of four (4) or less dwelling units that use Cart service for Collection.
B.Materials Generated at City Facilities.Solid Waste,Recyclable Materials,and
Organic Materials generated by City personnel or City operations and hauled by City to a
Disposal Site or Processing Site.
C.Construction and Demolition Debris.Construction and Demolition Debris removed
from Premises by a company licensed by the City to provide such Collection services in
Service Area No.1.Contractor shall be deemed under the provisions of this Agreement
as a company licensed by the City to provide C&D Collection services,which services
shall be provided in compliance with the City's Municipal Code.
D.Commodities.Recyclable Materials,Organic Materials,and Specialty Recyclable
Materials which Owner or Occupant:(1)separates from Solid Waste,(2)places in a
Container which is not provided by Contractor,and (3)sells,donates,or is otherwise
compensated for by a collector;
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E.Materials Hauled by Owner or Occupant,or its Contractor.Solid Waste,Recyclable
Materials ,Organic Materials,C&D, and Specialty Rec yclable Materials that are removed
from any Premises by the Owner or Occupant and are Transported to a Disposal Site or
Processing Site by (i) the Owner or Occupant of such Premises, by a full-time employee
of Owner or Occupant that uses the Owner 's or Occupant's equipment to transport
materials; or (ii) by a contractor whose removal of the Solid Waste ,Rec yclable Materials ,
Organic Materials ,C&D ,and/or Specialty Recyclable Materials are incidental to the
service being performed and such contractor removes materials at no additional or
separate fee;
F.Donated Materials.Source Separated Recyclable Materials,Organic Materials, and
Specialty Recyclable Materials generated in the City that are donated by the Generator to
youth, civic,neighborhood,charitable, or other nonprofit organizations;
G.Containers Recycled.Beverage containers delivered for Recycling under the California
Beverage Container Recycling and Litter Reduction Act ,Section 14500, et seq.
California Public Resources Code;
H.Animal and Grease Waste.Animal waste and remains from slaughterhouse or butcher
shops, or grease waste for use as tallow;
I.Sewage Treatment By-Product.By-products of sewage treatment including sludge,
sludge ash ,grit, and screenings;
J.Hazardous Wastes.Hazardous Waste and Designated Waste regardless of its source ;
K.State,Federal,and Public School Wastes.Materials generated by State and Federal
agencies and public schools located in the City .
L.Non-Exclusive Roll-Off Franchisees.Materials which are included in the scope of the
City's non-exclusive roll-off franchise agreements which are Collected by a Person
holding such a franchise.
Contractor acknowledges and agrees that the City may allow other Persons besides the
Contractor to Collect any and all types of materials excluded from the scope of this Franchise ,as
set forth above,without seeking or obtaining approval of Contractor.If other Persons are
servicing Collection Containers or are Collecting and Transporting Solid Waste ,Recyclable
Materials, and/or Organic Materials in Service Area No. 1 in a manner that is not consistent with
the City's Municipal Code,Contractor shall report the location and the name of the Person or
company to the City Contract Manager along with Contractor's evidence of the violation of the
exclusivity of this Franchise.Contractor's reporting is not in lieu of any other rights it has, or
may have, to enforce its legal rights.
This Agreement and scope of this Franchise shall be interpreted to be consistent with Applicable
Law ,now and during the Term of the Agreement. If future judicial interpretations of current law
or new laws ,regulations ,or judicial interpretations limit the ability of the City to lawfully
provide for the scope of services as specifically set forth herein,Contractor agrees that the scope
17
of the Agreement will be limited to those services and materials which may be lawfully provided
and that the City shall not be responsible for any lost profits or losses claimed by Contractor to
arise out of limitations of the scope of the Agreement set forth herein.In such an event, it shall
be the responsibility of Contractor to minimize the financial impact of such future judicial
interpretations or new laws.
4.3 SUBCONTRACTING
Contractor shall not engage any Subcontractors for Collection,Transportation,Processing, or
Disposal of Solid Waste, Recyclable Materials, or Organic Materials without the prior written
consent of the City Contract Manager. As of the Effective Date of this Agreement, the City has
approved Contractor's use of the Subcontractors listed in Exhibit E.Contractor's use of
Subcontractor(s)does not in any way limit the Contractor's obligations under this Agreement.
The City reserves the right to require Contractor to replace a Subcontractor in the event of a
regulatory or criminal judgment against a Subcontractor and a legal judgment against a
Subcontractor that is related to performance under this Agreement.
4.4 OWNERSHIP OF MATERIALS
Once Solid Waste, Recyclable Materials, and Organic Materials are placed in Containers at the
Collection location, ownership and the right to possession of such materials shall transfer directly
from the Generator to Contractor. Once Solid Waste, Recyclable Materials, or Organic Materials
is deposited by Contractor at a Disposal Site, Transfer Station, or Processing Site, such materials
shall become the property of the Owner or operator ofthe facility.
Subject to Section 4.5 and City's contractual obligations pursuant to any contract between
Contractor and City for the Processing or Disposal of Solid Waste, Recyclable Materials, or
Organic Materials, City may obtain ownership or possession of Solid Waste, Recyclable
Materials, or Organic Materials placed for Collection upon written notice to Contractor of its
intent to do so. However, nothing in this Agreement shall be construed as giving rise to any
inference that City has such ownership or possession unless such written notice has been given to
Contractor.
4.5 CITY-DIRECTED CHANGES TO SCOPE
A.Types of Changes.City Contract Manager may direct Contractor to perform additional
services or modify the manner in which existing services are performed, provided that the
City-directed changes do not substantially eliminate the Contractor's right, as described
in and limited by this Agreement, to Collect Solid Waste, Recyclable Materials, and
Organic Materials in Service Area No.1.For example, and without limitation, the City
Contract Manager may request the following:
1. Collection of certain materials, which were originally Solid Waste, but during the
Term can, in the reasonable opinion of the City Contract Manager, be economically
Recycled, Composted, or beneficially used including, but not limited to, energy or
fuel production;
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2. Inclusion of new diversion programs, which necessarily reduce the amount of Solid
Waste Collected;
3. Expansion of public education activities;
4. Elimination of programs;
5. Modification of the manner in which Contractor performs existing services;
6. Performance of pilot programs;
7. Implementation of innovative services, which may entail new Collection methods,
targeted routing, different kinds of services, different types of Collection vehicles,
and/or new requirements for Generators;
8. Use of a Disposal Site that is different from the Designated Disposal Location in
accordance with Section 6.3.
9. Use of a Recyclables Processing Site that is different from the Designated
Recyclable Materials Processing Site in accordance with Section 6.1.
10. Use of an Organic Materials Processing Site that is different from the Approved
Processing Site(s) in accordance with Section 6.2.E.
B.Procedure for Making Changes in Scope.Contractor shall present, within thirty (30)
calendar days of the City Contract Manager's written request, a written proposal for the
change in scope of services in a format and at a level of detail specified by the City
Contract Manager. At a minimum, the proposal shall contain a complete description of
the following:
1. Collection methodology to be employed, or modifications to current Collections
methods (equipment, manpower, etc.).
2. Equipment to be utilized, modified, or eliminated (vehicle number, types, capacity,
age, etc.).
3. Labor requirements (number of employees by classification).
4. Type of materials and Containers to be utilized.
5. Change in Transportation, Processing, and/or Disposal costs.
6. Provision for program publicity, education, and/or marketing.
7. Five-year projection of the financial results of the program's operations in a balance
sheet and operating statement format including documentation of the key
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assumptions underlying the projections and the support for those assumptions, giving
full effect to the savings or costs to existing services.
8. Plans for implementing the service change in a format and at a level of detail
specified by the City Contract Manager.
9. Proposed Rates that reflect the service change with supporting documentation of the
calculation and justification for the change in Rates.
The City Contract Manager shall review the Contractor's proposal for the change in
scope of services. If the Contractor's proposal is desirable to the City, the City Contract
Manager may negotiate with the Contractor to amend the Agreement to reflect the change
in scope.If the Contractor's proposal is not desirable to the City, the City Contract
Manager shall provide a written response to the Contractor identifying the City's reasons
for not wanting to negotiate with the Contractor.
If the City elects to negotiate with the Contractor and the Contractor and City Contract
Manager cannot agree on terms and conditions of such services in 180 calendar days
from the date when City Contract Manager first requests a proposal from Contractor to
perform such services,Contractor shall forfeit its exclusive right to Collect such material
from Generators or provide the services under consideration.Thereafter,the City may,
but is not required to, provide the service with its own forces or solicit proposals from
one or more other parties for such service and Contractor may be invited to submit a
proposal during the process.If the City elects to solicit proposals from one or more other
parties, City shall not enter into a separate agreement with any other party unless they
provide a better value to the City than was offered by Contractor's proposal.
If the City and Contractor reach an agreement on the change in scope, the City and
Contractor shall also agree to performance standards and expected results of such change
in scope, as well as the basis for termination of the program. Any change in scope shall
be memorialized in an amendment to this Agreement. In the event the Contractor does
not provide the services in a manner materially consistent with or better than the agreed
upon performance standards and expected results, the City shall have the right to
terminate the new program or service and provide the service with its own forces or
retain a third party to provide the service.Performance standards and expected results
may focus on program costs, the cost per Ton of materials diverted, level of participation
in the program,comparison of costs to other similar programs, volume of material
diverted, and other factors.
C.Adjustment to Contractor's Compensation.If the City Contract Manager directs a
change in scope,Contractor shall be entitled to an adjustment in its compensation as
agreed to by City and as described in Section 11.6.Contractor shall not be compensated
for proposal preparation costs or additional costs incurred related to the negotiation of its
proposal for the City-requested change in scope.
D.Implementation of New Services.The Contractor's implementation of the new or
modified services shall be managed by Contractor in such a manner as to ensure a timely,
20
smooth, and seamless transition such that Customers and/or Generators do not experience
disruption in Collection services. Contractor shall be responsible for managing
implementation of Collection service changes, or changes in the Designated Disposal
Location, Designated Recyclable Materials Processing Site, Approved Transfer Station,
Approved Processing Site(s), and/or other related services and shall do so in accordance
with a City Contract Manager-approved implementation plan.
E.Monitoring and Evaluation of Changes in Scope.Contractor shall document its
compliance with the agreed-upon performance standards and the program results of the
service changes on a monthly basis, including, for example, the Tonnage diverted by
material type, the end use or processor of the diverted materials, and the cost per Ton for
Transporting and Processing each type of material and other such information requested
by the Contractor and/or City Contract Manager necessary to evaluate the performance of
the change in scope.
If the City Contract Manager requests, the Contractor shall meet with the City to describe
the progress of the implementation of the change in scope. At each meeting, the City and
Contractor shall have the opportunity to revise the services or program based on mutually
agreed terms in accordance with provisions of this Section. The City shall have the right
to terminate a program if, in its reasonable judgment,the Contractor is not achieving the
program's mutually agreed-upon performance standards and expected results. Before
such termination, the City Contract Manager shall meet and confer with the Contractor
for a period not to exceed one hundred eighty (180) calendar days to resolve the City's
concerns. Thereafter, the City may provide the service with its own forces or utilize a
third party to perform these services, if the City reasonably believes the third party can
improve on Contractor's performance and/or cost.Notwithstanding these changes,
Contractor shall continue the program during the meet and confer period and, thereafter,
until the third party takes over the program.
4.6 CITY'S RIGHT TO PERFORM SERVICES AND POSSESS EQUIPMENT
4.6.1 General
The City, in its reasonable judgment,may determine a period of emergency if both of the
following conditions occur: (i) Contractor, for any reason whatsoever, fails, refuses, or is unable
to perform its Collection obligations, at the time and in the manner provided in this Agreement,
for a period of more than forty-eight (48) hours, and (ii) the City finds that such failure, refusal,
or inability endangers or menaces the public health, safety, or welfare.If the City determines a
period of emergency, then the City shall have the right during the period of such emergency, and
no longer, to (i) perform, or cause to be performed, such services with its own or other personnel
without liability to Contractor; and/or (ii) take temporary possession of and use any or all of
Contractor's equipment used to provide Collection, Transportation, Processing, and Disposal
services under this Agreement.If the City chooses to exercise such rights, the City shall provide
written notice to the Contractor twenty-four (24) hours prior to its plans to exercise its rights.
Such notice shall describe the Contractor's failure, refusal, or inability to perform its Collection
obligations detailing the obligations the City contends Contractor did not perform and of the
City's intent to perform Collection services and/or possess Contractor's equipment. The City
21
agrees that it assumes complete responsibility for the proper and normal use of such equipment
and facilities while in its possession.
Contractor agrees that in such event:
A.It shall take direction from the City Contract Manager to affect the transfer of possession
of equipment to the City for City's use.
B.It shall,if able to and City Contract Manager so requests, keep in good repair and
condition all of such equipment, provide all motor vehicles with fuel, oil and other
service, and provide such other service as may be necessary to maintain said equipment
in satisfactory operational condition subject to compensation as provided in this Section
4.6.1.
C. Subject to provisions of any labor agreements then in effect,if able to, Contractor shall
provide the services of all or any personnel necessary for the Collection, Transportation,
Processing, and Disposal operations including,if City so desires, employees then
employed by Contractor.Contractor further agrees,if it is able to and City Contract
Manager so requests, to furnish City the services of any or all management or office
personnel employed by Contractor whose services are necessary for Collection,
Transportation, Processing, and Disposal operations and for the Billing and collection of
fees for these services.
If the interruption or discontinuance of service is caused by any of the reasons listed in this
Section 4.6.1 or in Section 13.7, and where the City can perform services and the Contractor
cannot, the City shall pay to Contractor two hundred dollars ($200) per day for use of each
Collection vehicle and the reasonable rental value of other equipment and facilities, possession
of which is taken by the City, for the period of the City's possession,if any, which extends
beyond the period of time for which Contractor has rendered bills to Customers in advance of
service. The City shall be responsible for the fueling and preventative maintenance activities
during such a period. Should Contractor's equipment require repair beyond fueling and
preventative maintenance, City shall deduct from any rental payment to Contractor the actual
cost of such repairs performed by City or it's selected third-party vendor.
Except as otherwise expressly provided in the previous paragraph, the City's exercise of its rights
under this Article: (i) does not constitute a taking of private property for which compensation
must be paid; (ii) will not create any liability on the part of City to Contractor except for City'S
intentional wrongful acts or negligence; and (iii) does not exempt Contractor from the indemnity
provisions of Article 12, which are meant to extend to circumstances arising under this Section.
4.6.2 Duration of City's Possession
City has no obligation to maintain possession of Contractor's equipment and/or continue its use
in Collection,Transportation,Processing, and Disposal for any period of time and may, at any
time, in its sole discretion,relinquish possession to the Contractor.
The City's right to retain temporary possession of Contractor's equipment, and to provide
Collection services, shall continue until Contractor can demonstrate to the City's satisfaction that
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it is ready, willing and able to resume such services or for one hundred eighty (180) calendar
days, whichever occurs first.
4.7 TRANSITION TO NEXT CONTRACTOR AT END OF AGREEMENT
If applicable, before expiration or earlier termination of this Agreement, Contractor will take
direction from the City Contract Manager and/or subsequent contractor to assist in an orderly
transition of services from Contractor to City or subsequent contractor. In response to the City
Contract Manager's direction, Contractor shall provide route lists (which identify each Customer
on the route, its service level and scheduled Collection day, and any special Collection notes)
and detailed Customer account and Billing information. Contractor may, but shall not be obliged
to, sell Collection vehicles, equipment, or facilities to the next contractor. Failure to cooperate
with and/or provide information during the transition period may result in Liquidated Damages
in accordance with Section 13.5 and Exhibit H.
4.8 CITY FREE TO NEGOTIATE WITH THIRD PARTIES
The City may investigate all options for Collection, Transportation, Processing, and Disposal
services that will be scheduled to commence after the expiration of the Term or earlier
termination of this Agreement. Without limiting the generality of the foregoing, the City may
solicit proposals from Contractor and from third parties for the provision of Collection,
Transportation, Processing, or Disposal of Solid Waste, Recyclable Materials, and Organic
Materials, and any combination thereof. The City may negotiate and execute agreements for
such services that will take effect upon the expiration or earlier termination of this Agreement.
ARTICLE 5.
COLLECTION SERVICES
5.1 SOLID WASTE COLLECTION
5.1.1 General
Contractor acknowledges that the City is committed to diverting materials from Disposal through
the implementation of source reduction, reuse, Recycling, Composting, education, and other
programs. The City may implement, in accordance with Section 4.5 or through the City's efforts,
new programs that may impact the overall quantity or composition of Solid Waste to be
Collected by Contractor. Such changes may result in the substantial reduction or elimination of
Solid Waste Collected for Disposal.
5.1.2 Multi-Family Premises
Contractor shall Collect Solid Waste from Multi-Family Premises as frequently as scheduled by
Customer, but not less than once per week. Contractor shall Collect Solid Waste from Carts,
Bins and Compactors at a location selected by the Customer and approved by the Contractor.
Contractor shall allow Owners or Occupants of Multi-Family dwelling units at one Premises to
share Carts, Bins, or Compactors for Solid Waste Collection. Contractor shall provide one or
more Carts, Bins, or Compactors as requested by Customer(s) provided that no less than 0.5
cubic yards of Container capacity is provided for every four dwelling units. Contractor shall
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provide each Customer with a choice of one or more Carts with capacity ranging from sixty-four
(64) to ninety-six (96) gallons (or similar sizes), Bins with capacity ranging from one (1) to six
(6) cubic yards (or similar sizes), or Compactors with capacity ranging from ten (10) to forty
(40) cubic yards (or similar sizes).
5.1.3 Commercial Premises
Contractor shall Collect Solid Waste from all Commercial Premises as frequently as scheduled
by the Customer, but not less than once per week. Contractor shall Collect Solid Waste from
Carts and Bins at a location selected by the Customer and approved by the Contractor.
Contractor shall allow Commercial Customers to select one or more of the following Collection
service methods that best suits the needs of its Premises:
A.Individual Cart or Bin service.Contractor shall allow each Commercial Premises to
use Carts or Bins for Solid Waste Collection. Contractor shall provide each Customer
with a choice of one or more Carts with capacities ranging from sixty-four (64) to ninety-
six (96) gallons (or similar sizes) or Bins with capacity ranging from one (1) to six (6)
cubic yards (or similar sizes).
B.Centralized Cart or Bin service.Contractor shall allow each Commercial Premises to
use Carts or Bins for Solid Waste Collection that are shared by the Occupants of two or
more adjacent Commercial Premises subject to the shared billing requirements described
in Section 7.2.B. In such case, Contractor shall provide one or more Carts or Bins as
requested by Customer(s) provided that no less than ninety-six (96) gallons (or similar
sizes)of Container capacity is provided for every four Commercial Premises. Contractor
shall provide each Customer with a choice of one or more Carts with capacities ranging
from sixty-four (64) to ninety-six (96) gallons (or similar sizes) or Bins with capacity
ranging from one (1) to six (6) cubic yards (or similar sizes).
5.2 RECYCLABLE MATERIALS COLLECTION
5.2.1 General
Contractor shall Collect Recyclable Materials that are Commingled in the Customer's
Recyclable Materials Collection Container provided that the Customer has Source Separated the
Recyclable Materials from Solid Waste. The Contractor may also Collect individual Source
Separated Recyclable Materials including, but not necessarily limited to, cardboard, beverage
containers, office paper, or scrap metal to reduce either (i) the cost to the Customer of receiving
the service; or, (ii) the level of contamination in Commingled Recyclable Materials. Collection
of individual Source Separated Recyclable Materials shall not excuse Contractor from offering
and providing Commingled Source Separated Recyclable Materials Collection services to all
Customers.
The City's Municipal Code requires all Commercial Customers to participate in a Recycling
program. In the event that a Customer refuses Recyclable Materials Collection services or
Containers provided by Contractor, Contractor shall notify the City Contract Manager of such
refusal for reporting purposes.
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In accordance with Section 4 .5,the City Contract Manager may request Contractor to modify its
scope of service to include Collection of Recyclable Materials in addition to those defined in
Article 1.If the City Contract Manager requests Collection of additional Recyclable Materials ,
the Contractor shall not receive additional compensation for such service if the Recyclable
Materials are placed by Generator in the existing Rec yclable Materials Container.
5.2.2 Multi-Family Premises
Contractor shall Collect Recyclable Materials from all Multi-Family Premises as frequently as
scheduled by Customer,but not less than once per week.
Contractor shall provide each Customer with Containers for Recyclable Materials Collection.At
a minimum,Contractor shall provide no less than ninety-six (96)gallons of Container capacity
for Recyclable Materials Collection for every two dwelling units at the Premises.Contractor
shall offer each Customer with a choice of one or more Carts with capacities ranging from sixty-
four (64) to ninety-six (96)gallons (or similar sizes) or Bins with capacities ranging from one (1)
to six (6) cubic yards (or similar sizes). Carts and Bins may be shared by the Occupants of the
Multi-Family Premises.
5.2.3 Commercial Premises
Contractor shall Collect Recyclable Materials from all Commercial Premises as frequently as
scheduled by Customer,but not less than once per week.
Contractor shall allow Commercial Customers to select one or more of the following Collection
service methods that best suits the needs of its Premises:
A. Individual Cart or Bin service.Contractor shall allow Commercial Customers to use
Carts or Bins for Recyclable Materials Collection.Contractor shall provide each
Customer with a choice of one or more Carts with capacities ranging from sixty-four (64)
to ninety-six (96)gallons or Bins with capacities ranging from one (1) to six (6) cubic
yards (or similar sizes).
B. Centralized Cart or Bin service.Contractor shall allow Commercial Customers to use
Carts or Bins for Recyclable Materials Collection that are shared by the Occupants of two
(2) or more Commercial Premises with a minimum sixty-four (64)gallons per business
subject to the shared billing requirements described in Section 7.2.B. In such case ,
Contractor shall pro vide one or more Carts or Bins to such Premises as requested by
Customer(s)provided that a minimum of sixty-four (64)gallons (or similar volume)of
Container capacity for Recyclable Materials is provided for every Commercial Premises.
5.3 ORGANIC MATERIALS COLLECTION
5.3.1 General
Contractor shall Collect Organic Materials that are placed in the Customer's Organic Materials
Collection Container provided that the Customer has Source Separated the Organic Materials
from Solid Waste and Recyclable Materials.
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5.3.2 Multi-Family Premises
Contractor shall Collect Source Separated Green Waste from Multi-Family Premises from
Customers voluntarily subscribing to service as frequently as scheduled by Customer, but not
less than once per week. Contractor shall provide each Customer with a choice of one or more
Carts with capacities ranging from sixty-four (64) to ninety-six (96) gallons (or similar sizes), or
Bins with capacity ranging from one (l)to six (6) cubic yards (or similar sizes). Contractor shall
Collect Green Waste at the designated location agreed upon by Contractor and Customer.
If Customer requests Green Waste Collection services, Contractor shall provide requested
service and shall charge Customer for service at City-approved Rates.
In accordance with Section 4.5, the City Contract Manager may request Contractor to include
Food Scraps in Multi-Family Collection during the Term.
5.3.3 Commercial Premises
Contractor shall Collect Organic Materials from Commercial Premises from Customers
voluntarily subscribing to service as frequently as scheduled by Customer, but not less than once
per week.If Customer requests Organic Materials Collection services, Contractor shall provide
the requested service and shall charge Customer for such service at City-approved Rates.
Contractor shall allow Commercial Customers to select one or more of the following Collection
service methods that best suits the needs of its Premises:
A.Individual Cart or Bin service.Contractor shall allow Commercial Premises to use
Carts or Bins for Organic Materials Collection. Contractor shall provide each Customer
with a choice of one or more Carts with capacities ranging from sixty-four (64) to ninety-
six (96) gallons (or similar sizes), or Bins with capacity ranging from one (l)to six (6)
cubic yards (or similar sizes).
B.Centralized Cart or Bin service.Contractor shall allow for Commercial Premises to
use Carts or Bins for Organic Materials Collection, which are shared by the Occupants of
two (2) or more Commercial Premises with a minimum sixty-four (64) gallons per
business subject to the shared billing requirements described in Section 7.2.B. In such
case,Contractor shall provide one or more Carts or Bins to such Premises as requested by
Customer(s) provided that no less than sixty-four (64) gallons (or similar volume)of
Container capacity for Organic Materials is provided for every Commercial Premises.
5.4 COLLECTION FROM CITY FACILITIES
As specified in Section 4.2, the City has the right to Collect and Transport Solid Waste,
Recyclable Materials, and Organic Materials from City facilities to a Disposal Location or
Processing Site; however, at the commencement of this Agreement the City chooses to have the
Contractor provide Collection services for City facilities.If during the Term of the Agreement,
the City exercises its rights to Collect and Transport Solid Waste, Recyclable Materials, and
Organic Materials from City facilities, the change in scope shall be handled in accordance with
provisions of Section 4.5.
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Contractor shall Collect Solid Waste, Recyclable Materials, and Organic Materials from City
locations at the service levels and Collection frequency identified in Exhibit F, at no charge to
the City. City reserves the right to increase the service levels provided to City facilities and to
add City facilities in Service Area No.1,provided that the services shall only be provided at no
charge to City-owned and operated facilities. Such Collection shall occur at least once per week
or more frequently as requested by the City.Contractor shall provide and maintain Collection
Containers for the City's use.
Contractor may integrate Collection of Solid Waste, Recyclable Materials, and Organic
Materials from City facilities with other Collection services, provided that Contractor attributes
estimated Tonnage Collected from City facilities separately from other Customers.
5.5 COLLECTION FROM SPECIAL EVENTS
Upon request from the City,Contractor shall Collect Solid Waste and Recyclable Materials at
special events held within Service Area No.1.Contractor shall provide an adequate number and
type of Collection Containers for the special events and shall coordinate its Collection services
with the City.Contractor shall prepare and distribute information to the public during such
events describing the Collection options available and promoting Recycling. The Contractor
shall provide a report in a City Contract Manager-approved format including, at a minimum, the
number of Containers provided for use by the public at the event, the Contractor's public
education and outreach activities at the event, and the Tonnage of material collected, Disposed,
and Recycled to the City Contract Manager within ten (10) Business Days of the end of each
event.
Contractor shall provide this service at no additional charge for any and all City-sponsored or
operated events within Service Area No.1.Contractor shall provide services to private event
sponsors and/or operators at a rate to be negotiated with the event operator, however, in no case
shall that rate exceed half of the monthly Maximum Permissible Rate for comparable service
levels.
5.6 ABANDONED WASTE COLLECTION
Contractor shall direct its Collection vehicle drivers to note (i) the addresses of any Premises at
which the driver observes that Solid Waste, Recyclable Materials, and/or Organic Materials is
accumulating; and (ii) the address, or other location description, at which Solid Waste,
Recyclable Materials, and/or Organic Materials has been dumped in an apparently unauthorized
manner.Contractor shall deliver the address or description to City Contract Manager within five
(5) Business Days of such observation.
Contractor shall Collect Solid Waste and Bulky Items abandoned by Generators in Service Area
No. 1 upon direction from the City Contract Manager.Contractor shall dispatch a truck to
Collect abandoned materials at locations in Service Area No. 1 identified by Contractor or at
locations identified by the City Contract Manager. When the Contractor has received a verbal
request from the City Contract Manager to Collect abandoned materials at a specific location,
Contractor shall Collect such materials within forty-eight (48) hours of receiving the request
unless special circumstances warrant a longer period.In this case, Contractor shall notify the
City Contract Manager of such circumstances and the need for additional time to Collect such
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materials within twenty-four (24) hours of the City Contract Manager 's verbal notice to Collect
abandoned waste.
Contractor shall not be required to collect more than fifty (50) tons of abandoned waste per year ,
nor shall Contractor be required to collect any material that would require the use of equipment
not already utilized to provide service under this Agreement.
Contractor shall be responsible for costs associated with the Collection,Transportation,and
Disposal of such material.Contractor shall record the date, time ,location,and description of
material Collected including the volume of such material;location where such material was
Disposed;and cost of Disposal.Copies of receipts from Disposal Site for Disposal of abandoned
Solid Waste shall be made available by Contractor upon request by the City Contract Manager.
Tonnage or volume of material Collected shall be reported to the City Contract Manager on a
quarterly basis.
ARTICLE 6.
PROCESSING AND DISPOSAL
6.1 RECYCLABLE MATERIALS PROCESSING
A. Processing.Contractor has selected the Approved Recyclable Materials Processing Site
and secured sufficient capacity there to Process Recyclable Materials Collected under this
Agreement.Contractor shall provide the City Contract Manager,upon request ,with
documentation demonstrating availability of such capacity.Contractor shall pay all costs
associated with Transporting Recyclable Materials to the Approved Recyclable Materials
Processing Sites as well as any Processing costs.
Contractor agrees to Transport and deliver all Recyclable Materials it Collects in Service
Area No. I to the Approved Recyclable Materials Processing Site. Residue from the
Recyclable Materials shall be Disposed of by Contractor at the Designated Disposal Site
or a Disposal Site selected by Contractor.Notwithstanding any other contract or
agreement between Contractor and City ,Contractor shall pay all costs associated with
disposal of residue from the Recyclable Materials it Collects.
Contractor,or its Subcontractor,shall cause the Approved Recyclable Materials
Processing Site(s) to be in full regulatory compliance at all times,including but not
limited to compliance with all required permits.Contractor shall provide copies of
notices of violation or permit modifications to the City Contract Manager within five (5)
Business Days of receipt.
If Contractor elects to use a Processing Site that is different from the Approved
Recyclable Materials Processing Site ,it shall secure prior written approval from the City
Contract Manager,which approval must be obtained at least ninety (90) days prior to use
of such site(s) and will not be unreasonably withheld by the City. The City shall not
compensate the Contractor for any increased Transportation and Processing costs
associated with the use of Processing Site(s)different than the Approved Recyclable
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Materials Processing Site(s). In the event that Contractor elects to use a new Processing
Site, Contractor shall be obligated to compensate the City for any lost revenues resulting
from said election including, but not necessarily limited to, per ton payments from the
Contractor or Approved Recyclable Materials Processing Site for the Recyclable
Materials delivered there and/or increases in tipping fees resulting from the reduction in
the volume of material handled at such facility.
B. Transfer.If Contractor uses a Transfer Station for Recyclable Materials, Contractor
shall select the Transfer Station and secure sufficient capacity to transfer Recyclable
Materials Collected under this Agreement. Contractor shall provide the City Contract
Manager, upon request, with documentation demonstrating availability of such capacity.
All costs associated with Transporting Recyclable Materials to the Transfer Station as
well as any transfer costs shall be paid by Contractor. Contractor shall not use any
Transfer Station unless it has first obtained written approval of the Transfer Station from
the City Contract Manager at least ninety (90) days prior to use of the Transfer Station.
Said approval shall not be unreasonably withheld by the City.
If the Contractor (i)Transports Recyclable Materials to a Transfer Station where the
materials will be unloaded from Collection vehicles and loaded into large-capacity
vehicles and Transported to the Processing Site(s), or (ii) pulls two or more Collection
trailers in tandem with one truck, and the Contractor is unable to do so, then the
Contractor shall be responsible for making other Transportation arrangements. In such
event, Contractor shall not be compensated for any additional costs.If the Contractor
plans to change its transfer method, Contractor shall obtain written approval from the
City Contract Manager prior to making the change. The City Contract Manager's
approval shall authorize the transfer method and the facility(ies) Contractor proposes to
use.
C.Marketing.The Contractor or Subcontractor shall be responsible for the marketing of
Recyclable Materials it Collects in Service Area No.1.Contractor shall prepare
Recyclable Materials for market or develop end uses for materials that maximize
diversion credits according to the regulations established by the Act. Contractor shall not
use any Recyclable Materials for the purposes of ADC or any other on-site landfill
utilization or for transformation fuel, unless prior written approval is obtained from the
City Contract Manager.
Contractor shall prepare and maintain a City Contract Manager-approved marketing plan
for all Recyclable Materials it Collects in Service Area No.1.The plan shall be in place
on or before the Commencement Date of this Agreement. The marketing plan shall fully
describe the Contractor's marketing methods and approach, targeted primary and
contingent markets, pricing policy and assumed salvage value for Recyclable Materials
products, and contingency plans if market conditions are severe.
Contractor shall provide proof to the City Contract Manager that all Recyclable Materials
Collected are marketed for use in such a manner that materials shall be considered as
diverted in accordance with the State regulations established by the Act. All residual
29
material from the Processing activities that is not marketed for use shall be accounted for
as Disposal Tonnage at a permitted Disposal Site.
D.Disposal of Recyclable Materials Prohibited.Recyclable Materials may not be
Disposed of in lieu of Processing and Marketing the material, without the prior written
approval of the City Contract Manager. If Contractor believes that it cann<?t divert the
Recyclable Materials from Disposal ,then it shall prepare a written request for approval to
Dispose of such material. Such request shall contain the basis for its belief, describe the
Contractor's efforts to arrange for the diversion from Disposal of such material ,the
period required for such Disposal, the incremental costs or cost savings resulting from
such Disposal ,and any additional information supporting the Contractor's request. The
City Contract Manager shall consider the Contractor's request and inform Contractor in
writing of its decision within 30 calendar days.
E.City Right to Select Processing Site. The City reserves the right to direct Contractor to
Recyclable Materials Processing Site(s) other than that selected by Contractor in the
event that the Contractor and/or the Approved Recyclable Materials Processing Site is not
operating in accordance with this Agreement and/or Applicable Law.In such case ,
Contractor shall have no indemnification obligations pursuant to Section 12.1 for actions
or negligence of the owner or operator of the City-selected Processing Site(s). City
Contract Manager shall provide written notice to Contractor not less than ninety (90)
days before effective date of the change and Contractor shall have ninety (90) days
following such notice to either bring the Approved Recyclable Materials Processing Site
into compliance with the requirements of this Agreement and/or Applicable Law .Should
the Contractor be unsuccessful in their attempts to do so ,only then will the Contractor be
required to use the City-selected Processing Site(s)..
6.2 ORGANIC MATERIALS PROCESSING
A.Processing.Contractor shall select Processing Site(s) and secure sufficient capacity to
Process Organic Materials Collected under this Agreement. Contractor shall provide the
City Contract Manager, upon request ,with documentation demonstrating availability of
such capacity.Contractor shall pay all costs associated with Transporting Organic
Materials to the Processing Sites as well as any Processing costs. The Processing Site(s)
selected by Contractor shall be approved in writing by the City Contract Manager at least
ninety (90) days prior to use of such site(s).
Contractor agrees to Transport and deliver all Source Separated Organic Materials it
Collects in Service Area No .1 to the Approved Processing Site(s). Residue from the
Organic Materials shall be Disposed of by Contractor at the Designated Disposal Site or a
Disposal Site selected by the Approved Organic Materials Processing Site.
Contractor ,or its Subcontractor,shall cause the Approved Processing Site(s) to be in full
regulatory compliance at all times ,including but not limited to compliance with all
required permits. Contractor shall provide copies of notices of violation or permit
modifications to the City Contract Manager within five (5) Business Days of receipt.
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If Contractor elects to use a Processing Site that is different from the Approved
Processing Site agreed-upon at the Execution Date, it shall secure prior written approval
from the City Contract Manager and such approval will not be unreasonably withheld.
The City shall not compensate the Contractor for any increased Transportation and
Processing costs associated with the use of Processing Site(s) different from the
Approved Processing Site(s).
B.Transfer.If Contractor uses a Transfer Station for Organic Materials,Contractor shall
select the Transfer Station and secure sufficient capacity to transfer Organic Materials
Collected under this Agreement. Contractor shall provide the City Contract Manager,
upon request, with documentation demonstrating availability of such capacity. All costs
associated with Transporting Organic Materials to the Transfer Station as well as any
transfer costs shall be paid by Contractor.Contractor agrees to use Approved Transfer
Station and such site approval shall be obtained from the City Contract Manager at least
ninety (90) days prior to use of such site.
If the Contractor (i) Transports Organic Materials to a Transfer Station where the
materials will be unloaded from Collection vehicles and loaded into large-capacity
vehicles and Transported to the Processing Site(s), or (ii) pulls two or more Collection
trailers in tandem with one truck, and the Contractor is unable to do so, then the
Contractor shall be responsible for making other Transportation arrangements. In such
event, Contractor shall not be compensated for any additional costs.If the Contractor
plans to change its transfer method,Contractor shall obtain written approval from the
City Contract Manager prior to making the change. The City Contract Manager's
approval shall authorize the transfer method and the facility(ies)Contractor proposes to
use.
C.Marketing.The Contractor or Subcontractor shall be responsible for the marketing of
Organic Materials it Collects in Service Area No.1.Contractor shall make end products
(Compost or mulch) or develop end uses for materials that maximize diversion credits
according to the regulations established by the Act. Contractor shall not use any Organic
Materials for the purposes of ADC or any other on-site landfill utilization or for
transformation fuel, unless prior written approval is obtained from the City Contract
Manager.
Contractor shall prepare and maintain a City Contract Manager-approved marketing plan
for all Organic Materials it Collects in Service Area No.1.The plan shall be in place on
or before the Commencement Date of this Agreement. The marketing plan shall fully
describe the Contractor's marketing methods and approach, targeted primary and
contingent markets, pricing policy and assumed salvage value for Organic Materials
products, and contingency plans if market conditions are severe.
Contractor shall provide proof to the City Contract Manager that all Organic Materials
Collected is marketed for use in such a manner that materials shall be considered as
diverted in accordance with the State regulations established by the Act. All residual
material from the Processing activities that is not marketed for use shall be accounted for
as Disposal Tonnage at a permitted Disposal Site. No Organic Materials shall be
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transported to a domestic or foreign location if Disposal of such material is its intended
use.
D.Disposal of Organic Materials Prohibited.Source Separated Organic Materials may
not be Disposed of in lieu of Composting the material, without the expressed written
approval of the City Contract Manager. If Contractor believes that it cannot divert the
Organic Materials from Disposal,then it shall prepare a written request for approval to
Dispose of such material. Such request shall contain the basis for its belief, describe the
Contractor's efforts to arrange for the diversion from Disposal of such material, the
period required for such Disposal,the incremental costs or cost savings resulting from
such Disposal,and any additional information supporting the Contractor's request. The
City Contract Manager shall consider the Contractor's request and inform Contractor in
writing of its decision within 30 calendar days.If the City Contract Manager approves
such request and the difference in the cost of such Disposal compared to the diversion is
greater than $10,000, then the Contractor's Compensation shall be adjusted in accordance
with Section 11.6.
E.City Right to Select Processing Site. The City reserves the right to direct Contractor to
Processing Site(s) other than that selected by Contractor.In such case, the Contractor
shall be released from its indemnification obligation in Section 12.1 as it relates to
actions or negligence of the Owner and operator of the City-selected Processing Site(s),
and the City shall adjust Contractor's Compensation in accordance with procedures for a
City-directed change in scope in accordance with Section 4.5. City Contract Manager
shall provide written notice to Contractor not less than ninety (90) days before effective
date of the change.
6.3 SOLID WASTE DISPOSAL
Contractor shall Transport to and Dispose of all Solid Waste Collected in Service Area No.1 at
the Designated Disposal Location.Contractor shall pay all costs associated with the Transporting
and Disposing of Solid Waste.Contractor shall maintain accurate records of the quantities of
Solid Waste Transported to the Designated Disposal Location and will cooperate with the City
Contract Manager in any audits or investigation of such quantities or their composition.The
Parties acknowledge that the Designated Disposal Location is responsible for delivering all Solid
Waste which remains after Processing at the Designated Disposal Location to the Designated
Landfill Site,pursuant to the Services Agreement between Orange Avenue Disposal Company,
Inc. and the City dated February 25, 2004.
Contractor shall cooperate with the operator of the Designated Disposal Location with regard to
operations therein,including for example,complying with directions from the operator to unload
Collection vehicles in designated areas,accommodating to maintenance and operations and
construction of new facilities,cooperating with Hazardous Waste exclusion and load checking
programs,and so forth.Furthermore,Contractor shall comply with Sections 4 through 14 of the
Disposal Agreement in Exhibit O.
Subject to City's contractual obligations pursuant to any contract between Contractor and City
for the Disposal of Solid Waste, City reserves the right to designate a Designated Disposal
Location or allow the Contractor to select a Disposal Site other than that specified on the
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Effective Date or during the Tenn.In either case,Contractor's Compensation shall be adjusted
in accordance with Sections 4.5 and 11.6. For the purposes of adjusting costs related to
Collection vehicles driving to and from the Designated Disposal Location, the incremental
change in mileage between the Designated Disposal Location and the new site shall be measured
from Service Area No.1 's geographic centroid at Blackstone Avenue and Sierra Avenue.
Contractor may Dispose of residue from Organic Materials at any Disposal Site selected by the
Contractor.
Any Disposal Site used by Contractor must be designed and constructed in accordance with 23
California Code of Regulations Section 2510 et seq.("Subchapter IS"). Contractor shall ensure
that any such landfill (other than the Designated Disposal Location) has been issued all permits
from federal, state, regional, county and municipal agencies necessary for it to operate as a Class
III Sanitary Landfill and is in full compliance with those permits at all times. Contractor shall
provide copies of notices of violation or permit modifications to the City Contract Manager
within five (5) Business Days of receipt.
ARTICLE 7.
OTHER SERVICES
7.1 PUBLIC EDUCATION
Contractor shall work with Commercial Customers to improve the Recyclable Materials and
Organic Materials Collection programs. On the second anniversary of the Commencement Date
of this Agreement, Contractor shall have made reasonable efforts including, but not limited to,
all plans described in Contractor's Proposal to increase the volume of Recyclable Materials and
Organic Materials Collection services relative to Solid Waste Collection service provided to
businesses.
At a minimum,Contractor's efforts to increase the volume of Recyclable Materials Collection
service provided to businesses shall include contacting each Commercial Customer once per year
and each Multi-Family Customer twice per year to: (i) promote Recyclable Materials and
Organic Materials Collection services; (ii) present potential cost savings associated with
increased Recyclable Materials and Organic Materials Collection service and reduced Solid
Waste Collection services; (iii) perform a visual waste characterization assessment and present
recommendations for Recycling activities; (iv) learn about the potential barriers (e.g., space
constraints) to Recyclable Materials and Organic Materials Collection service and identify
solutions for overcoming such barriers; and, (v) providing signage, training brochures, videos,
and/or other media for distribution to tenants and/or employees to educate them on how to
properly participate in source reduction, Recycling, and Composting programs.
In conjunction with the City,Contractor shall develop, implement, and maintain a public
education program to educate the community and promote source reduction, reuse, Recycling,
Composting, and other services required by this Agreement.Contractor's public education
program shall focus on providing information to Customers in accordance with the specific
requirements described in Exhibit G. Educational media shall include, but not be limited, to
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newsletters, bill inserts, flyers, door hangers,notification tags, and direct contact.Information
shall be provided for initial start of new services, to solicit feedback about the service and
suggested improvement/change,and to educate Customers about source reduction, reuse, and
Recycling opportunities. Materials shall be printed on paper containing the highest levels of
recycled content material as is reasonably practical with a minimum requirement of thirty
percent (30%)post-consumer content based on Federal standards.
All public education materials required in this Section and Exhibit G shall be printed in English,
Spanish, Hmong, and any other language(s) requested by the City Contract Manager,provided
that such languages are used in City-produced public education and outreach materials.
Contractor shall obtain the City Contract Manager's approval of all public education materials
prior to printing, distribution, advertising, posting, or mailing. The City Contract Manager may,
in their sole discretion, provide Contractor with educational media developed to create a
consistent message throughout the City.Contractor shall be responsible for all reproduction and
distribution costs associated with materials provided by City Contract Manager.
If Contractor fails to perform some or all of the requirements of the public education program
described in this Section and in Exhibit G, the Contractor shall pay the City Liquidated Damages
as described in Section 13.5 and Exhibit H.
7.2 BILLING
A.General.Contractor shall bill all Customers and collect Billings in accordance with this
Section 7.2.
The Contractor shall prepare, distribute, and collect bills (or shall issue written receipts
for cash payments) for Collection services provided by Contractor. The City shall have
the right to review, and approve the Billing format.
Contractor shall arrange to allow its Customers to pay bills through the following means:
check; cash; credit card; internet payment service; or, automatic withdrawal from banking
account.
Contractor shall maintain copies of all Billings and receipts, each in chronological order,
for three years for inspection and verification by City, its employees, officers or agents at
any reasonable time upon request. The Contractor may, at its option, maintain those
records in computer form, on microfiche, or in any other manner,provided that the
records can be preserved and retrieved for inspection and verification in a timely manner.
Contractor shall be responsible for collection of payment from Customers with past due
accounts ("bad debt").Contractor shall make reasonable efforts to obtain payment from
delinquent accounts through issuance of late payment notices, telephone requests for
payments, and assistance from collection agencies.
In the event that any account becomes more than 45 days past due,Contractor shall notify
such Customer of the delinquency via written correspondence and telephone contact.
Should any account become more than 90 days past due,Contractor shall provide notice
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to the Customer via written correspondence,with a copy to the City Contract Manager,
that service may be discontinued if the account becomes more than 120 days past due.
Should any account become more than 120 days past due, Contractor may discontinue
providing service to the Customer including, at the sole option of the Contractor,
removing the Container from the Customer's service location. In the event that
Contractor removes a Container from the Customer's service location, Contractor may
charge the Customer a container replacement fee :in accordance with the Maximum
Permissible Rates established by this Agreement. No less than three (3) Business Days
prior to discontinuing service to a Customer, Contractor shall notify the City Contract
Manager of the address, service level, service frequency, and delinquent billing amount.
Contractor may withhold service from a delinquent account until past delinquencies are
paid in full. Upon restoring service to a previously delinquent account,Contractor may
charge the Customer a container replacement fee, in accordance with the Maximum
Permissible Rates established by this Agreement and may require a deposit from the
Customer not to exceed one month's billings at the Customer's service level.
Billing shall be performed on the basis of services rendered and this Agreement shall
create no obligation on the part of any Person on the sole basis of the ownership of
property.Nothing in this Section 7.2 shall be interpreted in such a way that would allow
Contractor to bill for, or require an Owner to pay for, services without regard to the use
of those services or the occupancy ofthe Owner's Premises.
Contractor may request, subject to the approval of the City Contract Manager, a change
in the timing of billings (e.g. changing from monthly to quarterly).
B.Customer-Specific Billing Instructions
1.Multi-Family Billing. Bills for Multi-Family service shall be mailed to Customers
monthly in advance of the provision of service. Contractor shall bill Owner or
property manager of the Multi-Family Premises.
2.Commercial Billing.Bills for Commercial service (including Bin,Roll-Off Box,
and Compactor services) shall be mailed to Customers monthly in advance of the
provision of service.If Commercial Customers have centralized service (in which
Containers are shared by more than one Commercial Premises),Contractor shall bill
one Customer for centralized services or, at the request of the Commercial
Customers sharing the Containers, Contractor shall treat each Commercial Premises
as a separate Customer and shall bill each Customer for service costs equal to the
service Rate divided by the number of Commercial Premises sharing the service
provided that the Owner or Occupant of one of the Commercial Premises sharing
services takes sole responsibility for paying the Contractor for services in the event
the other parties fail to do so.
C. Bill Inserts.City Contract Manager may direct Contractor to produce and insert mailers
(which shall be a single sheet of paper no larger than 8.5 inches by 11 inches) relating to
service with the bills. The mailers shall be printed on double-sided,post-consumer-
content paper and shall fit in standard envelopes. Contractor also agrees to insert with the
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Billings, mailers describing activities of the City government. City Contract Manager
will provide not less than thirty (30) calendar days' notice to Contractor before the
mailing date of any proposed mailing to permit Contractor to make appropriate
arrangements for inclusion of the City's materials. City Contract Manager will provide
Contractor the mailers at least fifteen (15) calendar days before the mailing date. The
cost of such inserts and any additional postage shall either be paid for by the City ~r
included in the costs upon which Rates are based.
D.Review of Billings.Contractor shall review its Billings to Customers to determine (i)if
the amount the Contractor is Billing each Customer is correct in terms of the level of
service (i.e., frequency of Collection, size of Container, location of Container) Contractor
is providing such Customer, and (ii) that all parties receiving service are invoiced for
service. Contractor shall review Customer accounts at least every other year, unless City
Contract Manager directs Contractor to do otherwise. Contractor shall submit to City
Contract Manager every year, a written report of the billing review thirty (30) days after
the end of each Rate Period. The scope of the review, the Contractor's work plan, and
the format of the report (including supporting exhibits) shall be submitted to the City
Contract Manager for approval no later than sixty (60) days prior to commencement of
the Billing review process. The City may perform this review itself or through use of an
agent. Should City or its agent perform this review and identify billing errors valued at
one percent (1%)or more of gross annual Rate revenues, Contractor shall, in addition to
compensating City for lost fees, reimburse the City's cost of the review, up to fifty
thousand dollars ($50,000) for Service Area No.1.
7.3 CUSTOMER SERVICE PROGRAM
7.3.1 Program Requirements
A.Availability of Representatives.A representative of the Contractor shall be available
from 8 a.m. to 5 p.m. Monday through Friday to communicate with the public in person
and by telephone. A message machine or voicemail service shall be available for
Customers to leave messages during non-business hours. Calls received during non-
business hours shall be returned no later than noon of the following Business Day.
Contractor shall also maintain an after-hours telephone number allowing 24-hour per day
access to Contractor management by City in the event of an emergency involving
Contractor's equipment or services including, but not necessarily limited to, fires,
blocked access, or property damage.
B.Telephone.Contractor shall maintain a telephone system in operation at its office from 8
a.m. to 5 p.m. and shall have staff available to answer calls. Contractor shall install
telephone equipment sufficient to handle the volume of calls experienced on the busiest
days and such telephone equipment shall be capable of recording the responsiveness to
calls. Recording of Contractor's responsiveness to calls shall include, at a minimum, all
items included in the Customer service standards listed in Exhibit H and Liquidated
Damages identified in Section 13.5 and Exhibit H.If Persons are unable with reasonable
effort to reach Contractor's office by phone, or are subject to waiting time "on hold"of
more than three (3) minutes prior to reaching a Customer service representative, City
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Contract Manager may require that Contractor install additional telephone lines or hire
additional Customer service representatives. An answering machine or voicemail service
shall record Customer calls and voice messages between 5:00 p.m. and 8:00 a.m.
Liquidated Damages may be levied for Contractor's failure to meet Customer service
standards provided in Exhibit H in accordance with Section 13.5.
C.Web Site. Contractor shall develop and maintain a web site that is accessible by the
public and that describes services provided in Service Area No.1.The site shall include
answers to frequently asked questions, service Rates, Recyclable Materials and Organic
Materials program specifications, and other related topics.Contractor's web site shall
provide the public the ability to e-mail Contractor questions, service requests, or
Complaints.Contractor's web site shall provide the Customers with the ability to pay
their bills through an electronic check or credit card and include the ability for Customer
Billings to be automatically charged to payment mechanism on a recurring basis.
D.Customer Satisfaction Survey.The City may conduct a Customer satisfaction survey
as frequently as once each year.
E.Training.Customer service representatives shall receive training during each quarter of
the calendar year on City-specific service requirements. During the training, a City-
specific Collection service and fee information sheet, training agenda, and associated
documentation shall be provided to employees. A copy of all training materials and sign-
in sheet documenting all employees attending the training shall be provided to the City
Contract Manager within five (5) Business Days of each training event.
F.Local Office. Throughout the Term of this Agreement Contractor shall maintain a local
office within a 25-mile radius of City Hall, that may be located in either the City or
County of Fresno, where all Customer service personnel and operations shall be housed
for Customers served under this Agreement.
7.3.2 Service Complaints
Contractor shall be responsible for the prompt and courteous attention to, and prompt and
reasonable resolution of, all Complaints. Contractor shall record in a separate log, approved as
to form in writing by City Contract Manager, all Complaints, noting the name and address of
complainant, date and time of Complaint, nature of Complaint, and nature and date of resolution.
The Contractor shall retain this Complaint log for the Term. In addition, Contractor shall
compile a summary statistical table of the Complaint log, satisfactory to the City Contract
Manager, and submit the table to City Contract Manager each month.
Contractor shall respond to all Complaints received within twenty-four (24) hours, weekends and
Holidays excluded. In particular, if a Complaint involves a failure to Collect Solid Waste,
Recyclable Materials or Organic Materials from a Premises in the City, Contractor shall Collect
the material in question within twenty-four (24) hours of receipt of the Complaint, provided that
Generator has properly placed materials for Collection in accordance with the City's Municipal
Code. Liquidated Damages may be levied for Contractor's failure to meet the service Complaint
standard and additional Customer service standards provided in Exhibit H in accordance with
Section 13.5.
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7.4 PROVISION OF EMERGENCY SERVICES
Contractor shall provide emergency services at the City Contract Manager's request in the event
of major accidents,disruptions,or natural calamities.Emergency services may include, but are
not limited to,assistance handling salvaged materials,Processing,Composting,or Recycling
materials,or Disposing of Solid Waste following a major accident,disruption,or natural
calamity.Contractor shall be capable of providing emergency services within twenty-four (24)
hours of notification by the City Contract Manager or as soon thereafter as is reasonably
practical in light of the circumstances.Emergency services,which exceed the Contractor's
obligations,shall be compensated in accordance with Section 11.6.If Contractor cannot provide
the requested emergency services,the City shall have the right to take possession of the
Contractor's equipment for the purposes of providing emergency services.
ARTICLE 8.
STANDARDS AND REQUIREMENTS
FOR SERVICES,EQUIPMENT,AND
PERSONNEL
8.1 COLLECTION HOURS AND SCHEDULES
A.Hours of Collection.Collection shall only occur between the hours of 5:30 a.m. and
9:00 p.m., Sunday through Saturday. The City Contract Manager may require
modifications to hours for Collection to resolve noise Complaints,and, in such case, the
City Contract Manager may change the allowable Collection hours.
B.Collection Route Schedules.Contractor shall provide City Contract Manager with route
maps and daily Collection schedules for each Collection service. Such maps and
schedules shall be reviewed and approved by the City Contract Manager.Contractor
shall not permit any Customer's service to lapse more than seven (7)calendars days
during a Collection schedule change.
C.Holiday Collection Schedule.Contractor,at its sole discretion,may choose not to
provide Collection services on a Holiday. In such event,Contractor shall provide
Collection services on the day following the Holiday. The Contractor shall provide
Customers notice of Holiday-related changes in Collection schedules at least two weeks
prior to the change;but in no case, shall Contractor notice Customers three weeks prior to
the change.
D.Contingency Plan.Contractor shall submit to City Contract Manager,on or before the
Commencement Date, a written contingency plan demonstrating Contractor's
arrangements to provide vehicles and personnel and to maintain uninterrupted service
during mechanical breakdowns,and in case of natural disaster or other emergencies.
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8.2 COLLECTION STANDARDS
8.2.1 Implementation of Services
The Contractor's implementation of the new services required under this Agreement shall occur
in a smooth and seamless manner so that Customers and/or Generators do not experience
disruption in Collection services.Contractor shall be responsible for managing implementation
of new Collection services and other related services and shall do so in accordance with the
implementation plan in Exhibit D.
8.2.2 Servicing Containers
Contractor shall pick up and return each Container to the location where the Generator properly
placed the Container for Collection.Contractor shall place the Containers upright with lids
properly secured or closed. The City may levy Liquidated Damages for repeat occurrences of
Container misplacement in accordance with Section 13.5 of this Agreement.
Contractor shall use due care when handling Containers.Containers shall not be thrown from
trucks,roughly handled,damaged,or, broken.
Contractor,at the request of Customers,shall provide special services including:unlocking
Containers;accessing Container enclosures with a key or remote;or pulling or pushing
Containers to the Collection vehicle.Contractor may charge Customers for extra services in
accordance with City-approved Maximum Permissible Rates.
8.2.3 Weighing Materials Separately from Other Jurisdiction
Unless otherwise approved by the City Contract Manager,Solid Waste,Recyclable Materials,
and Organic Materials Collected in the City shall not be mixed with other materials collected
from other jurisdictions before the City's material has been accurately weighed and recorded.
8.2.4 Instructions to Customer
Contractor shall instruct Customers as to any requirements for the proper separation of materials
or placement of Containers for Solid Waste,Recyclable Materials,and Organic Materials.If
Customers are not adhering to Contractor's instructions,Contractor shall notify such Customers.
In cases of extreme or repeated failure to comply with the instructions,Contractor may decline to
pick-up the Solid Waste,Recyclable Materials,or Organic Materials provided that Contractor
leaves a tag at least two inches by six inches (2" x 6") in size on the Container indicating the
reason for refusing to Collect the material and identifying the steps Customer and/or Generator
must take to recommence Collection service.If Recyclable Materials or Organic Materials set
out for Collection contain 25% or 5%,respectively,or greater by volume of Solid Waste,
Contractor shall Collect materials and leave a warning notice for the Customer.Contractor shall
report to the City Contract Manager any warning notices issued to Customers within one (1)
Business Day of issuance.Contractor shall provide direct person-to-person education and
outreach to Customers with repeated contamination notices. The Contractor shall assist such
Customers in developing employee and/or tenant training and Collection strategies which reduce
contamination levels.
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8.2.5 Overages
Contractor shall direct its employees not to Collect Solid Waste beyond each Customer's
subscription level of service unless the business office of Contractor has granted prior
authorization to make such Collection.
8.2.6 Care of Private Property
Contractor shall not damage private or City-owned property.Contractor shall ensure that its
employees: (i) close all gates opened in making Collections, unless otherwise directed by the
Generator; (ii) do not cross landscaped areas; (iii) do not climb or jump over hedges and fences;
and, (iv) check for obstructions or impediments including, but not limited to, lighting, plumbing,
wiring, or signage prior to operating Collection equipment.
City shall refer Complaints about private property damage to Contractor. Contractor shall repair
all damage to private or City-owned property caused by its employees. In the event of repeat
occurrences of property damage, the Contractor shall pay Liquidated Damages in accordance
with Section 13.5.
8.2.7 Litter Abatement
A.Minimization of Spills. Contractor shall use due care to prevent Solid Waste,
Recyclable Materials, Organic Materials, vehicle oil, and vehicle fuel from being spilled
or scattered during the Collection or Transportation process.If any materials are spilled
or scattered during Collection, the Contractor shall promptly clean-up all spilled and
scattered materials.
Contractor shall not transfer loads from one vehicle to another on any public street,
unless it is necessary to do so because of mechanical failure, hot load (combustion of
material in the truck), accidental damage to a vehicle, or unless approved by the City
Contract Manager.
B.Clean-Up.During Collection, the Contractor shall clean-up litter in the immediate
vicinity of any Container storage area (including the areas where Containers are delivered
for Collection) whether or not Contractor has caused the litter. Each Collection vehicle
shall carry protective gloves, a broom, and shovel at all times for the purpose of cleaning
up litter. Cat-litter or similar absorbent material shall be used by Contractor for cleaning
up liquid spills. The Contractor shall discuss instances of repeated spillage not caused by
it with the Customer of the Premise where spillage occurs, and Contractor shall report
such instances to City Contract Manager.
C.Covering of Loads.Contractor shall cover all open Roll-Off Boxes, with an approved
cover, at the Collection location before Transporting materials to the Designated Disposal
Location,Designated Recyclable Materials Processing Site, or Approved Processing
Sites.
8.2.8 ~oise
All Collection operations shall be conducted as quietly as possible and shall conform to
applicable Federal, State, county, and City noise level regulations. Contractor will promptly
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resolve any Complaints of noise during the morning or evening hours of the day to the
satisfaction of the City Contract Manager. In the event of repeat occurrences of noise levels in
excess of fifty (50) dbA, the Contractor shall pay Liquidated Damages in accordance with
Section 13.5.
8.3 VEHICLE REQUIREMENTS
8.3.1 General
On the Commencement Date of this Agreement, Contractor shall take possession of Collection
vehicles previously owned by the City and designated for Service Area No.1 and Contractor
shall pay the City the sales price specified in Exhibit N. Prior to Contractor taking possession of
the Collection Vehicles, City shall ensure that each vehicle is in such a condition that it would
pass California Highway Patrol BIT inspection criteria. Although the Contractor is required to
take ownership of and possession of the Collection vehicles previously owned by the City, the
Contractor is not obligated to use such Collection vehicles to provide the Collection services
required by this Agreement. The Contractor may sell the Collection vehicles previously owned
by the City or use such vehicles to provide services in the City or other jurisdictions.If
Collection vehicles previously owned by the City are to be used in the City to provide services
under this Agreement, all City-specific paint schemes, logos, phone numbers, advertising, or
other identification shall be removed from the vehicles within ninety (90) days of the
Commencement Date. If Collection vehicles previously owned by the City are to be sold or
transferred to operations in another jurisdiction,all City-specific paint schemes, logos, phone
numbers, advertising, or other identification shall be removed from the vehicles prior to sale or
transfer.
At all times during the Term of the Agreement, Contractor shall provide a fleet of Collection
vehicles sufficient in number and capacity to efficiently perform the work required by the
Agreement in strict accordance with its terms. Contractor shall have available sufficient back-up
vehicles for each type of Collection vehicle used (e.g., side loader, front loader, and roll-off
vehicles) to respond to Complaints and emergencies. Vehicles shall be owned or leased by
Contractor.
8.3.2 Specifications
All vehicles used by Contractor in providing Collection services shall be registered with the
California Department of Motor Vehicles. All such vehicles shall have watertight bodies
designed to prevent leakage, spillage or overflow. All such vehicles shall comply with U.S.
Environmental Protection Agency (EPA) noise emission regulations and other applicable noise
control regulations. Any vehicle that does not comply with noise level requirements shall be
prohibited from performing services under this Agreement.
As required by law, Contractor shall comply with State and Federal regulations including, but
not limited to: (i) the California Air Resources Board Heavy Duty Engine Standards, contained
in CCR Title 13, Section 2020 et seq; and, (ii) the Federal Environmental Protection Agency's
Highway Diesel Fuel Sulfur regulations (Section 209(b)of the Clean Air Act, as amended, 42
U.S.C.7543(b)).In addition, Contractor shall comply with all San Joaquin Valley Air Pollution
Control District, State, and Federal regulations related to emissions controls using engines,
vehicles, and/or control technologies that meet or exceed the 2011 or later model year vehicle
41
and engine requirements.If Contractor needs to convert,retrofit,or replace its Collection
vehicles to be in full compliance with local, State and Federal clean air requirements (including
compliance with requirements for 2011 or later model year vehicles)in effect on the
Commencement Date of the Agreement,the costs for such changes shall be the sole
responsibility of the Contractor and shall not be reimbursed through a change in Contractor's
Compensation or Rates. To the extent that clean air requirements become more or less stringent
after the Commencement Date of the Agreement,Contractor Compensation or Rates may be
adjusted upward or downward as specified in Section 11.5.
8.3.3 Vehicle Identification
Contractor's name, local telephone number,and a unique vehicle identification number for each
vehicle shall be prominently displayed on all vehicles,in letters and numbers that are a minimum
of four (4) inches high.Contractor shall not place the City's logo on its vehicles nor shall
Contractor paint their vehicles in a way that, in the reasonable judgment of the City Contract
Manager,would cause the public to mistake Contractor's vehicles with those that the City uses
for Residential Collection or utility services operations.Should City Contract Manager determine
that vehicle paint schemes are unacceptable,Contractor shall repaint or cause offending vehicles
to be repainted within ten (10)Business Days or be removed from service until the City Contract
Manager's concern is resolved.
8.3.4 Inventory
Contractor shall furnish sufficient equipment to provide all service required by this Agreement in
a timely fashion.Contractor shall furnish the City Contract Manager a written inventory of all
vehicles used in providing service, and shall update the inventory report annually.The inventory
shall list all vehicles by manufacturer,ID number,date of acquisition,type,capacity,decibel
rating, average weight of load, and average loaded axle weights.
8.3.5 Cleaning and Maintenance
A.General.Contractor shall maintain all of its properties,facilities, and equipment in a
safe, neat, clean and operable condition at all times.
B.Cleaning.Collection vehicles shall be thoroughly washed and thoroughly steam cleaned
to present a clean appearance of the exterior and interior compartment of the vehicle.
City Contract Manager may inspect vehicles at any time to determine compliance with
cleanliness requirements.Contractor shall make vehicles available to City Contract
Manager for inspection,in the event that City Contract Manager requests such an
inspection.
C.Maintenance.Contractor shall inspect each vehicle daily to ensure that all equipment is
operating properly.Vehicles that are not operating properly shall be taken out of service
until they are repaired and operate properly.Contractor shall perform all scheduled
maintenance functions in accordance with the manufacturer's specifications and schedule
or in accordance with California Highway Patrol standards,whichever are more stringent.
Contractor shall keep accurate records of all vehicle maintenance,recorded according to
date and mileage,and shall make such records available to the City Contract Manager
42
upon request to the extent necessary to perform the inspections described in Sections 8.8
and 9.1.3.
D.Repairs.Contractor shall repair, or arrange for the repair of, all of its vehicles and
equipment for which repairs are needed because of accident,breakdown or any other
cause so as to maintain all equipment in a safe and operable condition.Contractor shall
maintain accurate records of repair,which shall include the date/mileage,nature of repair
and the signature of a maintenance supervisor that the repair has been properly
performed.
E.Storage.Contractor shall arrange to store all vehicles and other equipment in safe and
secure location(s)in accordance with City's applicable zoning regulations.
8.3.6 Operation
Vehicles shall be operated in compliance with the State Vehicle Code, and all applicable safety
and local ordinances.Contractor shall not load vehicles in excess of the manufacturer's
recommendations or limitations imposed by State or local weight restrictions for vehicles and
roads.Contractor shall have each Collection vehicle weighed at the Designated Disposal
Location,Designated Recyclable Materials Processing Site,Approved Transfer Station,or
Approved Processing Sites to determine the unloaded weight ("tare weight")of the vehicle.
Contractor vehicles shall be permitted on City streets only during the Collection hours described
in Section 8.l.A.
8.4 CONTAINER REQUIREMENTS
A.General.On the Commencement Date of this Agreement,all Containers used by the
City to Collect Solid Waste,Recyclable Materials,and Organic Materials from Multi-
Family and Commercial Customers in Service Area No. 1 shall become property of the
Contractor;and the Contractor shall purchase such Containers from the City by paying
the City the sales price specified in Exhibit N. The City shall leave such Containers at
each Customer's service location for immediate use by Contractor and to minimize
disruptions in service to Customers.Contractor may elect to use the Containers
previously owned by the City or to replace such Containers.If Contractor elects to
continue to utilize the Containers,Contractor shall be responsible for removing all City-
specific identification from the Containers through repainting or the application of high-
quality waterproof stickers within ninety (90) days of acquiring such Containers from the
City.If Contractor chooses to replace Containers,the Contractor shall remove the
Container previously owned by the City and reuse or Recycle the Container.If Contractor
chooses to sell or transfer Containers to another operation,Contractor must remove all
City-specific identification prior to such sale or transfer.
Contractor shall provide Containers to all Customers at no additional charge as part of its
services.Containers shall be designed and constructed to be watertight and prevent the
leakage of liquids. All Containers shall meet applicable Federal,State, and local
regulations for safety and be covered with industry-standard attached lids. The useful life
of Containers shall be equal to or longer than the Term of the Agreement.All Containers
shall prominently display Contractor's name and telephone number.
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B.Cleaning,Painting,and Maintenance.Contractor shall maintain Containers in a safe,
serviceable,and functional condition.Contractor shall steam clean and repaint all
Containers,except Carts, as needed to present a clean appearance.Customers using Carts
shall be responsible for cleaning such Carts.If Contractor is notified by Customer that
their Container is impacted by graffiti,Contractor shall remedy the situation within forty-
eight (48) hours.
C.Repair and Replacement.Contractor shall repair or replace all Containers damaged by
Collection operations within a one-week period.If the repair or replacement cannot be
completed within one (I)week, the Contractor shall notify Customer and a Container of
the same size or larger shall be made available until the proper Container can be replaced.
At no additional cost,Contractor shall replace Customer Carts that have been stolen or
damaged.Contractor shall allow Customer to exchange Containers for a Container of a
different size at no additional cost.
D.City's Rights to Containers.Upon expiration or early termination of this Agreement,
all Carts, Bins,Compactors and Roll-Off Boxes (for permanent Customers)acquired by
Contractor and put into service at Customer's Premises before the first (lst)anniversary
of the Commencement Date shall become property of the City. All Carts, Bins,
Containers,and Roll-Off Boxes (for permanent Customers)purchased or leased and put
into service at Customers'Premises on or after the first (lst)anniversary of the
Commencement Date that have not been fully depreciated shall be available to the City
for purchase,at the City's option,at the Containers'net book value based on a IO-year
useful life.
At its sole discretion,the City may elect not to exercise its rights with regard to this
Section 8.4.D and, in such case, the Containers shall become the property of the
Contractor upon the expiration date of this Agreement or date of its earlier termination of
this Agreement.In such case,Contractor shall be responsible for removing all
Containers in service from Premises in accordance with the City-approved plan for
transitioning services from Contractor.Should Contractor fail to remove Containers
within three (3)Business Days, City may assume ownership of them or sell them to a
third party who would remove them from the Premises.
8.5 PERSONNEL
A.General.Contractor shall furnish such qualified drivers,mechanical,supervisory,
Customer service,clerical and other personnel as may be necessary to provide the
services required by this Agreement in a safe and efficient manner.
B.Hiring of City Employees.Forty five (45)calendar days prior to the Commencement
Date,Contractor shall offer employment to City employees that filled thirty one (31) City
Commercial solid waste positions allocated to Service Area No.1.Any City employee
offered a position must pass a physical,which physical shall not exceed the standards set
by Contractor for all employees in similar positions.Contractor shall have no obligation
44
to hire a City employee that fails the physical. In the Contractor's written employment
offer,Contractor shall describe the wages and benefits Contractor will provide such City
employees. On or before the Commencement Date,Contractor shall employ the City
employees that accepted the Contractor's employment offer and shall guarantee
employment of such Persons for a period of twelve (12) months, except that Contractor
may terminate any employee for cause. In the event that a City employee fails a
California Department of Motor Vehicles background check or pre-employment drug and
alcohol screening or that any employee is terminated for cause, Contractor shall be
relieved of the obligation to employ that specific City employee. In such a case,
Contractor shall be required to extend an offer of employment to another City employee
within that job classification.
C.Approval of Management.Contractor recognizes the importance of establishing a
successful relationship between its management and City Contract Manager. Therefore,
the Contractor will allow the City Contract Manager the right to approve the selection of
the Contractor's field representative and the Contractor's responsible officer as
designated by the Contractor,provided that the City Contract Manager's approval is not
unreasonably withheld. The City Contract Manager shall have the right to request the
Contractor to replace the Person that serves as the City's main contact with Contractor
(e.g., field representative and the Contractor's responsible officer as designated by the
Contractor pursuant to Section 14.10),if Liquidated Damages levied for events listed in
Exhibit H, with the exception of damages levied for Collection reliability and Collection
quality events items 1, 3, and 8 of Exhibit H, in any three- month period exceed two
thousand dollars ($2,000) or if Liquidated Damages levied for Collection reliability and
Collection quality events items 1, 3, and 8 of Exhibit H in any three-month period exceed
forty-five thousand dollars ($45,000).If replacement of the field representative and the
Contractor's responsible officer as designated by the Contractor pursuant to Section
14.10 is requested by the City Contract Manager, the Contractor shall have ninety (90)
calendar days to replace the field representative or responsible officer and shall seek the
City Contract Manager's approval of the replacement manager prior to hiring such
Person.
D.Provision of Field Supervision.Contractor shall designate at least one (1) qualified full
time equivalent employee as supervisor of field operations and such Person shall devote
at least seventy percent (70%)of his or her time in the field checking on Collection
operations, including responding to Complaints.
E.Driver Qualifications.All drivers shall be trained and qualified in the operation of
Collection vehicles and must have in effect a valid license,of the appropriate class,
issued by the State Department of Motor Vehicles.Contractor shall use the Class B
California Department of Motor Vehicles employer "Pull Notice Program"to monitor its
drivers for safety.
F.Customer Service Representative Training.Customer service representatives shall be
trained on specific City service requirements,a minimum of once per quarter. A City
information sheet shall be provided to each Customer service representative for easy
reference of City requirements and general Customer needs, and specific Service Area
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No. 1 services. The information sheet ,training agenda ,employee sign-in sheet ,and
associated documentation shall be forwarded to the City each quarter after the training.
G.Safety Training.Contractor shall provide suitable operational and safety training for all
of its employees who operate Collection vehicles or equipment or who are otherwise
directly involved in such Collection.Contractor shall train its employees involved in
Collection to identify, and not to collect,Hazardous Waste or Infectious Waste.
H.No Gratuities.Contractor shall not permit its employees to accept ,demand, or solicit,
directly or indirectly, any additional compensation,or gratuity from Customers or
members of the public for Collection.If any Contractor employee is found to have
accepted compensation in exchange for providing services at no charge or for a reduced
charge, such employee shall, at a minimum, be reassigned to a position which prevents
them from providing service directly to Customers.
I.Employee Conduct and Courtesy.Contractor shall use its best efforts to assure that all
employees present a neat appearance and conduct themselves in a courteous manner.
Contractor shall regularly train its employees in Customer courtesy ,shall prohibit the use
of loud or profane language, and shall instruct Collection employees to perform the work
as quietly as possible.If any employee is found not to be courteous or not to be
performing services in the manner required by this Agreement ,Contractor shall take all
appropriate corrective measures. The City Contract Manager may require Contractor to
reassign an employee,if the employee has conducted himself or herself inconsistently
with the terms of this Agreement.
J.Uniforms.While performing services under this Agreement ,all of the Contractor's
employees performing field service shall be dressed in clean uniforms that include the
employee's name and/or employee number, and Contractor's name, as approved by the
City Contract Manager. No portion of this uniform may be removed while working. No
portion of the uniform shall contain advertising from the public sector.
8.6 HAZARDOUS WASTE INSPECTION AND HANDLING
A.Inspection Program and Training.Contractor shall develop a load inspection program
that includes the following components: (i) Personnel and training ;(ii) Load checking
activities ;(iii) Management of wastes ;and (iv) Record keeping and emergency
procedures.
Contractor 's load checking personnel ,including its Collection vehicle drivers, shall be
trained in (i) the effects of Hazardous Substances on human health and the environment;
(ii) identification of prohibited materials ;and (iii) emergency notification and response
procedures .Collection vehicle drivers shall inspect Containers before Collection.
B.Response to Hazardous Waste Identified During Collection.If Contractor determines
that material placed in any Container for Collection is Hazardous Waste,Designated
Waste, or other material that may not legally be Disposed of at the Designated Disposal
Location or handled at the Designated Recyclable Materials Processing Site,Approved
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Transfer Station,or Approved Processing Sites, or presents a hazard to Contractor's
employees,the Contractor shall have the right to refuse to accept such material.The
Contractor shall contact the Generator and request Generator to arrange proper Disposal.
If the Generator cannot be reached immediately,the Contractor shall, before leaving the
Premises,leave a tag at least two inches by six inches (2" x 6") in size,which indicates
the reason for refusing to Collect the material and lists the phone number for the Fresno
County Environmental Health Department.
Contractor's environmental technician shall be notified to handle the issue with the
Generator.The Contractor's environmental technician shall be notified by the Contractor
and shall guide the Generator to safely containerizing the Hazardous Waste and shall
explain the Generator's options for proper disposition of such material.Under no
circumstances shall Contractor's employees knowingly Collect Hazardous Waste or
remove unsafe or poorly containerized Hazardous Waste from a Collection Container.
If Hazardous Waste is found in a Collection Container or Collection area that could
possibly result in imminent danger to people or property,the Contractor shall
immediately notify the City's Fire Department using the 911 emergency number.The
Contractor shall notify the City of any Hazardous Waste identified in Containers or left at
any Premises within 24 hours of identification of such material.
c.Response to Hazardous Waste Identified at Disposal Site or Processing Site.If
materials Collected by Contractor are delivered to a facility owned by Contractor for
purposes of transfer,Processing,or Disposal,load checkers and equipment operators at
such facility shall conduct inspections in areas where Collection vehicles unload Solid
Waste,Recyclable Materials,or Organic Materials to identify Hazardous Wastes.
Facility personnel shall remove these materials for storage in approved on-site hazardous
materials storage container(s).Contractor shall make reasonable efforts to identify and
notify the Generator.Contractor shall arrange for removal of the Hazardous Wastes by
permitted haulers in accordance with Applicable Laws and regulatory requirements.
If the unacceptable material is delivered to the Designated Disposal Location,Designated
Recyclable Materials Processing Site,Approved Transfer Station,or Approved
Processing Sites by Contractor before its presence is detected,and the Generator cannot
be identified or fails to remove the material after being requested to do so, the Contractor
shall arrange for its proper Disposal and pay for costs of such Disposal.The Contractor
shall make a good faith effort to recover the cost of Disposal from the Generator,and the
cost ofthis effort, as well as the cost of Disposal shall be chargeable to the Generator.
D.Regulations and Record Keeping.Contractor shall comply with emergency
notification procedures required by Applicable Laws and regulatory requirements.All
records required by regulations shall be maintained at the Contractor's facility. These
records shall include: waste manifests,waste inventories,waste characterization records,
inspection records,incident reports,and training records.
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8.7 NON-DISCRIMINATION
Contractor shall not discriminate in the provision of service or the employment of Persons
engaged in performance of this Agreement because of race, color, religion, sex, age,physical
handicap,or medical condition in violation of any Applicable Law.
8.8 COMMUNICATION AND COOPERATION WITH CITY
A.Communications.If requested,the Contractor shall meet with the City Contract
Manager at least once each month to discuss service issues. The Contractor's field
representative and the Contractor's responsible officer as designated by the Contractor
shall have e-mail and cellular telephone capabilities to enable the City Contract Manager
and the Contractor's field representative and the Contractor's responsible officer to
communicate via e-mail and/or cellular telephone.
B.Inspection by City.The City or their designated representatives shall have the right to
observe and review Contractor operations and enter Premises for the purposes of such
observation and review during business hours upon twenty-four (24) hours notice.
C.Cooperate with City-Initiated Studies.Contractor shall cooperate with and assist the
City or its agent with performance of City-initiated studies of Solid Waste,Recyclable
Materials,and Organic Materials such as, but not limited to, waste generation,
characterization,and composition studies.
8.9 YEAR 5 CONTRACTOR PERFORMANCE REVIEW
Within one hundred eighty (180) days following the end of Rate Period 4, the City shall
undertake a review of the Contractor's performance under this Agreement.Contractor shall
cooperate fully with the performance review and provide,within thirty (30) days of request, all
operational,financial and other information deemed reasonably necessary or convenient by the
City Contract Manager for purposes of conducting the performance review. The Contractor's
failure to cooperate or provide all requested information shall be considered an event of default
as provided in Section 13.1.A. The performance review shall be performed by a qualified
independent third party consultant with expertise in the solid waste and recycling industry in
California. Such consultant shall be selected by the City in its sole discretion.Contractor shall
reimburse City up to fifty thousand dollars ($50,000)for the actual and reasonable costs incurred
in conducting the review.
A.Scope of Performance Review.The performance review shall evaluate Contractor's
performance under this Agreement within six major areas, each of which formed a basis
for the City's selection of Contractor for the award of this Agreement.The scope of the
performance review shall include all or any portion of the following:
1)Fee Audit.City's consultant shall audit the fees paid by Contractor to City, as
required under Article 10 for, at least, the most recently concluded Rate Period to
determine the accuracy and completeness of Contractor's payments to the City. This
audit will review Contractors Billings to and receipts from Customers to determine:
(i)if the amount the Contractor is Billing each Customer is correct in terms of the
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level of service (i.e., frequency of Collection, size of Container, location of
Container) Contractor is providing such Customer; (ii) that the Customers receiving
service are invoiced for the level of service they receive; and (iii) that the Contractor
has accurately calculated the amount of the fees paid to the City including all
Customers served and receipts under this Agreement.
2) Rate Increase Review.For each Rate category, City'S consultant shall compare the
Rate charged by Contractor during Rate Period 5 with the Rate charged by
Contractor during Rate Period 1 of this Agreement to determine the percentage
increase in each Rate during the first five Rate Periods of the Agreement.
3)Customer Satisfaction Survey.City's consultant shall mail, with return postage
pre-paid, a customer satisfaction survey to all of Contractor's Customers served
under this Agreement. At a minimum, the survey shall include the question,
"Considering your experience with Contractor over the past four years, are you
generally satisfied with the services provided by Contractor?"and respondents shall
only be allowed to answer "yes"or "no". At the request of the City Contract
Manager or the Contractor, the customer satisfaction survey may also include
questions which request feedback regarding various services provided by contractor
and the Customers'level of satisfaction with those.
4)Complaint Review.City'S consultant shall review Contractor's customer service
systems, reports, and Complaint logs maintained by Contractor as required under
Section 7.3.2 of this Agreement for, at least, the Rate Period immediately preceding
the performance review. Additionally,City's consultant shall determine the total
number of service opportunities requested by Customers under this Agreement for
the same time period. A service opportunity includes: 1) any time that a Customer
has a regularly scheduled Collection of any individual container on a given day; and,
2) when Customers receive service of multiple Containers or Service Types, each
Container shall also be counted as a separate service opportunity. For example, a
Customer subscribing to three times per week Collection of Solid Waste and three
times per week Collection of Recyclable Materials shall be determined to have six
service opportunities per week. The purpose of this review is to determine the level
of total complaints relative to the number of total service opportunities during the
review period.
5)Employee Review.City'S consultant shall review Contractor's employment
litigation history,California Department of Industrial Relations complaint history,
Occupational Safety and Health Administration complaint history, and/or the records
of any other applicable employee-related regulatory agency to establish Contractor's
record of handling employee grievances, claims, or other formal complaints.City's
consultant shall review Contractor's personnel records to determine compliance with
the requirements of Section 8.5.B (Hiring of City Employees).
6)Diversion Program Review.City's consultant shall review Contractor's
implementation, promotion, and operation of programs required by Article 5 of this
Agreement as well as the public education and outreach requirements of Section 7.1
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and Exhibit G. The City's consultant shall also solicit input from Department of
Resources, Recycling, and Recovery (Calkecycle)staff responsible for overseeing
the City's implementation of programs under AB 939 and AB 32 to determine their
level of satisfaction with Contractor's implementation of diversion and education
programs.
7)Default and Liquidated Damages Review.City's consultant shall review any and
all notices of breach or default resulting from this Agreement as well as any and all
liquidated damages assessed upon Contractor since the Commencement Date.
B.Minimum Standards of Performance.The minimum standards of performance, for the
purposes of this performance review, are as follows for each area under review:
1) Fee Audit.Contractor's payments to the City shall not be more than five percent
(5%) less than the fees due to City as calculated during the fee audit.
2) Rate Increase Review.No Rate charged by Contractor shall have increased by
more than fifteen percent (15%) from Rate Period 1to Rate Period 5.
3)Customer Satisfaction Survey.At least seventy five percent (75%)of responding
Customers shall have responded "yes"to the question,"Considering your experience
with Contractor over the past four years, are you generally satisfied with the services
provided by Contractor?"
4)Complaint Review.The total number of Complaints received by Contractor shall
not exceed one percent (1%)of the total service opportunities during the review
period.
5)Employee Review.The Contractor shall have maintained full compliance with the
requirements of Section 8.5.B of this Agreement and shall have no adverse
judgment,settlement, determination, or ruling in any employee law suit, grievance,
complaint, or claim related to operations under this Agreement.
6)Diversion Program Review.The Contractor shall have:1)fully implemented all
Collection, public education, and outreach programs within six (6) months of the
Commencement Date; 2) continued to consistently perform such services as required
by this Agreement; and, 3) there shall be no fine(s), compliance order, or local
assistance plan issued or pending from any State agency regulating AB 939 or AB 32
compliance.Contractor shall not be held responsible for any such fine, order, or plan
that was the result of a program or programs which are not the responsibility of
Contractor as described in this Agreement.
7)Default and Liquidated Damages Review.The Contractor shall have no more than
one notice of default and/or no more than twenty thousand dollars ($20,000)of
liquidated damages assessed during the period between the Effective Date and the
commencement of the performance review.
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C.Remedies.In the event that Contractor fails to meet any of the minimum performance
standards established in Section 8.9.B above,Contractor shall be determined to be in
breach of this Agreement as defined in Section 13.1.A. The City Contract Manager shall
notify the Contractor in writing of the City's determination that the Contractor has failed
to meet the minimum performance standards established including each of the specific
contractual requirements for which the City finds the Contractor in breach.
Contractor shall be entitled to the opportunity to cure a breach resulting from Section
8.9.B.1 by remitting payment in full to the City within thirty (30) days of receipt of a
notice of breach. The payment shall include the amount determined to be underpaid plus
any late fees as described in Section 10.4. In addition,Contractor shall,within (30) days
of receipt of a notice of breach demonstrate,to the satisfaction of the City Contract
Manager,that any systematic issues in Contractor's operations or information systems
which caused the underpayment have been resolved.
Contractor shall be entitled to the opportunity to cure a breach resulting from Section
8.9.B.2 by:1)reducing its Rates for Rate Period 5 such that no Rate is more than fifteen
percent (15%)higher than that same Rate in Rate Period 1, and 2)waiving Contractor's
right to rate increases as allowed under Section 11.2 for Rate Periods 6 and 7.
Contractor shall not be entitled to the opportunity to cure a breach resulting from Sections
8.9.B.3 through 8.9.B.7 as no remedy can be reasonably made on a retroactive basis for
failures to perform under those requirements.
D.Determination of Default.The City Council shall review the results of the performance
review and consider any evidence presented by the Contractor in connection therewith.
In the event that a breach of contract has been identified in two (2) or more of the seven
(7) areas of the review defined in Section 8.9.A, and such breach has not been remedied
as described in Section 8.9.C, the City Council may determine that a significant event of
default has occurred and may, in their sole discretion,terminate this Agreement by giving
written notice of termination to the Contractor,either by mail or personal service. Any
termination of this Agreement by the City,resulting solely from the performance review
contemplated by this Section 8.9, shall be effective as of a date set by the City but may
not become effective less than seven hundred thirty (730) days from Contractor's receipt
of such notice of termination.
8.10 YEAR 8 FRANCHISE SYSTEM REVIEW
Within one hundred eighty (180) days following the end of Rate Period 7, the City may
undertake a review of the efficacy of the exclusive franchise system for providing service to
Commercial and Multi-Family Customers within the City.Contractor shall cooperate fully with
the review and provide,within thirty (30) days of request, all operational,financial and other
information deemed reasonably necessary or convenient by the City Contract Manager for
purposes of conducting the review of the franchise system. The City Council shall have the sole
discretion in determining if such a review is warranted and in determining the scope of such a
review.
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ARTICLE 9.
RECORD KEEPING AND REPORTING
9.1 GENERAL
9.1.1 Maintenance of Records
Contractor shall maintain accounting, operational, statistical, and other records related to its
performance as shall be necessary to develop reports required by this Agreement, to support any
claim by Contractor under Section 11.5, and to respond to any reasonable request of the City
under Sections 4.5 or 11.5. Also, Contractor agrees to conduct data collection,information and
record keeping, and reporting activities needed to comply with and to meet the reporting and
Solid Waste program management needs of City, the Act, and other Applicable Laws, and the
requirements of this Agreement.
Because it is not possible to accurately anticipate all of the conditions giving rise to the need for
information, to the extent, such requirements are set out in this and other Articles of this
Agreement, they shall not be considered limiting or necessarily complete. In particular, this
Article is intended to only highlight the general nature of records and reports and their minimum
content and is not meant to comprehensively define what the records and reports are to be and
their content. Further, with the written direction by or approval of City Contract Manager, the
records and reports to be maintained and provided by Contractor in accordance with this and
other Articles of the Agreement shall be adjusted in number, format, or frequency, even if such
adjustment results in significant additional costs to the Contractor.
To adjust Contractor's Compensation in the event of City-directed changes (in accordance with
Section 4.5) or in the event of special Rate review (in accordance with Section 11.5) and support
its obligations under Section 11.6,Contractor must maintain accurate, detailed, financial and
operational information in a consistent format, and must make such information available to the
City Contract Manager in a timely fashion.
9.1.2 Retention of Records
Unless otherwise required in this Article,Contractor shall retain all records and data required to
be maintained by this Agreement for the Term of this Agreement plus five (5) years after its
expiration or earlier termination. Records and data shall be in chronological and organized form
and readily and easily accessible. At the City Contract Manager's request, records and data
required to be maintained that are specifically directed to be retained shall be retrieved in a
timely manner by Contractor and made available to the City Contract Manager.
Records and data required to be maintained that are not specifically directed to be retained and
that are not material to a special Rate review or required for the determination of the Contractor's
performance, need not be retrieved by Contractor. In such a case and when such records and
data are required to but are not retained by the Contractor, the City may make reasonable
assumptions regarding what information is contained in such records and data, and such
assumption(s) shall be conclusive in whatever action the City takes.
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9.1.3 Inspection of Records
The City, its auditors and other agents, shall have the right, during regular business hours, and
with twenty-four (24) hours written notice identifying the information desired and the types of
records that may contain that information, to conduct on-site inspections of accounting systems,
payroll tax reports, specific documents or records required by this Agreement, or any other
similar records or reports of the Contractor and all companies conducting operations addressed in
this Agreement, that the City shall deem, at its sole discretion, necessary to evaluate annual
reports, Rate review applications, and the Contractor's performance provided for in this
Agreement. The City may make copies of any documents it deems relevant to this Agreement.
9.1.4 Record Security
Contractor shall maintain adequate record security to preserve records from events that can be
reasonably anticipated such as a fire, theft,water-intrusion,or an earthquake. Electronically-
maintained data and records shall be protected, backed-up (i.e., tape or other digital media copies
of the electronic records), and stored in an off-site location. In no case should less than two
copies of digital records be maintained and each copy must be maintained in separate locations.
9.2 RECORDS
9.2.1 Financial and Operational Records
Contractor shall maintain accurate and complete accounting records containing the underlying
financial and operating data relating to and showing the basis for computation of all costs
associated with providing services. The accounting records shall be prepared in accordance with
Generally Accepted Accounting Principles (GAAP) consistently applied. Financial and
operational records shall be maintained in sufficient detail to support the review of Contractor's
Rate application requests under Section 11.3 and Exhibit P. Should City Contract Manager
determine that records were not maintained in sufficient detail to clearly support Contractor's
request, City shall have no obligation to approve an adjustment to Rates.
9.2.2 Collection Service Records
Records shall be maintained by Contractor for City relating to:
A. Customer services and Billing;
B.Weight and volume of material Collected by type (e.g., Solid Waste, Recyclable
Materials, and Organic Material). Where possible, information is to be separated by
Service Type;
C.Routes;
D. Facilities,equipment and personnel used;
E.Facilities and equipment operations,maintenance and repair;
F. Tonnage of Solid Waste, Recyclable Materials, and Organic Materials listed by
Processing Site or Disposal Site where such materials were delivered; and
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G.Recyclable Materials and Organic Materials Collection participation.
H.End use and markets for processed Organic Materials.
9.2.3 Transfer,Processing,and Disposal Records
Contractor shall maintain records of transfer,Disposal,and Processing of all Solid Waste,
Recyclable Materials,and Organic Materials Collected by Contractor.
9.2.4 Other Programs Records.
Records for other programs including,but not limited to,public education and outreach
activities,event and venue Recycling programs,and abandoned waste collection shall be tailored
to specific needs. In general,the records shall include:
A.Plans, tasks, and milestones;and
B.Accomplishments in terms such as dates,activities conducted,quantities of products
used,produced or distributed,and numbers of participants and responses.
9.2.5 Customer Service Records
In order to facilitate the City's determination of Contractor's performance,records shall be
maintained by Contractor for City detailing,at a minimum:
A.Number of calls,e-mails,web site originated contacts,faxes, and letters received;
B.Average hold time for calls;percentage of calls answered in 30 seconds;percentage of
calls answered in 3 minutes;
C.Categories of calls,e-mails,web site originated contacts,faxes, and letters (i.e.,
compliments,Complaints,missed pickups,damage,etc.);
D.Customer service representative training materials and record of training;
E.Complaint log noting the name and address of complainant,date and time of Complaint,
nature of Complaint,and nature and date of resolution;
F.Log of new Customers.
9.2.6 CERCLA Defense Records
City views its ability to defend itself against CERCLA and related litigation as a matter of great
importance.For this reason,the City regards its ability to prove where Solid Waste Collected in
the City was taken for transfer or Disposal,as well as where it was not taken, to be matters of
concern.Contractor shall maintain,retain and preserve records which can establish where Solid
Waste Collected in the City was Transferred and/or Disposed (and therefore establish where it
was not).Contractor shall provide these records to the City Contract Manager at the expiration
or early termination of this Agreement,in an organized and indexed manner rather than
destroying or disposing of them.
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9.3 GENERAL REPORTING REQUIREMENTS
Records shall be maintained in forms and by methods that facilitate flexible use of data
contained in them to structure reports, as needed. Reports are intended to compile recorded data
into useful forms of information that can be used to, among other things:
A. Approve Rates;
B. Evaluate the financial efficacy of operations;
C.Evaluate past and expected progress towards achieving the Contractor's diversion goals
and objectives;
D. Determine needs for adjustment to programs; and,
E. Evaluate Customer service and Complaints.
Contractor may propose report formats that are responsive to the objectives and audiences for
each report. The format of each report shall be approved by City Contract Manager.Contractor
agrees to mail a copy of all reports and submit all reports on computer discs or bye-mail in a
format compatible with City's software and computers, in the event it may do so at no significant
additional cost.Contractor will provide a certification statement, under penalty of perjury, by
the responsible Contractor official, that the report being submitted is true and correct to the best
knowledge of such official after their reasonable inquiry.
Monthly reports shall be submitted within thirty (30) calendar days after the end of the reporting
month. Quarterly reports shall be submitted within forty-five (45) calendar days after the end of
the report quarter. Annual reports shall be submitted no later than forty-five (45) calendar days
after the end of the each Rate Period.
All reports shall be submitted to:
Solid Waste Manager
City of Fresno
1325 E. EI Dorado
Fresno, CA 93706
9.4 MONTHLY REPORTS
Reports shall present the following information electronically in a Microsoft Excel-compatible
format. Exhibit K includes sample data reporting forms. The City Contract Manager may
review and approve Contractor's report formats and content and may change the frequency of
reporting (e.g. from monthly to quarterly, quarterly to monthly, etc.) for items listed in this
Section 9.4.
A.Solid Waste Services.Total Tonnage Collected and Disposed by Service Type.
B.Recyclable Materials Services.Tonnage Collected and Delivered to Designated
Recyclable Materials Processing Site by Service Type.
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C.Organic Materials Services.Tonnage Collected,Delivered to Approved Processing
Site, and Processed by Service Type.If the Processing Site handles Organic Materials
Collected in Service Area No.1 and from other parties,provide a description of how the
quantities of Organic Materials are tracked and allocated to Service Area No. 1.
D. Customer Service
1.Number of Customer,Generator,or other Person calls,emails,faxes, web site
originated contacts,and letters by category (e.g.,missed pickups,scheduled clean-
ups,Billing concerns,damage claims,etc.)
2.Number of Complaints and number of Complaints for which problem was not
corrected or Customer was not satisfied within five (5)Business Days of receiving
the Complaint.Provide explanations on Complaints for which corrective action did
not occur within five (5)Business Days.
3.Number of new Commercial and Multi-Family Recyclable Materials and Organic
Materials Customers listed by Cart, Bin, and Roll-Off Box services.
4.Customer service summary that provides monthly and year-to-date Customer service
performance statistics corresponding to the performance standards set for Liquidated
Damages items 1 through 22 in Exhibit H.Significant trends and variances from the
standards should be noted and explained.
E Account Information.In table format,the number of Customers and service levels for
all Service Types (including billing codes for each service level).
F. AB 939 County Surcharge - Collection And Reporting.Contractor acknowledges that
City is a party to that certain AB 939 Memorandum of Understanding with the County of
Fresno and various other jurisdictions dated January 6, 2008 (the "AB 939 MOU"),and
further acknowledges having received and reviewed a copy of the AB 939 MOU. The
Parties agree that Contractor is a "Jurisdiction's Hauler",as that term is used in Part IV,
Section H of the AB 939 MOU.Contractor shall comply with all requirements of Part
IV,Section H of the AB 939 MOU that are applicable to a Jurisdiction's Hauler,
including but not limited to submittal of specified reports and, to the extent applicable,
payment of the AB 939 Surcharge (as that term is defined in the AB 939 MOU).
9.5 QUARTERLY REPORTS
Reports shall present the following information by each month's data in the reported quarter and
include a quarterly average.In addition,each quarterly report shall show the past four (4)
quarters average for data comparison (the first three (3)quarters of the Agreement shall only
include the available quarterly information.)Refer to Exhibit K for sample reporting forms.
A. Solid Waste Services
1.Quarterly summary of monthly report required in Section 9.4.A.
2.Accounts collected by Service Type.Include number of accounts,as well as number
of total yards for Bin service;and number of pulls,deliveries,and pickups for Roll-
Off Box and Compactor Service.
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B.Recyclable Materials Services
1.Quarterly summary of monthly report required in Section 9.4.B.
2.Accounts collected by Service Type. Include number of accounts,number of total
yards for Bin service; and number of pulls,deliveries,and pickups for Roll-Off Box
and Compactor Service.
C.Organic Materials Service
1.Quarterly summary of monthly report required in Section 9.4.C.
2.Accounts collected by Service Type. Include number of accounts,number of total
yards for Bin service; and number of pulls,deliveries,and pickups for Roll-Off Box
and Compactor Service.
D.Customer Service
1.Quarterly summary of monthly report required in Section 9.4.D.
2.Customer Service overview sheet,training agenda, and other training supplements
provided at the quarterly Customer service meeting.
3. Call center reports documenting the number of calls received per month (or quarter),
the percentage of calls answered within thirty (30) seconds, and the percentage of
calls answered within three (3) minutes.
E.Abandoned Waste Collection.Quarterly report in accordance with Section 5.6.
F.Education Activities
1. Public education materials produced and total number of each distributed.
2. Dates, times, and group names of meetings attended to educate Customers on the
Recyclable Materials and Organic Materials Collection programs,in accordance with
Exhibit G.
3.Account address,Customer name, service levels, and service changes (if any) for
each waste audit performed as a requirement of Section 7.1.
G.Pilot and New Programs.For each pilot and/or new program,activity-related and
narrative reports on goals and milestones and accomplishments;description of problems
encountered,actions taken, and any recommendations to facilitate progress;and
description of vehicles,personnel,and equipment utilized for each program.
H.Summary Assessment
1.Summary assessment of the overall Solid Waste,Recyclable Materials,and Organic
Materials program from Contractor's perspective relative to financial and physical
status of program.Description of the status is to relate to how well the program is
operating for efficiency,economy,and effectiveness relative to meeting all the goals
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and objectives of this Agreement including particularly the Contractor's diversion
goals.
2.Recommendations and plans to improve.
3.Highlights of significant accomplishments and problems.
I.Other Reports.Provide a summary,including number of events or incidents and
Tonnage Collected (if applicable)for the following:
1. Special events (Section 5.5)
2.Instructions to Customers (Section 8.2.4)
3.Hazardous Waste incidents (Section 8.6.B)
9.6 ANNUAL REPORTS
9.6.1 Annual Report Requirements
The annual report shall be in the form of the quarterly reports and shall provide the same type of
information as required pursuant to Section 9.5,summarized for the preceding four (4) quarters.
The annual report shall also include a complete inventory of equipment used to provide all
service.
9.6.2 Contractor Officers and Board Members
Provide a list of Contractor 's officers and members of its board of directors with the annual
report.
9.6.3 Related-Party Entities
Contractor agrees that all financial transactions with all Related-Party Entities shall be approved
by the City Contract Manager in advance in writing.Related-Party Entities approved on the
Effective Date of this Agreement are identified in the definition of Related-Party Entities in
Article 1.If the Contractor proposes to amend the list of approved Related-Party Entities,the
Contractor shall submit a letter to the City Contract Manager identifying any additional Related-
Party Entities and the nature of the relationship Contractor intends to have with such party(ies),
and requesting approval of the Related-Party Entity(ies).Annually,the Contractor shall submit a
letter to the City Contract Manager disclosing the Related-Party Entities with which the
Contractor has had financial transactions .
9.6.4 Operational Information
In addition to requirements stated elsewhere in this Agreement,the annual report shall include
the following information:
A.Routes by Service Type
1.Number of routes per each day of the week
2. Type of vehicle used on each route
3. Crew size per route
4.Number of full-time equivalent (FTE) routes
5.Number of accounts per route
6. Total hours per Service Type per day and per year
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B.Personnel
1. Organization chart
2. Job classifications and number of employees (e.g. administrative, Customer service
representatives, drivers, route supervisors, Customer education staff, Recycling
outreach staff)
3. Number of full-time equivalent (FTE) positions for each job classification
4. Number of hours per job classification per day and per year
C.Productivity Statistics
1. Number of accounts per Service Type
2. Tons per route per day
D.Operational Changes (from prior-year report)
1. Number of routes
2. Staffing
3. Supervision
4. Collection services.
E.Billing and Account Information
1. Billing review report in accordance with Section 72.D.
2. Account information listing each Customer, Customer address and contact
information, service level (Container size and Collection frequency), and day(s)of
Collection.
9.6.5 Financial Information
The financial information in this Section 9.6.5 shall be provided by Contractor on July 1 of Rate
Periods 2 and 9, and Rate Periods 14 (if the Term is extended beyond 10 years) and 19 (if the
Term is extended beyond 15 years), with its application for a cost-based Rate adjustment
pursuant to Section 11.4. At such time, Contractor shall deliver to the City Contract Manager
Contractor's financial statements and profit and loss statements for the most-recently completed
Rate Period. If Contractor keeps separate financial statements and profit and loss statements
relating solely to this Agreement, only those statements need be disclosed. Financial statements
shall show Contractor's results of operations, including the specific revenues and expenses in
connection with the operations provided for in this Agreement. The financial statements shall be
prepared in accordance with Generally Accepted Accounting Principles (GAAP) consistently
applied and fairly reflecting the results of operations and Contractor's financial condition. City
shall use its best efforts to maintain the confidentiality of Contractor's financial information.
9.7 EVENT-SPECIFIC REPORTING
A.Special Event Collection.As required by Section 5.5, the Contractor shall submit to the
City Contract Manager a written report identifying the Tonnage of Solid Waste and
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Recyclable Materials Collected and any suggestions Contractor proposes for the next
event. The report shall be submitted no later than ten (l0)Business Days following each
event.
B.Report of Unauthorized Dumping.As required by Section 5.6, Contractor shall report:
(i) the addresses of any Premises at which the driver observes Solid Waste, Recyclable
Materials, and/or Organic Materials accumulating; and (ii) the address, or other location
description, at which Solid Waste, Recyclable Materials, and/or Organic Materials have
been dumped in an apparently unauthorized manner. The report shall be delivered to the
City Contract Manager within five (5) Business Days of such observation.
C.Hazardous Waste.As required by and subject to the limitations of Section 8.6, the
Contractor shall notify the County of Fresno Fire Department Hazardous Materials
response team of any Hazardous Waste identified in Containers or left at any Premises
within twenty-four (24) hours of identification of such material.
D.Warning Notices for High Level of Contaminants.As required by Section 8.2.4,
Contractor shall report to the City Contract Manager any warning notices issued to
Customers for high levels of Contaminants found in the Recyclable Materials or Organic
Materials Containers. The report shall be delivered to the City Contract Manager within
one (l)Business Day of issuance of the warning notice. City shall have no obligation to
respond to such notices, nor shall it be obligated to interact with Customer in any way.
ARTICLE 10.
FRANCHISE FEES AND OTHER FEES
10.1 FRANCHISE FEE
In consideration of the exclusive rights provided Contractor herein, Contractor shall pay
Franchise Fees to the City each month equal to 14.1%of actual gross receipts remitted by
Customers for Collection services provided in Service Area No.1.
10.2 OTHER FEES AND PAYMENTS
A.Contract Management and Enforcement Fee.The Contractor shall pay the City a
Contract Management and Enforcement Fee each month equal to 0.50%of actual gross
receipts remitted by Customers for Collection services provided in Service Area No.1.
The City shall use the fee to offset expenses related to contract management, compliance,
monitoring, and enforcement. The City shall retain the sole right to set priorities for its
contract monitoring and enforcement among City personnel and/or contractors. Unless
otherwise adjusted by City subject to Section 10.3, this fee shall be adjusted annually in
accordance with Section 11.3.E.
B.Recyclable Materials Payment.The Contractor shall pay the City a Recyclable
Materials Payment each quarter equal to twelve dollars ($12) for each ton of Recyclable
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Materials Collected by Contractor in Service Area No.1 and delivered to the Approved
Recyclable Materials Processing Site during the preceding quarter.
C.Signing Fee. The Contractor shall pay the City a signing fee equal to one hundred
thousand dollars ($100,000) within ten (10) Business Days of the City's execution of this
Agreement.
D.Other Fees. The City may set or adjust other fees as it deems necessary. The amount,
time, and method of payment and adjustment process will be set in a manner similar to
that for other fees described in this Article, and Rates shall be adjusted in accordance
with Section 11.5 to reflect new fees.
E.Procurement Reimbursement Payment.The Contractor shall reimburse the City for its
costs related to the procurement and negotiation of this Agreement in the amount of one
hundred fifty thousand dollars ($150,000) within ten (10) Business Days of the City's
execution of this Agreement.
10.3 ADJUSTMENT TO FEES
City reserves the right to unilaterally adjust the fees established in this Article at any time during
the Term of this Agreement, subject to City obligation to adjust Rates in accordance with Section
11.5.
10.4 PAYMENT SCHEDULE AND LATE FEES
On or before the twentieth (20th)day of each month during the Term of this Agreement,
Contractor shall remit to City Franchise Fees and other fees as described in this Article.If such
remittance is not paid to the City on or before the twentieth (20th)day of any month, Contractor
shall pay the fees due plus interest compounded daily, where interest shall be calculated using
the annual yield rate for the California Local Agency Investment Fund (LAIF)most-recently
published by the California State Treasurer's office.
Each monthly remittance to City shall be accompanied by a statement itemizing each fee paid;
detailing calculation of all fees; and stating actual gross revenues, by Service Type, for the
monthly period collected from all operations conducted or permitted by this Agreement. Each
remittance including all supporting documentation shall be provided to:
Attn: City Controller
Finance Department
City of Fresno
2600 Fresno Street
Fresno, CA 93706
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ARTICLE 11.
CONTRACTOR'S COMPENSATION
AND RATES
11.1 CONTRACTOR'S COMPENSATION
The Contractor's Compensation for performance of all its obligations under this Agreement shall
be the actual gross Rate revenues remitted to Contractor by Customers less fees due to the City
in accordance with Article 10.Contractor's Compensation provided for in this Article shall be
the full, entire, and complete compensation due to Contractor pursuant to this Agreement for all
labor,equipment,materials and supplies,Processing and Disposal fees,taxes,insurance,bonds,
overhead,operations,profit and all other things necessary to perform all the services in the
manner required by this Agreement.
If Contractor's costs are more than actual gross Rate revenues retained by Contractor,Contractor
shall not be compensated for the difference in costs and revenues.If Contractor's costs are less
than the actual gross Rate revenues retained by the Contractor,Contractor shall retain the
difference.In addition,calculations of Rates shall not be adjusted for variances of actual costs or
revenues during prior periods of time.
The Rates for Rate Period 1 was set by Contractor.Contractor's proposed costs for Rate Period
1 and operating assumptions are presented in Exhibit C. Rates for subsequent Rate Periods shall
be adjusted in accordance with this Article 11.
Under this Agreement,Contractor shall have the right and obligation to charge and collect from
Customers the Rates set by Contractor,which Rates shall not exceed the City approved
Maximum Permissible Rates,which are contained in Exhibit 1.The Contractor shall bill
Customers and collect payments in accordance with Section 7.2.
11.2 RATE ADJUSTMENT PROCESS
A.General.The City shall be responsible for adjusting the Maximum Permissible Rates as
described in this Article.If at any time during the Term of the Agreement,the Contractor
determines the need for a Rate that does not appear on the City-approved Maximum
Permissible Rate schedule,Contractor shall immediately notify the City Contract
Manager and request establishment of such Rate. For example,if a Customer requires
Collection of a 15-cubic-yard Compactor five (5)times per week and the City-approved
Maximum Permissible Rate schedule does not include this level of service,the
Contractor must request that the City approve a Maximum Permissible Rate for this level
of service.
B.Rates Determined On or Before Execution of the Agreement.Maximum Permissible
Rates for Rate Period 1,which are presented in Exhibit J, were determined by Contractor
and were approved by City Council resolution on or before the execution of the
Agreement.The Rates for Rate Period 1 are effective December 1, 2011 through
December 31, 2012. The Operating Component portion of Rates for Rate Period 1, as per
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Exhibit J, shall be not be adjusted to reflect either increases or decreases in costs from
those anticipated by Contractor.
C.Annual Adjustment Process.The Maximum Permissible Rates shall be adjusted
annually,commencing with Rate Period 2 through the remaining Term of this Agreement
including any extension periods .The adjustments to the Maximum Permissible Rates
shall be determined using one of two methodologies :(l)an index-based adjustment,or
(2)cost-based adjustment. The index-based adjustment ,which is described in Section
11.3, involves use of various cost adjustment factors (such as the percentage change in
the consumer price index and the current Disposal Site tipping fee) to calculate adjusted
Rates. The cost-based adjustment, which is described in Exhibit P,involves a detailed
review of the Contractor's actual costs of service and determination of adjusted Rates to
reflect Contractor's actual costs;provided however, the Operating Component portion of
the Rate adjustment does not exceed three percent (3%) for the Rate Period 3 adjustment
and six percent (6%) for any other Rate Period. Below is a table that specifies when the
two Rate adjustment methods shall be used. In the event that the City elects to extend the
Term of this Agreement for less than five (5) years per extension,City may require a
cost-based review during each extension regardless of the dates described in the table
below.
Rate
Period
Commencement Adjustment Method Used to
Date of Rate Determine Rates for the Rate
Period Period
Rate Adjustment
Application
Submittal Date
1 December 1,2011 Not Applicable
2 January 1,2013 Index-Based
3 January 1,2014 Cost-Based
4 January 1,2015 Index-Based
5 January 1,2016 Index-Based
6 January 1,2017 Index-Based
7 January 1,2018 Index-Based
8 January 1,2019 Cost-Based
9 January 1,2020 Index-Based
10 January 1,2021 Index-Based
11* January 1,2022 Index-Based
12* January 1,2023 Index-Based
13*January 1,2024 Cost-Based
14*January 1,2025 Index-Based
15* January 1, 2026 Index-Based
16* January 1,2027 Index-Based
17* January 1,2028 Index-Based
18*January 1,2029 Cost-Based
19*January 1,2030 Index-Based
*Applicable only if the Term is extended pursuant to Section 3.4.
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Not Applicable
October 1,2012
July 1,2013
October 1,2014
October 1,2015
October 1,2016
October 1,2017
July 1,2018
October 1,2019
October 1,2020
October 1,2021
October 1, 2022
July 1,2023
October 1, 2024
October 1, 2025
October 1,2026
October 1,2027
July 1,2028
October 1,2029
11.3 INDEX-BASED ADJUSTMENT OF RATES
A.Annual Adjustment.Subject to the terms herein, the Contractor shall be entitled to an
annual adjustment of all Rates. Each Rate ,excluding Special Charges, includes an
Operating Component,Disposal Component,Processing Component,and Fee
Component,which are annually adjusted .The City Council shall make a good faith
effort to approve Maximum Permissible Rates by November 1 of each year ,and such
Rates shall be effective on each subsequent January 1.If Rates are not adjusted by
November 1,then prior Rates remain in effect until such adjustment is made.
The first adjustment is scheduled to take effect January 1, 2012 subject to City Council
approval. Each Rate is annually adjusted as specified in Section 11.3.B through 11.3.F,
with the exception of Special Charges adjusted in accordance with Section 11.3.G.
B.Adjustment of the Operating Component.The Operating Component of each Rate
shall be adjusted annually by the Operating Cost Factor (the "OCF")using the following
methodology.The OCF shall not exceed two and one half percent (2.5%)during Rate
Periods 1 through 4 .The OCF shall not exceed five percent (5%) during any Rate Period
after Rate Period 4.
Step 1.Calculate the Labor-Related Factor of the OCF by calculating the 12-month
percentage change in the most-recently published Employment Cost Index
("ECI")compiled and published by the U.S.Department of Labor ,Bureau of
Labor Statistics (the "DOL")or its successor agency ,using the following
Bureau of Labor Statistics 'parameters:
•Compensation - Total Compensation
• Ownership -Private Industry
•Periodicity - Index Number
• Group - 210 -Service-Producing Industries
• Seasonally Adjusted
For example, assuming:
1.Most-recently published ECI (third quarter 2011)=163.5
2. ECI published 12months prior (third quarter 2010)=158.6
Labor-Related Factor =((163.5-158.6)/158.6)=0.0309 =3.1%
The factor shall be rounded to the nearest tenth (10th) percent.
Step 2.Calculate the Fuel Factor of the OCF by calculating the percentage change in
the average annual per gallon fuel cost. The average annual per gallon fuel cost
shall be calculated by dividing the total fuel cost for the preceding twelve
months by the number of gallons purchased during the preceding twelve
months. The most recent average annual per gallon fuel cost shall be compared
to the prior twelve month 's average annual per gallon fuel cost to determine the
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percentage change. For the purposes of this calculation,only liquefied natural
gas (LNG)purchased at the City-owned LNG fueling station shall be
considered.For the purposes of the first rate adjustment,the initial per gallon
fuel cost shall be one dollar and fifteen cents ($1.15).Neither the initial per
gallon fuel cost nor the average annual per gallon fuel cost shall include state or
federal fuel sales taxes for the purposes of this calculation.
For example,
I .Most-recent twelve month average annual per gallon fuel cost =
$135,000 (total fuel cost for preceding twelve months)/ 100,000 (total
gallons of fuel purchased during preceding twelve months =$1.35
2. Prior twelve month average annual per gallon fuel cost =$1.15
Fuel Factor =«1.35-1.15)/1.15)=0.1739 =17.4%
The factor shall be rounded to the nearest tenth (1 Oth)percent.
In the event that the average annual per gallon fuel cost increases by more than
twenty cents per gallon in any adjustment calculation,the City shall permit the
adjustment of the Fuel Factor to result in an increase of the OCF to exceed the
2.5% (Rate Periods 1 through 4) and 5.0% (Rate Periods 5 and beyond)limits
described in Section 11.3.B. For the purposes of such an adjustment resulting
from the increase in the Fuel Factor, the actual calculated Fuel Factor shall be
used and the Labor-Related Factor and Other Factor of the OCF shall be set to
the lesser of:1) the 2.5% or 5.0% limit ,as determined by the Rate Period; and,
2) the calculated percentage change.
For example,assuming:
I .Prior Rate Period average annual per gallon fuel cost =$1.15
2.Most-recent twelve month average annual per gallon fuel cost =
$145,000 (total fuel cost for preceding twelve months)/ 100,000 (total
gallons of fuel purchased during preceding twelve months =$1.45
3 .Labor-Related Factor (from Step 1)=3.1% (not to exceed 2.5% as
described in Section 11.3.B.)
4 .Other Factor (from Step 3)=1.4%
Fuel Factor =«(1.45-1.15)11 .15)=0.2609 =26.1 %
OCF (as calculated in Step 4 below)=(29.7%x 2.5%)+(12.7%x 26.1%)+
(57.6 %x 1.4%)=0.0486 =4 .9%
Step 3.Calculate the Other Factor of the OCF by calculating the 12-month percentage
change in the most-recently published Consumer Price Index - All Urban
65
Consumers (CPI-U)compiled and published by the DOL or its successor
agency, using the following Bureau of Labor Statistics'parameters:
• Not Seasonally Adjusted
• Area - Los Angeles-Riverside-Orange County, CA
• Item - All Items
• Base Period -1982-84=100
For example, assuming:
1.Most-recently published CPI-U (November 2011)=193.2
2. CPI-U published 12 months prior (November 2010) = 190.6
Other Factor =((193.2-190.6)/190.6)= 0.0136 = 1.4%
The factor shall be rounded to the nearest tenth (10th) percent.
Step 4.Calculate the OCF as follows:
OCF (29.7% x Labor-Related Factor calculated in Step 1 above)+
(12.7% x Fuel Factor calculated in Step 2 above)+
(57.6% x Other Factor calculated in Step 3 above)
For example, assuming:
1. Proposed labor-related costs are 29.7%of proposed total annual
operating costs.
2. Proposed fuel costs are 12.7%of proposed total annual operating costs.
3.Proposed other costs are 57.6%of proposed total annual operating costs.
4.Labor-Related Factor = 3.1% (as calculated in the example in Step 1)
5. Fuel Factor = 17.4% (as calculated in the example in Step 2)
6. Other Factor = 1.4% (as calculated in the example in Step 3)
OCF = (29.7% x 3.1%)+(12.7% x 17.4%)+(57.6% x 1.4%) = 0.0394 = 3.9%
The OCF shall be rounded to the nearest tenth (10th) percent.
Step 5.Calculate Adjusted Operating Component for each Rate as follows:
If OCF calculated in Step 5 is less than two and one half percent (2.50%) in
Rate Periods 2 and 4 or five percent (5.00%) in any other Rate Period:
Adjusted
Operating Cost
Component
Then-current Operating Component x (1 +OCF)
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If OCF calculated in Step 5 is greater than two and one half percent (2.50 %)in
Rate Periods 2 and 4 or fi ve percent (5.00 %)in an y other Rate Period :
Rate Periods 2
and 4
Rate Periods 5
a nd Later
Adj usted
Ope rating
Com ponent
Adj usted
O perating
Com ponent
Then-current Operating Component x (l +0.025)
Then-current Operating Component x (1 +0.05)
For example ,assuming:
1.Then-current Operating Component =$50.00
2 .Operating Cost Factor =3.9%(as calculated in Step 5 abo ve)
Adjusted Operating Component =$50 .00 x (l +0.039)=$51 .95
The Adjusted Operating Component shall be rounded to the nearest cent.
C.Adjustment of the Disposal Component.The Disposal Component of each Rate will
be adjusted to reflect any percentage change in the per-Ton tipping fee charge at the
Designated Disposal Location.The adjustment shall equal:
Adjusted Disposal
Component
Then-current Disposal Component x
(Current Designated Disposal Location Disposal Fee /
Prior Designated Disposal Location Disposal Fee)
For example ,assuming:
1.Then-current Disposal Component =$20.00
2 .Current Designated Disposal Location Disposal Fee =$30.00 per Ton
3.Prior Designated Disposal Location Disposal Fee =$28.80 per Ton
Adjusted Disposal Component =$20.00 x ($30.00 /$28.80)=$20 .83
The Adjusted Disposal Component shall be rounded to the nearest cent.
The Prior Designated Disposal Location Disposal Fee is the fee last used to set Rates .
The initial Designated Disposal Location Disposal Fee in this Agreement is $29 .27 per
Ton; this fee shall be used as the prior Designated Disposal Location Disposal Fee for the
first adjustment of the Disposal Component.The Parties acknowledge that the timing of
changes to the Designated Disposal Location Disposal Fee ma y not align with the review
and adjustment of Maximum Permissible Rates under this Agreement.In the event that
the Contractor begins to pay a new Disposal Fee at the Designated Disposal Location
prior to the adjustment of Maximum Permissible Rates under this Agreement,the
adjustment to the Dispo sal Component shall consider that period.Alternati vely,the Cit y
reser ves the right to adjust Maximum Permissible Rates at any time during the year in
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order to address the Disposal Component alone without adjusting any other component of
rates.
D.Adjustment of the Processing Component.The Processing Component of each Rate
shall be adjusted as follows:
1. Solid Waste Collection Rates.For Solid Waste Collection Rates ,the Processing
Component shall equal $0.00 ;therefore ,no adjustment to the Processing Component
shall be made.
2.Recyclable Materials Collection Rates.For Recyclable Materials Collection Rates ,
the Processing Component shall equal $0.00;therefore ,no adjustment to the
Processing Component shall be made.
3.Organic Materials Collection Rates.If adjusting Organic Materials Collection
Rates, the Processing Component shall be adjusted by the 12-month percentage
change in the most-recently published Consumer Price Index - All Urban
Consumers (CPI-U)compiled and published by the DOL or its successor agency ,
using the following Bureau of Labor Statistics 'parameters:
• Not Seasonally Adjusted
• Area - Los Angeles-Riverside-Orange County ,CA
• Item - All Items
•Base Period - 1982-84=100
The adjustment shall be as follows:
Adjusted
Processing
Component
Current Processing Component x (1 +percent change in CPI-U)
For example ,assuming:
1. Current Processing Component = $2.00
2 .Most -recently published CPI-U (November 2011) = 193.2
3. CPI-U published 12 months prior to most-recently published CPI index
(November 2010)=190.6
Adjusted Processing Component = $2.00 x [1+((193.2-190.6)/190.6)]= $2.03
The Adjusted Processing Component shall be rounded to the nearest cent.
E.Adjustment of the Fee Component.The adjusted Fee Component of each Rate shall be
calculated as follows:
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Adjusted
Fee
Component
=((Adjusted Operating Component +Adjusted Disposal
Component +Adjusted Processing Component)/(1 -14.6%)-
(Adjusted Operating Component +Adjusted Disposal
Component +Adjusted Processing Component)
For example,assuming:
1. The Rate being adjusted is a Solid Waste Collection Rate
2.Adjusted Operating Component =$52.15 (as calculated in Step 5 of Section
I1.3.B)
3.Adjusted Disposal Component =$20.83 (as calculated in Section I1.3.C)
4 .Adjusted Processing Component =$0.00 (as calculated in Section I1.3.D.1)
Adjusted Fee Component =(($51.95 +$20.83 +$0.00) /(1-0.146))-
($51.95 +$20.83 +$0.00)=$12.44
The Adjusted Fee Component shall be rounded to the nearest cent.
F.Calculation of Adjusted Rate.Adjusted Rates shall be calculated as follows:
Adjusted
Rate
=Adjusted Operating Component +Adjusted Disposal
Component +Adjusted Processing Component +Adjusted Fee
Component
For example,assuming:
1. The Rate being adjusted is a Solid Waste Collection Rate
2.Adjusted Operating Component =$51.95 (as calculated in Step 5 of Section
Il.3.B)
3.Adjusted Disposal Component =$20.83 (as calculated in Section l1.3.C)
4 .Adjusted Processing Component =$0.00 (as calculated in Section I1.3.D.1)
5.Adjusted Fee Component =$12.44 (as calculated in Section 11.3.E)
Adjusted Collection Rate =$51.95 +$20 .83 +$0.00 +$12.44 =$85.22
G.Adjustment of Special Charges.Special Charges shall be adjusted annually on the first
day of the Rate Period by the same amount as calculated in accordance with Step 5 of
Section II .3.B.
For example:
1.Then-Current Special Charge Amount =$50.00
2.Operating Cost Factor =3.9%(as calculated in Step 5 of Section 11.3.B)
Adjusted Special Charge Amount =$50 .00 x (1 +0.039)=$51.95
The adjustment shall be rounded to the nearest cent.
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H.Change in the ECI,PPI,or CPI-V.If the ECI ,PPI, or CPI-U is discontinued or revised
during the Term by the DOL ,such other government index or computation with which it
is replaced shall be used in order to obtain substantially the same result as would be
obtained if the ECI, PPI, or CPI-U had not been discontinued or revised.
11.4 ANNUAL RATE APPLICATION PROCESS
A.Application Date and Content
1.Index-Based Rate Adjustment Methodology.On October 1,prior to the
commencement of the Rate Period for which Rates are to be determined using the
index-based Rate adjustment method,Contractor shall submit at least three (3)
copies of its application requesting the Rate adjustment for the coming Rate Period
along with all supporting documentation used to justify Contractor's request.For
example,on October 1, 2012 ,the Contractor shall submit three (3)copies of its
application for the Rate Adjustment to be effective for Rate Period 2 .The
application shall present the calculations,as described in Section 11.3, and all
supporting documentation for the calculations and adjusted Rates. The application
shall also present the Rates for the then-current Rate Period (e.g., Rate Period 1)and
the proposed Rates for the coming Rate Period (e.g., Rate Period 2).The City
Contract Manager shall review all calculations provided by Contractor to verify their
accuracy and conformance to this Agreement.
2.Cost-Based Adjustment Methodology.On July 1,prior to the commencement of
the Rate Period for which Rates are to be determined using the cost-based Rate
adjustment method ,Contractor shall submit three (3)copies of its application
requesting the Rate adjustment for the coming Rate Period.For example,on July 1,
2012 ,the Contractor shall submit its application for the Rate Adjustment to be
effective for Rate Period 3.
The application shall present the Contractor's actual total annual cost of operations,
profit,pass-through costs, City fees, the total Contractor's Compensation for the
most-recently completed Rate Period and forecast of the same cost items for the
coming Rate Period in accordance with the procedures described in Exhibit P .
Contractor shall assemble ,provide,and submit such information that is necessary to
support the actual costs presented and the calculation of the assumptions made by
Contractor with regard to forecasting the total annual cost of operations ,profit,pass-
through costs ,City fees ,and the total Contractor's Compensation for the coming
Rate Period.The actual costs shall be based on the financial statements for the most-
recently-completed Rate Period,which shall be submitted in accordance with the
requirements of Section 9.6 .5.In addition,the application shall present the
Contractor's calculation of the Rate adjustment factor,present each Rate for the
then-current Rate Period ,and each proposed Rate for the coming Rate Period.
Lastly ,the application shall include operational data listed in Section 9.6.4
If the City Contract Manager requests additional information beyond that provided
by the Contractor in its application,the Contractor shall provide all information
requested by the City Contract Manager during its review of the application,
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including,but not limited to ,all information from related parties requested by the
Cit y Contract Manager regarding an y transactions between Contractor and any
Related-Party Entity pertaining to Contractor's performance under this Agreement.
B.City Review of Application.The Contractor 's Rate application shall be reviewed by the
City Contract Manager.The City Council shall approve Maximum Permissible Rates to
reflect the adjustments made in accordance with Exhibit P, for the Rate Periods during
which that process is used. The City Council shall act in good faith to approve such
Maximum Permissible Rates by the commencement date of the Rate Period. The
adjusted Rates shall not take effect until the City Council has approved such Rates.
C.Failure to Adjust Rates by January 1.If the Contractor submits its Rate application on
or before the Rate application date identified in Section 11.2, and the City does not adjust
Rates to be effective on or before January 1 of a Rate Period, the City shall include a
surcharge on the Rates that shall be effective for the remainder of the Rate Period to
recover revenues lost by the Contractor,if any. To determine the amount of lost
revenues ,if any ,the City and Contractor shall meet and confer to determine the effect the
delay in adjusting Rates has on the Contractor's revenue. The assessment of the revenue
impact shall consider the Contractor's billing cycle (e.g.,impact to Customers billed in
advance and to Customers billed in arrears),the ability of Contractor to delay issuance of
bills, the payment cycle of Customers ,and other variables.
If the Contractor does not submit the application on or before the Rate application date identified
in Section 11.2,Rates may not be adjusted by January 1. In such case, all Rates shall be adjusted
as soon as practical following approval by the City Council.If the Contractor does not submit
the application by the Rate application date identified in Section 11.2,no retroactive adjustment
will be made to allow the Contractor to recover revenues that it would have collected,had the
Rate adjustment been implemented in accordance with the prescribed schedule.
11.5 SPECIAL RATE REVIEW
A.Eligible Items.The Contractor is entitled to apply to the City Contract Manager for
consideration of a special Rate review, or the City Contract Manager may initiate such a
review, should one or more of the following occur and should such occurrence have a
material effect on the Contractor's cost of service:
1.Documented significant changes in the cost to provide services required in this
Agreement as a result of an agreed-upon ,City-directed change in scope, as provided
for under Section 4.5.
2. Flood ,earthquake ,other acts of nature, war, civil insurrection,riots ,or other similar
catastrophic events beyond the control of Contractor.
3.Change in Law that:(1)was not reasonably known to the Contractor before the
Effective Date, (2) the Contractor substantiates,and (3) results in a direct increase or
decrease of more than five (5 %)in Contractor's cost of providing services required
by this Agreement.
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4.City-initiated changes to the amount of Franchise Fees or other fees in accordance
with Article 10.
5. Actual costs directly incurred for the provision of legal defense to the City as
required under Section 12.2 of this Agreement, if not prohibited by law.
B.Ineligible Items.The Contractor will not be compensated over the Term for:
1. Increases in the cost of Solid Waste, Recyclable Materials, or Organic Materials
Collection, Transportation, Processing, or Disposal costs that may be impacted by
change in Approved Transfer Station or Approved Processing Site operating
conditions, unless such change is initiated by or at the direction of the City.
2. Decreases in Revenues from the sale of Organic Materials.
3. Growth or decline in the number of Customers or their subscription levels.
4. Changes in the number of accounts related to Container sizes or frequency of
Collection.
5. Change in the composition of Solid Waste, Recyclable Materials, or Organic
Materials.
C.Review of Costs.If the Contractor or the City requests a special Rate review, the City
shall have the right to review any or all financial and operating records of Contractor and
Related-Party Entities. Contractor shall pay the City for costs associated with the review
incurred by the City and its agents unless the review is initiated by the City. Regardless
of Contractor's payment of costs associated with the review, City shall retain full and
unimpeded discretion in selection of its agents to ensure, at a minimum, that no conflict
of interest arises in the review of Contractor's request. City retains the right to select its
agents on the basis of their qualifications and experience and without regard to cost.
D.Submittal of Request.The Contractor must submit its request for a special review of
Rates, and reasonable cost and operational data, in a form and manner specified by the
City Contract Manager at least six (6) months before the proposed effective date of any
Rate adjustment.
If City is requesting a special Rate review, the City Contract Manager shall notify the
Contractor at least seven (7) months before the proposed effective date of any Rate
adjustment. Upon such notification, Contractor shall, within thirty (30) calendar days,
submit reasonable cost and operational data as requested by the City Contract Manager,
in a form and manner specified by the City Contract Manager.
E.Burden of Justification.Contractor shall bear the burden of justifying to the City by
substantial evidence any entitlement to current, as well as increased,Maximum
Permissible Rates pursuant to this Section 11.5.If the City Contract Manager determines
that the Contractor has not met its burden, the Contractor may request one hearing with
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the City Manager ,or their designee, to produce additional evidence. Upon such request,
the City Manager ,or their designee ,shall conduct the hearing. The City shall bear the
burden of justifying,by substantial evidence, any entitlement to decreased Maximum
Permissible Rates pursuant to this Section 11.5.
F.Approval of Request.Based on evidence the Contractor and /or the City submit, the City
Council may approve some, all or none of the requested increase or decrease in the
Maximum Permissible Rates. In the event the City denies Contractor's request ,or
grant's the City's request for a decrease in the Maximum Permissible Rates ,and
Contractor disputes that the decision is supported by substantial evidence, Contractor
shall have the right to present its claim in a court of competent jurisdiction.
G.Compensation.Each Party shall bear their own costs for participating in such review
and such costs shall not be reimbursed through Rates charged Customers.
11.6 RATES FOR CHANGES IN SCOPE
In the event either the City or Contractor requests a change in scope in accordance with Section
4.5 ,the Contractor shall furnish the City Contract Manager with projected operational and cost
data for the change in scope to support any adjustment to Rates .For the purposes of analyzing
cost impacts of changes in scope, the Contractor's profit shall be calculated using an operating
ratio of ninety-two percent (92%). The City reserves the right to require that the Contractor
supply any additional cost data or other information it may reasonably need to ascertain the
appropriate Rate adjustment,if any, for the change in scope. The City Contract Manager shall
review this operational and cost data ,and the City Council shall establish Rates for the change in
scope ,if warranted .
The granting of any change in scope shall be contingent upon City approval and establishment of
new Rates. The City shall adjust Rates, in good faith,coincident with any adjustment made
pursuant to this Section so that the change in scope and the corresponding Rates become
effective on the same date.
11.7 NOTICE OF RATE ADJUSTMENTS
The Contractor shall provide all Customers with advance written notice of approved Rate
changes ,in the form of a bill insert at least thirty (30) days before the effective date of such
changes.
ARTICLE 12.
INDEMNITY,INSURANCE,AND
PERFORMANCE BOND
12.1 GENERAL INDEMNIFICATION
Contractor shall indemnify, defend with counsel acceptable to the City, protect and hold
harmless the City and each of its officers ,officials, employees ,volunteers, and agents
(collectively,indemnitees)from and against all claims, damages (including but not limited to
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special, consequential, natural resources and purutrve damages), injuries, costs, (including
without limit any and all response,remediation and removal costs), losses, demands, debts, liens,
liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges,
penalties, and expenses (including without limit attorneys'expert witness fees and costs incurred
in connection with defending against any of the foregoing or in enforcing this indemnity),
(collectively,"Damages")of any kind whatsoever paid, incurred or suffered by, or asserted
against, indemnitees arising from or attributable to the acts or omissions of Contractor whether
or not negligent or otherwise culpable, in connection with or related to the performance of this
Agreement, including without limit damages arising from or attributable to any operations,
repair, clean-up or detoxification,or other plan (regardless of whether undertaken due to
governmental action)concerning any Hazardous Substance or Hazardous Waste Collected in the
City.Notwithstanding the foregoing, however,Contractor shall not be required to indemnify the
City for the costs for any claims arising from the Disposal of Solid Waste at the Designated
Disposal Location, or from Processing of Recyclable Materials at the Designated Recyclable
Materials Processing Site, including, but not limited to, claims arising under CERCLA unless the
claim is a direct result of Contractor's actions or negligence. This indemnity afforded
indemnitees, shall only be limited to exclude coverage for intentional wrongful acts and
negligence of indemnitees, and as provided below. The foregoing indemnity is intended to
operate as an Agreement pursuant to Section 42 USC §9607(e)of CERCLA and California
Health and Safety Code §25364, to defend, protect, hold harmless, and indemnify City from
liability.
If Contractor should subcontract any portion of the work to be performed under this Agreement,
Contractor shall require each subcontractor to indemnify, hold harmless, and defend the
indemnitees in accordance with the terms of the preceding paragraph.
This provision is in addition to all other provisions in this Agreement and is intended to survive
the expiration or earlier termination of this Agreement. Nothing in this paragraph shall prevent
City from seeking indemnification or contribution from Persons or entities other than
indemnitees, for any liabilities incurred by City or the indemnitees.Contractor's Guaranty
Agreement (Exhibit L) shall extend to the indemnification obligation hereunder.
12.2 ARTICLE XIII INDEMNIFICATION
Contractor shall indemnify, defend (with counsel reasonably acceptable to the City) and hold
harmless the City and each of its officers, officials, employees,volunteers,and agents
(collectively,indemnitees)from and against all claims, damages, injuries, costs, including
demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings,
interest fines, charges, penalties and expenses (including reasonable attorneys'and expert
witness fees,expenditures for investigation and administration)and costs of any kind whatsoever
paid, imposed upon, endured or suffered by or assessed against any of the indemnitees resulting
in any form from the City's setting or approval of Maximum Permissible Rates for service under
this Agreement or in connection with the application of Article XIIIC and/or Article XIIID ofthe
California Constitution to the imposition, approval of,payment or collection of Rates and fees
for services provided by Contractor under this Agreement, or to the agreement upon, payment or
collection of the fees agreed upon in Article 10 of this Agreement. This Section 12.2 shall
survive the termination or expiration of this Agreement.
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In the event of a claim ,law suit, or other action requiring Contractor to indemnify the City under
this Section 12.2,the Parties shall meet and confer regarding the most appropriate response ,
however ,nothing in this Agreement shall modify the rights of either Party otherwise provided in
this Agreement.
In the event: 1)that the City chooses not to tender a defense;or, 2)of a decision of the California
Supreme Court issued after the Effective Date ,or of a decision of the Fifth District Court of
Appeal issued after the Effective Date that is final (all appeal periods having expired with no
appeal being filed ,or if an appeal is filed, the California Supreme Court has rejected review),
which decision can reasonably be interpreted to apply to and invalidate the franchise fee
established in Section 10.1 of this Agreement ,the Contractor may elect, upon 90 days written
notice, to discontinue providing Article XIII indemnification to the City for events occurring
more than 90 days after receipt by the City Contract Manager of such notice from Contractor.If
Contractor elects not to provide Article XIII indemnification,City may ,without limitation and
not withstanding any other provision of this Agreement ,terminate this Agreement, no sooner
than 90 days after receipt of such notice from Contractor, at the City's sole discretion.
In the event that Contractor incurs legal costs on behalf of defending the City associated with
providing indemnification under this Section 12.2,all actual reasonable legal costs associated
with providing such indemnity shall be recoverable by the Contractor through the Rates. Such
adjustment to Rates shall be made in accordance with Section 11.5 of this Agreement; approval
of such request for an adjustment shall not be unreasonably withheld by the City.
12.3 INDEMNIFICATION RELATED TO PERSONNEL
Contractor shall defend ,hold harmless ,and indemnify the City and each of its officers, officials ,
employees, volunteers, and agents, for all loss ,damages, liability, claims ,suits ,costs or expenses
whatsoever, including reasonable attorneys 'fees,regardless of the merits or outcome of any such
claim or suit arising from or in any manner related to the City's request to remove or reassign
any employee pursuant to Section 8.5. This Section 12.3 shall survive the termination or
expiration of this Agreement.
City shall defend, hold harmless, and indemnify the Contractor and each of its officers for all
claims, suits, costs or expenses including reasonable attorneys 'fees, regardless of the merits or
outcome of any such claim or suit ,arising from compensation,pension, or other benefit due an
employee by the City solely as a direct result of his or her prior employment with the City.
12.4 INSURANCE
12.4.1 Minimum Scope of Insurance
Coverage shall be at least as broad as:
A. The most current version of Insurance Services Office (ISO) Commercial General
Liability Coverage Form CG 00 01 ,which shall include insurance for "bodily injury ,"
"property damage" and "personal and advertising injury" with coverage for premises and
operations, products and completed operations, and contractual liability.
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B.Insurance Services Office form number CA 0001 covering Automobile Liability,code 1
"any auto", and endorsement CA 0025.
C.Workers'Compensation insurance as required by the State Labor Code and Employers
Liability insurance.
D. Either:Employee Blanket Fidelity Bond; or,Commercial Crime Insurance which shall be
at least as broad as the most current version of Insurance Service Office (ISO) Crime and
Fidelity Form CR 00 20.
E.Pollution Legal Liability insurance.
12.4.2 Minimum Limits of Insurance
Contractor shall maintain limits no less than:
A.Commercial General Liability:$10,000,000 combined single limit per occurrence for
bodily injury,personal injury, and property damage.
B.Automobile Liability: $10,000 ,000 combined single limit per accident for bodily injury
and property damage.
C.Workers'Compensation and Employers Liability: Workers'compensation limits as
required by the State Labor Code and Employers Liability limits of $1,000,000 per
accident.
D.Employee Blanket Fidelity Bond:$500,000 per employee,covering dishonesty,forgery,
alteration ,theft,disappearance,destruction (inside or outside);or ,Commercial Crime
Insurance with limits of liability of not less than $1,000 ,000 per occurrence.
E.Pollution Legal Liability: $5,000 ,000 for bodily injury,property damage ,and
remediation of contaminated site.
12.4.3 Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the
option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the City, its officials and employees;or the Contractor shall procure a bond
guaranteeing payment of losses and related investigations,claim administration and defense
expenses.
12.4.4 Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
A.Commercial General Liability,Commercial Auto Liability and Pollution Legal Liability
coverages:
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1. The Cit y and each of its officers ,officials ,employees ,agents and volunteers are to
be covered as additional insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor;products and completed operations of
the Contractor;premises owned, leased or used by the Contractor;or automobiles
owned ,leased, hired or borrowed by the Contractor.The coverage shall contain no
special limitations on the scope of protection afforded to the City ,its officials,
employees ,or volunteers. The automobile liability is endorsed to contain MCA-90
coverage.
2. The Contractor's insurance coverage shall be primary insurance as respects the City,
its officials,employees,and volunteers. Any insurance or self-insurance maintained
by the City, its officials,employees,or volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
3. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the City ,its officials ,employees ,or volunteers .
4.Coverage shall state that the Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought,except with respect to the
limits of the insurer's liability.
B. Workers'Compensation and Employers Liability Coverage. The insurer shall agree to
waive all rights of subrogation against the City, its officers,employees ,and volunteers
for losses arising from work performed by the Contractor for the City.
C.Employee Blanket Fidelity Bond or Commercial Crime Insurance should be endorsed to
name the City as a loss payee.
D.All Coverages. Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended,voided,canceled by either Party,reduced in
coverage or in limits except after thirty (30)calendar days'prior written notice by
certified mail, return receipt requested,has been given to the City.
12.4.5 Acceptability of Insurers
The insurance policies required by this Section 12.4 shall be issued by an insurance company or
companies authorized to do business in the State and with a rating in the most recent edition of
Best's Insurance Reports of size category VII or larger and a rating classification of A- or better;
or authorized by the City 's Risk Manager.
12.4.6 Verification of Coverage
Contractor shall furnish Contractor's insurance agent a copy of these specifications ,and direct
the agent to provide the City with certificates of insurance and with original endorsements
affecting coverage required by this clause. Issuance of documentation indicates the Contractor's
insurance complies with these provisions. The certificates and endorsements for each insurance
policy are to be signed by a Person authorized by that insurer to bind coverage on its behalf. The
certificates and endorsements are to be received and approved by the City before work
commences.Upon request of City,Contractor shall immediately furnish City with a complete
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copy of any insurance policy required under this Agreement,including all endorsements,with
said copy certified by the underwriter to be a true and correct copy of the original policy. This
requirement shall survive expiration or termination of this Agreement.
12.4.7 Required Endorsements
A. The Workers'Compensation policy shall contain an endorsement in substantially the
following form:
"Thirty calendar days'prior written notice shall be given to the City of Fresno in the
event of cancellation,reduction in coverage,or non-renewal of this policy. Such notice
shall be sent to:
Solid Waste Manager
City of Fresno
1325 E. El Dorado
Fresno, CA 93706
B. The Commercial General Liability,Commercial Auto Liability and Pollution Legal
Liability insurance policies shall contain endorsements in substantially the following
form:
1."Thirty calendar days'prior written notice shall be given to the City of Fresno in the
event of cancellation,reduction in coverage,or non-renewal of this policy. Such
notice shall be sent to:
Solid Waste Manager
City of Fresno
1325 E. El Dorado
Fresno,CA 93706
2. "The City of Fresno,its officers,employees,and agents are additional insureds on
this policy." The City requires form CG2010 1185.
3. "This policy shall be considered primary insurance as respects any other valid and
collectible insurance maintained by the City of Fresno,including any self-insured
retention or program of self-insurance,and any other such insurance shall be
considered excess insurance only."
4."Inclusion of the City of Fresno as an insured shall not affect the City's rights as
respects any claim,demand,suit or judgment brought or recovered against the
Contractor.This policy shall protect Contractor and the City in the same manner as
though a separate policy had been issued to each, but this shall not operate to
increase the Contractor's liability as set forth in the policy beyond the amount shown
or to which the Contractor would have been liable if only one Party had been named
as an insured."
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12.4.8 Delivery of Proof of Coverage
Simultaneously with the execution of this Agreement,Contractor shall furnish the City
certificates of each policy of insurance required hereunder, in form and substance satisfactory to
City. Such certificates shall show the type and amount of coverage ,effective dates and dates of
expiration of policies and shall have all required endorsements.If the City Contract Manager
.requests, copies of each policy, together with all endorsements, shall also be promptly delivered
to City Contract Manager.
Renewal certificates will be furnished periodically to City Contract Manager to demonstrate
maintenance of the required coverages throughout the Term.
12.4.9 Other Insurance Requirements
A.If Contractor should subcontract any portion of the services to be performed under this
Agreement, Contractor shall require each subcontractor to provide insurance protection in
favor of City and each of its officers ,officials, employees, agents and volunteers in
accordance with the terms of Section 12.4, except that any required certificates and
applicable endorsements shall be on file with Contractor and City prior to the
commencement of any services by the subcontractor.
B.If at any time during the life of the Agreement or any extension ,Contractor or any of its
subcontractors fail to maintain any required insurance in full force and effect, Contractor
shall be in breach of the Agreement until notice is received by City that the required
insurance has been restored to full force and effect and that the premiums therefore have
been paid for a period satisfactory to City .Any failure to maintain the required insurance
shall be sufficient cause for City to terminate this Agreement. No action taken by City
pursuant to this section shall in any way relieve Contractor of its responsibilities under
this Agreement.
If Contractor fails to procure and maintain any insurance required by this Agreement, the City
may take out and maintain, at the Contractor's expense, such insurance as it may deem proper
and deduct the cost thereof from any monies due the Contractor.
The Commercial General Liability, Commercial Auto Liability and Pollution Legal Liability
insurance policies shall be written on an occurrence form .If Contractor is unable to purchase
Pollution Legal Liability insurance on an occurrence form and must purchase such insurance on
a claims made form:
1. The "Retro Date "must be shown ,and must be before the effective date of the Agreement
or the commencement of work by Contractor.
2. The policy shall be endorsed to provide not less than a 5-year discovery period. This
requirement shall survive expiration or termination of the Agreement.
3.If coverage is canceled or non-renewed, and not replaced with another claims-made
policy form with a "Retro Date" prior to the effective date of the Agreement, Contractor
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must purchase "extended reporting "coverage for a minimum of 5 years following the
expiration or termination of the Agre ement.
4. A copy of the claims reporting requirements must be submitted to City for review.
5. These requirements shall survive expiration or termination of this Agreement.
12.5 PERFORMANCE BOND
On or before the Effective Date of this Agreement, Contractor shall file with the City a bond ,
payable to the City ,securing the Contractor 's faithful performance of its obligations under this
Agreement and such bond shall be renewed annually if necessary so that the performance bond is
maintained at all times during the Term. The principal sum of the bond shall be two million six
hundred sixty five thousand two hundred seventy nine dollars ($2,665 ,279).The bond shall be
executed by a corporation authorized to issue surety bonds in the State, with a financial condition
and record of service satisfactory to the City. The performance bond is included in Exhibit M .
ARTICLE 13.
DEFAULT AND REMEDIES
13.1 EVENTS OF DEFAULT
Each of the following shall constitute an event of default ("Event of Default") hereunder:
A. Contractor fails or refuses to perform its obligations under this Agreement ,or future
amendments to this Agreement ,and: (i) if the failure or refusal has created an imminent
threat to public health and is not cured within two (2) Business Days after receiving
notice from the City specifying the breach; or (ii) in the case of any other breach of the
Agreement, the breach continues for more than thirty (30) calendar days after written
notice from the City for the correction thereof. Where such breach cannot be cured
within such thirty (30) day period, Contractor shall not be in default of this Agreement if
Contractor shall have commenced such action required to cure the particular breach
within ten (l0)calendar days after such notice, and it continues such performance
diligently until completed.
B.Any representation ,warrant y,or disclosure made to City by Contractor in connection
with or as an inducement to entering into this Agreement or any future amendment to this
Agreement ,which proves to be false or misleading in any material respect ,as of the time
such representation or disclosure is made ;
C.There is a seizure or attachment (other than a pre-judgment attachment) of, or levy
affecting possession of,the operating equipment of Contractor,including without limit its
vehicles, Containers ,maintenance or office facilities ,or any part thereof of such
proportion as to substantially impair Contractor's ability to perform under this Agreement
and which cannot be released, bonded ,or otherwise lifted within forty-eight (48) hours
excluding weekends and Holidays;
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D.Contractor files a voluntary petition for debt relief under any applicable bankruptcy,
insolvency, debtor relief, or other similar law now or hereafter in effect, or shall consent
to the appointment of or taking of possession by a receiver, liquidator, assignee (other
than as a part of a transfer of equipment no longer useful to Contractor or necessary for
this Agreement), trustee (other than as security for an obligation under a deed of trust),
custodian, sequestrator (or similar official)of the Contractor for any part of Contractor's
operating assets or any substantial part of Contractor's property, or shall make any
general assignment for the benefit of Contractor's creditors, or shall fail generally to pay
Contractor's debts as they become due or shall take any action in furtherance of any of
the foregoing;
E.A court having jurisdiction shall enter a decree or order for relief in respect of the
Contractor, in any involuntary case brought under any bankruptcy, insolvency, debtor
relief, or similar law now or hereafter in effect, or Contractor shall consent to or shall fail
to oppose any such proceeding, or any such court shall enter a decree or order appointing
a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official)of the
Contractor or for any part of the Contractor's operating equipment or assets, or orders the
winding up or liquidation of the affairs of Contractor;
F.Contractor fails to provide reasonable assurances of performance as required under
Section 13.8.
13.2 RIGHT TO TERMINATE UPON DEFAULT
Upon a default by Contractor, the City may terminate this Agreement within ten (10) Business
Days of the default but no later than one hundred eighty (180) calendar days after the default.
Such termination shall be effective ten (10) Business Days following the City Contract
Manager's written notice to Contractor.Contractor may, within ten (10) Business Days of receipt
of such notice, file, in writing, via certified mail, to the City Manager's office, a request for a
hearing of the City Council to appeal the decision of the City Contract Manager.If Contractor
files such a request, the City Council shall hear the appeal within thirty (30) calendar days of
receipt of Contractor's request.If the City Council upholds the City Contract Manager's
recommendation for termination of this Agreement, such termination will become effective ten
(10) Business Days from the date of the City Council's determination without the need for any
further hearing, suit or legal action.
13.3 POSSESSION OF PROPERTY UPON TERMINATION
In the event of termination for default, the City shall have the right to take possession of any and
all of Contractor's equipment used in the Collection, Transportation, Processing, and Disposal of
Solid Waste, Recyclable Materials, or Organic Materials and the Billing and collection of fees
for these services and to use such property. For a period of up to one hundred eighty (180)
calendar days from termination, the City shall have the right to retain the possession of such
property until other suitable arrangements can be made for the provision of Solid Waste,
Recyclable Materials, or Organic Materials Collection services, which may include the award of
an Agreement to another waste hauling company.If the City retains possession thereof after the
period of time for which Contractor has already been paid by means of bills issued in advance of
providing service for the class of service involved, the Contractor shall be entitled to the
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reasonable rental value,not to exceed two hundred dollars ($200) per day for vehicles ,of such
property (which shall be offset against any damages due the City for the Contractor's default and
any costs incurred by City to maintain such equipment).
In addition to any rights set forth in Section 8A .D ,City shall have the sole option ,but not the
obligation, to purchase Contractor's equipment (including but not limited to the vehicles
acquired by Contractor from City pursuant to Section 8.3.1 of this Agreement) at its net book
value ,in the event of termination for default or termination pursuant to Section 12.2.
Contractor shall furnish the City with immediate access to all of its business records related to its
Customers and Billing of accounts for Collection services.
13.4 CITY'S REMEDIES CUMULATIVE;SPECIFIC PERFORMANCE
The City's right to terminate the Agreement under Section 13.2 and to take possession of the
Contractor's properties under Section 13.3 are not exclusive, and the City's termination of the
Agreement and/or the imposition of Liquidated Damages shall not constitute an election of
remedies. Instead ,these rights shall be in addition to any and all other legal and equitable rights
and remedies which the City may have.
By virtue of the nature of this Agreement ,the urgency of timely, continuous and high quality
service ,the lead time required to effect alternative service, and the rights granted by City to the
Contractor, the remedy of damages for a breach hereof by Contractor is inadequate and City shall
be entitled to injunctive relief.
13.5 LIQUIDATED DAMAGES
A.General.The Parties find that as of the time of the execution of this Agreement, it is
impractical ,if not impossible, to reasonably ascertain the extent of damages which shall
be incurred by City as a result of a breach by Contractor of its obligations under this
Agreement. The factors relating to the impracticability of ascertaining damages include,
but are not limited to, the fact that: (i) damage may result to members of the public who
are denied services or denied quality or reliable service; (ii) such breaches cause
inconvenience, anxiety, frustration ,and deprivation of the benefits of the Agreement to
individual members of the general public for whose benefit this Agreement exists ,which
are incapable of measurement in precise monetary terms; (iii) the monetary loss resulting
from denial of services or denial of quality or reliable services is impossible to calculate
in precise monetary terms; and (iv) the termination of this Agreement for such breaches ,
and other remedies are,at best ,a means of future correction and not remedies which
make the public whole for past breaches .
B.Service Performance Standards;Liquidated Damages for Failure to Meet
Standards.The Parties further acknowledge that consistent ,reliable Solid Waste ,
Recyclable Materials ,and Organic Materials Collection service is of utmost importance
to City and that City has considered and relied on Contractor's representations as to its
quality of service commitment in awarding the Agreement to it. The Parties recognize
that some quantified standards of performance are necessary and appropriate to ensure
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consistent and reliable service and performance. The Parties further recognize that if
Contractor fails to achieve the performance standards, or fails to submit required
documents in a timely manner, City and its Multi-Family residents and businesses will
suffer damages and that it is and will be impractical and extremely difficult to ascertain
and determine the exact amount of damages which City will suffer. Therefore, without
prejudice to City's right to treat such non-performance as an event of default under this
Section 13.5, the Parties agree that the Liquidated Damages amounts established in
Exhibit H and the following Liquidated Damage amounts represent a reasonable estimate
of the amount of such damages considering all of the circumstances existing on the
Effective Date of this Agreement, including the relationship of the sums to the range of
harm to City that reasonably could be anticipated and that proof of actual damages would
be costly or impractical.
Contractor agrees to pay (as Liquidated Damages and not as a penalty) the amounts set
forth in Exhibit H.
City may determine the occurrence of events giving rise to Liquidated Damages through
the observation of its own employees or representative or investigation of Complaints by
Customers, Occupants, and Generators.
Before assessing Liquidated Damages, City Contract Manager shall give Contractor
notice of its intention to do so. The notice will include a brief description of the
incident(s) and non-performance. The City Contract Manager may review (and make
copies at its own expense) all information in the possession of Contractor relating to
incident(s) and non-performance. City Contract Manager may, within ten (10)calendar
days after issuing the notice, request a meeting with Contractor. City Contract Manager
may present evidence of non-performance in writing and through testimony of its
employees and others relevant to the incident(s) and non-performance. City Contract
Manager will provide Contractor with a written explanation of his or her determination
on each incident(s) and non-performance prior to authorizing the assessment of
Liquidated Damages under this Section 13.5. The decision of City Contract Manager
shall be final and Contractor shall not be subject to, or required to exhaust, any further
administrative remedies.
C.Amount.City may assess Liquidated Damages for each calendar day or event, as
appropriate, that Contractor is determined to be liable in accordance with this Agreement
in the amounts specified in Exhibit H subject to annual adjustment described below.If
the amount of Liquidated Damages for any three (3) month period exceeds the thresholds
established in Section 8.5.C, the City Contract Manager shall have the right to request
replacement of the Contractor's field representative and the Contractor's responsible
officer as designated by the Contractor as described in Section 8.5.C.
The amount of Liquidated Damages specified in Exhibit H shall be adjusted annually on
the first day of the Rate Period. Liquidated Damage amounts shall be adjusted by the
OCF calculated in accordance with Step 4 of Section 11.3.B in an index-based
adjustment Rate Period or with Exhibit P Section 4.A in a cost-based adjustment Rate
Period, or five percent (5%), whichever is less. The adjustment shall equal:
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IfOCF is less than five percent (5.00%):
Adjusted Liquidated
Damage Amount =Then-current Liquidated Damage Amount x (l +OCF)
IfOCF greater than five percent (5.00%):
Adjusted Liquidated
Damage Amount =Then-current Liquidated Damage Amount x (l +0.05)
For example:
1.Then-Current Liquidated Damage Amount =$150.00
2.Operating Cost Factor =4.3% (as calculated in Step 5 of Section 11.3.B)
Adjusted Liquidated Damage Amount =$150.00 x (l +0.043)=$156.45
The adjustment shall be rounded to the nearest cent.
D.Timing of Payment.Contractor shall pay any Liquidated Damages assessed by City
within ten (l0)calendar days of the date the Liquidated Damages are assessed.If they
are not paid within the 10-day period,the Contractor shall pay the City the Liquidated
Damage payment due plus interest compounded daily, where interest shall be calculated
using the annual yield rate for the California Local Agency Investment Fund most-
recently published by the State Treasurer's office. The City Contract Manager shall send
written notice to the Contractor and the Contractor's performance bond company stating
Contractor's failure to pay Liquidated Damages and the City'S right to terminate the
Agreement and proceed against the performance bond if payment is not received within
ninety (90) days of the date Liquidated Damages were assessed.
If the Liquidated Damages payment is thirty (30) days past due, the Contractor shall pay
the City double the Liquidated Damages payment due plus interest compounded daily,
where interest shall be calculated as described above.If the Liquidated Damages
payment is sixty (60) days or more past due, the City Contract Manager shall notice the
Contractor and the Contractor's performance bond company of the City'S intent to
terminate the Agreement and proceed against the performance bond if Liquidated
Damages are not paid within ninety (90) days of the date of assessment.If the Liquidated
Damages payment is ninety (90) days or more past due and the City provided Contractor
with 30-day advance written notice of its intent to terminate the Agreement for failure to
pay Liquidated Damages,the City may terminate the Agreement,in which case the
provisions of Section 13.3 shall apply and the City may proceed against the performance
bond required by the Agreement.
13.6 AB 939 AND AB 32-RELATED DAMAGES
Contractor shall pay its proportional share of all fines and/or penalties imposed by the State if the
requirements of the Act are not met by the City.
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Contractor shall pay its proportional share of all fines and/or penalties imposed by the State if the
Mandatory Commercial Recycling Requirements are not met by the City.
If fines and/or penalties are imposed by the State,Contractor shall only be liable if:(i)
Contractor failed to implement all programs required by this Agreement and described in Exhibit
C; (ii) Contractor failed to perform public education and outreach responsibilities required under
this Agreement including, but not limited to those described in Section 7.1; or, (iii) Contractor
delayed in providing information that prevented Contractor or City from submitting reports
required by the State in a timely manner.
If the damages considered by this Section 13.6 are to be assessed, the Contractor's proportional
share shall be determined in relationship to performance of contractor(s)in the other City-
designated service areas. Such proportional share shall be determined in the City'S sole
discretion and shall not be subject to appeal or litigation.
13.7 EXCUSE FROM PERFORMANCE
The Parties shall be excused from performing their respective obligations hereunder if they are
prevented from so performing by reason of floods, earthquakes, other acts of nature, war, civil
insurrection, riots, acts of any government (including judicial action), and other similar
catastrophic events which are beyond the control of and not the fault of the Party claiming
excuse from performance hereunder. Labor unrest, including but not limited to strike, work
stoppage or slowdown, sick-out, picketing, or other concerted job action conducted by
Contractor's employees or directed at Contractor is not an excuse from performance and
Contractor shall be obligated to continue to provide service notwithstanding the occurrence of
any or all of such events.
The Party claiming excuse from performance shall, within two (2) Business Days after such
Party has notice of such cause, give the other Party notice of the facts constituting such cause and
asserting its claim to excuse under this Section.
If either Party validly exercises its rights under this Section, the Parties hereby waive any claim
against each other for any damages sustained thereby.
The partial or complete interruption or discontinuance of Contractor's services caused by one or
more of the events described in this Article shall not constitute a default by Contractor under this
Agreement.Notwithstanding the foregoing, however, (i) the existence of an excuse from
performance will not affect the City's rights under Section 4.6; and (ii)if Contractor is excused
from performing its obligations hereunder for any of the causes listed in this Section for a period
of thirty (30) calendar days or more, the City shall nevertheless have the right, in its sole
discretion, to terminate this Agreement by g iving ten (10)ca lendar days notice to Contractor
unless Contractor has demonstrated, by the thirti eth (30
th)calendar day,to the satisfaction of the
City that the Contractor will resume servic es no later than the s ixtieth (60th
)day following the
date service was interrupted or discontinued by Contractor.If the City terminates the Agreement
under this provision, the provisions of Section 13.3 shall apply.
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13.8 RIGHT TO DEMAND ASSURANCES OF PERFORMANCE
If Contractor (i) is the subject of any labor unrest including work stoppage or slowdown, sick-
out, picketing or other concerted job action; (ii) appears in the reasonable judgment of City to be
unable to regularly pay its bills as they become due; or (iii) is the subject of a civil or criminal
judgment or order entered by a Federal, State, regional or local agency for violation of an
Applicable Law, and the City believes in good faith that Contractor's ability to perform under the
Agreement has thereby been placed in substantial jeopardy,the City may, at its option and in
addition to all other remedies it may have, demand from Contractor reasonable assurances of
timely and proper performance of this Agreement, in such form and substance as the City
Contract Manager believes in good faith is reasonably necessary in the circumstances to
evidence continued ability to perform under the Agreement.If Contractor fails or refuses to
provide satisfactory assurances of timely and proper performance in the form and by the date
required by City Contract Manager, such failure or refusal shall be an event of default for
purposes of Section 13.1.
ARTICLE 14.
OTHER AGREEMENTS OF THE
PARTIES
14.1 RELATIONSHIP OF PARTIES
The Parties intend that Contractor shall perform the services required by this Agreement as an
independent Contractor engaged by City and not as an officer or employee of the City nor as a
partner of or joint venturer with the City. No employee or agent of Contractor shall be, or shall
be deemed, an employee or agent of the City. Except as expressly provided herein,Contractor
shall have the exclusive control over the manner and means of conducting the Solid Waste,
Recyclable Materials, and Organic Materials Collection,Transportation,Processing, and
Disposal services performed under this Agreement, and all Persons performing such services.
Contractor shall be solely responsible for the acts and omissions of its officers, employees,
Subcontractors, and agents. Neither Contractor nor its officers, employees,Subcontractors,and
agents shall obtain any rights to retirement benefits, workers'compensation benefits, or any other
benefits which accrue to City employees, by virtue of their employment with the City.
14.2 COMPLIANCE WITH LAW
Contractor shall at all times, at its sole cost, comply with all Applicable Laws, permits and
licenses of the United States, the State and the City and with all applicable regulations
promulgated by Federal, State, regional or local administrative and regulatory agencies, now in
force and as they may be enacted, issued or amended during the Term.
14.3 GOVERNING LAW
This Agreement shall be governed by, and construed and enforced in accordance with, the laws
of the State of California.
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14.4 JURISDICTION
Any lawsuits between the Parties arising out of this Agreement shall be brought and concluded
in the courts of Fresno County in the State of California,which shall have exclusi ve jurisdiction
over such lawsuits.
With respect to venue ,the Parties agree that this Agreement is made in and will be performed in
Fresno County.
14.5 BINDING ON SUCCESSORS
The provisions of this Agreement shall inure to the benefit to, and be binding on, the successors
and permitted assigns of the Parties.
14.6 ASSIGNMENT
Neither Party shall assign its rights nor delegate or otherwise transfer its obligations under this
Agreement to any other Person without the prior written consent of the other Party. An y such
assignment made without the consent of the other Party shall be void and the attempted
assignment shall constitute a material breach of this Agreement.
For purposes of this Section,"assignment"shall include,but not be limited to: (i) a sale,
exchange or other transfer of substantially all of Contractor's local,regional,and/or company
assets dedicated to service under this Agreement to a third party ;(ii) a sale ,exchange ,or other
transfer of ten percent (10%)or more of the local,regional,and /or company assets or ownership
of Contractor to a Person except that no cumulative sale,exchange,or transfer of ownership may
exceed twenty percent (20%)during the Term of the Agreement;(iii) any reorganization,
consolidation,merger,recapitalization,voting trust ,pooling agreement,escrow arrangement,
liquidation or other transaction to which Contractor or any of its members is a party that results
in a change of ownership or control of ten percent (10%)or more of the value or voting rights in
the local,regional,and/or company ownership interests of Contractor;(iv)divestiture of an
Affiliate (e.g.,trucking company,materials recovery facility,Transfer Station,Disposal Site,
Compost Site ,Recyclables Processing Site, etc.) used by Contractor to fulfill its obligations
under this Agreement ;and, (v) any combination of the foregoing (whether or not in related or
contemporaneous transactions)that has the effect of any such transfer or change of local,
regional ,and /or company ownership and/or control of Contractor.For purposes of this Section,
the term "proposed assignee"shall refer to the proposed transferee(s)or other successor(s)in
interest pursuant to the assignment.
Contractor acknowledges that this Agreement involves rendering a vital service to City's
residents and businesses ,and that City has selected Contractor to perform the services specified
herein based on: (1)Contractor's experience,skill ,and reputation for conducting its Solid Waste,
Recyclable Materials,and Organic Materials management operations in a safe,effective,and
responsible fashion at all times in keeping with Applicable Laws,regulations,and good waste
management practices ;and, (2)Contractor's financial resources on a local ,regional,and/or
company to maintain the required equipment and to support its indemnity obligations to the City
under this Agreement.The City has relied on each of these factors,among others ,in choosing
Contractor to perform the services to be rendered by Contractor under this Agreement.
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If Contractor requests City's consideration of and consent to an assignment,City may deny or
approve such request in its complete discretion.No request by Contractor for consent to an
assignment need be considered by City unless and until Contractor has met the following
requirements.The City may, in its sole discretion,waive one or more of these requirements.
A. On the date the Contractor submits a written request for the City's written consent
of an assignment,Contractor shall pay the City a transfer fee in the amount of two
hundred fifty thousand dollars ($250,000).
B.In addition to the transfer fee,Contractor shall pay City its expenses for attorney's
fees and investigation costs necessary to investigate the suitability of any
proposed assignee,and to review and finalize any documentation required as a
condition for approving any such assignment.
C.Contractor shall furnish City Contract Manager with audited financial statements
of the proposed assignee's operations for the immediately preceding three (3)
operating years.
D.Contractor shall furnish City Contract Manager with satisfactory proof: (i) that the
proposed assignee has at least ten (10) years of Solid Waste,Recyclable
Materials,and Organic Materials management experience on a scale equal to or
exceeding the scale of operations conducted by Contractor under this Agreement;
(ii) that in the last five (5) years, the proposed assignee has not suffered any
citations or other censure from any Federal,State, or local contractor having
jurisdiction over its waste management operations due to any significant failure to
comply with State,Federal,or local waste management laws and that the assignee
has provided the City Contract Manager with a complete list of such citations and
censures;(iii) that the proposed assignee has at all times conducted its operations
in an environmentally safe and conscientious fashion; (iv) that the proposed
assignee conducts its Solid Waste,Recyclable Materials,and Organic Materials
management practices in accordance with sound waste management practices in
full compliance with all Federal,State, and local laws regulating the Collection,
Transportation,Processing,and Disposal of Solid Waste,Recyclable Materials,
and Organic Materials,including Hazardous Waste as identified in Chapter II of
Division 4.5 of Title 22 of the California Code of Regulations;and, (v) that any
other information required by City Contract Manager demonstrates that the
proposed assignee can fulfill the terms of this Agreement in a timely, safe, and
effective manner.
E.Contractor shall provide the City Contract Manager with any and all additional
records or documentation that, in the City Contract Manager's sole determination,
would facilitate the review of the proposed assignment.
Under no circumstances shall the City consider or permit an assignment if the assignment would
result in one Person including,but not limited to,Parent Companies,company affiliates,or
Related-Party Entities holding franchises for more than two Commercial franchise service areas
in the City.
88
Under no circumstances shall any proposed assignment be considered by the City if Contractor is
in default at any time during the period of consideration. If, in the City Contract Manager's sole
determination, there is any doubt regarding the compliance of the Contractor with the
Agreement, City Contract Manager may require an audit of the Contractor's compliance and the
costs of such audit shall be paid by Contractor in advance of the performance of said audit.
14.7 PARTIES IN INTEREST
Nothing in this Agreement, whether express or implied, is intended to confer any rights on any
Persons other than the Parties to the Agreement and their representatives, successors and
permitted assigns.
14.8 WAIVER
The waiver by either Party of any breach or violation of any provisions of this Agreement shall
not be deemed a waiver of any breach or violation of any other provision nor of any subsequent
breach of violation of the same or any other provision. The subsequent acceptance by either
Party of any monies which become due hereunder, shall not be deemed to be a waiver of any
pre-existing or concurrent breach, or violation by the other Party of any provision of this
Agreement.
14.9 NOTICE PROCEDURES
All notices, demands, requests, proposals, approvals, consents, and other communications which
this Agreement requires, authorizes or contemplates all, except as provided in Section 4.6.1, shall
be in writing and shall either be personally delivered to a representative of the Parties at the
address below or deposited in the United States mail, first class postage prepaid, addressed as
follows:
A. If to City:
Solid Waste Manager
City of Fresno
1325 E. EIDorado
Fresno, CA 93706
B.If to Contractor:
General Manager
Allied Waste Services of Fresno
5501 N. Golden State Blvd.
Fresno, CA 93722
The address to which communications may be delivered may be changed from time to time by a
notice given in accordance with this Section.
Notice shall be deemed given on the day it is personally delivered or,if mailed, three (3)
calendar days from the date it is deposited in the mail.
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14.10 REPRESENTATIVES OF THE PARTIES
References in this Agreement to the "City" shall mean the City Council and all actions to be
taken by the City shall be taken by the City Council except as provided below. The City Council
may delegate,in writing,authority to the City Manager,the Director of Public Utilities
Department,and/or to other City officials and may permit such officials,in tum, to delegate in
writing some or all of such authority to subordinate officers. By approving this Agreement,the
City Council has delegated to the City Contract Manager the specific authority granted the City
Contract Manager by the terms of this Agreement.The Contractor may rely upon actions taken
by such delegates if they are within the scope of the authority properly delegated to them.
The Contractor shall, by the Effective Date,designate in writing a responsible officer who shall
serve as the representative of the Contractor in all matters related to the Agreement and shall
inform the City Contract Manager in writing of such designation and of any limitations upon his
or her authority to bind the Contractor.The City may rely upon action taken by such designated
representative as actions of the Contractor unless they are outside the scope of the authority
delegated to him/her by the Contractor as communicated to City.
14.11 CRIMINAL ACTIVITY OF CONTRACTOR
14.11.1 Criminal Activity
For purpose of this Section,Criminal Activity shall mean any of the following events or
circumstances:
A.Convictions.The entry against any Contractor Party of a criminal conviction or a
permanent mandatory or prohibitory injunction from a court,municipality or regulatory
agency of competent jurisdiction based on acts taken in his or her official capacity on
behalf of Contractor relating to:
1. Fraud or criminal offense in connection with obtaining,attempting to obtain,
procuring or performing a public or private agreement related to municipal Solid
Waste,Recyclable Materials,or Organic Materials services of any kind (including
Collection,Transportation,transfer,Processing,Composting or Disposal),including
this Agreement or any amendment thereto;
2.Bribery or attempting to bribe a public officer or employee of a local, State, or
Federal agency;
3.Embezzlement,extortion,racketeering,false claims, false statements,forgery,
falsification,or destruction of records,obstruction of justice,knowingly receiving
stolen property,theft, or misprision (failure to disclose)of a felony;
4.Unlawful disposal of Hazardous Waste or Designated Waste the occurrence of which
any of Contractor Party knew or should have known;
5.Violation of antitrust laws,including laws relating to price-fixing,bid-rigging and
sales and market allocation,and of unfair and anti-competitive trade practices laws,
90
including with respect to inflation of fees for Solid Waste ,Recyclable Materials or
Organic Materials Collection, Transportation, Processing, or Disposal;
6. Violation of securities laws;
7. Felonies.
B.Pleas. Entry of a plea of "guilty," "nolo contendere,"or "no contest "by a Contracting
Party based on acts taken in his, her ,or its official capacity on behalf of Contractor with
respect to the conduct described in preceding subdivision (1)of this Section.
14.11.2 Notice
Contractor shall notify City Contract Manager In writing within five (5) calendar days of
occurrence of any Criminal Activity.
14.11.3 Contractor's Cure
Upon occurrence of any Criminal Activity, Contractor shall immediately do or cause to be done
all of the following:
A. Terminate from employment or remove from office any offending individual Contractor
Party, unless otherwise directed or ordered by a court or regulatory agency of competent
jurisdiction or authority, and unless that termination would constitute a breach of any
labor agreement entered into by Contractor, and
B. Eliminate participation by any individual offending Contractor Party in any management,
supervision, or decision activity that affects or could affect ,directly or indirectly ,the
performance of the Contractor under this Agreement.
14.11.4 Transfer and Hiring
Contractor shall not allow or cause to be allowed the hire or transfer of any individual from any
Parent Company or subsidiary company or business entity of Contractor who has committed
Criminal Activity as a Contractor representative, field supervisor ,officer, or director who is
directly or indirectly responsible for performance of this Agreement without obtaining prior
written consent of City Contract Manager ,following full disclosure to City Contract Manager of
the facts and circumstances surrounding such Criminal Activity.
14.11.5 City's Remedy
In the event of any occurrence of Criminal Activity, the City,in its sole discretion, may
terminate the Agreement within thirty (30) calendar days written notice to Contractor, or may
impose other sanctions (which may include financial sanctions, temporary suspensions, or any
other condition deemed appropriate short of termination) as it will deem proper, in the following
events :
A. Contractor fails to comply with the foregoing obligation of this Section 14.11, or
B. The Criminal Activity concerns or relates directly or indirectly to this Agreement.
91
Contractor shall be given the opportunity to present evidence in mitigation during the 30-
calendar day notice period.
14.12 PUBLIC HEARING ON CONTRACTOR'S PERFORMANCE
At any time, but no more than once annually, the City may hold a public hearing, at which
Contractor may be required by City to respond to information requests related to, attend, and
participate in, a review the Contractor's performance and to solicit feedback from the public
regarding Contractor's performance of services under this Agreement. The purpose of the public
hearing shall be to provide for discussion and review of technological, economic, and regulatory
changes in order to achieve a continuing, state-of-the-art Collection, Transportation, Processing,
and Disposal system and to ensure services are being provided with adequate quality,
effectiveness, and economy. Input provided during the public hearing may be used by the City at
its discretion.
ARTICLE 15.
MISCELLANEOUS AGREEMENTS
15.1 ENTIRE AGREEMENT
This Agreement, including the Exhibits, represents the full and entire Agreement between the
Parties relating to the matters covered herein.
15.2 SECTION HEADINGS
The article headings and section headings in this Agreement are for convenience of reference
only and are not intended to be used in the construction of this Agreement nor to alter or affect
any of its provisions.
15.3 REFERENCES TO LAWS
All references in this Agreement to laws shall be understood to include such laws as they may be
subsequently amended or recodified, unless otherwise specifically provided.
15.4 INTERPRETATION
This Agreement shall be interpreted and construed reasonably and neither for nor against either
Party, regardless of the degree to which either Party participated in its drafting.
15.5 AMENDMENT
This Agreement may not be modified or amended in any respect except in writing signed by the
Parties.
15.6 SEVERABILITY
If any non-material provision of this Agreement is for any reason deemed to be invalid and
unenforceable, the invalidity or unenforceability of such provision shall not affect any of the
92
remammg prOVISIOns of this Agreement,which shall be enforced as if such invalid or
unenforceable provision had not been contained herein.
15.7 COUNTERPARTS
This Agreement may be executed in counterparts,each of which shall be considered an original.
15.8 EXHIBITS
Each of the Exhibits identified as Exhibit "A"through "P"is attached hereto and incorporated
herein and made a part hereof by this reference.In the event that requirements,obligations,
privileges,or entitlements of the Exhibits conflict with those described in the Agreement,the
Agreement shall control.
IN WITNESS WHEREOF,the Parties have caused the Agreement to be executed on the day and
year first above written.
CITY OF FRESNO
A California Municipal Corporation
Mark Scott
City Manager
ity Attorney
ATTEST:
REBECCA E.KLISCH
City Clerk
11-1"/
93
CONTRACTOR
ALLIED WASTE SERVICES OF NORTH
AMERICA,LLC, A Delaware Limited Liability
Company,dba ALLIED WASTE SERVICES OF
FRESNO,
EXHIBIT A
SECRETARY'S CERTIFICATION
CERTIFICATE OF SECRETARY
The undersigned, Secretary of BROWNING-FERRIS INDUSTRIES,LLC,a
Delaware limited liability company, in its capacity as the sole member of ALLIED
WASTE SERVICES OF NORTH AMERICA,LLC,a Delaware limited liability
company (the "Operating Company"), and in connection with the Commercial and Multi-
Family Solid Waste, Recycling and Organic Material Agreement entered into between
the Operating Company and the City of Fresno (the "Contract"),hereby certifies that the
following is a true and correct copy of the resolution which was duly adopted by written
consent on July 15, 2011, and that such resolution has not been rescinded, amended or
modified in any respect, and is in full force and effect on the date hereof:
RESOLVED,that any individual at the time holding the position of Area
President, Area Controller, or General Manager be, and each of them hereby is, appointed
as an Authorized Agent, to act in the name and on behalf of the Company, in connection
with the day-to-day business activities of the Company, and further, in addition to the
foregoing positions, any Municipal Services Director or Area Municipal Services
Manager be ,and each of them hereby is, appointed as an Authorized Agent to execute
any b id and proposal,and if awarded ,any related contract for services to be performed by
the Company and any bond required by such bid, proposal or contract in accordance with
the existing Levels of Authority.
I further certify that DANIEL CAPENER holds the title of General Manager and in such
capacity has full authority to act in the name and on behalf of the Company as set forth in
the foregoing resolution.
WITNESS MY HAND, this 171b day ofOctober, 2011.
NOTARY'S CERTIFICATION
STATE OF CALIFORNIA
COUNTYOF fr~~
On II -I -."20 ,,,__,before me, the undersigned,a Notary Public in and for the
State of Califomia,personally appeared DAN .e..l :rA j_~('...r.A:~f:c"":f).cVs.::...._
_::;:-""known to me to be the _
G ene ra l (Y)W A .~RC of Contractor that executed the within instrument on behalf
of the Contractor tFi'er ein named, and acknowledged to me that such Contractor executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the
County of rr.€tj)JQ this I day of NcJ.IQ/'rI&.r ,~.
Notary Public
My Commission Expires:
Page 1 of 1 Exhibit B
EXHIBITC
CONTRACTOR'S PROPOSAL
This page intentionally left blank
~_________________0 ..-..=-....-
Allied Waste Services
Of Fresno
PRESENTS
PROPOSAL
TO
THE CITY OF FRESNO
FOR
MULTI-FAMILY AND COMMERCIAL SOLID WASTE
RECYCLABLE MATERIALS,AND ORGANIC
MATERIALS SERVICES
BID FILE #9133
i
City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial, Solid Waste Recyclable
Materials, and Organic Materials Services - July 12, 2010
~Content printed on 100% recycled paper ~
ii
City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial ,Solid Waste Recyclable
Materials, and Organic Materials Services - July 12, 2010
Content printed on 100% recycled paper
iii
City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial,Solid Waste Recyclable
Materials,and Organic Materials Services - July 12, 2010
Content printed on 100% recycled paper
August 20 ,2010
~__________________________tt,,-..:'"'"""'""'"-
Mr. Jason MacDonald
Office of the Purchasing Manager
City of Fresno
2101 "G" Street
Fresno ,CA 93706
Dear Mr.MacDonald :
Allied Waste Services of North America LLC, doing business as Allied Waste Services of
Fresno, is pleased to respond to the request from the City of Fresno to provide a proposal
for collection of Multi-Family and Commercial Solid Waste,Recyclable Materials, and
Organic Material Services. As a fully integrated solid waste management and recycling
services company ,Allied Waste Services is well positioned to serve as the City of
Fresno 's multi-family and commercial solid waste, recycling and organic material services
collection company .In concert with our local Fresno business partners, we will collect
and process all commercial and multi-family solid waste, recycling and organics. With
over 35 years of experience serving the Fresno area, our local personnel,financial assets
and capability to immediately implement all of the services required in the Request for
Proposals makes us uniquely qualified to provide services under this contract.
The applicant responding to this proposal is Allied Waste Services of North America LLC,
doing business as Allied Waste Services of Fresno .During this process, please use the
following information for communications with our key contact person :
Daniel Capener
General Manager
5501 N.Golden State Blvd.
Fresno,CA 93722
E-mail:dcapener@republicservices.com
Office Phone (559) 275-1551
Fax Number (559)275-8012
Cell Phone (925)250-2388
Allied Waste Services, and its parent company,Republic Services ,is the second largest
non-hazardous recycling and waste management company in the United States. As a
national leader ,Allied has proposed a program that will meet the City of Fresno's
commitment to protection and preservation of the environment.Our Sustainability Policy,
outlined in the executive summary ,embarks upon a visionary approach to truly protecting
today's environment for a better tomorrow.
Republic Services is a publicly traded company that was incorporated in the State of
Delaware. Allied Waste Services of North America LLC will be the legal entity responsible
for signing the contract with Daniel Capener,General Manager, providing signatures on all
final negotiated documents.Allied Waste Services has received and reviewed the
iv
City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial ,Solid Waste Recyclable
Materials, and Organic Materials Services - July 12, 2010
Content printed on 100% recycled paper
~__________________________~O ..~_...-..
Request for Proposal information and requirements provided by the City of Fresno ,as well
as all enclosures and addenda :
Addenda #1 - Notice of non mandatory pre-proposal conference - July 15,2010
Addenda #2 -Changes in contact for questions/clarifications - July 22, 2010
Addenda #3 - Responses to questions submitted - July 28, 2010
Addenda #4 -Clarification on no contact - August 6 ,2010
Addenda #5 - Clarification to questions submitted #2 - August 6, 2010
Our company is excited about this opportunity to partner with the City of Fresno and serve
its multi-family residents and businesses .Our experience and qualifications in recycling
collection services, solid waste management, public education, customer service, safety,
and organics processing separate us from our competitors in meeting the long-term
collection, recycling and sustainability needs of the City.
Each public/private partnership is unique and programs and service levels must be
tailored to the different features in each community and neighborhood. Our approach is
comprehensive, meets the City's recycling and sustainability goals and results in a
significant financial and environmental benefit to the ratepayers of Fresno .
All decisions regarding services for the City of Fresno will be made by the local
management team. This philosophy is part of our decentralized management approach
empowering local managers to have the final say regarding the services we provide in
each one of our communities.
Thank you for your consideration. We welcome the opportunity to meet with you to
discuss our proposal further.
Sincerely ,
Daniel Capener
General Manager
Allied Waste Services of Fresno
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Table of Contents
Table of Contents
Title Page .i
Cover Letter iii
Table of Contents v
Executive Summary vii
1.0 Company Description 1
1.1 Business Structure 1
1.2 Description of Proposer's Experience 5
1.3 Description of Proposer's Service Implementation Experience 8
1.4 Information Regarding Litigation, Regulatory Actions, and Payment of Liquidated
Damages 13
1.5 Financial Information 15
1.5.1 Financial Statements 17
1.5.2 Financing Plan 19
1.6 Key Personnel.21
1.7 Description of Current Labor Agreements 31
2.0 Technical Proposal.33
2.1 Description of Solid Waste Collection Methodology 33
2.2 Description of Recyclable Materials Collection Methodology 63
2.3 Description of Organic Materials Methodology Regarding 67
2.3.1 Collection 67
2.3.2 Processing 68
2.3.3 Marketing ,68
2.4 Implementation Plan 71
2.5 Billing 79
2.6 Customer Service Plan 81
2.7 Environmental Considerations 98
2.8 Public Education and Outreach Plan 107
2.9 Subcontractors 121
3.0 Proposed Service Enhancements/Innovations 131
4.0 Rate and Cost Proposal 139
5.0 Exceptions to Agreement..141
6.0 Secretary 's Certification 143
7.0 Anti -Collusion Affidavit.145
8.0 Certification for Local Preference 147
9.0 Letter of Commitment for a Performance Bond 149
10.0 Proposal Signature Page 151
11.0 Addenda Signature Pages 153
12.0 Attachments 155
13.0 Additional Information 157
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'Executive Summary
Allied Waste Services'response to the City of Fresno 's Request For Proposals for Multi-
Family and Commercial Solid Waste,Recyclable Materials, and Organic Material Services
includes detailed and thorough research, analysis, and explanations of various strategies
and approaches.As waste material managers,our proposal offers the most innovative,
highest quality and cost-effective waste and recycling collection/processing services
approach to achieve the City of Fresno's long-term waste collection and recycling needs;
specifically ,the achievement of the diversion goals of 75% by 2012 and zero waste by
2025. The following is a brief summary of Allied's proposal.
Sustainability (Reduce, Reuse, Recycle, Renew,Responsibility)
Allied Waste Services strongly supports and advocates the five R's of Sustainability.
Reduce ,Reuse, Recycle, Renew and Responsibility is our business. These are not mere
components,it 's what we do .We understand that the sustainability of our environment
depends on how well we protect and preserve our natural resources and educate future
generations on environmental compliance.In fact, our sustainability program centers on
the theme of "Protecting Today's Environment for a Better Tomorrow."This message is
important to the quality of life and regional prosperity in the communities we serve.
Allied Waste will incorporate the following core values and principles into our business
practices, policies and programs to serve the residents and business in the City of Fresno:
•Effective regulatory compliance,pollution prevention ,continuous improvement
and transparency in environmental performance
•Active participation in local and regional sustainability partnerships and
strongly encouragement of sustainable practices in the waste industry and the
region
• Detailed,comprehensive and continual customer education/public outreach
that maximize the ability of our firm to divert materials from the waste stream
•Continued analysis and improvement in our operating costs and impacts of our
facilities ,operations and services to determine economic sustainability
•Establish a work environment that maximizes our employee assets and
stimulates an atmosphere of innovation,productivity,pride and personal
commitment to sustainability
•Exercise leadership in sustainability initiatives that strengthen the social well-
being and community relationships with the customers we serve
Qualifications
As a local business and taxpayer in the City of Fresno, Allied Waste Services of North
America,LLC, doing business as Allied Waste Services of Fresno, is a wholly owned
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entity of Republic Services, Inc.Allied Waste currently provides high-quality solid waste ,
recycling, transfer and disposal services to approximately 181,500 residential and
commercial customers in Fresno, Madera and Merced counties. Our firm was named
among America's 100 Most Trustworthy Companies in 2007 by Forbes magazine, the only
waste management company on that list.
Allied Waste Services, and its parent company Republic Services ,is America's second
largest non-hazardous solid waste services and recycling company. We provide waste
collection ,transfer ,recycling and disposal services to more than 12,000,000 residential
and 1,000,000 commercial customers through more than 3,000 municipal contracts
across the United States. Republic's nationwide team of 35,000 employees operates
within a highly efficient, integrated organization that generates approximately $9.819
billion in annual revenues. Republic Services is publicly traded on the New York Stock
Exchange.
Selecting Allied provides the best combination of a locally based company, staffed by
local management who are empowered to make decisions regarding the services
provided to the City of Fresno and our customers .Additionally, our employees live in the
community and understand the commun ity's needs. These assets coupled with the
financial strength and vast resources of a nationally recognized company provide the City
of Fresno with a strong foundation for performance of the required services.
With a proud legacy of serving the Fresno area for more than 35 years, Allied is
committed to delivering the most environmentally responsible, efficient and cost-effective
solid waste, recycling and organics services .Under the leadership of Daniel Capener,
Allied Waste Services of Fresno 's General Manger ,Michael Caprio, Central California
Area President and a highly experienced team of professionals, Allied Waste has proven
its ability to achieve outstanding customer satisfaction using innovative approaches and
sustainable technologies that benefit the communities we serve.
Core Collection Services -Base Proposal
In our base services proposal, collection of solid waste, recycling and organics will be
provided to all multi-family and commercial customers via a 3-bin system (Recyclables,
Green Waste and Residual Waste).Recyclables (paper, plastic, metals, glass and other
divertable materials), and residual solid waste will be collected weekly ,at a minimum, and
up to 7 times per week. Green waste and organic materials will be collected at least
weekly for those entities where they are generated and up to 7 times as needed. Multi-
family and commercial customers may subscribe to various service levels based on size
of complex/company and type and volume of waste and recycling streams. Allied will
purchase the existing City of Fresno LNG powered collection vehicles to service these
accounts. Commercial drop boxes and compactors will be serviced with 3-axle roll-off
vehicles. Each of these vehicles is operated by a single driver to ensure efficiency .
Allied will provide individual or centralized cart and bin collection service to City facilities
and buildings to provide, at a minimum,once-weekly collection of all public litter and
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recycling receptacles .Shared recycling bins for downtown locations will be available
upon request. As part of its community outreach program, Allied Waste will provide waste
and recycling services to several community venues and events. These programs will be
designed to maximize diversion .
We believe that our customer education and outreach programs will significantly enhance
the current amount of material that is being diverted (up to an additional 20% of solid
waste diverted). Allied has partnered with Cascadia Environmental Services to assist in
the customer education and public outreach component of the base and enhanced
collection service .
Enhanced Collection Services -Wet/Dry Collection
Allied has proposed an enhanced service package which focuses on identification and
segregation of wet/dry materials. This program will essentially run all materials through
either an organic or commercial recycling/sorting process and result in minimal
(approximately 20% overall residual). Customers will be initially sorted and routed by
business type and routing will be refined by detailed inspection of containers by drivers
and our community education team .Wet material will be directed to Kochergen Farms
composting site in Avenal and dry commercial material will be directed to the CARTS
Recycling facility in Fresno for processing .Wet material that has been pre-processed
may also be directed to the City of Fresno Waste Water Treatment Plant should the City
determine that they want to deposit the material into their digesters for energy production.
These programs have been implemented in many communities and have been very
successful. The key is to have extensive community outreach up front and continual
refinement of on-site segregation by use of multiple containers (wet and dry) or routing by
specific business types (ie. restaurants and grocery stores as wet routes).
Public Education &Customer Service
Allied takes a proactive, integrated approach to customer communications and education,
and will use a variety of methods to convey new service and recycling messages to reach
our various audiences. These include bill inserts, direct mail, residential deliveries,
posters, paid advertising, media relations, special events, co-marketing and community
sponsorships, email, automated phone calls, our website, extensive on-site education and
other methods as appropriate .Allied will work collaboratively with the City to develop and
implement an effective and targeted Public Education Plan.As noted above ,Cascadia
Consulting Group will be intimately involved in this process and has vast experience in the
implementation of similar programs.
Allied is dedicated to providing the highest quality of customer service on the street and
on the phone .Many tools, Route Editor routing and mapping technology, and a
sophisticated phone system are used to measure the quality of our service delivery.
Drivers are held accountable for misses and litter as customer service representatives are
held accountable for answering a specific number of calls per day and within a certain
time limit.
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Environmental Initiatives
Allied Waste is committed to cost-effective, responsible programs and initiatives to limit
the environmental impact of our operations and increase diversion from our landfills. The
Liquefied Natural Gas (LNG) powered trucks purchased from the City of Fresno will be
used by Allied to collect material from the businesses and multi-family units in Fresno .
Allied is constantly looking to increase efficiencies and reduce greenhouse gasses and
will look for additional ways to reduce our carbon footprint. Our Route Editor software
maps the current customer base for each area and determines the most efficient, lowest
mileage means of collecting material from a given service district.
Allied Waste also offers a recycling awards program for its multi-family and commercial
customers to promote, encourage and enhance recycling and diversion activities and
attitudes. This program rewards Excellence in Recycling to multi-family units and
commercial businesses for their actions to reduce, reuse and recycle in the community.
Participants are awarded gift cards from local business partners and local businesses
benefit from the revenues generated from rewards returning to the local economy. We
also intend to provide funding and scholarships to local schools in the names of
businesses who have demonstrated capabilit ies in this regard.
Transition Experience
Allied's expertise in collecting solid waste ,recyclables and organics within municipalities
has been perfected over more than three decades of fine-tuning various collection
methods ,vehicle maintenance, safety programs,customer service training and support
services. By listening to our customers 'needs and responding through the
implementation of efficient ,effective and user-friendly services, Allied continues to be an
industry leader in solid waste and recycling serv ices.
Allied has a vast pool of experience available to assist with operational plan development
and implementation.We are confident in our ability to perform, not only because of the
nation-wide expertise of the Company, but more specifically because of the experienced
team of professionals that will be available and responsible for servicing the City of
Fresno. A detailed transition plan is outlined in the body of the proposal. The existence
of containers and established service levels at each location will greatly ease the
transition phase of the project. Our MIS team has converted numerous databases into
our INFOPRO customer database with little or no data translation issues .
Of great importance to the City and their current employees is the fact that Allied is the
only operator whose employees are managed under a collective bargaining agreement.
The wages and benefits offered by our company will be commensurate with those
currently paid to City of Fresno employees .They represent the most comparable wage
and benefits package to the one currently enjoyed by City of Fresno refuse and recycling
workers.
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Throughout North America ,our company has proven its ability to provide superior solid
waste management services in diverse communities with varying needs .Through our
extensive network of equipment manufacturers and a large pool of skilled staff, Allied
Waste has stepped up to the plate to meet the needs of the communities we service .
Post-collection Processlnq
Allied has proposed the use of the Cedar Ave. Recycling and Transfer Station
(C.A.R.T.S.) facility as the transfer facility for the City of Fresno's solid waste and organic
materials and as the processing location for the City 's multi-family and commercial
recyclables and "dry" materials collected through our enhanced proposal. The Kochergen
Farms Composting, Inc. facilities are proposed for processing of the City's green and food
waste. Organic material will be transferred at the C.A.R.T.S. facility to other leak-proof
trucks operated by All Valley Environmental I Green Valley Recycling. The organics will
then be transported to Kochergen Farms in Avenal, CA for composting. Kochergen
Farms is permitted to accept food waste and has sufficient capacity to manage the City's
material.
These local partnerships, providing jobs and local revenue ,allow for the utilization of
these facilities by our company to provide an effective means of achieving the City of
Fresno's diversion goals. Our strong relationship with All Valley Environmental,
Kochergen Farms and C .A.R.T.S.provides a great value to the City .Through these
partners and our internally owned facilities, Allied has consistently provided the required
recycling services within all of our franchise agreements, regardless of the state of
commodity prices or outlets for sale of the materials. Many smaller companies cannot
make this claim or commitment to the local economy and customers .
Cost Proposal
Allied has offered competitive rates that are commensurate with existing charges being
incurred through the City Services (net of new fees) for the base proposal. Our enhanced
service offering is even more cost effective due to the avoidance of some disposal costs
associated with processing of the dry material. We have also offered a one-time
$1,000,000 dollar payment to the City for award of two or more collection quadrants. This
payment will be made upon commencement of services in January 2011 .
Summary
By choosing Allied Waste Services of Fresno as a business partner, the City of Fresno will
be making a choice that allows them to team with a local company with a management
team empowered to make decisions in the community. This will provide the City and our
customers with a proven industry leader and an organization that thinks progressively,
with sustainability in mind .Our familiarity and experience with the required type of
service ,contract structure and availability of our asset base to process the City's material
allows our firm to provide one-stop shopping for the City 's needs .Allied 's history of
working well with the local collective bargaining unit will enable us to make a smooth
transition with the workforce and build upon a solid relationship.
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Our company possesses the knowledge and expertise to implement the desired
programs ,provide innovative solutions to the City's short and long-term sustainability
goals and become a lasting partner for many years to come. These services will be
provided at a cost that is very competitive with existing rates and could also provide the
City with significant up front and ongoing revenue gener~tion opportunities
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1.0 Company Description
1.1 Business Structure.
Allied Waste Services of North America ,LLC ,doing business as Allied Waste Services of
Fresno, will be the entity that will execute a future commercial collection franchise
agreement with the City of Fresno. Allied
Waste Services of North America, LLC is a
subsidiary of Allied Waste Industries, Inc.,and
Republic Services. Allied Waste Services of
North America is duly authorized to do
business in California by the State of
California, Secretary of State, registration file
number 200502910245, and has operated
under this legal structure since November 3,
2004. Allied's Certificate of Status with the State of California dated June 8, 2010:
State of California
Secretary of Slate
CEItTlFlCATEOISlAna
ENTITY NAllE :ALLlEll WASTE S£RVlCES 01 NOIlTHAMERICAuc
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Incorporated in Delaware in 1989, during the next 19 years Allied Waste grew into the
country 's second largest non-hazardous, solid waste management company with reported
revenues of approximately $6.1 billion. Then, in December, 2008 ,Republic Services ,Inc.
and Allied Waste Industries, Inc.completed their merger to create one of the nation 's
leading waste and environmental services providers.
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Allied Waste Services of Fresno has been providing collection and other waste
management services to Central Valley customers for more than 35 years, first as BFI
(Browning-Ferris Industries) and then as Allied .Throughout this proposal, we will refer to
the proposing entity as Allied, because that is what our company is best known as in the
Central Valley .
Ownership
Republic Services, Inc.is a publicly traded company on the New York Stock Exchange
(NYSE symbol: RSG).
Ownership beyond ten percent
The following table shows certain information as of August 1, 2010 with respect to the
ownership of common stock by each shareholder who is known by Republic Services to
own more than 10% of our outstanding common stock:
Name of Owner Number of Shares Percent
Cascadelnvestment,LLC 56,754,169 14.9
No other individual or entity owns more than ten percent of the company.
Credit
Republic Services, Inc. has "investor grade" rating. No creditor is owed a debt greater
than 10 percent of the company's total assets .All capital required for provision of service
as part of this agreement will be funded through operating cash flows of the company and
will not be borrowed from another entity .Given the short transition timing this may be of
critical importance to the City in terms of beginning service by January 1, 2011.
In addition to Allied's experience specific to the requirements of this RFP, we have a vast
network of nation wide collection, recycling and post-collection operations that continually
provide best available practices through an internal communication network. This allows
the local operators to receive the benefit of hundreds of similar operations throughout the
country that service the needs of various communities.
Operating Strategy
Allied seeks to leverage existing assets in order to fulfill our mission and exceed our
customers' highest expectations. Our operating strategy to accomplish this goal is to:
• Utilize the extensive industry knowledge and experience of our executive
management
• Utilize a decentralized management structure in overseeing day-to-day operations
• Integrate waste operations
• Achieve high levels of customer satisfaction
• Utilize systems to improve consistency in operational performance
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Decentralized Management Structure
Allied Waste maintains a relatively small corporate headquarters staff, relying on a
decentralized management structure to minimize administrative overhead costs and to
manage our day-to-day operations more efficiently .Our local management team has
extensive industry experience in growing ,operating and managing solid waste companies
and has substantial experience in their local geographic markets .Each Area
management team includes a group of functional experts located within a given
geographic area .The Fresno operation is part of the Central and Northern California Area
based in Richmond, CA.
Our Area and Division management teams have extensive authority,responsibility and
autonomy for operations within their respective geographic markets. In addition, Allied
Waste has one of the lowest turnover levels in the industry for our local management
teams. As a result of retaining experienced managers with extensive knowledge and
involvement in their local communities,we are proactive in anticipating our customers'
needs ,adjusting to changes in our markets and building lasting relationships .
High Levels of Customer Satisfaction
Our goal of maintaining high levels of customer satisfaction complements our operating
strategy. Our personalized sales and customer service processes are oriented towards
maintaining relationships and ensuring that service is being properly provided.Customer
service will be performed by personnel at our Fresno operation .This is in sharp contrast
to several other potential bidders that have adopted a "call center "approach to customer
service .We believe that this approach creates a large disconnect between the customer
and the service provider and has not proven to be effective. Our team is local and the
customers will be able to interact with a team of professionals who are equipped with the
tools and decision making ability to best serve any of the four quadrants.
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1.2 Description of Proposer's Experience.
Allied Waste provides solid waste collection services to commercial ,industrial and
residential customers in 40 states through 400 collection companies .In our commercial
and industrial collection operations, we supply our customers with waste, recycling and
organics/food waste containers of varying sizes .The following tables provide information
related to Northern and Central California municipalities where Allied performs services
similar to those requested by the City of Fresno .
Local Experience
Allied has a significant and long-standing presence in Northern and Central California,
including Fresno, Madera, Merced, San Joaquin, Sacramento, Santa Clara, Monterey,
Alameda, Contra Cost ,and Solano Counties. Allied provides solid waste and recycling
services to many Central California area communities. The following table provides
examples of this experience :
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Allied Waste Services Municipal Contracts
County Contracting Municipality
Contra Costa &Solano Antioch
Benicia
Central Contra Costa County Solid Waste
Authority (includes Contra Costa County,
Danville,Lafayette, Moraga, Orinda &Walnut
Creek)
Clayton
Contra Costa County
Martinez
Mt. View Sanitary District
Pleasant Hill
Fresno City of Clovis
Co unty of Fresno
Madera City of Madera
Merced City of Los Banos
City of Atwater
City of Dos Palos
Sacramento City of Citrus Heights
City of Elk Grove
City of Rancho Cordo va
Santa Clara ,Alameda &City of Milpitas
Monterey City of Salinas
City of Fremont
C ity of Union City
San Joaquin County City of Stockton
City of Lathrop
San J oaquin County
References for Service Experience in California Jurisdictions of Similar Size and
Demographics to the Quadrants of the City of Fresno
Allied has a long history of experience with the collection and processing of commercial
and residential solid waste, recycling and organics. The table below provides specific
information per jurisdiction, including the name of the jurisdiction, contact information,
numbers of customers &type of customer ,tonnages and commencement date of the
contract for several of the municipalities in the Fresno Area. The chart located in Section
1.3 below provides some additional references in the Northern and Central California
area.
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1.City of •Commercial and multifamily 435 Commercial Daniel Capener Greg Wellman
Atwater solid waste customers General City Manager·Residential automated 20,510 tons Manager 750 Bellevue
Commenced:curbside solid waste, green collected yr.
5501 N. Golden Road
1/1/2003 waste collection 3,395 tons green State Blvd.Atwater, CA·City wide cleanup events waste diverted yr. Fresno, CA 95301
•Residential curbside and 7121 single family 93722 209-357-6300
multifamily Christmas tree customers 559275-1551
collection/recycling 6 vehicles
dis atched dail
2. City of •Commercial and multifamily 376 Commercial Daniel Capener Mark Fachin
Los solid waste, recycling customers General Public Works
Banos ·Residential automated 24,813 tons Manager Director
curbside sold waste, green collected yr.
5501 N. Golden 441 Madison
Commenced :waste, recycling collection 4,195 tons diverted State Blvd.Ave.
Late 1970's ·Curbside oil and oil filter yr. (curbside Fresno, CA Los Banos, CA
collection recycling started
93722 93635
•Curbside and business E-10-1-07)559275-1551 209-827-7056
waste recycling 9,745 single family·Residential curbside customers
Christmas tree 9 vehicles
collection/recycling dispatched daily
•Bulky item and illegal
dumping cleanup·On call cleanups·Roll-off Service
3. City of ·Commercial and multifamily 780 Commercial Daniel Capener David Tooley
Madera solid waste, recycling customers General City Mana~er
Commenced collection 39,352 tons Manager 405 W. 4
1/1/1980 ·City wide cleanup events collected yr.5501 N. Golden Street·Roll-off Service Residential 10,509 tons State Blvd. Madera, CA
automated curbside solid diverted yr.Fresno, CA 93637
waste, green waste, recycling (curbside recycling 93722 559-661-5400
collection started 10-1-07)
559275-1551
•Residential curbside and 9,800 single family
multifamily Christmas tree customers
collection/recycling 10 vehicles
dis atched dail
4. City of •Commercial and multifamily 133 Commercial Daniel Capener Luke Serpa
Clovis recycling collection customers General Solid Waste
•Residential automated 24,385 tons Manager Manager
Commenced curbside green waste,diverted yr.5501 N. Golden 155 N.Sunn yside
8/1/2005 recycling collection 25,562 single State Blvd.Ave.·Oil and oil filter collection family customers Fresno, CA Clovis, CA·Residential curbside and 4 vehicles 93722 93611
multifamily Christmas tree dispatched daily 559275-1551 559-324-2600
collection/rec clin
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Commenced
3/1/2009
•Commercial and multifamily
solid waste
• City wide drop off cleanup
events
Residential automated
curbside solid waste and
green waste collection
• Residential curbside and
multifamily Christmas tree
co llection/rec c1in
114 commercial &
multifamily
customers
3,638 tons
collected yr.
1535 single family
customers
1 vehicle
dispatched daily
Daniel Capener
General
Manager
5501 N. Golden
State Blvd.
Fresno, CA
93722
559275-1551
Darrell Fonseca
City Manager
1546 Golden
State Ave.
Dos Palos, CA
93620
(209)392-2174
1.3.Description of Proposer's Service Implementation Experience.
Allied Waste Services has taken on the complex task of initiating or providing expanded
services to numerous communities in Central California. Our personnel understand the
need for attention to detail and the organizational skills necessary to successfully
complete these types of projects. Ultimately,implementing new services in a community
not only depends on the ability of the service provider to prepare properly in advance but
to also execute the plan in a manner that causes little or no impact to the customer.
Examples of Allied Waste's experience with service initiation in several communities are
provided below.
Salinas
In 2000, Allied Waste followed an extensive plan to assume the service contract within the
City of Salinas for over 25,000 homes and 70,000 residential and 3500 commercial
containers. Relying on an implementation team made up of seasoned professionals,
Allied Waste was able to transition from the former service provider flawlessly. The
success of the transition hinged upon detailed planning and the placement of extensive
resources on the project. The new service included converting manual collection for
refuse and recyclables to fully automated refuse, green waste and single stream
recyclables. Waste Management had previously been the service provider. Over the past
10 years, the relationship between Allied and Salinas has grown stronger. Negotiated in
the most recent contract extension, Allied has begun providing graffiti abatement services,
street sweeping and exclusive commercial recycling services, alleviating the City from
having to budget for and perform those services.
Contra Costa County
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Allied 's Contra Costa County operation has performed eight service transitions and new
program implementations since 1999 ranging from transition from manual to single stream
collection of recyclables in the cities of Clayton, Benicia ,Antioch ,Martinez ,Pleasant Hill
and Unincorporated Contra Costa County and implementation of fully automated green
waste collection programs in the cities of Antioch, Benicia, Clayton, Martinez,
Unincorporated Contra Costa County and Pleasant Hill and transition to fully automated
refuse and green waste collection programs in the Cities of Martinez and Mountain View
(fall 2009).All of these programs involved development of extensive transition plans and
community education programs as well as interaction with the City staff in order to
incorporate their preferences for cart sizes and program education.
Key staff members involved in these service rollouts will be intimately involved in the
transition of services within the City of Fresno. In all ,the service transitions or new
program implementation involved nearly 70 ,000 residential and commercial customers in
various cities with diverse layouts and service criteria (i.e .terrain, alleys, street width,
parking restrictions and special service requirements such as multifamily and senior
citizen requirements). Allied Waste is currently partnering with the Central Contra Costa
Solid Waste Authority on creating a commercial food waste program. A pilot program of
approximately 40 customers is being evaluated and a permanent program for over 500
commercial customers will be in place by the end of this year. This material is being pre-
processed at our Newby Island Composting facility in San Jose and delivered to the East
Bay Municipal Utility District in Oakland for processing in their digesters to create power.
Fresno
Allied's Fresno operation recently (2003) began green waste collection services in the
cities of Los Banos and Atwater and beginning March 3, 2008 ,Allied Waste implemented
a curbside recycling plan in Los Banos. As the current service provider, Allied Waste
provided extensive community education and preparation and implemented a fully
automated green waste collection service to nearly 16,000 homes with only a three-month
lead-time. Allied Waste's relationships with container and vehicle vendors proved to be
critical in this municipality ,as vehicles and containers were ordered and shipped within a
two-month period leaving ample time for deployment.
During early 2004 in Fresno County, Allied completed the conversion of over 500
commercial and 10,000 residential customers to a fully automated three cart system from
what was formerly subscription and open service. Portions of the County were allocated
to various haulers performing service in the area and the antiquated one-cart MSW and
tub recycling system was converted over to a fully automated three-can system using a
variable rate structure. The project required detailed coordination with other haulers in the
transfer of customer lists and extensive customer education in order to ensure proper cart
sizes were delivered and that all customers received service during the transition.
Fremont
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Allied's Fremont operation recently implemented a state of the art single stream and green
waste co-collection operation in the summer of 2003. The program involved the
conversion of the existing source separated program for recyclables and green waste to
split body fully automated collection vehicles using various cart sizes for both green waste
and recyclables .Over 48 ,000 residents received new green waste and single stream
recycle carts with the split body collection vehicles replacing the much larger
compartmentalized vehicles. The end result has been the placement of fewer vehicles on
the road in conjunction with one-pass automated technology. This approach was
augmented by selecting certain areas of the city that did not lend themselves to this type
of collection by use of rear loaders in hard to service areas.
As part of this service enhancement, Allied Waste also incorporated food waste collection
into the existing residential and commercial organics collection program .Public education
was a critical aspect of this project as residents and business needed to understand what
was suitable for placement into the containers so that the processing of the yard and food
waste mix would not be impacted .Allied is also leading the implementation of a
community rewards program that will minimize the amount of contamination and increase
the amount of recyclables placed in recycle carts and bins.
By October 1st of this year, Allied will have implemented a city wide wet/dry commercial
collection program .This program will be implemented through segregation of various
customer types and refining of the routing through on-site material inspection and load
characterization upon delivery to the City contracted transfer and processing facility .
Sacramento County
Allied Waste completed the initiation of service in three cities within Sacramento County
including Elk Grove, Citrus Heights and Rancho Cordova. In total, over 80,000 customers
were transitioned from their existing service providers beginning in 2004 with the City of
Elk Grove. The service transition required that fully automated collection be provided for
refuse, yard waste and single stream recycling with new containers being provided to
every customer. The transition required extensive coordination with existing service
providers and management of route day adjustments to accommodate efficiencies gained
through automating some of the new services (Le.single stream recycling).
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Service Initiation Experience References
Commencement
Municipality Service Prov ided Date Customers Mun icipality
Name Term of
Served Contact
Agreement
1.City of •Commercial and multifamily Commencement 435 Greg Wellman
Atwater solid waste 1/1/2003 Commercial City Manager
•City wide cleanup events 10-year term customers 750 Bellevue Road
•Residential automated 7121 single Atwater,CA 95301
curbside solid waste, green
family (209)357-6300
waste collection customers
•Residential curbside and
multifamily Christmas tree
collection/recycling
2.City of •Implemented fully-Commencement 1000 Jim Jakel
Antioch automated residential and September 1,businesses City Manager
commercial recycling and
2005 25,000 single P.O. Box 5007
organics programs 10 year term family homes Antioch, CA 94531
(925)779-6131
3.County of •Commercial and multifamily Commencement 376 Sally Lopez
Fresno solid waste, recycling 2/27/2006 Commercial Integrated Waste
•Residential automated 12-year term customers Manager
curbside sold waste, green
10,775 single 2220 Tulare Street.
waste,recycling collection family Fresno, CA 93721
•Bulky item and illegal
customers (559)262-4259
dumping cleanup
•On call cleanups Curbside
oil and oil filter collection
•Christmas tree
collectionzrecvclino
4.City of •Commercial and multifamily Commencement 780 Annette Kwock
Madera solid waste, recycling 1/1/2000 Commercial Integrated Waste
collection 1O-yearterm customers Manager
•Roll-off Service 9,800 single 405 W.4tfi Street
•City wide cleanup events family Madera, CA 93637
•Residential automated customers (559)661-5406
curbside solid waste, green
waste, recycling collection
•Residential curbside and
multifamily Christmas tree
collection/recvchnu
5. City of •Implemented fully-Commencement 500 Jim Erikson
Benicia automated solid waste,October 1, 2001 businesses City Manager
recycle and green waste
11years term 10,000 single 250 E. "L" St.
programs family homes Benicia CA 94510
(707)746-4210
6. City of •Implemented fully-Commencement 250 Gary Napper
Clayton automated recycle and July 2,2002 businesses City Manager
green waste programs 10 year term 4300 Single 6000 Heritage Trail
Family Homes Clayton CA 94517
(925)673-7313
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Commencement
Municipality Service Provided Date Customers Municipality
Name Term of Served Contact
Agreement
7.City of •Commercial and multifamily Commencement 133 Luke Ser pa
Clovis recycling collection 8/1/2005 Commercial Solid Waste
•Residential automated 1O-year term customers Manager
curbside green waste,25,562 single 155 N.Sunnyside Ave.
recycling collection family Clovis,CA 93611
•Oil and oil filter collection customers 559-324-2600
•Residential curbside and
multifamily Christmas tree
collection/recyclinq
8. City of •Commercial and multifamily Commencement 114 Darrell Fonseca
Dos Palos solid waste 3/1/2009 commercial &City Manager
•City wide drop off cleanup 1O-year term multifamily 1546 Golden State
events customers Ave.
•Residential automated 1535 single Dos Palos,CA
curbside solid waste family 93620
collection customers (209)392-2174
•Residential curbside and
multifamily Christmas tree
coll ection/recvclina
9 .City of •Implemented fully-January 5,2005 4 00 Phil Vince
Martinez automated solid waste,8 year term Years b usi nesses City Manager
recycle and green waste 9000 residents 525 Henrietta St.
programs Martinez,Ca 94553
(925)672-3505
10 .M ountain •Implemented fully-June 1,2009 150 David Contreras
View automated refuse and 12 year tern businesses General Manager
Sa nitary green waste system 1600 si ngle 3800 Arthur Rd.
Dis trict family homes Pacheco,Ca 94553
(925)228 -5635
11.Cityof •Commercial and multifamily Commencement 2,500 Denise Estrada
Salinas solid waste,recycling 7/1/2001 Commercial Director,
collection,graffiti 10 year term customers Maintenance
abatement,street sweeping Extended Term to 24,000 single Services
•Roll-off Service 6/20/2015 City of Salinas
•City wide cleanup events
family 426 Work Street,customers•Residential automated Salinas,CA 93901
curbside solid waste,green 831-758-7152
waste,recycling collection
•Residential curbside &
multi-family Christmas tree
collection/recycling
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1.4.Information Regarding Pending Litigation,Regulatory Actions,and Payment of
Liquidated Damages.
Allied Waste is involved in routine judicial and administrative proceedings that arise in the
ordinary course of business and that relate to, among other things, personal injury or
property damage claims,employment matters and commercial and contractual disputes.
We are subject to federal, state and local environmental laws and regulations. Due to the
nature of our business, we are also. often routinely a party to judicial or administrative
proceedings involving governmental authorities and other interested parties related to
environmental regulations or liabilities. From time to time, we may also be subject to
actions brought by citizens' groups, adjacent landowners or others in connection with the
permitting and licensing of our landfills or transfer stations, or alleging personal injury,
environmental damage, or violations of the permits and licenses pursuant to which we
operate. Additional detailed information can be provided upon request from the City.
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1.5. Financial Information
Financial Capabilities
Republic Services is America's second largest non-hazardous solid waste services
company and has the most experienced management team in the industry .
Headquartered in Phoenix, AZ,Republic Services provides waste collection, transfer,
recycling and disposal services to millions of residential ,commercial and industrial
customers.Republic's team of more than 35,000 dedicated employees is committed to
delivering service that exceeds the customers'highest expectations .
Summary Financial Data
(in $millions)
2009 2008 2007 2006 2005
Net Revenue $8 ,199.1 $3,685 .1 $3,176.2 $3,070 .6 $2,863.9
Operating $1,589.8 $283.2 $536.0 $519.5 $477.2
income
Net income $495.0 $73.8 $290.2
$279.6 $253 .7
Total assets $19,540.3 $19,912.4 $4,467 .8 $4,429.4 $4,550 .5
Stockholder's $19,921.4 $7,281.4 $1,303.8 $1,422.1 $1,605.8
equity
The financial prospects for Republic Services indicate long-term stability based on the
Company 's assets.Republic Services has 242 transfer stations, 213 landfills, 78
recycling facilities and 400 collection operations in 40 states and Puerto Rico. The
Company has the financial capabilities and sufficient working capital or access to
sufficient working capital to finance and perform the required work .
Credit Information
Available Credit Lines
Total All Banks (as of 2-15-09): $ 2 .75 billion
Bank References All inquires for bank references must be made by fax .
Bank of America J P Morgan Chase
Confirmation Department Confirmation Department
Reference :Republic Services Inc .Reference: AWIN Management
Tax 10:65-0716904 Tax 10:76-0353318
Fax :803-765-4882 Fax:225-332-4342
Credit References
Heil Environmental Industries Ltd.Marathon Equipment Co.
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5751 Cornelison Rd
Chattanooga,TN 37411
Contact:Mr.Scottie Fieri
Telephone:423-648-5255
Fax:423-855-3469
Michelin North America,Inc.
P.O. Box 19001
Greenville,SC 29602
Contact:Mr. Tom Davitt
Telephone:913-645-3778
Fax:864-458-5119
FleetPride
P.O. Box 9156
Corpus Christi, TX 78469
Contact:Mr.Steven Stockseth
(Please fax requests)
Telephone:866-221-2484 ext. 126
Fax:361-883-3323
P.O. Box 1798/Highway 9 South
Vernon,AL 35592
Contact:Mr.Gordon Shaw
Telephone:205-695-9105 ext.1110
Fax:205-695-8718
Mack Truck Sales and Service
(Nextran Truck Center)
Contact:Mr. John Lajza
Telephone:386-774-5198
Fax:386-774-5198
Wastequip
25800 Science Park Drive
Suite 140
Beachwood,OH 44122
Contact:Ms. Paige Farinacci
(Please e-mail requests)
Telephone:216-292-2554
E-mail:paige@wastequip.com
Public Debt Rating
Rating Agency Rating
Moody's Baa3
Standard &Poor's BBB
Republic Services,Inc.carries an "investment grade"credit rating. On June 23, 2008,
Moody's Investment Services stated "The Company's stated commitment to improve cash
flow and to reduce debt supports an expectation of improving credit metrics."On June 26,
2008,Standard and Poor's stated "We believe Republic would adhere to its long standing
investment-grade financial policies,prioritizing debt reduction so as to improve the
financial profile of the combined entity."
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1.5.1.Financial Statements
The Company's 2007,2008,and 2009 Annual Report to Shareholders are provided at the
end of this section as three year's financial history: The Annual Reports to Shareholders
have been prepared in accordance with Securities and Exchange Commission
requirements, with New York Stock Exchange Commission requirements, and in
accordance with generally accepted accounting principles
The financial statements contained in the Annual Reports were audited by Ernst &Young
LLP (Independent Certified Public Accountants) - Phoenix, Arizona. Republic Services,
Inc. is a publicly owned company whose shares are traded on the New York Stock
Exchange (NYSE symbol: RSG).
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CFO Statement
~REPU8 L IC~SERVICES,INC.
July20,201()
To WhomItMayConcern:
TodHolmes
Executive Vice President
ChiefFinancial Officer
There has been nomaterialadverse change in financial positionorresultsof operationsas
reflected inthe submitted balance sheet andincomestatementssince the dateon whichthey
were prepared;thatdatebeing December31,2009 .
R~~C
Tod Holmes ~
ExecutiveVice President/Chief Financial Officer
Republic Services
RepulHic SenMtS,Inc.'18JOO North At/led Way'PItotnu,AZ •Tel:48()'~27.2700'Fax :480-62 7·]701
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1.5.2. Financing Plan
Capital funding for the purchase of collection vehicles, equipment and containers will be
obtained from existing operating cash flows from ongoing operations. Upon execution of
an agreement, Allied Waste will be prepared to purchase the equipment, containers and
materials required to service the City of Fresno and will document other equipment orders
to the City upon request.
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1.6. Key Personnel
The local Allied team responsible for implementation and day-to-day management of City
of Fresno's collection and customer services has extensive experience and expertise in
the management of residential and commercial solid waste and recycling programs. The
team's collective experience will cover daily interaction with Fresno officials and staff, as
well as hands-on responsibilities to effectively service a wide variety of needs and
objectives. Over the years, this local team of professionals has demonstrated exceptional
commitment and responsiveness to solving prior customer service issues, developing
effective public education materials,implementing new and environmentally responsible
programs, and working in partnership with the communities they serve to improve
reporting metrics and consistency. As a result, we have perfected the various day to day
activities required to successfully service municipalities such as the City of Fresno in
areas such as customer service, routing, billing, community relations, diversion rates,
managing within a collective bargaining agreement environment and compliance with all
applicable regulatory criteria.
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16;;1 'o::J
Organizational Chart
JeflAndrews
WeslReglon
Senior President
Repub lic Services
I
MichaelCaprio
Central and Northern CA
Area President
Republic Services
I
DanielCapener
General Manager
AlliedWasteServices
Of Fresno
MichaelAldrich
Centraland Northern CA
AreaController
RepublicServices
Chuck page
Central and NorthernCA
Area Municipal BusMgr,
RepublicServices
Robin Emerson
Operations Manager
AlliedWasteServices I--
Of Fresno ;
SharonWan
Division Conlroller
AII i~d WasteServices
Of Ffesno
John Washington
Maintenance Manager
AlliedWaste Services
Of Fresno <".
Carolyn Dickson~Municipal/Public Education
I--Allied Waste Services
Of Fresno
ReneeFloresDe Van'
CustomerServiceManager I--
Allied WasteServices
OfFresno
Local Management Team for City of Fresno Project
DANIEL CAPENER
General Manager
Allied Waste Services of Fresno
Dan is responsible for all collection and post-collection
operations in Fresno and has been with Allied since late
2009.He comes from a 30 year professional background
which included a diverse background in marketing and
operations management that has required him to provide
hands-on customer service to customers very similar to
commercial customers within the City of Fresno.
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Dan has over 14 years of experience as a General Manager in the service industry and
held responsibility for human resources, productivity, maintenance, sales, accounting,
customer service and public relations.
References:
Ron Prestridge
Program Manager,Public Works
City of Madera
(559)662-4976
ROBIN EMERSON
Operations Manager
Allied Waste Services of Fresno
Eric Zetz
Solid Waste Manager
City of Clovis
(559)324-2612
Rob Emerson has over 15 years of experience as an
Operations Manager in addition to 21 years of experience
in the solid waste industry with Allied Waste/SFI in the
Central Valley specifically at our Fresno operation. Rob's
experience has enabled him to set measurable goals to
manage productivity, labor costs, disposal minimization,
diversion and safety. His career has centered on
providing customers with a cost effective, high quality
service and resolving customer issues in a professional
and timely manner. Rob has successfully implemented several service transitions with
minimal customer disruption. He will oversee the roll out of new services in the City of
Fresno and his long standing employment with Allied in Fresno has made him intimately
familiar with the service requirements of the City.
References:
Greg Pimentel
Operations Manager
Public Works Department
City of Los Banos,CA
(209)827-7044 Phone
Sally Lopez
Principal Staff Analyst
Department of Pubic Works &Planning
County of Fresno
(559)262-4259
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SHARON WAN
Division Controller
Allied Waste Services of Fresno
Sharon Wan has been with Allied Waste since 1985.
Sharon Wan has 25 years of experience in the solid
waste industry with Allied/BFI in the Central Valley. She
has served as Division Controller for the last 6 years.
Sharon is responsible for all financial reporting,
establishing and monitoring internal accounting and
billing procedures, compliance with corporate policies,
and participating as a team member of management in
all financial areas of the division .
Sharon ensures that the division is in compliance with FASB, IRS, SEC and company
accounting practices and codes - accomplished by monthly testing and reviews of internal
controls via Sarbanes Oxley and financial assurance via monthly balance sheet reviews
and monthly and quarterly financial analysis of Income Statement. Additional
responsibilities include management of capital expenditures, budget process, preferred
vendor compliance ,commission's audit and pro-forma analysis.
Prior to her division role, Sharon was an Assistant Division Controller (ADC) for Allied
Waste Services of Fresno. She assisted multiple Division Controllers in optimizing the
use of company assets, pricing and market guidance ,developing market plans ,and sales
growth. Duties include managing the business units and divisions in meeting established
financial goals and optimizing operational efficiencies and effectiveness.
Sharon is a highly-organized, take charge leader with solid experience in internal/external
reporting ,working capital management, cost accounting, budget forecasting, cash
management and complex project management. His excellent communication, problem-
solving ,and decision-making skills help him to develop and implement effective action
plans. Exceptional team-building skills ensure successful interactions with professionals
and non-professionals at all levels .
Sharon has a B.S .Accounting ,California State University of Fresno and a MBA Business,
California State University of Fresno .
RENEE FLORES DE VAN
Customer Service Manger
Allied Waste Services of Fresno
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Renee began her career with Allied over 17 years ago as
a Residential Customer Service Representative. Renee
has performed other key roles in the business, Such as
Commercial Customer Service, Inside Sales and Billing.
She currently serves in the function of our Customer
Service Manager.Responsibilities include managing our
local Call Center. Renee oversees the day to day
operations of our Customer Service Department. A key
part of this responsibility is the continuing education of
Customer Service Representatives, monitoring call statistics to ensure that customers are
being served in a timely manner and ensuring that we are meeting the needs of customer
requests according to their expectations. Renee works closely and assists in supervising
over our Billing and Collection employees, bringing a customer service focus to the clerks
in that department.
John Washington
Maintenance Manager
Allied Waste Services of Fresno
The Maintenance Manager reports directly to the General Manager
and the Regional Maintenance Manager as well as works closely with
the Operations Manager. The Maintenance Manager is responsible
for fleet readiness and maintenance for all of the equipment utilized by
the company as well as the facility. Additionally the Maintenance
Manager is responsible for local, state and federal safety, compliance
and environmental issues related to the workplace.
John has 20 years experience in heavy equipment repair, 10 as a
Mechanic and 10 as a Manager. Additionally he has worked as an Environmental
Engineer, OSHA Safety and Mishap Investigator and a Heavy Equipment Fleet
Maintenance Manager for 12 years in the US Marine Corps. John will coordinate with
operations to assess the needs of the fleet and arrange the required logistics to ensure
the fleet is safe, operational and capable of meeting the needs of the customer.
CHUCK PAGE
Central and Northern California
Senior Area Municipal Services Manager
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Republic Services
Chuck has a diverse background in the fields of technology,
government and the environment. After graduating with Bachelors
of Science degrees in Mathematics and Business Administration,
Chuck spent over 30 years in the field of high technology, working
for industry leaders IBM and Microsoft in programming and Sales
Management. He also led several smaller technology sales
organizations by developing professional service organizations to
enable the businesses to grow independent of the narrowing profit
margins of the computer hardware products.
In 2006, Chuck was elected to the City Council in Saratoga, CA and was mayor in 2009.
He led his city in implementing the first civic solar project and has served as a Director of
the West Valley Solid Waste JPA Board. He currently serves as a Director on the Boards
of the Valley Transportation Authority (public transportation) and the West Valley
Sanitation District. He is also a member of the statewide Environmental Policy Committee
of the League of California Cities, and works diligently to ensure that sound environmental
practices are part of our daily routine.
Several years ago, Chuck joined RecycleBank, a "Rewards for Recycling" company as the
Northwest US Regional Sales Manager. RecycleBank is a strategic partner of Allied's and
he worked with several Allied and Republic Services divisions in his tenure there. Chuck
joined Allied Waste and focuses on government relations and business development for
Northern and Central California.
CAROLYN DICKSON
Municipal Marketing and Public Education Specialist
Allied Waste Services of Fresno
Carolyn Dickson has been in the solid waste business for 19 years and with Allied Waste
for the past 12 years. She transferred from Waste Management of Pottstown, PA where
she was Customer Service Supervisor. She was also the Sales Coordinator for the
Region and editor of the company's employee newspaper. Carolyn will be responsibly for
are public outreach and education, contract timelines, milestones and reporting. She was
the recycling coordinator for BFI to the City of Fresno until 2000. Carolyn will be the City
of Fresno's primary contact for the implementation plan and all public education
requirements. With over 12 years of experience in managing successful recycling
programs, she will bring extensive knowledge of new service transitions and education.
Prior to the waste industry, Carolyn was a public relations manager for Sperry
Univac/Unisys Corporation where she interacted with Fortune 500 companies,
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international journalist and was contributing editor for employee newspaper and editor of
daily electronic news to approximately 27,000 employees.She earned her AA from
Montgomery County Community College (Blue Bell, PA) and certificates from the Ragan
Writing workshop (Washington DC), and a two-week writing workshop at NYU. She is
continuing to work on her BA in communications.She will be dedicated full time to the
rollout and public education of the commercial customers for the City of Fresno.
Executive Management
JEFF ANDREWS
West Region -Senior Vice President
Republic Services
Jeff Andrews began his career in the waste business working as
summer help while going to college.After completing college, he
was hired as an operations manager for a ten-truck hauling
company. Over the next 25 years,Jeff was promoted to General
Manager, and later President of several hauling and recycling
companies in Oregon. The companies were all wholly owned
subsidiaries of Waste Control Systems, a private waste company
that owned and operated hauling, recycling,transfer and disposal
companies.Jeff was made a partner in Waste Control in 1985,
and helped to build revenues to $75 million.
Waste Control was purchased by Allied Waste in January 2000 and Jeff was named
District Manager for the newly formed Oregon District. He was promoted to Northwest
Regional Vice President in 2002.Jeff served as West Area Vice President from for 2003
and 2004, and has been Regional Vice President for the West Region since 2005.
Jeff received a Bachelor of Arts in Business Administration from Oregon State University
in 1976.
MICHAEL CAPRIO
Central and Northern California Area President
Republic Services
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Mike Caprio began his career as a geologist and systems
programmer for a major environmental consulting firm and holds
degrees in Geological Sciences (B.S.) and Environmental
Management ·(M.S.). He has held positions of increasing
responsibility in the solid waste industry for over sixteen years,
beginning with extensive experience as Regional Environmental
Manager for five years with Norcal Waste Systems, Inc. Mike was
employed with Browning-Ferris Industries (BFI) for five and one half
years as Operations Manager and Facility Manager at the Vasco
Road Landfill and as District Manager for BFl's Northern California
Landfills. His most recent position with BFI involved management of municipal contracts
and market development activities in the Bay Area. He joined Allied Waste Industries as
their Northern California District Manager in October of 1998.
Mike has successfully taken on duties in every major area of responsibility in the solid
waste business. He has worked on projects ranging from landfill,transfer station and
household hazardous waste facility permitting &compliance, contract development and
management, construction management and heavy equipment maintenance as well as
management of legal and labor relations. He has extensive experience in motivating and
coordinating a team of professionals and having full financial and operating responsibility
for a group of operating subsidiaries. This experience has qualified him for a senior
leadership role with Allied Waste from which he continuously seeks to meet and exceed
customer expectations.
With Allied, Mike has managed an increasingly large number of operating subsidiaries and
successfully managed growth related to expansion of services with municipalities,
acquisitions and the roll-out of new service packages in franchised markets. This success
has been largely based upon his ability to define the goals necessary to complete a task
and assembling a team of individuals that will carry out the requirements of the program.
Through his experience with BFI and Allied Waste Industries, Mike has become very
familiar with the issues facing jurisdictions such as the City of Fresno and the need to
identify a company able to provide reliable and cost effective collection and processing
services.
MICHAEL ALDRICH
Central and Northern California Area Controller
Republic Services
Michael Aldrich has over 25 years experience in Finance and Accounting. He also has six
years of MIS management experience. Michael is currently the District Controller for
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Allied Waste Industries' Central California District. While he has only been in the waste
industry since joining Allied Waste in June 2005, he has quickly learned the industry and
has been part of several committees including redesigning the budget system for the
entire company.
Michael is a tireless worker and his quick grasp of the industry as well as his previous
experience has allowed him to lead the Accounting team for one of the largest Districts at
Allied Waste. He works closely with Michael Caprio, the District Manager, in a business
partnership to facilitate running the District.
Michael graduated with his Bachelor of Business Administration - Accounting from the
University of Houston. While attending college, he worked for Six Flags and continued to
work in the theme park industry for the next twenty years. While at Six Flags he was
received several promotions and leadership awards and rose to the Director of Finance.
He was a key part of the new management team that turned around the parks in Denver
and in Vallejo.
Prior to joining Allied Waste, he worked as the Controller for RMC Pacific Materials, until
their purchase by CEMEX. Michael is an accomplished Director of Finance/Controller,
skilled at establishing and coordinating financial operations. He is proficient in using
technology to enhance data and information management and has twenty-three years of
extensive experience in financial management, accounting, revenue collection, financial
planning/analysis, and controls including Sarbanes-Oxley compliance. Michael has
accomplished six years of successful LAN/computer installation and IT management, and
has extensive experience in evaluating systems and processes to develop efficiencies
and cost reduction. Michael has over twenty-three years of direct management, training
and mentoring of staff at various levels of responsibility
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1.7.Description of Current Labor Agreements
Allied will give first priority to hiring existing drivers and other personnel that are working
for the City of Fresno waste and recycling collection operation. We are committed to
positive labor relations and will continue to work in an open,transparent and mutually
beneficial manner with Teamsters Local 431, which represents our drivers and
mechanics. Allied will continue to partner with the Teamsters during the term of the
Collection Agreement and will always negotiate in good faith.
Allied's drivers receive a 95% company funded health plan. Allied also contributes $494
per month, per employee, to employee pension benefits. We believe that this is the most
generous health and pension benefit of any hauler in the Central Valley. We will continue
to offer our employees excellent wages and benefits to minimize any concerns relating to
service disruptions. Allied reviews and compares its wage rates for non-represented
employees against wage studies done in the Central Valley area and adjustments are
made in our wage structure if it is determined that our wages are not competitive. All of
our employees receive a Health and Welfare Benefit Package.
We believe that the compensation package that will be offered to the existing City of
Fresno employees is the most comparable to their existing pay and benefits package. We
have offered this package while still keeping costs at a level that are commensurate with
existing rates paid by the customers to the City. The City should carefully consider this
fact when selecting a contractor. Other non union providers may not offer any where near
the benefits offered by Allied which could lead to a significant defection of existing drivers.
This in turn could cause a great deal of disruption in the transition and affect the quality of
service for an extended period into the future .
The current wage and benefit agreement with the Union is provided in Section 12 of the
proposal. The document outlines the current and anticipated wage and benefits package
that will be offered to City of Fresno employees.
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial,Solid Waste Recyclable
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2.0 Technical Proposal
Allied Waste Services is pleased to provide the following technical proposal to the City of
Fresno. A]lied realizes that even with the tremendous amount of detail presented in this
proposal, there will be the potential for situations where the ex isting or expected
processes or procedures may not be the most appropriate when the time comes to apply
them to the work at hand. With that understanding, Allied wants to reassure the City of
Fresno that all efforts will be made to make adjustments where needed to satisfy the
needs of the City. Additionally, our new customers will receive the best service possible
to meet their needs and exceed their expectations.
2.1 Solid Waste Collection.
The following section details Allied's plans to perform collection of multi-family services,
commercial services ,roll-off box services ,compactor services and service to City of
Fresno facilities. Allied Waste brings extensive local expertise and knowledge to meeting
the objectives of the City of Fresno having served the collection needs of the Fresno area
for more than 35 years .Our long-standing experience and understanding of various
jurisdictional requirements will be of great value in implementing commercial materials
collection for Fresno.
Allied 's locally-based management and operations team has proven its commitment to
delivering the most efficient use of equipment and labor ,with an emphasis on cost-saving
measures, safety and sustainable practices. The local Allied Waste team plans to
continue to build upon its extensive operational and customer service experience,
including extending the public education program to foster greater residential and
commercial recycling; adopting "best practices" for continual improvements in customer
service; investing in new equipment, systems and technology to maximize operational
efficiencies and a seamless transition to from the current service provider to Allied Waste.
Additionally Allied will take great care in ensuring timely and effective measurement,
reporting and communications with the City staff.
All collection services will be performed in strict accordance with the service requirements
outlined in the draft Agreement and to the high customer service standards as outlined in
the RFP and Services Agreement. Allied utilizes a tailored, City and customer specific
approach for implementation of all collection services.
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial, Solid Waste Recyclable
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See
Commercial
Collection
Description (B)
See Roll-off
Box Collection
Description (C)
See
Commercial
Collection
Description (B)
See Multi-
Family
Collection
Description (A)
• Narrow Streets
• Courts
•Alleys
This chart summarizes the materials collection process, by customer ty pe :
o lection
'.,'Com[J,S?&~~1!!4B,:..;a8\..t.lIIBl}",
Collection
Methodology
Annual MSW 5,286 tons 136,466 tons
Annual Recycling 41,269 tons
Equipment See Table See Table See Table See Table
Equipment Equipment Equipment Equipment
Table Table Table Table)
Mfgr's specs Please see s ec sheets at the end of this section
Std Crew Size 1 1 1 1
Containers See Container
Table
See Container See Container
Table Table
See Container
Table
Equip't Location
Staging location
5501 N Golden State Blvd
Fresno, CA 93277
Prev Maint Pgm See See See See
Maintenance Maintenance Maintenance Maintenance
Section Section Section Section
Office Location 5501 N Golden State Blvd, Fresno, CA 93277
Personnel Train'g See Training See Training See Training See Training
Section Section Section Section
Frequency of Service
Allied will provide collection services up to seven days a week.Saturday and Sunday
collection services will be limited to those facilities and businesses that do a significant
percentage of their business on the weekend and do not have the space for sufficient bin
capacity to make it through the weekend. In preparing this proposal, Allied will work with
individual customers to identify the services that are appropriate for them.
Average Workday
Average length of work days:Allied's drivers are represented by the Teamsters Union.
The Union contract does not specify a maximum workday, but we schedule to ensure that
drivers only work a safe number of hours per day and are in compliance with federal and
state Department of Transportation regulations. Currently,Allied's local commercial
drivers work an average of 9.5 hours per day. Our proposal assumes a similar length of
work day.
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City of Fresno Request for Proposal Bid File #9133- Multi-Family and Commercial, Solid Waste Recyclable
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Our plans for accomplishing these objectives include furnishing all labor, supervision,
equipment, materials, supplies and all other items required as detailed on the following
pages. Allied's years of experience and reputation for service excellence has created an
operational framework that allows the integration of new customers and service routes to
be almost routine in nature. Due to the size of its existing operation the addition of new
service routes and incoming waste materials will not significantly impact the overall
operation at the Allied Waste Services of Fresno facility. The management and staff still
realize that careful planning is necessary to assure its customers timely, efficient and
uninterrupted service. In general, the following methodologies will be used for the various
service and customer types:
Multi-Family Solid Waste Collection Methodology (A)
Allied's experience serving multi-family customers
has taught us that excellent service of this
community demands an innovative combination of
programs and services. Multi-family customers,
apartment buildings or condominium complexes
with five or more units may be serviced with front
load bins or carts. Most multi-family customers may
be serviced by a front-end-Ioad collection vehicle
that can pick up carts and bins. These collection
vehicles will normally be staffed by one driver. Due to the unique nature of the size,
physical set-up and space constraints, (narrow streets, alleys, courts, and other space
constrained areas), some multi-family complexes may require service utilizing a 1-person
or 2-person automated or rear-end-Ioad collection vehicle with a 25 cubic yard capacity
body.
Allied's collection methodology for multi-family bin customers for solid waste is intended to
efficiently collect bin contents with as few driver steps as possible, while ensuring utmost
customer safety, efficiency and limited spillage. Using an automated collection vehicle,
Allied Waste's cart collection process is as follows:
Cart Collection Sequence (Commercial,Multi-Family or City Facilities)
The procedure for cart collection is:
1. The driver arrives at the service address and checks the route sheet for any notes
pertaining to that customer.
2. The driver checks for any possible obstructions to making the collection, and
checks mirrors and cameras as a safety precaution.
3. The driver utilizes two controls to make the collection: the first to position the truck
arm such that it is properly aligned to the targeted cart; and the second to engage
the grabbing mechanism.
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4. The driver then returns to use of the first control to lift, empty and return the cart to
its original position. As the cart is being emptied, the driver checks cart contents
for hazardous/unpermitted wastes.
5. After the cart is replaced, the driver checks the serviced area to ensure it is clear
or any litter.
6. If the collection is made without incident, the driver continues to the next stop on
the route sheet.
7. Once the truck has reached capacity or the driver has concluded the route, the
driver drives directly to the transfer station (garbage), recycling facility (recyclable
materials) or composting facility (yard/food waste). If the driver is not finished
making collections, s/he return to the route to complete those.
Front-End-Load Collection Sequence (Commercial,Multi-Family or City Facility)
The driver activity sequence for front-end-Ioad collection is:
1. The driver arrives at the service address and checks the route sheet for any notes
pertaining to that customer
2. The driver checks for any possible obstructions to making the collection, such as
overhead wires, and checks mirrors and cameras as a safety precaution
3. the driver dismounts the collection vehicle, if necessary, to unlock/open entrance
or enclosure gates.
4. The driver unlocks the front-end-Ioad bin, if locked, and opens the lid to perform a
visual check for hazardous/unpermitted wastes.
5. The driver positions the truck or pushes/pulls the container to the truck such that
the truck forks are aligned to the bin pockets and ensuring there is ample
overhead clearance empty the container. The driver then slowly drives forward to
"stab" (insert the forks into) the container.
6. The driver utilizes a control to lift, empty and return the bin to its previous position.
During this process, the driver again checks the container contents, as they are
being emptied into the truck hopper, for hazardous/unpermitted wastes.
7. The driver dismounts the vehicle, if necessary to return the container to its
collection point and locks the bin/enclosure gate if necessary.
8. While out of the vehicle, the driver picks up and disposes of any litter that has
fallen during collection. If the driver encounters an enclosure or collection point
that is exceedingly/consistently messy due to overflow, the driver will call dispatch
to place a call to the facility manager to ask for authorization for an extra dump.
9. Once the truck has reached capacity or the driver has concluded the route, the
driver drives directly to the transfer station. If the driver is not finished making
collections, s/he returns to the route to complete those
In addition, for operating efficiency and economies, Allied will integrate multi-family
collection with commercial collection routes. In all cases, Allied Waste will identify the
correct equipment to service multi-family complexes based on individual location and
unique characteristics. If the complex requests carts for each tenant, each multi-family
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial, Solid Waste Recyclable
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customer will be given their choice of using a 64 or 96 gallon cart. If the complex requests
bin service, they will be offered 1-to 6-cubic yard capacity solid waste bins and/or 10 to 40
yard drop boxes or compactors to suit individual needs or service requirements.As a
baseline for multi-family dwellings,Allied Waste will provide no less than 96 gallons of
container capacity for every five units in the complex equating to approximately 20 gallons
per resident.
Equipment to be Utilized
Equipment
Allied plans to purchase all of the equipment and containers that the City of Fresno makes
available for the quadrants that Allied is contracted to service.Where additional
equipment is required, Allied will purchase the equipment listed in the table below.
Equipment needs vary slightly by quadrant,and we've documented that in a table below.
Commercial/MF City
FEL+ Bins
Commercial/MF / City
RO +Debris Boxes
Commercial/MF / City
Auto Side Loader +Carts
Autocar ACX 64 Chassis
McNeilus Body
Cummins ISLG,300HP
37 CY capacity
Avg: 8.18 tons
Gr Veh Wt:57,500
Tare Weight:37,500
Purchase:$275,000
A e:Varies
Autocar Chassis
Galbreath Body
Cummins ISLG, 300HP
Traditional Cable Lift
Avg: 4.6 tons
Purchase:$240,000
A e: New
Autocar Chassis
McNeilus Body
28 CY capacity
Avg: 4.4 tons
Gr Veh Wt:51,000
Tare Weight:34,200
Purchase:$260,000
A e: New
..,
i-:-1
~.III If_II!v ,
,'"",...~
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City of Fresno Request for Proposal Bid File #9133- Multi-Family and Commercial, Solid Waste Recyclable
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O "-..a.JC IZJIIIIIIIIt:rJ ~-------------------------
Allied provided or existing:Allied provided or existing:Allied provided or existing:
1-8 cubic yard plastic or 10-40 cubic yard metal debris 32 gal wet organic cart (future)
metal bins boxes 65 gal wet organic cart (future)
96 gal MSW/Recycle cart
Allied anticipates that each quadrant will require the use of the following quantities of
vehicles for collection:
Commercial Auto Side Spare Auto
Quadrant MSW FEL Recyc FEL Spare FEL Loader Side Loader
1.Northwest 5 5 1 1 1
2.Northeast 6 4 1 1 1
3.Southeast 6 4 1 2 1
4.Southwest 7 4 1 3 1
Service Area 1 -Northwest Quadrant
Average
Equipment Quantity Per Unit Source
Front-End-Loader Truck 11 $146,064 from city
Auto Side Loaders 2 $260,000 new
1 Cubic Yard Bins - Solid Waste 321 $358 from city
2 Cubic Yard Bins - Solid Waste 372 $430 from city
3 Cubic Yard Bins - Solid Waste 461 $488 from city
4 Cubic Yard Bins - Solid Waste 395 $561 from city
5 Cubic Yard Bins - Solid Waste 0 $647 from city
6 Cubic Yard Bins - Solid Waste 37 $734 from city
1 Cubic Yard Bins - Recycling 230 $358 from city
2 Cubic Yard Bins - Recycling 244 $430 from city
3 Cubic Yard Bins - Recycling 218 $488 from city
4 Cubic Yard Bins - Recycling 494 $561 from city
5 Cubic Yard Bins - Recycling 0 $647 from city
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City of Fresno Request for Proposal Bid File #9133- Multi-Family and Commercial, Solid Waste Recyclable
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Equipment
6 Cubic Yard Bins -Recyclinq
Quantity
33
Average
Per Unit
$734
Source
from city
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial,Solid Waste Recyclable
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Service Area 2 -Northeast Quadrant
Average
Equipment Quantity Per Unit Source
Front-End-Loader T ruck 11 $145,184 from city
Front-End -Loader Truck 1 $275,000 new
Auto Side Loaders 2 $260,000 new
1 Cubic Yard Bins - Solid Waste 254 $358
from city
2 Cubic Yard Bins - Solid Waste 384 $430
from city
3 Cubic Yard Bins - Solid Waste 502 $488
from city
4 Cubic Yard Bins - Solid Waste 362 $561
from city
5 Cubic Yard Bins - Solid Waste 1 $647 from city
6 Cubic Yard Bins - Solid Waste 30 $734 from city
1 Cubic Yard Bins -Recycling 254 $358 from city
2 Cubic Yard Bins - Recycling 237 $430 from city
3 Cubic Yard Bins - Recycling 220 $488 from city
4 Cubic Yard Bins - Recycling 386 $561 from city
5 Cubic Yard Bins - Recycling 0 $647 from city
6 Cubic Yard Bins - Recycling 34 $734 from city
Service Area 3 -Southeast Quadrant
Average
Equipment Quantity Per Unit Source
Front-End-Loader Truck 10 $157,932 from city
Front-End-Loader Truck 1 $275,000 new
Auto Side Loaders 3 $260,000 new
1 Cubic Yard Bins - Solid Waste 576 $358 from city
2 Cubic Yard Bins - Solid Waste 543 $430 from city
3 Cubic Yard Bins - Solid Waste 449 $488 from city
4 Cubic Yard Bins - Solid Waste 491 $561 from city
5 Cubic Yard Bins - Solid Waste 9 $647 from city
6 Cubic Yard Bins - Solid Waste 52 $734 from city
1 Cubic Yard Bins - Recycling 267 $358 from city
2 Cubic Yard Bins - Recycling 356 $430 from city
3 Cubic Yard Bins - Recycling 182 $488 from city
4 Cubic Yard Bins - Recycling 406 $561 from city
5 Cubic Yard Bins - Recycling 0 $647 from city
6 Cubic Yard Bins - Recycling 32 $734 from city
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Service Area 4 -Southwest Quadrant
Equipment
Front-End-Loader Truck
Front-End-Loader Truck
Auto Side Loaders
1 Cubic Yard Bins - Solid Waste
2 Cubic Yard Bins - Solid Waste
3 Cubic Yard Bins - Solid Waste
4 Cubic Yard Bins - Solid Waste
5 Cubic Yard Bins - Solid Waste
6 Cubic Yard Bins - Solid Waste
1 Cubic Yard Bins - Recycling
2 Cubic Yard Bins - Recycling
3 Cubic Yard Bins - Recycling
4 Cubic Yard Bins - Recycling
5 Cubic Yard Bins - Recycling
6 Cubic Yard Bins - Recycling
Quantity
10
2
4
785
518
421
365
11
49
406
386
170
403
o
32
Average
Per Unit
$158,220
$275,000
$260,000
$358
$430
$488
$561
$647
$734
$358
$430
$488
$561
$647
$734
Source
from city
new
new
from city
from city
from city
from city
from city
from city
from city
from city
from city
from city
from city
from city
Equipment Specifications are provided at the end of Section 2
Commercial Solid Waste Collection (B)
Commercial collections systems are essentially the same as the methodology discussed
in the Multi-Family solid waste collection section.Commercial collection services are on-
premise, meaning that customers do not have to bring containers to the curb. The main
difference is that fewer commercial customers utilize carts for collection, with the majority
of customers utilizing front-end-Ioad or roll off services.Commercial collection
methodology for collecting in narrow streets, courts and alleys will be addressed in the
same way as that of multi-family complexes having similar collection needs.
Collection will be provided up to seven days per week according to customer preference.
The same vehicle servicing these customers will serve the City's street cans in order to
produce efficiency.
In addition, for operating efficiency and economies,Allied Waste will integrate commercial
and multi-family pickups on the same route. In all cases, Allied Waste will identify the
correct equipment to service commercial customers based on individual location and
unique characteristics.If the customer requests carts, each customer will be given their
choice of using a 64 or 96 gallon cart. If the customer requests bin service, they will be
offered 1-to 6-cubic yard capacity solid waste bins and/or 10 to 40 yard drop boxes or
compactors to suite individual needs or service requirements.
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Estimated annual tons of solid waste collected by source
Total annual tons of solid waste and collected from multi-family sources are provided in
the table below. This assumption is based on projection for 2010 tonnages. These
estimates are based on data supplied by the City and other assumptions by Allied based
on current services. The estimates for collection of materials by various sources are as
follows:
Commercial MSW
Quadrant 1 Northwest Solid Waste is estimated at 31,213 tons
Quadrant 2 Northeast Solid Waste is estimated at 34,422 tons
Quadrant 3 Southeast Solid Waste is estimated at 37,667 tons
Quadrant 4 Southwest Solid Waste is estimated at 33,164 tons
Multi-Family Commercial
Quadrant 1 Northwest Solid Waste is estimated at 943 tons
Quadrant 2 Northeast Solid Waste is estimated at 868 tons
Quadrant 3 Southeast Solid Waste is estimated at 1188 tons
Quadrant 4 Southwest Solid Waste is estimated at 2287 tons
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Commercial Recycling
Quadrant 1 Northwest Solid Waste is estimated at 10,954 tons
Quadrant 2 Northeast Solid Waste is estimated at 10,057 tons
Quadrant 3 Southeast Solid Waste is estimated at 9327 tons
Quadrant 4 Southwest Solid Waste is estimated at 10,931 tons
These numbers represent the current volumes by source. We believe as part of the base
services that we will be able to move an additional 20% of the commercial disposal
volumes to commercial recycling through enhanced public education and outreach.
Additionally as part of our enhanced services proposal all of the material collected as part
of the wet/dry collection program will be processed either as organic or dry commercial
recyclables. The estimated residual percentage is in the range of 20% from
implementation of this process .
Equipment Specifications are provided at the end of section 2
Roll-off Drop Box and Compactor Solid Waste Collection (C)
Drop box and compactor collection services will be accomplished with the equipment
listed in the chart below. Drop box collections may be regularly scheduled, temporary or
on-call. Collection services are accomplished with roll-off trucks and drop boxes or
compactors in sizes ranging from 6 to 40 cubic yards and a crew of one highly trained,
professional driver. To ensure Allied roll-off drivers do not encounter overweight boxes,
and to maximize diversion, Allied customer service representatives will query customers
when setting up the service as to the type and amount of waste materials they plan to
discard.
Debris box solid waste loads, recyclables, C&D and yard/food waste loads are direct
hauled to the CARTS facility, where the load will be processed and/or transfer hauled the
appropriate disposal ,processing, recycling or composting facility .Scale technology
utilized on roll off vehicles is especially handy here since it will eliminate the possibility of
overweight compactors/debris boxes, which can present a problem.
Drop boxes will be made available to Allied customers of every generator type in a full
range of sizes .Allied customer service representatives will help customers correctly size
their containers to maximize diversion and mitigate weight. Hauling companies generally
provide a link between customers who desire compactors and compactor manufacturers.
Allied has well established compactor manufacturer connections that it will provide to the
customer upon request. Customers generally either lease or purchase a compactor.
Roll Off Collection Sequence
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The driver activity sequence for roll-off is:
1. The driver arrives at the service address and checks the route sheet or work order for
any notes pertaining to that customer, such as information pertaining to the customer
contact,disconnecting coupling lines, etc .
2. The driver performs a safety check to ensure there is proper clearance and access to
the container and that site activity at the collection point is zero .If conditions are
questionable, the driver will talk to a site manager or will call the route supervisor to
the site to act as a spotter.
3. The driver carefully backs up to the container and raises the truck 's hydraulic rails.
4. The driver dismounts the vehicle and locks the coupling device to the container,
double checks it to ensure it is secure .
5. For compactors, the driver then disconnects the units'electrical/hydraulic couplings.
6. The driver remounts the vehicle and engages its controls to pull the container onto the
truck rails. When the rail reaches the locking stops, the driver lowers the rails.
7. All Allied roll-off trucks are equipped with automatic tarps .At this point, the tarp
mechanism is engaged to cover the load if the box is not covered or enclosed.
8. The driver checks the area for any litter spilled during collection and cleans it up if
found.
9. The driver transports garbage drop-boxes and compactors to the transfer station,
recyclables or C&D loads to the recycling facility ,and yard/food waste loads to the
compost facility ,and obtains a weight ticket at the scale house .
10. The driver signs off on the work order that the job is complete, and files it away with
the weight ticket in the company-provided file/clipboard .(All paperwork is turned into
dispatch during the check in procedure at the close of the day .)
11. The driver repeats the process for the next work order or route sheet until all work is
complete for the day.
Allied has the current advantage of being one of the largest private haulers in the Fresno
area.Allied's current staff, from managers to customer service representatives and
drivers to mechanics ,have worked with customers in the Fresno office for many years.
The new franchised service will require additional incremental staff increases to guarantee
that customer satisfaction will meet Allied's goal of 100% satisfaction .The management
staff will have incremental additions to their responsibilities .Hourly employee staffing in
all departments would increase by at least 1/3 based on the amount of customers/routes
Allied anticipates will be added from this new franchise. For instance, Allied currently
employs 3 customer service representatives (CSR). We anticipate hiring two additional
CSR for each quadrant that we are awarded the contract to serve. Additional CSRs may
be hired temporarily during the transition period to ensure that all customers are 100%
satisfied.
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Equipment Specifications are provided at the end of section 2
City Facility Services .
Allied will provide individual or centralized cart and bin collection service to all City
facilities and buildings to provide, at a minimum,once-weekly collection of all public litter
and recycling receptacles. Shared recycling bins for downtown locations will be available
upon request. As part of its community outreach program, Allied Waste will provide waste
and recycling services to community venues and events. These programs will be
designed to maximize diversion.
City-Sponsored Events Garbage Collection
Allied will work with the City to provide collection services at no charge for at least six
City-sponsored events. Additionally, at the City's request, Allied will staff a booth and
distribute public education materials at all events if desired by the City or event organizer
Allied will collect the materials or coordinate the collection of materials from collection
points located throughout the event venue as frequently as needed during or after the
event. The Company will coordinate with the City to meet collection services needs.
Garbage collected from City-sponsored events will be direct hauled to the transfer station;
recyclables and compostable materials will be direct hauled to the processors named in
the upcoming corresponding sections of this proposal. A strong emphasis will be placed
on recycling at these events with an objective of having a full complement of services at
each collection point: garbage, recyclables and organics (food waste) collection.
FleetMind
All trucks will have on-board computers (FleetMind) and two-way direct connect radios.
Each business type (FEL, Roll-off) use a separate call sign to expedite communication
with dispatch. Lifts, disposal, weight, skips, extras and even pictures - every possible
activity is associated with a time stamp and location calculation and is recorded to help
manage route productivity. By virtue of its proprietary software infrastructure, FleetMind is
engineered to automatically push valuable Key Performance Metrics (KPMs) to
management when these are outside of the pre-determined acceptable threshold. This
drastically increases efficiencies and decreases carbon footprint since the Company will
be able to consistently and proactively monitor the fleet in real-time.
In addition to collecting route data, Allied will also be able to collect all of the truck's
diagnostics. FleetMind is connected to 16 various feeds within the truck. The system
consistently manages the trucks'diagnostics as well as the driver's behavior to provide
complete remote visibility into what is happening on the route in real time. If an engine
light goes on, the driver is hard breaking, is idling excessively or speeding. This tool is
directly linked to our customer service database (INFOPRO) to provide real-time customer
interaction. All daily operations are managed cleanly from inside INFOPRO. Routes are
pushed to vehicles in the morning and closed almost automatically at the end of day.
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FleetMind provides solutions tailored to each line of business. The product will allow
managers to:
• Get real-time accurate feedback from the field to optimize 'productivity
• See where customer density can be increased
• Identify where costs can be reduced through a more efficient use of resources
• Observe servicing problems in real-time and improve customer satisfaction
• Improve maintenance and safety initiatives
• Decrease administrative and managerial time wasted on data entry
• Increase franchise-fee producing services and reduce credits
The proposed methodology and equipment is considered standard to the industry and
utilizes standard front-end-Ioad, side-load, rear-end-Ioad and roll service collection
technologies. These services technologies were selected because of their proven
reliability ,efficiencies and collection effectiveness.
Location for Equipment and Personnel Staging,Maintenance Facilities Location,
Preventive Maintenance Program for Equipment and Office Location for
Management and Administration Operation
Operations including equipment and personnel staging, vehicle,equipment and container
maintenance operations ,administration and operations, including customer service,
billing ,accounting ,public outreach, and other administrative functions will be conducted
from Allied Waste Services of Fresno's facility located at 5501 N.Golden State Blvd,
Fresno, CA 93722.
Preventive Maintenance Program for Equipment (PM)
Maintenance and Support Facilities
Collection, support vehicles and
containers will be maintained at
Allied's operations base in Fresno .
Allied 's comprehensive preventative
maintenance program complies with,
and in some cases ,exceeds all
federal, state and local regulatory
standards and manufacturer
specifications. Allied Waste is
committed to maintaining its fleet in a
fuel efficient and environmentally
conscious manner .Allied's Fresno
facility consists of 6 vehicle maintenance bays and one container repair bay.Those bays
are staffed by 8 mechanics, 1 mechanics helper and 4 welders across two shifts to ensure
that all proper maintenance and repair is completed in an efficient and safe manner. The
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staffing is structured such that there is one mechanic per seven routes which allows each
member of the maintenance team to stay focused on excellence, quality and safety. One
(1) dedicated maintenance administrative assistant and a dedicated Maintenance
Manager complete the team. The team works hand-in-hand with the in-house, OSHA
certified safety professional on-site .The Fresno facility houses 57 total collection vehicles
and 9 support vehicles ,2 of which are dedicated container delivery vehicles .This
number includes 13 spare collection vehicles .Regardless of the number of vehicles
dedicated to the City Contract, all of the assets housed at the Fresno facility, as well as
our sister sites throughout Central and Northern California, are available to service the
City of Fresno's needs.
Allied's safety and compliance program is as comprehensive as its maintenance program.
The Fresno facility has undergone CAL/OSHA audits as well as inspections from Fresno
County Public Health and the City of Fresno .Allied is honored to say that it has had zero
DOT recordable accidents in the last several years due to faulty maintenance practices,
and have passed the referenced audits with satisfactory results every time.Allied's
commitment to the environment is as ironclad as it is to the communities it serves. Allied 's
recycling program is as robust in the maintenance shop as it is in its communities. Allied
prides itself on achieving a level of excellence that has resulted in significant reductions in
waste being generated at of its facility. Everything that can be recycled is recycled, to
include:
•Motor Oil
•Hydraulic Oil
•Antifreeze
•Oil Filters
•Transmission Filters
•Fuel Filters
•Tires
•All Metal Parts
•Batteries
•Brakes
•Fluorescent Bulbs
•Office Paper
Allied maintains a current Industrial Storm Water Permit along with a current Storm Water
Runoff Plan and employs a third party contractor who specializes in environmental
management to ensure that the Company stays in full compliance with all applicable
regulations ,including quarterly sampling .In addition to monitoring storm water runoff ,
Allied also maintains a current Spill Prevent ion Control and Countermeasures (SPCC)
plan.All employees are trained in how to respond to a spill and training is conducted
annually at minimum .All trucks, including support vehicles, carry spill kits. There are also
spill kits located at the fuel island and in the shop to take care of any spill that may occur.
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Allied Waste 's bulk oil and diesel tanks are double walled, drums are kept in secondary
containment, spills are cleaned up immediately and Allied Waste maintains strong
relationships with third party contractors to assist in the unforeseen event of a large spill.
The diesel tank has an emergency shutoff switch ;auto fill levers are disabled and the
entire fleet is refueled each night.Oil/water separators are strategically located
throughout the property to ensure that no contaminates reach the water supply .These
collection points are cleaned on an as needed basis, or quarterly at minimum. To ensure
that all of the company assets and our staff members are protected ,Allied operates a
closed circuit camera system that records 24 hours a day.
Vehicle Inspection Reports
Key to the preventive maintenance program is daily completion of vehicle inspection
reports .This is done by the collection vehicle's assigned CDL driver and includes both a
pre-trip inspection and post-trip inspection. Drivers check fluid levels, lights, tires and
other safety related areas of their truck and indicate on the inspection report any defects
or deficiencies found that day .Shop personnel review the report and check any items
marked by the driver as being questionable or problematic. Mechanics then make any
needed repairs before the vehicle returns to the route. Furthermore, each vehicle
undergoes a through and comprehensive preventative maintenance inspection (PMI)
every 150 hours of service. This inspection is conducted by a trained and certified brake
inspector, according to USDOT requirements.
Each vehicle is inspected from the top to the bottom and the front to the rear including, but
not limited to; tires ,air pressure, brakes, air system, safety camera system, gauges,
engine, cooling system, hydraulic system ,batteries, road tested and general overall
equipment operation. The vehicle is thoroughly lubricated and fluids sampled and
changed if required .If repairs are needed, all priority repairs are completed prior to the
vehicle being returned to service; repairs that can be are scheduled to be completed at
the next service. Preventative Maintenance Inspections (PMI) are set at different levels,
ranging from PMI-A to PMI-E. Each level is an increasingly more detailed inspection
and/or requires different fluids to be changed e.g., oil ,hydraulic, coolant ,differential, etc.
A sample of the PMI checklist follows this subsection. Once each year each vehicle is
given a complete annual inspection in accordance with 49 CFR 396 .As a side note, the
preventive maintenance program for CNG-powered vehicles will be essentially the same,
except they do require a few additional maintenance procedures.
Vehicle Appearance
It is a fact that vehicles clean in appearance are usually assumed to be well-maintained
vehicles also. This is because of the positive impression a clean vehicle makes. Allied
washes its collection vehicles weekly, utilizing biodegradable cleansing products, high and
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low pressure washers using a brush. Truck washings will comply with BMP's governing
storm water management.
Container Operations and Maintenance
Allied will maintain a sufficient cart and container inventory during the term of the contract
for replacements or exchanges.Whenever a cart or container is delivered to a customer,
regardless of the situation, it will be clean and in excellent working condition.Whenever a
damaged cart or container can be repaired it will be, such that it can be returned to
inventory. Allied will repair at least the following broken parts: hinged lids, wheels and
axles. It is the Company's experience that these items are the most common cart and
container failures .Therefore, the Company will keep an adequate inventory of lids,
wheels and axles on hand at all times .When a repair can be made on route, it will be. If
the repair is extensive or the cart or container is in overall poor condition, another cart will
be assigned to the customer and the old cart brought back either for repairs or recycling.
FEL bins that need steam cleaning or painting are placed on rotation to receive the
attention they need .All FEL bins will be maintained such that they are generally clean,
presentable to the public, and completely functional. Locks will be available upon request.
Supervision
Supervisors are key to the successful collection system. Our experience has shown that
quality supervision is a basic requirement to assure high quality customer service, efficient
safe operations, employee satisfaction and cost effective delivery of services .The
determination for needed additional supervisors will be based on which service level Allied
is awarded .We intend to hire one additional supervisor for each quadrant we are
awarded. Allied Waste Services' operations supervisorial staff have a broad range of
responsibilities to include:
Responsibilities -Operations Supervisor
• Directly responsible for supervision of employees performing waste
collection/disposal,dispatch and/or other operations-related work. Supervision
includes hiring, scheduling,performance management and other related issues.
• Resolves unusual or nonscheduled service requests, equipment breakdowns, and
schedule changes.
• Develops work schedules to match staffing levels ,makes work assignments and
monitors progress to improve work process efficiency .Plans routes to provide the
most efficient service to customers while also managing labor hours and disposal
tons.
• Performs administrative activities ,including reviewing and processing route sheets,
time sheets or other work time documents.
• Conducts employee observations to ensure safety and productivity procedures are
being followed.Documents and discusses results with employees .
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• Responds to driver reports of problem pick-ups such as unsafe conditions or
hazardous waste.
• Provides status reports to next level management, and substantiates payroll,
customer billing and business plans.
•Coordinates with other departments and customers to change or improve customer
service .
• Responds effectively and courteously to customer service inquiries, requests or
complaints.
• Understands, implements, and maintains safe work practices.
• Investigates accidents ,injuries or property damage claims.
• On occasion ,to maintain business operations,may drive route vehicles in order to
cover shortages in staff or missed pick-ups.
• Performs other job-related duties as assigned.
Safety
Safety is Allied Waste Services' highest priority. The Company has created a tremendous
safety culture with supporting infrastructure, where employees are trained to think, choose
and live from a strict context of safety. Safety is Allied's portal for the achievement of
exceptional customer service, and is viewed as the responsibility of all Allied employees.
The Company takes every imaginable step to ensure safety in its administrative offices, in
its operations yards ,on its collection routes, and at its transfer/recycling facilities .Allied's
excellent safety record is achieved by the clear system of safety checks and balances the
Company employs, its safety policies and procedures, and sound decision-making used
when hiring, combined with the active retention of the very best employees.
New employees are required to attend and pass a new employee orientation/safety
training class. In this class, Company policies and standards are fully explained. These
include: Allied's alcohol and drug-free workplace; DOT requirements ;personal protective
equipment standards; operation and care of equipment; injury and accident reporting
procedures; hazardous communications procedures; spill prevention and contamination
training; collection service standards; recycling and waste contamination communication
procedures ,service reporting and paperwork procedures.
Primary Allied safety initiatives include:
10-KEY SAFETY AUDIT
The 10-Key Safety Audit is one of the Allied's primary safety tools. It is used to measure
the culture within Allied divisions through the thorough examination of ten key areas
related to management's effectiveness in leading their team 's safety attitude .The ten key
areas are:
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• General Manager Management
• General Manager Involvement
• Hiring
• Vehicle Specifications
• Hours of Service
• Safe Actions for Excellence (Allied's general safety handbook)
• Preventive Maintenance
• Employee Recognition and Discipline
• Allied Standards and Policies
• Claims Management
Under each of the above key areas, there are sub-topics that drill down to the core of the
safety culture .Audits are performed by Allied 's regional safety staff ,and takes over three
days to complete .The process includes: employee interviews and observations; record
and program reviews ;equipment and facility inspections ;and process reviews with the
leadership team .Upon completion of the audit a closing conference is conducted with the
local leadership team as well as regional and corporate safety personnel. The leadership
team receives a verbal and written report on each item listed, along with
recommendations and action items for future growth. The final report is made available to
Allied leadership at all levels through an on-line reporting system.
• School Safety Program -Featuring Garbage Gus This is an educational safety
curriculum for schools. It is the Company's goal to ensure children understand the
hazards surrounding large trucks to create enhanced safety for them. This
program includes activities, DVD video, sing-a-
long music video, posters, comic books, and
coloring books. High visibility safety vests are
supplied to school cross guards.Materials are
currently available in English and Spanish.
• Weekly Safety Conference Call Safety topics
including local safety-related experiences are discussed for learning purposes.
• Daily Route Observations Field supervisors ensure services are delivered in a
safe manner .
• Monthly Safety Alerts Allied's regional and corporate headquarters safety
departments send out alerts on various safety topics and safety related experience
across the country that to bring awareness and education to Allied employees.
• Weekly Safety Tool Box Talks Allied has a tremendous on-line safety program for
managers to access. One of the outstanding features of this resource is its
comprehensive list of topics for weekly safety meetings. That list is included with
the Company's OSHA log in Exhib it C.6.For each of the dozens of topics listed is
a detailed i nitiative to guide the presentation of the topic to workers.
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• Not on My Watch This is a training video conveying Allied's employee charge to
take personal ownership in safety.
• Focus-Six Program This innovative program is designed to bring Allied drivers'
attention to the six types of accidents that cause the greatest human tragedy and
most disruption to operations. These six categories are 1)Intersections;2)
Employees; 3) Rear Collisions; 4) Rollovers; 5) Pedestrians; and 6) Backing. Also
included are DVDs, posters and discussion points for training.
• Dedicated to Safety: Employee Safety Award Program This is a safety
incentive program designed to motivate employees to achieve greater levels of
safety through monthly and annual awards. This program has proven effective in
keeping employees focused on safety and reducing accidents. Employees
enrolled in the program receive vouchers each month in which they have not had
one of the following: a preventable accident; a lost-time injury; or a safety-related
corrective action .
Voucher values range from $25 to $75 or more .These can then be redeemed on-
line for merchandise that can be used for themselves or as gifts for family or
friends. Allied has had employees redeem vouchers for refrigerators for their
homes, television sets ,sports equipment, and even jewelry for their spouses. This
program generates excitement among employees and encourages them to take
the extra time to make the best decision :one that will allow them to complete their
day ,month ,and even career, accident and injury free.
Following are additional requirements for Allied drivers :
Driver Appearance and Compliance with All Applicable Rules, Regulations and
Policies Allied drivers will wear identification and a clean uniform each day. Drivers will at
all times have on their person a valid California Drivers License and medical card.
Medical cards are good for two years and dictate that drivers must have passed a physical
examination to obtain one. Drivers will behave responsibly and professionally, and will
comply with all applicable Federal, State and Local regulations and laws governing any
and all aspects of their work for Allied.
Zero Tolerance Safety Guidelines This document lists unsafe practices that will
absolutely not be tolerated at Allied. An example of such an unsafe practice is "Refusal or
failure to use appropriate personal protective equipment." It is the Company's belief that
setting expectations high and clearly stating behaviors and incidents that will trigger
disciplinary action at the inception of an individual's employment with Allied creates the
best work force possible.
Progressive Discipline Policy Allied strongly believes in develop ing and mentoring its
employees. When the Company finds it necessary to administer corrective action, it
makes every effort to correct the behavior by coaching and/or retraining the employee .
Progressive discipline is used only when the behavior has not been corrected through
coaching efforts .Progressive discipline is administered as follows :
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1st Offense:Verbal Warning
2nd Offense:Written Warning
3rd Offense:2nd Written Warning with Suspens ion
4th Offense:Discharge of Employment
Employees may be immediately discharged on grounds of dishonesty ;recklessness ;
gross negligence;misrepresentation related to sick leave; failure to report an accident or
injury; gross insubordination; abuse of customers or other persons; possession of
firearms; criminal conduct; violation of Allied's Alcohol and Drug-Free Workplace and
Substance Abuse policy; and/or if the removal of an employee is demanded by a
municipality or government body. In the case of a safety violation or any accident, the first
offense step (verbal warning) is always skipped and a written warning is issued
immediately.
Alcohol and Drug Testing The Company performs alcohol and drug testing per the State
Department of Transportation's testing procedures under the following circumstances:
• Pre-Employment
• Post-Accident
• Random
• Reasonable Suspicion
• Return-to-Work
Other Driver Requirements
In addition to the above, Allied drivers must also :
• Pass a road test.
• Attend an orientation program that includes extensive management
observation and coaching of driving skills.
• Review a copy of Allied's SAFE-Safe Actions For Excellence and Employee
handbooks .
• Participate in the Driver's Alert 24-Hour Vehicle Monitoring Safety
Management System. Each collection vehicle is identified with the Driver's
Alert telephone number, where concerns and compliments can be registered
and forwarded to the appropriate Allied Division. Individual Divisions have 24
hours in which to respond to negative remarks and observations.
• Receive bi-annual training in the National Safety Council 's Defensive Driving
Course for the Professional Truck Driver.
• Attend required monthly safety meetings .
• Attend monthly tailgate meetings to receive defensive driving/space cushion
instruction developed by the Smith System®,for which Allied has purchased
the rights to use.
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Additionally, Allied has created a continuous improvement model for its collection
personnel, under which each month a monthly incidenUaccident report is run and used to
identify any issues that compromise safety or the provision of exceptional customer
service .
Allied 's vehicle maintenance policy, EEO policy and ADA policy at the end of Section
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Jl.r.REPUBL.IC*SERVICES
Fleet Maintenance Standards &Procedures Manual
Acknowledgement
Please read and sign this Acknowledgement page and return the bottom portion
to your supervisor.
Ihave receiveda FleetMaintenanceStandards&Procedures manual.Iunderstandthat
I am responsible for ensuring that all maintenance work performed at Allied Waste
facilities and on company vehicles and equipment meets or exceeds the standards
outlined in this manual, as well as those required by local, state and federal regUlatory
agencies,includingOSHAand DOT.
I understandthatthis manualupdatesandreplaces all previousmanuals.I agree to read
thisentire manual,and if I have any questionsor concernsabout any of the information
containedwithin,I will bringit to the attentionof my supervisor or RegionalMaintenance
Manager.
--.-••_•••_••••••••••••.!Ii!/!t'~~fl.__•• • •••__••__••••_._•••••
I have received a copy of the Republic Services Fleet Maintenance Standards &Procedures manual
(August 2(04).I understand that I am responsible for ensuring that all maintenance work
performed at RepUblic Servlcu facilities and on company vehicles and equipment compiles with
or exceeds the standards outlined In this manual, as well as those required by local,state and
federal regulatory agencies,inclUding OSHA and DOT.
I understand that this Republlc Services Fleet Maintenance Standards &Procedures manual
supercedes all previous manuals.J agree to read this entire manual, and If I have any questions
or concerns about any of the Infonnation contained within.I will bring it to the attention of my
supervisor or Regional Maintenance Manager.
Employee's SjgrJalure
Employee'S Name (please print)
Region Division
Dale
Tille
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Vehicle Standards &Procedures
Equipment Washing
Overview
It is important that all equipment is kept clean and washed on a regular
basis.The appearance of our route equipment is a reflection of our
Company to our customers and general public. In addition,bu ildups of
dirt,debris and grease on any of our vehicles and equ ipment can
contribute to equipment problems and fires .
Requirements
All equipment will be kept clean and in good physical cond ition.The
exterior of the route trucks must be kept ina clean condition and be
washed at least weekly;The transmission, engine and REL packing
blade area must be cleaned at least once per month or as necessary.
All washing procedures must be in compliance with state and local laws
regard ing waste water run-off.
III Fleet Maintenance Standards &Procedures
January 20 09 II
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Vghii;,~Stan.dilr!!s &Pr.ocedure~
Preventive Maintenance
and Inspection Requirements
Overview
The Preventive Maintenance was developed to maintain your chassis
and keep it running the way it was designed to run. Preventive
maintenance,not breakdown maintenance,is the key to many years of
trouble-free operat ion.
Every shop must have a disciplined PM program. PM inspections are
the cornerstone of our equ ipment maintenance responsibilities .PM
inspections that strictly follow this standard are a top priority.
Allied Waste's PM program consists of mechanical inspections,
lubrication and o il,filter and coolant conditioner change intervals
designed to maintain vehicle efficiency and prevent
mechanical failure.
The program consists of seven types of services (A-G),each addressing
items which require periodic inspections to ensure efficient,reliable and
trouble-free operation. To allow flex ibility in developing a ma intenance
routine suitable to your operating requirements, maintenance intervals in
this manual are arranged in regards to local and federal inspection
days of operation. Fuel gallons consumed is also an acceptable PM
tracking system.
The bottom line to a well-run PM program is less downtime and
increased profitability.
Responsibility
The General Manager wi ll establish and maintain a PM program for the
Division, including schedu ling and managing PM inspections and follow-
up repairs .
Div ision General Managers i n newly acquired companies will establish
a full preventive maintenance program within 60 days of jo ining the
Company.
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Fleet Maintenance Standards &Procedures
January 2009
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Requirements
•Complete Inspection:Perform every PM inspection completely and
accurately.
• PM Schedule and PM Tracking Software:
-For all PM schedules,the scheduled B PM must be completed at
45Q-hour-of-operatlon intervals. The scheduled A PM must be
completed at no more than 150-hour-of-operalion intervals, but may
be scheduled at 100-hour-of-operation intervals, depending on fleet
age and condition.
•All PMs will be tracked electronically through Dossier.
•Forms:Examples of approved PM forms can be found in the Forms
Section of this manual:
• Heavy Equipment Preventive Maintenance Work Order
-services Group PM Inspection Form
- Trailer PM Inspection Form
- Maintenance Folder
-Post-PM Repairs Needed (optional)
•Completion of Forms:Mali<every item on the PM inspection form
with the proper inspection code and the inspector's inilials .
• Qualified Inspectors:Assign a qualified inspector to the PM
program. Inspectors should complete this training (as a minimum):
• Be thoroughly familiar with the PM Inspection Procedure that appears
in this manual.
-Co-train for 2 WMks with an experienced inspector.
-Have brake inspector certification.
-Complete required safety training for shop personnel.
•Have a personal copy of this manual available on the job .
•Out-of-Service Trucks:Document the vehicle file if a truck is out of
service on the day it is scheduled for a PM.Complete the appropriate
PM before returning the truck to service .
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January 2009
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Service Requirements
• The following are minimum PM inspection/service requirements - The
PM service is not negotiable.
A COMPREHENSIVE ALLIED PM CYCLE CONSISTS OF
A VARIETY OF PMs AT REGULAR INTERVALS
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SUPPORT VEHICLES WILL BE SERViCED A1 REGULAR
INTERVALS
T ruck Ty pe PM Interval
Trailers AlB 42 ;I::2 calendar da.ys
•Roll ott pup's
•Transfer trailers
suppon and Utility B 5,000 miles ±3{10 miles or
Vehicle'S 130 days ±2 days
'"Pick up tucks
'"SUpport trucks C 20 .000 mHes±3-00mlle~err
1M days ±2 days
0 50,000 mile'S ±300 miles.Of"
545 day,±2 days
F Annual DOT Inspection
385 days ±2 days
,..continues on next pege
Fleet Maintenance Standards &Procedures
Jaeuary 2009 II
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City of Fresno Request for Proposal Bid File #9133- Multi-Family and Commercial,Solid Waste Recyclable
Materials, and Organic Materials Services - July 12,2010
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Vehicle Inspection During Service
Cab Exterior
-Look for hanging or foreign objects in the area under the chass is.
- Note any body damage on the PM inspection form .
- Inspect inside of truck body for excessive wear or damage .
-Inspect packer and push-out blades for cracks,damage or excessive
wear.
-Check condition of wheels and tires .Inspect each tire for cuts ,leaks ,
punctures,bulges ,abnormal wear and tire match .
- Check rims for damage and wheel nut tightness.Rust streaks around
wheel nut ball seats are an indication of looseness.
-Check oil level of oil-lubricated front wheel bearings .Add oil ,if
necessary.
-Check brake system components.
-Check electrolyte level in battery and add distilled water, if necessary.
If the battery is a maintenance-free type,check state of charge
indicator. Check the battery cables for condition, chafing and proper
rouling .
-Check condition of fuel tanks and fuel hoses ,connectors and pipes.
- Inspect air intake for secure mounting, leaks, or damage .Replace air
deaner element if indicator Jocksin the red zone or dash-mounted
gauge Indicates maximum inlet reslrietlon of 20 inches (510 mm) or 25
inches (635 mm) of water for applicable engine.
- Inspect body access door interlock safety switch (proximity switch).
•Ensure all safety warning decals and reflective tape are in place and
controls are properly labeled ,per ANSI Standard Z245.1 .
- Clean headlamps,exterior windows and mirrors. Check windshield
and mirrors for cracks .Check operation of aU lamps and i nspect
lenses. Repair any non-operating lamps and replace any broken lenses .
Cab Interior
- Clean interior windows and dash gauges .
-Check seatbe lls for security and damage .
- Secure any loose items found in the cab .
...continues on noxt pll go
Fleet Maintenance Standards &Procedures
J......"J/"f2009 II
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City of Fresno Requestfor Proposal Bid File #9133-Multi-Familyand Commercial,Solid Waste Recyclable
Materials, and Organic Materials Services- July 12, 2010
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-Check emergency equipment and warning devices.
-Adjust driver's seat and sideview mirrors.
-Check clutch pedal free-play.
Start the Engine
-Usten for any unusual noises.
-Make sure the alarms shut off when oil pressure, air pressure, etc.,
reach normal operating range.
-Check operation of homs (both air and electric),windshield wipers and
washers,heater and defroster, back-up alarm ,and ,if so equipped ,
heated mirrors .
- Check operation of service brakes.
- Check application of paoong brakes .
- Observe instruments and verify readings .
Air pressure gauge -Low air buzzer should shut off at 70 ±5 psi
(483 ±34 kPa). Operating range is 105 psi (724 kPa)minimum to
135 psi (931 kPa) maximum.
NOTE:Engine oil pressures and temperatures can be found in the
specific engine operating manual.
Voltmeter -With switch ON and engine OFF,indicates condition of
battery .With engine running,indicates condition of charging system .
Coolant temperature gauge -Normal operating temperature for
a heavy duty diesel engine is between 170°F and 225°F (77·C and
10rC).
End of the Day
-Apply parking brakes, block tires and completely drain air system.
-Drain water from fuel separator, if equipped.
-Check for fuel, oil and coolant leaks.
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Fleet Maintenance Standards &Procedures
JalUlry 2009
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial, Solid Waste Recyclable
Materials, and Organic Materials Services - July 12, 2010
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~__________________________0 ..-..::a-r
2.2 Recyclable Material Collection
Collection systems and personnel for recyclable materials collection services mirrors the
information presented in the preceding sections on multi-family, commercial and roll off
collections. Allied will collect ,at minimum ,the materials' listed under the definition of
"Recyclable Materials "in the Draft Franchise Agreement. Allied may be expand materials
collected to include other materials acceptable to the recyclable materials processing
facility at any time during the term of the agreement based on market conditions and
availability of processing capabilities.
Because Allied has a close working relationship with the processor ,and because Allied
also owns and operates a recycling facility to which materials can be delivered there
exists added incentive for ensuring contamination is kept to a minimum. Allied will
guarantee processing capacity for the term of the Draft Franchise Agreement. Allied will
take a dynamic,performance-oriented approach to recycling collect ion.Most notable,
perhaps is the Company 's commercial/multi-family recycling approach ,which revolves
around a recycling campaign conducted that will include:
• Making contact with each account in the service area
• Solidifying recycling gains made to date with existing program participants and
expanding recycling capacity/participation for them
• Methodically and strategically conducting recycling assessments with as many
non-participating accounts in the service as possible during the 90-days to create
an immediate,significant increase in recycling tonnages overal l.
All loads of source separated recyclable materials will be recycled except in the case
where a load is highly contaminated and therefore rejected by the processor.Allied's
strong public education plan will result in high diversion and low contamination. A more
detailed description of the public education plan is included in Section 2.8.
The following sections capture the collection systems and assumptions .
Multi-Family Recyclable Materials Collection
MFD recyclable materials collection services are performed utilizing automated side-load
collection vehicles and 96-gallon wheeled carts with a crew of one highly trained,
professional driver ,or standard front-end-load loader collection vehicles ,bins in sizes 1 to
6 cubic yards, and a crew of one highly trained, professional driver.
In addition to the collection process described in the multi-family solid waste cart front-
end-load ,and roll off collection section, the following steps are added for recyclable
materials set-outs. Allied drivers will also :
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Materials, and Organic Materials Services - July 12, 2010
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1. Utilize the opportunity to do a visual contamination check of the cart contents.
2. If no contaminants are visible in the cart, front-end-Ioad container, or roll off
box, the driver continues to make the collection as indicated in the preceding
section for garbage collection.
If contamination is visible the cart will be tagged with a "Corrective Action Notice"or
"OOPS"tag and not emptied until the correction has been made. As with all "Corrective
Action Notices"and other route events and incidents, this information will be logged into
Allied's customer database. Recyclable materials will be are hauled to the CARTS facility
for processing. Information about materials processing and marketing accomplished at
that facility is included in the Recycling Processing and Marketing subsection.
Container type and sizing is generally based on customer preference, space constraints,
material type and property configuration. Collection systems are driven by container and
material type. For instance multi-family recyclable materials front-end-Ioad customers will
be blended with front end load commercial recycling routes. Commercial customers who
opt for cart service will be blended with commercial side-load recyclable routes.
Allied will make a good faith effort to provide recyclables collection to all multi-family
customers with target recycling capacity of at least 96-gallons per collection point. This
contact will be made with every multi-family account prior to start of service; Allied intends
to make that initial effort truly count with a determined effort to divert as much waste as
possible in this sector from the outset, steadily mining the waste stream for increased
diversion throughout the term of the Agreement.
Equipment Specifications are provided at the end of section 2
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Materials, and Organic Materials Services - July 12, 2010
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~__________________________O A -';--~
Commercial Recyclable Materials Collection
Collection systems and personnel for commercial recyclable materials collection services
mirrors the information presented in the preceding sections on multi-family recyclable
material collections. Allied will collect, at minimum, the materials listed under the
definition of "Recyclable Materials" in the Draft Franchise Agreement.
Equipment to be Utilized for Commercial Collections
Equipment Specifications are provided at the end of section 2
Roll Off Materials Collection
Roll off collection of recyclable materials is consistent with the procedures described in the
solid waste collection section. In addition to the collection process described in the solid
collection section, the following steps are added for collection of recyclable materials.
Allied drivers will also:
1. Utilize the opportunity to do a visual contamination check of the cart contents.
2. If no contaminants are visible in the roll off box, the driver continues to make the
collection as indicated in the preceding section for garbage collection.
Equipment to be Utilized for Commercial Collections
Equipment Specifications are provided at the end of section 2
City-Facilities and City Sponsored Events Recyclable Materials Collection
Please refer to City Sponsored Events Garbage Collection.Collection methodology,
equipment and personnel are the same as indicated therein as well as what is specified in
that section. All recyclable materials will be hauled to the CARTS facility where they will
be sorted, marketed and then shipped to market, as described in the following subsection.
Allied has been an active participant in City-sponsored events as well as other community
events. The Company will continue to participate enthusiastically in City events. Allied
will encourage the City to install recycling and organics collection containers at each
collection point throughout every event. The Company will produce event container
labeling that complements program materials to reinforce the City's recycling messages,
bring greater familiarity to the recycling program, and create a greater sense of
community.
Additionally, if the City would like, Allied will produce an event report documenting total
tons collected and tons diverted through recycling programs, as well as number of and
placement of collection points, and collection operations logistics.
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial,Solid Waste Recyclable
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~__________________________0 ..-..:...-...-
2.3 Organic Materials
Allied has extensive experience in organic material collection, with operations that serve
Cities and Counties throughout Central and Northern California. We provide high-quality
organics collection and processing to both the public and private sectors throughout
Sacramento, San Joaquin, Santa Clara, San Mateo, Contra Costa and Alameda Counties.
Republic Services also owns and operates the Forward Organics facility in Manteca, and
the Newby Island Resource Recovery Park where a recycling materials recovery facility
and sanitary landfill are located in addition to the organics composting facility.
With a proud legacy of serving our customers for over 35 years, Republic Services is
committed to delivering the most environmentally responsible, efficient and cost-effective
organics services. Under the leadership of an experienced team of professionals, Allied
has proven its ability to achieve outstanding customer satisfaction using innovative
approaches and sustainable technologies that benefit the communities we serve.
2.3.1 Organic Materials Collection
Multi-Family Yard and Food Waste Collection
Multi-family organics materials collection services are performed utilizing the collection
system discussed in the Solid Waste Collection and Recyclable Material Collection
sections. Allied proposes two base collection systems for multi-family organic materials
collection: a) side-load collection vehicles and 96-gallon wheeled carts and a crew of one
highly trained, professional driver, or b) standard front-end-Ioad collection vehicles and
bins in sizes 1 to 4 cubic yards (leak-proof plastic front-end-Ioad containers will be utilized)
and a crew of one highly trained, professional driver. 96-gallon carts will generally be
used due to the density and weight of organic materials. Multi-family organics cart
customers will be blended with commercial cart organics collection routes. Multi-family
organics front-end-Ioad customers will be blended with commercial organics collection
routes. Collection systems are driven by container type chosen by multi-family property
managers
Allied intends to make an assertive effort to divert as much waste as possible from this
sector from the outset and so will contact all property managers as indicated in the
Implementation Plan.Increased diversion will be the result of Allied's comprehensive
proposed recycling education, outreach and technical assistance efforts.
Commercial Organics Collection
Commercial organic materials collection is exactly as described for multi-family
customers. All organic materials, yard and food waste-whether commingled or
commercial food waste only, are direct hauled to the CARTS facility, and then transfer
hauled to Kochergen Farms Composting facility in Avenal. Allied will therefore blend
customers into collection routes which represent the greatest efficiency. Allied sees
commercial organics collection as an important part of creating the diversion the City
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial, Solid Waste Recyclable
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I i'\~
.....-__________________________O,,-.c_~
desires Therefore we will make a determined effort to move as many customers as
possible into the program. Since it is highly likely that carts will be utilized for most
commercial organics customers throughout the City ,commercial and multi-family organics
customers will be blended in the same routes .
2.3.2 Organic Materials Processing
Organic materials (yard + food waste and food waste only
routes) will be taken to the CARTS facility ,and then transfer
hauled to Kochergen Farms Composting, Inc. for compost
processing. A letter guaranteeing processing capacity and
other information on the CARTS facility, and then transfer
hauled to Kochergen Farms Composting, Inc. is included
following this section .
Contingency Planning - Organics Processing Capacity
In the unlikely temporary event that the CARTS facility, and
transfer hauling to the Kochergen Farms Composting site
becomes unavailable to receive the City 's organic materials ,
Allied has access to other permitted facilities which accept food
scraps. Allied would direct the organic material to the CARTS
facility and then have it transferred to the alternate facility. These
facilities include company owned facilities in Stockton and San
Jose.
2.3.3 Organic Materials Marketing
Kochergen Farms Composting, Inc. will partner with Allied to
process and market the City's organic materials. Kochergen Farms Composting, Inc. has
long history of serving the Fresno area, and of producing high quality organic compost
and other materials for agricultural and other uses. These include :
Compost - The product of the process of controlled aerobic decomposition conditions for
a period of not less than 50 days ,such that the resulting material meets the maximum
acceptable metal concentration limits specified in section 17868.2, and the pathogen
reduction requirements specified in section 17868 .3 of Title 14, California Code of
Regulations, Chapter 3.1. The Compost meets the Seal of Testing Assurance Program
(STA).
Wood and Fiber Mulch - The product produced from the carbon fraction of the organic
material by composting the Organic Streams and used by contractors and landscapers to
mulch areas for the control of weeds or erosion .
Green Soil Amendment - The product produced from immature unders from the initial
organic materials pre-screening or grinding process that are not placed into windrows for
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial ,Solid Waste Recyclable
Materials, and Organic Materials Services - July 12, 2010
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composting but can be used as a weed control product or as an amendment to soil via
disking or land application.
Co-Generation Fuel -The product produced
by cleaning the coarse fraction from the
screening of composted organic materials or
grinding the carbon fraction of the organic
material prior to composting and sold to the co-
generation market as fuel. Additionally, this
product will consist of food waste ground prior to
processing and sold to digesters for fuel.
Additional information on Kochergen Farms
Composting, Inc. in included in section 2.9
Subcontractors.
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Materials, and Organic Materials Services - July 12, 2010
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schedule ,securing all funds,
Designated lead for contract
~___________________________0'''-'':_-
2.4 Implementation Plan
Allied's approach to implementing new services incorporates a thoughtful, thorough and
fluid planning process .Allied 's team of seasoned industry professionals all have
experience in contract start-ups referenced in Section 1.2 Description of Proposer's
Experience and implementation of project enhancements which will ensure each task is
completed within the identified timeframe and to the City's specifications. The
implementation team will be lead by Daniel Capener, General Manager.
Daniel Capener, General Manager
Responsible for the execution of the implementation
personnel and assets associated with the contract.
negotiations.
Darrell Reno ,Region Operations
Robin Emerson ,Operat ions Manager
Responsible for routing ,container distribution,quality control and driver hiring/training.
Michael Caprio ,Area President
Provide strategic counsel and corporate oversight.
Cascadia Consulting Group
Carolyn Dickson ,Publicity and Education Director
Responsible for public education and outreach .More information included in Section F.
Corporate MIS Department
Renee Flores DeVan ,Customer Service Manager
Responsible for hiring/training all new customer service representatives and ensuring
appropriate staffing levels during transition .Responsible for system conversion to
INFOPRO from City's current billing system .
Sharon Wan, Controller
Responsible for data conversion and auditing of customer information from prior service
provider
Allied has excellent service initiation experience as indicated in this proposal. This
experience has informed the Company 's implementation approach ;the outcome of which
is a strong focus in the areas described below :
• Collaboration :A collaborative process between involved parties assures a
smoother transition. Frequent communication is essential and Allied recommends
scheduled coordination meetings commencing upon contract ratification.
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Materials, and Organic Materials Services - July 12, 2010
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• Thoughtful, fluid planning: Utilizing the following draft transition plan as a starting
point, the implementation team will continually define and/or adjust subtasks as the
team moves closer toward the collection start date, as is necessary or optimal. It
is important to note that this Implementation Plan will be detailed according to any
Alternatives the City may select.
• Expert execution of tasks:Allied's team of seasoned industry professionals-all
personally experienced in contract start-ups and implementation of program
enhancements-will ensure that each task/subtask is completed within the
specified timeframe and to City specifications.
Transitioning from the current service provider to Allied Waste Services will be a smooth
process. Allied has successfully worked with other haulers and municipalities to
coordinate the transfer of services in the past and this transition will not be different. Upon
award of the contract, Allied will prepare a Public Education and Outreach Plan and meet
with City staff and current service providers for review. This plan will include actively
presenting to the citizens of Fresno the new improved service options, rates and detailed
standards of customer care and waste recycling performance. With agreement on the plan
and all community outreach material that has been screened by the City, Allied will begin
the implementation.A detailed implementation schedule is included within this section. In
general the major components of the plan are as follows:
Customer Service
The Customer Service Manager will hire additional Customer
Service Representatives prior to implementation for the new
services. Along with our current local staff of customer service
representatives we will be provide a program fact sheet and .
educated our Service Representatives on the new programs.
Representatives will receive press releases, newsletters,
brochures and all other program materials prior to customers
receiving them. New Representatives will receive the necessary
training to effectively assist customers. Meetings will be held with all office personnel on a
regular basis to address customer issues, questions and concerns.
Customers will be instructed to call Allied Waste Services customer phone number, which
will be prominently displayed on all public education material. Allied follows a very
detailed procedure for handling customer questions which includes:
•Customer issues are handled promptly and resolved no later than the next
business day. A history on each account is maintained in our database to assist
customer service representatives to troubleshoot and resolve problems quickly.
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• Service tags are generated by customer service and forwarded to field personnel.
Items requiring immediate attention are dispatched over the radio to the
appropriate filed supervisor or driver .Upon resolution ,service tags are signed,
dated and returned.
Driver Training
Route drivers will be trained well before the service is scheduled to begin. This will
provide drivers with time to get used to vehicles and result in minimal service disruptions .
Drivers will receive program material so they can respond to questions customers may
ask them on their route.
Container Delivery
We will make a complete assessment of containers that need replacement, and priority
will be placed on exchanging damaged,unserviceable ,or worn out carts immediately.
Delivery crews will use garbage routes for delivery purposes and deliver new carts daily
until all carts needing immediate replacement have been replaced. We will systematically
replace carts with new or reconditioned containers. Newsletters and bill inserts will
include information on the program and the collection services as specified in the Public
Education and Outreach Program Implementation Plan. Decals for existing containers
will be changed out for ones with Allied Waste Service logos and phone numbers within
the first six months of service.
Billing System Conversion
Allied has converted numerous database systems into their INFOPRO customer data
base and has become somewhat of an expert at the transition. The merger with Republic
Services gave rise to a full time staff of five people who have travelled the U.S. to manage
the merger of legacy billing systems into INFOPRO. This team of people would be made
available for this project and would initially meet with the City to assess the characteristics
of their system and map out data conversion code to move the customers into our
database. A series of checks and balances related to volume, number of containers,
service frequency and billing amounts has been established to ensure reliability of data
transfer. This along with a prescribed interm ittent service level check by customer has
minimized disruption in these conversions.
Collection Day Changes
Based upon route densities and efficiencies, the City will be given a map indicating the
proposed new collection day if a change in collection day is necessary. Customers will be
sent a collection day change postcard with the effective date at least fourteen calendar
days prior to the day change.
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial, Solid Waste Recyclable
Materials, and Organic Materials Services - July 12, 2010
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1&:/'r.x:t
~__________________________O ..-.c-...~
Public Education
The General Manager and a Public Education Coordinator will be responsible for covering
community meetings, presentations and any other outreach activities. The types of
materials and schedule for implementation will be specified in the Public Education and
Outreach Program Implementation Plan. Newsletters, bill inserts, community meetings,
city council and organization presentations, mailers,newspaper ads and waste audits are
some, but not all of the communication vehicles that will be used in the roll out.
Facilities
The Allied facility located at 5501 N. Golden State Blvd, Fresno, CA, 93722 will be the
staging area for equipment and personnel. This location also houses the administrative
offices for management and the Customer Service Department. We will maintain a toll
free telephone number for residents. This facility is also where the majority of personnel
training will take place.
Equipment
Allied Waste will order vehicles and carts with enough lead time for the equipment to be
received and working properly before being used in either City. Collection carts will be
ordered with enough lead-time for appropriate delivery to residents.
Personnel
Allied Waste will look to hire any of the displaced drivers or mechanics from the current
service provider. This will ensure that we will have drivers that already know the routes
and requirements within the jurisdiction. Next, we will transfer experienced drivers from
other routes to a given City's routes. Since these drivers will be new to the City, they will
be brought on several weeks ahead of the implementation date to be trained on the
routes.
Administrative
Allied Waste will also provide all office staff with in-house training on the details of the new
contract and work to build their familiarity with the contract requirements.
Routing
Allied Waste may not need to make significant changes to the existing routes;however
some changes will be required due to route efficiencies. All changes will be
communicated clearly and appropriately as outlined in the agreement. Route supervisor's
will review and drive all routes before start up to ensure that no significant service issues
occur. The drivers will then be given the route sheets to drive through to build their
familiarity.
Implementation Timeline
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Our implementation schedule illustrates all the major milestone tasks by line item and the
date that they will take place. The schedule is provided below. A formalized
implementation plan will be submitted to the City of Fresno within 30 days of approval of
the Franchise Agreement(s) for inclusion into the collection agreement document. This
implementation plan will be the result of a series of meetings with the City to ensure that
all of the issues relative to movement of the customers and commencement of service
have been addressed on both sides.
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Materials, and Organic Mater ials Services - July 12, 2010
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial,Solid Waste Recyclable
Materials,and Organic Mater ials Services - July 12, 2010
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City of Fresno Request for Proposal Bid File #9133-MUlti-Family and Commercial,Solid Waste Recyclable
Materials, and Organic Materials Services - July 12, 2010
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...-___________________________o·-.c-...~
2.5 Billing
Billing Cycle
Allied Waste Services has extensive experience in billing multi-family residential,
commercial and industrial customers. Our invoices state the service level of the customer
and will itemize extra charges. Commercial customers are billed monthly. Invoices are
billed on the last day of the month and payments are due on the 18th day of the following
month. Customers are billed for services to be received during the upcoming month.
To make bill paying convenient and easy for customers, Allied has an online bill pay
service which allows customers to make one-time payments with either a credit card or
electronic debit to a checking account. In the interest of conserving paper, customers who
select this option will have the ability to have paperless bills, billing inserts, newsletters,
and program announcements sent to an email account.Allied's billing department also
supports/accepts electronic funds transfers, automated recurring check or credit card
payments, payments by mail, payments made at its Fresno office, and credit card
payments by phone.
When a customer calls the office regarding a billing inquiry,Allied's CSR will first verify the
service level on the account and invoice to ensure the customer is being billed correctly.
If the service levels and rate are correct, the CSR will go into the AR screen in InfoPro and
check the customer's payment history. If the customer claims they are being billed for a
service they did not receive or do not subscribe to, a CSR will send out a Route
Supervisor to confirm the service level. The account will be credited immediately if Allied
has made an error. If the customer has made an error, a friendly phone call to the
customer will be placed to give them the opportunity to choose the service level that
matches their budget and waste generation rate. All options will be reviewed with them.
An example of a customer invoice is included on the following page.
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial, Solid Waste Recyclable
Materials, and Organic Materials Services - July 12, 2010
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3Jat F<!zIl...'d Rei
R,nn "ho Cordova.CA 9 sr"'~D'
TRICKS GYMNASTIC CENTER
Payments/A.dJustments
InvoIce
Page 1 012
Ac~oune Numb<>r
11lVOI"'l Dalo
Invelo.Numb<>r
P..Vlous Balanc.
PaymentslAdju.tmanls
Un",,1dBalanc.
Curr.nllnvcloa C".rg••
3-49220987373$
July 25,2010
0922-401166191
$208.23
-S208.23
$0.00
$206.75
.au pner!qIlgn
07/23 Payment -Thank You
Curl'9nt lnvoic&Charges
AdminfslraUve Fee
Trlclc4Gymn_Conter 4440 Marconi Ave (1..100)
SlIC'''l1IOnlo,CA
1 -fronl 1.."."(~Y"I SChad.I""SorVl..(82)
.Bt1mI:Ia
2265
CSA&41341 OAG
$1.30
$206.75
Due By:08/14110
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TRICKS GYMNASTIC CENTER
ACCOUNTS PAYABLE
4070 CAVITT STALLMAN RD
GRANITE BAY CA 95746-9460
MIlke ChecksPayable To:
ALlum WASTE SERVlCES 11922
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial,Solid Waste Recyclable
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Collection Cycle
The collection cycle for commercial invoicing is as follows:
• Automated reminder calls - When the account is 30 days past due, automated
calls are placed to the customer, reminding that their account is past due.
• Friendly Reminder Letter - Letter notifies the customer their account is past due by
45 days and to contact Allied if they have any questions. Also, If a rewards
program is in place, customer will be notified that they will be ineligible to earn
rewards until the account is current.
• Late Fee assessed - Letter notifies the customer that their account is 60 days past
due, and a late fee has been assessed.
• Seriously overdue - When the account is 75 days late, a "Seriously Overdue" letter
is sent, notifying the customer their account is severely overdue and payment is
due immediately .In many jurisdictions, this is when the suspension notice would
be sent.
•Collections Letter - Notifies the customer that payment is due within 10 days or will
be sent to collections.
•Collections - Account is sent to collections.
2.6 Customer Service Plan
Taking care of its customers is Allied's number one priority. The Company's customer-
centered service philosophy guides our business decisions. We take pride in our
customer service department and the quality, efficiency and experience of our customer
service representatives. Maintaining a high level of customer satisfaction is the
cornerstone of our success.
Customer Service Center
Allied's customer service center is located at 5501 N. Golden State Boulevard, Fresno,
CA 93722 .The 13,000 square foot office facility is located on a 5.2 acre parcel. Office
hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday.
Customer Service Staffing Levels
Allied will hire two additional full-time permanent CSRs to handle normal phone call
volumes for this contract, which will increase the current staff by 50%. During
implementation, Allied will add temporary CSRs as needed. Allied will assign two existing
full-time equivalent Customer Service Representatives (CSRs) to handle the customer
service needs of City of Fresno multi-family, commercial and roll off customers. Allied
recognizes that its CSR's play a vital role in customer satisfaction and their opinion of
Allied and the communities it serves. How Allied CSRs conduct themselves on the
telephone and how competently they handle the customer's inquiry is a direct reflection of
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the Company. Allied ensures that CSRs answer customer calls courteously, with pleasant
voices, using good diction and understandable language. Allied CSRs are trained and
evaluated on their ability to handle stressful calls without losing control of the
conversation.Management staff encourages CSRs to take ownership of customer
interactions to drive customer advocacy through process resolution skills and with
professionalism and respect.Allied's local team of CSRs receive ongoing training that in
most cases enables them to resolve issues on the spot.
Customers may obtain customer service support by coming directly to the service counter
at the center or by calling the customer service number. During office hours, a
representative is available to receive customers and the public.Allied's staffing levels
ensure that a live person will answer each phone call within five rings. CSRs are trained
to use Telecommunications Device for the Deaf (TOO) services to communicate with
hearing-impaired customers. In addition, Allied will integrate Language Line Services into
our Customer Service system, a product that provides over-the-phone-Interpretation (OPI)
service. With Language Line Services, Allied is able to offer its multi-lingual customers
the highest quality, most reliable and fastest interpreter connect time available.
The Company's unsurpassed technology platform and overall ability to handle so many
different languages makes them the ideal resource partner to provide multi-lingual
communications. In addition, Language Line provides written translation services if
needed, covering a wide range of routine customer service materials, including forms,
letters, brochures, announcements, surveys, emails, account information, etc. With
Language Line Services, CSRs will handle multi-lingual calls even more quickly and
efficiently.
Allied's phone system will handle up to 20 calls at any given time. In the rare event a
customer is placed on hold for more than 1.5 minutes, s/he will be given an option at
regular intervals to remain on hold or leave a service-related message. It is Allied's goal
that no customer be required to wait to speak to a customer service representative. After
hours, Allied has an answering machine to receive service-related messages from
customers. Customer service/dispatch personnel will field all messages for immediate
follow-up the next business day. Allied will provide the all applicable City departments
with cell phone numbers of the management team for emergency contact. At all times
Allied will have an on-call operations supervisor available to handle any emergency calls
that have been received.
Allied also employs Operations Supervisors who will be responsible for checking and
resolving field problems while maintaining contact with CSR's and responding to
complaints by customers in person or by telephone. Before a CSR handles the phones
alone, CSR undergoes an extensive training course that orients them to the general
business, to the specific services Allied provides, and to their roles and responsibilities in
meeting Allied's commitments to the City of Fresno and its residents and businesses.
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This strong training foundation is pivotal to Allied's local success at achieving below-
average call response and call waiting metrics.
Customer Service Approach
Allied 's customer service department and response
system is divided into two functional categories-
administrative and operational. CSRs will handle both
functional categories. CSR administrative responsibilities
include handling customer questions and inquiries and
providing collection schedule information .CSRs handle
service-related and complaint visits and calls with the
utmost courtesy, promptness and efficiency .They are
also trained to receive customer payments .Allied
representatives are trained in customer service techniques, know how to navigate the
required phone systems ,follow the required protocols for customer call-backs, understand
Allied's protocol and policies for responding to any service-related calls, use InfoPro to log
all calls made and received as necessary ,and process and close all work orders
produced through InfoPro.
The customer service manager or lead associate will be available at all times to handle
unusual or difficult situations. The CSR's operational responsibilities include
communication with dispatch to facilitate the resolution of general operational issues
including missed pick-ups, spillage, container exchanges or other operational issues
requiring immediate action in the field by our drivers and/or supervisors .
Basic Customer Service Principles
Allied's customer services programs are based on the following five principles that guide
its daily business operations and excellent service. These principles will also guide the
development of the customer service program for the City of Fresno .
1. Employ the highest quality personnel. Allied retains highly skilled and experienced
personnel and compensates them accordingly .
2. Ensure easy and immediate access for customers and Fresno city staff .
Appropriate staffing is critical to ensure easy and streamlined access to our
professional staff for both City residents and staff. With a high ratio of Customer
Service Representatives (CSRs) to customers,Allied's customers have as much
time with Allied CSRs as is necessary to resolve any inquiry. Allied generally has
more CSRs in relation to its customer base than the other major garbage service
providers operating in the markets it serves. All CSRs have access to email.
CSRs return City calls or emails within two hours. To expedite customer
communication, customers can launch to email off of the website; all general email
is answered within eight business hours. Additionally there is an after hours
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voicemail system. All afterhours messages are responded to as soon as possible
the following business day.
3. Ensure timely and efficient complaint resolution and follow-up. Allied has detailed
policies and procedures for our customer service systems and controls which
facilitate expeditious complaint resolution and follow-up.Allied's use of
4. appropriate methods field communication, and same-day complaint resolution goal
will translate into a timely and efficient turn-around from point of contact by
customer to resolution. All customer concerns are responded to within eight
business hours of receiving the customer's phone call or message.
5. The customer is always right Allied employees are taught to give the benefit of the
doubt to every customer even if the facts may imply customer error. For instance,
when a customer calls about a missed pick-up, Allied's CSR assures them that
their trash will be picked up promptly and thank them for calling.Customers will
receive a friendly reminder regarding setout hours in the event that the missed
pick-up was due to a late set-out by the customer. This friendly approach
generally mitigates future calls and prevents unnecessary complaints to the
Fresno city staff.
6. Train all Allied employees in customer service to ensure a high level of quality
service, every Allied employee-whether a driver, CSR, or manager-is trained in
customer service. Employees are evaluated annually on their performance in this
area. Allied's extensive training program includes annual training for CSR's and
staff. See the section on Implementation and Public Information for more about
customer service training for this contract. As a prerequisite to the following
discussion on Customer Service Standards,general information concerning
Allied's customer management system-lnfoPro,and telephone system-lnterTel.
Procedures for Handling Customer Requests and Inquiries
When fielding a call, CSRs immediately access the customer's account information on
InfoPro. The CSR can access all pertinent information, including service address, pick-up
day, rate per month, service level, and a complete history of service requests and
resolution. After determining the customer's need, the CSR will input all required
information into the customer's permanent file history and, if necessary, generate an on-
line automated work order. The timing for responding to these work orders will be as
specified in the
Collection Services Agreement
• If the inquiry is simply for information or clarification about Allied programs, the
CSR will answer the question and close the file.
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• If the request requires action on the part of Allied, the CSR will enter a work order
for the appropriate department to address the matter, end the telephone call and
produce an online work order in InfoPro, which must be closed out within two days.
Work orders are assigned priority status according to two categories:hot items,
which get handled by end of business day; and regular items, which are handled
within 2 days.
Hot note example:
A customer or driver calls in to report a condominium complex is re-tarring their parking lot
which will interfere with service that day/week.
Regular note example:
A customer calls to report a broken cart and request an exchange:will be handled within
two days,maximum.Each time a customer calls Allied, CSRs enter into a daily record all
questions and complaints;each call input includes date, time,customer's name and
address if they are willing to provide this information,and the nature, date and manner of
the resolution. Under the new contract, any calls received via answering service will be
inputted and entered no later than the following day,other than Saturday, Sunday and
Holidays,when calls will be input on the next work day. All e-mails are currently logged
and the customer is contacted within 24 hours.
Dispatch maintains a log of all orders requiring driver action. Upon receipt of the work
order needing completion that day,dispatch contacts the appropriate driver and provides
instruction as to what is needed to complete the order. In addition, each driver contacts
the dispatch after they've completed their assigned route. At this time, the dispatcher will
relay any orders the driver needs to complete and will also advise the driver if their
assistance is needed in the event of a breakdown on another route. Depending on the
nature of the customer concern, and if the issue has been flagged as a priority, the
Dispatch Office radios the Supervisor in charge of the specific route in question, who in
turn contacts the driver for resolution of the complaint.Allied route supervisors are in the
field working in their assigned area, which enables them to meet a driver at the customer's
location to resolve the issue as quickly as possible.Drivers will document all same-day
service orders on their route sheet and note each one as completed when they turn in
their paperwork at the end of their shift
Missed Pick-Ups,Late Setouts,Spills,and Litter Resulting from Collection
After processing a work order for a missed pick-up, late setout, or spills and litter resulting
from collection,the CSR will notify dispatch with specific information regarding the work
order. This information,also communicated to the route supervisor, is maintained as an
open work order until the route supervisor and/or driver radios back to the CSR that the
task has been completed.Allied will collect late set-outs (containers set out after 7 a.m.),
upon notification by the customer on the first instance of violation as a courtesy without
any additional charge.After a second instance, the driver radios the Customer Service
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Department and a CSR enters the information in the customer file to maintain a record of
late setouts and actions taken by drivers .To provide an efficient and effective mechanism
to monitor the work orders, the administrative assistant will print a summary report of all
open work orders daily and distribute such to the entire management team .The report
includes name and account number,service location ,reason for call ,time of call, and
actions being taken .Operations information will be sorted by route supervisor area and
distributed to the appropriate route supervisor for review.Customer service notes are
reviewed by an assigned CSR and all notes are closed within two business days.
Containers in Need of Repair,Replacement or Exchange
Drivers are charged with reporting all containers in need of repair .Once reported, either
by customer or dr iver,a work order is entered into InfoPro and forwarded online to the
container delivery department. Then either a supervisor vehicle or a container delivery
vehicle will be directed to the customer address for container delivery .Upon delivery of
the container, the supervisor and/or container delivery driver will note that the container
has been delivered .The work order is then closed by the operations clerk, pending sign
off by the driver and supervisor.
Improperly Prepared Setouts
If the customer sets out containers that include nonconforming materials, Allied will leave
a non-collection notice. As an enhancement and to mitigate frustration on the part of the
customer, Allied proposes to collect nonconforming materials on the first instance of
violation and leave a courtesy notice provided the non-conforming materials do not
contain hazardous materials/substances,or pose physical risk to the driver. The courtesy
notice will describe the type of instance and will warn the customer that in the future the
container will not be collected if it contains non-conforming materials .In the event of
subsequent instances, the material will not be collected and a notice will be left on the
container identifying the reason(s) for non-collection. After leaving the notice on the
container, the driver will make a note for the customer service department and explain the
action taken, which will be entered nightly by the operations clerk. The CSR fielding the
call will enter this information in the customer file to maintain a record of non-conforming
setouts and the actions taken by the driver.
Contamination and Unpermitted Waste Spot-Checks
All of Allied 's drivers undergo extensive training and on-going instruction regarding the
proper identification ,handling, tagging, and reporting of hazardous materials,
contaminants ,and other non-conforming materials found in the waste stream. This
training and education serves to reduce the chance of driver error in identifying
nonconforming materials .
Traffic Obstruction During Collection
In the event that there is a traffic obstruction that prevents collection vehicles from serving
the customer,the following steps are taken: The driver immediately reports the situation to
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the route supervisor and the Customer Service Department,identifying the problem and
the affected service addresses.The driver then proceeds safely around the obstruction
on an alternative route to continue collection on the remainder of the route .Next, the
driver discerns whether or not they believe the obstruction is temporary,where she/he will
be able to return at the end of the route, or whether collection will take place that day. or
whether a double-collection should be scheduled for the following scheduled collection
day at no additional charge. The route supervisor communicates their decision to the
customer service manager and will also radio the customer service department to inform
them of the action taken .This information will be recorded in the affected customers'files
on the CSS.
1.Customer service will attempt to contact all customers to advise them of any
service change .
2. The CSR will attempt to contact every affected service address as well as the City
to inform them of the situation ,the method of resolution,and estimated time of
collection.
Minor Service Disruptions
Allied has experienced service disruptions due to weather.While windstorms do not
typically affect the mobilization of heavy equipment,snowstorms do .Consideration for
safety and human lives come first. The operation of heavy equipment on slippery roads
carries with it heavy accountability .It is important to note that Allied places extreme
importance on making collections per schedule whenever it is safe to do so .
InfoPro
InfoPro is a fully integrated system that provides the information base in order to operate
the hauling divisions on a day-to-day basis. This system has been programmed entirely in
house, with a platform of the IBM I-Series, and the programming language of RPG. The
system is divided into several modules.The majority of the modules within InfoPro are
driven by the information within the Customer Maintenance module .There is a high level
of data flow and interaction between the different modules thus eliminating duplicate
keying in any area .At the end of the day the information that has been keyed into InfoPro
by the various users of the system is processed .At that point history files are updated ,
charges are generated for customers ,production values are updated ,container inventory
is updated,and preventative vehicle maintenance values are calculated.
The primary modules are as follows:
Customer Maintenance
This is the main customer database.Billing information ,service location,container
specification and rate information are the primary components of this module.Accounting
controls as well as collection event information is displayed.A direct link to Account
Receivable is available.Customer management information including contract
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information, SIC code ,and key contacts is stored in the service location section. The
container's routing ,disposal and billing schedule is defined. The rate logic allows for
multiple rate variations to be applied to the single container group such as; monthly rates,
lift rates ,volume rates, excess weight disposal ,minimum lifts, multiple additional rates
and supplemental service rates .Historical rate information is also retained. This
information is driven by the hardcopy service contract the sales representative negotiates
with the customer. Generally, a customer service representative keys this information into
the system. This is the only area where the information is required to be keyed in. From
the customer maintenance module, information is driven to the remaining main modules
within the system such as routing, dispatch ,sales management,container inventory,
customer service and accounts receivable. There is a separate maintenance program for
residential subscription accounts, residential contract accounts, commercial, industrial and
portable service accounts.
Customer Service
This module is used by our CSRs to allow easy access to almost any part of the InfoPro
system so that they can answer customer inquiries without forwarding calls, detaining the
customer or interrupting other staff members .Access to the customer's service history,
billing history, next service date, requested services already entered charges to be
invoices, the entire customer maintenance module and accounts receivable is available.
Call-in service requests are entered here and automatically forwarded to the dispatching
system .System issues are entered and permanently recorded against that customer's
record, which are the foundation of multiple different customer service reports .
Routing
From the information keyed into customer maintenance, a routing record is created within
the routing system for permanent routing .The routing system has been developed to
maximize efficiency through automated grid routing. Major and minor days of service,
depending on the customers service address GPS, are highlighted for ease of routing.
Route maintenance is also made easy by the search capabilities, which are included in
order to locate a service location. Transferring stops from one route to another, moving
and inserting stops are all done with a few keystrokes .The route maintenance allows for
standard service times ,distances, weights, lifts, yards ,trips and operating hours to be
entered ,to produce a baseline in which the daily route may be measured against for
productivity results. Creation of route sheets is flexible enough to allow for route sheets to
be created for today ,tomorrow, or next week if necessary. Single routes, same lines of
business routes ,or all routes may be created independent of one another and printed
independently. Route sheets may be created and sent to any other printer within region.
Creating and printing routes is solely independent of one another
Dispatch
The dispatch module allows for the real time daily dispatching of permanent routes and
container delivery routes to take place. After a route is created within routing system, the
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dispatcher can access this route to proceed with that day's dispatching activities. The
same capability of transferring, moving and inserting stops exists here as in the route
maintenance. Within dispatch, stops can be flagged as no service or blocked, additional
lifts added for a stop, call-ins added to a route, or supplemental services can be flagged
as well. Once entered, this information for regular lifts, additional lifts, supplemental
services, blocks and no service is automatically sent to the billing system for accurate
billing. Multiple system edits are in place to ensure that correct service times and weights
are keyed in by dispatchers, in order to produce accurate invoicing. These values are
also the basis of several of the productivity reports and vehicle maintenance reports on
the system. All landfill weights and times keyed into dispatch are automatically moved to
the disposal production reports and to the disposal reconciliation area. All vehicle times
and mileages entered into dispatch, flow to the vehicle maintenance module to be used to
automatically decrease the number of hours for preventative maintenance. Dispatch
information is easily accessible by the customer service function to allow for real time
information.
Route Model
The route model allows for a re-route to be done on any scale within a model without
affecting the production routes. Re-routing of one, several or all routes can be done using
the model. Moving, transferring, splitting, inserting and grid maintenance can all be
accomplished within the model. Any route activity that occurs within the production
system will be mirrored within the model. Once the routes within the model have been
modified in order to meet the requirements, they can be moved back into the production
area with no inconvenience to the route supervisors,dispatchers or operators.
Vehicle Maintenance
All pertinent information regarding vehicles are entered in this module, such as the vehicle
make, model, serial number, number of axles, axle capacity, engine number,odometer
reading, fuel tank capacity, and so forth. Preventative maintenance hours are tracked and
reports produced in order to ensure vehicle maintenance is done at the appropriate time
on the vehicle. Work done against a vehicle is recorded and broken down into labor, parts
and outside repairs. Reports can be generated in order to analyze expenses against a
vehicle, work done, mechanics hours, and fuel consumed.
Production Reports
This module includes:
• Route Analysis
• Route Downtime Analysis
• Customer Service History
• Daily Operating Summary
• Daily Fuel Report
• Daily Disposal Report
• Disposal Exception Report
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• Daily Truck / Employee Replacement Report
•Customer Service Report
• Blocked / No Service Report
These reports are used in the daily activities of the division to monitor productivity and
effectiveness.
Divisional Management Reports
• This section is made up of numerous reports that aid in the overall management of
the division. They include:
• Revenue Analysis by Service Period
• Revenue Analysis by General Ledger
•Customer Count Report
•Customer Profitability for accounts on routes with on board computers
• Manual Invoice Report
• Service History Report
• Revenue Forecast Report
• Municipal Contract Payments Report
• Franchise Commercial Billing Report
• Multiple Audit Reports
Container Inventory
The inventory is broken down into container type and size, number of containers ready for
use, required, in repair, unusable, at a remote site, customer owned, on order, being
transferred in or out to another facility, and the number currently at the customers' sites.
The container inventory system is automatically updated by the dispatching system when
container delivery / removal routes are updated in that system. The system inventory can
be reconciled to the on yard inventory at any point in time.
Accounts Receivable
The open item Accounts Receivable system is fully integrated with InfoPro and the
General Ledger. This module provides invoice tracking/aging, cash application and
collection processing. Cash is received electronically from an external lockbox company
and is automatically posted to customer accounts/invoices. The system provides a strong
query tool to aid in customer collections in addition to monthly and ad-hoc aged trial
balances. Accounts receivable invoice history is maintained for a period of twelve
months. At any point in time an invoice may be reprinted at the division.Customer
collection notices and interruption service takes place automatically but can be overridden
by associates at the division.
Invoicing
Invoice amounts for our customers are produced by the system and then transmitted to
our printing service provider. Invoicing is integrated with the General Ledger and AR. On
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average, we generate over 2.5 million invoices per month. Invoice formats can be tailored
for specific customer requirements, such as page breaks or total amounts by service
location .Included in the invoicing module are features that allow for tax and fee
administration such as Franchise, FRF,ERF ,Late and 81.
Examples of INFOPRO screens are as follows :
3/31/09 06 :50 :06
.1..se.iect
•
CRE DIT I NQU IRY
.CUSTOMER NO,TES
..I •I •~
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Phone System Features
Key features of Allied's Inter-Tel phone system include:
• Incoming phone calls are matched with database accounts and immediately
identified .CSRs are then able to quickly access a customer's service data.
Reporting applications outputs can be customized to match department and
municipal client needs. Call center reports can document indicators of efficiency
such as average wait time, maximum wait time, average talk time, and reported
collection misses. These key customer service performance measures are also
monitored daily by Allied's management team. As mentioned ,earlier, a recent
report
• System tools permits the blending of email with voice calls provide complete
historical records of customer service activity.
• Real-time performance and system monitoring is accessible to the Customer
Service Manager at all times .
Training Programs for CSRs
Training is covered in the Customer Service Training subsection below and included in the
Implementation Plan section.Forecasting appropriate staffing to manage call volume
includes consideration of the following criteria :
• Monthly peak volume call intervals (driven by billing calls);
• Event information calls (driven by questions about clean-up events);
• Scheduled CSR vacations ;
• Absentee ism projection;
• Inclement weather issues;
• Collection delays/rescheduling due to roadwork;
• Breaks and lunches (scheduled to low call volume periods); and
• Program implementation.
• The chart below displays average phone call volume distributions. To ensure that
the average speed of answer is maintained during peak call volume intervals:
• No CSR vacations are scheduled during the five days of each month that
represent the highest call volume .
• Two lead CSRs (normally assigned tasks off the phone) take calls and complete
other work after hours .
• Office staff takes calls during peak intervals.
Temporary associates are trained two weeks in advance to cover for scheduled summer
vacations and program implementation/enhancements.No vacations are scheduled the
week before or the week of clean-up weeks to ensure CSR availability to answer
questions. A forecast model is used to utilize this information to create a history which
can, in turn be used to anticipate current month volume based on call trends .
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All Customer Service staff receives quality-based performance reviews and ongoing
training in the most advanced customer service techniques. Interactive training tools and
resources for customer service managers are located on Allied's inside website. The
training program is entitled Element K and includes in-depth training modules such as
Building Strong Customer Relationships,and Customer Service Via Phone and Email .as
well as Excellence in Technical Customer Service .Each module conta ins several
components. Additionally, all CSRs are monitored for their call quality; currently, CSRs
receive five to seven monitors per month internally, where their calls are recorded ,
evaluated and reviewed with management. During the review, the supervisor coaches
employees on soft skills including courtesy, how to be more pro-active and one-call
resolution. A sample monitoring report and some Element K curricula is provided in
Exhibit CA.For this project, Allied will utilize its forecasting tools, as described above, to
anticipate the number of additional temporary and full-time permanent CSRs necessary
for the new contract based upon the final scope of work awarded .These CSRs will
receive the two-week training as mentioned above, and per the training schedule included
in the Implementation section.
Allied is known for its well organized and systematic planning and implementation of new
contacts with particular emphasis on a high degree of communication between Allied, the
City, and the City 's customers prior to, during and after the start of a new contract. With
every new contract ,Republic prepares a comprehensive program plan that details the
duties and respons ibilities among the various key employees.
Call Center Metrics
Allied is proud of the service it provides to customers. At minimum ,Allied's customer
service standards are as follows, with the goal to continually exceed these metrics.
• Maximum resolution time, from time of customer's complaint until complaint is
resolved to the City's satisfaction-All customer complaints are resolved to the
customer's satisfaction, (or a customer agreed plan exists to solve the compliant),
within twenty-four business hours of the receipt. A closed loop process must exist.
• Average resolution time -Same day-6 hours
• Maximum call center hold time-Two minutes
• Average call center hold time-)One minute
• Email and website request response times -Same day if received during business
hours ,next day if received after hours .
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Additional Customer Service Standards
1. CSRs will process and accurately enter to InfoPro,customer related
documentation,route sheets,equipment work orders and other paperwork on
a same-day basis and we will provide error-free invoices.
2.Commercial/residential on-call service is provided on the date requested by the
customer.Roll-off service requires same day service if the request is received
by noon local time or service by 12:00 noon the next day if the request is
received after noon local time.
3. Clean, decaled containers and carts are delivered and/or placed on time and
exactly to Allied customer requirements.
4.Customer site conditions left in a clean, orderly fashion - litter picked up, lids
and gates closed and locked, cans and carts are left neatly on the curb.
5. All dispatched serviced are completed on the day assigned with zero misses.
6. Professional CSR's will answer each customer phone call within 20 seconds of
the system reaching our operator or automated attendant.
These Customer Service Standards are evaluated on a regular basis. The Customer
Service Manager must report every Monday on the previous week's misses,container
management progress, unscheduled requests and the speed of answer and abandon rate
for the customer service department. The data then populates a weekly summary and
trends can be evaluated. In addition, an explanation or action steps must be provided
when a goal is not met. Examples of various Customer Service Standards assessment
forms are included below.
W l!!lctkly Result.-.Dtv II 21 .2 3 ."Operoli rlOn...GO<llr ,,,110 11 1"UJO~1:.l~"1/<10 "'.10&
COfTImt:,-elill .,_Of M PU·..;<2 per 1000 "'etVtDl PDIVID I _OW/OJ IIDNJOI #tONtOl
e.DD 0 .00 e,DD 0 .0<e,0..II R&Cl)V1!Intd <In tJrn.:100<>k 100.0 %100.0%100.0%100.0%100.0%
JioltOtt • • •
e
.3 •o r Mt.!loed H.u l.~0%...."OrvlDl _DIY/Of .DlVIOI MONIOI
....M R acQ_rod en limo :1DO%100.0%100.0%-100.0%,......,;.'OO.~
R."Ifl-an IIGl~0
••II 0 'MPU-.:<;1 per 100D «DNIOI NONfat "OlY/ol .CIVIDI "'DN/Dt
e.e 0 .00 •..e.0<....u."R eciQv .rltd o n Urn,.:100%,aO.a",100.0%100.0%100.,0%100.,""
Cont_t,.,.".M"'rh"lIQ."'It'"r •
07 Pand ln glUn. r;h a d" lo d Raqu••t.;<.1S.0 o.00 0 0 ••COtJ'tJ't1.,Cf .,.•10 ......,..·10•
•••O'T ~nlS ilCU~".c o m p te1Bd a n time :100%100 ...,14 IItO'VIOI "OIVlCI ItOIViOI MOlVtGl
J(QlIon •0 •0 e..fI D r D..r n_I1.~c:arnpUtt "d on um.I 100"/~100.0%#OlV/Ql ""01\1 101 1I0I\llDI .ONtol
Aa ....cIII,u l.1
#1.• o r T~n ••c:tlo n .c om p lf!'l ll!d o n tlt,.e:100%10 0 .0,,"MDiV/O J _DNIO!IIDIV/OI _D1V/O.t
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A""'nnnn R~1.
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9pell'a 01 Aoe_II"•
#12 A'Ver~g(t Spe~d of an$\N~r:<or =20 Sec e •0 •0
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"o t St.nd"rd.a G OA!:'2 9 .·
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DIVIsion :210 W""k Endingo:.;,:_
Operall ans
Goal :
100%It.Compl.te l 100 .0%
Score:I 'DIVJOI
II 01MPU's
It of MPU's
Customer
#Camp!eted '-_:.li.!I!.!.
Goal :
100%%CamP/ala I 100 .0%
Goa!:
<1 per 1000
Rosjd~
Rocovory:
Rol!o":
#of Hauls
#of MPU's
Go;":
0%Scor e:I #OIVJOI
Recovory :
#ofMPU's Q
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Goa/:
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113
SCore:I 'DIVJOI
/I Co mDlete<l on nrne
#oIMPU's
#ofMPU's
Recovery:
Commcrci:JJ :
Customer
Goal:
<2 per1000
Contal".,r M<lnallemenl
Cus tomer Scrvlce>
Rollo":Roo/dential:
1/ofDeliven II ofTransact
It9 #10 #Compleled
Goal:Goal :
1~~'h completcl IDIVIOI 1~%Completel #OIVJOI
PutDu,>:SAPI
Goal:
0 SAPL
.,.Complete I lIDIVJOI .
/I Complered on time
Goal:
100"/0
Commercia!:
It of Transacaons
PondlngllJnschedulod Roquosr:
GO'll :
<1SO Score:
Abandon Rete :
11 of Calls
C al!s dropped
.,2 S~~f A..,!~..er :.. .
Score:AV<l l a ~,:;;e__--l
Goal:
<or =20 Soconds
Goal:
<3 "Scola I 'DIVJO I'
Total Score
Ser.ice Stand ards
II StandardS@ Goal
SCore
Record Keeping
Allied will maintains all required records and reports in accordance with its Agreement with
the City. Daily logs of all complaints and inquiries will be retained for a minimum of 36
months. Allied will maintain and retain customer service center records which, at a
minimum, include the following customer service center statistics.
• Number of calls received and answered on a daily and monthly basis ;
• Number of abandoned (dropped) calls on a daily and monthly basis as well as the
average abandoned time (Le.,hold time before abandoning call);
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• Percentage of calls answered by a person within twenty five (25) seconds on a
daily and monthly basis;
• Number of complaints and inquiries received on a daily and monthly basis;
• Number of responses sent from the customer service department to customers on
a monthly basis, including the number and percentage of complaint and inquiry
mails or submissions through the website that received responses either 1) before
close of business on the day received or 2) by the close of business on the
following day.
Disaster Preparedness/Emergency Situations
Although a natural disaster is unlikely in the Fresno area, experience has taught us that
preparation for emergencies is important. Locally, Allied has considerable fleet depth in
order to respond to emergency situations that require additional collection vehicles, such
as in the case of an earthquake response. In the case of a larger or regional event, spare
equipment from other local divisions may not be sufficient.
As in the case of Hurricane Katrina, Allied can quickly mobilize equipment and personnel
from other collection divisions to accomplish what would seem impossible. Revitalization
of disaster planning at the corporate level occurred after Hurricane Katrina. Allied was on
site, performing cleanup work in the gulf coast region days before any governmental
agency was deployed and working. There is no way to convey in words Allied's ability to
not only disburse equipment and personnel to commence clean up of unimaginable
amounts of waste in New Orleans, but the extreme care it took of its employees and their
families during this critical time such that work could progress. The Company provided
housing, hot meals, grocery money, a stipend to every family so that their children could
have clothing and toys, and much more. In the case of Hurricane Katrina Allied raised,
primarily through its own executives and employees, over $1.5 million to sustain Allied
families during this time of crisis.
All of this would be available to Fresno should a disaster strike. As an addendum to this
Agreement,Allied is also willing to coordinate with the City of Fresno to develop a disaster
plan the City can rely on. The Company will also work with Fresno community groups
such that each can build clean up information into their respective business association,
neighborhood or homeowner's association emergency preparedness plans. The
Company is currently working on a plan for pandemic response management.
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2.7 Environmental Considerations
Clean Air Vehicles
LNG and/or CNG powered collection vehicles will be utilized exclusively by Allied in the
performance of the Fresno contact. Due to the large quantities of collection vehicle Allied
purchases nation-wide each year, the Company has been given preferential pricing for
additional ,and replacement vehicles for this contract. All collection vehicles specified for
this contract are City of Fresno or new LNG-powered trucks, and will adhere in every way
to the conditions of the agreement as well as vehicle emissions standards.
Initially, Allied will purchase the City's LNG powered collection vehicles as indicated in the
draft agreement. Later in the contract ,as collection vehicles are replaced Allied will
consider either LNG, CNG or Tier 3 clean burning diesel powered vehicles depending on
the fueling options that are available in the future .Allied has experience in bio-gas
conversion projects for converting organic materials into CNG fuel. One of Allied 's
subcontractors ,CARTS is exploring such a project, which may come on-line as the City's
current collect ion vehicle come up for replacement. Further discussion of this concept is
included in section 2.9 Subcontractors, and in section 3.0 Service Enhancements.
Fueling Station
In order to efficiently fuel LNG trucks and provide a public service ,Allied will utilize the
City of Fresno 's LNG fueling facility. In the future, Allied may consider development of its
own CNG fueling station .This provides the City a key difference between Allied and
many other hauling companies in that the station will be owned by Allied such that the
Company will receive its supply of fuel directly from suppliers without addit ional per therm
mark-ups. This being the case, Allied will provide a pump with card swipe and access to
the City such that, as the City acquires CNG vehicles for its own use, it can utilize Allied's
fuel at a substantial savings.
Hazardous Waste Management
Part of the regular training schedule for Allied 's drivers includes hazardous waste
management training. The load inspection program will include the following steps:
• Collection vehicle drivers shall receive regular training (at least four times
annually) to identify hazardous wastes and methods for handling these materials
once spotted.
• If Allied drivers determine that collection containers contain hazardous waste or
other materials that present a health or safety threat to Allied employees, Allied will
not to collect the container.
• Allied will provide the customer with written notice about the proper disposal of
such waste and a notice of non-collection attached to the collection container .If
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the hazardous materials could possibly result in imminent danger to persons or
property,Allied will contact the proper authorities including the City. If no danger
exists then Allied will reference the non-collection information in the appropriate
report to the City.
When hazardous waste is found in or near a container and the generator of the hazardous
waste can be identified,Allied will make reasonable attempts to remove and/or isolate the
material in question,subject to Allied's safety procedures,and notify both the generator
and the City of the generator's obligation to remove and properly dispose of the material.
If the hazardous waste cannot be safely removed from a container,Allied will not service
that container until the material has been removed.If the generator does not remove the
hazardous waste within twenty four hours of notification,Allied will arrange for a licensed
company to provide for the removal,transportation and proper recycling or disposal of the
material.
When hazardous waste is found in or near a container and the generator of the hazardous
waste cannot be identified,Allied will make reasonable attempts to remove and/or isolate
the material,subject to its safety procedures.On the same business day and before
disposal of the hazardous waste, Allied will notify the City of the location,nature, and
estimated total cost of the disposal of the hazardous waste so that the City may arrange
for its proper disposal or direct Allied to arrange for the removal,transportation and proper
recycling or disposal of the hazardous waste by a properly licensed company.If the
hazardous waste cannot be safely removed from a container,Allied will not service that
container until the material has been safely removed.Allied or City will not assume
ownership of any hazardous waste collected by Allied or the City.
Disposal and processing facilities utilized by Allied in the performance of the agreement
with the City of Fresno will have waste exclusion programs in place to screen for and
eliminate hazardous waste from the materials received.Allied will conduct random
inspections of loads collected and visual screenings will be conducted by the drivers
periodically.When solid waste is delivered to the transfer station or the landfill and is
discovered to contain hazardous waste, the facility's plan for load check and hazardous
waste will be followed.Allied will maintain records of load checks and copies of the
employee training records shall be maintained at contractor's facilities.
Allied's public education and outreach plan will include periodic distribution of educational
materials focused on proper handling of hazardous waste materials and elimination of
these materials from solid waste and recyclable material streams.Examples of these
materials can be found in Section 13 of the proposal.
Hydraulic Spill Clean-up
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All collection vehicles are equipped with spill kits to clean up any leaks or spills and no
fluids will be washed into storm drains or gutters at any time. The drivers are trained in
spill response on an annual basis and Vehicle Condition Reports the drivers fill out
everyday list the necessary equipment as a check point.
If a hydraulic or oil spill occurs, the driver immediately utilizes the spill kit and deploys
absorbent or spill pads as sufficient to prevent the spill from spreading or migrating to
storm drains, and reports the spill to the maintenance department. If or when a spill is
detected, collection vehicle is not moved until the source of the spill is determined and
corrected to avoid spreading the spill. A maintenance crew is immediately dispatched to
the spill location to apply additional absorbent as needed to absorb the spill.
When the maintenance crew reaches the site of the spill, a determination is made on
whether addition clean-up support is needed. If additional support is needed, the
management will call in the appropriate level of clean-up support. All absorbent is then
thoroughly swept up and placed in appropriate containers to be properly disposed of by a
licensed, permitted hazard waste disposal contractor. All hydraulic and/or oil spills are
cleaned up immediately, and clean-up materials such as absorbent, pads, etc. are
immediately removed upon completion of the clean-up.
Facility Compliance and Environmental Protection
Allied maintains a current Industrial Storm Water Permit along with a current Storm Water
Runoff Plan and employs a third party contractor who specializes in environmental
materials management (hazardous and non-hazardous)to ensure that the Company stays
in full compliance with all applicable regulations, including quarterly sampling. In addition
to monitoring storm water runoff, Allied also maintains a current Spill Prevention Control
and Countermeasures (SPCC) plan. All employees are trained in how to respond to a
spill and training is conducted annually at minimum. All trucks, including support vehicles,
carry spill kits. There are also spill kits located at the fuel island and in the shop to take
care of any spill that may occur.
Allied's bulk oil and diesel tanks are double walled, drums are kept in secondary
containment, spills are cleaned up immediately and Allied Waste maintains strong
relationships with third party contractors to assist in the unforeseen event of a large spill.
The diesel tank has an emergency shutoff switch; auto fill levers are disabled and the
entire fleet is refueled each night via a wet line service which significantly reduces the
chances of a spill. Oil/water separators are strategically located throughout the property
to ensure that no contaminates reach the water supply. These collection points are
cleaned on an as needed basis, or quarterly at minimum. To ensure that all of the above
named assets as well as our staff members stay secure, Allied operates a closed circuit
camera system that records 24 hours a day.
Examples of Environmental Enhancements
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In addition to Allied's use of alternative fuels and clean air vehicles, our commitment to the
environment is as ironclad as it is to the communities we serve. Allied's experience in
developing and operating diversion infrastructure and its commitment to environmental
stewardship provide the City of Fresno a unique opportunity to achieve its present and
future diversion and environmental sustainable goals. Allied will accomplish these goals
by developing additional recycling and diversion activities described throughout this
proposal.
In addition, Allied will constantly strive to reduce impacts of its operations through sound
environmental stewardship and by continuously investigating improvement opportunities
and new technologies.Allied's Sustainability Star is a reminder to be responsible, reduce,
reuse, recycle and renew. And, as the record indicates, Allied is feverishly engaged in
protecting today's environment for a better tomorrow and will continue to do so for future
generations.
Allied's recycling program is as robust in the maintenance shop as it is in its communities.
Allied prides itself on achieving a level of excellence that has resulted in significant
reductions in waste being generated at its facility. Everything that can be recycled is
recycled, to include:
•Motor Oil
•Hydraulic Oil
•Antifreeze
•Oil Filters
•Transmission Filters
•Fuel Filters
•Tires
•All Metal Parts
•Batteries
•Brakes
•Fluorescent Bulbs
•Office Paper
Company-Wide Environmental and Sustainability Initiatives
Environmental sustainability is Allied's business-not merely a component of its business.
The Company manages materials used by the current generation to protect and benefit
future generations. Allied works with its customers, vendors, and the communities served
to ensure environmental protection and improvement. Allied provides innovative waste
solutions to preserve and protect natural resources. This commitment is a foundational
component of Allied's business model and is put into practice in the communities Allied
serves every day.
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The Company's history and investments demonstrate this ongoing commitment to the
next generation and beyond.Allied assists its customers in managing their environmental
impacts and explore avenues to help customers meet their goals around sustainability and
environmental responsibility.Allied works to develop efficiencies for every stakeholder
and it considers the environment a stakeholder.Each day Allied works toward protecting
and enhancing the quality of the environment through researching and implementing
innovative technologies to help conserve natural resources.
As one of the nation's premier recycling companies,Allied has taken its commitment to
environmental sustainability to the next level with its own corporate SustainabiJity Policy to
demonstrate that not only does the Company understand but is also acting upon these
words:reduce,reuse, recycle, and renew.Allied's corporate Sustainability Policy,is
included following this section.Allied takes seriously its stature in the recycling industry,
and continually reviews and refines its dynamic Sustainability Policy to keep pace with the
many emergent technologies and systems available to Allied that create greater efficiency
and minimize its carbon inventories.
Allied's sustainability program centers on the theme of protecting the environment for a
better tomorrow The program centers on four elements:
1.Natural Resource Conservation
2.Operational Excellence
3.Social Responsibility
4.Economic Viability
These four elements are an integral part of Allied's business practices,policies,and
programs.The program is a commitment to the following sustainable practices:
•Affirm commitment to regulatory compliance,pollution prevention,continuous
improvement and transparency in environmental performance.
•Actively participate in local and regional sustainability partnerships and strongly
encourage and promote sustainable practices within the recycling/waste industry
and region.
•Analyze Allied operating costs and facility and operations impacts to determine
economic sustainability.
•Require all new contracts and agreements have language which supports Allied's
sustainability initiatives.
•Establish a work environment that develops Allied employee assets and stimulates
an atmosphere of innovation,productivity,pride and personal commitment to
sustainability.
•Take a leadership role in shaping sustainability initiatives that strengthen the social
well-being of the communities Allied serves.
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Allied's sustainability policy is employed fully across its operational and business functions
through its sustainability team.Educating Allied employees and customers on the above
four elements will protect quality of life and promote economic prosperity .Sustaining the
environment for tomorrow is good for the economy and environment and employing best
sustainable practices will conserve natural resources.
Gas-to-Energy Projects
For decades, Allied has captured the gas produced naturally through the decomposition of
waste and transformed it into renewal energy. The Company has gas-to-energy projects
at 75 of its landfills, providing enough energy to meet the green power electrical needs of
over 350,000 homes.Emissions reductions from Allied's gas-to-energy program is equal
to removing over 3 .1 million vehicles from the highway each year,preventing the use of
33,000 barrels of oil, and the benefits of planting nearly 4 million acres of trees.
Allied has entered into an agreement with Ameresco McCarty Energy to sell biogas from
the McCarty Road Landfill for use at Anheuser-Busch's Houston Brewery. Landfill gas is
captured,processed and sold to a local utility ,with a portion of unused biogas now
transported to the brewery through a six-mile pipeline. In San Diego, California, two
Allied-owned landfills produce green energy to power over 10,000 homes throughout the
County. And in Contra Costa County,California,a green energy facility is under
construction at Allied 's Keller Canyon Landfill that will produce four megawatts of
electricity which will be supplied to the local utility company's power grid .
In the Southeastern US, Allied has just opened the first commercial green energy landfill
facility that will provide nearly 11,000 homes in Winder,Georgia with power. This facility
will reduce over 45 ,000 tons of carbon dioxide currently released into the atmosphere.
In Memphis,Tennessee through an arrangement between Allied, Solae, LLC (a soy
protein manufacturer),Memphis Light, Gas, and Water, and CPL Systems,Inc., a system
has been developed to treat and transport gas from Allied's South Shelby Landfill to the
Solae plant. This effort will reduce the plant's fossil fuel usage by nearly 100 percent.
This project represents one of the largest landfill gas to energy projects of its kind in the
US and demonstrates that significant community benefits can be achieved through
cooperation and investment among companies .
Solar Energy Projects
As part of Allied's ongoing commitment to creating cleaner,greener communities,it has
developed a revolutionary system that allows its landfills to increase their green energy
output. The nation's first solar energy cover is in place at Allied's Tessman Road Landfill
in San Antonio ,Texas .This innovative technology applies solid science and engineering
principles, while capping closed landfills in a manner that is not only efficient and
environmentally responsible,but that generates an environmental benefit: solar power. In
Houston, Texas,
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Clean Fuel Vehicles
Allied operates the seventh largest private fleet in the US. Understanding the impact
these vehicles have on the environment is taken seriously. Over 250 units of the current
fleet of vehicles operate on natural gas and nearly 500 other clean fuel alternatives. Allied
has also worked to increase its fleet efficiency through various activities .For example ,in
Portland, Oregon, 100 percent of Allied's existing fleet relies on alternative fuel, and each
truck is equipped with timers that shut down the engine if idling for longer than five
minutes. In Washington Allied has retrofitted its fleet to cut greenhouse gas emissions by
over 33 percent. The following examples are specific initiatives that have led to increased
fuel efficiency and lower greenhouse gas emiss ions:
• Utilization of route mapping software and expert routing personnel has increased
route efficiency and reduced overall fleet size and fuel consumption .
• A partnership agreement between Allied and the Puget Sound Clean Air Agency to
install diesel oxidation catalysts on 195 units of Allied's Washington fleet has
reduced emission by as much as 33 percent. This arrangement represents the
first time the agency has funded a private sector project. It has been such a
success the agency has asked Allied to team up with it to promote other similar
private sector projects throughout the Puget Sound area.
• Upgrading fleets to include models with newer, cleaner burning engines .
Research/development of natural gas manufacturing facilities at Allied landfills to produce
gas to fuel Allied trucks and equipment. In Boise, Idaho, Allied recently converted its
entire fleet to compressed natural gas-the first such conversion in the state. The
Company also developed its only CNG fueling station, another first for Idaho.
Material Recovery Facilities
With a network of 78 material recovery facilities (MRFs), Allied is one of the largest
recyclers in North America .Allied facilities process approximately 3.5 million tons of
recyclable materials each year. Many of these facilities feature state-of-the-art
components and utilize the latest technology, such as magnetic ,fractionation ,and infrared
optical sorting devices to streamline MRF processes .
• Seattle-In Seattle, Allied operates the largest recycling/recovery facility west of the
Mississippi, processing over 1.5 million pounds of material each day. Each month,
we process more than 17,000 tons of recyclable materials .An additional 6,000
tons of construction and demolition debris are processed each month .These
materials are kept out of landfills and put back into production, helping customers
do their part and allowing others to meet their LEED certificat ion standards .
• Corvallis-In Corvallis, Oregon, Allied implemented the State of Oregon inaugural
curbside recycling program which has provided a model to many cities in search of
ways to enhance reuse and diversion .
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~__________________________0 ..-....-.....--
•Minneapolis ,Minnesota, and Plano ,Texas-Allied operates technically advanced
single stream processing facilities in these cities. Each uses optics to sort various
types of plastic containers, disc screens to separate containers from fiber,
magnets to remove ferrous ,and eddy currents to remove alum inum .Both facilities
utilize drum feeders that push material flow in an even stream onto sorting
conveyors .
Construction and Demolition Processing
Allied has also invested in MRFs dedicated to processing Construction and Demolition
(C&D) materials .These state-of-the-art facilities provide automated sorting of wood,
concrete,aggregates (heavies), office corrugated cardboard (OCC), paper, gypsum and
metals using a system of mechanical equipment such as shredders, screens, air blowers,
magnets and water tanks. C&D recycling typically results in higher material recovery
yields based on the finite variety and marketability of these materials.Almost all
recovered products have an alternate use .For example :wood as a source of fuel or
grinded for mulch ;gypsum as a supplement for agricultural applications; concrete and
aggregates for road base; fines for alternate daily cover; roofing and shingles for hot
asphalt pavement or as bitumen to be used as fuel ;OCC and metals to standard recycling
markets.
Allied is aware of the trends in C&D recycling created by commercial customers ,state and
municipal guidelines.In Chicago, Allied 's C&D operation is diverting a significant amount
of waste currently going to landfills. In San Jose, Allied 's Newby Island Resource
Recovery Park is a manual sorted C&D MRF facility and a major retrofitting project is
about to begin to enhance its recovery efforts. And, in Seattle,Allied's MRF/C&D sort-line
processes over 7,500 tons each month diverting this material from landfill disposal. In
Seattle, as stated above in the Materials Recovery Facilities subsection ,processes 6,000
tons per month of C&D materials.
Reclamation Activities
Allied has also partnered with communities and regulatory agencies to transform active
and closed landfill properties into parks ,golf courses and water reclamation areas .It is
Allied's primary mission to both protect the environment and perform as a good corporate
citizen.
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~
.....-__________________________0 ..-..;--
Landfill Reclamation Examples
•Poland Township,OH - Seventy-two acre public park that includes sports fields,
hiking trail and playground equipment made out of recycled material
•Houston,TX - The 400-acre Katy Wildlife Habitat was developed in collaboration
with the Blue Ridge Landfill as a wildlife refuge and wetlands mitigation area and is
listed with the Audubon Society
• Egg Harbor,NJ - The closed 134-arce Pinelands Park landfill was converted into
a public golf course in 2002
•Charlotte,NC - Charlotte Motor Speedway has public walking trails around the
perimeter
•Houston,TX - The Wildcat Golf Club is constructed on the closed Holmes Road
Landfill and coexists with an active landfill gas collection system
•Half Moon Bay, CA - Corrinda Los Trancos Creek Restoration project to restore a
creek, create channel stabilization and improve surrounding wetlands
• San Diego,CA - 6.5 acres of landfill property was restored resulting in the
successful transformation of coastal sage scrub
•Stockton,CA - Relocation and restoration of Little Johns Creek a major tributary
to the San Joaquin River
City of Fresno Specific Environmental Enhancements
As part of our proposal to the City of Fresno Allied will commit to the following
environmental enhancements as part of entering into an agreement with the City:
• Incorporation of specific measures noted above that are related to collection
operations (if not already in place).
•Commitment to agree to direct recyclable materials to local businesses for
processing and eventual sale
• Develop a hierarchy for highest and best use of recyclable materials in concert
with City staff and CARTS.
• Complete already initiated process for obtaining Green Business Certification
• Refine existing purchasing policies which provide preference to environmentally
preferable alternatives
• Support minimum of four local recycling/sustainability related events per year
within the City of Fresno
• Install energy efficient lighting and related apparatus throughout operations facility
on Goldenstate Blvd.
• Evaluate feasibility of carpool program for employee base
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2.8 Public Education and Outreach Plan
Allied Waste Services is committed to working in
partnership with the City of Fresno to develop and
disseminate effective, targeted public education and
promotional materials on a regular basis to all customers.
Allied Waste brings a proactive,integrated approach to its
customer communications and will use a variety of methods
to convey service and recycling messages to reach various
audiences using bill inserts,direct mail,posters,paid
advertising,media relations,special events, reply and opt-in
emails, website and other methods as appropriate.Materials
will be translated into different languages upon request.
Allied Waste has used International Contact for translation
services. Samples of public outreach material including
bilingualbrochures are in at the Additional Informationsection
at the end of the proposal. Annual estimates for expenditures related to public outreach are
included in the cost forms and are estimated to be in the range of $50,000 per year with the
first year start up estimatein the rangeof $150,000.
This media will be distributed in a variety of ways including direct mail, email notifications,
website postings, establishment of speaker bureaus at local chamber meetings, regular public
outreach at service organizations,open houses and homeowner association/multi-family
general meetings. These efforts will be supplemented by one on one meetings with our
recycling coordinatorsdedicatedto the City of Fresno commercialfranchise.
Allied is committingto participatein a manner mutually acceptableto the City and our company
in up to six community events per year. This could include the Fresno County Fair,Fourth of
July celebrations,Earth Day events and other City sponsored functions.The theme of the
participation will be diversion based and focus on how to increase the visibility of the recycling
programs.
We will implement our True Blue Looking Out for You
neighborhood watch program.This program employs the
visibilityof our drivers who are in the community on a daily
basis to assist law enforcement officials in identifying and
reporting suspicious behavior through our dispatch
department. The program has also allowed our drivers to
identifysituationswherethey can assistin publicsafetyand
assistance to the public during extreme weather events.
The adjacent photo is a real life event of a Republic
Services driver in Louisville,KY rescuing a stranded driver
from a disabledvehicleduringa flood.
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au-.___________________________tI,,-.c--~
Allied will work collaboratively with the City of Fresno to develop and implement an effective
outreach plan. Carolyn Dickson, Allied's Fresno Division,Municipal Marketing and Public
Education Specialist will meet regularly with city staffto discuss and reviewthe progress and
effectiveness of the plan and if the strategyneedsto changed.All materialswill be approvedby
the City beforethey are printed.
Working with individual commercial customers to reduce contamination in the materials
set out for collection is the one of the keys to collecting clean loads. Allied believes the
success of its commercial recycling program is due to consistent interaction with the
individual customer. Customer education and Allied Waste's involvement is vital in
meeting and exceeding diversion requirements and establishing solid sustainability
practices in the work place.
In other areas, Allied Waste customers such as HP Pavilion, Adobe Systems, Sam's Club,
Costco and Valley Crest Landscaping have benefited by partnering with Allied Waste,
each has expanded its recycling programs to include organics, single stream recycling
and implemented waste reduction programs for employees. Allied Waste was
instrumental in assisting Adobe Systems achieve "Green Business" status and continually
works to ensure best environmental practices are utilized in the collection of materials.
Allied's exemplary track record with both large and small businesses over many years of
service is due to our expansive outreach and technical assistance program to our
customers. This program includes Allied Waste and Cascadia Consulting Group staff
dedicated to performing timely and appropriate site assessments at individual businesses
to assess recycling needs.
The assessments include observing the materials flow within the business and auditing
what is being disposed. Recyclable materials in the garbage, and contaminants in the
recyclables or compostables are noted on an assessment form, and staff then schedules
time to discuss service option changes with the business manager. Allied Waste makes
the appropriate changes to service as recommended by the assessment. Copies of
waste audit forms for commercial businesses including a food waste assessment form are
included below. Similar forms will be used for assessment of material from businesses
within the City of Fresno.
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Office,Kitc hen,Bathroom,Break room,Warehouse,Receiving
Vis it Informat ion
Date of Audit :
Waste Areas Au dit ed:
[MM/DDj YYVY j Time: (HH:MM am/pm)
Customer Info rmation
Customer ID:
Customer Name:
Service Add ress:
CO ntact Perso n:
Phone Numb er:
II of FTEs
[######IIJ
[Name)
[Address]
(Fir st, Last]
(11##)11##-####
[#tt"#]
Billing Address:[Addres s 11
(Address 21
[City]
(ZipJ
Est.square feet [##1111)
[state)
Current Service Leve ls
Gilrbage container audi t key f indings
Recyclables ",
P"per and ca rdboard
Beve rage a nd other recy clable cootemers
Other re cydable p last ic
20%
0%
0%
Compostables
Preventable Waste .
Garbage.
6C%
Cornposta
ble s, 20%
Cornposteble food was te ,wood,
restroom paper towels
Reusable material
20%
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City of Fresno Request for Proposal Bid File #9133- Multi-Family and Commercial ,Solid Waste Recyclable
Materials .and Organic Mater ials Services - July 12 .2010
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B reakdown of Tasks
Task 1.Deve lop an Informational
Questionnaire
Cascadiaproposes to develop an informat ional
questionnaire bycustom izing its comprehensive Waste
and Recycling Audit Form developed and tested in cities
rangingfromSeattle to San Francisco,Livermore,and
PaloAlto.An example ofth is data collectiontool appears
inAppendixA (8 screenshot isprovided tothe right In
Figure 1}.We will workcloselywith City staff to refine
this document to ensure that it fully meets Tucson's
needs,a nd that itdocuments,at 8 minimum,the
following information foreach targeted business:
....
Figure 1
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Facility name a nd business type
Business contact information
Waste generation areas
Typeand volume ofcurrent waste stream
Current waste handling procedures
Existi ng waste infrastructure
Collection schedule for waste and recycl ables
Current waste and recyclingcollection costs
•
•
•
•
•
•
•
•
The Questionnaire will be completed bythe contractor
dur ing the walk-throughaud it {task 3}.Cascadia also will
ask each aud ited business to review the que stionnaire to
ensure its accuracy.Thecompleted Questionnaire
(TucsonWaste and Recycling Audit Form)will be
providedto the City withthe s ummarydocument s
required inTask4 be low.
Tas k 2 .Deve lop Categorica l S ite-Sp ec ific
Waste Audit Pla ns
Cily of Tu c$On
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cese eeeseee ~'-'v Ie;:;n":nf·3~3t1 :em ·::tt"'Y~~I~!,,"='r,~.r"ln:'0
Cascadiaunder stands that d ifferent business sectors
generate vastly different amounts and type sof waste ,
a chieve varying levels of recyclingsuccess,a nd face
widely different waste reduction a nd recycling
opportunities.Having conducted thousand s of largeand
smallwaste and recycling audits ina range ofsett ings,
Cascadia ha s experience workingwith a variety of
businesses from manufacturing facilities to office
buildings,strip malls, large reta ilers,e ducational
institutions,and hote ls an d restaurants.From t he
•'!.::.!.:~
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;:ifl'>~:oiIt."~;,;I~>J.l o=:l \lIi.Q'.I"Ii"'c.
Figure 2
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City ofFresnoRequest for Proposal Bid File #9133-Multi-Family and Commercial ,Solid Waste Recyclable
Materials,and Organic Materials Services -July 12, 2010
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manufacturing line to the accounting department,from boardrooms and break rooms to restrooms,Cascadia
helps businesses identify their key waste generation areas and capitalize on waste reduction and recycling
opportunities specific to their sector.
Based on this experience and knowledge of different business practices,we will develop specific plans for
each targeted business type. The categorical site-specific plans willdraw on typical protocols developed by
Cascadia. An example of these protocols is presented in Appendix.B (screenshot in Figure 2).
Againwe propose to work closelywith Oty staff to develop plans for the following business sectors:
•
•
•
•
•
•
Offices
SmallRetail (convenience stores,specialty stores,etc.)
larger Retail (department stores,markets,etc.)
Industrial Facilities
Schools
Hotels
Task 3.Conduct Business Walk~Through Waste Audits
Utilizing the Waste and Recycling Audit Form,an appropriate site-specific Waste Audit Protocol,and
Cascadia's Excel-based business audit tool, we will perform Walk-Through Waste Auditsof at least three
businesses per week. Ata minimum,the waste audit willinclude the following steps:
•
•
•
•
•
•
•
An evaluation of the current waste and recycling practices of each business audited
Documentation of current types and volumes of materials disposed and/or recycled
Inspection of the facility's historic disposal records to evaluate frequency,volume, weight, and costs
Completion of questionnaire
Review of questionnaire by business audited
Documentation of key opportunities for waste diversion and waste service reduction highlighting
associated cost savings
Identifying internal collection container needs,customer staff training needs,including number of shifts
and employees,and other technical assistance needs.
Our approach to conducting waste and recycling audits is described below indetail.The approach includes
four critical elements:the people,our hand-held audit tool,the on-site process,andproposeddeliverables.
The People-Recruitment and Training of Auditors
To complete the weekly business audits in a cost-effective and efficient manner,Cascadia will recruit, hire,
and train Tucson-area candidates.Our proposed process willinvolve the following tasks:
•Recruit local Tucson-area candidates,screen these candidates,and select an eligible pool of applicants to
interview,hire,and train. Our HR department will lead this effort working closely with local employment
agencies,Universityof Arizonaand PimaCommunity College personnel,and local environmental groups.
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial,Solid Waste Recyclable
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•
•
Train recruited outreach team through a half-day intensive in-classtraining session followed by a day-
longfield training session led by experienced Cascadia business outreach staff. Trainingwillinclude:
Background on outreach program implementation including:
program goals and background
data collection devices (e.g..tablet peS)
data tracking tools [e.g.,MS Excel or Access)
audit forms
familiarization with the City of Tucson recycling program.
Ongoing monitoring and oversight by professional Cascadia outreach staff .
Cascadia's Tools for Efficient Data ccttectlon
Cascadia has developed an Excel-basedtool to facilitate
more efficient commercial outreach activities. Cascadia
will modify our existing outreach tool for this project.
The outreach tool automatically draws from hauler
waste account records, minimizingthe data entry effort
required by outreach staff.
Figure 4
I [J
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t.nIue..lIIJ~
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....IlI ...~M ....'_~"'lNt ull ..,..._Nt............I"'·,·........"...ott ••t~.
t If-~~j.e.Iflll4 l"f"~·~.
In addition to providing a report for the business,the
tool can also summarize the results of the outreach in a
report for the waste hauler or City.This report highlights any information that was updated in the
visit,recommended service level changes,whether additional follow-up is needed,and any other information
helpful to track for the project.
Once the hauler data are available,the tool allows the
outreach staff to review the existing contact
information and service levelsfor each commercial
waste and/or recyclingaccount. If the information is
incorrect,outreach staff can flag the incorrect field and
change information directly in the form. The outreach
staff can select the business sector,which automatically
populates an average waste disposal composition
profile for the business.If the profile seems wrong,the
staff can conduct a visual waste audit and input the
new composition,overriding the default values.
Next,the calculator addresses future waste reduction
and recyclingactivities with the business. The outreach
staff selects the actions that the business is interested
in implementing from a menu of options. Thetool will
automatically calculate the reduction in waste from
these actions, based on average business experiences,
and recommend new service levels based on the
change in volume. Ifnecessary,the staff can manually
change the tool's assumptions and recommendations.
The tool produces recommendations and cost savings
estimates inan easy-to-read report for the business.
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This outreach tool efficiently generates recommendations and calcu lates cost savings,tonnage reductions,
and greenhouse gas savings from a single waste reduction and recycling site visit. It compiles useful reports
for the business and for the service provider,while streamlining information that the outreach staff need to
communicate on site with the business.
The Audit Process
Cascadia will conduct on-site waste audits at a minimum of three businesses each week during the course of
the project.The audits will identify key materials and areas of opportunity for waste diversion and reduction .
This work involves conducting a visual audit of the materials found in waste and recycling collection
containers.During the audit,our outreach specialists will provide customers with estimated cost savings
associated with improved recycling, tips on increasing recycling,recommendations on container needs,and a
list of actionable next steps.Our auditors also will provide customers with posters and brochures.and will
note the correct number of recycling carts and/or detachable recycling containers needed.Allvisits and
assistance will be tracked and reported to the City.
Prior to conducting audits.we recommend that the City send a letter to all businesses informing them of the
new program and the upcoming visit from an authorized auditor.This letter may be accompanied by program
brochures.Direct communication from the City makes contact by the outreach team more credible.
Key steps in the audit process will include the following three activities:
1.Contact business to make an audit appointment.
A Cascadia representative will attempt to identify key decision makers within each business and make the
business case for resource conservation .This conversation willfocus on the cost-savings associated with
waste reduction and recyding-a proven motivator for businesses.
2.Conduct site visit.
Once on site with the business,Cascadia's auditor willfirst confirm and update the following information by
entering directly into our tablet PC:
•
•
•
•
•
•
Date of visit
Primary contact name and information
Current service level
Historic disposal information
Current waste recycling and composting services
Materials recycled (single stream,cardboard,glass, etc.)
After entering and updating current conditions,we will conduct a waste and recycling audit as described in
the attached Tucson Waste and Recycfing Audit Form and Audit Protocol Form.During the audit process the
Cascadia auditor willvisit key sites within a business such as work stations,manufacturing/production sites,
break rooms,copy and supply rooms,cafeterias,warehouses,and loading docks. We will conduct a visual
audit of the contents of all dumpsters or carts.We will speak with office,warehouse,or purchasing managers
as necessary to understand company policies and procedures,we will document the internal collection
infrastructure,and we willtalk with employees to understand common on-the-ground practices.jf the
customer has a compactor,we will conduct visual audits of the compactor loads at the relevant transfer
station or disposal site.
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Our waste auditors are trained to recognize waste prevention opportunities.After conducting each waste
audit, ou r auditors w ill identifya listof effect ive waste prevention strategies that should appeal to each
business and result in resource savings.These strategies will address the range of concepts that fits under the
waste prevention umbrella, includingmaking production processes more efficient, improving purchasing
decisions, managing material flows,reducing toxicity,and changing designs .We wfll emphasize opportunities
that are conducive to measuring change.
We will then translate these strategies into language that appeals to each business community, so that we
are talking with them about efficiency or cost savings or supply -chain management rather than waste
prevention.We'll incorporate these messages into outreach and promotion strategies and tools designed to
pique a business'interest.Although the final communications plan willbe developed once the project is
underway, Cascadia offers the following ideas for potential promotional campaigns:
•
•
•
•
Focus on bottom-line performance results.We could develop and distribute a "Waste Prevention for
Businesses" toolk it that includes a tool for calculating the cost savings associated with s pecific waste
prevention steps and st rategies.
Provide free advertising.Recognition programs mean free advertising and a polishingof a company's
public image.Therefore,we will ensure that businesses understand that waste prevention activities can
help lead to these benefits.
Build awareness of the waste prevention program.We will seek opportunities to take the waste
prevention message to key decision makers through trade organizations such as the local chapter of the
National Association of Purchasing Managers {NAPM}.Thismight include newsletter articles,
presentations at local chapter meetings, or advertising in local trade publications.
Add a highlyvisible "save money"button on the City of Tucson's website,as well as on the recycling
and garbage sub-directories.The button would linkto a waste prevention assistance page.
Bottom line:The Cascadia team includes ind ividuals who are exceptionally skilledat helping businesses
understand and implement waste prevention strategies that are relevant to the way they do business.Our
Account Executiveswilluse direct mail, cold calls,email, and site visitsto recruit targeted bus inesses.We will
offer cost-benefit analyses,perform high-level waste audits, and work with appropriate personnel at each
company to develop a suite of waste prevention practices that can work for them.
3 .Record findings and develop r ecommendations
Asan integral element of our audit. Cascadia st aff also will note needed improvements,which are necessary
for expanding recycling:
•
•
•
Required new waste and recycling service levels.
Number of new recyclingcarts and/or containers needed.
Customer staff training needs,including number of shifts and employees .
Asa final step,we will document the findingsof the facility and/or waste audits and provide
recommendations to each business for reducing waste,implementing re-use ,and enhancing recycling.Our
recommendations willbe accompanied byan estimate of cost savings based on the difference between
waste disposal and recyclingcosts or on the experiences of other businesses,as well as relevant brochures
and other existing resources.
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We also will explore with City staff the possibility of using pledges to secure business participation in this
program.We will encourage businesses to sign this pledge to provide essential information and internal staff
resources and to respond to our recommendations in a timely fashion.
All data will be collected' on site and recorded on hand-held tablet PCS using a data tracking program in Excel
or Access.
4. Usefindingsto strengthen participating businesses
While the results of each audit are intended to lay the groundwork for city planning and build momentum for
community-wide progress, we anticipate that some businessesmay find the data useful for building and
sustaining-and even broadcasting-ongoing progress toward waste reduction goals, Businesses,like
individuals,love to be recognized for "doing the right thing."Therefore,we will draw attention to established
local and national recognition programs throughout the duration of the project.Where feasible, we can
support high-performing businesses by facilitating award applications,by spotlighting success stories through
program publications and earned media, or by developing in-building slgnage to highlight environmental
performance in high-profile businesssettings. In addition,to the extent possible, we will take advantage of
broader,industry-specific awards opportunities available through relevant business,trade,and professional
associations .
Deliverab les and Results
Within 30 days of completion of each waste audit,Cascadiawill compile the results of the audit and submit a
summary report to the Oty as well asan Excelspreadsheet,including the items listed below:
•
•
•
•
•
•
•
•
•
Businessname
Category and current service type
Commercial business' waste and recycling service provider,if not serviced by the City
Collection equipment currently in use
Generation (waste and recycling)rate in cubic yards
Recommendations to add or increase recycling quantities
Recommendations for source reduction and potential volume reductions
Implementation costs
Projected cost savings,estimated volumes and tons diverted,and GHG reductions achieved for each
recommendation
Standard report formats used by Cascadiaappear below in Figures 5 and 6.
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial,Solid Waste Recyclable
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......____________________________O ..-.c...,..,.,.~
Recommended Service Level
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,Current Costs '~,,YJQ;wo :'0;:ReSilt tilJg $;lvings Per mo nth:PEr ear ;
-,&"-'._::,:_:--------
Allied recognizes that successful diversion programs in the workplace must involve every
employee which is why all customers are provided with a comprehensive outreach
program that reaches out to each individual. Desk-side recycling boxes,multi-language
posters, brochures, fliers and "how to" kits for office recycling coordinators are provided
free of charge and whenever needed.
Allied's dedicated account managers and recycling representatives are forward thinking
and continually offer options and ideas to reduce residue and increase diversion. This
includes presentations to office staff,maintenance staff and providing frequent updates
and tips on our local website. It is our goal to educate Fresno businesses on the best
ways to become - and remain - sustainable, maintain their bottom line when it comes to
waste and recycling collection and to instill a sense of ownership and pride in keeping
Fresno green. Allied Waste is in a unique position to offer customers the greatest
opportunity to be an environmental partner in every way possible.
Multi-family
Allied Waste Serviceswill providethe following public outreach:
• Mail an introductorybrochure announcingthe new company and new services
• Mail a Customer Guide for Managers and Owners that gives an overview of all
services and encourages them to have a recycling program, offers waste audits,
posterslflyers,apartmentrecyclersand any other assistancethat may be needed
• Print a Guide for Tenants that is available for managers/owners to distribute to their
tenants to demonstrate how easy recycling can be, what can go in an apartment
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recycler and a number to call for questions and/or assistance. This brochure will be
included with the Customer Guide for Managers when it is initiallymailed out
• Provide managers with "Move-In" kitsto get to their new tenants on recycling
• Mail four (4) postcards a year in lieu of bill messages
• Mail two brochures to managers regarding a specific topic as determined by the City
-~---.",.
......."'t"~_t __*"~-_...
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Single-Stream
Commercial
Allied Waste Services will provide the following
public outreach:
• Mail an introductory brochure announcing
the new company and new services
• Mail brochures about recycling targeting
different types of businesses
• Meet with local business associations
• Conduct at least 10 training sessions on
recycling and compostables
• Produce Starter Kits for food scrap program
• Mail quarterly newsletters that will include
articles on recycling, waste reduction and reuse, food scrap program, hazardous waste
and any other information requested by the City
• Produce and distribute Recycle and Resource Guide
• Mail holiday collection schedule
• Conduct waste audits on forms approved by the City. Offer recommendations,
posters, public education materials and any other requested assistance
• Mail 4 postcards in lieu of bill messages
Allied will review plans for land use or property developments to assess the adequacy of
container enclosure space allowances for solid waste, recyclable materials, and organic
materials collection containers and the accessibility of containers by our collection vehicles.
This review will be completed by an Allied Operations Manager or Route Supervisor within ten
business days of request and receipt of project design drawings.
Handouts will also be made available to the specific city department with enclosure sizes that
includes the radius for open enclosure doors and how much clearance our trucks need.
Another handout will include recycling options and the benefits of de-construction and Allied
Waste contact information. A construction and demolition brochure will be available for
contractors and residents who are deconstructing or remodeling.It will have images of what
types of material are recyclable and explain how only 50% of the load can be garbage. Upon
discussions with the City, Allied Waste will schedule meetings with the
development/building/real estate community to educate them on recycling and waste
reductionlreuse options and to respond to any questions or concernsthey may have.
Landscape contractors and companies will be contacted to make sure they are recycling their
yard waste. Our Commercial Recycle Coordinator will provide these businesses with
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information aboutnotland filling theiryardwasteandwhat optionstheyhave.
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2.9 Subcontractors
Allied will partner with Cedar Ave. Recycling and Transfer Station (C.A.R.T.S.)for transfer
of solid waste and organic material, and recyclable material processing and marketing
services, for the City of Fresno's solid waste, recyclable and orqan ic materials .Allied will
partner with Kochergen Farms, Inc.for the processing of organic materials (green and
food waste) into compost. As noted above ,Cascadia Consulting Group will assist Allied
with program implementation and public outreach. Descriptions of the Cedar Ave .
Recycling and Transfer Station (C .A.R.T.S.)operations, Kochergen Farms, Inc.
composting facility and Cascadia Consulting Group are included below .
Cedar Ave.Recycling and Transfer Station (C.A.R.T.S.)
C.A.R.T.S.is a limited partnership established in
2003. It serves the City of Fresno and the local
surrounding area .It is permitted to receive solid
waste ,food waste &green waste. The Caglia
family owns and operates C.A.R.T.S.and several
complementary businesses, described below .The
facility will receive refuse and commercial
recyclables generated from the implementation of
the base proposal and will transfer organics ("wet")
and process "dry" commercial material generated
from the enhanced program proposed by Allied .
Our History -Three Generations of Serving the City of Fresno
Orange Avenue Disposal Company has been continuously providing solid waste and
recycling services to the City of Fresno for over 64 years. Orange Avenue Disposal
Company, Inc. (OAD) operates the Cedar Avenue Recycling and Transfer Station
(CARTS) Facility and the CARTS Concrete and Asphalt Recycling Center. Orange
Avenue Disposal Company, Inc. is authorized to conduct business in the State of
California and has a current City of Fresno Business License and a Full Solid Waste
Facility Permit from the California Integrated Waste Management Board.
Frank S.Caglia, the patriarch of the Caglia family, was born in 1912 in the humble village
of Muschito, Italy.Frank, the oldest of 12 children ,migrated to the United States with his
parents and family by way of Ellis Island and settled in Fresno. Years of hard work and
community service have allowed the Caglia Family to become an integral part of the
development of Fresno. Fresno has provided a home for three generations and several
businesses that take pride in the strong work ethic and high level of integrity that has set
the Caglia's businesses apart over the past seven decades .
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Electric Motor Shop
When Frank was a young man he began working at the Electric Motor Shop. Early on, he
began buying ownership interests in the business.Originally started in 1913,Electric
Motor Shop today is one of the Valley's premier electrical contractors and electrical supply
wholesale houses. No one would have predicted this small business would someday
develop into a well-known,highly respected Fresno landmark .Richard Caglia,Frank's
son, has been the General Manager of Electric Motor Shop for 30 years and two of his
sons work for him today. Frank 's daughter,Sally, has been the Corporate Secretary for
the last 20 years. The Electric Motor Shop has also been fortunate enough to do
business with the City of Fresno over the years.
Warnors Theatre
This Fresno landmark originally opened as the Pantages Theatre in 1928. With its Italian
Renaissance style, it is one of the most ornate buildings of its kind in Fresno .It has been
home to some of the most incredible Broadway shows Fresno has ever seen. The
Warnors almost met the wrecking ball in 1973 but was saved and lovingly restored back to
its original splendor by Frank Caglia .Today, the Warnors Theatre sponsors many
community events and fundraising activities championed by the Caglia's for the good of
Fresno.
Gateway to Fresno - Van Ness Arch
Community redevelopment and community pride are Caglia trademarks .Frank has
restored the gateway to downtown Fresno with classic signage and enduring hope.
Bringing downtown Fresno back to life is now the passion for Richard Caglia II,Frank's
grandson,and the third generation of Caglias to promote Fresno 's welfare.
Orange Avenue Landfill
Frank's father-in-law bought the old City Landfill from Rossi Disposal Service in 1939. In
1941, Frank purchased the landfill and created Orange Avenue Disposal to perform
operations .Long before recycling was in vogue, Frank and his seven children, Joe,
Richard, Sally, Vince, Mary Ann, Bernadette, and Rosemary were taught the value of
resource conservation at an early age. Frank became quite a collector and has a
warehouse of antiques and props that have been used at numerous community functions
over the years. The landfill was transformed from a typical dump at the time into a landfill
with all the necessary permits.Orange Avenue Disposal has always participated in
'Keeping America Beautiful'and offered services to keep Fresno clean as part of the
'Fresno Beautiful'campaign in the sixties. Years before Earth Day,Orange Avenue
Disposal provided free admission on April 22, 1967 for one truck load of litter to be
dumped .Frank's eldest son, Joe, ran the landfill in the seventies and eighties .Vince
Caglia has been the General Manager for the last 17 year s.
The landfill will be closing soon and Frank's dream of having the top of the landfill a vista
point for the people of Fresno is becoming a reality. The closure plans are being prepared
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for the landfill ,but the area will bring new life to the community by offering a park-like
setting and picnic grounds overlooking downtown Fresno and the surroundings.Sally
Caglia-Martinez will be presenting plans to the City soon to host functions on top of the
closed landfill.
Industrial Waste &Salvage
Joe Caglia started Industrial Waste &Salvage in 1971 to collect construction and
demolition materials and commercial waste to be recycled or disposed at Orange Avenue
Landfill.Vince has expanded operations to include additional roll-off trucks,front-end
loaders for commercial material collection ,and automated residential trucks. IWS will be
bringing their material to the CARTS Facility for recycling.IWS has been servicing the
City of Clovis commercial recyclables for over 14 years.
Cedar Avenue Recycling and Transfer Station
The CARTS Facility represents the next generation of solid waste and recycling facilities .
Frank took over the old City Landfill with such an entrepreneurial fervor and strong
conservation ethics that the landfill will have maintained capacity for 90 years before it
closes in 2007 due to his aggressive salvaging and recycling.Nathan Caglia, Frank 's
grandson ,is the General Manager of OAD Recycling Center.Richard Caglia II is the
Director of Corporate Affairs.The next generation of Caglia looks forward to providing the
same entrepreneurial spirit at the CARTS Facility and the CARTS Recycling Center where
65% of all material will be recycled ,and where landfills may not be needed in the future .
Orange Avenue Disposal Company,Inc .is fully permitted to receive the materials
contemplated under this proposal and has been involved with all aspects of solid waste
management and recycling including collection,hauling,processing,marketing and
disposal as highlighted below:
:--4'
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Operation Years Business Function
Orange Avenue 64 years •Disposal of non-hazardous solid waste
Landfill •Salvaging of metals and recyclables
•Reuse of materials
•Marketing metals and recyclables
OAD Resource 64 years •Processing and recycling of construction and
Recovery Operations Demolition materials processing
•Processing and recycling of commercial
waste
•Marketing of metal, wood chips, baled
cardboard, and recyclables
Industrial Waste &32 years •Collection and transportation of non-
Salvage hazardous commercial and industrial wastes
•Collection and transportation of recyclables
•Residential collection
CARTS Concrete 14 years •Processing and recycling of asphalt and
and Asphalt concrete
Recycling Center •Marketing of CALTRANS Class 2
specifications base rock
Cedar Avenue 4 years •Processing commercial materials
Recycling and •Processing C&D materials ,self-haul
Transfer Station materials, and Operation Clean-up materials
•Transferring solid waste to a permitted
landfill
•Sub-contracting the transportation of solid
wastes
Orange Avenue D isposal Company, Inc .,together with CARTS Recycling Center and
Industrial Waste & Salvage and Cedar Avenue Recycling & Transfer Station L.P. employs
117 individuals from the community. The Electric Motor Shop employs another 124
people. There is little turnover and much mutual respect among the staff members.
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Kochergen Farms Composting,Inc.
Allied will partner with Kochergen Farms Composting, Inc. for processing and marketing of
the City of Fresno 's organic materials. The following is a description of Kochergen Farms
Composting ,Inc .'s operations and management.
Kochergen Farms Composting ,Inc.
P.O. Box 11006
Fresno, CA 93771
Mission Statement
The rrussion of Kochergen Farms
Composting, Inc. is to produce and
distribute biomass fuel and high quality
compost for use by San Joaquin Valley
agricultural interests and the general
public .
The company is committed to producing
products in an environmentally
responsible manner while providing its
employees a safe work environment. Respect and appreciation of the ethnic and cultural
diversity of the company's workforce is a cornerstone policy of Kochergen Farms
Composting, Inc.
Products and Services
Kochergen Farms Composting, Inc. produces and markets high quality organic compost
for agricultural and commercial end users. Composting is the process of the natural
breakdown of organic matter that results in the production of a rich soil amendment.
Compost adds nutrients to the soil beneficial to the growth of food and non food crops.
The compost produced by Kochergen Farms Composting, Inc.has undergone extensive
testing by the Organic Materials Review Institute (OMRI) and is listed in that organizations
records as producer of compost that can be used in organic farming operations .Not all
compost is so certified .Kochergen Farms Composting, Inc.also is a member of the U.S.
Composting Council. This organization is responsible for assisting companies to produce
and make compost and related products .
The compost produced and distributed by Kochergen Farms Composting, Inc.does not
contain bio-solids which is the waste from municipal sewer treatment plants. Some
believe that there is human health risks associated with the use of compost containing bio
solids. The application of compost to farmland has additional benefits such as reducing
the amount of water required for irrigation .Compost holds moisture in the soil and deters
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rapid evaporation.Water supplies in California are critically short and the use of compost
reduces agricultural demand for the precious resource.
The facility will receive and transfer green waste which includes, but is not limited to lawn
clippings, branches, pruning material, stumps, leaves and tree trimmings.It also receives
pre and post consumer food material from supermarkets,packinghouses and other
commercial sources.
Management and Personnel
Mike J.Kochergen-President,Kochergen Farms Composting,Inc. Mr.Kochergen is
responsible for all overall operations. He establishes company policy and formulates the
corporate vision. Mr.Kochergen was born and educated in Fresno County and supports
local civic and charitable activities.
All Valley Environmental Inc., a food facility grease interceptor pumping service, is also
owned by Mr. Kochergen. Since 1997, All Valley Environmental,Inc. has provided grease
interceptor service and grease material disposal for government institutions and
commercial food establishments statewide.
Eric Espinola-General Manager of Kochergen Farms Composting,Inc. Mr. Espinola
graduated from Fresno State College in 1994 with a B.A.degree in Business
Administration.He has 16 years experience in the handling and processing of solid
waste.
A majority of Mr.Espinola's time is devoted to management of the operations and sales.
Because of the business expertise and educational background,he is responsible for
developing the company's marketing plan.
Summary
Kochergen Farms Composting,Inc. is an established company that has refined the
compost production methods that produce a high quality soil amendment.The product
has been listed by ORMI (Organic Materials Review Institute) as having satisfied their
strict standards. They are able to manage both dry and wet organic material streams at
their Fresno and Avenal locations and are fully permitted to receive various types of
organic materials from the City of Fresno including food waste.
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Cascadia Consulting Group
Allied will work closely with Cascadia Consulting Group, a local and well recognized
leader in designing, implementing, and evaluating waste prevention and diversion
programs for the commercial sector. Cascadia has worked with the City of San Jose and
a number of other local cities as well as Santa Clara County on Zero Waste initiatives,
recycling, and other waste management issues. Contact information is as follows:
Cascadia Consulting Group
Main Office
1109 First Avenue, Suite 400
Seattle, Washington 98101
Telephone: (206) 343-9759
Fax: (206) 343-9819
Local Office and Contact
San Jose Office
1046 West Taylor Street, Suite 208
San Jose, California 95126
Telephone :(408) 249-0691
Fax:(408) 249-0681
Contact: Richard Gertman
Cascadia is pioneering a sustainable future by providing consulting services on issues
related to the convergence of people, business and the environment. Cascadia is
subcontracted to work with Allied, exclusively, through the term of the City of Fresno
commercial contract. Cascadia will leverage their experience and creativity to ensure that
Allied provides the highest quality resource management and diversion programs,
prioritizes Fresno's Waste Reduction and Sustainability initiatives,establishes
documentation and reporting protocol, provides technical assistance to individual
businesses and other services. In particular, Cascadia will assist Allied in its Outreach to
businesses and with Tracking &Reporting Services. A description of this follows:
Outreach to Businesses
• Develop priorities and an annual schedule for providing technical assistance,
based on providing services to large, medium, and specialty customers that are
designed to achieve the dual objectives of materials diversion and increased
participation across the commercial sector .
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• Meet regularly with Allied Waste Services to discuss the results of the in-field
service verification process for customers 'accounts that could affect outreach and
technical assistance.
Tracking and Reporting Services
Cascadia will track the following :
• Record all customers contacted by Cascadia, primary contact information and type
of service provided.
• Interface with Allied's customer database and related information systems
technology and protocols. Use the Allied Waste Services database to track and
input customer interactions made through the commercial technical assistance
work.
• Maintain all information gathered from customers as confidential.
• Store project documents such as customer site and service recommendations, to
make available to the City of Fresno as required.
Cascadia's mission is to make a difference-for its clients ,and for the environment.
Cascadia strives to accomplish this mission by:
•Focusing first and foremost on our clients.We strive to fully meet needs and
exceed expectations every time with every client.
•Performing the highest quality objective work.Our commitment to producing
the highest quality products and services for our clients is, and will continue to be,
the key to our success.
•Fostering creativity.We emphasize finding creative, inventive ways to solve
problems and implement solutions .
•Creating a work environment that is respectful,fun,engaging,diverse and
rewarding.Fostering these dynamics contributes greatly to our effectiveness and
happiness .
•Maximizing the contribution of each staff member through training,
mentoring and the efficient,effective use of technology.We strive to do the
best we can with limited time and capital resources .
•Balancing corporate profitability with personal pursuits and community
involvement.
This mission statement serves to guide our actions and decisions so that ultimately we
can be the best at what we do and so truly make a difference in this world .Background
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and contact information for key individuals who will be involved with the City of Fresno
program follows :
Richard Gertman
Principal
richard@cascadiaconsulting.com
(408) 249-0691
Richard was the Principal and founder of Environmental Planning Consultants, and brings
nearly 40 years experience in the solid waste management field to his role at Cascadia.
His expertise includes developing and implementing innovative source reduction,
recycling, composting and market development programs; designing materials recovery
facilities; assisting communities in the procurement of garbage ,recyclables and
compostables collection and materials processing services; and developing and analyzing
appropriate rate structures in a system with declining revenues .Recent clients include
the Cities of Cupertino, Los Altos, Morgan Hill, Oakland, Palo Alto and San Jose, Santa
Clara County, and BIOCOR.
Richard has previously worked for R.W. Beck and Associates, the City of San Jose, the
Davis Waste Removal Company, and the California Waste Management Board. He
currently serves on the Board of Directors of Californians Against Waste and on the Santa
Clara County Solid Waste Technical Advisory Committee. Richard is an instructor in the
California Resource Recovery Association Professional Certification Program and teaches
courses on Rethinking Wastes, An Introduction to Recycling, and Business Recycling
Tools. Richard is widely published and has given numerous presentations on solid waste
management and recycling issues. He has a BS in Geology and a MS in Geology and
Paleontology, both from Tulane University. Richard is a workaholic, but loves to garden
and care for birds in his spare time.
Amity Lumper
Senior Associate
amity@cascadiaconsulting .com
(206) 449-1111
With nearly a decade of experience, Amity leads Cascadia's work with a range of U.S.
brands including Adobe Systems, The Home Depot, Starbucks Coffee Company, and
Kimpton Hotels. In addition, Amity has provided services to many of the country's
greenest municipalities, including the cities of Seattle ,Los Angeles and Oregon Metro .
Amity leads comprehensive sustainability assessments, carbon footprints ,waste audits,
surveys and business technical assistance. As a result of her work, roughly 6,000 fewer
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial,Solid Waste Recyclable
Materials, and Organic Materials Services - July 12, 2010
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tons of waste are being disposed, 6,400 tons of GHG emissions mitigated, and 35 million
sheets of paper saved each year.
Amity has served on the Washington State Recycling Association board since 2005 and is
the current board president. She is on the advisory board of the Seattle Chamber
Sustainability Comm ittee and is a member of the International Facilities Management
Association, the California Resource Recovery Association and the EPA West Coast
Climate Forum GHG Inventory Workgroup .She holds a SA in Chemistry with a minor in
Economics from Seattle Pacific University (2000) and a Masters in Sustainability and
Leadership from the Siekinge Technical Institute in Karlskrona, Sweden (2005). In her
spare time she sings in a gospel choir, tends to her veggie garden at home and enjoys
scenic bicycle rides throughout the beautiful Northwest.
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial, Solid Waste Recyclable
Materials, and Organic Materials Services - July 12, 2010
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OA......uc~~--------------------------
3.0 Proposed Enhanced Services -Two Container -"Wet-Dry"Collection
After carefully considering the most efficient ,and most cost effective collection system
that would provide the benefits of the highest diversion rate, combined with ease of use
for the customer, Allied will offer a wet-dry collection and processing system. The
collection system seeks to identify businesses that will produce all or segments of their
waste stream that will fall into either "wet" (Le.,organic material) or dry commercial
material that can be processed on the commercial sort line at the CARTS facility. One or
two containers, depending on the percentage of material generation of wet vs. dry, will be
deployed at a given location and the service will be routed with other like materials to
maximize the processing and material value of each stream.
Program Advantages
Advantages of implementation of such a program are as follows:
• The wet / dry collection system provides the opportunity to reduce the number of
collection vehicles and route mileage as compared to a standard two container
system.
• The wet/dry collection system provides an increased level of convenience to the
Customer in that in some cases may not require the need to sort recyclables from
the refuse as long as it is dry. Recognition of what is wet vs .dry is easier than
determination of whether a given material is recyclable or not. In short, they no
longer need to be able to figure out if something is recyclable, compostable or
garbage, they only have to figure out whether it goes in the wet or dry bin .
• Unlike residential service accounts that almost always dispose of significant
quantities of organic materials, many businesses do not generate sufficient
quantities of compostable organics to require a separate collection container. For
many office based businesses, the minimal wet-organic materials discarded are
paper towels from bathrooms, and occasional snack, birthday party or lunch
leftover. These can be placed in the "dry"container and sorted at the CARTS
facility without interference with the sorting equipment or end quality of the
material.
• For businesses in buildings where food is sold or processed ,in order to attain a
75% diversion rate it is essential that one container be provided for organics
collection, and a separate container for collection of dry recyclables. For these
businesses, the wet materials containers and dry materials containers will have to
be sized appropriately for the service needs of the building.
• Implementation of a wet - dry collection program will ensure that everything
collected is run through some form of processing mechanism and will have the
opportunity for recyclable materials to be removed from the material. Programs
that have been successfully implemented have achieved a nearly 80% diversion
rate when proper public education has been performed up front. We estimate that
30% of the material to be collected will fall into the wet fraction and the remainder
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial ,Solid Waste Recyclable
Materials, and Organic Materials Services - July 12, 2010
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of the material will be deemed dry. This number will be refined as initial routing is
prepared through our Route Editor software and on-site waste audits.
• Businesses will be routed initially by SIC code and then further refinements will be
made during waste audits and evaluation'of loads as they are delivered to the
transfer station .As noted above, this will consolidate routes and minimize vehicle
mileage and travel time .
• Depending upon the availability of information and timing of contract award the
collection program could be started out in the base service package and
transitioned to a wet-dry program within 3-6 months of the beginning of service.
This will substantially increase the City's diversion rate from their commercial
waste stream within a few months of program start up.
• Costs for collection of commercial material in this format are estimated to be lower
as value is actually mined from material that previously was sent to the landfill for
disposal. Our cost proposal represents this savings which is in the range of 5-7
percent per quadrant.
Processing and Marketing Strategy
The processing and marketing of recyclable materials from a wet-dry collection system is
similar to the processing of recyclables from a standard refuse and commercial recycling
system. Organics that are collected as wet materials will be placed in a separate holding
area and transferred initially to the Kochergen Farms composting facility in Avenal.
Depending upon the City of Fresno's desire to move material into their Waste Water
Treatment Plant Digesters, the wet material could be pre-processed and ultimately
delivered locally for power generation .
The dry material will be placed on the commercial sort line which will remove fiber, metal
products (ferrous and non-ferrous), containers, wood and fines much the same as it does
for the existing commercial recyclable material. Marketing of these materials will be to the
same markets currently utilized for the facility .
Wet-Dry Collection Methodology
The wet-dry, wet-dry collection methodology incorporates the same collection vehicles
and employs the same collection scenarios as the multi-family and commercial, solid
waste, recyclable and organics collection systems discussed earlier in our proposal. The
main difference is that customer education and outreach will need to enhanced, and is
critical due to the change in material mix and to minimize contamination having similar
collection needs. The existence of SIC data for existing customers will be critical in
making the initial pass for routing purposes .Customer and load specific data will be used
to further refine routing methods as the program matures.
Collection will be provided up to seven days per week according to customer preference
as in the earlier discussed programs .Consistent with the other collection programs, the
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial, Solid Waste Recyclable
Materials, and Organic Materials Services - July 12, 2010
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same vehicle servicing these multi-family and commercial customers will serve the City's
street cans in order to produce efficiency.
In addition, for operating efficiency and economies ,Allied Waste will integrate commercial
and multi-family collection .In all cases, Allied Waste will identify the correct equipment to
service commercial customers based on individual location and unique characteristics .If
the customer requests carts, each customer will be given their choice of using a 64 or 96
gallon cart. If the customer requests bin service, they will be offered t-to 6-cubic yard
capacity solid waste bins and/or 10 to 40 yard drop boxes or compactors to suite
individual needs or service requirements.
Existing Wet Dry Programs
Allied is in the process of implementing a full scale wet dry collection program in the City
of Fremont for their commercial material. The program has been routed using our Route
Editor package and SIC information and should be fully implemented by October 1. The
City of San Jose is also in the process of implementing similar programs. Several pilot
programs are in place within numerous cities serviced by Allied in Northern California .
The collection system will work and simply takes multiple repetitions to refine the routing
so that like materials are collected together.
Organics Preprocessing for Delivery to Anaerobic Digester at Fresno WWTP
Allied is also proposing an alternative for the processing of organic materials .All suitable
organics materials (typically food waste) will be delivered to C .A.R.T.S.,where it will then
be pre-screened for contaminant removal and sized correctly .Allied will then transport
the feedstock to the Fresno Waste Water Treatment Plant for feeding into its digesters .
Methane produced from this process would be converted to electrical power using existing
co-generation infrastructure at the Fresno. Allied
understands from the Fresno RFP documentation that
the tipping fee at the Waste Water Treatment Plant
could be as much as $40 per ton. Allied 's Newby Island
Resource Recovery Park already has an existing
relationship with East Bay Municipal Utilities District
(EBMUD) in Oakland to receive preprocessed food
waste as feedstock for their digesters .
This alternative option would require the installation of some pre-processing equipment at
C .A.R.T.S.,but would enable the City to receive a significant amount of fees as the
commercial customers became fully engaged in the program .Based on a $40 tip fee and
the generation of 15,000 tons per year of feedstock, pursuit of this option could generate
upwards of $600,000 per year of funding for infrastructure improvement. While there will
be a need for capital investment on the front end to construct receiving and in-feed
infrastructure, this investment could be recouped in a relatively short period of time
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial. Solid Waste Recyclable
Materials, and Organic Materials Services - July 12, 2010
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through the tip fee or an upfront capital investment by Allied that could be worked into the
rates.
The proposed rate structure for the wet dry collection methodology is representative of the
costs associated with delivery of the material to the POTW net of tip fees at the plant.
That is ,the cost of transfer and processing of the food waste at the Kochergen Farms
facility is roughly equivalent to the cost to pre-process the organics prior to delivery to the
POTW. The obvious advantages of the program are the generation of fees for plant
upgrades as well as completing the cycle of power generation from materials collected
within the City.
A detailed description of the pre-processing requirements for the material is provided
below. The first description covers organic
material that is completely commingled and is not
simply limited to food waste. The second
scenario described is one in which food waste is
separated and is virtually free of contamination at
the source much like the program we have
implemented in Central Contra Costa County.
This scenario is more cost effective and much
simpler on the pre-processing end but much
more difficult to achieve high quality material on a
mass scale.
This initial scenario for preprocessing involves separating the organic material into three
fractions: wet organics, dry organics and inorganic materials. The wet organics fraction
would be prepped for a "wet anaerobic digestion process" such as the City of Fresno
POTW. The dry organics fraction would go to the Kochergen Farms windrow composting
system. The inorganic fraction would be diverted to the CARTS commercial recycling
processing line for recovery of any stray recyclables.
Source segregated wet organic material derived out of the various streams will be
deposited on the tipping floor. A skid steer will conduct a basic floor sort to remove any
noticeable prohibitive items (i.e .,structural steel ,concrete ,large rocks ,chains, etc).The
remaining material will be top loaded into a shredder. The shredder will reduce the
material to a 6-8 "minus particle size through a slotted screen system .The shredded
material will be deposited into a custom designed and fully enclosed paddle conveyor that
will discharge its contents onto an inclined conveyor. The inclined paddle conveyor will
discharge onto a perpendicular reversible paddle conveyor.
A powered ferrous metal magnet will be mounted above the discharge/head pulley of the
inclined paddle conveyor to recover ferrous metals in flight. The remaining material (now
metal free) will be directed by paddle conveyor to parallel Custom Designed Material
Separators that will reduce the remaining wet organic material to a paste and separate out
the remaining larger inorganic materials (dependent on screen size) and flexible organic
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial, Solid Waste Recyclable
Materials, and Organic Materials Services - July 12, 2010
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materials (larger sheets of paper, wood and plastics). The wet organics will be
transferred via conveyor to a bunker or loaded directly into a transport vehicle. The
separated inorganic materials and flexible organics will be further separated by a tertiary
screening process with the two streams destined for windrow composting or further
processing at the Kochergen Farms or CARTS facilities .
The second scenario involves extensive public outreach to food waste producers and
generation of a highly uncontaminated product that can simply be sized and shredded and
placed into a transport vehicle for delivery to a POTW. As
noted previously, the POTW will need to be equipped with
infeed conveyors to feed the processed food waste into the
digesters which will require some initial capital investment.
Both approaches are proven to provide suitable feedstock and
our public education experience has been in place for a
sufficient amount of time to believe the programs will be
successful. It may be prudent for the City to approach the wet-
dry alternative in such a manner that utilizes the composting
option first and then develop a plan for ultimate acceptance of
the wet organics at the POTW once the wet - dry routing has
been in place for a period oftime and the routing refined.
Excellence in Recycling Rewards Program
Allied Waste ,in conjunction with the City of Fresno will
sponsor an Excellence in Recycling Rewards program to
educate, encourage and enhance recycling diversion with
multi-family and commercial customers. Throughout the
year on a quarterly and annual basis ,multi-family and
commercial recyclers will compete in a Recycling Challenge
to promote and increase recycling. Selected accounts will
be reviewed by Allied's recycling team to determine the
amount of waste diverted from the waste stream and
allocated for reuse through recycling operations .Every
quarter, Allied and the City will evaluate accounts meeting the diversion requirements and
award those customers from multi-family and commercial businesses that have shown
improved recycling efforts. Those recognized for Excellence in Recycling will be awarded
$10 gift cards from participating local Fresno businesses .At the end of each year ,there
will be an annual winner selected for both multi-family and commercial recyclers. Each
Recycler of the Year will be awarded with a $100 gift card along with the Allied
Sustainability Star trophy.
Objectives
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City of Fresno Request for Proposal Bid File #9133- Multi-Family and Commercial, Solid Waste Recyclable
Materials, and Organic Materials Services - July 12, 2010
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1.
2.
3.
Goals
1.
2.
3.
Educate multi-family and commercial customers on products that are
recyclable .
Encourage multi-family and commercial customers to reduce and reuse
products to eliminate waste material from the solid waste stream .
Establish Fresno as an innovative leader in recycling and sustainable initiatives
in the Central Valley .
Increase recycling diversion among multi-family and commercial customers.
Increase knowledge of products that are recycling and reusable.
Establish business partnerships and economic development through use of
rewards beneficial to the local economy.
Recycling Challenge.The Excellence in Recycling program will begin with an education
program jointly coordinated between Allied Waste and the City of Fresno using the
following outreach strategy:
1. Direct mail communications to all multi-family and commercial customers
announcing program and explaining criteria for rewards .
2. Media announcement with a joint press release and media event between
Allied Waste and the City.
3. Radio advertisement and newspaper on line ad announcing program and its
goals.
After the initial communication outreach announcing the program,Allied's recycling team
will begin identifying rnulti-farnity neighborhoods and commercial businesses to be
evaluated and scored for recycling enhancement goals. Every month, multi-family and
commercial customers will be evaluated to determine the level of recyclables being
disposed in the waste stream.Customers will be notified if they are mixing recyclables
with the solid waste stream and offered information to explain the importance of
separating recyclable products from the solid waste stream. Customers will also be
offered, where appropriate, waste audits to determine the current level of service and if
changes may be necessary to meet the City 'long-term waste management goals.
The second visit to identified customers will result in a selection of the quarterly winner
and a letter of congratulations distributed to the customer acknowledging the award. The
communication will be a joint letter from both Allied Waste and the City. It is Allied's
recommendation that quarterly winners be presented the gift cards during a selected
council meeting each quarter.
The multi-family and commercial Recyclers of the Year will be selected utilizing a monthly
evaluation where the initial review will result in a communication to the customers
explaining the importance of separating recyclables from solid waste and offering waste
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial.Solid Waste Recyclable
Materials, and Organic Materials Services - July 12, 2010
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audits to determine current service levels and if adjustments in service levels are
warranted or should be considered.
Allied would propose that multi-family and commercial recyclers of the year be recognized
annually during a city council meeting where the $100 award is presented .Along with the
financial reward, the Recyclers of the Year will receive the Allied Sustainability Star trophy
in recognition of their diversion achievement. Recyclers would also be featured in the
community newspaper with a news story celebrating their accomplishment and Recycler
of the Year status.
Awards.Reward categories will include the following:
A.$10 gift cards
B. $100 gift cards
C. Recycler of the Year Sustainability Star Trophy
D. City Council recognition
The Excellence in Recycling program is designed to not only encourage a culture change
in recycling attitudes and educate multi-family and commercial customers on materials
that can be recycled, but to stimulate economic activity and business partnerships by
making recycling and diversion activities rewarding, fun and a common practice in the
community and neighborhoods in the City of Fresno.
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City of Fresno Request for Proposal Bid File #9133- Mult i-Family and Commercial, Solid Waste Recyclable
Materials, and Organic Materials Services - July 12, 2010
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial, Solid Waste Recyclable
Materials, and Organic Mater ials Services - July 12,2010
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4.0 Rate and Cost Proposal
Allied's cost proposal for the base and enhanced services in all four collection quadrants
is attached. We have offered an added incentive for the City to take advantage of our
innovative approach to collection of commercial material in more than one quadrant.
Should our company be awarded more than one collection quadrant we have committed
to a one-time payment of $1,000,000 to the City in January 2011 .This funding can be
used for a variety of programs including assistance with law enforcement and public
safety costs,environmental initiatives,infrastructure improvements or any other need the
City sees fit.
We believe this offer coupled with our extremely innovative approach to collection and
diversion of the City's material further establishes Allied as a business partner the City
should strongly consider.
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial ,Solid Waste Recyclable
Materials, and Organic Materials Services - July 12, 2010
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial,Solid Waste Recyclable
Materials, and Organic Materials Services - July 12, 2010
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AUTOCAR ACX64 - 2010 C&H BODY
CITY VEHICLES.AUTOCAR ACX64 - 2010 MCNEILUS BODY
AUTOCAR ACX64 - 2010 -MCNEILUS BODY
Iecifleations (including de preciabl
OTTO-STANDARD
WA STEQUIP-STANDARD
WASTEQUIP - STA NDARD
M ARATHON - STANDARD
ndling
dna,Maintenance,Washing,etc.
KOCHERGEN FARMS COMPOSTING,INC
MIKE KOCHERGER
KOCHERCER FARMS
339 15 AVENAL CUT-OFF ROAD,AVENAL,CA 93204
T RANSFER HAUL
3457 SOUTH CEDAR,FRESNO CA 93725
550 1 N.GOLDENSTATE BLVD.,FRESNO CA 93722
I H ~1 ,""U~lUJIIC;J :>~~~•~v -~••vv 7 V .J V I v
lion
oersonnel 1.0 5.0 5.0 0.5
erson 9.70 9.66 8.43 5.20
./year 2,522.0 0.0 0.0 12,558.0 10,956.4 0.0 676.0 0.0
ion
Weekday 1.00 5.00 5.00 0.50
Saturday
Sunday
per
Weekday 1.00 5.00 5.00 0.50
Saturday
Sunday
iy/route per
Weekday 9.70 9.66 8.43 5.20
Saturday
Sunday
ear per
Weekday 2,522.00 0.00 0.00 12,558.00 10,956.40 0.00 676.00 0.00
Saturday 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Sunday 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total 2,522.00 0.00 0.00 12,558.00 10,956.40 0.00 676.00 0.00
1.21 0.00 0.00 6.04 5.27 0.00 0.33 0.00
week for aJI routes 983 336 61 3,325 2,225 0 16
year for all routes 51,116 17,472 3,172 172,900 115,700 0 832 0
route hour 20.27 0.00 0.00 13.77 10.56 0.00 1.23 0.00
nation (annual)
ted 1,034 0 0 31,247 0 0 4,050
lis collected 0 97 0 0 6,311 0 0
collected 0 0 25 0 0 0 0
1,034 97 25 31,247 6,311 0 4,050 0
disposed 21 1,388
re 23+24-26)0 76 ')-0 4,923 0 0 0-)
Please note (a)P lease note (b)Please note (c)
lata to be input by proposer.Data should reflect the assumptions used for the basis of the costs proposed in Forms 6A - 6C.
- Identify number of hours per day each route will take to complete (including collection time and hauling time to transfer station, landfill, or processing site).
al Line 5 *Line 11*260 days
.alLine 6 *Line 12 *52 weeks
al Line 7 *Line 13 *52 weeks
al Line 14 +Line 15 +Line 16
.alLine 17 / 2,080 hours
input by proposer.Data should reflect the assumptions used for the basis of the costs proposed in Forms 6A - 6C.
input by proposer and should equal Line 24 *52 weeks. Data should reflect the assumptions used for the basis of the costs proposed in Forms 6A - 6C.
ial Line 20/ Line 17
input by proposer.Data should reflect the assumptions used for the basis of the costs proposed in Forms 6A - 6C.
input by proposer. Data should reflect the assumptions used for the basis of the costs proposed in Forms 6A - 6C.
input by proposer. Data should reflect the assumptions used for the basis of the costs proposed in Forms 6A - 6C.
ial Line 22 +Line 23 +Line 24
input by proposer. Data should reflect the assumptions used for the basis of the costs proposed in Forms 6A - 6C.
ial Line 23 +Line 24 - Line 26
return etc.
.alent (FTE)=40 hours per week, 2,080 hours per year
Form 5 -Proposed Labor Requirements
Service Area No .I 0
Proposer Name:Allied Waste of Fresno Service Area No .2 D
l{9i:ti 'Jr,efsonnel (include-casual/permanent pool)Proposed FTE
Solid Waste Cart Ser vice I
Solid Waste Bin Ser vice 6
Solid Waste Roll-Off Service 0 .5
Recyclable Materia ls C art Serv ice
Recyclable Materials Bin Service 5
Organic Material s Cart Service
Organic Materials Bin Service
Organic Materials Roll-Off Service
Subtotal 12.5
,~'~"."O ther Personnel ~'11"Propo sed FT E ,;
CEO /COO
General Manager 0 .1
Controller 0 .1
Office Manager 0 .1
Operations Manager 0 .1
Operations/Route Supervisor
Dispatcher I
Container Distribut ion I
Operations Clerk
Community Relations Manager
Rec yclin g/Publi c E d .C oordinator 0 .6
Customer Service Supervisor
Customer Service Representatives I
Inside Sales
Billing and Collections Mana ger
Accounting Clerk
Receptionist
Safety Manager
Maintenance Supervisor
Shop Foreman
Yard Personnel
Maintenance Personnel I
Recyclin g Manager
Othe r:
Other:
Other:
Subtotal 5
Total 17.5
!I \/1/1\11/1/'"r-t:~in..,1
Service Area No .3 D
Service Area No .4 D
,....:....•...1 r .n .._6 ...
Proposer Name:
Driver Wages per Hour
.&....1_""'''.~- •••1'.....
Service Area No .I 0 Service Area No .3 0
Service Area No .2 0 Service Area No .4 0
S 16.73
V)
:::l
§
CO
Container Deliverv Wages per Hour
Dispatcher Wages per Hour
Supervisor Salarv per Year
Ops Manager Salary per Year
Driver Annual Bonus ($)
Support Staff Annual Bonus ($)
Salaried Bonus (%)
40 I (k)/Pension Contribution (%of Regular Wages)
Health &Welfare Benefits ($ per Employee /Yr.)
Uniforms ($ per EmployeelYr.)
Overtime Premium %
Driver Hours per Dav
Support Staff Hours per Day
Collection Days per Year
Paid Time Off Days per Year
$ 16.73
$18.00
$ -
$-
$1,200.00
$-
0%
17%
$13.572
$360.00
150%
8
8
260
19
rorm 0 -\"apn:al I"(~qulremen[s
Proposer Name:Allied Waste of Fresno
Service Area No.I 0
Se rvice Area No.2 D
Serv ice Area No.3 [
Service Area No .4 [
Quantity
Collection Vehicles Regular Spare Total
Tota l Proposed $
Side/Rear-Loader I I 2 $520 ,000
Front-End Loaders 10 I II $1 ,449,760
Roll-Off 0.5 0 0.5 $75,000
Other Vchicles
'.'(ii'{<;'.-
Spa re Total Proposed sRegularTotal
Transfer Vehicles 0
Pickup Trucks 0
Container Distribution I 0 I $83,000
Mobile Service Truck 0
Co nta iners ]I[Regula?'Spare Total Total Proposed $
Cart s 1400 0 1400 $63 ,504
Bins 2804 500 3304 $658 ,278
Roll-Off Boxes 5 0 5 $19 ,800
Compactor Bins 0
Compactor Roll-Off Boxes 2 0 2 $35,900
dth~~Total Proposed $
Shop Equipment 0
Fueling Equipment 0
Computer and Office Equipment 0
Start-up Capital I -I $91,378
Total 4,225 502 4,727 $2 ,996,620
1'''• ....$\.J t:;r...---.,l;art ~ervlce (r-orm ~AJ esm ~ervlce (r-orrn ~tsJ xcu-orr ~ervlce (r-orm ac J
Recyclable O rganic Recyclable Organ ic
Solid Waste Materials Materials Solid Waste Materials Materials Solid Waste Orqan ic Materi
f Operations
;osts $77 ,038 $4,812 $1 ,925 $393 ,557 $329 ,396 $0 $24 ,938
Costs $32,874 $0 $0 $137,825 $108,634 $0 $9,149
$22 ,979 $3 ,091 $597 $179,417 $158 ,768 $0 $7,374
$70,337 $1 ,305 $522 $185 ,728 $103,407 $0 $7,007
tion $68 ,045 $1 ,013 $175 $210,449 $120 ,991 $0 $9 ,963
Costs - Labor,Vehicle ,Fuel &Other $15 ,648 $1 ,190 $595 $455 ,505 $99,419 $0 $22,609
Costs -Depreciation &Start-Up $513 $39 $20 $14 ,939 $3 ,261 iQ $742
:ost of Operations $287,434 $11,450 $3,834 $1,577,421 $923,875 $0 $81,781
$22,635 $902 $302 $124,220 $72,754 $0 $6,440
Costs
$29 ,682 $0 $0 $896 ,789 $0 $0 $116 ,228
Costs $0 $612 $627 $0 $39 ,822 $0 $0
e $35 ,010 $0 $0 $63,424 $67,281 $0 $8 ,599
Ists $0 $0 $0 $0 $0 $0 $0
Costs - Lease iQ iQ iQ iQ iQ iQ iQ
·ough Costs $64,693 $612 $627 $960,213 $107,104 $0 $124,827
fore City Fees·$374,762 $12,964 $4,762 $2,661 ,854 $1,103 ,733 $0 $213,048
..............-..---........_..---~
ring and Enforcement Fee ---..-....-.............._......_....
.. .. ...................._..-..............
_............-............................
ance Fees
........................ ............-....-
)......_........-.................._..-..
MARY (Total Costs from Forms 8A through 80)
r-Related Costs (include regular &pool personnel)
egular Wages
vertime Wages
oliday Wages
acation Wages
ick Leave Wages
lorkers Compensation Insurance Premiums
lorkers Compensation Claims
ealth &Welfare
ensionl Retirement Benefits
ayroll Taxes
ther (Please List)
Labor Related-Costs
;Ie-Related Costs (do not include depreciation)
ires &Tubes
arts &Supplies (fluid, oil, etc,)
axes & Licenses
ther (Please List)
Vehicle-Related Costs
Costs
r Costs
ability &Property Damage Insurance
quipment Insurance
raining &Safety Programs
niforms
ther (Please List)
Other Costs
:t Depreciation
ontainer Depreciation
oute Vehicle Depreciation
other Depreciation
Direct Depreciation
ated Costs -Labor, Vehicle, Fuel &Other Costs
rom General and Administrative (60)
rom Vehicle Maintenance (60)
rom Container Maintenance (60)
Allocated Costs - Labor, Vehicle, Fuel &Other Costs
Year 1
$399,825
$62,078
$14 ,188
$8,875
$10,638
$24,204
$14,595
$169,650
$74,250
$38,364
$15,000
$831,666
$82,928
$119,785
$58,126
$27,643
$288,482
$372,226
$86,238
$0
$10,438
$4,500
$267,129
$368 ,305
$97,760
$312,877
$0
$410,637
$342,254
$160,748
$91,963
$594,965
rom Vehicle Maintenance (6D)
rom Container Maintenance (6D)
Allocated Costs - Depreciation and Start-Up Costs
Annual Cost of Operations
:(% Operating Ratio; i.e. 95%):
rsal Cost
)rocessing Costs
Recyclables Processing Costs
Organics Processing Costs
Net Processing Costs
sst Expense
:tLease Costs
oute Vehicles
ther (Please List) - CARTS yard for bin storage
Direct Lease Costs
ated Lease Costs
rom General and Administrative (6D)
rom Vehicle Maintenance (6D)
rom Container Maintenance (6D)
Allocated Lease Costs
Pass-Through Costs
Cost Before City Fees
ity Fees
City fees 19.4% (Franchise, AB 939,Contract Mgt)
Franchise Monitoring and Enforcement Fee
Street Sweeping Services Fee
Rate Review and Performance Review Fee
Vehicle Impact Fee
Neighborhood Preservation Fee
otal City Fees
Proposed Annual Cost
I 92 .70%1%
1 $28.70 I/ton
$6.31 I ton
$25.00 I ton
0.2407
$0
$10,375
$19,513
$2,885,795
$227,252
$1,042,699
$40,434
$627
$41,061
$174 ,315
$0
$0
$0
$0
$0
$0
$0
$1,258,076
$4,371,123
$1 ,052 ,129
$0
$0
$0
$0
$0
$1 ,052 ,129
$5,423,252
Tota"Labor Related-Costs $77,038 $4,812 $1,925
Vehicle-Related Costs (do not include depreciation)
Tires &Tubes $7,846 $0 $0
Parts &Supplies (fluid,oil, etc,)$11,333 $0 $0
Taxes &Licenses $11,079 $0 $0
Other (Please List) -0/5 repair,Towing,Truck Washing $2,615 $0 $0
Total Vehicle-Related Costs $32,874 $0 $0
Fuel $22,979 $3,091 $597
Other Costs
Liability &Property Damage Insurance $10,949 $1,305 $522
Equipment Insurance $0 $0 $0
Training &Safety Programs $835 $0 $0
Uniforms $360 $0 $0
Other (Please List)-Container maintenace cost,Radios $58,193 $0 $0
Total Other Costs $70,337 $1,305 $522
Direct Depreciation
Container Depreciation $3,045 $1,013 $175
Route Vehicle Depreciation $65,000 $0 $0
Other Depreciation $0 $0 $0
Total Direct Depreciation $68,045 $1,013 $175
Allocated Costs -Labor,Vehicle,Fuel &Other Costs
From General and Administrative (6D)$9,001 $685 $342
From Vehicle Maintenance (6D)$4,228 $321 $161
From Container Maintenance (6D)$2,419 $184 $92
Total Allocated Costs -Labor,Vehicle, Fuel &Other $15,648 $1,190 $595
Allocated Costs -Depreciation and Start-Up Costs
From General and Administrative (6D)$240 $18 $9
From Vehicle Maintenance (6D)$0 $0 $0
From Container Maintenance (6D)$273 $21 $10
Total Allocated Costs -Depreciation and Start-Up $513 $39 $20
Total Operating Costs $287,434 $11,450 $3,834
Profit (%Operating Ratio;i.e.95%):92.70% %$22.635 $902 $302
Disposal Costs $28.70 jton $29,682 $0
Net Processing Costs
Recyclables Processing Costs $6.31 jton $0 $612 $0
Organics Processing Costs $25.00 jton $0 $0 $627
Total Net Processing Costs $0 $612 $627
Tnh:11"'Dct HvnDncD <1:1 <;()1 ()q:()q:()
se List)$7,200 $6,000
.elated-Costs $393,557 $329,396
ed Costs (do not include depreciation)
es $39,331 $33,231
'plies (fluid,oil, etc,)$56,812 $48,000
enses $28,571 $16,326
,e List)$13,110 $11,077
Related Costs $137,825 $108,634
$179,417 $158,768
?roperty Damage Insurance
Insurance
Safety Programs
,e List) - Bin maint.Cost,Radios,Utilities,Yard rent,Other oper supplies
osts
.iation
)epreciation
:le Depreciation
eciation
epreciation
.ts -Labor,Vehicle,Fuel &Other Costs
:al and Administrative (6D)
le Maintenance (6D)
liner Maintenance (6D)
d Costs -Labor,Vehicle, Fuel &Other
$35,134
$0
$5,010
$2,160
$143,424
$185,728
$29,286
$56,687
$153,763
$0
$210,449
$262,030
$123,069
$70,407
$455,505
$35,134
$0
$4,175
$1,800
$62,298
$103,407
$33,126
$87,864
$0
$120,991
$57,191
$26,861
$15,367
$99,419
.ts -Depreciation and Start-Up Costs
:al and Administrative (6D)
Ie Maintenance (6D)
liner Maintenance (6D)
d Costs -Depreciation and Start-Up
19 Costs
ating Ratio;i.e.95%):
$6,996 $1,527
$0 $0
$7,943 $1,734
$14,939 $3,261
$1,577,421 $923,875
92.70% % $124,220 $72,754
$28.70 Iton $896,789
g Costs
Processing Costs $6.31 Iton $0 $39,822
ocessing Costs $25.00 Iton $0 $0
cessing Costs $0 $39,822
Other (Please List)$600 $600
'otal Labor Related-Costs $24,938 $0 $24,938
'ehicle-Related Costs (do not include depreciation)
Tires &Tubes $2,520 $2,520
Parts &Supplies (fluid,oil,etc.)$3,639 $3,639
Taxes &Licenses $2,150 $2,150
Other (Please List)$840 $840
'otal Vehicle-Related Costs $9,149 $0 $9,149
uel $7,374 $7,374
nher Costs
Liability &Property Damage Insurance $3,194 $3,194
Equipment Insurance $0 $0
Training &Safety Programs $418 $418
Uniforms $180 $180
Other (Please List)$3,215 $3,215
'otal Other Costs $7,007 $0 $7,007
iirect Depreciation
Container Depreciation $3,713 $3,713
Route Vehicle Depreciation $6,250 $6,250
Other Depreciation $0 $0
'otal Direct Depreciation $9,963 $0 $9,963
.llocated Costs -Labor,Vehic1e,Fuel &Other Costs
From General and Administrative (6D)$13,006 $0 $13,006
From Vehicle Maintenance (6D)$6,108 $0 $6,108
From Container Maintenance (6D)$3,495 $0 $3,495
'otal Allocated Costs -Labor,Vehicle, Fuel &Other $22,609 $0 $22,609
.llocated Costs -Depreciation and Start-Up Costs
From General and Administrative (6D)$347 $0 $347
From Vehicle Maintenance (6D)$0 $0 $0
From Container Maintenance (6D)$394 $0 $394
'otal Allocated Costs -Depreciation and Start-Up $742 $0 $742
'otal Operating Costs $81,781 $0 $81 ,781
rofit (%Operating Ratio; i.e. 95%):92.70%%$6,440 $0 $6,440
iisposalCosts $28.70 Iton $116,228 $116,228
ret Processing Costs
Recyclables Processing Costs $6.31 Iton $0 $0
Organics Processing Costs $25.00 Iton $0 $0
'otal Net Processing Costs $0 $0 $0
Overtime Wages $0 $20,163 $0
Holiday Wages $864 $2,336 $1,135
Vacation Wages $5,220 $2,360 $710
Sick Leave Wages $720 $1,824 $851
Workers Compensation Insurance Premiums $6,000 $5,525 $1,823
Workers Compensation Claims $1,500 $2,599 $1,100
Pension/Retirement Benefits $3,725 $27,912 $19,512
Payroll Taxes $5,987 $9,114 $2,868
Other (Please List) -safety bonus $0 $1,680 $1,200
Total Labor Related-Costs $95,476 $158,793 $63,997
Vehicle-Related Costs
Tires &Tubes $0 $0 $1,500
Parts $0 $0 $0
Parts &Supplies (fluid,oil, etc,)$0 $0 $10,716
Total Vehicle-Related Costs $0 $0 $12,216
Fuel Costs $0 $0 $4,956
Other Costs
Liability &Property Damage Insurance $0 $0 $6,388
Equipment Insurance $0
Rent $0 $0 $0
Utilities $0 $0 $0
Telephone $1,200 $0 $0
Non-vehicle Related Supplies $8,752 $0 $0
Non-vehicle Related Taxes &Licenses $3,213 $0 $0
Training &Safety Programs $2,100 $1,235 $635
Initial Public Education &Outreach $10,000
Continuing Public Education &Outreach $28,000
Uniforms $0 $720 $360
Bad Debt $54,226
Performance Bond $3,647
Corporate Overhead Charge (Please List)$74,760
Other (Please List)-G&A (Collection Svc,postage,travel,billing processing fee $60,880 $0 $3,411
Total Other Costs $246,778 $1,955 $10,794
Total Labor,Vehicle,Fuel,and Other Costs $342,254 $160,748 $91,963
Depreciation (non-route specific)and Start-Up Costs
Vehicle Depreciation $0 $0 $10,375
Other Depreciation $1,638 $0 $0
Procurement Cost Reimbursement $7,500
Total Depreciation and Start-Up Costs $9,138 $0 $10,375
Lease Costs
Total Labor,Vehicle,Fuel &Other Costs Allocated Out 100.00%$342,254 $160,748 $91,963
Depreciation and Start-Up Costs Allocated Out
To Solid Waste Cart Service (6A)2.63%$240 $0 $273
To Recyclable Materials Cart Service (6A)0.20%$18 $0 $21
To Organic Materials Cart Service(6A)0.10%$9 $0 $10
To Solid Waste Bin Service (6B)76.56%$6,996 $0 $7,943
To Recyclable Materials Bin Service (6B)16.71%$1,527 $0 $1,734
To Organic Materials Bin Service (6B)0.00%$0 $0 $0
To Solid Waste Roll-Off Service (6C)3.80%$347 $0 $394
To Organic Materials Roll-Off Service (6C)0.00%$0 $0 $0
Total Depreciation and Start-Up Costs Allocated Out 100.00%$9,138 $0 $10,375
Lease Costs Allocated Out
To Solid Waste Cart Service (6A)2.63%$0 $0 $0
To Recyclable Materials Cart Service (6A)0.20%$0 $0 $0
To Organic Materials Cart Service(6A)0.10%$0 $0 $0
To Solid Waste Bin Service (6B)76.56%$0 $0 $0
To Recyclable Materials Bin Service (6B)16.71%$0 $0 $0
To Organic Materials Bin Service (6B)0.00%$0 $0 $0
To Solid Waste Roll-Off Service (6C)3.80%$0 $0 $0
To Organic Materials Roll-Off Service (6C)0.00%$0 $0 $0
Total Lease Costs Allocated Out 100.00%$0 $0 $0
Total Allocated Out
Please describe allocation method used (e.g.tonnage,routes,etc.)
$351,392
GROSS REVENUE
$160,748 $102,338
AUTOCAR ACX64 - 2010 G&H BODY
CITY VEHICLES.AUTOCAR ACX64 - 2010 MCNEILUS BODY
AUTO CAR ACX64 - 2010 -MCNEILUS BODY
OTTO-STANDARD
WASTEQ VIP -STANDARD
W ASTEQUIP -STANDARD
MARATHON-STANDARD
ndling
KOCHERGEN FARMS COMPOSTING,INC
MIKE KOCHERGER
KOCHERGER FARMS
339 15 AVENAL CUT-OFF ROAD, AVENAL, CA 93204
T RANSFER HAUL
34 57 SOUTH CEDAR,FRESNO CA 93725
dng,Maintenance,Washing,etc.5501 N.GOLDENSTATE BLVD., FRESNO CA 93722
UI ,..>:),.....U>:)LUI I ICI.;:)_.....--.._-U"J.t:..U ,v
.tion
~personnel 1 6 4 0.5
(person 10.14 9.25 9.67 5.20
rs/year 2,636.4 0.0 0.0 14,430.0 10 ,056.8 0 .0 676.0 0 .0
rtlon
Weekday 1.00 6.00 4 .00 0.50
Saturday
Sunday
te per
Weekday 1.00 6 .00 4 .00 0 .50
Saturday
Sunday
day/route per
Weekday 10.14 9 .25 9.67 5.20
Saturday
Sunday
year per
Weekday 2,636.40 0.00 0.00 14,430.00 10,056.80 0 .00 676.00 0.00
Saturday 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Sunday 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total 2,636.40 0.00 0.00 14,430.00 10,056.80 0 .00 676.00 0.00
1.27 0.00 0.00 6.94 4.84 0.00 0.33 0.00
·week for all routes 1,045 320 75 3,689 2,143 16
·year for all routes 54,340 16,640 3,900 191,828 111,436 0 832 0
·route hour 20.61 0.00 0.00 13.29 11.08 0 .00 1.23 0.00
mation (annual)
cted 954 0 0 34,906 0 0 4,050
rials collected 0 119 0 0 5,754 0 0
s collected 0 0 29 0 0 0 0
954 119 29 34,906 5,754 0 4,050 0
ue disposed 26 1,266
ne 23+24-26)0 93 2 9 0 4 ,488 0 0 0
Please note (a)Please note (b)Please note (c)Pr
Information is to be reported for collection routes only and does not include any support (e.g .,container delivery routes,cleanup routes,missed
Data to be input by proposer.Data should reflect the assumptions used for the basis of the costs proposed in Forms 6A - 6C.
13 -Identify number of hours per day each route will take to complete (including collection time and hauling time to transfer station,landfill,or pn
qual Line 5 *Line 11* 260 days
qual Line 6 * Line 12 * 52 weeks
qual Line 7 * Line 13 * 52 weeks
qual Line 14 +Line 15 + Line 16
qual Line 17 12,080 hours
e input by proposer.Data should reflect the assumptions used for the basis of the costs proposed in Forms 6A - 6C.
e input by proposer and should equal Line 24 *52 weeks.Data should reflect the assumptions used for the basis of the costs proposed in Form
qual Line 201 Line 17
e input by proposer.Data should reflect the assumptions used for the basis of the costs proposed in Forms 6A - 6C.
e input by proposer.Data should reflect the assumptions used for the basis of the costs proposed in Forms 6A - 6C.
e input by proposer.Data should reflect the assumptions used for the basis of the costs proposed in Forms 6A - 6C.
qual Line 22 +Line 23 +Line 24
e input by proposer.Data should reflect the assumptions used for the basis of the costs proposed in Forms 6A - 6C.
qual Line 23 +Line 24 - Line 26
d return etc.
ivalent (FTE)=40 hours per week,2,080 hours per year
Form 5 - Proposed Labor Requirements
Service Area No .I D
Proposer Name: Allied Waste of Fresno Service Area No .2 0
Route Personne l (include casual /permanent pool)Prop osed FTE
Solid Waste Cart Service I
Solid Waste Bin Service 7
Solid Wa ste Roll-Off Ser vice 0.5
Recyclable Materials Cart Service
Recyclable Materials Bin Service 4
Organic Materials Cart Service
Organic Materials Bin Service
Organic Materials Roll-Off Service
Subtotal 12.5--,
Other Personnel "Proposed PTE:;
CEO /COO
General Manager 0 .1
Controller 0 .1
Office Manager 0.1
Operations Manager 0 .1
Operations/Route Supervisor
Dispatcher I
Container Distribution I
Operations Clerk
Community Relations Manager
Recycling/Public Ed.Coordinator 0.6
Customer Service Supervisor
Customer Service Representatives I
Inside Sales
Billing and Collections Manager
Accounting Clerk
Receptionist
Safety Manager
Maintenance Supervisor
Shop Foreman
Yard Personnel
Maintenance Personnel I
Recycling Manager
Other:
Other:
Other:
Subtotal 5
Total 17.5
Service Area No .3 D
Service Area No .4 D
r--:.&.••_~r-r""l AI _~...
Proposer Name:
Driver Wages per Hour
~-....,_.4.............._.....1'...."........
Service Area No.1 0 Service Area No.3 0
Service Area No .2 0 Service Area No .4 0
$16.73
't/)'
;::lco
t:O
Container Deliverv Wages per Hour
Dispatcher Wages per Hour
Supervisor Salarv per Year
Ops Manager Salary per Year
Driver Annual Bonus ($)
Support Staff Annual Bonus ($)
Salaried Bonus (%)
40l(k)/Pension Contribution (%of Regular Wages)
Health &Welfare Benefits ($per Employee/Yr.)
Uniforms ($per Employee/Yr.)
Overtime Premium %
Driver Hours per Day
Support Staff Hours per Day
Collection Days per Year
Paid Time Off Days per Year
$ 16.73
$18.00
$-
$-
$1,200.00
$-
0%
17%
$13,572
$360.00
150%
8
8
260
19
rorm 0 -\",apltal rsequrrernerns
Proposer Name: Allied Waste of Fresno
Service Area No .I D
Service Area No.2 0
Service Area No .3 [
Service Area No .4 [
Quanti ty
Collection Vehicles Regular Spar e Total Total Proposed $
Side/Rear-Loader I I 2 $520 ,000
Front-End Loaders 10 I II $1 ,444 ,804
Roll-Off 0.5 0 0 .5 $75,000
Other VcHicleS C#."cc"w=
Spare Total Total Proposed $Regular
Transfer Vehicles 0
Pickup Trucks 0
Container Distribution I 0 I $83,000
Mobile Service Truck 0
~.'"Regular'i r ~~re c••••ce
Containers Total ~;Total Proposed $
Carts 1410 0 1410 563 ,958
Bins 2663 400 3063 5592,816
Roll-Off Boxes 5 0 5 $19,800
Compactor Bins 0
Compactor Roll-Off Boxes 2 0 2 S35,900
Other ·'tii~""'j"Total Proposed $cc""cCc (ij!,
Shop Equipment 0
Fueling Equipment 0
Computer and Office Equipment 0
Start-up Capital 1 -I $91,653
Total 4,094 402 4,496 $2,926,931
~'r"'\'i ~.-....,cart ~ervlce (r-orrn ~A'tsm ~ervlce (r-orrn ~tsJ KOIl-un eservrce (t-orm ~l;'
Recyclable O rganic Recycl able Organic
Solid W aste Materials Ma terials Solid Waste Ma terials M aterials Solid Waste Orqanic Materi
f Operations
;osts $80 ,388 $4 ,348 $1 ,062 $4 78 ,382 $306 ,563 SO $24 ,938
Costs $39,240 $0 $0 $147 ,777 $105 ,885 SO S9 ,149
$25 ,856 $3 ,065 $749 $194 ,231 $135,533 $0 $4 ,076
$80 ,912 $1,213 $296 $185 ,361 $93 ,815 $0 $7 ,007
tion $68 ,100 $965 $200 $223 ,771 $99 ,912 SO $9 ,963
Costs - Labor,Vehicle, Fuel &Other $13 ,529 $1 ,151 $576 $451 ,019 $87 .912 SO S21 ,532
Costs - Depreciation &Start-Up $459 $39 S20 $15 .308 $2 .984 .$Q S731
.ost of Operations $308 .484 $10,781 $2 ,902 $1 ,695,848 $832,604 $0 $77 ,395
$38 ,595 $1 ,349 $363 $212,172 $104,169 $0 $9 ,683
Costs
$27 ,380 SO SO S1 ,001 ,802 SO $0 $116 ,228
Costs $0 $751 $714 SO $36 ,333 $0 SO
~$35 ,038 SO $0 S62 ,520 $63 ,960 $0 $8 ,599
15ts $0 $0 $0 $0 SO SO SO
Costs - Lease $0 SO .$Q .$Q .$Q .$Q .$Q
·ough Costs $62,417 $751 $714 $1 ,064,322 $100 ,293 $0 $124 ,827
fore City Fees *$409,497 $12 ,882 $3 ,979 $2,972,343 $1 ,037,066 $0 $211 ,905
--------------- --- ----
ring and Enforcement Fee ----------------------
--------- -------------
--- ------ --------- ----
ance Fees ----------------------
)--------- -------------
MARY (Total Costs from Forms 8A through 80)
r-Related Costs (include regular & pool personnel)
egular Wages
vertirne Wages
oliday Wages
acation Wages
ick Leave Wages
lorkers Compensation Insurance Premiums
lorkers Compensation Claims
ealth &Welfare
ensionl Retirement Benefits
ayroll Taxes
ther (Please List)
Labor Related-Costs
ele-Related Costs (do not include depreciation)
ires &Tubes
arts &Supplies (fluid, oil .etc .)
axes &Licenses
ther (Please List)
Vehicle-Related Costs
Costs
r Costs
ability &Property Damage Insurance
quipment Insurance
raining &Safety Programs
niforms
ther (Please List)
Other Costs
:t Depreciation
ontainer Depreciation
oute Vehicle Depreciation
ther Depreciation
Direct Depreciation
ated Costs -Labor, Vehicle, Fuel &Other Costs
rom General and Administrative (60)
rom Vehicle Maintenance (60)
rom Container Maintenance (60)
Allocated Costs - Labor.Vehicle ,Fuel &Other Costs
Year 1
$398,681
$118,413
$14,188
$8 ,875
$10,638
$27 .095
$16,340
$169,650
$74,250
$42 ,552
$15,000
$895,681
$87,204
$125,962
$59,817
$29,068
$302,051
$363,510
$86,238
$0
$10,438
$4.500
$267,429
$368,604
$90.859
$312,051
$0
$402 ,910
$323 ,008
$160,748
$91,963
$575 .719
rom Vehicle Maintenance (6D)
rom Container Maintenance (6D)
Allocated Costs - Depreciation and Start-Up Costs
Annual Cost of Operations
:(% Operating Ratio; i.e. 95%):
rsal Cost
>rocessingCosts
Recyclables Processing Costs
Organics Processing Costs
Net Processing Costs
3St Expense
:tLease Costs
oute Vehicles
ther (Please List) - CARTS yard for bin storage
Direct Lease Costs
ated Lease Costs
rom General and Administrative (6D)
rom Vehicle Maintenance (6D)
rom Container Maintenance (6D)
Allocated Lease Costs
Pass-Through Costs
Cost Before City Fees
ity Fees
City fees 19.4% (Franchise, AB 939,Contract Mgt)
Franchise Monitoring and Enforcement Fee
Street Sweeping Services Fee
Rate Review and Performance Review Fee
Vehicle Impact Fee
Neighborhood Preservation Fee
otal City Fees
Proposed Annual Cost
1 88 .88 %1%
1$28.70 I /ton
$6.31 Iton
$ 25.00 I ton
0.2407
$0
$10,375
$19,540
$2,928,015
$366,331
$1,145,410
$37,084
$714
$37,798
$170,117
$0
$0
$0
$0
$0
$0
$0
$1 ,353,325
$4 ,647,671
$1 .118 ,6~g4 .
$0
$0
$0
$0
$0
$1,118,694
$5,766,366
Total Labor Related-Costs $80,388 '$4,348 $1,062
Vehicle-Related Costs (do not include depreciation)
Tires &Tubes $9,508 $0 $0
Parts &Supplies (fluid, oil, etc.)
$13 ,734 $0 $0
Taxes &Licenses $12,829 $0 $0
Other (Please List) -0/5 repair,Towing,Truck Washing $3,169 $0 $0
Total Vehicle-Related Costs
$39,240 $0 $0
Fuel $25 ,856 $3.065 $749
Other Costs
Liability &Property Damage Insurance $11 ,267 $1 ,213 $296
Equipment Insurance $0 $0 $0
Training &Safety Programs $835 $0 $0
Uniforms $360 $0 $0
Other (Please List) -Container maintenace cost,Radios $68 ,451 $0 $0
Total Other Costs $80 ,912 $1,213 $296
Direct Depreciation
Container Depreciation $3 ,100 $965 $200
Route Vehicle Depreciation $65,000 $0 $0
Other Depreciation $0 $0 $0
Total Direct Depreciation $68,100 $965 $200
Allocated Costs -Labor,Vehicle,Fuel &Other Costs
From General and Administrative (6D)$7 ,591 $646 $323
From Vehicle Maintenance (6D)$3,778 $321 $161
From Container Maintenance (6D)$2,161 $184 $92
Total Allocated Costs -Labor,Vehicle, Fuel &Other $13,529 $1,151 $576
Allocated Costs -Depreciation and Start-Up Costs
From General and Administrative (6D)$215 $18 $9
From Vehicle Maintenance (6D)$0 $0 $0
From Container Maintenance (6D)$244 $21 $10
Total Allocated Costs -Depreciation and Start-Up $459 $39 $20
Total Operating Costs $308,484 $10,781 $2,902
Profit (%Operating Ratio;i.e.95 %):88 .88% %
$38 ,595 $1 ,349 $363
DisposalCosts $28 .70 /fon $27 ,380 $0
Net Processing Costs
Recyclables Processing Costs $6 .31 Iton $0 $751 $0
Organics Processing Costs $25 .00 Iton $0 $0 $714
Total Net Processing Costs $0 $751 $714
Tn+o..oc+Pvnonco <t1<;(nil ,,()()
se List)$8,400 $4,800
.elated-Costs $478 ,382 $306 ,563
ed Costs (do not include depreciation)
'es $44,395 $30,781
'plies (fluid,oil, etc,)
$64,126 $44,462
enses $24,457 $20,381
,e List)$14,798 $10,260
Related Costs
$147,777 $105,885
$194,231 $135,533
?roperty Damage Insurance
Insurance
Safety Programs
se List) - Bin maint.Cost,Radios,Utilities,Yard rent,Prop Tax,Other Sup
osts
$42,161
°$5,845
$2 ,520
$134,835
$185 ,361
$28,107
so
$3,340
$1,440
$60,928
$93.815
.iation
)epreciation $70,534 $12,348
:Ie Depreciation $153,237 $87,564
eciation $0 $0
epreciation $223 ,771 $99,912
,ts -Labor,VehicIe,Fuel &Other Costs
.al and Administrative (6D)$253,044 $49 ,323
le Maintenance (6D)$125,930 $24,546
liner Maintenance (6D)$72,044 $14,043
d Costs -Labor,Vehicle, Fuel &Other $451 ,019 $87,912
.ts -Depreciation and Start-Up Costs
:aI and Administrative (6D)$7,180 $1,400
le Maintenance (6D)$0 $0
liner Maintenance (6D)$8,128 $1,584
d Costs -Depreciation and Start-Up $15,308 $2,984
19 Costs $1,695,848 $832,604
ating Ratio;i.e.95 %):88.88 % %$212,172 $104,169
$28.70 /ton $1,001,802
g Costs
Processing Costs $6.31 /ton $0 $36,333
ocessing Costs $25.00 /ton SO $0
cessing Costs SO $36.333
Other (Please List)$600 $600
'otal Labor Related-Costs $24 ,938 $0 $24,938
'ehicle-Related Costs (do not include depreciation)
Tires &Tubes $2,520 $2 ,520
Parts &Supplies (fluid,oil, etc,)$3,639 $3,639
Taxes &Licenses $2,150 $2,150
Other (Please List)$840 $840
'otal Vehicle-Related Costs $9,149 $0 $9,149
uel $4,076 $4,076
ither Costs
Liability &Property Damage Insurance $3,194 $3,194
Equipment Insurance $0 $0
Training &Safety Programs $418 $418
Uniforms $180 $180
Other (Please List) - Bin maint.Cost,Radios,Prop tax $3 ,215 $3,215
'otal Other Costs $7,007 $0 $7,007
>irect Depreciation
Container Depreciation $3,713 $3,713
Route Vehicle Depreciation $6,250 $6,250
Other Depreciation $0 $0
'otal Direct Depreciation $9,963 $0 $9,963
.llocated Costs -Labor,Vehicle,Fuel &Other Costs
From General and Administrative (6D)$12,080 $0 $12,080
From Vehicle Maintenance (6D)$6,012 $0 $6,012
From Container Maintenance (6D)$3,439 $0 $3,439
'otal Allocated Costs -Labor,Vehicle, Fuel &Other $21,532 $0 $21,532
.llocated Costs -Depreciation and Start-Up Costs
From General and Administrative (6D)$343 $0 $343
From Vehicle Maintenance (6D)SO $0 $0
From Container Maintenance (6D)$388 $0 $388
'otal Allocated Costs -Depreciation and Start-Up $731 $0 $731
'otal Operating Costs $77,395 $0 $77,395
rofit (%Operating Ratio;i.e.95 %):88.88 % %$9,683 SO $9,683
iisposal Costs $ 28 .70 /ton $116,228 $116,228
ret Processing Costs
Recyclables Processing Costs $ 6 .31 /ton $0 $0
Organics Processing Costs $25.00 /ton $0 $0
'otal Net Processing Costs $0 $0 $0
Overtime Wages $0 $20,163 $0
Holiday Wages $864 $2,336 $1,135
Vaca tion Wages $5,220 $2,360 $710
Sick Leave Wages $720 $1,824 $851
Workers Compensation Insurance Premiums $6,000 $5,525 $1,823
Workers Compensation Claims $1,500 $2,599 $1 ,100
Pension/Retirement Benefits $3 ,725 $27,912 $19,512
Payroll Taxes $5,987 $9,114 $2,868
Other (Please List) -safety bonus $0 $1,680 $1,200
Total Labor Related-Costs $95,476 $158,793 $63,997
Vehicle-Related Costs
Tires &Tubes $0 $0 $1,500
Parts $0 $0 $0
Parts &Supplies (fluid,oil, etc.)$0 $0 $10,716
Total Vehicle-Related Costs $0 $0 $12,216
Fuel Costs $0 $0 $4,956
Other Costs
Liability &Property Damage Insurance $0 $0 $6 ,388
Equipment Insurance $0
Rent $0 $0 $0
Utilities $0 $0 $0
Telephone $1 ,200 $0 $0
Non-vehicle Related Supplies $8,894 $0 $0
Non-vehicle Related Taxes &Licenses $3,213 $0 $0
Training &Safety Programs $2,100 $1,235 $635
Initial Public Education &Outreach $10,000
Continuing Public Education &Outreach $28,000
Uniforms $0 $720 $360
Bad Debt $57,659
Performance Bond $3,706
Corporate Overhead Charge (Please List)$74,760
Other (Please List) - G&A (Collection Svc,postage,travel,billing processing fee $38,000 $0 $3 ,411
Total Other Costs $227,532 $1,955 $10,794
Total Labor,Vehicle,Fuel,and Other Costs $323,008 $160,748 $91,963
Depreciation (non-route specific)and Start-Up Costs
Vehicle Depreciation $0 $0 $10,375
Other Depreciation $1,665 $0 $0
Procurement Cost Reimbursement $7,500
Total Depreciation and Start-Up Costs $9,165 $0 $10,375
Lease Costs
Total Labor,Vehicle,Fuel &Other Costs Allocated Out 100.00%$323,008 $160,748 $91,963
Depreciation and Start-Up Costs Allocated Out
To Solid Waste Cart Service (6A)2.35%$215 $0 $244
To Recyclable Materials Cart Service (6A)0.20%$18 $0 $21
To Organic Materials Cart Service(6A)0.10%$9 $0 $10
To Solid Waste Bin Service (6B)78.34%$7,180 $0 $8,128
To Recyclable Materials Bin Service (6B)15.27%$1,400 $0 $1,584
To Organic Materials Bin Service (6B)0.00%$0 $0 $0
To Solid Waste Roll-Off Service (6C)3.74%$343 $0 $388
To Organic Materials Roll-Off Service (6C)0.00%$0 $0 $0
Total Depreciation and Start-Up Costs Allocated Out 100.00%$9,165 $0 $10,375
Lease Costs Allocated Out
To Solid Waste Cart Service (6A)2.35%$0 $0 $0
To Recyclable Materials Cart Service (6A)0.20%$0 $0 $0
To Organic Materials Cart Service(6A)0.10%$0 $0 $0
To Solid Waste Bin Service (6B)78.34%$0 $0 $0
To Recyclable Materials Bin Service (6B)15.27%$0 $0 $0
To Organic Materials Bin Service (6B)0.00%$0 $0 $0
To Solid Waste Roll-Off Service (6C)3.74%$0 $0 $0
To Organic Materials Roll-Off Service (6C)0.00%$0 $0 $0
Total Lease Costs Allocated Out 100.00%$0 $0 $0
Total Allocated Out
Please describe allocation method used (e.g.tonnage,routes,etc.)
$332,173
GROSS REVENUE
$160,748 $102,338
6.0 Secretary's Certificate
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial,Solid Waste Recyclable
Materials, and Organic Materials Services - July 12, 2010
Content printed on 100% recycled paper
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial,Solid Waste Recyclable
Materials,and Organic Materials Services - July 12, 2010
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7.0 Anti-Collusion Affidavit
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial,Solid Waste Recyclable
Materials,and Organic Materials Services - July 12, 2010
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial ,Solid Waste Recyclable
Materials, and Organic Materials Services - July 12, 2010
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8.0 Certification of Local Preference
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial,Sol id Waste Recyclable
Materials, and Organic Mater ials Services - July 12, 2010
Content pr inted on 100% recycled paper
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial,Solid Waste Recyclable
Materials, and Organic Materials Services - July 12, 2010
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9.0 Letter of Commitment for a Performance Bond
147
City of Fresno Request for Proposal Bid File #9133-MUlti-Family and Commercial,Solid Waste Recyclable
Materials,and Organic Materials Services - July 12, 2010
Content printed on 100% recycled paper
~_________________________________0,,-..:....--..-..
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial ,Solid Waste Recyclable
Materials, and Organic Materials Services - July 12, 2010
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10.0 Proposal Signature Page
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial, Solid Waste Recyclable
Materials, and Organic Materials Services - July 12, 2010
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial,Solid Waste Recyclable
Materials, and Organic Mater ials Services - July 12, 2010
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au.-...._______________________________O ..-..r;-~
11.0 Addenda Signature Pages
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial,Solid Waste Recyclable
Materials, and Organic Materials Services - July 12, 2010
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.au.-_.n________________________________o·-.c~~
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City of Fresno Request for Proposal Bid File #9133-Mult i-Family and Commercial,Solid Waste Recyclable
Materials, and Organic Materials Services - July 12, 2010
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12.0 Attachments
153
City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial,Solid Waste Recyclable
Materials,and Organic Materials Services - July 12, 2010
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial,Solid Waste Recyclable
Materials,and Organic Materials Services - July 12, 2010
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~_______________________________O,,-..::-...ra-P
13.0 Other Information
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial,Sol id Waste Recyclable
Materials, and Organic Mater ials Services - July 12, 2010
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AU.-O ..,.,......;:~a:-wn"-------------------------
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial,Solid Waste Recyclable
Materials,and Organic Materials Services - July 12, 2010
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EXHIBITD
IMPLEMENTATION PLAN
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City of Fresno Multi-Family/Commercial Collection Privatization
Draft Proposed Timeline
(assumes Wet/Dry Collection Method)
au __"'4 _
Task Assigned To Start Date End Date Comments
Contractor Select ion Approved Lead City of Fresno Sep 2011 City of Fresno to select Contractor.---._--------- ----__--0------____ _________________________ _ __..
Develop Coordination Meeting
Lead City of Fresno Set coordination meeting schedule to ensure a dynamicSep 2011 Oct 2011ScheduleAssistDan Capener
implementation plan start date .
-_._._0.--
Total Elapsed Time 1 month
Drivers ,Mechanic, and Lead Renee Flores-
Customer Service
Devan Oct 2011 Oct 2011
Object ive is to interview and select new hires by the end of
Representative Hiring Co-Lead Rob Emerson
September 2011. We can begin training immediately after
------------ --_.------- --
hiring to ensure all employees are performing within Allied
Drivers ,Mechanic,and Lead Renee Rivera guidelines .Due to the quick turnaround we w ill have less
Customer Service Nov 2011 Nov 2011 than 30 days to make sure new employees are ready Day 1.
J~13 p rE:!.!'E'!n!?!i "E'!Tr?il!ing __Co-Lead Rob Emerson ---------
Total Elapsed Time 1 month
Equipment Evaluation and
Lead Rob Emerson Allied will work with the City of Fresno to provide a smooth
trucks/equipment acquisition to Oct 2011 Nov 201 1 transit ion for ex isting C ity fleet to Allied .A detailed transition
perform routes Assist Brian Beaudrie
schedule will be developed ,aided by the City of Fresno.
-.----.--- -------~------~-----------~---- -----------------
Conduct evaluation of City Lead Rob Emerson
Evaluate the condition and readiness of the fleet and
conta iners.Make necessary repairs &label containers .owned equipment &fueling Oct 2011 Nov 2011 Acquire the necessary informat ion regarding the fuelingstationAssist Brian Beaudrie e.r o c_E!.~.~_~nd_.RrQ!9£_~._______________ _- ---------
Acquire equipment needed to
Lead Javier Camacho
Oct 2011 Nov 2011complete fleet to perform routes Assist Brian Beaudr ie
----
Purchase carts/bins and
Lead Rob Emerson
augment service levels where Oct 2011 Nov 2011
City carts /bins are present
Assist Javier Camacho
Cily of Fresno Request for Proposa l8id File #9t33-Multi-Fam ily and Commercia l ,Solid vvasre Recyclab le
Materials,and Organic Materials Services -Augusl 22, 20 10
Calllent printed all 100% recycled paper
City of Fresno Multi-Family/Commercial Collection Privatization
Draft Proposed Timeline
(assumes Wet/Dry Collection Method)au.
(,..----
Task Assigned To Start Date End Date C om ments
Total Elapsed Time 1 month
Systems Development-Lead Rob Emerson Acquire mapping ,routes ,customer data base and service
Routing/Mapp ing Tracks w ith Oct 2011 Nov 2011
levels from the C ity of Fresno and begin implementing into
Accounting/Customer Service/Renee Flores-InfoPro to set up bill ing ,serv ice levels and routing for
Database Management Assist Devan
implementation date of 11/1/11.
----- -
Local Division Web Site Lead Renee Flores-Oct 2011 Nov 2011
Develop a local web site specific to the Fresno division
DeVan which includes the required functionality.
--_.._.,-"M__~
Renee Flores-Customer Service contact with each customer within 30 days
Begin Base Service Lead Devan Dec 2011 Dec 2011 to ensure that all customers are receiving at least their
existing level of service .--------
Total Elapsed Time 3 Months
Lead Dan Capener /
Begin evaluation of City
Cascad ia Identify food waste customers and begin process of
commercial and multi-family
Co-Leads Carolyn Dickson /Feb 2012 Apr 2012
transition ing to a wet/dry collection process .Begin training
waste stream for organic and Pam Enriquez with customers and educating them on our new collection
food waste process.
Assist Rob Emerson
------~~..-..-
Lead Rob Emerson
Route Development &Rollout Mar 2012 May 2012
Use Route Ed itor to develop initial Wet/Dry routes based on
Area /Regional SIC cod e.Assist Staff---_._------------
Begin Wet/Dry collection Lead Rob Emerson Jun 2012
City of I"resno Request for Proposat Bid File #9133-Mult i-Family and Commercial,Solid Wasle Recyclab le
Maler ials,and Organ ic Malerials Services -A ugust 22,2010
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City of Fresno Multi-Family/Commercial Collection Privatization
Draft Proposed Timeline
(assumes Wet/Dry Collection Method)
au__
(,..------
Task Assigned To Sta rt Date End Date Comments
Perform Waste Audits to refine
routes
Lead
Co-Lead
Cascadia
Carolyn Dickson
Jun 2012 Dec 2012
Perform waste audits at selected businesses and provide
education to refine customer specific materials management.
Add new customers to Wet/Dry collection segments where
appropriate.
City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercia l,Sol id VVasleRecyclable
Materials,and Organic Materia ls Services - August 22, 20'10
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EXHIBITE
CITY-APPROVED SUBCONTRACTORS
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EXHIBIT E
CITY APPROVED SUBCONTRACTORS
The Contractor has identified and the City has approved the following subcontractors to work with
Contractor in the execution of their responsibilities under the Agreement.City 's approval of the
subcontractors below shall not limit the Contractor's or their subcontractors 'responsibilities,including
but not necessarily limited to insurance and indemnification ,under this Agreement.
Subcontractor Name &Address Summary Description of Subcontractor Role
Cedar Avenue Recycling &Transfer
Station ,L.P.
3457 S.Cedar Ave .
Fresno,CA 93709
Kochergen Farms Composting,Inc .
P.O.Box 11006
Fresno ,CA 93771
Cascadia Consulting Group
1046 West Taylor St., Suite 208
San Jose ,CA 95126
Toter/Wastequip
P.O. Box 7
Sanger,CA 93657
OITO Indu stries North America,Inc.
12700 General Drive
Charlotte,NC 28273
Transfer of solid waste,recycle and organic material
Processing of organic materials (green and food waste)into
compost
Waste prevention outreach to businesses and diversion
tracking/reporting
Acquisition ,delivery,and maintenance of carts and bins
Acquisition and delivery of carts
Page 1 of 1 Exhibit E
EXHIBITF
CITY SERVICE LOCATIONS
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Container Container
Addre ss Street Customer Name Service TVDe Q uantitv Size Freauencv
434 3 E GE TIYSBURG CITY OF FRESNO FIRE STA 6 Sol id Wa ste Bin 1 1 1
434 3 E GETIYSBURG CI TY OF FRESNO FIRE STA 6 Recvclino Bin 1 1 1
4343 E GETT YSBURG AVE CITY OF FRESNO FIRE STA 6 O rqanics Ca rt 1 96 1
815 E N EES AVE CITY OF FRESNO FIRE STA 13 Oraanics Cart 4 96 1
815 E N EES AVE CITY OF FRES NO FIRE STA 13 Recvclina Bin 1 1 1
8 15 E NEES AVE CITY OF FRESNO FIRE STA 13 Solid Waste Bin 1 1 1
2024 E PONTIAC WAY City of Fresno Recreation Solid W aste Bin 1 1 1
202 4 E PONTIAC WAY City of Fresno Recreation Recvclina Bin 1 1 1
10120 N CHESTNUT AVE C ITY OF FRESNO WATER'Sol id Wa ste Bin 1 3 1
10120 N CHESTNUT AVE CITY OF FRESNO WATER"Sol id W aste Bin 2 2 2
10120 N CHESTNUT AVE CITY OF FRESNO WATER"Recvclinq Bin 1 2 1
313 1 N FRESNO ST CI TY OF FRESNO FIRE STA 5 Oraanics Cart 2 96 1
3131 N FRESNO ST CITY OF FRESNO FIRE STA 5 Recyclinq Cart 1 96 1
4750 N FRESNO ST Cary Park Recyclina Bin 1 2 2
47 50 N FRESNO ST Cary Park Solid Wa ste Bin 1 2 2
5544 N FRESNO ST C ITY OF FRESNO FIRE STA 11 Solid Wast e Bin 1 3 2
5544 N FRESNO ST CITY OF FRESNO FIRE STA 11 Recyclina Bin 1 2 2
777 5 N FRIANT RD WOODWARD PARK Solid W aste Bin 4 4 3
777 5 N FRIANT RD Woodward Park'Recvclinn Bin 3 4 1
777 5 N FRIANT RD Woodward Park'Solid Wa ste Bin 4 4 3
777 5 N FRIANT RD Woo dward Park'Solid Waste Bin 1 5 3
10512 N MAPLE AVE CITY OF FRESNO FIRE STA 17 Solid Waste Cart 2 96 2
10512 N MAPLE AVE CITY OF FRESNO FIRE STA 17 Oraan ics Cart 2 96 1
105 12 N MAPLE AVE C ITY OF FRESNO FIRE STA 17 Recvclina Cart 2 96 1
4 170 N BRIXAVE C ITY OF FRESNO POLICE Recvclina Ca rt 1 96 1
4170 N BRIX AVE CITY OF FRESNO POLICE Solid W aste Can 1 96 1
4170 N BRIXAVE CITY OF FRESNO POLICE Orqan ics Cart 1 96 1
623 9 N POLK AVE C ITY O F FRESNO FIRE STA 14 Solid Waste Bin 1 1 2
6239 N POLK AVE CIT Y OF FRESNO FIRE STA 14 RecYclina Bin 1 2 2
7170 N SAN PABLO AVE City of Fresno Recreat ion Solid Waste Bin 1 3 1
7170 N SAN PABLO AVE C ity of Fresno Recreation Recvclina Bin 1 4 1
5140 N STATE C ity of Fresno Park Sol id Wa ste Bin 1 1 2
7114 N WEST AVE C ITY OF FRESNO FIRE STA 2 Recvclina Bin 1 1 1
7114 N WEST AVE CI TY OF FRESNO FIRE STA 2 Solid Wa ste Bin 1 1 1
287 4 W ACACIA AVE CITY OF FRESNO FIRE STA 12 Recyclina Bin 1 1 1
287 4 W ACACIA AVE CITY OF FRESNO FIRE STA 12 Solid W aste Bin 1 1 1
2874 W ACACIA AVE CITY OF FRESNO FIRE STA 12 Orqanics Cart 2 96 1
5171 W FAIRMONT AVE C ITY OF FRESNO WATER Solid W aste Bin 1 1 1
EXHIBITG
PUBLIC EDUCATION AND COMMUNITY OUTREACH PROGRAMS
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~EASY TO START!
~L"Ru:TcLE Fooo ScRAPS
----_SI\VEMONEYAND REsOURCES
~
o·~~~--------------------------
2.8 Public Education and Outreach Plan
Allied Waste Services is committed to working in
partnership with the City of Fresno to develop and
disseminate effective,targeted public education and
promotional materials on a regular basis to all customers.
Allied Waste brings a proactive, integrated approach to its
customer communications and will use a variety of methods
to convey service and recycling messages to reach various
audiences using bill inserts, direct mail, posters, paid
advertising,media relations,special events, reply and opt-in
emails, website and other methods as appropriate. Materials
will be translated into different languages upon request.
Allied Waste has used International Contact for translation
services. Samples of public outreach material including
bilingual brochures are in at the Additional Information section
at the end of the proposal. Annual estimates for expenditures related to public outreach are
included in the cost forms and are estimated to be in the range of $50,000 per year with the
first year start up estimate in the range of $150 ,000.
This media will be distributed in a variety of ways including direct mail,email notifications,
website postings, establishment of speaker bureaus at local chamber meetings,regular public
outreach at service organizations, open houses and homeowner association/multi-family
general meetings. These efforts will be supplemented by one on one meetings with our
recycling coordinators dedicated to the City of Fresno commercial franchise.
Allied is committing to participate in a manner mutually acceptableto the City and our company
in up to six community events per year. This could include the Fresno County Fair, Fourth of
July celebrations,Earth Day events and other City sponsored functions. The theme of the
participation will be diversion based and focus on how to increase the visibility of the recycling
programs.
We will implement our True Blue Looking Out for You
neighborhood watch program. This program employs the
visibility of our drivers who are in the community on a daily
basis to assist law enforcement officials in identifying and
reporting suspicious behavior through our dispatch
department. The program has also allowed our drivers to
identifysituationswhere they can assist in publicsafety and
assistance to the public during extreme weather events.
The adjacent photo is a real life event of a Republic
Services driver in Louisville,KY rescuing a stranded driver
from a disabled vehicle during a flood.
104
City of Fresno Request for Proposal Bid File #9133- Multi-Family and Commercial ,Solid Waste Recyclable
Materials, and Organic Materials Services - July 12, 2010
Content printed on 100% recycled paper
.....-.....___________________________O"~--
Allied will work collaboratively with the City of Fresno to develop and implement an effective
outreach plan.Carolyn Dickson, Allied's Fresno Division,Municipal Marketing and Public
Education Specialist will meet regularly with city staff to discuss and reviewthe progress and
effectiveness of the planand if the strategyneedsto changed.All materialswill be approvedby
the City beforethey are printed.
Working with individual commercial customers to reduce contamination in the materials
set out for collection is the one of the keys to collecting clean loads .Allied believes the
success of its commercial recycling program is due to consistent interaction with the
individual customer. Customer education and Allied Waste 's involvement is vital in
meeting and exceeding diversion requirements and establishing solid sustainability
practices in the work place.
In other areas, Allied Waste customers such as HP Pavilion ,Adobe Systems, Sam's Club ,
Costco and Valley Crest Landscaping have benefited by partnering with Allied Waste,
each has expanded its recycling programs to include organics, single stream recycling
and implemented waste reduction programs for employees .Allied Waste was
instrumental in assisting Adobe Systems achieve "Green Business" status and continually
works to ensure best env ironmental practices are utilized in the collection of materials.
Allied's exemplary track record with both large and small businesses over many years of
service is due to our expansive outreach and technical assistance program to our
customers. This program includes Allied Waste and Cascadia Consulting Group staff
dedicated to performing timely and appropriate site assessments at individual businesses
to assess recycling needs .
The assessments include observing the materials flow within the business and auditing
what is being disposed. Recyclable materials in the garbage, and contaminants in the
recyclables or compostables are noted on an assessment form ,and staff then schedules
time to discuss service option changes with the business manager. Allied Waste makes
the appropriate changes to service as recommended by the assessment. Copies of
waste audit forms for commercial businesses including a food waste assessment form are
included below. Similar forms will be used for assessment of material from businesses
within the City of Fresno.
105
City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial, Solid Waste Recyclable
Materials ,and Organic Materials Services - July 12, 2010
Content pr inted on 100% recycled paper @
Vis it In formation
Date of Audit :[MM/DDjYYYYj Time:[HH:MM arn/prn]
Waste Ar eas Audited :Office,Kitchen,Bathr oom,Break room,W areho use,Recej'/ing
Customer Information
Customer 10:
Customer Name :
Service Add ress:
CO ntact Person:
Phone Num ber :
1/of FTEs
(####JI#il j
[Name]
[AddressJ
[First,Last]
(#/III)/IIIIt-/l###
[#/IIIJ
Billing Address: [Add ress I )
[Address 2)
[CityJ
[Zip]
Est.square feet [#lI#lI j
(St ate]
Current Service Leve ls
Garbage container audit key findings
RecycLJbl
es ,lor.
Recyclables
Paper and cardboard
Beverage and other r ecyclable con tainers
Ot her recyclable p last ic
Composlllbies ~,¢
20 %
0%
Ga r bage.
60%
Compost.
bles,lOo/.
comcosteb le food waste,......ood,
restroom paper towels
Preventnble WnSfe ,.
Reusable material
20%
Comments *,
106
City of Fresno Request for Proposal Bid File #9133- Multi-Family and Commercial, Solid Waste Recyclable
Materials ,and Organi c Materials Services - July 12, 2010
Content printed on 100%recycled paper
Breakdown of Tasks
Task 2. Develop Categorical Site -Specific
Waste Audit Plans
Cityof Tucson
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Facility name and bu siness type
Business contact information
Waste generation areas
Type and vo lume of current wa ste stream
Curr ent waste handling procedures
Existing waste i nfrastructure
Collection schedule fo r waste and r ecyclables
Current waste and recycling collection costs
•
•
•
•
•
•
•
•
The Questionnaire w ill be completed by the contractor
during the walk-through audit (task 3). Cascadia also will
ask each au dited busine ss to re view the que sti onnaire to
en sure its accuracy.The comp leted q uest ionnaire
(Tucson Wa ste and Recycling Audit Form)will be
pro vided to the City w ith th e summary documents
r equired in Task 4 be low.
Task 1.De velop an Informa tional
Questionnaire
Cascadia proposes to d evelop an in formational
qu estionnaire by customizing it s comprehensive Waste
and Recycling Audit Form developed and tested in cities
r anging from Seattle to SanFrancisco,Uvermore,and
Palo Alto .An exa mple of this d ata coll ection t ool app ears
in Append ix A (a screenshot is provided to the right In
Figure 1).We wi ll w ork clo sely with City st aff to r efine
this do cument to e nsure th at it full y meetsTucson's
needs, and that it documents,at a minimum,the
foll owing i nformation for each targeted bu siness:
Cascadia und erstands that d ifferent bu siness sectors
gener ate vastly different am ounts and types of wa ste,
achie ve varying levels of recycl ing success,and face
w idely d ifferent wa ste reduction and re cycling
opportunities .Having conducted thousands of large and
small waste and recycling audits in a range of settings,
Cascadia ha s experience working w ith a variety of
busines ses from m anufacturing faci lities to office
buildings,strip malls, large r etailers,educational
institutions,and hotels an d re sta urants .From th e
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Figure 2
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City of Fresno Requestfor ProposalBid File #9133-Multi-Family and Commercial,SolidWaste Recyclable
Materials,and Organic Materials Services - July 12. 2010
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manufacturing line to the accounting department,from boardrooms and break rooms to restrooms,Cascadia
helps businesses ident ify their key waste generation areas and capitalize on waste reduction and recycling
opportunities specific to their sector.
Based on this experience and knowledge of different business practices,we will develop specific plans for
each targeted business type. The categorical site-specific plans willdraw on typical protocols developed by
Cascadia. An example of these protocols is presented inAppendix B (screenshot in Figure 2).
Againwe propose to work closely with Oty staff to develop plans for the following business sectors:
•
•
•
•
•
•
Offices
Small Retail (convenience stores,specialty stores,etc.)
larger Retail (department stores,markets,etc.)
Industrial Facilities
Schools
Hotels
Task 3. Conduct Business Walk-Through Waste AUdits
Utilizingthe Wasteand Recycling Audit Form,an appropriate site-specific WasteAudit Protocol,and
Cascadia's Excel-based business audit tool, we will perform Walk-Through Waste Audits of at least three
businesses per week. Ata minimum,the waste audit will include the following steps:
•
•
•
•
•
•
•
An evaluation of the current wa ste and recycling practices of each business audited
Documentation of current types and volumes of materials disposed and/or recycled
Inspection of the facility's historic disposal records to evaluate frequency,volume, weight,.and costs
Completion of questionnaire
Review of questionnaire by business audited
Documentation of key opportunities for waste diversion and waste service reduction highlighting
associated cost savings
Ident ifying internal collection container needs,customer staff training needs,including number of shifts
and employees,and other technical assistance needs.
Our approach to conducting waste and recycling audits is described below in detail. The approach includes
four critical elements:the people,ourhand-heldaudit tool,the on-site process,andproposeddeliverables.
The Peop ie-Recruitment and Training of Audito rs
To complete the weekly business audits in a cost-effective and efficient manner,Cascadia will recruit, hire,
and train Tucson-area candidates.Our proposed process willinvolve the following tasks:
•Recruit localTucson-area candidates,screen these cand idates,and select an eligible pool of applicants to
interview,hire,and train. Our HR department willlead this effort working closely with local employment
agencies,Universityof Arizona and Pima Community College personnel,and local environmental groups.
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•Train recruited outreach t eam through a half-day intensive in-class training session followed bya day-
long field tra ining session led by experienced cascadia business outreach staff.Training willinclude:
Background on outreach program implementation including :
program goals and background
data collection devices (e.g .•tablet peS)
data tracking tools [e .g.,MS Excelor Access)
audit forms
Familiarization with the Cityof Tucson recycling program.
•Ongoing monitoring and overs ight by professional Cascadia outreach staff.
Cascadi a 's To ols f or Eff icien t Data Collection
Cascadia has developed an Excel-based tool to facilita te
more efficient commercial outreach activities.cascadia
will modify our existing outreach tool for this project.
The outreach tool automatically draws from hauler
waste account records,minimizing the data entry effo rt
required by outreach staff .
Once the hauler data are available,the tool allows th e
outreach staff to review the existing contact
information and service levels for each commercial
waste and/or recycling account.If the information is
incorrect,outreach staff can flag the incorrect field an d
change information directly in the form .The outreach
staff can select the business sector,which automatically
populates an average waste disposal composition
profile for the business.If the profile seems wrong,the
staff can conduct a visual waste aud it and input t he
new composition,overriding th e default values .
Next,the calculator addresses future waste reduction
and recycling activities with the busine ss.The outreach
staff selects the actions that th e business is interested
in implementing from a menu of options.The tool will
automatically calculate the reduction in waste from
these actions,based on average business experiences,
and recommend new service levels based on the
change in volume. If necessary,the staff can manually
change the tool's assumptions and recommendations.
The tool produces recommendations and cost savings
estim ates Inan ea sy-to-read repo rt for the business .
'=::::'~7_.~"2 'd _...._.'1"(.t c:
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I C
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I 0
',-..n,-'''..........h ..._iI -'"......h~~J
..........~.*'_l."".
Figure 3
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"'...I"i"....-.............t ......~••_.J--.."'....-..f J ,....'I ·'_""~~,
....."'~~Iilnlli.l_....,'MM I,........."I.~~?
~t"'~~.~~
o ~.t I'1'OIf''''I.',,~_"'4 ~.,.""'.nn'fJ.-.......I.,w.Mlet.-~II ~allJ.POQI
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'tty ?,.,[f!I,hrr i .f ~f .,1 0
....."
In addition to pr oviding a report for the business,the .......,......-,
tool can also summarize th e re sults of the outreach in a -,---..--.-,.,"_'_"__"'_"_"~'_'__"__'"W'
Figure 4
report for the waste hauler or City.This report highlights any information that was updated in the
visit.recommended service level changes,whether additional follow-up is needed,and any other information
helpful to track for the project.
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Cityof Fresno Request for Proposal BidFile #9133·Multi-Family and Commercial ,Solid Waste Recyclable
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This outreach tool efficiently generates recommendations and calculates cost savings,tonnage reductions,
and greenhouse gas savings from a single waste reduction and recycling site visit. It compiles useful reports
for the business and for the service provider,while streamlining information that the outreach staff need to
communicate on site with the business.
The Audit Process
Cascadia will conduct on-site waste audits at a minimum of three businesses each week during the course of
the project.The audits will identify key materials and areas of opportunity for waste diversion and reduction.
This work involves conducting a visual audit of the materials found in waste and recycling collection
containers.During the audit,our outreach specialists will provide customers with estimated cost savings
associated with imp roved recycling, tips on increasing recycling,recommendations on container needs, an d a
list of actionable next s teps. Our auditors also will prov ide cu stomers with posters and brochures.an d w ill
note the correct number of recycling carts and/or detachable recycling containers needed.All visits and
assistance will be tracked and reported to the City.
Prior to conducting audits,we recommend that the City send a letter to all businesses informing them of the
new program and the upcoming visit from an authorized auditor.This letter may be accompanied by program
brochures.Direct communication from the City makes contact by the outreach team more credible.
Key steps in the audit process will include the following three activities:
1.Contact business to make an audit appointment.
ACascadia representative willa ttempt to identify key decision makers within each busi ness and make the
bu siness case for resource co nservation.This conversation will focus o n th e cost -savings associated with
waste reduction and recycling-a proven motivator for businesses.
2. Conduct site visit.
Once on site with the business,Cascadia's auditor will first confirm and update the fo llowing information by
entering directly into our tablet pc:
•
•
•
•
•
•
Date of visit
Primary contact name and information
Current service level
Historic disposal information
Current waste recycling and composting services
Materials recycled (single stream,cardboard,glass, etc.)
After entering and updating current conditions.we will conduct a waste and recycling audit as described in
the attached Tucson Waste and Recycling Audit Form and Audit Protocol Form.During the audit process the
Cascadia auditor will visit key sites within a business such as work stations,manufacturing/production sites,
break rooms,copy and supply rooms,cafeterias,warehouses,and loading docks .We will conduct a visual
audit of the contents of all dumpsters or carts.We will speak with office,warehouse,or purchasing managers
as ne cessary to understand company policies and procedures,we will document the Internal collection
Infrastructure,a nd we will talkwith employees to und er stand common on-the-ground practices.If th e
customer has a compactor,we will conduct visual audits of the compactor loads at the relevant transfer
station or disposal site.
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Our waste auditors are trained to recognize waste prevention opportunities.After conducting each waste
audit,our auditors willidentify a listof effective waste prevention strategies that shou ld appeal to each
business and result in resource savings. These strategies will address the range of concepts that fits under the
waste prevention umbrella, including making production processes more efficient, improving purchasing
decisions, managing material flows, reducing toxicity,and changing designs. We will emphasize opportunities
that are conducive to measuring change .
We will then translate these strategies into language that appeals to each business community,so that we
are talking with them about efflclencv or cost savings or supply -chain management rather than waste
prevention.We'll incorporate these messages into outreach and promotion strategies and tools designed to
pique a business'interest.Although the final communications plan will be developed once the project is
underway,Cascadia offers the following ideas for potential promotional campaigns:
•
•
•
•
Focus on bottom-line performance results.We could develop and distribute a "Waste Prevention for
Businesses"toolkit that includes a tool for calculating the cost savings associated with specific waste
prevention steps and strategies.
Provide free advertising.Recognition programs mean free a dvertising and a polishing of a company's
public image.Therefore,we will ensure that businesses understand that waste prevention activities can
help lead to these benefits.
Build awareness of the waste prevention program.We will seek opportunities to take the waste
prevention message to key decision makers through trade organizations such as the local chapter of the
National Association of Purchasing Managers (NAPM).Thismight include newsletter articles,
presentations at local chapter meetings,or advertising in local trade publications.
Add a highly visible "save money"button on the City of Tucson's website.as well as on the recycling
and garbage sub-directories.The button would linkto a waste prevention assistance page .
Bottom line:The Cascadia team includes individuals who are exceptionally skilledat helping businesses
understand and implement waste prevention strategies that are relevant to the wav they do business. Our
Account Executives willuse direct mail, cold calls,email, and site visits to recruit targeted businesses.We will
offer cost-benefit analyses,perform high-level waste audits,and work with appropriate personnel at each
company to develop a suite of waste prevention practices that can work for them.
3. Record findings and develop recommendations
Asan integral element of our audit. Cascadia staff also will note needed improvements.which are necessary
for expanding recycling:
•
•
•
Required new waste and recyclingservice levels.
Number of new recyclingcarts and/or containers needed.
Customer staff traini ng needs.including number of shifts and employees.
Asa final step,we will document the findings of the facility and/or waste audits and provide
recommendations to each business for reducing waste,implementing re-use,and enhancing recycling. Our
recommendations willbe accompanied by an estimate of cost savings based on the difference between
waste disposal and recyclingcosts or on the experiences of other businesses,as well as relevant brochures
and other existing resources.
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City ofFresno Request forProposal Bid File#9133-Multi-Family and Commercial,Solid Waste Recyclable
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We also will explore with Oty staff the possibility of using pledges to secure business participation in this
program.We will encourage businessesto sign th is pledge to provide essential information and internal staff
resources and to respond to our recommendations in a timely fashion.
All data will be collected on site arid recorded on hand-held tablet Pes using a data tracking program in Excel
or Access.
4. Usefindings to strengthen participating businesses
While the results of each audit are intended to lay the groundwork for city planning and build momentum for
community-wide progress, we anticipate that some businessesmay find the data useful for building and
sustaining-and even broadcasting-ongoing progress toward waste reduction goals.Businesses,like
individuals,love to be recognized for "doing the right thing."Therefore,we will draw attention to established
local and national recognition programs throughout the duration of the project.Where feasible, we can
support high-performing businessesby facilitating award applications,by spotlighting successstories through
program publications and earned media, or by developing in-building signage to highlight environmental
performance in high-profile business settings. In addition,to the extent possible, we will take advantage of
broader,industry-specific awards opportunities available through relevant business,trade, and professiona l
associations .
Deliverables and Results
Within 30 days of completion of each waste audit,Cascadia will compile the results of the audit and submit a
summary report to the Oty as well as an Excel spreadsheet,including the items listed below:
•
•
•
•
•
•
•
•
•
Businessname
Category and current service type
Commercial business'waste and recycling service provider,if not serviced by the Oty
Collection equipment currently in use
Generation (waste and recycling) rate in cubic yards
Recommendations to add or increase recycling quantities
Recommendations for source reduction and potential volume reductions
Implementation costs
Projected cost savings,estimated volumes and tons diverted,and GHG reductions achieved for each
recommendation
Standard report formats used by Cascadiaappear below i n Figures 5 and 6.
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Cityof FresnoRequestfor ProposalBid File#9133-Multi-Family and Commercial,SolidWaste Recyclable
Materials,andOrganicMaterialsServices- July 12,2010
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'CASCADIA
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City of Fresno Request for Proposal Bid File #9133-Mult i-Family and Commercial ,Solid Waste Recyclable
Materials,and Organic Materials Services - July 12 ,2010
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~~S C A D I A
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial ,Solid Waste Recyclable
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Recommended Service Level
Recommendations to echiL'Ve Increased diversion s:,"
P I f l R l t d S '.
o e ,,.~CullelltCDsts
'j;;,Pr ed CDsts
40.•-or Resulq savings Per month:Per ear:
I ~PlOjooed deaea§eln
Allied recognizes that successful diversion programs in the workplace must involve every
employee which is why all customers are provided with a comprehensive outreach
program that reaches out to each individual. Desk-side recycling boxes,multi-language
posters, brochures, fliers and "how to" kits for office recycling coordinators are provided
free of charge and whenever needed.
Allied's dedicated account managers and recycling representatives are forward thinking
and continually offer options and ideas to reduce residue and increase diversion. This
includes presentations to office staff,maintenance staff and providing frequent updates
and tips on our local website .It is our goal to educate Fresno businesses on the best
ways to become - and remain - sustainable, maintain their bottom line when it comes to
waste and recycling collection and to instill a sense of ownership and pride in keeping
Fresno green .Allied Waste is in a unique position to offer customers the greatest
opportunity to be an environmental partner in every way possible .
MUlti-family
Allied Waste Serviceswill providethe following public outreach:
• Mail an introductorybrochure announcingthe new company and new services
• Mail a Customer Guide for Managers and Owners that gives an overview of all
services and encourages them to have a recycling program, offers waste audits,
posterslf1yers,apartmentrecyclersand any other assistancethat may be needed
• Print a Guide for Tenants that is available for managers/owners to distribute to their
tenants to demonstrate how easy recycling can be, what can go in an apartment
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial,Solid Waste Recyclable
Materials ,and Organic Materials Services - July 12,2010
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~__________________________0 ..-..0 ~
recycler and a number to call for questions and/or assistance.This brochure will be
included with the Customer Guide for Managers when it is initially mailed out
• Provide managers with "Move-In" kitsto get to their new tenants on recycling
• Mail four (4) postcards a year in lieu of bill messages
• Mail two brochures to managers regarding a specific topic as determined by the City
~.,..-.~~:.r.>"'"~_~'.al"~
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Commercial
Allied Waste Services will provide the following
public outreach:
• Mail an introductory brochure announcing
the new company and new services
• Mail brochures about recycling targeting
different types of businesses
• Meet with local business associations
• Conduct at least 10 training sessions on
recycling and compostables
• Produce Starter Kits for food scrap program
• Mail quarterly newsletters that will include
articles on recycling, waste reduction and reuse, food scrap program, hazardous waste
and any other information requested by the City
• Produce and distribute Recycle and Resource Guide
• Mail holiday collection schedule
• Conduct waste audits on forms approved by the City.Offer recommendations,
posters, public education materials and any other requested assistance
• Mail 4 postcards in lieu of bill messages
Allied will review plans for land use or property developments to assess the adequacy of
container enclosure space allowances for solid waste,recyclable materials,and organic
materials collection containers and the accessibility of containers by our collection vehicles.
This review will be completed by an Allied Operations Manager or Route Supervisor within ten
business days of request and receipt of project design drawings.
Handouts will also be made available to the specific city department with enclosure sizes that
includes the radius for open enclosure doors and how much clearance our trucks need.
Another handout will include recycling options and the benefits of de-construction and Allied
Waste contact information.A construction and demolition brochure will be available for
contractors and residents who are deconstructing or remodeling. It will have images of what
types of material are recyclable and explain how only 50% of the load can be garbage.Upon
discussions with the City. Allied Waste will schedule meetings with the
development/building/real estate community to educate them on recycling and waste
reduction/reuse options and to respond to any questions or concernsthey may have.
Landscape contractors and companies will be contacted to make sure they are recycling their
yard waste. Our Commercial Recycle Coordinator will provide these businesses with
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City of Fresno Request for Proposal Bid File #9133-Multi-Family and Commercial,Solid Waste Recyclable
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information aboutnotland filling theiryardwasteandwhatoptionstheyhave.
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City of Fresno Request for Proposal Bid File #9133-MUlti-Family and Commercial,Solid Waste Recyclable
Materials,and Organic Materials Services - July 12, 2010
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EXHIBITH
SCHEDULE FOR LIQUIDATED DAMAGES
This page intentionally left blank
EXHIBIT H
SCHEDULE FOR LIQUIDATED DAMAGES
Contractor may be assessed Liquidated Damages pursuant to Section 13.5 if Contractor fails to
fulfill its obligations with regards to the events listed in this Exhibit in accordance with the terms
and conditions of the Agreement with regards to the time frame for accomplishing each event
and nature of the responsibility associated with the event,unless otherwise stated in this Exhibit.
COLLECTION RELIABILITY
I.Maintain Collection Schedule.For failure to Collect from all
$25/
Customers on a route on the scheduled day (unless non-Collection was ontainer
warranted pursuant to this Agreement)
2.Start New Customer.For each failure over five (5)during Rate $150/eve nt
Period to commence service to a new Customer within seven (7)
calendar days after order received and account number established
3.Missed Pick-Ups.For each failure over fifteen (15)during Rate $150/event
Period to Collect Solid Waste ,Recyclable Materials,or Organic
Materials,which has been properly set out for Collection by a
Customer or City on the scheduled Collection day
4.Collection of Missed Pick-Ups.For each failure to Collect missed $300/event
Containers after notice from Customer within twenty-four (24)hours
of receipt of the Complaint
5.Consecutive Missed Pick-Ups.For each failure to Collect Solid $150/eve nt
Waste ,Recyclable Materials or Organic Materials which has been
properly set out for Collection,from the same Customer or City
location on two (2)consecutive scheduled pick ups
COLLECTION QUALITY
6.Leaks,Litter,or Spills.For each occurrence over five (5)during $300/event
the Rate Period of unreasonable leaks ,litter,or spills of Solid
Waste,Rec yclable Materials,or Organic Materials near Containers
or on public streets and failure to pick up or clean up such material
im mediately
7.Improper Container Placement.For each occurrence over twelve $150/event
(12)during the Rate Period of failure to replace Containers in
original position ,upright,with lids attached to or on Carts or Bins
8 .Care of Private Property.For each failure over twenty-four (24)$300 /eve nt
during the Rate Period of not closing a Customer's gate ,crossing
planted areas,or damaging private property (including private
vehicles)
Page I of 4 Exhibit H
9.Repair of Private Property.For each occurrence over five (5)
$250/event
during the Rate Period of failure to repair damage to property within
thirty (30) days of the date the damage was reported
10.Unauthorized Collection Hours.For each occurrence over five (5)
$300/event
the during Rate Period of Collecting Solid Waste ,Recyclable
Materials,and Organic Materials during unauthorized hours
11.Excessive Noise. For each occurrence over twelve (12) during the $300/ event
Rate Period of excessive noise
12.Non-Collection Tags.For each failure over twelve (12) during the $150 /event
Rate Period of not tagging Containers which have not been
Collected explaining the reason for non-Collection
13.Cleaning Collection Vehicles.For each occurrence over five (5)
$150/ event
during the Rate Period of failure to clean Collection vehicles one
time per week
14.Discourteous Behavior.For each occurrence of discourteous $500/ event
behavior by Collection vehicle personnel,Customer service
personnel ,or other employees of Contractor
15.Injuries to Others.For each incide nt o f personal injury to a Person $5,000/
requiring medical treatment or hospitalization. \ here the negligence incident
of the Contractor or its personnel was a contr ibuting factor to the
injury
CUSTOMER SERVICE RESPONSIVENESS
16.Call Responsiveness.For each failure to answer the telephone
$300 /even t
during business hours specified in the Agreement or failure for
answering machine to record call during non-business hours
specified in the Agreement
17.30-Second Average Speed of Answer.Failure to answer ninety
$25/ call
percent (90%)of calls received during office hours within thirty (30)
seconds
18.3-Minute Average Speed of Answer.Failure to answer 99.5
$25/call
percent of calls received during office hours within three (3) minutes
19.After-Hours Call Returns.Failure to return 99.5 percent of calls $25/ call
received on Contractor's answering machine before noon of the
following Business Da v
20.Complaint Level.Failure to maintain Complaint level below $10 ,000/
0.005%where the percent is calculated equal to the number of quarter
Complaints divided by the total service opportunities (the total lifts
performed in the reporting period)
21.Respond to Complaint or Service Request.For each failure to $300 /event
inform Customer, within Business Day of receipt of the Complaint or
service request,of the action Contractor will take to remedy a
Complaint or to respond to a service request
Page 2 of 4 Exhibit H
22.Resolve Complaint or Service Request.For each failure to resolve $3001 eve nt
or remedy a Complaint or Service Request within five (5)Business
Days of receipt of Complaint or Service Request with the exception
of missed pick -ups which are addressed below
REPORTING AND NOTICING
23.Monthly Reports.Failure to submit monthly reports in the $1001 day report is
timeframe specified in this Agreement overdue
24.Quarterly Reports.Failure to submit quarterly reports in the $2001 day report is
timeframe specified in this Agreement overdue
25.Annual Reports.Failure to submit annual reports In the $3001 day report is
timeframe specified in this Agreement.overdue
26.Report Hazardous Waste.For each failure to notify the $5001 event
appropriate authorities of reportable quantities of Hazardous Waste
27.Application for Contractor's Compensation.Failure to submit $3001 day report is
application for Contractor's Compensation in accordance with the overdue
timeframe established in the Agreement
PUBLIC EDUCATION
28 .Newsletter.Failure to prepare and mail semi-annual newsletter to $1501 day for each
all Commercial Customers by the end of the year or middle of the day until mailer is
year sent
29.Initial Mailing to Businesses.Failure to send initial mailing to $3001 day for each
businesses on or before the date specified in the implementation day until mailer is
plan in Exhibit D sent
30.Mailers to Businesses.Failure to prepare and distribute "how-to"$1501 day
brochures for each of the four (4)business types
31.Targeted Outreach.Failure to conduct on-site Customer $2501 Customer per
outreach and waste audits as required by Section 7.1 twice per Rate Period
year for each Multi-Family Customer and once per year for each
Commercial Customer.
Page 3 of 4 Exhibit H
OTHER
32.Disposal of Organic Materials.For each Ton of Organic $250/Ton
Materials Disposed of without written approval of the City
33.Comingling of City Waste with Other Jurisdictions.For each $500/event
occurrence of Contractor mixmg olid Waste. Recyclable
Materials,and Organic Materia ls Collected in the ity with other
materials collected from other jurisdictions before the City 's
material ha been accurate ly weighed and recorded. Each
occurrence shall include all material collected by a single vehicle
in one delivery to a facility.
34.Use of Unauthorized Facilities.For each Ton of Solid Waste,
$250/Ton
Recyclable Materials,or Organic Materials Disposed or Processed
at a facility not approved for use under the provisions of this
Agreement
35.Maintain Web Site.Failure to maintain accurate and complete $150/day
web site dedicated to the services Contractor provides the City
36.Transition to Next Contractor.Failure(s) to take direction from $50 ,000
City , provide data reque ted by ity within twenty (20) Busines
Days of such a request, or fully cooperate with the ityand/or
next contractor as required by Section 4.7.
37.Failure to Perform Other Obligations.Failure to perform any $150/for each
of the obligations set forth in this Agreement not specifically obligation per day
stated above and not corrected,or proceeding in good faith to until obligation is
correct,within twenty-four (24) hours of notification by City:performed
In placing designee's initials at the places provided,each Party specifically confirms the
accuracy of the statements made above and the fact that each Party has had ample opportunity to
consult with legal counsel and obtain an explanation of Liquidated Damage provisions of the
time that the Agreement was made.
Contractor
Initial Here:----
City
Initial Here:-- --
Page 4 of 4 Exhibit H
EXHIBIT I
INTENTIONALLY DELETED
This page intentionally left blank
EXHIBITJ
CITY-APPROVED MAXIMUM PERMISSIBLE CUSTOMER RATES
This page intentionally left blank
Form lA -Commercial &Multi-Family Solid Waste Bin Service
Initial Monthly Rates
Service L evel P m roscd So lid W aste R alcs
Assumed r--l
LB .IC Y l....!lLJ
Pcr
Cubic-Yard
Rate
(A)O pe ra ting Co st C om ponent
(8)Processing C o mpo ne nt
(C)Dis posal Component
(D)Fee C omponent
(E )To t al
(F)(G)(I n (I)(J)(K)(L)(M)(N )(0)
Service L evel Ye ar 1
Siz e
Wkly .
~Vo lume
Volume
Fac tor
Fre q.
Fac tor
Es tm.
Numbe r o f
Ac counts
O perating
Compon ent
Pr oc es sing
Com ponent
D isp os al
C o mp onent
Fee
Component Tot al
To tal An nual
Rev enue
[,\.F 'G • II ](Il'F'G •I I]Ie 'F J ID 'F'G •HI I J t K t I.+~\I (I •~•12 I
32 Gal J /w k 0 .2 1.33 1.00 o 4 .1 6 $$1.27 $1.00 s 6.4 3 "
32 Gal 2 /wk 0 .3 1.33 1.02 o s 8,49 $s 2 .54 S 2.0 4 S 13.07 S
32 'Gal 3 /wk 0.5 1.33 1.04 o \2.99 S s 3.80 S 3.12 s 19.9\s
i:~2 Gal ,4'/wk
'"
0 .6 1.06 o s 17 .65 S s 5 ,0 7 S 4 ,24 s 26.%s
32 Gal ,5'/wk
32 Gal "QIwk
x~
0.8
1.0
1.3 3
1.00
o
o
s
s
22.4 8 s
20.66 "s
6 ,34 s
7.6 1 S
5.4 0 S
4 .96 S
34.22 s
33.23 S
64 Cial I /wk 0 .3 1.33 1.00 1099 .5 8.33 S s 2.54 2.00 12.86 S 169.628
____Q '!2.:Q~__~j .!.?.:72.J !.!~~LJ ?~~_~__c~_
66.4()$
43.06 s
2 6.14 S
54.6 1 S
3 1.83 S
s.u
9.92 s
4 .69
6.37 s
7 .6 1
5.07 s
10.14 .5
S 15.21 S
S 12.68 S
s
s16.99 s
4 1.32 s
19 .54
26 .55 s
33 .8 1
o
o
o
o
o
1.12
1,10
1.04
1.08
1.06
1.02
1.00
1.00
1.00
1.00
1.00
1.33
2 .2
1.0
1.9
1.3
0 .6
1.6
64 (,<I I 4 /wk
64 Ga l 6 !\\ k
64 Ga l .o /w"
64 Ga l 7 /\\'k
64 Ga l 5 I\\k
96 Ga l 2 /\\'k
<J6 Gal 3 /wk
96 Gal 1 I\\'''05
1.0
1.4
1.33
1.00
1.00
1.00
1.02
1.04
92 4
o
o
.5
S
s
12.\9 $
19.16 s
29.30
3.80
7.61
s 11 041
3.00 s
4 .60
7.04 s
19 29 s
J 1.37 S
4 7.75 $
213.926
96 Gal 4 /wk 1.9 1.00 1.06 o s 39 .82 s 15 .21 S 9.-6 s 64 .60 S
96 Ga l 5 /wk 2.4 1.00 1.08 o $50.72 19.02 12.18 s X1.91 S
%(ia l I)/wk 2.9 1.00 1.10 o 6 1.99 s s 22 .8 2 S 14.88 S ()9.69 S
Form lA -Commercial &Multi-Family Solid Waste Bin Service
Initial Monthly Rates
Se rv ice Le vel Pro ose d Solid Waste Rlltes
Assumed r-J
LB S .lCY l.....JlL.J
(A) Operating Cost Co mponent
(8)Processin g Component
(C)Disposal Component S8 .QO
(D)Fee Com ponent $4.74
(E )Total $32.5 1
(F)(G ) (H )(I )(J)(K)(L)(M)(N )(0 )
Se rvice Le vel Year I
9,63 7
54,615
117.424
160,773
Tota l Annual
Revenuc
66.00 $
98 .94 S
3 2.51 s
133.84 S
To tal
4 .74 $
\9.72 S
9.68 s
1-I .5l S
Fcc
Co mponent
ID 'F 'G ' HI 1.1 'K -t L ,~Il I I 'N '12I
8.00 5>
(C'F )
5>16.00 5>
5>
S 2-1 .0 1 s
S 32.0 1 S
Processing.
Co mponent
19.76 $
82.12 S
60.42 $
40 .3 1 S
Ope rating
Compone nt
[,\ .F 'G •H ](B 'F 'G • H I
s
46
6
20 3
30 1
Es tm .
Number or
Acco unts
1.06
1.00
1.04
1.02
Frcq .
Fac tor
1.00
1.00
0.98
0 .98
Volume
Factor
2ICY.2/wk
I CY.I Vwk
1 CY.3/wk
1 (Y.t '4 /wk
Wkly.
Freq.Volume
1 CY. 5 1wk
1 CY.6 /wk
5
6
0.98
0 .95
1.08
1.10
4 s
s
104 .58 $
12 3.9\s
s 40 .01 $
s 4R.01 s
25.11 s
2 9.75 $
169.70 s
201.6 7 s
8.146
2,4 20
o S 147.19 S s .56.02 s 3 5.34 s 238.54 s------------------------------------------------------------------------------------------------------------
2!C Y.I /wk 2 1.00 1.00 235 s 39.52 s S 16.00 S 9.49 S 65 .02 s 183,353
2 CY.2 /wk
2 CY.3 /wk
4
6
0.98
0.95
1.02
1.04
395
82
s
s
79.01 s
11 7.15 $
5 32 .0 1 S
s 48 .01 $
18.9 7 $
28.13 s
13 0.00 S
193 .29 S
6 16.191
\90,199
2 CY.-l zwk
2 CY.5 /wk
2 ~Y .6 /wk
8
10
12
0.95
0.95
0.93
1.06
1.08
1.1 0
13
13
II
159.20 s
202.76 $
242 .60 S
s 64.02 $
s 80.02 s
S 96 .03 5;
3 8.23 s
4 8.68 S
58.25 5;
26 1.45 $
33 1.46 s
396 .88 S
4 0 ,786
5L709
52.38 8
3 CY.I /wk 3 O.I)!!1.00 177 s 58 .10 s S 24 .0 1 S 13 .95 5;%.06 51 20·L026
.1 CY,2 /wk 6 n.95 1.02 469 114 .90 s s 4 1Ul!$27.59 s 190 .50 s I,(j72.120
3 CY.3 fwk 9 0 .95 1.04 200 175.72 s S 72.02 $4 2.19 s 2 89.94 s 695.8-1 9
3 C .4 /wk 12
15
0 .93
0.9.,
1.06
1.08
64
22
S
s
233.78 s
297 .73 s
S 96 .03 s
s 120 .0-1 S
56.13 s
7 1.49 s
3 85.94 s
·IS9.26 s
296,399
129.16-1
3 Y. 6 /wk I II 0 .93 1.10 23 36 3.90 S $1-1 4 .04 S R7.37 s 5 95 .3 1 S 164.307
9 418 .32 S },168.05 S 100.'14 s 686 .81 S 74.176----------------------------------------------------------------------------------------------------
Form lA -Commercial &Multi-Family Solid Waste Bin Service
Initial Monthly Rates
Service Level Pro osed Solid Wasle Rales
Assumed r-I
LBS.lCY L.!2LJ
(A) Operating Cost Component
(8)Processing Component
(C)Disposal Compon ent
(D)Fee Component
(E)Total
Per
Cubic-Yard
Rate
$8.00
$4 .74
$31.51
(F (H )(I )(J)(K)(L)(M)(N (0)
Service Level Year I
Total Annual
RevenueTotal
Fcc
Compo nent
Disposa!
o mpon 111---- - ----"----------------1
Process ing
omp oncnt
Operating
'OlllpOl1 e nt
Esun ,
Number or
Accounts
Freq.
Factor
Volume
Factor
Wkly.
Freq.VolumeSize
(A'f 'G •HJ [13'f'G 'HI rc-f l ID'J"G'HI (J +K +L +M](I 'N '1 2 ]
3,810
164,450
160.10 S
795 .58
47".58 S
967 .93
627 .64
3 17.50 s
774.34 s
128.08 $
636.46 s
254.00 s ':,929,628
380.47 s .8'53) 65
514 .58 $'"
Ill.GO s
23.2 -
90.5 3 s
68 .84 s
74.84 $
5:.07 $
92.24
36.78 s
".98 s
115 .30 S
112.74
140.92 s
32.0 1
96.03 s
80.02
64.02
120.04
40 .0 1
S 160.05
S 240.07 s
S 200.06 S
S 128.04 S
S 192.06
s 160.05 S
191.49
96 .83 s
77047 S
480.22
586 .9 ~
377.06
229.37
469.5 s
286 .71
384.17 $
3 11.70 $
$
s
s
s
s
o
o
o
o
o
14
36
44
62
187
107
305
!.I 0
J '<)2
1.00
1.06
1.01
1.0S
1.0..\
1.10
1.0R
1.06
1.00
1.0..\
0.90
O.lJO
0 .95
O,9S
0 .90
0 .90
0.93
0 .90
0 .93
0 .03
..\
5
15
10
12
16
20
20
30
25
1..\
5 CY...\in k
5 CY.6 /wk
5 CY .l /wk
.'iCY.5 iw k
4 CY.:;fwk
5 C Y.:;/w k
5 CY ,2 /wk
.\C Y. 1 /wk
..\CY.2 /wk
'\4 CY. 6 /wk
''%,..\C Y...\I\\ k
It;!
;:'\CY..'i /wk
6 CY.I /wk 0 .95 1.00 18 11 2.64 s s 48.01 S 27.05 S 187.70 $·10.544
() CY.2 /wk 12 0 .93 1.02 28 s 224 .95 s s 9(;'()3 $54 .01 S 3 75.00 s 125.999
6 CY,3 /wk
6 CY...\/wk
I S
24
0 .')3
O.l)O
1.04
1.0(i
14
2 $
344 .05 s
·152.47 $
s 144.04 :5
5 192.06 s
82 .61 s 570 .70 s
753.17 s
95,877
18,076
30 O.l)O I.OS 5 576.26 s s 240.fl7 $13l),36 s 954 .69 57,282
(,CY. (,/vvk O.lJO 1.10 3 s 704.32 s s 28l1.0l)s 160.11 $1.161.5 1 41 ,814
()CY .i t-:·12 0 .90 1.12 s 836.6..\s $33 6 .10 S 200 .S8 $1.373.63 S 16.484
Note: Compactor Rates sha ll be two times the Bin Rate
Total Annual Rate Revenue -Solid Wasle S ervice 8,073,489 1
Form IB -C ommercial &Multi-Family Rec ycling Bin Service
Initial Monthly Rates
e rvice Leve l
Ass umed II
L B 'j 'Y L2LJ
(A)Operating Cost Component
(B)Processing Component
(C)Disposal omponcru
(0)FeeComponent
(E)Total
Per
C ubic-Yard
Rate
59.88
SO .OU
SI.69
511.57
(F)(G)(II)(I)(J (K)(Ll (0
e rvlce L evel Ye ar I
ize
Wkly.
Freq.Volume
Volume
Factor
Frcq .
Factor
Estm.
umber o f
Ac counts
Operating
Component
Procc ing
Component
Disposal
Component
Fee
Component Total
Total Annual
Revenue
IA'f 'G •HI te -F'G • II)IC'fl 10 'F'G •III I J 'K +L +M I [I'•12 J
7.6 1
2.44 s
4.88
9.95 $
4.9 7 $
10 ,34 S
13.16 $
12.10 s
14.37
~.92
\.5 1
1-77 s
1.45
0 .73 s
1.11 s
0.7 1
o 6 s
s
s
s
s
s
s5
$
s
s
s
8.113 5
4.25
6.50 s
8.49 $
2.08 s
·U6 s
11 ,24 .$
10.33 S
$
$
s
s
s
o
o
o
o
o
o
o
98
\.04
\.08
\.00
1.00
1.10
1.02
1.02
1.06
1.33
1.33
1.00
1.33
1.33
1.33
1.33
1.33
0 .3
0 .6
0 .2
0 .5
0.6
0 .3
1.0
l /w \.;
64 G al 2 /wk
32 .ul 3 /w k
32 .al 2 /wk
32 .G:lI$/wk
64 Gal I /wk
32 lal
32 Gal ·l /wk
32 .Gal ,6 /wk
64 Ga l 3 /wk 1.0 \.0 0 o s 9.77 s s 1.67 11.44 $
64 Gal 4 /wk
64 Ga l 5 /wk
64 Gal 6 fwk
1,3
1.6
1 .9
1.00
1.00
1.00
1.06
1.(1 8
1.10
o
o
o
s
s
$
13.27
16.<)1 S
20 .66
5
s
s
$
s
s
2 .27 5
2 .89 s
3.53 s
15.54 $
19.79 S
24.19 $
C)6 Gal I /wk 0 .5 1.33 1.00 622 s s 1.07 s 7.31 s 5-1.584
1.0 1 00 1.02 o $s s 1.64
96 Gal 3 /wk 1.4 1.00 1.04 o '5 14 6 5 $s 2.50 17.16 $
l)6 Gal 4 /wk
96 G,d 5 /wk
1.9
2.4
1 00
1.00
1.06
1.08
o
o
$
s
19 ()I $
2 5.36 $
s
s
s
s
3.40
4.33 s
23.31 s
29 .69 $
96 (j a l 6 /wk 2 .9 1.00 1.10 o s 3 0 .99 $s s
-.30 s 36 .29 S
-20_.CJ-,~~_21:~.~~~Qc~L !~L~__..9 ~?-§.2_~~~~£:.!.L 1~25 _
Form IB -Commercial &Multi-Family Recycling Bin Service
Initial M onthlv Rates
Service Level Rates
Ass umed rI
LB S./CY ~
(A) Ope rating Cost Component
(B)Processing Component
(C)Disposal Component
(0)Fee Component
(E)Total
Per
C ubic-Yard
Rate
$9 .88
$0 .00
$1.69
$11.57 I
(F )
Service Level
(G)(H (I)J)
Year )
(0)
'ize
Wk ly,Vo lume
~Volume Factor
Frcq.
Factor
Estrn.
Number of
Acco unts
Operating
Component
Processing
Component
Fee
Com ponent Total
Total Annual
Revenue
1,\t F'C'HI • FI I D 'F 'C'HI IJ "'K tL ...~t l I I 'N '12 I
1 CY.I /wk r.oo 1.00 266 'l .88 '5 1.69 s I 1.57 $36.930
ICY.2 1\\k 2 I.on 1.02 150 20 .16 S s 3.44 $23 .60 $42.484
I CY.3 /wk 3 0.98 1.04 3 3 $.1 0.2 ]$5.16 s 35 .38 $14.009
I CY .4 /wk
ICY.5 /wl-.
I CY .(i /vvk
4
6
0 .98
IJ .98
n.95
1.06
1.08
1.10
15
o
7 s
4/.(J6 S
5 2.2'):;;
(i 1.95 '5
'5
'~s
7.02 :5
10 .59 s
4 8 .07 $
61.23 S
72.54 S
8.653
6 .094
_____!__~~yc Z_!~:.~7 _~L __I_.12 ..9..-"'Ii..735 <.).J ~~~!2:.·?_~~~~~X~~_
2 CY ,l /wk
2 CY .3 /wk
2 CY .4 /wl-.
2
8
1.00
IJ .98
0.95
0.95
1.00
1.02
1.04
1.06
28 1
172
19
5
'5
'5
19 .76 $
39 .5 1 s
5S.57 s
79 .60 '5
s
s
$
$
3.38 $
6.75 s
10.0 1 S
13 .60 s
23]4 $
46 .26 S
68.58 s
93 .21 s
78.026
5.592
2 CY .5 /w k
2 CY.6 /wl-.
10
12
0.95
0.93
].0 8
1.10 3
s
'5
101.38 s
121.30 '5
$
s
17 .33 S
20.73 $
II ~U O s
]42 .0 3 $
1.424
5.\13
_2 r;"Yc_L!w k..1_4 _O.')3 !,JL __9 ?1.:!.~"Q2 __J ~. .~?i·_~?~L~§.:.?.~_._~_
3 CY .I /w k
3 CY .2 /\\k
.,
6
0.98 r.oo
!Jl2
158
186
s
s
29 .05 s
5 7.45 s
'5 s
s
4 .96 s
9 .82 s
i.."
34 .0 1 $.&"(492
67.27 s 150,]38
3 CY .3 /w\.:0.95 In·1 69 $15.02 '5 102.88 s 115 .183
12 0.'13 1.06 12 '5 11 6.89 s s 19.98 $136.86 S 19.708
3 CY .5 /wk 15 0.93 \.08 9 '5 141u n $s 25.4 -1 174 .31 s 18.825
18 0.9]1.1 0 4 1l)1.95 s $s 3 1.10 $2 13.04 $10.226
244 .91 s1.]2 9-__J l..~J!i__$~$~l:.~~~$__=:.~..:.__=___'l),C)O213CY.7 !wk
Form IB -Commercial &Multi-Family Recycling Bin Service
Initial Monthlv Rates
Service Level P ro
Assumed
LBS.lCY
(A) Operating Cost Component
(B)Processing Component
(C)Disposal Component
(0)Fee Component
(E)Tot al
Per
Cubic-Yard
Rale
$9.88
$0 .00
$1.69
$J 1.57
(F)(G)(II (I)J (K)L (M)
Service Level Year I
Size
Wkly.
~Volume
Volume
Factor
Freq .
Factor
Estrn,
Number o f
Accounts
perming
Componenl
Process ing
Co mponent
Di posal
o mponent
Fee
Component TOlal
Total Annual
Reve nue
[A 'F "G " HI
Ill"r-G"II]Ie "f I ID 'F 'G •HI I J .K +L .;.MI I t ·N '12 1
7 Iwk 2 8__~~_)O__l£
4 C Y.I /wk
-.
62.676
76,644
67,47 4
240.096
349 ,183
178.5104-.J5
182.49 s
89 .69 $
134.28 s
224 .91 s
274 .90 $
326 .5 _J _
.:0 -s,,-;~,
,56 69 $8.27 s.
6.62 S
13.09 $
19 .60
26.6::$
40 .12
41 .66 s
3283
$
$
s
$
$
$
s
$
$
$
s
-1 8.42 s
76.60 s
38 .73
192.09 $
114.68 s
155.85 s
234 .77 $
so
19
35
25
149
3 28
325
r.oo
1.10
1.08
1.00
1.06
1.04
1.02n.95
0.98
0.93
0 .93
0.9 0
0.90
O.9R
12
16
24
20
]/wk5CY,
4 CY,5 /wk
4 CY ,4 /wk
4 CY.3 /wk
4 CY,6 /wk
4 CY .2 /wk
5 C Y,2 /wk 10 0.95 1.02 o s 95 .75 5>$16.36 $'j 12.11 s
5 C Y,3 /IVk 15 1.0-1 o 143 35 s 24.50 $167.85 s
20 0.90 1.06 o 32.22 s 220 .75 $
5 CY,5 I IVk 25 0.'10 LOS o 240,11 :5 41.03 s 28L14 $
5 C Y,6 /wk 30 0.'10 1.1 0 o :5 2'1.1,47 s s 50 .15 s 343 .62 $
__:._J ~_..19.5L~$--::,:......:.40:::::8::..:.1~8..J _
6 CY.2 /w k 12
0.95
0.93
1.00
l ,n2
22
13
s
s
56 .32 s
112.41;s s
9.63 s
19.22 s
65 .95 $
13 1.70 $
17.410
20.545
6 CY.3 /wk 18 l .n4 17 172.02 $2'1AO s 201.4 2 $4 1.090
6 C '.-I /wk 24 0 .90 I .nei 7 $22 6.2·1 s s 3 8.66 $264 .90 $22.252
6 ('Y,5 /wk.
6 C Y,6 /\I'k
30
3 6
0.90
0.'10
I.OS
1.10
4
6
s
s
288 13 s
352 .16 $
s
s
49 .24 S
60.J s s
337 .37 s
412.34 $
16,194
29.689
6 CY,7 Iwk 42 0.90 1.12 0
Note : Compactor Rates shall be two limes the Din Rates
Tolal Annual Rate Revenue -Recycling Service
s 418 .32 $7 1.49 s 489 .81 s
1,8-l0.69 7I
Form IC -Commercial &Multi-Family Organics Bin Service
Initial M onthly R ates
S ervice L evel
Ass umed
LB S.lCY
(A)Ope rating Cos t Component
(H)Processing Component
(C)Disposal Component
(D)Fee Component
(E)Total
P er
C ub ic-Ya rd
Rate
$15 .81
$1.&9
$3 .03
$2 0 73
(F
Service Lev el
(G)(H I )(.I)(K
Y ear I
(i\l)(N )0 )
TOlal A nnual
Reven ueTotal
Fee
Co m ponent
Disposal
Co m po nent
Pro cc ssin uOperating
C om pone n t
Freq.
Factor
Volume
Factor
Es un ,
Wkly.l umber or
~Volume Accoun rs------- -1----Size
fA 0 F'G 0 H]II!'F oG'"I tc 0 F I I D 'FO G 'H I IJ +t-.::+L '~1J {I +N +12 1
32 Gul I /wk 0.2 1.33 1.00 o s ].33 s 0,.10 S $0.64 $4.37 s
32 Gnl 2 /wk
3 2 Gnl 3 /wk
0 .3
0 .5
1.33 \.0 2
~1.33 ':1.04
o
o
$
s
6 .80 $
10.39 s
O.1 $
1.25
s
$
1.3D s
1.99 s
8.91 S
13 63 $
32 GnI 4 /wk 0 .6 1.33 1.06 o s 14 .12 $1.69 s 2.70 $18.52 S
32Gnl
64 Ga l I /wk
19,497
8.74 s
17.82 S
13.10
21.67 s
27.8 ' S
43.-$
35.47 s
23 .58 $
20 .49 s
1.91 s
1.27 s
2.99
-.18
260 s
6.33 $
3.44 $
3 .16 $
01 .06 $
$
$
$
$
$
s
s
1.87 S
1.63 $
1.20
1.98 s
0.80 $
2.54 s
2.16 S
3 .96 S
3 .2 4 $
9.99 S
6.66 $
17.99 $'
27.05 $
13.59 S
16.53 $
15.63 s
21.24
33.06 $
__ _39.7:,I._J ~J ~!~~~_$~~~_
o
o
o
o
o
o
o
o
124\.OD
I.OS
\.00
I .OS
1.\)6
1.l)2
1.10
I 10
1.\)4
I 00
1.33
1.00
1.33
1.00
1.011
1.33
1.33
1.(1()1.0
0 .5
1.0
0 .6
1.9
0 .8
1.3
0 .3
1.6
I /wk
5 /w k
6 11\k64Gal
96 Cial
64 G,11 4 /wk
64 Gal 2 /wk
32 iul
96 Cia l 2 /wk 1.0 1.00 1.02 o $15.33 s 1.84 s 2.93 s 20 .10 $
96 Cial 3 /1\k 1 .4 1.00 1.04 o 23.44 S 2.8 1 s 4.49 $30.74 S
96 Cial 4 /\\'k 1 .9 1.00 1.06 ()$3 1.&6 $3.82 s s 6.10 s 1.77 $
96 Gal
96 Gal
5 /1\k
6 /vvk
2.4
2.9
1.00
1.00
LOS
1.10
o
o
s
$
40.57 S
49.59 $
4.86 s
5.94 s s
7.76 $
Q.49
53.20 s
65.02 '5
Form IC -Commercial &Multi-Family Organics Bin Service
Initial Monthly Rates
Se rvice L evel Rates
Ass umed r-J
L BS.lCY l...2.LJ
(A) Operating Cost Component
(8)Processing Component
(C)Disposal Component
(D)Fee Component
(E)Total
P er
C ubic-Yard
Rate
$15.81
$1.89
$3.03
$20.73
F)
S ervice Level
(G )(If )
Year ]
Total Annual
Revenu eTotal
Fee
Component
Disposal
Co mponent
Processing
Component
Operating
Component
Estm.
Number o f
Accounts
Freq.
Factor
Volume
Factor
Wk ly .
~Volume __-'---_--'---:.c.::..c-l....:...::..:...:...::..::::::..::=-.__~'----'---"-~-"2....:...::..:__'__---=-'-=----'--=-":"::':"::":"'--1Size
[A'F'G •HI lB'F'G • HI Ie'F J [D 'F 'G •HI I )+K +L +M]I I +N +12 J
82.89 $
42.29 $
63 .38 '5
41.46 '5
86 .14 S
20 .73 s
109 70 s
167.00 S
122.88 S
129.97 s
15-1 .39 '5
6.0 5 s
3.03 '5
9.25 '5
6.17 $
12.57 '5
18,97 s
12.10 s
17,94 $
16 0 I $
24 .37 s
$
'5
'5
'5
$
$
$
s
s
s
1.89
7.87
5 .79 $
3.86 s
7.57 s
3 .79 S
10 .03 '5
11.88 s
15.26 S
1·1.11
11.2:1 S
15.8 1
31.62 'I)
-1 8.34 S
93 .72 S
63 .2 1 s
83.66 s
99.13 $
32.25 $
65.69 s
127 .36 'I)
____II_7.7..;;.....-:::.S_~..:.,;
$
s
'5
s
s
S
s
s
o
o
o
o
o
o
o
o
o
o
l.JO
1.06
1.04
1.02
1.00
1.06
1.08
1.00
1.02
1.04
1.00
1.00
0.95
0.98
0.98
0.98
0.95
0.98
1.00
0.95
6
4
2
3
6
51CY,5/wk
1 CY,6 Iwk
1 CY,4 /wk
2 C.......2 /wk
2 (,Y.J i wk
2 CY,I Iw k
1 CY, I Iwk
.1 CY,2/wk
lC'r',3/wk
2 C Y,5 /wk 10 0.<)5 I .O ~o s 162.21 'I)19.44 $s 3104 $2 12.69 s
12 0.93 1.10 o 194 .08 'I)23 .26 S $37 .14 $254.48 '5
~__1~.;:..:1 2'1 0 +~S__23 0.54 '50.93142(,Y 7 /wk
3 CY.1 /wk 3 0.98 1.00 o s 4(,.48 $5 .57 '5 s 8.90 $60 .94 $
3 ('Y.2 /wk 6 0.95 1.02 o s 9 1.92 '5 11.01 '5 s 17,59 $120S!s
3 ('Y, 3 i wk 0 .95 1 04 o s 140.58 s 16 84 s 26.90 $184.33 S
3 (,Y.4 /wk 12 0.93 1.06 o 111 7 02 s 22.4 1 '5 357'1 S 24 5 .22 $
3 C Y, 5 ;\vk 15 0.<)3 I 08 o s 238.19 '5 28 .54 $45.58 $3 12.3 1 S
18 0.93 1.10 o '5 291.1 2 '5 34 .88 '5 s 55 .7 1 s 3XI.7 1 s
OW)1.12 o 40 .10 '5 64 05 s 43X .80 S
Form IC -Commercial &Multi-Family Organics Bin Service
Initial Monthly Rates
'e n 'ire Level P ro use d O raanics I{lltcs
Ass umed II
L B ''/v L2LJ
(A )Operating ost Component
(B)Processing omponent
( )Dispo al Component
(D)Fee Component
(E)Total
Per
u hic-Ya rd
Rate
$15.81
$1.8 9
$3.03
$20.73
(F)(G)(II)(I)(.I)(1')(L)
ervice Level Year 1
Size
Wkly.Volume
~Vo lume Factor
Frcq .
Fac tor
Estill.
um ber of
Accounts
Operating
Component
Proce ing
Component
Disposal
Component
Fee
Component Tota)
To tal Annual
Revenue
IA 'F ' G • III 16 'F 'G • H)tc -F I [0'F 'G • II)1J +K •L .;.M)II .;.N .;.12 I
4 C .I /wk
4 CY.2\'k 8
0.98
0.95
1.00
1.02
o
o
$
S
61.97
122.56 $
7.43 $
14,69 $
s
$
11.86 $
23.45 S
8126 $
160.70 S
.:\CY,3 /wl:
4CY.4 /wl:
.:\'Y.
.:\·Y.6 /wk
12
16
20
24
0.93
0 .93
0.90
0.90
1.04
1.06
1.08
1.10
o
o
o
o
$
s
s
$
183.·19
249 .36 s
307 .34 $
375 .64
29 .88 s
36.83 s
45.01 S
s
s
$
35.12 $
47 .72
58.82 $
71.89 s
240.60 $
326.96
402 .98 s
492:53 s
585.07 s85.39.....::$:,..·_~~:.......;.=-"-__4 CY .7 I\\'k.;..,·__=-"2~__0 .90 .!.:J?0 __$__-±!~~:...I -=.__.::;=.:.:..-:.....:::-_
.5 CY,I !\\'k 5 0.98 1.00 o s 77,47 $9 .28 •s 14.83 s 101.57
.5 CY ,2 II\'I:
.5 CY.3 /wk
5 CY,4 /wk
10
15
20
0.95.;,
0.93
0.90
1.02
1.04
1.06
o
o
o
153,20
229.37 s
301.65 $
18.36
27.48 •
36 14 s
s
$
29.32 s
43.90 S
57.73 $
2QO .87 $
300.74 S
395.52 $
5 'Y .5 1\\'1:
5 Y ,6/\\'1:
25
30
0 .90
0.90
1.08
1.10
o
o
s
s
'3 84.17
469.5 5 $
46 .03
-6 .26 S
s
s
73.52 S
89.86
03.73 s
6 15.67 S
731.3466.83S5'7.76 __---::.;~_;;!Q_6.7_4_J...____"~_."____o---_...--
6 CY .7 /\Vk 42 0 .90 1.12 0
6 CY,2 /\\'1:
6 CY . ' /wk
6 C Y.4 /wl:
6 ·'Y.5 /wl:
6 CY.6 /\\'1-:
6
12
18
24
30
36
0.95
0 .9,)
0 .93
0.90
0.90
0.90
1.00
1.02
1.04
1.06
1.08
1.1 0
o
o
o
o
o
o
$
$
s
s
90.11
179.96 s
27 .24
361.98 s
461.01 s
563.45 s
669.32 $
10,80 s
21.56
32.98 0;;
43:'37 $
55 .24 s
67.52
80.20 s
$
s
s
$
$
$
17.25
34.44 $
52.67
69.27 s
88 .23 $
1078 3 s
128.09 $
118.16 S
235 .97 S
360 .89
474 .62
604.47 $
738.80
877.61
No te: Co m pacto r Rates sh all be tw o tim es the Bin Rates
T otal A nnual Rate Re venu e -O rganics Service 19•.m l
Form ID -Commercial &Multi-Family Special Charges
Initial Monthly Rates
Proposer Name: Allied Waste of Fresno
Special Charges
$7.90 $7 .00 $6.25
$7 .90 $7 .00 $6.25
$7.90 $7 .00 s 6 .25
/cart/pick-up
Icart/pick-up
Icart/pick-up
32 GAL
65 GAL
Icubic yard/pick-up
Icubic yard/pick-up
Icubic yard/pick-up
95 GAL
$-?-:>.-:>
$- ?-:>._:>
$-?-:>.-:>
Extra Pick-Ups (Carts)
Solid Waste
Recyclable Materials
Green Waste
Extra Pick-Ups (Bins/Roll-Off Boxes/Compactors)
Solid Waste
Recyclable Materials
Green Waste
60.00 '/replacement
$10.00
$12.00
$10.00
$50 .00
$28 .82
Lock Service
Enclosure Access Charge
Push or Pull Charge
Container Cleaning
Weight Surcharge (solid waste containers
exceeding 300lbs per cubic yard)
Container Replacement (in addition to one per I$
year at no additional cost)
Ilock/month
l enclo sur e/month
/25 feet/month
Icleaning
I ton
Form 8 - Cost Basis for Initial Monthly Rates
Year ]
Labor-Related Costs (include re gular &p ool personnel)
Regular Wages
Ov ertime Wages
Holiday Wages
Vacation Wages
Sick Leave Wages
Workers Compensation Insurance Premiums
Workers Compensation Claims
H ealth &Welfare
Pension!Retirement Benefits
Payroll Taxes
Other (Please List)
Total Labor Related-Costs
Vehicle-Related Costs (do not include depreciation)
Tir es &Tubes
Parts &Supplies (fluid, oil, etc .)
Taxes &Licenses
Other (Please List)
Total Vehicle-Related Costs
Fuel Costs
Other Costs
Liability &Property Damage Insurance
Equipment Insurance
Training &Safety Programs
Uniforms
Other (Please List)
Total Other Costs
Direct Depreciation
Container Depreciation
Route Vehicle Depreciation
Other Depreciation
Total Direct Depreciation
Allocated Costs - Labor,Vehicle,Fuel &Other Costs
From General and Administrative (60)
From Vehicle Maintenance (60)
From Container Maintenance (60)
Total Allocated Costs - Labor,Vehicle,Fuel &Other Costs
$776,032
$180,490
$27 ,240
5]7,040
$20,424
$50 ,12]
$30 ,225
$325,728
$]42,560
$78,810
$28,800
$1,677,471
$]65,093
$238,468
$113,643
$55,03]
$572,235
$724,286
$]66,088
$0
$20 ,040
$8,640
$528,]28
$722,8%
$]03,611
$577,852
$0
$681,463
$665,262
$321,496
$183 ,927
$1,170,685
City of Fresno ,Page 1 of 2
Form 8 - Cost Basis for Initial Monthly Rates
Allocated Costs -Depreciation and Start-Up Costs
From General and Administrative (6D)
From Vehicle Maintenance (6D)
From Container Maintenance (6D)
Total Allocated Costs -Depreciation and Start-Up Costs
$18,304
$0
$20,750
$39,054
Total Annual Cost of Operations
Profit (%Operating Ratio; i.e.95%):
Disposal Cost
Net Processing Costs
Recyclables Processing Costs
Organics Processing Costs
Total Net Processing Costs
Interest Expense
Direct Lease Costs
Route Vehicles
Other (Please List)
Total Direct Lease Costs
Allocated Lease Costs
From General and Administrative (6D)
From Vehicle Maintenance (6D)
From Container Maintenance (6D)
Total Allocated Lease Costs
Total Pass-Through Costs
Total Cost Before City Fees
City Fees
City fees 14.6%(Franchise @ 14.1%,Contract Mgt @ 0.5%)
Total City Fees
Total Proposed Annual Cost
92.7%1
I S 29.57 1/ton
[C::=J/ to n
~/t o n
0.1709
$5,588,089
$440,054
$1,955,653
$0
$1,341
$1,341
$282,690
$0
so
$0
so
so
so
so
$2,239,684
$8,267,827
$1,412,972
$1,412,972
$9,680,799
City of Fresno, Page 2 of 2
EXHIBITK
SAMPLE REPORTING FORMS
This page inienitonally left blank
CITY OF FRESNOQUARTERLY REPORT
201 1Yearl ...I A lli ed Wast eCONTRACTORNAME
1.Amount in tons and type of materials collected:
ANNUAL
TONSMATERIAL
Commercia l MSW
Multi-Family MSW
Rol/offMSW
Commercial Mixed Recycle'
Multi-Family Mixed Recycle '
Rol/off Mixed Recycle'
Commercial GW/Organic
Multi-Family GW/Organic
Rol/off GW/Organic
6,226 .00
6 ,066.00
1.785 .00
3,666.00
2 ,466 .00
437 .00
666 .00
1,864.00
489 .00
Tons
Tons
Tons
Tons
Tons
Tons
Tons
Tons
Tons
Total MSW
Total Mixed Recycle'
Total GW/Organic
14,077 Tons
6 ,569 Tons
3,019 Tons
'Residual %
'Recyclable Residual
28 .41%
1,866.00 Tons
2.Amount and type of materials deposited in a permitted facility and identification of
permitted facility :
MATERIAL
'Recyclable Residua l
TONS FACILITY
1,866 .00 I Cedar Avenue Recycling &Transfer Station
Tons Disposed
Tons Recycle
Tons Recycle
Tons GW/Organic
Tons GW/Organic
Total Tons
15,943 .00 Cedar Avenue Recycling &Transfer
4,703 .00 Sunset Recvcleryl
-Cedar A venue Recyc ling &Transfer
3,019 .00 Kochergen Farms
-Cedar Avenue Recycling &Transfe r
23 ,665.00
Stat ion
Stat ion
Stal ion
Tons Diverted
Diversion Rate
7,722.00
32 .63%
3. Number of Solid Waste, Recyclable Materials, and Green Waste accounts by
SERVICE TYPE
Commercial MSW
Multi-Family MSW
Rol/offMSW
Commercial Mixed Recycle'
Mult i-Family Mixed Recycle'
Rolloff Mixed Recycle '
Commercial GW/Organic
Mu lti-Family GW/Organic
Rol/off GW/Organic
ANNUAL
#ACCT
520
50
20
500
45
5
10
40
2
4.Number of total Com Yards, Drive-By and RO Hauls
SERVICE TYPE
Commercial MSW
Multi-Family MSW
RolioffMSW
Commercial Mixed Recycle'
Multi-Family Mixed Recycle'
Rol/off Mixed Recycle'
Commercial GW/Organic
Multi-Family GW/Organic
Rolloff GW/Organic
ANNUAL
154,045
1,266
306
131.545
1,266
246
61 ,545
1,266
186
Yards
Drive-By
Hauls
Yards
Drive-By
Hauls
Yards
Drive-By
Hauls
CITY OF FRESNO QUARTERLV REPORT
2011vearl -'I A lli ed Waste
CONTRACTOR NAME
5.Number of New Customers
SERVICE TYPE
Commercial MSW
Multi-Family MSW
RolioffMSW
Commerc ial Mixed Recycle '
Multi-Family Mixed Recycle'
Rolloff Mixed Recycle'
Commercial GWIOrgan ic
Multi-Family GWIOrgani c
Rolloff GWIOrganic
ANN UAL
#A CCT
555
61
31
494
51
16
43
56
13
6.Routes by Serive Type
Number of route sper each day of the week
Commercial MSW
Multi-Family MSW
Rolloff MSW
Commercial Mixed Recycle'
Multi-Family Mixed Recycle'
Rolloff Mixed Recycle'
Commercial GWIOrgan ic
MUlti-Family GWIOrganic
Rolloff GWIOrganic
Mon Tue Wed Thur Fri Sat Sun
Crew Size per Route
Commercial MSW
Multi-Family MSW
RolioffMSW
Commercial Mixed Recycle'
Multi-Family Mixed Recycle'
Rolloff Mixed Recycle'
Commercial GWIOrgan ic
Multi-Family GWIOrgan ic
Rolloff GWIOrganic
Number of full-time equivalent (FTE)routes
Number of accounts per route
Commercial MSW
Multi-Family MSW
RolioffMSW
Commercial Mixed Recycle'
Multi-Family Mixed Recycle'
Rolloff Mixed Recycle'
Commercial GWIOrganic
Multi-Family GWIOrgan ic
Rolloff GWIOrgan ic
20
170
5
16
61
3.33
115
29
-274 ,00.274 .00
-274 .00
-274 .00
-274 .00
-274 .00
-274 .00.274 .00
-274 .00
Total hours per Service Type
Commercial MSW
Multi-Family MSW
RolioffMSW
Commercial Mixed Recycle'
Multi-Family Mixed Recycle'
Rolloff Mixed Recycle'
Commercial GWIOrganic
MUlti-Family GWIOrganic
Rolloff GWIOrganic
per day #W orkdays per yea r.
-
-
-
-
-
-
-
.
2011Year
CITY OF FRESNO QUARTERLY REPORT
[Alli ed Wasle ICONTRACTORNAME
1.Amount i n tons and type of materials collected:
Tons1-----+-----+-------iTons
Tons
1-----t-----t------jTons
Tons1-----t-----t-----tTons
~---_I----_+----;TonsTons~----t-----t-----tTons
MATERIAL
Commercial MSW
Mutti-Family MSW
RolioffMSW
Commercial Mixed Recycle'
Multi-Family Mixed Recycle'
Rolioff Mixed Recycle'
Commercial GW/Organ ic
Multi-Family GW/Organic
Rolioff GWIOrgan ic
01 .2011
TONS
1,529.00
1,503.00
355.00
903 .00
60300
93.00
15300
45300
108 00
02·2011
TONS
1,538 00
1.5 12 .00
462.00
9 12 00
81200
102.00
182 .00
482.00
117.00
03-2011
TONS
1,566 00
1,52100
407 00
92100
82 1.00
11100
17100
469.00
126.00
04-2011
TONS
159300
'530 00
53 100
93000
63000
131 00
180 00
480 00
136.00
a
TONS
o
TONS
o
TONS
I
Tons
Tons--- ---1- - - - -Tons-----''-----§i 3 .654
1.553 1691
766 796
28.33%1 28~12841%1 28 49%1 I #DIVIOI #DIVIOI
4 53 00 462.00 47 1.00 480 .00
TotalMSW
Total Mixed Recycle'
Talai GW/Organic
·Residual %
'Recyclable Residual
2.Amount and type of materials deposited in a penmitted facility and identification of
penmitted facility:
MATERIAL
'Recyclable Residual
TONS
45300 I TONS
.18200 I TONS
-171 00 I
TONS
480 00 I TONS TONS TONS FACIUTY
!Cedar Avenue Recycling &Transfer Slation
Tons Olsposed
Tons Recycle
Tons Recycle
Tons GW/O rgan ic
Tons GWtOrganic
Tolal Tons
3,850 00
1,14600
7 14 .00.
5,710.00
3 994 .00
1.164.00
74 1.00.
5,899.00
3,96500
1.182.00.
766 .00
5,9 13.00
41 34 00
1.211 00
798 00
6,143.00
.-Ct-dar Avenue RecvcllllQ &Transfur Station
-.Sunset Recvdeiv.Cedar Avenue RecvclU1Q &Trensfer Stanon
-Kocheroen Fanms. .Cedar Avenue RecvcilOQ &Transfer Station
#OlVIO I#DIV/o!1.905 .00 II 1.948 00 II 2.009 00 I I~~r----;;;=n;---t--_:;;:;=;__
32.29%,32.94 %"32.70% ,#OlV/o1
Tons Diverted
Divers ion Rate
3.Number of Solid Waste,Recyclable Materials,and Green Waste accounts by
SERVICE TYPE
Commercial MSW
Multi-Family MSW
RoiloffMSW
Commercial Mixed Recycle'
Mutt~Fam ily Mixed Recycle'
Rolioff Mixed Recycle'
Commercial GW/Organic
Multi-Family GW/Organic
Rolloff GW /Organic
01·2011
#ACCT
520
50
20
500
45
5
10
40
2
02·2011
#ACCT
520
50
20
500
45
5
10
40
2
03-2011
#ACCT
520
50
20
500
4 5
5
10
40
2
04·2011
#ACCT
520
50
20
500
45
5
10
40
2
a
#ACCT
o
#ACCT
a
#ACCT
4 .Number of total Com Yards,Drive-By and RO Hauls
Yards1----+----I-----iOnve_8y
Hauls
1-----I-----t------;YardS
I-t-t---;Ofive-By
I-t-t---;Hauls
Yards1-----+----+-----1Drlve.By
'--..L...........--'Hauis
SERVICE TYPE
Commercial MSW
Multi-Family MSW
RolioffMSW
Commercial Mixed Recycle'
MUlti-Family Mixed Recycle'
Rolioff Mixed Recycle'
Commercial GW/O rganic
Mutti-Family GWtOrganic
Rolloff GW/Organic
01 -2011
37,000
303
63
32,500
303
48
14.700
303
33
02·2011
39.006
3 12
72
33.006
3 12
57
15.806
3 12
42
03-2011
39,015
32 1
8 1
33.01 5
32 1
66
15.6 15
321
5 1
Q4·2011
39 ,024
330
90
33 .024
330
75
15.624
330
60
a a a
5.N umber of New Cu s tomers
SERVICE TYPE
Commercial MSW
Multi-Family MSW
RolioffMSW
Commercial Mixed Recycle'
MUlti-Family Mixed Recycle'
Rolioff Mixed Recycle'
Commercial GWIOrganic
Multi-Family GW/Organic
Rolloff GW /Organic
01 ·2011
#A CCT
510
52
22
458
42
7
16
47
4
02·2011
#ACCT
15
3
3
12
3
3
9
3
3
0 3-2011
#ACCT
15
3
3
12
3
3
9
3
3
0 4·2011
#ACCT
15
3
3
12
3
3
9
3
3
a o a
CITY OF FRESNOQUARTERLY REPORT
4QTRI__----"2011YearIAllied Waste ICONTRACTOR NAME
1.Amount in tons and type of materials collected :
TONSMATERIAL
Commercial MSW
Multi-Family MSW
Rolloff MSW
Commercial Mixed Recycle '
Multi-Family Mixed Recycle'
Rolloff Mixed Recycle'
Commercial GW/Organic
Multi -Family GW/Organic
Rolloff GW/Organic
Oct-11
TONS
53000
50900
175.00
30900
20900
40 .00
59 .00
159.00
4500
Nov-11
TONS
53100
510 .00
176.00
310 .00
210 .00
4500
60 .00
160.00
4600
Dec·11
TONS
53200
511 .00
180.00
311 .00
21 100
46 .00
6 1.0 0
161.00
47 .00
1,593 .00
1,530 .00
531 .00
930 .00
630 .00
131.00
180.00
480 .00
138.00
Tons
Tons
Tons
Tons
Tons
Tons
Tons
Tons
Tons
TotalMSW
Total Mixed Recycle'
Total GW/Organic
1,214
558
263
1,217
565
266
1,223
568
269
3,654.00 Tons
1.691.00 Tons
798 .00 Tons
'Residual %
'Recyclable Residual
2.Amount and type of materials deposited in a permitted facility and identification of
permitted facility:
MATERIAL
'Recyclable Residual
TONS
159.00 I
TONS
160.00 I
TONS
161.00 I
TONS FACILITY
480 .00 (Cedar A venue Recycling &Trans fer Station
Tons Disposed
Tons Recycle
Tons Recycle
Tons GW/Organic
Tons GW/Organic
Total Tons
1.373.00
399 .00
-
263 .00
-
2,035.00
1.377 .00
405 .00
266 .00.
2 ,048.00
1,384 .00
407 .00
-
269 .00
-
2,060 .00
4 .134 .00 Ced ar Avenue Recycling &Transfer Station
1,211 .00 Sunset Recyclery
-Ce dar A venue Recycling &Tran sfe r Station
798.00 Kochergen Farms.Cedar Avenue Recycling &Transfer Station
6,143 .00
Tons Diverted
Diversion Rate
3.Number of Solid Waste ,Recyclable Materials,and Green Waste accounts by
SERVICE TYPE
Commercial MSW
Mult i-Family MSW
Rolloff MSW
Commercial Mixed Recycle '
Multi -Family Mixed Recycle'
Rolloff Mixed Recycle'
Commercial GW/Organic
Multi-Family GW/Organic
Rolloff GW/Organic
Oct-11
#ACCT
520
50
20
500
45
5
10
40
2
Nov-11
#ACCT
520
50
20
500
45
5
10
40
2
Dec-11
#ACCT
520
50
20
500
45
5
10
40
2
QTRAVG
#ACCT
520
50
20
500
45
5
10
40
2
4.Number of total Com Yards,Drive-By and RO Hauls
Oct-11 Nov-11 Dec-11 QTRTOTAL
SERVICE TYPE
Commercial MSW
Multi-Family MSW
Rolloff MSW
Commercial Mixed Recycle'
Mu lti-Family Mixed Recycle '
Rolloff Mixed Recycle'
Commercial GW/Organic
Multi-Family GW/Organ ic
Rolloff GW/Organic
13 ,007
109
29
1 1,007
109
24
5,207
109
19
13,008
110
30
11,008
110
25
5,208
110
20
13,009
11 1
31
11,009
111
26
5,209
111
21
39,024
330
90
33.024
330
75
15,624
330
60
Yards
Drive-By
Hauls
Yards
Dnve-By
Hauls
Yards
D rive-By
Hauls
CITY OF FRESNO QUARTERLY REPORT
4QTR!....._2011YearIAlliedWasteCONTRACTORNAME
5.Number of New Customers
SERVICE TYPE
Commercial MSW
Multi-Family MSW
RolioffMSW
Commercial Mixed Recycle'
Multi-Family Mixed Recycle'
Rolloff Mixed Recycle'
Commercial GW/Organic
Multi-Family GW/Organic
Rolloff GW/Organic
Oct-11
#ACCT
5
1
1
4
1
1
3
1
1
Nov-11
#ACCT
5
1
1
4
1
1
3
1
1
Dec·11
#ACCT
5
1
1
4
1
1
3
1
1
QTRTOTAL
#ACCT
15
3
3
12
3
3
9
3
3
CITY OF FRESNO QUARTERLY REPORT
3QTRI .....2011YearIAllied Waste ICONTRACTOR NAME
1.Amount in tons and type of materials collected:
TONSMATERIAL
Commercial MSW
Multi-Family MSW
RolioffMSW
Commercial Mixed Recycle'
Multi-Family Mixed Recycle'
Rolloff Mixed Recycle'
Commercial GW/Organic
Multi-Family GW/Organic
Rolloff GW/Organic
Jul-11
TONS
497 .00
50600
128.00
306 .00
206 .00
36 .00
56.00
156.00
41 .00
Aug-11
TONS
53200
507 ,00
114.00
307,00
207 .00
37.00
57.00
157.00
42 .00
Sep-11
TONS
537 .00
508 .00
165.00
308 .00
208 .00
38 .00
58 .00
156.00
43 .00
1,566 .00
1,521.00
407 .00
921 .00
621 .00
1 11.00
171.00
469 ,00
126.00
Tons
Tons
Tons
Tons
Tons
Tons
To ns
Tons
Tons
Total MSW
Total Mixed Recycle'
Total GW/Organic
1,131
548
253
1,153
551
256
1.210
554
2 57
3 ,494 .00 Tons
1,653 .00 Tons
766 .00 Tons
'Residual %
'Recyclable Residual
2.Amount and type of materials deposited in a permitted facility and identification of
permitted facility:
MATERIAL
'Recyclable Residua l
TO NS
156.00 I
TON S
157.00 I
TO NS
158.00 I
TONS FACILITY
471 .00 I Cedar Avenue Recycl ing &Transfer Station
Tons Disposed
Tons Recycle
Tons Recycle
Tons GW/Organic
Tons GW/Organic
Total Tons
1.287 .00
392 .00
-
253.00
-
1,932.00
1.310 .00
394 .00
-
256 ,00
-
1,950 .00
1.368 .00
396 .00
-
257 .00.
2,021.00
3,965 .00 Cedar Avenue Recycling &Tran sfer Station
1,182 .00 Sunset Recyclery
-Cedar Avenue Recycl ing &Transfer Station
766 .00 Kochergen Farms
-Cedar Avenue Recycling &Trans fer Station
5,9 13.00
Tons Diverted
Diversion Rate
3.Number of Solid Waste,Recyclable Materials,and Green Waste accounts by
SERVICE TYPE
Commercial MSW
Multi-Family MSW
RolioffMSW
Commercial Mixed Recycle'
Multi-Family Mixed Recycle'
Rolloff M ixed Recycle'
Commercial GW/Organic
Multi-Family GW/Organic
Rolloff GW/O rgan ic
Jul-11
#ACCT
520
50
20
500
45
5
10
40
2
Aug-11
#ACCT
520
50
20
500
45
5
10
40
2
Sep-11
#ACCT
520
50
20
500
45
5
10
40
2
QTRAVG
#ACCT
520
50
20
500
45
5
10
40
2
4.Number of total Com Yards, Drive-By and RO Hauls
SERVICE TYPE
Commercial MSW
Multi-Family MSW
RolioffMSW
Commercial Mixed Recycle'
Multi-Family Mixed Recycle'
Rolloff Mixed Recycle'
Commercial GW/Organ ic
Multi-Family GW/Organic
Rolloff GW/Organic
Jul-11
13,004
106
26
11.004
106
21
5.204
106
16
Aug-11
13.005
107
27
11,005
107
22
5.205
107
17
Sep -11
13,006
108
28
1 1,006
10B
23
5,206
108
18
QTR TOTAL
39,0 15
32 1
8 1
33,0 15
32 1
66
15.615
32 1
51
Yards
Drive-By
Hauls
Yards
Drive-By
Hauls
Yards
Drive-By
Haul s
CITY OF FRESNO QUARTERLY REPORT
3QTRII-_2011YearIAllied Waste
5. Number of New Customers
CONTRACTOR NAME
SERVICE TYPE
Commercial MSW
Multi-Family MSW
RolJoffMSW
Commercial Mixed Recycle'
Multi-Family Mixed Recycle'
Rolloff Mixed Recycle'
Commercial GW/Organic
Multi-Family GW/Organic
RolJoff GW/Organic
Jul-11
#ACCT
5
1
1
4
1
1
3
1
1
Aug-11
#ACCT
5
1
1
4
1
1
3
1
1
Sep-11
#ACCT
5
1
1
4
1
1
3
1
1
aTR TOTAL
#ACCT
15
3
3
12
3
3
9
3
3
CITY OF FRESNOQUARTERLY REPORT
2QTRI .....2011YearIAllied Waste ICONTRACTOR NAME
1.Amount in tons and type of materials collected:
TONSMATERIAL
Commerc ial MSW
Multi-Family MSW
RollotlMSW
Commercial Mixed Recycle '
Multi-Family Mixed Recycle'
Rollotl Mixed Recycle'
Commercial GW/Organic
Multi-Family GW/Organ ic
Rollotl GW/Organic
Apr-11
TONS
53900
503.00
156 00
30300
20300
33.00
5300
153.00
3800
May-11
TONS
482 .00
50400
173.00
30400
204.00
34.00
54.00
154.00
39 .00
Jun·11
TONS
517.00
505.00
153 00
30500
205 .00
35 .00
5500
15500
40 .00
1,538.00
1,512.00
482.00
912 .00
612.00
102.00
162 .00
462 .00
117.00
Tons
Tons
Tons
Tons
Tons
Tons
Tons
Tons
Tons
Total MSW
Total Mixed Recycle'
Total GW/Organic
1,198
539
244
1,159
542
247
1,175
545
250
3,532.00 Tons
1,626.00 Tons
741.00 Tons
'Residual %
'Recyclable Residual
2.Amount and type of materials deposited in a permitted facility and identification of
permitted facility:
MATERIAL
'Recyclable Residual
TO NS
153.00 I
TONS
154.00 I
TO NS
155.00 I
TONS FACILITY
462.00 I Cedar A venue Recycling &Tran sfer Station
Tons Disposed
Tons Recycle
Tons Recycle
Tons GW/Organic
Tons GW/Organic
Total Tons
1,351 .00
386.00
-
244.00.
1,98 1.00
1,313.00
388.00
247 .00
-
1,948 .00
1,330 .00
390 .00.
250 .00
-
1,970.00
3 ,994.00 Ceda r Avenue Recycli ng &Transfer Station
1,164 .00 Sunset Recyclery
-Cedar Ave nue Recycling &Transfe r Slation
74 1,00 Kochergen Farms
-Cedar Avenue Recycling &Tra nsfer Station
5 ,899 .00
Tons Diverted
Diversion Rate
3.Number of Solid Waste,Recyclable Materials,and Green Waste accounts by
SERVICE TYPE
Commercial MSW
Multi-Family MSW
RollotlMSW
Commercial Mixed Recycle'
Multi-Family Mixed Recycle'
Rollotl Mixed Recycle'
Commercial GW/Organic
Multi-Family GW/Organic
Rollotl GW/Organic
Apr-11
#ACCT
520
50
20
500
45
5
10
40
2
May-11
#ACCT
520
50
20
500
45
5
10
40
2
Jun-11
#ACCT
520
50
20
500
45
5
10
40
2
aTR AVG
#ACCT
520
50
20
500
45
5
10
40
2
4.Number of total Com Yards,Drive-By and RO Hauls
SERVICE TYPE
Commercial MSW
Multi-Family MSW
RollotlMSW
Commercial Mixed Recycle'
Multi-Family Mixed Recycle'
Rollotl Mixed Recycle'
Commercial GW/Organic
Multi -Family GW/Organic
Rollotl GW/Organ ic
Apr-11
13,001
103
23
11,001
103
18
5,201
103
13
May.11
13,002
104
24
11,002
104
19
5.202
104
14
Jun-11
13.003
105
25
11,003
105
20
5,203
105
15
aTR TOTAL
39,006
3 12
72
33,006
312
57
15,606
312
42
Yards
Drive-By
Hauls
Yards
Drive-By
Hauls
Yards
Drive-By
Hauls
CITY OF FRESNO QUARTERLY REPORT
2QTRI'-_2011YearIAllied Waste
CONTRACTOR NAME
5.Number of New Customers
SERVICE TYPE
Commercial MSW
MUlti-Family MSW
RolioffMSW
Commercial Mixed Recycle'
Multi-Family Mixed Recycle'
Rolloff Mixed Recycle'
Commercial GW/Organic
MUlti-Family GW/Organic
Rolloff GW/Organic
Apr-11
# ACCT
5
1
1
4
1
1
3
1
1
May-11
#ACCT
5
1
1
4
1
1
3
1
1
Jun·11
#ACCT
5
1
1
4
1
1
3
1
1
QTRTOTAL
#ACCT
15
3
3
12
3
3
9
3
3
CITY OF FRESNO QUARTERLY REPORT
CONTRACTOR NAME I Allied Waste I Year 2011
QTR I~_
1.Amount in tons and type of materials collected:
TONSMATERIAL
Commercial MSW
Multi-Family MSW
RolioffMSW
Commercial Mixed Recycle'
Multi-Family Mixed Recycle'
Rolloff Mixed Recycle'
Commercial GW/Organic
MUlti-Family GW/Organic
Rolloff GW/Organic
Jan-11
TONS
493 .00
500 .00
100.00
300 .00
200 .00
30 .00
50 .00
150.00
35 .00
Feb-11
TONS
49600
50100
8400
301 .00
201.00
31 .00
51 .00
151 .00
36 .00
Mar-11
TONS
54000
502 .00
18100
302 00
20200
3200
52 .00
152 .00
37 .00
1.529 .00
1,503 .00
365 .00
903 .00
603 .00
9 3.00
153.00
4 53 .00
108 .00
Tons
Tons
Tons
Tons
Tons
Tons
Tons
Tons
Tons
Total MSW
Total Mixed Recycle'
Total GW/Organic
'Residual %
'Recyclable Residual
1,093
530
235
1.081
533
238
1,223
536
241
3,39 7.00 Tons
1.599 .00 Tons
7 14 .00 Tons
2.Amount and type of materials deposited in a permitted facility and identification of
permitted facility:
MATERIAL
'Recyclable Residual
Tons Disposed
Tons Recycle
Tons Recycle
Tons GW/Organic
Tons GW/Organic
Total Tons
Tons Diverted
Diversion Rate
TONS
150.00 I
1.243 .00
380 .00
-
235.00
-
1,858.00
TONS
15 1.00 I
1.232.00
382 .00
-
238 .00
-
1.852.00
TONS
152.00 I
1,375 .00
384 .00
-
241 .00
-
2,000 .00
T ONS FACI LITY
4 53.00 I Cedar Avenue Recycling &Transfer Stat ion
3 ,850.0 0 Cedar Avenue Recycl ing & Trans fer Station
1,146 .00 Sunse t Recyclery
-Cedar Avenue Recy cling & Tra nsfer Statio n
7 14 .00 Kochergen Fa rms.Cedar A venue Recycl ing &Tra nsfer Sta tion
5.710.00
3.Number of Solid Waste,Recyclable Materials,and Green Waste accounts by
SERVICE TYPE
Commercial MSW
Multi-Family MSW
RolioffMSW
Commercial Mixed Recycle'
Multi-Family Mixed Recycle'
Rolloff Mixed Recycle'
Commercial GW/Organic
Multi-Family GW/Organic
Rolloff GW/Organic
Jan·11
#ACCT
500
50
20
450
45
5
10
40
2
Feb-11
# ACCT
450
50
15
400
45
5
10
40
2
Mar-11
#ACCT
520
50
20
500
45
5
10
40
2
QTRAVG
#ACCT
520
50
20
500
45
5
10
40
2
4.Number of total Com Yards,Drive-By and RO Hauls
SERVICE TYPE
Commercial MSW
Multi-Family MSW
RolloffMSW
Commercial Mixed Recycle'
Multi-Family Mixed Recycle'
Rolloff Mixed Recycle'
Commercial GW/Organic
Multi-Family GW/Organic
Rolloff GW/Organic
Jan·11
12,400
100
20
11.500
100
15
5,000
100
10
Feb-11
11.600
101
21
10,000
101
16
4 ,500
101
11
Mar -11
13,000
102
22
1 1.000
102
17
5,200
102
12
QTRTOTAL
37 ,000
303
63
32.500
303
4 8
14,700
303
33
Ya rds
Drive-By
Ha uls
Ya rds
Drive-By
Hauls
Yards
Drive-By
Ha uls
CITY OF FRESNO QUARTERLY REPORT
CONTRACTOR NAME
5.Number of New Customers
SERVICE TYPE
Commercial MSW
Multi-Family MSW
RolloffMSW
Commercial Mixed Recycle'
Multi-Family Mixed Recycle'
Rolloff Mixed Recycle'
Commercial GW/Organic
Multi-Family GW/Organic
Rolloff GW/Organic
@ lied Waste
Jan-11
#ACCT
500
50
20
450
40
5
10
45
2
Year
Feb-11
# ACCT
5
1
1
4
1
1
3
1
1
2011
Mar-11
#ACCT
5
1
1
4
1
1
3
1
1
QTR I...._
QTRTOTAL
#ACCT
510
52
22
458
42
7
16
47
4
City of Fresno I 2011 I
MKHGFEoCBA..----..-..-...
Tolal Total Tolal Total Tota l Total Te tal Total Total JI(S.E+HI A.D+G+J +e+C+E+F+H" 1 +K+L liM
Ccrnrne rctal Commercial Comme n:lal Residential Resident",1 Re sidential Roll ON Roll ON Ro ll Off Te la l
Was t.Recycling GW/Organlc Wasle Recyc ling GW/Organrc Wa ste Recycling GW/Organic Recycle Tota l Totnl
D.sposed Collected Collected D,sposed Co llected Co llected Disposed Co llected Coll eC1 ed Recycle ReSIdual Disposal Diverled Total Dlvers!On
Month ITons'(Tonsl lTons) lT ons) (Tons)lTonsl (Tons)[Ions]lTonsl Residua l %lTonsl To ns Tons Tons Rate
JAN 493 .00 300 .00 SO.OO 500 .00 200 .00 150.00 100 .00 30 00 35 .00 28 .30 '4 150.00 1.243 .00 61500 1.858.00 33.10%
FE B 4 96.00 30 1.00 51 .00 SOI.00 20 1.00 151.00 84.00 31 .00 36.00 28 .33%151.00 1.232.00 620 .00 1.852.00 33 .46%
M AR 540 .00 302.00 5200 502.00 202 .00 152.00 181.00 32 .00 37.00 28.36%152.00 1 375 .00 625 .00 2 .000 .00 31 .25%
A P R 539.00 303.00 5300 503 .00 203.00 153.00 156.00 33.00 38 .00 28.39%153.00 1.351.00 630 .00 1.981.00 3 1.80%
M AY 482.00 304 .00 54 .00 504.00 20400 154.00 173.00 34 .00 39 .00 28.41'"154.00 1.313 .00 635.00 1.948 .00 32 .60%
JUN 5 1700 305.00 55 .00 505 .00 205 .00 155 .00 153.00 35.00 40 .00 28.44%155.00 1,330 .00 64 0.00 1.970 .00 32.49',1,
J UL 497 .00 306 .00 56.00 506 .00 206 .00 156 .00 128.00 36.00 4 1.00 28.47%156 .00 1.267 .00 64 5.00 1932.00 33 .39%
A UG 53200 307 .00 57.00 507 ,00 207 00 157.00 114.00 37 ,00 42,00 28.49%157.00 1 310 ,00 650 .00 1.960 .00 33.16%
S EP 53 7.00 308 .00 5800 506 ,00 208 .00 156.00 165.00 38.00 43.00 28.52 ''-158.00 1.368.00 653 ,00 2,021,00 32.31%
O C T 53000 309 ,00 59 .00 509 .00 209 .00 159.00 175.00 40.00 45,00 28 .49%159,00 1.373,00 66 2,00 2.035.00 32 .53%
NO V 53 1.00 3 10.00 60 ,00 510 ,00 2 10 DO 160.00 176 .00 45.00 46.00 28.32%160.00 1377.00 67100 2048 ,00 32.76%
D EC 532 ,00 3 11.00 6 100 511 ,00 2 1 1,00 161.00 180.00 46 .00 47.00 28 ,35''-161 .00 1,384 ,00 6 76 .00 2 ,060.00 32.82%
TOTALS 6 ,226.00 3.666.00 6 66.00 6,066 .00 2.466.00 1,864.00 1,785.00 437.00 469.00 28.41%1.866.00 15,943.00 7,722 .00 23.665 .00 32.63 ',1,
City of Fresno STAT 2011 I
I
LOB 201 LOB 231 LOB 232 LOB 301
LOB 341 LOB 338 LOB 101 LOB 101 LOB 101
Com
GW/Organic Mutil-Family Mutil ·Family Mutil-Family
Month Com MSWYDS Com Recy YDS
YDS MSWDB Recy DB GW/Orgainc DB RO MSW Hauls
RO Recy Hauls RO GW Hauls
1.2011 12,400 11,500 5 ,000 100 100 100 20 15 10
2.2011 11,600 10,000 4 ,500 101 101 101 21 16 11
3.2011 13,000 11 ,000 5 ,200 102 102 102 22 17 12
4.2011 13,001 11 ,001 5 ,201 103 103 103 23 18 13
5.2011 13,002 11,002 5 ,202 104 104 104 24 19 14
6.2011 13,003 11,003 5 ,203 105 105 105 25 20 15
7.2011 13,004 11,004 5 ,204 106 106 106 26 21 16
8.2011 13 ,005 11 ,005 5 ,205 107 107 107 27 22 17
9.2011 13 ,006 11,006 5 ,206 108 108 108 28 23 18
10.2011 13.007 11 ,007 5 ,207 109 109 109 29 24 19
11.2011 13,008 11 ,008 5 ,208 110 110 110 30 25 20
12.2011 13,009 11,009 5 ,209 111 111 111 31 26 21
Total 154 ,045 131 ,545 61,545 1,266 1,266 1,266 306 246 186
I I
I
ICity of Fresno INumber of Accounts 2011
I
LOB 201 LOB 231 LOB 232 LOB 301 LOB 341 LOB 338 LOB 101 LOB 101 LOB 101
Com Mutil-Family Mutil-Family Mutil-Family
Month ComMSW Com Recycling
GW/O rganic MSW Recycling GW/Organic Roll OffMSW Roll Off Recy Roll OffGW
1.2011 500 450 10 50 45 40 20 5 2
2.2011 450 400 10 50 45 40 15 5 2
3 .2011 520 500 10 50 45 40 20 5 2
4 .2011 520 500 10 50 45 40 20 5 2
5.2011 520 500 10 50 45 40 20 5 2
6.2011 520 500 10 50 45 40 20 5 2
7.2011 520 500 10 50 45 40 20 5 2
8.2011 520 500 10 50 45 40 20 5 2
9.2011 520 500 10 50 45 40 2 0 5 2
10.2011 520 500 10 50 45 40 20 5 2
11.2011 520 500 10 50 45 40 20 5 2
12.2011 520 500 10 50 45 40 20 5 2
Average 513 488 10 50 45 40 20 5 2
City of Fresno Number of New Customers 2011
I
LOB 201 LOB 231 LOB 232 LOB 301 LOB 341 LOB 338 LOB 101 LOB 101 LOB 101
Com Mutil-Family Mutil-Family Mutil-Family Roll Off
Month Com MSW Com Recvcling GW/Organ ic MSW Recyclin g GW/Organic Roll OffMSW Roll Off Recy GW/Organic
1.2011 500 450 10 50 40 45 20 5 2
2.2011 5 4 3 1 1 1 1 1 1
3.2011 5 4 3 1 1 1 1 1 1
4 .2011 5 4 3 1 1 1 1 1 1
5.2011 5 4 3 1 1 1 1 1 1
6.2011 5 4 3 1 1 1 1 1 1
7.2011 5 4 3 1 1 1 1 1 1
8.2011 5 4 3 1 1 1 1 1 1
9.2011 5 4 3 1 1 1 1 1 1
10.2011 5 4 3 1 1 1 1 1 1
11 .2011 5 4 3 1 1 1 1 1 1
12 .2011 5 4 3 1 1 1 1 1 1
Total 555 494 43 61 51 56 31 16 13
20 11YEAR_...;;;;,;;;..;..:...._
CITY OF FRESNO
DRIVER HOURS TREND
LOB Jan-"Feb-"Mar-"Apr-"May."Jun·"Jul·"Aug-"Sep-"o ei-t Noy-"Dec-"YTD
WORKDAYS 22.00 22.00 23 .00 23.00 23 .00 23 .00 23.00 23 .00 23 .00 2300 23 .00 23 .00 274 .00
4917201 CO MMERC IAL MSW -
4917231 COMMERCIAL RE CYCLING -
4917232 COMMERCIAL GW/ORGANIC -
-
AU COM IFL+FR)-- ----- -
WORKDAYS 22 .00 22.00 23 .00 23.00 23 .00 23 .00 23 .00 23.00 23.00 23.00 23 .00 23 .00 274 .00
4917301 MUTILI-FAMILY MSW -
49 173-11 MUTILI·FAMI LY RECYCLING -
4917338 MUT IL1·FAM ILY GWIORGANIC -
-
AU RES fSL+RL+RC+SRI -----.
WORKDAYS 22.00 22 .00 23 .00 23.00 23.00 23 00 23 .00 23 .00 23 .00 23 .00 23 .00 23.00 274 .00
4817101 RO MSW -
4917101 RO RECYCLI NG -
491 7'01 RO GWI ORGAN IC -
-
-
AU ROLLOFF IRO)--------- -
2011YEAR_-=...:...:.._
CITY OF FRESNO
SITES
LOB Jan-l l Feb-ll Mar-ll ADr·ll MaY·ll Jun·ll Jul·ll AUQ·ll SeD·ll oer-n Ncv-t t Dec·ll YTD
4917201 COMMERCIAL MSW 22.00 22-00 23.00 23.00 23.00 23.00 23.00 23 .00 23.00 23.00 23.00 23 .00 274 .00
#OF ROUTES 223 223
SITES 19.164 19.164
LIFTS 25.504 25.504
YARDS 65 109 85 .109
OPERATING HOURS .---.------
4917231 COMMERCIAL RECYCLING 22.00 22.00 23.00 23.00 23.00 23.00 23 .00 23.00 23 .00 23.00 23 .00 23 .00 2 74.00
#OF ROUTES 65 65
SITES 4.396 4 .396
LIFTS 5.146 5146
YARDS 17.269 17.269
OPERATING HOURS --.--·.----
4917232 COMMERCIAL GWIORGANIC 22.00 22 .00 23.00 23.00 23.00 23.00 23.00 23 .00 23.00 23.00 23.00 23.00 274.00
#OF ROUTES ,1
SITES 500 500
LIFTS 300 300
YARDS 500 500
OPERATING HOURS -.-----.·.
4917301 MULlT ·FAMILY MSW 22 00 22 .00 2300 23.00 23.00 23.00 23 00 23 .00 23.00 23.00 23 00 2300 27400
#OF ROUTES 257 257
RESI UNITS 100.000 100.000
COM LIFTS 2500 2 .500
TOTAL UNITS 188700 188.700
OPERATING HOURS
.-.--·---·.
4917341 MULlT ·FAMILY RECYCLING 2200 2200 2300 2300 23 00 2300 2300 2300 23.00 23.00 2300 23.00 274 00
#OF ROUTES 65 65
RESI UNITS 4.396 4396
COM LIFTS 5 146 5.146
TOTAL UNITS 17269 17269
OPERATING HOURS -.-.-·.--
4917338 MULlT·FAMILY GW/ORGANIC 22 .00 22 00 2300 23.00 2300 2300 2300 2300 23.00 2300 2300 2300 27400
#OF ROUTES 4 4
RESI UNITS 500 500
COM LIFTS 300 300
TOTAL UNITS 500 500
OPERATING HOURS -------.-.-·
2011YEAR_....::.::~_
CITY OF FRESNO
SITES
LOB Jan -11 Feb -11 Mar ·11 Apr-11 Mav-1 1 Jun-11 Jul-11 AUQ-11
Sep-11 Ocl-11 NQy-11 Oec·11 YTO
4917101 RO MSW 22.00 22 .00 2300 23.00 23.00 23.00 2300 2300 23 00 2300 2300 2300 27400
#OF ROUTES 160 160
LIFTS 837 837
MOV ES 156 156
Mise 49 49
OPERAT ING HOURS --·-.·-· ·
- -
4917101 RO RECYCLING 22.00 22.00 23.00 23.00 2300 23 00 23.00 23.00 23.00 2300 2300 23.00 27400
#OF ROUTES 3 3
LIFTS 10 10
MOVES 1 1
Mise ,1
OPERATI NG HOURS --.··.· ·-.
4917101 RO GWIORGANIC 22.00 22.00 23.00 23.00 23.00 2300 2300 2300 23.00 2300 23 00 2300 27400
# OF ROUTES 1 ,
LIFTS 500 500
MOVES 300 300
Mise SOO 500
OPERATING HOURS .. .·-.·.··...
ROLL-OFF
CITY OF FRESNO
LIST OF EQUIPMENT YR 2011
TRUCK#YEAR MAKE BODY LICENSE #VIN#AU SERVICE
3438 1998 Ptrb 330 XXXXX 3BPNLD9X5VVFXXXXX 491 7-101 Roll Off
SIDE LOADERS
TRUCK#YEAR MAKE BODY LICENSE #VIN#AU
2466 2000 Mack He il x.xxxx 1M2K195C6YXXXXXX 4917-301 Res idential
FRONT END
TRUCK #YEAR MAKE BODY LICENSE #VIN#AU
1233 1995 Ptrb McNielus XXXXX 1XPZX50XXSDXXXXX 4917-201 Commercial
1266 1995 Ptrb McNielus XXXXX 1XPZX50XXSDXXXXX 4917-231 Commercial
TRAILERS
TRUCK#YEAR MAKE BODY LICENSE #VIN#AU
7506 1994 Biqtx N/A 1HY6850 16VPX1621R1E50151 4917308
12/21/10 14:28:35
Company 917 AWS of Fresno
CUSTOMER SERVICE REPORT
CoUNTs &PERCENTAGEs
SIGDS238 Page 1
Grouped by Service Code Date Range 11/01/10 to 11/30/10
SR #of 1*#%of all
Code Recordings Open Pending Closed Selected Recordings
ADCM 1 1 .02
ADCR 108 108 2.35
ADDA 8 8 .17
ADDM 15 15 .33
ADDR 28 28 .61
ADIN 49 49 1.07
ADRF 28 28 .61
ADTB 44 44 .96
TOTAL AD 281 281 6.12
ARAF 2 2 .04
ARSA 13 13 .28
ARCR 32 32 .70
ARCV 6 6 .13
ARDM 41 41 .89
AREV 1 1 .02
ARFF 1 1 .02
ARLF 48 48 1.05
ARRF 39 39 .85
ARSF 71 71 1.55
ARSU 163 163 3 .55
ARWO 39 39 .85
TOTAL AR 456 456 9.93
CADD 4 4 .09
CADL 436 436 9.49
CALL 44 44 .96
CANC 268 268 5.84
CARM 367 367 7.99
TOT AL CA 1119 1119 24.37
CCIN 35 3 5 .76
ToTAL CC 35 35 .76
CSEI 1 1 .02
CSIN 160 160 3.48
CSIR 3 3 .07
CSNS 74 74 1.61
CSSS 60 60 1.31
CSVS 2 2 .04
TO TAL CS 300 300 6.53
DDCS 1 1 .02
12/21/10 14 :28 :35
Company 917 AWS of Fresno CUSTOMER SERVI CE REPORT
COUNTs &PERCENTAGES BIGDS238 Page 2
Grouped by Service Code Date Range 11/01/10 to 11/30/10
SR #of ##%of allCodeRecordingsOpenPendingClosed Selected Recordings
TOTAL DD 1 I .02ICFR1010.22ICTO11.02TOTALIe1111.24MISS3643647.93TOTALMl3643647.93NAIN44.09TOTALNA44.09OPEl88.17OPGC1818.39OPIN76761.66OPMC1010.22OPNS92922.00OPRC55.11OPRM2322325.05TOTALOP4414419.6 0PONO1781783.88-n>TAL PO 1 18 178 3.8 8SACC33.07SAIN22.04SAPI1010.22SAPL22.04SASC3333.72TOTALSA50501.0 9SCCD1361362.96SCCR11.02SCDY1212.26SCNC1061062.31SCNS11.02SCRE64641.39SCRG55855812.15SCRL22.04SCRM73731.59SCRR2525.54
12/21/10 14:28:35
Company 917 AWS of Fresno CUSTOMER SERVICE REPORT
CO UNTs &PERC ENTAGE S BIGDS238 Page 3
Grouped by Service Code
SR
Code
SCRS
SCRT
SCR2
SCSU
SCTM
SCT2
SCNA
SCYM
TOTAL s C
WE LC
TOTAL WE
TOTAL AL L SERV ICE CODES
#of
Recordings
135
25
1
9
83
1
7
112
1351
1
1
4592
#
Open #
Pending
Date Range 11/01/10 to 11/30/10
\"of all
Closed Selected Recordings
135 2.9425.541.029.20831.811.027.151122.44
1351 2 9 .42
1 .02
1 .02
4592
C ommerc ial B i ns and C ommerc ial C ans 1 1/30/2010
Conta iner Size
Contalner'Type Dalll 1 1.5 2 3 4 5
,
6 32GA l 64GA l S5GAl Grand Total
CA Sum of C harae Rate $200.00 $550 .00 SSO .OO S800.00
Sum of #Customer 1 2 1 4
Sum of Conlll iner Clv Cns lle 11 24 1 36
Sum of To tol l ill s 7 24 2 33
Fl Sum of Charge Rate 5600 .00 $400 .00 5700 .00 $2 000 .00 5 1400 .00 $1400.00 52100.00 58.600 .00
Sum of #Customer 6 3 4 4 4 2 3 26
Sum of Container cry Onsue e 3 4 9 4 3 3 32
Sum of Total LJlls 6 3 4 10 4 51 6 38
FR Sum of Charge Rate 5 150.00 $175.00 $300.00 $625 .00
Sum of #Customer 1 1 1 3
Sum of Conta ,ner Cly Onslte 1 ,1 3
Sum o f Total l ,ns ,1 ,I 3
RC Sum of Charoe Rat.$12.00 512.00
Sum of #Customer 2 2
Sum of Conl amer Cly Onsne 4 4
Sum of Totallills 4 4
YC Sum of Charge Rote S20.OO S20 .00
Sum of #Cus tomer 2 2
Sum o r Conta,ner Cly'Onsite 2 2
Sum of Total lllls 2 2
Total Sum or Charoe Rale S600.00 S550.00 $875.00 52.300.00 $1400 .00 $1 400 .00 $2 .100.00 S200.oo S550.00 S82.00 5 10 .05700
Total Sum or #Cu stomer e 4 5 5 4 2 1 31 1 1 2 5 37
Tol al Sum of Container Cly Onsile 6 4 5 10 4 3 3 11 24 7 77
Total Sum or TotalLJfts e 4 5 11 4 5 6 7 24 8 80
CA =CAR T MSW
RC =CART RECYCLE
YC =CARTGW
Fl -BIN MSW
FR =BIN RECYCLE
Commercial Cuslomer List .xls
EXHIBITL
FORM OF GUARANTY AGREEMENT
This page intentionally left blank
EXHIBIT L
FORM OF GUARANTY AGREEMENT
THIS GUARANTY (the "Guaranty") is given as of the __day of __,2010.
THIS GUARANTY is made with reference to the following facts and circumstances:
A.{Insert name of selected contractor} ("Contractor")is a corporation
organized under the laws of the State of California,all of the issued and outstanding stock
of which is owned by {Insert name of parent company}
("Guarantor").
B.Contractor and the City of Fresno ("City")have negotiated an Agreement for Multi-
Family and Commercial Solid Waste,Recyclable Materials,and Organic Materials
Services in Service Area No._,dated as of ,(hereinafter
"Agreement").A copy of this Agreement is attached hereto .
C.It is a requirement of the Agreement ,and a condition to the City entering into the
Agreement ,that Guarantor guaranty Contractor's performance of the Agreement.
D.Guarantor is providing this Guaranty to induce the City to enter into the Agreement.
NOW,THEREFORE,in consideration of the foregoing ,Guarantor agrees as follows:
1.Guaranty of the Agreement.Guarantor hereby irrevocably and unconditionally
guarantees to the City the complete and timely performance,satisfaction,and observation
by Contractor of each and every term and condition of the Agreement,which Contractor
is required to perform,satisfy, or observe.If Contractor fails to perform,satisfy or
observe any of the terms and conditions of the Agreement,Guarantor will promptly and
fully perform ,satisfy or observe them in the place of Contractor or cause them to be
performed,satisfied or observed.Guarantor hereby guarantees payment to the City of
any damages,costs ,or expenses,which might become recoverable by the City from
Contractor due to its breach of the Agreement.
2.Guarantor's Obligations Absolute.The obligations of the Guarantor hereunder are direct,
immediate ,absolute,continuing,unconditional,and unlimited,and with respect to any
payment obligation of Contractor under the Agreement ,shall constitute a guarantee of
payment and not of collection,and are not conditional upon the genuineness,validity ,
regularity ,or enforceability of the Agreement.In any action brought against the
Guarantor to enforce,or for damages for breach of, its obligations hereunder,the
Guarantor shall be entitled to all defenses ,if any, that would be available to Contractor in
an action to enforce ,or for damages for breach of,the Agreement (other than discharge
of, or sta y of proceedings to enforce,obligations under the Agreement under bankruptcy
law).
Page 1 of 5 Exhibit L
3. Waivers. Except as provided herein the Guarantor shall have no right to terminate this
Guaranty or to be released ,relieved,exonerated or discharged from its obligations under
this Guaranty for any reason whatsoever,including,without limitation:(1)the
insolvency,bankruptcy ,reorganization or cessation of existence of Contractor;(2) the
actual or purported rejection by a trustee in bankruptcy of the Agreement,or any
limitation on any claim in bankruptcy resulting from the actual or purported termination
of the Agreement ;(3) any waiver with respect to any of the obligations of the Agreement
guaranteed hereunder or the impairment or suspension of any of the City 's rights or
remedies against Contractor;or (4) any merger or consolidation of Contractor with any
other corporation ,or any sale, lease or transfer of any or all the assets of Contractor.
Without limiting the generality of the foregoing ,Guarantor hereby waives the rights and
benefits under California Civil Code §2819.
The Guarantor hereby waives any and all benefits and defenses under California Civil
Code §2846 ,2849,and 2850 as may be amended from time to time, including without
limitation,the right to require the City to (a) proceed against Contractor,(b)proceed
again t or exhaust any security or collateral the City may hold now or hereafter hold, or
(c) pursue any other right or remedy for Guarantor 's benefit, and agrees that City may
proceed against Guarantor for the obligations guaranteed herein without taking any action
against Contractor or any other guarantor or pledgor and without proceeding against or
exhausting any security or collateral the City may hold now or hereafter hold. The City
may unqualifiedly exercise in it sole discretion any or all rights and remedies available to
it against Contractor or any other guarantor or pledgor without impairing the City 's rights
and remedies in enforcing this Guaranty.
The Guarantor hereby waives an d agrees to waive at any future time at the request of the
City to the extent now or then permitted by applicab le law ,any and all rights which the
Guarantor may have or which at any time hereafter may be conferred upon it, by statute,
regulation or otherwise ,to avoid any of its obligations under ,or to terminate,cancel ,quit
or surrender this Guaranty.Without limiting the generality of the foregoing ,it is agreed
that the occurrence of anyone or more of the following shall not affect the liability of the
Guarantor hereunder :(a) at any time or from time to time ,without notice the Guarantor,
performance or compliance herewith is waived; (b) any other of any provision of its
Agreement indemnification with respect to Contractor's obligations under the Agreement
or any security therefore is released or exchanged in whole or in part or otherwise dealt
with ;or (c) any assignment of the Agreement is effected which does not require the
City's approval.
The Guarantor hereby expressly waives,diligence,presentment,demand for payment or
performance,protest and all notices whatsoever,including ,but not limited to ,notices of
non-payment or non-performance, notices of protest ,notices of any breach or default, and
notices of acceptance of this Guaranty.If all or any portion of the obligations guaranteed
hereunder are paid or performed ,Guarantor 's obligations hereunder shall continue and
remain in full force and effect if all or any part of such payment or performance is
avoided or recovered directly or indirectly from the City as a preference,fraudulent
transfer or otherwise,irrespective of (a) any notice of revocation given by Guarantor or
Page 2 of 5 Exhibit L
Contractor prior to such avoidance or recovery ,and (b)payment in full of any obligations
then outstanding.
4 .Term. This Guaranty is not limited to any period of time ,but shall continue in full force
and effect until all of the terms and conditions of the Agreement have been fully
performed or otherwise discharged and Guarantor shall remain fully responsible under
this Guaranty without regard to the accepta nce by the City of any performance bond or
other collateral to assure the performan ce of Contractor's obligations under the
Agreement.Guarantor hall not be released of its obligations hereunder so long as there
is any claim by the City against Contractor arising out of the Agreement based on
Contractor's failure to perform which has not been settled or discharged.
5. No Waivers. No delay on the part of the City in exercising any rights under this
Guaranty or failure to exercise such rights shall operate as a waiver of such rights. No
notice to or demand on Guarantor shall be a waiver of any obligation of Guarantor or
right of the City to take other or further action without notice or demand. No
modification or waiver of any of the provisions of this Guaranty shall be effective unless
it is in writing and signed by the City and by Guarantor,nor shall any waiver be effective
except in the specific instance or matter for which it is given.
6.Attorney's Fees. In addition to the amounts guaranteed under this Guaranty,Guarantor
agrees in the event of Guaranty 's breach of its obligations including to pay reasonable
attorney's fees and all other reasonable costs and expenses incurred by the City in
enforcing this Guaranty, or in any action or proceeding arising out of or relating to this
Guaranty,including any action instituted to determine the respective rights and
obligations of the parties hereunder.
7.Governing Law: This Guaranty is and shall be deemed to be a contract entered into in
and pursuant to the laws of the State of California and shall be governed and construed in
accordance with the laws of California without regard to its conflicts of laws, rules for all
purposes including,but not limited to ,matters of construction,validity and performance.
Guarantor agrees that any suit, action, and other proceeding brought by the City or other
party to enforce this Guaranty may be brought and concluded in the courts of the State of
California,in Fresno County or Federal District court for northern California,which shall
have exclusive jurisdiction over such suit ,action ,or proceeding.Guarantor appoints the
following person as its agents for service of process in California:
With a copy by certified mail to:
Page 3 of5 Exhibit L
8.Severability.If any portion of this Guaranty is held to be invalid or unenforceable,such
invalidity will have no effect upon the remaining portions of this Guaranty, which shall
be severable and continue in full force and effect.
9 .Binding on Successors. This Guaranty shall inure to the benefit of the City and its
successors and shall be binding upon Guarantor and its successors, including transferee(s)
of substantially all of its assets and its shareholderis)in the event of its dissolution or
insolvency.
10. Authority.Guarantor represents and warrants that it has the corporate power and the
authority to gi e this Guara nty,that it exec ution of this Guaranty has been authorized by
all necessary action under its Article of Incorporation and By-Laws ,and that the person
signing this Guaran ty on its behalf has the a uthority to do so.
11. Notices. Notice shall be given in writing, deposited in the U.S. mail,registered or
certified, first class postage prepaid, addressed as follows:
To the City: Solid Waste Manager
City of Fresno
1325 E. EI Dorado
Fresno, CA 93706
with a copy to the City Attorney at the same address.
To the Guarantor:{Guarantor's Address to be inserted}
IN WITNESS WHEREOF,the City and Guarantor have executed this Agreement as of the day
and year first above written.
Remainder of page intentionally left blank.
Page 4 of5 Exhibit L
GUARANTOR:
(name of Guarantor)
By :--------------(sign here )
(print name/title)
By:-------------(sign here)
(print name/title)
CITY OF FRESNO,a municipal corporation
of the State of California
By:_
City Manager
ATTEST:
City Clerk
Proper notarial acknowledgment of execution by Guarantor must be attached.
Chairman,president or vice-president and secretary ,assistant secretary,CFO or assistant
treasurer must sign for corporations.Otherwise,the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.
APPROVED AS TO FORM:
BY:_
City Attorney
Page 5 of5 Exhibit L
EXHIBITM
FORM OF CONTRACTOR'S FAITHFUL PERFORMANCE BOND
This page intentionally left blank
EXHIBITM
CITY OF FRESNO
FORM OF CONTRACTOR'S FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS :
That ,Californ ia Corporations ,as
PRINCIPAL ,and , a Corporation
organized and doing business by virtue of the laws of the State of California.and authorized for the
purpose of making,guaranteeing,or becoming sole surety upon bonds or undertakings required or
authorized by the laws of the State of Califomia ,as SURETY,are held and firmly bound to the CITY OF
FRESNO ,a municipal corporation of the State of California,hereinafter called OBLIGEE,in the penal
sum of and NolIOO Dollars ($.00) lawful money of the
United States, for the payment of which, well and truly to be made, we and each of us hereby bind
ourselves,and our and each of our heirs,executors,administrators ,successors ,and assigns ,jointly and
severally,firmly by these presents.
NOW ,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH THAT:
WHEREAS ,the above bounden PRINCIPAL has entered into a contract on ,20II ,
entitled "MULTI-FAMILY AND COMMERCIAL SOLID WASTE ,RECYCLABLE MATERIALS ,
AND ORGANIC MATERIALS SERVICES IN SERVICE AREA NO ._ " with the OBLIGEE,to do
and perform the following work ,to wit:Collect,Transport,Process ,and Dispose of Solid Waste,
Recyclable Materials,and Organic Materials generated within Service Area No ._ in the City of Fresno,
in accordance with the contract.
NOW ,THEREFORE,if the above bounden PRINCIPAL shall well and truly perform, or cause to
be performed each and all of the requirements and obligations of said contract to be performed by said
PRINCIPAL ,as in said contract set forth, then this BOND shall be null and void ;otherwise,it shall
remain in full force and effect.
And the said Surety, for value received hereby stipulates and agrees that no change ,extension of
time,alteration or addition to the terms of the contract or to the work to be performed thereunder or the
specifications accompanying the same shall in any wise affect its obligations on this BOND,and it does
hereby waive notice of any such change,extension of time ,alteration or addition to the terms of the
contract or to the work or to the specifications.
IN WITNESS WHEREOF,said PRINCIPAL and said SURETY have caused these presents to be
duly signed and sealed this __day of __, 2011.
By :_
(PRINCIPAL)
(SEAL)
By:_
By:_
By:_
(SURETY)
(SEAL)
By :_
By:_
(A TTORNEY IN FACT)(A TTORNEY IN FACT)
(SEAL)(SEAL)
(Signatures of Principal and Surety must be acknowledged by a Notary Public)
Page 1 of 1 Exhibit M
EXHIBITN
CITY-OWNED EQUIPMENT TO BE ACQUIRED BY CONTRACTOR
This page intentionally left blank
Service Area 1 -Northern Service Area
Average Per Unit
Equipment Quantity Value Total
Front-End Loader Trucks 22 $56,336 $1,239,381
Bin-Delivery Truck - Fork 1 $8,571 $8,571
Bin-Delivery Truck - Flatbed 1 s -$-
64-Gallon Carts - Solid Waste 845 $20 $16,900
96-Gallon Carts - Solid Waste 738 $20 $14,760
1 Cubic Yard Bins- Solid Waste 595 $54.86 $32,644
2 Cubic Yard Bins- Solid Waste 752 $66 .11 $49,713
3 Cubic Yard Bins- Solid Waste 967 $75.10 $72,623
4 Cubic Yard Bins- Solid Waste 755 $86.34 $65,190
5 Cubic Yard Bins - Solid Waste 1 $99.39 $99
6 Cubic Yard Bins- Solid Waste 74 $112.88 $8,353
1 Cubic Yard Bins- Recycling 485 $54.86 s 26,609
2 Cubic Yard Bins- Recycling 619 $66.11 $40 ,920
3 Cubic Yard Bins - Recycling 440 s 75.10 $33,045
4 Cubic Yard Bins- Recycling 885 $86.34 $76,414
5 Cubic Yard Bins -Recycling -$99.39 $-
6 Cubic Yard Bins- Recycling 76 $112 .88 $8,579
Total Equipment Purchase Price - Service Area 1 $1,693,802
NOTE:This equipment and pricing list reflects the assumptions of the Contractor in preparing their cost
and rate proposal.In the event of a conflict between this exhibit and the equipment purchase agreement
between the City and Contractor,the equipment purchase agreement shall control.
Page 1 of 1 Exhibit N
EXHIBIT 0
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EXHIBIT P
COST-BASED RATE ADJUSTMENT METHODOLOGY
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EXHIBIT P
COST-BASED RATE ADJUSTMENT MOTHODOLOGY
1.GENERAL
The City shall use the cost-based Rate adjustment method described in this Exhibit to determine
Rates fo r Rate Periods 3 and 9, and if applicable ,Rate Periods 14 and 19.
The cost-based adjustment involves review of the Contractor 's actual cost of operations and
operational statistics (staffing levels, routes, route hours ,Customers and their service levels ,etc.)
to determine the Total Contractor 's Compensation for the current Rate Period and to forecast the
Total Contractor's Compensation for the coming Rate Period. The difference (measured as a
percentage)between the Total Contractor's Compensation for the coming Rate Period and the
Gross Rate Revenues most-recently reported 12-month period is the Rate Adjustment Factor.
The Rate Adjustment Factor is applied to the then-current Rates to determine the Rates for the
coming Rate Period.
The intent of performing the cost-based adjustment is to examine the actual impact of changes in
inflation ,the number of Customers ,and the service level of Customers.
The City will incur costs ,including consulting and legal fees ,when determining adjustments to
the Rates in accordance with this Exhibit and shall require the Contractor to pay for such costs
withi n sixty (60)calendar day s of receipt of the City's invoice for such costs. The Contractor
shall recover uch costs throug h the Rates by treating the costs as an allowable Pass-Through
Cost as described in Section 3.C of this Exhibit.Regardless of Contractor's payment of costs
associated with said review, City shall retain full and unimpeded discretion in selection of its
agents to ensure, at a minimum, that no conflict of interest arises in the review of Contractor's
request. City retains the right to select its agents on the basis of their qualifications and
experience and without regard to cost.
2.DEFINITIONS
Terms in upper case that are not otherwise defined in Article 1 or this Exhibit are defined by
reference for the purposes of this Exhibit only.
A."Annual Percentage Change"means the average CPI value for the 12-month period
ending March of the then-current Rate Period minus the average CPI value for the 12-
month period ending March of the most-recently completed Rate Period, divided by the
average CPI value for the 12-month period ending March of the most-recently completed
Rate Period. The Annual Percentage Change shall be rounded to the nearest thousandth
(lOOOth).
For example ,if the ontractor is preparing its Rate application for Rates to be effective
for Rate Period 3,the Annual Percentag e Change shall be calculated as follows:
[(Average P I for April 2011 through March 2012) - (Average CPI for April 2010
through March 2011 )]/(Average CP I for April 2010 through March 2011).
Page 1 of7 Exhibit P
B."CPI-U"means the All Urban Consumers Index (CPI-U) compiled and published by the
DOL or its successor agency ,using the following parameters.
CPI-U Parameters:
Area - Los Angeles-Riverside-Orange County, CA
Item - All Items
Base Period - Current 1982-84=100
Not seasonally adjusted
Periodicity - Monthly
C."Total Contractor's Compensation"means the total amount to be used as a basis for
determining the Rate Adjustment Factor. The Total Contractor 's Compensation does not
reflect or in any way guarantee the Gross Rate Revenues that are to be generated by Rates
or retained by the Contractor.
3.FORECASTING TOTAL CONTRACTOR'S COMPENSATION
The Total Contractor 's Compensation for the coming Rate Period shall be forecasted in the
manner described in this Section.
A.Forecasting Total Annual Cost of Operations
1.Determine Actual Total Annual Cost of Operations.Contractor's financial
statement, books ,and records shall be reviewed to determine Contractor's Actual
Total Annual Cost of Operations for the most-recently completed Rate Period to
perform all the services in the manner required by this Agreement for each of the
following cost categories:
a. Forecasted labor-related costs
b. Forecasted vehicle-related costs (excluding fuel)
c. Forecasted fuel costs
d. Forecasted other costs
e. Forecasted direct depreciation costs
f.Forecasted allocated costs (labor ,vehicle ,and other costs)
g. Forecasted allocated costs (depreciation)
2.Calculate Allowable Costs. Contractor shall calculate Allowable Total Annual Cost
of Operations for the most-recently completed Rate Period by adjusting Actual Total
Annual Cost of Operations for the most-recently completed Rate Period (determined
in accordance with Section 3.A.l of this Exhibit) to deduct non-allowable costs. The
Allowable Total Annual Cost of Operations shall be reported in the cost categories
identified in Section 3.A.l of this Exhibit. Non-allowable costs that shall be
deducted from actual costs include the following:
a. Labor and equipment costs for personnel and vehicles that are not specified in
the proposal forms contained in Exhibit C.
Page 2 of7 Exhibit P
b. Payments to directors and/or owners of Contractor unless paid as reasonable
compensation for services actually rendered. Reasonableness shall be
determined based on available market pricing for similar services and shall be in
the sole discretion of the City.
c.Travel expenses and entertainment (above five thousand dollars ($5 ,000)
annually in total) expenses, unless authorized in advance by the City.
d.Payments to repair damage to property of third parties or the City for which
Contractor is legally liable.
c.Fines for penalties of any nature.
f.Liquidated Damages assessed under this Agreement.
g. Federal or State income taxes.
h. Charitable or political donations.
1.Depreciation or interest expense for Collection vehicles, Containers, other
equipment ,offices and other facilities if such items are leased as specified in
Exhibit C.
J.Attorney's fees and other expenses incurred by Contractor III any court
proceeding in which the City and Contractor are adverse Parties .
k. Attorney's fees and other expenses incurred by Contractor arising from any act
or omission in violation of this Agreement.
1.Attorneys' fees and other expenses incurred by Contractor in any court
proceeding in which Contractor's own negligence, violation of law or regulation ,
or wrong doing are in issue and occasion, in whole or in part, the attorneys' fees
and expenses claimed;and attorneys' fees and expenses incurred by Contractor
in a court proceeding in which the legal theory or statute providing a basis of
liabi lity again st Contractor al 0 provides for separate potential liability for the
City derived from the action of its citizens or Rate payers (such as in a CERCLA
lawsuit) unless the Contractor is found not liable in such claims and such claims
arise from acts or occurrences within the Term of the Agreement.
m. Payments to Related-Party Entities for products or services, in excess of the cost
to the Related-Party Entities for those products or services.
n. Goodwill.
Page 3 of7 Exhibit P
o.Excess fuel costs for route hours greater than those stated in Exhibit C where
excess fuel costs shall be equal to annual fuel costs less allowable fuel costs,
where allowable fuel costs are calculated to be equal to annual fuel costs divided
by total annual gallons of fuel purchased multiplied by total annual allowable
fuel usage stated in Exhibit C.
p.Unreasonable profit sharing distributions.
q.Replacement costs for Containers that need to be replaced because the useful life
of such Container was less than the Term.
r.Administrative costs greater than the administrative costs proposed for Rate
Period 2 (as presented in Exhibit C)adjusted using the CPI-U
s. Bad debt write-offs in excess of two percent (2%)of annual Rate revenues.
3.Forecasted Total Annual Cost of Operations.Forecasted Total Annual Cost of
Operations for the coming Rate Period shall be calculated based on Allowed Total
Cost of Operations for the most-recently completed Rate Period determined in
accordance with Section 3.A.2 of this Exhibit.The forecasts shall be performed in
the following manner:
a.Forecasted labor-related costs shall be calculated for the coming Rate Period by
multiplying:(i) the Allowed labor-related costs for the most-recently completed
Rate Period by one (1) plus the Annual Percentage Change in the labor index
described in Section 11.3.B.,"step 1"of the Agreement;and, (ii)multiplying the
result of step one by the same percentage change used in step one.
b.Forecasted vehicle-related costs (excluding fuel and depreciation costs) shall be
calculated for the coming Rate Period by: (i)multiplying the Allowed vehicle-
related costs for the most-recently completed Rate Period by one (l)plus the
Annual Percentage Change in the CPI-U: and ,(ii) multipl ying the result of step
one by the same percentage change used in step one.
c.Forecasted fuel cos ts s ha ll be ca lcu lated for the coming Rate Period by: (i)
multiplying the A llowed fuel co ts for the most-recently completed Rate Period
by 1 plus the A nnua l Percentage C hange in the fuel index described in Section
11.3.B.,"step 2"of the Agreement;and, (ii)multiplying the result of step one by
the same percentage change used in step one.
f.Forecasted other costs shall be calculated for the coming Rate Period by: (i)
multiplying the allowed other-related costs for most-recently completed Rate
Period by one (1)plus the Annual Percentage Change in CPI-U; and, (ii)
multiplying the result of step one by one (l)plus the Annual Percentage Change
in CPI-U.
Page 4 of7 Exhibit P
g.Forecasted direct depreciation expense shall be the amount specified in Exhibit
C for vehicles,Containers,and facilities.Direct depreciation expense is a fixed
cost and is not subject to inflation.
h.Forecasted allocated labor-related,vehicle-related,and other costs shall be
calculated for the coming Rate Period by: (i)multiplying the allowed other-
related costs for most-recently completed Rate Period by one (1)plus the
Annual Percentage Change in CPI-U;and,(ii)multiplying the result of step one
by 1 plus the Annual Percentage Change in CPI-U.
I.Forecasted allocated depreciation expense shall be the amount specified in
Exhibit C for vehicles,Containers,and facilities.Allocated depreciation expense
is a fixed cost and not subject to inflation.
J .Forecasted Total Annual Cost of Operations for the coming Rate Period shall
equal the sum of the following costs,which shall have been calculated in
accordance with the procedures in this Section:
(1)Forecasted labor-related costs
(2)Forecasted vehicle-related costs (excluding fuel costs)
(3)Forecasted fuel costs
(4)Forecasted other costs
(5)Forecasted direct depreciation expense
(6)Forecasted allocated costs (labor,vehicle,and other costs)
(7)Forecasted allocated costs (depreciation)
B.Forecasted Profit.Contractor shall be entitled to Profit on Forecasted Total Annual
Cost of Operations.Profit shall be calculated using an operating ratio of 92.7%.Profit
shall be calculated using the following formula:
Profit =(Forecasted Total Annual Cost of Operations/Operating Ratio)-Forecasted Total
Annual Cost of Operations
For Example:
Assuming an operating ratio of 92%
Assuming a Forecasted Total Annual Cost of Operations of$I,OOO,OOO
(1,000 ,000/.92)-1 ,000,000=86,956 .52
C.Forecasted Pass-Through Costs.Pass-Through Costs for the coming Rate Period shall
be forecasted in the following manner:
1.Forecasted Disposal Cost.Annual Forecasted Disposal Cost =(Disposal Fee at
Designated Disposal Location)x (total Tons of Solid Waste Collected for the
most-recently reported 12-month period).
Page 5 of7 Exhibit P
2.Forecasted Recyclable Materials Processing Cost.Annual Forecasted
Recyclable Materials Processing Cost =(Processing Fee at Designated
Rec yclable Materials Processing Site) x (total Tons of Recyclable Materials
Collected for the most-recently reported 12-month period)
3.Forecasted Organic Materials Processing Cost.Annual Forecasted Organic
Materials Processing Cost =(Processing Fee at Approved Organic Materials
Processing Site) x (total Tons of Organic Materials Collected for the most-
recently reported 12-month period)
4.Forecasted Interest Expense.Interest Expense is $282 ,690 per year and shall
not be adjusted over the Term of the Agreement.
5.Forecasted Direct Lease Costs.Direct Lease Costs are $0 per year and shall not
be adjusted over the Term of the Agreement.
6.Forecasted Allocated Lease Costs.Allocated Lease Costs are $0 per year and
shall not be adjusted over the Term of the Agreement.
D.Forecasted City Fees
(1)Forecasted Franchise Fee.Forecasted Franchise Fees ,which shall equal sixteen
and seven-tenths percent (14.1 %)of the Forecasted Total Contractor's
Compensation .
(2)Forecasted Contract Management and Enforcement Fee.The Forecasted
Contract Management and Enforcement Fee shall be in an amount prescribed by the
City.If no revised Contract Management and Enforcement Fee is provided by the
City ,the Contract Management and Enforcement Fee paid to the City during the
prior Rate Period shall remain in effect.
(3)Rate Application Review Costs.An amount determined by the City to reimburse
the Contractor for payment of the City 's costs,including consulting and legal fees
associated with determination of Rates under this Exhibit.
(4)Forecasted Total City Fees.Forecasted Total City Fees shall equal the sum of the
Forecasted Franchise Fee ,Forecasted Contract Management and Enforcement Fee ,
Forecasted Shedding Fee ,Forecasted Vehicle Impact Fee, and Rate Application
Review Costs.
4.RATE ADJUSTMENT FACTORS
A.Operating Component Rate Adjustment Factor.The "Operating Component Rate
Adjustment Factor"shall be determined by dividing the sum of the Forecasted Total Annual Cost
of Operations,Forecasted Profit,Forecasted Interest Expense ,Forecasted Direct Lease Costs,
and Forecasted Allocated Lease Costs by the Operating Component portion of Rate Revenues
Page 60f7 Exhibit P
received over the most recent twelve (12)months,rounded to the nearest thousandth.The
Operating Component Rate Adjustment Factor shall not exceed three percent (3%)during Rate
Periods 1through 4 or six percent (6%)in any Rate Period after Rate Period 4 ,nor shall it be less
than zero percent (0%)in any Rate Period.
B.Disposal Component Rate Adjustment Factor.The "Disposal Component Rate Adjustment
Factor"shall be determined by dividing the Forecasted Disposal Cost by the Disposal
Component portion of Rate Revenues received over the most recent twelve (12) months,rounded
to the nearest thousandth (1 OOOth).The Disposal Component shall only be applied to Solid
Waste Collection Rates and shall not be included in the calculation of Recyclable Materials
Collection Rates ,Organic Materials Collection Rates, or Special Charges.
C.Processing Component Rate Adjustment Factor.The "Processing Component Rate
Adjustment Factor"shall be determined by dividing the Forecasted Processing Cost by the
Processing Component portion of Rate Revenues received over the most recent twelve (12)
months, rounded to the nearest thousandth (1 OOOth).This calculation shall be performed for the
Forecasted Recyclable Materials Processing Cost for determination of Rec yclable Materials
Collection Rates. The calculation shall be performed separately for the Forecasted Organic
Materials Processing Cost for determination of Organic Materials Collection Rates. The
Processing Component Rate Adjustment Factor shall not be applied to Solid Waste Collection
Rates or Special Charges. The Processing Component Rate Adjustment Factor for Organic
Materials Collection Rates shall not exceed the Operating Component Rate Adjustment Factor as
determined in Section 4 .A.of this Exhibit.
D.Fee Component Rate Adjustment Factor.The "Fee Component Rate Adjustment Factor"
shall be determined by dividing the Forecasted Total City Fees by the sum of all Franchise and
Other Fees, as described in Article 10 of the Agreement,paid to the City by Contractor over the
most recent twelve (12) months ,rounded to the nearest thousandth (1000th).
5.ADJUSTMENT OF RATES
Each then-current Rate component shall be multiplied by the associated component Rate
Adjustment Factor to calculate the effective Rate for the coming Rate Period.All Special
Charges shall be adjusted using the Operating Component Rate Adjustment Factor.
Page 7 of7 Exhibit P
Mr .Dan Capener
General Manager
Allied Waste
5501 N .Golden State Blvd.
Fresno, CA 93722
RE:Franchise Agreement for Multi-Family and Commercial Solid Waste,Recyclable
Materials,and Organic Materials Services in Service Area No.1 ("Franchise Agreement"),
and related Purchase Agreement for Trucks and Containers
Mr. Capener:
We write to confirm our understanding regarding documentation of the sale and purchase of
certain trucks and containers (collectively,the "personal property")pursuant to Sections 8.3.1
and 8.4 of the Franchise Agreement.The quantity ,size, and purchase price of the trucks and
containers is set forth in Exhibit N to the Franchise Agreement.
We have agreed that satisfaction of Allied's purchase obligations under Sections 8.3 .1 and 8.4 of
the Franchise Agreement requires the City and Allied enter into a Purchase Agreement for the
sale and purchase of the personal property,prior to the Commencement Date (as that date is
defined in the Purchase Agreement)upon mutually agreeable terms between both parties ..
Among other things, the Purchase Agreement will:
-confirm that the personal property is being conveyed in an "as-is"condition,without
warranty of any kind ;
-include a release of liability and indemnification in favor of the City, for any damages
arising from the use or condition of the personal property;and
-include an option to repurchase the personal property,at any time within the first nine
months of the term of the Franchise Agreement,in the event of a restraining order or injunction
preventing the provision of services by Buyer pursuant to the Franchise Agreement.
We think that the above summarizes our agreement on these matters.If you agree, please
execute where indicated below.
Very Truly Yours,
Mark Scott
City Manager
III03-Q007\1403996vI.doc
AGREED:
ALLIED WASTE SERVICES OF NORTH AMERICA,LLC,
A Delaware Limited Liability Company,dba
ALLIED WASTE SERVICES OF FRESNO