HomeMy WebLinkAboutMid Valley Disposal - Franchise - Multi-Family and Commercial Solid Waste, Recyclable Materials, and Organic Materials Services in Service Area No. 2FRANCHISE AGREEMENT
BETWEEN
THE CITY OF FRESNO
AND
MID-VALLEY DISPOSAL
FOR
MULTI-FAMILY AND COMMERCIAL SOLID WASTE,
RECYCLABLE MATERIALS,AND
ORGANIC MATERIALS SERVICES
IN SERVICE AREA NO.2
September 8, 2011
Table of Contents
RECITALS 1
ARTICLE 1.DEFINITIONS 2
ARTICLE 2.REPRESENTATIONS AND WARRANTIES OF THE CONTRACTOR..11
2.1 CORPORATE STATUS 11
2.2 CORPORATE AUTHORIZATION 12
2.3 AGREEMENT WILL NOT CAUSE BREACH 12
2.4 NO LITIGATION 12
2 .5 NO ADVERSE JUDICIAL DECISIONS 12
2.6 NO LEGAL PROHIBITION 12
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 13
3.1 EFFECTIVE DATE AND COMMENCEMENT DATE 13
3.2 CONDITIONS TO EFFECTIVENESS OF AGREEMENT 14
3.3 TERM 14
3.4 OPTION TO EXTEND TERM 14
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 .2]
4.6.1 General 21
4.6.2 Duration of City's Possession 22
4.7 TRANSITION TO NEXT CONTRACTOR AT END OF AGREEMENT 22
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
5.3.2 Multi-Family Premises 25
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
11
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-DISCRlMINATION 48
8.8 COMMUNICATION AND COOPERATION WITH CITY .48
ARTICLE 9. RECORD KEEPING AND REPORTING 52
9.1 GENERAL 52
9 .1.1 Maintenance of Records 52
9.1.2 Retention of Records 52
9.1.3 Inspection of Records 53
9.1.4 Record Security 53
9.2 RECORDS 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
9.6.2 Contractor Officers and Board Members 58
9 .6.3 Related-Party Entities 58
I V
9.6.4 Operational Information 59
9.6.5 Financial Information 59
9.7 EVENT-SPECIFIC REPORTING 60
ARTICLE 10.FRANCHISE FEES AND OTHER FEES 60
10.1 FRANCHISE FEE 60
10.2 OTHER FEES AND PAyMENTS 61
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 74
ARTICLE 12.INDEMNITY,INSURANCE,AND PERFORMANCE BOND 74
12.1 GENERAL INDEMNIFICATION 74
12.2 ARTICLE XIII INDEMNIFICATION 75
12.3 INDEMNIFICATION RELATED TO PERSONNEL 75
12.4 INSURANCE 76
12.4.1 Minimum Scope ofInsurance 76
12.4.2 Minimum Limits ofInsurance 76
12.4.3 Deductibles and Self-Insured Retentions 77
12.4.4 Other Insurance Provisions 77
v
12.4.5 Acceptability of Insurers 78
12.4.6 Verification of Coverage 78
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 82
13.4 CITY'S REMEDIES CUMULATIVE;SPECIFIC PERFORMANCE 82
13.5 LIQUIDATED DAMAGES 82
13.6 AB 939 AND AB 32-RELATED DAMAGES 85
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 87
14.3 GOVERNING LAW 87
14.4 JURISDICTION 87
14.5 BINDING ON SUCCESSORS 87
14.6 ASSIGNMENT 87
14.7 PARTIES IN INTEREST 89
14.8 WAIVER 89
14.9 NOTICE PROCEDURES 89
VI
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 92
14.11.5 City's Remedy 92
14.12 PUBLIC HEARING ON CONTRACTOR'S PERFORMANCE 92
ARTICLE 15.MISCELLANEOUS AGREEMENTS ............................•.............................•92
15.1 ENTIRE AGREEMENT 92
15.2 SECTION HEADINGS 93
15.3 REFERENCES TO LAWS 93
15.4 INTERPRETATION 93
15.5 AMENDMENT 93
15.6 SEVERABILITY 93
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 Intentionally Deleted
M Form of Contractor 's Faithful Performance Bond
N City-Owned Equipment to be Acquired by Contractor
o Intentionally Deleted
P Cost-Based Rate Adjustment Methodology
Vlll
FRANCHISE AGREEMENT
BETWEEN
THE CITY OF FRESNO
AND
MID-V ALLEY DISPOSAL
FOR MULTI-FAMILY AND COMMERCIAL SOLID WASTE,
RECYCLABLE MATERIALS,AND ORGANIC MATERIALS SERVICES
IN SERVICE AREA NO.2
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 Mid-Valley Disposal,a
California corporation ("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 Cit y as a charter city by Article XI ,Section 5(a)
of the California Constitution and Article XIII of the Fresno Cit y 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 Comm ercial 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.
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
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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 Mid-Valley Disposal for Multi-
Family and Commercial Solid Waste, Recyclable Materials, and Organic Materials Services in
Service Area No.2,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 Mid Valley Disposal Transfer
Station located at 15300 W. Jensen Avenue, Kerman, 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 Mid Valley Disposal Material
Recovery Facility located at 15300 W. Jensen Avenue, Kerman, 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 (l)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.
...
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"CERCLA"means the Comprehensive Environmental Response,Compensation and Liability
Act of 1980,42 USC §960l 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.2.
"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.
"Commingled"means a mix of Recyclable Materials.
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"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
s eparated 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 Mid-Valley Disposal, a corporation organized and operating under the
laws of the State 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).
"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.
"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 J. The Disposal Component shall be adjusted in
accordance with Section 11.3.C for Rate Periods using the index-based adjustment to Rates. The
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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.2 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.
"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 ~seq.,25281, and 25316; (vi) the Clean Air Act, 42 USC §7401
7
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 §2511O.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.
"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.
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"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.
"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);
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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 fonn 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.
"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 (l0)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.2"refers to the incorporated area of the City south of the centerline of
Ashlan Avenue, not including the area north of the centerline of Dakota Avenue from the
centerline of Santa Fe Avenue to the centerline of 151 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.
"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.
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"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 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.
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 corporation duly organized ,validly existing and in good standing under the laws
of the State.It is qualified to transact business in the State and has the power to own its
properties and to carryon its business as now owned and operated and as required by this
Agreement.
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2.2 CORPORATE AUTHORIZATION
Contractor has the authority to enter this Agreement and perform its obligations under this
Agreement. The Board of Directors of Contractor (or the shareholders,if necessary) has taken
all actions required by law, its articles of incorporation,its bylaws, 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
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.
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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 .2.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 Collected in Service Area No .2.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.
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 activitie s 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.
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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.
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.
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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.2,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.2
that use Contractor-provided Carts or Bins for Collection.
B.Collecting all Solid Waste generated by Commercial Premises in Service Area No.2 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.2 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.2 by Contractor.
F.Transporting,Processing,and marketing all Organic Materials Collected in Service Area
No.2 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.
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.
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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 "C"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.2.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;
E.Materials Hauled by Owner or Occupant,or its Contractor.Solid Waste,Recyclable
Materials,Organic Materials,C&D, and Specialty Recyclable 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,Recyclable 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;
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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.2 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 specificall y set forth herein ,Contractor agrees that the scope
of the Agreement will be limited to those services and materials which may be lawfully provided
and that the City shall not be responsible for any lost profits or losses claimed by Contractor to
arise out of limitations of the scope of the Agreement set forth herein. In such an event, it shall
be the responsibility of Contractor to minimize the financial impact of such future judicial
interpretations or new laws .
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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 of the 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.2.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;
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;
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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 Approved 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
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.
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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 ,
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
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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
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.
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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
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
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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
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 (l0)to forty
(40)cubic yards (or similar sizes).
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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 Cit y Contract Manager of such
refusal for reporting purposes.
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,
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the Contractor shall not receive additional compensation for such service if the Recyclable
Materials are placed by Generator in the existing Recyclable 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 provide 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.
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
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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 (1)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 (1)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 7.2.8.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 .
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
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the City. City reserves the right to increase the service levels provided to City facilities and to
add City facilities in Service Area No.2 ,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 ,Rec yclable 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.2.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 (l0)Business Days of the end of each
event.
Contractor shall provide this service at no additional charge for any and all Cit y-sponsored or
o perated events within Service Area No.2.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. 2 upon direction from the City Contract Manager.Contractor shall dispatch a truck to
Collect abandoned materials at locations in Service Area No.2 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
materials within twenty-four (24) hours of the City Contract Manager 's verbal notice to Collect
abandoned waste.
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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.2 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
Materials Processing Site(s). In the event that Contractor elects to use a new Processing
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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.2.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.2.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
material from the Processing activities that is not marketed for use shall be accounted for
as Disposal Tonnage at a permitted Disposal Site.
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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 cannot 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 di version 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 ,onl y th en 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 Material s it
Collects in Service Area No.2 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 Appro ved 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.2.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.2.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
3]
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 ofthe change.
6.3 SOLID WASTE DISPOSAL
Contractor shall Transport to and Dispose of all Solid Waste Collected in Service Area No.2 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
32
Location or allow the Contractor to select a Disposal Site other than that specified on the
Effective Date or during the Term. 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 and the new site the
incremental change in mileage between the Designated Disposal Location shall be measured
from Service Area No.2's geographic centroid at Belmont Avenue and 1st Street.
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.
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Should any account become more than 90 days past due,Contractor shall provide notice
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 of the 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-
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content paper and shall fit in standard envelopes.Contractor also agrees to insert with the
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 or
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.2.
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
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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
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.2.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
37
standard and additional Customer service standards provided in Exhibit H in accordance with
Section 13.5.
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 Noise
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
40
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.2 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)Business 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,
41
vehicles,and/or control technologies that meet or exceed the 2011 or later model year vehicle
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.LA.
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.2 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)Business 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
43
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.
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 (l)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 (l st) 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 nine (39)
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City Commercial solid waste positions allocated to Service Area No.2.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 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.The provisions of this paragraph "C"shall not apply to any field representative
and Contractor responsible officer that owns at least five percent (5%)of Contractor.
D.Provision of Field Supervision.Contractor shall designate at least two (2)qualified full
time equivalent employees as supervisor of field operations and such Person shall devote
at least 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.
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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
No.2 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.
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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
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 knowingl y 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
immediatel y 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 Di sposal 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 pa y for costs of such Disposal.The Contractor
shall make a good faith effort to reco ver the cost of Disposal from the Generator,and the
cost of this 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
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records shall include: waste manifests,waste inventories,waste characterization records,
inspection records,incident reports, and training records.
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.I.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:
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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
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
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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
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 1 to 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.
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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.
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.l.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.l 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 th e 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 ma y
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
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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,
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 readil y 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
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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.
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;
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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
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
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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.
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. El 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
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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.
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.2 and from other parties, provide a description of how the
quantities of Organic Materials are tracked and allocated to Service Area No.2.
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 QUARTERL Y 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)
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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 9A.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.
B.Recyclable Materials Services
1.Quarterly summary of monthly report required in Section 9 A.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 A.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 9A.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
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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
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.
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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
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 staft)
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 7.2.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
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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
Recyclable Materials Collected and any suggestions Contractor proposes for the next
event. The report shall be submitted no later than ten (10)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.2 .
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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.2 .
The City shall use the fee to offset expenses related to contract management,compliance ,
monitoring, a nd 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 eight dollars ($8) for each ton of Recyclable
Materials Collected by Contractor in Service Area No. 2 and delivered to the Approved
Recyclable Materials Processing Site during the preceding quarter.
C.Signing Fcc. 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 ea ch 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 y ield 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
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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
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 J. 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
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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
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:(1) 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
1
2
3
4
5
6
7
8
9
10
11 *
12*
13*
14*
15*
Commencement
Date of Rate
Period
December 1, 2011
January 1,2013
January 1,2014
January 1,2015
January 1,2016
January 1,2017
January 1,2018
January 1,2019
January 1,2020
January 1,2021
January 1,2022
January], 2023
January 1,2024
January 1, 2025
January 1,2026
Adjustment Method Used to
Determine Rates for the Rate
Period
Not Applicable
Index-Based
Cost-Based
Index-Based
Index-Based
Index-Based
Index-Based
Cost-Based
Index -Based
Index-Based
Index-Based
Index-Based
Cost-Based
Index-Based
Index-Based
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Rate Adjustment
Application
Submittal Date
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
Rate
Period
Commencement Adjustment Method Used to
Date of Rate Determine Rates for the Rate
Period Period
Rate Adjustment
Application
Submittal Date
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.
]1.3 INDEX-BASED ADJUSTMENT OF RATES
October 1, 2026
October 1,2027
July 1,2028
October 1, 2029
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 12 months prior (third quarter 2010)=158.6
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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
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,
1.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 (10th)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:
1. 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%
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OCF
Fuel Factor =«1.45-1.15)/1.15)= 0.2609 = 26.1%
OCF (as calculated in Step 4 below) = (28.4% x 2.5%)+(13.3% x 26.1%)+
(58.3% x 1.4%) = 0.0500 = 5.0%
Step 3.Calculate the Other Factor of the OCF by calculating the l2-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
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:
(28.4% x Labor-Related Factor calculated in Step 1 above)+
(13.3% x Fuel Factor calculated in Step 2 above)+
(58.3% x Other Factor calculated in Step 3 above)
For example, assuming:
1. Proposed labor-related costs are 28.4%of proposed total annual
operating costs.
2. Proposed fuel costs are 13.3%of proposed total annual operating costs.
3. Proposed other costs are 58.3%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 =(28.4% x 3.1%)+(13.3% x 17.4%)+(58.3% x 1.4%) = 0.0401 = 4.0%
The OCF shall be rounded to the nearest tenth (10th) percent.
66
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)
If OCF calculated in Step 5 is greater than two and one half percent (2.50%)in
Rate Periods 2 and 4 or five percent (5.00%)in any other Rate Period:
Rate Periods 2
and 4
Rate Periods 5
and Later
Adjusted
Operating
Component
Adjusted
Operating
Component
Then-current Operating Component x (l +0.025)
Then-current Operating Component x (1 +0.05)
For example,assuming:
I .Then-current Operating Component =$50.00
2 .Operating Cost Factor =4.0%(as calculated in Step 5 above)
Adjusted Operating Component =$50.00 x (1 +0 .040)=$52.00
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.
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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 may 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 Disposal Component shall consider that period.Alternatively,the City
reserves the right to adjust Maximum Permissible Rates at any time during the year in
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 (l +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
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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:
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 =$52.00 (as calculated in Step 5 of Section
11.3 .B)
3.Adjusted Disposal Component =$20.83 (as calculated in Section 11.3.C)
4.Adjusted Processing Component =$0.00 (as calculated in Section 11.3.D.l)
Adjusted Fee Component =(($52.00 +$20.83 +$0.00)/ (1 -0.146))-
($52.00 +$20.83 +$0.00)=$12.45
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:
I .The Rate being adjusted is a Solid Waste Collection Rate
2.Adjusted Operating Component =$52 .00 (as calculated in Step 5 of Section
11.3 .B)
3.Adjusted Disposal Component =$20.83 (as calculated in Section 11.3.C)
4.Adjusted Processing Component =$0.00 (as calculated in Section 11.3.D.l)
5.Adjusted Fee Component =$12.45 (as calculated in Section 11.3.E)
Adjusted Collection Rate =$52.00 +$20.83 +$0.00 +$12.45 =$85.28
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 11.3.B.
For example:
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1.Then-Current Special Charge Amount =$50.00
2.Operating Cost Factor =4.0% (as calculated in Step 5 of Section 11.3.B)
Adjusted Special Charge Amount =$50.00 x (l +0.040)= $52.00
The adjustment shall be rounded to the nearest cent.
H.Change in the ECI,PPI,or CPI-U.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-
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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 pro vided
by the Contractor in its application ,the Contractor shall provide all information
requested by the City Contract Manager during its review of the application ,
including ,but not limited to, all information from related parties requested by the
City Contract Manager regarding any 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 effecti ve 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 ha ve a
material effect on the Contractor 's cost of service:
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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.
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,ifnot 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
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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
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.\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.
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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
special,consequential,natural resources and punitive 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.
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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 of the
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.
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.
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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.
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.
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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 :
1. The City 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
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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
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
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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 ."
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.
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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 Liabilit y 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
must purchase "extended reporting "coverage for a minimum of 5 years following the
expiration or termination of the Agreement.
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
eight hundred fifty two thousand two hundred eighty seven dollars ($2,852,287).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
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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 (10)calendar days after such notice ,and it continues such performance
diligently until completed.
B.Any representation ,warranty,or disclosure made to City by Contractor in connection
with or as an inducement to entering into this Agreement or an y 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;
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
U pon a default by Contractor,the City may terminate this Agreement within ten (10)Business
Da ys of the default but no later than one hundred eighty (180)calendar da ys after the default.
Such termination shall be effective ten (l0)Business Days following the City Contract
Manager's written notice to Contractor.Contractor may,within ten (l0)Business Days of receipt
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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 tennination 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
pro viding service for the class of service involved,the Contractor shall be entitled to the
rea sonable rental value ,not to exceed two hundred dollars ($200)per day for vehicles ,of such
prop erty (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 8.4.0 ,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
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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
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 (l0)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
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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 II.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:
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 =4.0% (as calculated in Step 5 of Section II.3.B)
Adjusted Liquidated Damage Amount =$150.00 x (1 +0.040)=$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 (10)calendar days of the date the Liquidated Damages are assessed.If they
are not paid within the IO-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
84
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.
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 .
85
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 giving ten (l0)calendar days notice to Contractor
unless Contractor has demonstrated,by the thirtieth (30th)calendar day ,to the satisfaction of the
City that the Contractor will resume services no later than the sixtieth (60
th)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 .
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,
86
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
Thi s Agreement shall be governed by ,and construed and enforced in accordance with, the laws
of the State of California.
14.4 JURISDICTION
An y 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 exclusive 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. Any such
as signment 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 corporate
assets dedicated to service under this Agreement to a third party; (ii) a sale,exchange,or other
transfer of ten percent (l 0%) or more of the local ,regional ,and/or corporate assets, stock ,or
ownership of Contractor to a Person (other than a transfer of shares in Contractor by the owner
of such shares to a revocable trust for the benefit of his family or to another existing (as of the
Effective Date)owner of shares in Contractor)except that no cumulative sale,exchange ,or
tran sfer of shares (other than a transfer of shares to another existing [as of the Effective Date of
thi s A greement]owner of shares in Contractor)may exceed twenty percent (20%)during the
87
Term of the Agreement;(iii) any reorganization ,consolidation,merger,recapitalization,stock
issuance or re-issuance ,voting trust,pooling agreement,escrow arrangement,liquidation or
other transaction to which Contractor or any of its shareholders 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 corporate stock 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 corporate 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
corporate level 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.
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 Cit y 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
88
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,corporate affiliates,or
Related-Party Entities holding franchises for more than two Commercial franchise service areas
in the City.
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
89
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. El Dorado
Fresno, CA 93706
B.If to Contractor:
Joseph Kalpakoff
Mid Valley Disposal
15300 W. Jensen Ave.
Kerman, CA 93630
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.
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:
90
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,
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 (l)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
91
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.
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 .
92
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
Part y,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
remaining 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.
93
IN WITNESS WHEREOF,the Parties have caused the Agreement to be executed on the day and
year first above written.
CONTRACTOR
MID-V ALLEY DISPOSAL,
A California Corporation
~i~
Mark Scott
City Manager
CITY OF FRESNO
A California Municipal Corporation
ity Attorney
ATTEST:
REBECCA E.KUSCH
City Clerk
/rl-/I
94
EXHIBIT A
SECRETARY'S CERTIFICATION
EXHIBIT A
SECRETARY'S CERTIFICATION
The undersigned, being the Secretary of ~--f-L.c...J---'~""--'~-:r--:-~=--]=r--:'-'="----
by the Board of Directors of the Company and that such resolution has not been amended, modified
or rescinded and is in full force and effect as of the date hereof:
RESOLVED, that ---=::J:r-""-..L....=;.<~-:t::::-\--,~~==-jI.'-f+--be,and hereby is, authorized to
all agreements, instruments, documents or
papers, as he/she may deem appropriate or necessary, pertaining to or relating to the Franchise
Agreement between the City of Fresno and Company for Multi-Family and Commercial Solid
Waste, Recyclable Materials, and Organic Materials Services in Service Area No. _ and that any
such action taken to date is hereby ratified and approved.
Dated:/I ~/-/!
J
EXHIBITB
NOTARY'S CERTIFICATION
NOTARY'S CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF Jr-.f:,)rJ0
On II-I -020",__,before me , the undersigned ,a Notary Public in and for the
State of California,personally appeared ,)D S"P 0 6 To'"f'\I<a I f a.l;.o fp·
•.known to me to be the-,-----=---------- - ---------,-----tl c Pr2.:1 j riJ¥..-r of Contractor that executed the within instrument on behalf
of the Contractor therein named, and acknowledged to me that such Contractor executed the
same.
IN WITNESS WHEREOF ,I have hereunto set my hand and affixed my offici al seal in the
County of f(~N.t:)this J day of ()",,#'-'b,r ,s:lP..!!...-.
Notary Public
My Commission Expires:
·••s······.···············11
I!t.1MA L.DAK!fI1NOTARYPUBLIO•OAUPORNIAa.COMMISSION (#1 ~~
..FRESNO COUNTY
My Comm.Exp .May 31.20111
Page 1 of 1 Exhibit B
EXHIBIT C
CONTRACTOR'S PROPOSAL
This page intentionally left blank
Proposal for Mu lti-Family
and Commercial Solid Waste,
Recyclable Materials,and
Organic Materials Services
)
Bid File #9133
Mid Valley Disposal
1530 0 W.Jensen Ave.
Kerman}CA 93630
Joseph Kalpakoff
~~5 5 9 )8 4 3 -2 4 6 7 Ph
(559)842-9436 Fx
JosephK@midvalleydisposal.conl
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MID VALLEY DISPOSAL
v s.«:.::,.~:~.";l .~,,~....•.'i;";::tS t.,'i (': ,
August 20,2010
Jason MacDonald
Procurement Manager
2101 G Street,Building A
Fresno,California 93706
Request for Proposals:Multi-Family and Commercial Solid Waste,Recyclable Materials,and
Ongoing Materials SeNices -Bid File #9133
Mr.MacDonald :
It is with considerable pride that Mid Valley Disposal hereby submits its proposal for the above
referenced collection and processing services.
As per the Board of Directors and By-Laws of Mid Valley Disposal,I certify that I am the contact
person in reference to this submittal,and you may contact me at the mailing address,telephone
number,and/or fax number indicated on this letterhead .
The name of the entity to execute an agreement with the City of Fresno is Mid Valley Disposal.
The requirements of the City's draft Agreement as provided and described in the above referenced
RFP document,its Attachments and all addenda issued by the City have been thoroughly
reviewed .Mid Valley Disposal has also conducted due diligence to confirm material facts upon
which it bases its proposal.
Mid Valley Disposal guarantees the validity of its proposal including proposed rates,compensation,
and pricing,for a period of 180 days from the official date of submittal.A cashier's check in the
amount of $25,000 accompanies this submittal (see envelope).There are separate folders
containing one copy of alternative cost forms and financial statements.
I personally thank you for your consideration of this proposal and look fOlWard to doing business
with the City of Fresno .
Bes t Regards ,
~KaIP ~ff~ws !f
6Mid Valley Disposal
(
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August 12,2010
City of Fresno
Fresno.CA
RE :tetter of Recommendation
To Whom It May Concern:
On behalf of the City of Avenal,lorn pleased 10 provide this letter of Recommendation for Mid VoHey
Disposal.We selec ted Mid Volley as our exclusive solid waste,recycling,and greellwaste controctor in
December 1999.Over the past eleven (11)years,the City's diversion rate has increased beyond the Store
wide overage.Their innovative outreach p rograms,hands on customer service and community involvement
have proven 10 be a successful business approach.
We have relied on Mid Volley Disposol's expertise in assisting the Cily 10meet all Slate required recycling
goals Most recentiy.they Implemented a hIghly successful multi-family/apartment complex recycling
program .The success of Ihe program was due impart 10 outreach slaft that spent time ot eoch complex
educating residents on 'he imporlonce of recycling.
For over 0 decade,Mid Volley Disposal has porlicipaled and assisted in sponsoring severo)notable
community events such as the Avenal Sand Drags,Independence Day Celebration and our annual Old
Timers Day Homecoming event each year.The Mayor's Citclion Award was presented 10 Mid Valley
Disposal and their owners,Joy and Joseph Kolpokoff,in 2003 and again in 2008 as "Oulstcndinq
Community Partners" for Iheir service commitment and dedication to the City and Community or-lorqe.
The City of Avenal appreciates the fine working relationship we have established with Mid Volley Disposal
over the years.They ore a well-established company with quality management and stoff. as well as,greal
resources ovoiloble to meel solid waste,recycling and greenwosle needs .
Si ncerelv,
or OF AV ENA ,
_/ 2(G-(L _...
Melissa Whilten
Clly Manager
mgw/
.~Il)()()L'1l1 (11L1lI11 ;\\'(.~)ll l L'•PO.130 x -,Sf::.•~.1n )O'lll11 ill t c :\l)3l1 hlJ
165<;11')l)3.+311 •16 S916lJ3 .?IlJ 3 (fax)•\V 1V 1V.c i l ."lJ f ,:a l1 ;l )a q tl i ll .(Ir ~
August 11,2010
Honorable Ashley Swearengin. Mayor
CITY OF FRESNO
2600 FresnoStreet, Room2075
Fresno,CA 93721
Dear Mayor Swearengin:
This letteris written on behalf of Mid Valley Disposal(MVD) asthey seek the opportunityto provide
solid waste services to yourconstituents - residents of theCity of Fresno.MVD isa familyowned
businessthat has worked hard to becomea premier fullyintegratedsolid waste company. In my present
roleas city manager,and inmy formercapacity inthesolid waste/recycl ing industryas Municipal
ServicesDirectorfor Waste Management, Ican attest first-hand to the factthat that MVD hasthe
experience,capacity,and the concern forthe environmentto makethem an idealchoice to serve theCity
of Fresno
MVD is the exclusive solid waste,green waste and recyclingservice provider for residential,multi-
rami ly,commercial and industrialservices in the City of SanJoaquin; services they have providedforthe
pastnineyears. The familybusiness hasflourished in largepart due to their courteous andefficient
employeesand excellent services. Witha well trainedstaffand reliabletrucks and equipmentthey have
expandedtheir services as well as their service areas.
Stayingabreast of new lawsand regulations, as well asthe need for a comprehensive monitoringand
reportingsystem arejust a few of the areas where MVDexcels. Their knowledge and competentstaff
conductswasteaudits for commercialcustomers and they also providenew recyclingprogrameducation.
Some of the advantages ofcontracting with MidValley includebutare not limited to fullaccess toa state
of theart recycling facility,timely responsesto service requests andfriendlycustomer service, fully
trainedand knowledgeablerecycling coordinators, as wellthe ownerswho are readily available.
This sincere recommendation of Mid Valley Disposal is made withoutreservation .Please feel free tocall
or email me ifshould you have any questions regardingtheir services.
Sincerely,
CITY OF SAN JOAQUIN
;}l-~~JZ:;p~~
Cruz \RanH'lJ
City Manager
Cc: BlongXiong, Councilmember District I
Andreas Borgeas,Councilmember District2
Cynthia Sterling,Councilmember District 3
LarryWesterlund, Councilmember District 4
Mike Dages,Councilmember District 5
Lee Brand,Councilmember District6
HenryT. Perea, Councilmernber District7
Cityo C nga
<'.....r,'l '>~~:r •
August 10,2010
City of Fresno Officials,
It's with great pleasure to write a personal letter of recommendation on behalf of Mid
Valley Disposal. In 2004, the City of Coalinga was faced with a tough decision whether to
privatize our solid waste collection or to i nvest significantly to keep up with the changing state
regulations.Once our RFP responses were received,the choice to select Mid Valley as our
contractor was the right pick.
They assisted Coalinga i n procuring all the collection vehicles ,containers,as well as
hiring our existing employees .The transition between service providers was flawless .Their
team of professionals kept the City up to date as the progress continued.They implemented a
new recycl ing program for our residents and our businesses .The pay for service program
encouraged businesses to add recycling while reducing their need for large solid waste bins,
while saving money at the same time.The City of Coalinga's state diversion rate has
significantly increased since Mid Valley Disposal was chosen as our contractor.
The company has demonstrated through the years that the City of Coalinga is not a
number but a customer whom they value .Their efforts and civic leadership as a family owned
business speaks loudly in our community.I would personally recommend Mid Valley Disposal
for any solid waste venture they purse .Please contact my office at 935-1533 with any further
quest ions.
Ron Lander
City of Coalinga -Mayor
)
August 13,2010
Mayor Swearengin and City Council
2600 Fresno Street, Room 2075
Fresno, CA 93721
RE:Mid Valley Disposal
C it erman
"Community Comes F irst"
RON MANFREDI.CITY MANAGER
850 S.Madera Ave .
Kerman ,CA 93630-1741
rmanfredi@cityofkerman .org
Te lephone :559-846-9387
FAX :559~846 -6199
1 am writing this letter of recommendation for Mid Valley Disposal (MVD) on behalf of the City of
Kerman.The City of Kerman issued an RFP in early 2008 for a solid waste service provider.The City
had been with its past provider for over 20 years.While we were satisfied with the services of our past
provider;we were exploring more competitive pricing and a comprehensive,commercial recycling
program.
It was apparent during the RFP process that Mid Valley Disposal was a professional and well rounded
solid waste company.Their team of expert personnel exceeded our requirements for customer service,
recycling programs,and a decreased price for services to our community.MVD now provides the City
with complete services (garbage,green waste,recycling)to residential and garbage/recycling to
commercial customers.
Kerman was in need of a commercial recycling program;however in these economic times it was
uncertain whether a program would hinder businesses in our community.Once their team of recycling
coordinators provided on site waste audits,the business community jumped on board.The programs
encouraged larger bins for recyclables while offering lower prices on smaller garbage,waste bins.This
program has proven its success by the 95%participation we have.Their continued efforts in providing
outreach and community awareness has pushed the City of Kerman over State a mandates which was
one of our initial goals.
The owners,Joseph and Jay Kalpakoff,have many years of solid waste experience.Their and their
staffs'involvement in local events and support in our community is complimentary to their service.
Our community has benefited in many regards with Mid Valley Disposal as our service provider.
Sincerely,
-'¥.II."<-
Ron ManfredI '-
ity Manager
cc:City Council
Visit us at www.cityofkerman .net
2-,-";1')w O ;Il);1Il0 ,\\e
C,'~,JiUt;;J.{..,\(/,21H
1 ~5 (1j :;~·1 ·2-l 77
17,\\15 5<))Xl\";·21 h :
August 11, 2010
Fresno Mayor and City Council,
Harris Farms, Inc. is proud to be one of the nation's largest,vertically integrated family owned
agribusinesses .We are constantly looking at how to improve our products and at the same
time contain costs.I was thus interested in the City's move to look at privatizing all or parts of
your waste management.I am not aware of your total cost structure,but intuitively feel you
may well be on the right track.
Mid Valley Disposal has been providing quality solid waste management at our various
companies since 1999 .Their dedication to providing environmentally friendly services has
proven effective at our facilities .They recently conducted a waste audit at our restaurant and
inn .They soon implemented a kitchen,bar, and restaurant recycling program which assisted us
in reducing waste to our landfills while save us money .They are been responsive to a variety
of our needs spread over much of the county and we value them as a good member of the
community.
It is the leadersh ip at Mid Valley Disposal who have the experience and integrity which makes
them a successful family business .I am pleased to recommend Mid Valley for strong
consideration asyou look at this key cost area .
Best Regards,
Tab le of Cont ents
SECTION TITLE TAB/PAGE
ES Executive Summary Following
1.0 Company Description 1
Overview Qualifications
1.1 t:!Business Structure 1-2
1.2 G!Proposer Experience 1-3
1.3 G.l Service Imp lementation Experience 1-41
1.4 til Past Performance RecordJLegal 1-54
1.5 Cil Financial Information 1-55
1.5 .1 Financial Statements Under separate
cover
1.5.2 Financinq Plan 1-56
1.6 9 Key Personnel 1·58
1.7 tl Labor Ag reement (s)1-67
2.0 Technical Proposal-Base 2
Overv iew Techn icalProposa l
2.1 til Solid Waste Collect ion 2-8
2.2 r:J Recyclable Materials Collection 2-14
2.3 ~Orqanic Materials Collection 2-23
2.3.1 Co llection 2-23
2.3 .2 Process ing 2-29
2.3 .3 Market ing 2-31
2.4 r:r Implementation Plan 2-33
2.5 tl Billing 2-35
2.6 t:l Custome r Service Plan 2-38
2.7 tl Env ironmental Considerations 2-41
2.8 £:1 Public Education and Outreach PlanlTechnical Assistance 2-47
....~.
3.0 Proposed Service Enhancements/Innovations 3
Enhancements
4.0 Rate and Cos t Proposa l 4
Cost Prooo sal
~
5.0 Exceptions to Agreement 5
Red-Uned Contract
6.0 Secretary 's Certificate 6
Forms
7.0 Anti-Collusion Affidavit 6
Forms
8.0 Certificat ion for Local Preference 6
Forms
9.0 Lette r of Commitmen t for a Performance Bond 6
Forms
10.0 Proposal Signature Page 6
Fo rms
11 .0 Addenda Signature Pag es 6
Forms
Proposal to H'p;City 01 Ft&sno
MFD and Comme rcial Solid Wast e,Recyclable Ma terials,andOrganics Materials Services
Conter\ts ·1
Table of Contents
SECTION nne TAB/PAGE
Exhibits 2.1 Solid Waste Facility Info rm ation 7-Exhibits
2.2 Driver Hand book
2.3 8illinQ Exam ples and Reports
2.4 Sample Outreach Materials and Reports
2.5 Customer service Resource Manual Sepa rate Binder
Proposa l to the City of Fresno
MFD andCommercial Solid Waste.Re cyclable Materials ,and Orga nics Materials Services
Contents - 2
I'o(.D V ..... ..K.",0 ••"0.""-~.
ES
Executive Summary
Mid Valley Disposal (MVD)isa privately held local recycling and solid waste management company that
has been in business in Fresno County since 1997.Closely held,MVD partners play active roles in the
management and execution of daily operations.These individuals embody generations of collection and
processing experience;they have also acquired several contracts through the competitive bidding process.
MVD's resultant successful start-ups have enabled to develop and refine an experienced,competent
implementation team that will employ its hard-earned knowledge to launch and manage friendly,high-
diversion collection programs for Fresno customers.
Unrivaled Experience
MVD owner-managers are entrepreneurial,inventive,and play active roles in shaping the solid waste and
recycling industry,staying current on trends and markets.MVD operates in ten local jurisdictions,for which
the Company has provided the City,in Section 1,collection details including accounts,tonnages,and
collection systems by line of business.MVD has provided four extremely relevant Experience Examples
which provide additional insight into MVD's capabilities.
This experience yields the following for the City of Fresno:
l:l The stability and know-how gleaned through managing successful long-term municipal relations in all
jurisdictions serviced.
Section 1-Qualifications
r:l Localized,expedient decision-making.
Section 1 -Qualifications
i:3 The ability to assertively source,process,and market recyclable commodities materials through direct
interaction with material buyers,allOWing MVD to make an attractive offer for the processing of
commercial recyclables.
Section 2.2 -Recyclable Materials Collection
Proposal to the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organic Materials Services
Section ES •1
Value
MVD's Proposal represents a tremendous value for the City and commercial rate payers of Fresno.For the
rates proposed,the Company is including these following features at no additional cost:
til Commercial Recycling Technical Assistance
This will be supplied through MVD's own professional public education staff.MVD will perform initial
and ongoing recycling opportunity assessments and on-site customer training,all geared toward
assertively reaching the City's goal of 75 percent diversion.
See Additional Information.page 2-54.
flj.The ability to manage the commercial compostable/organic materials through three options based on
the City's preference.
r:1 The creation and management ofa redistribution network to facilitate the reuse of reusable materials
and items.This program will allow the City to track and account additional diversion.
Preparedness
MVD will take a very structured,thorough,and orderly approach to implementing services in Fresno.The
Company has found that extensive employee training is key to a smooth transition,and MVD wlll take great
care in educating drivers,customer service representatives,and managers about the new program.In
meeting its own standards for implementation,the Master Implementation Schedule (see Section 3.3 -
Transition Plan)for this project places a lot of weight on the training of all employees.
Summary
MVD believes the combination of its experience,the unique features presented in this proposal,as well as
its highly competitive Cost Proposal present an excellent option for the City of Fresno's thoughtful
consideration.MVD looks forward to the post proposal process and potential partnership with the City of
Fresno to produce an excellent outcome for Fresno businesses and multi-family dwellings,while
significantly and steadily increasing diversion.
Proposal to the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organic Materials Services
Section ES •2
One
Company Description
1.0
Company Description I Overview
Mid Valley Disposal (MVD)is an independently owned and operated local business with generations of
experience in providing residential,commercial,and industrial recyclable materials,organic materials,and
solid waste collection and processing services.
Reviewers will note MVD's relevant experience,as relayed throughout this section.in the privatization of
solid waste collection contracts,acquisition of collection contracts through both the competitive bid and
procurement processes,implementation of recycling programs for all generators types,as well as the
delivery of commercial/multi·family recycling technical assistance.
At four Public Education Specialists to 8,000 accounts,MVD has a high ratio of public education/outreach
staff to customers.This is no doubt why MVD has achieved diversion success in the communities it serves.
The Jurisdiction Profiles included in Section 1.2 documents the programs and diversion rates in each
jUrisdiction MVD serves.
The Company's successes are continually solidified and built upon through dedication to educating
customers about MVD recycling programs.Company owners pride themselves in finding markets for
atypical materials and materials more common to the local area than perhaps in coastal jurisdictions.such
as agricultural commodities (see Section 2).MVD sees its connection to the local community and local
businesses as foundational toitsown sustainability.
Proposal to the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section 1 •1
1.1
Company Description I Business Structure
Mid Valley Disposal,Inc.(MVD)isa California &-Corporation formed in 1997,is authorized to do business
and does do business inCalifornia,and is the legal entity that will execute the Agreement.
MVD is comprised of three principals who are also managers:Jay Kalpakoff,Roy Mendrin,and Joseph
Kalpakoff.MVD owners are identified below by name,interest.and board/officer positions held.
-'B oard P;sltion -=:J
President----I ------------
Vice P.!:...eside nt -O per:9tions I
____I_Vice Pres ident -Seget0.!'i-
___N/A ____--!
__Secretory
I O;;~N ~me - ---Ownership Interest
I Jay K ~lpakoff ___J 71 %
~o y Mendrln _1 9%
..l0se.Ph Ka!pakoff --I 15%_
Jonathan KalRakoff 5%
!Natalie Kalpakoff 1
Together,these individuals possess over 60 years of resource recovery and solid waste management
experience.The Company now has five local collection contracts and is permitted to provide collection
services in rural Fresno County areas.MVD prides itself in being locally owned and operated.
No creditor is owed a debt greater than ten percent ofthe Company's total assets.
Proposal to the City of fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section 1·2
1.2
Company Description I Proposer Experience
The objective of Section 1.3 is to document MVO's experience in providing solid waste collection and
management services similar to those the City of Fresno has requested in its RFP.This information is
relayed through a series of charts located at the end of this subsection that document MVO's current
collection contract statistics.Collection contracts and permits are listed below,as is contact information for
each.
Cityof Avenal
Sjnce 2000
Current Recycling Rate :61%
Cityof Coalinga
Since 2004
Current Recycling Rate :55%
Cityof Huron
Since 2001
Current Recycling Rate :53%
Cityof San Joaquin
Since 2001
Current Recycling Rate :52%
Cityof Mendota
Since 2003
Current Recycling Rate :32%
Cityof Kerman
Since 2008
Current Recycling Rate :51%
Cityof Firebaugh
Since 2009
Current Recycling Rate:54%
City Manager -Melissa Whitten avenalcm@cityofavenal.com
Phone(559)386-5766
City Manager -Bill Skinner bsk inner@coalinga .com
Phone (559)935-1533
City Manager -Jerry Forde gforde415@yahoo .com
Phone (559)945-2241
City Manager -Cruz Ramos cruz ram os@kermante l.net
Phone (559)693-4311
City Manager -Krystal Chojnacki kchojnacki@cLmendota.ca.us
Phone (SS9 )266-6456
City Manager -Ron Manfredi RManfredi@cityofkerman .org
Phone (559)846-9387
City Manager -Jose Antonio Ramirez cilym anager@cL firebaugh.ca.us
Phone (559)659-2043
MVD operates by permit in the following rural areas :
Armona Community Service District
Since 2008
Fresno County Unincorporated
Since 2006
Kettleman Community Service District
Since 2006
MVD's current service area is shown on the map ,following .
Propos al t o the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section 1 ·3
"'.0 V,.~..a:T 0 .•1iI'O.......
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[R]VQI;le.~
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[7.:J setm3
[IJ~m ..r.l1l"lXIlI.'
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0!JGr.mP
W PI'Jn:lEftIg
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County of Fresno
AS939 Compllance Order:
Program to Divert Residential and
Commercial Solid Wast e
u ~5
MFO and Commercial Solid Waste,Recyclable Materials,and organics Mater ials Services
Section 1 ·4
-'
MtO V ...1..t......0 0 .......
y',h ~'"''";.•...
It is also important to note that each of the above contracts was obtained through dedication,vision,and
hard work.In 2000 MVD strategized a five-,ten,and 15-year growth plan in which the Company achieved in
just five years.Its goal:to establish long term contracts with each of the five cities in Western Fresno County
and to secure a permit to operate in the rural areas.With that objective met,MVD developed a state-of-the-
art material recovery facility and transfer station in Kerman .
MVD has made a thorough review of the RFP to ensure it meets the City of Fresno's stated qualifications
and that the Company can assist the City in meeting its zero waste objectives.MVD believes that itis well-
equipped to take on the scope of work conveyed in the RFP,and that the creative ideas outlined in this
proposal will enable the City to reach its diversion goals as well.
The following isa list of services MVD currently provides to its customers:
til Residential recycling,organics collection and processing services.
fi1 Residential solid waste collection services.
t:i Commercial recycling collection and processing services .
J:j Commercial solid waste collection services.
S Bulky item collection and reuse facilitation,recycling,or disposal.
l::l Community clean-up events (high diversion)
ill Public education and outreach
f:l Construction and demolition recycling
Essential to the City of Fresno project,MVD will also supply commercial recycling technical assistance and
training in order to facilitate the City's goal of 75 percent diversion.This is discussed in Section 2.8 -Public
Education and Outreach Plan.MVD appreciates that the City has a mandatory commercial recycling
ordinance in place to help encourage participation.
MVD has quantified its collection and processing experience as shown in the following charts .
Proposal to the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section 1 •5
City of Avenal
Avenal Landfill/
Mid Valley MRF
Avenal Landfill
Avenal Landfill
Mid Valley MRF
Process lng/Transfer/
Disposal SlIe
Avenal landfill
Mid Valley MRF
Mid Valley MRF
(1) Roll-off vehicles.
(1) Front-loader and bins
(1)Automated Side-loader vehicles;96-gallon carts
47/
341 .63 tons
1728/
624.25tons
33/
68.84tons
24 complexes - 725 Shares SFD collection equipment.above.
units/
Tons included in SFD
figure
1728/(1 J Automated Side-loader vehicles;96-gallon carts
806.54tons
COMMERCIAL PROGRAM INFORMATION
1211 (1)Front-loader and bins
1533.30 tons
UnitsServed /E~ulpment Used
____......:;AJ,f",'nnual Tons Collection System
RESIDENTIAL PROGRAM INFORMATION
1728/(1 J Automated Side-loader vehicles ;96-gallon carts
2008.70tons
MSW
Materials Collected
Newspaper;mixed paper;acc;
glass bottles/jars;tin/aluminum
cans ;plastics 1-7;scrap metal.
Newspaper;mixed paper;acc;
glass bottles/jars:tinl aluminum
cans; plastics 1-7;scrap metal.
MSW
Same as above.
Clean yard waste mixed with
food waste.
MSW
Sector /Program
Commercial!
Industrial
Solid Waste
Collection
Front-loader
Commercial/
Industrial
Recycling Collection
and Processing
Commercial!
Industrial
Solid Waste
Collection
Roll-off
Res idential
Single-family
Solid Waste
Collection
Residential
Single-family
Recycling Collection
and Processing
Residential
MUlti-family
Recycling Collection
and Processing
Residential
Organics Collection
Proposal to theCity of Fresno
MFO and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section 1-6
AVENAL
COUECTION ROUTES WORKSHEET
Route Monda Tuesdl'Wednesday ThuMiY Friday Saturda Totals
Details TOI1$waste Offload Tons Waste Offload Tons Wasta Offload TOflI Waste Offload Tons Waste Offload Tons wasta Offload Tons LoadsstreamTimeStreamTimeStrumTImeStreamTimeStreamT1meStrumTIme
Inc lude:Rou te
#.
Truck type
Carrying
Capacitv
C1A 10.81 T 11:3Oam 12.36 T 12:00pm 10.00 T 11:00AM 7.00 y 10:00am 66.13 10
Side-loader 3.36 R 15:00pm 3.84 R 15:30pm 5.45 T 14:00PM 6.00 Y 14:00pm
10 ton 4.80 R 16:00pm 2.51 y 15 :30pm
C1 12.15 T 12:30pm 5.28 T 9:00am 3.57 T 8:30am 4.66 T 8:30am 3.83 T 8:3 0am 29.49 5
Front -loader
10 ton
C1R 3.28 R 9:00am 1.64 R 9:00am 164 R 9:00 am 656 3
Front·loade r
10ton
OCC'/Oav-
Rou te#.
TrucktvDe
BulkylDay .....
Rou te#.
Truck type
Totals Tons Loads Tons Loads Tons Loads Tons Loads Tons Loads Tons Loads Tons Loads
Refuse 22.96 2 5.28 1 15.93 2 20 .11 3 3.83 1 68.11 9
Recyclables 6.64 2 0 0 5.48 2 4.8 1 1.64 1 18.56 6
Green Waste 0 0 0 0 0 0 0 0 15.51 3 15.51 3
Manure 0 0 0 0 0 0 0 0 0 0 0 0
1 occ :On·Call Collection
Proposal to theCityof Fresno
MFD and Commercial So lid Waste ,Rec yclable Materi als,and Organics Mater ials Services
Section 1·7
Collection Schedule for Avenal
Route"Truck Truck Type Mondav Tuesday Wednesday Thursday Friday Saturday Total Waste
No.Hours Loads Hours Loads Hours Loads Hours Loads Hours Loads Hours Loads Hours Stream 2
C1A 225 SIDE-LOADER 9 3 9.5 3 12 4 9.5 3 40 T-R-Y
C1 123 FRONT·LOADER 7.5 1 4 1 3.5 1 3.5 1 3.5 1 22 T
C1R 125 FRONT·LOADER 4 1 4 1 4 1 12 R
3 3 Totals-.20.5 5 4 1 17 5 15.5 5 17 5 74
Total Total
Ro utes Trucks
2 T =Trash/Refuse ;R =Recycfables ;G =Green Waste ;M =Manure ;OCC =On-Ca ll;B =Bulky Item
Proposal totheCityof Fresno
MFD and Commercia l Solid Waste .Recyclable Materials,and Organ ics Mater ials Services
Section 1 ·8
City of Coalinga
Units Served /Equipment sed !
Annual Tons Collection System
RESIDENTIAL PROGRAM INFORMATION
3400/(1)Automated Side-loader vehicles -96-gallon
2631 .86 tons carts
38 complexes -850 Shares SFD collection equipment.above.
units/
Tons included in SFD
figure
3400/(2)Automated Side-loader vehicles
1731.83 tons
COMMERCIAL PROGRAM INFORMATION
294/(1)Front-loader and b ins
3118.21 tons
Sector/Program
Residential
Sing le-family
Solid Waste
Colledion
Residential
Single-family
Recycling Collection
and Processing
Res idential
Mu lti-family
Recycling Collection
and Processing
Residential
Organics Colledion
Commercial!
Industrial
Solid Waste
Collection
Front-loader
Commercial/
Industrial
Recycling Collection
and Processing
Commercial/
Industrial
Solid Waste
Collection
Roll-off
Materials Colle cted
MSW
Newspaper;mixed paper;acc;
glass bottles/jars;tin/aluminum
cans; p lastics 1-7;scrap metal.
Same as above.
Clean yard waste mixed with
food waste .
MSW
Newspaper;mixed paper;acc;
glass bottles/jars ;tin/aluminum
cans;plastics 1-7;scrap metal.
MSW
3400/
1083.30 tons
124/
403.89 Ions
828/
1341.97tons
(1)Automated Side-loader vehicles;96-gallon carts
(l)Front-loader and bins
(1)Roll-off vehicles.
Processlng jTransfer/
DlsQosal Site
Avenal Landfill
Mid Valley MRF
Avenal Landfill
Mid Valley MRF
Avena l Landfill
Mid Valley MRF
Avenal landfill/
Mid Valley MRF
Proposal tothe City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section 1-9
COALINGA
COLLECTION ROUTES WORKSHEET
Route Monda Tuesda Wednesday Thursdalf Friday SatlJrda1 Totals
Details Tons Waste Offload Tons Waste Offload Tons Waste Offload Tons Wallte Offload Tons Wallte Offload Tons Waste Offload Tons LoadsStreamTimeStreamTimeStreamTimeStreamTimeStreamTimeStreamTime
220 C6AT 10.12 T 12:00pm 10.88 T 12:00pm 8.60 T 11:3Opm 12.45 T 12:3{)pm 8.55 T 11 :3{)pm SO .60 5
Side-loader
10 ton
C6AG 3.01 y 14:30pm 3.04 y 15:00pm 2.66 Y 15:00pm 3.69 y 15:30pm 2.24 Y 14:OOpm 14.64 5
Side -loader
1010n
C6AR 4.16 R 11:30am 4.47 R 12:00pm 3.54 R 11:3Qam 5.12 R 12:30pm 3.52 R 11:00am 20.81 5
Side-loader
10 ton
C6AG 3,65 y 14 :30pm 4.12 Y lS:00pm 3.0 y 1S:00pm 4.50 Y 15:30pm 3.38 y 14:00pm 18.65 5
Side-loader
10 ton
C6 10.55 T 11:OOam 8.74 T 14 :30pm 9.10 T 14 :15PM 7.54 T 13:30pm 10.39 T 14:3{)pm 2.87 T 7:00am 52.69 7
Front -loader 3.50 T 14 :30pm
10 ton
C6R 2.71 R 13 :00pm 2.32 R 13 :0Opm 1.16 R 13:00pm 1.55 R 13:OOpm 7.74 4
Front-loader
10Ion
OCC3/Dav --+
Route #.
Truck type
Bulkv/Dav --+
Route #.
TrucktYP6
Totals Tons Loads Tons Loads Tons Loads Tons Loads Tons Loads Tons Loads Tons Loads
Refuse 24.17 3 19.62 2 17.7 2 19.99 2 18.94 2 2.87 1 103 .29 12
Recyclables 6.87 2 6.79 2 3.54 1 6.28 2 5.07 2 0 0 28.55 9
GreenWaste 6.66 2 7.16 2 5.66 2 8.19 2 5.62 2 0 0 33.29 10
Manure 0 0 0 0 0 0 0 0 0 0 0 0
0 0.
3 OCC :On-Call Collection
Proposal to the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section 1 •10
Collection Schedule for Coalinga
Route #Truck Truck Type Monday Tuesday Wednesday Thursday Friday Saturday Total Waste
No.Hours Loads Hours Loads Hours Loads Hours Loads Hours Loads Hours Loads Hours Stream C
C6A 222 Side-loader 8.5 2 9 2 9 2 9.5 2 8 2 44 T-Y
CGA 220 Side-loader 8.5 2 9 2 9.5 2 10 2 8 2 45 R-Y
C6 115 Front-loader 10 2 10 1 9.75 1 9 1 10 1 6 1 54.75 T
C6R 107 Front-loader 8 1 8 1 8 1 8 1 32 R
4 4 Totals .....35 7 36 6 28.25 5 36.5 6 34 6 175.75
Total Total
Routes Trucks
4 T =Trash/Refuse;R =Recyclables;G =Green Waste;M =Manure ;acc =On-Call ;B =Bu lky Item
Proposa l to t heCity of Fresno
MFD and Commerc ial Solid Waste,Recyclable Materials,and Organics Materials Services
Section 1- 11
Units Served/Equipment Use d/
An ual Tons Collection System
RESIDENTlAL PROGRAM INFORMATION
675/(2)Automated Side-loader vehicles -96-gallon carts
1 103.70 tons
21 complexes -585 Shores SFD collection e quipment.above.
units/
Tons included in SFD
fig ure
675/(2) Auto m ated Side-loaders vehicles
341.27 tons_...'-~"-
C9MMERCIAL PROGRAM ,I.t:lFq~TI9N
\77/(1)Front-tooder and bins
1906.06 tons
City of Huron
Sector/Program
Residential
Single-fam ily
Solid Waste
Collection
Residential
Single~family
Recycling Collection
and Pr()cessfng
Residential
Multi-family
Recycling Collectfon
and Process,lng
Residential
Organics CollecHon
Comm ercial!
Industrial
Solid Waste
Coll ection
Front-loader
Commercial/Industrial
Recycling Collection
and Processing
Comme rcial!
Industrial
Solid Waste
Collection
Roll-off
Materials Collected
MSW
Newspaper,mixed paper;acc;
glass bottles/jars;tin/aluminum
cans; plastics 1-7;scrap metal.
Same as above.
Clean yard waste mixed with
food w aste .
MSW
New spaper:mixed paper;acc;
glossbot1les/jars:tint aluminu m
c on s;p'!qsti.c.s 1~7;~gap metal.
MSW
675/
250.17 tons
53/
185.68 tons
224/
901.7610ns
(2)Automated Side-loader vehicles:96-gallon carts
(1) Front-loader and bins
(1) Roll-offvehicles.
Processlng/Transfer/
DlsQosal Site
Avenal Landfill
Mid Volley MRF
M id Volley MRF
Mid Volley MRF
Avena l Landfill
Mid Volley MRF
Avenal Landfill/
Mid Volley MRF
Proposal tothe Cityof Fresno
MFD and Commercial Solid Waste ,Recyclable Material s,and Organ ics Materials Services
Section1-12
HURON
"'f(I ..,.....-0
COLLECTION ROUTES WORKSHEET
Route Monda Tuesda WednesdaY Thursday Friday Saturda Totals
Details Tons Waste Offload Tons Waste Offload Tons Waste Offload Tons Waste Offload Tons Waste Offload Tons Waste Offload Tons LoadsStreamTimeStreamTimeStreamTimeStreamTimeStreamTimeStreamTime
C2AT 10 .00 T 11 :00am 531 T 8:00am 21.23 3
Side-loader 5.92 T 15 :oopm
10ton
C2AR 3.60 R 11:ooam 1.20 R 11:00am 4.80 2
Side-loader
10ton
C2AG 4.92 Y 15:00pm 1.64 Y 14:00pm 6.56 2
Side-loader
10 ton
C2 10.00 T 10:00am 6.23 T 15:45pm 2.93 T 11 :00am 8.79 T 15:30pm 36.64 5
Front-load er 8.69 T 3:30pm
10Ion
C2R 2.05 R 1:00 pm 1.55 R 13 :00pm 360 2
Front-loader
10 ton
OCC5/Day -.
Route#.
Truck type
BulkvlDav --
Roule#.
Truck type
Totals Tons Loads Tons Loads Tons Loads Tons Loads Tons Loads Tons Loads Tons Loads
Refuse 18.69 2 15.92 2 6.23 1 2.93 1 14.10 2 57.89 8
Recyclables 2.05 1 3.60 1 0 0 1.55 1 1.2 1 8.40 4
Green Waste 0 0 4.92 1 0 0
0 0 1_64 1 6.56 2
Manure 0 0
0 0 0 0 0 0 0 0 0 0
5 occ :On-Call Collection
Proposal t o theCity of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section 1 -13
Collection Schedule for Huron
Route #Truck Truck Type Monday Tuesday Wednesday Thursday Friday Total Waste
No.Hours Loads Hours Loads Hou ...Loads Hou ...Loads Hours Loads Hours Stream 6
C2A 225 Side-loader 9.5 2 8 3 17.5 T-~-Y
C2A 209 Side-loader 9.5 2 9.5 R-Y
C2 132 Front-lo ader 10 2 4 1 2.5 1 6 1 22.5 T
C2R 123 Front-loader 3 1 3 1 6.00 R
13 3 19 4 4 1 5.5 2 14 4 55.50 .
Totals ....
6 T =TrashfRefuse;R =Recyclables;Y =Yard/Green Waste
Proposal to the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials ,and Organ ics Materials Services
Section 1-14..........
M ID V "'L.&.&'I"D ••..-oa"'L,'.
City of San Joaquin
UnitsServed /Equipment Used/
An ual Ions Collection S y's~'e~m~_
REStDENTlAL PROGRAM INFORMATION
620/(I)Automated Side-loader vehicles - 20-,32-, 64-,
792.54tons 96-gallon carts
15 complexes -350 Shares SFD collection equipment.above.
units/
Tons included in SFD
figure
620/(1 )Automated Side-loaders
375.65 tons
COMMERCIAL PROGRAM INFORMATION
104/r1)Front-loader and bins
745.53tons
S ~ctor /Program
Residential
Single-family
Solid Waste
Collection
Residential
Single-family
Recycling Collection
and Processing
Residential
Multi-family
Recycl1ng Collection
and Processing
Residential
Organics Collection
Commercial/
Industrial
Solid Waste
Collection
Frcnt-looder
Commercial/Industrial
Recycling Collection
and Processing
Commercial/Industrial
Solid Waste
Collectlon
Roll-off
Materials Collected
MSW
Newspaper;mixed paper;acc;
glass bottles/jars;tin/aluminum
cans ;plastics 1-7;scrap metal.
Same as above.
Clean yard waste mixed with
food waste.
MSW
Newspaper;mixed paper;acc;
glass bottles/jars ;tin/aluminum
cans ;p lastics 1-7;scrap metal.
MSW
620/
158.74tons
37/
213.05 tons
63/
141 .07 tons
(1 )Automated Side-loader vehicles;96-gallon carts
11)Front-loader and bins
(1) Roll-off vehicles.
Processlng/Transfer/
D I ~Rosal Site
American Ave
Mid Valley MRF
American Ave
Mid Valley MRF
American Ave
Mid Valley MRF
Mid Valley MRF
Proposa l tothe City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section 1 . 15
SAN JOAQUIN
COLLECTION ROUTES WORKSHEET
Mond81 Tuesd81 Wednesday Thursdav Frida"saturday Totals
Route Waste QffIoad Waste Offload Waste Offioad Waste Offload Waste Offload Waste OffloadDetailsTonsStreamTImeTonsStleaTimeTonsStreamTimeTonsStreamTimeTonsStreaTimeTonsStreaTime Tons loads
m m m
104 8.78 T 9:30am 17.60 3
Front-loader 6.90 T 12:15p
10Ion 1.92 R 15:30P
105 8.21 T 9:45am 8.21 1
Front-loader 2.20 R 15:3Oam
10 Ion
204 9.00 T 9:45am 19.16 3
Side-loader 6.89 T 12:15pm
10 Ion 3.27 R 14 :30pm
204G 8.18 G 14:ODpm 8.18 1
Side-loader
10 Ion
OCC 7/Oay _
Roule#.
Trucklyp9
BulkylDay-
Route#.
Truck type
Totals Tons loads Tons Loads Tons Loads Tons loads Tons Loads Tons loads Tons Loads
Refuse 15.89 2 15.68 2 8.21 1 39.78 5
Recyclables 327 1 1.92 1 2.20 1 5.47 3
Green Waste 8.18 1 0 0 0 D 8.18 1
Manure 0 D 0 0 D 0 0
7 OCC:On-Call Collection
Proposal to theCityof Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section1 -16
Collection Schedule for San Joaquin
Route II Truck Truck Type Monday Tuesdav Wednes day Thursday Friday Saturday Total Waste
No .Hours Loads Hou r.loads Hours Loads Hours Loads Hours Loads Hours Loads Hours Stream 8
104 127 Front-loader 8.50 3 8.50 T -R
105 129 Fronl-lo ader 9.75 1 9.75 T-R
204 224 Side-l oader 9.25 3 9.25 T -R
204G 227 Side-loader 3:25 1 3.25 y
Totals ---+
Tota l Tota l 12.50 4 8.50 3 9.75 2 30.75
Routes Trucks
B T =Trash/Refuse ;R =Recyclables ;G =Green Waste ;M =Manure ;OCC =On-Call ;B =BUlky Item
Proposal totheCityof Fresno
MFD and Commerc ial Solid Waste ,Recyclable Materials,and Organ ics Mater ials Serv ices
Secti on1.17
~.o V4L!..L'"0 ••""'0......
Armona Community Service District
Mid Valley MRF
Mid Va lley MRF
Mid Valley MRF
Mid Valley MRF
Mid Volley MRF
(1)Automated Side-loader vehicles;96-gallon carts1098/288.69 tons
lI.nits Seryed /
A nnual To l'!~CQILectK .,,.~_
RESIDENTlAL PROGRAM INfORMATION
1098/(1)Automated Side-loader vehicles; 96-gallon carts
1195.91 tons
7 complexes -125 Shares SFD collection equipment.above.
units/
Tons included in SFD
figure
1098/(I)Automated Side-loaders
595.49 tons
COMMERCIAL PROGRAM INFORMATION
54/521.45 tons (1 J Front-loader and bins
Clean yard waste mixed with
food waste.
MSW
Newspaper;mixed paper;acc;
glassbottles/Jars;tinl aluminum
cans; plastics 1-7;scrap metaL
Same as above.
MSW
Se ~tor/Program
Commerciatl
Industrial
Solid Waste
Conectlon
Front·loader
Residential
Single-family
Solid Waste
Conectlon
Residential
Single-family
Recycling Collection
and Processing
Residential
Multi-family
Recycling Collection
and Processing
Residential
Organics ColJectlon
Propos al to the City of Fresno
MFD and Commercial Solid Waste ,Recyclable Materials ,and Organ ics Materials Services
Sect ion 1·18
ARMONA
....'0 V"LLIf'W'o...~....t".
COLLECTION ROUTES WORKSHEET
Route Monda,Tuesda Wednesday Thursday Friday saturda Totals
Details Tons waste Offload Tons Waste Offload Tons Waste Offload Tons Waste Offload Tons Waste Offload Tons Waste Offload Tons LoadsStreamTimeStreamTimeStreamruneStreamTImeStreamTImeStreamTime
106 9.53 T 15 :30pm .50 T 8:00am 10.03 2
Frcm -loa cer
10ton
A4 8.74 T 11 :00am 9.69 T 11:00am 4.37 T 10:00am 34.44 6
Side-loader 4.35 y 15:00pm 4.92 Y 15:JOpm 2.17 y 14:00pm
10ton
A4R 2,11 R 11:DOam 2.39 R I1:ODam 1.05 R 10:DOam 5.55 3
Side-loader
10ton
OCC'lDav --+
Route#,
Truc k type
Bulky/Day -+
Roule#.
Truc ktype
Totals Tons Loads TOM Loads Tons Loads Tons Loads TOM Loads Tons Loads Tons Loads
Refuse 18.27 2 9.89 1 4.87 2 33.03 5
Recyclables 2.11 1 2.39 1 1.05 1 5,55 3
Green Waste 4.35 1 4.92 1 2.17 1 11.44 3
Manure 0 0 0 0 0 0
0 0
9 OCC:On-Call Collection
Proposal tothe City of Fresno
MFD and Commercial Solid Wa ste ,Recyclable Materials ,and Organics Materials Services
Section 1-19
--- -_.------- - - - - - - - -
Collection Schedule for Armona
Route #Truck Truck Type Mondav Tuesdav WednesdaY Thuisdav Friday Saturday Total Waste
No.Houra Loads HaUnI Loads HounI Loads Hours Loads Hounl Loads Houri Loads HounI Stream10
106 126 FRONT-lOADER 10 1 2 1 12 T
A4 223 SIDE-LOADER 9.5 2 10 2 8.5 2 28 T -Y
A4 219 SIDE-LOADER 4.5 1 5 1 4 1 13.5 R
Totals ......24 4 15 3 14.50 4 53.50
Total Total
Routes Trucks
10 T =Trash /Refuse ;R =Recyclables ;G =Green Waste ;M =Manure;OCC =On-Ca ll;B =Bulky Item
Proposal to the Cityof Fresno
MFD and Commercial Solid Waste ,Recyclable Materials ,and Organ ics Materia ls Serv ices
Section 1 -20
Fresno County Unincorporated
UntlsServed /Equipment Usedl
Annual Ions Collection S'y'stem
RESIDENTIAL PROGRAM INFORMATION-.
1793/(2)Automated Side-loader Split Body vehicles 96-
2627.77tons gallon carts
11)Automated Side-loader vehicles 96-gallon carts
115 complexes -Shares SFD collection equipment.above.
6000 units/
Tons included in SFD
figure
188/(I)Automated Side-loader vehicles
110.20 tons
COMMERCIAL PROGRAM INFORMATION
2444/(5)Front-loader and bins
14775.87 tons
M id Valley MRF
Mid Valley MRF
M id Valley MRF
American Ave
American Ave
Mid Valley MRF(3)Front-loader and bins
(2)Automated Side-loader Split Body vehicles 96-
gallon carts
(1 )Automated Side-loader vehicles 96-gallon carts
1686/
1393.51 tons
1786/
817.28 tons
MSW
Clean yard waste mixed with
food waste.
Same as above.
Newspaper:mixed paper;acc;
glass bottles/jars;tin/aluminum
cans; plastics 1-7; scrap metal.
MSW
Newspaper;mixed paper;acc;
glass bottles/jars;tin/aluminum
cans; plast ics 1-7;scrap metal.
Sector/Program
Residential
Single-family
Solid Waste
Collection
Residential
Single-family
Recycling Collection
and Processing
Residential
Multi-family
Recycling Collection
and Processing
Residential
Organics Collection
Commercial/
Industrial
Solid Waste
Collection
Front-loader
Commercial/
Industria l
Recycling Collection
and Processing
Front-loader
Proposal t o the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section 1.21
FRESNO COUNTY
COLLECTION ROUTES WORKSHEET
Roule Monda\Tuesda Wednesdav Thursda Friday Saturda Totals
Details Tons Waste Offload Tons Waste Offload Tons Waste Offload Tons Waste Offload Tons Waste Offload Tons Waste Offload Tons LoadsStreamTimeStreamTimeStreamTimeStreamTImeStreamTimeStreamTime
201 SplitBody 4.10 T 5.38 T 4.25 T 4.85 T 1.95 T 30.84 5
Side-loader 3.57 R 2.13 R 1.75 R 1.86 R 1.00 R
10 ton 15:30pm 16 :00pm 15 :30pm 16:00 12 :00
202 Split Body 4.65 T 7.45 T 4.75 T 3.75 T 3.25 T 33.81 5
Side-loader 1.69 R 2.82 R 1.75 R 1.95 1.75 R
10 ton 16 :00pm 16 :25pm 16:00pm 16:00 12:30
204 4.75 T 9:00 8.10 3
Side-loader 1.10 R 11:00
10 ton 2.25 y 14:00
207R 3.44 R 14 :00pm 2.25 R 16:00 5.69 2
Side-loade r
10ton
OCCll/Day --t
Route#.
Truck /yoe
Bulky/Day --t
Rou/e#.
Truc k type
Totals Tons Loads Tons Loads Tons Loads Tons Loads Tons Loads Tons Loads Tons Loads
Refuse 8.75 2 12.83 2 9.00 2 8.60 2 9.95 3 49.13 11
Recyclables 5.26 2 8.39 3 3.50 2 1.86 1 6.10 4 25 .1 1 12
Green Waste 0 0 0 0 0 0
0 0 2.25 1 2.25 1
Manure 0 0 0 0 0 0 0 0 0 0
CollectionSchedulefor FresnoCounty
11 OCC:On-Call Collection
Proposal to t he City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Sect ion 1 • 22
Route"Truck Truck Type Monday Tuesdav Wednesday Thursday Friday Saturday Tota)Waste
No.Hours loads Hours loads Hours Loads Hours loads Hours loads Houl'8 Loads Hours Stream 1Z
201 208 Side-loader-Split Body 10.50 1 11.00 1 10.50 1 11.00 1 7.00 1 50 T-R
202 215 Side-loade r-$plit Body 11.00 1 11.00 1 11.00 1 11.00 1 7.00 1 51 T-R
204 224 Side-loader 9.00 3 9 T -R-Y
207R 218 Side-loader 9.00 1 2.25 1 11.25 R
Total Tota l Totals -+
Routes Trucks 21 .50 2 31.00 3 21.50 2 22 2 25 .25 6 121.25
Fresno County
12 T =Trash/Refuse ;R =Recyclab les ;G =Green Waste ;M =Manure;OCC =On-Call;B =BUlky Item
Proposal to theCityof Fresno
MFD and Commerc ial Solid Waste ,Recyclable Materials ,and Organ ics Materials Serv ices
Section 1-23
MtD V4l....lI:.y DI .~"''''.:;..
COUECTION ROUTES WORKSHEET
Route Monda Tuesda Wednesday Thursdav Friday Saturda Totals
Details Tons Waste Offload Tons Waste Offload Tons Waste Offload Tons Waste Offload Tons Waste Offload Tons Waste Offload Tons LoadsStreamTimeStreamTimeStreamTimeStreamTimeStreamTimeStreamTime
101 10:00 T 15:00 10.50 T 11 :00am 11 .65 T 15:30 7.26 T 13:00 11 T 14 :45 65.84 8
Front -loader 9.32 T 6.00 T 15:oopm
1010n
102 9.00 T 10:15am 10.00 T 10:00am 10.00 T 10 :ooam 10.00 T 9.30am 10 .00 T 9:45am 77 .95 10
Frcm-loacer 4.75 T 14 :45am 5:45 T 15 :15pm 5.75 T 15:15pm 6.50 T 16:00pm 6:50 T 15:45am
10Ion
103 8 T 13:00pm 10.00 T 10:00am 9.43 T 15:30 2.75 R 14:15pm 31.48 5
Front-loader 4.00 T 14:30pm
10 ton
104R 2.50 R 16:15 250 1
Front-loader
10 ton
105 582 T 16:00pm 826 T 15 :15pm 10 .21 T 14:30 4.10 R 15 :00pm 28.39 4
Fron t-loader
10ton
107 2.74 T 16:30pm 9.80 T 13:00 1.25 T 15:00 3
Front-loader
10ton
OCC13/Day ->
Route#.
Truck tvpe
Bulky/Day ->
Ro ute#.
Truck type
Totals Tons Loads Tons Loads Tons loads Tons Loads Tons Loads Tons Loads Tons Loads
Refuse 46.89 6 42.95 6 51.61 6 42.99 5 28.75 4 21 3.19 l7
Recyclables 0 0 0 0 0 0 6.60 2 2.75 1 9.35 3
Green Waste 0 0 0 0 0 0 0 0 0 0
0 0
Manure 0 0 0 0 0 0 0 0 0 0 0 0
13 OCC :On-Call Collection
Proposa l tothe City of Fresno
MFD and Commercial Solid Wa ste.Recyclable Materials,and Organics Materials Services
Section 1 •24
Collection Schedule for Fresno County
Route #Truck Truck Type Monday Tuesday Wednesday Thursdav Frldav Saturday Total Waste
No.Hours Loads Hours Loads Hours Loads Hours Loads Hours Loads Hours Loads Hours 5tream u
101 118 FRONTLOAD 10.00 2 10.50 2 10.50 2 8.00 1 10 .25 2 49 .25 T
102 130 FRONTLOAD 9.75 2 10.25 2 10 .25 2 11.00 2 8.25 2 49.50 T
103 126 FRONTLOAD 10 .00 2 10.00 2 10.50 1 10.00 1 40 .50 T -R
104R 127 FRONTLOAD 5.25 1 5.25 R
105 129 FRONTLOAD 5.75 1 10.25 1 9.50 1 10.00 1 35.50 T-R
107 122 FRO NTLOA D 4.00 1 8,00 1 1.25 1 13 .25 T
Total Tota l Totals -->
Routes Tru cks 35.50 7 35.00 6 40 .25 7 52 .75 7 29.75 6 193.25
14 T =Trash/Refuse;R =Recyclables;G =Green Waste;M=Manure;ace =On-Call;B =Bulky Item
Proposal tothe City of Fresno
MFD and Commercial Solid Wasle,Recyclable Materials,and Organics Materials Services
Section1 •25
City of Firebaugh
"'lO v ...t.......Ot.~...."
UnitsServed /Equipment Used/
Annuartons Collect 0 S y.~te r:n
RESIDENTIAL PROGRAM INFORMATION
1250/(1)Automated Side-loader vehicles ,96-gallon carts
1474 .12 tons
25 complexes -450 Shores SFD collection equipment.above.
units/
Tons included in SFD
figure
1250/(1)Automated Side-loaders
684.68 ions
COMMERCIAL PROGRAM INFORMATION
226/(1 J Front-loader and b ins
1879.55 tons
Sector/P rog ra ~
Res idential
Single-family
Solid Waste
Collection
Residential
Single-family
Recycling Collection
and Processing
Residential
Mu lti-family
Recycling Collection
and Processing
Residential
Organics Collection
Commercial/
Indusirial
Solid Waste
Collection
Front-loader
Commercial/
Industrial
Recycling Collection
and Processing
Front-loader
Commercial/Industrial
Solid Waste
Collection
Roll-off
Materials Collected
MSW
Newspaper;mixed paper;acc;
gloss bottles/jars;tin/aluminum
cans; plastics 1-7;scrap metal.
Some as above.
Clean yard wasie mixed with
food waste.
MSW
Newspaper;mixed paper;acc;
glass bottles/jars;tin/aluminum
cons ;p lastics 1-7;scrap metal.
MSW
1250 /
4 18.61 tons
152/
79 .63 tons
263/
1214.90 tons
(1)Automated Side-loader vehicles;96-gallon carts
(1)Front-loader and bins
(1) Roll-off vehicles.
Processlng/Transfer/
Disposal Site
American Ave
Mid Valley MRF
American Ave
Mid Valley MRF
American Ave
Mid Volley MRF
Mid Valley MRF
Proposal to the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials services
Section 1• 26
FIREBAUGH
....10 V.ru.L.C Y Ot .IO'Q~'"...
COllECTION ROUTES WORKSHEET
Route Monda Tuesdax Wednesday Thursdav Fridav Saturda Totals
Details Tons Waste Offload Tons Waste Offload Tons Waste Offload Tons Waite Offload Tons Waste Offload Tons Waste Offload Tons LoadsStreamTimeStreamTimeStreamTimeStreamTimeStreamTimeStreamTime
107 10 .00 T 11:30am 6.40 T 15:30pm 10:00 T 11 :00am 35.40 5
Front-loader 3.50 T 16.30pm 5.50 T 16 :00pm
10Ion
104R .70 R 15:30pm 1.20 R 16:00pm 1.90 2
Front -loader
10Ion
207 7.60 y 9:30am 7.20 y 10:30a m 41.70 6
Side-loader 800 T 13 :00pm 9.00 T 13:30am
10 ton 2.70 T 15:00pm 7.20 T 16:00pm
207R 3.60 R 9.45am 4.60 R 10:00am 8.20 2
Side-loader
10Ion
OCC"IDay ->
Route #.
Truck woe
BulkylDay ->
Route #.
Truck type
Totals Tons Loads Tons loads Tons loads Tons loads Tons Loads Tons Loads Tons Loads
Refuse 2420 ..0 0 22.60 3 0 0 15.50 2 62.30 9
Recyclables 4.30 2 0 0 4.60 1 1.20 1 0 0 10.10 4
Green Waste 7.60 1 0 0 7.20 1 0 0 0 0 14.80 2
Manure 0 0 0 0 0 0 0 0 0 0 0 0
15 OCC :On-Call Collection
Propos alt o tlie City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section 1 -27
Collection Schedule for Firebaugh
Route #Truck Truck Type Mondav 'Tuesdav WednesdaY Thursday Friday Saturday Total Waste
No.Hours Loads Hours Loads Hours loads Hours Loads Hours Loads Hours Loads Hours Stream 16
107 122 Fron t·loader 10 2 9 2 10 2 29.00 T
104R 128 Front·loader 4 1 4.50 1 8.50 R
207 226 Side·loader 10 3 9 3 19.00 T-Y
207R 219 Side·loader 4 1 5 1 9.00 R
Total Tolal Totals -+
Routes Trucks 28 7 23 6 4.50 1 10 2 65.50
16 T =TrashlRefuse ;R =Recyclables;G =Green Waste;M =Manure;acc =On-Call ;B =Bulky Item
Proposal to the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section 1•28
Kettleman Community Service District
Sector!Pr o.gra
Re si dential
Si ngle-family
Solid Waste
Collection
Residential
Single -family
Recycling Collection
and Processing
Residential
Mu lti-family
Recycling Collection
and Processing
Materials Coliectea
MSW
Newspaper;mixed paper;acc;
glass bottles/jars;tin!aluminum
cans ;plastics 1-7;scrap metal.
Some as above.
Units Se rved!Equipment Used!
A nu al Ions ColiectlonSystem
RESIDENTIAL PROGRAM INFORMATION
410/(I)Automated Side-loader vehicles -96-gallon carts
491.46tons
410/(1)Automated Side-loader vehicles;96-gallon carts
83 .26 tons
115 complexes - Shares SFD collection equipment.above.
6000units/
Tons included in SFD
figure
Avenal Landfill
Mid Volley MRF
Mid Volley MRF
COMMERCIAL PROGRAM INFORMATION
50/(2)Front-loader and bins
665.10 tons
Commercial!
Industria l
Solid Waste
Collection
Front-loader
Commercial!
Industria l
Recycling Collection
and Processing
Front-loader
Commercial/Industrial
Solid Waste
Collection
Roll-off
MSW
New spaper;mixed paper;acc;
gloss bottles/jars;tin!a luminum
cons;plast ics 1-7;scrap metal.
MSW
15/
50 .04 tons
81/
330.45 tons
11)Front-loader
(1)Roll-off vehicles.
Avenal Landfill
M id Valley MRF
Avenal Landfill!
Mid Valley MRF
Proposal to the Cityof Fresno
MFO and Commercial Solid Waste,Recyclable Materials,and Organics Materials Serv ices
Sect ion 1•29
KETILEMAN
COLLECTION ROUTES WORKSHEET
Route Monda Tuesda<Wednesday Thursdall Friday saturda Totals
Details Tons Waste Offload Tons Waste Offload Tons Waste Offload Tons Waste Offload Tons Waste Offload Tons Waste omoad Tons LoadsStreamTimeStreamTimeStreamTimeStreamTimeStreamTimeStreamTime
Include :Route
#.
Truck type
Ca rrying
Capacity
C7A 9.45 T to:DOam 11 .05 2
Side-loader 1.60 R 15:00pm
10100
C7 7.41 T 10:00am 1.02 T 8:00am 4.34 T 10:00am 12.77 3
Front-loader
10 Ion
C7R .48 R 6:00am .48 R 8:00am .96 2
Front -loader
10ton
OCC l1lDay -+
Route#.
Truck tVDe
BulkylDay-+
Route#.
Truck type
Totals Tons Loads TOns Loads Tons Loads Tons Loads Tons Loads Tons Loads Tons Loads
Refuse 7.41 1 0 0 1.02 1 9.45 1 4.34 1 2222 4
Recyclables .48 1 0 0 0 0 2.08 2 0 0
2.56 3
Green Waste 0 0 0 0 0 0 0 0 0 0 0 0
Manure 0 0 0 0 0 0 0 0 0 0 0 0
17 acc:On-Call Coll ec tion
Proposal to the Cityof Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section 1-30
Collection Schedule for Kettleman
Route #Truck Truck Type Mond ay Tuesday Wednesday Thursday Friday Saturday Total Waste
No.Hours Loads Hours Loads Hours Loads Hours Loads Hours Loads Hours Loads Hours Stream"
C7A 216 SIDE-lOADER 10 2 10 T -R
C7 119 FRONT-LOADER 4 1 2 1 0 0 4 1 10 T
C7R 123 FRONT-LOADER 2 1 2 1 4 R
Totals .....6 2 2 1 12 3 4 1 24
Total Tota l
Route s Tru cks
\8 T =TrashlRefuse;R =Recyclables;G =Green Waste;M =Manure;ace =On-Call;B =Bulky Item
Proposal tothe City of Fresno
MFD and Commer cial Solid Waste ,Recyclable Mate rials,and OrganicsMate rials Se rvices
Se ction t -31
City of Kerman
Se ctor/Progra m
Res idential
Sing le -family
Solid Waste
Collection
Materials Collected
MSW
Units Served /Equipment Used/
Annual Tons Collect on Sy,ste
RESIDENTIAL PROGRAM INFORMATION.,-...~
280I/(1)Automated Side-loader vehicles -96-gallon carts
2897 .07 tons
Processlng jTransfer/
DlsRosal Site
American Ave
41 complexes -Shores SFD collection equipment,above.
815units/
Tons included in SFD
figure
2801 /(I)Automated Side-loaders
21 23.17 tons
COMMERCIAL PROGRAM INFORMATION
329/(1)Front-loader and b ins
2601 .54 tons
Residential
Single-family
Recycling Collection
and Processing
Residential
Mult i-family
Recycling Collection
and Processing
Res idential
Organics Collection
Cammerciatl
Industrial
Solid Waste
Collection
Front-loader
Commercial/Industrial
Recycling Collection
and Processing
Commercial/Industrial
Sond Waste
Collection
Roll-off
Newspaper;mixed paper;acc;
glass bottles/jars;tint aluminum
cans; plastics 1-7;scrap metal.
Some as above.
Clean yard waste mixed with
food waste.
MSW
Newspaper;mixed paper;acc;
glass bottles/jars;tint aluminum
cans;plast ics 1-7;scrap metal.
MSW
2801/
756.63 tons
334/
460.84 tons
3711
1208.70tons
(1)Automated Side-loader vehicles;96-gallon carts
(1)Front-loader and bins
II}Roll-off vehicles.
Mid Volley MRF
American Ave
Mid Volley MRF
American Ave
Mid Volley MRF
Mid Valley MRF
Proposal to t he City of Fresno
MFD and Commercial Solid Wa ste,Recyclable Materials.and Organics Materials Services
Section1 -32
KERMAN
COLLECTION ROUTES WORKSHEET
Route Monda Tuesda Wednesday Thursdav Fridav Saturda Totals
Details Tons Waste Offload Tons Waste Offload Tons Waste Offload Tons Waste Offload Tons Waste Offload Tons Waste Offload Tons LoadsstreamTimestreamTimestreamTimestreamTimeStreamTimeStreamTime
Include:Route
#,
Truck type
Carrying
Capacity
106 9.89 T 9 :4~am 10.23 T 10:15am 10:01 T 9:45am 51.04 6
Fronl-loader 9.47 T 15 :30pm 5.18 T 15:30pm 6.26 T 15:00pm
10Ion
106R 3.09 R 10:00am 1.78 R 8:00am 3.79 R lS:00pm 1.25 R 7:45am 9.91 4
Front-loader
10ton
206 10.09 T 10:30am 10.14 T 9.50am 10.06 T 9.45pm 10 .11 T 10:00am 61.84 8
Side·loader 4.28 T 14 :0Opm 3.85 T 13:30pm 4.54 T t3:45pm 8.77 T 14 :00pm
10ton
206R 3.25 R 12 :30pm 4.09 R 12 :30pm 4.59 R 11 :30am 5.13 R 13:3Opm 60.95 8
Side-loader 10,98 y 16:45pm 10.13 Y 16 :45pm 10.52 Y 16 :45pm 1226 y 16:45pm
10Ion
.
OCC19/Day ->
Rou te #.
Truc k type
BulkvlOav ->
Route#.
Truck type
Totals Tons Loads Tons Loads Tons Loads Tons Loads Tons Loads Tons Loads Tons Loads
Refuse 19.36 2 14.37 2 29 .40 4 14.60 2 35.15 4 112.88 14
Recyclables 3,09 1 3.25 1 5.87 2 8.38 2 6.38 2 26.97 8
Green Waste 0 0 10,98 1 10 .13 1 10.52 1 12.26 1 43.89 4
Manure 0 0 0 0
0 0 0 0 0 0 0 0
19 OCC :On-Call Collection
Proposal to the City of Fresno
MFD and Commercial Solid Wa st e,Recyclable Materials,and Organics Materials Services
Section 1. 33
Collection Schedule for Kerman
Route "
Truck Truck Type Monda y Tuesdav Wednesday Thursdav Fridav Saturday Total Waste
No .Hours Loads Hours Loarls Hours Loads Hours Loads Hours Loads Hours Loads Hours Stream 2il
106 124 Front-loader 10.25 2 10.00 2 10.00 2 30.25 T
106R 131 Fronl-loader 4.25 1 3.00 1 4.25 1 2.75 1 32.25 R
206 226 Side -loader 9.00 2 8.25 2 8.25 2 9.00 2 34.50 T
206R 227 Side-loader 11.50 2 11 .25 2 11 .25 2 12.50 2 46.50 R-Y
Totals ->14 .50 3 20.50 4 32.50 7 23.75 5 34.25 7 125 .50
To lal Tolal
Rou les Trucks
20 T::TrashlRefuse;R::Recyclables ;G ::Green Waste ;M::Manure;OCC ::On-Call ;B::Bulky Item
Proposa l tothe City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organ ics Materials Services
Sect ion1 -34
City of Mendota
M~D VALLIr;'t O,."Os..flol,..',.. .
UnitsServed/EqUipment Used/
Annual Tons Collection S y.~tem
RESIDENTIAL PROGRAM INFORMATION
1200/(1)Automated Side-loader vehicles 96-gollon carts
2479 .18 tons
22 complexes-500 ShoresSFD coll e ction e quipment,above.
units/
Tons included In SfD
fig ure
1200/(1)A utomated Side-loaders
646.4J J9.~
COMMERCIAL PROGRAM INFORMATION2231'.". ,(1 Yi=,onf-looder and bins
2535.36 tons
Sector /Program
Residential
Single-family
Solid Waste
Collection
Residential
Single-family
Recycling Collecffon
and Processing
Residential
Multi-family
Recycling Collection
and Processing
Residential
Organics Collection
C o mmerclal/
Industrial
Solid Waste
Collection
Front-loader
Commercial/1ndustrial
ReeyeR"g Collection
and Pro~~$s!n..g ..
Comm ercial/lndus1rial
So'ldWasfe
Collection
Roll-off
Materials Collected
MSW
Newspaper;mixed paper:OCC;
glass bot1les/jars;11n/aluminum
cons;plastics 1-7;scrap metal.
Some as above.
Clean yard waste mixed with
food waste .
MSW
Newspaper;mixed paper;OCC:
glass bottles/jors;tin/aluminum
~<:I~!J?J.astics 1-7:,s.fr9P I'D~~<:II,
MSW
1200/
357.14 tons
97/
213.25 tons
~_.-
208/
1065.23tons
(1)Automated Side-loader vehicles;96-gal1on carts
(1 )Front-loader and bins
(1)Roll-off vehicles.
Processlng/Transferl
Disgosal Site
American Ave
Mid Volley MRF
American Ave
Mid Valley MRF
American Ave
Mid Valley MRf
Mid Volley MRF
Propo sal to the City of Fresno
MFD and Commercial Solid Wa ste,Re cyclable Materials ,and Organics Materials Services
Section 1•35
Mendota
COLLECTION ROUTES WORKSHEET
Route Monda Tuesda Wednesday Thursdav Fridav Saturda Totals
Details Tons Waste Offload Tons Waste Offload Tons Waste Offload TOM Waste Offload Tons Waste Offload Tons Waste Offload Tons LoadsStreamTimeStreamTimeStreamTimeStreamTimeStreamTimestreamTime
Include :Route
#.
Truck type
Carry ing
Caoacity
104 10.11 T 10:00am 10.25 T 11:00am 10.35 T 10:00am 52.31 6
Front-loader 4.48 T 15:30pm 7.12 T 15:30pm 10.00 T 15:00pm
10ton
104R 2,58 R 14:45pm 5.03 R 13:3Opm 7.61 2
Front -loade r
10ton
204 10.06 T 9:30am 10.75 T 10:45am 12.04 T 11:3O am 55.61 6
Side-loader 3.31 T 13.30pm 8.30 T 14 :00pm 11 .15 T 14 :3Opm
10ton
204Bi-Wee kly 4.58 R 15:00pm 5.52 R 17:00pm 7.10 R 17:00pm 17.20 3
Side-loader
10ton
204 Bi-Weekly 7.22 y 15:00pm 10.10 y 17:OOpm 10.49 y 17:00pm 27.81 3
Side-loader
10ton
OCC 21/0ay -+
Route#.
Truck type
BulkvlOav -+
Route#.
Truck type
Totals Tons Loads Tons Loads Tons Loads Tons Loads Tons Loads Tons loads Tons Loads
Refuse 14.59 2 13..37 2 36A2 4 23.19 2 20..35 2 107.92 12
Recyclables 2.58 1 4.58 1 5.52 1 12.06 2 0 0
24.74 5
GreenWaste 0 0 7.22 1 10.10 1 10.49 1 0 0 27.81 3
Manure 0 0 0 0 0 0 0 0 0 0 0 0
21 OCC:On-Call Collection
Proposa l to the Cityof Fr esno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section 1.36
-------------------------------
MIO Y A .......T D,."'"D ....L.,,,....
Collection Schedule for Mendota
Route #Truck Truck Type Monday Tuesdav Wednesday Thursday Friday Saturday Total Waste
No.Hours Loads Hours Loads Hours Loads Hours Loads Hours Loads Hours Loads Hours Stream22
104 127 Front-Loader 10.50 2 9.50 1 10.00 2 30.00 T
l04R 131 Front-Loader 4.75 1 8.25 2 13.00 R
204 227 Side-Loader 5.25 1 7.25 2 8.25 2 20.75 T
204R 227 Side-Loader-Bi Weekly RIa 4.25 1 5.00 1 5.00 1 14.25 R
204G 227 Side-Loader-Bi-Weekly Rta 3.25 1 4.00 1 3.25 1 10.50 Y
Totals --+15.25 3 9.50 2 21.75 3 21.50 5 10.00 2 78.00/
Tola l Tota l /8.50 2 120.75 3 119.75 5 74.25
Routes Trucks
22 T =TrashfRefuse;R =Recyclables ;G =Green Waste;M =Manure;acc =On-Call;8 =BUlky Item
Proposal to the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Sectio n 1 •37
County of Kings
Sector /Program MaterIa lS Collected
Residential MSW
Single-family
Solid Waste
Collection
Units Served/Equipment Used/
Annual Tons Collection Sy'stem
R~.IDENTlI4 PROGMM INF.O~nO~
2182/(2) Aut o mated Side-loader vehicles - 20-, 32-,64-,
2608.71 Ions 96-gallon c arts
Proeesslng/Transter /
o sQosal Site
KWRA
COMMERCIAL PROGRAM INFORMATION
_"_.u ~.,
703/(3)Front-loader and bins
5792.64 tons
Commercial!MSW
Industrial
Solid Waste
Collection
Front-loader
Commercial/Industrial MSW
Sofld Waste
Collection
Roll-off
169/
622.80 Ions
(1 ) Roll-off vehicles.
KWRA
Mid Valley MRF
Proposal to the City of Fresno
MFD and Commercial Solid Waste ,Recyclable Materials ,and Organ ics Materials Services
Section 1 •38
KingsCounty
COLLECTION ROUTES WORKSHEET
Route Mond~Tuesda Wednesday Thursdav Friday Saturda-Totals
Details Tons Waste Offload Tons Waste Offload Tons Waste Offload Tons Waste Offload Tons Waste Offload Tons Waste Offload Tons LoadsStreamTimeStreamTimeStreamTimeStreamTimeStreamTimeStreamTime
K1A 4.70 T 11:3Qam 9.60 T 14:30pm 8.30 T 15:30pm 22.6 3
Side-loader
10TN
C4 7.50 T 11:00am 7.5 1
Side-loader
10TN
K2 7.60 T 15:30pm 7.00 T 15:00pm 14.6 2
Frent-loader
10TN
103 11.60 T 15.45pm 11.6 1
From-loadsr
10TN
106 9.50 T 16:OOpm 9.5 1
Front-loader
10TN
OCC 23/Day ......-
Route#.
Truck type
BulkylDay ......
Route#.
Truck type
Totals I Tons Loads Tons Loads Tons Loads Tons Loads Tons Loads Tons Loads Tons Loads.
Refuse 0 0 28.7 3 192 3 9.6 1 8,3 1 0 0 65.80 8
Recyclables 0 0 0 0 0 0 0 0 II 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0GreenWasteII0000 0 0 0 0 0 II 0 0 0
Manure ~'"
23 oee:On-Call Collection
Proposal to the City of fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section 1•39
Collection Schedule forKings County
Route #I Truck Truck Type Monday Tuesday Wednesday Thursdav Friday Saturday Total Waste
No.Hours Loads Hours Loads Hours Loads Hours Loads Hours Loads Hours Loads Hours Stream 24
K1A 228 Side-loader 6.00 1 10.00 1 10.50 1 26 .50 T
C4 225 Side-loader 6.00 1 6.00 T
K2 125 Fronl-loader 9.00 1 9.00 1 18,00 T
103 123 Front-loader 10.00 1 10.00 T
106 124 Fronl-Ioader 7.00 1 7.00 T
Totals -.26 .00 3 21.00 3 10.00 1 10 .50 1 67.50
Total Total
Routes 5 Trucks 5
24 T =TrashlRefuse;R =Recyclables;G =Green Waste;M =Manure;OCC =On·Call;B =BUlky Item
Proposal totheCityof Fres no
MFD and Commerc ial Solid Waste ,Recyclable Materials ,and Orga nics Mat erials Serv ices
Section 1.40
~
--- -----
...t"v.~~II-"DI.~••iL.
~<'>v;'••,,~,...~H ''''''
1.3
Company Description I Service Implementation Experience
The following Service Initiation Experience examples correspond to services the City of Fresno seeks.The
examples appear in the following order.
Example Jurisdiction Descriptor
1 Coalinga Privatization of Solid Waste Collection Services
2 Kerman Implementation of City-Wide Recycling
Proorom
3 Rrebaugh Implementation of Commercial Collection
Services
4 Kerman,Mendota,Implementation of MUlti~FamilyRecycling
San Joaquin,
Firebaugh,Coalinga,
Huron,Avenal
Proposal to the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section 1 ·41
Service Initiation Experience:City of Coalinga
Example 1 I Coalinga Privatiz ation -Solid Waste Services
Jurisdiction Name
Scope
v'.Procurement of City 's collection vehicles,containers,and employees.
v'Implement SFD with 3-cart collection ,commercial recycling,community education .
v'.MFD technical assistance
Jurisdiction Contact
Bill Skinner-City Manager Ron Landers -Mayor (559)935-1533
Account Information
3,400 SFD Customer Accounts
850 MFD Units
300 Commercial Accounts
Background Summary
In 2004,when the City of Coalinga issued a Request for Proposals to privatize its solid waste,recycling,and
yard waste collection contract,MVD was awarded the contract.At that time the City provided only solid
waste collection (no recycling).MVD proposed services for all:residential and commercial solid waste and
recyclable materials collection,residential and commercial yard waste collection services,and recyclable
materials processing.Thus,as part of the contract,MVD was to conduct waste audits of all premises city
wide and provide generation appropriate receptacles.We took an aggressive approach with the residential
waste stream by offering only 64gl carts for solid waste .The commercial business were only charged for
solid waste containers,recycling was unlimited at no cost.
Continued on following page .
Prop osal t o the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section 1 .42
Example 1
Continued
Transition
The City's equipment and containers were procured by MVO,and the operation of their current solid waste
system was transitioned in 30 days.The following 45 days MVO rolled out a 10,000 residential carts while
implementing a3-can system.
In addition to beginning solid waste collection,the terms of the contract also called for the changes listed
below,all of which MVO successfully implemented .
.(SFD solid waste collection went from a 96 gallon cart toa 64 gallon cart.
.(SFD recyclab le materials and yard waste collection is weekly with 96 gallon collection carts
.(Commercial recycling at all businesses.
"Convenient location for residents to bring bulky items.
"Recycling collection and education at all government buildings .
).(Partnered with local thrift stores for unwanted furniture and discarded items
"Implemented 2 annual clean up days at no additional charge to all residents
.(Opened a CRV buy baCk center.
Proposal tothe City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section 1•43
Service Initiation Experience
Example 21 Implementation of Citywide Recycling Programs
Jurisdiction Name
City of Kerman
Scope
.;Transition between contractors:SFD solid waste,recyclable materials,and organic materials
collection services .
../'Simultaneous universal recycling roll-out for MFD and Commercial customers .
./MFD technical assistance
Jurisdiction Contact
City of Kerman,Ron Manfredi (559)846-9387
Account Information
2801 SFD Customer Accounts
41 complexes,815 MFD Units
329 Commercial Accounts
Background Summary
In August 2008,the City of Kerman awarded the contract for exclusive collection services to Mid Valley
Disposal.It was a great accomplishment to gain the contract with the City of Kerman tor a few reasons .
First,MVD expanded operations by building a new Material Recovery Facility located in the City of Kerman.
Second,the City of Kerman was located in the west region of Fresno County,which is the area MVD
primarily served.Finally,the City of Kerman was in great need of implementing a commercial recycling
program to meet state requirements ,and MVD was confident it had the experience and dedication to assist
the City meet ifs goal successfully.
Continued on follo wing page.
Proposal t o the City of Fresno
MFD and Commercial Solid Waste ,Recyclable Materials,and Organics Materials Services
Sec tion 1 .44
IOo4 ID V A DI....o ......'..
Example 2
Continued
Transition
MVD promptly began to strategically plan the implementation of the City of Kerman's new 'Pay As You
Throw'commercial recycling program.The Company hired additional staff to assist with the initial
education efforts.Three staff members conducted waste audits to target every business in the City of
Kerman.Each auditor was responsible for targeting a section of the City and checked current services to
determine the size recycling bin or cart to propose.Auditing staff had a route sheet with the services the
business received and also a proposed waste audit form to complete after audit was conducted.Staff also
provided each business with a recycling guide,which included photos and listed the acceptable materials to
be placed ina recycling bin or cart.
The feedback was primarily positive and businesses seemed to be ready fora change.The City Manager
also sent out a letter to businesses informing of the change and the importance of participating in the
commercial recycling program.The support of the City Manager was very important to implement this new
program .
Once the recycling services were determined through waste audits,delivery of bins and carts began the end
of July 2008 and Mid Valley Disposal began collection services with businesses by August 4,2008.
In addition to conducting a waste audiUsite visit with each business during implementation,MVD Outreach
Staff conducted a total of 51 site visits during 2009 and a total of 114 site visits this year.On a side note ,
there approximately over 165 commercial businesses,excluding multi-family and schools (these programs
are tracked separately).The Company has monitored the commercial program each year and have
increased recycling tonnage since implementation (please refer to tonnage report included at the conclusion
of this Example).
The multi-family program is also crucial in increasing recycling efforts within the City of Kerman .MVD
received grant funding from Cal Recycle to fUlly implement a multi-family recycling program in the City of
Kerman and six additional cities served by MVD .The City of Kerman's multi-family recycling program start
date was June 2,2009 .MVD staff continues to visit each complex and monitors progress .Results show
that overall program isa success.
Proposal to t he City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section 1 >45
Example 2
Continued
MVD staff provides ongoing education by delivering new education materials for tenants.The education
materials are available at the managers office,where tenants can view them when paying their rent.
Education flyers are also placed in application packets for new tenants .MVD also attends events
coordinated by two complexes located in Kerman.
MVD has also fUlly implemented a construction and demolition recycling program with the City of Kennan
Planning Department.MVD and City staff work closely to make sure contractors follow the City's C&D
recycling ordinance.Contractors are required to rent a roll-off bin through MVD or must self haul to our
transfer station in Kerman .MVD staff tracks diversion from each C&D project in Kerman and provides
contractor with a diversion report at the end of each project.The program has shown success with projects
diverting over 60-80 percent of materials from C&D projects.
The schools in the Kerman Unified SChool District have also improved recycling efforts with MVD school
recycling program.MVD Outreach Staff is very active within each campus making sure that recycling
containers are full of recyclables.Each campus has recycling containers located near cafeterias to capture
cardboard .The schools in Kerman also have on campus recycling 96-gallon carts which are conveniently
located near each hall way for classrooms to recycle.The Kerman School recycling program requires
students to participate and move carts to the collection point and return them back to their appropriate
location.Teachers and students have also formed recycle clubs that monitor programs and report back to
MVD when technical assistance is needed .
MVD has reach over 1000 students by conducting classroom presentations and school assemblies.MVD
has also donated education materials to school events and fund raisers.
This year MVD will also partner with the City of Kerman and six additional cities served by MVD to purchase
a recycling robot that will be used for education purposes.This will be an exciting acquisition to our
education program.
In addition to beginning solid waste collection,the terms of the contract also called for the changes listed
below,all of which MVD successfully implemented.
Proposa l to the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section ".46
Example 2
Continued
.{.New three--cart systems for each residential home (refuse.recycling,and green waste).Carts are gray
with different color lids .
.{SFD recyclable materials.yard waste.and refuse weekly collection.
,I Fully implement a commercial recycling program.
¥'Provide each business with new refuse bins orcarts.
,I Fully implement multi-family recycling program (six complexes).
¥'Fully implement a school recycling program.
,I Fully implement C&D program.
./'Provide twice a year community cleanup events for collection of bUlky material.green waste,and e-
waste.
./'Complete annual reports on behalf of the City to Cal Recycle.
¥'Contamination program (monitor residential program with tagging system).
In conclusion.MVD successfully implemented residential,commercial.and school recycling programs for
the City of Kerman.These programs have by proven successful by the 2009 CalRecycle Annual Report
City diversion calculator.
Proposal to the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section 1 .47
Service Initiation Experience
Example 3 I Implementat ion of Commercial Collection Se rvices
Jurisdiction Name
City of Firebaugh
Scope
./Transition between contractors:SFD solid waste ,recyclable materials,and organic materials
collection services.
.;Simultaneous universal recycling roll-out for MFD and Commercial customers .
,'<MFD technical assistance
Jurisdiction Contact
Firebaugh
Account Information
1250 SFD Customer Accounts
450 MFD Units
226 Commercial Accounts
Background Summary
Mid Valley Disposal began exclusive collection service with the City of Firebaugh February 1st 2009.The
Company acquired Firebaugh Disposal Company which included the City of Firebaugh and a Fresno County
Franchise .In addition to gaining two new contracts with the City of Firebaugh,MVD implemented new
recycling programs to remove the City from a non-compliance order from Cal Recycle.
Continued on following page .
Propos al t o the City of Fres no
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Se ction 1 •48
J
)
Example 3
Continued
Transition
MVD was prepared to take on the challenge of fully implementing recycling programs within the City of
Firebaugh and inherit the current non-compliance order and changing old habits of the community which did
not include recycling.
Mid Valley Disposal began implementing the 3-cart single family program February 1,2009,by
implementing a residential education program.The education program began with showcasing the 3-carts
that would soon be delivered to each residence in front of City Hall.The display also included posters for
each cart showing pictures of the materials accepted,In addition,Mid Valley Disposal contacted the local
Spanish television station for an interview through which it would inform residents of the new residential
program.Mid Valley Disposal also created an education flyer that showed the three carts along with photos
of the materials accepted in each cart.This educational flyer was mailed out with the utility bill and sent to
each single family residential customer.
On February 9lh Mid Valley Disposal began the 3-cart distribution to each home,Along with the 3-cart
delivery,residents received a guideline flyer,calendar for collection day,and a letter from Mid Valley
Disposal providing residents with information regarding new program and contact information for questions.
On June 10,2009 Mid Valley Disposal staff also conducted a contamination analysis with the newly
implemented residential program.This required staff to lift each cart lid and view the materials that were
disposed.The program provided Mid Valley Disposal results of program implementation.Our staff was
able to find specific information to improve the new program after four months of implementation.
Mid Valley Disposal continues to target the 3-cart residential program by providing information to residents
during events,mailers,school presentations,and the contamination program.With regards to the
contamination program,this program continues with drivers leaving a contamination tag on the cart where
unacceptable materials were identified and the driver delivers a detachable portion of the tag to an Outreach
Specialist,which than follows up with the customer by sending out a letter and residential education
brochure.
Proposal to t he City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section <I •49
Example 3
Continued
The commercial program began with 175 bins and carts switched out within two weeks of our contract
beginning.The previous hauler supplied very outdated containers and no recycling bins or carts.Mid
Valley Disposal delivered a new attractive refuse collection bin or cart to each business.Prior to delivery of
refuse service a waste audit was conducted to make sure the customer received proper services.
Shortly after switching out the refuse bins,Mid Valley Disposal then began the implementation of recycling
services with each business with door to door site visits and waste audits.Each business was informed of
the importance of adding recycling services along with the City non-compliance order.After determining the
size container appropriate for each business another site visit was conducted with each business to provide
education materials for employees.Education materials included laminated posters with photos and
bilingual text to post in areas visible for employees.We also made sure to speak to business owners and
employees about the waste stream and materials that are acceptable.
MVD Outreach Staff continues education efforts with each business by conducting quarterly site visits to
make sure that recycling guidelines are followed and also to provide technical assistance as needed.Some
of the business share questions and concems,request office recycling containers,and additional education
materials during site visits.
The multi-family pilot program implementation began September 1,2009.Mid Valley Disposal staff first met
with apartment managers at two different complexes.They both agreed to participate with the mUlti-family
recycling pilot program.MVD conducted a door to door distribution of education materials for each tenant
during the same week the 3-yard recycling bins were delivered for each complex.Ongoing visits area
conducted to monitor program on a quarterly basis.
Mid Valley Disposal also assisted the City to implement a Construction and Demolition recycling program
that will require contractors requesting a permit from the City's Planning Department to follow the City's C&D
ordinance.
Proposal to the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section :<50
Example 3
Continued
In addition to beginning solid waste collection,the terms of the contract also called for the changes listed
below,all of which MVD successfully implemented .
.;New 3-carts for each residential home (refuse,recycling,and green waste).Previous hauler provided
residents with refuse service only.
,I SFD recyclable materials,yard waste,and refuse weekly collection
,f.Fully implement a commercial recycling program
.;Provide each business with new refuse bins or carts
"Implement a pilot program with multi-family complex
if Fully implement a school recycling program
.;Fully implement C&D program
./Provide twice a year community cleanup events for collection of bulky material,green waste,and e-
waste
/Complete annual reports on behalf of the City to Cal Recycle
,/Complete quarterly reports to Cal Recycle as part of the requirement ofthe non-compliance order
In conclusion MVD successfully implemented a residential,commercial,and school recycling program for
the City of Firebaugh.These programs have proven successful by calculations from the 2009 Cal Recycle
Annual Report.As a result of the successful recycling programs the City of Firebaugh is expected to be
taken offcompliance at the end to the year.
Proposal to the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section 1 ·51
Service Initiation Experience
Example 41 Imple mentation of MUlti -Family Recycling Program
Jurisdiction Name
Kerman,Mendota,San Joaquin,Firebaugh ,Coalinga,Huron,Avenal
Scope
v"Implementation of new program for Multi-family residents
v Education efforts
v"Multi -Family Recycling Program technical assistance
Jurisdiction Contact
City of Kerman,Mendota,San Joaquin,Firebaugh,Coalinga,Huron &Avenal
Account Information
3,038 MFD Units
Background Summary
On November 2008 the Department of Conservation granted Mid Valley Disposal a total of $95,578
through the Multi-Family Grant.The project goal was to fully implement a recycling program within
27 multi-family communities located in the Westside rural area of Fresno and Kings County .The
grant funding received,facilitated the implementation of successful multifamily programs,which are
currently proving effective.Such implementations initiated in the beginning of the year of 2009 after
receiving the grant amount.The financial assistance was equally dispersed throughout the given
communities .Implementation consisted of properly educating the inhabitants regardless of age
range.Guidance materials were supplied by MVD.Primarily,MVD found it essential to meet with
the multifamily homes'managers and discuss various aspects of the program implementation .Two
important factors were available space for containers and cooperation.We wanted to reach an
agreement for proper placement of the bins and to amplify chances of program success.MVD
informed managers of its ability to provide technical assistance,ongoing education,and personally
deliver door-to-door guidance material along with packets of collateral materials .
Contmued on follO Wing page.
Proposa l 10 the Ci ty of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Sect ion 1 . 52
Example 4
Continued
Introductory packets and indoor six-gallon containers were distributed,to aide in the increase of
residential participation.Visual guideline flyers which were translated in English/Spanish were
helpful as well,as were refrigerator magnets with colorful pictures.These items helped to raise
awareness and identification of household recyclable materials.Incentives were also included in
the introductory package,such as reusable water bottles,which were made from recycled material.
Because most tenants work during the day,MVD tried to find the most convenient time to schedule
a formal presentation to provide verbal guidance and use this time to answer any pending
questions on behalf of the residents .MVD strictly enforced the routine audits which are currently
still a part of its program and provide additional assistance upon request.Since implementation,a
total of 142 site visits have been conducted,along with four presentations .MVD also participated in
two events held by the multi-family complexes.
MVD has found education to be a key factor in creating a sustainable recycling program .MVD faced the
challenge to change the negative perception that a recycling program creates inconvenience in a multi-
family community.Apartment managers seemed to think recycling bins could be used as an extra garbage
bin ,They were also concerned of the increase in scavenging created with placement ofa recycling bin.
Once apartment managers learned the program was free and MVD was going to provide customized bins to
reduce contamination and scavenging,along with the ongoing free education and technical assistance the
Company gained their support to begin implementation.The attractive recycling bin labels covered half of
the space of the front bin,and showed tenants the acceptable recyclable materials before they disposed
recyclables .The unit recycling container was also an incentive in that it provided participants with a
container that was small enough to place on their kitchen counters to fill up with recyclables before
disposing in the collection recycling bins.
The multi-family recycling program success continues with MVD staff readily available to managers in need
of technical assistance .MVD staff visits each of the participants on a regular basis .Staff attends events
held by apartments and also is working towards implementing a recycling club with children living in the
mUlti-family communities.These efforts ensure the multi-family recycling program to reduce waste and
increase recycling efforts annually in each of the participating communities .
Propo sal t o t he City of Fresno
MFD and Commercial Solid Waste ,Recyclable Materials,and Organics Materials Services
Sec tion 1 .53
1.4
Company Description I Past Performance,Legal
MVD has only one item to report per the RFP request in §1.4 -Information Regarding Litigation,Regulatory
Actions,and Payment ofUquidaled Damages.On November 10,2008.a citation was issued to MVD by the
Air Resources Board for failure to have the proper paperwork available pertaining the Agency's smoke test
reporting on two of its forty-eight vehicles.Even though MVD was later able to locate the necessa ry
documentation for the ARB,the Agency would not revoke its total fine of $8,000.Hence,per the order,MVD
paid $6,000 to the ARB,$1,000 to the Peralta Community College District,and $1,000 to the Califomla
Pollution Control Financing Authority.
Proposal to the City of Fresno
MFD and Commercial Solid Waste,Re cyclable Materials,and Organics Materials Services
Section 1•54
MJO VALLEV o....ro..L
\~~".,.:...l..<<<N .".~'"~,.'-,j,N
1.5
Company Description I Financial Information I Financial Statements
Please note that MVD's audited financial statements are included under separate cover.See the envelope
marked Financial Statements.
Proposal to the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
SectiDn 1•55
1.6
Company Des cription I Financial Information I Financing Plan
The audited financial statements for Mid Valley Disposal are Included with the submittal under separate
cover.see the package marked Financial Statement.
MVD intends to contribute approximately $200,000.00 in capital for start..up and operating ofthe collection
operations,wjthadditional funding for rolling stock,containers,and equipment utilizing both CPCFA and
traditional funding.In addition,the company has a line of credit for operating purposesJworking cap ital .
Referenced companies currently maintain positive banking re1ationshlps with Union bank;see the following
letter relative to project financing.
Funding Source
Collection Vehicles $1,755,000.00 Union Bank 0110112011
Containers $1,600,000.00 Union Bank 01/0112011
Bin Delivery Truck $50,000.00 Union Bank 1211512010 )Carts $70,000.00 Union Bank 0110112011
Start Up Costs $150,000.00 MVD 11/1512010
Pick Up $30,000.00 MVD 1210112010
Hybrid $20,000.00 MVD 12101/2010
I
/
Proposal to the City of Fresno
MFD and Commercial Solid Waste.Recyclable Materials.and Organics Materials Serv ices
Sectton1 •56
UnionBank
August J.2010
rv1itl-Vlllley Dis posal
Mr.Joseph Kulpllkoff.
Vice President &,General MSll1agel'
15300 W,Jensen Ave
Kerman,CA 936j{)
1<1:.:City of Fresno -RFP lor new con rract
DearMr,Kalpakoff
Based on the extensive informauun you have provided Itl Union Bank.N.t\.."BUllk-)
including historical and projected financial statements for Mid-Valley D is posal ~\long with
r ur rev iew of the It quest lor Proposal lo r the new e il y 0 1"Fresno co ntract .we wo uld be
interested in providing a II'1 ng term rcdit facility sufficient to finance th acquisiti m of
rolling stock.carts,contnincrs and equipme nt required to service (he City of fire .no
c ontract,'1111:umou nt •l 'the c r xlit facility is es timated 11111 to excee d Seven Mi l lion Do llars
($7.0{)O.OOO.OO)and would provide financing lor two distinct Service Area s.Additionally.
;t cred it It1l.:ility w ill be made a vai lab le for ib c is suance o f a performance s tandby Ic ucr or
credit in an amuunt sufficient to smis(v Section 12.5 or the City of Fr c SI1 U Request For
Prop():t;111 thm requi res a performance bond equal to one-quarter ofthe armual rutc TC\'ClUll'S
collected in each Service Area.
It is nul'understanding lhal the City of fresno contract will be for u minimum term of len
years commencing Janu ary I.2 011. A [innl com mi tmen t and fu nding of til l'rcdi t facility
i$'u L~i l:c t t o the Bank'.rec eipt (Inti ':ll i s ra c LO r ~'rev iew )1'(i)projected Ilnancia l 'InICIllCI11'
based upon obtaining the City of Fresno Contract:(ii)the Bank reviewing the final City of
Fresno contract agreement and insuring that the contract provides Mid·Valley Disposal
\..ith an adequate income stream over the contract IC!111 to service the debt under the Bank's
creditIaeilities;(lOU (iii)Ileal Bank credit iiPPWV,l1,
We look forward to workin g with you on th fi nanci ng rc 1I '~l for the new "i l y of Fresno
contract.
Vcry 'I'm]y Y ours,
UNION BANK.N.A.
vLM!:::--
Steven Peterson
Vice President
Proposal to the City of Fr&SM
MFO and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section 1•57
~ID "'A,,"~Y D .~....
1.6
Company Description I Key Personnel
The objective of this section isto provide the City with extensive background information relative to those
individuals who are MVD owners/managers/decision-makers,who will oversee the implementation of this
contract and who will be directly involved in the ongoing management ofit for continuity.These individuals
set forth their credentials and reputable standing in their industry as human collateral in exchange for an
opportunity to do in the City of Fresno what they have proven capable of accomplishing in other Fresno
County jurisdictions:implementing excellent programs resulting in high diversion.
MVD recognizes that establishing a successful relationship between the City and MVO management is
extremely important.Therefore MVO is committed to recruiting and retaining only the most highly qualified
individuals for all positions.
In addition to the key personnel described throughout this section-those individuals responsible for
transitioning services and systems from the existing contractor toMVD-the Company notes that existing
drivers and helpers are hugely important toa smooth transition and commits to hiring current drivers.
As is demonstrated by the letters of acknowledgement from MVO's other jurisdictions,included with the
Cover Transmfftal,MVO has the ability to implement and manage operations that reflect operational
excellence and outstanding customer service.
Proposal to the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section 1 .58
MIO V""l...L£'f 01a,.OlJAL
Organization Chart
Mid Valley Disposal
Boa rdof Directors
Gene ral Manager
Joseph Kalpakoff
MR F Operations
_~,..------l--=--l_
Operations Manager
Roy Mondrln
Opera tion s Supervisor
Alex Acos13
-~-
Drivers
Shop Supervisor
Mech anics
Office and Accounting Manager
Lisa Helm
Customer ServicB Reps j
---------
NR Supervisor
Bilfing Clerks
NP Supervisor
Recycling Coordinator
Ivette Rodriquez
Ed uCCllion Specialist
Sonia Herre ra
Proposal to the Cityof Fresno
MFD and Commercial Solid Waste,Recyclable Mat erials,and Organics Materials Services
Section 1 . 59
Staff Profile
Position:
Name:
President and CFO
Jay Kalpkoff
Biography:Jay got his start in the recycling and solid waste industry in Los Angeles .
1972 .He owned and managed a hauling company for over 20 years prior to relocating
to the Central Valley and starting Mid Valley Disposal.His knowledge of the industry and
dedication to staying in front of requlotory change has taken MVD from a one-truck
operation (1997)to an over 30-truck operation.
Position TIme Period Key Responsibilities
MVD 1997-Present ./Oversee all financial obligations including:CPCFA
President and CFO funding.banking covenants.loans and
equipment leases.Manages day to day finances
including:cash flow, investments. payroll
obligations.billing, and accounts receivable.
Proposal to the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section 1 .60
Staff Profile
Position:Vice President and Director.Business Development
Name:Joseph Kalpakoff
Biography:Joseph manages all of MVD's municipal contracts and is responsible for
implementing all municipal recycling programs.He plays a key role in recruiting and
retaining the best employees,manages public relations,and ensures compliance with all
regulating agencies.Joseph keeps current with changes in environmental low both
locally and at the state level. He performs AB 939 reporting for the jurisdictions MVD
serves,
Position nme Period Key Responsibilities
MVD 2006-Current /Designed and developed MRF,TransferStation,
Vice President and and new corporate offices.
Director,Business .,;Implemented Fresno County exclusive franchise,
Development re-designed all routes to inclvde use of the MRF
and transfer stations.
-/Procured the City of Kerman contract and
acquired Firebau gh Disposal.
MVD 2001-2006 ./Procured municipal contracts,strategized service
Business territory,and implemented solid waste services.
Development,.".Successfully won 5 municipal contract RPF's.
Municipal Contract ./Negotiated all contracts,pricing,and managed
Manager all implementations.
MVD 1999-2001 ./Implement City of Avenal contract and assist in
Operation Manager developing and implementing recycling
programs as directed in a non-compliance order .
-/Responsibilities included:BUdgeting,human
resources,
Education:Bachelor of Science,Arizona State UniversityMass Communications &Minor in
Business Administration.
Proposal to the City of Fresno
MFD and Commercial Solid Waste.Recyclable Materials,and Organics Materials Services
Section '1 ·6-1
""'0 YA LL."D ••~.A...
staff Profile
Position:Vice President,Operations
Name:Roy Mendrin
Biography:Roy began in the solid waste industry in Fresno County in 1980.His market
knowledge and experience in operations has been essential in developing MVD
business.He oversees all daily operations,including commercial and residential routing.
construction and demolition contracts,and personnel-related matters.
Position TIme Period Key Responsibilities
MVD 1997-Current .;'Manages all aspects of our fleet maintenance
President,including:equipment acquisition,expenses,
Operations vehicle maintenance programs,and container
maintenance.
./Oversees day to day operations in our shop
includinq hirinq and managing mechanics.
Golden Slate 1980-1992 ./Owned a small fleet of collection veh icles
Disposal.Owner providing service in unincorporated Fresno
County.
Propo sal to the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section 1 •62
Staff Profile
Position:Recycling and Commercial Technical Assistance Coordinator
Nome:Ivette Rodriquez
Biography:Ivette holds a Bachelor's Degree in Environmental Health Science from
Fresno State.She has over seven years of experience in the recycling and solid waste
industry,and began her career with the City of Fresno recycling program as an
education specialist.In 2004 she came to work for MVD.Some of accomplishments
include producing a successful grant proposal to the Department of Conservation for
over $1 m for a state-of-the-art sort system in 2005. In 2006 she assisted MVD by writing a
business plan that enabled the Company to receive a loan from the CIWMB RMDZ loan
program.
Position TIme Period Key Responsibilities
MVD 2004 -Present Manage two Outreach Specialist
Recycling and ~Manage recycling programswithin 11
Commercial communities
Technical Assistance Grant Writer and Administ rator
Coord inator Liaison between city and Stateagencies
.I Certification Manager for Processor IDand
RecyclingCenter IDand other certification
required by Division of Recycling
Process claimsfor processor and recycling center
.I Coordinate and Present SafetyMaterialsfor
office staff
.I Complete Annual Reports for7 jUrisdictions
Reportlandfill tonnage to Fresno County Avenal
Landfill
Write newsletterfor Fresno County customers
quarterly
.I Write quarterlynewsletterto City Managers
Reportto Council Membersregarding city
recycling programs
Education:Bachelor of Science,Environmental Health Science,Fresno State University
Proposal 10 t he City of Fresno
MFO and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Secti on -1 •63
staff Profile
Position:
Name:
Customer Service and Accounting Manager
Lisa Helm
Biography:Lisa has worked in the recycling and solid waste industry since 1987 in
various positions, such as a Frontload and Roll-Off Dispatcher,TransferStation Supervisor,
Office Manager,Billing Manager.Customer Service Manager,and Corporate Level
Trainer
Position Time Period Key Responsibilities
MYD 2004 -Present 01'Billing:trontlood and roll-off accounts.
Accounting and ./Customer credit maintenance
Office Manager ./Distribution of program information and other
collateral materials.
01 Manage,train,and support customer service
representatives .
Waste 2001 -2003 y"Implement and train company process and
Management standards to local districts from Alaska,
Washington,Cojfornio,and Arizona to deliver
C orporate Trainer high levels of customer service .
Service Machine
1998-2001 ,/Billing:frontload and roll-off accounts.
Waste y"Customer credit maintenance
Management .,I Distribution of program information and other
Billing Manager collateral materials.
Customer Service y'Manage,train .and support customer service
Manager representatives.
../'High level of success gamered position as
corporate trainer
Western Waste-USA 1997- 1998
01'Oversaw day to day TransferStation Operation
Waste y"Fulfilled and prepared county and state reports
Transfer Station y"Received and trained stoff in Hazardous Waste
Supervisor response requirements
y"Improved recycling diversion rates from 15%to
38%by recognizing new streams of diversion.
Western Waste-USA 1987-1997 y"Routed 15roll off trucks daily
Waste ./Tookall roll-off calls for scheduling existing and
Roll off Dispatcher new customers
.,I Billed roll-off customers.'Prepared all roll off productivity reports.
Western Waste-USA 1987-1997 v Dispatched 45 fron tload trucks.
Waste y'Maintained frontload routes,weight tags and
Front-load productivity reports through data entry .
Dispatcher ,f Fielded customer service complaint calls.
Education:Associate of Arts-Social Science
Proposal t o t he Ci ty of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section 1 -64
Staff Pro file
Position:Operations Supervisor
Name:Alex Acosta
Biography:Alex began working in the recycling and solid waste industry in 1995in the
Central Valley.He isresponsible for MVD daily hauling and transfer station operations.
Education/Trainlng:Equipment Trainer,Customer ServICe Training,Trained In Human Reso.urce
Education.Certified in O.O.T Regulations.Alcohol and COntrolled Substance Reasonable Suspicion
Training for Supervisors,Certified Fork Lift Trainer and CPR Certified
Position nme Period Key Responsibilities
MVD 2007 - Present
,f Oversee hauling and transfer station operations.
Operations ,f Conduct safety fraining.
Supervisor ,f Conduct equipment training.
.,/Route Audits.,Dispatch Manager
,f Driver Relations
Waste 1995-2003
Management,
Fresno
Supervisor
..
Proposal to the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section 1.65
MI D VA t...LL~D I ...o",L.
Transition Team and Communication with the City
During transition,the following individuals will commit the amount of time necessary to complete a
successful transition.
The following individual is the key contact for all implementation matters and service initiation:
S Joseph Kalpakoff
Management of financial planning,accounting operations and customer service training:
m Lisa Helm
Oversight and development of equipment procurement,container delivery,route development and
mapping,and collection crew training
~Roy Mendrin
Oversight and implementation of commercial recycling technical assistance and outreach:
S Ivette Rodrigquez
During transition and implementation of these services,MVD will take a proactive role in collaborating with
the City on a reqular,weekly basis beginning with contract award extending through the operations start
date,as needed.Depending upon the weekly agenda,allor some of MVD's transition team members will be
present and prepared to work productively on implementation planning with City staff.MVD will track and
report to the City MVD progress in executing implementation tasks and subtasks,
Proposal to the of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Section '1 ·66
)
1.7
Co mpany Description I Labor Agreements
None to report.
Proposal to the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organics Materials Services
Sect ion 1 •67
MID ".a.l"L.CY OIlI~O••"
Two
Technical Proposal
2.0
Technical Proposal I Overview
MVD's primary focus in formulating this proposal is the delivery of a measurable and sustainable shift
toward greater diversion from the outset that steadily increases throughout the term of the Agreement.MVD
takes the City's 75 percent diversion objective seriously.To address that objective,MVD will provide
commercial recycling technical assistance to refresh,expand,and monitor MFD and commercial
recyclableslorganics collection programs .
In addition to implementing programs to recycle as much waste as possible.MVD will fully engage with the
City of Fresno to promote waste reduction and reuse activities.Initial waste reduction and diversion
enhancing initiatives are documented in this Overview (see subheads:Waste Reduction and Reuse).
MVD's primary office and operations base is located in Kerman;the Company owns a facility with an
operations yard and office located at the address listed below.Should MVD be awarded a contract for
service in Fresno,the facility below will accommodate customer service personnel,public education
personnel,and the operations personnel and equipment associated with solid waste collection services,and
possibly the operations personnel and equipment associated with recyclable material collection services.
Facility Address:
Mid Valley Disposal
15300 West Jensen Ave
Kerman,CA 93630
Operations personnel and equipment associated with organic material collection services will be run out of
the Kerman site,as the Company's organic material processing operation is located there.Information
pertaining to this site is included in Exhibit 2.1,including a copy of the Solid Waste Facility Permit and
related information.
Proposal to the Ci ty of Fre sno
MFD and Commercial Solid Waste,Recyclable Materials,and Organic Materials Services
Section 2 ·1
Proposal collection systems and assumptions are summarized in charts located at the beginning of each of
the following subsections:
2.1:Solid Waste Collection
2.2:Recyclable Material Collection
2.3:Organic Material Collection
All collections will be made ina courteous,professional manner,and all ~bJic and private-wiJ1
be respected at all times.Days/hours of collections will be as per the draft Agreement
Information Pertaining toAll Collection Activities
Because it is critical to the delivery of efficient collection operations,MVO's Driver Training,Routing
Approach.and Maintenance are addressed in this Overview.
Propos al to the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organic Materials services
Section 2·2
Driver Training
MVD only employs qualified personnel to perform collection services.In order to deliver superior
performance,drivers are proper1y trained.Properly trained drivers increase the likelihood that services are
performed correctly the first time,and that accidents and incidents will be avoided.The objective of this
section isto provide the City with MVD's approach to recruiting/developing the optimal workforce.
MVD assigns the highest priority to workplace safety,as evidenced by the current safety program in place
for operations personnel.More information about MVD's approach to driver/safety training may be found in
the Company's Driver Handbook,included as Exhibit 2.2.
Workplace Hazards Evaluation
MVD conducts thorough workplace hazards evaluations of all collection operations job classifications,
maintenance shop job classifications,and general office workers,as well as forall physical areas of its
facility.For example,hazards will be identified by job task,and a specific training measure identified to
prevent incidents and accidents that may occur as a result of that hazard.Those specific training
components are incorporated into the required training program for that position.
Employee Orientation
New employees will be required to review the following documents,which currently include:the Company's
Employee Handbook,Driver Handbook (referenced above),and Injury and JIlness Prevention Program
(IlPP).
'f:l Driver Handbook
This manual is comprehensive,covering all components of the Company's safety orientation,to
emergency procedures,accidentlloss reporting procedures,and so forth.It is the Company's
observation that when employees are fUlly informed about the high safety standards of the Company
from the first day on the job,a strong effort is made by new employees to match their performance to
those high standards.
t:1 Injury and Illness Prevention Program (IIPP)
As required by law,the Company has an lIPP.Itis well organized,thorough,and OSHA compliant.The
plan identifies hazards,as previously described,and identifies the various elements of the Company's
overall safety program,such as safety practices,safety training,record keeping,and so forth.
Proposal to the Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organic Materials Services
Section 2• 3
Monitoring of Work Performance
During the first few days of being on the job with MVD ,driver work habits are assessed by the supervisor to
ensure good safety habits are strictly followed.Supervisors proactively address any problems observed ,
reminding the employee of what was learned in training .Safe work practices are continually monitored and
addressed each time an incident or accident occurs .
Safety Meetings
Safety meetings are held once per month and are compliant with all safety regulations .OSHA topics are
discussed in rotating order,and meetings are customized in that incidents-and how they could have been
prevented-from the prior month are reviewed in an open,interactive format.
Facility Inspections
MVD conducts monthly site inspections of its facilities.Potential hazards are noted and corrected
immediately .
Accident and Incident Management
MVD dispatches a supervisor to the scene immed iately when an accident or incident occurs.A report is
completed by both supervisor and employee.The day follow ing the incident,the employee receives the
appropriate retraining.First.a pretest on the incident type is used to assess the employee's knowledge of
safe practices specific to the task being performed when the incident occurred.Proper procedure is
reviewed.A post-test is then taken to check the employees understanding of safe practices that must be
utilized in the execution of the task in question .The employee must pass the test with a score of 80 percent
or better,or the entire process is repeated .
Required Postings and Signage
MVD maintains its employee bulletin board with all postings as is required together by law.MVD maintains
this bulletin board regularly to ensure all such materials are neatly posted and easily readable .This is part of
MVD's monthly site inspections,described above .
Proposal to the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organic Materials Services
Section 2 · 4
Driver Appearance,Conduct,Compliance
Drivers will wear a clean ,company-issued uniform daily.They will have on their persons at all times a valid
California Class B drivers license and medical card,will act in a professional and responsible manner,and
will comply with all applicable local,state,and federal laws and regulations.Additionally,all drivers will wear
photo-identification at all times during work hours.
Alcohol and Drug Testing
MVD will perform alcohol and drug testing per the Department of Transportation's testing procedures under
the following circumstances:
r:1 Pre-Employment Testing:MVD will require alcohol and drug testing after hiring and prior to
commencement of work .
l:1 Post-Accident Testing :Alcohol and drug testing is required as soon as possible after any accident
involVing any employee.The Company reserves the right to continue testing attempts up to 32 hours
after the time the accident occurred.
l:l Random Testing:All employees who drive Company vehicles are subject to random alcohol and drug
testing.
I:1 Reasonable Suspicion Testing:MVD will require alcohol and drug testing based on a supervisor's
personal observations of the employee's appearance ,behavior,speech.performance ,manner,and/or
body odor.Likewise,MVD provides training for managers and supervisors on identification of
symptoms and behaviors of alcohol and/or controlled substance use or abuse .
~Retum-to-Work Testing :Inthe case where an employee has taken a leave of absence to participate in
an approved drug or alcohol abuse rehabilitation program,the employee must submit to alcohol and
drug testing prior to returning to work.Refusal to submit to alcohol and drug testing may result in
immediate terminat ion .Testing is contracted to and managed by an outside firm .
Prop osal t o t he City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organic Materials Services
Se ction 2 .5
Routing Approach
Because it impacts the general publc's health and safety,as well as ihe environment-by truck emiss ions,
traffic,and wear and tear to streets-routing is especially important.Proper routing isa time-consuming and
thoughtful planning process that MVD takes seriously .There are two components to routing :mapping and
data confirmation,and route balancing.Analyzing initial account data and balancing routes require human
focus and decision-making .
Mapping and Data Checking
MVD will utilize a map-based routing software as may be needed for this contract in order to keep routes
efficient as the economy begins to spring back and retum toa growth mode.
Existing/proposed routes will be checked during normal collection hours on assigned collection days in order
to verify the following information :
~Number of service units per route;
f:1 Number of solid waste carts set out per route (participation);
r:.J Container size/corresponding service address;
i:l Number of container in need of repair or replacement/corresponding service address.
Route Balancing and Finalization
A route supervisor will drive routes and document travel paths within them.Routes will be timed based on
productivity estimates provided by the truck and automated arm manufacturers.To increase safety and
efficiency,managers will specify right hand tums in as many cases as possible .Special notice and
treatment will be given to areas where children are frequently present:schools,playgrounds,parks,
community centers,and libraries .Depending on where these facilities are situated,the Company will either
route collection vehicles in a way that they are in and out of those areas prior to school starting,or during
hours where children are in the classroom.In the end,routes will be balanced to ensure that tons collected
are equalized,and that when all productivity assumptions and driver activities are factored in hours worked
are equalized between drivers to the greatest possible extent.
Commercial/MFD route balancing is more effort intensive and complex due to service frequencies beyond
one collection per week and the preferences of business managers.To achieve route balance for its new
commercial customers,lifts per day are grouped by geographic area .To achieve better balance and greater
efficiency,commercial customers may be encouraged to subscribe to a larger container serviced fewer
Proposal to the Ci ty of Fresno
MFD and Commercial Solid Waste ,Recyclable Materials,and Organic Materials Services
Section 2,I)
times per week or to shift service days.service levels will always be right-sized and geared toward
achieving a 75 percent diversion rate.
Routes will then be mapped and turned over to the City for review and approval .If MVD is fortunate and
there are current City drivers who are interested in wor1<ing in familiar territory.MVD wilt make every effort to
grant their requests.This makes the transition easier for both the driver and those customers who notice
and greet their drivers regularfy.
Proposal tothe City of Fresno
MFD and Commercial Solid Waste .Recyclable Materials,and Organic Materials Services
Section 2·7
2.1
Technical Proposal I Solid Waste Collection
S 'fiAssumptlonsandipecilcatlons
Generator Type/Collection System Productivity Assumptions No. of Units by
Service Detail
Service Area
1 I 2 I 3 I 4
MFD/Commercial Procure 1 Sideloader,270/route/day 1 1 1 1 1 1 2
Solid Waste- Cart Amrep
Service Service 1- 6 Times
~Individual or Weekly -Not lessthan
centralized (shared)once/week
on-premises
collection.
~96-gallon capacity
per 141 dwelling units.
MFD/Commercial Frontloader collection 325 yards/route/day 7
1
7
1
7
1
7
Solid Waste -FEL Bin vehicles procured from
Service City
~Centralized (shared)Service I - 6 Times
on-premises Weekly -Not Jess than
collection.once/week
~96-gallon capacity
per (41 dwelling units.
~Push/pulls,locks- no
charge.
./Approx.service
location and time
mutually agreed
upon.
All Generators Useexslstlng Fleet 6 pUlis/route/day Depends on need
Drop BOX/Compacter 10-40CY debris boxes
Solid Waste 10-40CY compactors
~On-premises Service 1- 6 Times
collection.Weekly;and/or On -Call
~Push/pulls,locks
available for
surcharge
~Service location
designated by
customer
City Sponsored Events Collection is As requested by City.From MVD fleet.as
Solid Waste customizable to event.needed.
Collection as specified Any single collection
by City.system or combination
of any/all systems
described above may
be utilized .
Proposal to the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials ,and Organic MaterialS Services
Sect ion 2·6
MFD/Commercial -Solid Waste
Cart/Bin Collection Methodology,Equipment,and Personnel
All collection services will be performed in strict accordance with the service requirements outlined in the
draft Franchise Agreement and to the high customer service standards outlined in this Proposal.MFD
collection services are on-premise,meaning that itis not necessary for customers to place their containers
at the curb for servicing ,MVD will pull/push containers and other services fora surcharge.
There are two base collection systems for MFD/commercial solid waste collection:a)standard automated
sideloader collection vehicles from MVD's fleet.96-gallon wheeled carts,and a crew of one highly trained,
professional driver,orb)frontloader collection vehicles,frontIoader bins in sizes 1to7 cubic yards,and a
crew of one highly trained,professional driver.
Collection systems are driven by container type chosen by property managers.Managers generally base
their container selections based on the following criteria:
tEl Number of units and waste generation rates .
.~Premise configuration .
l:i Access.
Standard Frontloader Collection Vehicles
The frontloader vehicles procured through the City be utilized for any collection system featuring frontloader
bins.
Frontloader Bins
MVD intends to procure front/oader bins from the City as provisioned in the RFP,and has built the
prescribed cost into its Cost Proposal.MVD will set up a refurbishing schedule for these bins,will exchange
and repair/repaint the containers per the schedule ,and will keep the City updated .
Proposal to the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organic Materials Services
Section 2 -9
Solid Waste
MFD/Commercial Collection Services:Driver Protocol
CommerciallMFD Frontloader/Sideloader Collection Activity Sequence:
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 opens the container 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 (or the container is aligned to the automated arm/grabber if an automated
sideloader is utilized).and.ensuring there is ample overhead clearance.empties the container.The
driver then slowly drives forward to "stab"the container (ifa frontloader bin).
6)The driver utilizes a control to lift,empty,and return the container toits 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 manager to ask for authorization for an extra
dump.Should the manager refuse.MVD will report the matter to the City for resolution,along with
service suggestions to remedy the situation long-term.
9)Once the truck has reached capacity or the driver has concluded the route,the driver drives directly to
the transfer station.landfill .or processing facility .
10)If the driver is not finished making collections,she or he will return to the route to complete those.
Proposal to t ho City of Fr0 5M
MFD and Commercial Solid Waste,Recyclable Materials,and Organic Materials Services
Section 2 -10
MFD/Commercial Solid Waste
Roll-Off/Compactor Collection Methodology,Equipment,and Personnel
All collection services will be performed in strict accordance with the service requirements outlined in the
draft Franchise Agreement and to MVD high customer service standards.MVD proposes the following
collection system for drop box and compactor solid waste collection as indicated in the preceding chart
located in the section Overview:a standard roll-off truck and one highly trained,professional driver.For
purposes of this discussion MVD assumes these loads are not mixed or recyclable loads,but strictly solid
waste or organic material.To maximize diversion,MVD customer service representatives will query
customers,when setting up roll-off service,as to the type and amount of waste material customers intend to
discard .
Standard Roll-Off Collection Vehicles
The roll-off collection vehicle specified in the chart located in this section's Overview will be utilized for roll-
off collection services.
Drop Boxes and Compactors
Drop boxes will be made available to MVD customers of every generator type in the sizes notated in the
draft Franchise Agreement.MVD customer service representatives will help customers right-size their
containers to maximize diversion and mitigate weight.Hauling companies generally provide a link between
customers who desire compactors and compactor manufacturers.MVD has well established compactor
manufacturer connections that it will provide to the customer upon request.Customers generally either
lease or purchase a compactor.
Propos al to th e City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,andOrganic Materials Services
Section 2 .11
MFO/Commercial Solid Waste
Roll-Off ICompactor Collection Services:Driver Protocol
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 infonnation pertaining to who to see,disconnecting coupling lines,
and so forth.
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 rail .
4)The driver dismounts the vehicle and locks the coupling device to the container,double checks it to
ensure itis secure.
5)For compactors ,the driver then disconnects the units'electricallhydraulic couplings.
6)The driver remounts the vehicle and engages its control to pull the container onto the truck rail.When
the rail reaches the locking stops,the driver lowers the rail.
7)All MVD 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 solid waste drop-boxes and compactors to the landfill and obtains a weight ticket
at the scale house.All infonnation required by the draft Agreement will be collected at this time.
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.
Propos al to t he City of Fresno
MFD and Commercial Solid Waste ,Recyclable Materials,andOrganic Materials Services
Sec tion 2 ·12
M .O VA"Lt ...01 . 000.......
MFD/Commercial Solid Waste
City-Sponsored Events Collection Methodology,Equipment,and Personnel
All collection services will be performed in strict accordance with the service requirements outlined in the
draft Franchise Agreement and to MVD's high customer service standards.MVD will work with the City to
provide the collection services provided in the RFP scope of work.Additionally,MVD will provide,at the
City's request ,a staffed both with an educational display and public education material.As the letters from
other jurisdictions where MVD provides service testifies,MVD takes great pride in being part of the
communities it serves and looks forward to being a part of and provide sponsorship to the following
activities/organizations :
Fiesta Day:Coordinated by City of Fresno Parks and Recreation
~Car Show:Tower District
~Zoo events:Sweet Treats Enrichment Day,Dia De Los Ninos ,Safari Night,Producer Dairy ice-
cream night,and Zoo Boo
Downtown Events:Cinco De Mayo
m Hmong New Year
t:j Fresno Grizzly Events :
MVD will empty containers at these events as frequently as needed and will keep collection points tidy.MVD
will coordinate with the City to meet collection services needs,but will provide other services,such as publc
education.Solid waste collected from City events will be direct-hauled to the transfer station.MVD will
ensure,however,that there is a full complement of containers at each collection point of every event it
services:solid waste,recyclable material,and organic material.
MVD will report tons collected by material stream type and collection details after each event.A sample
Event Report is included in Exhibit 2.4 -Sample Outreach Materials.
Propo s al to t he Cit y o f Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organic Materials services
Section 2 .13
2.2
Technical Proposal I Recyclable Materials Collection
d 5 'fi tlrAssumpnonsanpeerrcaIons
Generator Typel Collection System Productivity Assumptions No. of Units by
Service Detail Service Area
1 I 2 3 I 4
MFD/Commercial Procure 1side loader,270 stops/route/day 1 I 1 1 I 1Recycling- Cart Service Amrep
.,I Individual or Service I -6 Times
centralized (shored)Weekly -Not less than
on-premises once/week
collection.
.,I 96-gallon capacity
per (4)dwellinq units.
MFD/Commercial Frontloader collection 325 yards/route/day 4
1
4 4
1
4
Recycling -FEL 81n vehicles procured from
Service C ity.
tI'Centralized (shared)Service I -6 Times
on-premises Weekly -Not less than
collection.once/week
tI'96-gallon capacity
per (4)dwelling units.
tI'Push/pulls,locks - no
charge.
tI'Approx.service
location and time
mutually agreed
upon.
All Generators Useexisting MVD fleet 6 pulls/route/day Depends on need
Drop Box/Compacter 10-40CY debris boxes
Recycling 10-40 CY compactors
tI'On-premises Service ,-6 Times
collection.Weekly;and/or On-Call
.,I Push/pulls,locks
available for
surcharge
tI'Service location
designated by
customer
City Sponsored Events Collection is As requested by City.FromMVD fleet.as
Solid Waste customizable to event.needed.
Collection as specified Any single collection
by City.system or combination
of any/all systems
described above may
be utilized.
Proposal to the Ci ty of Fres no
MFD and Commercial Solid Waste,Recyclable Materials,and Organic Materials Services
Se ction 2.14
MFD/Commercial -Recyclable Materials
Cart/Bin Collection Methodology,Equipment,and Personnel
Recyclable materials collection services are performed utilizing the same collection system and driver
procedures as described in Section 2.1 -Solid Waste Materials Collection.Again,MVD proposes two base
collection systems for recyclable materials collection as indicated in the preceding Chart:a)the standard
automated sideloader and 96-gallon wheeled carts and a one highly trained ,professional driver,or b)
standard straight-frame frontloader collection vehicles procured from the City,and bins in sizes 1 to 7 cubic
yards and one highly trained,professional driver.MVD will attempt to right size recyclable materials
services such that collection occurs for each customer once per week to minimize carbon emissions and
increase efficiency.However,space constraints and/or customer preference may require more frequent
collection
It is important to note that the draft Franchise Agreement indicates that the City's contractor isto make a
good faith effort to provide recyclables collection to all MFD/Commercial customers,with target recycling
capacity of 24 gallon per week per dwelling unit.MVD will utilize its staff of five public educationlrecycling
technical assistance specialists to contact each account prior to start of service to perform recycling
opportunity audits and inform customers of program options and service enhancements .MVD to make that
initial effort really count with an objective to divert as much waste as possible from the outset,steadily
mining the waste stream for increased diversion throughout the term of the agreement.
The information in this subsection pertaining to collection methodology,equipment,and personnel is
identical to the information presented in Section 2.1 -Solid Waste Col/ection .
Contamination
Contamination detection will be easier since MVD will mount hopper cameras on all collection vehicles.
Also,MVD drivers are required to check for contaminants in recyclable materials and organic materials
container if and when they dismount the collection vehicle to position the container properly for emptying.
During that time they are required to flip the lid of the container and check the contents.If contamination is
visible the container may be tagged with a Corrective Action Notice.MVD recycling drivers will call the office
to report the contamination,and a public education specialist will visit the customer to lend assistance and
do training.All information will be logged into MVD 's customer management database -ProWaste.
Proposal t o t he City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organic Materials Services
Section 2 .'15
Service Enhancement:Recyclable Materials Processing Option
See also Section 3.
Finally,under the current arrangement,recyclable materials are to be hauled to Sunset's material recovery
facility.However,MVD wishes to make the City aware of the availability of MVD's material recovery facility
located at its operations base in Kerman.This 50,000 square foot bUilding houses a state-of-the-art sort line
developed by CP Manufacturing.There is ample processing capacity to process the City 's materials.Should
the City award a collection contract to MVD,the Company will be in the position of offering the City an
attractive processing option,as revenues from the sale of recyclable materials generated in Fresno can
offset collection costs .Additional information on the facility and a copy of its permit are included in Exhibit
2.1 .The letter on the follOWing page indicates the terms,including MVD's pricing strategy,of MVD's offer to
the City .
A materials marketing plan for the City's review follows the letter.MVD generally markets its materials direct
to buyers,without use ofa broker.
Proposal t o the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organic Mater ials Services
Section 2 .16
MID VALLEY DISPOSAL
City of Fresno
2600 Fresno St
Fresno,CA 93721
Alternative Recyclables Processing
August 2010
In the alternative proposal you will find completed cost forms for delivering mixed '
recyclables to our Material Recovery Facility located just West of Fresno.We have a state of
the art processing line which was built in 2007 to deliver the highest recovery of end use
commodities .Mid Valley Disposal Recycling and Transfer Station has a designed capacity of
1000 tons per day.Our current through put is at 210 tons per day.We have an additional
capacity of 290 tons permit capacity and a design capacity of 790 tons per day .
We currently process mixed recyclables from 23,000 single family homes and 6,500
businesses .We guarantee to the City of Fresno will have ample processing capacity
throughout the term of the Franchise agreement.There are many incentives to the City of
Fresno for choosing Mid Valley Disposal MRF.
Currently City pays to have the recyclables processed at another facility,this would
cease immediately.Fresno would no longer pay for the processing and residual.In the rate
sheets you will find a $5.00 per ton fee,this tipping fee will be paid by MVD to the City of
Fresno .In Addition to the tipping fee,Mid Valley offering an additional $5 .00 per ton royalty
fee;bringing the total to $10 .00 per ton for mixed recyc lables .Also,we are confident at our
ability to educate businesses on proper recycling that we will assume all responsibility for any
residuals in the mixed recycling waste stream.The City will not be billed for any residuals
remaining in the waste stream .We calculated the estimated additional annual revenue to the
City of $60,000.00 per quadrant.
Joseph Kalpakoff
Vice President
Mid Valley Disposal
Propo sal t o thG City of Fresno
MFD and Commercial Solid Waste ,Recyclable Materials,and Organ ic Materials Services
Secth1n 2 .1T
Materials Markets for Fresno City/County/Region
Commodity Primary Market Secondary Market
METALS
Aluminum Cans Allen Company Berg mill supply
(Fresno,CAl (Beverly Hills,California)
Aluminum Foil
Ferrous/Tin Cans Western mela!Levis Iron &metal
(Household Source)(Fresno,CAl (Fresno,CAl
Mixed/Ferrous-Based Same as above Same as above
Scrap Metals
Mixed Non-Ferrous Scrap Same as above.Same as above .
Metals
GLASS
Glass Bottles and Jars Strategic materials Allen Company
(Fresno,CAl (Fresno,CAl
PLASTICS
Plastics 1 - 7:
Envision Plastic America Chung Nam
Containers (Chino,CAl (Export Markets)
(Excluding Styrofoam)
Plastic Bags Same as above .Same as above.
PAPER
Mixed Paper American Chung Nam Potential Industries
(Export Markets)(Export Markets)
Corrugated American Chung Nam Berg mill supply
(Export Markets)(Beverly Hills,Ca lifornia)
OTHER
Household and E-Recycling Internat ional Electronic Recycling
Rechargeable Batteries (Hayward,CAl (Fresno,CAl
Cell Phones Same as above .Same as above .
Proposal to the City of Fresno
MFD and Commercial Solid Waste ,Recyclable Materials,and Organ ic Materials Services
Section 2 ·1B
Recyclable Materials
MFD/Commercial Collection Services:Driver Protocol
The Recyclable Materials Collection Activity Sequence for bin customers is identical tothe one described for
solid waste collection,with the added step of the contamination check as indicated in the previous
subsection.
Propo sal to theCityof Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organic Materials Services
Se ction 2 •19
MFD/Commerciai Recyclable Materials
RolI..Qff/Compactor Collection Methodology,Equipmen~and Personnel
Please refer to Solid Waste Collection -Roll-Off/Compactor.The collection methodology,equipment,and
personnel requirements for recyclable materials collection is identical to what is described therein,except it
is assumed that loads are 100 percent recyclable.All franchised loads will be hauled to the City's
designated processor.
Proposal to the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organic Materials Services
Sect ion 2•20
)
MFD/CommerciaJ Recyclable Materials
Roll-otf ICompactor Collection Services:Driver Protocol
This information is identical to that presented in Solid Waste Collection.with the exception that drivers will.
again,make the extra effort to perform contamination checks and report contamination such that the
Company can schedule a visit to the customer for education and training by a MVD public
education/recycling technical assistance specialist.
Proposal to theCityof Fresno
MFD and Commercial Solid Waste .Recyclable Materials ,and Organic Materials Services
Section 2 •21
M'D ""~V Dtll.-oaAL
4...-t ~......to '.....<o r~~"""....
MFDlCommerclai Recyclable MaterIals
City-Sponsored Events Collection Methodology,Equipment,and Personnel
Please refer to Solid Waste Collection.Collection methodology,equipment,and personnel are the same as
indicated therein,with the exception that recyclable materials will be hauled to the City's designated
recyclable materials processor for sorting and marketing.Drivers will perfonn contamination checks as
indicated for the other collection systems.
Proposal to the Cityof Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organic Materials Services
Section 2 •22
2.3.1
Technical Proposal I Organic Materials Collection
Assumptions and Specifications
Generator Type/Collection System Productivity Assumptions No. of Units by
Service Detail Service Area
1 I 2 3 1 4
MFD/Commerclal Use Existing MVD fleet 250 stops/route/day 1 1 1 1 1 1OrganicsCollection-Service ,-6 Times
Cart Service Weekly -Not less than
v'Individual or once/week
centralized (shared)
on-premises
collection.
v'96-gallon capacity
oer (41 dwellinQ u nits.
MFD/Commerclal Frontloader collection 200 yards/route/day 1 1 1 1
1
1
Organics Collection - FEl vehicles procured from
BinService City.
v'Centralized (shored)Service J-6 Times
on-premises Weekly -Not less than
collection.once/week
v'Tailored approach.
v'Push/pulls, locks- no
chorge.
,/Approx.service
loc ation and time
mutually agreed
upon.
All Generators Use existing MVD fleet 6 puns/route/coy Depends on need
Roll-Off/Compacter 10-40 CY debris boxes
Organics Collection 10-40 CY compactors
,/On-premises Service I - 6 Times
collection.Weekly;and/or On-Call
v'Push/pulls,locks
available for
surcharge
v'Service location
des ignated by
customer
City Sponsored Events Collection is As requested by City.From MV D fleet.os
Organics Collection customizable to event.ne eded.
Co llec tion as specified Any single collection
by C ity.system o r combination
of any/all systems
described above may
be utilized.
Proposal t o th e City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organic Materials Services
Section 2 .23
MFD/Commercial-Organic Materials
Cart/Bin Collection Methodology,Equipment,and Personnel
Please refer to Solid Waste CollectiDn.The collection methodology.equipment,and personnel requirements
for organic materials collection is identical to what is described therein.except itis assumed that additional
observation and reporting of contaminants will occur,as well as additional continual customer training .All
franchised loads will be hauled to the City's designated processor.
MVO's public education and recycling technical assistance specialists will research and apply for grant
money for containers,such as kitchen pails.and collateral materials.Tremendous effort will be put forth by
MVO's public educationlrecycling technical assistance specialists to promote the availability of recycling
technical assistance and the organics collection program,as well as the City's diversion goals.
Contamination
Contamination detection will be easier since MVO will mount hopper cameras on all collection vehicles.
Also,MVO drivers are required to check for contaminants in recyclable materials and organic materials
container if and when they dismount the collection vehicle to position the container properly for emptying.
During that time they are required to flip the lid of the container and check the contents.If contamination is
visible the container may be tagged with a Corrective Action Notice.MVD recycling drivers will call the office
to report the contamination.and a public education specialist will visit the customer to lend assistance and
do training .All information will be logged into MVO's customer management database -ProWaste.
Proposal to the City of Fresno
MFD and Commercial Solid Waste ,Recyclable Materials,and Organic Materials Services
Se ction 2. 24
Organic Materials
MFD/Commercial Collection Services:Driver Protocol
The Organic Materials Collection Activity Sequence for bin customers is identical to the one described for
solid waste collection ,with the added step of the contamination check as ind icated in the previous
subsection.
Proposal t o the City of Fresno
MFO and Commercial Solid Waste,Recyclable Materials,and Organic Materials services
Section 2.25
MFD/Commercial Recyclable Materials
Roll-Off/Compactor Collection Methodology,Equipment,and Personnel
Please refer to Solid Waste Collection -Roll-Off/Compactor.The collection methodology ,equipment,and
personnel requirements for organic materials collection is identical to what is described therein,except itis
assumed that additional observation and reporting of contaminants will occur,as well as additional continual
customer training.All franchised loads will be hauled to the City's designated processor.
Proposal t o the Ci ty of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organic Materials Services
Section 2 · 26
MFD/Commercial Solid Waste
RolI·Off ICompactor Collection SelVices:Driver Protocol
This information is identical to that presented in Solid Waste Collection,with the exception that drivers will,
again,make the extra effort to perfonn contamination checks and report contamination such that the
Company can schedule a visit to the customer tor education and training by a MVD pUblic
education/recycling technical assistance specialist.
Propos al to theCityof Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organic Materials Services
Section 2 •27
Contamination
Contamination detection will be easier since MVD will mount hopper cameras on all collection vehicles.
Also,MVO drivers are required to check for contaminants in recyclable materials and organic materials
container if and when they dismount the collection vehicle to position the container properly for emptying.
During that time they are required to flip the lid of the container and check the contents.If contamination is
visible the container may be tagged with a Corrective Action Notice.MVO recycling drivers will call the office
to report the contamination,and a public education specialist will visit the customer to lend assistance and
do training.All information will be logged into MVD's customer management database -ProWaste.
Recyclable Materials Processing Option
Finally,under the current arrangement,recyclable materials are to be hauled to Sunset's material recovery
facility.However,MVD wishes to make the City aware of the availability of MVD's material recovery facility
located at its operations base in Kerman.This 50,000 square foot building houses a state-of-the-art sort line
developed by CP Manufacturing.There is ample processing capacity to process the City's materials.Should
the City award a collection contract to MVO,the Company will be in the position of offering the City an
attractive processing option,as revenues from the sale of recyclable materials generated in Fresno can
offset collection costs.Additional information on the facility and a copy of its permit are included in Exhibit
2.1.
Proposal to the of fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organic Materials Services
Section 2 •28
2.3.2
Technical Proposal I Organic Materials Processing
Compostable materials collected in Fresno under the proposed Franchise Agreement will be direct-hauled
to MVD's material recovery facility which includes an organics preprocessing operation .Information on the
facility,including the Solid Waste Facility Permit,is included in Exhibit 2.1.Materials will be preprocessed on
site and transferred to Kochergen Composting in Kings County orto City of Fresno's anaerobic digester..
After a careful review ,MVD is decidedly interested in utilizing the City's available anaerobic digester
capacity for a portion of the organic waste generated in Fresno.MVD would like to receive additional
information about the ideal waste compos ition profile and tolerances for organic stream components
acceptable for the process .MVD has the ability to sort,grind,screen,and transfer organic waste to the
City's facility and to the City's specifications .
Additionally,as a second option,while the RFP designates ADC as a non -productive market for organic
material,MVD notes that there is no permitted composting facility in Fresno County accepting food waste,
and that even the City 's composter West Coast Waste Composting,is not permitted to accept food waste;
West Coast Waste Composting is permitted to accept green waste and wood waste .As there is not a
permitted composting facility that accepts putrescible wastes in Fresno County,MVD asks the City to allow
ADC as an acceptable marketing option,as the State still does allow the counting of ADC toward diversion
credit.
The City should note that MVD is very interested in finding a viable option that meets all parties'objectives
and parameters ,but that allows organics collection to advance while processing facilities and markets
evolve.The Company is open and willing to discuss this matter further with the City and is interested in
doing whatever it can to find a viable solution .MVD also notes that a related party operates a fully-permitted
composting facility in Kings County .
Name of Facility Location and Owner
Mid Valley Disposal
15300 W.Jensen Avenue
Kerman,Cal iforn ia 93630
559-843-2467
Proposal to the City of Fresno
MFD and Commercia!Solid Waste,Recyclable Materials,and Organic Materials Services
Sectio n 2 .29
Site Manager
Joseph Kalpakoff
Telephone:559-843-2467
Types of Materials to Be Collected
See information which follows.There are some challenges in Fresno County relating to permitted organics
processing capacity.Mid Valley is here to discuss next steps to achieve the capacity the City requires in
order to support an organics collection and processing program that includes legitimate markets.This list
will match available legitimate processing and marketing channels.
Processing Fee
MVD will charge a processing fee of $6 per ton for organic materials processing.
Facility's Plan to Comply with Local APCD Regulations
Please see the solid waste facility permit and accompanying documentation included as Exhibit 2.1.MVD is
in compliance with its permit for grinding of green waste processing in Fresno County.As objectives
advance between Fresno and MVD.the Company will gain a clearer perspective of what the deliverables
are in terms of marketing outcomes.versus the available processing capacity of legitimate markets.There
are many emergent markets in California for organic materials,and MVD will continue to follow this
information and to engage in piloting new markets for organic materials as they come on line.
Prospective Organics Tons
The following chart represents the tons of organic materials per one quadrant based on State waste
composition information applied to City tonnage information.Based on the tonnage information given,the
available markets,as well as MVD's confidence in forging markets,the availability of additional composting
capacity in Fresno County,and the results of publc education and recycling technical assistance efforts,
MVD believes the organics stream will develop as per the following chart.
Yeor Est.Organics Tons
Collected
2011 400
2012 750
2013 1200
2014 2000
2015 2500
Proposal to thE,Cit)'of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organic Materials Services
Section 2 ~30
2.3.3
Technical 'Proposall Organic Materials Marketing
Organic materials markets collected in Fresno is emergent.as it is with most of the state.The information
presented in the text box on the following page is infonnation WD gleaned from CalRecycle's website with
respect to market development for organic materials specifically in Fresno County.
MVD Is willing to form a collaborative partnership with the City of Fresno,as it has with its other cities (see
the Letters of Reference included with the transmittal letter)in order to develop and secure markets for
organic materials.This is essential in the City's ability to achieve 75 percent diversion.
Propos al to the City of Fresno
MfD and Commercial Solid Waste,Recyclable Materials.and Organic Materials Services
Section 2·31
Selling Compost Products
Marl<ets forcompost products have changed dramatically during the past decade.In 2000,the CalRecyde conduded that another 9
million tons of organic materials needed to be recycled under anticipated scenarios for meeting IWMA goals.To accomplish that,
new markets needed to be developed,particularly in the agricultural,landscaping ,and horticultural industries .
Impacts of Electricity Deregulation
Califomia 's composting industry was partly built in the late 19805 on facilities selling biomass fuels produced from yard and wood
wastes for electricity production.Biomass plants had been built throughout the state in response togovemment incentives adopted
in the late 1970s and early 1980s to make California less dependent on foreign oilforitsenergy needs .
Biomass plants in the early 19905 bought wood chips from $20 to $40 per bone-dry ton.This enabled many composting facilities to
amortize their investments in processing equipment and to accept yard and wood wastes at low enough costs to compete with
landfills in their areas.By the mid-1990s,proposals were seriously circulating to deregulate the electricity generating industry in
California.The proposals impacted the composting industry particularly hard.
The prices electric compan ies had paid forelectricity produced from biomass-fueled generating plants we re dropped dramatically.
This was due to anticipation of legislation authorizing electric deregulation (Chapter 854 ,Statutes of 1996 [Srulte ,AS 1890]),The
average prices paid for biomass wood wastes dropped to $0 to $10 per bone-dry ton today (although some facilities may get upto
$20 per bone-dry ton forhigh quality material.)
Asa result of this pressure,com posters were forced to raise their tipping fees toobtain mere revenue from the processing of
materials and to diversify their marl<ets.Although the diversification of markets proved beneficial in the long run,the higher tipp ing
fees requ ired forcomposters exacerbated the problems with ADC noted above.
Agricultural Markets
The CaIRecyde recogn iZed the need to diversify compost ing markets in partnership with Cal ifomia's agricultu reindustry.Since
1994,the Cal Recycle has been actively involved in funding demonstration projects tha t field-test the uses of compost and mulch in
va rious situa tions .
The CalRecyde has funded field projects that monitor the effects of compost on crop and soil produdivity .Other Cal Recycle
projects have examined the use of compost asa soil erosion prevenlion too l.In addition ,the Cal Recycle has developed reg ional
partnerships with various growers and communities to promote the use of compost and mulch through field days and
demonstrations .Through all these efforts,compost has been shown to have a wide range of beneficial uses in both agriculture and
pollution control activities.
AgriCUltural demonstrations have been completed in:
Fresno County
Monterey Bay region
San Jose region
Stanislaus County
Tulare County
Southern California
Compost and mulch are also currently being examined forthe ir erosion control properties.The CalRecyde contracted with the
California Department of Transportation (Ca ITrans)to conduct research on the use of mulch 10 conlrol erosion on highway righls-of -
way .Vineyards also have been interested in using mulch asa cost -effective anernalive to slraw and cover crops for hillside erosion
contro l.
Growing operat ions continue 10 expand onto hills ides ,and many jurisdictions are beginning to requ ire mitigat ion measures for such
erosion contr ol .The Cal Recycle has funded two hillside vineyard erosion control projects in Napa and Sonoma Counties ,aswell as
research on the use of mulch in controlli ng erosion in citrus orc hards in Ventura Cou nty .
Other poten tial markets forcompost and mu lch include:
Horticulture
Wetland restorat ion
Bic-remediation ofair and wastewater streams
Mine redamation
The CalRecycle is funding two new projects with the Un ivers ity of Cal ifornia-Davis this year to explore innovative uses of compost
and mulch by end users .Specifically ,UC Davis will be evaluati ng the use of compost to control phylloxen in vineyards and the use
of compost on cover crops for vegetable product ion .
~'t (m ()":1 1 t o the City of Fresno
MFD and CommercialSolid Waste,RecyclableMaterials,andOrganic MaterialsServices
Section L -32
2.4
Technical Proposal I Implementation Plan
As indicated in Section 1of this Proposal,MVD has obtained some of its collection contracts through the
competitive bidding process and has,in one instance implemented a contract and privatized collection at the
same time.MVD has above average similar service initiation experience.The outcome of this experience is
that MVD has learned that the following measures ensure success:
Collaboration :A collaborative process between involved parties assures a smoother transition.Regular
communication is essential,and MVD recommends regular coordination meetings beginning right after
the contract are signed .
Thoughtful,fluid plann ing: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.
~Expert execution of tasks :MVD's team of seasoned industry professionals-all personally experienced
in contract start-ups-will ensure that each tasklsubtask is completed within the specified timeframe
and to City specifications.
The Chart on the following page represents the key activities and dates associated with them.
Proposal t o I hl:Ci ty 01Fresno
MFD and Commercial Solid Waste ,Recyclable Materials,and Organic Materials Services
Section L .:3 3
Implementation Schedule
10 Task start Dote End Date
1 Contract Award/Negotiations 10-01-10 11-01-11
Cltv-Houler Weekly Coordination Meetings Begin
2 Site Related Activities 11-01-11 11 -15-10
Reopen Fresno Office
3 Driver Hirinq.Orientation.and Traininq 11-15-10 12-01-10
4 Customer Service Representatives 11-15-10 12-01-10
Hirina.Orientation,and Traininq
5 Systems Development -Accounting and Customer 11-15-10 12-15-10
Service/Database Management
Tracks with RouffnQIMoooino.and Auditino
6 Systems Development -Routing/Mapping II ..
Verify Service Addresses.Billing Addresses,Service Types.and
Frequencies
TumRoutes Over to City for Approval
7 Public Education and Outreach Planning -10-15-10 11-15-10
lncludlno Website Updates
8 Notification to AllCustomers of Program Changes and 12-15-10 -
Availabilitv of Recyclinq Technical Assistance
9 Vehicle Procurement.Reqistration.Maintenance,Painting 11-15-10 12-15-10
10 Service Start Date 01-01 -11 -
11 Recvc linq Opportunity Audi ts 11-15-10 Onaoinq
Proposal to the Ci ty of Fresno
MFD and Commercial Solid Waste.Recyclable MateriaMVD,and Organics MateriaMVD Services
Section 2 . 34
.
2.5
Technical Proposal I Billing
MVD has reviewed the RFP and draft Franchise Agreement as to the City's billing and collection
requirements.MVD currently performs billing services in the jurisdictions referenced in the following chart.
Billing samples are included as Exhibit 2.3 .
Jurisdiction
C ounty of Fresno
County of Fresno
County of Fresno
C ounty of Kings
C ounty o f Kings
~9_u n t y o f Kings
Armona
Armona
Avenal
Avenal
C oalinga
Coalin ga
Fireb augh
Firebouqh
Huron
Huron
Kerman
Kerman
Kettleman City
Kettleman C ity
Laton
Laton
Mendota
M endota
San Joaquin
San Joaquin
~e n e r a t or Type
Commercial
Commercial
Residentia l
Commercial
Residential
Residen tial
Commercial
Res identiol
Commercial
Res idential
Commercial
Residentia l
Commercial
Residen tial
Commercial
Residential
Commercial
Residential
Commercial
Residentia l
Commercial
Residential
Co mm ercial
Res idential
Commercial
Res idential
Cycle
Monthly in Advance
Monthly in Arrears
Bi-Monthly in Advance
Monthly in Advance
.~j::M9.Df.I:lJYJ!1.~9.-~9.D ce
.M9nthJy.1n .A.rr~.~__
Monthly ln Advonce
,.MQ.Q!!tt 11}..Arr~9rs
;M.9...rl.thIYiQ ./~rr~9~
~.QtJlbly in AI!~.g~
Monthly in Arrears
Monthly in Arrears
Monthly inAdvo nce
Monthly in Arrears
Monthly in Arrears
Monthly in Arrears
Monthly i n Arrears
Monthly in Arrears
Monthly in.ArreQI}.
Monthly in Arrears
M onthly in Arrears
M onthly in_Arrears
M onthly in Arrears
Monthly in Arreors
M()ntbJX lD Ar:r~q.~
Mo nthly in Arrears
Proposal to the City of Fresno
MFD and Commerclal Solid Waste,Recyclable MateriaMVD,and Organics MateriaMVD SeTVices
Section 2 •35
.....I D V .....,,£'f 0 ••.-0.........
Billing Procedures
The following schedule conveys MVD's billing procedures and process.
step
1
2
3
4
5
6
7
8
9
10
11
Description
Customer service change requests are completed.and financial
adjustments are posted .
Customer service change requests are verified by the accounting
manager to find potential data entry errors.
Excel reports are run to verity customer accounts are coded with
correct billing cycles.service codes,and division codes.
Aging reports for all lines of business are printed.
Recurring billing charges are assessed and posted.
Statements are printed by aging categories .
Summary billing reports are printed.
Ag ing reports for all lines of business are printed.
Charges are closed.
Aging category data is adjusted for new billing period.
Statements are taken to outsourcer for mailing.
As indicated in Section 1,MVD has implemented several city-wide collection contracts and has successfully
created customer/billing databases in those processes .Because the City is the service provider at this time,
and based on the excellent quality of the information provided by the City to proposers in this process,MVD
anticipates having no problems transferring of data and initiating billing of Fresno commerciaUMFD
contracts.
Transmission of Billing Data and Sample Invoices
MVD utilizes ProWaste software.All account and activity information is easily downloaded into Microsoft
Excel,where it can be easily manipulated into report formats that are agreeable to the City.The software is
very versatile.Sample reports are included in Exhibit 2.3.
Accuracy of Information
Billing information will be verified prior to the start of service through the physical route auditing process,as
well as through the response received from customers once notification of the new program has been sent
out.Furthermore,MVD continually audits its routes .If ever there isa discrepancy,ora customer does not
understand his/her bill or he/she believes there is an error,MVD sends a customer service representative to
the site to check the premises and meet with the business or property manager, if need be,in order to
correct any inaccuracies .Also ,MVD is very proactive with contacting its customers by telephone.
Propo sal t o the Ci ty of Fresno
MFD and Commercial Solid Waste,Recyclable MateriaMVD,and Organics MateriaMVD Services
Section 2.38
)
Customer Service Relative to Billing Demands
MVD's customer service department responds to billing inquiries at the time of call .If research is required
Customer service response time is responded to in less than 1 hour.If a site visit from a manager is
required it is accomplished ina 24 hour period.
Bad Debt Experience
MVD has a very low percentage of delinquent accounts.The Company has an organized and proactive
approach in place to minimize the accumulation or continuation of bad debt.Customers are called when
accounts are 45 days past due.They are given the opportunity to make a payment by Visa,Master Card,
Discover,or check by phone.If payment is not received by the following service day they are put on stop
service.The service is interrupted for three weeks .If no payment has still been received a second phone
call is made to advise the customer that the container will be removed if payment is not received.MVD will
accept low good faith payments to prevent containers from being removed and using a third party collection
agency.
Only 137 accounts have been sent to collections in the last five months totaling 1%of revenue that is due.
which isa very low percentage of bad debts to service revenue due.
Proposal to the Ci ty of Fresno
MFD and Commercial Solid Waste,Recyclable MateriaMVD,and Organics MateriaMVD Services
Section 2 .37
2.6
Technical Proposal I Customer Service
MVD is committed to provid ing services of the highest quality .Also,the Company intends to deliver those
services with pride and pro fessi onalism.Furthermore,MVD understands and keeps in mind that service is
all it has to offer.Not only that,but none of the affiliate companies would have been in business as long as
they have if rendering excellent service weren't such a high priority.
MVD's key personnel,through their extensive personal histories as well as respective company histories,
have leamed that people generally do care about their garbage,which becomes quite evident if they ever
happen to experience a missed collection-or even a perceived missed collection .People have come to rely
on it,and because of that ,the company is committed to deliver as promised .
The Company's commitment to quality service that when customers are disappointed or upset,the MVD
approach isto avoid labeling as to who is right or wrong,but instead simply seek a solution that satisfies the
customer.MVD customer service representatives are continuously reminded to think like a customer.
MVD's Customer Service Manager,Lisa Helm is committed to quality performance,which is evidenced by
the longevity and success of her varied career in waste management.She knows how excellent customer
service sustains contracts which translate into revenue and over time,with wise management make a
company established and vital in the community .Lisa's decades experience as a customer service
representative then manager in the solid waste and recycling field.She has a calm,organized demeanor
and a can-do attitude,and will administer this customer service program with the Company's complete
confidence in her .Please refer to Section 3to review the resumes of these individuals .
The Company is also fortunate to have on board a talented Operations Manager who relates well to drivers,
the public ,and can quickly find a resolution to challenging situations and when under pressure.His fairness
garners driver respect;his ability to communicate with individuals at all levels and of all walks of life makes
him approachable .
With these sorts of key people at the helm,MVD is confident that the ~component of the Company will
please the City and citizens of Fresno .MVD knows that it's the frontline peop le that make all the difference:
drivers,customer serv ice representatives ,field service supervisors .The cleanliness and appearance of
company equipment also makes a statement,as does the appearance and energy of the front office.
Pr o posa l t c ti,,?City of F(",$GO
MFD and Commercial Solid Waste,Recyclable MateriaMVD,and Organics MateriaMVD Services
Section 2 .18
These are the core concepts of MVD's customer service program :
First impressions matter:Whether the first impression that registers with a customer isa phone call
with one of our customer service representatives,or the observation of MVD service performance or
driver mannerisms,or the appearance of collection vehicles :friendliness,neatness,simplicity,
appropriateness.reliability,caring,and concem are all attributes that either help or hinder ongoing
customer relations.Milliseconds count.MVD will therefore always keep this in mind and try to make an
excellent first impression .
Courtesy counts:Most people are very decent.It is MVD's experience that even if a customer is
angry ,when they are allowed to vent their frustrations and feel as though they were treated with
respect,they will usually become calm and offer a "thank you"at the end of a call.If this can be
accomplished,the customer has been won over.and the employee feels relieved.MVD's goal will
always be to make the best effort to have customer interactions begin and end on a positive note.
Doing theright thing is always most rewarding :MVD encourages doing the right thing by reviewing
problematic situations/posing hypothetical problem situations at training or coordination meetings and
asking :First,jf an employee knows issues will be constructively reviewed they will put more effort into
managing customer interaction correctly because they will know their performance is monitored and
does matter.Second,MVD believes that most people know what the right thing to do is,but often either
do not feel empowered to do the right thing,or have had past experiences where their good decisions
and actions were not acknowledged .The Company will make the effort to recognize good customer
service and will always review challenging situations-even when they were perfectly managed-such
that the entire customer service staff can benefit from the experience .
Proposal to the City oi Fresn o
MFD and Commercial Solid Waste ,Recyclable MateriaMVD ,and Organics MateriaMVD Services
Section 2.39
Customer Service Training
MVD customer service staffing is comprised of one receptionist and four customer service representatives
(CSRs).Each CSR is provided with a resource manual that lists pertinent details about each jurisdiction,
service and program requirements.and other general information to enable CSRs to promptly,
professionally,and courteously respond to customer requests.A copy of the resource manual is included
with this submittal in a separate binder.
New hires sit with a highly experienced CSR for five days for observation and training .They are then
shadowed and coached by a CSR for three weeks.Each new CSR is placed at desk near the Office
Manager so that calls can be monitored and we can continue to improve CSR skills.Formal training is
conducted monthly with impromptu training daily and weekly depending on need .
Phone Call Metrics
All incoming telephone calls are answered in three rings or less by a human being.Standard protocol is that
a live receptionist answers on the first ring and directs call to proper department.A CSR will answer the call
directly on the second ring and assist the caller.In the rare instances when the telephone rings a third time,
a manager will answer and assist the caller.MVD's average hold time is less than twenty seconds
MVD's receptionists answer an average of 4082 calls each month.The customer service department
currently receives and responds to an average of 1230 phone calls a month.Additional phone call facts:
m 1%of calls are billing inquiries.
t;l 31 %of calls are pay by phone requests.
l:1 38%of calls are service level changes
t:1 16%of calls are information requests
14%of calls are perceived missed collections .
Email and web response times are immediate .Management is equipped with mobile devices to receive
emails.
Proposal to the City of Fresno
MFD and Commercial Solid Waste,Recyclable MateriaMVO,and Organics MateriaMVD Services
Sec tion 2. 40
2.7
Technical Proposal I Environmental Considerations
Abandoned Waste Collection
MVD will respond to observations of abandoned waste by the City or MVD personnel.Based on the
description of material as reported by City staff or MVD personnel,the Operations Manager will generate a
work order that day and dispatch the appropriate personnel to perform the clean-up.Every attempt will be
made to collect the waste on the same day reported.For abandoned waste reported on Friday,the waste
will be removed on Saturday.After removing the waste MVD will ensure that the area is clean of any spills
as well.Abandoned waste material will be reported as specified in the Agreement.
Hazardous/Unpermitted Waste
If MVD personnel encounter hazardous or unpermitted waste during collection activities and prior to
dumping,an attempt will be made to contact the generator immediately .If the generator proves
unreachable,the material will be left,and a Corrective Action Notice will be applied to the container
indicating the reason for non-eollection and also directing the generator to the Alameda County Household
Hazardous Waste program .This information will be recorded in MVD's customer database (see Section
2M).If the waste poses an eminent threat to people or property MVD will immediately contact the closest
Fire Department.In the case where the hazardous material are discovered at the landfill or transfer station
and an attempt will be made to identify the generator to request removal and proper disposal.If identification
of the generator is not possible or the generator fails to claim and handle the material,MVD will arrange for
proper disposal of it.The generator,if known,will be billed for proper disposal.Additionally,MVD's
hazardous waste,spill response,and fire response protocol is included on the following pages.MVD will
implement a Load Inspection Program to further address this issue as per the draft Agreement.
Proposal to the City of Fresno
MFD and Commercial Solid Waste,Recyclable MateriaMVD,and Organics MateriaMVD Services
Sec ti on 2 .4 1
HazardouslWaste Screening Protocol
The objective of MVD's Hazardous/Unpermitted Waste Screening Protocol isto prevent forbidden wastes
from entering the waste stream through any of the weekly collection services or special services provided by
MVD,andlor to manage forbidden wastes inadvertently collected through weekly collection or special
services.Hazardous/unpermitted wastes include:
1)Materials that are not Solid Waste,including Universal Waste1,household hazardous
waste and other hazardous waste,medical waste,radioactive waste;
2)Waste tires in excess of the limitations prescribed in14 CCR 17355(b)or reduced in
volume as required in 14 CCR 17355(A);
3)Any other materials that cannot be disposed ofin class II sanitary landfill described in
27 CCR 20250 .
Fully-automated collection systems protect worker health and safety by creating a buffer between worker
and waste.These systems make it more challenging to detect the entry of unpermitted wastes into the
waste stream .The following components deter improper disposal of unpermitted wastes :
Customer Education
MVD will educate its customers about hazardous/unpermitted wastes through every outreach campaign
element used .
Employee Education
All new employees will receive training regarding hazardous/unpermitted waste identification,safety,and
notification procedures.Furthermore management,drivers,and customer service representatives will
receive annual hazardous/unpermitted waste screening protocol training.Drivers will be reminded about the
importance of unpermitted waste screening protocol at each monthly safety meeting ,and will receive
additional training as needed based on field incidents .MVD will include identification training of unpermitted
wastes with special emphasis on hazardous wastes,flammable,combustible,and explosive material.Upon
contract award,MVD will circulate its draft Hazardous/Unpermitted Waste Screening Protocol to the
1 Un iversal Waste means 'haza rdous wastes that are universa l waste (as defined and listed .respecti vely,in 22 CCR §66273 .9,such as
batteries thermostats .lamps .cathode ray tubes .computers ,telephones.answering mach ines,radios .stereo equipment tape
players/recorders .phonographs.video cassette players/recorders .compa ct discplayers/recorders.calculators ,some appl iances.aerosol cans
and certa in mercury-conta ining devices)exempt from the hazardous waste management requ irements of chapter 6.5 Division 20 of the
Californ ia Health and Safety Code and subjecttothe universal waste management requirementsof Chapter 23ofDivision 20of the California
Health and Safety Code:
Proposal to the City of Fres no
MFD and Commercial Solid Waste,Recyclable MateriaMVD,and Organics MateriaMVD Services
Srlct ion :2 •42
MVDlRre Department for review and input such that the final document reflects local jurisdiction emergency
response policy and procedure.
Detection
Because collection services are automated,MVD collection vehicles feature hopper cameras and drivers
will be instructed in their use.
Proposal to theCity of Fresno
MFD and Commercial Solid Waste .Recyclable MateriaMVD ,and Organics MateriaMVD Services
Sectio n2•43
Spill Response Plan
In the event that any unpermitted waste or hazardous waste is disposed with the solid waste stream,
immediate and appropriate action will be taken to contain and remove it.Operations personnel are trained
both in unpermittedlhazardous waste identification and appropriate responses to unpermittedlhazardous
waste incidents.MVD's inside risk management team maintains OSHA qualified on-site responders to
hazardous material incidents in accordance with OSHA Standard 29CFR1910.120,Hazardous Waste
Operations and Emergency Response.Periodic training is provided and recorded in order to ensure skill
proficiency.
The following procedure is used for identifying and handling hazardous/unpermitted waste:
1)Notification of hazardous/unpermitted waste disposed of in the waste stream will be communicated
from the driver in the field to dispatch.
2)Dispatch will notify an operations manager for determination of appropriate response level.
3)Simultaneous contact will be made with the maintenance department for the spill response team to
assemble and disburse.
4)Coordinating instructions will be issued and executed.
5)Trained personnel will be assigned the task of inspecting any material suspected of containing
hazardous/unpermitted waste.Inspection involves identification of both labeled and unlabeled
hazardous/unpermitted waste containers and material.
6)Proper emergency response agencies for oversight and assistance to ensure public safety.
7)An appropriate course of action/customer education based on the seriousness ofthe waste involved will
be decided upon and taken .
Proposal to t he City of Fresno
MFD and Commercial Solid Waste,Recyclable MateriaMVD,and Organics MateriaMVD Services
Sect ion 2. 44
Should the driver detennine without any question or doubt that the unpennitted waste is not hazardous,the
following procedure is used:
1)The unpennitted/nonhazardous item will be removed,placed safely back onto the premises and tagged
with anon-collection notice indicating the reason for norrcollection.
2)The driver will immediately call the dispatch center and report the incident,including street address and
time item was detected.
3)Dispatch will relay this infonnation to customer-service.
4) A customer service representative will phone the customer to infonn them of the event,why the item
was left,direct them to proper alternatives for reuse or disposal of the item,and respond to any
questions the customer may have.
5)A follow up postcard with detailed information on unpermitted wastes will be sent to the customer.
Proposal tothe City of Fresno
MFD and Commercial Solid Waste,Recyclable MateriaMVD,and Organics MateriaMVD services
Section 2 •45
Fire Reporting/Response Plan
These guidelines are to be followed in the event a truck fire breaks out in the body ofa collection vehicle
you are driving .These types of fires can be caused during compaction where hazardous or combustible
materials are inadvertently and unknowingly collected.
Driver's Responsibilities
1)Identify origin of fire:whether itis related to the electrical system,the motor,or the hopper.
2)Immediately call dispatch,then 911 for Fire Department Response .
3)Continue sweeping the blade or using the packer if the fire is inside the truck body until you have
found a safe place nearby to eject the load :such as an open parking lotor an open plowed field .
DO NOT eject loads near schools or shopping center parking lots,near businesses,on the
freeway,or near trees or overhead wires .
4)Keep your radio clear for emergency communications.
5)Stay calm:the Fire Department and your supervisor will be there shortly.
Note
The most important safety consideration is your own life and the lives of others.The Company's collection
equipment can be replaced;a life cannot.
Proposal to the City of Fresno
MFD and Commercial Solid Waste,Recyclable MateriaMVD,and Organics MateriaMVD Services
Sect ion 2 .46
2.8
Technical Proposal I Public Education/Recycling Technical Assistance
The objective of this section is to a}convey MVD's competency in developing and managing public
education programs;b)relay its proposed plan for outreach during the transition period and beyond;c)
illustrate the Company's willingness to become involved in the community .A draft Public Education Plan to
serve as the basis for the final plan for contract year one is included in this section.
MVD owners have been collecting solid waste and recyclable materials for decades;and during this time
outreach efforts have had to flex with industry changes to ensure proper communication of them to
customers .This resulting communications experience will positively affect a smooth transition between
contractors for MVD customers .
MVD's approach to communicating with its customers is simple and creative.It respects the fact people are
inundated with too much information.All materials convey solid reasons for cultivating new,green behaviors
in order to motivate customers,and will also identify additional resources for customers who want to know
more about environmental issues.
Although a consistent message repetitively delivered in an abbreviated,catchy way is most effective,once
the desired behaviors are adopted by customers regUlar reinforcement is required to sustain them.Finally,
emphasizing the difference an individual's recycling practices makes is helpful.MVD's public education
program will continually remind customers of the importance of adhering to program guidelines and will
report their progress and associated positive environmental impacts back to them .
This program incorporates a strong community relations element.Responsibility for community interface will
be spread amongst the Company'middle and top management,assuring that pledges of human and
financial resources to the community's benefit are made and kept.
The Company also proposes an interactive educational component for schools that is age-appropriate,
engaging,and designed to reinforce good recycling behavior.
Excellent coordination between MVD and the City will contribute greatly toward program success .To
facilitate communication ,MVD will respectfully and actively participate in coordination meetings with the City
during the ramp up period and throughout the term of the Agreement.
Pr oposal to the Cit y of Fresno
MFD and Commercial Solid Waste,Recyclable MateriaMVD,and Organics MateriaMVD Services
Section 2 .47
MVD will track all public education and community relations efforts meticulously and quantify results in
accordance with the draft Franchise Agreement.The Company has cons iderable experience doing this in
several other jUrisdictions where itis required as part of periodic reporting .
Staffing
The biography of Ivette Rodriguez Public Relations Manager,is included in Section 1.lvette is responsible
for general oversight ofthe entire program and the following specific public education activities :
ID Municipal and media relations
t:I Development and distribution of effective promotional and educational collateral materials,including all
electronic components
l:l Development and delivery of presentations to business and civic groups
li}Coordination of coverage of community activities
W Development and delivery of interactive school assemblies,classroom visits,and school group
activities
til Collaboration with all MVD Public Education Specialists for development and distribution of effective
collateral materials,including electronic components
t:3 Update of website and all e-activities.
MVD's objective of gaining the maximum commerciaVMFD recycling/organics collection program
participation and diversion under any proposal.
Government,Community,and Media Relations
As noted in the draft Franchise Agreement,the Public Education Manager is responsible for government
relations .As liaison,she will represent the Company to the City .In that capacity she will attend the
folloWing meetings and engage in the following activities :
t:1 Attend City Council,City staff,and City strategy development meetings .
t:l Coordinate with the City to integrate municipal and contractor activities,as appropriate.
~Make requisite presentations and proposals .
ro Function as a point of contact forcontract compliance matters.
Proposal to th e City of Fresno
MFD and Commercial Solid Waste ,Recyclable MateriaMVD,and Organics MateriaMVD Services
Section 2 .46
In the area of community relations,the Public Education Manager will be responsible for:
f:l Represent MVD in community activities .
r:I Support local community service organizations as enumerated in Exhibit Cof the Agreement.
S Ensuring other mid-and top-tier managers are involved in community relations activities .
In her role as media relations interface,the Public Education Manager will:
t:l Proactively develop rapport with the all local media outlets:TV,radio,and print.
'Gl Track media coverage of the Company,industry,and environmental issues and developments in
generaL
Although the Public Education Manager is responsible for the above tasks,she will engage other MVD
employees to participate in certain activities as may be warranted or appropriate .For example,in monitoring
contract compliance she may bring in the operations manager for discussions on matters relating to driver
management for quick resolution .
P I OP0 53 1 to the City of Fresno
MFD and Commercial Solid Waste,Recyclable MateriaMVD,and Organics MateriaMVD Services
Section 2 •49
Public Education Plan
This draft Public Education Plan first addresses items that apply to all programs.Following that isa chart
based on the public education parameters given in the draft Franchise Agreement.Once the Agreement is
finalized,MVD's first order of business with the City isto begin meeting regularly to coordinate all start-up
activities,including these .
S Develop,produce and distribute,in close collaboration with the City.all public education materials listed
in the proceeding plan.Each piece will be carefully considered in order to determine how the
information is best conveyed to non-English speaking individuals.Also factor in the cultural context
and/or business environment as necessary and appropriate.
~Customize materials to specific business types
t:1 Design and place print ads and posters and distribute press releases that correspond to program
milestones as determined to be a wise program complement.
S Hold workshops to correspond to program milestones or as otherwise needed in order to be accessible
to customers.
r:1 Create and maintain a user-friendly website that is both an effective customer service tool and that also
organizes the community and helps move it toward its sustainability objectives .
The draft plan on the following page is proVided as a starting point for discussions with the City relative to
the Public Education component of the scope of work.Sample outreach materials,including reports,are
included in Exhibit 2.4.
Proposal to theCity of Fresno
MfD and Commercial Solid Waste,Recyclable MateriaMVD,and Organics MateriaMVD Services
Se cti on 2 .50
Public Education and Outreach I Commercial Education and Outreach Programs
A/I printed materials also to be posted to the Company 's website.
Task DescrIption Purpose Distribution/Frequency
START-UP
1 Available Services Flyer Explains recycling services by business type.such as retail.business All commercial businesses during initial
office,food service,manufacturing,and so forth.site visits.
Special flyer focused on food waste/compostables qenerotors,
2 Training Meetings Conduct training meetings by business type as referenced above.Advertise and hold 30 days prior to
Answer questions.contract start date.
Schedule Recycling Opportunity Assessments .
3 Business Association Meetings Attend/present at four business association meetings.Groups mentioned at left.
MVD will introduce itself/services in writing to all business associations 30 days prior to start up
as well as community,civic,and charitable organizations in Fresno Schedule at group's convenience.
and volunfeer to speak on relevant topics/answer questions.
ONGOING
4 Quarterly newsletter Quarterly newsletters with relevant content.All businesses.
Formatted in way conducive to posting in lunch rooms and other Quarterly.
employee areas.Direct mail.
5 Annual Information Updated program information in format to be determined by City All businesses.
(newsletter or brochure for example).Annually.
Direct mail.
6 Waste Audits/Recycling Opportunity MVD will make contact with every business to set appointments.All businesses.
Assessments Distribution of how-to information,enclosure posters,and interior Initial contact prior to contract start-up;
container posters and labels to occur during training process.ongoing as needed or per schedule to
Distribution of interior collection containers to occur during process .be developed jointly with City .
Assertive training,follow-up ,and monitoring are featured.
Maior emphasis on substantially increasing diversion .
7 Emp loyee Training On -site training based on customer need.All businesses subscribing to
recycling/organics collection services
by request.
8 Business Associations MVD will seek to build rapport w ith and educate the Fresnobusiness All business groups.
community.Public Education Manager will make herself available,
through the mailing described in item 3 above,to give presentations.
8 Invoice Blurbs Brief statements concerning relevant program features.All businesses,quarterly.
Propos al to the City of Fresno
MFD and Commercial Solid Waste,Recyclable MateriaMVD,and Organics MateriaMVD Services
Section 2 •51
Additional Information -Approach to MFD/Commercial Recycling:
Commercial Recycling Technical Assistance
Summary of Technical Assistance Approach
MVD will provide education,outreach,training,follow-up,troubleshooting,monitoring ,data collection,and
program evaluation services for commercial,institutional,and multi-family customers.Providing such
services on the premises of customers is referred to as recycling technical assistance.
Goals
MVD public education staff will focus on increasing the diversion of various reusable,recyclable,and
compostable materials from these sectors ,in accordance with the City's and county's waste diversion and
resource conservation goals.MVD's aim is to maximize tons diverted and level of participation while
minimizing materials contamination.
Summary of Approach
MVD will provide practical advice,encouragement,and positive reinforcement to customers in support of
these goals .MVD will develop collaborative working relationships with the City of Fresno and customers.
Understanding ofthe Nature of Recycling Technical Assistance
MVD understands this work requires:
r:1 Rapid response and assessment of customer needs,including during non-standard business hours.
~Collaborative interaction with various stakeholders ,including the City,County health inspectors,
customers of all types and their staff-ranging from top managers to custod ians.
~Sensitivity to the varied cultures,languages,and organizational structures found within businesses,
institutions,and multi -family dwellings.
?:l Close working relationships with the City of Fresno and customers.
~Strong knowledge of recyclable material specifications,and of reusable ,recyclable,or compostable
substitutes for commonly-<:lisposed products .
£:}Attention to the special issues associated with food scraps recovery .
~Strong problem-solv ing,analytical ,and communication skills.
t:l High ethical and professional service standards .
Proposal 10th e Ci ty of Fresno
MFD and Commercial Solid Waste,Recyclable MateriaMVD,and Organics MateriaMVD Services
Section 2 .52
Summary of Tasks to be Undertaken
MVD will provide the following services to its Fresno customers:
W Implementation strategy development.
m Customer screening,targeting outreach .
~On-site Recycling Opportunity Assessments.
'f:.l Product substitution options.
'S Review of outreach materials.
t:1 Customer training .
f£l Customer monitoring,troubleshooting,and follow-up.
S Reinforcement for cross-program education and use.
r.;Assistance with customer recognition programs .
r:1 Data collection and analysis.
~Program analysis and recommendations .
In subsequent years,MVD will reduce its intensity of effort as the program moves from an implementation
stage toa maintenance level.
Services to be Provided
MVD will provide the folloWing services:
I:l Coordinate with the City,local trade associations and management companies as appropriate to
develop and implement strategies for targeted outreach and technical assistance to customers to
implement waste diversion programs,including participation in composting and recycling collection
programs and other waste prevention activities .
Assist in identifying and screening customers for opportunities where a significant diversion potential is
possible .
Conduct or assist in on-site recycling opportunity assessments,off-site audits of compactor loads,
program assessments,staff and/or tenant training,on-site implementation assistance,and follow-up
monitoring of customer performance .
t:l Evaluate and present options for recovering or substituting difficult-to-recycle,compost,or reuse
materials,such as identifying opportunities to use compostable or recyclable food service ware or
packaging .
til Development of outreach materials about waste reduction,recycling,and composting :distribute such
materials when meeting with customers.
Proposal to t he City of Fresno
MFD and Commercial Solid Waste,Recyclable MateriaMVD,and Organics MateriaMVO Services
sectron 2 .53
Assist in gaining management support and dedication of staff resources from customers for program
implementation.
Identify and promote other program or recognition opportunities such as potential Green Business
certification,toxies reduction,green building,green pUrchasing,energy efficiency,water conservation,
local and regional awards,and other programs if applicable and requested.
Develop program tracking measures and prepare progress reports on impacts of program
implementation,such as waste diversion,participation levels,contamination,cost savings,generator
satisfaction.and recommendations.
Proposal tothe City of Fresno
MFO and Commercial Solid Waste,Re cyclable MateriaMVD,and Organics MateriaMVD Services
Section 2• 54
)
,
Three
Service Enhancements
MVD has conveyed its interest in other sections of this Proposal in establishing the following service
enhancements:
1)Recyclable Materials Processing Option
As indicated in Section 2.2,MVD can offer the City of Fresno a simpler,more feasible option for
recyclable materials processing.As per the terms MVD is extending the City (enumerated in the letter
included in Section 2.2.),MVD wishes reviewers to note that the Company will process the organic
materials it collects in Fresno and pay the City a royalty fee of $5 per ton regardless of market pricing,
and MVD will also take responsibility for all residual waste in the recyclable materials stream.This
creates a built-in incentive for MVD to continue doing an excellent job educating and providing technical
assistance and training to MFDs and businesses about MVD recycling programs.MVD has ample
capacity to process all of the City's commercial recyclables .See the Cost Forms included in Section 4
ofthis proposal.
2)Redistribution of Reusable Items and Materials
MVD will team up with a local non-profit organization to develop a strategy,methods,and plans for the
redistribution of reusable commercial materials and items such that they do not end up in the waste
stream.
3)Organic Materials Processing Options
As indicated in Section 2.3,because MVD has a fully permtted solid waste facility and green waste
processing operation,MVD can offer the City of Fresno three organic materials processing options:
Preprocess organic material (including putrescible organic waste)for delivery to the City's
anaerobic digester for conversion;or
S Preprocess compostable material (vegetative material,green waste,and wood waste)for use as
ADC for a lower tipping rate.
S Preprocess organic materials and transport organic material (including putrescible organic waste)
to Kings County for traditional composting .
4)Recycling Technical Assistance
Proposal to the City of Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organic Materials Services
Section 3 ·j
"""'0 VALLeT o..~""L.."......,.."..'."'0\
As indicated in Section 2.8 -Public Education Plan,MVD will supply commercial recycling technical
assistance ina thorough and methodical manner such that all businesses in Fresno receive personal
contact and recycling opportunity assessments initially and ongoing throughout the term of the
Ag~ment.Also included is free on-sne employee training.Reviewers should note that,even though a
sman company,MVD has a staff of four public education specialists.Clearly,MVD places a strong
emphasis on outreach with the favorable ~tio of outreach staff to customer accounts.Recycling
Technical Assistance is included at no additional cost to the City or customers.
Proposal to the Cityof Fresno
MFD and Commercial Solid Waste,Recyclable Materials,and Organic Materials Services
Section 3 · 2
l
{
Five
Exceptions to Agreement
Mid Valley Disposal.Inc.takes no exceptions to the draft Franchise Agteement.Suggested language
enhancements-which are in no way to be construed as exceptions-are included on the redlined version of
the draft Franchise Agreement saved to the accompanying disk.Also included on the disk isa page of
Notes to explain the basis for Mid Valley Disposars suggeste d language enhancements.
Proposa l tot he City of Fresno
MFO and Commercial SoUd Waste,Recyclable Materials,and Organics Materials Services
Section 5-1
Attachment 6.0-
Secretary's Certificate
ATTACHMENT 8
SECRETARY'S CERTIFICATION
I ,I\.AL+J;.L,1/it.~JuJt\P ,certify that I am the secretary
Name
of the corporation named herein; that -.JlolU.\J.l:l.,LU"--.D..~..f¥:!!~!LL.I_----who signed this
\J Name 'Irl..".J .I
Proposal on behalf of the corporation,was then Lo~'j1\'~of
Title
said corporation;that said Proposal is within the scope of its corporate powers and was duly signed for
and on behalf of said corporation by authority of its governing body. as evidenced by the attached true
and correct copy of the ~~d~,Dr;fVLUt -V1tlltt be ;-eDMi
Name of Corporate Do ument
By:
Name:
Title:
Date:)j '1:0 .I D
City ofFresno
Multi-Family &Commercial Solid Waste, Recycling,and Organics RFP
---.
UNANIMOUS WRITTEN CONSENT OF
SHAREHOLDERS AND DIRECfORS
TO CORPORATE AcrION OF
Mm-VALLEY DISPOSAL,A CALIFORNIA CORPORAnON
December 30,2008
We,theundersigned,areallofthe directorsofMid-ValleyDisposal,a California corporation,and
are all oftheshareholders ofMid-Valley Disposal,a California corporation,andbythiswritingapprove
the following resolutionsand consentto theiradoption:
RESOLYED,that the followingpersonswereelectedtoandacceptedtheofficesindicated
after theirrespective names to serve duringthe ensuingyear and until such timeas their
successorshave been dulyelectedand shallqualify:
John Kalpakoff- President
Roy Mendrin -Vice President
Joseph Kalpakoff- VicePresidentandAssistantSecretary
Natalie Kalpakoff -Secretary
JohnKalpakoff- ChiefFinancialOfficer
RESOLVED,that the followingpersonsare electedto serveas directorsfor aterm of one
(1)year or until their successorsshall beelectedandshall qualify:
John Kalpakoff
Roy Mendrin
Joseph Kalpakoff
RESOLYED,that the shareholdersand directorsof the corporationare herebyauthorized
to amendArticle VI of the Articles of Incorporation to read in full as follows:
"IV
This corporation is authorized to issue one class of shares of stock designated as
"common stock" and the total number of shares of common stock that this
corporation is authorized to issue is twenty thousand (20,000). The number of
common shares shall be divided into two series to be designated ·Series A Voting
Common" and ·Series B Non-voting Common." The number of Series A Voting
Common shares authorized to be issued is ten thousand (10,000) and the number
of Series B Non-Voting Common shares authorized to be issued is ten thousand
(10,000).On the amendment of this article, each outstanding share of stock is
converted into one (1) share ot"Series A Voting Common stock.The rights,
preferences, privileges and restrictions of the Series A Voting Common and the
Unanimous Writl!'nConsent of Shareholders andDirectors
,.'
Series B Non-Voting Common shall be equal and identical in all respects except
that,unless otherwise provided by law,the holders ofthesharesofSeriesA Voting
Common shallhaveand possess voting rights and powers,inclUding the right to
noticeof shareholders'meetings,andthe holders of the shares of Series B Non-
Voting Common shallnotbe entitled to notice of any shareholders 'meetings orto
vote uponthe election ofdirectorsor uponanyothermatter.•
RESOLVED,thatJohnKalpakoffbe,andherebyis,reappointed agentfor service ofprocess
forthe corporation to serveduringtheensuingyearanduntilsuchtimeas a successorhas
been duly appointed.
RESOLVED,that all actions taken by the Board of Directors since the last annual
shareholders'meetingor Unanimous WrittenConsent ofSharebolders to Corporate Action,
including the reinstatement by the Board of Directors of all outstanding resolutions or
authorizations conferred upon its officers,are hereby approved.All actionstakenbythe
officers onbehalf ofthe corporation from thedateofthelast meeting or Unanimous Written
Consent of Shareholders to Corporate Action,tothepresent time,areherebyratifiedand
approved.
Thisactionistakeninlieuoftheregularannual meeting scheduled bytheBylawsofthe corporation
tobe heldonApril 15 of eachyear.
This consent is effective December30, 2008, and is executed pursuant to subdivision (b) of
Section 307 of the California Corporations Code and subdivision (a) of Section 603 of the California
Corporations Code,and isto befiledwiththe minutesofBoard proceedings.
R~Mendrin, Directorand Shareholder
Unanimous Writlell Consentof Shareholders and Directors 2
ACKNOWLEDGMENT
State of California
County of he5ClO
on~+'wl !)blb__
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal .
(Seal)
)o,,O .o,O ,O,0 6 ,o,o0,<"h<",><"'>(
"'0 ,••,....IVETTE RODRIGUEZ =-
COMM.#1695417 .:II
CJ - :NOTARY PUBLIC·CAlIFORNIA (j)
~FRESNO COUNTY 0
)v :..~'V"~~~!::S~\>22:;0!2-t
Attachment 7.0-
Anti-Collusion Affidavit
NO
Proposer's Name 'iYI ",&-V~dJ
FOR:MULTI-FAMILY AND COMMERCIAL SOLID WASTE,RECYCLABLE MATERIALS,AND ORGANIC
MATERIALS SERVICES
Proposer declares under penalty of perjury under the laws of the State of California that this proposal is
not made in the interest of or on behalf of any undisclosed person, partnership, company,association,
organization or corporation; that suc h pro posal is genuine and not collusive or sham; that said Proposer
has not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal
and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone
else to put in a sham proposal, or that anyone shall refrain from submitting a proposal ;that said Proposer
has not in any manner directly or indirectly sough t by agreement,communication, or conference with
anyone to fix the proposal price of said Proposer or of any other Propo ser,or to fix any overhead ,profit,
or cost e lement of such proposal price, or of that of any other Proposer ,or to secure any advantage against
the public body awarding the Contract of anyone interested in the proposed Contract ;that all statements
contained in such proposal are true, and further, that said Proposer has not directly or indirectly submitted
his proposal price or any breakdown thereof, or the contents thereof, or divulged information or data
relative thereto,or paid and will not pay any fee in connection therewith, to any corporation,partnership,
company,association, organization,proposal depository, or to any member or agent thereof, or to any
other individual except to any person or persons as have a partnership or other financial interest with said
Proposer in this general business.
The above Non-Collusion Affidavit is part of the proposal.Signing this proposal on the signature
page thereof shall also constitute signature of this Non-Collusion Affidavit.
Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution.
City ofFresno
Multi-Family &Commercial Solid Waste ,Recycling,and Organics RFP
\
Attachment 8.0-
Certification for Local Preference
Proposer's Narne _..lLl..u.J&-..ILII...LdLI:.!..jo.....J....~Jw;~
AITACHMENT2
CERTIFICATION FOR LOCAL PREFERENCE FOR MULTI-FAMILY AND
COMMERCIAL SOLID WASTE,RECYCLABLE MATERIALS,AND ORGANIC
MATERIALS SERVICES
We certify that we qualify as a local business pursuant to Fresno Municipal Code Section
3-109.1.
Location of Business:
(please provide street address, no P.O.Box)
Address :is?)OO!l.1..~t\e.os lkl '
\(et'r<V\Vl ).(A)CJ21I/ho
Phone:L S5q)~1f'J>,ilfr.oJ
Primary Office D<J
Branch Office [ ]
(please mark as applicable)
The undersigned proposer hereby declares under penalty of perjury that the information
contained on this Certification for Local Preference is correct and complete.
Dated:'B-.10-.lo\().~...7 ~1f
SIgna
\l ,of.-e,?(e.s,,'d w \:
Title
Proposers are cautioned that making a false certification may subject the certifying signatory to
criminal prosecution.
City ofFresno
Multi-Family &Commercial Solid Waste, Recycling,and Organics RFP
Attachment 9.0-
Letter of Commitment fora Performance Bond
Mountain States Region
Bond Department
7670 South CM~ter Street,Suite 300
Englewood,CO 80112
T (:\03)645 8500
F (666)534 0254
www.hartfordbond.com
August 19,2010
Office of the Purchasing Manager
City of Fresno 2101 G Street,Building A
Fresno, CA 93706
THE HARTFORD
RE: Mid Valley Disposal Inc.Collection,processing and disposal of multi-family and
commercial solid waste,recyclable material,and organic materials.
Bid File #9133
To whom it may concern:
The Hartford will favorably consider a 100%Performance Bond and a 100%
Payment Bond for the above captioned project,provided a contract is awarded to, and
executed by Mid Valley Disposal,Inc.
Please understand that any arrangement for any bonds is a matter between Mid
Valley Disposal,Inc.and Hartford Fire Insurance Company and we assume no liability to
third parties or you if, for any reason,we do not issue requested bonds.
The Hartford expressly reserves the right to review the terms and conditions of
the contract,contract amount and bond form,evaluate pertinent underwriting data,and
verify the adequacy of project financing prior to the issuance of bonds for the referenced
project.This letter will expire one hundred and eighty (180)days from the above date.
Very Truly Yours,
~~/)cJk-
Shanon S.Dom
The Hartford
UnionBank
August 3.10 10
Mid-Valley Disposal
Mr.Joseph Kulpakoff,
VicePresident &.General Manager
15300 W.Jensen Ave
Kerman.CA 936.30
Rc.:City of Fresno - RFP for new contract
Dear vlr.Kalpakoff
Based on the extensive information you have provided to Union Bank.1\./\.("Bank")
including historical and projected financial statements for Mid-Valley Disposal along with
our review of the Request for Proposal for the new City of Fresno contract ,we would be
interested in providing. a long term credit facility sufficient to finance the acquisition of
rolling stock,cart s.containers and equipment required to service the Cit y or Fresno
contract .Th e amount of the credit facility is estimated not to exceed Se ven Million Dollars
($7 .000,OOO ,()O )and would provide financing for two distinct Service Arens .Additionally.
a credit facility will be made available 1(:)1'the issuance of a performance standby letter of
cred it in an a mount s ufficient to satisfy Section 12.5 of the City of Fresno Request For
Proposal that requires ,I performance bond equal to one-quarter or the annual rate revenues
colle cted in each Servi ce Area
It is our understanding that the City of Fresno contract will be for a min imum term or ten
years commencing January 1,20 II .1\final commitment and funding of the credit facility
is subject to the Bank's receipt and satisfactory review of (i)projected financial statements
based upon obtaining the City of Fresno Contract:(ii)the Bank reviewing the final City of
Fresno contract agreement and insuring that the contract provides Mid-Valley Disposal
with an adequate income stream over the contract term to service the debt under the Bank's
credit facilities:and (iii)liual Bank credit approval.
We look forward to working with you 011 the financing request for the new City or Fresno
contract.
Very Truly Yours,
UNION BA NK,N.A .
S tcvcn Peterson
Vice President
Cent ral Va1f(:y So ,.•t ll C o m rn~r C la l B.anktflg
7108 N orth Fa:-!>(K}Stree t ,SUite 200
Fresno.cr.9 3 no
J'.:'1 S 5~)-136 27~8
F~>559 4:,,;n l:;
Attachment 10.0-
Proposal Signature Page
f
\.
ATTACHMENT 3
PROPOSAL SIGNATURE PAGE
FOR MULTI-FAMILY AND COMMERCIAL SOLID WASTE,RECYCLABLE MATERIALS,
AND ORGANIC MATERIALS SERVICES
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of
Californi a, that the statem ents contained in this proposal are true and correct.
PROPOSAL SUBMITfED BY :
(please follow the instructions for each line, as explained below.)
(1)~(S5'il s<:j1-Qy..3<D
Phone Fax
(Other)(partner)
C1)hi.\;)fv~11"or\)I U\........,_-----=-_~
(Corp)U (Individual)
(2)
(3)
Business Address
_\eel<m ~/\1)
City
(4)By:
Federal Tax J.D.No.:---L--'-..L.oL.-L..aoL>~'---L Date:<is'-.lO -JOI0
INSTRUCTIONS FOR SIGNATURE PAGE
CORPORATIONS:INCLUDE ACKNOWLEDGMENT OF SIGNATURE BY NOTARY IN
CORPORATE FORM (See Line 4(a), of next page.)
INDIVIDUALS,PARTNERSHIPS OR JOINT VENTURES:INCLUDE ACK.~OWLEDGMENT
OF SIGNATURE BY NOTARY.
LINE 1:The name of the Proposer must be the same as that under which a license is issued, if a
license is required. If the Proposer is a corporation, enter the exact name of the corporation
under which it is incorporated;if Proposer is an individual, enter name;if Proposer is an
individual operating under a trade name, enter name and dba (trade name in full);if a
partnership,enter the correct trade style of the partnership;if a joint venture, enter exact
names of entities joining in the venture.
City ofFresno
Multi-Family &Commercial Solid Waste, Recycling, and Organics RFP
LINE 2:Identify here the character of the name shown under (l),i.e.,corporation (including state of
incorporation),individual,partnership,or joint venture.
LINE 3:Enter the address to which all communications and notices regarding the proposal and any
Contract awarded there under are to be addressed.
LINE 4: (a)If the Proposer is a corporation,the proposal must be signed by an officer or employee
authorized to sign Contracts on behalf of the corporation evidenced by inclusion of one of the
following certified by the secretary of the corporation (sample certification attached):a copy
of the Articles of Incorporation,a copy of the Bylaws,a copy of the Board Resolution or
Minutes authorizing the officer or employee to sign proposals and contracts.The signature of
the officer or employee who signs the proposal must be acknowledged by a notary in the
corporate form.
(b)If Proposer is an individual,he/she must sign the proposal,or if the proposal is signed
by an employee or agent on behalf of the Proposer,a copy of a power of attorney must be on
file with the City of Fresno prior to the time set for the opening of the proposals or must be
submitted with the proposal.Any signature must be acknowledged by a notary.
(c)If the Proposer is a partnership,the proposal must be signed by all general partners;or
by a general partner(s)authorized to sign proposals and contracts on behalf of the partnership
evidenced by inclusion ofeither a copy of the Partnership Agreement or a recorded Statement
of Partnership.All signature(s)must be acknowledged by a notary.
(d)If the Proposer is a joint venture,the proposal must be signed by all joint venturers;or
by a joint venturer(s)authorized to sign proposals and co ntracts on behalf of thej oint venture
evidenced by inclusion of either a copy of the Joint Venture Agreement or a recorded
Statement of Joint Venture;and if the joint venturer(s)is a corporation or a partnership
signing on behalf of the Joint Venture,then Paragraphs (a) and (e)above apply respectively.
All signature(s)must be acknowledged by a notary.
Where Proposer is a partnership or a corporation,the names of all other general partners,or
the names of the president and secretary of the corporation,and their business addresses must
be typewritten below:
NAME
,Lb n J ~........."lt.I<.",,-,-()ff..L....--__
futD-~L lLrt.trkD~
ADDRESS
IDOO W.~Q.h'5e.Y\
.l..5.2nD W..JDn"]~V\
~e..fmarl.r,Q6f.:,'lJD
~e(rflL1(\\Cv q!h?JD
NOTE:All addresses must be complete with street number,City,State and Zip Code.
City ofFresno
Multi-Family &Commercial Solid Waste, Recycling,and Organics RFP
State of California
County of 'F£eOOO
ACKNOWLEDGMENT
)
On Auc.m"'''\-~f)I aD \D before me ,.....J=':K:.~~...bt~uc.;~!L-~~.lliJl!:4-l...YdV\--0 (insert name and u I
personally appeared ~.i2h V,.\A/I V ~.AD ,
who proved to me on the basis Msatis~be the person(s)whose name(s) Is/are
subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in
his/her/their authorized capacity(ies),and that by his/herltheir signature(s)on the i nstrument the
person(s),or the ent ity upon behalf of which the person(s) acted .executed the instrume nt.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal ..¥<"\6 "'"A <"\<\
,..<"\<'\06<'\6o....IVEITE RODRIGUEZ (
eJ COMM.#169 5417 ~
"..:NO TARYPUBLIC·CAUFORN IA (j)
0::FRESNOCOUNTY 0
)~'c";"'c C2M~~P!:~S~PT~22~
Attachment 11.0-
Addenda Signature Pages
(
General SeMces Department
Purchasi ng Division .(559) 621-133 2.FAX (559)488-1069 +www.ciJresno.gov
2101 "G" Street.B1d9 .A
Fresno .California 93706-1675
Kenneth A.Netland
Directorof General Services
ADDENDUM NO.1
RFP 9133
REQUEST FOR PROPOSALS
MULTI-FAMILY AND COMMERCIAL SOLID WASTE, RECYCLABLE MATERIALS, AND ORGANIC
MATERIALS SERVICES
N OTICE T O A LL BIDDERS
This Addendum is attached to and made a part of the above entitled specifications for the City of
Fresno with an original scheduled bid opening of 3:00 P.M..August 20 .2010.
The pre-proposal conference remains as originally scheduled ,on Thursday, JUly 22,2010 at 10:00 AM.
It will be held at the City of Fresno, Municipal Service Center at 2101 G Street, Building A,(downstairs)
Fresno, CA 93706.
All changes will appear in Bold type.
The pre-proposal meeting is NOT MANDATORY,however all interested proposers are highly
encouraged to attend.The City may accept proposals received from proposers that do not attend the
pre-proposal meeting ;however.the City reserves the right to determine that a p~SfH-.ffom a firm who
€l-iG-f\9t-attend this meeling-i&-non responsive solely on the basis of its lack of attendaflGe
City of Fresno
)h 411~jJ
~son MACDONALD
urchasing Manager
...I
~~~:~~~~~~nW indicalingzhe/She ~as tho 21Y read and understands the contentsof this
Signed:~I ~i.ll-
Addenda to date :July 15. 2010
Purchasin9 Divis ion +(559)621·1332 +FAX (559)488·1069 +www.ciJresno.gov
2101"GoS treet,Bldg.A
Fresno.California93706·1675
ADDENDUM NO.2
General ServicesDepartment
Kenneth A.NerJand
Directorof General Services
RFP 9133
REQUEST FOR PROPOSALS
MULTI-FAMILY AND COMMERCIAL SOLID WASTE,RECYCLABLE MATERIALS,AND ORGANIC
MATERIALS SERVICES
NOT ICE TO ALL BIDDERS
This Addendum is attached to and made a part of the above entitled specifications for the City of
Fresno with a scheduled bid opening of 3:00 P.M.,August 20, 2010.
All clarifications will appear in Bold type with underline.
(from page 18)
Step One -Written Questions
The City directs proposers to submit all questions and requests for information in writing to its
consultant the Purchasing Manager and refrain from contacting any other City employees.
Therefore,any questions,requests for clarification,or requests for additional information
regarding the RFP should be submitted electronically via email to purchasing@fresno.gov
via fax to the attention of the Purchasing Manager (see Section 1 for contact information)on
or before 5:00 PM on Friday July 30,2010.In the alternative,questions may be faxed to
5594881069.
City of Fresno
The bidder shall sign below indicating he/she has thoroughly read and understands the contents of this
Addendum N°9 /7
Signed:Jr:/:L /
Addenda to date :July 22, 2010
1
Purchasing Division .(559)621-1332 •FAX(559)4B8-1069 •W'NW .ci.fresno.g ov
2101 "G'Street.Bldg .A
Fresno. California93708-1675
ADDENDUM NO.3
General Services Department
Kenneth A.Nerland
DIrectorof General Services
RFP 9133
REQUEST FOR PROPOSALS
MULTI-FAMILY AND COMMERCIAL SOLID WASTE,RECYCLABLE MATERIALS,AND ORGANIC
MATERIALS SERVICES
NOTICE TO ALL BIDDERS
This Addendum is attached to and made a part of the above entitled specifications for the City of
Fresno with a scheduled bid opening of 3:00 P.M.,August 20,2010.
The attached 18 pages of clarifications are in response to the attached 9 pages of questions which
were received prior to the pre-bid conference and are being responded to in advance of the Friday,July
30 deadline for all written questions.The City intends to address all previously submitted questions if
not answered here, via additional addendum on Friday, August 6, 2010. Including the addendum,there
are 29 total pages in Addendum No.3.
Most answers here represent clarifications to existing specifications.
All changes will appear in Bold type with underline and are highlighted here:
1."Franchise Agreement,Section 7.2.0.Please clarify this section. It talks about .a billing
review 'at least every other year' but then requires submittal of a report 'at the end of each
Rate Period,'which would be yearly ."
Answer:Section 7.2.D of the draft franchise agreement is hereby amended as follows:
"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
(l.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 9tRef 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 exh ibits)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,OOO}."
2. "Franch ise Agreement,Section 8.1.C, last full line. Did the City intend to say,'shall
Contractor notice Customers more than three weeks prior'?"
Answer:Section 8 .1 .C of the draft franchise agreement is hereby amended as follows:
"Holiday Collection Schedule.Contractor,at its sole discretion, may choose not to provide
Collect ion services on a Holiday.In such event,Contractor shall provide Collection services
on the d ay follow ing the Holiday. The Contractor shall provide Customers notice of Holiday-
2
related changes in Collection schedules at least two weeks prior to the change; but in no
case, shall Contractor notice Customers more than three weeks prior to the change"
City of Fresno
The bidder shall sign below indicating he/she has thoroughly read and understands the contents of this"?"No.;;
51 ned :/I
Date:
This addendum is being distributed by BEING AVALABLE FOR DOWNLOAD VIA POSTING ON CITY
WEBSITE. The bidder shall submit a.slgned copy of this addendum with their bid..
Addenda to date:#1 July 28, 2010
#2 July 22,2010
PurchasIng Division +(SS9)621·1332 +FAX(559)488·1069 .www.ci.fresno.gov
2101"G"Street.Bldg.A
Fresno.California 937Ol5-1675
ADDENDUM NO.4
GeneralServices Department
KennethA.Nerland
Directorof General Services
RFP 9133
REQUEST FOR PROPOSALS
MULTI-FAMILY AND COMMERCIAL SOUD WASTE.RECYCLABLE MATERIALS.AND ORGANIC
MATERIALS SERVICES
NOTICE TO AL L BIDDERS
This Addendum is attached to and made a part of t he ab ove entitled specifications for the City
of Fresno with a scheduled bid opening of 3:00 P.M., ·A ug u st 20, 2010.
The following is provided as clarification:
City staff has determined that bidders or bidders'representatives are researching existing City
commercial routes and in doing so have approached City staff.All proposers are reminded
that the RFP document language includes a "no contact"with City staff clause.
Additionally,for the protection of the safety of the public and City employees,the proposers
and or their representatives,the following gUidelines are requested to by observed:
•Bidders or bidders'representatives are not to interfere with City employees while they
are performing their job duties.
•Bidders or bidders'representatives are not to speak to City employees.Speaking to City
employees will be interpreted as making contact with City employees or elected
officials,and may disqualify the bidder from the RFP process see page 2 of the original
RFP document.
•Bidders or bidders'representatives are to leave a minimum of 300 hundred feet in all
directions between their vehicle and the City vehicle.
•Bidders or bidders'representatives are to notify Purchasing at least a day in advance if
they wish to follow a City vehicle to make necessary notifications.
The above conditions are effective immediately as of Friday,August 6, 2010.
C ity of Fresno
miIJJj
a~bn MACDONA LD
lJfchasing Managerv
The bidder shall sign below indicating h s he has thoroughly read and understands the contents of this
Addendum No .1.
Date :~{til o 10
2
Addenda to date:#1 August 6. 2010
#2July22.2010
#3 July 28.2010
#4 August 6. 2010
#5 August6.2010
General Services Department
Purchasing Division +(559)621-1332 •FAX (559)488-1069 .WIIJW.cUresno,gov
2101 "Goo Street,Bldg.A
Fresno,Califomla 93706-1675
Kenneth A Nerland
Director of GeneralServices
ADDENDUM NO.5
RFP 9133
REQUEST FOR PROPOSALS
MULTI-FAMILY AND COMMERCIAL SOLID WASTE,RECYCLABLE MATERIALS,AND ORGANIC
MATERIALS SERVICES
NOTICE TO ALL BIDDERS
This Addendum is attached to and made a part of the above entitled specifications for the City
of Fresno with a scheduled bid opening of 3:00 P.M.! August 20,2010.
The attached 5 pages of clarifications are in response to the attached 3 pages of questions
which were received following to the pre-bid conference and are being responded per the
originally stated timeline of August 6, 2010. Including the addendum, there are 10 total pages
in Addendum No.5.
Most answers here represent clarifications to existing specifications.
All changes will appear in Bold type with underline and are highlighted here:
1. Page 3 of the questions; #12 "Can the City provide us with Attachment 12 (City Service
Locations)in Excel format?"
Answer:The City will provide this document as an informational item on the City's
online bid management system. (this is being posted online as well as a separate
document for download)
2"The processing and disposal components of the rate (shown on forms 1a through
1h)should be multiplied by 4.33 to calculate a monthly rate .Currently,it is
calculating the weekly processing or disposal cost,while the rate is for one
month.Proposers should make the appropriate adjustment to the rate forms to
reflect that 4.33 multiplier.
City of Fresno
The bidder shall sign below indicating he/she has thoroughly read and understands the contents of this
Addendum No.1.,/!J'
Signed :q-ir:::.L v l+---
Purchasing Oiyjsion.(559)621-1332.FAX (559)488-1069.IWJW .cUresno .goy
2101 "G"Street,B ldg.A
Fresno,California 93706-1675
ADDENDUM NO.6
General Services Department
Kenneth A.Nerland
Direclor of General Services
RFP 9133
REQUEST FOR PROPOSALS
MULTI-FAMILY AND COMMERCIAL SOLID WASTE,RECYCLABLE MATERIALS,AND ORGANIC
MATERIALS SERVICES
N OTICE TO ALL BID DERS
This Addendum is attached to and made a part of the above entitled specifications for the City
of Fresno with a scheduled bid opening of 3 :00 P.M.! A ugust 2 0. 2010.
The following is provided as clarification:
Proposers should adjust the "City Fees"section of Cost Form a to include the fees
described In the RFP and may adjust the formula (Cell Gaa) to calculate the Agreement
or Franchise Fee as $500 .000 per year if 10%of the Gross Receipts would generate less
t han $500 .000 in franchise fees.Fr anchise fees should be calcu lated as a percentage of
gross receipts.including all City Fees.Therefore.the formula used i n the provided cost
forms .which includes those other City Fees in the calculation,is correct and should not
b e adjusted unless the resultant franchise fee is less than t he $500 .000 per year per
quadrant minimum.If proposers make ch anges to this section that the evaluators
determine to be erroneous .the City will issue a request for clarific ation to the
proposer 's)and such proposers will not be penalized.
P ro pos ers using old er versions of Microsoft Excel (prior t o 2007)may see formula
errors whe re "IFERROR"or other advanced f eatures were used.Proposers may delete
th es e advanced formulas .provided that th e del etion of the f ormula d oes not impact the
calculated costs.
The bidder shall sign below indicat ing he/s he has thoroughly read and unders tands the contents of this
A ddendum No .1.
Signed:9 -;L If
2
Addenda to date:#1 Augusl17,2010
#2 July 22, 2010
#3 July 28,2010
#4 August 6,2010
#5 August 6,2010
#6 August 17,2010
Sterling,Amrep cable rollotT, 2008
Cit y of Fresno Commercial trucks
Peterbuilt 320 ,Amrep side loader,2008
m ..
l e c i fi c ~l t i o n s (inchl In prec iable life reflec teo iii cost propo sals on Form 8)~,
Rotonics Manufacturing,CA
Consolidated Manufacturing,CA
Consolidated Manufacturing,CA
Ace Compactor Sales, Clovi s Ca
I
In d l ing
dna,Maintenance,Washing,etc.
I
Mid Valley Disposal Recycling and Transfer Station
Mid Valle y Disposal Recycling and Transfer Station
Mid Valley Disposal Rec ycling and Transfer Station
15300 W Jensen Ave Kerman CA 93630
Direct Haul
3 4...4 W.Whitesbridge Ave.Fresno,C A 93706 15300 W Jensen Ave Ker
rmation
:ounts/customers 2375 576 2150 1414
ration
te personnel 0.8 0.2 12 2
y/person 9.00 9.00 9.00 9.00
urs/year 1,872.0 468.0 0 .0 28.080.0 4,680.0 0.0 0 .0 0.0
ration
Weekday 2.00 1.00 14.60 4.00
Saturday 1.00 1.00 1.00 1.00
Sunday
He per
Weekday 1.00 1.00 1.00 1.00
Saturday 1.00 1.00 1.00 1.00
Sunday
:/day/route per
Weekday 6.00 9.00 8.00 8.00
Saturday 4.00 9.00 8.00 8.00
Sunday
:/year per
Weekday 3,120.00 2,340.00 0.00 30,368.00 8,320.00 0.00 0.00 0.00
Saturday 208.00 468.00 0.00 416.00 416.00 0.00 0.00 0.00
Sunday 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total 3,328.00 2,808.00 0.00 30,784.00 8,736.00 0.00 0.00 0.00
1.60 1.35 0.00 14.80 4.20 0.00 0.00 0.00
er week for all routes 2,399 582 4,077 2,133
er year for all routes 124,748 30,264 0 212,004 110,916 0 0 0
er route hour 37.48 10.78 0.00 6.89 12.70 0.00 0.00 0.00
.rmation (annual)
lected 3,727 0 0 34,185 0 0 0 0
erials collected 236 5,109
als collected 400
I 3,727 236 400 34,185 5,109 0 0 0
Iue disposed
Line 23+24-26)0 236 400 0 5.1 09 0 0 0
Pr
[ualLine 2 *Line 3 *260 days
.Information is to be reported for collection routes only and does not include any support (e.g.,container delivery routes,cleanup routes,missed pickup routes et
-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 processing site),
.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 / 2,080 hours
oe input by proposer.Data should reflect the assumptions used for the basis of the costs proposed in Forms 6A - 6C.
oe 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.
:qual Line 20/ Line 17
re 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
id return etc.
rivalent (FTE)=40 hours per week,2,080 hours per year
Form 5 -Proposed Labor Requirements
Ser vice Area No .1 D
Proposer Name:Mid Valley Disposal Alt Bid Service Are a No.2 D
Route P ersonnel (include casua l/permanent poo l)Proposed FTE
Solid Waste Cart Service 0.8
Solid Waste Bin Service 11
Solid Waste Roll-Off Service
Recyclable Mate rials Cart Service 0.2
Recyclable Materials Bin Service 3
Organic Material s Cart Service
Organic Materials Bin Service
Organic Materials Roll-Off Service
S ubtotal 15
Other Pclsonnel ::r:,-
Proposed FTE
CEO/COO *
General Manager *
Controller *
Office Manager *
O perations Manager 1
O perations/Route Supervi sor 1
Dispatcher 0.5
Container Di stribution 1
Operations Clerk *
C ommunity Relation s Manager *
Recycling/Public Ed .Coordinator 1
Customer Service Supervisor *
Customer Service Representatives I
Inside Sales *
Billing and Collection s Manager *
Accounting Clerk *
Recept ionist *
Safety Manager
Maintenance Sup ervisor 0.2
Shop Foreman *
Yard Personnel I
Maintenance Per sonnel 1.5
Recycl ing Manager 1
Other:
Other:
Other:
Subtotal 9.2
Total 24.2
Service Area No .3 0
Service Area No .4 0
Proposer Name: Mid Valley Disposal
Driver Wa ges per Hour
......._...,_•.I...~~_•••y ..._••..,
Service Area No. I D Service Area No.3 D
Service Area No.2 D Service Area No.4 []
$ 18.00
r.Il:::c:o
o::l
r.Il
l;:
Q)
c:
Q)
co
Container Delivery Wages per Hour
Dispatcher Wages per Hour
Supervisor Salary per Year
Ons Manager Salary per Year
Driver Annual Bonus ($)
Support Staff Annual Bonus ($)
Salaried Bonus (%)
40 I (kj/Pension Contribution (%of Regular Wages)
Health &Welfare Benefits ($p er Employee/Yr.)
Uniforms ($per Employee/Yr.)
Overtime Premium %
Driver Hours per Dav
Support Staff Hours per Dav
Collection Days per Year
Paid Time Off Days per Year
$ 16.00
$ 18.00
$ 50 ,000
$ 75,000
$2 ,000.00
$1 ,000.00
3%
4%
$5,000
$]25.00
50%
9
s
260
14
r-orrn 0 -~apllal rcequrrernenrs
Proposer Name: Mid Valley Disposal Alt Bid
Service A rea No.1 D
Service Area NO .2 D
Service Area No.3 [
Service Area No.4 [
Quantity
ColIection Vehicles '"Regular Spare Total Total Proposed $
Side /Rear-Loader 1 1 $146 ,000
Front-End Loaders 10 I II $1,755 ,000
Roll-Off .
Other Vehicles Regular :Spare Tota l .Total Proposed $;-f.
Transfer Veh icles
Pickup Trucks 1 I $30,000
Container Distribution 1 I $50,000
Mobile Service Truck
Containers Regu lar Spare T otal Total Proposed $
Carts 1360 50 1410 $1 ,512,000
Bins 1317 50
1367 $60,000
Roll-Off Boxes
Compactor Bin s
Compactor Roll-Off Boxe s
Other Total Proposed S
Shop Equipment
Fueling Equipment
Computer and Office Equipment
Start-up Capital
Total $3,553 ,000
i t ytlUUV 1:Cart Service (Form 8A)Bin Service (.Form 8B)
Roll-Off Service (.Form 8
1
Recyclable Organic Recyclable Organic
I Solid Waste Materials Ma terials Sol id Wa s te Materials Materials So lid Wa s te Organic Me
rerations
;$33,544 $26,991 $339 $474,373 $377,862 $0 $0
.ts $17,430 $12,750 $176 $211,271 $152,989 $0 $0
$15,837 $17,202 $500 $192,695 $209,306 $0 $0
$3,513 $2,929 $35 $33,430 ($22,702)$0 $0
$47,760 $34,934 $482 $178,921 $129,563 $0 $0
ts -Labor,Vehicle,Fuel &Other $63,388 $46,907 $0 $671,908 $485,548 $0 $0
ts -Depreciation &Start-Up $1,775 $1,314 iQ $18,815 $13,597 $0 $0
:of Operations $183,246 $143,026 $1,533 $1,781,413 $1,346,162 $0 $0
$15,934 $12,437 $133 $154,905 $117,058 $0 $0
ts
$62,040 $44,925 $0 $981,110 $0 $0 $0
s $0 $0 $8,000 $0 $0 $0 $0
$7,643 $5,535 $0 $98,454 $71,294 $0 $0
$0 $0 $0 $0 $0 $0 $0
ts -Lease $0 $0 iQ iQ $0 $0 $0
h Costs $69,683 $50,460 $8,000 $1,079,564 $71,294 $0 $0
City Fees"$268,863 $205,923 $9,666 $3,015,882 $1,534,514 $0 $0
---------------------
---------------------
-nt &Enforcement Fee ---------------------
:e Fee
1MARY (Total Costs from Forms 8A through 8D)
or-Related Costs (include regular &pool personnel)
tegular Wages
)vertime Wages
-Ioliday Wages
lacation Wages
lick Leave Wages
Vorkers Compensation Insurance Premiums
Vorkers Compensation Claims
-Iealth &Welfare
)ensionj Retirement Benefits
)ayroll Taxes
)ther (Please List)
II Labor Related-Costs
icle-Related Costs (do not include depreciation)
"ires &Tubes
)arts &Supplies (fluid,oil, etc,)
"axes &Licenses
)ther (Please List)
II Vehicle-Related Costs
Costs
er Costs
.iability &Property Damage Insurance
~qu i pm ent Insurance
"raining &Safety Programs
Jniforms
)ther (Please List)
II Other Costs
ct Depreciation
=ontainer Depreciation
toute Vehicle Depreciation
)ther Depreciation
II Direct Depreciation
cated Costs -Labor,Vehicle,Fuel &Other Costs
'rom General and Administrative (6D)
'rom Vehicle Maintenance (6D)
'rom Container Maintenance (6D)
II Allocated Costs -Labor,Vehicle,Fuel &Other Costs
Year 1
$549,176
$102,970
$13 ,504
$22,507
$0
$60,467
$2,218
$73,620
$28,542
$60,104
$0
$913,109
$47,840
$312,000
$32,500
$2,276
$394,616
$435,540
$0
$52,000
$10,000
$1,755
($100,000)
($36,245)
$92,974
$144,784
$0
$237,758
$907,652
$178,700
$181,398
$1,267,750
'rom l:Jeneral ana Anrrurustratrve tbU)
'rom Vehicle Maintenance (6D)
'rom Container Maintenance (6D)
11 Allocated Costs -Depreciation and Start-Up Costs
11 Annual Cost of Operations
it (%Operating Ratio; i.e. 95%):
iosal Cost
Processing Costs
Recyclables Processing Costs
Organics Processing Costs
11 Net Processing Costs
rest Expense
ct Lease Costs
toute Vehicles
)ther (Please List)
II Direct Lease Costs
cated Lease Costs
;rom General and Administrative (6D)
'rom Vehicle Maintenance (6D)
'rom Container Maintenance (6D)
II Allocated Lease Costs
11Pass-Through Costs
11 Cost Before City Fees
:ity Fees
City fees 19 .4%(Franchise,AB 939,Contract Mgt)
AB939 Fee
Contract Management &Enforcement Fee
Shedding Fee
LandfiIl Maintenance Fee
LandfiIl Closure Fee
Landfill Debt Service Fee
"otal City Fees
11 Proposed Annual Cost
0.92 1%
I $28 .70 1/ton
~/t o n
~/l on
0.2407
$0
$0
$35,500
$3,248,027
$300,468
$1,088,075
$0
$8,000
$8,000
$182,926
$0
$0
$0
$0
$0
$0
$0
$1,279,001
$4,827,496
$1,161,978
$0
$0
$0
$0
$0
$0
$1,161,978
$5,989,474
Total Labor Related-Costs $33,544 $26,991 $339
Vehicle-Related Costs (do not include depreciation)
Tires &Tubes $2,113 $1,546 $21
Parts &Supplies (fluid,oil, etc,)$13,781 $10,080 $139
Taxes &Licenses $1,436 $1,050 $15
Other (Please List)$101 $74 $1
Total Vehicle-Related Costs $17,430 $12,750 $176
Fuel $15,837 $17,202 $500
Other Costs
Liability &Property Damage Insurance $0 $0
Equipment Insurance $2,297 $1,680 $23
Training &Safety Programs $1,148 $840 $12
Uniforms $67 $49 $1
City processing Fees $1,180
City Royalty Fee $1,180
Recycling Commodity Sales ($2,000)
Total Other Costs $3,513 $2,929 $35
Direct Depreciation
Container Depreciation $39,257 $28,715 $397
Route Vehicle Depreciation $8,502 $6,219 $86
Other Depreciation
Total Direct Depreciation $47,760 $34,934 $482
Allocated Costs -Labor,Vehicle,Fuel &Other Costs
From General and Administrative (6D)$45,383 $33,583 $0
From Vehicle Maintenance (6D)$8,935 $6,612 $0
From Container Maintenance (6D)$9,070 $6,712 $0
Total Allocated Costs -Labor,Vehicle,Fuel &Other $63,388 $46,907 $0
Allocated Costs -Depreciation and Start-Up Costs
From General and Administrative (6D)$1,775 $1,314 $0
From Vehicle Maintenance (6D)$0 $0 $0
From Container Maintenance (6D)$0 $0 $0
Total Allocated Costs -Depreciation and Start-Up $1,775 $1,314 $0
Total Operating Costs $183,246 $143,026 $1,533
Profit (%Operating Ratio; i.e. 95%):0.92 %$15,934 $12,437 $133
Disposal Costs $28.70 Iton $62,040 $44,925
Net Processing Costs
Recyclables Processing Costs Iton
Organics Processing Costs $20.00 Iton $8,000
'T'~.._1 l\.T~..D_~~~~~:_~r~~..~It'f\It'f\d'0 OAt)
Other (Please List)
'otal Labor Related-Costs $474,373 $377,862 $0
'ehicle-Related Costs (do not include depreciation)
Tires &Tubes $25/613 $18/547
Parts &Supplies (fluid,oil, etc.)$167/040 $120/960
Taxes &Licenses $17,400 $12/600
Other (Please List)$1/218 $882
'otal Vehicle-Related Costs $211/271 $152/989 $0
uel $192,695 $209,306
ither Costs
Liability &Property Damage Insurance $0 $0
Equipment Insurance $27,840 $20,160
Training &Safety Programs $4,640 $3,360
Uniforms $950 $688
City processing Fees $25,545
City Royalty Fee $25,545
Recycling Commodity Sales ($98,000)
'otal Other Costs $33,430 ($22,702)$0
)irect Depreciation
Container Depreciation $75,868 $54,939
Route Vehicle Depreciation $103,053 $74,624
Other Depreciation
'otal Direct Depreciation $178,921 $129,563 $0
.llocated Costs -Labor,Vehicle,Fuel &Other Costs
From General and Administrative (6D)$481,056 $347,631 $0
From Vehicle Maintenance (6D)$94,711 $68,442 $0
From Container Maintenance (6D)$96,141 $69,475 $0
'otal Allocated Costs -Labor,Vehicle, Fuel &Other $671,908 $485,548 $0
.llocated Costs -Depreciation and Start-Up Costs
From General and Administrative (6D)$18,815 $13,597 $0
From Vehicle Maintenance (6D)$0 $0 $0
From Container Maintenance (6D)$0 $0 $0
'otal Allocated Costs -Depreciation and Start-Up $18,815 $13,597 $0
'otal Operating Costs $1,781,413 $1,346,162 $0
rofit (%Operating Ratio; i.e.95%):0.92 %$154,905 $]]7,058 $0
iisposal Costs $28.70 /ton $981,110
ret Processing Costs
Recyclables Processing Costs /ton
r""'\_...-.-_.=.-.-n4 ........-.-,...,....;_~r-'.............1-.-t1'!"\f\{'\f\J L ___
Other (Please List)$0
'otal Labor Related-Costs $0 $0 $0
'ehicle-Related Costs (do not include depreciation)
Tires &Tubes $0
Parts &Supplies (fluid,oil,etc.)$0
Taxes &Licenses $0
Other (Please List)$0
'otal Vehicle-Related Costs $0 $0 $0
uel a
nherCosts
Liability &Property Damage Insurance $0
Equipment Insurance $0
Training &Safety Programs $0
Uniforms $0
Other (Please List)$0
'otal Other Costs $0 $0 $0
)irect Depreciation
Container Depreciation $0
Route Vehicle Depreciation $0
Other Depreciation $0
'otal Direct Depreciation $0 $0 $0
.llocated Costs -Labor,Vehicle,Fuel &Other Costs
From General and Administrative (6D)SO a $0
From Vehicle Maintenance (6D)$0 $0 $0
From Container Maintenance (6D)SO SO $0
'otal Allocated Costs -Labor,Vehicle,Fuel &Other SO $0 $0
.llocated Costs -Depreciation and Start-Up Costs
From General and Administrative (6D)0 $0 $0
From Vehicle Maintenance (6D)SO $0 $0
From Container Maintenance (6D)SO $0 $0
'otal Allocated Costs -Depreciation and Start-Up SO $0 $0
'otal Operating Costs $0 $0 $0
rofit (%Operating Ratio;i.e.95%):1 %$0 $0 $0
iisposal Costs $ 28.70 /ton $0
Jet Processing Costs
Recyclables Processing Costs $/ton $0
Organics Processing Costs $ 20.00 /ton $0
'otal Net Processing Costs $0 $0 $0
Overtime Wages $0 $13,725 $31,842
Holiday Wages $4,272 $2,280 $576
Vacation Wages $7,120 $3,800 $960
Sick Leave Wages $0 $0 $0
Workers Compensation Insurance Premiums $16,266 $9,887 $2,579
Workers Compensation Claims $0 $0 $0
Pension/Retirement Benefits $7,405 $4,501 $1,174
Payroll Taxes $16,661 $10,127 $2,642
Health &Welfare $23,200 $8,160 $4,800
Total Labor Related-Costs $248,652 $145,200 $67,997
Vehicle-Related Costs
Tires &Tubes
Parts
Parts &Supplies (fluid,oil, etc,)
Total Vehicle-Related Costs $0 $0 $0
Fuel Costs
Other Costs
Liability &Property Damage Insurance $150,000
Equipment Insurance .I
Rent $6,000 $3 1,500 $3,500
Utilities
Telephone
Non-vehicle Related Supplies $26,000 $84,000
Non-vehicle Related Taxes &Licenses $23,901
Training &Safety Programs $2 ,000 $2,000
Initial Public Education &Outreach 524,000 I
Continuing Public Education &Outreach $26,000
Uniforms
Bad Debt $100,000
Performance Bond $27,0 00
Corporate Overhead Charge (Please List)$300.0 00
Other (Please List)
Total Other Costs $659,000 $33,500 $113,401
Total Labor,Vehicle,Fuel,and Other Costs $907,652 $178,700 $181,398
Depreciation (non-route specific)and Start-Up Costs
Vehicle Depreciation
Other Depreciation $28,000
Procurement Cost Reimbursement $7,5 00
Total Depreciation and Start-Up Costs $35,500 $0 $0
Lease Costs
Total Labor,Vehicle,Fuel &Other Costs Allocated Out 100.00%$907,652 $178,700 $181,398
Depreciation and Start-Up Costs Allocated Out
To 5011.1 'Vaste Cart Service (6,'\)5.00%$1,775 SO $0
Tc,-<:e:'vdable Materials Cart Service (6A)~.70%$1,314 $0 $0----To Organic Materials Cart Service(6A)0.00%$0 $0 $0
To Solid Waste Bin Service (6B)53 .00%$18,815 $0 $0
To Recyclable Materials Bin Service (6B)38.30%$13,597 $0 $0
To Organic Materials Bin Service (6B)0.00%$0 $0 $0
To Solid Waste Roll-Off Service (6C)0.00%$0 $0 $0
To Organic Materials Roll-Off Service (6C)0.00%$0 $0 $0
Total Depreciation and Start-Up Costs Allocated Out 100.00%$35,500 $0 $0
Lease Costs Allocated Out
To Solid Waste Cart Service (6A)0.00%$0 $0 $0
To Recyclable Materials Cart Service (6A)0.00%$0 $0 SO
To Organic Materials Cart Service(6A)0.00%$0 $0 $0
To Solid Waste Bin Service (6B)0.00%$0 $0 $0
To Recyclable Materials Bin Service (6B)0.00%$0 $0 $0
To Organic Materials Bin Service (6B)0.00%$0 $0 $0
To Solid Waste Roll-Off Service (6C)0.00%$0 $0 $0
To Organic Materials Roll-Off Service (6C)0.00%$0 $0 $0
Total Lease Costs Allocated Out 0.00%$0 $0 $0
Total Allocated Out
Please describe allocation method used (e.g.tonnage,routes,etc.)
$943,152 $178,700 $181,398
te rling,Amrep calbe rolloff,2008
Ci ty of Fresno Commercial trucks
Peterbuilt 320,Amrep side loader,2008
iecifications (including dep reciable life rellected in cos t gro posals on Fo rm 8)
Rotonices Manufacturing,CA
Co n o liduted Manufacturing,CA
C onsolidated Manufacturing,CA
Ace Compactor Sales,Clovis Ca
h I
Mid Valley Disposal Recycling and Transfer Station
Mid Valley Disposal Recycling and Transfer Station
Mid Valle y Disposal Rec ycling and Transfer Station
15300 W Jensen Ave Kerman CA 93630
Direct Haul
~S I
dnz,Maintenance,Washing,etc.34 44 W.Whitesbridge Ave.Fresno,CA 93706 15300 W Jensen Ave Ker
rndlin o
rmation
aunts/customers 1272 365 2163 1243
ration
te personnel 1 0.2 11 2
y/person 9.00 9.00 9.00 9.00
urs/year 1,872.0 468.0 0.0 25,740.0 4.680.0 0.0 0 .0 0.0
ration
Weekday 2.00 1.00 16.60 3.60
Saturday 1.00 2.00
Sunday
ite per
Weekday 1.00 1.00 1.00 1.00 1.00
Saturday 1.00 1.00 1.00 1.00
Sunday
./day/route per
Weekday 4.00 5.00 4.00 5.00
Saturday 8.00 8.00
Sunday
./year per
Weekday 2,080.00 1,300.00 0.00 17,264.00 4,680.00 0.00 0.00 0.00
Saturday 416.00 0.00 0.00 832.00 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 2,496.00 1,300.00 0.00 18,096.00 4,680.00 0.00 0.00 0.00
1.20 0.63 0.00 8.70 2.25 0.00 0.00 0.00
er week for all routes 1,868 369 4,199 1,868
er year for all routes 97,136 19,188 0 218,348 97,136 0 0 0
er route hour 38.92 14.76 0.00 12.07 20.76 0.00 0.00 0.00
.rmation (annual)
lected 1,928 0 0 38,825 0 0 0 0
erials collected 162 4,606
lis collected 425
I 1,928 162 425 38,825 4,606 0 0 0
Iue disposed
Line 23+24-26)0 162 425 0 4,606 0 0 0
Pro
[ualLine 2 *Line 3 *260 days
.Information is to be reported for collection routes only and does not include any support (e.g.,container delivery routes,cleanup routes,missed pickup routes et
-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 processing site).
: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.
re 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.
.qual Line 201 Line 17
re input by proposer. Data should reflect the assumptions used for the basis of the costs proposed in Forms 6A - 6C.
re input by proposer.Data should reflect the assumptions used for the basis of the costs proposed in Forms 6A - 6C.
re 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
re 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
id return etc.
iivalent (FTE)=40 hours per week, 2,080 hours per year
Form 5 - Proposed Labor Requirements
Service Area No .1 D
Proposer Name: Mid Valley Disposal AU Bid Service Are a No .2 D
Route Per onnel (include casual/permanent pool)Proposed FTE
Solid Waste Cart Ser vice 0.8
Solid Waste Bin Service 10
Solid Waste Roll-Off Service
Rec yclable Materials Cart Service 0.2
Rec yclable Material s Bin S ervice 3
Organic Materials Cart Service
Organic Materials B in Service
Organic Materials Roll-Off Service
Subtotal 14
Other Personnel --;'
',,~'
~~.i;-~~','Proposed FTE
CEO/COO *
General Mana ger *
Controller *
Office Manager *
Operations Manager I
Operations/Route Supervi sor I
Dispatcher 0.5
Container Distribution I
Operation s Clerk *
Community Relation s M anager *
Recycling/Public Ed .Coordinator I
Customer Service Supervisor *
Customer Service Repre sentatives I
Inside Sales *
Billing and Collection s Manager *
Accountin g Clerk *
Receptioni st *
Safety Manager
Maintenance Sup ervisor 0.2
Shop Foreman *
Yard Personnel 1
Maintenance Pers onnel 1.5
Rec ycl ing Manager I
Other:
Other:
Other:
Subtotal 9.2
Total 23.2
Service Area No .3 0
Service Area No.4 D
Proposer Name: Mid Valley Disposal
......_-_....."'~~_···Y"'·_··~
Service Area No .I 0 Service Area No.3 []
Service Area No .2 0 Service Area No .4 0
Driver Wages per Hour $ 18.00--Co C ontainer Delivery Wages per Hour $ 16.00'"<l)
OIl (\l Dispatcher Wages per Hour $18.00(\l -~~Supervisor Salarv per Year $50.000
Ops Manager Salary per Year $ 75,000
'"Driver Annual Bonus ($)$1.000.00
;jc Support Staff Annual Bonus ($)$500.000enSalariedBonus(%)3%
en 40I (k)lPension Contribution (%of Regular Wages)4%~
<l)Health & Welfare Benefits ($ per Employee/Yr.)$ 5,000
c
<l)en Uniforms ($ per Employee/Yr.)$125.00
en Overtime Premium %50%
~Driver Hours per Day 9;j
ct::Support Staff Hours per Day 8..:.:....Collection Days per Year 2600
~Paid Time Off Days per Year 14
rorm 0 -\"apllal rcequrremerus
Proposer Name: Mid Valley Disposal Alt Bid
Ser vice Area No .I 0
Service Area No .2 0
Service Area No.3 [
Service Area No.4 [
Quant ity
Co llection Vehicles Regular Spare Total Total Proposed $
Side /Rear-Loader I I $146 ,000
Front-End Loaders 10 I II $1 ,755 ,000
Roll-Off
"'it'''''',..Othe r Vehicles .~Regular Spare Total Total P rop 6~~~lY$i>
Transfer Vehicles
Pickup Trucks I 1 $30,000
Container Distribution I 1 $50 ,000
Mobile Service Truck
Containers Regular Spare T otal 'fotal Proposed $
Carts 1360 50 1410 $1,512,000
Bins 1317 50 1367 S60 ,000
Roll-Off Boxes
Compactor Bin s
Compactor Roll-Off Boxes
Other ~Total Proposed $
Shop Equipment
Fueling Equipment
Computer and Office Equipment
Start-up Capital
Total $3 ,553,000
1 h l"I:H<.1UU 1 Cart Service (Form 8A)Bin Service [Form 8B)Roll-Off Service (Form 8 1
Recyclable Or ganic Recyclable Organic
So lid Was te M ateria ls Ma te ria ls So lid Wa te M ateria ls M aterials So lid Waste Organic M,
oerations
;$33,544 $26,991 $339 $474,373 $377,862 $0 $0
.ts $17,430 $12,750 $176 $211,271 $152,989 $0 $0
$15,314 $16,802 $155 $185,623 $201,626 $0 $0
$3,513 $2,189 $35 $33,430 ($27,732)$0 $0
$43,304 $31,674 $437 $177,241 $128,346 $0 $0
ts -Labor,Vehicle,Fuel &Other $31,680 $21,932 $0 $675,033 $489,825 $0 $0
ts -Depreciation &Start-Up $923 $639
$0 $19,667 $14,271 $0 $0
.of Operations $145,708 $112,977 $1,142 $1,776,638 $1,337,187 $0 $0
$12,670 $9,824 $99 $154,490 $116,277 $0 $0
ts
$32,093 $23,240 $0 $1,114,278 $0 $0 $0
$0 $0 $8,500 $0 $0 $0 $0
$5,961 $4,316 $0 $97,156 $70,354 $0 $0
$0 $0 $0 $0 $0 $0 $0
ts -Lease $0 $0 .$.!I .$.Q $0 $0 .$.Q
h Costs $38,054 $27,556 $8,500 $1,211,434 $70,354 $0 $0
City Fees*$196,432 $150,357 $9,742 $3,142,562 $1,523,818 0 $0
---------------------
---------------------
mt &Enforcement Fee ---------------------
:e Fee
:s
1MARY (Total Costs from Forms 8A through 8D)
or-Related Costs (indude regular &pool personnel)
~egular Wages
)vertime Wages
-Ioliday Wages
Tacation Wages
;ick Leave Wages
Vorkers Compensation Insurance Premiums
Vorkers Compensation Claims
-Iealth &Welfare
'ensionj Retirement Benefits
'ayroll Taxes
)ther (Please List)
11 Labor Related-Costs
ide-Related Costs (do not include depreciation)
'ires &Tubes
'arts &Supplies (fluid,oil, etc,)
"axes &Licenses
)ther (Please List)
11 Vehicle-Related Costs
Costs
er Costs
.iability &Property Damage Insurance
\quipment Insurance
"raining &Safety Programs
Jniforms
)ther (Please List)
11 Other Costs
ct Depreciation
=ontainer Depreciation
~oute Vehicle Depreciation
)ther Depreciation
II Direct Depreciation
cated Costs -Labor,Vehicle,Fuel &Other Costs
'rom General and Administrative (6D)
'rom Vehicle Maintenance (6D)
'rom Container Maintenance (6D)
II Allocated Costs -Labor,Vehicle,Fuel &Other Costs
Year 1
$549,176
$102,970
$13,504
$22,507
$0
$60,467
$2,218
$73,620
$28,542
$60,104
$0
$913,109
$47,840
$312,000
$32,500
$2,276
$394,616
$419,519
$0
$52,000
$10,000
$1,755
($100,000)
($36,245)
$85,387
$144,480
$0
$229,867
$859,652
$178,700
$180,119
$1,218,471
'rom LJeneral ana Aurrurustranve ~bU)
'rom Vehicle Maintenance (6D)
'rom Container Maintenance (6D)
II Allocated Costs -Depreciation and Start-Up Costs
II Annual Cost of Operations
it (%Operating Ratio; i.e. 95%):
iosal Cost
Processing Costs
Recyclables Processing Costs
Organics Processing Costs
II Net Processing Costs
rest Expense
ct Lease Costs
~oute Vehicles
)ther (Please List)
II Direct Lease Costs
cated Lease Costs
'rom General and Administrative (6D)
'rom Vehicle Maintenance (6D)
'rom Container Maintenance (6D)
II Allocated Lease Costs
II Pass-Through Costs
II Cost Before City Fees
:ity Fees
City fees 19.4%(Franchise,AB 939,Contract Mgt)
AB 939 Fee
Contract Management &Enforcement Fee
Shedding Fee
Landfill Maintenance Fee
Landfill Closure Fee
Landfill Debt Service Fee
.otal City Fees
II Proposed Annual Cost
0.92 1%
I $ 28.70 II ton
~/t on
~/t ol1
0.2407
$0
$0
$35,500
$3,174,837
$293,361
$1,169,611
$0
$8,500
$8,500
$177,787
$0
$0
$0
$0
$0
$0
$0
$1,355,898
$4,824,096
$1,161,160
$0
$0
$0
$0
$0
$0
$1,161,160
$5,985,256
Total Labor Related-Costs $33,544 $26,991 $339
Vehicle-Related Costs (do not include depreciation)
Tires &Tubes $2,113 $1,546 $21
Parts &Supplies (fluid,oil, etc,)$13,781 $10,080 $139
Taxes &Licenses $1,436 $1,050 $15
Other (Please List)$101 $74 $1
Total Vehicle-Related Costs $17,430 $12,750 $176
Fuel $15,314 $16,802 $155
Other Costs
Liability &Property Damage Insurance $0 $0
Equipment Insurance $2,297 $1,680 $23
Training &Safety Programs $1,148 $840 $12
Uniforms $67 $49 $1
City Processing Fees $810
City Royalty fee $810
Recycling Commodity Sales ($2,000)
Total Other Costs $3,513 $2,189 $35
Direct Depreciation
Container Depreciation $34,801 $25,455 $352
Route Vehicle Depreciation $8,502 $6,219 $86
Other Depreciation
Total Direct Depreciation $43,304 $31,674 $437
Allocated Costs -Labor,Vehicle,Fuel &Other Costs
From General and Administrative (6D)$22,351 $15,474 $0
From Vehicle Maintenance (6D)$4,646 $3,217 $0
From Container Maintenance (6D)$4,683 $3,242 $0
Total Allocated Costs -Labor,Vehicle, Fuel &Other $31,680 $21,932 $0
Allocated Costs -Depreciation and Start-Up Costs
From General and Administrative (6D)$923 $639 $0
From Vehicle Maintenance (6D)$0 $0 $0
From Container Maintenance (6D)$0 $0 $0
Total Allocated Costs -Depreciation and Start-Up $923 $639 $0
Total Operating Costs $145,708 $112,977 $1,142
Profit (%Operating Ratio;i.e.95%):0.92 %
$12,670 $9,824 $99
Disposal Costs $28.70 Iton $32,093 $23,240
Net Processing Costs
Recyclables Processing Costs Iton
Organics Processing Costs $20.00 Iton $8,500
T~.._l .....1~..D ___~~~:_~r_~..~C'A orA tPo Cf\f\
Other (Please List)
'otal Labor Related-Costs $474,373 $377,862 $0
'ehicle-Related Costs (do not include depreciation)
Tires &Tubes $25,613 $18,547
Parts &Supplies (fluid,oil,etc.)$167,040 $120,960
Taxes &Licenses $17,400 $12 ,600
Other (Please List)$1,218 $882
'otal Vehicle-Related Costs $211,271 $152,989 $0
uel $185,623 $201,626
rther Costs
Liability &Property Damage Insurance $0 $0
Equipment Insurance $27,840 $20,160
Training &Safety Programs $4,640 $3,360
Uniforms $950 $688
City Processing Fees $23,030
City Royalty fee $23,030
Recycling Commodity Sales ($98,000)
'otal Other Costs $33,430 ($27,732)$0
iirect Depreciation
Container Depreciation $74,] 88 $53,722
Route Vehicle Depreciation $] 03,053 $74 ,624
Other Depreciation
'otal Direct Depreciation $]77,24]$]28,346 $0
.llocated Costs -Labor,Vehicle,Fuel &Other Costs
From General and Administrative (6D)$476,247 $345,580 $0
From Vehicle Maintenance (6D)$99,000 $71,837 $0
From Container Maintenance (6D)$99,786 $72,408 $0
'otal Allocated Costs -Labor,Vehicle, Fuel &Other $675,033 $489,825 $0
.llocated Costs -Depreciation and Start-Up Costs
From General and Administrative (6D)$19,667 $]4,27]$0
From Vehicle Maintenance (6D)$0 $0 $0
From Container Maintenance (6D)$0 $0 $0
'otal Allocated Costs -Depreciation and Start-Up $]9,667 $]4,271 $0
'otal Operating Costs $],776,638 $],337,]87 $0
rofit (%Operating Ratio;i.e.95%):0.92 %$154,490 $] 16,277 $0
iisposal Costs $28.70 jton si.:]4,278
Jet Processing Costs
Recyclables Processing Costs jton
r-'\__....._.:..-,..0 ...................,..,....:__r-"..........J......'"!'\f'\{\f\IL __
Other (Please List)$0
'otal Labor Related-Costs $0 $0 $0
'ehicle-Related Costs (do not include depreciation)
Tires &Tubes $0
Parts &Supplies (fluid,oil,etc.)$0
Taxes &Licenses $0
Other (Please List)$0
'otal Vehicle-Related Costs $0 $0 $0
uel $0
nher Costs
Liability &Property Damage Insurance $0
Equipment Insurance $0
Training &Safety Programs $0
Uniforms $0
Other (Please List)$0
'otal Other Costs $0 $0 $0
>irect Depreciation
Container Depreciation $0
Route Vehicle Depreciation $0
Other Depreciation $0
'otal Direct Depreciation $0 $0 $0
.llocated Costs -Labor,Vehicle,Fuel &Other Costs
From General and Administrative (6D)$0 $0 $0
From Vehicle Maintenance (6D)$0 $0 $0
From Container Maintenance (6D)$0 $0 $0
'otal Allocated Costs -Labor,Vehicle, Fuel &Other $0 $0 $0
.llocated Costs -Depreciation and Start-Up Costs
From General and Administrative (6D)$0 $0 $0
From Vehicle Maintenance (6D)$0 $0 $0
From Container Maintenance (6D)$0 $0 $0
'otal Allocated Costs -Depreciation and Start-Up $0 $0 $0
'otal Operating Costs $0 $0 $0
rofit (%Operating Ratio;i.e.95%):1 %$0 $0 $0
iisposal Costs $ 28.70 /ton $0
ret Processing Costs
Recyclables Processing Costs $/ton $0
Organics Processing Costs $20.00 /ton $0
'otal Net Processing Costs $0 $0 $0
Overtime Wages SO $13,725 $31,842
Holiday Wages $4,272 $2,280 $576
Vacation Wages $7,120 $3,800 $960
Sick Leave Wages $0 $0 $0
Workers Compensation Insurance Premiums $16,266 $9,887 $2,579
Workers Compensation Claims $0 $0 $0
Pension/Retirement Benefits $7,405 $4,501 $1,174
Payroll Taxes $16,661 $10,127 $2,642
Health &Welfare $23,200 $8,160 $4,800
Total Labor Related-Costs $248,652 $145,200 $67,997
Vehicle-Related Costs
Tires &Tubes
Parts
Parts &Supplies (fluid,oil, etc,)
Total Vehicle-Related Costs $0 $0 $0
Fuel Costs
Other Costs
Liability &Property Damage Insurance $I50,000
Equipment Insurance
Rent $6,000 $3 1,500 $3,500
Utilities
Telephone
Non-vehicle Related Supplies $21,000 $84,000
Non-vehicle Related Taxes &Licenses $22,622
Training &Safety Programs $2,000 $2,000
Initial Public Education &Outreach S22,OOO l
Continuing Public Education &Outreach $25 ,000 [
Uniforms
Bad Debt $60,000
Performance Bond $27,000
Corporate Overhead Charge (Please List)$300 ,000 l
Other (Please List)
Total Other Costs $611,000 $33,500 $112,122
Total Labor,Vehicle,Fuel,and Other Costs $859,652 $178,700 $180,119
Depreciation (non-route specific)and Start-Up Costs
Vehicle Depreciation
Other Depreciation $28,000
Procurement Cost Reimbursement $7 ,5 00
Total Depreciation and Start-Up Costs $35,500 $0 $0
Lease Costs
Total Labor,Vehicle,Fuel &Other Costs Allocated Out 100.00%$859,652 $178,700 $180,119
Depreciation and Start-Up Costs Allocated Out
To Solid Waste Cart Service (6A)2.60%$923 $0 $0
To Recyclable Materials Cart Service (6A)1.80%$639 $0 $0
To Organic Materials Cart Service(6A)0.00%$0 $0 $0
To Solid Waste Bin Service (6B)55.40%$19,667 $0 $0
To Recyclable Materials Bin Service (6B)40.20%$14,271 $0 $0
To Organic Materials Bin Service (6B)0.00%$0 $0 $0
To Solid Waste Roll-Off Service (6C)0.00%$0 $0 $0
To Organic Materials Roll-Off Service (6C)0.00%$0 $0 $0
Total Depreciation and Start-Up Costs Allocated Out 100.00%$35,500 $0 $0
Lease Costs Allocated Out
To Solid Waste Cart Service (6A)0.00%$0 $0 $0
To Recyclable Materials Cart Service (6A)0.00%$0 $0 $0
To Organic Materials Cart Service(6A)0.00%$0 $0 $0
To Solid Waste Bin Service (6B)0.00%$0 $0 $0
To Recyclable Materials Bin Service (6B)0.00%$0 $0 $0
To Organic Materials Bin Service (6B)0.00%$0 $0 $0
To Solid Waste Roll-Off Service (6C)0.00%$0 $0 $0
To Organic Materials Roll-Off Service (6C)0.00%$0 $0 $0
Total Lease Costs Allocated Out 0.00%$0 $0 $0
Total Allocated Out
Please describe allocation method used (e.g.tonnage,routes,etc.)
$895,152 $178,700 $180,119
EXHIBITD
IMPLEMENTATION PLAN
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2.4
Technical Proposal/Implementation Plan
As indicated in Section 1of this Proposal,MVD has obtained some of its collection contracts through the
competitive bidding process and has,in one instance implemented a contract and privatized collection at the
same time.MVD has above average similar service initiation experience.The outcome of this experience is
that MVD has learned that the following measures ensure success:
Collaboration :A collaborative process between involved parties assures a smoother transition.Regular
communication is essential,and MVD recommends regular coordination meetings beginning right after
the contract are signed.
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.
Expert execution of tasks:MVD's team of seasoned industry professionals-all personally experienced
in contract start-ups-will ensure that each task/subtask is completed within the specified timeframe
and to City specifications.
The Chart on the following page represents the key activities and dates associated with them.
Implementation Schedule
M IO V .......c:...0 ._11I"O _ 410.....''''''
10 Task Start Date End Do te
1 Contract Award/Negotiations 07-01-11 10-01-11
City-Hauler Weekly Coordination MeetinQs BeQin
2 Site Related Activities 10-01-11 11-15-11
Reopen Fresno Office
3 DriverHirinq,Orientation ,and Iroininq 10-15-11 11-30-11
4 Customer Service Representatives 11-01-11 12-01-11
Hirinq,Orientation,and Traininq
5 Systems Development -Accounting and Customer 10-01-11 11-30-11
Service/Database Management
Trackswith Routina/Mappina.and Auditina
6 Systems Development -Routing/Mapping 11-01-11 11-30-11
Verify Service Addresses, BillingAddresses,Service Types,and
Frequencies
Turn Routes Over to City for Approval
7 Public Education and Outreach Planning -10-01-11 11-30-11
Includinq Website Updates
8 Notification to All Customers of Program Changes and 11-01-11 -
Availability of Recyclinq Technical Assistance
9 Vehicle Procurement.Reqistration.Maintenance,Paintinq 11-01-11 12-01-11
10 Service Start Date 12 -01-11 -
, 1 Recyclinq Opportunity Audits 11-15-11 Onooino
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
Kochergen Composting Organic material composting
33915 A venal Cutoff Rd
Avenal.CA 93204
Cedar A venue Recycling Transfer/Processing materials to Mid Valley Disposal
&Transfer Station
3457 S Cedar Ave
Fresno.CA 93725
Page 1 of 1 Exhibit B
EXHIBITF
CITY SERVICE LOCATIONS
This page intentionally left blank
Container Container
Address Street Customer Name Service Type Qua ntity Size Freauencv
554 5 E AIRCORPWAY CITY O F F RESNO FIRE STA 10 Solid Waste Bin 1 1 2
554 5 E AIRCORP WAY CITY OF FRESNO FIRE STA 10 Recyclina Bin 1 2 1
554 5 E AIRCORP WAY CITY OF FRESNO FIRE STA 10 Orqanics Cart 2 96 1
5570 E AIRCORP WAY CITY OF FRESNO AIRPORT DEPT Solid Waste Cart 1 64 ,
5350 E AIRWAYS BLVD CI TY OF FRESNO AIRPORT DEPT Solid Waste Bin 1 2 1
5350 E AIRWAYS BLVD C ITY OF FRESNO AIRPORT DEPT Recyclina Bin 1 2 1
499 5 E ANDERSEN AVE C ITY OF F RESNO AIRPORT DEPT Solid Waste Cart 1 96 1
499 5 E ANDERSEN AVE C ITY OF FRESNO AIRPORT DEPT Orqanics Cart 1 96 1
5042 E ANDERSEN AVE C ITY O F F RESNO AIRPORT DEPT Recyclinq Bin 1 4 1
504 2 E AN DERSEN AVE C ITY OF FRESNO AIRPORT DEPT Solid Waste Bin
,2 ,
5074 E ANDERSEN AVE C ITY OF FRESNO AIRPORT DEPT Solid Waste Bin
,3 2
5074 E AND ERSEN AVE C ITY OF FRESNO AIRPORT DEPT Recyclinq Bin 1 4 3
5074 E ANDERSEN AVE C ITY OF FRESNO AIRPORT DEPT Solid Waste Bin 1 1 1
5074 E ANDERSEN AVE C ITY OF FRESNO AIRPORT DEPT Recyclinq Bin 1 1 1
5074 E ANDERSEN AVE C ITY OF FRESNO AIRPORT DEPT Solid Waste Bin
,1 2
5074 E ANDERSEN AVE C IT Y OF FRESNO AIRPORT DEPT Recyclinq Bin
,1 2
5074 E ANDERSEN AVE C ITY OF FRESNO AIRPORT DEPT Solid Waste Bin 1 4 1
5074 E ANDERSEN AVE CITY O F FRESNO AIRPORT DEPT Recyclina Bin 1 2 2
49 95 E BAL CH AV E CITY OF FRESNO Solid Waste Bin 1 4 2
499 5 E BALCH AVE CITY OF FRESNO Recyclinq Bin 1 4 ,
4670 E BUTLER Mosqueda Center Solid Waste Bin 1 6 3
499 5 E CLINTON WAY F A T Recyclinq Bin 1 2 1
499 5 E CLINTON WAY F A T Recyclinq Bin 1 6 1
499 5 E CLINTON WAY FAT Solid Waste Bin 1 4 2
5175 E CLINTON WAY FAT Solid Waste Bin 2 6 2
452 2 E CORTLAND AVE CITY OF FRESNO WATER Solid Wasle Bin 1 2 1
356 6 E DAKOTA AVE,Einstein Park Solid Waste Bin 1 2 2
356 6 E DAKOTA AVE .Einstem Park Recyclinq Bin 1 2 2
306 5 E IOWA AVE CITY OF FRESNO FIRE STA 4 Recyclinq Bin 1 1 1
306 5 E IOWA AVE CITY O F F RESNO FIRE STA 4 Solid Waste Bin 1 1 2
5191 E MCKINLEY AV E CITY OF FRESNO AIRPORT DEPT Solid Waste Bin 1 2 1
5191 E MCKINLEY AVE CITY OF FRESNO AIRPORT DEPT Recyclina Bin 1 2 1
563 0 E PARK CIRCLE DR C ITY OF FRESNO FIRE STA 15 Orqanics Cart 2 96 1
56 30 E PARK CIRCLE DR CITY OF FRESNO FIRE STA 15 Solid Waste Cart 2 96 1
5630 E PARK CIRCLE DR CITY OF FRESNO FIRE STA 15 Recvclinq Cart 2 96 1
488 5 E SHIELDS AVE CITY OF FRESNO AIRPORT DEPT Solid Waste Bin 1 3 2
488 5 E SHIELDS AVE CITY OF FRESNO AIRPORT DEPT Recvclinq Bin 1 4 3
1910 E UNIVERSITY C ITY O F FRESNO WATER Solid Waste Bin 1 3 J
1910 E UNIVERSITY CITY OF FRESNO WATER Recyclinq Bin 1 4 2
1910 E UNIVERSITY AVE CITY OF FRESNO WATER Solid Waste Cart 1 96 2
2970 E WELDON AV E CITY OF FRESNO RECREATION Solid Waste Cart 2 64 2
328 6 N AIR CARGO LN CITY OF FRESNO AIRPORT DEPT Solid Waste Bin 1 4 1
328 6 N AIR CARGO LN CITY OF FRESNO AIRPORT DEPT Recyclinq Bin 1 4 1
745 N FIRST ST ROMAIN PLAYGROUND Solid Waste Bin 1 4 2
745 N FIRST ST ROMAIN PLAYGROUND Recvclinq Bin 1 2 2
3414 N FRESNO ST M ANCHESTER PARK Solid Waste Bin 1 2 2
1264 N JACKSON AVE C ITY OF FRESNO FIRE STA 1 Recyclina Bin 1 2 1
1264 N JACKSON AVE C IT Y OF FRESNO FIRE STA 1 Solid Waste Bin 1 2 2
1264 N JACKSON AVE C ITY OF FRESNO FIRE STA 1 Orqanics Cart 2 96 1
3050 N WINERY AVE C ITY O F F RESNO AIRPORT DEPT Solid Waste Cart 1 96 1
305 0 N WINERY AVE C ITY OF FRESNO AIRPORT DEPT Recvclinq Bin 1 2 1
3050 N WINERY AVE C ITY OF FRESNO AIRPORT D EPT Oraanics Cart 1 96 1
4109 N WINERY AVE C ITY OF FRESNO WATER Solid Wasle Bin 1 6 1
1621 S CEDAR C ity of Fresno-Recreation Solid Waste Bin 1 3 2
1428 S CEDAR AVE C IT Y OF F RESNO FIRE STA 8 Solid Waste Cart 2 96 1
1428 S CEDAR AVE CITY OF FRESNO FIRE STA 8 Recyclinq Cart 2 96 1
1617 S CEDAR AVE C ity or Fresno Recyclinq Cart 1 96 1
1617 S CEDAR AVE C ity of Fresno Solid Waste Bin 1 2 2
1350 E ANNADALE Headstartllvv Center Solid Waste Bin 1 3 2
1350 E ANNADALE Headstartllvy Center Solid Waste Bin 1 2 2
1516 E PRINCETON Lafayette Park Solid Waste Bin 1 2 2
242 5 FRESNO CITY OF FRESNO RECREATION Recyclinq Bin 1 4 1
242 5 FRESNO CITY OF FRESNO RECREATION Solid Waste Bin 1 4 1
2600 FRESNO Fresno City Hall Solid Waste Bin 2 4 6
2600 FRESNO Fresno City Hall Recyclinq Bin 2 4 5
1406 F RESNO ST CITY OF FRESNO FIRE STA 3 Solid Waste Bin 1 2 2
1406 FRESNO ST CITY OF FRESNO FIRE STA 3 Recyclinq Bin 1 4 2
232 6 FRESNO ST Old City Hall Solid Waste Bin 1 2 6
232 6 FRESNO ST Old City Hall Recyclina Bin 1 2 5
Container Container
Address Street Customer Name
Service Tvpe Quantit v Size Frequencv
2444 FRESNO ST CITY OF FRESNO WATER·Solid Waste Cart 1 64 2
2101 G CITY OF FRESNO FACILITIES
Solid Waste Bin 1 6 1
2101 G C ITY OF FRESNO FACILITIES
Solid Waste Bin 1 2 2
2101 G City YardNeh Repair Bays
Solid Waste Bin 2 1 2
2101 G ST City YardlVehicie Wash Canopy Solid Waste Cart 11 96 1
2101 G ST City Yard/S ewer Solid Waste Cart 1 96 2
2101 G ST C ity Yard
Solid Waste Cart 5 96 1
2101 G ST C ITY OF FRESNO
Solid Waste Cart 1 96 2
2101 G ST City Yard/Canopy "M"Solid Waste Cart
1 96 2
2101 G ST City Yard/Under Canopy "N"Solid Waste Cart 1 96 2
2101 G ST City Yard/Repaired Veh Canopy Solid Waste Cart
1 9 6 2
2101 G ST CITY OF F RESNO Solid Waste Cart 1 96 2
2101 G ST CITY OF FRESNO
Solid Waste Cart 1 96 2
2101 G ST City Yard/P.O.Vehicle Canopy Solid Waste Cart 2 96 2
2101 G ST City Yard/~anitation STREETS Solid Wa ste Cart 1 96 1
2101 G ST CITY OF FRESNO FACILITIES Solid Waste Bin
1 2 1
2101 G ST CITY OF FRESNO FACILITIES
Recvclinq Bin 1 6 2
2101 G ST CITY OF FRESNO
Recvclinq Bin 2 2 1
2101 G ST CITY OF FRESNO Solid Waste Bin 2 1 2
2101 G ST C ITY OF FRESNO FACILITIES
Solid Waste Bin 2 3 2
2101 G ST C ITY OF FRESNO FACILITIE S Recvclinq Bin 1 2 1
2101 G ST City Yard/Sanitation Solid Waste Bin 1 1 1
2101 G ST City Yard/Gas Pumps Recvclinq Cart
1 96 1
2101 G ST City YardNehicle Wash Canopy
Recvclinq Cart 3 96 2
2101 G ST City Yard/Canopy "M"Recvclinq Cart 1 9 6 1
2101 G ST Citv Yard/Under Canopy "N"Recvclinq Cart
1 96 1
2101 G ST City Yard/Repaired Veh Canopy
Recyclinq Cart 1 96 1
2101 G ST City Yard/P.O. Vehicle Canopy Recvclinn Cart 1 96 1
2101 G ST City Yard/Sewer
Recvclinq Bin 1 1 2
2101 G ST City Yard/Sanitation Streets Recyclinq Bin 3 1 2
2101 G ST City Yard Solid Waste Bin 1 1 1
2101 (; ST Citv Yard Recvclinq Bin 1 2 2
2101 G ST City Yard
Solid Waste Bin 2 1 1
2101 G ST City Yard
Recvclinq Bin 1 2 2
2101 G ST C ITY OF FRESNO Solid Waste Bin
1 1 1
2101 G ST CITY OF FRESNO Recvclinq Bin 1 4 2
2101 G ST City Yard/Gas Pumps Recyclinq Bin 1 4 2
2101 G ST City Yard/Gas Pumps Solid Waste Bin 1 1 1
2101 G ST City YardNehicle Wash Canopy
Solid Waste Bin 2 3 2
2101 G ST City YardNehicie Wash Canopy Recyclinq Bin 1 2 2
2101 G ST C ITY OF FRESNO Recvclinq Cart
1 96 1
2101 G ST C ITY OF FRESNO Orqanrcs Cart 3 96 1
2101 G ST City Yard/Radio Shop Solid Waste Cart 1 96 2
2101 G ST C ity Yard/Radio Shop Recvclinq Bin 1 1 2
2101 G ST City YardNeh Repair Bavs Recvclinq Bin
1 4 2
2101 G ST City YardlVeh Repair Bavs Solid Waste Cart 16 96
2
2101 G 5 T City YardNeh Repair Bavs Recyclinq Bin 1 2 2
2101 G ST City YardlVeh Repair Bavs RecVclinq Cart 7 96 2
2101 G ST City YardNeh Repair Bays
So lid Waste Bin 3 2 2
222 3 G ST City of Fresno FAX Recvclinq Bin 2 2 2
2223 G ST City of Fresno FAX Solid Waste Bin 1 2 3
222 3 G ST Citv of Fresno FAX Recyclinq Bin 1 4 2
2223 G ST Citv of Fresno FAX GB 1 1 1
2223 G ST CITY OF FRESNO FAX G B 1 1 1
2101 G St Bldq Y CITY OF FRESNO FACILITIES Recvclinq Bin 1 2 2
2101 G St Bldq Y CIT Y O F F RESNO FACILITIES Recvclinq Bin 2 3 1
2101 G Str Bldq G City Yard. STREETS Recvclinq Carl 5 96 1
2101 G Str Bldq V CITY OF FRESNO FACILITIE S Recvclinq Cart 1 96 1
2101 G Street CITY OF FRESNO FACILITIES Solid Waste Bin 1 2 2
2101 G Street CITY OF FRESNO FACILITIES Solid Waste Bin 1 4 2
22 23 G Street City of Fresno FAX Solid Waste Bin 2 6 3
222 3 G Street City of Fresno FAX Solid Waste Bin 2 3 3
2223 G Street City of Fresno FAX Solid Waste Bin 4 5 5
222 3 G Street Citv of Fresno FAX Solid Waste Bin 1 4 3
2323 MARIPOSA MALL Fresno Police Dept Solid Waste Bin 2 2 5
2323 MARIPOSA MALL Fresno Police Dept Recvclinq Bin 1 2 5
760 MAYOR Frank H.Ball Plavornd .Recvclinq Bin 1 4 2
760 MAYOR Frank H.Ball Playqrnd Sohd W aste Bin 1 3 2
940 N BROADWAY Fresno Police Dept.Solid Waste Bin
1 2 2
Container Container
Address Street C ustomer Name
Service Type Ou antitv Size Frequency
9~0 N BROADWAY Fresno Police Dept.
Solid Waste Bin 1 1 2
9~0 N BROADWAY Fresno Police Dept.Recyclino Cart 1 96 1
50 N CALAVERAS D ickey Plavqround Solid Waste Bin 1 2 2
3131 N FRESNO ST C ITY OF FRESNO FIRE STA 5 Solid Waste Cart 1 96 2
2510 N POLK AVE C ITY OF FRESNO FIRE STA 16 Orqanics Cart 2 96 1
2510 N POLK AVE C ITY OF FRESNO FIRE STA 16 Solid Waste Cart 2 96 1
2510 N POLK AVE C ITY OF FRESNO FIRE STA 16 Recvcuno C art 2 96 1
770 N San Pablo #B Ted C .Wills HeadstartiPark Solid Waste Bin 1 3 3
770 N San Pablo #B Ted C .Wills HeadstartiPark So lid W aste Bin 2 3 5
770 N SAN PABLO AVE Ted C .Wills HeadstartiPark RecyclinQ Bin 1 3 1
23 ~O N VAG EDES AV E CITY OF FRESNO FIRE STA 9
Solid Waste Bin 1 1 2
234 0 N VAGEDES AVE CITY OF FRESNO FIRE STA 9
Recvclinq Bin 1 1 1
23~0 N VAGEDES AVE CITY OF FRESNO FIRE STA 9
Oroanics Cart 3 96 1
1007 R ST CITY OF FRESNO RECREATION Solid Waste Cart
1 96 1
1007 R ST CITY OF FRESNO RECREATION RecyclinQ Cart 1 96 1
2571 S CHERRY AVE CITY OF FRESNO FIRE STA 7
Recycli no Bin 1 1 1
2571 S CHERRY AVE CITY OF FRESNO FIRE STA 7
Orqanics Cart 3 96 1
2571 S CH ERRY AV E CITY OF FRESNO FIRE STA 7 Solid Waste Bin 1 1 1
238 5 S FAIRVIEW Cecil C Hinton Comm .Center Solid Waste Bin
1 6 2
22 ~S FIRST Holme s Plavqround Recvclino Bin 1 ~2
22 ~S FIRST Holmes Plavoround Solid Waste Bin 1 2 2
22~S FIRST ST HOLMES PLAYGROUND Orqanics Cart 6 96 1
53 5 S TRINITY FINK WHITE
Soli d Waste Bin 1 2 2
265 0 TULARE C ity of Fresno/Amtrak Solid Waste Bin 1 3 2
2650 TU LARE City of Fresno/Amtrak Recvclino Bin 1 ~1
1231 VAN NESS AVE C ity of Fresno
Solid Waste Bin 1 2 2
89~W BELMONT AVE Cha ffe e Zoo in Roedino Park Solid Waste Bin 2 2 7
89 ~W BELMONT AVE C haffee Zoo in Roedinq Park
Solid Waste Bin 1 4 7
89~W BELMONT AVE Tippers.@ Nand S oates .scvb size capacity of 2cyb
Solid Waste Bin 5 3 7
89 4 W BELMONT AVE ST ORYLAND in ROEDING PARK
Solid Waste Bin 2 2 7
89~W BELMONT AVE Playland in ROEDING PARK Solid Waste Bin 1 ~6
89~W BELMONT AVE Roedino Park
Solid Waste Bin 1 ~6
89 ~W BELMONT AVE Roedino Park Solid Waste Bin 2
2 7
89~W BELMONT AVE Roedino Park
Recvclinq Bin 1 4 1
89 6 W BELMONT AVE Chaffee Zoo in RoedinQ Park
TR 1 4 1
95 0 W CHANDLER C ITY OF FRESNO AIRPORT DEPT Solid Waste Bin 2 2 2
80 8 W DAKOTA AVE OUIGLEY PARK Solid Waste Bin 1 2 2
80 8 W DAKOTA AVE OUIGLEY PARK Recvclino Bin
1 2 2
13~5 W EDEN AVE Sunset Center
Solid Waste Bin 1 1 1
1345 W EDEN AVE Sunset Center Recvclinc Bin 1 1 1
560 7 W JENSEN C ity of Fresno/Sewaqe Solid Waste Bin 6 1 2
5607 W JENSEN C ITY OF FRESNO SEWER MAINT Solid Waste Bin 1 1 2
560 7 W JENSEN C ity of Fresno/Sewaqe Solid Waste Bin 1 3 2
5607 W JENSEN City of Fresno/Sewaoe Recvclinq Bin 2 6 2
560 7 W JENSEN AVE C ity of Fresno/Sewaoe Solid Waste Bin 1 6 2
5!0 W KEARNEY BLVD CITY OF FRESNO AIRPORT DEPT Solid Waste Cart 1 64 2
510 W KEARNEY BLVD CITY OF FRESNO AIRPORT DEPT Solid Waste Cart 1 96 2
510 W KEARNEY BLVD CITY OF FRESNO AIRPORT DEPT Recvclinq Cart 1 96 2
520 W KEARNEY BLVD CITY OF FRESNO AIRPORT DEPT Solid Waste Bin
1 1 1
520 W KEARNEY BLVD CITY OF FRESNO AIRPORT DEP T Recvclinc Bin 1 1 1
52 4 W KEARNEY BLVD CITY OF FRESNO AIRPORT DEPT Recvclinq Cart
1 96 1
52~W KEARNEY BLVD C ITY OF FRESNO AIRPORT DEPT Solid Waste Cart
1 6~2
5~8 W KEARN EY BLVD C ITY OF FRESNO AIRPORT DEPT Solid Waste Cart 1 6~2
66 8 W KEARNEY BLVD C ITY OF FRESNO AIRPORT DEPT Solid Waste Cart 1 96 2
EXHIBITG
PUBLIC EDUCATION AND COMMUNITY OUTREACH PROGRAMS
2.8
Technical Proposal I Public Education/Recycling Technical Assistance
The objective of this section is to a)convey MVD's competency in developing and managing public
education programs;b)relay its proposed plan for outreach during the transition period and beyond;c)
illustrate the Company's willingness to become involved in the community.A draft Public Education Plan to
serve as the basis for the final plan for contract year one is included in this section.
MVD owners have been collecting solid waste and recyclable materials for decades;and during this time
outreach efforts have had to flex with industry changes to ensure proper communication of them to
customers.This resulting communications experience will positively affect a smooth transition between
contractors for MVO customers.
MVD's approach to communicating with its customers is simple and creative.It respects the fact people are
inundated with too much information.All materials convey solid reasons for cultivating new,green behaviors
in order to motivate customers,and will also identify additional resources for customers who want to know
more about environmental issues.
Although a consistent message repetitively delivered in an abbreviated,catchy way is most effective,once
the desired behaviors are adopted by customers regular reinforcement is required to sustain them.Finally,
emphasiZing the difference an individual's recycling practices makes is helpful.MVD's public education
program will continually remind customers of the importance of adhering to program guidelines and will
report their progress and associated positive environmental impacts back to them.
This program incorporates a strong community relations element Responsibility for community interface will
be spread amongst the Company'middle and top management,assuring that pledges of human and
financial resources to the community's benefit are made and kept.
The Company also proposes an interactive educational component for schools that is age-appropriate,
engaging,and designed to reinforce good recycling behavior.
Excellent coordination between MVD and the City will contribute greatly toward program success.To
facilitate communication,MVD will respectfully and actively participate in coordination meetings with the City
during the ramp up period and throughout the term of the Agreement.
P r()nn",,!to the of Fresno
MFD and Commercial Solid Waste,Recyclable MateriaMVD,and Organics MateriaMVD Services
Se ction 2 .47
MVD will track all public education and community relations efforts meticulously and quantify results in
accordance with the draft Franchise Agreement.The Company has considerable experience doing this in
several other jurisdictions where itis required as part of periodic reporting.
Staffing
The biography of Ivette Rodriguez Public Relations Manager,is included in Section 1.Ivette is responsible
forgeneral oversight ofthe entire program and the following specific public education activities:
ill Municipal and media relations
t:'l Development and distribution of effective promotional and educational collateral materials,including all
electronic components
l:J Development and delivery of presentations to business and civic groups
~Coordinatlon of coverage of community activities
!:1 Development and delivery of interactive school assemblies,classroom visits.and school group
activities
l:l Collaboration with all MVD Public Education Specialists for development and distribution of effective
collateral materials,inclUding electronic components
S Update of website and all e-activities .
MVD's objective of gaining the maximum commerciaVMFD recycling/organics collection program
participation and diversion under any proposal.
Government,Community,and Media Relations
As noted in the draft Franch ise Agreement,the Public Education Manager is responsible for government
relations.As liaison ,she will represent the Company to the City.In that capacity she will attend the
following meetings and engage in the following activities :
!:1 Attend City Counc'l,City staff,and City strategy development meetings .
l.!1 Coordinate with the City to integrate municipal and contractor activities,as appropriate .
t:i Make requisite presentations and proposals.
r:5 Function as a point of contact for contract compliance matters.
Proposal t o tile City of Fresno
MfD and Commercial Solid Waste,Recyclable MateriaMVD,and Organics MateriaMVD Services
Secti on 2 .48
....a V A L L e ..D '.~O"L
In the area of community relations,the Public Education Manager will be responsible for:
~Represent MVD in community activities .
l:j Support local community service organizations as enumerated in Exhibit Cof the Agreement.
ID Ensuring other mid-and top-tier managers are involved in community relations activities.
In her role as media relations interface,the Public Education Manager will:
trl Proactively develop rapport with the all local media outlets:TV,radio,and print.
r:l Track media coverage of the Company,industry,and environmental issues and developments in
general.
Although the Public Education Manager is responsible for the above tasks,she will engage other MVD
employees to participate in certain activities as may be warranted or appropriate .For example,in monitoring
contract compliance she may bring in the operations manager for discussions on matters relating to driver
management for quick resolution .
Proposal t o the City of Fresno
MFD and Commercial Solid Waste,Recyclable MateriaMVD,and Organics MateriaMVD Services
Sect ion 2•49
Public Education Plan
This draft Public Education Plan first addresses items that apply to all programs.Following that isa chart
based on the public education parameters given in the draft Franchise Agreement.Once the Agreement is
finalized,MVD's first order of business with the City isto begin meeting regularly to coordinate all start-up
activities,including these.
f:j Develop.produce and distribute,in close collaboration with the City.all public education materials listed
in the proceeding plan.Each piece will be carefully considered in order to determine how the
information is best conveyed to non-English speaking individuals.Also factor in the cultural context
and/or business environment as necessary and appropriate.
Customize materials to specific business types
~Design and place print ads and posters and distribute press releases that correspond to program
milestones as determined to be a wise program complement.
l:l Hold workshops to correspond to program milestones or as otherwise needed in order to be accessible
to customers.
S Create and maintain a user-friendly website that is both an effective customer service tool and that also
organizes the community and helps move it toward its sustainability objectives .
The draft plan on the following page is provided as a starting point for discussions with the City relative to
the Public Education component of the scope of work .Sample outreach materials,including reports,are
included in Exhibit 2.4.
Proposal to the City of Fresno
MFD and Commercial Solid Waste ,Recyclable MateriaMVD,and Organics MateriaMVD Services
Section 2· 50
Public Education and Outreach I Commercial Education and Outreach Programs
All .d .Co'pnnte matenals also tobe poste d to the mpany's website.
Task Description Purpose Distribution/FreQuency
START-UP
1 Available Services Flyer Explains recycling services by business type ,such as retail,business All commercial businesses during initial
office,food service ,manufacturing,and so forth.site visits.
Special flyer focused on food waste/compostables oenerctors.
2 Training Meetings Conduct training meetings by business type as referenced above.Advertise and ho ld 30 days prior to
Answer questions.contract start date.
Schedule Recycling Opportunity Assessments.
3 Business Association Meetings Attend/present at four business association meetings.Groups mentioned at left,
MVD will introduce itself/services in writing to all business associations 30 days prior to start up
as well as community,civic,and charitable organizations in Fresno Schedule at group's convenience.
and vo lunteer to speak on relevant topics/answer questions.
ONGOING
4 Quarterly newsletter Quarterly newsletters with relevant content.All businesses .
Formatted in way conducive to posting in lunch rooms and other Quarterty.
employee areas .Direct moil.
5 Annual Info rmation Updated program information in fo rmat to be determined by City All businesses.
(newsletter or brochure for example).Annually.
Direct mail.
6 Waste Aud its/Recycling Opportunity MVD will make contact w ith every businessto set appointments.All businesses.
Assessments Distribution of how-to information,enclosure posters,and interior Initial contact prior to contract start-up:
container posters and labels to occur during train ing process.ongoing as needed or per schedule to
Distribution of interior collection containers to occur during process .be developed jointly w ith City .
Assertive training ,follow-up,and monitoring are featured .
Major emphasis on SUbstantially increasing diversion .
7 Employee Training On-site training based on customer need.All businesses subscribing to
recycling/organics collection services
by request.
8 Business Associations MVD wHi seek to build rapport with and educate the Fresno business All businessgroups.
community.Public Education Manager will make herself available,
through the mailing described in item 3 above,to give presentations.
8 Invoice Blurbs Brief statements concemino relevant oroqrom features.All businesses,quarterly.
Proposa l t o th e City of Fresno
MFD and Commercial Solid Waste ,Recyclable MateriaMVD ,and Organics MateriaMVD Services
Section 2 .51
Additional Information -Approach to MFD/Commercial Recycling:
Commercial Recycling Technical Assistance
Summary of Technical Assistance Approach
MVD will provide education,outreach,training,follow-up,troubleshooting,monitoring ,data collection,and
program evaluation services for commercial,institutional,and multi-family customers.Providing such
services on the premises of customers is referred to as recycling technical assistance.
Goals
MVD public education staff will focus on increasing the diversion of various reusable,recyclable,and
compostable materials from these sectors ,in accordance with the City's and county 's waste diversion and
resource conservation goals.MVD's aim is to maximize tons diverted and level of participation while
minimizing materials contamination .
Summary of Approach
MVD will provide practical advice ,encouragement,and positive reinforcement to customers in support of
these goals.MVD will develop collaborative working relat ionships with the City of Fresno and customers.
Understanding ofthe Nature of Recycling Technical Assistance
MVD understands this work requires:
Rapid response and assessment of customer needs,including during non-standard business hours.
m Collaborative interaction with various stakeholders.including the City,County health inspectors,
customers of all types and their staff-ranging from top managers to custodians.
~Sensitivity to the varied cultures,languages ,and organizational structures found with in businesses,
institutions,and mUlti-family dwellings .
t:l Close working relationships with the City of Fresno and customers .
t:3 Strong knowledge of recyclable material specifications,and of reusable ,recyclable ,or compostable
substitutes for commonly-disposed products.
f:j Attention to the special issues associated with food scraps recovery.
~Strong problem-solving ,analytical ,and communication skills .
t:l High ethical and professional service standards.
Propo sal to th e City of Fresno
MFD and Commercial Solid Waste,Recyclable MateriaMVD,and Organics MateriaMVD Services
Section 2.52
Summary of Tasks tobe Undertaken
MVD will provide the following services to its Fresno customers :
S Implementation strategy development.
ill Customer screening,targeting outreach.
r:s On-site Recycling Opportunity Assessments.
f:j Product substitution options.
til Review of outreach materials.
o Customer training .
S Customer monitoring,troubleshooting,and follow-up.
f:j Reinforcement for cross-program education and use .
tij Assistance with customer recognition programs .
Data collection and analysis .
l:!Program analysis and recommendations.
In subsequent years,MVD wilrreduce its intensity of effort as the program moves from an implementation
stage toa maintenance level.
Services to be Provided
MVD will provide the following services:
m Coordinate with the City,local trade associations and management companies as appropriate to
develop and implement strategies for targeted outreach and technical assistance to customers to
implement waste diversion programs,includinq participation in composting and recycling collection
programs and other waste prevention activities.
o Assist in identifying and screening customers for opportunities where a significant diversion potential is
possible.
Conduct or assist in on-site recycling opportunity assessments,off-site audits of compactor loads,
program assessments,staff and/or tenant training,on-site implementation assistance,and follow-up
monitoring of customer performance.
S Evaluate and present options for recovering or substituting difficult-to-recycle,compost,or reuse
materials,such as identifying opportunities to use compostable or recyclable food service ware or
packaging.
til Development of outreach materials about waste reduction,recycling,and composting :distribute such
materials when meeting with customers.
Proposal to th e City of Fresno
MFD and Commercial Solid Waste,Recyclable MateriaMVD,and Organics MateriaMVD Services
Section 2 .53
M ID V ......LC.OI.II>O....L.-,..-""~.
Assist in gaining management support and dedication of staff resources from customers for program
implementation .
Identify and promote other program or recognition opportunities such as potential Green Business
certification ,taxies reduction ,green bUilding,green purchasing,energy efficiency ,water conservation,
local and regional awards ,and other programs if applicable and requested.
Develop program tracking measures and prepare progress reports on impacts of program
implementation,such as waste diversion.participation levels,contaminat ion,cost savings,generator
satisfaction,and recommendations.
Pro posal t o t he City of f resno
MFD and Commercial Solid Waste,Recyclable MateriaMVD,and Organics MateriaMVD Services
Section 2.54
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
1.Maintain Collection Schedule.For failure to Collect from all $25/
Customers on a route on the scheduled day (unless non-Collection was Container
warranted pursuant to this Agreement)
2 .Start New Customer.For each failure over five (5)during Rate $150/event
Period to commence service to a new Customer within se ven (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, Rec yclable Materials,or Organic
Materials,which has been properly set out for Collection by a
Customer or Cit y on the scheduled Collection da y
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/event
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 leak s,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
immediatel y
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 twent y-four (24)$300 /e vent
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
II.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 emplovees of Contractor
15.Injuries to Others.For each incident of personal injury to a Person
$5 ,000/
requiring medical treatment or hospitalization,where the negligence incident
of the Contractor or its personnel was a contributing factor to the
injury
CUSTOMER SERVICE RESPONSIVENESS
16.Call Responsiveness.For each failure to answer the telephone $300/event
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 Day
2 0.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
22 .Resolve Complaint or Service Request.For each failure to resolve $300/ event
Page 2 of 4 Exhibit H
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 -up s which are addressed below
REPORTING AND NOTICING
23.Monthly Reports.Failure to submit monthly reports in the $100/ day report is
timeframe specified in this Agreement overdue
24.Quarterly Reports.Failure to submit quarterly reports in the $200/day report is
timeframe specified in this Agreement overdue
25.Annual Reports.Failure to submit annual reports m the $300/day report is
timeframe specified in this Agreement.overdue
26.Report Hazardous Waste.For each failure to notify the $500 /event
appropriate authorities of reportable quantities of Hazardous Waste
2 7 .Application for Contractor's Compensation.Failure to submit $300/da y 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 $150 /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 $300/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"$150/day
brochures for each of the four (4)business types
3l.Targeted Outreach.Failure to conduct on-site Customer $250/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.
OTHER
"')Disposal of Organic Materials.For each Ton of Organic $250 /Ton.rz ;
Materials Disposed of without written approval of the Cit y
33 .Comingling of City Waste with Other Jurisdictions.For each $500 /event
occurrence of Contractor rmxing Solid Waste ,Recyclable
Materials ,and Organic Materials Collected in the City with other
materials collected from other jurisdictions before the City 's
material has been accurately weighed and recorded.E ach
occurrence shall include all material collected by a single vehicle
in one delivery to a facility.
Page 3 of 4 Exhibit H
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 requested by City within twenty (20)Business
Days of such a request, or fully cooperate with the City and/or
next contractor as required by Section 4.7.
37.Failure to Perform Other Obligations.Failure to perform any $150/for each
ofthe 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 Level Year I
Assumed II
LBS./CY L..!l!...J Proposed Solid Waste Rales
(A)Operating Cost Component
(B)Processing Component
(C)Disposal Component
(D)Fee Component
(E)Total
Per
Cubic-Yard
Rate
$19 .24
$7.75
$4 .61
$31.60
(J)(K)(L)(M)(N (0
Service Level Year 1
Size
Wkly.Volume
~Volume Factor
Freq .
Factor
Estrn.
N umber o f
A ccounts
O perating
o mponenl
Process ing
Co mpo nent
D is posa l
Co mponent
Fcc
Co mponent Total
Total Annual
Reve nue
lA '1"G ' HI [B 'F 'G 'III Ie'1'1 ID ' F 'G 'lll [J +K +L +M ]
12 Gal I /wk
32 Gal 2/wk
3 2 Gal 3 /wk
32 Gal 4 /wk
32 Gal 5 /wk
3 2 Cial 6 /wk
0 .2
0.3
0 .5
0 .6
0.8
1.0
1,;33 1.00
1) 3 1.02
1.33 UJ4
1.33 IJJA
1.3 3 1.08
1.00 1.10
0 .00
0.00
0 .00
0.00
0.00
0 .00
~.
~
$17119
$0 .00
~
$000
Nllil
$0,60
$0 .00
$1.98
$'3 .03
R.il
32 c.,~l",,.....7..!).:'.~.........,......!,',!...,......"...1,:99.".,
h ~~G al 5 /wk
S5.183.97
0 .00
0 .00
0 .00
0 .00
17.00
1.33
1.00 1.04
1.00 LOA
1,00 1,10
1.00 I.OX
133 1.020.6
0 .3
1 .3
1 .6
1 .9
1.0
I /wk
l:4 Gal A /wk
64 Cial
<,4 Gal 2/wk
64 Gal 3 /wk
A4 Gal 7 /wk ..'.2.2 1;00 .1.12w'l"l",",".,"~~.61"1.r(.. "'
'16 Cal I /wk
96 (ial 2 /wk
1)6 Gal 3 /wk
96 Clal 4 /wk
%Cal 5 /wk
'J6 (ial (,/wk
0 .5
1 .0
14
1.9
2 ,4
2 .9
1.33 ],00
1.00 1.02
1.00 1.04
1.00 1.0(,
1.00 LOX
1.00 1,10
1940.00
19.0 0
0 .00
0 .00
0 .00
0.00
$0 .00
$0 .00
:iQ..illl
$0,00
lllll
lliAl
$22 .09
3.3 9.:2,L J ·..LL Q,.Q9 ,~7Q,25 ,x 20 "N.WQ.1~.~Io7.Z ll.§.:84_$.J .lf..§'L Q:Q9.;-.
City of Fresno, Paqe 1 of 3
Form lA -Commercial &Multi-Family Solid Waste Bin Service
Initial Monthly Rates
$9.409.16
$39641.90
$13,887.06
$50,259.32
$43,851.69
$62.491.75
~9§,1 .27...59 .,,,..
$54,01504
$198,689.84
$274.65446
$571,491.54
$908.706.47
$254315.62
$202.896.40
$270347.24
$114-128.39
Total Annual
Revenue
$239.004.40
$1 036.828.90
Total
Fee
Component
$23.24
$3099
$38.73
$54.22 $34.35
'l \'~,'."'!~"~,...,,.•
Disposal
Component
Processing
Component
$289.liQ
7.00
4.00
5 .00
3 .00
13.00
13.00
9.00
12.00
2000
5900
3700
22 .00
38 .00
90 .00
169.00
16000
219 .00
409 .00
227 00
350.00
517 .00
542 .00
713 .00 $19.24
Estm.
Number of Operating
Accounts Component
0.93 1,06
0 .95 1.04
0 .93 1.08
0.93 1,06
(L90 1.J()
0.98 1.00
0 .95 1.02
0.98 1.00
0 .93 1,10
0 .93 1.0 4
0 .90 1,08
0.93 1.10
0 .95 J.()2
0.05 1.06
o.ss 1,02
1.00 1.02
0.95 I 08
0 ,95 1.04
0.98 1.04
0 .98 1.06
0.98 1.08
0.95 1.10
4
8
4
9
5
8
6
4
3
2
6
3
16
18
12
12
15
10
24
20
12
2/wk
ICY.4 /wk
ICY,5/wk
J CY.2 /wk
I CY ,I /wk 1.00 1 00
ICY,3 /wk
2 C Y.5 /wk
2 C Y,4 /wk
4 Cy 3/wk
4 CY. 4 /wk
3 CY,3/wk
3 CY.2 /wk
3 CY.1 /wk
1 CY.6/vvk
.3 CY, 6 /wk
2 CY.6/wk
.3 CY,4/wk
.3 CY ,5/wk
zcv:..3 /wk
Wkly .Volume lreq .
Size ~Volume Factor Factor------I- - - - -.-.:e..:...-....c...:...--'-"-'----'--'--"-'------
.........?..9 ::l..?.;!~y.~t H.."9.:~1 J·..'.,?_.Q:.Q.9..$?~().5.?JQ.O'Q ,~.1.9~;~?J ?7..l?~.5.~;.??.., ,$,0.:9.9 ..
$000
.......,L<:;X"..,J.!».'.~v L ""9.:~.5.,,,...I ....l~-.1.:29..__,,$1 ~3 2 ~,..,,..J QQO '..r"
2 C Y,I /wk 2 1.00 1,00 427.00 $3848
City of Fresno, Paqe 2 of 3
Form lA -Commercial &Multi-Family Solid Waste Bin Service
Initial Monthly Rates
Estill.
\kly.Volume Freq .Number o f Processing Disposal Fee To tal Annual
ize ~Volume Factor Factor Acco unts ornpo ncru Com ponent Component TOIaI Revenue.....-..-............
5 CY.l /wk 5 0.98 1.00 2.00 59·1.27 lQ.,QQ n1W.ill...6Q ~S3.734.44
5 y .2 /wk 10 0.95 1.02 4.00 $186.43 £lQQ illJQ H!.&t $308.58 $14.811.84
5 Y.3/wk 15 0.93 I.().I 10.00 mill $0.00 1!J.Q.l2 $6691 $462 23 $55467.13
•CY.4 /wk 20 0.90 1.06 0.00 lliLilli $0.00 $154.93 $K7.9<J $6 10.00 $29.280.23
5 CY.5 /wk 25 0.90 1.08 4 .00 HQlli moo 1!2.1Q2 SlI l .07 ttlJ.;H SO.OO
,CY.6/wk 30 0.90 1.10 0.00 '71.4 $QJ!Q lliill .illQ..21 lliQ.11 lQ..Q.Q
5 C Y.7 /wk 35 0.90 1.12 0.00 ......$.6,7.~;.7.§...,........"..,..~9.,.Qq......,.......,....~.2.?l.,,).t.............,..l lg.J',..............ll,.·,',,1 ,2,i,~?.......,...............u ...,....",....•..•••.•••..•,••...,•••,••••,..........-.••.••..•.~............-,.....1i_.-'••I·..··..·,..·'I····..,.··!··,····..............................
6 CY.I /wk 6 0,95 1.00 19.00 lli2M $0.00 $46,48 $26 .29 $182.43 $41,593.81
6 CY.2 1wk 12 0.93 1.02 38.00 2 190 ~$92.96 $52.50 ~$166 19252
6 (Y.3 /wk 18 0.93 1.04 18.00 5334.95 so 00 $139.43 $80.29 $554.67 $119.809.00
6 Y.4 /wk 24 0.90 1.06 5.00 ~m.oo Sill.2l ~ll.lUU $43,920.34
6 y .'I \\k 30 0 .90 108 6.00 ~m.QQ R3.U.2 ~~$66.807.84
6 CY.6 /wk 36 0.90 1.10 2.00 $68 ,69 .0.00 $27 8 87 SI64.37 $1128.92 $27.094.07
6 Y.7 /wk 42 0.90 1.12 2.00 lli.±Jl $0.00 13 351 0 s 2 0·12 .'0
Total Annual Rate Revenue -Multi-Family Solid Waste Bin Service $8.716,985.87
Note :Compactor Rates shall be two times the Bin Rates
City of Fresno .Pace 3 of 3
Form IB -Commercial &Multi-Family Recycling Bin Service
Initial Monthlv Rates
,\'s umetl
L B.J Y L-.n I
Year I
I'roposctl 'olitl "'lIsle Ha le
(,\)perating Cos t omponeru
(B)Proces sing C o mponent
( )Di posal Component
(D)Fee omponent
(E)To tal
Per
Cubic-Yard
Rate
5 13.49
SO .OO
52 .31
$15.80
(F )
Service Lev el
(G )(11\(I)(.1)(I.I
Year 1
(M)(N)(0)
'ize
Volume
Factor
Freq.
Factor
Esim.
Number of
Accounts
O peraung
Component
Processing
Co m po nent
Dis posal
Component
Fee
Component TOlal
T otal Annual
Revenue
32 ("
\2 "
.2
0.3
0.5
0.6
0.8
1.0
1.33 1.00
1.33 1.02
1 33 1.04
1.33 J.(J()
1.33 I .OX
I 1.10
0 .00
0 .00
0 .00
0 .00
0 .00
0 .00
1,\'r'G'111 I B'F 'G 'II I
14.11
rc -1'1 I ll '1"G 'III 11 'K •L •M I I I +N +t~I
.....~.:.!I !:.,I,;?:.0 .00 .........~,\~.7.~~9.iQP.~~~1 .?·~f,."~.
~I 0 .3
0.6
1.0
1.3
:.6
1.33 1.00
1.33 1.02
I 1.04
1 1.06
1 1.08
I 1.10
136 .00
1.00
0 .00
0 .00
0 .00
(l.OO 21121
SO .OO
1Qi!.Q
$000
50 ,00
Sillill
2.2
S I0.864,80
......~:!...(j ....f.:.?.J..I....I.~.0.00 .........3..3:2 ~,p.9..J;9.:9.9.~~;.?J.U?:?i ..
'6 (,
%(,.
<}(,l
9<l Ci a ..I<
D.S
1.0
1.4
1.9
2.4
U 3 1 00
1 1.02
1 1.04
I 1.06
I l OS
T6.00
8 .00
0 00
0 .00
0 .00
$90593.22
$1.-170.42
2 .9
3 .3
I 1.10
0.%I 12
0 .00
0 00 £:1921
so ,oo
SO .OO $0 .00 $1l,42 0.00
Citv of Fresno .Paqe 1 of 3
Form IB -Commercial &Multi-Family Recycling Bin Service
Initial Monthly Rates
Total Annual
RevenueTotal
Fee
Component
Disposal
Component
Processing
Component
Operating
Component
Estm .
Number of
Accounts
Wkly ,Volume Freq.
~Volume Factor _c_ac_to_r-j .- -'--- -
Size
I CY,l rwk 1.00 567.00 $107494.31
ICY.2/wk 2 1.02 85 .00 $32.873.92
ICY,3 /wk 3 0.98 1.04 12.00 $(i 9560&
ICY,4/wk 4 0 .98 ](J6 0 .00
1 CY,5/wh:
1 CY.6 /wk
5
6
09&1.0&
0.95 1.10
1.00
1.00
$204.751.06
.......~.l 00:~9 "~O':.99 ..$.9,9.0'~1.7 ·~7 ,,~}.l.7.·.6.7,~9.199 m .
0 .00
540 .001.002
7 0.95 1.12...............,., ,,",.
I /wk
2 CY ,2 /wk 4 o.n 1.02 159.00 $120.527.40
8
0 ;95 J.()4
0 ,95 1.0(i
14.00
400
$15.733.98
$6,109.17
$5712.55
$6,982.01
$3.89027
$272 743.58
$80.262.42
$165:336.48
$85,974.97
$8.970.83
......-ll~1QJ.W .
$0.00
$0.00
$0.00
........H~.~..7.9.,"..".5..Q "og ":W"JJ!L "..".......3
2 .00
2 .00
0 .00
0 .0 0
0 .00
4 .00
2 .00
51 .00
144.00
150.00
367 .001.00
1.12
4 '........"..~.,;,
0.93 1.10
0 .95 1.04
0.93 1.08
0.93 L06
0 .95 1.02
0.98 1.00
0.93 l.10
6
9
18
15
3 CY.
3 CY .
2 CY ,5 /wk
3 CY
4 CY.I/wk
3 CY,
2 CY 6/wk
4 CY.2/wk
4 CY.3/wk
4 CY ,4/wk
8
20
24
28
0.95 1.02
0.93 1.04
0.93 1.06
0.9 1.08
0.9 1.10
0.9 l.12
292 .00
75 .00
7 .00
2 1.00
13.00
0 .00
$000
$000
$0.00
$429 140.03
$165.029.36
$20.93 J93
$77.395.90
$58,558.80
Citv of Fresno .Paae 2 of 3
Form IB -Commercial &Multi-Family Recycling Bin Service
Initial Monthly Rates
Esim.
Wkly Volume Freq .Number of O perating Processing Disposal Fee TO I ~I Annual
Size ~Volume Factor Factor Accoun ts Component Co mponent o mponcnt Co mponent 1 0l ~1 Revenue
5 CY.
1 /wl>5 0 .98 1.00 0.00 SO.OO S!1.QQ.ll!J.Q ill.:!.l.&.QQ
5CY.2/wk 10 0.95 0 .00 $0 .00 SQ.QQ S22.\l4 $.il.1.Q2 ~
5 Y.3/wk 15 0.93 0 .00 SO·OO :S.Q..Q.Q.tlli!.i $22921 m&Q
5CY.4 iwk 20 0.9 0 .00 $257--1 4 ~M&Q ~.uQ.lM SO.60
5 .y .5'1w k 25 0 .9 0 .00 $127.R7 SO .OO rs O.OO $56 .03 $383.91 SO.OO
5 CY,6 /w k 30 o.s 0 .00 ~$0 .00 SQJill.~$469 .22 SQ .OO
0.00
6 Y.I/wk 6 0 .95 30 .00 ~~
6 CY,0 .93 18.00 $26 .25 ill2&:!
6(,,'1",0 .93 17.00 $40 .15 $275 .05
0 .9 '2 .00 $308 .93 SO .OO SO .OO $52 .80 $361.73
30 O.!)7.00 $393,4 5 $MQ ~$67 .24 ~$38.697.95
36 0 .9 6.00 ~~~$82.18 $563.0 7 $-10540.7\
6 0 .9 1.12 0.00 $97 .62 $66 8 .85 0
Total Annual Rate Revenue -Multi-Family Solid Waste Bin Service $2,195,952.82
Note:Compactor Rates shall be two times the Bin Rates
City of Fresno. Paqe 3 of 3
Form IC -Commercial &Multi-Family Organics Bin Service
Initial Monthly Rates
Service Level Yea r J
Per
Assumed W Proposed Solid Wa ste Rates C ubic-Yard
LBS.lCY Rate
(A)O perating Cost Component $15.39
(U)Processing Component $5.41
(C)Disposal Component
(D)Fee Component $356
IE)Total $24.36
(10')IG)(II)(I)IJl IKl ILl 1M)(N )(0)
Service Level Year I
Estrn.
Wkly,Volume Freq,Number of Operating Processing Disposal Fee TOlal Annual
Size ~Volume Factor Factor Accounts Co m po nent Co mponent Component Co mponent Total Revenu e
~~-
lA 'F'G·11]IB 'F 'G 'III IC·fl (0 ·F·G ·H]I J +K +L t M]11+N ~121
32 Gal I /wk 0 2 U3 1.00 0.00 .ill!.llH $0.00 SO .75 $5,13 SO.OO
32 Gal 2 1\\k 0.3 1.33 1.02 0.00 .,RJ1 SQ.OO W1 $10.47 .0.00
32 Gal 3 1\\k 0 .5 1.33 1,04 0.00 S10.12 $3.56 £lJ)Q $2.34 516.01 £1illl
32 Gal -I I \\k 0 .6 1.33 1.0(,0.00 suzs 54,84 so.00 all 521.76 SO .OO
32 Gal 5 I\\'k 0 .8 1.33 LOg 0.00 liU.l S!ill SO .OO $4.0.-ill.II.~
32 Ga l 6 /\\k 1.0 I 1.10 0.00 $16.09 $5.66 SO .OO u n 525 ·17 RQQ
32 Ga l 7 1\\k 1.1 I 1.12 0.00 ........~,\~J,L ...............~~;,TI ..................~...................4.42 ..................~......................Jn;flq ...........................:..................................,..........,...........·....·..···..··....···..·..···..·,..····l·'·
64 Gal I /wk 0 .3 1.33 1.00 0.00 .sfu:!.2 $:1.28 $0.00 ~510.26 iQ&.Q
(\4 Gal 2 jwk 0 .6 1.33 J 02 0.00 i.11J.l ~Sllil.Q illQ S20.91 SMQ..
(,·1 Gal 3 /wk 1.0 I J.()4 0.00 ,lllll Sill -,$,QJ)Q ua $.24,08 SO .OO
64 Gal 4 /wk 1.3 I 1,06 0.00 ~.6!!lll1 $000 $4.78 532.72 SO ,OO
6 ,·~(1)1 1 5 /wk 1.6 I I ,(J8 0.00 llidJ.$9.26 iMQ $6 .08 $4 1.till .~
64 Gal 6 /wk 1.9 I 1.10 0.00 $32.18 $11.32 $D.OO $7..1 3 S50 .9~~
.......6.~...9.!~.J..........?..!~:.k.................?.;.?.......................I.........L .IL....0.00 .........,~3..~:~}".................~!}:.~~"..................~9.:9.9......................~,~,.~l ..................,~~,g :.~..t...........................~................
96 Ga l I /wk 0 .5 1..J3 1.00 240.00 Wl $3,42 £ti!Q $2.25 S15,40 $44.343.36
96 Gal 2 /wk 1.0 I 102 0.00 SI 92 ~~4 ~SQJill
96 Gal 3 /wk 1 .4 I 1.04 0.00 $22.82 llUU SO.OO $5.27 536.12 E..Q.Q
96 Ga l 4 /wk 1 .9 I 1.06 0 .00 Ul.J1!liQ..2J.$0.00 lllQ lliJl2 ~
96 Gal 5 l v;k 2 .4 I 1.08 0 .00 .39.50 $13.89 SO .OO $9.12 S62.51 SO .OO
fJ6 Gal 6 /wk 2 .9 I 1.10 0.00 $48.28 SI 6 98 SO .OO su,u $76.41 1Q.QQ
96 Gal 7 /wk 3 .3 0.98 1.1 2 0.00 ........$5.?:~.Q ...................~.t .9.J0 ....................~9.:(J9...................1 1,?9..s....................$.~.s.:?.5..................".......(J.:(J.9................J........-...............:................._.................._--........-.......................--......
Citv of Fresno.Paqe 1 of 3
Form IC -Commercial &Multi-Family Organics Bin S ervice
Initial Monthlv Rates
S Ize
W kly .
~Volume
Vo l ume
Factor
Frcq .
Facto r
Estm .
Number of
Acco unts
Operating
Co mpo nent
Processing
Compo ne nt
Disposal
Co mponent
Fee
Com ponent Total
Total Ann ual
Revenue
I C Y,I /wk
I C Y.2 /wk
I CY ,3 /wk
I CY ,4 /w k
I CY,5 /w k
ICY.6/wk
2
3
6
1.00
1.02
0.<.18 1.1)4
0 .<.18 1.06
O.9l!I.O S
095 1.10
0 .00
0.00
0 .00
0 .00
0 .00
0 .00
$0 .00
$0 .00
$0.00
$74.48
$10 1.22
$128.9\
$152.73
$0 .00
$0 .00
$0 .00
mill!
$0 .00
mill!
2 CY,I I w k 2 1.00
0 .00
0 .00
,1.1.\,1,9.L ,,"~~g,3 .!,"'4'..~9.9,o.__F()·,1 ~~~~L..41 ,u ~,..
$30,78 liQ.&J.$0 ,00 sz,u $48.72 s.llJlQ
2 C Y,2 /wk
2 CY 4 /wk
2 CY,5 /wk
2 C Y.6 /w k
4
6
10
12
0 .95 1.04
0 .\15 I J1(,
0'.15 J.OX
0.93 Ll O
0 ,00
0 .00
0 .00
0 .00
0 .00
2 1.08
S97:40
$1444 0
$196.24
$249.93
so.oo
mill!
$0 .00
1QJ!Q
$0 .00
.........?,~:):.:J..!:.~:~!.~_9.:?.~L·..I..?..0 .00 .........P .4..4,:t ~.7.~~3._?Q.;Q.O'._J5,.1 .~?,~.3..5.S...?~,,SQ,Qg ,,
3 (' Y,3 /wk
J (·Y .4 /wk
J C Y,6/wk
4 C Y.l vwk
4 C Y 3 /wk
4 CY .4 /wk
.1 CY .5 /wk
.j C Y .(,/wk
6
lJ
12
15
18
4
8
12
16
20
24
0 .\18 1.00
0 .95 1.02
O.lJ5 1.04
O.lJ3 1,06
0 .lJ3 1.08
0.93 1,10
o.os 1.00
0.95 1.02
0 .9 3 1.04
0.9 3 1.06
0.9 1.08
O.lJ I.I0
0 .00
0 .00
0 .00
0 .00
0 .00
0 .00
0 .00
0 .00
0 .00
0 .00
000
0 .0 0
0 .00
SO .OO
$0 .00
SO.OO
1Q..QQ
.....t ~~.S.·.?,L ,""",.H11.5.7..... " ..~Q.;Q.O'J.7.5,)2.£S.,!.t?~W,Q9 "..
SO .OO
$0 00
SO .OO
$000
$0 .00
£LQQ
0 .00 "......~J 4 ,4 1 ........,,,,,I !.5.P .6..,........$000..o.
City of Fresno .Pane 2 of 3
Form IC -Commercial &Multi-Family Organics Bin Service
Initial M onthlv Rates
Estm,
wu,Volume Freq.N umbe r o f Operating Processing Dis posal Fee To tal Annual
.IZ ~Volume Factor Factor Acco unts Compo nent Compo nent C om ponent Co m ponent TOlal Revenue--
5 C Y I /",1..5 0.98 1.00 0.00 S75.42 $26 .52 SO .OO $17.42 $119 .36 ~
:'C '\'.2 /wk 10 0.95 1.02 0 .00 $149 .14 $52.45 $0 .00 $34.45 $23604 ~
5 C\',3 /w k 15 O.Y3 1.04 000 $22 3.30 578 .52 $0 .00 55 1.58 535 3.40 SQ,.QQ
5 C Y .4 /wk 20 0 .9 1.06 000 $293 67 $103.27 SO .OO $67 84 $464.78 SO .OO
5 .v,:'.'\\I 25 0.9 1.08 0.00 $374.0 1 lli..l.2l $0.00 586.40 $591.93 .~
5 y wk 30 D.Y 1.10 0.00 $457.12 $160 75 $0 .00 $105.59 $723.47 ~
,,~,~j (\!..7 'wk."..."......}.~...\.....,,,.,...(!:.?...,,....J.:)?......0.00 .......~S.4,3 ;q.1 ..,............,1i.1 .9.9.:9.?,..................~9.,P.o.............."".11 .?:?;~3 ............J.~;5,?AP,..................."...~p.,9,9 "..........".
fo U I I , k 6 0.95 1.00 0.00 $1\7.73 S30.85 $0.00 $20 .27 $138.85 ~
6C ,~,')0.9 3 1.02 0 .00 $175 .20 $6 1.61 $0 .00 $40.47 $277.29 SO.OO'.......
I X 0 .93 1.04 0 .00 $267 .96 $94 .23 $0.00 $61.9 0 $42·1.09 SO.O O
.....~?4 0.9 1.06 0 .00 $352.4 0 $123 .92 $0 .00 58 1.40 $55 7 73 SO.OO
"30 0.9 1.08 0 .00 $44 8 .8 1 5 157.83 ~$103.6 8 $7 10.32 SO .OO
(,~6 0.9 1 10 0 .00 $54 8.55 $192.90 $0.00 $126.71 S8611 .16 a.oo
tl ·12 o,»1.12 0 .00 $651.6 1 $1.O.ll.27 000
r o tal .\UlI lla i R;:~~R~Y"au e -Mulli-Famil)'Solid Wa ste Bin Service S44,343.3 6
No te :C o m pac tor Rates shall be two time s th e Bin Rates
Citv of Fresn o.Pace 3 of 3
Form ID -Commercial &Multi-Family Special Charges
Initial Monthly Rates
Propo Mid Valley Disposal
Special Charges*
Extra Pick-Ups (Carts)
Solid Waste
Recyclable Materials
Green Waste
Extra Pick-Ups (Bins/Roll-Off Boxes/Compactors)
Solid Waste
Recyclable Materials
Green Waste
$0 .20
$0 .12
$0 .16
$26.00
$20 .00
$24.00
/gallon/pick-up
/gallon/pick-up
/gallon/pick-up
/cubic yard/pick-up
/cubic yard/pick-up
/cubic yard/pick-up
/10 k/month
enclosure/month
2 5 feet/month
/cleaning
/to n
105 .00 l/replacement
$25.00
$10.00 /
$ 20 .00 /
$65 .00
$55.00
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 year at I $
no additional cost)
*All costs related to providing these special charges shall be included on Rate and Cost Proposal
Forms 8,8A through 8D ,where applicable.
City of Fresno, Page 1 of 1
1MARY (Total Costs from Forms 8A through 8D)
or-Related Costs (include regular &pool personnel)
~egular Wages
)vertime Wages
-Ioliday Wages
Tacation Wages
lick Leave Wages
Vorkers Compensation Insurance Premiums
'Vorkers Compensation Claims
-Iealth &Welfare
'ensionj Retirement Benefits
'ayroll Taxes
)ther (Please List)
II Labor Related-Costs
icle-Related Costs (do not include depreciation)
"ires &Tubes
'arts &Supplies (fluid,oil, etc.)
'axes &Licenses
)ther (Please List)
11Vehicle-Related Costs
Costs
er Costs
.iability &Property Damage Insurance
~quipmentInsurance
"raining &Safety Programs
Jniforms
)ther (Please List)
11 Other Costs
ct Depreciation
:ontainer Depreciation
~oute Vehicle Depreciation
)ther Depreciation
II Direct Depreciation
cated Costs -Labor,Vehicle, Fuel &Other Costs
'rom General and Administrative (6D)
;rom Vehicle Maintenance (6D)
'rom Container Maintenance (6D)
11 Allocated Costs -Labor,Vehicle,Fuel &Other Costs
Year 1
$1,098 ,351
$205 ,941
$27,009
$45,014
$0
$120,935
$4,435
$147,241
$57,084
$120,208
$0
$1,826,218
$95,680
$624,000
$65,000
$4,552
$789 ,232
$855,059
$0
$104,000
$20,000
$3,510
($200,000)
($72,490)
$112,652
$148 ,241
$0
$260,893
$1,767,304
$357,400
$361,517
$2,486,221
'rom lJeneral ana Adrrurustratrve ~tJU)
'rom Vehicle Maintenance (6D)
'rom Container Maintenance (6D)
II Allocated Costs -Depreciation and Start-Up Costs
II Annual Cost of Operations
it (%Operating Ratio; i.e. 95%):
iosal Cost
Processing Costs
Recyclables Processing Costs
Organics Processing Costs
II Net Processing Costs
rest Expense
ct Lease Costs
{oute Vehicles
)ther (Please List)
II Direct Lease Costs
cated Lease Costs
'rom General and Administrative (6D)
'rom Vehicle Maintenance (6D)
'rom Container Maintenance (6D)
II Allocated Lease Costs
II Pass-Through Costs
II Cost Before City Fees
:ity Fees
City fees 14.6%(Franchise,Contract Mgt)
AB939
Contract Monitoring and Enforcement Fee
Shedding Fee
Landfill Maintenance Fee
Landfill Closure Fee
Landfill Debt Service Fee
.otal City Fees
II Proposed Annual Cost
92 .0 %1
I $29.57 11ton
c==J/ton
~/ton
0.1709
:lltJu,/l"l
$0
$0
$60,714
$6,205,846
$593,829
$2,257,686
$0
$16,500
$16,500
$257,347
$0
$0
$0
$0
$0
$0
$0
$2,531,533
$9,331,208
$1,594,703
$0
$0
$0
$0
$0
$0
$1,594,703
$10,925,911
EXHIBITK
SAMPLE REPORTING FORMS
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Exhibit K - Sample Reporting Forms (MVD).xlsx
9 .5 Quarterly Reports
A. Solid Waste Services
9 .5.A.1.Summary of 9.4.A.
Jan / April /
July / Oct
Feb / May /
Aug / Nov
Quarter
Mar / June /
Sep / Dec Total
Frontload
To ns 214 .98
Sideload
To ns 110 .65
9.5.A .2.Solid Waste by Serivce Type
1xwk 2xwk 3xwk 4xwk 5xwk 6xwk Total Yards
96 Cart
1 Yd
1.5 Yd
2 Yd
3 Yd
4 Yd
6Yd
IRemovals
Compa ctors
IDeliveries I sevicesIRemovals
Roll OffsIDeliveries I_S_e_vi_c_es -t-_
Total
Mar I June /
Sep I Dec
Feb I May I
Aug I Nov
110 .65
2 14.98 1
Tons
B.Recyclable Materials Service
9.5 .B.1.Summary of 9.4.8
Jan / April /
July / OctIFrontload
Side load
9.5.B .2.Recyclable by Serivce Type
1xwk 2xwk 3xwk 4xwk 5xwk 6xwk Total Yards
96 Cart
1 Yd
1.5 Yd
2Yd
3 Yd
4 Yd
6 Yd
IRemovals
CompactorsIDeliveries IsevicesIRemovals
Roll Offs
IDeliveries I_S_e_vi_ce_S__--If-_
9 .5A QTRLY Service 1 (
Exhibit K - Sample Reporting Forms (MVD).xlsx
1-_---.,;2;;.,.1_4.:...:.9...:.81 -+--+_
110 .65 _____....L..."-_
Tons
IF rontload
Si deload
C .Organics Materials Service
9.5.C .1.Summary of 9.4.C
Jan I April I
JUly I Oct
Feb I May I
Aug I Nov
Mar I June I
Sep I Dec Total
9.5.C.2.Organics by Serivce Type
1xwk 2xwk 3xwk 4xwk 5xwk 6xwk Total Yards
96 Cart
1 Yd
1.5 Yd
2Yd
3 Yd
4 Yd
6 Yd
1Removals
CompactorsIDeliveries I_S_e_vi_ce_s__--+_
Roll Otfs
1Deliveries 1Sevices
9 .5A QTRLY Service 2 (
Exhibit K - Sample Reporting Forms (MVD).xlsx
9.5 Quarterly Summary
9.5.0.1.Customer Service Summary of 9.4.0
9.5 .0.1.1 Customer Contact
Jan I April/Missed Pick Billing Damage Scheduled
July / Oct Ups Concems Claims Clean ups
Calls
E mails
Faxes
WebSite
Letters
Feb / May I Missed Pick Billing Damage Scheduled
Aug / Nov Ups Concerns Claims Clean ups
Calls
Emails
Faxes
WebSite
Letters
Mar / June / Missed Pick Billing Damage Scheduled
Sep / Dec Ups Concerns Claims Clean ups
Calls
Emails
Faxes
WebSite
Letters
ITOTAL
9.5.D.1.2.Customer Com plaints Not Resolved W ith/in 5 Days
Jan /April/
July / Oct
Feb / May /
Aug / Nov
Mar / June /
Sep / Dec
9 5 0 1 3 Number of New
Jan / April I Commercial Recyclable
July / Oct Materials
Feb I May I Commercial Recyclable
Aug I Nov Materials
Mar / June /Commercial Recyclable
Sep / Dec Materials
Jan /April/Multi-Family Recyclable
July / Oct Materials
Feb / May /MUlti-Family Recyclable
Aug / Nov Materials
Mar / June /Multi-Family Recyclable
Sep / Dec Materials
Jan I April/
July / Oct Organic Materials
Feb/May/
Aug / Nov Organic Materials
Mar I June /
Sep / Dec Organic Materials
9 .5d Qrtly Cstmr Service
Cart Bin
Roll-Off Box
1 of 2
Exhibit K - Sample Reporting Forms (MVD).xlsx
9 .5.0.2.Customer Service Overview Sheet
Trai ning Agenda &Tr aining Su pplements
9 .5.0.3.Number of calls received per month
Jan / April /
July / Oct
Feb / May /
Aug / Nov
Mar I June
/ Sep / Dec
Within 30 % of calls answered
seconds within 3 minutes Total Calls
9 .5d Qrtly Cstmr Service 2 of 2
Exhibit K-Sample Reporting Forms (MVD).xlsx
9 .5.E.Abandoned Waste Collection
Date Location Materials Collected Tonnage
I I I I
9.5 E Abandoned Waste 1 of 1
Exhibit K - Sample Reporting Forms (MVD).xlsx
9.5.F Education Activities
9.5.F.1.Public Education
Date Materials Distributed
9.5.F.2.Customer Education Meetings
Dates Times Group Names Of Meeti ngs
my Distributed
9.5.F.3Waste Audits
Name Address Service Levels Service ChangesII~-If--I I
19.5.GPilot &New Programs
9 .5 F Education 9.5 G Pilot 1 of 1
Exhibit K - Sample Reporting Forms (MVD).xlsx
9 .5.H Summary Assessment
19>5>H>1 Description of the status of program
19>5>H>2>Recommendationsand plans 10 improve
19>5>H>3 Highlights of significanl accomplisments &problems
9.5.1 Other Reports
9 .5.1.1 Special Events
Date Location
9.5 .1.2 Instructions to Customers
Date Location
9 .5 .1.3 Hazardous Waste incidents
Date Location
9 .5H SUM 9 .5 I
Collected
Instructions
Instructions
1 of 1
EXHIBITL
INTENTIONALLY DELETED
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EXHIBITM
FORM OF CONTRACTOR'S FAITHFUL PERFORMANCE BOND
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CITY OF FRESNO
FORM OF CONTRACTOR'S FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
T hat,California 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 bond s or undertakings required or
authorized by the laws of the State of California,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 No llOO 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,firm ly by these presents.
NOW,THEREFORE,THE CONDITION OF THIS OBLIGA nON IS SUCH THAT:
WHEREAS ,the above bounden PRINCIPAL has entered into a contract on ,2002 ,
e ntitled "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,Proce ss,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 ,TH EREFORE,if the above bounden PRINCIPAL shall well and truly perform,or cau se 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 a nd 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
t ime,alteration or addition to the terms of the contract or to the work to be performed thereunder or the
specifications accompany ing 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 __,20 II.
By :_
(PRINCIPAL)
(SEAL)
By:_
By:_
(ATTORNEY IN FACT)
(SEAL)
By :_
(SU RE TY)
(SEAL)
By :_
By:_
(ATTORNEY IN FACT)
(SEAL)
(Signatures of Principal and Surety must be acknowledged by a Notary Public)
Page 1 of 1 Exhibit M
EXHIBIT N
CITY -OWNED EQUIPMENT TO BE ACQUIRED BY CONTRACTOR
This page intentionally left blank
Serv i r ),re a 2 -Southern Service Area
~Average Per
Eq u i prv.ent Quantity Unit Value Total
Fro Lnd Loader Trucks 22 $62,587 $1,376,904
I----
Bin ·[JPII'.:'rv Truck - Fork 1 $8,571 S 8,571
Bin-I I Ilv u y Truck - Flatbed 1 $-$-
64 -Gd l:'-;n Carts -Solid Waste 1326 $20 $26,520
96-G n l ,,):~Carts - Solid Waste 1564 S 20 $31,280
i c«-«en d Bins - Solid Waste 1,388 $54.86 S 76,152-
2 c..or d Bins - Solid Waste 1,065 $66.11 S 70,404
3 Cui Ie \ar d Bins - Solid Waste 861 S 75.10 S 64,662_.
4 C JIll"Y-JI rl Bins -Solid Waste 857 $86.34 $73,997-
5 Cubic Ya rd Bins - Solid Waste 20 $99.39 $1,988
6 Cut I'Yard Bins - Solid Waste 93 $112.88 $10,498
1 (-.I t ,.,ci Bins·Recycling 685 $54 .86 $37,582-
2 r '.,r r:~Bins - Recycling 926 $66.11 S 61,215-3 Cuu«r a r d Bins - Recycling 354 $75.10 S 26,586
4 Cu b,~Yard Bins - Recycling 779 S 86 .34 S 67,262
5 C I~I Ya r d Bins - Recycling -$99.39 $--
6 C I (en d Bins -Recycling 87 S 112.88 s 9,820-To t al Lq u ipment Purchase Price - Service Area 2 $1,943,441
Ncr '.s eq uipment and pricing list reflects the assumptions of the Contractor in preparing their cost and
r<i ll-i )S d l.i n the event of a conflict between this exhibit and the equipment purchase agreement
b etw <.d 'ti le City and Contractor,the equipment purchase agreement shall control.
EXHIBIT 0
INTENTIONALLY DELETED
This page intentionally left blank
EXHIBITP
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 for 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.
Th e Rate Adjustment Factor is applied to the then-current Rates to determine the Rates for the
com ing 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.
Th e C ity 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
within s ix ty (60) cal endar days of receipt of the Cit y's invoice for such costs. The Contractor
shall n...co ver such costs through 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
asso ciat ed with said review, City shall retain full and unimpeded discretion in selection of its
agent s lu ensure,at a minimum,that no conflict of interest arises in the review of Contractor's
req uest 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 Rat e Period minus the aver age 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
(1000th).
For example,if the Contractor is preparing its Rate application for Rates to be effective
for Rate Period 3, the Annual Percentage Change shall be calculated as follows:
[(Average CPI for April 2011 through March 2012) -(Average CPI for April 2010
through March 2011)] /(Average CPI for April 2010 through March 2011).
Page 1 of7 Exhibit P
B."CPI-V"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
Itern- 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.
e. Fines for penalties of any nature .
f.Liquidated Damages assessed under this Agreement.
g.Federal or State income taxes .
h.Charitable or political donations.
I.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
liability against Contractor also 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 (I)plus the Annual Percentage Change in the labor index
described in Section 11.3.8., "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)multiplying the result of step
one by the same percentage change used in step one.
c.Forecasted fuel costs shall be calculated for the coming Rate Period by: (i)
multiplying the Allowed fuel costs for the most-recentl y completed Rate Period
b y 1 plus the Annual Percentage Change in the fuel index described in Section
lI .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 (1) 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 (l)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 91.5%.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 $1 ,000,000
(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:
I.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
Recyclable 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 $257 ,347 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 6 01'7 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 (1000th). 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 (1000th). This calculation shall be performed for the
Forecasted Recyclable Materials Processing Cost for determination of Recyclable 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 70f7 Exhibit P
Mr.Joseph Kalpakoff
Mid Valley Disposal
15300 W. Jensen Ave.
Kerman, CA 93630 ..
RE:Franchise Agreement for Multi-Family and Commercial Solid Waste,Recyclable
Materials,and Organic Materials Services in Service Area No.2 ("Franchise Agreement"),
and related Purchase Agreement for Trucks and Containers
Mr.Kalpakoff:
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 Mid Valley's purchase obligations under Sections 8.3.1 and
8.4 of the Franchise Agreement requires the City and Mid Valley 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 ,
;tfA,d~
Mark Scott
City Manager
III03-0007\1403996vI.doc
AGREED:
MID VALLEY DISPOSAL,
A California Corporation