EXCLUSIVE SOLID WASTE SERVICES
FRANCHISE AGREEMENT
BETWEEN THE
CITY OF HAWAIIAN GARDENS
AND
COMMERCIAL WASTE SERVICES, INC.
DATED July 1 , 2018
Attachment C
TABLE OF CONTENTS
ARTICLE 1: DEFINITIONS 11
1.1 AB939 11
1.2 AB 939 Program Payment 11
1.3 Agreed Upon Procedure 11
1.4 Agreement 11
1.5 Bin 11
1.6 Bulky Waste 12
1.7 Duty 12
1.8 Breach of Duty 12
1.9 Cart 12
1.10 Chief Administrative Officer 12
1.11 City 12
1.12 City Facility 12
1.13 Commercial and Industrial Units 13
1.14 Compensation Schedule 13
1.15 Company 13
1.16 Contract Year 13
1.17 Contract Term 13
1.18 Contractor 13
1.19 Contractor's Proposal 13
1.20 Construction and Demolition Debris (C&D) 14
1.21 County 14
1.22 Curbside Recycling Fee 14
1.23 CPI 14
1.24 Day 14
1.25 Disposal Fee 14
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1.26 Disposal Site 15
1.27 Diversion 15
1.28 Effective Date 15
1.29 Facility 15
1.30 Franchisee 15
1.31 Franchise Documents 15
1.32 Franchise Start Date 15
1.33 Franchise Term 15
1.34 Franchise Fee 16
1.35 Green Waste 16
1.36 Gross Receipts 16
1.37 Hazardous Waste 16
1.38 Holiday 17
1.39 Household Hazardous Waste or HHW 17
1.40 Household Waste 18
1.41 Infectious Waste 18
1.42 Materials Recovery Facility 18
1.43 Material Breach 18
1.44 Maximum Rate Schedule 18
1.45 Multi-Family 19
1.46 Oil Waste 19
1.47 Owner 19
1.48 Premises 19
1.49 Performance Bond 19
1.50 Proposition 218 19
1.51 Rate Increase 20
1.52 Recyclable Container 20
1.53 Recyclable Material 20
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1.54 Recycling/Recycle 20
1.55 Refuse 20
1.56 Residential Unit 20
1.57 Solid Waste 20
1.58 Single-Family 21
1.59 Source Reduction 21
1.60 Source Separated 21
1.61 Term 21
1.62 Tipping Fee 21
1.63 Transformation 21
1.64 Waste Diversion or Diversion 21
1.65 Waste Generator 22
1.66 Work Plan 22
ARTICLE 2: GRANTS AND ACCEPTANCE OF FRANCHISE 22
2.1 Documents 22
2.2 Enforcement of Exclusivity 22
2.3 Effective Date 23
2.4 Execution Date 23
2.5 Franchise Term 23
2.6 Option to Extend 23
2.7 Grant of Franchise 23
2.8 Duty 23
2.9 Breach of Duty 24
2.10 Annexations 24
2.11 Scope of Franchise; Mandatory Service and Exclusions 24
2.12 City's Right to Direct Charges 25
2.13 Representations and Warranties of Franchisee 26
June 27, 2018 - 3 - City of Hawaiian Gardens: Final Franchise Agreement ARTICLE 3: ADMINISTRATIVE, FRANCHISE & FEES
3.1 Franchise Fee
3.2 Annual Program Payments
3.3 Current Fees, Bond(s), Payments - Due upon Contract Execution
3.4 Future Fees
ARTICLE 4: SOLID WASTE COLLECTION SERVICE OPERATING REQUIREMENTS
4.1 General Standards
4.2 Collection Routes.
4.3 Compliance with Transition Plan and Services
4.4 Standards of Performance
4.5 Residential Collections
4.6 Valet Service
4.7 Low-Income Senior Citizen Discount
4.8 Organics and Food Waste Recycling (Optional)
4.9 Collection of Bulky Waste
4.10 Christmas Tree Pickup
4.11 Mulch Give-A-Way
4.12 Public Outreach Programs
4.13 Commercial and Industrial Collections
4.14 Temporary Bin and Roll-Off Services
4.15 Free Service to City Facilities
4.16 Development Review
4.17 Good Corporate Citizenship
4.18 Citizen Complaints
4.19 Collection Route Audits
4.20 Curbside Recycling Audits
4.21 "On-Call" Equipment and Personnel
27 27
27 27
28 28
28 29
29 29
30 31
31 31
32 33
33 33
35 36
36 37
37 37
38 38
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4.22 4.23
Emergency Services
Hours of Operation
\ _ ___,
ARTICLE 5: WASTE DIVERSION
5.1 Solid Waste Diversion
5.2 Construction and Demolition Waste Diversion
5.3 Waste-to-Energy Diversion
5.4 SHARPS Diversion
5.5 Maintenance of City AB 939 Programs
5.6 Franchisee Waste Diversion Responsibilities
5. 7 Implementation of Strategies and Penalties
5.8 Waste Diversion and Disposal Reporting Requirements
5.9 Failure to Meet Diversion Requirement
5.10 Recycling Program
ARTICLE 6: VEHICLES, EQUIPMENT AND PERSONNEL
6.1 Vehicles
6.2 Vehicle Maintenance and Appearance
6.3 Inspections
6.4 Personnel
ARTICLE 7: FRANCHISEE'S COMPENSATION
7.1 · Maximum Rate Schedule
7.2 Rate Composition
7.3 Adjustments to Maximum Rate Schedule
7.4 Proposition 218 Process for Adjustments to Maximum Rate Schedule
7.5 Billing
7.6 Delinquent Accounts
7.7 No Waiver of City Remedies to Address Public Nuisance 39 39
39 39
40 40
40 40
41 41
41 43
43 44
44 46
47 48
49 49
49 49
50 52
52 52
ARTICLE 8: ACCOUNTING AND RECORDS 53
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8.1 Financial Statements
8.2 Inspection and Retention of Franchisee's Accounts and Records
8.3 Cost of Agreed Upon Procedures
8.4 Audit Findings: Payments and Refunds
ARTICLE 9: ENFORCEMENT OF AGREEMENT
9.1 City Right to Terminate
9.2 Rights of Non-Defaulting Party after Default
9.3 Notice of Default and Opportunity to Cure
9.4 Penalty for Monetary Default
9.5 Non-Monetary Defaults; Longer Cure Period
9.6 Franchisee Hearing Opportunity Prior to Termination
9.7 City's Right to Perform Service
9.8 City's Right to Lease Franchisee's Equipment Following Termination
9.9 Cooperation Following Termination
9.10 Duration of City's Possession
9.11 Forfeiture of Performance Bond.
9.12.3 Nuisance Conditions
9.12 No Waiver of City's Police Powers or Legal Rights
ARTICLE 10: TRANSFERS OF INTEREST
10.1 Restrictions on Transfers
10.2 10.3
Definition of Transfer
Heirs and Successors
ARTICLE 11: INSURANCE, INDEMNITY AND PERFORMANCE BOND
11.1 11.2
11.3 11.4
Insurance
Indemnification
Performance Bond
AB 939 Guarantee and Indemnification
53 53
53 54
54 54
55 55
55 56
56 57
58 58
58 58
59 61
61 61
61 62
62 62
64 65
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11.5 AB 939 Education 66
ARTICLE 12: GENERAL PROVISIONS 66
12.1 Late Payment Fee 66
12.2 Rate Composition 66
12.3 Force Majeure 67
12.4 Notices 67
12.5 Non-discrimination 68
12.6 Compliance with Immigration Laws 68
12.7 No Liability of City Officials 68
12.8 Laws and Regulations 68
12.9 Proprietary Information: Public Records 68
12.10 Waiver of Existing Claims 69
12.11 Waiver of Future Claims 69
12.12 Conflict of Interest 69
12.13 Interpretation 70
12.14 Amendment: No Oral Amendments 70
12.15 Severability 70
12.16 Attorneys' Fees 70
12.17 No Joint Venture 70
12.18 Rights and Remedies are Cumulative 71
12.19 Governing Law 71
12.20 Jurisdiction and Venue 71
12.21 Legal Action 71
12.22 Entire Agreement 71
12.23 Heirs and Successors 71
June 27, 2018 - 7 - City of Hawaiian Gardens: Final Franchise Agreement ATTACHMENT A: HAWAIIAN GARDENS: CITY BOUNDARIES 74
ATTACHMENT B- 1 THROUGH ATTACHMENT B-4: MAXIMUM PERMITTED RATE SCHEDULE 75 RESIDENTIAL, COMMERCIAL, MULTI-FAMILY, TEMPORARY 75
ATTACHMENT C: SPECIAL CITY EVENTS/CITY FACILITIES 76
ATTACHMENT D: GOOD CORPORATE CITIZEN STATEMENT 77
ATTACHMENT E: CONTRACTOR SUBMITTALS 78
ATTACHMENT F: 79
"SECTION 6 - WORK PLAN AND METHODOLOGY, SECTION 11 - IMPLEMENTATION PLAN, AND SECTION 18 - PROPOSED ENHANCEMENTS" 79
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EXCLUSIVE FRANCHISE AGREEMENT
FOR COMPREHENSIVE SOLID WASTE SERVICES
THIS AGREEMENT is made and entered into effective the 1st day of July 2018, by and between the CITY OF HAWAIIAN GARDENS, a municipal corporation, hereinafter referred to as City, and COMMERCIAL WASTE SERVICES, INC., a California Corporation hereinafter referred to as Franchisee. City and Franchisee agree each with the other, that a period of seven (7) years from and after July 1, 2018, is the established term of this Agreement. Franchisee shall have sole right to collect, haul, and dispose of all solid waste and conduct a comprehensive recycling program in the City through June 30, 2025, in accordance with the following terms and conditions. This exclusive franchise may be extended for up to three additional one (1) year terms at the mutual consent of the City and the Franchisee.
RECITALS
WHEREAS, Article XI,§ 7 of the California Constitution authorizes cities to protect public health and safety by taking measures in furtherance of their authority over police and sanitary matters; and
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, ("AB 939" or the "Act") established a Solid Waste management process which requires cities and other local jurisdictions to implement plans for source reduction, reuse and recycling as integrated waste management practices for Solid Waste attributed to sources within their respective jurisdictions; and
WHEREAS, California Public Resources Code § 40059 provides that aspects of Solid Waste handling oflocal concern include but are not limited to frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste services, and whether the services are to be provided by means of nonexclusive, partially exclusive or wholly exclusive franchise, contract, license or otherwise which may be granted by local government under terms and conditions prescribed by the governing body of the local agency; and
WHEREAS, City is obligated to protect the public health and safety of the residents and businesses in the City, and arrangements made by solid waste enterprises and recyclers for the collection of Residential and commercial Solid Wastes should be made in a maimer consistent with the exercise of the City's police power for the protection of public health and safety; and WHEREAS, City and Franchisee are mindful of the provisions of the laws governing the safe collection, transport, recycling and disposal of Residential and commercial Solid Waste, including AB 939, the Res·ource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et. seq.; the Electronic Waste Recycling Act of2003 (SB 20, Chapter 526, Statutes of 2003; SB 50, Chapter 863, Statutes of 2004; AB 575 Chapter 59, Statutes of 2011), laws governing Universal Waste, including, but not limited to, Universal Waste Electronics Devices ("UWED"), non-empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium June 27, 2018 - 9 - City of Hawaiian Gardens: Final Franchise Agreement vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries, alkaline batteries, carbon-zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thennometers, mercury-containing switches; and WHEREAS, City and Franchisee desire to leave no doubts as to their respective roles and to make it clear that by entering into this Agreement, City is not thereby becoming a "generator" or an "arranger" as those terms are used in the context of CERCLA § 107(a)(3) and that it is the Franchisee, an independent entity, not City, which will arrange to collect Solid Waste from single family dwellings, multiple family dwellings, City and Commercial Customers in the City, transport for recycling and disposal and dispose of Solid Wastes which may contain small amounts of household products with the characteristics of hazardous wastes, collect and compost Green Waste and collect and recycle Recyclable Materials from single family dwellings, multiple family dwellings, City, and commercial customers in the City of Hawaiian Gardens, and collect and recycle or dispose of Construction and Demolition Materials ("C&D Materials"); and · WHEREAS, City and Franchisee agree that, subject to City's exercise of its reserved flow control right under of this Agreement, the Franchisee will only utilize landfill or transformation facility destinations for the non-recyclable residential and commercial Solid Waste and Construction and Demolition Materials, which Franchisee will arrange to collect, that City's Chief Administrative Officer has approved in writing; the Franchisee is free at all times to petition the City for the inclusion or addition of any lawfully permitted facility and nothing in this Agreement or other action of the City shall be construed to give rise to any inference that the City has any title, ownership or right of possession of such Solid Waste; and WHEREAS, Franchisee represents and warrants to City that Franchisee has the experience and qualifications to conduct recycling and waste diversion programs, to provide City with information sufficient to meet the City's reporting requirements to CalRecycle and any other State, County, or additional agencies with jurisdiction over the portion of the City's waste stream that is collected by the Franchisee, and that Franchisee shall submit any such data required by the City to meet its reporting obligations in a format approved by the City; and WHEREAS, Franchisee represents that it employs qualified persons responsible for the day-today collection, safe transportation, and disposal of Solid Wastes and that such persons will operate equipment and otherwise conduct all activities in a safe manner which shall minimize the adverse effects of collection vehicles on air quality and traffic, and that Franchisee has the ability to indemnify City in accordance with this Agreement; and
WHEREAS, the City Council finds and determines pursuant to California Public Resources Code § 40059(a)(l) that the public interest, health, safety and well-being, including the minimization of adverse impacts on air quality and traffic from excessive numbers of collection vehicles, the implementation of measures consistent with the City's Source Reduction and Recycling Element, would be served if Franchisee were to be awarded an exclusive Franchise for collection, recycling, diversion and disposal of Solid Waste from Customers in the City, June 27, 2018 - 10 - City of Hawaiian Gardens: Final Franchise Agreement NOW THEREFORE, in consideration of the promises and covenants contained herein, the above recitals, and other good and valuable consideration, the receipt and sufficiency of which are hereby aclmowledged, the Parties hereto agree as follows:
ARTICLE 1: DEFINITIONS
Whenever any term used in this Agreement has been defined by the provisions of Chapter 6.12,
6.13, 6.14 and 6.15 of the Municipal Code or by Division 30, Part I of the California Public Resources Code, the definitions in the Municipal Code or the Public Resources Code shall apply unless the term is otherwise defined in this Agreement, in which case this Agreement shall control.
Except as provided in Section 1, words beginning with lower case letters are being used with their common ordinary meanings, not as defined terms. Otherwise, the following capitalized words and terms shall have the following respective meanings:
1.1 AB 939
"AB 939" shall mean the California Integrated Waste Management Act of 1989, Public Resources Code Section 40000 et seq. and regulations promulgated thereunder, as amended from time, to time.
1.2 AB 939 Program Payment
"AB 939 Program Payment" shall mean that annual fee established by the City and collected from the Franchisee to fund the administrative and related costs of the City for compliance with the Waste Diversion mandates of the State.
1.3 Agreed Upon Procedure
"Agreed Upon Procedure" shall mean the procedures and methodology approved by the City's Chief Administrative Officer for review and audit of Franchisee's records in addition to any and all additional documentation or reports that the City may request in connection with this Agreement for the purposes of conducting an audit.
1.4 Agreement
"Agreement" shall mean this Agreement for Provision of Comprehensive Solid Waste Services.
1.5 Bin
"Bin" shall mean any Solid Waste container of a capacity exceeding 100 gallons (i.e., a "dumpster") and provided to customers by Franchisee.
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1.6 Bulky Waste
"Bulky Waste" shall mean any large or small household appliance, electronic waste, universal waste, furniture, tires, carpet, mattress or similar large item discarded as Municipal Solid Waste from a Single-Family Residential Unit or Multi-Family Residential Unit.
1.7 Duty
To the extent that the franchise granted hereby is exclusive, it shall be so only if contractor is and shall be at all times ready, willing and able to perform its obligations under this Agreement, including but not limited to, collecting, transporting, and disposing of all Solid Waste generated within the City in accordance with the provisions of this Agreement and all applicable laws, rules and regulations.
1.8 Breach of Duty
After engaging in the procedures set out in Aliicle 9 herein, if Franchisee, at any point during the term of this Agreement, cannot fulfill one or more of its duties under this Agreement, either partially or wholly, it shall be considered a "Breach of Duty".
Any and all notices related to a Breach of Duty shall be subject to the Notice Requirements of Section 12.4. See Article 9 for enforcement methods, procedures, and penalties.
1.9 Cart
"Cart" shall mean any molded Container provided by Franchisee of a size not to exceed 100 gallons with two or more wheels for easy carting by an individual.
1.10 Chief Administrative Officer
"Chief Administrative Officer" shall mean the Manager of the City or his or her designee(s).
1.11 City
"City" shall mean the City of Hawaiian Gardens, a municipal corporation organized under the laws of the State of California, and all of the tenitory lying within the municipal boundaries of the City as presently existing and, subject to the provisions of Attachment A, all geographic areas which may be added or annexed thereto during the Term of this Agreement.
1.12 City Facility
"City Facility" shall mean any building, park or other site owned, leased or used by the City.
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1.13 Commercial and Industrial Units
"Commercial and Industrial Units" shall mean the Premises of a business that is not a City Facility, Single-Family Residential Unit or Multi-Family Residential Unit.
1.14 Compensation Schedule
"Compensation Schedule" shall mean that set of prices established by the City to compensate the Franchisee for the full costs of the collection, processing, recycling, composting, and/or transformation or landfill disposal of solid wastes, inclusive of all City fees and program costs.
1.15 Company
"Company" shall mean a corporation, entity or partnership organized and operating under the laws of the State of California and its officers, directors, employees, agents, companies and subcontractors.
1.16 Contract Year
"Contract Year" shall mean each annual period starting from the Effective Date and recurringthereafter from the Effective Date's anniversary.
1.17 Contract Term
"Contract Term" shall mean a period of seven (7) years with an effective date of July 1, 2018 and will expire June 30, 2025. This exclusive franchise may be extended for up to three additional one (1) year terms at the sole option of the City.
1.18 Contractor
"Contractor" shall mean Commercial Waste Services, Inc., a corporation organized and operating under the laws of the State of California, and its officers, director, employees, agents, companies and subcontractors, as permitted under the Agreement.
1.19 Contractor's Proposal
"Contractor's Proposal" shall mean the proposal submitted by Contractor to City on, April 23, 2018 in response to a Request for Proposals dated February 26, 2018. Contractor represents and warrants that all representations set forth in Section 6 - "Work Plan and Methodology", Section 11 - "Implementation Plan", and Section 18 - "Proposal Enhancements" of Contractor's Proposal are true and correct. Sections 6, 11 and 18 of Contractor's Proposal are incorporated by reference into this Agreement and become part of this Agreement. Franchisee shall be held to all proposed services, programs, and rates set forth in Contractor's Proposal and shall not be entitled to amend any provision therein without the express written consent of the Public Works Director and the Chief June 27, 2018 - 13 - City of Hawaiian Gardens: Final Franchise Agreement Administrative Officer. Any failure to provide or complete any provision or service of Contractor's Proposal shall be considered a Material Breach and after engaging in the procedures set forth in Article 9 City will be entitled to seek any and all Enforcement actions as identified in this Agreement. To the extent that any portion of this Agreement contradicts Contractor's Proposal, this Agreement supersedes Contractor's Proposal and is the final written expression of the Parties' Agreement.
1.20 Construction and Demolition Debris (C&D)
"Construction and Demolition Material" or "C&D Material," shall mean any combination of building materials and Solid Waste resulting from construction, remodeling, repair, cleanup, or demolition operations as defined in California Code of Regulations, Title 22 Section 66261.3 et seq. This term includes, but is not limited to, asphalt, concrete, Portland cement concrete, brick, lumber, gypsum wallboard, cardboard, and other associated packaging, roofing material, ceramic tile, carpeting; plastic pipe and steel. The material may be commingled with rock, soil, tree stumps; and other vegetative matter resulting from land clearing and landscaping for construction or land development projects.
1.21 County
"County" shall mean the County of Los Angeles.
1.22 Curbside Recycling Fee
"Curbside Recycling Fee" shall mean that percentage of shared revenue, gross receipts, or other compensation from the sale, barter, or otherwise obtained by Franchisee due to the Franchisee's status as operator of the City of Hawaiian Gardens curbside recycling program, paid to the City on a schedule established hereto.
1.23 CPI
"CPI" shall mean the Consumer Price Index (CUUR0000SA0LlE) for All Urban Consumers (CPI-U), all items less food and energy index - U.S. city average, not seasonally adjusted.
1.24 Day
"Day" shall mean calendar day, unless otherwise stated in this Agreement.
1.25 Disposal Fee
"Disposal Fee" shall mean those costs imposed at the Disposal Site for the handling or dumping of Solid Waste collected by Franchisee.
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1.26 Disposal Site
"Disposal Site" shall mean a permitted Solid Waste facility, transfer station, Material Recovery Facility or pre-processing facility.
1.27 Diversion
"Diversion" shall mean any combination of waste prevention (source reduction), recycling, reuse and composting activities that reduces waste disposed at landfills, provided such activities are recognized by CalRecycle as Diversion in its determination of the City's Diversion rate and compliance with AB 939. CalRecycle may limit Diversion considered to be achieved through Transformation/waste-to-energy, use of Green Waste as alternative daily cover ("ADC") and other activities.
1.28 Effective Date
The "Effective Date" shall be the Franchise Start Date which will commence at 12:01 a.m. of July I, 2018.
1.29 Facility
"Facility" shall mean any plant or site, owned or leased and maintained, operated or used by Franchisee.
1.30 Franchisee
"Franchisee" shall mean, Commercial Waste Services, Inc., a corporation, entity or partnership organized and operating under the laws of the State of California arid its officers, directors, employees, agents, companies and subcontractors.
1.31 Franchise Documents
"Franchise Documents" shall mean Chapter 6.12, 6.13, 6.14, and 6.15 as the same exists or may be amended in the future of the Municipal Code of the City of Hawaiian Gardens, this Agreement, and any attachments hereto.
1.32 Franchise Start Date
"Franchise Start Date" shall mean the date on which the exclusive franchise granted by the Agreement with the City to commence to start services as identified in this agreement, which date shall be at 12:01 a.m. of July I, 2018.
1.33 Franchise Term
"Franchise Term" shall mean the term of the exclusive franchise granted to Franchisee by this Agreement, which Franchise Term shall commence on the Franchise Start Date (12:01 June 27, 2018 - 15 - City of Hawaiian Gardens: Final Franchise Agreement a.m., July 1, 2018) and continue until 11 :59 p.m., June 30, 2025.
1.34 Franchise Fee
"Franchise Fee" shall mean an amount paid Quarterly to City equal to Ten Percent (10%) of Gross Receipts collected during the preceding Quarter for any franchise service, or related service, provided under this Agreement. This franchise fee is a specific public benefit remitted to the City as part of its consideration for the right granted to provide exclusive Solid Waste Handling Services in recognition of this franchise and is not subject to any percentage reduction or "net-of-fees" computation. "
1.35 Green Waste
"Green Waste" shall mean any and all forms of biodegradable plant material which can be placed in a covered Container, such as wastes generated from the maintenance or alteration of public, commercial or residential landscapes including, but not limited to, yard clippings, leaves, tree trimmings, pruning(s), brush, and weeds as well as green waste. Tree stumps and limbs greater than three (3) inches in diameter are excluded unless they are reduced to a chipped form; otherwise, such large portions of Green Waste shall be considered Bulky Waste.
1.36 Gross Receipts
"Gross Receipts" shall mean all monies, consideration and revenue received by Franchisee in connection with the services carried out under this Agreement and shall include all Tipping Fees and/or other fees and/or taxes charged to and collected by Franchisee and thereafter passed-on to Franchisee's customers under this Agreement, subject to any requirements of Proposition 218. Copies and/or proof of gross monthly receipts may be requested at the sole discretion of the City with thirty-days' (30) notice. Failure to provide or cooperate with City in providing these documents equates to a Material Breach under this agreement.
1.37 Hazardous Waste
"Hazardous Waste" shall mean any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government. The term "Hazardous Material" includes, without limitation, any material or substance which is: (i) petroleum or oil or gas or any direct or derivate product or byproduct thereof; (ii) defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under Sections 25115, 25117 or 25122. 7, or listed pursuant to Section 25140, of the California Health and Safety Code, Division 20, Chapter
6.5 (Hazardous Waste Control Law); (iii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (CarpenterPresley-Tanner Hazardous Substance Account Act); (iv) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Sections 25501G) and (k) and 25501.1 of the California Health and Safety Code, Division 20, Chapter 6.95 June 27, 2018 - 16 - City of Hawaiian Gardens: Final Franchise Agreement (Hazardous Materials Release Response Plans and Inventory); (v) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (vi) "used oil" as defined under Section 25250.1 of the California Health and Safety Code; (vii) asbestos; (viii) listed under Chapter 11 of Division 4.5 of Title 22 of the California Code of Regulations, or defined as hazardous or extremely hazardous pursuant to Chapter 10 of Division 4.5 of Title 22 of the California Code of Regulations; (ix) defined as waste or a hazardous substance pursuant to the Porter-Cologne Act, Section 13050 of the California Water Code; (x) designated as a "toxic pollutant" pursuant to the Federal Water Pollution Control Act, 33 U.S.C. Section 1317; (xi) defined as a "hazardous waste" pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq. (42 U.S.C. § 6903); (xii) defined as a "hazardous substance" pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601, et seq. (42 U.S.C. § 9601); (xiii) defined as "Hazardous Material" pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. Section 5101, et seq.; or (xiv) defined as such or regulated by any "Superfund" or "Superlien" law, or any other federal, state or local law, statute, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials and/or oil wells and/or underground storage tanks and/or pipelines, as now, or at any time hereafter, in effect.
1.38 Holiday
"Holiday" shall mean holidays prescribed by the City of Hawaiian Gardens specific to Franchisee service. These prescribed holidays include: New Year's Day, Labor Day, Memorial Day, Thanksgiving Day, Independence Day, and Christmas Day. All collection activities scheduled during a prescribed Holiday shall be collected on the following nonholiday collection day.
1.38.1 Residential Holiday Exception
Contract effective date is July 1, 2018, however the normal collection date for the residential route is Wednesday, which falls on July 4, 2018, a holiday. City requires that Franchisee provide services as normal on July 4, 2018 even though it is a national holiday.
This is required in order to maintain a smooth transition from previous franchisee to new franchisee. Additionally, all noted holidays that fall on Wednesday for residential collection, except as defined in Section 1.38 "Holiday", shall be collected on Wednesday; there will be no exceptions to this collection schedule unless authorized by Resolution from the City Council. City will not be responsible for any additional costs associated with Franchisee performing services on any aforementioned holiday.
1.39 Household Hazardous Waste or HHW
"Household Hazardous Waste" or "HHW" shall mean that waste resulting from products purchased by the general public for household use which, because of their quantity, concentration, or physical, chemical, or infectious characteristics, may pose a substantial June 27, 2018 - 17 - City of Hawaiian Gardens: Final Franchise Agreement known or potential hazard to human health or the environment when improperly treated, disposed, or otherwise managed.
1.40 Household Waste
"Household Waste" shall mean that waste normally generated by a Single-Family Residential Unit or a Multi-Family Residential Unit.
1.41 Infectious Waste
"Infectious Waste" shall mean waste capable of producing an infection or pertaining to or characterized by the presence of pathogens including, but not limited to, certain wastes generated by medical practitioners, hospitals, nursing homes, medical testing labs, mortuaries, taxidermists, veterinarians, veterinary hospitals and medical testing labs and any waste that includes animal wastes.
1.42 Materials Recovery Facility
"Material Recovery Facility or MRF" shall mean a transfer station which is designed to, and as a condition of its permit, shall, recover for reuse or recycling, at least fifteen percent (15%) of the total volume of material recovered by the facility as set forth in Public Resources Code Section 50000(a)(4).
1.43 Material Breach
A breach is considered "material" under this agreement pursuant to Article 9 of this Agreement, if the following situations occur (this list is not all-inclusive, but shall include):
failure to submit payments on-time and/or in the proper amount, failure to act in good faith, failure to provide adequate service to the City's businesses and/or residents, failure to meet the required diversion amounts, failure to report accurately, failure to cooperate with request for documents, or failure to cooperate with audit procedures. Any fees and/or penalties including but not limited to liquidated damages, shall become due upon notification of Material Breach and after engaging in the procedures set forth in Article 9 of this Agreement. City may charge 1.5% interest per month for each month Franchisee fails to remit payment.
1.44 Maximum Rate Schedule
"Maximum Rate Schedule" shall mean that schedule of rates charged to Residential Units and Commercial and Industrial customers located in the City (and/or annexed property) by Franchisee for Franchisee's waste hauling services, which Maximum Rates are effective as of the Effective Date of this Agreement and attached hereto in "Attachment B". There shall be no rate increase for a period of two (2) years from the effective date of Agreement. Any rate increase requests following this period shall be subject to the Maximum Rates as identified in Attachment B of this agreement.
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1.45 Multi-Family
"Multi-Family" shall mean a development of five (5) or more Residential Units, including a condominium project, duplex, townhouse project, apartment house, or mobile home park, irrespective of whether residence therein is transient, temporary or permanent, such that all Residential Units dispose of Solid Waste and/or Recyclable Materials in a communal Bin(s) at centralized locations.
1.46 Oil Waste
"Oil Waste" shall mean used motor oil and used oil filters.
1.47 Owner
"Owner" shall mean the person, organization or corporation holding the legal title to the real property constituting the Premises to which solid waste management services are provided or required to be provided. For the purposes of provisions in this Agreement pertaining to the sending of notices, billings or other communications by Franchisee to an Owner, Franchisee may regard as the Owner the person, organization, corporation or other entity shown in the records of the Assessor of the County or as may be indicated by documents recorded in the Office of the Recorder of the County.
1.48 Premises
"Premises" shall mean any parcel of land, building(s) and/or structure(s), or portion thereof, in the City where Municipal Solid Waste is produced, generated or accumulated and which is billed as one customer or one Multi-Family complex.
1.49 Performance Bond
"Performance Bond" shall guarantee Franchisee's faithful performance of waste hauling services under the auspices of this Agreement, including without limitation, payment of any penalty and the funding of any work to cure a breach of this Agreement. The bond shall be unconditional and remain in full force and affect during the entire term of this Agreement and shall be null and void, if and only if, City in its sole discretion, determines that Franchisee has performed all duties and paid all fees and payments as identified in this agreement. The Performance Bond shall be in the sum of ONE MILLION DOLLARS ($1,000,000.00), in the form provided by the Chief Administrative Officer.
1.50 Proposition 218
"Proposition 218" shall mean Articles XIIIC and XIIID of the California Constitution and any implementing legislation promulgated thereunder, as may be amended from time to time.
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1.51 Rate Increase
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Franchisee shall be entitled to request a rate adjustment annually on the agreement anniversary of July 1 per the requirements of the Maximum Rate Schedule as identified in Attachment B. There shall be no Extraordinary Rate increases during the entire term of this agreement. A rate increase shall be considered "extraordinary" if the request is over the allowable adjustment percentage/formula as stated in Attachment B, and/or is unsubstantiated in any way.
1.52 Recyclable Container
"Recyclable Container" shall mean any Bin or Cart provided by the Franchisee for the collection of Recyclable Materials.
1.53 Recyclable Material
"Recyclable Materials" shall mean any product salvaged or collected for the purpose of reprocessing or remanufactuting including, but not limited to, glass, newsprint, aluminum, cardboard, plastics or metal.
1.54 Recycling/Recycle
"Recycling" shall mean the processing of Recyclable Materials for the purpose of returning them to the economy in the form of raw materials for new, reused, or reconstituted products. Recycling does not include use of Solid Waste for conversion to energy.
1.55 Refuse
"Refuse" shall mean putrescible and non-putrescible Solid Waste.
1.56 Residential Unit
"Residential Unit" shall mean any individual dwelling unit used for or designated as a single-family residential as either (i) a Single-Family Unit or (ii) a single unit in a MultiFamily Unit.
1.57 Solid Waste
"Solid Waste" shall mean all solid wastes generated by residential, commercial, and industrial sources, and all solid waste generated at construction and demolition sites, and at treatment works for water and waste water, which are.collected and transp01ied under the authorization of the City or are self-hauled by residents or contractors. Municipal Solid Waste does not include agricultural crop residues, mining waste'and fuel extraction waste, forestry wastes, ash from industrial boilers, furnaces and incinerators or Hazardous Waste, any waste which is not pennitted to be disposed of at a Class III landfill and which fall within the definition of "Nonhazardous Solid Waste" set forth in Title 23, Chapter 15, · June 27, 2018 - 20 - City of Hawaiian Gardens: Final Franchise Agreement Section 2523(a) of the California Code of Regulations as amended or designated Class II wastes.
1.58 Single-Family
"Single-Family" shall mean Premises used or designated for residential use and consisting of four (4) or fewer Residential Units, such that each Residential Unit receives its own set of Carts and individual curbside collection services therefore.
1.59 Source Reduction
"Source Reduction" shall mean the process of reducing the amount of waste produced by the person or organization generating such waste. Source Reduction occurs through the use of alternative goods and products and/or the reuse of goods and products.
1.60 Source Separated
"Source Separated" shall mean the segregation, by the generator, of materials designated for separate collection for some form of materials recovery or special handling.
1.61 Term
"Term" shall mean the effective period of this Agreement as defined in Section 2.5.
1.62 Tipping Fee
"Tipping Fee" shall mean the common name for and has the same meaning as Disposal Fee.
1.63 Transformation
"Transformation" shall mean incineration, pyrolysis, distillation, gasification, or biological conversion other than composting.
1.64 Waste Diversion or Diversion
"Waste Diversion" or "Diversion" shall mean diversion from Disposal Sites or transformation facilities (including incineration, pyrolysis, distillation, gasification or biological conversion) through source reduction, Recycling and composting, as provided in Section 41780 of the Act, provided that "Divert" or "Diversion" shall include delivery to transfonnation facilities if the overall Diversion achieved by the Town is at a level where delivery to such facilities shall be considered Diversion pursuant to the California Integrated Waste Management Act of 1989 (Public Resources Code Sections 40000 et seq).
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1.65 Waste Generator
"Waste Generator" shall mean a person as defined by the Public Resources Code, whose act of process produced Solid Waste as defined in the Public Resources Code, or whose act first causes Solid Waste to become subject to regulation.
1.66 Work Plan
"Work Plan" shall mean the Franchisee's prepared proposal pursuant to the Request for Proposals (RFP) and identified as "Attachment G" of this Agreement.
ARTICLE 2: GRANTS AND ACCEPTANCE OF FRANCHISE
2.1 Documents
The Franchise Documents consist of Chapter 6.12 through Chapter 6.15 as the same exists or may be amended in the future of the Municipal Code of the City of Hawaiian Gardens, this Agreement, the request for proposal response of the selected firm awarded the Franchise, and any attachments hereto. All of the provisions of the Franchise Documents are incorporated and made a part of this Agreement as though set forth in full. Nothing shall prevent the City from amending Chapters 6.12-6.15 of the Municipal Code or from adopting such other and further legislation as the City deems necessary or appropriate; provided, however, that the City shall give Franchisee ten (10) days, notice prior to considering any amendment to Chapter 6, if such amendment would affect costs of revenue under this Agreement; provided, however, failure to give such notice shall not invalidate the amendment.
2.2 Enforcement of Exclusivity
Contractor shall be responsible for enforcing the exclusivity of this Agreement ( except as provided in Section 2.11 below). City shall have the right to enforce the exclusivity provisions hereof if, in its absolute and sole discretion, it chooses to do so, but shall have no obligation to do so for the benefit of Contractor or otherwise. City additionally shall have the right, but not the obligation, to request that Contractor enforce the exclusivity provisions hereof. Contractor shall have an affirmative obligation to enforce such exclusivity provisions when requested to do so by City. For example, Contractor may be asked to notify City of inappropriately placed Containers and to place warning tags on such Containers. City may direct Contractor to impound such Containers in accordance with the City's Municipal Code; Contractor may be entitled to charge Container owners Cityapproved fees for such impounding with advance written City approval. If Contractor requests that City take administrative, law enforcement, or other legal action to protect Contractor's exclusive rights, or otherwise enforce the exclusivity of this Agreement (including the adoption of any resolution or ordinance intended to facilitate the enforcement of the exclusive rights granted herein), Contractor shall reimburse City for all administrative, law enforcement, or other legal costs and fees related to any such action.
June 27, 2018 - 22 - City of Hawaiian Gardens: Final Franchise Agreement Contractor's obligation to reimburse City shall not apply to any criminal enforcement by City.
2.3 Effective Date
The term "Effective Date" shall be the agreement start date which will commence on at 12:01 a.m. of July 1, 2018, regardless of the date which the agreement is executed.
2.4 Execution Date
The date of execution is the date at which both parties sign ("execute") the agreement.
2.5 Franchise Term
The term of this Agreement (the "Term") shall commence at 12:01 a.m., July 1, 2018 and shall expire on 11 :59 p.m. June 30, 2025.
2.6 Option to Extend
The City and the Franchisee may mutually consent to extend this Agreement by three (3) additional one-year periods, thus creating a maximum ten-year Term. Franchisee may also make a proposal to the City Council to extend, renew, or enter into a new Agreement six (6) months prior to the end of the Tenn. The City is under no obligation to grant any requested extension or new agreement proposed by the Franchisee. Under no circumstance shall this agreement or any terms contained herein be modified verbally by either party.
2.7 Grant of Franchise
The City grants to Franchisee and Franchisee shall have during the Franchise Term, the exclusive franchise, right, license and privilege ( except as provided in Section 2.11 below) to engage in, the business of collecting and transporting all Solid Waste and Recyclable Materials generated within the City. It is expressly understood that the Solid Waste management business is conducted by Franchisee and not City, and while City grants the right to conduct the business within the terms of this Agreement, the Franchisee must determine what personnel to employ, terms and conditions of employment; what equipment to utilize and at what cost, rates, and charges to establish for customers; and all methods, costs, obligations, and mechanisms to undertake the terms of the franchise.
2.8 Duty
To the extent that the franchise granted hereby is exclusive, it shall be so only if contractor is and shall be at all times ready, willing and able to perform its obligations under this Agreement, including but not limited to, collecting, transporting, and disposing of all Solid Waste generated within the City in accordance with the provisions of this Agreement and all applicable laws, rules and regulations.
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2.9 Breach of Duty
After engaging in the procedures set forth in Article 9 of this Agreement, if Franchisee, at any point during the term of this Agreement, cannot fulfill one or more of its duties under this Agreement, either partially or wholly, shall be considered a "Breach of Duty". Any and all notices of a Breach of Duty shall be subject to the Notice requirements of Section
12.4. See Article 9 for enforcement methods, procedures, and penalties.
2.10 Annexations
This Agreement shall extend to any territory annexed to the City during the Term that is not covered by an existing Solid Waste permit, license, agreement or franchise granted by another public entity shall be added hereto, except to the extent that collection by Franchisee within that annexed territory would violate the provisions of Public Resources Code Section 49520. In such event, this Agreement shall become effective as to such area at the earliest possible date permitted by law, and City agrees that it shall cooperate with Franchisee to fulfill any requirement necessary for Franchisee to serve the annexed area.
The "Maximum Rate Schedule" in Attachment B, shall be applicable to any annexed territory that Franchisee services during the term of this agreement.
2.11 Scope of Franchise; Mandatory Service and Exclusions The franchise granted to Franchisee shall be exclusive within City limits such that Franchisee shall be the sole provider of general Solid Waste and Recyclable Materials hauling services to City residents and businesses. To this end, at all times during the Term of this Agreement, the City shall require the Owner of each Single-Family Residential Unit, Multi-Family Residential Unit, Commercial Unit, and Industrial Unit where Solid Waste is produced to subscribe to the collection service provided for in this Agreement and in Chapters 6.12-6.15 of the Municipal Code. The hauling services franchise herein granted shall be subject to the following exclusions:
2.11.1 Intergovernmental Immunity
All (i) universities, (ii) school districts, (iii) other state agencies, (iv) any other governmental entity that is not subject to the City's police powers, and (v) the exclusivity provisions of any ordinance to be adopted by the City;
2.11.2 Self-Hauling Exclusions
Self-hauling by City residents, commercial businesses, and contractors within the City who may elect to opt out of the services provided for by the Franchisee include the following:
1. Self-haul materials, which are generated by a residential or commercial entity and delivered by that entity directly to a recycling facility, transfer station, or disposal facility.
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11. Removal of materials from a premise by a contractor as an incidental part of a gardening, landscaping, tree trimming, pruning, cleaning, maintenance, construction, or similar service offered by that contractor rather than as a hauling service, provided that the hauling is performed by the contractor itself and not a subcontracted hauling company.
111. Removal of construction and demolition debris from a construction site by the construction contractor, provided that the hauling is performed by the contractor itself and not a subcontracted hauling company. (Ord. 518 § 1, 2007). 1v. Sale or Gift of Recyclable Materials. This Agreement does not prohibit any person from selling Recyclable Materials or giving Recyclable Materials away to persons or entities other than the Franchisee; however, in either instance: (1) the Recyclable Materials must be segregated from and not mixed with Solid Waste; and (2) the segregated solid waste material cannot have a contamination level of greater than 10%, measured by weight or volume. Specifically, "contamination" would encompass any putrescible or non-putrescible material not specifically targeted for segregation. A discount or reduction in price for collection, disposal and/or recycling services for any form of unsegregated or segregated Solid Waste, regardless of contamination level, is not a sale or donation of Recyclable Materials and such Solid Waste does not qualify for this exception; and v. Other Services; Niche Recycling Services. City reserves the right to enter into agreements with other entities for the collection, recycling, and disposal services not provided for in this Agreement, including but not limited to catch basin cleanouts, household hazardous waste collection, and "niche" recycling services which Contractor does not currently provide; and
v1. Recyclable Materials Drop Off. Recyclable Materials not "discarded" by an Owner of Premises which is disposed of at legally mandated public redemption centers that comply with all reporting and other requirements imposed by any political entity having jurisdiction over those redemption centers; and
vii. Emergency Collections. The casual or emergency collection, removal, disposal or Diversion of Solid Waste by the City through City officers or employees in the normal course of their employment; and
viii. Legally-Required Exemptions. Other collection, removal or disposal activities required to be exempt from mandatory franchise services pursuant to law, or entities exempt from such franchise pursuant to State or Federal law, including but not limited to Non-City governmental entities located within City boundaries.
2.12 City's Right to Direct Charges
2.12.1 General
City may direct Contractor to perform additional services (including new Recycling or other Diversion programs, additional Solid Waste processing, etc.) or modify the manner in which it performs existing services or Bills for services. Pilot programs and innovative services which may entail new Collection methods, and different kinds of services and/or new requirements for Waste Generators are included among the kinds of changes which City may direct. Contractor acknowledges that State law may increase the Diversion June 27, 2018 - 25 - City of Hawaiian Gardens: Final Franchise Agreement requirement or require new programs during the term of this agreement and Contractor agrees to propose services to meet such new requirements. Contractor shall be entitled to either a rate adjustment or additional Contractor Compensation for providing such additional or modified services, including a pre-tax profit factor equal to ten percent (10%) of the incremental cost of such additional or modified services. If City and Contractor cannot agree on compensation for new or additional services within ninety (90) days from the date City first requests a proposal from Contractor, then City may contract with other parties for such services, which shall be considered exempt from the exclusivity provisions of Section 2.11.
2.12.2 New Diversion Programs
Contractor shall present, within thirty (30) days of a request to do so by City, a proposal to provide additional or expanded Diversion services. The proposal shall contain a complete description of the following:
• Collection methodology to be employed
• Processing methods
• Equipment to be utilized (number of vehicles, types, etc.) • Labor requirements (number of employees by classification) • Type( s) of Containers to be utilized
• Type(s) of material to be collected
• Provision for program publicity/education/marketing
• One-year projection of the financial results of the program's operations in an operating statement format, including documentation of the key assumptions underlying the projections, and the support for those assumptions
2.13 Representations and Warranties of Franchisee
2.13.1 Corporate Status
Franchisee, doing business as Commercial Waste Services, Inc., a company duly organized, validly existing and in good standing under the laws of the State of California.
Franchisee is qualified to transact business in the State of California and has the corporate power to own its properties and to carry on its business as now owned and operated and as required by this Agreement.
2.13.2 Corporate Authorization
Franchisee has the authority to enter into and perform its obligations under this Agreement.
The Board of Directors of Franchisee (or the shareholders if necessary) have taken all actions required by law, its articles of incorporation, its bylaws or otherwise, to authorize the execution of this Agreement. The persons signing this Agreement on behalf of Franchisee have authority to do so. Entering into this Agreement does not violate any provision of any other Agreement to which Franchisee is bound.
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2.13.3 Accuracy of Representations
The representations and warranties made by Franchisee in Section 6- "Work Plan and Methodology, Section 11 - "Implementation Plan", and Section 18 - "Proposal Enhancements" are true and correct on and as of the Effective Date of this Agreement.
ARTICLE 3: ADMINISTRATIVE, FRANCHISE & FEES
3.1 Franchise Fee
Franchisee shall pay a quarterly fee to City equal to Ten Percent (10%) of Gross Receipts collected the preceding quarter for any franchise service, or related service, provided under this Agreement. This franchise fee is a specific public benefit remitted to the City in recognition of the granting of this franchise and is not subject to any percentage reduction or "net-of-fees" computation without the express approval of the City Council. Franchise Fee payments are due 30 days after each preceding quarter's end, up to and including the final month of this Agreement. Any under-payment or non-payment of franchise fees is subject to a late payment penalty of 1.5% per month, or any fraction of a month beyond the prescribed due date. This is an agreed upon penalty that is cumulative upon any balances owing or subsequently found as owing through audit or other rrieans. Gross Receipt breakdown shall be submitted with the Quarterly Franchise Fee payment. Failure to timely and accurately pay the Franchise Fee is considered a material breach of this Agreement.
3.2 Annual Program Payments
Contractor shall make the following annual payments to the City on the anniversary date of this Agreement. Failure to make annual payments on the prescribed date is considered a material breach of this Agreement:
1. AB 939 Program Payment: An "AB939 Program Payment" in the amount of twenty thousand dollars $20,000 is to be remitted by the Franchise on an annual basis to reimburse the City for costs related to compliance with State recycling mandates, City staff expense for oversight and review of Contractor recycling activities, and the cost of professional consulting services determined as necessary and/or beneficial by the City.; and
11. Performance Audit Program Payment: An annual payment in the amount of twentyfive thousand dollars $25,000 for a third-paiiy review and audit of contractor performance, record keeping, and fee calculations. Such an audit will verify the accuracy of franchise and curbside recycling fee payments as well as the Contractor's implementation of programs, maintenance of records, and general compliance with the terms of this Agreement.; and
3.3 Current Fees, Bond(s), Payments - Due upon Contract Execution The following actions shall constitute conditions precedent to the effectiveness of this June 27, 2018 - 27 - City of Hmvaiian Gardens: Final Franchise Agreement Agreement:
1. The approval, execution and effectiveness of this Agreement shall have been successfully completed as described in Section 2.3 & 2.4 hereof; and ii. In exchange for a the City granting the franchise pursuant to this Agreement, Franchisee shall pay to City a one-time administrative fee, to be paid within thirty-days (30) of the Agreement Execution Date as described in Section 2.4 hereof, to reimburse the City for all costs related to the preparation of the Request for Proposals that led to the selection of the Franchisee, and the City's legal fees (attorneys' fees and costs) and professional fees (consultant fees and costs), incurred in the negotiation, research and drafting of this Agreement which amount shall be one hundred thousand dollars ($100,000.00). Failure to submit this payment to City within the prescribed time-period equates to a Material Breach, and all provisions of this agreement including the procedures set forth in Article 9 apply.
iii. The Franchisee shall submit a surety Performance Bond of One Million Dollars ($1,000,000.00).
3.4 Future Fees
In the event that City implements a new fee ( or increases an existing fee beyond the amount contemplated under this Agreement) Contractor shall be entitled to a rate adjustment in an amount sufficient to recover the fee from Customers. City may elect to have Contractor pay monthly, or on another schedule as City identifies. City may set deadlines and late fees, and additional fees would be subject to audit. Conditions to Effectiveness of Agreement.
Each payment of the Annual Program Payment(s) and Franchise Fee Payments shall be accompanied by a statement setting forth the Franchisee's computations and the total of fee due. Each statement shall include the following certification executed by an officer of the Franchisee:
"I hereby certify that the.foregoing statement is made by me, that I am authorized to make such statement, and that, to the best of my knowledge and belief, it is true, correct and complete. "
ARTICLE 4: SOLID WASTE COLLECTION SERVICE OPERATING
REQUIREMENTS
4.1 General Standards
The work to be performed pursuant to this Agreement shall include the furnishing of all supervision, labor, materials, equipment, tools, expertise and any other items necessary to perform the services described in this Agreement. All work shall be accomplished in a courteous, thorough and workmanlike manner and adhere to the highest standards consistent with the best practice in the industry.
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4.2 Collection Routes.
The Contractor shall establish and maintain Collection routes in such manner to provide for the uniform and efficient collection of City Solid Waste from all Residential Premises and Commercial Premises on a Monday-through-Saturday basis. Residential Cart Collection routes shall maintain the Collection days in effect immediately prior to the start of service under this Agreement, unless and until City approves a change request. See Attachment A for City map by Residential Cart Collection day. City shall not be obligated to adjust parking restrictions to accommodate Collection routes. The Contractor shall not schedule City Solid Waste collection on Sundays, except as specified in this Agreement or as authorized by the Public Works Director. At all Residential Premises and Commercial Premises which require more than one (1) collection per week, the Contractor shall schedule collections at equally spaced intervals throughout the work week, or as approved by the Public Works Director.
4.3 Compliance with Transition Plan and Services
In performing its obligations under this Agreement, the Contractor shall comply with Sections 6, 11 and 18 of Contractor's Proposal and the Transition Plan contained in Attachment G and shall at all times comply with the service requirements contained in this Agreement. To the extent that any portion of the Transition Plan or this Agreement contradicts Contractor's Proposal, this Agreement supersedes Contractor's Proposal and is the final written expression of the Parties' Agreement Failure to meet any deadlines or requirements in said Sections may result in the imposition of liquidated damages after following the procedures set forth in Article 9 of this Agreement. City represents and warrants that it is not currently aware of any breaches by Contractor of the Transition Plan or Section 6, 11 and 18 of Contractor's Proposal. Any changes to services shall be reflected in a formal amendment to this Agreement. The City shall have the right at any time to direct the Contractor to change, amend, modify or otherwise revise the services; provided, however, that the Contractor shall be entitled to an adjustment in an amount equal to any increased costs resulting from such amendment, modification or revision of the services to the extent provided in Attachment B plus a profit often per cent. The Contractor also may request the City to approve any such revision, which the Contractor may propose. The City's approval of any such request may be withheld or delayed in the City's sole and absolute discretion. Any such revision directed or approved by the City shall be incorporated into this Agreement and shall be evidenced by formal amendment thereto.
Upon such direction or approval by the City, the Contractor shall notify all affected Service Recipients at least fifteen (15) days prior to implementing the revision(s).
4.4 Standards of Performance
4.4.1 Availability of Franchisee
Franchisee has established and shall continue to maintain a local office for the purpose of receiving customer payments and handling customer inquiries, orders and complaints. The "local" office must remain in a location within fifteen (15) miles of the City boundary and June 27, 2018 - 29 - City of Hawaiian Gardens: Final Franchise Agreement having the same telephone area code as that existing in the City. The local office shall be open to the public between the hours of 8:00 a.m. to 5:00 p.m., five (5) days per week, Monday through Friday, including Holidays. A representative of Franchisee shall be available during office hours for communication with the public at such local office.
Additionally, the Franchisee shall continue to employ the services of a telephone answering exchange for calls during non-business hours and provide a telephone system sufficient and adequate to handle calls during peak periods. The Franchisee shall provide the City's Chief Administrative Officer and the City's Police and Fire Departments with any updated emergency telephone numbers. Franchisee shall have a representative or answering service available at said telephone number every day for each 24-hour period, regardless of holidays, except those holidays identified in Section 1.3 8.
4.5 Residential Collections
4.5.1 Residential Cart Services
Collection service for Single-Family Residential Units and Multi-Family Residential Units shall occur once per week ( every Wednesday citywide) on a schedule approved by the Chief Administrative Officer.
Franchisee shall have the option of proposing a new residential collection route/schedule upon approval of Chief Administrative Officer, but shall under no circumstance be allowed to charge more than the "Maximum Rate Schedule" in Attachment B.
4.5.2 Collection Quantities
The basic service level and rates specified in the Compensation Schedule shall be the default collection quantity. For single-family residential customers, and multi-family customers as designated by the City, that is the designated 96-gallon refuse, 96-gallon recycling, and 64-gallon green waste carts listed therein. For multi-family, commercial, and industrial customers that is a one (1) to six (6) cubic-yard bin. Collection of lesser or additional collection quantities, including the use of alternatively sized containers shall be the right of the Franchisee's customers, provided the container size is listed in the Compensation Schedule and ascribed a specific franchise rate, and that any lesser service collection quantity is reasonably compatible with the customer's waste generation quantities. The City shall be the ultimate arbiter of collection quantity disputes between the Franchisee and its customers.
4.5.3 Containers
1. Multi-Family Containers & Collections. Multi-Family complexes utilize one or more Franchisee Provided Container(s) (generally at least one Bin for Solid Waste) located at a central on-site location and shared by multiple Residential Units. The location of Containers and the location for automated collection therefrom in MultiFamily complexes shall be mutually-agreed as between the Multi-Family site management and Franchisee, excepting that any storage or placement of MultiJune 27, 2018 - 30 - City of Hawaiian Gardens: Final Franchise Agreement Family Containers in public streets or rights-of-way shall be subject to the prior written approval of the City.
Multi-Family complexes consisting of five (5) units or more are by mandate, required to recycle pursuant to AB 341 "Mandatory Commercial Recycling".
Franchisee shall process all Multi-Family Bin Waste at a fully permitted Materials Recovery Facility (MRF) and shall divert a minimum of fifty-percent (50%) of the collected waste.
11. Residential Containers & Collections. Automated collections for residential units (i.e., stand-alone Single-Family Units or Multi-Family units designated by City as eligible for cart services) shall be made from the curbside or from alleyways adjacent to the Residential Unit. Residents may elect to place Containers at an alternate collection location, if approved by Franchisee, provided that the placement and retrieval of containers complies with the requirements of the Municipal Code. Each Single-Family unit shall receive from Franchisee, at a minimum, one Solid Waste Cart, one Recyclable Cart, and one Green Waste Cart, pursuant this document.
111. Charges for Franchisee-Provided Containers. The cost to customers for each Franchisee Provided Container (Carts, Bins or Recycle Containers) is built-in to the Maximum Services Rates attached hereto in Attachment B.
4.6 Valet Service
Residents physically unable to roll their automated Carts to and from the point of collection may request valet service. Contractor will be required to remove the Carts from the backyard or other location(s) of Cart storage, to the curb for collection, and return said Caris to their original storage locations by 6:00 p.m. the same day of service at no additional cost.
An annual verification process will be initiated, providing evidence of physical disabilities.
City and Contractor will utilize the California Department of Motor Vehicles handicap license as evidence of physical disability. If customer does not possess a driver's license, then City and Contractor shall determine another course of verification.
4.7 Low-Income Senior Citizen Discount
Franchisee shall offer a low-income senior discount available to qualifying customers age 65 and older who also qualify for Edison's low-income discount (Care Program).
Customers will have to show their qualifying utility bill or related information. The discount will be available only for automated residential Cart customers and will be 10% off the standard service rate attached hereto in Exhibit "B". Low-Income Senior service level shall be 64-gallon residue Cart, 64-gallon Recycling Cart and a 64-gallon Green Waste Cart.
4.8 Organics and Food Waste Recycling (Optional)
Franchises shall provide an Organics program to all Multi-Family units that are required to June 27, 2018 - 31 - City of Hawaiian Gardens: Final Franchise Agreement have a program based on AB 1826.
Franchisee shall provide an optional program and pricing for implementing a Residential "Program" that includes Food Waste recycling pursuant to the recycling requirements of SB 13 83 (2016). This proposal and implementation of this Program shall not be required until the first anniversary of the effective date of this agreement.
4.9 Collection of Bulky Waste
4.9.1 Residential Bulky Waste
Franchisee shall provide Bulky Waste collection to both single and multi-family residential customers, at no additional charge, on a five (5) time per year basis. Bulky Waste as defined by the City shall include electronic and universal waste items. A Customer shall have the right to five (5) Bulky Items pickups per year, with up to six (6) items per pickup. Such pickups shall take place on the regularly scheduled collection day of resident so as reduce resident confusion. Franchisee will establish the bulky waste collection schedule with the Chief Administrative Officer prior to each contract year. Franchisee will include this schedule of bulky waste collection in their residential customer billings and bi-annual newsletter.
4.9.2 Abandoned Bulky Waste Collections
Franchisee shall collect and remove at no charge any abandoned bulky waste items dropped in City public right-of-way areas, at City parks, and other public locations. Collection shall be made within 24 hours of notice by the City or a customer of the Franchisee. City expects that the Franchisee will provide a suitable collection vehicle and have such vehicle available to perform needed collections for up to three hours per day, Monday through Friday, between 7:00 a.m. and 4:00 p.m., with no service on holidays.
4.9.3 Additional Bulky Items Service
Should a residential customer require additional bulky item collection service in excess of the five bulky item collections per year or items in excess of six (6) items per pick-up, customer shall be charged a fee for such service per the Maximum Customer Rates (Attachment B).
4.9.4 Bulky Item Reporting
Franchisee shall submit a weekly report to the City identifying the following:
• Account Number
• Customer Name
• Date of Request
• Date of Service
• Service Address
• Service Description
June 27, 2018 - 32 - City of Hawaiian Gardens: Final Franchise Agreement
4.10 Christmas Tree Pickup
Franchisee agrees to collect Christmas trees at no additional charge to residents for a four (4) week period beginning December 26th of the applicable calendar year.
4.11 Mulch Give-A-Way
Franchisee shall not be required to conduct this program during the first year of service.
However, Franchisee shall be required to conduct no less than two (2) mulch give-a-way opportunities per calendar year beginning on the first anniversary of the effective date of Franchise agreement for city residents and no additional cost. Commercial entities and landscape firms are not subject to this program no cost program.
4.12 Public Outreach Programs
Franchisee shall implement a City-approved Multi-Lingual (English/Spanish/Korean) format: public outreach to coincide with the start of Residential collection services. This public outreach must clearly establish the billing procedures, explain the billing format, clearly describe the customer's responsibilities, and provide a customer service number for the Franchisee. In addition, Franchisee shall establish and maintain the following public educational programs and efforts in Multi-Lingual (English/Spanish/Korean). i. Initial Mailing: At least fifteen (15) days prior to the start of franchise services and collection under this agreement, Franchisee shall prepare and mail to each service recipient an initial mailing explaining the transition from the existing service program to the new program as defined in this Agreement. The initial mailing shall describe changes, route changes (if any), schedule of important program dates, Recycling programs, and other peiiinent information.
ii. Instructional "How-to" Packet: Franchisee shall prepare a "How-to" An infonnation packet shall be provided to each Customer at the staii of service under this Agreement and to each new Customer throughout the Agreement term. This packet shall: describe available services (including available Recycling and Diversion programs and their benefits); provide instructions for proper use of the Carts and Bins provided (such as how to place Carts or other permitted items for Collection and the types of materials to be placed in each Cart); detail holiday Collection schedules; and provide Billing and Customer service telephone numbers. This packet will contain updated information on how to use Containers, when, where and how to place Solid Waste for Collection, and whom to contact with service or Billing questions, and for Bulky Item pickups. The packet should also clearly indicate what materials, such as syringes and other HHW, should not be disposed of in these Containers.
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a. Additionally, beginning on the first anniversary of the effective date of Agreement, Franchisee shall be required to send another brochure including all information as required above, as well as instructions on how Customers should dispose of HHW and Sharps, such as information on the HHW dropJune 27, 2018 - 33 - City of Hawaiian Gardens: Final Franchise Agreement off facilities, Sharps program, and other available programs that are not currently considered "core" services. "Core" services shall include all programs identified in this agreement unless otherwise identified as having a start date beginning on the anniversary of the effective date of the Agreement.
iii. City-Wide Newsletter: Franchisee shall prepare a semi-annual newsletter to be distributed to all single-family, multi-family, and commercial customers in the City. The City-wide newsletter shall be mailed to Franchisee's customers within two months of the anniversary date of this Agreement, and approximately six months thereafter, and shall be subject the review and approval by the City prior to each distribution. The newsletter shall discuss various important topics in waste management, including but not limited to local recycling programs, source reduction opportunities, and important developments in waste management practices that are pertinent to City residents.
1v. Franchisee Website: Franchisee shall develop and maintain an up-to-date website about Franchisee, its services, the parameters of any recycling or source reduction programs administered by Franchisee, and a description of any methods by which customers can contribute to higher levels of recycling and source reduction. v. Bulky Waste Program: Franchisee shall implement that Bulky Waste outreach programs described in Section 4.9 hereof.
v1. Waste Diversion Outreach: Franchisee shall implement those educational efforts regarding Waste Diversion and strategies therefore as described in Section 5, Waste Diversion, hereof.
v11. Billing Changes: Franchisee will implement billing services. Franchisee shall provide/mail all customers a notification within thirty (30) days of the start of the franchise Agreement, infonning each customer the billing schedule and payment procedures. The notices shall be reviewed and approved by the City. v111. Oil Waste: Franchisee shall include public outreach efforts regarding Oil Waste in the semi-annual newsletter.
1x. Billing Inserts: Franchisee shall include any City requested billing insert, at no cost to the City or any customer of the Franchisee, for the term of this Agreement, provided said insert does not increase the Franchisee's cost of postage. x. Corrective Action "Red-Tag" Notice: Contractor shall develop a corrective action notification form, or ''Red-Tag" notice, for use in instances where a Customer sets out inappropriate materials for Collection, that explains the appropriate manner for Disposal of such items
4.12.1 Collection Schedule
• Notice of Residential Collection Schedule: Once annually, Franchisee shall provide written route schedules and maps of the routes to the City's Chief Administrative Officer.
• Changes in Residential Collection Schedule: Any changes in the route schedule shall require the prior written approval of the Chief Administrative Office. City may require changes in the route schedule for, among other things, to improve service or resolve· June 27, 2018 - 34 - City of Hawaiian Gardens: Final Franchise Agreement complaints. Prior to the change of a route schedule, Franchisee shall provide written notice of the change to affected customers thirty (30) days in advance.
4.13 Commercial and Industrial Collections
Contractor shall collect and remove all refuse that is placed in bins at least once per week.
Contractor shall provide 1, 2, 3, 6, 30 and 40 cubic yard bins, depending upon each customer's individual needs. Contractor will also service bins equipped with compaction devices or "compactors" that facilitate those few customers that require large self-enclosed roll-off serviced compactor. Contractor shall process all solid waste collected compactor and roll-off boxes for optimum recovery of recyclable materials prior to landfilling.
Contractor shall provide clean freshly painted Bins and Roll-off Boxes, free from graffiti, equipped with reflectors, and shall have the name and phone number of Contractor in letters not less than three (3) inches high on the exterior of each Bin and/or Box so as to be visible when the Container is placed for use. All Bins and Boxes must be kept graffiti free at all times. Within four ( 4) hours of visible or informed sighting, Contractor shall touch-up or replace any bin or box tagged with graffiti. ·
4.13.1 Frequency of Commercial and Industrial Service
Commercial and Industrial Units shall be provided with a minimum one-time weekly collection.
4.13.2 Commercial and Industrial Collection Locations
Unless expressly instructed by the City, Franchisee shall provide Franchisee Provided Containers only to those Commercial or Industrial Units that provide an appropriate location for such container in accordance with the Municipal Code.
4.13.3 Commercial Recycling
Pursuant to AB 341, Mandatory Commercial Recycling, contractor will offer both singlestream and comingled source separated recycling opportunities to all commercial customers. Any commercial customer wishing to implement an on-site recycling program will be provided the opportunity to add commercial bin or Cart recycling to their service.
Customer may be charged a fee for such service per the Maximum Customer Rates (Attachment B). Proposer shall include a complete narrative of their proposed conunercial recycling program in the Work Plan section of their proposal.
4.13.4 Commercial Organics Recycling
Pursuant to AB 1826, Mandatory Organics Recycling, contractor shall provide organics recycling to all commercial customers. Organics recycling, as defined by AB 1826, includes food waste, wood waste, green waste and food soiled paper. Proposer shall include June 27, 2018 - 35 - City of Hawaiian Gardens: Final Franchise Agreement "'--··
a complete narrative of their proposed Organics Recycling Program in the Work Plan section of their proposal.
4.13.5 Commercial AB 341 and AB 1826 MRF Processing
Commercial properties, meeting the thresholds determined by CalRecycle for Mandatory Recycling, selecting not to implement an on-site AB 314 Mandatory Commercial Program Recycling or an AB 1826 Mandatory Organics Recycling Program, shall have all residue materials processed at a Materials Recovery Facility (MRF). Franchisee shall recover and recycle at least 50% of the collected waste.
Those customers that implement AB 341 and/or AB 1826 recycling through a third-party recycler, must provide evidence to the Contractor and City that their respective program meets the requirements of CalRecycle requirements. Pricing, for the purpose of meeting AB 341 and/or AB 1826 requirements for customers refusing to implement said program, shall be charged a MRF processing and recovery fee pursuant to the Maximum Customer Rates (Attachment B).
4.14 Temporary Bin and Roll-Off Services
Temporary Bin service and temporary Cart services (i.e., a Container delivered to a residential, commercial, or industrial site for the collection and removal of Solid Waste or debris) shall be provided at the frequency and location desired by the customer in accordance with the requirements of the Municipal Code.
4.14.1 Temporary Bin and Roll-Off MRF Processing
Contractor shall provide exclusive permanent and temporary Bin and Roll-off Box Collection service upon request. Contractor shall process all Solid Waste Collected in Bins and Roll-Off Boxes to recover Recyclable Materials prior to landfilling. Contractor will provide standard 3, 10, 20, 30 and 40-cubic-yard standard Bins and Roll-off Boxes. The provision of compactor Roll-off Boxes, which are enclosed Containers attached to a compaction device, is not included in this Agreement. Providing Collection services for such compactor Roll-off Boxes is included. Roll-off Box service shall be billed at a rate inclusive of service and disposal or processing of up to seven (7) tons for standard Roll-off Boxes, up to nine (9) tons for compactor Roll-off Boxes, and up to ten (10) tons for clean dirt Roll-off Boxes. Tonnage above included tons shall be billed at the approved per ton rate based upon actual additional tonnage or fraction thereof. All Bins and Boxes must be kept graffiti free at all times. Within four ( 4) hours of visible or inf01med sighting, Contractor shall touch-up or replace any bin or box tagged with graffiti.
4.15 Free Service to City Facilities
The Franchisee shall collect not less than once per week, at no cost to the City, all Solid Waste, Green Waste and Construction and Demolition Debris from all City Facilities and City-owned public trash receptacles and recycling containers. A listing of such City June 27, 2018 - 36 - City of Hawaiian Gardens: Final Franchise Agreement \_._ ..
Facilities and their reasonably expected service levels are included in Attachment "D" of this Agreement. Any additional events or service requirements requested by City during the term of this Agreement shall be provided at no cost.
4.16 Development Review
Franchisee, upon City's request, shall assist the City in the review of applicants' plans for projects covered by Public Resources Code § 42911, including commercial and multifamily projects, to provide for effective and economical accumulation and collection of Solid Waste, Organic Waste and Recyclable Materials.
4.17 Good Corporate Citizenship
Contractor's commitment to good corporate citizenship as the holder of an exclusive franchise in the City is set forth in Exhibit E.
4.18 Citizen Complaints
The Franchisee shall respond to all complaints within twenty-four (24) hours and shall exercise due diligence to resolve all complaints. The City may, but is not obligated to, respond to complaints that have not been resolved within twenty-four (24) hours and may charge the Franchisee for the actual costs incurred. In connection herewith, Franchisee shall adequately staff its telephone system so that it is capable of handling all calls during peak business hours.
4.18.1 Record of Complaints
Franchisee shall maintain a record of all complaints received by mail, by telephone or in person (including date, name, address of complainant and nature of complaint) for a period of three (3) years. Franchisee will maintain records listing the date of consumer complaints, the customer, describing the nature of the complaint or request, and when and what action was taken by the Franchisee to resolve the complaint.
4.18.2 Disputes
Disputes between the Franchisee and its customers regarding the services provided in accordance with this Agreement may be resolved by the City; provided, however, the City shall not be obligated to resolve any such disputes. The Chief Administrative Officer or his/her designee shall have the ability to direct changes and/or resolution to any matters.
Franchisee has the right to appeal to City Council, and Council by resolution may prescribe the procedures for processing customer complaints. City Council's decision shall be final and binding unless challenged in a court of competent jurisdiction.
4.18.3 Record of Non-Collected Materials
The Franchisee shall notify customers in the event any item left for disposal is not picked June 27, 2018 - 37 ~ City of Hawaiian Gardens: Final Franchise Agreement up. Said notification shall be in writing, state Franchisee's telephone, address, and shall give the reason for non-collection. Reasons for non-collection may include but is not limited to the following: containers inaccessible to Franchisee (after Franchisee has made a reasonable effort to secure access); improper container or use of a non-Franchisee Provided Container; container overfilled; heavy container; or, the container includes Hazardous Waste. The Franchisee shall maintain a record of all items not collected and provide a copy of said record to the Chief Administrative Officer or his or her designee on a monthly basis.
4.18.4 Property Damage Caused by Franchisee
The Franchisee shall be responsible for the cost of repairing any property damaged by the negligent or intentional conduct of its employees or agents.
4.18.5 Quality of Service Surveys
The City requires that the Franchisee provide at its own expense, annually a "quality of service" survey of Franchisee's customers during the term of the Agreement. Prior to finalizing the survey form, the City shall review the survey with the Franchisee. Results of the quality of service survey shall be reviewed with the Franchisee and used to discuss improvements in service delivery. '
4.19 Collection Route Audits
The City reserves the right to conduct audits of Franchisee's collection routes. The Franchisee shall cooperate with the City in connection therewith, including permitting City employees or agents, designated by the City, to follow behind the collection vehicles, and/or to dump the loads from targeted collection routes at a material recovery facility designated by the City, in order to determine waste composition. The Franchisee shall have no responsibility or liability for the salary, wages, benefits or worker compensation claims of any person designated by the City to conduct such audits. The Franchisee will be required to pay the tipping fee at a City designated material recovery facility, for the purposes of a route audit, up to the amount contractually paid by the Contractor at the designated material recovery facility authorized under this Agreement. It will be the City's responsibility to pay any additional tipping fees.
4.20 Curbside Recycling Audits
Franchisee is required to conduct quarterly waste composition audits, at no charge to the City, of the solid waste collected from residents in curbside recycling containers. The purpose of this audit is to establish the materials and their relative percentages by weight, in the residential curbside waste stream. The City and/or its designee shall have the right to be present to oversee the Franchisee while this audit is conducted.
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4.21 "On-Call" Equipment and Personnel
During normal business hours, the Franchisee shall have "on-call" at least one (1) truck to handle called-in pick-ups or missed collections. After normal business hours, the Franchisee shall have "on-call" the necessary manpower and equipment to respond to customer emergencies that are an immediate threat to life or property. Franchisee's on-call equipment and personnel shall also be available to assist the City with debris collection and removal within a reasonable time resulting from emergencies and natural disasters, excepting that nothing in this Section shall require Franchisee to collect, haul or dispose of waste that Franchisee is not permitted to handle.
4.22 Emergency Services
Franchisee shall assist City in the event of terrorist attack or major disaster, such as an earthquake, storm, riot or civil disturbance, by providing collection vehicles and drivers normally assigned to the City, at Contractor's actual costs. Contractor shall cooperate with City, county, state and federal officials in filing information related to a regional, state or federally-declared state of emergency or disaster or terrorist attack as to which Contractor has provided equipment and drivers pursuant to this Agreement.
4.23 Hours of Operation
4.23.1 Residential Hours
Collection services at each Single-Family Residential Unit and Multi-Family Residential Unit shall not start before 6:00 a.m. nor continue after 6:00 p.m. of any day.
4.23.2 Commercial Hours
Collection services at Commercial and Industrial Units shall not start before 6:00 a.m. nor continue after 6:00 p.m. of any day.
4.23.3 Revisions to Hours
City may, from time to time, revise the collection hours specified in this Agreement by duly adopted resolution.
ARTICLE 5: WASTE DIVERSION
5.1 Solid Waste Diversion
AB 939 currently sets the directive of diverting fifty percent (50%) of the City's Solid Waste. If the City fails to implement its required plans to achieve the aforementioned directive under AB 939, the California Integrated Waste Management Board ("Board") may impose administrative civil penalties of up to TEN THOUSAND DOLLARS ($10,000.00) per day until the City implements its plans. The City requires the franchisee June 27, 2018 - 39 - City of Hawaiian Gardens: Final Franchise Agreement to meet or exceed this State mandate by diverting fifty percent (50%) of the solid waste collected under this franchise agreement. Furthermore, City anticipates that the State Legislature will adopt new legislation that will increase the minimum diversion requirement. Upon the effective date of any new legislation that affects the diversion requirements currently imposed by AB 939, Franchisee agrees to implement a revised or new diversion program meeting such amended legislative requirements. Failure to implement an amended Diversion program based upon new State legislation mandating waste diversion levels shall constitute a Material Breach of this Agreement.
5.2 Construction and Demolition Waste Diversion
In addition to meeting the solid waste diversion requirements of Section 5.1 above, City wishes to meet the construction and demolition waste diversion goals, established by SB 1374 (2002) and the current year California Green Building Code recycling requirement, by diverting 75% of construction and demolition waste materials. The Franchisee is required to meet a 75% diversion level for all construction and demolition wastes collected under this Agreement. A failure to reach this diversion goal constitutes a Material Breach of this Agreement and subjects Contractor to the enforcement methods, procedures and penalties of Article 9 of this Agreement.
5.3 Waste-to-Energy Diversion
As directed by the City, Franchisee shall take residue from the processing of refuse to a waste-to-energy facility so that the City receives the maximum allowable diversion or disposal avoidance credit available through CalRecycle or its successor agency.
5.4 SHARPS Diversion
This program shall become effective on the first anniversary of the effective date of this agreement. Franchisee shall provide mail-in containers to residents requesting such containers for the purpose of properly disposing of medical needles or other wastes defined as SHARPS by CalRecycle or its successor agency. This service shall be known as the "SHARPS Program" and will be provided at no cost to the City or its residents. Franchisee shall publicize the SHARPS Program in all semi-annual newsletters and on its website to ensure that City residents are aware of this program and how to participate.
5.5 Maintenance of City AB 939 Programs
The Franchisee shall be responsible to maintain all of the recycling and diversion programs established within and by this Agreement. A failure to maintain the diversion programs established by this agreement, equates to a material breach of this agreement.
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5.6 Franchisee Waste Diversion Responsibilities
5.6.1 Cooperation and Education
The Franchisee shall cooperate with the City's efforts to develop and implement public education and information programs designed to promote Source Reduction, Recycling and other waste reduction activities in general as well as specific Waste Diversion strategies. Franchisee shall have a bi-lingual (English/Spanish/Korean) public education program in place where it will distribute flyers and leaflets to residences of the City (free of charge) pursuant to Section 4 of this Agreement. Additionally, Franchisee will visit schools and make presentations on the proper disposal of waste and the importance of Recycling.
5.6.2 Information/ "How-To" Video
Contractor shall develop, produce and provide for customer viewing, an informative HowTo video at its sole expense. The produced video shall inform residential and commercial customers of program services available, recycling opportunities, and general information on billing and customer service information.
5.7 Implementation of Strategies and Penalties
The Franchisee shall implement the strategies jointly developed and agreed to by the Franchisee and the City. City acknowledges that to meet the mandates of AB 939, additional and significant legislation affecting the disposal of Solid Waste not covered by this Agreement may be required. A failure to perform its obligations under this section, equates to a material breach of this agreement and City shall be entitled to all enforcement actions under this agreement.
Additionally, if Franchisee's failure to perform its obligations under this Agreement results in the imposition of penalties against the City pursuant to any state-mandated program, Franchisee shall reimburse the City for any such fine within thirty (30) days of imposition of such fine or penalty.
5.8 Waste Diversion and Disposal Reporting Requirements The Franchisee shall comply with the Waste Diversion reporting requirements established by the City. Franchisee shall provide City with monthly, quarterly and ammal reports in a form acceptable to the City and adequate to meet City's reporting requirements to CalRecycle on compliance with AB 939, including a breakdown of the tons collected, tons diverted, and tons disposed, by service type prescribed by this Agreement.
Franchisee further agrees to provide program specific data required by the City to meet reporting requirements to any Federal, State, or local entity having the authority to request such data.
June 27, 2018 - 41 - City of Hawaiian Gardens: Final Franchise Agreement Franchisee shall maintain accurate records of all date required to fulfill the requirements of this section. All reports and reporting formats shall be approved by the Chief Administrative Officer or his/her designee. All report submittals shall be in an electronic format approved by City, compatible with City's software at no additional charge.
Monthly reports shall be submitted within thirty (30) days after the end of the reporting month. Quarterly reports shall be submitted within thirty (30) days of the reporting quarter.
Annual reports (for which a date is not otherwise specified in this Agreement) shall be submitted within twenty (20) calendar days after the end of the calendar year, by January 20th.
5.8.1 Quarterly Reports
Quarterly reports shall include, at a minimum:
1. Solid Waste tonnage collected by Franchisee, separated by service sector (Residential, Commercial, Industrial, Construction & Demolition, and Temporary Services. Report will indicate the tons collected, tons processed, tons recycled and the tonnage at the location of final disposition.
11. Tom1age repo1is shall indicate the type of waste collected, (e.g. Refuse, Recycling, Green Waste) dive1ied, and the facilities where the tons were processed or disposed. a. Any and All Certified Weight Tickets must be retained for the entire period of Agreement plus 4 years.
b. If Franchisee utilizes any facility(s) thatdoes not have Certified Scales and/or the ability to print certified weight tickets, Franchisee must have written authorization from the Chief Administrative Officer prior to utilizing said facility(s). Activities contrary to this section constitutes a materials breach. 111. Customer Counts: The number of residents, commercial, industrial, and construction/Demolition accounts serviced
1v. Number of missed pickups and the actions taken to remedy the missed collection v. Warning "Tag" notice report detailing the address, service type, issue/incident of warning tag and resolution
v1. Complete list of each disposal and non-disposal facility utilized for the reporting period
v11. Complaint log for the reporting period per this document viii. Description of all outreach activities conducted by Contractor, with copies of outreach materials
1x. On-Site Technical assistance log, including location address, date, contacted person and discussion notes
x. Number of missed pickups and the actions taken to remedy the missed collection xi. Franchisee recommendations for City
5.8.2 Annual Report
Annual reports shall include, at a minimum, the information otherwise reported monthly and quarterly, including the following:
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1. Number of Containers in service as of the last day of the calendar reporting year. (December 31 st) including the Cart size, Bin Size, frequency, and type of material serviced.
11. Updated route schedules
iii. Vehicle list for each waste sectors; report shall include vehicle type, model year, fuel type, vehicle number and license plate number
5.9 Failure to Meet Diversion Requirement
Should Franchisee fail to divert the required amount of the City's Solid Waste, as described in this Agreement, this shall be considered a Material Breach and subject Contractor to the enforcement methods, procedures and penalties of Article 9 of this Agreement.
5.10 Recycling Program
5.10.1 Recycling Containers
Franchisee shall conduct a single stream commingled collection of Recyclable Materials.
One 96-gallon Franchisee provided Cart shall be used at each Residential Unit receiving curbside service for collection of commingled Recyclable Materials ("Recyclable Container"). Every Recyclable Container shall be clearly labeled. Residential Units shall place all Recyclable Materials within such Recyclable Containers as directed by the Franchisee; to this end, concurrent with Franchisee's delivery of a Recyclable Container to any Residential Unit, Franchisee shall provide instructions on the use of the Recyclable Container. Franchisee shall, at no charge, replace any Franchisee Provided Containers which become unusable by reason of normal conditions of wear and tear.
5.10.2 Ownership of Solid Waste and Recyclable Materials Except as otherwise provided by law, once Solid Waste, Refuse, Recyclable Materials and/or Green Waste have been collected by Franchisee, ownership transfers to Franchisee, Franchisee is hereby granted the right to retain, recycle, compost, dispose of and otherwise use such waste, or any part thereof, in any lawful fashion or for any lawful purpose desired by Franchisee. Subject to the provisions of this Agreement and excepting any material which a waste material is not, and which was inadvertently discarded, Franchisee shall have the right to retain any benefit or profit resulting from its right to retain, recycle, compost, dispose of or use the refuse which it collects. Solid Waste and any other material which is disposed of at a Disposal Site or sites (whether landfill, transformation facility, transfer station or material recovery facility) shall, as between the City and Franchisee, remain the responsibility of the Franchisee, and Franchisee shall retain ownership of the same.
5.10.3 Recycling Frequency
Franchisee shall collect Recyclable Materials from Residential Units once each week from Franchisee Provided Containers. Franchisee shall collect Recyclable Materials from MultiJune 27, 2018 - 43 - City of Hawaiian Gardens: Final Franchise Agreement Family Residential Units, Commercial and Industrial Units at a reasonable frequency to be determined by the Franchisee.
5.10.4 Residential Recycling Location
Franchisee shall collect Recyclable Materials set out in Recyclable Containers by Residential Units or City-designated Multi-Family Units from the curb or other Franchiseeapproved location.
5.10.5 Recycling Revenue
Franchisee shall be entitled to all revenue produced from the sale of Recyclable Materials collected, salvaged or purchased by Franchisee. Furthermore, Recycling Revenues are not considered gross receipts subject to City Franchise Fee.
5.10.6 Franchisee as Authorized Recycling Agent
City hereby designates Franchisee as its authorized recycling agent for the purposes of conducting recycling activities within the City pursuant to the terms of Public Resources Code Section 40105. Notwithstanding the foregoing, Franchisee at all times, shall be and remain independent from the City.
ARTICLE 6: VEHICLES, EQUIPMENT AND PERSONNEL
6.1 Vehicles
6.1.1 General
During the first thirty (30) days of the Agreement Term, Franchisee shall provide evidence that it has purchased and put in service a fleet of used clean-air collection vehicles sufficient in number and capacity to perform efficiently the work required by this Agreement in strict accordance with its terms. Franchisee, during the first twelve (12) months of the Agreement, may operate with used clean-air collection vehicles no older than seven years of age. If the fleet is composed of used vehicles, they shall be no older than eight (8) years of age at any time during years two (2) through ten (10) of the Agreement. Collection vehicles must meet all applicable local, state, and federal air quality laws, rules, and regulations, including, but not limited to, South Coast Air Quality Management District Rule 1193 relating to alternative fueled trash collection equipment.
Additionally, during the first year of the Term of this Agreement, Franchisee shall provide evidence of a purchase order for a fleet of new clean-air collection vehicles sufficient in number and capacity to perform efficiently the work required by this Agreement in strict accordance with its terms. The delivery of new vehicles must be on or before the thirteenth (13) month of this Agreement. Any failure to perform completely under this section will be considered a Material Breach and subject Contractor to the enforcement methods, procedures and penalties of Article 9 of this Agreement.
June 27, 2018 - 44 - City of Hawaiian Gardens: Final Franchise Agreement
6.1.2 Truck Bodies
All truck bodies used by Franchisee shall be constructed of metal, shall be wate1iight and leak-proof, and shall be so constructed as to prevent odors or the falling, leaking or spilling of Solid Waste, Recyclables, or other materials. Each vehicle shall carry at all times a broom and shovel to be used for the immediate removal of any spilled material. Each vehicle shall also carry a fire extinguisher and first aid kit.
6.1.3 Backup Alarm
Each vehicle used for collecting, hauling or disposing of Solid Waste or Recyclables shall be equipped with an audible warning device that is activated when the vehicle is backing up.
6.1.4 Gross Vehicle-Weight Limit
No vehicle used for collecting, hauling or disposing of Solid Waste or Recyclables shall be loaded in excess of the manufacturer's gross vehicle weight rating or in excess of the maximum weight specified by the California Vehicle Code, whichever is less. Evidence of the manufacturer's name and gross vehicle weight rating shall be maintained in, or upon, every vehicle.
6.1.5 Vehicle Identification
All vehicles used in the performance of this Agreement shall bear the Franchisee's name, phone number and vehicle number in minimum lettering of three (3) inches. Contractor shall have a vehicle billboard on at least one side with frames capable of securing signs measuring 29 3/16 inches by 93 3/16 inches or other dimensions approved by City.
Franchisee shall prepare and install signs promoting Recycling and Diversion with text and graphics approved by City.
6.1.6 Residential Service Vehicles
Vehicles used for Residential collection services shall be fully automated side-loading refuse trucks, using a fully mechanized arm to pick up and dump automated waste collection containers. Drivers shall not be required to exit the vehicle to assist with securing the containers to, or lifting the containers into, the refuse collection truck.
6.1. 7 Alternative Fuel Vehicles
The Franchisee shall use alternative fuel vehicles per the terms of Section 6.1 of this agreement, and as approved by the South Coast Air Quality Management District for all collection services. Vehicles shall meet all requirements specified per AQMD Rule 1193 as it may be amended from time to time.
June 27, 2018 - 45 - City of Hawaiian Gardens: Final Franchise Agreement \_, ..
Franchisee and its employees shall comply with the terms of all contracts between the Los Angeles County Sanitation District and any Disposal Site that is used by Franchisee.
6.4.7 Safety
All work performed pursuant to this Agreement shall be performed in a manner that provides safety to the public and meets or exceeds safety standards outlined by the California Construction Safety Orders under the State of California Code of Regulations ("CAL-OSHA"). City reserves the right to issue restraint or cease and desist orders to Franchisee when unsafe or harmful acts are observed or reported to City. Franchisee shall instruct its employees to report immediately any hazardous conditions or Hazardous Wastes they observe within the City during the course of their work to the City.
6.4.8 No Gratuities
Franchisee shall not permit its employees to demand or solicit, directly or indirectly, any additional compensation or gratuity from members of the public for the work performed by those employees pursuant to this Agreement.
ARTICLE 7: FRANCHISEE'S COMPENSATION
7 .1 Maximum Rate Schedule
In Attachment B, which is incorporated herein by this reference ("Maximum Rate Schedule"), the City has approved the maximum service rates which may be charged by Franchisee to its customers in the City. The Maximum Rate Schedule will become effective on Franchise effective start date. Franchisee shall not receive any other fees or compensation for the services to be performed pursuant to this Agreement in excess of those provided in the Maximum Rate. But, under no circumstance shall Franchisee be permitted to adjust any rate proposed in their submitted Proposal during the first two years of services.
7.2 Rate Composition
During the Term of this Agreement, all franchise rates will be divided into two rate components: "Collection" and "Disposal". Each component breakdown must be disclosed to the City with the initial rates for this Agreement and as part of any subsequent request for rate increase by the Franchisee. Such collection components are not required to be listed in franchise rate sheets or included on billings to the Franchisee's customers.
7.3 Adjustments to Maximum Rate Schedule
7.3.1 General
Franchisee shall be entitled to rate adjustment on July 1, 2020 and annually thereafter, per the requirements of the Maximum Rate Schedule as identified in Attachment B and June 27, 2018 - 49 - City of Hawaiian Gardens: Final Franchise Agreement \_ ..
Sections 7.3.2 and 7.3.3 below. The Maximum Permissible Rates may be adjusted as identified in Attachment B and per the requirements of this Section. A rate increase shall be subject to compliance with Proposition 218 as provided in Section 7.4.
7.3.2 Adjustment to Collection Component of Rates
Subject to adoption in accordance with Proposition 218, the "Collection Component" of rates shall be adjusted to reflect 90% of the "Percentage Change in CPI". "Percentage Change in CPI" shall niean the percentage change in the All Urban Customers, Los Angeles, Riverside, Orange County index, for the previous 12-Month period ending in September.
7.3.3 Adjustment to Disposal Component of Rates
Subject to adoption in accordance with Proposition 218, the "Disposal Component" of rates shall be adjusted only for increased costs to the Franchisee from landfill, transfer, Materials Recovery Facility (MRF) and/or transformation facility tip fee adjustments. For the rate adjustment period under review, the Franchisee is responsible for submitting substantiation of any such cost increases for City review. Should the City determine that any fee adjustments presented by the Franchisee are 5% or more greater that those charged to any jurisdiction within five (5) miles of the City of Hawaiian Gardens, City shall have the right to solicit bids from other landfill(s), transfer, or transformation facilities and to require the Franchisee to utilize said facility and/or incorporate said facility rate into the Disposal Component adjustment of franchise rates.
7.3.4 Extraordinary Rate Increase
There shall be no Extraordinary Rate increases during the entire term of this agreement.
An Extraordinary rate increase shall be considered "extraordinary" if the request is: over the allowable adjustment percentage/formula as stated in this section, and/or Attachment B.
7.4 Proposition 218 Process for Adjustments to Maximum Rate Schedule
7.4.1 Compliance with Proposition 218 Required
Further adjustments and/or increases to the Maximum Rate Schedule in addition to those identified in Section 7.3, above, are strictly subject to the assent of the City and compliance with Proposition 218. To this end, the City will only approve, and process proposed adjustments to service rates applicable to Residential Units if such proposed adjustments are consistent with the agreed-upon methodology established in Section 7.3. More generally, City intends to comply with all applicable laws, including without limitation Proposition 218, concerning the setting of adjustments to the Maximum Rate Schedule under this Agreement.
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7.4.2 Indemnification
Franchisee shall indemnify, defend and hold harmless the City, their officers, employees, agents and volunteers, (collectively, indemnitees) from and against all claims, damages, injuries, losses, costs, including demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest fines, charges, penalties and expenses (including attorneys' and expert witness fees, expenditures for investigation, and administration) and costs or losses of any kind whatsoever paid, imposed upon, endured or suffered by or assessed against Franchisee or any of the indemnitees resulting in any form from the City's establishing maximum rates for service under this Agreement or in connection with the application of California Constitution Article XIIIC and Article XIIID to the imposition, payment or collection of rates and fees for services provided by Franchisee under this Agreement. Notwithstanding the foregoing, this indemnity shall not extend to any portion of the rates that is not associated with Franchisee's costs in providing service, such as governmental fees, franchise fees or charges, nor shall it apply to any loss arising directly from the negligence of City, its officers and employees. Nothing herein is intended to imply that California Constitution Articles XIIIC or XIIID, apply to the setting of rates for the services provided under this Agreement, rather this Section is provided merely to allocate risk of loss as between the Parties.
7.4.3 Pass-Through of Proposition 218 Compliance Costs
Franchisee shall pay for all costs of Proposition 218 compliance, including but not limited to the costs of Proposition 218 notices and hearings. Franchisee may, if permitted by law, pass its actual costs of Proposition 218 compliance on to customers through service rates if and only if, such pass-through is duly noticed and included as part of the service rates adopted through a Proposition 218 process.
7.4.4 Notice of Increases
Franchisee shall give thirty (30) days prior written notice of any duly-adopted rate increases to all customers of the increase before such increase may become effective.
7.4.5 City Not Obligated to Approve Increase
Except as provided in Section 7.3, City has no legal obligation to accept Maximum Rate Schedule adjustments proposed by Franchisee. In no case will City's failure to approve any specific Maximum Rate Schedule adjustment other than those called for in Section 7.3 be a default hereunder, and City bears no liability to Franchisee for any damages suffered by Franchisee as a result of the failure to pass new Maximum Rate Schedules or adjustments thereto. Accordingly, the City Council is completely free within its police powers to exercise its discretion in considering such matters, and the City has not contracted away any of its police powers or duties to protect the public health, safety or general welfare of its citizens pursuant to State and Federal law.
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7.5 Billing
Franchisee shall be responsible for all billing and collection concerning placement of delinquent accounts on the tax rolls. Notice of billing procedures shall be given to all customers pursuant to Section 7 and 8 above, and annually thereafter. Franchisee shall have procedures for on-line payment; payment by credit card, and similar customer services.
Franchisee shall provide itemized bills, clearly showing charges for all classifications of services, including any charges for late payment. Multi-Family Residential Units, Commercial and Industrial Unit accounts receiving collection services from Franchisee shall be billed by the Franchisee at the end of the month in which service is provided.
Single Family Residential Unit accounts receiving collection services from Franchisee may be billed by the Franchisee quarterly as follows: For the quarter in which services are rendered, Franchisee shall bill thirty (30) days into the quarter, and the bill shall be due sixty (60) days thereafter at the end of that quarter. Franchisee shall meet with City to make specific arrangements for commencement of billing.
7.6 Delinquent Accounts
7.6.1 Residential Units
Franchisee shall provide at least three (3) monthly, written notices of delinquency/past-due account status to the occupants of any Residential Unit with a delinquent account and Franchisee shall otherwise make diligent efforts to resolve said account delinquencies, including but not limited to the reasonable use of a collection agency. Further, Franchisee shall be entitled to collect late charges at the rate of 1.5% per month and, in addition, to charge a reasonable rate for the redelivery of Franchisee Provided Containers. If, after Franchisee's exercise of diligent efforts to collect a delinquent account, a Residential Unit remains delinquent, Franchisee shall have the right (without obligation) to request placement of the delinquent account onto City tax rolls. Said right to place delinquent accounts onto City tax rolls shall occur no more than once-per-year at a time, and in a manner, coordinated with the City's regular processing of tax liens.
7.6.2 Industrial and Multi-Family Residential Unit Accounts City may permit Franchisee to discontinue service to Commercial, Industrial, and MultiFamily Residential Units whose accounts are more than ninety (90) days past due.
Franchisee shall be entitled to collect late charges at the rate of one and one-half percent (1 ½%) per month and, in addition, to charge a reasonable rate for the redelivery of Franchisee Provided Containers. These delinquent accounts may also be placed on tax rolls.
7.7 No Waiver of City Remedies to Address Public Nuisance Should Franchisee terminate service to any customer in the City, nothing herein waives or supersedes the City's rights to initiate code enforcement action(s) in response to the buildJune 27, 2018 - 52 - City of Hawaiian Gardens: Final Franchise Agreement \___, \___ .. ·
up, long-term stagnation, or misplacement of Solid Waste as a result of said termination of Franchisee's service. In addition, the City and Franchisee shall, at the option of either party, meet and confer in good faith to resolve any matters of public nuisance or Solid Waste build-up that resulted from a tennination of service by Franchisee.
ARTICLE 8: ACCOUNTING AND RECORDS
8.1 Financial Statements
City's Chief Administrative Officer may elect to review Franchisee's annual financial statements. Franchisee shall have financial statements ammally prepared. Within thirty (30) days of a City request, Franchisee shall allow the Chief Administrative Officer, his/her designee and/ or an auditor selected by the City to review copies of the financial statements at the Franchisee's local office or other such mutually-agreeable premises of Franchisee.
City and Franchisee agree to use reasonable efforts to protect the confidential nature of the Franchisee's financial statements.
8.2 Inspection and Retention of Franchisee's Accounts and Records Franchisee's records of customer complaints, AB 939 compliance records, maps, billing records, gross income, franchise fee payments, curbside recycling payments, and customer payment histories shall be available at the Franchisee's principal local office as set forth in this agreement at any time during regular business hours for inspection on thirty (30) days' notice, and/or performance of financial review of Franchisee's records by the City or its duly authorized representative in accordance with the Agreed Upon Procedures ("Audit" and is associated with standard audit procedures), for a period of five (5) years following the close of the Franchisee's fiscal year.
Franchisee shall provide City with a copy of any requested record at no cost to City.
Nothing in this Agreement shall interfere with any legal requirement that such records be kept for a longer period of time.
Franchisee shall not destroy or discard any records pertaining to this Agreement without the Approval of the City or without first giving notice to City and affording City the opportunity to copy such records at City's expense. Franchisee shall keep all records related to this Agreement on file for a period of five (5) years past the termination or expiration of this Agreement.
8.3 Cost of Agreed Upon Procedures
The cost of the annual Agreed Upon Procedure ("Audit") of Franchisee's books and records is compensated through the Performance Audit Program Fee paid ammally to the City by the Franchisee. This Performance Audit Program Fee is also payment for reasonably expected City costs to review Franchisee's request for an increase in rates under the Maximum Rate Schedule. Should the City's performance of an Agreed Upon Procedure disclose that a requested rate increase contains any inaccurate data or cost claims that are June 27, 2018 - 53 - City of Hawaiian Gardens: Final Franchise Agreement \_ __ .. ·
not properly substantiated, the Franchisee will be responsible to reimburse the City for all costs incurred to c01Tect data submissions or substantiate cost claims.
8.4 Audit Findings: Payments and Refunds
Should the performance of an Audit by the City, disclose that any City fee payable by the Franchisee was underpaid or that customers were overcharged for the period under review, Franchisee shall pay to City any underpayments and/or refund to Franchisee's customers any overcharges within 15 days of a City issued notice. Should the performance of an Agreed Upon Procedure by the City disclose that any City Fees were overpaid, City shall promptly refund to Franchisee the amount of the overpayment. Should the Audit identify a discrepancy of three per cent (3%) or more in underpayment by Contractor,Contractor shall, upon notice, make the appropriate payment to City plus 1.5% interest per month.
ARTICLE 9: ENFORCEMENT OF AGREEMENT
9.1 City Right to Terminate
After engaging in the procedures set forth in Sections 9.2 - 9.6, the City shall have the right to terminate Franchisee's franchise and this Agreement upon Franchisee's breach of any of its material obligations under this Agreement. The City's right to terminate shall be in addition to any other remedy provided in this Agreement or provided by law and shall include, but not be limited to, any of the events of default set forth in this Section 9 .1. Notwithstanding the foregoing, the following specific events of default by Franchisee may at the City's discretion result in immediate termination of the franchise without compliance with Sections 9.2 - 9.6 of this Agreement:
1. If Franchisee practices, or attempts to practice, any willful fraud or deceit upon the City. Both parties agree and understand that any failure to disclose information material to the performance of this Agreement shall constitute a breach.
11. Should the Franchisee or any of its officers, directors, shareholders, subsidiaries, affiliates, employees or agents be or have been found guilty of felonious conduct related to this franchise agreement, illegal transport or disposal of Hazardous Waste, or bribery of public officials, the City reserves the unilateral right to terminate this Agreement or to impose such other sanctions (which may include financial sanctions, temporary suspensions, or any other condition deemed appropriate short of termination) as it shall deem proper. The term "found guilty" shall be deemed to include any judicial determination of guilt including, but not limited to, pleas of "guilty", "nole contendere", "no contest", or "guilty to a lesser charge" entered as part of a plea bargain.
iii. If Franchisee willfully violates any orders or rulings of any regulatory body having jurisdiction over Franchisee, provided that Franchisee may reasonably contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred iv. If Franchisee fails to make any payments or to pay any penalties required to be made or paid by Franchisee pursuant to this Agreement
June 27, 2018 - 54 - City of Hawaiian Gardens: Final Franchise Agreement v. If Franchisee for any reason ceases to provide Solid Waste management services as required under this Agreement over all or a substantial portion of its franchise area for a period of thirty (30) days
vi. If Franchisee is found by any judicial or regulatory body to have violated the terms, conditions or requirements of the Municipal Code or AB 939 or successor legislation, as they may be amended from time to time, or violates any order, directive, rule or regulation issued pursuant to the foregoing legislation, where the violation is not remedied within the time set in the written notice of the violation vii. If Franchisee refuses to provide City with required information, reports, or test results in a timely maimer as required by this Agreement
9.2 Rights of Non-Defaulting Party after Default
The Parties acknowledge that both Parties shall have hereunder all legal and equitable remedies as provided by law following the occurrence of a default or to enforce any covenant or agreement herein.
9.3 Notice of Default and Opportunity to Cure
In order to declare a default under this agreement, a Non-Defaulting Party shall comply with the procedures hereinafter set forth for any failure or breach of the other Party ("Defaulting Party") in its performance of a material duty or obligation of said Defaulting Party under the terms of this Agreement. The Non-Defaulting Party must provide written notice to the Defaulting Party setting forth the nature of the breach or failure and the actions, if any, required by Defaulting Party to cure such breach or failure ("Default Notice"). The Defaulting Party shall be deei:ned in "default" under this Agreement, where:
(i) said breach or failure can be cured, but the Defaulting Party has failed to fully cure within thirty (30) days after the date of the Default Notice (subject to the provisions below), or (ii) a monetary default remains uncured for ten (10) days ( or such lesser time as may be specifically provided in this Agreement).
After receiving a Default Notice, should the Defaulting Party fail to timely cure any default, the Non-Defaulting party may, in its discretion, provide the Defaulting Party with a written notice of intent to terminate the Agreement ("Termination Notice"). The Termination Notice shall state that the Non-Defaulting Party shall have the right to terminate this entire Agreement and shall be subject to the hearing opportunity (if the defaulting party is the Franchisee) set forth in Section 9.6 and for all Parties to comply with the Notice requirements set forth in Section 12.4.
9.4 Penalty for Monetary Default
In the event Franchisee fails to perfonn any monetary obligation under this Agreement, Franchisee shall pay a pre-determined penalty thereon at the rate of one and a half percent (1.5%) per month, or any fraction of a month, from and after the due date of said monetary obligation until payment is actually received by City.
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9.5 Non-Monetary Defaults; Longer Cure Period
The Defaulting Party on a non-monetary default shall not be deemed in breach of this Agreement, and such default shall be waived, if such non-monetary default cannot reasonably be cured within the above-prescribed thirty-day period, and as long as the Defaulting Party does each of the following:
i. Notifies the Non-Defaulting Party in writing with a reasonable explanation as to the reasons the asserted default is not curable within the thirty (30) day period
11. Notifies the Non-Defaulting Party of the Defaulting Party's proposed cause of action to cure the default
111. Promptly commences to cure the default within the thirty (30) day period 1v. Makes periodic reports to the Non-Defaulting Party as to the progress of the program of cure
v. Diligently prosecutes such cure to completion
9.6 Franchisee Hearing Opportunity Prior to Termination If Franchisee is the Defaulting Pariy, then the City's Default_ Notice to Franchisee shall additionally specify that Franchisee has the right to a hearing prior to the City's termination of any Agreements ("Termination Hearing"). The Termination Hearing shall be scheduled as an open public hearing item at a regularly-scheduled City Council meeting within thirty (30) days of the Termination Notice, subject to any legal requirements including but not limited to the Ralph M. Brown Act, Government Code Sections 54950-54963. At said Termination Hearing, Franchisee shall have the right to present evidence to demonstrate that it is not in default and to rebut any evidence presented in favor of termination. Based upon substantial evidence presented at the Termination Hearing, the Council may, by adopted resolution, act as follows:
1. Decide to terminate this Agreement
11. Determine that Franchisee is innocent of a default and, accordingly, dismiss the Termination Notice and any charges of default
111. Impose conditions on a finding of default and a time for cure, such that Franchisee's fulfillment of said conditions will waive or cure any default. Findings of a default or a conditional default must be based upon substantial evidence supporting the following two findings:
a. That a default in fact occurred and has continued to exist without timely cure
b. That such default has, or will, cause a material breach of this Agreement and/or a substantial negative impact upon public health, safety and welfare, the environment, the City or the financial terms established in this Agreement
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9.7 City's Right to Perform Service
9.7.1 City Rights
In addition to any and all other legal or equitable remedies, in the event that Franchisee, for any reason whatsoever, fails, refuses or is unable to collect, transport or deliver to a Disposal Site, as appropriate, any or all Solid Waste or Recyclables which it is required by this Agreement to collect and transport, at the time and in the manner provided in this Agreement, for a period of more than five (5) days, and if, as a result thereof, Solid Waste should accumulate in the City to such an extent, in such a manner, or for such a time that the Chief Administrative Officer in his or her sole discretion should find that such accumulation endangers or menaces the public health, safety or welfare of any resident or business, then the Chief Administrative Officer shall have the sole right, but not the obligation, to require Franchisee to perform said services at no cost to the City. The Chief Administrative Officer may:
1. Cause to be performed, such services itself with its own personnel or employ Franchisee's personnel, without liability to Franchisee ii. To take possession of any or all of Franchisee's equipment and other property used or useful in the collection and transportation of Solid Waste and to use such property at the expense of Franchisee to collect and transport any Solid Waste which Franchisee would otherwise be obligated to collect and transport pursuant to this Agreement
9.7.2 Franchisee and City Responsibilities
Franchisee further agrees that in such event:
1. It will fully cooperate with City to affect the transfer of possession or property to the City for City's use
11. It will, if the Chief Administrative Officer so requests, and to the extent feasible, keep in good repair and condition all of such property, provide all motor vehicles with fuel, oil and other service, and provide such other service as may be necessary to maintain said property in operational condition
111. The City or its designee may elect to take complete possession of franchisees equipment and/or facilities for proper and normal use in order to continue normal collection services until another franchisee can take over complete operations of Franchise as identified in this agreement.
9.7.3 Franchise Waivers
Franchisee agrees that the City's exercise of its rights under this Article 9:
1. Does not constitute a taldng of private property for which compensation must be paid, but is rather an exercise of the City's police power June 27, 2018 - 57 - City of Hawaiian Gardens: Final Franchise Agreement
11. Will not create any liability on the part of City to Franchisee, including but not limited to, any right to compensation for use of Franchisee's equipment 111. Does not exempt Franchisee from the indemnity provisions of Section 11, which are meant to extend to circumstances arising under this Section, provided that Franchisee is not required to indemnify City against claims and damages arising from the sole negligence of City, its officers, employees, agents, or volunteers acting under this agreement
1v. Does not terminate this Agreement, unless termination occurs under other provisions of this Agreement
9.8 City's Right to Lease Franchisee's Equipment Following Termination If City terminates this Agreement for cause, the City shall have the right to lease Franchisee's equipment from Franchisee at its fair market value for a period not to exceed six ( 6) months in order to allow City to perform the services required under this Agreement.
9.9 Cooperation Following Termination
At the end of the Term or Franchise Term or in the event this Agreement is terminated for cause prior to the end of the Term or Franchise Term, Franchisee shall cooperate fully with City and any subsequent contractor to assure a smooth transition of Solid Waste management services. Franchisee's cooperation shall include, but not be limited to, providing operating records needed to service all properties covered by this Agreement.
9.10 Duration of City's Possession
City has no obligation to maintain possession of Franchisee's property and/or continue its use in collecting and transporting Solid Waste for any period of time and may, at any time, in its sole discretion, relinquish possession to the Franchisee. Should the City desire to retain possession of Franchisee's property, the City's right to retain temporary possession, and to provide Solid Waste collection services, shall continue until Franchisee can demonstrate to the Chief Administrative Officer's reasonable satisfaction that it is ready, willing and able to resume such services.
9.11 Forfeiture of Performance Bond.
In the event Franchisee shall for any reason become unable to or fail in any way to, as solely determined by the Chief Administrative Officer, perform as required by this Agreement, after engaging in the procedures set forth in Sections 9.2 - 9.6, City may declare that portion of the Perfonnance Bond established pursuant to Section 11, which is necessary to compensate and make whole the City, forfeited to the City. Upon partial forfeiture of the performance bond, Franchisee shall promptly take all steps necessary to restore the performance bond to its face amount.
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9.12.1 Liquidated Damages
The provision of poor public service or the production of any nuisance condition will subject Franchisee to administrative procedures, potential liquidated damages and, ultimately, tem1ination, for severe and repeated violations.
9.12.2 Complaints
Public complaints (whether received by the City regarding Franchisee's performance or received directly by Franchisee) will be handled as prescribed in Section 4.17 and 4.2 hereof.
9.12.3 Nuisance Conditions
Repeated, substantiated complaints of, or continued conditions of, poor service quality and/or nuisance conditions may be handled in the manner prescribed below. For purposes of this Section, the term "nuisance conditions" shall mean the following breaches of Agreement:
1. Failure to duly collect Solid Waste or Recyclables that have been properly set-out for collection through the willful or negligent conduct of Franchisee employees
11. Uncured damage to the property of third parties or customers through the willful or negligent conduct of Franchisee employees
iii. Failure to perform service surveys and route audits as required by Section 4.17 .5 and 4.18, respectively.
1v. Unreasonable leakage or spillage of Solid Waste or other collected materials from Franchisee's vehicles
v. Failure to immediately or promptly collect Solid Waste or other materials that spilled or fell from Franchisee's vehicles onto public streets or third-party property vi. Poor maintenance of Franchisee's vehicles in violation of Section 6 hereof v11. Violations of personnel standards and qualifications in contravention of Section 6 hereof
9.11.4 Notice of Violation
Initially, when the Public Works Director or a designated enforcement officer observes a violation, a verbal warning shall be given to the Franchisee.
9.12.5 Franchisee's Right to Contest
Within five (5) business days after receiving the Notice of Violation, Franchisee may submit a written response (the "Response") to the Notice of Violation to the Public Works Director. The Director shall review Franchisee's Response and may further investigate the claimed violation. The Director shall make a final determination regarding the Notice of Violation and the Public Works Director shall deliver to Franchisee a written conclusion concerning the Notice of Violation. Additionally, at the election of either Party, the Parties may meet to develop a written corrective action plan ("Correction Plan") to prevent further June 27, 2018 - 59 - City of Hawaiian Gardens: Final Franchise Agreement occurrence of the problematic conditions established in the Notice of Violation. The Correction Plan shall be finally prepared by the City (or, at the election of the City, by Franchisee) within ten (10) business days after the meeting between the Director and/or City Manager designee and Franchisee. The Correction Plan may include additional procedures, as deemed necessary by the Public Works Director and/or City Manager designee, to assure that in the future Franchisee will be able to perform its services in compliance with this Agreement.
9.12.6 Liquidated Damages
If a second Notice of Violation is issued for any violation after an initial verbal warning and thereafter the issuance of a written Notice of Violation that is not withdrawn pursuant to Subsections 9 .13 .3 or 9 .13 .4 above, then liquidated damages may thereafter be assessed against Franchisee (as liquidated damages and not a penalty) by the Public Works Director and/or City Manager designee in the amount of $250 for every day the condition persists.
Fmiher, if the violation for which liquidated damages were assessed recurs on three (3) or more days within a 60-day period following any assessment of liquidated damages, then starting on the fowih ( 4th) day that such violation either persists or recurs the amount of liquidated damages shall increase to $500 per day.
9.12.7 Basis for Liquidated Damages
The Parties fu1iher recognize that if Franchisee repeatedly fails to prevent and remediate nuisance conditions, the City and its residents will suffer damages and that it is and will be impractical and extremely difficult to asce1iain and determine the exact amount of damages which City and its citizens will suffer. Therefore, the Parties agree that the liquidated damages established herein represent a reasonable estimate of the amount of such damages for such specific violations, considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to City that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or impractical. In placing their initials at the places provided, each Party specifically confirms the accuracy of the statements made above and the fact that each Party has had ample opportunity to consult wit legal counsel and obtain an explanation of these liquidated damage provisi~ to entering this Agreem
Franchisee's Initials ~ City Initials -l,,'f--l-'>d---
9.12.8 Further Remedies for Severe or Persistent Violations The above provisions for a Correction Plan procedure and liquidated damages are intended to give the Parties a remedy under this Agreement short of termination or default; however, should Franchisee's violations be severe and repetitive or otherwise not reasonably subject to correction through liquidated damages, the Public Works Director may, in his/her sole discretion, institute the procedures set f01ih in this A1iicle hereof.
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9.12.9 City's Remedies for Franchisee's Failure to Meet Standards i. Performance Bond: The Performance Bond shall guarantee Franchisee's faithful performance of waste hauling services under the auspices of this Agreement, including without limitation, payment of any penalty and the funding of any work to cure a breach of this Agreement. If City, at its sole discretion, determines that Franchisee has breached any portion of this Agreement, it shall notify Franchisee per notice requirements in section 12.4 and after engaging in the procedures set forth in Sections 9.2 to 9.6 and may thereafter collect on the Performance Bond provided by Franchisee. After terminating the Agreement pursuant to the procedures set forth in Sections 9.2 to 9.6, City shall be entitled to seek a new Contractor to replace Franchisee and all performance duties identified under this agreement. This bond serves to cover the cost of these immediate and necessary services, and City shall be entitled to collect on the one million dollar ($1,000,000) Performance Bond posted by Franchisee.
9.13 No Waiver of City's Police Powers or Legal Rights
Nothing in this Agreement is-intended to limit the power and ability of the City or any Local Enforcement Agency (LEA) to initiate administrative and/or judicial proceedings for the abatement of nuisance conditions or violations of any applicable law. Nothing herein shall waive or limit any other legal rights or recourses the City may have in response to Franchisee's repeated, material violations of Performance Standards or failure to mitigate nuisance conditions.
ARTICLE 10: TRANSFERS OF INTEREST
10.1 Restrictions on Transfers
The City, in entering into this Agreement, has placed a special value, faith and confidence in the experience, background, and expertise of the Franchisee in the field of waste and recycling collection. Therefore, City denies any attempted Transfer of Interest from the Franchisee, Commercial Waste Services, Inc., to another party during the term of this agreement, without prior written consent from City Council.
10.2 Definition of Transfer
As used in this Section, the term "Transfer" shall include any hypothecation, mortgage, pledge, or encumbrance of this Agreement by Franchisee. A Transfer shall also include the transfer to any person or group of persons acting in concert of more than thi1iy percent (30%) of the present equity ownership and/or more than thirty percent (30%) of the voting control of Franchisee Gointly and severally referred to herein as the "Trigger Percentages"), taking all transfers into account on a cumulative basis, except transfers of such ownership or control interest to an affiliate owned or controlled by the present beneficial owners of Franchisee or members of their immediate family, or between members of the same immediate family, or transfers to a trust, testamentary or otherwise, in which the June 27, 2018 - 61 - City of Hawaiian Gardens: Final Franchise Agreement beneficiaries are limited to members of the transferor's immediate family. A transfer of interests (on a cumulative basis) in the equity ownership and/or voting control of Franchisee in amounts less than Trigger Percentages shall not constitute a Transfer subject to the restrictions set forth herein. In the event Franchisee or its successor is a corporation or trust, such Transfer shall refer to the transfer of the issued and outstanding capital stock of Franchisee, or of beneficial interests of such trust; in the event that Franchisee or any general partner comprising Franchisee is a limited or general partnership or a limited liability company, such Transfer shall refer to the transfer of more than the Trigger Percentages in the limited or general partnership or limited liability company interest; in the event that Franchisee or any general partner is a joint venture, such Transfer shall refer to the transfer of more than the Trigger Percentages of such joint venture partner, taking all transfers into account on a cumulative basis.
10.3 Heirs and Successors
The terms, covenants and conditions of this Agreement shall apply to and shall bind the heirs, successors, executors, administrators, and assigns of the Franchisee and City.
10.4 Exceptions
The requirement to obtain City approval for a Transfer shall not apply to any of the following:
1. Any mortgage, deed of trust, sale/lease-back, or other form of conveyance for financing and any resulting foreclosure therefrom
11. A sale or transfer resulting from or in connection with a reorganization as contemplated by the provisions of the Internal Revenue Code of 1986, as amended or otherwise, in which the ownership interests of a corporation are assigned directly or by operation of law to a person or persons, firm or corporation which acquires the control of the voting capital stock of such corporation or all or substantially all of the assets of such corporation 111. A sale or transfer to an affiliate of Franchisee owned or controlled by the present beneficial owners of Franchisee or members of their immediate family, or between members of the same immediate family, or transfers to a trust, testamentary or otherwise, in which the beneficiaries are limited to members of the transferor's immediate family
ARTICLE 11: INSURANCE, INDEMNITY AND PERFORMANCE BOND
11.1 Insurance
Franchisee shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance:
June 27, 2018 · - 62 - City a/Hawaiian Gardens: Final Franchise Agreement
11.1.1 Comprehensive General Liability Insurance
A policy of comprehensive general liability insurance written on a per occurrence basis.
The policy of insurance shall be in an amount not less than either (i) a combined single limit of $2,000,000.00, or (ii) bodily injury limits of $1,000,000.00 per person, $2,000,000.00 per occurrence and $1,000,000.00 products and completed operations and property damage limits of $2,000,000.00 per occurrence and $2,000,000.00 in the aggregate.
11.1.2 Workers' Compensation Insurance
A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Franchisee and the City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Franchisee in the course of carrying out the work or services contemplated in this Agreement.
11.1.3 Automotive Insurance
A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of $1,000,000.00 per person and $2,000,000.00 per occurrence and property damage liability limits of $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate or (ii) combined single limit liability of $2,000,000.00. Said policy shall include coverage for owned, non-owned, leased, and hired cars.
11.1.4 Umbrella Insurance
Umbrella coverage to bring total aggregate insurance coverage for all underlying insurance coverage to TWENTY MILLION DOLLARS ($20,000,000.00)
11.1.5 General Insurance Provisions
All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees, and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees, and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or cancelled without providing thirty (30) days' prior ~ritten notice by registered mail to the City. In the event any of said policies of insurance are cancelled, the Franchisee shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 11.1 to the Chief Administrative Officer. No work or services under this Agreement shall commence until the Franchisee has provided the City with Certificates of Insurance Or appropriate insurance binders evidencing the above insurance coverage and said Certificates oflnsurance or binders are approved by the City.
June 27, 2018 - 63 - City of Hawaiian Gardens: Final Franchise Agreement
11.1.6 No Limitation
Franchisee agrees that the provisions of this Article 11 shall not be construed as limiting in any way the extent to which the Franchisee may be held responsible for the payment of damages to any persons or property resulting from the Franchisee's activities or the activities of any person or persons for which the Franchisee is otherwise responsible.
11.1.7 Rating
The insurance policies required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California rated All or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class IV or better, unless such requirements are waived by the Chief Administrative Officer of the City.
11.1.8 Primary Insurance
The insurance policies shall be considered primary insurance as respects any other valid and collectible insurance the City may possess including any self-insured retention the City may have, and any other insurance the City does possess shall be considered excess insurance and shall not contribute with it. The insurance policies shall act for each insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company.
11.1.9 Changes in Market
In the event the Chief Administrative Officer determines that (i) the market conditions create an increased or decreased risk of loss to City, (ii) greater insurance coverage is required due to the passage of time or (iii) changes in the insurance industry require different coverages be obtained, Franchisee agrees that the minimum limits of any insurance policy required to be obtained by Franchisee may be changed accordingly upon written notice from the Chief Administrative Officer.
11.2 Indemnification
Without regard to the limits of any insurance coverage, Franchisee agrees to indemnify, defend with counsel appointed by the City, pay any fees or penalties caused by Franchisee's willful or negligent actions, and shall protect and hold hmmless the City, its representatives, officers, agents and employees against any and all fines, response costs, assessments, actions, suits, injunctive relief, claims, damages to persons or property, losses, costs penalties, obligations, errors, omissions or liabilities, ("claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with (i) violations of the commerce clause of the U.S. Constitution, AB 939, the Comprehensive Environmental Response, Compensation and Liability Act, Title 42 U.S.C. §9601 et seq. ("CERCLA"), HSAA, RCRA, any other Hazardous Waste laws, or other federal, state or June 27, 2018 - 64 - City of Hawaiian Gardens: Final Franchise Agreement local environmental statutes, ordinances and regulations which arise from this Agreement; (ii) the negligent performance of the work or services of Franchisee, its agents, employees, subcontractors, or invitees, provided for in this Agreement; (iii) the negligent acts or omissions of Franchisee hereunder, or arising from Franchisee's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its representatives, officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its representatives, officers, agents or employees, who are directly responsible to the City, and in connection therewith:
1. Franchisee will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith
11. Franchisee will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work or services of Franchisee hereunder; and Franchisee agrees to save and hold the City, its officers, agents and employees harmless therefrom
iii. In the event the City, its officers, agents, or employees is made a party to any action or proceeding filed or prosecuted against Franchisee for such damages or other claims arising out of or in connection with the negligent performance of or failure to perfonn the work or services of Franchisee hereunder, Franchisee agrees to pay to the City, its officers, agents, or employees, any and all costs and expenses incurred by the City, its officers, agents, or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees 1v. Franchisee's obligations hereunder shall survive the termination or expiration of this Agreement
11.3 Performance Bond
The City requires the Franchisee to deliver to the City a performance bond in the sum of the amount of ONE MILLION DOLLARS ($1,000,000.00), in the form provided by the Chief Administrative Officer. Said performance bond shall guarantee Franchisee's faithful performance of waste hauling services under the auspices of this Agreement, including without limitation, payment of any penalty and the funding of any work to cure a breach of this Agreement. The bond shall be unconditional and remain enforce during the entire tenn of this Agreement and shall be null and void only if the Franchisee promptly and faithfully performs all terms and conditions of this Agreement. ·
11.4 AB 939 Guarantee and Indemnification
Without in any way limiting the indemnification prov1s10ns in Section 11.2 above, Franchisee unconditionally guarantees compliance with the requirements AB 939 as amended from time to time. Franchisee shall carry out its obligations under this Agreement so that the City will meet or exceed the diversion requirements set forth in AB 939, and all June 27, 2018 - 65 - City of Hawaiian Gardens: Final Franchise Agreement amendments thereto, as more fully set forth below. City and Franchisee shall reasonably assist each other to meet the City's AB 93 9 diversion requirements. In carrying out the provisions of this Section, Franchisee agrees to perform the following obligations at its cost and expense:
1. Defend, with counsel approved by City, indemnify and hold harmless the City against all fines and/or penalties imposed by the Board, if Franchisee fails or refuses to provide information relating to its operations which is required under this Agreement and such failure or refusal prevents or delays City from submitting reports required by AB 939 in a timely manner
11. Assist City in preparing for, and participating in, the Board's biannual review of the City's source reduction and recycling element pursuant to Public Resources Code Section 41825
111. Assist City in responding to inquiries from the Board in applying for an extension under Public Resources Code Section 41820, if so directed by City; in conducting any hearing conducted by the Board relating to AB 939; or in any other investigative or enforcement manner undertaken by any agency 1v. Defend, with counsel acceptable to City, and Indemnify and hold harmless the City against any fines or penalties levied against it for violation of AB 939's diversion requirements, excepting any fine or penalty imposed if City's failure to meet the Act's diversion requirements is the result of an order
v. In cooperating with the City, should it seek to become its own enforcement age_ncy, to the extent it may be permitted under state law
11.5 AB 939 Education
Franchisee and City shall jointly develop and implement a public awareness and education program that is consistent with the City's Source Reduction and Recycling Element ("CRRE") and its Household Hazardous Waste Element ("HHWE").
ARTICLE 12: GENERAL PROVISIONS
12.1 Late Payment Fee
City shall give Franchisee written notice of any delinquent payment of any sum owing to City by Franchisee under this Agreement. In the event that Franchisee does not pay City such delinquent sum within ten (10) days of the date of the written notice, Franchisee shall pay the City the pre-determined penalty of one and one and a half percent (1.5%) interest per month, or any fraction of a month, on the amount of delinquent sum commencing from the date such sum was originally due.
12.2 Rate Composition
During the Term of this Agreement, all franchise rates will be divided into two rate components: "Collection" and "Disposal". Such a "component" breakdown must be disclosed to the City within the initial rates for this Agreement and as part of any June 27, 2018 - 66 - City of Hawaiian Gardens: Final Franchise Agreement 1'
"-···
subsequent rate increase request by the Franchisee. Such collection components are not required to be listed in franchise rate sheets or included on billings to the Franchisee's customers.
12.3 Force Majeure
The time period(s) specified for performance of the provisions of this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Franchisee, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Franchisee shall within ten (10) days of the commencement of such delay notify the Chief Administrative Officer in writing of the causes of the delay; no extension of time for performance shall be granted, however, by reason of the unavailability of any Disposal Site or by reason of strikes, lockouts, or other labor disturbances, or breakage or accidents to vehicles, equipment, machinery or plants.
The Chief Administrative Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Chief Administrative Officer such delay is justified. In no event shall Franchisee be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Franchisee's sole remedy being extension of the Agreement which shall be an extension of one (1) month at the sole option of the Chief Administrative Officer. Any further extension shall require a new contract with amended and/or additional terms.
12.4 Notices
All notices, demands, requests, approvals, disapprovals, proposals, consents, or other communications whatsoever which this Agreement contemplates or authorizes, or requires or permits either Party to give to the other, shall be in writing and shall be sent by certified mail, postage prepaid, return receipt requested, addressed to the respective Party as follows:
If to Franchisee:
If to City:
June 27, 2018
Commercial Waste Services, Inc.
1530 Date Street
Montebello, CA 90640
Attn: Haik Petrosian
CITY OF HAWAIIAN GARDENS
Chief Administrative Officer
21815 Pioneer Boulevard
Hawaiian Gardens, CA 90716
- 67 - City of Hawaiian Gardens: Final Franchise Agreement A copy to:
Alvarez-Glasman & Colvin
13181 Crossroads Parkway North Suite 400
Industry, Ca 91746
Attention: Arnold M. Alvarez-Glasman, City Attorney
or to such other address as either Party may from time to time designate by notice to the other given in accordance with this section. Notice shall be deemed effective on the date such notice is deposited in the United States mail.
12.5 Non-discrimination
Franchisee covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, sexual orientation, or ancestry in the performance of this Agreement.
Franchisee shall take affirmative action to ensure that applicants are employed and that employees are treated dl!ring employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin or ancestry.
12.6 Compliance with Immigration Laws
Franchisee agrees that, in the performance of this Agreement, it will comply with all applicable immigration laws and regulations.
12.7 No Liability of City Officials
No officer, employee or agent of the City shall be personally liable to the Franchisee, or any successor in interest, in the event of any default or breach by the City or for any amount that may become due to the Franchisee or to its successor, or for breach of any obligation of the terms of this Agreement.
12.8 Laws and Regulations
Franchisee shall observe all the terms of any City ordinance or resolution now in effect, or as the same may be subsequently adopted or amended by the City, governing or affecting the collection, removal and disposal of Municipal Solid Waste in the City of Hawaiian Gardens. Franchisee further agrees to comply with all applicable county, state or federal laws or regulations as they exist now or may subsequently be adopted or amended, governing the collection, removal and disposal of Municipal Solid Waste. Franchisee further agrees to comply with all applicable state and federal laws governing employment, wages, working conditions, use of materials, equipment, supplies and the like.
12.9 Proprietary Information: Public Records
The City acknowledges that a number of the records and reports of the Franchisee are June 27, 2018 - 68 - City of Hawaiian Gardens: Final Franchise Agreement proprietary and confidential. Franchisee is obligated to permit City inspection of certain of its records, as provided herein, on demand and to provide copies to City where requested.
City will endeavor to maintain the confidentiality of all proprietary information provided by Franchisee and shall not voluntarily disclose such proprietary information.
Notwithstanding the foregoing, any documents provided by Franchisee to City that are public records may be disclosed pursuant to a proper public records request.
12.10 Waiver of Existing Claims
In entering into this Agreement, the City and the Franchisee waive their respective rights to any claim, known or unknown, for damages or rights arising out of any previous Agreement, either written or oral. The Parties expressly understand and acknowledge that it is possible that unlmown losses or claims exist or that present losses may have been underestimated in amount or severity, and each said Party represents and warrants that this uncertainty was taken into account in determining the consideration to be paid for the giving of this Agreement, and that a portion of said consideration having been bargained for between the Parties with the knowledge of the possibility of such unlmown claims was given in exchange for full accord, satisfaction and discharge of all such claims. Franchisee specifically acknowledges that it is familiar with the provisions of California Civil Code Section 1542 which provides as follows:
''A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM, MUST HA VE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
12.11 Waiver of Future Claims
No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. A Party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other paiiy's consent to or approval of any subsequent act. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
12.12 Conflict of Interest
No officer or employee of the City shall have a11y financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial inter~st of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Franchisee warrants that it has not paid or given and will not pay or give any officer, official, employee or agent of the City any money or other consideration for obtaining this Agreement. If it is later discovered that Franchisee directly or indirectly influenced any party that had an interested in this June 27, 2018 - 69 - City of Hawaiian Gardens: Final Franchise Agreement agreement, Franchisee shall be subject to all penalties, fees, and enforcement actions identified in this agreement as well as any other legal or equitable actions City may have against Franchisee. In addition to any criminal or additional legal actions that any party may have against the Franchisee.
12.13 Interpretation
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
12.14 Amendment: No Oral Amendments
It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. This Agreement is intended, in part, to carry out City's obligations to comply with the provisions of AB 939 and regulations promulgated thereunder, as amended from time to time. In the event that AB 93 9 or other state or federal laws or regulations enacted after this Agreement prevent or preclude compliance with one or more provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations.
No other amendment of this Agreement shall be valid unless in writing duly executed by the Parties.
12.15 Severability
In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
12.16 Attorneys' Fees
If either Party to this Agreement is required to initiate or defend or is made by a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall also be entitled to, but not limited to: reasonable attorney's fees, and expert witness fees, etc.
12.17No Joint Venture
Neither the City nor any of its employees shall have any control over the manner, mode or June 27, 2018 - 70 - City of Hawaiian Gardens: Final Franchise Agreement means by which Franchisee, its agents or employees, perform the services required herein, except as otherwise set forth. Franchisee shall perform all services required herein independent from the City and shall remain at all times as to City a wholly independent entity with only such obligations as are consistent with that role. Franchisee shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Franchisee in its business or otherwise or a joint venture or a member of any joint enterprise with Franchisee.
12.18 Rights and Remedies are Cumulative
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
12.19 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
12.20 Jurisdiction and Venue
The parties hereto agree that the State of California is the proper jurisdiction for litigation of any matters relating to this Agreement. The Parties further agree that Los Angeles County, California is the proper place for venue as to any such litigation arising out of the Agreement and Franchisee agrees to submit to the personal jurisdiction of such court in the event of such litigation.
12.21 Legal Action
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
12.22 Entire Agreement
This Agreement represents the full and entire Agreement between the parties with respect to the matters contained herein. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party.
June 27, 2018 - 71 - City of Hawaiian Gardens: Final Franchise Agreement \ '-···
12.23 Heirs and Successors
The terms, covenants and conditions of this Agreement shall apply to and shall bind the heirs, successors, executors, administrators and assigns of the Franchisee and City. [Signatures on Following Page]
June 27, 2018 - 72 - City of Hawaiian Gardens: Final Franchise Agreement IN WITNESS WHEREOF, the Paities hereto do hereby set their hands and seals as of the day and the year first written above.
ATTEST:
Title: f/ZES I De:rJT Title: ______ _
CITY OF HAWAIIAN GARDENS
CHIEF ADMINISTRA IVE OFFICER
old M. Alvarez-Glasman, City Attorney
June 27, 201 8 - 74 - City ofHawaiian Gardens: Final Franchise Agreement ., ... ·,.-i•':
CARSON PAlH
June 27, 2018
ATTACHMENT A: Hawaiian Gardens: City Bmmda:ries
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v
- 74 - City of Hawaiian Gardens: Final Franchise Agreement Attachment B- 1 through Attachment B-4: Maximum Permitted Rate Schedule Residential, Commercial, Multi-Family, Temporary
(Separate Attachment)
June 27, 2018 - 75 - City of Hawaiian Gardens: Final Franchise Agreement Attachment B: Maximum Permitted Rates Schedule
ATTACHMENT B-1: TOTAL MAXIMUM PERMITTED RATE SCHEDULE
RESIDENTIAL SERVICES
Following are the rates for July 1, 2018 through June 30, 2020:
Monthly Residential Cart Service Rates*
Standard Service includes: One 96-gallon refuse, One or more 96-gallon recycling, and up to Two 64-gallon green waste Carts.
Monthly Quarterly
Standard Service $12.01 $36,03
Low-Income Senior Rate (1) $10.81 $32.43
Additional Refuse Cart - above one (96-gallon) $8.00 $24,00 Additional Refuse Cart - above one (64-gallon) $6.00 $18,00 Additional Green Waste Cart - above two (64-gallon) $4.00 $12.00 Optional Residential Organics Recycling (SB 1383) ( 32 gallon) $8.00 $24,00 Other Residential Cart Rates and Services* (Charged in Addition to Cart Service Rates) Valet Service - Authorized Disabled Customers Only
Additional Special Overage Pickup for Automated Cart Customers (in excess of two pickups per year}
Additional Bulky-Waste Pickup for Automated Cart Customers -- 52 pickups/1 Year *Including all City fees.
No
Charge
$4.50
$0
(1) Low-income 10% Senior rate discount includes one 64-gallon refuse cart, plus one 64-gallon recycling and one 64-gallon green waste cart.
*Optional Non-Franchise Extra Scope Quarterly Fee Annual Fee Citywide Quarterly Clean-up Program Free Free
*See Section 1.4 for Program Description
City of Hawaiian Gardens -April 2018
ATTACHMENT B -2.: TOTAL MAXIMUM PERMITTED RATE SCHEDULE
COMMERCIAL SERVICE
FOLLOWING are the rates for July 1,2018 through June 30, 2020 Standard Commercial Service Number of Collection Per Week Container Type Size 1 2 3 4 5 6 7 Addtional Pk-up's (Same Day) 96-Gallon Containers $ 37.40 $ 60.50 $ 84.70 $ 108.90 $ 132.00 $ 167.00 $ 225.00 $35 1 Cubic Yard bin $ 62.70 $ 95.70 $ 144.70 $ 183.70 $ 224.40 $ 265.10 $ 314.60 $45 2 Cubic Yard bin $ 73.70 $ 122.10 $ 169.40 $ 216.70 $ 265.10 $ 312.40 $ 371.80 $50 3 Cubic Yard bin $ 110.00 $ 167.20 $ 226.00 $ 286.00 $ 354.20 $ 405.90 $ 469.80 $55 4 Cubic Yard bin $ 165.00 $ 260.00 $ 358.00 $ 453.00 $ 572.00 $ 669.40 $ 789.00 $65 6 Cubic Yard bin $ 198.00 $ 310.20 $ 408.10 $ 503.80 $ 622.60 $ 719.40 $ 839.30 $65 Compacting 30+/-Cubic Yard Box $600/Service up to 9 Tons - $65/Ton after Standard 40 Cubic Yard Box $SOD/Service up to 7 Tons -- $65/Ton after Standard 10 Cubic Yard Box $440 Concrete, Dirt, Sand, Granite, and Bricks Locking Bin (Extra Bin) $ 5.00 $ 7.50 $ 10.00 $ 12.50 $ 15.00 $ 17.50 $ 22.50 NONE ATTACHMENT B-3: TOTAL MAXIMUM PERMITTED RATE SCHEDULE
Multi-Family Services
Following are the rates for July 1, 2018 through June 30, 2020:
Standard Multi-Family Services Number of Collections Per Week Container Type/Size 1 2 3 4 5
96-Gallon Containers (Residue) $12.01 $18.26 $24.74 $31.23 2 Cubic Yard Bin (Residue) $73.70 $122.10 $169.40 $216.70 3 Cubic Yard Bin (Residue) $110.00 $167.20 $226.00 $286.00 96-Gallon Containers (Extra Residue Cart) $8.00 $12.16 $16.48 $20.80 Recycling- 3 Cubic Yard Bin (Comingled) $30.00 $45.60 $61.80 $78.00 Green Waste - 3 Cubic Yard Bin (AB 1826) $65.00 $98.80 $133.90 $169.00 Locking Bin $5.00 $7.50 $10.00 $12.50
Extra Dump Charge (2 & 3 c.y. Bin) $SO/Extra Dump 2 Y.D. -- $55/Extra Dump 3 Y.D.
On-Call Bulky Item Collection
On-Call E-Waste and U-Waste Collection
$38.67
$265.10
$354.20
$25.76
$96.60
$209.30
$15.00
Additional Pickups
(Same Day)
$4.50
$50.00
$55.00
$4.50
$3.50
$4.00
ATTACHMENT B-4: TOTAL MAXIMUM PERMITTED RATE SCHEDULE
TEMPORARY BIN/BOX SERVICE
Following are the rates for July 1, 2018 through June 30, 2020:
Standard Temporary Bin/ Box Service Charge
Container Type/Size Pickup/Delivery Per Dump *Overweight Daily rental after 7 days Charge Charge Charge Per Ton without dumping
3 Cubic Yard Bin $100.00 $85.00 N/A Free
10 Cubic Yard Box $150.00 $300.00 $65.00 $5.00
30 Cubic Yard Compactor $150.00 $150.00 $65.00 $5.00
40Yard Box $150.00 $350.00 $65.00 $5.00
Dead Run
charge
$75.00
$150.00
$150.00
$150.00
ATTACHMENT C: Special City Events/City Facilities
Contractor shall provide solid waste collection services at special city events, as provided in the following list, at no cost. The city currently has twelve (12) special events per year.
Contractor may be required to provide cardboard box litter receptacles and plastic liners for certain events. Contractor will provide rolloff boxes and/or conm1ercial bins for the collection of waste at each event. City staff will be responsible for placing the waste in the collection bins or boxes. All collected waste will be processed at a MRF for optimum recycling.
CURRENT SPECIAL ANNUAL EVENTS
1) Safe Community Month
2) Easter Egg Hunt
3) Carnival & Parade
4) Independence Day Celebration
5) Car Show
6) National Night Out
7) Robert Canada Friendship Pow Wow
8) 3KFunRun
9) Halloween Program
10) Veterans Day Ceremony
11) Christmas Tree Lighting
Public Safety/Library
Lee Ware, MAOF Pre-School
June 27, 2018
Address
21815 Pioneer Blvd.
I Size
3 c.y.
. 3 c.y.
i 3 c.y . . '''('"'··················· .
! 3 c.y.
Material
Waste
Waste
- 76 - City of Hawaiian Gardens: Final Franchise Agreement ATTACHMENT D: GOOD CORPORATE CITIZEN STATEMENT
1. Good corporate citizens enhance Hawaiian Gardens through employment practices:
• Hire Hawaiian Gardens residents when possible
• Provide training and promotion opportunities for all workers • Provide adequate wages and benefits
• Provide safe, clean, and healthy work environment
• Provide family friendly benefits that support family life such as maternity/paternity leave, child care and day care
2. 2. Good corporate citizens enhance Hawaiian Gardens through enviromnental responsibility:
• Use Hawaiian Gardens sources for goods
• Minimize use of resources
• Used recycled content products wherever possible
• Use energy efficient systems
• Support opportunities for employees to use car pools/public transportation
3. 3. Good corporate citizens enhance Hawaiian Gardens through excellent customer service practices:
• Being responsive to Hawaiian Gardens residents' complaints • Being courteous and helpful
• Being bi-lingual
• Extending a helping hand to the seniors and handicapped
4. Good corporate citizens enhance Hawaiian Gardens through financial practice:
• Purchase supplies locally
• Supp01i Hawaiian Gardens youth teams, local schools, and community organizations. • Support volunteerism and community involvement by employees • Support and participate in Hawaiian Gardens community events June 27, 2018 - 77 - City of Hawaiian Gardens: Final Franchise Agreement Attachment E: Contractor Submittals
[City to provide from bid submittal]
June 27, 2018 - 78 - City of Hawaiian Gardens: Final Franchise Agreement
COMMERCIAL WASTE SERVICES
SOLID WASTE AND RECYCLING COLLECTION SERVICES
RFP NO. 2018-002
APRIL 23, 2018
( COMMERCIAl]
April 23, 2018
City of Hawaiian Gardens
21815 Pioneer Blvd .
Hawaiian Gardens, CA 90716
Recycling• Waste Collection
Since 1946
Commercial Waste Services is honored to submit its proposal per your request in consideration to provide exclusive waste removal and recycling services for the city of Hawaiian Gardens. We are a highly reputable and well-respected locally based company, our experience coupled with our ability to provide excellent customer service at a competitive rate will indicate Commercial Waste Services is the best company to meet the needs of your city.
Commercial Waste Services is a fourth generation family owned and operated company. We believe in putting our customers first, providing them with personalized service, while minimizing any issues on a professional level. Commercial Waste Services is constantly energized in communicating our latest ideas on how to ensure customer satisfaction. One such innovation we take pride in is our 24-hour a day 7 day a week customer telephone support services; staffed with live receptionists standing by to answer any questions and immediately address any requests a customer may have.
Although our proposal contains an in depth description of all the ways in which Commercial Waste Services can be of benefit to the city of Hawaiian Gardens we have provided an overview of our proposal below.
❖ $10,000 Annual Contributions in scholarships to Hawaiian Gardens residents who seek higher education.
❖ 4 Free Community Bulky Item Cleanup events
❖ Local office to Hire Hawaiian Gardens Residents and allow the city to capitalize on income from purchases made for the implementation of the contract.
❖ A Commercial Waste Services Recycling coordinator will be in charge of ensuring that we maintain our 70% recycling rate and compliant with the AB341 requirements. ❖ We offered a performance bond of $1,000,000.00 exceeding any other proposer. ❖ Backyard composting classes to businesses and residents in the City of Hawaiian Gardens ❖ 2 Free annual shred events
❖ We offered 52 Bulky item pickup services per year for each resident of the City of Hawaiian Gardens.
❖ We offered 12 Bulky item pickup services per apartment complex for the city of Hawaiian Gardens
800-947-8224 • 1530 Date Street • Montebello, CA 90640
CWRServices.com
Commercial Waste Services has taken the steps necessary to verify the number of homes, businesses, multi-family residences, containers, routes, tonnage volumes, and collection area in preparation of the submitted proposal. Commercial Waste Services has reviewed the entire Request for Proposal including Attachments A-F inclusive of the Draft Franchise Agreement and takes no exceptions. Commercial Waste Services will provide a check in the amount of one hundred thousand dollars ($100,000.00) within thirty (30) days upon execution of Franchise Agreement (Effective Date). Commercial Waste Services also agrees to remit 10% of annual gross receipts to the City of Hawaiian Gardens.
Commercial Waste Services consists of a team of experts who have been in the refuse business for 72 years. We guarantee the city of Hawaiian Gardens will receive the best service at the most competitive price.
Regards
Haik Petrosian
Commercial Waste Services
1165 S Maple Ave
Montebello, CA 90640
(323) 718-0959
[email protected]
TABLE OF CONTENTS
1.A. TITLE PAGE #
1.8. COVER LETTER #
1.C. TABLE OF CONTENTS #
1.D. BUSINESS STRUCTURE 1
2. EXPERIENCE QUALIFICATIONS 2-5
3. REFERENCES 6
4. ORGANIZATION AND STAFFING 7-16
5. BACKGROUND 17
6. WORK PLAN 18-32
7. DISPOSAL AND MRF FACILITIES 33-38
8. SCHEDULE OF SERVICE 39-40
9. EQUIPMENT LIST 41
10. EMPLOYEE AND SAFETY TRAINING 42-87
11. IMPLEMENTATION PLAN 88-95
11.B. ORGANIC WASTE PROGRAM 96-99
12. CUSTOMER SERVICE 100-102
13. FINANCIAL STATEMENT CONFIDENTIAL ATTACHED SEPERATLY
14. INSURANCE REQUIREMENTS 103
15. PAST PENDING LITIGATION 104
16. GUARANTEES AND SURETIES 105-107
17. STATEMENT OF COMPLIANCE 108
18. ENHANCEMENTS 109-110
CITY MAP ATTACHMENT A
MAXIMUM PERMITTED RATES SCHEDULE ATTACHMENT B
SPECIAL CITY EVENTS/ CITY FACILITIES ATTACHMENT D
GOOD CORPORATE CITIZEN STATEMENT ATTACHMENT E
DRAFT FRANCHISE AGREEMENT ATTACHMENT F
WORK PLAN & METHODOLOGY ATTACHEMENT G (SEE SECTION 6)
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION RECORDS ATTACHMENT H
BIT INSPECTION ATTACHMENT I
BIN SPECIFICATION ATTACHMENT J
FACILITY RELATIONSHIPS ATTACHMENT K
LETTER OF FUNDING ATTACHMENT L
LETTERS OF REFERENCE ATTACHMENT M
1.D. Business Structure
l.D. Business Structure
I. Commercial Waste Services, Inc.
II. S type Corporation
Aron Petrosian and Haik Petrosian are open in signing personal guarantees to secure bid.
Ill. May 1, 1946
IV. Aron Petrosian
V. Aron Petrosian - CEO
Haik Petrosian - COO
Ashley Mehrabi - CFO
VI. 1165 S Maple Ave
Montebello, CA 90640
VII. Commercial Waste Services plans on opening a local office within Hawaiian Gardens city limits. This will allow the City of Hawaiian Gardens to capitalize on sales tax from the purchase of equipment. This location will also need office staffing where we will prioritize City of Hawaiian Gardens residents. We will also recruit drivers from this location that will be convenient for City of Hawaiian Gardens residents to apply.
City of Hawaiian Gardens - April 2018
1 2. Experience and Qualifications
2. Experience and Qualifications
Commercial Waste Services has been collecting solid waste, recyclables and green waste from residential and commercial premises since 1946. It is a 4th generation company that puts customer service first.
Commercial Waste Services had the privilege to serve the City of Malibu starting in 1995 through 1999.
More currently, we service many mixed properties throughout the County of Los Angeles, which involve commercial businesses that use standard commercial containers along with condominiums using the standard 96 gallon waste and recycling containers. For reference, we have attached a letters of recommendation from property managers from various multi residential sky rises, housing thousands of people across the Greater Los Angeles area.
Our expertise extends from our impeccable customer service to our impressive safety programs. Our loss runs are indicative of our minimal incidents in regards to accidents and property damage claims, as well as our spotless BIT inspection records from the California Highway Patrol.
Staff experience that will directly oversee the Hawaiian Gardens operations Aron Petrosian: 47 Years of Experience owning operating companies providing waste and recycling services throughout Southern California
Ruben Hernandez: 37 Years of inspecting refuse vehicles for the California Highway Patrol.
Jake Michaelian: 36 Years of Experience dispatching and acting as a operations manager for multiple companies including Republic services
Ramon Alcantera: 34 Years of Experience in waste industry including route supervisor and customers service liason for multiple companies including Republic Services Chip Clements: 31 Years of Experience in the waste industry. Has developed over 300 waste/recycling facilitys throughout California.
Haik Petrosian: 15 Years of Experience in waste industry management including development of a C&D facility
Alfredo Torres: 12 Years of Experience in the waste industry 5 as a customer service manager Roxy Petrosian: 10 Years of Experience in the waste industry managing office staff and customer service to ensure quality.
Total years of waste experience to manage Hawaiian Gardens operations= 186 Years Commercial Waste has the experience and the willingness to easily surpass current services and programs in the City of Hawaiian Gardens. Listed below are two charts the first showing a list of cities Commercial Waste currently service the second chart shows a list of school districts and community colleges that currently utilize our services.
City of Hawaiian Gardens -April 2018 2
2. Experience and Qualifications
r City Name
r
Service Period Types of Services Type of Contract
Provided J City of Hawaiian Gardens Serviced: 2016 - 2021 CDBG Exclusive Bulky Item Cleanup
Residential Cleanup
City of Montebello Serviced: Services: Non-Exclusive Permit 1700 W Victoria Ave 1946 through Present Roi/off, Front Load, System Montebello, CA 90640 Automated.
Francesca Tucker- Residential, Multi-Family,
Schuyler Commercial, Industrial
323-887-1200 and Construction. Waste
collection, Comingled
recycling, C&D recycling,
green waste
County of Los Angeles Serviced: Services: Non-Exclusive Permit PO Box 7437 1946 through Present Roi/off, Front Load, System Alhambra, CA 91802 Automated.
Neonika Walker Residential, Multi-Family,
626-458-6990 Commercial, Industrial
and Construction. Waste
collection, Comingled
recycling, C&D recycling,
green waste
City of Burbank Serviced: Services: Non-Exclusive Permit 500 S Flower St Burbank, 1984 through Present Roi/off, Front Load, Multi- System CA 91502 Family, Commercial,
Kreigh Hampel Industrial and
818-238-3900 Construction. Waste
collection, Comingled
recycling, C&D recycling,
green waste
City of Glendale Serviced: Services: Non-Exclusive Permit 540 W Chevy Chase Dr. 1981 through Present Roi/off, Front Load, Multi- System Glendale, CA 91204 Family, Commercial,
Tom Brady Industrial and
818-552-2870 Construction. Waste
collection, Comingled
recycling, C&D recycling,
green waste - ---- City of Commerce Serviced: Services: Non-Exclusive Permit 2535 Commerce Way 1946 through Present Roi/off, Front Load, System Commerce, CA 90040 Multi-Family,
Linda Wright Commercial, Industrial
323-722-4805 and Construction. Waste
collection, Comingled
recycling, C&D recycling,
- -'- green waste -- - ---
City of Hawaiian Gardens -April 2018
3 City of Torrance
3031 Torrance Blvd
Torrance, CA 90503
Susanne Bittman
310-781-6900
City of Santa Monica
2500 Michigan Ave
Santa Monica, CA 90404
Gustavo Guzzetti
310-458-8739
City of El Segundo
350Main St
El Segundo, CA 90245
Roger Groman
310-524-2317
City of Bell Gardens
8327 Garfield Ave.
Bell Gardens, Ca 90201
Veronica Sanchez
562-806-7770
Serviced:
1989 through Present
Serviced:
1990 through Present
Serviced:
1994 through Present
Serviced:
2015 through Present
City of Hawaiian Gardens -April 2018
2. Experience and Qualifications
Services:
Roi/off, Front Load, Multifamily, Commercial,
Industrial and
Construction. Waste
collection, Comingled
recycling, C&D recycling,
green waste
Services:
Roi/off, Front Load, Multifamily, Commercial,
Industrial and
Construction. Waste
collection, Comingled
recycling, C&D recycling,
green waste
Services:
Roi/off, Front Load, Multifamily, Commercial,
Industrial and
Construction. Waste
collection, Comingled
recycling, C&D recycling,
green waste
Services:
Roi/off, Front Load, Multifamily, Commercial,
Industrial and
Construction. Waste
collection, Comingled
recycling, C&D recycling,
green waste
Non-Exclusive Permit
System
Non-Exclusive Permit
System
Non-Exclusive Permit
System
Non-Exclusive Permit
System
_J
4 2. Experience and Qualifications
Name T Address Contact Phone# r Email
Pasadena City 1570 E Colorado Sara Flores 626-375-4212 [email protected] College Blvd
Pasadena, CA 91106
Norwalk La Mirada 12820 Pioneer Blvd Cindy 562-868-0431 [email protected] Unified School Norwalk, CA 90650 Jimenez X2047
District
Little Lake City 10515 S Pioneer Manuel 562.868.8241 [email protected] School District Blvd. Correa Ext. 2248
Santa Fe Springs, CA
90670
I Whittier Un ion High 9401 S Painter Ave Beverly 562-698-8121 Beverly. Tory@ WU HSD. ORG School District Whittier, CA 90605 To ry X1105 I
I
Duarte Unified 1620 Huntington Dr. Ermias 626-599-5042 [email protected]_ l School District Duarte, CA 91010 Bitow Rio Hondo College 3600 Workman M ill George 562-463-7594 [email protected] Wh ittier, CA 90601 Lopez
Compton 1111 E Artesia Blvd. Linda 310-900-1600 [email protected] I Community College Compton, CA 90221 Owens Arcadia Unified 150 S. 3rd Avenue Jaime 626-821-6620 [email protected] Arcadia, CA 91006 Morales
Citrus Community 1000 West Foothill Robert (626) 914-8888 [email protected] truscolleg_e. edu 7 College Blvd. Iverson Glendora CA 91741 ---I
Cerritos College J 11190 Alondra Blvd Luz 562-860-2451 LOcampo@Cerritos. Edu Norwalk, CA 90650 Ocampo x2307 --~
City of Hawaiian Gardens -April 2018 5
3. References
3. References
CWS has provided a list of 10 Cities that have been serviced with pride and quality. As well as a list of 10 community colleges and school districts. Below is a list of 3 business that CWS has provided quality services to. In addition to contact information the 3 references have also provided letters of references located in Attachment M.
Organization Contact Name Contact Phone Number
Re Planet Antonio Padilla 951-531-5716
LA Dumpster Rental Robert O'Neill 213-279-5046
Little Tokyo Public Safety Brian Kita 213-613-1911
Association
6 City of Hawaiian Gardens -April 2018
N
a
I->
Oo
Key Employee Contact
Name Title
Aron Petrosian Chief Executive Officer
Haik Petrosian Chief Operating Officer
Ashley Mehrabi Chief Financial Officer
Jake Michaelian Management Supervisor
Rudy Bermudez Governmental Affairs
Debra Gonzalez Operations Manager
Ruben Hernandez Safety Supervisor
Roxy Petrosian Office Supervisor
(Dedicated to HG)
Alfredo Torres Field Customer Service
Manager
Ramon Alcantera Field Manager
Isreal Ortega Fleet Maintenance
Manager
Cindy Liles Organic Waste Specialist
Email
[email protected]
[email protected]
Ashle!'[email protected]
[email protected]
Rud!'[email protected]
[email protected]
[email protected]
Rox!'[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
Phone Role
(213) 216-1779 City Contact and negotiator for
contractual affairs
(323) 718-0959 Coordinates community outreach
and educational programs
(323) 728-9554 Directs financial planning and
computer systems provides
financial resources
(323) 728-9554 Dispatches drivers and overlooks
route completion
(323) 728-9554 Oversees government affairs and
any public relations issues.
(323) 728-9554 Manages the collection routes
and assists in dispatching drivers.
(323) 728-9554 Overseas all safety matters
involving CWS employees
(323) 728-9554 Manages all customer service
issues that are called in to the
office ensuring customer
satisfaction
(323) 728-9554 Manages all customer service
issues with site visits to ensure
customer satisfaction
(323) 728-9554 Manages Commercial Waste
Employees in the field to
streamline efficiencies
(323) 728-9554 Oversees mechanical
maintenance
for fleet vehicles.
(818) 267-5100 Implement and Oversee the
Organic Waste Program
4. Organization and Staffing
4. Organization and Staffing
Aron Petrosian: Chief Executive Officer
Mr. Petrosian's solid waste experience traces back decades with the inception of Commercial Waste Services. Mr. Petrosian has spent the last thirty years applying his visionary diversion programs to complex business and other various commercial environments that demand expedience and efficiency. The longevity of Mr. Petrosian's career envelopes innovation and a consistency that has allowed many to use his achievements in solid waste and recycling as a benchmark for successful business practices.
One of the hallmarks of Mr. Petrosian's career was the careful and calculated handling of the Malibu solid waste franchise in 1996-2000. A highly trafficked and socially vibrant community known for its meticulous standards, the City of Malibu demanded attention to detail and a unique system of operation that would enable all visiting and permanent residents to be active participants in a variety of waste and recycling programs no matter where their property was situated at. The result was a seamless franchise contract roll out that allowed residents to receive uninterrupted service at reasonable operating times while still remaining committed to city ordinances and preserving the socially prominent culture of the community.
As a well-respected individual in the waste management industry, Mr. Petrosian utilized his hands on approach to tackle any questionable service issue beforehand by meeting with HOA boards, business owners and management companies in order to address and resolve and thus prevent interruptions in service. Each situation was further personalized by addressing each and every inquiry made by constituents during the entire duration of the contract thus maintaining the standards of the community.
Duties and Responsibilities
Mr. Petrosian serves as the CEO for Commercial Waste Services and will be responsible for compliance with all government rules and regulation regarding environmental compliance, required reports, fees and collection requirements. Mr. Petrosian will be responsible for ensuring both the preparation and delivery of all requested documentation by the City pertaining to the company. He will also be responsible for coordinating all financial documents with the CFO and corresponding with the CEO on all City related and operational matters.
City of Hawaiian Gardens - April 2018 8
4. Organization and Staffing
Haik Petrosian: Chief Operating Officer
Haik Petrosian brings nearly 10 years of experience to the Commercial Waste Services Management team .
He is an experienced staff member specializing in bringing innovations to the waste industry, specifically in the areas of operation, equipment allocation, personnel management, route structuring, vehicle scheduling, collection technique, rate structure and financial management. He has gained this valuable experience from learning about the business from the ground up. From his start in the company, working side by side with his father, Aron Petrosian, Haik has assisted in growing the business and expanding to new methods in waste disposal and recycling. He began his career the way most professionals do, at the bottom. Haik began as a Scout Truck Operator, then as a Front-Loader Operator and a Roll-Off Driver. He continued his success by understanding how the business works on the field. As a Route Manager, Safety Manager, Customer Service and Sales Representative, Mr. Petrosian has been involved in all aspects of the waste and recycling business . Having been born into the family who began the business in 1946, Haik currently operates one of the most reliable refuse and recycling operations in Southern California.
At this point in time, Haik is the point of contact for any and all automotive maintenance issues underway at Commercial Waste Services. His experience in automotive technological advances provides him with the leverage he needs to keep Commercial Waste Services ahead of the curve in waste and recycling advances. As a long-time supporter of environmentally conscious innovation, Haik Petrosian is well aware of the changes that have been put in place in the trucking industry and has been actively preparing Commercial Waste Services for them incorporating fully updated CNG fleet into current route distribution .
Duties and Responsibilities
Mr. Petrosian will be responsible for any and all public relation obligations and will be representing Commercial Waste Services at all City meetings effectively functioning as the City contract manager. Mr. Petrosian will assign, direct and administer the provisions of the contract agreement to the satisfaction of the City and to oversee the collection procedures as stipulated by the proposal. Moreover, Mr. Petrosian will assure that the proper equipment is ready and available for timely implementation, that his entire staff is properly trained, and that the collection methods described in this proposal are implemented as intended and as proposed.
City of Hawaiian Gardens -April 2018 9
4. Organization and Staffing
Ashley Mehrabi: Chief Financial Operator
Mrs. Mehrabi has developed the financial well-being of the company by providing annual projections and accounting services, preparing growth plans and advising in staff direction. Mrs. Mehrabi aids in developing finance organizational strategies by contributing financial and accounting information, analysis and recommendations to strategic thinking and direction . By establishing functional objectives in line with organizational objectives, Mrs. Mehrabi is able to project acquisition and expansion prospects for Commercial Waste Services to expand its areas of operation. Additionally, Mrs. Mehrabi experience has given her the necessary edge to identify opportunities for improvement, cost reduction, and systems enhancement as well as accumulating capital to fund expansion .
Having grown up in a family invested in the waste industry, Mrs. Mehrabi is accustomed to the business in all aspects allowing her to properly perform her duties. Assisting in web editing and overseeing any document distribution to ensure accuracy and completeness, Mrs. Mehrabi has been able to maintain the integrity of Commercial Waste Services and translate the standards by which we operate through text.
Duties and Responsibilities
Mrs. Mehrabi will be responsible for ensuring that the financial commitments for all vehicles, educational materials, equipment, carts, bins and vehicles are ready prior to contract start date. She is responsible for preparing the final cost estimates identified in the RFP and the financial requirements outlined in the City's RFP.
Mrs. Mehrabi works with Commercial Waste Service's outside accountants, financial institutions, insurance companies, bonding firms and vendors to ensure that all contractual or contract requirements are met prior to and during the life of the contract.
City of Hawaiian Gardens -April 2018 10
4. Organization and Staffing
Jake Michaelian: Management Supervisor
Mr. Michaelian is the nucleus of the Operations Department. As the Management Supervisor his energetic presence in the operation makes Commercial Waste Services a 24 hour response team . By fielding calls from high profile accounts off site as well as during office hours over the phone, Mr. Michaelian has firmly established Commercial Waste Services as a hauler that meets service time guarantees for its roll off and construction & demolition accounts, accommodating film and television schedules in a professional manner.
By maintaining a selected network of refuse operators at hand, Mr. Michaelian is able to dispatch a driver at all hours in order to meet the time sensitive demands of entertainment industry accounts maintained by COO Haik Petrosian. With a lengthy corporate background in the industry, Mr. Michaelian brings his dedicated manner to the entire Commercial Waste customer base which has earned his esteem as the most reliable dispatcher in the solid waste industry.
In addition to fulfilling the scheduling of all roll off, commercial, and residential service orders, Mr.
Michaelian is also skilled at handling a wide range of services related and billing inquiries with a keen knowledge for resolving service issues in a timely and respectful manner.
Duties and Responsibilities
In addition to interacting closely with the CEO, Mr. Michaelian will report directly to the Operations Manager of any potential service interruptions and function as a utility when communicating information regarding all service accounts to the appropriate department. Mr. Michaelian will send and receive all radio calls and relay pertinent information in real time to all designated parties .
City of Hawaiian Gardens -April 2018 11
4. Organization and Staffing
Rudy Bermudez: Government Affairs
Mr. Rudy Bermudez is a well-seasoned government representative who has accomplished many feet for the people. As a elected State Assemblyman in 2002, which included portions of Los Angeles and Orange Counties, as well as the cities and communities of Norwalk, Artesia, Buena Park, Cerritos, Hawaiian Gardens, Lakewood, Los Nietos, Santa Fe Springs, South Whittier, Whittier and West Whittier. Mr. Bermudez worked to improve education at various levels of degrees and promoted public safety. His qualifications as an Assemblyman arise from his previous work for over 30 years in law enforcement as a Parole Agent with the Department of Correction. In addition to such large scale work, Mr. Bermudez served on the Norwalk City Council from 1999-2002, and was a member of the Norwalk-La Mirada School Board for eight (8) years.
A native Angelino, Mr. Bermudez is a graduate of the University of California at Los Angeles (UCLA) with a bachelor's degree in sociology. He also received his master's degree in Public Administration from California State University at Long Beach (CSU LB). Mr. Bermudez has a longstanding history of working with our community's youth as well as his connections with minority groups in the surrounding Los Angeles area. More specifically, Mr.
Bermudez had been involved with environmentally friendly advancements to help improve our way of living in such as industrial city. His efforts did not go unnoticed as he decided to focu s on the waste removal concerns and develop a working relationship with Commercial Waste Services.
The Petrosian family hired Mr. Bermudez to revitalize Commercial Waste Services into one of the most vibrant and intrepid solid waste operators in Southern California. Mr. Bermudez oversees the development of environmental sustainability programs and policies; his responsibilities also include project management, educational outreach, government affairs and marketing, communication . He works closely with cities schools, and businesses to create educational material and site specific recommendation . She also assists in the placement of hard to recycle items either through reuse or specializing recycling options.
Mr. Bermudez works directly in all operational areas of the business, although he now allocates a large percentage of his schedule to outside function s such as public relations and participation in civic and service organizations, including Chambers of Commerce, School Districts, etc.
Duties and Responsibilities
Mr. Bermudez will be responsible for ensuring the public image of Commercial Waste Services remains upheld and the relationships developed with the City Council members remain strong. By maintaining such ties with the City, Mr. Bermudez is able to guarantee a professional transmission between the City and Commercial Waste Services, through which any complaints or issues can be resolved in a timely manner.
City of Hawaiian Gardens -April 2018 12
4. Organization and Staffing
Ruben Hernandez: Safety Coordinator
Mr. Hernandez began his career working as a mechanic specia lizing in Diesel, Electrical and Air Conditioning with the Greyhound bus Lines for 10 years . He used the skills he learned there to work with the California Highway Patrol (CHP) for 37 years as a motor carrier specialist. While working with the CHP, Mr.
Hernandez was responsible for auditing hazmat material shippers and transporters for compliance with the California and Federal regulations . As such, Mr. Hernandez is a certified federal and state instructor of hazmat transportation for bulk and non-bulk materials and a cargo tank instructor. He was also a field training officer from 1985 - 2017. From 2003 - 2015, he performed new entrant safety audits for the Federal Motor Carriers' Safety Association. He was responsible for performing field investigations (Fatal accident and reconstruction) for the Department of California Highway Patrol. He has also been certified to inspect al l school buses, transit vehicles, SPAD buses, youth buses and general public paratransit vehicles.
Mr. Hernandez's current duties with Commercial Waste Services are to oversee the staff mechanics to ensure that proper maintenance is conducted . He is also monitoring the safety programs to meet and/or exceed CHP and local law enforcement standards . As part of the safety program, Mr. Hernandez has assisted in the implementation of a drug and alcoho l program to conduct random drug tests . He reviewed drive cam events and reviews driver violations and other areas of concern with each respons ible driver individually. Following his inspection and review, Mr. Hernandez instructs drivers how to properly inspect their vehicles when conducting mandatory pre and post-trip inspections to ensure any potential issues are reported in a timely manner. He manages our "lock-out tag-out" program, which ensures that vehicles in need of service are not used. Each vehicle must pass through our "road worthy" inspection after all necessary repairs are made to ensure that all mechanical issues have been corrected prior to use.
Mr. Hernandez has been a great addition to our team in the more recent years and has remained instrumental in keeping Commercial Waste Services at the top of our class in regards to regulatory agency standards for mechanics and safety.
City of Hawaiian Gardens - April 2018 13
4. Organization and Staffing
Alfredo Torres: Customer Service Manager
Mr. Torres works directly with clients to ensure their satisfaction. His relatable skills allow him to navigate as a prominent member of Commercial Waste Services as the Customer Service Manager. Maintaining the standards set by his superiors, Mr. Torres brings nearly 10 years of experience in customer service and account management to the company. His calm and collected demeanor allows timely manner. Working directly with the Operations Manager and Field Manager, Mr. Torres's communication ski lls maintains a professionally necessary alliance to address any questionable invoices beforehand allowing for an efficient billing structure.
A steady maintenance of all customer service inquiries and billing reports allows Mr. Torres to survey the amount of calls received and the time required to resolve them as well as analyze and implement resolutions and solutions to these reports. Mr. Torres is responsible for the recruitment, training, and development of all customer service representatives and is aware that the agreement with the City requires an additional representative to ensure adequate coverage before the collection begins and throughout the term of the agreement.
Duties and Responsibilities
Mr. Torres will be responsible for all aspects of the Customer Service Department including maintaining a qualified and appropriate level of staff to meet the demands of the entire Commercial Waste Services customer base. In addition to staffing bilingual representatives in Spanish, Mr. Torres will continue to conduct monthly customer service meetings and quarterly training seminars on the topics of customer service satisfaction and techniques to address inquiries of all types with poise and professionalism.
City of Hawaiian Gardens -April 2018 14
4. Organization and Staffing
Ramon Alcantera: Field Manager
Mr. Alcanera has been in the waste industry since a very young age. He continues to maintain his credible reputation as a dependable refuse operator, respected route auditor and a trusted Field Manager. Mr. Alcanera has conducted implementation of waste and recycling services for the Athens district located in the Unincorporated County of Los Angeles as well as the City of West Hollywood. Mr. Alcanera's Duties also included supervising and training of all residential and commercial refuse operators as well as answering customer inquiries on the field. Mr. Alcantera raises the bar in customer service satisfaction.
The completion of both residential and commercial routes in a safe and timely manner is the chief responsibility of Mr. Alcanera with special attention to maintaining a strong and productive relationship with constituents, members of the community and all Los Angeles area code enforcement officials. Moreover, Mr.
Alcantera serves to maintain the above standard safety record of Commercial Waste Services by frequently surveying the routes in which his refuse operators serve and sustaining a fully operating gleet of vehicles at all times.
Duties and Responsibilities
Mr. Alcantera will be responsible for assisting in the implementation of the City's collection program as proposed by Commercial Waste Services. He will Assist in training refuse operators, map & route commercial, Mu It-family, and residential collection locations, initiate collection procedures, and physically monitor collection for the first 90 days or sooner. Mr. Alcantera will report directly to the operations manager to ensure that all collection and safety procedures are being followed to the letter of the agreement.
Mr. Alcantera will also be responsible for the design, implementation, and daily oversight of recycling programs proposed including curbside recycling, green waste, manure, commercial recycling, environmental waste, bulky item diversion, school recycling, and other required diversion programs. Mr. Alcantera will direct a staff of recycling personnel specifically trained in the private industry to uncover opportunities for recycling programs, design them specific to the customer's needs and implement said programs with training and follow-up education. He will also work closely with the City to obtain approval for all educational materials developed for distribution, education and evaluations for recycling options presented herein an required by the Agreement.
City of Hawaiian Gardens -April 2018 15
4. Organization and Staffing
CLEMENTS ENVIRONMENTAL
COMPANY SUMMARY
Clements Environmental Corporation {Clements) is an environmental engineering consulting firm located in Los Angeles.
Since 1987, the firm has specialized in solid waste engineering and management, environmental regulatory compliance, and facility permitting and development. Clientele includes private industry and city and county government agencies. Specific expertise includes: integrated solid waste management planning and program implementation; transfer station and Material Recovery Facility planning, permitting, and design; composting and anaerobic digestion (AD) facility development; regulatory compliance evaluations; renewable energy technologies, Zero Waste strategic planning; and feasibility analysis.
The firm has worked on the development of over 300 projects in California.
PRIMARY CONTACT
Chip Clements, P.E.
Office: {818) 267-5100 ext. 29
E-mail : [email protected]
Chip Clements, P.E. (Project Manager)
Mr. Clements has managed over 300 solid waste and recycling projects in his career in the solid waste industry and since founding Clements Environmental in 1987. These projects have included many feasibility studies including recent MRF analyses for the City of Davis, CA and Santa Maria, CA. He is currently working with Orange County Waste & Recycling on the feasibility of placing composting and AD projects at operating County Landfills. He is also assisting the Los Angeles County Dept. of Public Works in their efforts to support development of the first conversion technology ( e.g. gasification) project in LA County. In addition, he is currently leading all public education, outreach, customer enrollment, and waste characterization work for one of the City of Los Angeles exclusive franchise zones which has over 6,000 customer accounts.
REFERENCE PROJECT
Client: Universal Waste Systems
Project: City of Los Angeles, RecycLA (Exclusive Commercial Franchise) Clements Environmental has started work on a 10-year contract to provide outreach and education services to over 6,000 commercial accounts as part of the City of Los Angeles' new recycling program, "RecycLA". As sub-contractor to Universal Waste Systems, the Clements Zero Waste Team will enroll and train every commercial and large multi-family account in the Northeast Zone of the City in the new system which includes not only blue bin recycling of traditional recyclables, but also green bin recycling of organics. As of the last program update, the Zero Waste Team has conducted over 10,000 site visits and signed up 67% of these accounts for this new program . 16 City of Hawaiian Gardens -April 2018
5. Background
5. Background
CWS has conducted extensive route audits in the City of Hawaiian Gardens. CWS has counted all commercial and residential containers on multiple occasions. CWS has found many inconsistencies on the number of recycling and greenwaste containers as compared to what has been reported . CWS has taken in consideration the lack of Organic recycling in the City and has identified many businesses that will be required to create programs.
Sector 32 Gal 64 Gal
Residue Carts 1
Recycling Carts 0
Green waste Carts 2,079
Total Count 2,080
* Numbers above have been obtained from the RFP
Below is what we found to be more realistic count of Green Waste containers.
Greenwaste Cart Count
0 51
12 64
Sector Customer Owned 32 Gal 64 Gal
Bins
Green waste Carts 177 60
Total Count 177 61
10 61
96 Gal
96 Gal
*Numbers above have been obtained from the A route audit conducted by Commercial Waste Services on 3/7/2018
Why I feel the greenwaste tonnage seem to be inaccurate.
The main concern is the accuracy of the container count for green waste containers 2,250
1,962
5 4,217
3 4,215
The other issue this presents is the volume of Green Waste reported in 2017. If I plug in 510 tons in my formula (Inbound Tonnage/ Weeks Per Year) x Pounds in a Ton/ Number of Containers= Pounds Per Container 510 / 52 x 2,000 = 19,615 / 327 = 60 pounds per container 60 pounds per container average is highly unlikely. If we factor in a 25% margin of error it will come out to 45 pounds per container (still a unlikely amount) What I found to be inconsistent and unlikely.
The other inconsistency that I see is the 32 Gal Residue Carts count is 1 (Common size in the mobile home areas with limited space). it is not a large factor that the information provided needs additional verification .
Year to Year Tonnage Chart
Year Tonnage Percent Difference From Previous Year
2017 10,921.15 23.5%
2016 8,841.77 10.8%
2015 7,978.90 -15.8%
2014 9,476.23 19.8%
2013 7,908.03 -30.2%
2012 11,334.94 26.1%
2011 8,984.28 24.5%
2010 7,214.04
* Numbers above have been obtained from the RFP
The tonnage difference between 2010 and 2012 shows a 57% increase in tonnage. This is highly unlikely due to the fact that the city is built out and doesn't have room for any major development producing more waste through new businesses or through construction.
17 City of Hawaiian Gardens -April 2018
6. Work Plan and Methodology
6. WORK PLAN AND METHODOLOGY
Commercial Waste Services (CWS) recognizes the importance of a smooth transition; benefiting both the City and the haulers involved. The key components of this work plan proposed by Commercial Waste Services center around three key concepts :
1. Education;
2. Consideration; and
3. Execution
Education is an integral part of Commercial Waste Services' mission to enhance the future of waste handling services.
CWS believes an educated community is a prepared community.
6.1 Residential "Core" Cart Service
6.1.1 Automated Carts
Commercial Waste Services (CWS) believes a crucial part of the initial stages of implementation is to familiarize themselves with the community. CWS plans to achieve this by utilizing the residential data set supplied by the City to populate the customer database and prepare a City-specific distribution plan . The distribution plan's main function is to distribute Public Education Materials (PEMs) notifying the residents about the change in service, new benefits, and eligible programs.
PE Ms will provide information regarding the distribution of new carts/bins/containers, when the residents can expect them to arrive, and the service provider contact information. As compliant with state recycling mandates, CWS will include information on proper material sorting and which materials are allowed in each container. PEMs (e.g. pamphlets, flyers, ads) will be hand delivered to every residential customers to ensure that all residents receive notification.
CWS will work with the City to receive and review current solid waste and recycling services, as well as route and tonnage data. An analysis of the current waste removal schedule will be conducted to strategize and establish the most efficient and non-disruptive execution of this hauler transition.
CWS has the ability to provide the requested fully automated solid waste, recyclable materials, and green waste carts for residential customers. CWS will provide the City color options for approval, and ensure City name and logo placement are satisfactory prior to distributing carts to customers.
The following is CWS' proposed execution plan for its residential automated cart collection services :
1. During the initial carts, bins, and boxes distribution, CWS will designate a crew to deliver to 500 customers per day until all customers are services. This is the combined goal of all execution plans. Flatbed vehicles will be used to deliver carts, bins, and boxes .
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18 6. Work Plan and Methodology
1. All new carts will be accompanied by a PEM (e.g. notice, flyer, or pamphlet) describing the City's new automated collection services. The PEM will contain, at a minimum:
• Purpose and proper use of each cart;
• Proper placement of carts for collection;
• Recommended cart care;
• Collection schedule;
• Service guidelines and rules;
• Procedures for requesting additional and/or replacement carts; and • CWS contact information for each resident including appropriate telephone numbers and email addresses
2. All carts will be identifiable by a unique barcode with a corresponding serial number. Upon delivery of the containers and for each collection pick-up, these barcodes are scanned to keep records that each resident is serviced promptly and as scheduled. The barcode reader is equipped with internet access to communicate instantaneous with CWS headquarters' database and verify the customers' addresses.
3. The initial distribution team will file regular reports on the completion of each route segment to ensure full and proper cart distribution.
6.1.2 Refuse Cart Collection
See Section 6.1.1 for CWS' proposed cart execution plan.
CWS has the ability to distribute the 96-gallon Refuse Carts, 96-gallon Recycling Carts, and 64-gallon Green Waste Carts to all existing residential Cart customers. CWS will adhere to the approved Maximum Customer Rate Schedule (Attachment B of the RFP) when providing the default Carts, downsizing Carts, or providing additional Carts .
6.1.3 Recycling Cart Collection
See Section 6.1.1 for CWS' proposed cart execution plan.
Additional Recycling Carts will be available at no cost to the rate payer for up to two (2) additional 96-gallon Carts.
6.1.4 Green Waste Cart Collection
See Section 6.1.1 for CWS' proposed cart execution plan.
Additional Green Waste Carts will be available at no cost to the rate payer for up to one {l) additional 64- gallon Cart. CWS has experience in collecting bundled green waste too large to fit within the Cart, and will provide this service to its residential customers at least twice per year.
6.1.5 Refuse Cart Overage
CWS will offer at least two (2) annual pickups for refuse that does not fit within the provided automated refuse Carts at no additional cost to the rate payer.
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19 6. Work Plan and Methodology
6.1.6 Cart Colors and Markings
Through Schaefer Containers, CWS is able to provide a wide variety of colors, sizes, and markings for its residential Carts. CWS will not move forward with a color or design without receiving written approval from the City. Cart specifications and cut-sheets are provided in Attachment J of this proposal.
6.1.7 Public Outreach Program
Initial Public Outreach
Prior to beginning collection services, CWS shall hold a community meeting to introduce residents, multi-family residents, businesses, and other customers of the City's new collection services and programs.
At least two week prior to this and all future scheduled community meetings, CWS will notify all customers through either mail, phone, print advertisement, or a combination . By engaging with the community in-person early in the transition process, we aim to make customers feel comfortable and well-informed about the upcoming changes.
Demonstration carts and Public Education Materials (PEMs) will be available for customers to review and see the services available to them first hand. Additional information meetings will be held as needed during the life of the contract.
On-Going Public Outreach
Commercial Waste Services has made it its mission to educate its customers on how to effectively identify and separate recyclable materials and organics from the solid waste stream. CWS has established public education and outreach programs in other jurisdictions that have shown success with an interdisciplinary approach . This approach utilizes the support from current regulations, creative social resources, and industry minimum requirements to foster different levels of communication, sharing, and knowledge. This strategy can be paired with multiple languages (e.g. English/Spanish/Korean) and across several platforms (e.g. flyers, newspaper, workshops, and social media).
6.1.8 Bulky Item Collection
The City has requested its future hauler to provide at least six bulky item pick-ups per year, for up to five items each pick-up at no additional charge to the customer. CWS believes that this program can help to reduce illegal dumping, and therefore reduce collection vehicle miles traveled and street congestion. To fulfil its duty in providing the best service to the City possible, CWS proposes to provide up to fifty-two (52) bulky item pick-ups per year, for up to five items each pick up at no additional cost. This will give residents the flexibility and capacity to ensure their large items are removed in a timely manner instead of abandoned on the side of the road, or in other areas of the City. CWS firmly believes offering close to "unlimited" bulky item pick-ups will reduce illegal dumping, as residents will always have a free and easy way to get rid of their unwanted items.
If notified by the City or a customer of any abandoned bulky waste item(s), CWS will collect and remove the item(s) at no additional charge within 24 hours of the notice. However, no service will be provided on Saturdays, Sundays, and holidays as outlined in the RFP.
CWS is committed to achieving the maximum diversion from landfill, and will employ the full waste hierarchy of diversion until disposal is considered . Most bulky items will be sent to the Ace Diversion . Ace Diversion (SWIS No. 19-AA-1131) is located at 1530 Date Street in the City of Montebello. Ace Diversion can receive up to 175 tons of material per day. See Section 7 of this proposal for more detail on this processing facility.
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20 6. Work Pion and Methodology
6.1.9 Additional Bulky Item Service
The purpose of providing up to fifty-two (52) free bulky item pick-ups is for customers to feel free to use this service every week of the year. CWS does not expect a customer to require more than one bulky item pick-up per year, although if needed, CWS will charge a fee consistent with the Maximum Customer Rates (Attachment B of the RFP).
6.1.10 Temporary Bins
Residential customers will be provided temporary bins or boxes within 48 hours of request (not including weekends or holidays) for construction and demolition debris. CWS will use the customer rates as provided in the Maximum Customer Rates (Attachment B of the RFP).
CWS will use Distributors' Unlimited to supply all bins or boxes, and ensure to have sufficient bins or boxes readily available for customers.
6.1.11 Universal Waste & Electronic Waste
Through the bulky item collection as described in Section 6.1.8, CWS will collect u-waste and e-waste.
6.1.12 Roll-off Box and Temporary Processing
CWS is willing and able to provide permanent and temporary bin and roll-off container collection service upon request. Bins and roll-off containers will be provided to CWS by Distributors' Unlimited.
CWS will first utilize the South East Resource Recovery Facility (SERRF) which achieves 100% diversion while recovering heat value and converting this heat into renewable electricity. CWS will also utilize Puente Hills Material Recovery Facility (MRF), which is owned and operated by the County of Los Angeles to recover recyclable materials prior to landfill. CWS has a long standing relationship with the County of Los Angeles, which has a proven track record of processing mixed recyclables from businesses and residents. Non-recoverable material will be sent to the Chiquita Canyon Landfill.
SERRF (SWIS No. 19-AK-0083) is located at 120 Pier S. Avenue in the City of Long Beach. It is permitted to accept 1,380 tons per day. Puente Hills MRF (SWIS No. 19-AA-1043) is located at 13130 Crossroads Parkway South in the City of Industry. It is permitted to receive 4,400 tons per day. Chiquita Canyon Landfill (SWIS No. 19-AA-0052) is located at 29201 Henry Mayo Drive in the City of Castaic. It is permitted to accept up to 6,000 tons per day. See Section 7 of this proposal for more detail on these processing facilities.
6.1.13 SHARPS Collection
Consistent with the City's Draft Franchise Agreement, CWS will provide each residential dwelling unit, including multi-family and mobile homes, with the appropriate pre-paid postage mail back sharps collection service at no additional cost to the customer.
6.1.14 Valet Service
CWS will develop a valet service for eligible customers to move the customers' carts to and from the point of collection. Eligible customers must provide California OMV handicap credentials on an annual basis. CWS will work with the customer to ensure a smooth collection service. This service will be at no cost to the eligible customer.
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21 6. Work Plan and Methodology
6.1.15 Low-Income Senior Citizen Discount
All qualifying customers will be offered a low-income senior discount of 10% off their automated residential cart service. Qualifying customers are those age 65 and older who also qualify for Southern California Edison's CARE Program.
6.1.16 Holiday Tree Collection and Recycling
Outside of the provided bulky item pickup service, CWS will provide holiday tree collection and recycling for four consecutive weeks following December 26th . The holiday trees will be taken to Oak Tree Worm Farm to be converted in mulch, soil amendments, and/or compost. Oak Tree Worm Farm (SWIS No. 19-AA-136) is located at 13326 Little Tujunga Canyon and is allowed to accept up to 250 tons per day of organic materials. The facility has adequate capacity to handle all potential organics from the City of Hawaiian Gardens. See Section 7 of this proposal for more detail on this processing facility.
6.1.17 Mulch Give-A-Way Program
Oak Tree Worm Farm will provide free mulch, soil amendment, and/or compost for at least two mulch give-a-way events per calendar year. CWS will provide all coordination and hauling services for the mulch, soil amendments, and/or compost.
6.1.18 Holiday Schedule
CWS will provide collection services schedule during an identified Holiday on the following non-holiday calendar day.
CWS will work with the customers to ensure for a smooth collection service during these Holidays.
6.1.19 Removal and Recycling of Existing Carts
When embarking on a change of service as large as this, it is crucial to be considerate of the community, the City, and the previously contracted hauler. The first step to ensuring a smooth transition is for CWS to meet with the current hauler. CWS will share its proposed cart and container delivery schedule with the current hauler, to allow the hauler to provide comment and feedback on any potential deficiencies or time gaps. This will help give the current hauler the guidance and timeline needed to organize the removal of their own carts.
If the current hauler fails to remove their own carts, CWS has an available transitional storage facility to store these carts immediately. CWS will offer this storage space to the current hauler to encourage a smooth, quick, and efficient transition .
CWS will develop a transition facility to store equipment, bin s, containers, and carts temporarily to minimize any delays in the proposed transition schedule and missed collections. This storage facility will aid in streamlining the transition process between haulers by providing adequate space for all the carts and bins required to service the City of Hawaiian Gardens. A temporary storage location will also reduce traffic by reducing the miles CWS vehicles must travel back and forth for collection equipment. Reducing traffic has compounded benefits including eliminating unnecessary wear and tear on City streets and reducing truck emissions (greenhouse gases).
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22 6. Work Plan and Methodology
6.2 6.2.1
Residential "Optional" Collection Services
Organics and Food Waste Recycling
Commercial Waste Services will offer an optional organics and food waste recycling program to its residential customers. CWS will contract with Clements Environmental Corp. (Clements) to provide all organics progra m education, outreach, and waste characterization work. CWS, in collaboration with Clements, proposes the following for its food waste recycling program:
1. All residential customers will receive an invitation to participate in the optional food waste recycling program upon start of service, along with program-specific informational pamphlets (PEMs), and instructions on what materials are allowed and are not allowed in the cart. The program will utilize the existing residential 64-gallon green waste cart.
2. Prior to starting food waste collection services, a Clements account representative will visit the residential home to provide a one-on-one introductory presentation on food waste recycling, what to do, and what to expect.
3. On this initial site visit, the account representative will also conduct a foodwaste survey to determine an estimated foodwaste quantity and type from the enrolled household. This survey takes into consideration number of residents within the household, household grocery budget, and diet.
4. Residential customers enrolled in this program will be allowed to place their foodwaste materials in their green waste carts. Depending on the level of participation, a separate collection vehicle may service these accounts.
5. These organic materials will be delivered to Oak Tree Worm Farm to be processed into nutrient-rich compost through the vermicomposting process .
6. At least once a year, a Clements account representative will conduct a waste characterization study on the residential household's organics cart to assess the ratio of foodwaste to greenwaste, and percentage of contamination (e.g. non-organics).
7. At least one a year, Clements will facilitate a waste characterization study on the organic waste tipped at Oak Tree Worm Farm as part of this program to provide the City with information on the effectiveness and potential deficiencies of this program.
8. Residents enrolled in this program will receive quarterly PE Ms relating to organic and food waste recycling, relevant state regulations (e.g. AB 1826 and SB 1383), and any program progress reports.
6.2.2 Citywide Quarterly Clean-up Program
CWS will provide four (4) free Citywide Quarterly Clean -up events per year at no cost to the City of Hawaiian Garden. For Citywide Clean-up events in excess of the four annual events, please see Attachment B of this proposal for pricing estimates for the total cost for collection, recycling, and disposal services.
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23 6. Work Plan and Methodology
6.3 6.3.1
Multi-Family Residential "Core" Collection Service
Bins and Boxes
Consistent with the City requirements, CWS will ensure that all bins and boxes be kept graffiti free at all times, and within four hours of visible or informed sighting, will touch-up or replace any bin or box.
Similar to CWS' residential cart execution plan in Section 6.1.1, CWS proposes the following multi-family execution plan:
2. During the initial carts, bins, and boxes distribution, CWS will designate a crew to deliver to 5,000 customers per day until all customers are services. This is the combined goal of all execution plans. Flatbed vehicles will be used to deliver carts, bins, and boxes.
3. All new bins or boxes (dumpsters) will be accompanied by a PEM (e.g. notice, flyer, or pamphlet) describing the City's new collection services. The PEM will contain, at a minimum :
• Purpose and proper use of each dumpster;
• Proper placement of dumpsters for collection;
• Recommended dumpster care;
• Collection schedule;
• Service guidelines and rules;
• Procedures for requesting additional and/or replacement dumpsters; and • CWS contact information for each multi-family unit including appropriate telephone numbers and email addresses
4. All dumpsters will be identifiable by a unique barcode with a corresponding serial number. Upon delivery of the containers and for each collection pick-up, these barcodes are scanned to keep records that each resident is serviced promptly and as scheduled. The barcode reader is equipped with internet access to communicate instantaneous with CWS headquarters' database and verify the customers' addresses.
5. The initial distribution team will file regular reports on the completion of each route segment to ensure full and proper dumpster distribution.
6.3.2 Multi-Family MRF Processing
CWS will deliver multi-family containers to the SERRF plant and Puente Hills MRF. SER RF processing qualifies for 100% diversion, while the Puente Hills MRF achieves 20% diversion for solid waste and 100% for comingled recyclable loads. Between these two processing plants, CWS will achieve at least 50% diversion for all collected multi-family waste materials.
6.3.3 Bulky Item Collection
As stated in Section 6.1.8, CWS proposes to offer fifty-two (52) bulky item pick-ups per year, for up to five items each pick up at no additional cost to the customer. This will include universal and electronic wastes.
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24 6. Work Plan and Methodology
6.3.4 Bulky Item Diversion
CWS is committed to achieving the maximum diversion from landfill, and will employ the full waste hierarchy of diversion until disposal is considered. Most bulky items will be sent to the Ace Diversion. Ace Diversion (SWIS No. 19-AA-1131) is located at 1530 Date Street in the City of Montebello. Ace Diversion can receive up to 175 tons of material per day. See Section 7 of this proposa l for more detail on this process ing facility.
6.3.5 Universal Waste & Electronic Waste
Both universal waste and electronic waste will be collected through the bulky item collection as described in Section 6.3.3.
6.3.6 Sharps Collection Program
Pre-paid postage mail back sharps collection service will be provided to each residential dwelling unit at no additional cost to the customer.
6.3.7 Holiday Tree Collection and Recycling
Outside of the provided bulky item pickup service, CWS will provide holiday tree collection and recycling for three consecutive weeks following December 25th as outlined in the RFP. Holiday trees will be taken to Oak Tree Worm Farm to be converted in mulch, soil amendments, and/or compost. Oak Tree Worm Farm (SWIS No. 19-AA-136) is located at 13326 Little Tujunga Canyon and is allowed to accept up to 250 tons per day of organic materials. The facility has adequate capacity to handle all potential organics from the City of Hawaiian Gardens. See Section 7 of this proposal for more detail on this processing facility.
6.3.8 Green Waste/ Organics Recycling Collection
To help the City meet the requirements of AB 1826, the mandatory commercial and multi-family organics recycling regulations, CWS will enroll al l multi-family businesses in an organics recycling program. With the help of Clements, CWS proposes the following for the multi-family organics recycling program :
1. All multi-family complex owners and residents will receive an invitation to participate in the organics program upon start of service, along with program-specific informational pamphlets (PEMs), and instructions on what materials are allowed and are not allowed in the cart. This program will offer a new 96-gallon green waste cart.
2. In addition to the PEMs, all multi-family complex owners and residents will initially receive information about AB 1826 regulatory requirements. As new regulations are adopted, these customers will received updated information as applicable to their collection service.
3. Prior to starting food waste collection services, a Clements account representative will visit the multi-family complex to provide a one-on-one introductory presentation on food waste recycling, what to do, and what to expect.
4. On this initial site visit, the account representative will also conduct a foodwaste survey to determine an estimated foodwaste quantity and type from the enrolled household. This survey takes into consideration number of residents within the household, household grocery budget, and diet.
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25 6. Work Plan and Methodology
5. Multi-family customers enrolled in this program will be allowed to place their foodwaste materials in their green waste carts. Depending on the level of participation, a separate collection vehicle may service these accounts.
6. These organic materials will be delivered to Oak Tree Worm Farm to be processed into nutrient-rich compost through the vermicomposting process .
7. At least once a year, a Clements account representative will conduct a waste characterization study on the residential household's organics cart to assess the ratio of foodwaste to greenwaste, and percentage of contamination (e.g. non-organics).
8. At least one a year, Clements will facilitate a waste characterization study on the organic waste tipped at Oak Tree Worm Farm as part of this program to provide the City with information on the effectiveness and potential deficiencies of this program.
9. Residents enrolled in this program will receive quarterly PE Ms relating to organic and food waste recycling, relevant state regulations (e.g. AB 1826 and SB 1383), and any program progress reports.
6.4 Commercial "Core" Collection Service
6.4.1 Bin Refuse Collection and Processing
Commercial Waste Services (CWS) will utilize Distributors' Unlimited to supply all collection bins (e.g. 2, 3, 6, 30, and 40 cubic yard bins) for commercial accounts. CWS will have sufficient collection bins in stock to create new recycling accounts for all commercial customers.
CWS proposes the following for the commercial bin execution plan:
1. CWS will work in cooperation with the current contracted hauler to minimize service disruption and ensure a seamless transition for City customers.
2. A variety of container trucks will be used to deliver these containers to each customer. Container trucks are designed to deliver the commercial containers without damaging the surface of the customer's property. a. The trucks are considered "light duty" and equipped with noise mufflers to not disturb residents.
If need be, these trucks can be used to pull out dumpsters from tight alleyways or other hard to service areas .
3. Depending on the commercial accounts' needs, CWS will use container storage trucks to deliver one dumpster at a time, or multiple containers simultaneously.
CWS strives to provide the safest, environmentally protective, and most efficient truck fleet possible by equipping collection vehicles with one or more of the following:
• "Pack at idle systems" and Engine Idle time limiter to reduce emissions • Automatic transmissions that reduce emissions and allow drivers to focus more on their surroundings and safety versus shifting gears
• Retarders to assist in braking.
• Larger than industry standard brake lining to improve overall braking performance City of Hawaiian Gardens - April 2018
26 6. Work Plan and Methodology
All CWS trucks and vehicles will be equipped with the following:
• Outfitted with Safety Equipment (e.g. back-up alarms and flashers) • Rear camera that relays images onto a monitor inside the truck cab to show the driver what is behind him in the truck's blind spot
All bins, equipment, and vehicles will subject to a routinely scheduled maintenance program and be kept in a "like new," safe, and clean operating condition throughout the term of the agreement. We accomplish this by using synthetic or semi-synthetic fluids that allow for extended oil drain intervals in engines, transmissions, differentials and hydraulic systems. The use of these fluids reduces the amount of virgin petroleum stock required as well as reduces the amount of used oils that are returned to the environment.
All collected materials will be sent to the appropriate processing facility to achieve maximum recovery and diversion from landfill.
6.4.2 Bins and Boxes
Consistent with City requirements, CWS will ensure that all bins and roll-off boxes be kept graffiti free at all times, and within four hours of visible or informed sighting, will touch-up or replace any bin or box.
Please see Section 6.3.1 for CWS' proposed execution plan for its bin and box program.
6.4.3 Missed Collection
If a customer experiences a missed pick-up and it is reported to CWS by noon, CWS will ensure the service is provided on the same day. If the missed pick-up is reported after 12:00 p.m., then CWS will provide the service the next business day.
6.4.4 Commercial Recycling Program
To achieve compliance with AB 341, all businesses will be offered both single-stream and comingled sourceseparated recycling services. CWS will implement a dynamic commercial recycling program, to ensure maximum customer participation, minimum bin contamination, and high landfill diversion. Clements Environmental Corp. (Clements) will provide all hands-on education, outreach, and waste characterization work. CWS proposes the following commercial recycling program:
1. All commercial businesses will receive an invitation to participate in a recycling program, in either or both single-stream or comingled recycling containers. Businesses will receive Public Educational Materials (PE Ms) about the different program types, benefits to the business, costs, and statewide recycling goals.
2. Any customer who elects to implement an on-site recycling program, will be provided the service of their choosing. Upon or after delivery of the bin, a CWS representative will help each business set up best recycling practices focused around three components : a) bin care; b) business care; and c) staff care. a. Bin Care - A Clements representative will provide PE Ms and in-person guidance on bin placement, bin maintenance, and bin labeling. CWS contact information will be provided incase the customer needs assistance or bin repair.
b. Business Care - The Clements representative will provide PEMs that the business can post in employee common areas, and near waste receptacles to aid in educating staff on proper recycling separation practices.
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27 c.
6. Work Plan and Methodology
Staff Care - Upon coordination with the business, Clements will provide one annual on-site staff training session to any business enrolled in this recycling program at no additional cost to the customer. Training sessions will include a mixture of the following educational tools :
demonstrations, videos, and open forum discussion.
3. All recyclable material recovered from this program will be taken to the SERRF plant, or the Puente Hills MRF.
4. At least once year per, Clements will perform a waste characterization study on one load of recyclable material from the City's commercial recycling program to determine the percentage of contamination.
5. Upon request, Clements will offer one annual waste characterization study to each commercial customers.
This will help businesses understand their recycling practices strengths and weaknesses.
6. Businesses enrolled in this program will receive quarterly PEMs relating to recycling, relevant state regulations, and any program progress reports.
7. CWS will coordinate with Clements on program implementation, success, and deficiencies. All records will be maintained for review by the City.
6.4.5 Organics Recycling Program
In compliance with AB 1826, CWS will evaluate each commercial business to determine the estimated solid waste and organic waste generated per week. CWS will compare this waste study with the current collection services to assess which businesses are currently in compliance with these regulations, and which businesses to target for program implementation. CWS will complete this assessment as expeditiously as possible to understand the City's commercial businesses' waste generation.
Consistent with the requirements of AB 1826, all businesses which generate eight (8) cubic yards or more of solid waste, or four (4) cubic yards or more of organic waste per week will be offered organic waste recycling services.
Starting January 1, 2019, all businesses which generate four (4) cubic yard or more will be offered organic waste recycling services.
CWS proposes to offer all businesses organic waste recycling services, but will target the businesses as described above. Clements will provide all education, outreach, and waste characterization work. CWS proposes the following organics recycling program :
1. All commercial businesses will receive an invitation to participate in the organics program upon start of service, along with program-specific informational pamphlets (PEMs), and instructions on what materials are allowed and are not allowed in the cart. This program will offer a new 96-gallon green waste cart.
2. In addition to the PEMs, all businesses will initially receive information about AB 1826 regulatory requirements. As new regulations are adopted, these customers will received updated information as applicable to their collection service.
3. Prior to starting food waste collection services, a Clements account representative will visit the business to provide a one-on-one introductory presentation on food waste recycling, what to do, and what to expect.
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28 4.
6. Work Plan and Methodology
On this initial site visit, the Clements account representative will also conduct a foodwaste survey to determine an estimated foodwaste quantity and type from the enrolled business. This survey takes into consideration number of persons within the business, number of work shifts, and business operational hours.
5. Businesses enrolled in this program will be provided a 64-gallon or 96-gallon green waste cart and be allowed to place their foodwaste materials in this green waste carts. Depending on the level of participation, a separate collection vehicle may service these accounts.
6. These organic materials will be delivered to Oak Tree Worm Farm to be processed into nutrient-rich compost through the vermicomposting process.
7. At least once a year, a Clements account representative will conduct a waste characterization study on the business' organics cart to assess the ratio of foodwaste to greenwaste, and percentage of contamination (e.g. non-organics).
8. At least one a year, Clements will facilitate a waste characterization study on the organic waste tipped at Oak Tree Worm Farm as part of this program to provide the City with information on the effectiveness and potential deficiencies of this program.
9. Businesses enrolled in this program will receive quarterly PE Ms relating to organic and food waste recycling, relevant state regulations (e.g. AB 1826 and SB 1383), and any program progress reports.
6.4.6 Commercial AB 341 and AB 1826 MRF Processing
For any businesses that do not enroll in either the commercial recycling program or the organics recycling program, but are subject to AB 341 and AB 1826, CWS will ensure this was is processed at a MRF to achieve at least 50% landfill diversion.
Third Party Recycling
If the business uses a third-party recycling service, then CWS will obtain evidence of this service and provide to the City.
If the business does not use a third-party recycling service, and refuses to implement the required programs, then the business will be charge a MRF processing and recovery fee consistent with the City's Maximum Customer Rates.
6.4.7 Temporary Bin and Roll-Off Box Services
Similar to the service described in Section 6.1.10, CWS will provide temporary bins, roll -off box service, and/or construction and demolition boxes to residential and commercial customers w ithin 48 hours of request (not including weekends or holidays).
Temporary Bin and Roll-Off MRF Processing
Similar to the service described in Section 6.1.12, CWS is willing and able to provide permanent and temporary bin and roll-off container collection service upon request. Bins and roll-off containers will be provided to CWS by Distributors' Unlimited.
City of Hawaiian Gardens - April 2018
29 6. Work Plan and Methodology
CWS will first utilize the South East Resource Recovery Facility (SER RF) which achieves 100% diversion while recovering heat value and converting this heat into renewable electricity. CWS will also utilize Puente Hills Material Recovery Facility (MRF), which is owned and operated by the County of Los Angeles to recover recyclable materials prior to landfill. CWS has a long standing relationship with the County of Los Angeles, which has a proven track record of processing mixed recyclables from businesses and residents . Non-recoverable material will be sent to the Chiquita Canyon Landfill.
See Section 7 of this proposal for more detail on these processing facilities .
6.4.8 On-Call Bulky Item Collection
At the start of service, CWS will inform the commercial business of the available on-call bulky item pick-up collection services. All businesses will receive PE Ms describing this service and how to utilize it.
6.4.9 On-Call E-Waste and U-Waste Recycling Collection
Similar to the Residential and Multi-Family bulky item collection services, CWS will allow e-waste and u-waste to be collected in the commercial bulky item pick-ups.
6.4.10 Missed Collection
Please see Section 6.4.3.
6.4.11 Locking Bins
CWS shall provide locking bin service consistent with the approved City rates.
6.5 Construction and Demolition Debris
6.5.1 Bins and Boxes
Consistent with City requirements, CWS will ensure that all bins and roll-off boxes be kept graffiti free at all times, and within four hours of visible or informed sighting, will touch-up or replace any bin or box.
Please see Section 6.3.1 for CWS' proposed execution plan for its bin and box program.
6.5.2 Missed Collection
If a customer experiences a missed pick-up and it is reported to CWS by noon, CWS will ensure the service is provided on the same day. If the missed pick-up is reported after 12:00 p.m., then CWS will provide the service the next business day.
6.6 Green Waste Final Disposition (All Sectors)
All collected greenwaste from the City of Hawaiian Gardens will be sent to either Oak Tree Worm Farm, or the SER RF plant. Oak Tree Worm Farm will process the greenwaste into mulch, soil amendments, and compost through chipping, grinding, and vermicomposting activities. The SERRF plant achieves 100% diversion through its processing City of Hawaiian Gardens - April 2018
30 6. Work Plan and Methodology
system, and recovers heat to produce renewable energy. Between these two facilities, CWS is confident it will be able to achieve the maximum diversion credit for the City.
As outlined in this proposal, CWS will conduct annual waste characterization studies to evaluate programs' success and deficiencies. One of the main obstacles with regards to recycling is contamination. CWS plans to implement an interdisciplinary approach to the education and outreach for the City's customers across all accounts: residential, multi-family, commercial, and construction and demolition debris. Through active public education and technical waste audits, CWS will be able to provide the City with its monitoring reports and program plans.
6.7 City Facilities and Special Collection
Commercial Waste Services (CWS) will provide all City facilities with solid waste and recycling collection services at no charge. On-call e-waste, u-waste, and green waste collection will also be provided at no charge.
6.7.1 Special Events
CWS will provide, at no cost to the City, solid waste and recycling services for the current twelve (12) special annual events. CWS will coordinate with City staff on date, time, and location as well as preferred boxes, bins, or cardboard box receptacles to ensure a successful event. Pending City approval and input, CWS anticipates the following special event execution plan :
1. City to provide CWS with anticipated date of the events when events are tentatively scheduled.
2. CWS will work with City to identify event details as related to solid waste generation:
• Lot size of event (e.g. 20,000 square-foot building; football field, etc.) • Time duration of event
• Number of anticipated recipients
• Number of anticipated vendors (e.g. food and drink vendors, hydration stations, snack giveaways)
3. Based on event information and City input, CWS will work with the City to determine the appropriate number and size of trash and recycling receptacles. If the team anticipates a high rate of foodwaste or other compostable organics, then CWS will also provide an organics waste receptacle.
4. CWS will provide the agreed upon receptacles (i.e. cardboard box receptacles, bins, or roll-offs) and have extra receptacles in stock to supply additional receptacles as needed, or to replace filled receptacles.
5. CWS will coordinate with the event planners to identify possible areas that CWS can participate in the event, either through CWS hosting an informational booth, sponsorship, or on-site CWS representative(s) to help with waste and recyclable sorting. This additional services will be provided at no cost to the event.
6. When the event has ended, CWS will provide event clean-up services to patrol for loose litter and remove receptacles. CWS will work with the City and event planners to coordinate the clean -up time and responsibilities (i.e. break down of booths, vendor clean-up, etc.). As necessary, CWS will provide vendors with event clean-up guidelines.
7. All collected waste will be sent to a process ing facility for maximum diversion . All solid waste and recyclables will be sent to either the SERRF Plant or Puente Hills MRF.
City of Hawaiian Gardens - April 2018
31 6. Work Plan and Methodology
• If organic waste receptacles are provided at the special event, then CWS will perform one random load check to assess the amount of contamination in the organic waste receptacles. When the level of non-organic contamination is deemed acceptable, all organic waste collected will be sent to Oak Tree Worm Farm for further processing. When the level of non-organic contamination is deemed unacceptable (e.g. too many recyclables), all organic waste collected will be sentto the SERRF Plant or Puente Hills MRF for further processing.
8. On an annual, or as requested basis, CWS will provide the City with data collected from these events.
6.7.2 Large Venue and Event Recycling
As described above in Section 6.7.1, CWS will work with event planners of large venue and special events to identify waste needs. In addition, CWS will assist these events in ensuring compliance with applicable recycling regulations such as AB 2176.
6.7.3 Abandoned Item Collection
CWS will remove any items left in the City's right-of way within one business day of notification. CWS is committed to achieving the maximum diversion from landfill, and will employ the full waste hierarchy of diversion until disposal is considered.
6.7.4 Additional Collection Service Requirements
Per the RFP, CWS agrees to provide all additional collection service requirements .
6.7.5 On-Call E-Waste and U-Waste Recycling Collection
CWS will provide on-call collection services for both universal waste and electronic waste items from any City facility.
6.8 Waste Diversion and Disposal Reporting Requirements CWS will maintain accurate records of all data related to this proposal including, but not limited to, the education, collection, diversion, and disposal services. CWS will ensure that its records are consistent with State and local reporting requirements.
Monthly and quarterly reports shall be provided to the City in a timely manner and consistent with the requirements as outlined by the City. CWS will coordinate with the City on the first monthly and quarterly reports to ensure all necessary data is included. Per request at any time during this contract, CWS will provide the City with a copy of its records and reports on any of the implemented programs within the City.
City of Hawaiian Gardens - April 2018
32 7. Disposal & MRF Facilities
7. Disposal & MRF Facilities
Facility Descriptions Required in Proposal
CWS will utilize internally owned and operated facilities in addition to Los Angeles County Sanitation Districts' facilities. What sets CWS apart from other organizations is tour unique combination of utilizing a Processing Facility, often referred to as a Material Recovery Facility (MRF) or Waste to Energy Facility, along with a commitment to educating residents and businesses to properly source separate their waste to optimize diversion credits. With these efforts, CWS is confident that it will be able to meet and exceed AB341 and AB1826 requirements prior to the anticipated contract start date. Actively working towards a common goal engaging residents and businesses alike will help the city succeed in its plans to perform as efficiently and resourcefully as possible
City of Hawaiian Gardens -April 2018 33
7. Disposal & MRF Facilities
Processing Facilities
i. Commodity/Materials to be Residue, Comingled Recyclables, & Green Waste delivered to each facility
ii. Diversion rate for each Residue- 20%
waste stream Comingled Recyclables - 100%
II Green Waste - 100%
Puente Hills Materials Recovery Facility (MRF)
13130 Crossroads Parkway South
iii. The name, address, and City of Industry, CA 91746
type of facility (562) 908-4288
Monday - Saturday 6:00 a.m. - 5:00 p.m.
Material Recovery Facility (Commingled Debris - Greenwaste) iv. Facility Solid Waste
Information Systems (SWIS) 19-AA-1043
Number
v. Statement regarding any
relationship between the
proposer and the facility See Attached Letter
owner/operator
Tons Per Day Accepted 4,400
Contact Person Bob Asgian
City of Hawaiian Gardens -April 2018 34
7. Disposal & MRF Facilities
i. Commodity/Materials to be delivered to each facility Residue ii. Diversion rate for each waste stream
Residue - 100%
SouthEast Resource Recovery Facility
(SERRF}, Long Beach
120 Pier S Avenue
Long Beach, CA 90802
iii. The name, address, and type of facility (562) 570-7840 Monday - Friday: 6:00 a.m. - 5:00 p.m.
Saturday: 6:00 a.m. - 12:00 p.m.
Sunday: Closed
Waste to Energy Facility
iv. Facility Solid Waste Information Systems (SWIS) Number 19-AK-0083 v. Statement regarding any relationship between the proposer and See Attached Letter the facility owner/operator
Tons Per Day Accepted 1,380 Tons Per Day
Contact Person Michele York
SER RF is a permitted waste to energy facility owned and operated by the Sanitation Districts of Los Angeles County. SERRF waste to energy facility is a great tool to help the city of Hawaiian Gardens optimize diversion goals. It is a solid waste management facility that uses mass burn technology to reduce the volume of solid waste by about 80%, while recovering electrical energy. SER RF processes an average of 1,290 tons of municipal solid waste each day and generates enough power each year to supply 35,000 residential homes with electricity. Although CWS does not own or manage Southeast Resource Recovery Facility (SERRF), Long Beach, from years of experience in waste management, we have developed relationships with various companies who excel in their fields such as described above.
City of Hawaiian Gardens -April 2018 35
7. Disposal & MRF Facilities
i. Commodity/Materials to be C&D (Construction & Debris) delivered to each facility
ii. Diversion rate for each
waste stream C&D- 87%
Ace Diversion :,
1530 Date St
Montebello, CA 90640
iii. The name, address, and
type of facility (323) 728-9554
24 Hours A Day 7 Days Per Week
Construction and Demolition, Bulky Item, and Off Hour Emergency Service Facility
iv. Facility Solid Waste
Information Systems (SWIS} 19-AA-1131
Number
v. Statement regarding any
relationship between the
Owned by Managing Partners of Commercial Waste Services proposer and the facility
owner/operator
Tons Per Day Accepted 175 Tons
Contact Person Albert Kanoian
Ace Diversion is a permitted Construction & Demolition Recycling Facility located in the city of Montebello. Ace Diversion processes Wood, Drywall, Steel, Aluminum, Plastic, Cardboard, Paper and Styrofoam. Ace Diversion operates in a fully enclosed 36,000 sq foot building. Currently Ace Diversion is able to maintain a diversion rate greater than 85%. All construction and demolition debris from the city of Hawaiian Gardens will be scheduled to be delivered to this facility. Ace Diversion will be the primary location Construction and Demolition Debris as well as bulky items will be taken to. Ace Diversion will also accommodate CWS for any emergency services with its 24/7 operating hours. CWS owns and manages 100% of Ace Diversion.
City of Hawaiian Gardens -April 2018 36
7. Disposal & MRF Facilities
i. Commodity/Materials to be Organic delivered to each facility ii. Diversion rate for each
waste stream Organic - 100%
Oak Tree Worm Farm
iii. The name, address, and 13326 Little Tujunga Canyon Road type of facility (818) 890-9569
M-Sa 6:00 am - 5:00 pm
Food Waste, Manure Facility
iv. Facility Solid Waste
Information Systems (SWIS} 19-AA-1136
Number
v. Statement regarding any
relationship between the Commercial Waste has a long standing relationship with Oak Tree Worm Farm to proposer and the facility process its Organic Materials. owner/operator
Tons Per Day Accepted 150
Contact Person Haig Matosian
Vermicompost Is the most environmentally friendly process to process food waste. It does not require the use of any electricity or gas. Worm composting is using worms to recycle food scraps and other organic material into a valuable soil amendment called vermicompost, or worm compost. Worms eat food scraps, which become compost as they pass through the worm's body. Vermicomposting is an all organic process allowing the city to truly be green. This facility will help the city of Hawaiian Gardens to be in compliance with AB1826.
City of Hawaiian Gardens -April 2018 37
7. Disposal & MRF Facilities
Disposal Facilities
i. Commodity/Materials to be Residue delivered to each facility ii. Diversion rate for each waste
stream Residue -0%
Chiquita Canyon Landfill
29201 Henry Mayo Dr.
iii. The name, address, and type Castaic, CA 91384
of facility (661) 257-3655
4:00am - 5:00 pm
Non Hazardous Landfill
iv. Facility Solid Waste
Information Systems (SWIS) 19-AA-0052
Number
v. Statement regarding any
relationship between the
See Attached
proposer and the facility
owner/operator
Tons Per Day Accepted 6,000
Contact Person Mike Dean
Commercial Waste Service does not intend to utilize Chiquita Canyon Landfill. We have listed the facility as a backup facility if for any reason the listed facilities have temporary or permanent issues where they would not be able to accept waste from the City of Hawaiian Gardens.
City of Hawaiian Gardens -April 2018 38
8. Schedule of Service
Residential Collection:
Option 1 (recommended)
All routes are analyzed to determine the most efficient and effective schedule for both CWS and the Cities we service. Based on our recent evaluation, CWS proposes the following revised schedu le. All residential customers will be transitioned to a 4 day per week Service (MTWF). Thursdays have been deliberately excluded to avoid any interference with the street sweeping services that occur on those days. CWS also recommends that we assign a single driver to the same neighborhoods in order to provide a more personalized service for residents as well as a familiarity for the driver to the area that will develop over time. In our professional experience, doing so allows drivers to adjust their routes as time progresses to adapt to the neighborhood's needs and provide the residents with the best service possible.
With vehicles present in the area so frequently, bulky item pick-ups and additional (non-scheduled) pickups are made easier. In doing so, abandoned bulky items will not be an issue, which as of late have become a significant issue for many cities in the greater Los Angeles area.
Additionally, in spreading out the service to multiple days per week, fewer trucks are required to service the city allowing for those resources to be allocated in other areas as needed.
Su
X
M
7:00am -
5:00pm
*Above is residential schedule
Option 2
T
7:00am -
5:00pm
w
7:00am -
5:00pm
Th
X
F
7:00am -
5:00pm
Sa
make-up
day
Alternatively, CWS proposes maintaining the current schedule to provide residential service on Wednesday for residential. Three (3) carts will be delivered to each resident and all will transition to an automated service system. **CWS proposed schedule of services is only a recommendation. All final decisions are left to the discretion of the City.
Holiday Schedule:
CWS Observes the following holidays:
Memorial Day
July 4th
Labor Day
Thanksgiving Day
Christmas Day
New Year's Day
Should said holidays fall on any of the above revised schedule pickup weekdays (MTWF), service will be suspended on that day and resumed on the following business day. In addition, each area's designated driver will conduct a "make-up" pick-up (typically on the Saturday following the holiday).
City of Hawaiian Gardens - April 2018
39 8. Schedule of Service
Commercial Collection:
CWS analysis of the current commercial collection schedule has determined that it fits the City's needs as well as the needs of CWS best. CWS proposes to maintain the current schedule with no changes.
Su
7:00am -
5:00pm
M
7:00am -
5:00pm
T
7:00am -
5:00pm
City of Hawaiian Gardens - April 2018
w
7:00am -
5:00pm
Th
7:00am -
5:00pm
F
7:00am -
5:00pm
Sa
7:00am -
5:00pm
40 9. Equipment List
9. Equipment List
Make Peterbilt Peterbilt Peterbilt
Model 320 320 320
Year 2014 2015 2016
Mileage 63,009 48,911 47,963
Vehicle Id# 3BPZL20X9EF237716 3BPZL20X7FF298354 3BPZL20X4GF101593 Fuel CNG CNG CNG
Waste Stream Residential Trash Residential Trash Residential Green/ Recycling
Make Peterbilt Peterbilt Peterbilt
Model 320 320 320
Year 2017 2017 2017
Mileage 29,402 30,901 32,716
Vehicle Id# 3BPZLH0X2HF107980 3BPZLH0X2HF107981 3B PZLH0X2HF107982 Fuel CNG CNG CNG
Waste Stream Commercial Trash Organic Waste Commercial Recycling City of Hawaiian Gardens - April 2018
41 10. Employee Safety and Training
Fleet Safety Management Program
Applicability:
This program applies to all employees of Commercial Waste Services who drive as a function of their employment.
Purpose and Scope:
The purpose of the Fleet Safety Management Program is to prevent vehicle accidents; prevent injuries to employees and the public, while also protecting Commercial Waste Services assets and reputation .
To drive safely is the responsibility of every driver. This means drives defensively; anticipating the mistakes, actions, recklessness, or absentmindedness of pedestrians or other drivers; and being prepared at all times to do everything a professional driver can do to prevent an accident.
Commercial Waste Services requires well-trained, alert drivers who conduct themselves at all times in a manner that will reflect well upon the company and the driver.
Drivers are required to observe all rules and procedures outlined in this program at all times.
Implementation:
Ruben Hernandez is the company's fleet safety supervisor. Ruben will be responsible for the implementation and maintenance of the fleet safety program. The fleet safety supervisor will be responsible for training new and existing drivers at regular determined intervals; maintaining CDL and DOT files; they will also be responsible for completing timely accident investigations and implementing any necessary corrective actions. The fleet safety manager will also communicate with drivers, mechanics, and senior management on matters related to fleet safety.
City of Hawaiian Gardens - April 2018
42 10. Employee Safety and Training
Requirements:
A. Conditions of Employment
1. Qualifications for Drivers
To qualify for a driving position drivers must meet the following conditions:
a. Be at least 21 years old to operate a commercial vehicle, and at least 25 years old if operating a truck and trailer combination .
b. Must be able to read and speak English, and write legibly. c. Have a current Commercial Driver's License (CDL) with the required endorsements for the work to be performed.
d. Be able to drive a vehicle safely, be in good health, and be physically able to perform all duties of a driver. For CDL drivers, before employment and as required thereafter, drivers must pass the physical examination prescribed by the Department of Transportation (DOT). e. Know how to safely load and secure cargo.
f. Provide ongoing notification of all motor vehicle violations. A driver convicted of a traffic violation must notify the fleet safety supervisor immediately.
g. Have knowledge of and adhere to company rules, DOT safety regulations, and state and municipal traffic laws whenever driving company vehicles or personal vehicles for organization business . h. Have in their possession while driving company vehicles a valid and properly endorsed license from their state of residence and, for CDL drivers, a valid medical certificate. i. Must advise the company by the next business day after receiving notification of a loss of privileges to operate a commercial vehicle or being disqualified from operating a commercial vehicle.
j. Must pass a pre-employment drug-screen and participate in the company's ongoing drug-testing program.
k. CDL drivers must pass a road test prior to employment.
City of Hawaiian Gardens - April 2018
43 2.
10. Employee Safety and Training
Employment Practices
a. Potential new-drivers sha ll be screened with a pre-hire checklist prior to completing the formal application . A decision to al low app lication will be based on:
• Driver experience
• Previous employm ent
• Driving record
• Reference checks from previous supervisory personnel
b. Driver applicants will be required to provide a DMV print-out that is not more then 10-days old; print-out must include a 10-year history. Both personal and commercial records will be reviewed. c. All drivers shall be qualified according to the Motor Carrier Safety Regulations. All documents will be kept in the employee's personnel file .
3. Driver Pre-Qualification
All driving records are rated in accordance with the Safety Rating Plan outlined below. All drivers are classified by driving experience and motor vehicle records for both personal and commercial driving records for the past ten years as availab le.
a. All drivers are rated by taking into account their driving record which includes:
• Motor Vehicle Records (MVRs)
• Number of years of driving experience
• Driving experience in sim ilar vehicles to be used
b. Points are assigned as follows :
• Moving violations 1 point each
• First preventable accident 1 point
• Subsequent preventable accident 2 points
• Subsequent moving violation 2 points
• Driving with suspended license 2 points
• Driving without insurance 2 points
• Negligent driving 2 points
• Improper or erratic lane changes 2 points
• Major violation 6 points
- Driving under the influence of drugs or alcohol
- Hit and run
- Reckless driving
- Refusal for drug or alcohol testing
- Ticketed offences involving a fatality
- Evading a police officer
City of Hawaiian Gardens - April 2018
44 C.
d.
•
•
10. Employee Safety and Training
Preferred Drivers and Under Review Drivers:
A driver with "O" points is preferred .
A written notification will be given to any driver with points and they will be notified in writing that they are subject to frequent review.
Excluded Drivers are those with six or more points and they are excluded from operating company vehicles or operating personal vehicles for company business .
4. Excluded Driver Procedure
This procedure has been established to gain more knowledge of the excluded driver problem and to provide a course of action which will effectively manage the problem. The intent is to treat all excluded drivers in a fair and consistent manner.
a. Following the normal driver rating process, each excluded driver will be monitored until their motor vehicle record (MVR) is upgraded to an approved status or they are no longer involved in the program.
b. A copy of each excluded drivers MVR will be placed in a special file for all excluded drivers. c. Once each quarter a new MVR for each driver in the excluded file will be ordered and reviewed for additional violations. This will be done on or near the first day of January, April, July, and October.
d. Personnel at the six-point level will remain excluded.
5. Driver Supervision
a. Driving records will be reviewed as outlined above.
b. All vehicle accidents will be reviewed by an Accident Review Committee to determine preventability. The involved driver will be advised of the decision and subject to a job performance review with management.
• A preventable accident is any accident in which the driver failed to do everything that could have reasonably been done to prevent the accident.
• A non-preventable accident is one in which the driver did everything he could reasonably have done to foresee the conditions leading to the accident and took suitable safeguards. (see Appendix A).
c. Drivers will be monitored based on safety instruction provided in driver meetings and as outlined in this program. Driver evaluations (ride-along and ride-behind) will also be done on a regular basis by management using the following targeting techniques : (see Appendix B) • Previous driver observations
• Condition of vehicle
• Driver Report Systems or third-party reports
• Drivers with MVR activity
• Reports of unsafe acts
• Incidents
• Vehicle condition reports
City of Hawaiian Gardens - April 2018
45 10. Employee Safety and Training
• New drivers
Driver recognition will be provided to excellent drivers. d. Supervisory staff is responsible for ensuring that the maintenance of the equipment is prompt and comprehensive .
6. Probationary Period
All employees will begin a probationary period on the first day of employment in accordance with the Employment Handbook. The probationary period is a trial period during which a new employee's job performance is carefully observed by the supervisor. Probationary employees may resign or may be terminated for any reason without notice. An employee who successfully completes the probationary period becomes a regular employee and will be given a formal written evaluation at that time.
All regular employees are subject to disciplinary action if there are reasonable grounds to believe they:
• Violated work safety requirements or procedures, or violated a standard of behavior. • Failed to perform in a satisfactory manner.
• Have been involved in conduct which could result in an adverse effect.
The disciplinary action will be based on employee's conduct, past record, length of service, and surrounding circumstances . A supervisor may start the disciplinary process with informal counseling, oral or written warnings, probation, demotion, or suspension in accordance with our Employment Handbook.
Matters pertaining to faulty or below average operation will be discussed with drivers in a manner that will attempt to correct the problem and teach proper procedures. Staff will, at all times, be given an opportunity to present their version of such situations.
Warning notices will be given personally to driving employees for failure to heed and carry out organization operating rules. We believe that safety is a byproduct of doing the job correctly.
City of Hawaiian Gardens - April 2018
46 10. Employee Safety and Training
B. Employee Training
1. New Employee Training
a. All new drivers will be required to complete the Smith System's Defensive Driving Course which can include classroom, on line, or on-road training. b. All training will be conducted by either the fleet safety supervisor, or another designated employee who has completed the Smith System's Train-the-Trainer Course.
c. Training content, topics, and learning objectives will follow the Smith System outline.
d. All training will be documented and maintained in employee file.
2. Existing Employee Training
a. Drivers will be evaluated annually by the fleet safety supervisor or designated employee who has completed the Smith System Train-the-Trainer Course. Any driver who does not obtain a satisfactory rating will be required to complete the Defensive Driving Course again as a refresher.
b. All employees will be required to participate in monthly driver safety meetings.
These meetings are used to communicate health and safety topics relative to commercial drivers. Topics will be determined by the fleet safety supervisor.
C. Fleet Policies
1. Unauthorized personnel in a company owned vehicle is prohibited unless authorized in advance by a member of senior management.
2. You must be clean and dress as neatly as the nature of your work will permit. A neat appearance helps maintain a positive public and customer image.
3. Vehicles are to kept clean; this includes mirrors and windows.
4. We encourage driver suggestions that may improve safety, service, or working conditions.
5. Safety must always be your first priority. Employees will comply with all safety laws. It is the responsibility of each of us to ensure that our company operates safe equipment on our highways. Additionally, we must carry out assigned duties in a safe manner.
6. Employee safety responsibilities:
a. Observe all company safety and health rules and apply the principles of accident prevention in your day to day duties.
City of Hawaiian Gardens - April 2018
47 b.
10. Employee Safety and Training
Report any job related injury, illness, or property damage to your supervisor immediately. c. Report any hazardous conditions and unsafe acts to your supervisor promptly. d. Follow all hazard-warning and no smoking signs.
e. Keep all emergency equipment such as fire extinguishers, etc. clear and accessible. f. Do not report to work under the influence of alcoholic beverages or drugs. Report to your supervisor any medical limitations or prescription or over the counter medications that could influence driver attentiveness. Do not use alcoholic beverages or drugs while on organization premises or when conducting organization business. All violations will result in immediate disciplinary action.
g. Operate only the equipment for which you have been properly trained and observe the safe operating procedures for that equipment.
h. Follow proper lifting procedures at all times.
i. Check trailer hubs for heat and grease when checking tires. j. Actively support and participate in the company's efforts to provide safety and health programs. k. Seatbelts must be used whenever driving a company vehicle.
I. Never tow or push any company vehicle without authorization from a supervisor. m. No vehicle operated under our company's authority shall exceed posted speed limits. In no case shall your speed exceed that which is safe for the existing operating conditions. n. A pre-trip inspection will be made at the start of each shift to ensure that both tractor and trailer are in safe operating condition . A post-trip vehicle report is required and is to be turned in to Dispatch. Dispatch is responsible for ensuring that all work is completed as needed for safe operation the following day or, if needed, to arrange for the use of an alternate vehicle. o. Avoid traveling in the far left-hand lanes; use these only to pass . Drive in the right-most lanes. p. Respect your equipment:
• Read, understand, and follow all owners' manuals.
• Never exceed the equipment's published limitations of weight, speed, etc. • During freezing weather, check and recheck tires for free-rolling action to avoid skidding tires by frozen brakes in icy road conditions.
• A worn or cammed-over brake can also cause tires to skid resu lting in tire damage or worse. • If there are adverse weather conditions, check with management to receive instructions. • As needed, ensure that vehicles are chained and that chains are in excellent, ready-to-use condition. Carry chains during specific months appropriate for the area. • Carry all appropriate winter gear and communication devices in the vehicle .
City of Hawaiian Gardens - April 2018
48 7.
10. Employee Safety and Training
Safe Driving Requirements
a. A defensive driver is defined as one who is careful to commit no driving errors, who makes allowance for the lack of skill or improper attitude on the part of another driver, and who does not allow hazards of weather and road conditions or the action of pedestrians and other drivers to involve him in an accident or confrontation. They keep continually on the alert, recognize an accident-producing situation far enough ahead to apply the necessary preventive action, and concede the right-of-way when necessary to prevent an accident. b. The maximum speed limit is the posted limit when conditions permit. Your speed at all times shall be reasonable and prudent with due consideration given to weather, other traffic, conditions of the road, and intersecting side roads or highways. Do not exceed posted limits. Legal speed limits must be obeyed in all areas. Any driver receiving a citation for speeding will be given a correction notice that will contribute to the point system and they will receive appropriate disciplinary action. School zones and playgrounds rate a special warning for governing your speed. Also reduce speed at times of poor visibility and hazardous conditions.
If operating a heavy vehicle, always control your downgrade speed. The company requires drivers of heavy or loaded trucks to use a maximum of 30 mph on all severe grades. When empty or loaded light use your own discretion obeying all posted speed limits and maintain control of the vehicle at all times. Adhering to the speed limit is important in terms of reduced traffic citations, insurance rates, maintenance costs, tire wear, and fuel consumption. c. Never, under any circumstance, attempt to pass another vehicle at an intersection, on a hill, on a curve, or near a railroad crossing. Under no circumstances take a chance in passing when your view of the thoroughfare is totally or partially blocked. Due care in passing should be the watchword at all times, as it is difficult to estimate the speed of an approaching vehicle. When in doubt, do not pass.
d. Turning. At intersections, reduce your speed and use your mirrors to see that your vehicle is clearing the corner. Give sufficient advanced warning of your intentions.
Right hand turns should be made from the farthest right-hand lane if possible.
Double check mirrors and watch for pedestrians, objects, and other vehicles. e. Stopping and parking on the roadway. If it is at all possible, pull off on a suitable surface out of the line of traffic. Never stop or park your vehicle on the traveled portion of the highway. If you find it impossible to stop off the highway or entirely out of the lane of traffic, every effort must be made to leave as much of the roadway clear for other traffic. Turn on flashers and place emergency warning devices at once. Use a safety vest and assume oncoming vehicles do not see you.
f. Stopping and parking for routine stops. On all routine tire checks, coffee stops, etc., choose a place that has suitable off-road parking that will give your vehicle ample protection from being hit by highway traffic. Always make sure the ground you travel on will support the weight.
City of Hawaiian Gardens - April 2018
49 10. Employee Safety and Training
g. Parking on hills and inclines. If, in an extreme emergency, you find it necessary to stop or park on an incline, in addition to setting your parking brake and putting your vehicle in park or gear, use all other possible precautions . When broken down while heading up hill, put the vehicle in first gear and set chocks. h. Striking fixed objects. In handling your vehicle on the highway, in city traffic, and at loading and unloading spots, remember that striking any fixed object such as bridges, abutments, parked cars, loading docks, overhead pipes, or fire hydrants is classified as the fault of the driver. These events must be reported immediately. i. Passing or meeting a school bus . When approaching a school bus, be on guard at all times for signals of intention to either discharge or pick up school children.
Most states have laws requiring either red blinking signals or manually controlled stop signs on buses for signaling a stop. Be on the alert for the actions of these school buses. It is illegal to pass, in either direction, a school bus which is stopped to pick up or discharge passengers . When in doubt, stop. j. Following other vehicles. Always keep ample distance between yourself and the next vehicle except when it becomes necessary to pass. In following other vehicles, you must operate at a distance that will enable you to make a smooth complete stop under any emergency. Adequate following distance applies to city driving as well as rural traffic.
k. When preparing to stop, always check the position of possible vehicles behind you . Make it a habit to reduce your speed soon enough so that the driver behind you will have no doubt as to your intentions. This not only prevents accidents, but reduces excessive tire and brake wear.
I. Pedestrians. You have no right-of-way insofar as pedestrians are concerned.
Legally, they may walk on either side of the road, they can cross at intersections, and they can pop out from behind a parked car on a busy city street. Never take it for granted that they see you.
m. Use of cellular telephones and other key-type devices is not allowed while operating any vehicle.
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50 10. Employee Safety and Training
D. Accidents
1. YOU MUST REPORT EVERY ACCIDENT IMMEDIATELY; REGARDLESS OF HOW MINOR.
2. In the case of an accident, do not discuss fault and contact your supervisor as soon as possible. Be specific as to location, time, extent of injury and damage, conditions of cargo, and where you can be reached.
3. Park safely and set out warning devices.
4. Prevent the moving of injured persons unless absolutely necessary.
S. Get the names of any witnesses. If a witness refuses to give their name, record the license number of their vehicle. Regardless of the facts, admit nothing, promise nothing, and do not argue. Give your name and the name of our company. Offer to show your license.
6. Take pictures whenever possible. Do not move any vehicles or allow any vehicles to be moved until someone arrives who can verify or witness the position of the vehicles, length and position of the skid marks, and lighting on the vehicles if at night.
7. Stay at the scene of the accident until instructed by law enforcement or representative of management to proceed.
8. If you are involved in an accident with an unattended vehicle, you must stop and try to locate the owner. If you cannot locate the owner, you must place a note in or on the vehicle giving your name and address and that of our company.
9. Information needed to properly complete accident reports :
a. Location, time, and date.
b. Make, model, type, and license of other vehicles involved. c. Registered owner of other vehicles involved.
d. Driver's name, address, and license number of other vehicles involved . e. All occupants' names and addresses in other vehicles involved . f. Names and addresses of all possible witnesses.
g. Name of law enforcement agency to which the accident was reported. h. Name of law enforcement officer at the scene.
i. Name of the insurance company which covers the other vehicles involved. j. Names and addresses of persons injured and the extent of the injury. k. If you are involved in a chargeable accident, an accident involving injuries, or an accident involving fatalities, you will be required to take a drug and alcohol test.
I. Use your accident kit and ensure that it is on board each day ... included in the kit should be incident reporting forms, camera, pencil, paper, and insurance information. m. Never admit or discuss fault; be professional and courteous .
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51 10. Employee Safety and Training
E. Operating Policies
1. General
a. Routes are to be completed safely. If delays occur, contact the office as soon as possible. b. Any driver unable to complete a route must notify the dispatcher or their supervisor. c. There will be no falsification of logs, trip reports, time in service, or employment information (all moving violations shall be noted, whether in truck, or personal vehicle). d. Paperwork shall be completed and turned in at the end of every shift. e. All brakes will be checked at the beginning of your shift and post-use. Corrections are to be made prior to the next use of the equipment.
f. Air tanks must be drained at the end of your shift.
g. There will be no backing under trailers until air lines are hooked up and the trailer is charged with air and brakes set. This must be completed prior to your hook-up. h. Excessive speed on the customer's property will not be tolerated . i. Every accident, even very minor, must be reported to your supervisor. j. A preventable (chargeable) accident may result in termination . k. All injuries must be reported to the supervisor.
I. Keep informed of legal weight limitations and legal equipment lengths. m. Know your vehicle's height and keep it posted in the cab. Do not move under anything unless you know you have clearance.
2. Hour of Service, Examinations, Licenses
a. All drivers must maintain time cards in accordance with company policy and applicable DOT regulations. Do not exceed maximum allowable driving times. b. Drivers must maintain a complete Driver's Log in compliance with the DOT Motor Carrier Safety Regulations.
c. A driver required to have a physical examination will carry on their person the medical examiner's certificate or a photographically reproduced copy of the certificate whenever they are on duty along with documentation of any waivers noted on the license. d. A valid driver's license is necessary for any driving position. If driving privileges have been revoked or suspended for any reason, you must notify your supervisor immediately. e. Remember to renew your licenses as required and bring copies to the office. Failure to provide this will result in suspension of driving privileges until received .
3. The driver's responsibility shall be to secure the load during and/or after loading in such a manner that no damages are incurred due to shifting of the load during transit.
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52 4.
5. 10. Employee Safety and Training
All drivers are expected to keep their vehicles in good condition and mirrors and glass clean .
It is prohibited to be under the influence of intoxicants and/or drugs while on duty. Use or possession of open alcoholic beverages, or narcotics while on duty will cause your immediate termination. No driver will be permitted to work if they report for duty showing evidence of being under the influence of alcohol or drugs. Alcoholic substances cannot be consu med while on duty. Use of over-the-counter medications that cause drowsiness or that impair perception or reaction time also must be reported prior to use.
Employees taking a prescribed, controlled substance must immediately report their treatment to their supervisor. The physician prescribing the medication must notify the organization that it will not affect the safe operation of a motor vehicle. Failure to report the use of a prescribed controlled substance may result in disciplinary action.
6. Maintain communication throughout the workday with dispatch. Contact the office for instructions in the event of any weather conditions or other situations for which safe operation is questionable.
F. Vehicles
1. It is the driver's responsibility, as well as the supervisor's, to make sure that vehicles are well-maintained and in safe running condition. Frequent inspections of all components must be conducted. Inspect your vehicle before starting the work day, and when completing the work day. Vehicle inspection reports (VI R's) are to be given to dispatch. Dispatch is responsible for ensuring that all work is completed as needed for safe operation or, if necessary to arrange for the use of an alternate vehicle.
2. A VIR must be filed. You must perform a safety check on all equipment prior to operating it. These checks help protect equipment, the public, and you . Any defects noted during your inspections should be written down on the VIR. Critical items should be reported to your supervisor for correction prior to the use of the vehicle. A copy of the signed VIR must be left on the vehicle . Mark any defects you found during your inspection on the report and turn it in with the rest of your paperwork. If operating a personal vehicle for organization business, the driver is responsible to assure the safety and pre-use inspection of the vehicle as outlined above.
3. The Maintenance Department must ensure that all preventative maintenance is performed according to the equipment manufacturer's instructions and that all maintenance records are filed according to DOT requirements.
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53 10. Employee Safety and Training
G. Disciplinary Policy
Violation Discipline
1. Accidents:
Major Chargeable Subject to discharge
Minor Chargeable First Offense - Warning Notice
Second Offense - Subject to discharge
Failure to report accidents, property Subject to discharge damage, and personal injury
2. Equipment:
Failure to report mechanically defective First Offense - Warning Notice condition of equipment Second Offense - Subject to discharge Unauthorized use of equipment Subject to discharge
Failure to keep inside of cab, windows, First Offense - Warning Notice mirrors, windshield, and lights clean Second Offense - Subject to discharge Willful damage to equipment Subject to discharge
Abandonment of equipment Discharge
3. Conduct:
Drinking on duty or on organization property or use Discharge of drugs not prescribed by employee physician
Discourteous to customer, failure to assist First Offense - Warning Notice unloading, (complaint in writing) Second Offense - Subject to discharge Disobeying orders including failure to follow Subject to discharge instructions in the fleet operations manual unless
such failure would result in more severe penalty
which would then apply
Conviction of reckless driving First Offense - Warning Notice Second Offense - Discharge
Inaccurate loading, unloading or checking, or First Offense - Warning Notice careless handling resulting in damage or loss of Second Offense - Subject to discharge cargo.
Failure to check equipment First Offense - Warning Notice Second Offense - Subject to discharge
Pulling wrong load or going to wrong destination First Offense - Warning Notice Second Offense - Subject to discharge
Loss of driver's license Subject to discharge
Employee reporting for work unclean or in filthy First Offense - Warning Notice clothing Second Offense - Subject to discharge
Failure to protect assignment or to report for duty
within a reasonable length of time after calling First Offense - Subject to discharge Theft or any act of personal dishonesty (this Subject to discharge includes incurring unnecessary delay time)
Falsification of driver's log, pay records, or any Subject to discharge organization reports
Filing of false or incomplete employment Subject to discharge application.
4. Reports:
Failure to make out reports properly First Offense - Warning Notice Second Offense - Subject to discharge
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54 10. Employee Safety and Training
Violation Discipline
Failure to report to dispatcher at specified times First Offense - Warning Notice when required to do so Second Offense - Subject to discharge
5. Driving Schedules:
Failure to complete run in scheduled running time First Offense - Warning Notice without satisfactory explanation Second Offense - Subject to discharge Unnecessary delaying of load or equipment First Offense - Warning Notice Second Offense - Subject to discharge
7. Miscellaneous:
Unauthorized carrying of passengers Subject to discharge Refuse to make a run Automatic discharge
Refusal of tractor which has not previously been Subject to discharge reported mechanically defective
Use of profanity while on duty on customer's First Offense - Warning Notice property. The employee is representing the Second Offense - Subject to discharge organization, so refrain from using such language.
A written notice of the violation of these rules will be given to the employee stating the time, date, and place of violations as well at the actual infraction. The employee will sign the notice verifying receipt.
H. Documentation Summary
A. Each employee must read this program, and sign the Employee Acknowledgement Form .
B. All driver records as required by the DOT Motor Carrier Safety Regulations must be kept in the employee's personnel file. These documents need to be retained for each employee/driver as well as for each owner/operator driver. Documentation should include such information as :
• Application for employment
• Inquiry to past employers
• Commercial driver's license
• Request for check of driving record and copy of same
• Medical examiner certificates
• Violation and review record
• A driver data sheet
• Employment eligibility verification and social security information • Company Safety Policies receipt acknowledgement forms • Drug and alcohol policy acknowledgement form
• Pre-employment drug screen consent form
• Random drug screen consent form
• Address update information
• Ride-along and ride-behind performance reports
• Accident and incident reports and findings
• Driver-log audit reports
• Disciplinary letters
These files are reviewed to ensure completeness and that the latest information is incorporated into these files.
C. All vehicle records as required by the DOT Motor Carrier Safety Regulations must be kept in the proper vehicle history file
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55 10. Employee Safety and Training
Preventability Evaluation
HOW TO DETERMINE PREVENTABILITY
This guide is to be used by Accident Review Board in determining if an accident is Preventable or Non-Preventable.
WHAT IS A PREVENTABLE ACCIDENT?
A preventable accident is any accident in which the driver failed to do everything he/she reasonably could have done to avoid it.
WHAT IS A NON-PREVENTABLE ACCIDENT?
A non-preventable accident is an accident in which the driver did everything he/she reasonably could have done to foresee the things that caused the accident and guard against them .
Nearly all accident situations are covered in this material. For each type of accident, a series of questions is asked.
If the answer to any question is "no" then our driver was not practicing the best defensive driving.
It is often difficult to assess preventability and difficult to make a driver understand wherein he/she was at fault.
Drivers must be taught very specifically the kinds of hazards they must anticipate and defend themselves against.
Without a clear concept of what defensive driving is, it becomes a frustrating catchall in the minds of drivers.
Following the definition of a defensive driver, the questions asked here help to determine preventability and help to teach a driver what is meant by defensive driving. When you have gathered the facts about an accident, apply these questions to assess preventability.
Defensive drivers are those who make allowances for the lack of skill and knowledge on the part of the other driver. They recognize that they have no control over the unpredictability of other drivers, pedestrians, and weather or road conditions. They develop a defense against those hazards. They concede their right-of-way and make concessions to avoid collision . They are careful to commit no driving errors themselves and are defensively alert to avoid the accident traps and hazards created by weather, roads, pedestrians, and other drivers.
Icy roads; curves; hills; narrow roads; the absence of signs and signals; signals out of order; or the carelessness, recklessness, or ignorance of other drivers does not relieve our driver of his responsibility for driving without accidents. These are situations likely to be encountered at any time and we must drive accordingly.
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56 10. Employee Safety and Training
A. INTERSECTION ACCIDENTS
1. Did driver approach the intersection at a safe speed for the condition?
2. Was the driver prepared to stop before entering the intersection?
3. At a blind corner, did the driver pull out slowly ready to shift his right foot to the brake pedal?
4. Did the driver make sure the other driver would stop for a traffic light or stop sign?
5. Did the driver obey all traffic signs?
6. Did the driver signal well in advance of his/her change in direction?
7. Did the driver turn from the proper lane?
8. Was the driver alert to the turns of other vehicles?
9. Did the driver avoid overtaking and passing in the intersection?
10. Did the driver refrain from jumping the starting signal or riding through the caution light? IF THE ANSWER TO ANY QUESTION IS "NO" OUR OPERATOR WAS NOT DRIVING DEFENSIVELY AND THE ACCIDENT IS CONSIDERED TO BE PREVENTABLE.
B. HIT OTHER IN REAR
1. Was our driver maintaining the safe following distance (one car length for every 10 miles per hour of travel, increased for darkness and inclement weather)?
2. Did the driver keep his/her eyes in front of the car ahead?
3. Did the driver approach the green traffic light cautiously, expecting the driver ahead to stop suddenly on the signal change?
4. Did the driver keep from skidding?
IF THE ANSWER TO ANY QUESTION IS "NO" OUR DRIVER WAS NOT DRIVING DEFENSIVELY AND THE ACCIDENT IS CONSIDERED TO BE PREVENTABLE.
C. BACKING ACCIDENTS
1. Was it necessary to back up:
a. Did the driver have to park so close to the car ahead as to require backing to leave the parking space?
b. Was it necessary to drive into the narrow street, dead-end alley, or driveway from which he/she backed?
2. If the driver could not see where he/she was backing:
a. Did the driver try to get someone to guide him/her?
b. Did the driver look all around the vehicle before getting in? c. Did the driver back up immediately after looking?
d. Did the driver look to the rear along with watching the rear view mirrors? e. If the distance was long, did he/she stop, get out, and look around occasionally?
3. Did the driver back up slowly?
4. Did the driver judge his/her backing clearance accurately? IF THE ANSWER TO ANY QUESTION IS "NO" OUR DRIVER WAS NOT DRIVING DEFENSIVELY AND THE ACCIDENT IS CONSIDERED TO BE PREVENTABLE.
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57 10. Employee Safety and Training
D. PEDESTRIANS
1. Did the driver drive through congested sections expecting that pedestrians would step in front of the vehicle?
2. Was the driver prepared to stop?
3. Did the driver keep as much clearance between his/her vehicle and parked cars as safety permitted?
4. Did the driver refrain from passing vehicles that had stopped to allow pedestrians to cross?
5. Did the driver refrain from jumping the starting signal or riding through the caution light?
6. Was the driver aware of groups of children, and was he/she prepared to stop if a child ran into the street?
7. Did the driver give pedestrians the right-of-way?
8. Did the driver refrain from passing a stopped school bus? IF THE ANSWER TO ANY QUESTION IS "NO" OUR DRIVER WAS NOT DRIVING DEFENSIVELY AND THE ACCIDENT IS CONSIDERED TO BE PREVENTABLE.
E. PULLING FROM THE CURB
1. Did the driver look front and rear for approaching and overtaking traffic immediately before starting to pull out?
2. Did the driver look back rather than depend upon the rear view mirror?
3. Did the driver signal before pulling from the curb?
4. Did the driver start out only when his/her action would not require traffic to change its speed or direction in order to avoid him/her?
5. Did the driver continue to glance back and check his/her mirrors? IF THE ANSWER TO ANY QUESTION IS "NO" OUR DRIVER WAS NOT DRIVING DEFENSIVELY AND THE ACCIDENT IS CONSIDERED TO BE PREVENTABLE.
F. SKIDDING
1. Was the driver driving at a speed safe for conditions of weather and road?
2. Was the driver keeping at least twice the safe following distance for dry pavement (one car length for every 10 miles per hour of speed)?
3. Were all of his/her actions gradual?
4. Was the driver expecting ice on bridges, in gutters, ruts, and near the curb?
5. Was the driver alert for melting snow, freezing in the shade, loose gravel, sand, ruts, etc.?
6. Did the driver keep out of car tracks and cross them at wide angles? IF THE ANSWER TO ANY QUESTION IS "NO" OUR DRIVER WAS NOT DRIVING DEFENSIVELY AND THE ACCIDENT IS CONSIDERED TO BE PREVENTABLE.
G. PARKED
1. Was the driver on the right side of the road?
2. Was it necessary to park near the intersection?
3. Did the driver have to park on the traveled part of the highway, on the curve, or on the hill?
4. Where required, did he/she warn traffic by flag or flare?
5. Did the driver park parallel to the curb?
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58 10. Employee Safety and Training
6. Was it necessary to park so close to an alley or directly across from a driveway? IF THE ANSWER TO ANY QUESTION IS "NO" OUR DRIVER WAS NOT DRIVING DEFENSIVELY AND THE ACCIDENT IS CONSIDERED TO BE PREVENTABLE.
H. ALL OTHERS
1. Could the driver have done anything to avoid the accident?
2. Was his/her speed safe for conditions?
3. Did the driver obey all traffic signals?
4. Was his/her vehicle under control?
5. Did the driver follow his/her routing and delivery instructions?
6. Did the driver call in for help when in doubt?
7. Did the driver report the accident as soon as he/she returned? IF THE ANSWER TO ANY QUESTION IS "NO" OUR DRIVER WAS NOT DRIVING DEFENSIVELY AND THE ACCIDENT IS CONSIDERED TO BE PREVENTABLE.
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59 10. Employee Safety and Training
ROAD TEST RECORD
Driver's Name: ________ License No.: State- Class :
Equipment Driven: Length of Test in Miles:
Air Brakes Equipped: Yes • No D Standard Transmission • Automatic Transmission • Proper Pre-Trip Inspection Completed: Yes • No •
If equipment being operated includes combination units; coupling/uncoupling completed: Yes • No • Mark each item as "satisfactorily" or "unsatisfactorily" completed. Leave any items not evaluated blank.
Part 1 - Placing Vehicle in Motion and Use of Controls
A. MOTOR
Places transmission in neutral before starting engine
Starts engine without difficulty
Checks instruments at regular intervals
Maintains proper engine rpm while driving
B. BRAKES
Knows proper use of and checks tractor protection valve Tests service brakes
Builds full air pressure before moving
C. CLUTCH AND TRANSMISSION
Starts unit moving slowly
Uses clutch properly
D. LIGHTS (If tested during darkness)
Adjusts speed for range of headlights
Dims lights when approaching another vehicle or
following traffic
Part 2 - Backing and Parking
A. BACKING
Gets out and checks area before backing
Understands and utilizes mirrors and cameras properly
Signals when backing (If appropriate)
Avoids backing from blind side
City of Hawaiian Gardens - April 2018
Satisfactory Unsatisfactory
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60 Part 2 - Backing and Parking (Continued)
B. PARKING
Parks without hitting any other vehicles or stationary objects Parks correct distance from curb
Secures unit properly; sets brake, transmission in correct gear, shuts off engine, blocks wheels when necessary
Carefully enters traffic from parked position
Part 3 - Slowing and Stopping
Uses clutch and gears properly
Gears down properly before descending hills
Stars without rolling back
Tests brakes before descending grades
Uses brakes properly on grades
Makes proper use of mirrors
Plans stop far enough in advance to avoid hard braking
Stops clear of crosswalks
10. Employee Safety and Training
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Satisfactory Unsatisfactory
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Part 4- Operating in Traffic, Passing, and Turning Satisfactory Unsatisfactory A. TURNING
Signals intention to turn well in advance
Gets into proper lane well in advance of turn
Checks traffic conditions and turns only when intersection is clear Restricts traffic from passing on right when preparing to complete right hand turn
Completes turn promptly and safely, and does not impede traffic B. TRAFFIC SIGNS AND SIGNALS
Plans stop in advance and adjusts speed correctly
Obeys all traffic signals
Comes to a complete stop at all stop signs
C. INTERSECTIONS
Yields right of way
Checks for cross traffic regardless of traffic controls Enters all intersections prepared to stop if necessary
Part 4 - Operating in Traffic, Passing, and Turning {Continued) D. GRADE CROSSINGS
Stops at a minimum 15-feet but not more than 50 feet before crossing if stop is necessary
City of Hawaiian Gardens - April 2018
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61 Selects proper gear and does not shift gears while crossing Knows and understands Federal and State rules governing grade crossings
E. PASSING
Allows sufficient space ahead for passing
Passes only when safe to do so
Signals when changing lanes before and after passing
Warns driver ahead of his intention to pass
Passes with sufficient speed differential to minimize
obstructing traffic
Returns to right lane promptly but only when safe to do so F. SPEED
Observes speed limits
Drives at speed consistent with ability
Adjusts speed properly to road conditions, and traffic
Slows down in advance for curves and intersections
G. COURESY AND SAFETY
Yields right of way
Consistently strives to drive in a safe manner
Uses horn only when necessary
Part 5 - Miscellaneous
A. GENERAL DRIVING ABILITY AND HABITS
Consistently alert and attentive
Consistently is aware of changing traffic conditions
Anticipates problems
Performs routine functions without taking eyes from road Checks instruments regularly while driving
Remains calm under pressure
Remarks:
General Performance: Satisfactory • Needs Additional Training • City of Hawaiian Gardens - April 2018
10. Employee Safety and Training
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62 10. Employee Safety and Training
Signature of Examiner: Date:
Driver Training Program
Objective
To hire quality individuals of good character, so that they may in turn work as a commercial driver for Commercial Waste Services. Working as a commercial driver can be a very satisfying and rewarding career; however, this career is not for everyone. A successful candidate must be safety oriented, and they must complete an extensive training program which includes classroom instruction, and on the road instruction with an experienced driver trainer.
Pre-Employment Process
All candidates must possess a valid driver's license, with an acceptable driving record (See Appendix A). Candidates will not have been convicted of a DUI/DWI, careless driving, or reckless driving within the past 5 years.
Candidates must possess a Department of Transportation Medical Examination Certificate. Candidates must also pass a pre-employment background check, and have a negative drug and alcohol screen.
Before a candidate is approved for hiring they will be interviewed by the management team, after which those who are selected must complete all of the necessary paperwork required by the Department of Transportation; this paperwork will be provided by the Fleet Supervisor.
Driver Trainer Qualifications
All driver training will be conducted by, or overseen by the Fleet Supervisor. In-service training will be conducted by experienced driver trainers who are of good character, and who have been with the company for a minimum of five years, and who have a good safety record .
Driver Training Outline
The time in which it takes a candidate to successfully complete the Driver Training Program will depend previous experience; however, there are minimum requirements. Below is a guideline:
Experience Level
Less than Two Years' Experience
Two Years or More of Verifiable Experience
Length of Training
2-3 Weeks
1-2 Weeks
It is anticipated that the first week of training will include one day of classroom training. Classroom training will include a review of all route collection policies and procedures; a review of Commercial Waste Services Fleet Safety Program, and the Pre-Trip and Post-Trip Inspection Program requirements. Candidates will also be required to complete a defensive driving course.
The remainder of the first week will be spent practicing the pre and post trip inspections, load securement, and practicing on the skills course. Course will be designed in accordance with the State of California' s, Commercial Driver's License Division.
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63 10. Employee Safety and Training
Depending on the candidates experience and skill level the remaining time will include a combination of the ski lls course, on the road driving.
All training will be documented and reviewed with the candidate on a daily basis (Appendi x B); all completed paperwork must be turned in weekly to the Fleet Supervisor.
At the completion of training the candidate must complete a road test (Appendix C) with the Fleet Supervisor and achieve a passing score.
Training materials used to complete the tra ining program will include handouts, videos and a written evaluation .
Candidates will also be required to narrate to the driver trainer during the on-road aspect of the training.
Driver training will cover all aspect of defensive driving; however, an emphasis will be put on the Smith Systems 5 Keys:
• Aim High in Steering
• Get the Big Picture
• Keep Your Eyes Moving
• Leave Yourself an Out
• Make sure They See You
Driver Monitoring
All new commercial drivers will be monitored, regardless of experience level. New drivers will be monitored and evaluated within the first 30-days, and again at 90-days by a route su pervisor utilizing the In-Service Driver Observation Form (Appendix D). Any driver who demonstrates unsafe habits or behaviors will be required to complete a refresher course designed specifically to address the area of concern .
City of Hawaiian Gardens - April 2018
64 10. Employee Safety and Training
> .,
MVR Guidelines 'I
Age Number of Minor Number of Number of Major Total Allowable Violations & Violations * Accidents Violations Allowed Accidents
16 Excluded
17 Excluded
18 Excluded
19 Excluded
20 Excluded
21-25 2 1 0 for 5 years 2
25-65 2 1 0 for 3 years 3
66-69 2 1 0 for 5 years 2w/Med Questionnaire
70-75 2 0 0 for 5 years 2w/Med Questionnaire
76 1 0 0 for 5 years lw/Med Questionnaire
77 0 0 0 for 5 years lw/Med Questionnaire
78 0 0 0 for 5 years Ow/Med Questionnaire
79 0 0 0 for 5 years Ow/Med Questionnaire
80 0 0 0 for 5 years Ow/Med Questionnaire
81+ Excluded
City of Hawaiian Gardens - April 2018
65 10. Employee Safety and Training
' I - - I
I
DAILY DRIVER OBSERVATION FORM ,
I i
I , - - - - - _.:.' -• ,__ • -• ' • <'• -,.;. •----'-' - -- ,.;.c j Driver's Name:
Date:
Equipment No.:
Pre-Trip Inspection: 1 2 3 4 5
Post-Trip Inspection: 1 2 3 4 5
Driver Trainers Notes and Observations:
Trainee Signature: Driver Trainer Signature:
City of Hawaiian Gardens - April 2018
66 10. Employee Safety and Training
, . , , , , , , 'I ' ,, I ,
RECORD OF ROAD TEST FORM , :
~ ., __ ..:.,,_.,_'',•.!. _:::,J~\,. \-~ fl,.' ,;.ct' ,•', rl,_i,;,, '_,\s ••~---•• ,•1t~.~~-...•~.J~..:~S~<,,:~/,:.:~;' ,_j Driver's Name: ________ quipment Driven : Date·
Air Brakes Equipped: Yes D No D Standard Transmission D Automatic Transmission D Proper Pre-Trip Inspection Completed: Yes D No D
If equipment being operated includes combination units; coupling/uncoupling completed: Yes D No D Mark each item as "satisfactorily" or "unsatisfactorily" completed. Leave any items not evaluated blank.
Part 1 - Placing Vehicle in Motion and Use of Controls
E MOTOR
Places transmission in neutral before starting engine
Starts engine without difficulty
Checks instruments at regular intervals
Maintains proper engine rpm while driving
F, BRAKES
Knows proper use of and checks tractor protection valve Tests service brakes
Builds full air pressure before moving
G, CLUTCH AND TRANSMISSION
Starts unit moving slowly
Uses clutch properly
H, LIGHTS {If tested during darkness)
Adjusts speed for range of headlights
Dims lights when approaching another vehicle or following traffic Part 2 - Backing and Parking
C. BACKING
Gets out and checks area before backing
Understands and utilizes mirrors and cameras properly
Signals when backing (If appropriate)
Avoids backing from blind side
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Satisfactory
D
D
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Satisfactory
D
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U nsati sfacto ry
D
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Unsatisfactory
D
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D
67 D. PARKING
Parks without hitting any other vehicles or stationary objects Parks correct distance from curb
Secures unit properly; sets brake, transmission in correct gear, shuts off engine, blocks wheels when necessary
Carefully enters traffic from parked position
Part 3 - Slowing and Stopping
Uses clutch and gears properly
Gears down properly before descending hills
Stars without rolling back
Tests brakes before descending grades
Uses brakes properly on grades
Makes proper use of mirrors
Plans stop far enough in advance to avoid hard braking
Stops clear of crosswalks
10. Employee Safety and Training
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Satisfactory Unsatisfactory
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Part 4 - Operating in Traffic, Passing, and Turning Satisfactory Unsatisfactory A. TURNING
Signals intention to turn well in advance
Gets into proper lane well in advance of turn
Checks traffic conditions and turns only when intersection is clear Restricts traffic from passing on right when preparing to complete right hand turn
Completes turn promptly and safely, and does not impede traffic B. TRAFFIC SIGNS AND SIGNALS
Plans stop in advance and adjusts speed correctly
Obeys all traffic signals
Comes to a complete stop at all stop signs
C. INTERSECTIONS
Yields right of way
Checks for cross traffic regardless of traffic controls Enters all intersections prepared to stop if necessary
D. GRADE CROSSINGS
Stops at a minimum 15-feet but not more than 50 feet before crossing if stop is necessary
Selects proper gear and does not shift gears while crossing Knows and understands Federal and State rules governing grade crossings
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68 E. PASSING
Allows sufficient space ahead for passing
Passes only when safe to do so
Signals when changing lanes before and after passing
Warns driver ahead of his intention to pass
Passes with sufficient speed differential to minimize
obstructing traffic
Returns to right lane promptly but only when safe to do so F. SPEED
Observes speed limits
Drives at speed consistent with ability
Adjusts speed properly to road conditions, and traffic
Slows down in advance for curves and intersections
G. COURTESY AND SAFETY
Yields right of way
Consistently strives to drive in a safe manner
Uses horn only when necessary
Part 5 - Miscellaneous
A. GENERAL DRIVING ABILITY AND HABITS
Consistently alert and attentive
Consistently is aware of changing traffic conditions
Anticipates problems
Performs routine functions without taking eyes from road Checks instruments regularly while driving
Remains calm under pressure
Remarks:
General Performance: Satisfactory • Needs Additional Training • Signature of Trainer: Date:
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10. Employee Safety and Training
• •
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Satisfactory Unsatisfactory
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Explain :
69 10. Employee Safety and Training
- ' : .- - ; ' ·:·-:_~ - !
: IN-SERVICE DRIVER OBSERVATION FORM , j I 1
I ' , ' ' 'l
: , : _ ___ ,,J ,'.;;",· .,• , • _____ . ' _". _' l.,._,,,i_,,°,1·.,-,~. ,. ,.,,•_ ).-,,; .,.,-;.'.,-,,.i'~.'.,,:\;_;,_:;,\.'.,.:j Driver: __________________ _
Date:
Start Time: ______ Finish Time:
Equipment No.:
Mark each item as "satisfactorily" or "unsatisfactorily" completed. Leave any items not evaluated blank.
Observed Driving Activity Satisfactory Unsatisfactory
Following Distance
Speed
Backing
Traffic Signs & Signals
Intersections
Right Turns
Left Turns
Lane Changes
Railroad Crossings
Driver Distractions
Other/Comments:
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70 10. Employee Safety and Training
Driver Signature: ___________ Supervisor Signature: _________ _ Biennial Inspection of Terminals (BIT) Program
Commercial Waste Services will comply with the California Commercial Motor Vehicle Safety Act of 1988, commonly referred to as the Biennial Inspection of Terminals (BIT) Program; this program was enacted to alleviate the number of truck related collisions on California highways. The intent is to ensure every truck terminal throughout the state is inspected by the California Highway Patrol (CHP) on a regular basis.
Terminal inspections are also used as tool to determine if motor carriers are complying with the Federal Motor Carrier Safety Administration (FMCSA) regulations on an on-going basis, particularly with regard to the legal requirement to maintain commercial motor vehicles according to a scheduled maintenance program. The CH P's role is to determine whether carriers, including Commercial Waste Services maintenance schedules are adequate to prevent collisions or mechanical breakdowns involving the vehicles, and all maintenance and driver records are prepared and retained as required by law.
Section 34501.2 of the California Vehicle Code requires any organization directing the operation of certain trucks and/or trailers to participate in the BIT Program. The law requires the CHP to inspect California truck terminals every 25-months. A truck terminal is defined as any place where a vehicle is regularly garaged, maintained, operated or dispatched from .
Commercial vehicles will be periodically inspected within 90-day intervals by a CHP Motor Carrier Specialists, or sooner if necessary to ensure safe operation. Inspections will be documented and inspection reports must be retained for two years. The inspection reports will include:
• Identification of the vehicle including, make, model, license number, company vehicle number or other means of positive identification.
• Date and nature of each inspection and repair performed . • The signature of the authorized representative attesting to the inspection and to the completion of all required repairs.
To ensure our company's compliance with the Department of Transportation's FMCSA Part 391 (Inspection, Repair, and Maintenance), and the California Highway Patrol BIT Program we have established a Preventive Maintenance schedule which includes regular pre-determined services at 30, 60, and 90-day intervals. All service will be recorded on the Preventive Maintenance Log for that vehicle; logs and record of repairs will be retained for at least one year.
Driver Vehicle Inspection Report's (DVIR)
Commercial Waste Services views vehicle inspections as an im portant part of the overall safe operation of commercial motor vehicles. While drivers and the company both have a duty to make sure the vehicles are inspected daily, the driver is ultimately responsible for making certain that the vehicle being driven is in safe operating condition . Legally drivers have to perform pre-trip inspections as stated in the Federal Motor Carrier Safety Regulations (FMCSR) part 396.13 aswell as post-trip inspections as outlined in part 396.11. Commercial vehicle inspections are also a requirement of the California Highway Patrol Biennial Inspection of Terminals (BIT) Program.
Pre-trip and post-trip inspections can help identify defective equipment before it fails. In the event of a crash the reports will be pulled and used as part of the investigation, especially in the event of serious incidents. We must take the completion of these reports seriously.
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The Vehicle Maintenance Behavior Analysis and Safety Improvement Category (BASIC) is one of seven categories that the Federal Motor Carrier Safety Administration (FMCSA) uses to determine how a motor carrier ranks relative to other carriers with a similar number of safety events. Violations related to the Vehicle Maintenance BASIC adversely affect the FMCSA's Safety Measurement System (SMS) results for a 24-month period. Time and/or inspections with no vehicle maintenance violations can improve our company's BASIC percentile ranking.
Completing a DVIR and catching a defect before leaving the yard at the beginning of shift can also reduce losses associated with down time and road calls, not to mention the added stress of being behind schedule.
The effectiveness of DVIR's are dependent on our drivers doing a thorough job on both the pre-trip and post-trip inspections, and our maintenance team completing all of the necessary repairs in a timely manner.
Driver Vehicle Inspection Report (DVIR) Process
Commercial Waste Services driver's will complete both a pre-trip and post-trip DVIR on all equipment equipped with three or more axles having a gross vehicle weight (GVR) rating of more than 10,000 lbs., or any motor truck with a GVR of more than 10,000 lbs. while towing any trailer or semi-trailer that results in a combination length over 40- feet.
At the beginning of each shift driver's will complete the header section of the DVIR wh ich includes: company name; D.O.T. number, date, unit number, beginning mileage, etc. The driver shall then complete a visual inspection of the vehicle and note any defects; prior to operating the vehicle, the company shall repair any defect or deficiency listed on the DVIR which would be likely to affect the safe of operation of the vehicle.
Commercial Waste Services maintenance personnel shall certify on the original DVIR which lists any defect or deficiency that the defect or deficiency has been repaired, or that the repair is unnecessary before the vehicle is operated again. A copy of the DVIR shall be left for the driver as verification .
When starting the pre-trip inspection process drivers should first check and verify that the repairs have been completed from the previous shift/day. If satisfied with the repair the driver must sign the DVIR and return the form to dispatch/fleet supervisor for filing.
If repairs cannot be performed prior to the next shift, maintenance personnel will remove the vehicle from service and notify the dispatcher and/or fleet supervisor that the vehicle is temporarily out of service. Only when all repairs have been completed can the vehicle be placed back in service.
Original DVIR's, certification of repairs, and the certification of the driver's review must be retained for a minimum of 90-days from the date the written report was prepared. All completed DVIR's will be recorded on the DVIR Log spreadsheet.
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72 10. Employee Safety and Training
Fall Protection Program
Objective
Each year, the Bureau of Labor Statistics (BLS) reports that far too many workers die on the job, with many of those fatalities resulting from falls . Events surrounding these types of accidents often involve a number of factors, including unstable working surfaces, misuse of fall protection equipment, and human error. Studies have shown that the use of guardrails, fall arrest systems, covers, and proper training can prevent many deaths and injuries from falls .
Although falls from the top of refuse collection vehicles are not commonplace, the severity of injuries resulting from falling off the top of a truck or trailer is often very serious, and can even be fatal. Front loaders, rear loaders with reeving equipment, and transfer trailers all require access to the top for routine activities, and each should be evaluated with fall protection in mind.
Whenever performing any task that would allow a worker to fall a distance of four feet or more to a lower level, the work task requires pre-planning in order that fall hazards are identified, evaluated, and controlled. The worker must receive adequate training and be protected from falling.
The State of California, Occupational Safety & Health Administration (Cal/OSHA) outlines the fall protection requirements in the Title 8 Regulations, Section 3210. For those not covered by Cal/OSHA regulations the controlling regulations are 29 CFR 1910, Subpart D of the General Industry Standard (Walking Working Surfaces) hereinafter referred to as the Fall Protection Standard.
In order to comply w ith the OSHA standards, this written program has been established for Commercial Waste Services. All company facilities and equipment are included and comply with this program. Copies of this written program, including a copy of the OSHA Standard, are available for review by any employee.
ASSIGNMENT OF RESPONSIBILITY
The Safety Manager is responsible for:
• providing oversight and technical support,
• securing the resources necessary to implement this program; • ensuring that routine safety checks of work operations are performed; • conducting an annual review of this program, including an inspection of systems • updates (as needed) to ensure the effectiveness of the program; and, • ensuring that proper reporting and record keeping is executed.
Managers/Supervisors are responsible for:
• compliance with this program at site locations under their supervision. • performing routine safety checks of work operations;
• correcting any unsafe practices or conditions immediately; • ensuring employees have the proper tools and personal protective equipment for working on elevated work surfaces;
• coordinating employee schedules for training;
• notifying the Safety Manager of potential hazards requiring assessments, or improvements to the program.
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Employees are responsible for:
• complying with all aspects of this program; and,
• cooperating in all safety and health matters;
• reporting incidents related to fall protection to your supervisor/foreman immediately; • wearing all required personal protective equipment - there are no exceptions; • inspecting the equipment in accordance with manufacturer's guidelines and instructions; and, • reporting hazardous conditions or other health and safety concerns immediately to your supervisor/foreman/project manager.
The program is reviewed at least annually to ensure both the safety of the company employees and compliance with the Cal/OSHA or Federal OSHA Fall Protection standards, as well as any state and local requirements.
FALL PROTECTION PROCEDURES
Basic Fall Protection
The floor of every workroom shall be maintained in a clean and, so far as possible, a dry condition.
Where wet processes are used, drainage shall be maintained, and false floors, platforms, mats, or other dry standing places should be provided where practicable.
Where mechanical handling equipment is used, sufficient safe clearances shall be allowed for aisles, at loading docks, through doorways and wherever turns or passage must be made.
Aisles and passageways shall be kept clear and in good repairs, with no obstruction across or in aisles that could create a hazard.
Every stairway floor opening shall be guarded by a standard railing constructed in accordance with applicable Cal/OSHA or Federal OSHA requirements. The railing shall be provided on all exposed sides (except at entrance to stairway).
Every ladder way floor opening or platform shall be guarded by a standard railing with standard toe-board on all exposed sides (except at entrance to opening), with the passage through the railing either provided with a swinging gate or so offset that a person cannot walk directly into the opening.
ENTERING & EXITING COMMERCIAL TRUCKS AND EQUIPMENT
Commercial drivers and equipment operators climb in and out of their trucks and equipment countless times a day, fortunately most do so without incident. While entering and exiting the cab of a truck or a piece of equipment appears to be a simple task, it is one of the leading causes of work related falls for drivers. Most of the time these incidents can be attributed to not following basic safety rules, or being complacent.
There are four basic steps you can take to reduce these types of injuries: 1) make sure City of Hawaiian Gardens - April 2018
74 10. Employee Safety and Training
and steps and grab handles are securely fastened and in good condition; 2) ensure that the grab handles and steps are free of debris such as mud, ice, grease, and other liquids; 3) make sure that the employees footwear is in good condition, and that the sole provides for maximum traction, and 4) make sure that employees are utilizing the threepoint contact method; this method requires the employee to always have three points of contact (two hands and one foot, or one hand and two feet) when entering or exiting the truck cab or piece of equipment.
It is important to observe employee behavior when it comes to entering and exiting trucks and equipment because most employees do not consider jumping from the first or second step as risky behavior. Supervisors need to correct this unsafe behavior when it is identified. They should also look for employees carrying items when entering and exiting; things such as lunch boxes, a cup of coffee, or paperwork.
TASKS AND WORK AREAS REQUIRING FALL PROTECTION
Refuse Truck Drivers & Mechanics
Employees who climb up onto a refuse collection truck or trailer shall be protected from falling by the use of a fall restraint device; fall restraint devices is a collection of equipment components that prevents the authorized person from falling over the edge of the truck or into the hopper, yet allows complete hands-free access to the working surface on the top of the truck.
One example of a Fall Restraint System is designed specifically for refuse collection vehicles. It consists of two parallel restraint lines that are permanently mounted to the top of the vehicle body, a unique dual lanyard connects to the restraint lines, and a comfortable work positioning belt is worn by the employee. Once the employee reaches the top of the vehicle, they clip their belt into the system using a swivel hook on the lanyard. They are able to walk the full length and width of the vehicle, while being prevented from going over the edge or into the hopper. This type of system can be specified on new vehicles or retrofitted to those already in the fleet. Its low profile also protects it from tree branches and other obstructions.
Climbing and Reaching
Climbing the ladder to reach the top of the truck creates the greatest exposure for a fall. The transition point from the ladder to the working surface (and back down) is the most difficult point to navigate without assistance from handholds. A bolt-on telescopic hand rail extension allows the climber to remain in an erect posture while maintaining three points of contact all the way through the transition and back down.
When not in use the device easily retracts out of the way next to the ladder.
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Even though the nature of the job necessitates climbing at times, the best fall protection programs minimize the amount of climbing by doing as many tasks as possible with your feet firmly on the ground. Expandable reaching tools can assist in many routine tasks and are a key component to an effective fleet safety program. These tools can be used to safely clean and maintain vehicles from ground level. They may include expandable reaching poles that can be quickly fitted with various attachments, including a brush and scraper that can be extended to sweep front loader cab shields and safely clean tailgate seals without walking under a raised tailgate. They can also be used on rear loaders to clean the packing/sweep blade from a safe distance. Another attachment is a multifunction hook used to position tarps and secure bungee cords without climbing onto the truck. Mounting brackets are available to conveniently store the tools on the vehicle.
Material Recovery Facility (MRF)
The walking and working surfaces at the MRF shall be maintained in a clean and dry condition . All surfaces and stairs shall be kept clear of slip, trip and fall hazards. Employees are required to wear shoes with an anti -slip sole, and shoes should be inspected on a regular basis .
Employees who are required to perform any preventive maintenance or repairs outside of the guard-railing system will be required to use a personal fall arrest system.
All walking and working surfaces above four-feet shall be equipped with a guard railing system that includes a mid-rail and toe-boards.
Tarping Roll-Off Containers
Must roll-off containers can now be tarped after being picked-up with the use of an automatic tarping system. If you must tarp a bin manually, be sure to utilize an expandable reaching tool so that the task can be performed at ground level. You may also choose to use a fixed or rolling catwalk equipped with guard-railing for safer access.
Ladders
Ladders shall be maintained in good condition at all times, the joint between the steps and side rails shall be tight, all hardware and fittings securely attached, and the movable parts shall operate freely without binding or undue play.
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Ladders shall be inspected frequently and those which have developed defects shall be withdrawn from service for repair or destruction and tagged or marked as "Dangerous, Do Not Use." All fixed ladders on the side of trucks shall be inspected daily as part of the driver's vehicle inspection report, and any defects must be reported immediately.
Rungs should be kept free of grease and oil.
Portable ladders shall be so placed that the side rails have a secure footing.
Ladders shall not be placed in front of doors opening toward the ladder unless the door is blocked upon, locked, or guarded.
Ladders shall not be placed on boxes, barrels, or other unstable bases to obtain additional height.
Ladders with broken or missing steps, rungs, or cleats, broken side rails, or other faulty equipment shall not be used; improvised repairs shall not be made.
Tops of the ordinary types of stepladders shall not be used as steps.
No ladder should be used to gain access to a roof unless the top of the ladder shall extend at least 3 feet above the point of support, at eave, gutter, or roofline.
A simple rule for setting up a ladder at the proper angle is to place the base a distance from the vertical wall equal to one-fourth the working length of the ladder.
When ascending or descending, the climber must face the ladder.
Employees should not lean too far over the side rails of a ladder such that is causes a fall hazard. A good "rule of thumb" is that employees keep their belt buckle within the side rails at all times.
FALL PROTECTION SYSTEMS
Only the safety manager and the immediate supervisor can make decisions on the proper fall protection system to be used for any specific application. Fall protection systems will only be utilized after careful consideration and task review.
All hole and wall covers are secured to prevent accidental displacement. • Covers are color-coded or bear the markings "HOLE" or "COVER". • Covers are able to support twice the weight of employees, equipment, and materials that might cross them.
• Covers located in roadways are able to support twice the axle load of the largest vehicle that might cross them .
Guardrail Systems
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77 10. Employee Safety and Training
Guardrail systems are erected at unprotected edges, ramps, runways, or holes where it is determined by the safety manager and supervisor that erecting such systems will not cause an increased hazard to employees. The following specifications are followed in the erection of guardrail systems.
Top-rails are:
• at least¼ inch in diameter (steel or plastic banding is unacceptable); • flagged every six (6) feet or less with a high visibility material if wire rope is used; • inspected by supervisor as frequently as necessary to ensure strength and stability; • forty-two (42) inches (plus or minus three (3) inches) above the walking/working level.
Mid-rails, screens, mesh, intermediate vertical members, and solid panels are erected in accordance with the OSHA Fall Protection Standard.
A standard railing shall consist of top-rail, mid-rail, and posts, and shall have a vertical height of 42 inches nominal from upper surface oftop rail to floor, platform, runway, or ramp level. The top rail shall be smoothsurfaced throughout the length of the railing.
The mid-rail shall be approximately halfway between the top rail and the floor, platform, runway, or ramp.
The ends of the rails shall not overhang the terminal posts except where such overhang does not constitute a projection hazard.
A standard toe-board shall be 4 inches nominal in vertical height from its top edge to the level of the floor, platform, runway, or ramp. It shall be securely fastened in place and with not more than 1/4-inch clearance above floor level. It may be made of any substantial material either solid or with openings not over 1 inch in greatest dimension.
Personal Fall Arrest Systems
Personal fall arrest systems are used by employees as determined by the safety manager and may consist of anchorage, connectors, body harness, deceleration device, lifeline, or suitable combinations.
Personal fall arrest systems :
• limit the maximum arresting force to 1,800 pounds;
• are rigged so an employee cannot free fall more than six (6) feet or contact any lower level; • bring an employee to a complete stop and limit the maximum deceleration distance traveled to three and a half (3 ½ ) feet;
• are strong enough to withstand twice the potential impact energy of an employee free falling six (6) feet (or the free fall distance permitted by the system, whichever is less); • are inspected prior to each use for damage and deterioration; and • are removed from service if any damaged components are detected.
All components of a fall arrest system meet the specifications of the OSHA Fall Protection Standard, and are used in accordance with the manufacturer's instructions.
The use of non-locking snap hooks is prohibited.
Dee-rings and locking snap hooks :
• have a minimum tensile strength of 5000 pounds; and
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• are proof-tested to a minimum tensile load of 3600 pounds without cracking, breaking, or suffering permanent deformation.
Lifelines are:
• designed, installed, and used under the supervision of a qualified person - one who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated his ability to solve or resolve problems relating to the subject matter, the work, or the project.
• protected against cuts and abrasions; and
• equipped with horizontal lifeline connection devices capable of locking in both directions on the lifeline when used on suspended scaffolds or similar work platforms that have horizontal lifelines that may become vertical lifelines.
• Self-retracting lifelines and lanyards have ropes and straps (webbing) made of synthetic fibers, and • sustain a minimum tensile load of 3,600 pounds if they automatically limit free fall distance to two (2) feet; or
• sustain a minimum tensile load of 5,000 pounds (includes rip stitch, tearing, and deforming lanyards).
Anchorages support at least 5,000 pounds per person attached and are:
• designed, installed, and used under the supervision of a qualified person • capable of supporting twice the weight expected to be imposed on it; and • independent of any anchorage used to support or suspend platforms.
Positioning Device Restraint Systems
Body belt or body harness systems are set up so that an employee can free fall no farther than two (2) feet, and are secured to an anchorage capable of supporting twice the potential impact load or 3,000 pounds, whichever is greater. Requirements for snap hooks, dee-rings, and other connectors are the same as detailed in this Program under Personal Fall Arrest Systems.
TRAINING
All employees are trained in and familiar with hazards related to falls, and how to use proper procedures to minimize these hazards. Specifically, training must include, at a minimum :
• nature of the fall hazards employees may be exposed to; • the correct use of the site-specific fall plan (Appendix B); • correct procedures for maintaining and inspecting fall protection systems; • use and operation of guardrails, fall restraint systems, and personal fall arrest systems; • requirements of the OSHA Fall Protection Standard .
In addition, retraining must be provided for each employee as necessary, so that the employee maintains the understanding/knowledge necessary for the safe performance of specific tasks needing to be conducted by that individual.
Additional training is provided:
• when there is a change in job responsibilities;
• a change in equipment that present a new hazard; or,
• when their work takes them into hazardous areas .
Additional retraining is also provided whenever a periodic inspection reveals, or whenever there is reason to believe there are deviations from or inadequacies in an employee's knowledge of known hazards.
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Following each training session, the employee is required to sign and date the training record verifying attendance.
Motor Vehicle Incident/Moving Violation Policy
Incident
Any contact between your vehicle and another person, vehicle, or object is considered an incident whether or not there was damage or injury.
Incident Reporting
All incidents, regardless of how minor, must be immediately reported to the dispatcher, or supervisor in accordance with company policy. Failure to report an incident in a timely manner may result in disciplinary action up to and including termination .
Major Safety Incidents
For incident reporting purposes, a major incident is one involving a company vehicle; this includes, but is not limited to:
• Fatality
• Pedestrian or bicyclist incident
• Failure to stop and immediately report an incident in which you are involved • Driver cited for a moving violation
• Any injury requiring medical attention away from the scene • Property damage in excess of $5,000
• Vehicle fire
• Incidents where driver drug and/or alcohol may be involved Minor Safety Incidents
All other incidents that do not meet the definition of a "major" incident.
Safety Investigation leave
Any employee involved in a major incident will be placed on administrative leave while the incident is being investigated to determine root causes and preventability. Administrative leave is unpaid unless the incident is determined to be non-preventable. Employees may perform other non-safety sensitive work if available and/or appropriate until final determination is made.
Safety Point System
Commercial Waste Services safety results are directly relat ed to the actions and behaviors of our employees . At-risk behaviors lead to incidents and injuries. Therefore, all Commercial Waste Services safety sensitive employees are subject to a Safety Point Program rating which assesses cumulative points for at risk behaviors and actions.
Any work-related incident, which involves an employee at Commercial Waste Services will be investigated and may result in Safety Points being assigned.
If the incident is determined to have been preventable by the Commercial Waste Services employee, then it will be considered a preventable incident. While an incident may not be legally considered your "fault", it will be treated as preventable, regardless of the cost to Commercial Waste Services. Even minor damage incidents cost the company money in terms of repairs, lost vehicle or driver time, staff time etc. Any damage to a company vehicle will City of Hawaiian Gardens - April 2018
80 10. Employee Safety and Training
automatically be assessed to the most recent employee who drove that vehicle and who failed to report it on a daily vehicle inspection report (DVIR).
Preventability of Incidents
The determination as to whether an incident could have been preventable will be made by the Fleet Manager and/or Safety Director. It is subject to review by the Operations Manager; if there is a disagreement it will be given to the General Manager who will make the final determination based on all available evidence.
Disciplinary Action
Any employee who has a preventable incident will be subject to re-training and/or discipline up to and including termination based on the safety point system.
Although most situations will be addressed by issuing safety points, Commercial Waste Services reserves the right to impose discipline, up to and including termination, for any unsafe act, failure to follow safe work practices and/or procedures, or negligent operation of a company vehicle regardless of the point assessment under the safety point system. Unsafe behaviors are also su bject to disciplinary action regardless of whether they lead to injury.
Accruing Safety Points
All preventable incidents will be assigned points in the following manner:
Unsafe maneuver(s) or act
Failure to conduct a proper vehicle inspection report (DVIR) Improper following distance
Conviction of a minor traffic violation
Backing related incident
Minor preventable incident
Any use of a cell phone while operating company vehicle Major preventable incident that does not involve serious injury, death and/or property damage in excess of $25,000
Major preventable incident with serious injury, death, and/or property damage in excess of $25,000
Failure to immediately report a citation or incident in a company vehicle
Tampering with, disabling, or otherwise interfering with an on-board camera, or other monitoring equipment
Conviction of a major traffic violation *
One (1) point
One (1) point
Two (2) points
Two (2) points
Two (2) points
Two (2) points
Three (3) points
Four (4) points
Six (6) points
Six (6) points
Six (6) points
Six (6) points
(*) A major traffic violation is any citation, in either a personal or company vehicle, that involves any item listed under the "major safety incident" section above, or below and/or:
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3) Driving while your license is suspended or revoked;
4) Reckless driving;
5) Leaving the scene of an accident.
Maximum Allowable Safety Points
For introductory employees: Receipt of four (4) or more points during the introductory period will result in termination. In addition, receipt of two (2) separate safety point assessments during the introductory period will result in termination, regardless of the employee's total point count.
For non-introductory period employees: In any rolling 12-month period of employment, receipt of six (6) or more points will result in termination . Any infraction which occurred more then 12-months prior would no longer be included in the safety point count. In addition, receipt of three (3) separate safety point assessments in any rolling 12-month period will result in termination regardless of employee's total point count.
Retraining
Commercial Waste Services reserves the right to require an employee attend retraining in addition to any discipline imposed. Failure to attend mandated retraining course will result in disciplinary action up to and including termination.
Retraining is not just based on vehicle incidents but may also be required based on route observations made by supervisors and managers.
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TERMS AND DEFINITIONS
Anchorage : a secure point of attachment for lifelines, lanyards, or deceleration devices.
Body Belt: a strap with means both for securing it about the waist and for attaching it to a lanyard, lifeline, or deceleration device.
Body Harness: straps that may be secured about the person in a manner that distributes the fall-arrest forces over at least the thighs, pelvis, waist, chest, and shoulders with a means for attaching the harness to other components of a personal fall arrest system.
Connector: A device that is used to couple (connect) parts of a personal fall arrest system or positioning device system together.
Deceleration Device: any mechanism, such as a rope, grab, rip stitch lanyard, specially-woven lanyard, tearing lanyard, deforming lanyard, or automatic self-retracting lifeline/lanyard, which serves to dissipate a substantial amount of energy during a fall arrest, or otherwise limits the energy imposed on an employee during fall arrest.
Deceleration Distance: the additional vertical distance a falling person travels, excluding lifeline elongation and free fall distance, before stopping, from the point at which a deceleration device begins to operate.
Guardrail System : a barrier erected to prevent employees from falling to lower levels.
Hole: a void or gap two (2) inches (5.1 centimeters) or more in the least dimension in a floor, roof, or other walking/working surface.
Lanyard: a flexible line of rope, wire rope, or strap that generally has a connector at each end for connecting the body belt or body harness to a deceleration device, lifeline, or anchorage.
Leading Edge: the edge of a floor, roof, or formwork for a floor or other walking/working surface (such as a deck) which changes location as additional floor, roof, decking, or formwork sections are placed, formed, or constructed.
Lifeline: a component consisting of a flexible line for connection to an anchorage at one end to hang vertically (vertical lifeline), or for connection to anchorages at both ends to stretch horizontally (horizontal lifeline), that serves as a means for connecting other components of a personal fall arrest system to an anchorage.
Opening: 30 inches (76 centimeters) or higher and 18 inches (46 centimeters) or wider, in a wall or partition through which employees can fall to a lower level.
Personal Fall Arrest System: a system including but not limited to an anchorage, connectors, and a body harness used to arrest an employee in a fall from a working level.
Positioning Device System: a body belt or body harness system rigged to allow an employee to be supported on an elevated vertical surface, such as a wall, and work with both hands free while leaning backwards.
Self-Retracting Lifeline/Lanyard: a deceleration device containing a drum-wound line which can be slowly extracted from, or retracted onto, the drum under minimal tension during normal employee movement and which, after onset of a fall, automatically locks the drum and arrests the fall.
City of Hawaiian Gardens - April 2018
83 10. Employee Safety and Training
Snap Hook: a connector consisting of a hook-shaped member with a normally closed keeper, or a similar arrangement, which may be opened to permit the hook to receive an object and, when released automatically, closes to retain the object.
Toeboard: a low protective barrier that prevents material and equipment from falling to lower levels and which protects personnel from falling.
Unprotected Sides and Edges: any side or edge (except at entrances to points of access) of a walking/working surface (e.g., floor, roof, ramp, or runway) where there is no wall or guardrail system at least 39 inches (1 meter) high.
Walking/Working Surface : any surface, whether horizontal or vertical, on which an employee walks or works, including but not limited to floors, roofs, ramps, bridges, runways, formwork, and concrete reinforcing steel.
Does not include ladders, vehicles, or trailers on which employees must be located to perform their work duties.
City of Hawaiian Gardens - April 2018
84 N
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Equipment Operator - MRF
Company Name: Commercial Waste Services
Analysis Completed By: Ruben Hernandez
Date: January 1, 2018
Note: If you do not have safe work procedures that identify potential hazards, ensure you identify and address all potential hazards and preventive measures.
Required Personal Protective Equipment (PPE): ANSI approved high visibility clothing ; safety glasses; work boots; gloves; hearing protection.
~\;:-·,·:~::,__ .• ~, .. _,J; --~--Job_;Jask/Step_s·: .' a~·-_ :~<ti?.t.?\,;,::;,;., ··;: __ ;,,. · ,Potential·Accidents""or Hazards·_ :··. · __ ' _ · _ >."•,_. , · __ "'--cPreventive Measures , -____ -___ ·-._ ., ; ::[.• Conduct Pre-Trip/Post-Trip Inspection Slips, trip and falls. Bad weather conditions. Working in Wear appropriate Personal Protective Equipment (PPE) for the task and the dark (outside) and poor lighting. Working in tight spots weather conditions. Ensure work boots are laced and have good treads. with above mentioned hazards. Keep mind on-task. Have proper lighting (i.e. well-lit yard , fiashlight or a clip-on light). Take your time.
Walking in Material Recovery Facility Slips, trips and falls. Ensure walking surfaces are clear of slip, trip and fall hazards. Wear appropriate foot wear; make sure they are laced and have good treads.
Walking/Working around Trucks and Heavy Equipment Struck by trucks entering/exiting facility. Struck by Wear appropriate Personal Protective Equipment (PPE) for the task; PPE material handling equipment such as skid steers, front- shall include ANSI approved high vi sibility clothing . Make eye contact with end loaders etc. drivers and operators; no talking or texting on phones. Be aware of surroundings.
Entering/Exiting Equipment Slips, trips and falls. Maintain 3 points of contact when entering and exiting the equipment.
Work boots are laced and have good treads. Make sure the steps of the equipment are not damaged and are clear of debris. Do not have anything in your hands.
Operating Heavy Equipment Exposure to loud noise for extended periods of time. Wear appropriate Personal Protective Equipment (PPE) for the task; PPE Exposed to fiying dust and debris. shall include hearing protection with the appropriate noise reduction rating , and eye protection.
Operating Heavy Equipment Collisions with other vehicles. Striking fixed objects. Obey all speed limits and dedicated traffic patterns. Keep eyes moving, Striking pedestrians. being alert to pedestrians. Secure vehicle when stopped. Wear appropriate Personal Protective Equipment (PPE) when out of equipment and working around other traffic; includes ANSI approved high visibility clothing , safety glasses and hard hat if potential for falling or fiying objects.
When entering facility from outside, allow your eyes to adjust to lighting.
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Company Name: Commercial Waste Services
Analysis Completed By: Ruben Hernandez
Date: January 1, 2018
Note: If you do not have safe work procedures that identify potential hazards, ensure you identify and address all potential hazards and preventive measures.
Required Personal Protective Equipment (PPE): ANSI approved high visibility clothing; safety glasses; work boots; gloves.
~ .• ,,.:.t::,":~"'iJ;!];:::· tJooffask/Step__s. _.,: «,.;,~., .. ,.~~''_':;·:_-,._Potential Accidents-·o!;_t_Hazards : · __ ·"': . : .-- ; ·: : __ ,. ___ . Preventive Measures-_'.,------ -· _ .. ·-1 Conduct Pre-Trip/Post-Trip Inspection Sli ps, trip and falls. Bad weather conditions. Working in the Wear appropriate Personal Protective Equipment (PPE) for the task and dark (outside) and poor lighting. Working in tight spots with weather conditions. Ensure work boots are laced and have good treads. above mentioned hazards. Keep mind on-task. Have proper lighting (i.e. well-lit yard , flashlight or a clip-on light). Take your time.
Entering Truck Slips, trips and falls. Maintain 3 points of contact when entering and exiting the vehicle. Work boots are laced and have good treads. Make sure the steps of the truck are not damaged and are clear of debris. Do not have anything in your hands.
Route Driving Unsafe driving by others. Pedestrians and bicyclists. Bad Use safe driving habits and be alert for others. Obey all traffic laws and weather, road conditions, construction, etc. Fatigue. Backing company policies. Drive defensively. No talking or texting on cell phones. into tight locations. Fi xed objects; including overhangs. Be well rested and aware of the road conditions. When backing be sure there is nothing behind you , when in doubt get out and check. Be sure there is enough clearance around the truck, including overhead .
Walking to and/or from Truck Slips, trips and falls. Struck by other vehicles. Wear appropriate Personal Protective Equipment (PPE) for the task; PPE should include ANSI approved high visibi lity clothing , and appropriate safety boots that are laced properly and have good tread for maximum traction.
Tarping Bins Fall from heights if tarping manually. If truck is not equipped with automated tarping system , use extension pole to apply tarp manually. When working off of the ground level utilize fall protection equipment. Use a step-ladder to gain temporary access to elevated heights.
Handling Sharps, Needles, and other Potential Infectious Materials Lacerations and/or skin punctures. Disease or infection from Proper training on bloodborne pathogens . Complete series of hepatitis contaminated materials. vaccinations. Do not handle broken glass, needles, or other potentially contaminated materials with your hands. Wear protective gloves.
Work in Inclement Weather Conditions Heat related illnesses such as heat exhaustion, heat stroke. Dress for conditions and know the signs of heat illness and/or hypothermia.
Hypothermia, frost bite due to extreme cold. Slips and falls Stay hyd rated at all times. Ensure work boots have good treads. associated with wet surfaces.
Unloading Materials at MRF or Landfill Collision with other vehicles. Striking fixed objects. Striking Obey all speed limits and dedicated traffic patterns. Keep eyes moving, pedestrians. Being struck by other vehicles. being alert to pedestrians. Secure vehicle when stopped for unloading.
Wear appropriate Personal Protective Equipment (PPE) when out of truck and working around other traffic; includes ANSI approved high visibility clothing and hard hat if potential for falling or flying objects.
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Driver - Front Load
Company Name: Commercial Waste Services
Analysis Completed By: Ruben Hernandez
Date: January 1, 2018
Conduct Pre-Trip/Post-Trip Inspection
Entering/Exiting Truck
Route Driving
Walking to and/or from Truck
Manual Material Handling/Pushing & Pulling Bins
Handling Sharps, Needles, and other Potential Infectious Materials Work in Inclement Weather Conditions
Unloading Materials at MRF or Landfill
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Note: If you do not have safe work procedures that identify potential hazards, ensure you identify and address all potential hazards and preventive measures.
Required Personal Protective Equipment (PPE): ANSI approved high visibility clothing ; safety glasses; work boots; gloves.
Slips, trip and falls. Bad weather conditions. Working in the dark (outside) and poor lighting. Working in tight spots with above mentioned hazards.
Slips, trips and falls.
Unsafe driving by others. Pedestrians and bicyclists. Bad weather, road conditions, or poorly maintained roads.
Fatigue.
Slips, trips and falls. Struck by other vehicles.
Slips, trips and falls. Caught-in/between bin and fixed objects. Struck by lids or rolling bin. Strains associated with pushing/pulling bins to/and from location.
Lacerations, or skin punctures. Disease or infection from contaminated materials.
Heat related illnesses such as heat exhaustion, heat
stroke. Hypothermia, frost bite due to extreme cold. Slips and falls associated with wet surfaces.
Collision with other vehicles. Striking fixed objects. Striking pedestrians. Being struck by other vehicles.
Wear appropriate Personal Protective Equipment (PPE) for the task and weather conditions. Ensure work boots are laced and have good treads.
Keep mind on-task. Have proper lighting (i.e. well-lit yard, flashlight or a clip-on light). Take your time.
Maintain 3 points of contact when entering and exiting the vehicle. Work boots are laced and have good treads. Make sure the steps of the truck are not damaged and are clear of ice/snow/dirt Do not have anything in your hands.
Use safe driving habits and be alert for others. Obey all traffic laws and company policies. Drive defensively. No talking or texting on cell phones.
Be well rested and aware of the road conditions.
Wear appropriate Personal Protective Equipment (PPE) for the task; PPE should include ANSI approved high visibility clothing , and appropriate safety boots that are laced properly and have good tread for maximum traction.
Wear appropriate Personal Protective Equipment (PPE) for the task; ensure work boots are laced and have good treads. Wear protective gloves. Keep mind on-task. Stretch prior to beginning work, and throughout shift. Use pushing method, rather than pulling when possible for moving bins.
Proper training on bloodborne pathogens. Complete series of hepatitis vaccinations. Do not handle broken glass, needles, or other potentially contaminated materials with your hands. Wear protective gloves.
Dress for conditions and know the signs of heat illness and/or hypothermia.
Stay hydrated at all times. Ensure work boots have good treads.
Obey all speed limits and dedicated traffic patterns. Keep eyes moving, being alert to pedestrians. Secure vehicle when stopped for unloading.
Wear appropriate Personal Protective Equipment (PPE) when out of truck and working around other traffic; includes ANSI approved high visibility clothing and hard hat if potential for falling or flying objects. '-JL_ _____________________ L_ __________________ _._ _______________________ ___,
11. Implementation Plan
11. Implementation Plan
Commercial Waste Services recognizes the importance of a smooth transition; benefiting both the city and the awarded service company. The key components of the plan proposed by Commercial Waste Services consists of three key concepts:
1. Education
2. Consideration
3. Execution
Education is an integral part of Commercial Waste Services' mission to enhance the future of waste handling services. As is important in all aspects, an educated community is a prepared community. With this in mind, Commercial Waste Services will educate the staff of the current process by which waste is collected within the City of Hawaiian Gardens. An analysis of the current waste removal schedule will be conducted to strategize and establish the most efficient and non-disruptive execution of the plan.
City of Hawaiian Gardens -April 2018 88
11. Implementation Plan
1. Education
It is a crucial part of the initial stages of implementation that CWS staff is prepared to aid the community by familiarizing themselves with the current ongoings in the City of Hawaiian Gardens. CWS will achieve this preparation by utilizing the residential data set supplied by the City of Hawaiian Gardens to populate the customer database and to prepare its distribution plan. The distribution plan will include the distribution of Public Education Materials (PEM's) to notify residents about the benefits of the new contract and how they may take full advantage of all the new programs available to them. • Pamphlets will provide information regarding the distribution of new containers, when the residents can expect them to arrive, and the process for exchanging them. We will also include reminders regarding the proper materials to be placed in each container. • Public Education Materials will be hand delivered to every residential door to ensure that all residents receive notification.
2. Consideration
When making a change as large as this, it is important to be considerate of the community, the City, and the previously contracted company, which is why CWS chooses to meet with current haulers as an important step for a smooth transition . CWS has decided to share a delivery schedule of containers to allow the previous hauler to know when they would be expected to remove containers . As it is key to make a speedy transition as well as efficient, CWS will also allow the current hauler to use our transitional storage facility to help in facilitating the change most considerately.
A transition facility will be acquired by CWS in order to aid in the storage of equipment to be moved in as well as to be used temporarily by the current hauler so as not to have any delays in the proposed transition schedule. A transition facility is a storage lot large enough to store the carts and bins required to service the City of Hawaiian Gardens. This process will aid in streamlining the process of CWS feels by obtaining a transition facility scheduling all the bins and carts to get delivered prior the implementation phase will streamline the whole process. Not only will this allow CWS to provide better more efficient service and a quicker transition period this will also reduce a great deal of traffic for the City of Hawaiian Gardens, thereby reducing unnecessary wear and tear on city streets. It will also reduce the amount CWS vehicles travel, reducing fuel consumption, reducing excess emissions and reducing fuel consumption costs resulting in more competitive rates for the residents and businesses of the City of Hawaiian Gardens.
City of Hawaiian Gardens - April 2018 89
11. Implementation Plan
3. Execution
All containers are supplied from the manufacturer identified by a unique barcode with a corresponding serial number. These barcodes are scanned upon delivery and picked up to ensure that each resident and business is serviced promptly and as scheduled.
The barcode reader is paired to a device with internet access through a cellular network. As the container is scanned it is paired with the correct address within our headquarters' database.
A crew is organized w ith the responsibility to perform the Initial Bin Distribution, delivering carts to 500 customers per day.
• Flatbed vehicles will be used to deliver carts and dumpsters. • All new carts and dumpsters will be accompanied by a notice/flyer describing the City's automated collection services, the purpose and proper use of each cart and/or dumpster. • Said notice/flyer will also include information on placement of carts and dumpsters for collection, care for carts and dumpsters, collection schedule, guidelines and rules, procedures for requesting additional and/or replacement carts and dumpsters.
• Commercial Waste Services' contact information will be provided to each resident and business owner serviced including appropriate telephone numbers and email addresses. • The notice/flyer shall advise customers to refrain from parking vehicles in obstruction of the carts and/or dumpster on collection day.
• The distribution team will file regular reports on the completion of each route segment to ensure full and proper distribution.
a. Public Education Materials (PEM's)
Commercial Waste Services will utilize the residential data set supplied by the City of Hawaiian Gardens to populate the customer database and to prepare its distribution plan. The distribution plan will include the distribution of Public Education Materials to notify residents about the benefits of the new contract and how they may take full advantage of all the new programs available to them . • Pamphlets will provide information regarding the distribution of new containers, when the residents can expect them to arrive, and the process for exchanging them . We will also include reminders regarding the proper materials to be placed in each container. • Public Education Materials will be hand delivered to every residential door to ensure that all residents receive notification.
b. Cart Distribution
All containers are supplied from the manufacturer identified by a unique barcode with a corresponding serial number. These barcodes are scanned upon delivery and picked up to ensure that each resident and business is serviced promptly and as scheduled.
The barcode reader is paired to a device with internet access through a cellular network. As the container is scanned it is paired with the correct address within our headquarters' database. • A crew is organized with the responsibility to perform the Initial Bin Distri bution, delivering carts to 500 customers per day.
City of Hawaiian Gardens - April 2018 90
•
•
•
•
•
•
c.
•
11. Implementation Plan
Flatbed vehicles will be used to deliver carts and dumpsters .
All new carts and dumpsters will be accompanied by a notice/flyer describing the City's automated collection services, the purpose and proper use of each cart and/or dumpster.
Said notice/flyer will also include information on placement of carts and dumpsters for collection, care for carts and dumpsters, collection schedule, guidelines and rules, procedures for requesting additional and/or replacement carts and dumpsters.
Commercial Waste Services' contact information will be provided to each resident and business owner serviced including appropriate telephone numbers and email addresses.
The notice/flyer shall advise customers to refrain from parking vehicles in obstruction of the carts and/or dumpster on collection day.
The distribution team will file regular reports on the completion of each route segment to ensure full and proper distribution.
Commercial Bin Delivery Plan
Commercial Waste Services will be utilizing Distributors' unlimited to supply all the commercial containers the city of Hawaiian Gardens would require.
• Commercial Waste Services will have sufficient recycling containers in stock to create new recycling accounts for all commercial customers.
• Commercial Waste Services and the manufacturer will work together to distribute containers to all commercially served customers in cooperation with the current contracted hauler to ensure minimal disruption and a seamless transition to the customers. • Commercial Waste Services proposes to use a variety of types of container delivery trucks for the City of Hawaiian Gardens:
• Container delivery trucks are designed to deliver commercial containers without damaging the surface of the customer's property.
• They are light and quiet so as to not disturb residents. • Depending on the needs, Commercial Waste Services will use container storage trucks to deliver one dumpster at a time or multiple containers simultaneously. • If need be, these trucks can be used to pull out dumpsters from tight alley or other hard to service areas.
• In addition, Commercial Waste Services strives to provide the safest, environmentally protective and most efficient fleet possible by equipping collection vehicles with one or more of the following items depending on the application and configuration of the vehicle:
• "Pack at idle systems" and Engine Idle time limiter to reduce emissions • Automatic transmissions that reduce emissions and allow drivers to focus more on their City of Hawaiian Gardens -April 2018 91
11. Implementation Plan
surroundings and safety versus shifting gears
• Retarders to assist in braking.
• Larger than industry standard brake lining to improve overall braking performance All equipment is well maintained and will be kept in a "like new," safe and clean operating condition throughout the term of the agreement. We accomplish this by using synthetic or semi-synthetic fluids that allow for extended oil drain intervals in engines, transmissions, differentials and hydraulic systems. The use of these fluids reduces the amount of virgin petroleum stock required as well as reduces the amount of used oils that are returned to the environment.
All trucks are outfitted with safety equipment to protect the vehicle operator and those around him or her. For example, back-up alarms and flashers warn vehicles or people nearby that the truck is in motion.
All trucks are equipped with a rear camera that relays images onto a monitor inside the truck cab to show the driver what is behind him in the truck's blind spot. d. Community Meetings
• Prior to the beginning of the Contract, Commercial Waste Services shall conduct community meetings to introduce residents, multifamily residents, businesses, commercial establishments, and industrial customers within the City of the City's services and to outline new programs and service offerings.
• At least two weeks prior to the scheduled community meetings, Commercial Waste Services will notify all customers of the upcoming meetings.
• By answering residents' questions and introducing new value added services in person, we aim to make customers comfortable and well informed about any proposed services offered and of any changes to existing services.
• Collection containers and Public Education Materials will be on-site giving customers the opportunity to see the services available to them first hand. • Additional informational meetings will be held as needed during the life of the contract. e. 26 Point Implementation Check List
✓ Receive Award of Franchise
This would be the date that we would get awarded the franchise agreement at the city council meeting.
✓ First Public Awareness Mailer
This would be the first outreach the residents of Hawaiian Gardens would receive. The mailer would consist of our contact information. Inform the residents of any changes they may City of Hawaiian Gardens - April 2018 92
11. Implementation Plan
experience. Inform residents that service days will be the sa me as well as containers and discuss ways to increase recycling.
✓ Place Vehicle Order
We would contact Rush Truck Center and place a order for ou r CNG vehicles . Also contact Am rep located in Ontario California to order the truck bodies. ✓ Place Carts/Bins Order
We would contact Schaefer Containers to order t he plastic residential carts . We would contact Distrib utors Unl imited located in Montebello California to manufacture the metal commercial containers. Both of these processes are estimated to take around 60 days to complete. ✓ M eeting With Current Hauler
We would meet with the current hauler to discuss and collaborate a transition plan. We would also obtain customer data and service routes.
✓ Meeting With City and Discuss Transition Plan
We would meet with t he city and show that equipment has been ordered. Discuss completion commitments vendors have made. Discuss current hauler willingness to cooperate. ✓ Receive/ Review Route Data
This is when we would receive the route data from the current hauler. We would review the data and analyze it for accuracy.
✓ Send Community Meeting Notice
We would send a community meeting notice that would inform residents ✓ Newsletter Articles
✓ Mail Subscription Orders
✓ Job Offer For Former Employees
✓ Residents Job Fair
✓ Finalize All Contract Deliverables
✓ Public Educational Mailer
✓ Hold Community Meetings
✓ Receive New Carts/Bins
✓ Receive New Trucks
✓ Customer Service Training
✓ Dry Run Commercial Routes
✓ Dry Run Residential Routes
City of Hawaiian Gardens - April 2018 93
11. Implementation Plan
✓ Third Public Awareness Mailer
✓ Review Route Sheets
✓ Delivery of New Carts
✓ Collection Starts
✓ Review Transition With City
✓ Submit Monthly Reports
City of Hawaiian Gardens -April 2018 94
Proposed Transition Schedule
Award May ~ • •' • ;(l ,'-;~ June June July
5th Week L.~~~~~i~ 3rd Week 4th Week
Receive Award of Franchise
First Public Awareness Mailer
Place Vehicle Order
Place Carts / Bins
Meeting W / City Transition Plan
Meeting With Current Hauler
Receive / Review Route Data
Send Community Meeting Notice 5-28-2018
Newsletter Articles 5-28-2018
Mail Subscription Orders 5-28-2018
Job Offer For Former Employees 5-28-2018
Residents Job Fair 5-28-2018
Finalize All Contract De liverables 5-28-2018
7-1-2018
7-1-2018
Rece ive New Carts/Bins 6-11-2018
Customer Service Training 6-11-2018
Dry Run Commercial Routes 6-11-2018
Dry Run Residential Routes 6-11-2018 N
New Service Awareness Mailer 6-18-2018 ~
Review Route Sheets 6-18-2018 3
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Delivery of New Carts 6-18-2018 ~
3 Collection Starts 7-1-2018 rl)
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Review Transition W / City 7-1-2018 Q
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Submit Monthly Reports 8-31-2018 :J
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11. B Organic Waste Recycling
11.B Organics Waste Recycling
Commercial Waste Services (CWS) will contract with Clements Environmental Corp. (Clements) to provide all customer education, outreach, and training. This work will also include waste characterization assessments and surveys to determine the success and deficiencies of the organics program . Clements will also provide similar work for the commercial recycling outreach, training, and waste assessments.
The following is a copy of the organics waste recycling programs as outlined in the work plan.
As described in Section 6.2.1 :
Residential Organics and Food Waste Recycling
Commercial Waste Services will offer an optional organics and food waste recycling program to its residential customers. CWS will contract with Clements Environmental Corp. (Clements) to provide all organics program education, outreach, and waste characterization work. CWS, in collaboration with Clements, proposes the following for its food waste recycling program:
1. All residential customers will receive an invitation to participate in the optional food waste recycling program upon start of service, along with program-specific informational pamphlets (PEMs), and instructions on what materials are allowed and are not allowed in the cart. The program will utilize the existing residential 64-gallon green waste cart.
2. Prior to or within the first ninety (90) days of starting food waste collection services, a Clements account representative w ill visit the residential home to provide a one-on-one introductory presentation on food waste recycling, what to do, and what to expect.
3. On this initial site visit, the account representative will also conduct a foodwaste survey to determine an estimated foodwaste quantity and type from the enrolled household. This survey takes into consideration number of residents within the household, household grocery budget, and diet.
4. Residential customers enrolled in this program will be allowed to place their foodwaste materials in their green waste carts. Depending on the level of participation, a separate collection vehicle may service these accounts.
5. These organic materials will be delivered to Oak Tree Worm Farm to be processed into nutrient-rich compost through the vermicomposting process .
6. At least once a year, a Clements account representative will conduct a waste characterization study on the residential household's organics cart to assess the ratio of foodwaste to greenwaste, and percentage of contamination (e.g. non-organics).
7. At least one a year, Clements will facilitate a waste characterization study on the organic waste tipped at Oak Tree Worm Farm as part of this program to provide the City with information on the effectiveness and potential deficiencies of this program.
8. Residents enrolled in this program will receive quarterly PE Ms relating to organic and food waste recycling, relevant state regulations (e.g. AB 1826 and SB 1383), and any program progress reports.
City of Hawaiian Gardens -April 2018
96 9.
11. B Organic Waste Recycling
On a regular basis, CWS will provide program progress reports to the City detailing program successes and deficiencies. These progress reports will contain the results from any completed waste characterization studies.
10. Per State regulations (AB 1826 and SB 1383), CWS will provide copies of all education and outreach material provided to the City along with the frequency of material distribution.
As described in Section 6.3.8:
Multifamily Green Waste/ Organics Recycling Collection
To help the City meet the requirements of AB 1826, the mandatory commercial and multi-family organics recycling regulations, CWS will enroll all multi-family businesses in an organics recycling program. With the help of Clements, CWS proposes the following for the multi-family organics recycling program:
1. All multi-family complex owners and residents will receive an invitation to participate in the organics program upon start of service, along with program-specific informational pamphlets (PEMs), and instructions on what materials are allowed and are not allowed in the cart. This program will offer a new 96-gallon green waste cart.
• Based on industry experience, the 96-gallon cart for an organics program can weigh over 400 pounds from dense food waste and other organics, thus being very difficult to handle safely. CWS will continually evaluate this program, and substitute the 96-gallon cart for multiple smaller carts.
2. In addition to the PEMs, all multi-family complex owners and residents will initially receive information about AB 1826 regulatory requirements. As new regulations are adopted, these customers will received updated information as applicable to their collection service.
3. Prior to or within ninety (90) days of starting food waste collection services, a Clements account representative will visit the multi-family complex to provide a one-on-one introductory presentation on food waste recycling, what to do, and what to expect.
4. On this initial site visit, the account representative will also conduct a foodwaste survey to determine an estimated foodwaste quantity and type from the enrolled household. This survey takes into consideration number of residents within the household, household grocery budget, and diet. This information may be provided by the complex manager in lieu of individual complex units, or estimated using best available data.
5. Multi-family customers enrolled in this program will be allowed to place their foodwaste materials in their green waste carts. Depending on the level of participation, a separate collection vehicle may service these accounts.
6. These organic materials will be delivered to Oak Tree Worm Farm to be processed into nutrient-rich compost through the vermicomposting process.
7. At least once a year, a Clements account representative will conduct a waste characterization study on the multi-family complex's organics cart to assess the ratio of foodwaste to greenwaste, and percentage of contamination (e.g. non-organics).
City of Hawaiian Gardens -April 2018
97 8.
11. B Organic Waste Recycling
At least once a year, Clements will facilitate a waste characterization study on the organic waste tipped at Oak Tree Worm Farm as part of this program to provide the City with information on the effectiveness and potential deficiencies of this program.
9. Residents enrolled in this program will receive quarterly PE Ms relating to organic and food waste recycling, relevant state regulations (e.g. AB 1826 and SB 1383), and any program progress reports.
10. On a regular basis, CWS will provide program progress reports to the City detailing program successes and deficiencies. These progress reports will contain the results from any completed waste characterization studies.
11. Per State regulations (AB 1826 and SB 1383), CWS will provide copies of all education and outreach material provided to the City along with the frequency of material distribution.
As described in Section 6.4.5:
Commercial Organics Recycling Program
In compliance with AB 1826, CWS will evaluate each commercial business to determine the estimated solid waste and organic waste generated per week. CWS will compare this waste study with the current collection services to assess which businesses are currently in compliance with these regulations, and which businesses to target for program implementation. CWS will complete this assessment as expeditiously as possible to understand the City's commercial businesses' waste generation.
Consistent with the requirements of AB 1826, all businesses which generate eight (8) cubic yards or more of solid waste, or four (4) cubic yards or more of organic waste per week will be offered organic waste recycling services.
Starting January 1, 2019, all businesses which generate four (4) cubic yard or more will be offered organic waste recycling services .
CWS proposes to offer all businesses organic waste recycling services, but will target the businesses as described above. Clements will provide all education, outreach, and waste characterization work. CWS proposes the following organics recycling program:
1. All commercial businesses will receive an invitation to participate in the organics program upon start of service, along with program-specific informational pamphlets (PEMs), and instructions on what materials are allowed and are not allowed in the cart. This program will offer a new 96-gallon green waste cart. • Based on industry experience, the 96-gallon cart for an organics program can weigh over 400 pounds from dense food waste and other organics, thus being very difficult to handle safely. CWS will continually evaluate this program, and substitute the 96-gallon cart for multiple smaller carts.
2. In addition to the PEMs, all businesses will initially receive information about AB 1826 regulatory requirements. As new regulations are adopted, these customers will received updated information as applicable to their collection service.
City of Hawaiian Gardens - April 2018
98 3.
4. 11. B Organic Waste Recycling
Prior to or within ninety (90) days of starting food waste collection services, a Clements account representative will visit the business to provide a one-on-one introductory presentation on food waste recycling, what to do, and what to expect.
On this initial site visit, the Clements account representative will also conduct a foodwaste survey to determine an estimated foodwaste quantity and type from the enrolled business. This survey takes into consideration number of persons within the business, number of work shifts, and business operational hours.
5. Businesses enrolled in this program will be provided a 64-gallon or 96-gallon green waste cart and be allowed to place their foodwaste materials in this green waste carts. Depending on the level of participation, a separate collection vehicle may service these accounts.
6. These organic materials will be delivered to Oak Tree Worm Farm to be processed into nutrient-rich compost through the vermicomposting process.
7. At least once a year, a Clements account representative will conduct a waste characterization study on the business' organics cart to assess the ratio of foodwaste to greenwaste, and percentage of contamination (e.g. non-organics).
8. At least one a year, Clements will facilitate a waste characterization study on the organic waste tipped at Oak Tree Worm Farm as part of this program to provide the City with information on the effectiveness and potential deficiencies of this program.
9. Businesses enrolled in this program will receive quarterly PEMs relating to organic and food waste recycling, relevant state regulations (e .g. AB 1826 and SB 1383), and any program progress reports.
10. On a regular basis, CWS will provide program progress reports to the City detailing program successes and deficiencies. These progress reports will contain the results from any completed waste characterization studies.
11. Per State regulations (AB 1826 and SB 1383), CWS will provide copies of all education and outreach material provided to the City along with the frequency of material distribution.
12. As AB 1383 regulations are adopted, CWS will assist the City in all required Food Recovery identification, organization, and outreach.
City of Hawaiian Gardens - April 2018
99 12. Customer Service
12. Customer Service
1) General customer service will include responding to customer inquiries and keeping the City informed of problems issues that arise proposer must be able to facilitate customer service services in both English, Spanish and Korean.
2) CWS will bill customers quarterly for services provided 3) Customer outreach bill inserts describing programs, services, and events will be distributed quarterly. All material shall be reviewed with the City prior to distribution. All educational materials and public outreach will be in English, Spanish and Korean. All educational material will completed at the expense of cws.
4) CWS will have a dedicated area on its website to cater to Hawaiian Gardens residents. The link will allow customers to select services, recycling opportunities, bill paying services and City Communications relevant to waste collection, hazardous waste, special collection events, and public outreach. The site must be presented in English, Spanish and Korean. The website will also post all current and past outreach inserts in PDF form for residents to review.
5) Roxy Petrosian will be the dedicated staff member to respond to service inquiries. She will also conduct weekly meetings to go over weekly snapshots of services provided to the City of Hawaiian Gardens. 6) CWS will have a dedicated toll free phone number for the residents of Hawaiian Gardens to utilize. In addition 2 Customer service representatives will be dedicated to the City of Hawaiian Gardens. If additional calls come in during high call volume days CWS phone lines will roll over to our general customer service representatives.
7) CWS will also have a staff member present at each council meeting to follow up with council and staff and keep the City of Hawaiian Gardens informed of all events. This staff member will also make announcements of events CWS is participating in such as Quarterly Clean Up Events, Free Mulch Giveaway Events and Earth Day just to name a few.
100
City of Hawaiian Gardens -April 2018
12. Customer Service
Some key Customer Service features will also include the following:
Local Office:
Best way to serve the community is to have a office within city limits. This creates many positive opportunities for the city of Hawaiian Gardens. This creates a point of sale all equipment purchased will have a delivery location of Hawaiian Gardens. This allows Hawaiian Gardens to obtain additional revenue from equipment purchased for this contract along with any future growth. This also allows ease of access to employee city of Hawaiian Gardens residents first. This also allows residents and city staff to have direct contact with customer service employees.
No trucks or equipment will be kept at this location.
Phone pop recognition
All customers will be registered in our computer database. Customer phone numbers will be registered with a phone pop feature. As soon as customers call the computer database will recognize the phone number and pull up customer information. This eliminates valuable time asking for names and addresses etc.
Same day service guarantee
Commercial Waste will service Hawaiian Gardens businesses and residents same day on all service requests made prior to noon. All requests made after noon will be serviced prior to noon the following day.
No answering service always live voice
Commercial waste services will not utilize any touch tone services, voice automated services, 30 Second Hold Time Guarantee.
All Calls will be answered immediately. No customer will be required to hold more than 30 seconds on initial calls Dedicated Customer Service Representative
Commercial Waste Services will have employees that only dedicate time to the city of Hawaiian Gardens. We have learned that this
Dedicated Phone Number
Commercial waste services (833) 442-4899 (833) HG-CITY-9 Route Supervisor in city on daily basis
Route supervisor will go through the city on a daily basis checking on containers that need exchanging. Reporting illegal dumping. Graffiti issues on containers
Call Logs
Commercial Waste Services will keep records of all call logs made available to city staff upon request.
City of Hawaiian Gardens - April 2018
101
12. Customer Service
Complaint Logs
Commercial Waste Services will keep records of all complaint logs and make it avai lable for city staff upon request Website Service
CWRServices.com will have a dedicated area for Hawaiian Gardens businesses and residents. The side will allow customers to pay bills request service, Check on scheduled services. Check on past bills paid and payments.
Monthly Meetings
Commercial Waste services will have monthly scheduled meeting with city staff. City staff will be presented with a tonnage report of all tonnage collected from the city, all call logs, all complaint logs. List of containers exchanged.
Field Representative
Field Rep will deal with residential and business customers on the day to day basis. They will also help develop recycling programs.
City Liaison
Commercial waste services will have a city liaison that will attend all council meetings chamber events earth day. (list of all the other city sponsored events)
Field Supervisor
Field supervisor will follow up with customer requests to ensure drivers service all customers.
City of Hawaiian Gardens - April 2018
102
14. Insurance Requirements
14. Insurance Requirements
Insurance Type of Policy# Start Date Exp. Date Limit
Company Coverage
Financial Pacific Commercial 60461149 5/3/2017 5/3/2018 $1,000,000 General Liability
State Fund Workers Comp 9167287-2017 10/1/2017 10/1/2018 $1,000,000 Financial Pacific Automobile 6041149 5/3/2017 5/3/2018 $1,000,000 Liability
James River Umbrella MKLV2EUL101353 5/3/2017 5/3/2018 $20,000,000 Insurance Liability
Company
Due to Many policies ready to expire please contact the below contact for updated policy information Erin Viker
877-730-1222 Office
208-577-6769 Direct
805-868-7231 Cell
805-545-8224 Fax
[email protected]
www.mmtinsurance.com
City of Hawaiian Gardens -April 2018
103
15. Past Pending Litigation: Judgement, Penalties, Fines and Violations
15. Past Pending Litigation: Judgement, Penalties, Fines and Violations Commercial Waste Services does not have any past or pending litigation (Judgement, Penalties, Fines and or Violations).
City of Hawaiian Gardens -April 2018
104
16. Guarantees and Sureties
✓ ARGO SU RE T Y Bond No.: C MG B0002702
BID BOND Argonaut Insurance Company
Deliveries Only: 225 W. Washington, 24th Floor, Chicago, IL 60606 United States Postal Service: P.O. Box 469011 , San Antonio, TX 78246 KNOW ALL MEN BY THESE PRESENTS: That we
Commcr·cial Waste Services, Inc.
called the Principal. and Argonaut Insurance Company, an Illinois corporation, called the Surety, are held and firmly bound unto
City of Hawaiian Gardens
called the Obligee, in the sum of Twenty Five Thousand and 001100 U.S. Dollars($ 25 000.00 ), for the payment of which we bind ourselves , and our successors and assigns, jointly and severally, as provided herein.
WHEREAS, Principal has submitted or is about to submit a bid to the Obligee on a contract for Solid Waste & Recycling Collection Services *RFP No . 20 18- 002 ("Project").
NOW, THEREFORE, the condition of this bond is that if Obligee accepts Principal's bid, and Principal enters into a contract with Obligee in conformance with the terms of the bid and provides such bond or bonds as may be specified in the bidding or contract documents, then this obligation shall be void; otherwise Principal and Surety will pay to Obligee the difference between the amount of Principal's bid and the amount for which Obligee shall in good faith contract with another person or entity to perform the work covered by Principal's bid, but in no event shall Surety's and Principal's liability exceed the penal sum of this bond. * Subject to surety approva l of Annual Performance Bond Signed this ___ 19_t_h ___ day of ____ A~p-r_il ____ , _2_0_1s ____ _
PRINCIPAL
ARGONAUT INSURANCE COMPANY
Ste. 426
Attorn6,y-in-F act
City of Hawaiian Gardens -April 2018
105
16. Guarantees and Sureties
CMGB0002702 Argonaut Insurance Company
Deliveries Only: 225 W. Washington, 24th Floor
$0.00
KN(l\\
llli1h,is
Chicago, IL 60606
United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY :\ l l :\ ll:N l~ Y r~ IF.~F PRt_:sF_NTS: , l'hnl 1hc :"-.rgorn1111_ ln~urnm:c C'o111 p11ny. n ~orpornlirn~ duly organiz:tl and cx istinf under the laws of the State of and h:1,·m~ 11 s 1w1 1h:1pal nll1l'1.' m lhl' (. 011nty ol l onk. 11111101s docs hcrchy 11nm111atc, const1tutc and appomt: / (.iahricl la Grady Shilo Lee Los inn S(cphnnic I lope Shear \ / ✓ rht.' ir trul.' and lawful agcnt(s) nnd attomcy(s)-in-fo..:1. each in their se parate capaeity ii' more than one is mu e~;i ~ove. to mnkc. execu te. seal und deliver for and on its b1:halt' us sun.·t~. and as its act and deed any and all h\llllls . ..:ontrncts. ;igrL·cmcnts or indemnity and uthe( un<lerta ldugs in surctyshir provided. hov .. ·ever. that lhc p1..·nal :--um of an~ nnc such instrument executed hereunder shall 1101 exceed the sum of:
$IO 000 000.00
This Pl,wcr of At1orncy is granted and is signed and sca led under nm\ hy the authority nr the lollowihg Reso lution adopted by the Roa rd or Directors of Argonaut lnsurnnl·c c~,mp:.my : _,,,-
,
"KESOLVED. That the !'residen t. Senior Vice President. Vice !'resident. Assistant Vice President. Secretary. Treasurer and each of them hereby is au thorized to execute powers of nttnrne). ,md such ,rnthority can he executed hy use or facsimi le signature. which may be utlcstcd or acknowledged hy any nrticer or attorney. of the Company. quJli(ring the attorney or altorncys named in the given powcrof':1tlor1't:Y, to execute in behalf or. :ind acknowledge as the act and deed of the Argonaut lnsuruncc Company. all bond undcnakings and contrac ts of'suretyship, and to unix lhe corporate sea l thereto." IN \Vll1'JESS \VI IF.REOF. Argonaut Insurance Company has caused its o(ficia\ seal to be he reunto allixcd and these presents to be signed by its duly authori zed officer on the 8th da) of' Ma). 201 7. • .. ., Argonaut Insurance Company ..... ••'~u~~•••,,~
STATE OF TEXAS
COUNTY OF HARRIS SS:
/--~-<~.;;;-.l\\
dtSEAL>~ 0 ~-. ,... ...~:
\ .. :;~:~'.r'.::·:::.Y
by :
Josh ua C. Retz , Senior Vice President
On this 8th day of Muy. 1017 A.D . ., befoni me. a Notary Public of the State of Texas, in and for the County of Harris. duly commissioned and qualified. came THE ABOVE OFFI CER OF TtlE COMPANY. to me personally known to be the indi vidual and officer described in, and who executed the preceding instrument, and he acknowledged the exec ution of same. and being by me duly sworn, deposed and sa id that he is the officer of the sa id Company aforesaid. and that the seal affixed to the preceding instrument is 1he Corpor:ll~ Sea l of sa id Company, and the said Corporate Seal and his signature as ofliccr we re duly affixed and subscribed Lo the said inslrumenl by the authority and direction of the said corporation, and that Reso lution adopted hy the Board of Directors of said Company. referred to in the preceding instrumen t is now in force.
, IN TESTIMONY WHEREOF. I have hereunto set my hand, and artixed my Oflicial Seal at the County of Harris, the day and year first above written. (Notary Public)
I. the undersigned Onicer of'thc Argonaut Insurance Company, Illinois Corporation , do hereby certify that the original POWER OF ATTOKNEY or which the foregoing is a l"ull. true c:1ncl corrct.:t copy is still in fu ll force and ef!Cct and has not been revokt!d.
IN WI J'NF.SS WI IERl'.OF. I have hereunto set my hand, and anixcd the Sea l of said Company, on the 19th day or_A~p~ri_l ______ _ 2018 Snrnh Heineman , VP-Underwriting Surety
THIS DOCUMENT IS NOT VALID UNLESS TIIE WOIU>S ARGO POWER OF ATTORNEY ARE IN BLllE. IF \'Oll llAVE QllESTIONS ON ALITII ENTICITY OF THIS DOCUMENT CALL (210) 321 • 8~00. 106
City of Hawaiian Gardens -April 2018
16. Guarantees and Sureties
. '
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of LOS ANGELES
On ______ APR 1 9 2018 _ ___ before me, SHIRLEY GIGGLES, NOTARY PUBLIC Date Here Insert Name and Title of the Officer
personally appeared _______ G_A_B'---' R-=IE:..:L:..:L:.:... A-'---G-=-R:.:... A=D....:Y _____ ______ _ _ _ _ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
SHIRLEY GIGGLES
Notar y Public . Calitorn1a z
Los Ang eles Counly i: r. crnm1ssIon 11 216331 7 P ~\. • . 111 . 1 f-'( l)' ' r"~ Sro 7 !2,~~)? ...... -.,.. ~ .... , ,-;e>"'t~~'\ Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
---------------OPTIONAL---------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: __________ ___ Document Date: ________ _ Number of Pages: _ __ Signer(s) Other Than Named Above: ________ ____ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: _ _______ ____ _ Signer's Name: ___________ _ _ n Corporate Officer - Title(s): ___ ___ _ LJ Corporate Officer - Title(s): _ _____ _ I I Partner - !7 Limited l] General [J Partner - C Limited f] General I i Individual I I Attorney in Fact [ ! Individual D Attorney in Fact i I Trustee U Guardian or Conservator [J Trustee • Guardian or Conservator I I Other: ___________ _ _ _ _ [] Other: __________ _ _ _ _ Signer Is Representing: _____ ____ _ Signer Is Representing: _ ________ _ ;,t;<ZJ<r<,•;<;'G(}'<S/.;~'<;:(;• "'1,'C<.,"<,",(,'q(,'<U,'C<.,'C<,'<-'k,'q<.,'<;;C<,;,(;'U<.,",X,c;<;'q,'<R'<;(,~'G{:,'q(>C{;=~'<;".,'<;<.,,.,;c(_"<,='g,'(,:Z,<;(;~'<;;(.";{.S.'{;'<;<,'<,:C<;'(;! (i:)2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 City of Hawaiian Gardens -April 2018
107
17. Statement of Compliance
17. Statement of Compliance
This proposal is in strict compliance with the Request for Proposal and Draft Franchise Agreement and no exceptions to either are proposed;
City of Hawaiian Gardens - April 2018
108
18. Proposal Enhancements
18. Proposal Enhancements
Community Scholarship
Commercial Waste Services will donate a total of $10,000 annually to high school students who reside in the City of Hawaiian Gardens who seek higher education
Community Involvement
Commercial Waste Service is dedicated to the community and residents we serve. We believe in rolling up our sleeves and becoming active partners. We are committed to joining Hawaiian Gardens numerous Community Based Organizations.
Holiday Tree Service
Commercial waste services shall collect holiday trees on a annual basis. Commercial Waste will collect holiday trees placed out for collection on collection day for 8 weeks following December 25. Commercial waste services will collect all holiday trees free of charge regardless of flocking, tinsel or ornaments .
Free Bulky Item Pick Up & Drop Off
Commercial Waste Services will setup free pre scheduled bulky item pick ups and drop offs for City of Hawaiian Gardens residents.
Organics Recycling Program
Commercial Waste Services will offer a Organics Recycling Program to all customers commercial and residential.
Deliver Organic waste containers to commercial customers and educate on how to stay green. Instruct residents on easy techniques to do backyard organic composting.
Free Mulch Give Away
Commercial Waste services will conduct 2 compost mulch give a ways each calendar year for City Residents. The City will be able to coordinate with Commercial Waste to schedule in conjunction with other City events.
City Sponsored Event Signage
Commercial Waste Services will display advertising for city sponsored events on all trucks servicing the city the week prior to the event. Custom signage will be printed at Commercial Waste Services expense and will be displayed on vehicles. Commercial Waste Services feels this will give the city more exposure and City pride at city sponsored events.
Sharps Disposal Program
Commercial Waste Services will create a sharps disposal program for all the residents of the city of Hawaiian Gardens.
Special Event Recycling Services
Commercial Waste Services will not only donate refuse containers to City sponsored events, we will also donate recycling receptacles to promote recycling and keep Hawaiian Gardens sustainable. 24 Hour Live Voice Customer Service
Commercial Waste Services will have 24 hour cu stomer service line 7 days a week without a answering service Volunteer At City Events
Commercial Waste services will also supply the City with 2 representatives 1 to interact with residents and businesses who attend events and answer questions, comments or concerns at events. The second representative will be responsible for keeping the cardboard event containers empty during City events.
Hawaiian Gardens Branding on Vehicles
City of Hawaiian Gardens - April 2018 109
18. Proposal Enhancements
Commercial Waste Services will add "Proudly serving the City of Hawaiian Gardens" and a city logo at the cities sole discretion on all vehicles serving the city of Hawaiian Gardens. 70% Diversion Rate
Commercial Waste Services will guarantee a initial diversion rate of 70% by the end of the first year for the city of Hawaiian Gardens.
Free Services at All City Facilities and City Events
Commercial Waste Services will not only service city facilities for free but will also provide free service to all city sponsored events.
Free Annual Cart Washing
Commercial Waste Services will pick one week out of the year and conduct a annual cart washing for all residential carts free of charge. This is in addition to cart exchanges for broken, damaged or old carts.
City of Hawaiian Gardens - April 2018 110
Attachment A: City Map
Attachment A: Hawaiian Gardens City Map
Attachment A: Hawaiian Gardens City Map
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Attachment B: Maximum Permitted Rates Schedule
Attachment B: Maximum Permitted Rates Schedule
ATTACHMENT B-1: TOTAL MAXIMUM PERMITTED RATE SCHEDULE
RESIDENTIAL SERVICES
Following are the rates for July 1, 2018 through June 30, 2019:
Monthly Residential Cart Service Rates*
Standard Service includes: One 96-gallon refuse, One or more 96-gallon recycling, and up to Two 64-gallon green waste Carts.
. : .::ti~/t1~t' . ·· ... · ...Z'·~.{•?iiii"2' .. .. Monthly Quarterly . Standard Service $12.01 $36.03 Low-Income Senior Rate (1) $10.81 $32.43
Additional Refuse Cart - above one {96-gallon) $8.00 $24.00 Additional Refuse Cart - above one {64-gallon) $6.00 $18.00 Additional Green Waste Cart - above two {64-gallon) $4.00 $12.00 Optional Residential Organics Recycling (SB 1383) ( 32 gallon) $8.00 $24.00 Other Residential Cart Rates and Services* (Charged in Addition to Cart Service Rates) Valet Service - Authorized Disabled Customers Only No
Charge
Additional Special Overage Pickup for Automated Cart Customers (in excess oftwo $4.50 pickups per year)
Additional Bulky-Waste Pickup for Automated Cart Customers -- 52 pickups/1 Year *Including all City fees.
(1) Low-income 10% Senior rate discount includes one 64-gallon refuse cart, plus one 64-gallon recycling and one 64-gallon green waste cart.
*Optional Non-Franchise Extra Scope Quarterly Fee Annual Fee Citywide Quarterly Clean-up Program Free Free
*See Section 1.4 for Program Description
City of Hawaiian Gardens - April 2018
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COMMERCIAL SERVICE
Following are the rates for July 1, 2018 through June 30, 2019:
Standard Commercial Service Number of Collections Per Week Container Type/Size 1 2 3 4 5 6
96-Gallon Containers $37.40 $60.50 $84.70 $108.90 $132.00 $167.00 1 Cubic Yard Bin $62.70 $95.70 $144.70 $183.70 $224.40 $265.10 2 Cubic Yard Bin $73.70 $122.10 $169.40 $216.70 $265.10 $312.40 3 Cubic Yard Bin $110.00 $167.20 $226.00 $286.00 $354.20 $405.90 6 Cubic Yard Bin $198.80 $310.20 $408.10 $503.80 $622.60 $719.40 Compacting 30+/-Cubic Yard Box $600/Service up to 9 tons -- $65/ton after Standard 40 Cubic Yard Box $500/Service up to 7 tons -- $65/ton after Locking Bin (Extra Charge) $5.00 $7.50 $10.00 $12.50 $15.00 $17.50 7 Additional
Pickups (Same
Day)
$225.00 $35.00
$314.60 $45.00
$371.80 $50.00
$469.80 $55.00
$839.30 $65.00
$22.50 NONE
ATTACHMENT B-2.2: TOTAL MAXIMUM PERMITTED RATE SCHEDULE - CONTINUED
COMMERCIAL SERVICE
Following are the rates for July 1, 2018 through June 30, 2019:
Standard Commercial Service Number of Collections Per Week Container Type/Size 1 2 3 4 5 6 7
On-Call Bulky Item Collection $50/Call up to 3 Items
On-Call E-Waste and U-Waste Collection
Recycling 3 Cubic Yard Bin (Comingled)
Recycling 40 Cubic Yard Box (Commingled)
Commercial MRF Rate
3 Cubic Yard MRF Bin $110.00 $167.20 $226.00 $286.00 $354.20 $405.00 40 Cubic Yard MRF Roll-Off Box $500/Service Up To 7 Tons -- $65/Ton After 30 Cubic Yard MRF Compactor $600/Service Up To 9 Tons -- $65/Ton After Organics Recycling "Food Waste"
96-Gallon Organics Recycling Cart $37.40 $60.50 $84.70 $108.90 $132.00 $167.00 $225.00 3 Cubic Yard Organics Recycling Bin $110.00 $167.20 $226.00 $286.00 $354.20 $405.90 $496.32 ATTACHMENT B-3: TOTAL MAXIMUM PERMITTED RATE SCHEDULE
Multi-Family Services
Following are the rates for July 1, 2018 through June 30, 2019:
Standard Multi-Family Services Number of Collections Per Week Container Type/Size 1 2 3 4 5
96-Gallon Containers (Residue) $12.01 $18.26 $24.74 $31.23 2 Cubic Yard Bin (Residue) $73.70 $122.10 $169.40 $216.70 3 Cubic Yard Bin (Residue) $110.00 $167.20 $226.00 $286.00 96-Gallon Containers (Extra Residue Cart) $8.00 $12.16 $16.48 $20.80 Recycling- 3 Cubic Yard Bin (Comingled) $30.00 $45.60 $61.80 $78.00 Green Waste - 3 Cubic Yard Bin (AB 1826) $65.00 $98.80 $133.90 $169.00 Locking Bin $5.00 $7.50 $10.00 $12.50
Extra Dump Charge (2 & 3 c.y. Bin) $SO/Extra Dump 2 Y.D. - $55/Extra Dump 3 Y.D.
On-Call Bulky Item Collection
On-Call E-Waste and U-Waste Collection
$38.67
$265.10
$354.20
$25.76
$96.60
$209.30
$15.00
Additional Pickups
(Same Day)
$4.50
$50.00
$55.00
$4.50
$3.50
$4.00
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TEMPORARY BIN/BOX SERVICE
Following are the rates for July 1, 2018 through June 30, 2019:
Standard Temporary Bin/ Box Service Charge
Container Type/Size Pickup/Delivery Per Dump *Overweight Daily rental after 7 days Charge Charge Charge Per Ton without dumping
3 Cubic Yard Bin $100.00 $85.00 N/A Free
10 Cubic Yard Box $150.00 $300.00 $65.00 $5.00
30 Cubic Yard Compactor $150.00 $150.00 $65.00 $5.00
40Yard Box $150.00 $350.00 $65.00 $5.00
Dead Run
charge
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$150.00
$150.00
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Attachment D: Special City Events/ City Facilities
Attachment C: Intentionally Left Blank
Attachment D: Special City Events I City Facilities
Attachment D: Special City Events/ City Facilities
Special Events
CWS will provide solid waste collection at special city events, as provided in the following list, at no cost.
The city currently has twelve (12) special events per year. Contractor will provide cardboard box litter receptacles and plastic liners for certain events. City staff will be responsible for placing the waste in the collection bins or boxes. All collected waste will be processed at a MRF for optimum recycling.
Current Special Annual Events
1. Safe Community Month
2. Easter Egg Hunt
3. Carnival & Parade
4. Independence Day Celebration
5. Car Show
6. National Night Out
7. Robert Canada Friendship Pow Wow
8. 3K Fun Run
9. Halloween Program
10. Veterans Day Ceremony
11. Christmas Tree Lighting
1 ;LocaJion . • ..
;J; · .. · ·;. Address Count · S.ize Material '
City Hall 21815 Pioneer Blvd 1 ea. 3 C. Y. Waste
Recreation Senior Center 21815 Pioneer Blvd 3 C. Y. Waste Public Safety/ Library 11940 Carson St. 1 ea. 3 C. Y. Waste LeeWare, MAOF Pre-School 22150 Wardham Ave. 1 ea. 3 C. Y. Waste LeeWare Pool 22310 Wardham Ave 1 ea. 3 C. Y. Waste
Hawaiian Gardens Tenn Ctr 1 ea. 3 C. Y. Waste
City of Hawaiian Gardens -April 2018
Attachment E: Good Corporate Citizen Statement
Attachment E: Good Corporate Citizen Statement
Attachment E: Good Corporate Citizen Statement
1. Good corporate citizens enhance Hawaiian Gardens through employment practice:
• CWS will hire Hawaiian Gardens residents when possible • Provide training and promotion opportunities for all workers • Exceed industry standards for wages and benefits
• Provide safe, clean and healthy work environment
• Provide family friendly benefits that support family life such as maternity/paternity leave, child care and day care
2. Good corporate citizens enhance Hawaiian Gardens through environmental responsibility:
• Use Hawaiian Gardens sources for goods
• Minimize use of resources
• Used recycled content products wherever possible
• Use energy efficient systems
• Support opportunities for employees to use car pools/public transportation
3. Good corporate citizens enhance Hawaiian Gardens through excellent customer service practices:
• Use Hawaiian Gardens residents' complaints
• Being courteous and helpful
• Being bi-lingual
• Extending a helping hand to the seniors and handicapped
4. Good corporate citizens enhance Hawaiian Gardens through financial practice:
• Purchase supplies locally
• Support Hawaiian Gardens youth teams, local schools, and community organizations • Support volunteerism and community involvement by employees • Support and participate in Hawaiian Gardens community events • Open a office in the City of Hawaiian tlardens
*Highlighted bullet points exceed recommended Good Corporate Citizen Statement City of Hawaiian Gardens -April 2018
Attachment G: Work Plan & Methodology
Please see Section 6 Work Plan
Attachment H: Federal Motor Carrier Safety Administration Records SAFER Web - Company Snapshot COMMERCIAL WASTE SERVICES, INC. 4/16/18, 8 :54 PM USDOT Number MC/MX Number , Name
Enter Value: coMMERCIAL wA~ TE srn: Company Snapshot
COMMERCIAL WASTE SERVICES, INC.
. Search ·
ID/Operations I Inspections/Crashes In US I Inspections/Crashes In Canada I Safety Rating Carriers: If you would like to update the following ID/Operations information, please complete and submit form MCS-150 which can be obtained online or from your State FMC SA office. If you would like to challenge the accuracy of your company's safety data, you can do so using FMCSA's ~ system.
Carrier and other users: FM CSA provides the Company Safety Profile (CSP) to motor carriers and the general public interested in USDOT Number: 2651449
Other Information for this
Carrier
, SMS Results
, Licensing & Insurance
obtaining greater detail on a particular motor carrier's safety performance then what is captured in the Company Snapshot. To obtain a CSP please visit the CSP order wg~ or call (800)832-5660 or (703)280-4001 (Fee Required).
For help on the explanation of individual data fields , click on any field name or for help of a general nature go to SAFER General HelP-- The information below reflects the content of the FMCSA management information systems as of 04/15/2018. Carrier Registration Information Outdated.
Carrier VMT Outdated.
gmi\y_Jy_p_g_; CARRIER
QRfill!llng..s.tl!!!!l;_;_ ACTIVE Qut of Service Date: None J&g~ COMMERCIAL WASTE SERVICES, INC.
OBA Name:
eh~•lcal 8ddress: 1530 DATE ST.
MONTEBELLO, CA 90640
Phone: (800) 947-8224
Mfilllilg 8ddress: PO BOX 820
MONTEBELLO, CA 90640
U§DOT Number: 2651449 State Carrier ID Number:
MC/MX/EE Number(s): DUNS Number: ••
Power U•its: 10
MC§-150 Eorm Date: MCS-150 Mileagg...(Yeart
Qgeration Classification:
x Auth. For Hire Priv. Pass .(Non- State Gov'!
Exempt For Hire business) Local Gov'!
Private(Property) Migrant Indian
Priv. Pass. U.S. Mail Nation
(Business) Fed . Gov't
Carrier OpMi!.li.Qn;
Interstate Intrastate Only x Intrastate Only
(HM) (Non-HM)
!&Igo Carried :
General Freight Liquids/Gases Chemicals
Household Goods lntermodal Cont. Commodities Dry Bulk
Metal: sheets, coils , Passengers Refrigerated Food
rolls Oilfield Beverages
Motor Vehicles Equipment Paper Products
Drive/Tow away Livestock Utilities
Logs , Poles , Beams , Grain, Feed , Hay Agricultural/Farm Lumber Coal/Coke Supplies
Building Materials Meat Construction
Mobile Homes Garbage/Refuse Water Well
Machinery, Large US Mail
Objects
Fresh Produce
https ://safer. f mesa .dot.gov/query.asp?sea rchtype =ANY&query_type = .. .449&orig inal_query_s tri ng =COMMERCIAL %20WASTE%20SERVI C ES, %201 NC . Page 1 of 3 SAFER Web - Company Snapshot COMMERCIAL WASTE SERVICES, INC .
IDIOP-erations I Inspections/Crashes In US I lnsP-ections/Crashes In Canada I Safety Rating US Inspection results for 24 months prior to: 04/15/2018 Total Inspections : 18
Total IEP Inspections : 0
4/16/18, 8:54 PM
Note: Total inspections may be less than the sum of vehicle, driver, and hazmat inspections. Go to lnsJ;lections HelR for further information. lru!gections·
Inspection Type Vehicle Driver Hazmat IEP
Inspections 17 12 0 0
Out of Service 6 0 0 0
Out of Service% 36 .3% 0% % 0%
Nat'I Average % 20.72% 5.51% 4.50% N/A (2009- 2010)
Crashes reported to FMCSA by states for 24 months prior to: 04/15/2018 Note: Crashes listed represent a motor carrier's involvement in reportable crashes , without any determination as to responsibility.
Type
Crashes
Fatal
0 Crashes:
Injury
0 Tow Total
ID/OP-erations I lnsP-ections/Crashes In US I Inspections/Crashes In Canada I Safety Rating Canadian Inspection results for 24 months prior to: 04/15/2018 Total inspections: 0
Note: Total inspections may be less than the sum of vehicle and driver inspections. Go to lrn.Reclions Help_ for further information.
Inspection Type
Inspections
Out of Service
Out of Service %
lnsQections :
Vehicle
0%
Crashes results for 24 months prior to: 04/15/2018
Driver
0%
Note: Crashes listed represent a motor carrier's involvement in reportable crashes , without any determination as to responsibility.
Type
Crashes
Fatal
0 Crashes :
Injury Tow Total
0 ID/OP-erations I lnsP-ections/Crashes In US I lnsgections/Crashes In Canada I Safety Rating The Federal safety rating does not necessarily reflect the safety of the carrier when operating in intrastate commerce.
Carrier Safet~ Rating:
https ://safer. I mesa .d at.gov/query.as p?sea rchtype =ANY&query_type = ... 449&orig inal_query_stri ng =COMMERCIAL %20WASTE%20SERVI C ES, %201 NC. Page 2 of 3 SAFER Web - Company Snapshot COMMERCIAL WASTE SERVICES, INC.
Rating Date:
Rating:
None
None
The rating below is current as of: 04/15/2018
Review Information:
Review Date:
Type:
None
None
4/16/18, 8:54 PM
SAFER Home I Feedback I Privacy Policy I USA.gov I Freedom of Information Act (FOIA) I Accessibility I OIG Hotline I Web Policies and Important Links I Plug-ins Federal Motor Carrier Safety Administration
1200 New Jersey Avenue SE, Washington, DC 20590 • 1-800-832-5660 • TTY: 1-800-877-8339 • Field Office Contacts https ://safer.fmcsa.dot.gov/query.a sp?searchtype=ANY&query_type= ... 449&original_query_s tring=COMMERCIAL%20WASTE%20SERVICES,%201NC. Page 3 of 3 SAFER Web - Company Snapshot CR & R INC 4/16/18, 8 :52 PM , USDOT Number MC/MX Number Name
Enter Value: 531552 Company Snapshot ---
: Search i
ID/Operations I lnsgections/Crashes In US I lnsgections/Crashes In Canada I Safety Rating Carriers: If you would like to update the following ID/Operations information, please complete and submit form MCS-150 which can be obtained ~ or from your State FMCSA office. If you would like to challenge the accuracy of your company's safety data, you can do so using FMCSA's ~ system.
Carrier and other users: FMCSA provides the Company Safety Profile (CSP) to motor carriers and the general public interested in
CR& RING
USDOT Number: 531552
Other Information for this
Carrier
, SMS Results
, Licensing & Insurance
obtaining greater detail on a particular motor carrier's safety performance then what is captured in the Company Snapshot. To obtain a CSP please visit the CSP order ~g~ or call (800)832-5660 or (703)280-4001 (Fee Required).
For help on the explanation of individual data fields, click on any field name or for help of a general nature go to SAFER General Heli:i.
The information below reflects the content of the FMCSA management information systems as of 04/15/2018.
Entity_.Iy_p_g_;_ CARRIER
Qgeratjng Status: AUTHORIZED FOR Property
J&_gal Name: C R & R INC
DBA Name:
.ehysjcal Address : 11292 WESTERN AVE
STANTON, CA 90680
Phone: (714) 890-6300
.M.ruJlnq Address : 11292 WESTERN AVE
STANTON, CA 90680
USDOT Number: 531552
MC/MX/FF Numberls)_;_ MC-266494
Power Units: 935
MCS-150 Form Date: 08/17/2017
Qgeratlon Classification:
x Auth. For Hire
Exempt For Hire
Private(Property)
Priv. Pass.
(Business)
x Interstate
General Freight
Household Goods
Metal: sheets , coils,
rolls
Motor Vehicles
Drive/Tow away
Logs, Poles, Beams,
Lumber
Out of Service Date: None
State Carrier ID Number:
DUNS Number: --
MCS-150Mjleage1~)~ 387,124 (2016)
Priv. Pass .(Nonbusiness)
Migrant
U.S. Mail
Fed. Gov't
Intrastate Only
(HM)
Liquids/Gases
lntermodal Cont.
Passengers
Oilfield Equipment
Livestock
Grain, Feed , Hay
Coal/Coke
Meat
State Gov't
Local Gov't
Indian
Nation
Intrastate Only
(Non-HM)
Chemicals
Commodities Dry Bulk
Refrigerated Food
Beverages
Paper Products
Utilities
Agricultural/Farm
Supplies
Building Materials x Garbage/Refuse Construction
Mobile Homes US Mail Water Well
Machinery, Large
Objects
Fresh Produce
http s ://safer. f m cs a.dot.gov/query. asp Page 1 of 3 SAFER Web - Company Snapshot C R & R INC
rnLQperations I Inspections/Crashes In US I Inspections/Crashes In Canada I Safety Rating US Inspection results for 24 months prior to: 04/15/2018 Total Inspections: 300
Total IEP Inspections: 0
4/16/18, 8 :52 PM
Note: Total inspections may be less than the sum of vehicle, driver, and hazmat inspections. Go to lns[1ections HelR for further information. lnsP.:ections:
Inspection Type Vehicle Driver Hazmat IEP
Inspections 273 200 0
Out of Service 34 2 0 0
Out of Service % 12.5% 1% 0% 0%
Nat'I Average % 20.72% 5.51% 4.50% N/A (2009- 2010)
Crashes reported to FMCSA by states for 24 months prior to: 04/15/2018 Note: Crashes listed represent a motor carrier's involvement in reportable crashes, without any determination as to responsibility.
Type
Crashes
Fatal
Crashes:
Injury
11 Tow Total
21 ID/Operations I Inspections/Crashes In US I Inspections/Crashes In Canada I Safety Rating Canadian Inspection results for 24 months prior to: 04/15/2018 Total inspections: 0
Note: Total inspections may be less than the sum of vehicle and driver inspections. Go to lns[1ections HelR for further information.
Inspection Type
Inspections
Out of Service
Out of Service %
lnsP.:ections:
Vehicle
0%
Crashes results for 24 months prior to: 04/15/2018
Driver
0 0
0%
Note: Crashes listed represent a motor carrier's involvement in reportable crashes , without any determination as to responsibility.
Type
Crashes
Fatal
0 Crashes:
Injury
0 Tow
0 Total
ID/Operations I Inspections/Crashes In US I Inspections/Crashes In Canada I Safety Rating The Federal safety rating does not necessarily reflect the safety of the carrier when operating in intrastate commerce.
Carrier Safet~ Rating~
h ttps ://safer. f m cs a.dot.gov/query. asp Page 2 of 3 SAFER Web - Company Snapshot C R & R INC
Rating Date:
Rating:
None
None
The rating below is current as of: 04/15/2018
Review Information:
Review Date:
Type:
12/01/2017
Non-Ratable
4/16/18, 8 :52 PM
SAFER Home I Feedback I Privacy Policy I USA.gov I Freedom of Information Act (FOIA) I Accessibility I OIG Hotline I Web Policies and Important Links I Plug-ins Federal Motor Carrier Safety Administration
1200 New Jersey Avenue SE, Washington, DC 20590 • 1-800-832-5660 • TTY: 1-800-877-8339 • Field Office Contacts h tt ps ://safer. f m csa. dot.gov/query.asp Page 3 of 3 SAFER Web - Company Snapshot CONSOLIDATED DISPOSAL SERVICE LLC 4/16/18, 8:56 PM USDOT Number MC/MX Number • Name
Enter Value: !coNsouoATEo 0IsPosA1 Company Snapshot
Search
CONSOLIDATED DISPOSAL SERVICE LLC
USDOT Number: 2728554
ID/Operations I lnsRections/Crashes In US I lnsRections/Crashes In Canada I Safety Rating Carriers: If you would like to update the following ID/Operations information, please complete and submit form MCS-150 which can be obtained online or from your State FMC SA office. If you would like to challenge the accuracy of your company's safety data, you can do so using FMCSA's DataOs system.
Other Information for this
Carrier
, SMS Results
, Licensing & Insurance
Carrier and other users: FMCSA provides the Company Safety Profile (CSP) to motor carriers and the general public interested in obtaining greater detail on a particular motor carrier's safety performance then what is captured in the Company Snapshot. To obtain a CSP please visit the CSP .Q[Qfil_Qgg!;l. or call (800)832-5660 or (703)280-4001 (Fee Required).
For help on the explanation of individual data fields , click on any field name or for help of a general nature go to SAFER General HelP-- The information below reflects the content of the FMCSA management information systems as of 04/15/2018. Carrier VMT Outdated. ~!l!l!YJI'~ CARRIER
Qp..filfillng ~ ACTIVE Qut of Service Date: None
l&.9~ CONSOLIDATED DISPOSAL SERVICE LLC
OBA Name: REPUBLIC SERVICES OF SOUTHERN CALIFORNIA OR ALLIED WASTE SERVICES OR REPUBLIC SERVICES OR ATLAS
TRANSPORT
EhY.slcal 18500 N ALLIED WAY
Address ; PHOENIX, AZ 85054
Ehml.@_; (480) 627-2700
.Mfilllng 18500 N ALLIED WAY
Address · PHOENIX, AZ 85054
l&Q.QI 2728554
Number:
MCIMXIFF
Number(,;).;
Power Units: 474
MCS-150 0210612018
Form Date:
QQeration Classification:
x Auth. For Hire
Exempt For Hire
Private(Property)
Priv. Pass.
(Business)
Interstate
General Freight
Household Goods
Metal: sheets, coils,
rolls
Motor Vehicles
Drive/Tow away
Logs, Poles, Beams,
Lumber
Building Materials
Mobile Homes
Machinery, Large
State Carrier ID Number:
DUNS Number: -·
Drivers : 4 78
MCS-150 Mi leagtiYear).; 9,783,133 (2015)
Priv. Pass.(Nonbusiness)
Migrant
U.S. Mail
Fed . Gov't
Intrastate Only
(HM)
Liquids/Gases
lntermodal Cont.
Passengers
Oilfield
Equipment
Livestock
Grain, Feed , Hay
Coal/Coke
Meat
Garbage/Refuse
US Mail
State Gov't
Local Gov't
Indian
Nation
x Intrastate Only
(Non-HM)
Chemicals
Commodities Dry Bulk
Refrigerated Food
Beverages
Paper Products
Utilities
Ag ri cultural/Farm
Supplies
Construction
Water Well
X SOLID WASTE
https://safer.fmcsa .dot .gov/query.as p?searchtype=ANY&query_type= .. .4&original_query_string=CONSOLIDATED%20DISPOSAL%20SERVICE%20LLC Page 1 of 3 SAFER Web - Company Snapshot CONSOLIDATED DISPOSAL SERVICE LLC Objects
Fresh Produce
lQLQperations I Inspections/Crashes In US I Inspections/Crashes In Canada I Safety Rating US Inspection results for 24 months prior to: 0411512018 Total Inspections: 50
Total IEP Inspections: 0
4/16/18, 8:56 PM
Note: Total inspections may be less than the sum of vehicle, driver, and hazmat inspections. Go to lnsgections Helg for further information. lnsRections:
Inspection Type Vehicle Driver Hazmat IEP
Inspections 43 50 0 0
Out of Service 0 0 0
Out of Service % 7% 0% % 0%
Nat'I Average % 20.72% 5.51% 4.50% NIA (2009- 2010)
Crashes reported to FMCSA by states for 24 months prior to: 0411512018 Note: Crashes listed represent a motor carrier's involvement in reportable crashes , without any determination as to responsibility.
Type
Crashes
Fatal
Crashes:
Injury
4 Tow Total
13 lQLQperations I !.nspections/Crashes In US I Inspections/Crashes In Canada I .s.affily_Rimng Canadian Inspection results for 24 months prior to: 0411512018 Total inspections: O
Note: Total inspections may be less than the sum of vehicle and driver inspections. Go to lnsgections Helg for further information.
Inspection Type
Inspections
Out of Service
Out of Service %
lnsRections:
Vehicle
0%
Crashes results for 24 months prior to: 0411512018
Driver
0%
Note: Crashes listed represent a motor carrier's involvement in reportable crashes , without any determination as to responsibility.
Type
Crashes
Fatal
0 Crashes :
Injury
0 Tow
0 Total
0 ID/Operations I Inspections/Crashes In US I Inspections/Crashes In Canada I Safety Rating The Federal safety rating does not necessarily reflect the safety of the carrier when operating in intrastate commerce. https://safer.fmcsa.dot.gov/query.asp?searchtype=ANY&query_type ... 4&original_query_string=CONSOLIDATED%20DISPOSAL%20SERVICE%20LLC Page 2 of 3 SAFER Web - Company Snapshot CONSOLIDATED DISPOSAL SERVICE LLC Rating Date:
Rating:
None
None
Carrier Safe!~ Rating~
The rating below is current as of: 04/15/2018
Review Information:
Review Date:
Type:
None
None
4/16/18, 8:56 PM
SAFER Home I Feedback I Privacy Policy I USA.gov I Freedom of Information Act (FOIA) I Accessibility I OIG Hotline I Web Policies and Important Links I Plug-ins Federal Motor Carrier Safety Administration
1200 New Jersey Avenue SE, Washington, DC 20590 • 1-800-832-5660 • TTY: 1-800-877-8339 • Field Office Contacts https://safer.fmc sa.dot.gov/query.asp?searc htype =AN Y&query_type ... 4&original_query_string =CONSOLIDATED%2 0DISPOSAL%2 0SERVICE%20LLC Page 3 of 3 Attachment I: BIT Inspection
STAT& Qf OAUFORNIA
Ol!f'AR'l'l,lfffl OF CALFORNtA H!GliWA'I' PA'fflOI.
SAFETY COMPLIANCE REPORT/
TERMINAL RECORD UPDATE
OHP 343 (Rall lJ.10) OPt 0112
Tl!RMNA~IIAN!
COMMERCIAL WASTE SERVICES INC ~ &'rRf£'l' AlX>RE&S (MHM. STRm', fJITY, ZIPCCDf) 1530 DA TE ST MONTEBELLO, CA 90640
CA NUMlll!R FN.li CODii NUMllr!R
226905 209652
COOi: OTHER PROOAAM(S)
1 M>'AUHGIIIJORl/lUl(HUMBl!lt, 81111M', OIIY, 31'ATII, VP«lfJli> (FDll'H:Rlfltf 'lf(Jl,IAIIDW!J INBPl!CTION LOOATION (NU#MER. STREET, CIIYORCOIMV> 1530 DATE ST MONTEBELLO, CA 90840
IIIUC.110, HWT. REG. NO, IMS ue. NO. TllllCK8 AHO TYPES TIIAILliRII AND 1Wl.iG IIUllill BY T'll't! 18 I• II•
lilCP,OATI! exP,DATE IIIG.CT tlWWH. IIWCONT. f'PBICMT 18 @ V1t1Q No
liMERGDICV()(JN'(Mrr~)
ARON PETROSIAN
~COffl'ACT !ltWE)
HAJK PETROSIAN
rm,-unarof ,)
0/\YTELEl'tfONI! NO, (W/AA:eAOOQI!)
(800) 947-822-4
OAY~ NO. IWI ~ COOGJ
(800) 947-8224
'NKJttT TloWl'tll,JOtll NO. IW/IW!/I <.Q.1111)
(213) 216-1779
NJQH'f":::•---·•--'NO. IWI_.AliQ<ltr)
(323) 718-0959 I &RT'Yl!ARf !It'll I
A UNDER D 1s.ooo I D
e 1a,001 - ! ~ so,001-
so 000 LU 100,COO
D 0 100,111>1-
aoo,000
E F lG H I' 0 II00,001- • 1,U00,001- 0 2,000,001- • 6,000,001- j'-f,IOR8 'l'HAH 1 ooo ooo a.ollo,OOO , ooo ooo 10.000.000 uto.ooo,aoo ..... _ PUC OT ... .. °Tt:P MOTOR OAAA!l!I\Ull' PROJll!lt'TY PERMIT ACTIVE ltolll l'tnifn liVAUIATKIH PSC @ Yes• No D NIA D Yee0 No ---Hl!l!l!-'-....:...~----t,;;;;;:,.,~---:==---,-=====-=-''------~---.... _ I Ill! DOT NIJMlllft J MC MC l REMION F'()A IH$P~TION USOOT 2651449 =: MX MX UNSAT FOLLOW UP CPSS INSPECTION
INll"EC'IICIHfllNllllf,IGI
1 S 2 S 3 Sit~ 1 S 2 S 3Jd4,.!_ 1 S 2.!_3_!4~ 1~2~3NIA,.NIA 1 ~- 2 S 3 U 4 !_ TMl TOTAi. 'l1ME
DIWEM !!.VAROOUS IMTl!RIAUI
-~~-------@!!aHIMT~
IIIW<IIS Rl™AAt<S
LAMPS&
INn 10 r1ma 3.0 No r- 3.0
CON1'AINEJ1111TAMQI ON~ 1-W,1 ~ 111111d ,..... ..,_
N0'11:!
8IQIW..8 13 CCR 1233.& Eaoh motor carrier aubjeet to the provlalon1 of thia chapter ah all notify the CHP In writing of •ny change of addl'l!H (& smon• number) at any of the ce,nier'a tennlnilla. Suoh notltrl:iltlon •h•II be made within 15 days oft.he change and lhall ba facwarded to; OONTAJM!RB &
TMll<ll
Callfomle Highway Pall'OI
Commtll'elal Reoord1 Unit
PO BOX 042808
5aoromento, CA ~Ba--0001
111T' NOH -8/T l'El!8 DU& I ctff' 3411 I CHI' 1000 COi.. 0 I·@ R O O Yes• .. ~l• .. 1-.Cl11)11V(MWf(SI) -----
BARJ.tONDO
INSPECTION !MTl!(8)
2125/2017
l()NIJM~J
I A13440
MOTOR CARRIER CERTFtcATION
TIW! IN.
1100 r-oiii' ·-
1400 .
I h....,CIWlll'yllat .. Ylolal1ona dellcrfbed hereon Md~ onlhe attachad p!IQ8I (2throogh _), WII be conffl8d lnaccord.-.ce with~ Jll'OVlllons of tho Califofnla Vlllhld9 CGde 1111d lhfl Cllll'omlll Code of Rtgu1111ona. I WICMflltllnd that f may AllqllHl a r.vlew Of an ~corv ra~ by contectll'IO 1ho MotorClnlet Safety Unil SUpervlsorlt 323 $4<1· 7 .•• .-~ dlya oflhe riling, OUMl.lfT 'IQ~ ftA'llNO
SATISFACTORY 2/25/2017
OWNER
.. I
Attachment J: Bin Specification
Container Specifications
Commercial Waste Services will provide containers as specified below, color coded and labeled for customer separation and collection routes designated as trash (Tan), recycling (Blue), and green waste (Green).
The standard set of carts will include a 96 gallon tan refuse cart, a 96 gallon blue recyclables cart, and a 96 gallon green waste cart. Upon request, customers will be given the option for smaller carts.
Height with lid 45.13 inches 40.58 inches 39.13 inches
Width 28.70 inches 26.70 inches 20.30 inches
Depth 33.73 inches 28.11 inches 22.98 inches
Commercial Waste Services will provide customers with a commercial bin or roll off box for refuse, recyclables, and green waste at their request. These bins and boxes are offered in different sizes. Custom specifications for unique sizing needs are also an option at the customers' request.
Commercial Waste Services will maintain the current container arrangement provided by the current contracted waste hauler in order to ensure a smooth transition for the community. If necessary, we will use a "scout" truck to retrieve the bin, stage it, dump it, and return it.
Container Color Specifications
Residential Carts
Commercial Bins
Roll off Bins
Black
Green
Green
Front Load Containers
1 Yard
2 Yard
3 Yard
4 Yard
6 Yard
I I
A
29.5 in
34.5 in
41.5 in
46in
64in
Recycling Greenwaste
Blue
Beige
Beige
B
34.5 in
41.5 in
50.5 in
57in
71in
Green
Black
Green
C
29.5 in
34.5 in
41.5 in
50.5 in
58in
Brown
Green
COMMERCIAL WAsrESI.IIV/CH I/IIC
800-947-8224
D
72in
72in
72in
72in
72in
Rolloff Containers
7 Feet 16 Feet
8 Feet 20 Feet
Commercial Container Maintenance & Appearance
Commercial Waste Services will operate a vehicle designated to pick up and exchange commercial containers on a daily basis 8 hours a day. The sole objective of employing staff designated to the City of Hawaiian Gardens is to maintain the image of the City and of CWS. It is our job to ensure the containers' integrity by keeping them clean of graffiti, with operational wheels, freshly painted, and properly labeled at all times with on-call bin repair and exchanges as CWS staff sees fit. The presentability of our equipment is a direct representation of our company on the field, and we like to keep it looking its best.
Residential Cart Maintenance & Appearance
Commercial Waste Services will operate a vehicle designated to picking up and exchanging residential carts. This will be a separate vehicle from the commercial container cart vehicle discussed above. This vehicle will respond to exchange containers with unpleasant smells, broken wheels, damaged, or to replace missing containers. All carts will be equipped with RFID trackers to enable CWS to track the exact time carts have been delivered in an effort to locate containers should they go missing. All carts we purchase through SSI Schaefer come with a factory 10 year warranty to ensures our dedication to serving the Hawaiian Gardens community through the life of the contract.
Attachment K: Facility Relationships
CITY OF LONG BEACH
DEPARTMENT
March 28, 20 I 8
Mr. Haik Petrosian, President
Commercial Waste Services
1530 Date Street
Montebello, CA 90640
2400 EAST SPRING STREET LONG BEACH . CA 90806
{562) 570-2000 FAX {562) 570-2050
www.lbgo.o rg
SUBJECT: WASTE DELIVERIES TO THE CITY OF LONG BEACH SERRF FACILITY Dear Mr. Petrosian:
The City of Long Beach operates the Southeast Resource Recovery Facility (SERRF), located in the City of Long Beach. The facility is permitted to receive 2,240 tons per day of residential and commercial solid waste and combusts up to 10,000 tons per week. SER RF provides diversion through transformation and generates enough electricity to provide the needs of 35,000 households.
Although SERRF does not guarantee waste allocation to any hauler or jurisdiction, we have for the past 28 years provided solid waste diversion services to businesses and jurisdictions in the Southern California region and intend to continue those services for many years to come.
Commercial Waste Services (CWS) is currently a hauler in good standing and is encouraged to deliver waste to SERRF.
AB-939, the Integrated Waste Management Act, established in 1989, allows jurisdictions in California to send waste to transformation facilities like SERRF to receive diversion credit toward their mandatory recycling goals. Jurisdictions can deliver up to 1 O percent of their total waste generated to SERRF and receive 100 percent recycling credit for that material.
If you have any questions regarding this matter, please feel free to call me at (562) 570-7840.
Sincerely,
QJJv---1?~
Alan Foley \
SERRF Operations Officer
City of Long Beach
Electric Generation Bureau
AWF:awf
13002.000
BUSINESS OPERATION S
(562) 570-2094
ENGINEERING & CONSTR UCTI ON
(562 ) 570 20 31
GAS SER VICES
(562) 570- 392 9
OIL OPERATIONS
(562 1 570-1061
SE R R F
j561) 570-784 0
COUNTY SANITATION DISTRICTS
OF LOS ANGELES COUNTY
1955 Workman Mi ll Rood, Wh ittier, CA 90601- 1400
Mailing Add ress: P.O . Box 4998, Wh ittier, CA 90607-4998 Telephone: (562) 699-7411, FAX: (562) 699-5422
www.lacsd .org
Haik Petr osian, President
Commercial Waste Services
153 0 Date St1·eet
Montebell o, CA 90640
Dear Mr. Petrosian:
GRACE ROB INSON HYDE
Chief Engineer and General Manager
Apri I 2, 20 18
Available Capacity for City of Hawaiian Gardens Waste and Recyclables at Facilities Opernted by the Sa nitation Districts
Commercial Waste Services (CWS) has a Waste Processing and Disposa l Agreement (WDPA) with the Sanitation Districts. Through this agreement, the Sanita tion Districts guarantees rates and rese rves ca pacity fo r CWS at the Puente Hills Materials Recove ry Facility (PHMRF), the Downey Area Recyc ling and Transfer (DART) Facility, and the South Gate Transrer Facility fo r waste and recyc lables.
Attachment 1 provides the addresses of these raciliti es. PHMRF and DART accept, process, and recyc le a wide va ri ety of recyclables and so lid waste, in cludin g commin gled residential recyc lab les. commercial recyclab les, greenwaste, residenti al waste. commercial and industrial wastes, and construction and demolition waste. The South Ci<1te Tran sfer Fac ility accepts all types of so lid wastes. At PHMRF the Sanit<1t ion Districts arc in stalling the latest generatio n of automated recyc lin g equipment that w ill be ab le to max imi ze recove ry rates from commingled recyc labl es as we ll as from commercia l and residential waste. Th e Sa nitation Districts' fac iliti es have excess capac ity to handl e add itional mate ri al from the City of l-1 aw<1 ii an Ga rd ens. The Sa nitation Distri cts and CWS have a good working relationship.
The Sa nitation Distri cts also operate a food waste re.cyc ling system. The food waste is rece ived and processed at the PHMRF and is then deli ve red to the Sanitati on Distri cts' Joint Water Pollution Contro l Pl ant (JWPCP) where it is digested . At .JWPCP the methane gas produced during di gestion is used to generate electri city and most of the remainin g so lid s are beneficially reused. CWS also has access to this food waste recyc lin g system.
If yo u have any question s rega rdin g this matter, please feel free to ca ll me at (562) 908-4288, extension 24 1 LI.
RGA:clh
Attachment
45 19373
!?Rt?iff
Assistant Department Head
So li d Waste Department
ft
Recycled Paper \.I
Puente Hills MRF
2808 S. Workman Mill Road
Whittier, CA 90601
ATTACHMENT 1
Facility Addresses
Downey Arca Recycling and Transfer Facility
9770 Washburn Road
Downey, CA 90241
South Gate Transfer Station
9530 Garfield Avenue
South Gate, CA 90280
451937.1
Attachment L: Letter of Funding
~•
Advantage Funding
Transportation Financing & Leasing Specialists
March 31, 2018
To: CITY OF HAWIIAN GARDENS
Please be advised that Commercial Waste Services, Inc. has financed equipment with Advantage Funding for a number of years and always maintains the accounts in good standings. If this company is awarded a new waste collection contract, Advantage Funding or a syndicated source will work them to approve financing of the equipment required for the contract.
Do not hesitate to contact me with any questions at 480.272.1186 Sincerely,
Herb Wells
Regional Manager
14700 North 100th Place, Scottsdale, Arizona 85260-9085 480-272-1186--E-Fax [email protected] Attachment M: Letters of Reference
rePlanet·
April 16, 2018
To: City of Hawaiian Gardens
It is a pleasure to write a letter of recommendation for Commercial Waste Services. Commercial Waste Services has been servicing our company for the past 3 years and have been very happy with their disposal services. During this time we have always found them to be a honest, reliable Company that completes the job on time, without an issue and with high business ethnics. They have been an asset to the com pany and would highly recommend them .
Should you have any questions please feel free to contact me at (951)531-5716.
Sincerely,
Antonio Padilla
Commerce Operations Manager
Date
April 16, 2018
To: City of Hawaiian Gardens,
....
Los Angeles Dumpster
Rental
645 W 9th Street
Unit 110-142
Los Angeles, CA 90015
P: (213) 279-5046
F: (888) 604-1262
Commercial Waste Services has been a valued vendor for two years and we have been completely satisfied with their performance. They do an excellent job, are always punctual, offer the most competitive rates, and always do exactly what we ask of them.
In the past we used Republic Services but due to the unpredictability and inconsistency of service we were always looking for a more responsible vendor. Commercial Waste has been knowledgeable, courteous, and friendly. They expertly take care of each order and offer timely communication regardless of the size of the project. As a local waste and recycling company specializing in construction remodels, residential cleanouts and film events we place a high value on courtesy, professionalism and timeliness. We are glad to have a vendor who holds these values in the same regard. •' ---i happy to recommend the services of Commercial Waste Services. If you have any questions, please feel free to contact Sincerely,
Robert O'Neill
Office: (213) 279-5046
[email protected]
tered Office: 645 W 9th Street, Unit 110-142, Los Angeles, CA, 90210.
LlTTLE TOKYO
PUBLIC SAFETY ASSOCIATION
1J, J!Q tr( ~J:i ~B i%h ~ ( 3'c"ffi:)
KOBAN / INFORMATION CENTER
To whom it may concern,
Little Tokyo is a Japanese business district in the heart of Downtown Los Angeles.
It covers about 8 square blocks just east of LA City Hall. It is made up of residential, nonprofrts, and businesses.
Commercial Waste Services Inc. has served the entire Little Tokyo Community, for 70 years and 4 generations. This company has worked with the community's needs and is considered part of our community. They also service many of the surrounding residential and business districts in our area. /
Over the last 30 years, I have called upon Commercial Waste Services to help me with community cleanup projects, to participate with special events and fundraisers to support community groups, and to make innovative changes to the trash pickup accommodations. We highly recommend this company for their loyal service and their giving back to the community.
If you have any questions about Commercial Waste Services Inc, please feel free to contact me directly at (213) 613-1911 or my cell number at (213) 760-8383.
Sincerely,
~4-~
Brian S.l(ito
President
Little Tokyo Public Safety Association (501c3 nonprofit) 307 E. First Street, Los At1geles, CA 90012 • Tel: (213) 613-1911, (213) 613-0281, Fax: (213) 613-0282 E-mail: [email protected]
(~! ('-j
, ...... ·
Attachment F:
"Section 6 - Work Plan and Methodology, Section 11 - Implementation Plan, and Section 18 - Proposed Enhancements"
[City to provide from bid submittal]
June 27, 2018 - 79 - City of Hawaiian Gardens: Final Franchise Agreement •• '~.:;.. ,,. ; ••• 1 • ....... <\ • .:,\,(,,_,
C ATTACHEMENT G: "WORK PLAN"
6. Work Plan and Methodology
6. WORK PLAN AND METHODOLOGY
Commercial Waste Servi'ces (CWS) recognizes the Importance of a smooth transition; 11eneflting both the City and the haulers involved, The key components of this work plan proposed by Commercial Wa:;te Services center aro1,rnd three key concepts:
1. Education;
2, Consideration; and
3. E1<ecutlon
Education is an Integral part of Commercial Waste Services' mission to enhance the future of waste hat1dHng services.
CWS believes an educated community is a prepared community.
6.1 Residential "Core" Cart Service
6.1.1 Automated Carts
Commercial Waste Services (CWS) believes a crucial part of the initial stages of Implementation Is to familiari2e themselves with the community. CWS plans to achieve this by utilizing the res.idential data set suppfled by the City to populate the customer database and prepare a City-specific distribution plan. The distribution plan's main function is to distribute Public Education Materiats (PEMsl notifying the residents about the change in service, new benefits, and efigible programs.
PEMs will provide information regarding the distribution of new carts/bins/containers, when the residents can expect them to arrive, and the seavice provider contact Information!, As compliant with state recycling mandates, CNS wll/ include information on proper material sorting and which materials are allowed in each container. PEMs (e.g. pamphlets, flyers, ads) will be hand delivered to every residential customers to ensure that all residents receive notification.
CWS will work with the City to receive and revi.ew current solid waste and recycling services, as welil as route and tonnage data. An analysis of the current waste removal schedule will be conducted to strategize and establish the rnost efficient and non-disruptive e1<ecutlon of this hauler transition.
CWS has the ability to provide the requested fully automated solid waste, recyclable materials, and green waste carts for residential customers. CWS wilt provide the City color options for approval, and ensure City name and logo placement are satisfactory prior to distributing carts to customers. 'fhe following is CWS' proposed e1<ecution plan for its residential automated cart collection services:
1. During the initial carts, bins, and boxes distrtbution, CWS will designate a crew to deliver to 500 customers per day until all customers are services. This is the combined goal of all executi'on plians. Flatbed vehicles will be used to deliver carts, bins, and boxes.
City of Hawaiian Gardens -Apn12018
18 C 6. Work Plan and Methodology
1. Ail new carts will be accompanied by a PEM (e.g. notice, flyer, or pamphlet) describing the City's new automated collection services. The PEM wnt contain, at a minimum:
• Purpose and proper use of each cart;
• Proper placement of carts for collection;
• Recommended cart care;
• Collection schedule;
• Service guidelines and rules;
• Procedures for requesting additional and/or replacement carts; and • CWS contact Information for each resident including appropriate tel:ephone numbers and email addresses
2. A[I carts will be identifiable by a unique barcode with a corresponding serial number. Upon delivery of the containers and for each collection pick-up, these barcodes are scanned to keep records that each resident Is serviced promptly and as scheduled. The barcode reader ls equipped with Internet access to communicate instantaneous with cws headquarters' database and verify the customers' addresses,
3. The initial distribution team will file regular reports on the completion of each route segment to ensure futl and proper cart distribution.
6.1.2 Refuse Cart Collection
See Section 6.1.l for CWS' proposed cart executton ptan.
CWS has the ability to distribute the 96-gaUon Refuse Carts, 96-gallon Recycling Carts, and 64-gallon Green Waste Carts to all existing residential Cart customers, CWS will adhere to the approved Maximum Customer Rate Schedule (Attachment B of the RFP) when providing the default Carts, downsizing Carts, or providing additional Carts.
6.1.3 Recycling Cart CoHection
See Section 6.1,l for CWS' proposed cart execution plait Additional Recycling Carts will be available at no co:st to the rate payer for up to two (2) additional' 96-gallon Carts.
6.1.4 Green Waste Cart Collection
See Section 6.1.1 for CWS' proposed cart execution plan.
Additional Green Waste Carts will be available at no cost to the rate payer for up to one (l) additionali 64- gallon Cart. CWS has experience in collecting bundled green waste too large to fit within the Cart, and will provide thls service to its residential customers at least twice per year,
6. 1.5 Refu,se Cart Overa_fil!
CWS will offer at least two (2) annual pickups for refuse that do~s not frt within the provided automated refuse Carts at no additional cost to the rate payer.
City of Howaifan Gardens -April 2018
,19
C 6. Work Plan and Methodology
6.1.6 Cart Cotors and Markings
Through Schaefer Containers, CWS is able to provide a wide variety of colors, sizes, and markings for its resfdentlal Carts. cws will' not move forward with a color or design without receiving written approval from the City. Cart specifications and cut-sheets are provided in Attachment J of thls proposal.
6.1.7 Public Outreach Program
Initial Public Outreach
Prior to beginning collection services, CWS shall hold a community meeting to introduce residents, multi-famUy residents, businesses, and other customers of the City's new collection services and programs.
At least two week pri1or to this and all future scheduled community meetings, CWS wHJ notify all customers through either mall, phone, print advertisement, or a combination. By engaging with the community In-person earJy in the transition process, we aim to make customers, feel comfortable and well-informed about the upcoming changes.
Demonstration carts and Public Educatton Materials f PE Ms) will be available for customers to review and see the services avaHable to them first hand. Additional information meetings wrn be hel'd as needed during the life of the contract.
on .. Gofng Public Outreach
Commercial Waste Services has made It Its mission to educate its customers on how to effectively identify and separate recyclable matedals and organics from the solld waste stream, CWS has established public edutatlon and outreach programs In other jurisdictions that have shown success with an interdisciplinary approach. This approach utilizes the support horn current regulations, creative social resources, and industry minimum requirements to foster different levels of communication, sharing, and knowledge. This strategy can be paired with multiple languages (e.g. English/Spanish/Korean) and across several platforms (e.g, flyers, newspaper, workshops, and social media),
6.1.8 Bulky Item Collection
The City has requested its future hauler to provide at least sfx bulky item. pr.ck-ups per year, for up to five items each pick-up at no additional charge to the customer. CWS believes that this program can help to reduce illegal du mp ing, and therefore reduce collection vehicle miles traveled and street congestion. To fulfil its duty in providing the best service to the City possible, CWS proposes to provide up to fifty-two (52) bulky item pick-ups per year, for up to five items each pick up at no additional cost. This will give residents the flexibility and capacity to ensure their large items are removed in a timely manner Instead of abandoned on the side of the road, or in other areas of the Cfty, CWS firmly believes offering close to "unlimited" bulky item pick-ups will reduce Illegal dumping, as residents wlll always have a free and easy way to get rid of their unwanted items.
If notified by the City or a customer of any abandoned l)ulky waste !tem(s), CWS will collect and remove the item(s) at no addttiona! charge within 24 hours: of the notice. However, no service will be provided on Sat11rdays, Sundays, and holidays as outlined in the RFP.
CWS is committed to achieving the maximum diversion from landfill, and will employ the full wa,ste hierarchy of diversron until disposal is considered. Most bulky items will be sent to the Ace Diversion. Ace Diversion (SWl•S No. ll9-AA•l13l) is located at 1530 Date Street In the City of Montebello. Ace Diversion can rece[ve up to 175 tons of material per day. See Section 7 of this proposal for mor~ detail on this processing facility.
City of Hawaiian Gardens -April 2018
20 C 6. Work Plan and Methodology
6.1.9 Additional Bulky Item Servfcg
The purpose of providing up to fifty.two (52) free bulky item pick-ups is for customers to feel free to use this service every week of the year. CWS does not expect a customer to require more than one bulky item pick-up per year, although If ll'leeded, CWS will charge a fee consistent with the Maximum Customf.lr Rates (Attachment B of the RFP).
6.1.10 Temporary Bins
Residential customers will be provfded temporary bins or boxe$ within 48 hours of request (not including weekends or holidays,) for construction and demolition debris. CWS will use the customer rates as provided In the Maximum Customer Rates (Attachment B of the RFP).
CWS will use Distributors' Unlimited to supply all blns or boxes, and ensure to have sufficient bins or boxes readily available for customers.
6.1.11 Universal Waste & Electronic Waste
Through the bulky item collectron as described in Section 6.1.8, CWS wm collect t~•waste and e .. waste.
6.1.12 Roll-off Box and Temporary Processing
CWS is willing and able to provide permanent and temporary bin and roll-off container coll'ectlon, service upon request. Bins and roll-off containers will be provided to CWS by Distributors' Unlimited.
CWS will first utilize the South East Resource Recovery Facnity (SERRF) which achieves 100% diversion while recovering heat value and converting this heat Into renewable electricity. CWS will also utlUze Puente Hills Material Recovery Facility (MRF), which is owned and c,perated by the County of Los Angeles to recover recyclable materials prior to landfill. CWS has a long standing relationship with the County of Los Angeles, which has a proven track record of processing mixed recyctab[es from businesses and residents. Non-recoverable material will be sent to the Chiquita Canyon Landfill.
SERRF (SWIS No. 19-AK-0083) is located at 120 Pier S. Avenue in the City of Long Beach. It Is permitted to accept 1,380 tons per day. Puente Hills MRF (SWIS No. 19·AA·1043) rs located at 13130 Crossroads Parkway South In the City of Industry. It is permitted to receive 4,400 tons per day, Chiquita Canyon Landfill (SWIS No. 19•AA-0052) is l'ocated at 29201 Henry Mayo Drive in the City of Castaic. It ls permitted to accept up to 6,000 tons per day. See Section 7 of this proposal for more detail on these processing facilities.
6.1.13 SHARPS Collection
Consistent with the City's Draft Franchise Agreement, CWS will provide each residential dwelling unit, including multi-family and moblle homes, with the approprlate pre-paid postace mail back sharps collection service at no additional cost to the customer.
6.1.14 Valet Service
CWS will develop a valet service for eligible customers to move the customers' carts to and from the polnt of collection, Eliglble customers must provide California DMV handicap credentials on an annual' basis. CWS wm work with the customer to ensure a smooth collection service, This service wHI be at no cost to the eligible customer.
City of Hawaiian Gardens - April 2018
21 C 6. Work Plan and Methodology
6.1.15 Low-Income Senior Citizen Discount
All qualifying customers will be offered a low-income senior discount of 10% off their automated residential cart service. Qualifying customers are those age 65 and older who also qualify for Southern California Edison's CARE Program.
6.1,16 Holiday Tree Collection and Recycling
Outside of the provided bulky item pickup service, CWS wfll provide holiday tree collection and recycling for four consecutive weeks following December 26th • The holiday trees will be taken to Oak Tree Worm Farm to be converted in mulch, soil amendments, and/or compost. Oak Tree Worm Farm (SWIS No, 19-AA-136) is located at 13326 Little Tujunga Canyon and is allowed to accept up to 250 tons per day of organic materials, The facility has adequate capacity to handle all potential organics from the City of Hawaiian Gardens. See Section 7 of this proposal for more detail on this processing facility.
6.1,17 Mulch Give-A-Way Program
Oak Tree Worm Farm will provide free mulch, soU amendment, and/or compost for at least two mulch give-a-way events per calendar year. CWS will provide an coordination and hauling services for the mulch, soil amendments, and/or compost.
6.1.18 Holiday Schedule
CWS will provide collection services schedule during an Identified Hoftday on the following non-holiday calendar day.
CWS will work with the customers to ensure for a smooth collect/on service during these Holidays.
6.1.19 Removal and Recycling of Existing Carts
When embarking on a change of service as large as this, lt Is crucial to be considerate of the community, the City, and the previously contracted hauler. The first step to ensuring a smooth transition is for CWS to meet with the current hauler. CWS will share its proposed cart and container delivery schedule with the current hauler, to allow the hauler to provide comment and feedback on any potential deficiencies or time gaps. This will help give the current hauler the guidance and timeline needed to organize the removal of their own carts.
If the current hauler fails to remove their own carts, CWS has an available transitional storage facility to store these carts immediately. CWS wm offer this storage space to the current hauler to encourage a smooth, quick, and efficient transition.
CWS will develop a transition facility to store equipment, bins, containers, and carts temporarily to minimize any delays in the proposed transition schedule and missed collections. This storage facility will aid in streamlining the transition process between haulers by providing adequate space for all the carts and bins required to service the City of Hawaiian Gardens. A temporary storage location will also reduce traffic by reducing the miles CWS vehicles must travel back and forth for collection equipment. Reducing traffic has compounded benefits including eliminating unnecessary wear and tear on City streets and reducing truck emissions (greenhouse gases).
City of Hawaiian Gardens -April 2018
22 C 6. Wark Plan and Methodology
6.2 6.2.1
Residential "Optional" Collection Services
Organics and Food Waste Recycling
Commercial Waste Services will offer an optional organics and food waste recycling program to its residential customers. CWS will contract with Clements Environmental Corp. (Clements) to provide all organics program education, outreach, and waste characterization work. CWS, in collaboration with Clements, proposes the following for its food waste recycling program:
1. All residential customers will receive an invitation to participate in the optional food waste recycling program upon start of service, along with program-specific Informational pamphlets (PEMs), and instructions on what materials are allowed and are not allowed in the cart. The program will utilize the e><lsting residential 64-gallon green waste cart.
2. Prior to starting food waste collection services, a Clements account representative will visit the residential home to provide a one-on-one introductory presentation on food waste recycling, what to do, and what to expect.
3. On this Initial site visit, the account representative will also conduct a foodwaste survey to determine an estimated foodwaste quantity and type from the enrolled household. This survey takes into consideration number of residents within the household, household grocery budget, and diet.
4. Residential customers enrolled In this program will be allowed to place their foodwaste materials in their green waste carts. Depending on the level of participation, a separate collection vehicle may service these accounts.
5, These organic materials will be delivered to Oak Tree Worm Farm to be processed into nutrient-rich compost through the vermicomposting process,
6. At least once a year, a Clements account representative will conduct a waste characterization study on the residential household's organics cart to assess the ratio of foodwaste to greenwaste, and percentage of contamination (e,g. non-organics).
7. At least one a year, Clements will facilitate a waste characterization study on the organic waste tipped at Oak Tree Worm Farm as part of this program to provide the City with information on the effectiveness and potential deficiencies of this program.
8. Residents enrolled In this program will receive quarterly PE Ms relating to organic and food waste recycling, relevant state regulations (e.g. AB 1826 and SB 1383), and any program progress reports.
6.2.2 Citywide Quarterly Clean-up Program
CWS will provide four (4) free Citywide Quarterly Clean-up events per year at no cost to the City of Hawaiian Garden. For Citywide Clean-up events in excess of the four annual events, please see Attachment B of this proposal for pricing estimates for the total cost for collection, recycling, and disposal services.
City of Hawaiian Gardens -April 2018
23 C,
6.3 6.3.1
Multi-Family Residential "Core" Collection Service
Bins and Boxes
6. Work Plan and Methodology
Consistent with the City requirements, CWS will ensure that all bins and boxes be kept graffiti free at all times, and within four hours of visible or informed sighting, wi:11 touch-up or replace any bin or box.
Sfmilar to CWS' residential cart execution plan in Section 6.1.1, ONS proposes the following multi-family execution plan:
2. During the initial carts, bins, and boxes distribution, CWS wl!J designate a crew to deUverto 5,000 customers per day until all customers are services. This is the combined goal of all execution plans. Flatbed vehicles will be used to deliver carts, bins, and boxes.
3. All new bins or boxes (dumpsters) will be accompan.ied by a PEM (e.g. notice, ffyer, or pamphlet) describing the City's new collection services. The PEM will contain, at a minimum:
• Purpose and proper use of each dumpster;
• Proper placement of dumpsters for collection;
• Recommended dumpster care;
• Collection schedule;
• Service guidelines and rules;
• Procedures for requesting additional and/or replacement dumpsters; and • CWS contact information for each multi-family unit including appropriate telephone numbers and email addresses
4. All dumpsters wm be Identifiable by a unique barcode with a corresponding serial number, Upon delivery of the containers and for each collection pick-up, these barcodes are scanned to keep records that each resident is serviced promptly and as scheduled. The barcode reader is equipped with Internet access to communicate instantaneous with CWS headquarters' database and verify the customers' addresses.
S. The initial' distribution team will file regular .reports on the compl'etlon of each route segment to ensure fuO and proper dumpster distribution.
6.3.2 Multi-Family MRF Processing
CWS will deliver mti!tl•family containers to the SERRF plant and Puente HlUs MRF. SERRF processing quaiifles for 100% diversion, whil'e the Puente Hills MRF achieves 20% diversion for solid waste and 100% for comingled recyclable loads. Between these two processing plants, CWS wlfl achieve at least 50% diversfon for all collected mufti-family waste materials.
6.3.3 Bulky Item Collection
As stated in Section 6,1.8, CWS proposes to offer fifty-two {52) bulky item pick-ups per year, for 1,1p to five Items each pick up at i,,o additional cost to the customer. This will inc'lude universal and electronic wastes.
City of Hawaiian Gardens•· April 2018
24 C 6. Work Pion and Methodology
6.3.4 Bulky Item Diversion
CWS ls committed to achieving the maximum diversion from landfill, and will employ the full waste hierarchy ot diversion untll disposal is considered. Most bulky items wil! be sent to the Ace Diversion, Ace Diversion {SW}S No. 19-AA-1131) is located at 1530 Date Street in the City of Montebello. Ace Diversion can receive up to 175 tons of material per day. See Section 7 of this proposal for more detail on this processing facility.
6.3,S Universal Waste & Electronic Waste
Both universal waste and electronic waste will be collected through the bulky item collection as described ill'I Section 6. 3.3,
6,3.6 Sharps Collection Program
Pre-paid postage mall back sharps collection service wm be provided to each residential dwelling unit at no additlonal cost to the customer.
6.3, 7 Horfday Tree Collection and Recycling
Outside of the provided bulky item pickup service, CWS will provide holiday tree collection and recycling for three consecutive weeks following December 25th as outlined in the RFP. Holiday trees will be taken to Oak Tree Worm Farm to be converted in mulch, soil amendments, and/or compost. Oak Tree Worm Farm (SWIS No. 19·AA-136) is located at 13326 Little Tujunga Canyon and Is allowed to accept up to 250 tons per day of organk materials. The facility has adequate capacity to handle alll potential organics from the City of Hawaiian Gardens. See Section 7 of this proposal for more detail on this processing facility.
6.3.8 Green Waste/ Organics Recycling Collection
To help the City meet the requirements of AB 1826, the mandatory commercial and multi-family organics recycling reg.ulations, ONS will enroll all multl-famUy businesses in an 01rganlcs recycling program. With the help of Clements, ONS proposes the following for the mufti-famfly organics recycling program:
1. AU multi-family complex owners and residents will receivo an invitation to participate in the organics program upon start of service, along with program-sp~cific informational pamphlets (PEMs}, and instructions on what materials are allowed and are not allowed in the cart. This program will offer a new 96-gallon green waste cart.
2. In addition to the PEMs, all multi-family complex owners and residents will lnltfally receive information about AB 1826 regulatory requirements. As new regulations are adopted, these customers wilt received updated information as applicable to their collection service.
3. Prior to starting food waste collection services, a Clements account representative wm vlslt the multi-family complex to provide a one-on-one Introductory presentation on food waste recycling, what to do, and what to expect.
4. On this initial site visit, the account representative wfll also c::onduc::t a foodwaste survey to determlne an estimated foodwaste quantity and type from the enrolled hou.sehofd. This survey takes into consideration number of residents within the household, household grocery budget, and diet.
City of Hawallan Gardens -April 2018
25 C 6. Work Plan and Methodology
5. Multi-family customers enrolled in this program will be allowed to place their foodwaste materials In their green waste carts. Depending on the level of participation, a separate collection vehicle may service these accounts.
6, These organic materials will be delivered to Oak Tree Worm Farm to be processed into nutrient-rich compost through the vermicomposting process.
7. At least once a year, a Clements account representative will conduct a waste charncter-ization study on the residential household's organics cart to assess the ratio of foodwaste to greenwaste, and percentage of contamination (e.g. non-organics) ..
8. At least one a year, Clements will facilitate a waste characterization study on the organic waste tipped at Oak Tree Worm Farm as part of this program to provide the City with information on the effectiveness and potential deficiencies of this program.
9. Residents enrolled in this program will receive quarterly PEMs relating to organic and food waste recycling, relevant state regulations (e.g. AB 1826 and 58 1383), and any program progress reports,
6.4 Commercial "Core" Collectlon Service
6.4.1 Bin Refuse Collection and Processing
Commercial Waste Services (CWS) will utilize Distributors' Unlimited to supply all collection bins (e,IJ, 2, 3, 6, 30, and 40 cubic yard bins) for commercial accounts. CWS will have sufficient collection bins in stock to create new recycling accounts for all commercial customers.
CWS proposes the following for the commercial bin execution plan:
1. CWS will work in cooperation with the current contracted hauJerto minimize service disruption and ensure a seamless transition for City customers.
2, A variety of container trucks will be used to deliver these containers to each customer. Container trucks are designed to deliver the commercial containers wfthout damaging the surface of the customer's property. a, The trucks are considered "light duty" and equipped with noise mufflers to not disturb residents.
If need be, these trucks can be used to pulf out dumpsters from tight alleyways or other hard to service areas.
3, Depending on the commercial accounts' needs, CWS will use container storage trucks to deliver one dumpster at a time, or multiple containers simultaneously.
ONS strives to provide the safest, environmentally protective, and rnost efficient truck fleet possible by equipping collection vehicles with one or more of the following:
• "Pack at Idle systems" and Engine Idle time limiter to reduce emissions • Automatic transmissions that reduce emissions and allow drivers to focus more on their surroundings and safety versus shifting gears
• Retarders to assist In braking.
• Larger than industry standard brake linlng to rmprove overall braking performance City of HawaI1an Gardens -April 2018
26 (! 18. Proposal Enhancements
18. Proposal Enhancements
Community Scholarship
Commercial Waste Services will donate a total of $10,000 annually to high school students who reside in the City of Hawaiian Gardens who seek higher education
Community Involvement
Commercial Waste Service is dedicated to the community an(J residents we serve. We believe in rolling up our sleeves and becoming active partners. We are committed to joining Hawaiian Gardens numerous Community Based Organizations.
Holiday Tree Service
Commercial waste services shall collect holiday trees on a annual basis. Commercial Waste will collect holiday trees placed out for collection on collection day for 8 weeks following December 25. Commercial waste services will collect all holiday trees free of charge regardless of flocking, tinsel or ornaments.
Free Bulky Item Pick Up & Drop Off
Commercial Waste Services will setup free pre scheduled bulky item pick ups and drop offs for City of Hawaiian Gardens residents.
Organics Recycling Program
Commercial Waste Services will offer a Organics Recycling Program to all customers commercial and residential.
Deliver Organic waste containers to commercial customers and educate on how to stay green. Instruct residents on easy techniques to do backyard organic composting.
Free Mulch Give Away
Commercial Waste services will conduct 2 compost mulch give a ways each calendar year for City Residents. The City will be able to coordinate with Commercial Waste to schedule in conjunction with other City events.
City Sponsored Event Signage
Commercial Waste Services will display advertising for city sponsored events on all trucks servicing the city the week prior to the event. Custom signage will be printed at Commercial Waste Services expense and will be displayed on vehicles. Commercial Waste Services feels this will give the city more exposure and City pride at city sponsored events.
Sharps Disposal Program
Commercial Waste Services will create a sharps disposal program for all the residents of the city of Hawaiian Gardens.
Special Event Recycling Services
Commercial Waste Services will not only donate refuse containers to City sponsored events, we will also donate recycling receptacles to promote recycling and keep Hawaiian Gardens sustainable. 24 Hour Live Voice Customer Service
Commercial Waste Services will have 24 hour customer service line 7 days a week without a answering service Volunteer At City Events
Commercial Waste services will also supply the City with 2 representatives 1 to interact with residents and businesses who attend events and answer questions, comments or concerns at events. The second representative will be responsible for keeping the cardboard event containers empty during City events.
Hawaiian Gardens Branding on Vehicles
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18. Proposal Enhancements
Commercial Waste Services will add "Proudly serving the City of Hawaiian Gardens" and a city logo at the cities sole discretion on all vehicles serving the city of Hawaiian Gardens. 70% Diversion Rate
Commercial Waste Services will guarantee a initial diversion rate of 70% by the end of the first year for the city of Hawaiian Gardens.
Free Services at All City Facilities and City Events
Commercial Waste Services will not only service city facilities for free but will also provide free service to all city sponsored events.
Free Annual Cart Washing
Commercial Waste Services will pick one week out of the year and conduct a annual cart washing for all residential carts free of charge. This is in addition to cart exchanges for broken, damaged or old carts.
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