Economic Development Committee
November 7, 2022

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www.modestogov.com
AGENDA
City of Modesto

ECONOMIC DEVELOPMENT COMMITTEE / COUNCIL

WORKSHOP
Held Via Teleconference
(To Access Meeting Please See Instructions Below)
Monday, November 07, 2022 at 5:30 PM
*Roll Call: Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
David Wright, Member
Alternates: Tony Madrigal, Rosa Escutia-Braaton, Jenny Kenoyer * Please Note: In order to respond to COVID-19, and pursuant to AB 361, the City will hold this meeting via teleconference and Committee Members will be calling in. “Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

THIS MEETING WILL NOT BE PHYSICALLY OPEN TO THE PUBLIC
In order to minimize the spread of the COVID-19 virus, this meeting will be conducted pursuant to AB 361, which amended the Brown Act’s teleconferencing provisions and will not be physically open to the public. You may observe and participate in the meeting via teleconference as indicated below.
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PARTICIPATING IN COMMITTEE MEETINGS IN CONFORMANCE
WITH AB 361
The City of Modesto is providing alternatives to observe and participate in Committee meetings.

If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee Members and placed in the record, but will not be read aloud during the meeting. Written comments must be received by 3:00 p.m. on the day of the meeting.

VIRTUAL PARTICIPATION BY ZOOM VIDEO

CONFERENCING AND TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view and participate in Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
 Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
 Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
 Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Committee meeting.

Joining the Committee meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can participate by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
Providing Public Comment on Zoom and by Telephone
The Committee Chairman will request public comment during the Public Comment periods on the meeting agendas and during each Regular Calendar Item on the Committee Agenda. Once the Chairman has announced the public comment period, please do one of the following.

USING A COMPUTER OR SMART PHONE APP:
 Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
 City staff will unmute your microphone when it is your turn to provide - 2 -
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public comment.
 A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.

USING A REGULAR PHONE (not using a computer or smart phone APP):
 Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment.
 City staff will unmute your microphone when it is your turn to provide public comment.
 You will hear “you are unmuted” and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.  If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.

Additional Zoom resources/support
Please visit Zoom’s website support page on helpful tips to prepare for the meeting:
https://support.zoom.us/hc/en-us/categories/201146643
Council has not delegated directive or final approval authority to the Committees. Committee actions are recommendations to the full City Council, not final decisions on an issue. This meeting is also noticed as a City Council workshop.

PUBLIC COMMENTS
Three minute time limit per speaker
Only interested persons in the audience may present these matters. Under State law, Councilmembers may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Councilmember or the Council itself may take action to direct staff to place a matter of business on a future agenda.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED:

Information concerning the consent items listed below has been forwarded to each Councilmember prior to this meeting for study. Unless some member of the audience or Councilmember has a question concerning an item and asks that it be withdrawn from the - 3 -
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consent list, the Council approves the items at one time. The action taken by the Council in approving consent items is set forth in the explanation of this individual item.

Any and all of the following agenda items are subject to action by the Modesto City Council.

This Agenda is on file at the Modesto-Stanislaus Library Reference Room, 1500 I Street, Modesto, in the City Clerk’s Office, Sixth Floor, 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

CONSENT
An item may be removed from consent and discussed at the request of an audience member or Councilmember.

Consent

1. Consider approving an Agreement with HDR Engineering, Inc. to conduct a Feasibility Study for the City’s Compost Facility at 7001 Jennings Road, for a total amount not to exceed $97,055, and forwarding to Council for approval. (Funding Source: Compost Facility Improvement Fund)
 Motion approving an Agreement with HDR Engineering, Inc., Northern California Area, to conduct a Feasibility Study for the City’s Compost Facility at 7001 Jennings Road for a total amount not to exceed $97,055 and forwarding to Council for approval.

PUBLIC WORKS; Rosene Salmo, 209-577-5453, [email protected] Consent

2. Consider approving an Agreement with HSQ Technology, Hayward, CA, for the Procurement of Parts, Service, Licenses and Support for the Miser and Supervisor Control and Data Acquisition System, for two years, with three one-year extension options, for an annual estimated amount of $145,000 and a total not to exceed $725,000 over five years. (Funding Source: Water and Wastewater Funds)  Motion approving an Agreement with HSQ Technology, Hayward, CA, for the Procurement of Parts, Service, Licenses and Support for the Miser and Supervisor Control and Data Acquisition System, for two years, with three (3) one-year extension options, for an annual estimated amount of $145,000 and a - 4 -
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total amount not to exceed $725,000 over five years, and authorizing the Director of Finance, or her designee, the ability to add parts based on the Department’s needs, ensuring the total amount does not exceed the authorized total, and forwarding to Council for approval.

UTILITIES; Ben Koehler, 209-342-4502, [email protected]

NEW BUSINESS

3. Consider an Ordinance repealing Title 5, “Sanitation and Health,” Chapter 11 “Organic Waste Disposal” of the Modesto Municipal Code in its entirety, repealing and replacing Title 5, Chapter 5 “Solid Waste” of the Modesto Municipal Code, approving an updated cash security deposit schedule for Self-Haul charges, and forwarding to Council for approval. (Funding Source: Not Applicable)
 Motion approving an Ordinance repealing Title 5, “Sanitation and Health,” Chapter 11 “Organic Waste Disposal” of the Modesto Municipal Code in its entirety, repealing and replacing Title 5, Chapter 5, “Solid Waste” of the Modesto Municipal Code, approving an updated cash security deposit schedule for Self-Haul charges, rescinding Resolution No. 98-113 and forwarding to Council for approval.

PUBLIC WORKS; Rosene Salmo, 209-577-5453, [email protected]

ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

November 7, 2022
Date: October 14, 2022
TO: Economic Development Committee
Sue Zwahlen, Chair
Chris Ricci, Vice Chair
David Wright
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: Agreement with HDR Engineering, Inc. to conduct a feasibility study for the City’s Compost Facility
CONTACT: Rosene Salmo, Integrated Waste Program Manager [email protected] 209-577-5453
DESCRIPTION:

Consider approving an Agreement with HDR Engineering, Inc. to conduct a Feasibility Study for the City’s Compost Facility at 7001 Jennings Road, for a total amount not to exceed $97,055, and forwarding to Council for approval. (Funding Source: Compost Facility Improvement Fund) STRATEGIC PLAN ELEMENT:

The recommended action is consistent with the Council’s Strategic Plan Area (2020-2025) - Quality of Life: “Engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto;” Goal D: “Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.” BACKGROUND:

The City of Modesto Compost Facility was created and began operation in January 1997 to comply with Assembly Bill (AB) 939’s fifty percent (50%) waste diversion requirement. In September 2016, Governor Brown signed the Short-Lived Climate Pollution Reduction Act Senate Bill (SB 1383)1 into law, establishing emission reduction targets statewide to reduce organic waste to landfill by seventy-five percent (75%) and recovering twenty percent (20%) of edible food waste for human consumption by 2025.
1 https://www.calrecycle.ca.gov/organics/slcp
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Economic Development Committee, November 7, 2022
Agreement with HDR Engineering, Inc. to conduct a feasibility study for the City’s Compost Facility

The Compost Facility’s primary and state mandated purpose is to process the City’s diverted yard waste, paper waste and food waste materials into a reusable soil amendment product (compost), thus keeping these materials from entering the landfill and lowering the City’s disposal rate. A secondary purpose of the facility is to then market and sell the finished compost to farmers, landscapers, and backyard gardeners, which in turn helps keep the facility sustainable. Compost is also donated to community gardens and landscape projects, parks, schools, churches, and has been used in City projects. Annually, the Facility receives approximately 50,000 tons of raw compostable waste materials and processes it into about 25,000 tons of compost.

On June 14, 2022, by Resolution No. 2022-276, Council approved new solid waste rates. The new rates took effect on July 1, 2022. A compost facility improvement fee was added to both residential rates and commercial rates. These fees will be solely utilized for facility improvements.

DISCUSSION:

More restrictive State organics Regulation SB1383, mandates increasing the organic material landfill diversion rate to 75% by the year 2025. In addition, there have been significant restrictions on other parts of the material processing operation since the facility was first permitted in 1997. Both the regional air district (San Joaquin Valley Air Pollution Control District Rule 4566) and the regional waterboard (General Waste Discharge Requirements for Composting Operations, Order WQ 2020-0012—DWQ) require improvements to the heavy equipment operations, working surfaces and the material processing operation in order to protect the air and groundwater quality respectively. These two regulatory permitting agencies and the SB1383 legislation require the City to consider substantial infrastructure, labor and heavy equipment improvements to the compost facility.

HDR Engineering will provide guidance to the Modesto City Council and Public Works staff to make informed decisions on the future of the City’s composting operations and compliance with SB1383. Their consultant work will also evaluate and make recommendations on the revenues and expenses over five years in order to maintain a sustainable Compost Fund Budget.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to follow formal bid procedures.

An award of bid and agreement to conduct a feasibility study for City’s Compost Facility.

However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.”
FISCAL IMPACT:

The consultant services Agreement is not to exceed $97,055 and will be absorbed within the current Compost Facility Improvements Fund 4896-56035-53300 in FY 2022-23. The compost facility improvement fund will receive approximately 1.5 million annually. #1..
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Economic Development Committee, November 7, 2022
Agreement with HDR Engineering, Inc. to conduct a feasibility study for the City’s Compost Facility

STAFF RECOMMENDATION:

Motion approving an Agreement with HDR Engineering, Inc., Northern California Area, to conduct a Feasibility Study for the City’s Compost Facility at 7001 Jennings Road for a total amount not to exceed $97,055 and forwarding to Council for approval.

Approved by:

Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:

1. Agreement

2. Exhibit A - Compost Feasibility Study

3. Financial interest disclosure

4. Exhibit B - Cost Abstract RFQ for Feasibility Study

5. Bid Waiver
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STANDARD AGREEMENT

HDR ENGINEERING CONSULTANTS

FEASIBILITY STUDY FOR COMPOST
THIS AGREEMENT, made and entered into in the CITY of Modesto, State of California, this day of , 2022 (“Effective Date”), by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and HDR Engineering, Inc. hereinafter referred to as "CONSULTANT."
This Agreement is made with regard to the following recitals:

A. The CITY has determined that a CONSULTANT Agreement should be prepared for the CITY for Feasibility Study for CITY’S Compost Facility.

B. CONSULTANT represents that it is qualified, willing and able to provide the services to prepare said document(s).

NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES.

CONSULTANT shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "project". The CONSULTANT shall perform the services as described in Exhibit "A" in a manner compatible with the standards of its profession and shall produce a fully complete project that is acceptable to CITY, such acceptance will not be unreasonably withheld conditioned or delayed.

2. TERM OF AGREEMENT.
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This Agreement is effective as of the date first written above and will continue in effect until CITY'S acceptance of and payment for all services authorized by CITY and performed by CONSULTANT, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

CITY hereby gives CONSULTANT notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this agreement. CONSULTANT shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit "A".

3. COMPENSATION.

CONSULTANT agrees to accept a sum not to exceed $97,055.00 DOLLARS as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" and for performance by CONSULTANT of all of its duties and obligations under this Agreement.

The Compensation shall be paid pursuant in the manner and at the times set forth below:

All work to be performed under this Agreement shall be billed at the rates set forth in Exhibit “B” attached hereto, CONSULTANT shall submit monthly invoices to CITY which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket, reimbursable costs paid by CONSULTANT in connection with work performed on this project. CITY shall pay all undisputed amounts within 30 days following receipt of consultant’s invoice

4. OBLIGATIONS OF CONSULTANT.
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Throughout the term of this Agreement, CONSULTANT shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. CONSULTANT warrants that is has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the CITY with the services contemplated by this Agreement. CONSULTANT further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the CITY, and may be used by CITY as it may require without any additional cost to CITY.

However, any modification or reuse of such documents of such documents for purposes other than those intended by this Agreement shall be at CITY’s sole risk and without liability to CONSULTANT. No reports shall be used by the CONSULTANT for purposes other than this contract without the express prior written consent of CITY.

Title to Data
If, as a part of the agreement, CONSULTANT is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated #1..
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under this agreement will be delivered to CITY upon the completion or termination of services under the contract.

All materials, documents, data or information obtained from the CITY data files or any CITY medium furnished to CONSULTANT in the performance of this Agreement will at all times remain the property of the CITY. Any modification or reuse of such data or information for purposes other than those intended by this Agreement shall be at CITY’s sole risk and without liability to CONSULTANT. Such data or information may not be used or copied for direct or indirect use by CONSULTANT after termination of this Agreement without written consent of the CITY.

6. NEWS AND INFORMATION RELEASE.

CONSULTANT agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from CITY through the City Manager.

7. INTEREST OF CONTRACTOR.

CONSULTANT warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement.

CONSULTANT warrants that, in performance of this Agreement, CONSULTANT shall not employ any person having any such interest. CONSULTANT agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of CITY.

8. AMENDMENTS.
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Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for CITY or CONSULTANT to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

Until a change order is so executed, CITY will not be responsible to pay any charges CONSULTANT may incur in performing such additional services, and CONSULTANT shall not be required to perform any such additional services.

9. INDEPENDENT CONTRACTOR.

All acts of CONSULTANT, its agents, officers, and employees and all others acting on behalf of CONSULTANT relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONSULTANT, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONSULTANT has no authority or responsibility to exercise any rights or power vested in the CITY. No agent, officer, or employee of the CITY is to be considered an employee of CONSULTANT. It is understood by both CONSULTANT and CITY that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

CONSULTANT, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.
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CONSULTANT shall determine the method, details and means of performing the work and services to be provided by CONSULTANT under this Agreement. CONSULTANT shall be responsible to CITY only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to CITY'S control with respect to the physical action or activities of the CONSULTANT in fulfillment of this Agreement. CONSULTANT has control over the manner and means of performing the services under this Agreement. CONSULTANT is permitted to provide services to others during the same period service is provided to CITY under this Agreement. If necessary, CONSULTANT has the responsibility for employing other persons or firms to assist CONSULTANT in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by CONSULTANT, such persons shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONSULTANT.

It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONSULTANT or CONSULTANT'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of the CITY in any capacity whatsoever as an agent, or to bind the CITY to any obligation whatsoever.
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It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of CONSULTANT'S personnel.

As an independent contractor, CONSULTANT hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

10. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the CITY in each and every instance.

11. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in the contract,
CONSULTANT shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to CITY at the request of CITY.

12. NOTICES.

Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (a) upon actual delivery, if delivery is by hand; or (b) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time.
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FOR CONSULTANT:

Name: HDR Engineering, Inc
Address: 2365 Iron Point Road, Suite 300,
Folsom, CA 95630
Attention: Tim Raibley
Phone: (916) 817-4914
FOR CITY:

Name: City of Modesto – Public Works Solid WasteAddress: P.O. Box 643 Modesto, CA 95353
Attention: Rosene Salmo, Integrated Waste Program
Manager
Phone: (209) 577-5453

13. INSURANCE REQUIREMENTS.

The CONSULTANT shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide a certificate of insurance as evidence of such insurance to the CITY as may be required by the Risk Manager of the CITY. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies. (a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.
(b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $1,000,000 for property damage or #1..
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$1,000,000 combined single limit. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required per-occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $1,000,000 property damage or $1,000,000 combined single limit. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability (Errors and Omissions) Insurance with limits not less than $2,000,000 per claim, $2,000,000 aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

Upon failure of the CONSULTANT to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the CITY, may be forthwith declared suspended or terminated. Failure of the CONSULTANT to obtain and/or maintain any required insurance shall not relieve the CONSULTANT from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONSULTANT concerning indemnification. The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' #1..
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Compensation and Professional Liability. CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the CITY. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and shall be placed with insurer(s) with acceptable Best's rating of A: VII or with approval of the Risk Manager. The CONSULTANT must deliver certificates evidencing existence of the insurance listed above to the CITY prior to the time the contract is signed.

All endorsements referenced above must include the applicable policy number. The parties agree that the insurance requirements included in Exhibit A do not apply and that CONSULTANT’s insurance requirements shall be governed exclusively by the section 14.

14. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, CITY may terminate this Agreement by giving written notification to CONSULTANT, but only after providing CONSULTANT written notice of the default or breach and a period of 10 days to cure the #1..
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termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following:
failure to perform required services or duties, willful destruction of CITY'S property by CONSULTANT, dishonesty or theft.

Termination by City for Convenience
TheCITYmay also terminate theCONSULTANT'Sperformance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when theCITYis prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the CITY that such termination is in the best interest and convenience of the CITY, or whenever the CITY is prohibited from completing the Work for any reason. The CITY shall provide no lessthan ten (10) calendar days written notice of its intent to terminate the Agreement for convenience and shall endeavor to provide the CONSULTANT with consultation with the CITY prior to termination.

Termination by City for Lack of Budgeted Funds
The CITY may terminate this Agreement effective July 1 of any given year upon the CITY'S determination to not appropriate sufficient funds for this Agreement for the ensuing fiscal year. In such event CITY shall give CONSULTANT not less than 30 days written notice of termination.

Termination by City for Change of Consultant's Tax Status If CITY determines that CONSULTANT does not meet the requirements of federal and state tax laws for independent contractor status, CITY may terminate this Agreement by #1..
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giving written notice to CONSULTANT. The termination date shall be the effective date of the notice.

Post-Termination Procedures
If this Agreement is terminated pursuant to this Section, CONSULTANT shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees,
subconsultants and agents are notified of such termination and act as specified in the notice of termination.
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any CONSULTANT or
subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not
delivered;
d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been
accumulated by the CONSULTANT in performing the Work
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whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the Work and/or property related to the Work;
h. If CITY so requests, and at CITY'S cost, CONSULTANT
shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONSULTANT'S
work on the project.
i. The CONSULTANT understands and agrees that CITY
may, acting reasonably and in good faith, refuse to pay CONSULTANT for that portion of CONSULTANT'S
services which were performed by CONSULTANT on the
project prior to the termination date and which remain
unacceptable and/or not useful to CITY as of the
termination date.

CITY will pay CONSULTANT an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. If the Agreement is terminated pursuant to the subparagraph entitled Termination by CITY for Default of CONSULTANT, CONSULTANT understands and agrees that CITY may, acting #1..
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reasonably and in good faith, refuse to pay CONSULTANT for that portion of CONSULTANT'S services which were performed by CONSULTANT on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date. The final payment to the CONSULTANT after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant
agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the CONSULTANT as of the date of termination, as
determined in accordance with the notice of termination, reduced by any sums previously paid to the
CONSULTANT.

15. CERTIFIED PAYROLL REQUIREMENT.

For consultants performing field work on public works contracts on which prevailing wages are required: The CONSULTANT shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.

16. INDEMNITY.

The CONSULTANT shall hold the CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, #1..
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liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, to the extent arising out of any negligent or wrongful act or omission of CONSULTANT , or its agents, officers, and employees relating to or during the performance of its obligations under this agreement.

CONSULTANT'S obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for CONSULTANT to procure and maintain a policy of insurance.

17. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California, by one arbitrator, except as otherwise specified in this Agreement.

The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.
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This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by CONSULTANT with CITY, and the claim is rejected in whole or in part by CITY, this paragraph shall result in the final administrative decision of CITY for all the issues presented in the claim by CONSULTANT so long as any issues presented by the claim are arbitrable. Claims rejected by CITY or by operation of law, shall be submitted by CONSULTANT to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by CITY to CONSULTANT.

Otherwise, the claim or claims shall be deemed waived in their entirety.

The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made. Both CITY and CONSULTANT shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.

Whether or not CITY and CONSULTANT may be engaged in
interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

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awarded in a court of law. The arbitratorshall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. However, the arbitrator will not award punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties herby agree to waive and not seek such damages. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party.

CONSULTANT shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between CITY and CONSULTANT involving the work of the subcontractor to be joined.

CONSULTANT’S failure to do so shall be a breach of this Agreement.

The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.

18. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between CONSULTANT and CITY. Additional or new terms contained in this Agreement which vary from CONSULTANT'S proposal are controlling and are deemed accepted by CONSULTANT by shipment of any article or other commencement of performance #1..
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hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

19. PARTIAL INVALIDITY.

If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

20. WAIVER.

The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

21. AUDIT.

The CITY'S duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify CONSULTANT'S charges to CITY under this Agreement.

CONSULTANT agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for CONSULTANT services. CITY'S representative shall have the right to reproduce any of the aforesaid documents.

22. GOVERNING LAW.
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This Agreement shall be governed according to the laws of the State of California.

23. HEADINGS NOT CONTROLLING.

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

24. COMPLIANCE WITH LAWS.

CONSULTANT shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. CONSULTANT shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

25. CITY BUSINESS LICENSE.

CONSULTANT shall have a CITY of Modesto business license.

26. ESTIMATES.

Any estimates of project cost, value or savings provided by CONSULTANT are intended to allow a comparative evaluation between alternatives and do not constitute a detailed evaluation or prediction of actual project costs, value or savings. Any such estimates are made on the basis of information available to CONSULTANT and on the basis of CONSULTANT’s experience and qualifications, and represents its judgment as an experienced and qualified professional engineer. However, since CONSULTANT has no control over the impact of various factors that impact the actual project cost, value or savings, CONSULTANT does not guarantee that the actual project cost, value or savings will not vary from CONSULTANT’s estimates.
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IN WITNESS WHEREOF, the CITY of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2022- , adopted by the Council of the City of Modesto on the day of , 2022, and HDR ENGINEERING, INC. has caused this agreement to be duly executed in duplicate as of the Effective Date.
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Exhibit A

CITY OF MODESTO

REQUEST FOR QUOTES
FOR

COMPOST FACILITY

SOLID WASTE DIVISION

COMPOST FACILITY FEASIBILITY STUDY
OPENING: JULY 19, 2022
CITY OF MODESTO CONTACT: Rosene Salmo, Integrated Waste Program Manager E-MAIL ADDRESS: [email protected]
PHONE: (209) 577-5453
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The City of Modesto is seeking quotes from qualified firms to conduct a feasibility study at the City’s Compost Facility, operated by the Public Works Department- Solid Waste. The purpose of this study is to examine and evaluate the City’s compost facility by identifying infrastructure upgrades, equipment and staffing updates as well as ensuring compliance with state and federal regulations. To better understand the facility needs, a mandatory site visit will be required. If you would like to be considered for this work, please submit your quote by 11:00AM on August 20, 2022 to:

Via Email (preferred method): [email protected]
Via Mail: City of Modesto Solid Waste Division
PO Box 642
Modesto, CA 95353
A request for proposal does not commit the City of Modesto to award a contract, to pay for any costs incurred in preparation of a proposal, or to procure a contract for services. The City reserves the right to award by line item, groups of items, or all items. Contracts may be awarded to more than one company in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs.

CALENDAR OF EVENTS
Event Date
Opening: July 19, 2022
Mandatory Site Visit: July-19- August 19, 2022
Response Due: BEFORE 11:00 A.M. on August 20, 2022
Estimated Award Date: September 1, 2022
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SCOPE OF WORK
Overview and Intent
The City of Modesto (City) is requiring written proposals from qualified organizations (Contractor(s)) to provide compost facility conceptual design services.

City of Modesto operates a regional windrow composting facility at a site adjacent to the City’s Wastewater Treatment Plant. The facility occupies approximately 50 acres and has the ability to accept green material, food scraps, paper products and biosolids. The current permitted throughput is 500 tons per day. The facility has not had major improvements in design or processing equipment in many years. The implementation of SB 1383 (Short-Lived Climate Pollutant Reduction Strategy) is expected to generate a significant increase in the availability of local organic feedstocks.

The most consequential changes since the facility was first permitted are changes to both the regional air district rules (San Joaquin Valley Air Pollution Control District Rule 4566) and the Statewide General Order on Composting (General Waste Discharge Requirements for Commercial Composting Operations, Order WQ 2020-0012-DWQ). These two regulatory changes, combined with the ambitions of SB 1383 require the City to consider substantial upgrades to the facility.

The most significant site upgrades are likely transitioning to forced aeration (from windrow), improving working surfaces (paving) and drainage, increasing the daily permitted throughput and vehicle traffic, and lastly powering the operation with high voltage material processing equipment. All of the improvements will likely require substantial investment and regulatory oversight. The work will be divided into two phases. Phase I will include a feasibility study to determine site needs and costs. Phase II will include the site operation and improvement project. This RFP is for Phase I, Feasibility study.

The City of Modesto requires that Contractor perform a feasibility study to determine the upgrades needed, implementation timelines and the cost associated with these upgrades to ensure that the site is in compliance with current and upcoming state and local regulations as well as ensuring new revenue sources for the City. The City has separated this project into six (6) tasks, and requests that responses to this quote request address each component separately.

Each component may be selected independently of the other components or in any combination thereof.

Task 1: Preliminary Conceptual Site Design
This task includes laying out a new, reimagined facility, keeping in mind existing infrastructure, required throughput, improvements, utilities, drainage. This task will include verifying or estimating the likely tonnages and feedstocks expected under SB 1383. Contractor will provide the cost and timeline associated with the site design, The current compost facility processes approximately 50,000 tons per year of mostly green material. At full implementation of SB 1383, this tonnage might double, primarily adding more food scraps, including residential food commingled with green material, as well as commercial food waste. A key component of the Conceptual Design would be understanding required facility capacity, given evolving collection programs and contamination of incoming feedstocks, owing largely to plastic and paper often adjacent to, or collected commingled with #1..
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food scraps. The conceptual design would be primarily revolving around several drawings of the facility, with different technology and throughput configurations. This evaluation will include flow and functionality of the compost facility location, methods of composting, and related site needs.

The conceptual design will also consider improvements to existing processing equipment, adding new equipment, laying out an aerated static pile system, considering the need for contaminant removal and management, etc. The re-designed compost facility will also require new and expanded permits. These are discussed in the tasks below.

Task 2: Heavy Equipment and Site Electrification Needs
Most compost facilities require substantial feedstock size reduction capability. Typically, this is in the form of a wood grinder. The City currently uses a 2008 model DiamondZ DZH5000 diesel powered horizontal wood grinder. Local and state air board regulations make permitting large (1,000 HP) grinders considerably challenging and operating hours uncertain. Switching to electric will allow the City certainty in future operations. Numerous facilities (both public and private) have already made the switch from diesel to electric grinders. All report long lag times from the time notifying the local power company to actually having service extended.

The following is needed:

Task 2.1: A list of equipment needed for this site and a summary of costs Task 2.2: Notifying Turlock Irrigation District with the electrical needs (consultant to calculate the voltage needed to switch the site to electrical) Task 3: Staffing
Given the facility expansion proposed in Task 1, equipment needs proposed in Task 2, and ongoing need for growth and maintenance, provide additional staffing recommendations Task 4: Regulatory Permit Revisions
Evaluate the below regulatory agencies and required permits to determine what action the City must take in order to maintain compliance with proposed changes and expansions. Current permitting is described below, however Contractor may need to identify additional regulatory actions to successfully implement the proposed facility changes in previous tasks.

1. Cal Recycle. The compost facility has an existing Solid Waste Facility Permit, a Report of Composting Site Information, and Odor Impact Minimization Plan. These three documents serve as the operating plan for the compost facility. However, these documents will need to be updated/revised to include all of the improvements listed above.

2. Central Valley Regional Water Quality Control Board. Although the compost facility is permitted to operate under the Compost General Order, they have received written Notices of Violations for degradation and ponding on the working surfaces. Under the requirements of the General Order, any modifications to the existing operation (including working surfaces and water runoff collections) would have to be approved by CVRWQCB. #1..
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3. San Joaquin Valley Air Pollution Control District. To date the Modesto Facility has had permits to Operate/Authority to Construct from the SJVAPCD. However, it is likely that increases in throughput and additional food waste would trigger the need for VOC reductions, possible offset credits, and implementation of air quality BMPs. Rule 4566 has various mitigation thresholds and there may be significant cost savings in staying under100,000 tons per year.

4. CEQA. A Revised Solid Waste Facility Permit may or may not trigger additional CEQA analysis above what was done in 1995. However, this scope assumes additional CEQA analysis may be required, however, it is assumed the Contractor would provide technical assistance to a local City-sponsored CEQA consultant (or in house CEQA capability).

CEQA review and can be added once a better understanding of CEQA requirements is known.

Task 5: Compost System Vendor
There are currently three major manufacturers offering high performing aerated static pile (ASP) composting. Because of the likely increase in tonnage and the requirements from the SJVAPCD, the City will be looking to switch the current compost system from windrows to ASP. The Contractor can provide support during this process and has no contractual relationships with any of these vendors. The Contractor will support the City is evaluating the three likely vendors and make a recommendation for a final vendor selection. The Contractor shall support the City during the bidding process.

Task 6: New Sources of revenues
With the above proposed study, the Contractor will assist the City in calculating new sources of revenues to help offset the cost associated with the phase II; site operations and improvement project.

The successful quotes shall furnish all labor, materials, travel or courier expense, test results, equipment, and insurance necessary to perform the services outlined in this request.

QUOTE REQUIREMENTS
Quotes must include the following components to be considered:

1. Cover Letter
a. Introduce firm, project manager and essential staff, any sub-contractors or consultants; no more than two (2) pages.

2. Firm and Team Experience
a. Include recent experience (within the past five [5] years) working on similar projects; no more than three (3) pages.

3. Project Schedule- Scope of Work and Costs by Task
a. Proposed schedule and estimated time to complete each component #1..
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b. Costs must be itemized by task, time, staffing, materials, and include total based on a one (1) year contract.
c. Quote must be clear, concise, and respond to all requirements set forth in this request— please note any tasks your firm cannot complete in their entirety. This is NOT grounds for the proposal to be rejected.

INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees, or subcontractors. With respect to General Liability, Errors & Omissions, Contractors Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after contract completion.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: If the Contractor or the Contractor's officers, employees, agents, representatives or subcontractors utilize a motor vehicle in performing any of the work or services under the Agreement Insurance Services Office Form Number CA 0001 covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
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4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance or if a company issuing such policy shall be unsatisfactory to the City, the Contractor shall promptly obtain a new policy, submit the same to Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Contractor to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended, or terminated. Failure of the Contractor to obtain and/or maintain any required insurance shall not relieve the Contractor from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Contractor concerning indemnification. The City, it’s agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Contractor for the City.

The Contractor's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A: VII or with approval of the Risk Manager.

For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

Contractor shall either require any subcontractor to procure and to maintain during the term of the subcontract all insurance in the amounts specified above, or shall insure the activities of subcontractors in the policy specified above. The limits of liability required may vary, depending on the type of permit or contract.

The successful bidder shall maintain proper insurance with the City for the duration of the contract.

AWARD OF AGREEMENT
If the City determines to award the agreement, a Professional Services Agreement shall be sent to the successful consultant for the consultant’s signature. No proposal shall be binding upon the City until after duly authorized representatives of both the consultant and the City have signed the agreement. The City reserves the right to reject any or all proposals, and to waive any irregularity. The consultant will be required to submit insurance verification and a copy of a City of Modesto Business License as noted in the standard contract prior to the execution of the contract.
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Exhibit B
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AUGUST 20, 2022
Teaming with
Integrated Waste Management Consultants, LLC

PROPOSAL
Compost Facility
Feasibility Study
City of Modesto
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CONTENTS
1 Cover Letter 3
2 Firm and Team Experience 4
3 Schedule, Scope of Work, and
Costs by Task 8
A Appendix A. Resumes 17
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1. Cover Letter
hdrinc.com
2379 Gateway Oaks Drive, Suite 200, Sacramento, CA 95833-4240 T 916.679.8700
August 20, 2022
Rosene Salmo, Integrated Waste Program Manager
City of Modesto, Solid Waste Division
P.O. Box 642
Modesto, CA 95353
Electronically submitted via email: [email protected] and [email protected] RE: Proposal – City of Modesto Compost Facility Feasibility Study Dear Ms. Salmo,
HDR has a long history working with owners of compost facilities evaluate the performance of their facility, explore various technology options, seek and secure permits, improve operations, and a variety of related planning efforts. We really appreciate the opportunity to support the City with the Compost Facility Feasibility Study services.

The intention of the effort is to thoroughly evaluate the potential expansion of the facility to meet increased food waste composting needs pursuant to SB 1383. This will include the exploration of new technologies, equipment, staffing, permits needed, engaging prospective equipment vendors, etc., all needed to and to identify the repairs, operational changes, and physical upgrades necessary for the facility to best achieve the City’s future needs.

We have taken the liberty to add some tasks that were not listed directly in the RFP. These include project management, preparation of a capital cost estimate, and a summary report. Knowing the importance of the feedstock and its influence on the facility design, cost, and permits, we have separated this task and placed before the site design task. However, also knowing the importance of budget, if our proposal, with these added tasks, exceeds your expectations, we are open to trimming our scope/budget to a level that meets your needs and expectations.

We hope that this scope and associated budget fully reflect the City’s expectations and will achieve them within an agreeable time frame. Our local and national team members and our subconsultant Matt Cotton of Integrated Waste Management Consulting, LLC (IWMC), have collaborated on previous similar projects, as noted in our qualifications, and they are prepared to perform this work.

We reviewed the sample agreement provided to us and have a few revisions that we would like to discuss if we are the selected firm.

If you have any questions about the proposal, please contact me anytime to discuss.

Sincerely,
HDR Engineering, Inc.

Tim Raibley, PE Holly Kennedy
Vice President Northern California Area
Operations Manager
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2. Firm and Team
Experience
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5 City of Modesto – Compost Facility Feasibility Study | Section 2. | Firm and Team Experience Seattle, WA – HDR, in collaboration with Matt Cotton of IWMC, assisted King County, Washington, in exploring the viability of implementing an on-island organics (food waste, green waste, brush, woody waste) composting facility
(Facility) on Vashon Island in lieu of the current practice of hauling these materials off-island. Currently all solid wastes are barged off-island to Seattle and then hauled to the King County Landfill. Similarly, yard wastes are collected and barged to Seattle, then driven to Cedar Grove Compost
Facility. These conditions result in cost of $150 per ton and $250 per ton for solid waste/landfilling and yard waste/ composting respectively.

Our study worked interactively with Zero Waste Vashon;
a non-profit community group interested in developing an on-island compost facility. We developed an estimate of the quantity of food waste based on both population estimates and a detailed review of the commercial/industrial food waste generators on island using industry codes and input provided by ZWV. The data revealed approximately 6,000
tons of material could be composted on-island at a lower cost than the current practice of hauling off-island.

The study evaluated several types of compost technologies in the Phase 1 report, and concluded there were two
appropriate options for systems for the range of food waste likely to be received at the facility:
• A pipe-on-grade (also referred to as POG) positive air pressure static pile composting system, and;
• A reversing aerated static pile (ASP) system with an infloor aeration channel and a biofilter to capture and treat foul air.

An important note about this range of food waste is that King County (County) has historically collected relatively small quantities of brush/green waste at the Vashon
Recycling & Transfer Station (VRTS). While the tons
collected is increasing from year to year, it is assumed that the relatively high tip fee charged at the facility is a barrier to maximizing brush/green waste collection. One of the key findings of the study was the need to attract an adequate quantity of brush/green waste such that the quantity of food waste is manageable within these ranges. We concluded
the implementation of an on-island compost facility would be financially attractive and environmentally less impactful than the current waste management practices.

VASHON ISLAND COMPOST FACILITY FEASIBILITY STUDY
CLIENT
King County
DATE
2020 – Present

CLIENT CONTACT
Morgan John
Project Manager
201 South Jackson Street
Suite 701
Seattle WA 98104
206.477.4624
[email protected]

RELEVANCE TO MODESTO
• Food waste estimation
• Compost technologies evaluation
• Financial evaluation
• Sizing and staffing
• Conceptual site design
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6 City of Modesto – Compost Facility Feasibility Study | Section 2. | Firm and Team Experience Los Angeles, CA – HDR was retained by the City of
Los Angeles to evaluate the viability of constructing the largest possible composting facility accepting food waste at the Lopez Canyon Landfill. In advance of the City’s goals to be in compliance with state mandated food waste diversion mandate, this study explored possible ways the Lopez
Canyon facility could serve this purpose. The study explored a variety of compost technologies including turned windrow, in-vessel composting, aerated static plie, drum, agitated bay and a variety of possible aeration technologies. The study concluded that due to the facility being located on a Title V landfill and within the South Coast Air Quality Management District, the Lowest Achievable Environmental Review
(LAER) would be imposed on the site in terms of emissions.

As a part of a risk assessment effort, the study concluded such a system could be constructed using an aerated
static pile system. The City is exploring their alternatives before committing to the robust permitting required at this site. This includes beginning to engage the neighboring communities in the region of the facility to garner input and hopefully support.

FEASIBILITY STUDY AND PRELIMINARY DESIGN

OF COMPOST FACILITY AT LOPEZ CANYON

ENVIRONMENTAL CENTER
CLIENT
City of Los Angeles, Sanitation & Environment
DATE
2019 – 2021

CLIENT CONTACT
Miguel Zermeno
Alternative Technologies Project Manager, Solid
Resources Support Services Division, Bureau of Sanitation 1149 S. Broadway Street, 5th Floor
Los Angeles, CA 90015-2213
213.485.3677
[email protected]

RELEVANCE TO MODESTO
• Food waste composting
• Conceptual site design
• Facility sizing and staffing
• Technology analysis
• Permitting process overview
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7 City of Modesto – Compost Facility Feasibility Study | Section 2. | Firm and Team Experience Phoenix, AZ – HDR was initially retained to evaluate
the technical and financial viability of developing a
compost facility to serve the city’s yard and food wastes.

We explored various compost treatment methods to
accommodate increasingly putrescible feedstock materials, as well as address other variables that are relevant to the analysis of the facility. At that time the City expected the expanded yard/food waste program to require the facility to process 90,000 tons per year. As a part of this work, HDR also prepared an interim facility design plan to relocate the current chip/grind operations to allow the current area to be developed into the future compost facility. HDR also assisted in the coordination of permits required for the facility which for this location.

The HDR team including Matt Cotton of IWMC was
subsequently retained to perform a condition assessment of the 27th Ave Compost facility, which was designed and constructed by a compost technology provider. The facility had been constructed several years prior to serve the
city’s yard and food waste composting facility. The facility was construed to receive/process up to 55,000 tons per
year. However, relatively soon after operations began, the facility operator reported challenges with the facility, its aeration system, capacity to process the rated throughput of materials, drainage, issues, etc. We are performing an analysis of the facility, its mechanical, structural, electrical and civil features including its aeration system, logic controller, drainage/water management system, facility
operations and overall assessment of the condition of the facility with the overarching goal to identify facility repairs, operational changes and estimated capital costs to prepare the Facility to be capable of meeting the City’s future needs.

COMPOST FACILITY PLANNING, DESIGN AND

ECONOMIC STUDY AND CONDITION ASSESSMENT
CLIENT
City of Phoenix
DATE
2017 – Planning Study
2022 – Condition Assessment

CLIENT CONTACT
Jessica Yates
Project Manager
City of Phoenix
SW Diversion and Dispozal
200 W. Washington 7th Floor
Phoenix, AZ 85003
602.495.5884
[email protected]

RELEVANCE TO MODESTO
• Feasibility study of food waste composting
• Exploration of compost/aeration technologies
• Staffing and sizing
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3. Schedule, Scope
of Work, and
Costs by Task
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9 City of Modesto – Compost Facility Feasibility Study | Section 3. | Schedule, Scope of Work, and Costs by Task Collaboration to Achieve Compliance with SB 1383 Food Waste Diversion Goals Approach
We offer the scope below tailored to the City’s interests of exploring the viability of an improved and expanded compost facility to help the City achieve SB 1383’s mandated food waste diversion goals. Our approach offers an interactive process that walks the City through key considerations to accomplish this goal. To do this in a cost-effective manner, HDR has streamlined our assessment to focus more heavily on items that will need additional consideration. This is further discussed in our outlined tasks below. Each task starts with a meeting focusing on the required key decisions needed to proceed. During this time, we expect to meet virtually or by phone frequently to make assignments, report on progress, and move the project steadily toward a fruitful conclusion. We have found this highly communicativeinteractive process will enable the city to have a deeper understanding of the process and to make slight refinements early in the process. In the end, this process enables our clients to gain the highest value from our analysis and planning work.

Scope of Work
Task 1. Project Management
HDR will initiate the project by facilitating a virtual kickoff meeting to reaffirm key expectations of City staff and discuss the project approach, assumptions, milestones, and overall purpose of the study. To perform the work within the allocated budget, HDR will be keenly focused on meeting your primary requirements and minimizing allocating resources to less priority items.

Beyond the kick-off meeting, this project requires a relatively high level of ongoing interaction, particularly at the beginning of the study. As described in our approach above and the various tasks below, the City will need to make many decisions that will affect the outcome of the study, and we recommend bi-weekly meetings for the duration of the project. Frequent meetings will enable an open discussion about each of the key topics (e.g., feedstock source, collection method, compost technology, etc. is needed to focus the study within the budget and time constraints.

TASK 1 DELIVERABLES
• Participate in Project Kick-off Meeting
• Participate in Bi-Weekly Project Progress Check-ins
Task 2. Clarification of Feedstock Quantities and Quality We understand the City desires to explore an array of possible site configurations to select a preferred arrangement that will include a mechanically forced aeration-type compost system. Before exploring the sizing and related site requirements of such a system, we anticipate beginning this task by confirming future feedstock types and quantities, and estimated quality (specifically, the level of contaminants). We understand the City is in the process of submitting SB 1383 capacity reporting documentation as required to comply with state regulations. We anticipate using this information as a base document, and the latest CalRecycle waste characterization as an estimated breakdown of the organic material types, unless the City has better data from a recent waste sort. This task does not include a new, waste characterization study.

We also understand the private waste hauler’s (Gilton) role in providing the feedstock to the facility and are aware of the types of changes that may become necessary as this relationship evolves though the SB 1383 collection/monitoring and reporting process.

We will evaluate the expected quantity of waste (particularly food waste and food soiled paper) based on the SB 1383 capacity report submitted to CalRecycle. Depending on the range of anticipated food waste, we will offer Collaboration to Achieve Compliance with SB 1383 Food Waste Diversion Goals #1..
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10 City of Modesto – Compost Facility Feasibility Study | Section 3. | Schedule, Scope of Work, and Costs by Task Collaboration to Achieve Compliance with SB 1383 Food Waste Diversion Goals a possible range of different levels of food waste
quantities that may be more appropriate for
planning purposes. Although the City estimates the
future throughput capacity will likely double from
the current rate at full implementation of SB 1383,
designing to this level may not be the most practical
approach in the assessment of expanding the
composting facility. The reason for these alternate
ranges of throughput capacity is that we have seen
(and anticipate) significant differences between
CalRecycle estimates of what is potentially available
and what actually arrives at the facility gate.

Compliance with SB 1383 will require a significant
change in generator behavior, a change that
may take significantly more time than was
anticipated in the legislation. This situation is
potentially heightened because of the hauler’s
role in collecting and pre-processing the material
before it is shipped to the City’s facility. Without
this step as consideration, we would be concerned
about the City oversizing the facility and potentially
encountering financial hardship if/when those
higher quantities are not realized. Some of the
unintended consequences of pursuing potentially
unrealized quantities includes the purchase of
Emission Reduction Credits (ERCs) (discussed
in more depth in the Permitting task below),
complying with Land Use/CEQA requirements for
issues such as traffic, odor control, and various
other design and permitting considerations that
are directly impacted when pursuing tonnage
increases. Therefore, it is critical to have a realistic understanding of the quantities and types of
acceptable compostable, organic materials to be
received at the facility to accurately proceed with a
useful facility sizing analysis and subsequent cost
estimating efforts.

Task 3. Preliminary Conceptual Site
Design
With the feedstock quantities clarified, we
will prepare up to three, concept-level site
configurations of how the expanded facility could
be arranged. It is assumed that the throughput for
the entire facility will fall within the range of 50,000 to 100,000 tons per year (TPY), this includes the
existing 50,000 tons of green material currently
processed at the facility. Although there are several
different compost technology vendors that will be
assessed during Task 8, at this point in the project
the goal is to gain a better understanding of site
functionality at the higher throughput.

It is assumed that for, at a minimum, the expanded
composting areas of the facility will be required to
be an aerated static pile (ASP) composting system
to comply with the San Joaquin Valley Air Pollution
Control District (SJVAPCD) Best Available Control
Technology (BACT) requirements.

The two different types of ASP systems that will
make an impact at this level of design are if the ASP
system is mobile, pipe-on-grade or constructed
within a concrete pad. There is also a significant
capital cost difference between these options.

There may be an opportunity for the existing
facility to continue windrow composting, but this
will be further identified in Task 7. At this point
in the project, we assume the potential options
for the facility expansion to be the following main
categories with slight variations (such as phasing as
described below). Through our discussions with the
City, we will identify the top three to be included in
the concept-level design plans:
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11 City of Modesto – Compost Facility Feasibility Study | Section 3. | Schedule, Scope of Work, and Costs by Task Collaboration to Achieve Compliance with SB 1383 Food Waste Diversion Goals

POTENTIAL FACILITY EXPANSION OPTIONS
1 50,000 TPY windrow green waste composting
with up to 50,000 TPY ASP mobile mixed organic
waste composting
2 50,000 TPY windrow green waste composting
with up to 50,000 TPY ASP permanent mixed
organic waste composting
3 Up to 100,000 TPY mobile ASP mixed organic
waste composting
4 Up to 100,000 TPY permanent ASP mixed
organic waste composting
5 Concept-level plan of an in-vessel aerobic
composting system (typically only used for
smaller tonnages)
HDR will prepare these drawings to include key
features such as perimeter boundaries, driveways
and access points, truck scales, material receiving
and processing areas, and operational activities
and structures. Equipment areas will be called
out, such as grinding and screening operations,
but equipment will not include specifications
at this point in the project. These site plans are
assumed to not require the seal nor signature of
a licensed Professional Engineer, and will only be
used for planning purposes (i.e., not to be used for
construction). If existing topographical information
exists, then this will be incorporated but no new
surveys are included in this task.

The conceptual design will consider the benefits of
phasing. We expect this to be an important aspect
of managing the different throughput quantities
discussed above. Phasing can benefit the City by
having a plan to build only what is necessary and to
avoid over-building the facility until the conditions
are such that the next phase should be developed.

Having a permit that entitles the entire facility
paired with a phasing implementation plan enables
the City to spend only the funds necessary for
each phase.

We will present our concepts to the City in a
workshop type virtual meeting where we will
discuss the concept, the basis of key decisions, its
functional considerations (operations), features,
etc. Based on the City’s input we will refine and
finalize the preferred concept for use in subsequent
tasks below.

TASK 3 DELIVERABLES
• Three draft concept plans in PDF
• One final preferred concept plan in PDF
Task 4. Planning level Capital Cost
Estimate
Although not specifically stated in the list of
scope items, we believe the City is going to need a
planning level capital cost estimate for its planning
efforts. We have included this task but understand
if the City feels it is not necessary. Using the
preferred conceptual site plan as the basis of the
estimate, we will develop a preliminary, planning
level capital cost estimate of the new/expanded
facility. The estimate will include a materials
breakdown of improvements with relevant unit
costs based on our experience of recent project
capital projects. At this point, we won’t have had
input from the vendors (later task) could delay
this task until later in the project if the City prefers their input.

TASK 4 DELIVERABLES
• Draft and final planning level capital
cost estimate
Task 5. Heavy Equipment and Site
Electrification Needs
We understand the City’s existing grinder and the
type of emissions the diesel grinder emits. Even
though this is a useful tool for the current facility,
the air permitting requirements for an expansion
of this size are likely to require a reevaluation of
this piece of equipment, particularly if the facility
triggers Title V requirements. Also, with the added
food waste that will be arriving in the future, its
possible additional equipment could be needed
for contamination removal, screening or other
functions, upstream of the compost process or at
the finished product phase of system.

We will evaluate the equipment needed, both
existing and future, and offer recommendations
for the City to consider in terms of which pieces of
equipment should be electric. Our analysis will offer
a rationale of electrification of equipment in terms
of the added benefit of the permitting process the
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12 City of Modesto – Compost Facility Feasibility Study | Section 3. | Schedule, Scope of Work, and Costs by Task Collaboration to Achieve Compliance with SB 1383 Food Waste Diversion Goals city will need to employ, and planning level cost
estimates for each piece of equipment.

As a part of this work, we will contact the
Turlock Irrigation District to understand what
levels of power can be provided to the site. Our
recommendations will include consideration of
their inputs and recommendations. Depending on
the available site information and discussions with
the Turlock Irrigation District, HDR will prepare a
planning level cost estimate for the improvements
outlined by the District.

TASK 5 DELIVERABLES
• Technical Memo addressing recommendations
and costs for heavy equipment
and electrification
Task 6. Staffing
We will offer a recommendation of the future
facility staffing needed to operate. Depending
on the City’s preference of the throughput
quantities, we may suggest a staffing plan for
certain milestones (phases) of throughput such
that the staffing plan is timed to the throughput
rates for expansion discussed in Task 1 above.

No deliverables are expected for this task but
will include the conclusions in the summary
report below.

Task 7. Regulatory Permit Revisions
We will evaluate the current permit status and
likely future permits for each of the key regulatory
agencies (CalRecycle, Water Board and Air
District). We regularly work with each of these
regulatory agencies on other composting facilities
and are aware of their influence over the project
development process. We offer an approach that
begins with a review of the current permits for each
of the agencies, and identifies what likely future
permit status or steps are likely to be required.

Land Use / CEQA
The increased throughput and change in acceptable
feedstocks (food waste) will most likely trigger
the requirement for a new CEQA initial study
and at least, a modification to the existing land
use permit. Depending on the existing CEQA
document, its age and comprehensive nature, the
pathway forward could be as simple as a CEQA
addendum. Depending on the defined scope of this
project, it may require a full Environmental Impact
Report (EIR). These are typically required for new
projects, or projects with significant changes and
environmental impacts. The “middle ground” is
the pathway for a Mitigated Negative Declaration
(MND) which is the common CEQA-clearance
document for these types of projects, and have a
shorter timeline and less intensive process than a
full EIR.

If a CUP is needed, we will work closely with the
Planning Department staff to discuss the project,
its intent and, to the extent appropriate, use of
the Statewide Programmatic EIR (which was
co-authored by Matt Cotton) for composting as
a way of simplifying the CEQA effort/time. We
understand the nuance of the benefits/limitation
of each CEQA pathway, and will navigate this topic
with utmost sensitivity for the City’s benefit. Prior
to discussions with the Planning Department,
we will review the existing CEQA and land use
documents, as well as verify the project’s zoning
code and General Plan conformance.

Solid Waste Facility Permit (SWFP)
Since there is an existing SWFP with a complete
Report of Composting Site Information (RCSI)
and Odor Impact Minimization Plan (OIMP),
even though the facility will be going through
major changes, it may still be considered a permit
revision. The permit revision process has the same
lead time as a new SWFP, but the main difference
is that the process is typically more straightforward
since some project aspects have been previously
reviewed, and CalRecycle is familiar with the
project. Of all the permits required for this
expansion, this permit will be the easiest to obtain.

We always recommend to coordinate with the
permitting authority early on, and for this project,
it may be useful to submit the SWFP application
in draft form for review while the CEQA process is
underway. For this task, we will clearly outline the
recommended steps and timeline for each step.

Due to the straightforward nature of this permit
revision, we will spend the least amount of time
assessing this need so we may allocate resources to
working with other permitting agencies.

CalRecycle

SVRWQCB
SJAPCD
CEQA Successful
Permitting
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13 City of Modesto – Compost Facility Feasibility Study | Section 3. | Schedule, Scope of Work, and Costs by Task Collaboration to Achieve Compliance with SB 1383 Food Waste Diversion Goals Air Permits
Although Rule 4566 does outline several mitigation
thresholds that may result in significant cost savings
staying under 100,000 TPY, these are not applicable
to the City’s expansion project. These mitigation
measures are limited to certain, grandfathered
operations, as such the existing 50,000 TPY green
waste composting operation (pending current permit
review). All new composting projects are subject to
New Source Review, and must comply with BACT
which no longer allows most facilities in the SJVAPCD
to utilize windrow composting. At a minimum,
composting technologies must result in an 80-percent
reduction in Volatile Organic Compounds (VOCs).

Facilities in this region are demonstrating as high as
90- to 95-percent VOC reduction, but SJVAPCD, to
date, has not re-established the BACT threshold. ASP
composting systems are considered BACT and may
be used to meet this requirement.

The second major threshold for composting large
quantity projects is triggering the Title V permit,
which subjects the facility to additional federal
reporting and monitoring requirements. The WWTP
is a Title V permitted facility and the compost facility is located on the WWTP site. If the City were to
continue the practice of having uncontrolled emissions
at the higher range of throughput (at or above
100,000 tons per year), it is possible the SJAPCD
could elect to classify the facility as a Title V facility.

If so, as a Title V facility, the project could be required to purchase surplus ERCs which are currently on the
market for several tens of thousands of dollars. Aside
from the cost, surplus ERCs are continually identified
as significant hurdles for a project to overcome due
to their limited availability and therefore difficultly to secure.

We will work closely with the City to explore
benefiting from removing the current emissions
profiles from the current composting facility and
upgrading to an improved/reduced emission profile,
albeit increased quantity of the expanded facility. This effort will require meeting with SJVAPCD staff and
engaging in discussion about the air quality related
aspects of the current versus the future systems. One
of the key reasons for our cautioning the City about
the throughput range in Task 1 above, is related to the surplus ERCs likely needed for the facility. All ERCs
have to be purchased before the facility is permitted
to start construction. Since ERCs can accrue to
significant quantities of money, purchasing them
for material quantities that may not materialize can
happen and put a hold on project development. Our
advice will be to navigate this topic carefully and with an understanding of financial/regulatory cooperation
to build/permit only what is necessary at the time
its necessary.

Waste Discharge Requirement (WDR) Permit
(General Order)
We will engage the Central Valley Regional Water
Quality Control Board (CVRWQCB) to discuss the
current and future Technical Report modifications.

Given the CVRWQCB’s adoption of the General
Order for compost facilities, we expect the
expanded facility will require lined ponds, hard
(paved or concrete) surfaces for composting, etc.

Technical Report modifications are usually pretty
straightforward, unless the project has a unique
drainage situation, or is proposing an engineered
alternative in lieu of one of the design requirements.

For the purpose of this feasibility assessment, we
are assuming the project will be similar to most
compost facilities and comply with the General
Order design requirements. Although Notices of
Violation have been received for degradation and
ponding on the working surfaces, these are design
repairs and do not necessarily imply that the facility
needs to propose alternative solutions. To date, we
are not familiar with any facility who has received
an approved alternative solution to the General
Order which is why this pathway is most likely
infeasible and not worth exploring.

Our plan is to review the existing CVRWAC
documentation to identify areas of deficiencies
between the current permit status, existing site
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14 City of Modesto – Compost Facility Feasibility Study | Section 3. | Schedule, Scope of Work, and Costs by Task Collaboration to Achieve Compliance with SB 1383 Food Waste Diversion Goals conditions, and General Order, and coordinate
with the CVRWQCB to obtain some level of
concurrence that the identified pathway forward
in design, repairs, and/or modifications align with
the requirements of the General Order. CVRWQCB
typically do not make any determinations until
a Technical Report is received, reviewed, and
approved (or denied), however, we believe
this in-depth discussion with CVRWQCB will
provide enough insight to move forward in one
particular pathway.

We will summarize our finding of the permit
status and regulatory requirements in a draft
Technical Memorandum for the City’s review and
consideration. We anticipate facilitating a virtual
meeting to discuss our findings and engage the City
in a conversation that concludes with an approach
that is amenable to the City.

TASK 7 DELIVERABLES
• Technical Memo addressing the anticipated
permit, process, and timing
Task 8. Compost System Vendor
Engagement
We will work with the City to engage the major
ASP system manufacturers. We understand why
the City believes the increase in tonnage and the
requirements from SJVAPCD are likely to require
the City to switch from the current windrow
compost system to ASP technology. We will engage
the manufacturers to offer their support during
this process yet retain a level of autonomy so
that the City is free to engage the manufacturers
when appropriate.

The main task at hand is to identify each vendor’s
interest in supporting this project. HDR will prepare
a one-page project description to go alongside
the concept-level design plan prepared in Task 3.

It is assumed the City will handle the preparation
of the full Request for Proposals (RFPs)/Request
for Information (RFI), with HDR support to review
all RFP/RFI documents and vendor submittals.

HDR will assist the City in creating scoring criteria
for the vendors, but ultimately it will be the City’s
responsibility to rank the vendors based on agreed
upon scoring criteria.

TASK 8 DELIVERABLES
• One-page project description
Task 9. New Sources of revenues
There are three major compost product
certifications that impact the value of the product:

Organic Materials Review Institute (OMRI), U.S.

Composting Council Seal of Testing Assurance
(STA), and California Department of Food and
Agriculture (CDFA) organic certification. HDR
will summarize the process for each of these
certifications, and the impact they have on the
value of the compost product compared to noncertified compost products.

TASK 9 DELIVERABLES
• No deliverables are expected for this task but
will include the conclusions in the summary
report below.

Task 10. Summary Report or
presentation
Each of the TMs described above will be compiled
into a report summarizing the results of the study.

Each TM will be incorporated into the summary
report either as a as a chapter or section. The
report will include an executive summary that
provides a concise overview of the findings and
conclusions. We will transmit the draft report to
the city for review and comment. Following receipt
of the City’s comments, we will incorporate inputs
and finalize the report. As an alternative, we
could prepare an information dense presentation
(typically using PowerPoint) that could be used for
presentation to the elected officials or public. We
have found some clients prefer this approach over a
written summary report.

TASK 10 DELIVERABLES
• Draft Summary Report or Presentation
• Final Summary Report or Presentation
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15 City of Modesto – Compost Facility Feasibility Study | Section 3. | Schedule, Scope of Work, and Costs by Task Schedule
Schedule
ID Task Name Duration Start
1 Project Management 261 days Mon 10/3/22
2 Clarification of Feedstock 40 days Mon 10/3/22
3 Conceptual Site Design 60 days Mon 12/12/22
4 Cost Estimate 15 days Mon 3/6/23
5 Eletrification Evaluation 15 days Mon 12/26/22
6 Staffing 10 days Mon 3/20/23
7 Regulatory Permit Assessment 80 days Mon 12/26/22
8 Vendor Engagement 80 days Mon 11/28/22
9 New Source of Revenues 15 days Mon 3/27/23
10 Summary Report 40 days Mon 5/15/23
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct
Q4 Q1 Q2 Q3 Q4
CI T Y

O F

M O D E S T O

C O M P O S T

F E A SI BI L I T Y

S T U D Y

S C H E D U L E

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16 City of Modesto – Compost Facility Feasibility Study | Section 3. | Schedule, Scope of Work, and Costs by Task Fee Estimate, Rate Schedule, and Hours by Task
Fee Estimate, Rate Schedule, and Hours by Task
Costs and Hours by Task

TA S K D E S C R I P T I O N HDR HOURS SUB HOURS ESTIMATED COST 1 Project Management 30.00 4.00 5,213.34
2 Clarification of Feedstock 16.00 16.00 4,725.58
3 Conceptual Site Design 138.00 8.00 28,936.28
4 Cost Estimate 30.00 2.00 7,959.33
5 Eletrification Evaluation 46.00 - 12,788.60
6 Staffing 10.00 4.00 3,463.67
7 Regulatory Permit Assessment 36.00 16.00 12,416.14
8 Vendor Engagement 22.00 4.00 6,766.59
9 New Source of Revenues 10.00 - 2,583.67
10 Summary Report 46.00 8.00 12,201.00
Total 384.00 62.00 97,054.19
Estimated Staff Hours by Task
H D R

CLASSIFICATIONS

P R O J E C T

M A N A G E M E N T

C L A R I F I C AT I O N

O F F E E D S T O C K

C O N C E P T U A L

SITE DESIGN

C O S T

E S T I M AT E

E L E C T R I F I C AT I O N

EVALUATION

S TA F F I N G

R E G U L AT O R Y

P E R M I T

A S S E S S M E N T

V E N D O R

E N G A G E M E N T

N E W S O U R C E

OF REVENUES

S U M M A R Y
REPORT
Project Manager 10 6 12 6 4 8 32 16 8 24
Tech and QC 4 14 4 2 2 4 6 2 6
Engineer 6 52 20 16
CAD 60
Engineer VI 40
Project Accountant 12
Project Coordinator 8
Subs 4 16 8 2 4 16 4 - 8
TOTAL 3 0 2 0 1 5 4 3 8 4 8 1 4 5 2 2 6 1 0 5 4
Staff Billing Rate Ranges

EMPLOYEE TYPE MINIMUM MAXIMUM
Project Manager $ 226.00 $ 250.00
Tech and QC $ 340.00 $ 380.00
Engineer $ 160.00 $ 180.00
CAD $ 130.00 $ 150.00
Engineer VI $ 255.00 $ 285.00
Project Accountant $ 120.00 $ 140.00
Project Coordinator $ 125.00 $ 150.00
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Appendix A.

Resumes
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18 City of Modesto – Compost Facility Feasibility Study | Section Appendix A. | Resumes Together we make great things possible
Andrea Ramirez,

PE, ENV SP (CA, AZ)
HDR | Technical Staff
Andrea is a solid waste
engineer with 15 years of
experience working with
clients to manage waste
as a resource and evaluate the potential climate
impacts of waste management strategies. She
supports clients on a variety of planning and design
projects for both waste disposal and waste diversion
programs. Andrea has performed feasibility studies,
site evaluations, conceptual site designs, and master
planning for an assortment of waste management
and diversion facilities, including composting
facilities, transfer stations, resource recovery
parks, anaerobic digesters and other alternative
energy facilities. She also performs evaluations of
economic and environmental impacts for waste
management programs, such as greenhouse gas
emissions for different waste diversion practices,
waste diversion studies, creation of zero waste
management plans, and recycling economic
analyses. Andrea will provide engineering support
to Cindy in assessing the City’s composting options.

She has worked closely with this team on numerous
projects, collaborating for a variety of clients around the world.

Doug
DeCesare, PE
(CO, WY, NB, IA, VA)
HDR | Principal-inCharge
Doug is HDR’s
Global Solid Waste Services Director
providing technical leadership and resource
allocation. He is well-versed in solid waste and
environmental projects that include transfer
station permitting, MSW and construction
and demolition (C&D) landfill permitting and
design, leachate collection system design and
treatment, MSW and C&D landfill closure
design, MSW leachate recirculation system
design, MSW landfill gas collection system
design, storm water management design,
construction administration, and construction
quality assurance. For nearly 25 years, Doug
has been involved in all aspects of landfills
from operations, permitting, design, and
construction and understands how the design
can impact operations and construction. Doug
will provide high-level oversight and confirm
appropriate HDR resources are dedicated to
the feasibility study.

Matthew
Cotton (CA)
Integrated Waste
Management
| Operations
Evaluation
One of the most experienced compost
consultants in the State of California today,
Matt is an excellent communicator, familiar
with all air districts and many composting
facility operators. He brings more than 30
years of experience in solid waste management
planning, permitting, environmental, and
regulatory compliance, and composting.

Founder of Integrated Waste Management
Consulting, LLC, (IWMC), Matt has provided
independent technical consulting services to
public and private clients for over twenty-five
years. Matthew has worked on a number of
important statewide studies for CalRecycle.

Matthew has also worked closely with
commercial composters and Air Districts
during the development of compost air
emissions rules. Matthew will conduct
an operations evaluation of the City’s
composting facility.

Tim Raibley,

PE (CA, WA)
HDR | QA/QC,
Technical Advisor
Tim brings more
than 32 years of
environmental
and civil engineering experience, including
extensive solid waste management systems
of a wide variety of elements, such as mixed
materials and single stream recycling,
organic/composting, anaerobic digesters,
solid waste transfer, emerging conversion
technologies, and conventional waste-toenergy facilities. He has conducted numerous food waste related projects ranging from
compost to anaerobic digestion for clients
including Humboldt County, University of
California Davis, San Jose, King County,
Phoenix, Quebec, City of Surrey, Western
Placer, Oregon Metro, Delta Diablo Waste
Water District and New York City. Tim
provide quality assurance oversight and will
technical support to the team in evaluating
and identifying the City’s options for organic
waste improvements.

Cindy Liles, QISP, CAPP (CA)
HDR | Project Manager
Cindy has eight years of experience working with the solid waste, recycling, and organics industry. She started off her career implementing organics separation and compost workshops at her University and has since worked on over 175 waste projects. In California, she has worked with over 75 different waste-related facilities.

This includes work on the design, permitting, development, and/or environmental compliance of over a dozen organic waste processing facilities and several feasibility studies for both the public and private sectors. Cindy specializes in CEQA/land, air, solid waste, and water permitting and has performed work throughout California.

She also helped secure several grants amounting to over $10 million for compost infrastructure and research, and over $10 million for renewable energy projects.

Cindy will serve as the City’s main point of contact and lead the HDR team in evaluating options to cost-effectively update your existing compost facility to achieve compliance with the SB 1383 food waste diversion goals.

Together we make great things possible
We have assembled a streamlined team with the right industry experience necessary to identify and evaluate options for the City to consider in achieving your goals for compliance with California’s regulatory requirements mandated by SB 1383. Our team is introduced below, followed by focused, two-page resumes. #1..
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19 City of Modesto – Compost Facility Feasibility Study | Section Appendix A. | Resumes Together we make great things possible

EDUCATION
MS, Environmental
Engineering, California State
University, Fullerton
BS, Environmental Sciences,
University of California,
Riverside

PROFESSIONAL

REGISTRATIONS
Qualified Industrial
Stormwater Practitioner
(QISP) #00176
Certified Air Permitting
Professional (CAPP) #1106

INDUSTRY TENURE
10 HDR TENURE
1 OFFICE LOCATION
Walnut Creek, California
Z-Best Compost Facility Expansion. Gilroy, CA
Cindy was brought onto this project as technical
air permitting expert to drive BAAQMD to
move the project forward through their review
process. Through a collaborative and dynamic
effort, the facility’s two trommel screens
have been reviewed and processed, as well
as preliminary emissions calculations for the
facility have been prepared by BAAQMD.

City of Davis, Organics Processing Facility
Feasibility Analysis. Davis, CA
Cindy served as Project Manager and lead
liaison between the City, subcontractors,
and regional regulatory agencies to complete
this feasibility analysis. The purpose was to
evaluate the City’s organic waste diversion
options, including a City-owned and operated
organics processing facility. The Clements team
reviewed Yolo County Central Landfill’s new
organics processing system, regional Recology
organics facilities, and anaerobic digestion
and composting technologies for a potential
City facility. Cindy coordinated closely with the
Yolo-Solano Air Quality Management District,
and gained expert knowledge of other regional
permitting authorities as related to the project.

The findings of the analysis recommended
the City to consider a City-owned facility or
partnership with a UC Davis-owned facility
as a viable option in their long-term organics
capacity planning.

UC Davis, Compost Facility Feasibility
Analysis. Davis, CA
Cindy acts as Project Manager to evaluate
five compost facility options for the university
which included a mixture of university, thirdparty, and public entity owned and operated options. The campus feedstocks would
support a roughly 15,000 tons per year facility,
with waste coming from animal bedding and
manure, post-consumer foodwaste, and the
university’s anaerobic digester. The assessment
included feedstock evaluation, air emissions
permitting and emissions estimation, compost
product markets, and economic analysis. Cindy
coordinated with the university throughout
the project, and oversaw the project’s interim
technical memorandum deliverable, financial
pro forma, and final executive summary and
report.

Covered Compost Facility Grant & Permitting.

Pacific Organics Solutions, Ukiah, CA
Served as technical expert to client in securing
necessary environmental permits for organics
covered composting facility and positioning
project for CalRecycle grant. Prepared and
coordinated approval of Technical Report for
Waste Discharge Requirements exemption
with the North Coast Regional Water Quality
Control Board. Helped secure $3 million from
CalRecycle Organics Grant Program to procure
and construct compost system.

Permitting Assessment, Nunhems, Davis, CA
and Brooks, OR
Nunhems has two seeds processing facilities
that were installing new equipment, specifically
research equipment and an onion sorting line.

HDR was selected to perform a permitting
assessment to review applicable regulations
and determine if any single piece of equipment
of the facility as a whole required an air permit.

At the conclusion of each analysis, no additional
air permits were required at either facility.

County of Los Angeles, Conversion
Technology Evaluation. Los Angeles, CA
Los Angeles County was interested in evaluating
a one ton per day in-vessel composting
facility at Pitchess Detention Center. Cindy
acted as Technical Lead in determining the
permitting pathway for this proposed facility
which included discussions with the planning
department to confirm CEQA-conformance and
SCAQMD to identify the applicable air quality
rules. In addition, Cindy developed general
permitting flowcharts covering CEQA, air, solid
waste, water, and building permits to provide
the County guidance on composting operations,
anaerobic digestion facilities, biomass
gasification plants, and municipal solid waste
gasification plants. The flowcharts included the
required permits and estimated schedule to
obtain each permit depending on the project’s
anticipated pathway.

Cindy has 10 years years of experience working with the solid waste, recycling, and organics industry. She started off her career implementing organics separation and compost workshops at her University and has since worked on over 175 waste projects. In California, she has worked with over 75 different waste-related facilities. This includes work on the design, permitting, development, and/or environmental compliance of over a dozen organic waste processing facilities and several feasibility studies for both the public and private sectors. She specializes in CEQA/land, air, solid waste, and water permitting and has performed work throughout California. She also helped secure several grants amounting to over $5 million for compost infrastructure and research, and over $10 million for renewable energy projects.

Cindy Liles, QISP, CAPP
Project Manager
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20 City of Modesto – Compost Facility Feasibility Study | Section Appendix A. | Resumes Together we make great things possible

CINDY LILES, CONTINUED
Mesa Grande Band of Mission Indians,
Compost and Anaerobic Digestion
Feasibility. San Diego, CA
As Permitting Expert, Cindy helped assess
the local, regional, and federal requirements
for a compost and anaerobic digestion
facility proposed to be located on tribal lands.

The initial phase of the project would have
73,000 tons per year (tpy) of organic waste to
composting and an additional 72,000 tpy to the
AD system with bio-derived combined heat and
power. Cindy’ role was to coordinate with the
respective EPA and local regulatory offices to
interpret the project’s permitting requirements.

Republic Services, Compost System
Permitting at Otay Landfill. San Diego, CA
Project Manager for acquiring the permits to
operate a covered aerated static pile (ASP)
composting system and an organics preprocessing station at Otay Landfill. The ASP composting system is located within the active
disposal area of the landfill, thus creating design
and permitting complexities to be addressed in
the revised or new operating permits. Cindy led
the project through an Addendum to the landfill’s
existing Environmental Impact Report and use
permit, and assisted with the preparation of the
Air Quality and Greenhouse Gas Technical Study.

Key subsequent work included the preparation of
the Report of Composting Site Information and
Operational Statement for the LEA’s review and
concurrence, and working with the San Diego
Regional Water Quality Control Board (RWQCB)
to enroll in the WDR for Composting Operations.

Coordination with the San Diego Air Pollution
Control District (SDAPCD) was necessary to
confirm the facility’s exemption status.

Recycling Innovations LLC, Compost Facility
Permitting, Adelanto, CA
Acted as Project Manager on permitting
discussions and application preparations with
the Lead Agency, LEA, Mojave Desert Air
Quality Management District (MDAQMD),
and Lahontan Regional Water Quality Control
Board. Served as technical advisor for client
to evaluate several material processing
technologies.

West Coast Waste, Agricultural Compost
Facility Permitting. Madera, CA
WCW hired Clements Environmental to help
select a composting technology, prepare facility
design, and acquire all necessary environmental
permits for a greenfield site. Cindy acted as
Project Manager across all project components,
including proposal preparation resulting in the
award of a $1.4 million CalRecycle Organics
Grant for infrastructure and a $200,000 CDFA
for compost-related research. The primary
goal of the project was to get the facility up
and running as quickly as possible to maintain
landfill diversion. With adept pre-planning,
effective communication, and expert knowledge
in both applicable regulations and industry
constraints, the project completed its CEQA
in a record 45 days. Cindy then led the project
on to obtain an EA Notification Tier Permit
from the LEA in a few weeks, and a six-month
Experimental Air Permit from San Joaquin Air
Pollution Control District (SJVAPCD) in just a
few days. WCW was also one of the first Tier
1 facilities to successfully enroll in the newly
adopted WDR in the Central Valley RWQCB.

Mid Valley Disposal, Covered Compost System
Permitting and Compliance. Kerman, CA
Cindy was brought onto the project during the
compost operation’s air permitting process, and
helped settle the applicability and practicality of
the Authority to Construct’s (ATC) conditions
with SJVAPCD. Additional permit technical
assistance was provided to obtain and maintain
compliance with the facility’s Solid Waste
Facility Permit (SWFP), WDR, and Stormwater
IGP. The project team then helped secure $1.5
million to expand the composting from 200
to 300 tons per day, which required permit
modifications, in particular the ATCs and
staying below Title V thresholds. Cindy has
acted as lead liaison with the Air District since
2015, which, in addition to permitting, included
facilitating the approval of facility’s successful
emissions source test.

West Coast Waste, Integrated Organics
Recycling Facility Permitting, Fresno, CA
The project consisted of expanding an existing
chip/grind facility to include a material recovery
facility, transfer station, covered composting
system, and an AD facility. Cindy acted as
Project Manager through the CEQA process
with the Lead Agency and obtaining a full SFWP.

This work included design considerations,
plan preparation, and report generation. The
project team crafted, issued, and managed
a Request for Proposals to AD technology
vendors which ultimately led to the selection of
a preferred vendor to work on the next stages
of facility development. The next phase of the
project involved soliciting bids from gasification
technology vendors, which again led to the
selection of a preferred vendor to work on the
next stages of the facility.
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21 City of Modesto – Compost Facility Feasibility Study | Section Appendix A. | Resumes Together we make great things possible

RELEVANT EXPERIENCE

EDUCATION
BS, Civil Engineering,
California State University,
San Jose

PROFESSIONAL

MEMBERSHIPS
Professional Civil Engineer:
• CA #35222
• WA No. 44393

HDR TENURE
34 Years

INDUSTRY TENURE
42 Years

OFFICE LOCATION
Folsom, California
City of Los Angeles, Feasibility Study and
Preliminary Design of Compost Facility at
Lopez Canyon Environmental Center, CA
Tim is the compost technical lead in
evaluating the viability of constructing the
largest possible composting facility accepting
food waste at the Lopez Canyon Landfill.

The analysis explored a variety of compost
technologies and concluded that due to the
facility being located on a Title V landfill
and within the South Coast Air Quality
Management District, the Lowest Achievable
Environmental Review (LAER) would be
imposed on the site in terms of emissions.

The study concluded such a system could
be constructed using an aeriated static
pile system. The City is exploring their
alternatives before committing to the robust
permitting required at this site.

Food Waste Compost Feasibility Study,
Vashon Island, King County, WA
Tim served as project manager and technical
lead exploring the viability of developing an
on-island compost facility on Vashon Island
WA to compare to the current practice of
barging wastes off-island and then trucking
them to a compost facility. The study included
an in-depth analysis of the quantify and type
of food waste and bulking materials on-island.

We also explored the types of technologies
that could be used, considering both cost and
environmental controls. We also prepared
several preliminary layouts and related capital
and operational cost estimates in addition to
an evaluation of the greenhouse gases of the
on-island vs off-island systems. We concluded
an on-island food waste compost program
could be developed that would be both less
in cost and less environmental impact than
the current program. The Plan included the
development of capital and operating cost
estimates for each of these functions for the
county’s consideration and selection.

Recology, Composting Facility Expansion
Design and Operations Improvements at
Blossom Valley Organics North, Vernalis, CA
Tim served as project manager and lead
engineer for a project to improve Recology’s
compost facility expansion needs. Our
efforts began with developing a Compost
facility Master Plan that included expansions
to the facility pre-processing capacity.

We also prepared construction design
and specifications for a new receiving/
preprocessing facility at this site. The design
included geotechnical, civil, and electrical
designs for two new pre-processing/grinding
lines to enable the receipt and processing
of 2,000 tons per day. Other improvements
included electricity improvements (to reduce
emissions caps due to diesel generator for
key grinding equipment), water supply, storm
water management and containment, etc.

The site traffic pattern was refined to reduce
crossing traffic and maximize the distribution
of organic materials from the pre-processing
area into the compost windrow system and
through to the final screening and product
sales process.

City of Phoenix, 27th Ave. Compost Facility
Planning, Design and Economic Study,
Phoenix AZ
Tim served as the project manager for HDR
who was retained to evaluate the technical
and financial viability of developing a compost
facility to serve the city’s yard and food wastes.

We explored various compost treatment
methods to accommodate increasingly
putrescible feedstock materials, as well as
address other variables that are relevant to
the analysis of the facility. The City expects
the expanded yard/food waste program to
require the facility to process 90,000 tons per
year. As a part of this work, HDR also prepared
an interim facility design plan to relocate the
current chip/grind operations to allow the
current area to be developed into the future
compost facility. HDR also assisted in the
coordination of permits required for the facility
which for this location.

City of Phoenix, 27th Ave. Compost Facility
Condition Assessment, Phoenix, AZ
Tim serves as the technical lead for HDR
who was retained to perform a condition
assessment of the 27th Ave Compost facility.

The facility had been constructed several
years prior to serve the city’s yard and food
waste composting facility. Relatively soon
Tim has over three decades of experience resolving solid waste diversion based facilities such as Transfer Stations, Single Stream and Dual Stream recycling facilities and mixed waste materials recovery facility engineering and organics processing. Over the past decade, Tim’s practice focuses on the management of organic waste, from its collection, receipt, transfer, pre-processing, digestion, composting in addition to its odor control and liquids management. Although driven by organics diversion in California, Tim serves the organics diversion industry across North America facilitating the management of organics wastes from municipal, food/beverage industry, co-digestion of biosolids.

Tim Raibley, PE
QA/QC and Technical Advisor
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22 City of Modesto – Compost Facility Feasibility Study | Section Appendix A. | Resumes Together we make great things possible
after operations began, the facility operator
reported challenges with the facility, its
aeriation system, capacity to process the
rated throughput of materials, drainage,
issues, etc. We are performing an analysis
of the facility, its mechanical, structural,
electrical and civil features including its
aeriation system, logic controller, drainage/
water management system, facility
operations and overall assessment of the
condition of the facility with the overarching
goal to identify facility repairs, operational
changes and estimated capital costs to
prepare the Facility to be capable of meeting
the City’s future needs.

Biosolids Composting Facility Odor Control
System Design, Columbus, OH
Tim served as compost lead for HDR is a sub
to the Hatch/Chester team in developing
renovation plans of the Southwest Central
Compost Facility managing Biosolid materials
from the region’s wastewater treatment
facilities. HDR’s role is to assist in evaluating
options to renovate the existing, aging facility
to accommodate increased quantities of
biosolids and to reduce fugitive odors from
the facility. Our analysis included evaluating
the facility mix design, bulking material
management system, and recommending
improvements in the facility’s aerated
static pile compost system. The analysis
included exploring system improvements to
accommodate an increase from the average
170 tons per day of wet sludge to a peak of
400 tons per day. These quantities equate to
a total facility throughput of approximately
170,000 tons per year inclusive of
bulking material. HDR also assisted in the
development of engineering design and
preparation of plans and specifications for the
renovation of the facility.

Compost Facility Evaluation and Relocation
Study, Metro Waste Authority, Des Moines, IA
Tim served as technical lead for HDR who
was retained by the Authority to evaluate
the use of an existing operating compost
facility located near downtown Des Moines
along the river as compared to locating a new
facility at the Authority’s landfill. The analysis
included preparation of a Conceptual Master
Site Development Plan and a range (low and
high) preliminary capital cost estimate for
improvements at both facilities. The Site
Plan reflected compost process operations
reflect the projected materials that will arrive
at the site in 2025 as well as the current
relatively weak material market demand
that requires the site retain material on-site
for extended time. The analysis included
revisions to storm water management, site
circulation, grinding/processing activities as
well as accommodating seasonal variations in
quantity and operations.

Solid Waste Management Plan – Compost
Element, Larimer County, CO
Tim led the technical aspects of the
development of the Regional Solid Waste and
Recycling Master Plan for Larimer County
Colorado. The Plan evaluated the viability of
developing a variety of programs designed
to increase the recovery/beneficial use of
the regions waste and recycling materials by
exploring the development of a new central
transfer station, mixed waste recyclables
processing, C&D processing, yard waste
composting, yard/food waste composting and
anaerobic digestion facility. The Plan included
the development of capital and operating cost
estimates for each of these functions for the
county’s consideration and selection.

Republic Services, Compost Market Study,
Roosevelt, WA
Tim served as technical lead for a project
to prepare a preliminary market evaluation
for the proposed compost material to be
produced at Republic’s new composting
facility at the Roosevelt Regional Landfill
(RRL). This study explored the market that
compost in the RRL vicinity would be entering
to frame the issues Republic will be facing as
they consider the development of compost
markets. To accomplish this, we explored
the current uses of products similar to
compost and various compost by-products
including topsoil in addition to developing
a Compost Market Development Plan. To
evaluate the potential demand for compost,
we researched two potential markets for the
product: agricultural uses and landscape
uses (i.e. compost, mulch, or topsoil). For
landscape markets, we examined local
demographics related to housing starts and
other factors that affect the consumption
of landscape/soil services and the range of
services/products that are publicly offered.

For agricultural markets, we determined the
average annual usage of standard nutrients
(e.g. phosphorous, potassium, and nitrogen,
or PKN) for various crops within the Columbia
Basin as well as urban areas located within
150 miles of RRL such as Portland, Oregon,
and Vancouver and Olympia, Washington.

The study also provided a Compost Market
Development Plan consisting of an outline
of the processes that Republic will need to
implement in order to build a market for their
compost and focuses on Republic’s shortterm entry into the landscape market while developing an agricultural compost product.
term entry into the landscape market while
developing an agricultural compost product.

TIM RAIBLEY, CONTINUED
#1..
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23 City of Modesto – Compost Facility Feasibility Study | Section Appendix A. | Resumes Together we make great things possible

RELEVANT EXPERIENCE

EDUCATION
Master of Science, Civil
Engineering, North Carolina
State University
Bachelor of Science, Civil
Engineering, University of
North Carolina at Charlotte

PROFESSIONAL

REGISTRATIONS
Professional Civil Engineer:
• CO #0051341
• WY #14738
• NE #E-14357
• IA #21143
• VA #038558

INDUSTRY EXPERIENCE
27 years

HDR EXPERIENCE
24 years

OFFICE LOCATION
Denver, Colorado
Southeastern Public Service Authority,
Ongoing Solid Waste Services, VA
Client/Senior Project Manager. HDR
provides ongoing support of the authority’s
landfill and transfer station operations.

Work includes landfill master planning,
permitting, post-closure inspections and
monitoring, operational assistance, landfill
gas engineering, facility evaluations and
compliance monitoring. Jeff has also
assisted with technology review and
contracting negotiations with an alternative
waste processing facility, host community
agreement negotiations and conditional use
permit and rezoning applications for the
expansion of the landfill. Current projects
include strategic communications and
engineering to support the solid waste and
wetlands permitting for over 100 acres of
landfill expansion of its Regional Landfill in
Suffolk Virginia.

City of Sioux Falls, Solid Waste Management
Master Plan, Sioux Falls, SD
The City of Sioux Falls, South Dakota retained
HDR to assist them with developing a road
map for the future of their solid waste
management system. The City wanted to
look down the road and determine if what
may not make sense today, may make sense
30-40 years from now. As such the goal of
the Solid Waste Management Master Plan
(SWMMP) is to determine if continued
landfilling is going to remain as their core
business or invest in an alternative emerging
technology. Simultaneously, the existing
programs and facilities of the City were
evaluated for efficiencies and opportunities
for a more comprehensive and integrated
waste management system.

Metro Waste Authority, On-Call Engineering
Support, Des Moines, IA
HDR has provided a complete spectrum
of solid waste planning and engineering
services to Metro Waste Authority (MWA).

From planning and design of facilities and
programs to facilitation of monthly strategic
planning sessions and methodical execution
of routine regulatory compliance monitoring
and reporting, our role as a fully integrated
partner in helping MWA achieve the vision of
their solid waste program has extended five
decades.

City of Lincoln, Bluff Road Landfill
Engineering Services, Lincoln, NE
Project Manager. HDR provided design
services for the expansion of the Bluff
Road Landfill into Phase 12 and 13. Phase
12 and 13 is comprised of 10 and 11 acres,
respectively, of Subtitle D liner system with
incorporated environmental controls such
as storm water controls and groundwater
removal system. The design also focused
on minimizing maintenance and operational
costs. In addition to the development of
the construction contract documents,
construction quality assurance services were
provided to maintain consistency between
design and construction
Larimer County Public Works, Regional
Watershed Planning Study & Comprehensive
Solid Waste Engineering Services,
Larimer County, CO
HDR was retained to assist the County
and the North Front Range Regional
Wastershed Planning Coalition with the
development of a long-term sustainable solid
waste management system. Following the
evaluation and through the adoption of the
Solid Waste Infrastructure Master Plan, the
County implemented the transfer station,
new landfill, compost facility (yard and food
waste), and a construction and demolition
debris processing facility. HDR provided
the design and permitting services for the
transfer station and the landfill.

Larimer County Public Works, Phase 2 Study,
Larimer County, CO
This project is an analysis of solid waste
management options to assist the Technical
Advisory Coalition (made up of four
different municipalities within the Larimer
County Watershed) in preparing for the
anticipated closure of the Larimer County
As Principal-in-Charge, Doug is dedicated to the successful outcomes of projects. He is experienced in solid waste, and environmental projects including transfer station design/permitting, MSW, CCR, and C&D landfill permitting and design, leachate collection system design, MSW, CCR, and C&D landfill closure design, landfill gas collection system design, storm water management, soil management, construction administration, and construction quality assurance.

For 25 years, Doug has been involved in all aspects of solid waste including infrastructure planning, public engagement, feasibility studies, site optimization, composting, impoundments, waste facility design, and construction and understands how the design can impact operations and construction. Doug’s responsibilities include business development, client management, project management, design, permitting, technical oversight, and construction management.

Doug DeCesare, PE
Principal-in-Charge
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24 City of Modesto – Compost Facility Feasibility Study | Section Appendix A. | Resumes Together we make great things possible
landfill in 2025. HDR’s work includes the
evaluation of seven infrastructure options,
emerging technologies, industry trends, best
management practices, and calculation of
Sustainable Return on Investment.

City and County of Denver, Cherry Creek
Transfer Station Improvements, Denver, CO
HDR is assisting with the concept development
and design of a project to expand the existing
CCD Cherry Creek Transfer Station to
optimize and enhance current transfer station
operations and efficiencies and to address
the ever increasing waste tonnages and waste
streams. The original transfer station was too
small to accommodate the waste tonnages
and waste streams in recent years. The CCD
had previously been expanded by constructing
a separate bi-level, top load transfer station
building that consists of a three-sided
pre-engineered metal building without any
pushwalls and limited ability to funnel waste
into the transfer trailer in the loadout tunnel.

Over the years, CCD retrofitted some of these
areas with steel panels and jersey barriers to
improve the functionality of the building to
the extent possible. The prior expansion is not
adequate for today’s operational needs and
HDR began by identifying three conceptual
locations which could meet the CCD’s
requirements while, having limited impact on
the current operations at the facility. After a
thorough vetting of options, CCD selected an
option that includes a second pre-engineered
building immediately north and adjacent of
the existing transfer station building. This
option provides flexibility of managing waste
streams and permits operational equipment to
efficiently operate between the two buildings.

Design is currently nearing completion.

DOUG DECESARE, CONTINUED
City of Billings, Landfill Master Plan,
Billings, MT
Project Manager for an update of the City of
Billings Master Plan for the operations of the
landfill. HDR incorporated existing changes to
the landfill operation, integrated the Landfill
Drop-off Facility, optimized the life of the
landfill asset, and provided a vision for the
management of the landfill site.

Metro Waste Authority, Metro Park East
Landfill Cell C North Design, Permitting, and
Construction, IA
Project Manager. HDR provided engineering
services for design, permitting, bidding
assistance, and construction contract
administration for the 10-acre Cell C North
liner, leachate system, and groundwater
underdrain construction project. Project work
also included the innovative design features
of temporary rain flaps and geosynthetic rain
cover to minimize storm water infiltration into
existing cells during and after construction.

Republic, Old Dominion Landfill, Henrico, VA
Project Manager. HDR prepared air budget
models, provided permitting for ash
recycling/processing at the landfill, and
prepared updates to the operational manual
to comply with regulatory updates for an
existing facility.

Republic/Allied, Brunswick Waste
Management Facility, Lawrenceville, VA
Project Manager. HDR provided permitting
assistance, developed construction
documents for landfill expansions and
closures, landfill gas collection expansions,
developed borrow areas, and provided
operational assistance in the form of
air budget analysis and preparation of
development plans for the facility.

Dubuque Metropolitan Area Solid
Waste Agency (DMASWA), Master Site
Development Plan, Iowa
Project Manager. DMASWA retained HDR
to assist the planning of their landfill facility.

With the landfill having a permitted capacity
of over 50 years, DMASWA realized a need
for a master plan regarding the infrastructure
of the facility. Aged facilities, site constraints
and challenges, and the potential loss of the
existing entrance due to Iowa Department of
Transportation plans, there became a need to
improve site operations and facilities now and
in the future. HDR worked with DMASWA to
identify short term and long-term needs and
evaluated operations in developing a master
site development plan that included new
scales and scale house, residential drop off
areas, materials recovery facility, education
center, landfill gas to energy facility, and a
compost facility. As a result of the master
site development planning process, a shortterm plan was developed that included an additional scale, improvements to the
existing scale house, better queuing, a new
maintenance building, and a small vehicle
user area. Design of these short term facilities
is currently underway.
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25 City of Modesto – Compost Facility Feasibility Study | Section Appendix A. | Resumes Together we make great things possible

RELEVANT EXPERIENCE
facility to serve the city’s yard and food
wastes. Explored various compost treatment
methods to accommodate increasingly
putrescible feedstock materials, as well as
addressed other variables that are relevant to
the analysis of the facility. The city expected
the expanded yard/food waste program to
require the facility to process 90,000 tons
per year. Prepared an interim facility design
plan to relocate the current chip/grind
operations to allow the current area to be
developed into the future compost facility.

Also assisted in the coordination of permits
required for the facility which for this location.

Andrea performed the sizing estimates and
prepared project reports, including overviews
of composting technology options and
conceptual site layouts.

Report of Waste Discharge (ROWD)
Application for the Recology Blossom Valley
Organics North (BVON) Composting Facility,
Vernalis, CA
Project Engineer. HDR prepared the ROWD
for BVON for submittal to the Central Valley
Regional Water Quality Control Board
(CVRWQCB) and the State Water Resources
Control Board (State Water Board). The
ROWD characterized the waste proposed for
discharge from the facility and the potential
to impact groundwater and surface waters.

King County WA, Anaerobic Digestion
Feasibility Study, Seattle, WA
Project Engineer. HDR assisted King County
in exploring the viability of implementing an
anaerobic digestion program as one way to
reduce the 300,000 tons of organic waste
that are disposed of at the County’s Cedar
Hills Landfill. The effort sought to identify the
most financially appropriate, environmentally
sensitive, and sustainable program to manage
organics from the region. The effort included
exploring the appetite of local composters,
waste haulers and technology providers for
their interest in partnering with the County.

HDR analyzed a variety of scenarios including
small-distributed anaerobic digestion units,
use of the regional wastewater treatment
plant capacity and development of dedicated
digesters at the County waste transfer
stations. The study concluded the County
could capture and convert organic waste
to renewable energy in a variety of ways.

However, the cost of the anaerobic digestion
program would be more than the current cost
of landfilling.

City of Phoenix, 27th Avenue Compost
Facility Planning, Design, and Economic
Study, Phoenix, AZ
Project Engineer. HDR evaluated the technical
and financial viability of developing a compost
It addressed both current composting
operations of the existing BVON facility and
proposed improvements to the facility. HDR
also prepared a Hydrogeologic Investigation
Report in conjunction with the ROWD. As
Project Engineer, Andrea prepared the ROWD
document, coordinated with the hydrogeology
team as needed, and assisted with addressing
regulatory requirements and reviews.

Metro Waste Authority (MWA), Compost
Facility Evaluation, Design, and Construction
Services, Iowa
Project Engineer. HDR evaluated the use
of an existing operational compost facility
located along the river near downtown Des
Moines, versus developing a new facility at
the Authority’s landfill. Andrea performed
analyses of the current and potential
operations, worked with the team to develop
a Conceptual Master Site Development
Plan and a range of preliminary capital
cost estimates for improvements at both
facilities. Analyses included revisions to
stormwater management, site circulation,
grinding/processing activities as well as
accommodating seasonal variations in
quantity and operations and planning for
future growth. Following acceptance of the
study, HDR began detailed design of the new
compost facility, customer access roads, and
Andrea Ramirez, PE, ENV SP
Solid Waste Engineer
Andrea brings national expertise from her work on numerous organics studies from around the country. her waste management industry includes a variety of planning and design projects for both disposal and waste diversion programs. She has performed solid waste facility feasibility studies, site evaluations, conceptual site designs, and master planning for an assortment of waste management and diversion facilities, including composting facilities, transfer stations, resource recovery parks, anaerobic digestion and other alternative energy facilities.

With 15 years of experience supporting clients on a variety of planning, design, and compliance projects for both waste disposal and waste diversion programs, Andrea’s experience includes feasibility studies, site evaluations, conceptual site designs, permitting, and master planning for an assortment of waste management and diversion facilities, including composting facilities, transfer stations, resource recovery parks, anaerobic digesters and other alternative energy facilities. Andrea has also performed evaluations of economic and environmental impacts for waste management programs, including greenhouse gas emissions estimates, waste diversion studies, zero waste management plans, and recycling economic analyses.

EDUCATION
M.S., Civil & Environmental
Engineer, California
Polytechnic State University,
San Luis Obispo (Cal Poly),
California
B.S., Environmental
Engineering, California
Polytechnic State University,
San Luis Obispo (Cal Poly),
California

REGISTRATIONS
Professional Civil Engineer:
• CA #C73180
• AZ#72222
ISI Envision Sustainability
Professional

PROFESSIONAL MEMBERSHIP
American Society of Civil
Engineers (ASCE)

INDUSTRY TENURE
15 HDR TENURE
13 OFFICE LOCATION
Tucson, Arizona
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26 City of Modesto – Compost Facility Feasibility Study | Section Appendix A. | Resumes Together we make great things possible

PUBLICATIONS
Andrea Ramirez, PE,
“Anaerobic Digestion for
Solid Waste Management,”
2018 Utah Public Works
Conference and Stormwater
Expo, Presentation/
Conference. Salt Lake City,
US. 2018.

Andrea Ramirez, PE,
“Strategies for Effective
Compost Facility Planning,”
SWANA Western Regional
Symposium, Presentation/
Conference. Palm Springs,
US. 2012.

Andrea Ramirez, PE,
Morgan Bowerman,
“Anaerobic Digestion for
Solid Waste Management,”
2018 SWANA Utah Beehive
Chapter Symposium,
Presentation/Conference.

Springdale, US. 2018.
utility infrastructure improvements located
at the Authority’s landfill followed by bidding
support, construction administration and part
time observation services.

City of Sunnyvale, On-Call Landfill and
Materials Management Services, Sunnyvale, CA
Project Engineer. HDR has performed oncall services for the City of Sunnyvale for over a decade, including services related to
the closed landfill and adjacent Sunnyvale
Materials Recovery and Transfer Station
(SMaRT Station). Tasks include annual
landfill inspections, slope repair and
drainage improvements, SMaRT Operations
performance reviews, assistance in soliciting
organics composting services, grant writing
assistance, preparation of design plans
for minor improvements adjacent to the
landfill, and regulatory assistance. Among
other tasks, Andrea has performed the
Landfill Differential Settlement Analyses, by
evaluating topographic maps of the landfill
to see if and where differential settlement
has occurred over the review periods.

Recommendations were provided to the City
based on findings.

PPP Canada, Evaluation of Anaerobic
Digestion and Composting for Landfill Waste
Reduction at Haute-Yamaska Regional
County Municipality, Quebec, Canada
Project Engineer. HDR developed a planning
level site design and cost estimate for
a waste treatment center using either
anaerobic digestion or composting
technology to reduce landfill organic waste
and divert 60% of organic waste (organics
derived from municipal solid waste and
biosolids from the wastewater treatment
plant) from the landfill, and convert them in
to usable (profitable) products like compost
and biogas. Andrea was the Project Engineer
for the composting option.

ANDREA RAMIREZ, CONTINUED
City of Roseville, Materials Recovery Facility,
Transfer Station and Corporation Yard
Planning Study, Roseville, CA
Project Engineer. HDR assisted the City of
Roseville in exploring the development of a
new city center, corporation yard, Materials
Recovery Facility (MRF), waste transfer
station and supporting features (buy-back
center, household hazardous waste drop off
center). Historically, Roseville has relied on the
Western Placer Waste Management Authority
(WPWMA), which employs a One Big Bin
system of waste and recyclables collection in
a single bin and its contents are processed at
a mixed waste MRF to segregate recyclables.

The City retained HDR to explore alternatives
to this system in order to meet new organics
diversion regulations in California (Senate Bill
1383). HDR developed preliminary sizing of
a new MRF, transfer station and corporation
yard to meet the City’s needs. The analysis
included the development of a master site
development plan and associated capital and
operating cost estimate. HDR also reached
out to public and private waste service entities
in the region to explore the current cost of
receiving waste for disposal, organics for
composting and recyclables for processing.

All costs were summarized in a waste options
analysis. In all, HDR explored twelve different
options of managing the City’s waste including
a variety of disposal sites, recycling facilities
and composting facilities. HDR also concluded
which options provide the City with the highest
resilience in terms of complying with relevant
laws and regulations of waste disposal.

Eco Recovery Regional Transfer Station,
Composting Facility and MRF Planning
Study, Santa Cruz County, CA
Project Engineer. HDR assisted Santa Cruz
County to prepare for the future beyond
landfills. The proposed project is a part of the
County’s plan to reach its Zero Waste goals
while anticipating the closure of their only incounty landfill. Efforts include the development of conceptual designs and planning of a
combined Transfer Station/Materials Recovery
Facility, compost facility and public exchange
facility in preparation for the environmental
planning phase of the project. Concepts
include preparation of grading, drainage,
landscaping, lighting, and circulation plans, and
potential LEED certification planning. Andrea
assisted with the design of the concepts
presented to the client. She also performed
earthwork quantity estimates and storm
water calculations and was responsible for
the preparation of all engineering figures and
exhibits presented to the client.

Compost Planning, Design, and Economic
Study, Confidential Client
Project Engineer. A confidential client retained
HDR to evaluate the technical and financial
viability of developing a compost facility
that will serve as an expansion to the waste
management infrastructure at an existing
landfill. Several key options were considered,
including various compost treatment methods,
feedstock materials, as well as address other
variables that are relevant to the analysis of
the facility. In anticipation of the expanded
material throughput, the client has requested
assistance in the preparation of a feasibility
study. Andrea served as a technical reviewer
on the design and worked on the development
of the feasibility study report.
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27 City of Modesto – Compost Facility Feasibility Study | Section Appendix A. | Resumes Together we make great things possible

RELEVANT EXPERIENCE

EDUCATION
BA, Geography and Cultural
Anthropology, Macalester
College, St. Paul, Minnesota

PROFESSIONAL

ASSOCIATIONS
USCC
Solid Waste Association of
North America (SWANA)
CRRA

INDUSTRY TENURE
30+
SB 1383 Organics Processing Infrastructure
and Market Conditions, CalRecycle,
Sacramento, CA
IWMC conducted a comprehensive statewide
survey of organic processing Infrastructure
and market conditions in California.

This latest study is the fourth compost
infrastructure study Matthew has completed
for CalRecycle.

Programmatic EIR for SB 1383, CalRecycle,
Sacramento, CA
As a subcontractor to Ascent Environmental,
IWMC served as a subject matter expert
supporting the development of the statewide
programmatic EIR.

Odor Impact Minimization Plans, Various
Clients, California
Title 14 regulations require Compostable
Material Handling Facilities to develop and
implement site-specific Odor Impact
Minimization Plans (OIMP). IWMC has
developed over 40 OIMPs for existing and
new clients. IWMC was hired (as part
of a team) by the former California Integrated
Waste Management Board now the
Department of Resources, Recycling
and Recovery (CalRecycle) to conduct
compost facility odor control workshops
offered to Local Enforcement Agencies
and compost facility operators.

Lifecycle Assessment of Organics Diversion
Alternatives, California Integrated Waste
Management Board, Sacramento, CA
As a subcontractor to Research Triangle
Institute, IWMC participated in this
comprehensive lifecycle assessment of
organics diversion alternatives as a major part
of the CIWMB’s climate change initiatives. As
part of this work, IWMC worked with Dr. Sally
Brown to document the GHG impacts of using
compost on agricultural soils.

Comprehensive Compost Odor Response
Project (C-CORP), San Diego State
University, San Diego, CA
As a subcontractor to San Diego State
University, IWMC completed numerous tasks
as part of the CIWMB’s Comprehensive Odor
Response Project. The C-CORP project is
designed to provide a practical tool for LEAs
to identify and provide mitigation measures
for odors at composting facilities.

Technologies and Management Practices
for Reducing Greenhouse Gas Emissions
from Landfills, California Integrated Waste
Management Board
As a subcontractor to SCS Engineers, IWMC
participated in this important study to identify
practices and technologies to increase
greenhouse gas capture at landfills. IWMC’s
scope of work focuses on investigating
and reviewing the use of bio-covers and
composting at landfills.

Compost “Overs” Sorting Project,
Biodegradable Products Institute, Portland, OR
IWMC was hired to design & conduct a firstof-its-kind waste characterization of compost ”overs” (the oversized fraction screened
from the finished compost) to determine
the plastic component. Plastics were further
sorted into three categories to verify the fate
of “compostable“ plastics. The objective of
the study was to document the amount of
compostable plastic relative to traditional
plastic in compost overs.

Composting Feasibility Analysis, Nevada
County Department of Transportation and
Sanitation, Nevada County, CA
IWMC is under contract to provide technical
assistance to evaluate and review composting
options for this rural county. Scope of Work
includes reviewing sources and volumes
of feedstock, reviewing possible operating
scenarios, conceptual design of composting
facility, and an analysis of current costs
associated with organics diversion.

One of the most experienced compost consultants in the State of California today, Matt is an excellent communicator, familiar with all air districts and many composting facility operators. He brings more than 30 years of experience in solid waste management planning, permitting, environmental, and regulatory compliance, and composting. He joins the HDR team to conduct an operations evaluation of the City’s composting facility.

Founder of Integrated Waste Management Consulting, LLC, (IWMC), Matt has provided independent technical consulting services to public and private clients for over twenty-five years. Matthew has worked on a number of important statewide studies for CalRecycle. Matthew has also worked closely with commercial composters and Air Districts during the development of compost air emissions rules.

Matthew Cotton
Integrated Waste Management | Operations Evaluation
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1 FINANCIAL INTEREST DISCLOSURE
REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2223-12
PROPOSAL TITLE: MODESTO COMPOST FACILITY FEASIBLITY STUDY

FINANCIAL INTEREST DISCLOSURE

REQUIRED DISCLOSURE BEGINNING THE COUNCIL MEETING
OF JANUARY 7, 2003
The ordinance requiring financial interest disclosure by all parties having a direct or indirect interest of $2,000 or more (except for certain publicly traded companies) will be effective at the Council meeting of January 7, 2003. This means that any Council action on a contract, agreement or development right must be accompanied by a FINANCIAL INTEREST DISCLOSURE FORM listing by name all parties that have a material financial interest in the agreement, contract or development right.

PLEASE NOTE, any Council action that requires a FINANCIAL INTEREST DISCLOSURE cannot be considered by the City Council until the required reporting is made. That means that Agenda Items without the DISCLOSURE will be removed from the Council Agenda.

FinDisclosure12-19
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2 FINANCIAL INTEREST DISCLOSURE
All persons included within the meaning of either of the following tests have a material financial interest in an agreement, or application for development rights, submitted for approval or disapproval by the City Council, and shall be identified by the applicant, by name.

Tests of Materiality:

1. Whether it is foreseeable to a reasonable person that the value of their interest in property available for use by an applicant, or their interest in the applicant itself, may increase or decrease by an amount greater than $2,000.00 as a direct or indirect result of Council action on the applicant’s agreement or application for development rights.

2. Whether it is foreseeable to a reasonable person that the person’s gross income from the applicant may increase or decrease by a sum greater than $2,000.00 as a direct or indirect result of Council action on the agreement or application for development rights.

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the agreement or application or development rights is true, correct and complete.

The applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.

By signing this document, I agree to the information contained within.

COMPANY NAME: HDR Engineering Inc. _______________________________________ __________________________________
APPLICANT’S NAME (SIGNATURE):

Holly Kennedy, Northern California Area Manager
__________________________________
APPLICANT’S NAME/TITLE (PRINT):

Applicable Names: NONE DATE: September 29, 2022
(See attached list)
Questions concerning the application of either test to particular facts should be resolved in advance of Council action by agreement with the department head recommending approval of its agreement/application.

DIRECTOR
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3 FINANCIAL INTEREST DISCLOSURE
COMPANY NAME: HDR ENGINEERING, INC.

NAMES
Signature / Print: None
Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:
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Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Compost Facility Feasibility Study 1 $97,054.19 $97,054.19 Declined to Submit Declined to Submit No Response Agreed to work with Inculdes: Project Management, Clarification of Feedstock HDR on Study Conceptual Site Design, Cost Estimate, Eletrification
Evaluation, Staffing, Regulatory Permit Assesment,
Vendor Engagement, New Source Revenues &
Summary Repost
Agreed to work with
Total Estimated Cost $97,054.19 Declined to Submit No Response HDR on Study Matt Cotton
Matt agreed to work
with HDR on the
Study.
8-29-2022 Sent request
for inforamtion on why
they did not submit a
quote, received no
reposnse back.

MODESTO, CA 95353
P.O. BOX 642
Vendor stated they
had to much work
currently under
contract and would
not be able to
perform the work in
accordance with the
City's needs,

PURCHASING DIVISION

CITY OF MODESTO
Coker Composting &
Consulting
HDR Engineering Inc. Compost Systems
Sacramento, CA

ITEM/DESCRIPTION
UOM
QTY
September 1, 2022

FEASIBILITY STUDY FOR CITY'S COMPOST
PH: (209) 571-5164 FAX: (209) 544-8821
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

November 7, 2022
Date: September 15, 2022
TO: Economic Development Committee
Sue Zwahlen, Chair
Chris Ricci, Vice Chair
David Wright, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Agreement with HSQ Technology for Parts, Service, Licenses and Support CONTACT: Ben Koehler, WQC Superintendent-Chief Plant Operator, [email protected] 209-342-4502
DESCRIPTION:

Consider approving an Agreement with HSQ Technology, Hayward, CA, for the Procurement of Parts, Service, Licenses and Support for the Miser and Supervisor Control and Data Acquisition System, for two years, with three one-year extension options, for an annual estimated amount of $145,000 and a total not to exceed $725,000 over five years. (Funding Source: Water and Wastewater Funds)
STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

The Wastewater and Water Divisions utilize HSQ Technology (HSQ) Remote Terminal Units (RTU’s) to transmit and receive operational data from over 200 remotely located facilities such as wells, storage tanks, sewer lift stations, storm stations; and the Sutter, Jennings and Tertiary Treatment Facilities; as part of the HSQ Miser and Supervisor Control and Data Acquisition (SCADA) System. Brands other than HSQ RTU’s are not compatible with the HSQ SCADA System.

On January 16, 2018, by Resolution No. 2018-08, Council approved the sole source Agreement with HSQ Technology, Hayward, CA, for remote terminal units and all associated circuit boards and parts for the miser supervisor control and data acquisition system, for a two-year Agreement, with three (3) one-year extension options at the sole discretion of the City, for an estimated annual cost not to exceed $60,000 and for a total cost not to exceed $300,000 over #2..
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Economic Development Committee, November 7, 2022
Agreement with HSQ Technology for Parts, Service, Licenses, and Support

five years, and authorizing the Purchasing Manager, or her designee, to issue the Purchasing Agreement.

The current Agreement number 132462 is set to expire January 15, 2023.

Due to the age of the current HSQ system, Staff is in the process of upgrading the City’s SCADA equipment. Until the City can replace the HSQ SCADA System, staff will need to keep the system functioning properly to avoid catastrophic failure of the water and wastewater systems.

DISCUSSION:

The RTUs and the associated circuit boards and parts ensure that there is no interruption of service in the transmission of this operational data. HSQ has been providing service for approximately twenty-four years and has provided technical support on approximately four million dollars’ worth of equipment.

Staff is currently negotiating a Contract for the SCADA System Replacement and will return to council for approval in late 2022. It is anticipated that the replacement of the entire SCADA System will take approximately 3 years to complete and begin in early 2023. This Agreement will allow staff to purchase the parts needed. Once the new SCADA System is installed and operating, this Agreement will not be renewed or extended.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid. However, MMC 8-3.204(b) provides that a purchase may be exempted from the City’s formal bidding requirements where the Purchasing Agency’s requirements can be met solely by a single article or process. Additionally, the procurement of the RTU’s, parts, and service from HSQ Technology should be exempt from the formal bidding procedure in accordance with Modesto Municipal Code 8-3.204(b) because HSQ Technology is the original equipment manufacturer.

Therefore, this purchase qualifies for exemption from the formal bidding procedures.

FISCAL IMPACT:

Expenditures over the past five years are shown below:

YEAR EXPENDED
FY2017-18 $38,179
FY2018-19 $46,632
FY2019-20 $85,675
FY2021-22 $27,879
FY2022-23 $67,298
TOTAL $265,663
Sufficient funding is available in Fiscal Year 2022/23 in the following accounts:

Department Account Number Amount
Water Division 4100-55090-53150 $80,000
Wastewater Division 4210-44410-53150 $65,000
Estimated Annual Cost $145,000
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Economic Development Committee, November 7, 2022
Agreement with HSQ Technology for Parts, Service, Licenses, and Support

Staff has determined that the new estimated annual amount of $145,000 will ensure that both the Water and Wastewater division will have funds available to keep the system functioning properly to avoid catastrophic failure of the water and wastewater systems. Once the new SCADA System is installed and operating, this Agreement will not be renewed or extended.

STAFF RECOMMENDATION:

Motion approving an Agreement with HSQ Technology, Hayward, CA, for the Procurement of Parts, Service, Licenses and Support for the Miser and Supervisor Control and Data Acquisition System, for two years, with three (3) one-year extension options, for an annual estimated amount of $145,000 and a total amount not to exceed $725,000 over five years, and authorizing the Director of Finance, or her designee, the ability to add parts based on the Department’s needs, ensuring the total amount does not exceed the authorized total, and forwarding to Council for approval.

Approved by: _________________________________________
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:

1. Agreement

2. Exhibit B

3. Financial Interest Disclosure

4. Bid Waiver
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1 ANNUAL AGREEMENT NO 230704
FOR REMOTE TERMINAL UNITS (RTU’S), CIRCUIT BOARDS, PARTS & SERVICE

FOR MISER SCADA SYSTEM

HSQ TECHNOLOGY
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2022, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and HSQ Technology, Hayward, CA, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2022- authorizing the Award and agreement for the purchase of Remote Terminal Units (RTU’S), circuit boards, parts and service to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the purchase of Remote Terminal Units (RTU’S), circuit boards, parts and service as described in the parts and service price list, attached hereto as Exhibit “B” and made a part hereof.

NOW, THEREFORE, the parties hereto mutually agree as follows:

1. THE WORK:
a) CONTRACTOR shall furnish all specified request parts and or specific labor in Exhibit “B”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall provide pricing quotes for additional scope for all specialized requests outside the Maintenance agreement and shall be approved by City prior to proceeding with work.
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2 c) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. d) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
e) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
f) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $145,000. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $725,000. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on the attached hereto as Exhibit B.

2. CITY REPRESENTATIVE:

CITY Representative Wastewater Division: Ben Koehler, WQC Superintendent, (209) 342-4502 CITY Representative Water Division: Jeremy Parnell, Water Superintendent, (209) 342-4599 Purchasing Contact: Carol Wattle, Buyer, (209) 577-5406, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

3. CONTRACTOR CONTACT: Karen Santos, (510) 259-1334, [email protected]

4. TERM OF AGREEMENT: The term of the AGREEMENT shall be for a period of two years, with three one-year extension options at the sole discretion of CITY, for a total of up to five years.

Year 1: January 16, 2023 through January 15, 2024
Year 2: January 16, 2024 through January 15, 2025
Year 3: January 16, 2025 through January 15, 2026
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3 Year 4: January 16, 2026 through January 15, 2027
Year 5: January 16, 2027 through January 15, 2028
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.

Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Producers Price Index (PPI) as published by the Bureau of Labor Statistics: Industry Data for Computer & electronic product mfg (Series ID: PCU334) in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

5. LIABILITY INSURANCE: The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability.
b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
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4 c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this AGREEMENT, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, its agents, its officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, its officials, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.

The CONTRACTOR’s insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the CITY’s Risk Manager.

For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its agent, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by CITY, its agents, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

6. PAYMENT: CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full #2..
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5 under the following payment terms after completion and acceptance of the SERVICES by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR Net 45 Days via manual check. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
• This AGREEMENT number 230704
• CITY department/division name and address
• Billing period
• Service hours worked day and week
• Unit price, extended price, sales tax and total

7. INDEMNITY: The CONTRACTOR shall hold the CITY, its agents, its officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.

8. VENUE & GOVERNING LAW: Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California
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6 This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of law’s provisions or principles.

9. ATTORNEYS’ FEES: If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10. COMMENCEMENT AND COMPLETION OF THE WORK: The work contemplated herein shall be commenced after the agreement administrator receives and has on file:

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement and all exhibits thereto.
a. Resolution No. 2022-_______;
b. CONTRACTOR’s City of Modesto business license

11. TERMINATION OF SERVICES: Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance. Within ten (10) days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

Termination by City for Convenience: The CITY may also terminate this AGREEMENT the CONTRACTOR's performance under the AGREEMENT, either in whole or in part, at its own discretion and without cause.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
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7 a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's #2..
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8 SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

12. COMPLIANCE WITH ALL LAWS: CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

13. FAILURE TO PERFORM SATISFACTORY WORK: It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
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9 c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.

Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence.

Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.

14. ASSIGNMENT OF RIGHTS: The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to the CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

15. CITY PROCESS/PROCEDURE APPROVALS: CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.

16. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES: If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days. #2..
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10 17. NOTICES: Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

CONTRACTOR: HSQ Technology
26227 Research Road
Hayward, CA 94545-3725
Attn: Chris Cornejo
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

18. SIGNATORY(IES) FOR CONTRACTOR: Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.

19. QUANTITIES: No minimum or maximum is guaranteed or implied.

20. FUNDING: All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.

21. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES: If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.

22. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap #2..
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11 (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.

The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.
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12 23. CONTRACTOR LICENSES & PERMITS: CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.

24. RECORDS: All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

25. FACILITIES AND EQUIPMENT: Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” , and only under the terms and conditions set forth herein.

26. INDEPENDENT CONTRACTOR; NOT AGENT: At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as CITY may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind CITY to any obligation whatsoever.

27. DRUG FREE WORKPLACE: CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free #2..
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13 workplace.

28. ASSIGNMENT: Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.

29. WAIVER: The waiver by any party to this AGREEMENT of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

30. HEADINGS NOT CONTROLLING: Headings used in the AGREEMENT are for reference purposes only and shall not be considered in construing this AGREEMENT.

31. MISCELLANEOUS: Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.

32. ENTIRE AGREEMENT: This AGREEMENT and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. All previous bids, offers and communications relative to this AGREEMENT, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this AGREEMENT. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.

33. PARTIAL INVALIDITY: If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. #2..
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14 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this AGREEMENT in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2022-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2022 and HSQ Technology has caused this AGREEMENT to be duly executed.
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An Equal Opportunity Employer Page 1 of 6 California Contractor’s License #378393 Building the Technology that Drives Smarter Systems
City of Modesto
Parts and Service Price List
Terms and Conditions
◊ All prices are FOB Hayward, California and are exclusive of sales tax. Taxes and transportation charges are prepaid and will be added to the invoice.
◊ VISA and MasterCard are accepted, subject to a 5% surcharge. ◊ Prices are subject to change. Call or email for current prices. ◊ Minimum parts order is $300.00.
◊ New items are warranted for one (1) year.
◊ Repair items are warranted for ninety (90) days.
◊ Extended warranty is available on most items.
◊ The prices on this list do not apply to parts damaged as a result of improper use or acts of God. ◊ If no part number is listed, please call. The application will dictate the specific part number. ◊ Quantity discounts are available for the 25x86 Series Interface, Expansion boards, and new parts shown below, as follows:
• Qty. 5-15 10% Discount * • Qty. 16-29 15% Discount * • 30 or More 20% Discount * * – The discount is based on meeting quantity limits for each product part number.

NOTE: Part numbers underlined and in blue are hyperlinks to datasheets with more detailed information. 26227 Research Road, Hayward, California 94545-3725
Phone: (510) 259-1334 Toll Free: (800) 486-6684
[email protected] www.hsq.com [email protected]
Effective November 1, 2022
Contacts
Chris Cornejo
Title
Parts and Production Manager
[email protected]

EXHIBIT B
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An Equal Opportunity Employer Page 2 of 6 California Contractor’s License #378393 Building the Technology that Drives Smarter Systems
Logic Processors (RTUs)
Part No. Description List Price
8600-3343F 25x86 Logic Processor – Standard (two buses with two Ethernet ports) · · · · · · · · · · · · · · · · · · $2,200.00 8600-3343L 25x86 Logic Processor – Low Power · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $2,200.00 8601 Bus Board (Replacement)··································································$650.00 8602 Control Board (Replacement) · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $800.00 8600-386X Latest CPU Exchange for 386 or 486 CPU · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $900.00 8600-V8 Version 8 Software Upgrade (only available for 9579 and 9588 processors) · · · · · · · · · · · · · · · · $350.00 CPF-UP Compact Flash Upgrade · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Call for pricing 6000/6200 Series Remote I/O Modules for 25x86 and 1000 RTUs Part No. Description List Price
HSQ-6015 7-Channel RTD Input Module · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $675.00 HSQ-6017 8-Channel Analog Input / 2-Channel Digital Output Module · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $570.00 HSQ-6018 8-Channel Thermocouple Input / 8-Channel Digital Output Module · · · · · · · · · · · · · · · · · · · · · · · $785.00 HSQ-6050 12-Channel Digital Input / 6-Channel Digital Output Module · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $410.00 HSQ-6051 12-Channel Digital Input / 2-Channel Digital Output or 2-Channel Counter Input Module · · $410.00 HSQ-6052 8-Channel Digital Input / 8-Channel Digital Output · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $440.00 HSQ-6060 6-Channel Digital Input / 6-Channel Relay Module · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $460.00 HSQ-6066 6-Channel Digital Input / 6-Channel Power Relay Module · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $400.00 HSQ-6217 8-Channel Analog Input Module · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $605.00 HSQ-6224 4-Channel Analog Output / 4-Channel Digital Input Module · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $645.00 HSQ-6250 8-Channel Digital Input / 7-Channel Digital Output Module · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $430.00 HSQ-6256 16-Channel Digital Output Module · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $430.00 HSQ-6260 6-Channel Relay Output Module · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $430.00 HSQ-6266 4-Channel Digital Input / 4-Channel Relay Output Module · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $430.00 2500 - 25x86 Series Interface Boards
Part No. Description List Price
1046 8-Channel Digital DC Input Board · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $215.00 1047 8-Channel Digital DC Output Board · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $240.00 1332 8-Channel Relay Output Board · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $310.00 8646 12-Channel DI/12-Channel DO Termination Board (25x86 Only) · · · · · · · · · · · · · · · · · · · · · · · · · · · $450.00 #2..
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An Equal Opportunity Employer Page 3 of 6 California Contractor’s License #378393 Building the Technology that Drives Smarter Systems
2500 - 25x86 Series Expansion Boards
Part No. Description List Price
2507 4-Channel Analog Output Board · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $890.00 2535 4-Channel Digital Input to Analog Input Adapter Board · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $90.00 2508 32-Channel Analog Input Board ························································· $1,350.00 2509 32-Channel Digital Input Board · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $530.00 2534 32-Channel Intelligent Digital Input · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $1,100.00 2533 32-Channel Digital Output · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $610.00 2548 16-Channel Relay Digital Output · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $550.00 2569 16-Channel Digital Input / 16-Channel Digital Output Board · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $690.00 1368 ‡ Digital Input Conversion Expansion Board (125 VDC in) – Left Entry · · · · · · · · · · · · · · · · · · · · · · · · · $280.00 1369 ‡ Digital Input Conversion Expansion Board (125 VDC in) – Right Entry · · · · · · · · · · · · · · · · · · · · · · · $280.00 ‡ – For use with the 2509 and 2534 Expansion Boards.

System Products
Part No. Description List Price
2511 Power Box Assembly · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $150.00 2585 RTU Battery Backup Controller · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $490.00 CP10.241-S1 Power Supply ( 24 VDC / 10 Amp) – DIN Rail · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $265.00 2572 Communications Board — provides 2 serial ports and indicator lights for 6000 series RTUs and the HSQ-1110 RTU (uses 2 serial ports) · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $160.00 2592 Communications Board — provides 4 serial ports and 1 Ethernet port for 25x86 RTUs (9579, 9588, and 3343 processors only) · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $225.00 PTA Pulse to Analog Card — converts a DO pulse duration to an analog value · · · · · · · · · · · · · · · · · $150.00 HSQ-RX2800 HSQ Integrity rx2800 i6 Server/Workstation: w/ VMS Keyboard and Mouse, 24” LCD Monitor, HSQ-RXPWR2
HSQ-XVIEWWRKPRO
16 GB RAM, 147 GB Hard Drive, DVD/CD ROM Drive, Graphics Port, Pedestal Mount; Configured (excludes HSQ MISER license and OpenVMS Operating System software) Call for Pricing Redundant Power Supply for HSQ-RX2800 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Call for Pricing MISER XView for Windows Professional Workstation · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · HSQ-SYS-146 146 GB System Disk (configured) · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · HSQ-HST-300 300 GB History Disk (configured) · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · HSQ-5ES Five (5) Port Ethernet Switch (Moxa) (Unmanaged Switch) · HSQ-6ES Six (6) Port Ethernet Switch (Moxa) (Managed Switch) · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · HSQ-TS1 Terminal Server (Moxa) · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · HSQ-TELE8HR Telephone Support, Basic (eight hours a day, five days a week) · · · · · · · · · · · · · · · · · · · · · HSQ-TELE24HR Telephone Support, Complete (twenty-four hours a day, seven days a week) · · · · · · · · Call for Pricing
Call for Pricing
Call for Pricing
Call for Pricing
Call for Pricing
Call for Pricing
Call for Pricing
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An Equal Opportunity Employer Page 4 of 6 California Contractor’s License #378393 Building the Technology that Drives Smarter Systems
Communication Cables
Part No. Description List Price
HSQ-6000R Communication Ribbon Cable (HSQ-6000 to 2572) · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $100.00 HSQ-CBL1 Ribbon Cable (2 connectors, 1 foot length)················································ $100.00 RTUDIAG-CBL RTU Diagnostics Cable, connects 2500 series and x86 RTUs series to serial port··············$100.00 Software
Part No. Description List Price
HSQ-MISER-A MISER License (non-redundant server) · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Call for pricing HSQ-MISER-B MISER License (redundant server) · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Call for pricing HSQ-MISER-C MISER License (workstation) · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Call for pricing MISER-DR Standard MISER Device Driver (existing NCC) · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Call for pricing XVIEW-WIN XView for Windows (XView only, full client version) · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Call for pricing XVIEW-UP XView for Windows Upgrade (XView only, client upgrade version) · · · · · · · · · · · · · · · · · · Call for pricing WIN-XCD XView for Windows, Exceed Edition, Full Version (XView and XServer software) · · · · · · Call for pricing WIN-XCD-UP XView for Windows, Exceed Edition, Upgrade Version (XView and XServer software) · Call for pricing HSQ-TALK MISERtalk Software (Email Notification / Text Message) · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Call for pricing HSQ-VCL MISER VisualCL Software (Server) · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Call for pricing HSQ-VCLW VisualCL Software for Windows (Client) · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Call for pricing HSQ-POR MISER Web Portal · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Call for pricing HSQ-POR-UP MISER Web Portal Upgrade · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Call for pricing HSQ-SRV-WIN ODBC Server for Windows (database software) · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Call for pricing HSQ-ODBC ODBC Bridge for MISER (database software) · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Call for pricing HSQ-ODOC ODBC Bridge with Oracle for MISER · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Call for pricing HSQ-ODRD ODBC Bridge (redundant software) · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Call for pricing RTU-DIAG RTU Diagnostic Software (CD-ROM)
(Includes software, manual, and two (2) hours telephone support.) · · · · · · · · · · · · · · · · · · · · · · $1,050.00 #2..
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An Equal Opportunity Employer Page 5 of 6 California Contractor’s License #378393 Building the Technology that Drives Smarter Systems
Documentation
Part No. Description List Price
HSQ-MOM MISER Operator Manual · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $150.00 HSQ-TRM MISER Technical Reference Manual · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $175.00 HSQ-SYS MISER System Manual · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $150.00 HSQ-VCLM VisualCL Manual · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $150.00 HSQ-XVIEW XView for Windows Installation Manual · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $150.00 HSQ-XDRAW XDraw User Manual · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $150.00 HSQ-RTU86 HSQ Logic Processor and RTU User Manual · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $200.00 HSQ-DIAG RTU Diagnostic Manual · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $125.00 HSQ-CDR MISER Manuals on DVD · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $175.00 NOTE: Customers that purchase the product and/or existing customers receive documentation at no charge.

Repair Pricing
Repair pricing for HSQ products is based on time and material at a rate of $200.00 per hour. There is a $300.00 evaluation fee for all repair items. Shipping cost shall be added, depending on the size of repair order.

All parts returned for repair require a Return Material Authorization (RMA) number and a payment authorization, in the form of a purchase order (P.O.) or credit card authorization. A copy of the HSQ RMA form can be found on our website (www.hsq.com/RMA) or can be forwarded via email upon request.

Please contact Chris Cornejo or Karen Santos at (510) 259-1334 or email: [email protected] for an RMA number. 25x86 Logic Processor units may be returned as a complete unit. The repair price is dependent on the actual board failure within the unit.

NOTE: All repairs must be accompanied by an HSQ RMA number and purchase authorization, as stated above.

Evaluations and Repairs cannot be processed without having a customer issued purchase number or credit card purchase authorization.
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An Equal Opportunity Employer Page 6 of 6 California Contractor’s License #378393 Building the Technology that Drives Smarter Systems
Service Pricing Sheet
I. Field Service (Note 1)
Senior Service/Software Engineer · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $250.00/Hour Overtime · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $375.00/Hour Service Engineer (hardware and software) · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $200.00/Hour Overtime · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $300.00/Hour II. Jobsite Expenses (Note 2)
Lodging · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $225.00/Day Vehicle · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $100.00/Day Daily Stipend · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $150.00/Day III. Travel Expenses (Note 2)
Local Vehicle · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · $0.58/Mile Air Fare · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Call for Pricing IV. In-Transit Rates (per site visit)
Domestic (West Coast) One (1) Day · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Call for Pricing Domestic (East Coast) Two (2) Days · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Call for Pricing International Three (3) Days · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Call for Pricing V. Parts and Materials
A/R · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Call for Pricing Notes

1. Field service rates are based on an eight (8) hour weekday, exclusive of any travel and/or living expenses. A minimum of four (4) hours shall be billed for all field requests.

2. Jobsite/travel expenses are estimated for budgeting purposes only. Actual amount billed will be cost plus a twenty percent (20%) administration fee. #2..
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1 SOLE SOURCE # 2223-03
REMOTE TERMINAL UNITS (RTU’S), CIRCUIT

BOARDS, PARTS & SERVICE FOR MISER SCADA
SYSTEM

BID FORM F - FINANCIAL INTEREST DISCLOSURE
Any contract award to result from this IFB process and Bidder’s submission of a Bid therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Bidder until all person with a direct or indirect financial interest of greater than $2,000 in the Bidder are identified by name.

Bidder must therefore complete this Bid Form F – Financial Interest Disclosure, listing by name all parties that have a material financial interest in the agreement, contract or development right.

PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that City Council agenda items without the disclosure will be removed from the Council agenda.

Financial Interest Disclosure to City of Modesto
The Bidder shall identify any person with a financial interest in the Bidder by name, below.

For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.

Persons having an aggregate economic interest in the Bidder less than two thousand dollars ($2,000.00) at all times prior to final Council action of the proposed contract are not required to be listed on the Financial Interest Disclosure.

Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Bidder meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-

10.03(h) are satisfied.

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Bidder is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.
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2 SOLE SOURCE # 2223-03
REMOTE TERMINAL UNITS (RTU’S), CIRCUIT

BOARDS, PARTS & SERVICE FOR MISER SCADA
SYSTEM
Print Names of Persons Having a Financial Interest in Bidder Receiving this Agreement:

First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
By signing this document, I agree to the information contained within.

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:

HSQ Technology
Gus Jimenez
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

November 7, 2022
Date: November 4, 2022
TO: Economic Development Committee
Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
David Wright, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: Ordinance Repealing Title 5, Chapter 11 in its entirety and Repealing and Replacing Title 5, Chapter 5 of the Municipal Code relating to Solid Waste Collection
CONTACT: Rosene Salmo, Integrated Waste Program Manager, [email protected] 209-577-5453
DESCRIPTION:

Consider an Ordinance repealing Title 5, “Sanitation and Health,” Chapter 11 “Organic Waste Disposal” of the Modesto Municipal Code in its entirety, repealing and replacing Title 5, Chapter 5 “Solid Waste” of the Modesto Municipal Code, approving an updated cash security deposit schedule for Self-Haul charges, and forwarding to Council for approval. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

The recommended action is consistent with the Council’s Strategic Plan 2020-2025 - Quality of Life: “Engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto;” Goal D: “Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.” BACKGROUND:

Staff periodically reviews solid waste sections of the Modesto Municipal Code (MMC) to ensure that the terminology used accurately reflects current procedures and is consistent with both the solid waste industry and the Department of Resources Recycling and Recovery (CalRecycle1), the state regulatory agency overseeing recycling and waste management. 1 CalRecycle - https://calrecycle.ca.gov/
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Economic Development Committee, November 7, 2022
Ordinance Repealing Title 5, Chapter 11 in its entirety and Repealing and Replacing Title 5, Chapter 5 of the Municipal Code relating to Solid Waste Collection

DISCUSSION:

On November 9, 2021, by Ordinance No. 3740-C.S, Council approved the addition of Chapter 11 “Organic Waste Disposal” to Title 5 “Sanitation and Health,” of the MMC.

This new chapter brought the City into compliance with Senate Bill (SB) 13832.

Solid Waste staff reviewed the MMC and recommends amending Title 5, Chapter 5, to include Chapter 11 into the Solid Waste section of the MMC. Additionally, changes have been made to Title 5, Chapter 5 that standardize solid waste definitions, add the requirements of new Solid Waste Services adopted by City Council on June 14, 2022 under Resolution 2022-276, and add new codes defining the Shared Can Program, Enclosures Required, Multifamily Bulky Item Program. The following proposed changes have been reviewed and approved by the City Attorney’s Office. The list of notable changes are:
 Merge Title 5, Chapter 11 into Title 5, Chapter 5
o All section numbers in Title 5 Chapter 5 have changed as part of this merge  5-5.103 “Definitions”
o Modify current definitions to align with CalRecyle standards  5-5.105 (New Code) “Segregations and Disposition of Solid Waste Materials” o Clarify that generators must source separate their garbage, organics, and recycling
 5-5.106 (Formerly 5-5.105) “Illegal Dumping, Depositing or Burying Solid Waste” o Update to include participation in the multi-family bulky item program  5-5.107 (Formerly 5-5.112) “Explosives or Hazardous Materials” o Add fines to align with the illegal dumping fine
 5-5.108 (Formerly 5-5.106) “Accumulation of Garbage, Recycling or Organic Waste” o Add recycling container and update to reflect that the organic container and recycling container may only be service every other week at minimum  5-5.109 (Formerly 5-5.108) “Garbage, Recycling, Organic Waste and Swill Collection Requirements”
o Add recycling and define that services shall be at minimum every other week  5-5.111 (Formerly 5-5.109) “Number of Containers Required” o Add the recycling container to the required collection services  5-5.112 (New Code) “Shared Solid Waste Containers”
o Define shared service between neighbors and businesses and clarify who is eligible to share service
 5-5.113 (New Code) “Enclosures Required”
o Define that commercial businesses constructed, enlarged, or structurally altered after January 1, 2023 must have enclosures and define requirements  5-5.119 (New Code) “Ashes, stable matter and contaminate matter” o Clarify that above materials shall not be placed into garbage, recycling, or organic containers without proper handling
 5-5.121 (Formerly 5-5.111) “Container Collection Locations” 2 https://calrecycle.ca.gov/organics/slcp/
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Economic Development Committee, November 7, 2022
Ordinance Repealing Title 5, Chapter 11 in its entirety and Repealing and Replacing Title 5, Chapter 5 of the Municipal Code relating to Solid Waste Collection

o Add section c) stating the authority of the City to close alleys to solid waste service as needed due to safety concerns and/or size restrictions for collection vehicles
 5-5.129 (Formally 5-5.117) “Agreement to Collect Solid Waste” o Add recycling and bulky items to the list of materials only a franchised hauler can remove
 5-5.130 (Formally 5-5.118) “Self-haul requirements”
o merged with requirements under Title5, Chapter 11 “Organics Waste” to meet all the requirements set forth by CalRecycle SB1383
 5-5.157 (New Code) “Multifamily Bulky Item Collection Program” o Establish the Multifamily Bulky Item Collection Program and add a list of acceptable and unacceptable material for the new program On February 24, 1998, Council approved a Resolution establishing a schedule of cash security deposits to be charged to residents and businesses for self-haul of solid waste in the City of Modesto. The security deposit is placed in trust with the City Finance Department and held until the Customer resumes garbage service, or no longer holds interest in the property for which the self-haul was requested.

Staff has reviewed the security deposit schedule and recommends updating it to bring the deposit in-line with the current maximum rate structure approved annually by Council.

The updated schedule would set the deposit for residential self-haul to be 60 months multiplied by the current maximum monthly rate at the time of approval and set the deposit for commercial self-haul to be (Maximum Rate 1 Cubic Yard) x (Number of cubic yards in bin(s)) x (number of pick-ups per week) 12 x 9.9%. The updated schedule will also establish an annual Assembly Bill 939 fee of 9.9% to both residential and commercial self-haulers to cover costs associated with integrated waste programs and will require a renewal of the self-haul program to be every three years.

FISCAL IMPACT:

The security deposit is placed in trust with the City Finance Department and held until the Customer resumes garbage service, or no longer holds interest in the property for which the self-haul was requested. The annual 9.9% fee (AB 939 franchise fee) will be distributed between the general fund and the streets fund.

STAFF RECOMMENDATION:

Motion approving an Ordinance repealing Title 5, “Sanitation and Health,” Chapter 11 “Organic Waste Disposal” of the Modesto Municipal Code in its entirety, repealing and replacing Title 5, Chapter 5, “Solid Waste” of the Modesto Municipal Code, approving an updated cash security deposit schedule for Self-Haul charges, rescinding Resolution No. 98-113 and forwarding to Council for approval.

Approved by:

Bill Sandhu, Public Works Director
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Economic Development Committee, November 7, 2022
Ordinance Repealing Title 5, Chapter 11 in its entirety and Repealing and Replacing Title 5, Chapter 5 of the Municipal Code relating to Solid Waste Collection

Joseph P. Lopez, City Manager
Attachments:

1. MMC Title 5, Chapter 5 – Redlines

2. MMC Title 5, Chapter 5 – Clean

3. Reso No. 98-113- Establishing a Schedule of Cash Security Deposits for Self-Haul #3..
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TITLE 5 - SANITATION AND HEALTH
Chapter 5 SOLID WASTE
Modesto, California, Code of Ordinances Created: 2022-04-07 15:16:19 [EST] (Supp. No. 60)

Chapter 5 SOLID WASTE
Article 1. Solid Waste
5-5.101 Declaration of Policy.

The accumulation, collection, removal and disposal of solid waste must be controlled by the City for the protection of the public health, safety and welfare. The Council finds that to give effect to this policy, a comprehensive system for the periodic collection, removal and disposal of solid waste from all premises in the City is essential and benefits all occupants of premises in the City, and, therefore, all such occupants are required to provide for removal or collection of solid waste from all premises in the City in accordance with the provisions of this chapter.
(Ord. 30-C.S., amended by Ord. 1095-C.S., Ord. 3018-C.S., § 1 and Ord. 3067-C.S., § 1, formerly 5-5.01, amended by Ord. 3471-C.S., § 1)
(Ord. 3634-C.S., § 1, effective 10-1-15)
5-5.102 Penalty Provisions.

A violation of any provision of this chapter shall be punishable as an infraction as set forth in Section 1-2.01 of this Code, except where provisions of this chapter specifically make such violation a misdemeanor. (Formerly 5-501.01, added by Ord. 1689-C.S., § 2, amended by 3018-C.S., § 1 and Ord. 3067-C.S., § 1, formerly 5-

5.02, amended by Ord. 3471-C.S., § 1)
(Ord. 3634-C.S., § 1, effective 10-1-15)
5-5.103 Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
(a) "AB 341" means Assembly Bill 341 of 2011 approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time. a) "AB 1826" means Assembly Bill 1826 of 2014 approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of #3..
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Created: 2022-04-07 15:16:18 [EST]
(Supp. No. 60)

Division 30 of the Public Resources Code, as amended, supplemented, superseded, and replaced from time to time.
b) "Administrative Citation" means a document issued by an enforcement officer to a person violating the provisions of Modesto Municipal Code or applicable state codes. c) (b) "Annexation" means the legal process of including new territory within the incorporated boundaries of the City.
(a)
d) “Backhaul” means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment. e) "Black container" means the container used for the purpose of storage and collection of Garbageof Garbage.
“Black container waste” means solid waste that is collected in a black container that is part of a three-container recycling and organic waste collection service that prohibits the placement of organic waste and recyclables in the black container.
(b)f) “Blue Container’ means the container used for the purpose of storage and collection of source separated recyclable materials.
(c) "Black container" means the container used for the purpose of storage and collection of black container waste.
"Black container waste" means solid waste that is collected in a black container that is part of a twocontainer organic waste collection service that prohibits the placement of organic waste in the black container.
g) "Bulky items" means discarded: furniture; carpets; mattresses; household appliances including refrigerators, ranges, washers, dryers, water heaters, and dishwashers and other similar items (commonly known as "white goods");
(d) Bulky items does not include electronic equipment such as stereos, televisions, computers, and VCRs and other similar items (commonly known as "brown goods"); clothing; tires; and oversized yard wastes such as tree trunks and branches not exceeding two feet in diameter and four feet in length. Bulky goods does not include any motor vehicle or any subassembly, component or part thereof (except tires).
h) “Bulky Item Collection Program” means a program for customers of residential and multi-family units to participate twice annually by appointment in the collection of Bulky Items i) (e) "CalRecycle" means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations.
j) "California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
k) "Cannery or food processing waste" means the solid residues resulting from canning/food processing operations, which is segregated by the generator and which is collected for reuse. #3..
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Created: 2022-04-07 15:16:18 [EST]
(Supp. No. 60)

l) “Cart” means a wheeled container provided by the hauler and intended for automated solid waste collection, which is a type approved by the CITY and has a capacity of 96 gallons with an attached, tight-fitting lid.
m) (f) "Collection" means the collection and transport of solid waste. n) (g) "Collection routes" means streets or areas designated for collection on a particular day/schedule. o) (h) "Collection vehicle" means any vehicle used by the collector for the collection of solid waste. p) (i) "Collector" or “Hauler” means a person or firm authorized by a valid service agreement with the City of Modesto to collect solid waste within the City limits. q) (j) "Commercial" or “Commercial Business” means occurring in a business zone. means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling with 5 or more units, or as otherwise defined in 14 CCR Section 18982(a)(6).
r) (k) "Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible Food Generator as defined herein or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7). s) "Commercial Waste Generator" means a business subject to subdivision (a) of Section 42649.2 of the Public Resources Code.
t) (l) "Compliance Review" means a review of records by the City to determine compliance with this ordinance.
u) "Community Composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
v) "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this ordinance, that "Compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility. w) "C&D" means construction and demolition debris.
(a) Recyclable and non-recyclable waste building materials, packaging and rubble resulting solely from construction, remodeling, repair and demotion operations on any house, residential property, commercial building, pavement or other structure for which the City requires a building or demolition permit issue. (b) Rock, concrete, asphalt and dirt.
(c) Construction and Demolition Debris may include materials that have been Source Separated.
x) "Construction and demolition sites" means sites where construction or demolition activities are taking place.
y) (m) "Container Contamination" or "Contaminated Container" means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
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"“Containerized small green waste" means small green waste set out for collection in a standard container. z) (n) "Customer" shall meanmeans any person, firm or corporation receiving service under the provisions of this chapter.
aa) (o) "Designee" means an entity that the City contracts with or otherwise arranges to carry out any of the City's responsibilities of this ordinance as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities. bb) "Designated collection location" means Any container designated by posted signs, marked or labeled as a container for a specified material type. And any place where an authorized collector has contracted to collect Solid Waste or material segregated from other waste material, including the curbside of a Residential Premises or the service alley of a Commercial Business. (z)
cc) "Designated recycling collection location" means the location where an authorized recycling collector has agreed with a customer to pick up segregated recyclable materials as approved by the Public Works Director.
dd) (p) "Detachable containerBin" means a container, watertight and with a cover, designed for direct dumping into a collection vehicle, and constructed in standard sizes with a minimum of one (1) cubic yard in capacity, as approved by the Public Works Director, and furnished by a collector. ee) (q) "Disposal" means the final disposition of solid waste at a solid waste facility. ff) (r) "Drop box container" means a metal box designed for loading upon a vehicle for transportation to a solid waste facility, with a minimum of ten (10) cubic yards' capacity, of a design approved by the Public Works Director, and furnished by a collector. gg) (s) "Edible Food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), "Edible Food" is not Solid Waste if it is recovered and not discarded. Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code. hh) "Enforcement Action" means an action of the City to address non-compliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
ii) "Excluded Waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in City's, or its designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose City, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multi-family solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.
jj) "Exclusive Service Agreement" means- aAn agreement held by the City for the collection collect of commercial and residential garbage/recyclables and containerized organic waste. As of the effective #3..
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date of this ordinance, tThe City holds an exclusive service agreements with Bertolotti Disposal Service and Gilton Solid Waste Management.
kk) "Finance Director" means the Finance Director of the City of Modesto or his/her designee. ll) (t) "Food Distributor" means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22). mm) "Food Facility" has the same meaning as in Section 113789 of the Health and Safety Code. nn) "Food Recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). oo) "Food Recovery Organization" means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(a) A food bank as defined in Section 113783 of the Health and Safety Code; (b) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
(c) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A food recovery organization is not a commercial edible food generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance.
pp) "Food Recovery Service" means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). qq) "Food Scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are source separated from other food scraps. rr) "Food-Soiled Paper" is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
ss) "Food Waste" means food scraps and food-soiled paper. tt) "Garbage" means any solid, liquid, semisolid, cooking oil, non-organic garbage, diapers and soiled bathroom tissue, animal feces, animal litter and bedding, feminine hygiene products, plastic bags, styrofoam, or contained gaseous discarded material that is not excluded by this chapter or by regulations adopted pursuant to this chapter. Garbage does not include materials that are separated and set aside for Recycling or Composting and does not include Hazardous Material. (u) "Garbage/recyclables" means garbage and recyclables commingled in the same container.

Garbage/recyclables shall also include rubbish when said rubbish is included in the same container. #3..
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uu) (v) "“Green container" means the container used for the purpose of storage and collection of source separated organic waste. means the container used for the purpose of storage and collection of organic waste.
vv) (w)"Hauler Route" means the designated itinerary or sequence of stops for each segment of the City's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5). ww) "Hazardous materials, Hazardous substance or hazardous wastes" means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State of California in the Health and Safety Codes or in future amendments to or recodifications of such statutes, or identified and listed as hazardous waste by the U.S. Environmental Protection Agency pursuant to the Federal Resource Conservation and Recovery Act and all future amendments thereto. xx) (x) "Household hazardous waste" means hazardous waste generated at a residential location within the City. It includes but not limited to, leftover household products that can catch fire, react, or explode under certain circumstances, or that are corrosive or toxic as household hazardous waste.

Products, such as paints, cleaners, oils, batteries, and pesticides can contain hazardous ingredients and require special care when you dispose of them.
yy) "Illegal dumping" means the willful, intentional or negligent depositing, throwing, dropping, placing or dumping of solid waste or hazardous materials on public or private property that is not expressly designated for the purpose of disposal or dumping of solid or hazardous materials. "Illegal dumping" does not include littering, discarding or dropping small quantities of solid waste ordinarily carried on or about the person, or escaping from trash containers or garbage carts including but not limited to, beverage containers and closures, packaging, wrappers, wastepaper, newspapers and magazines. zz) (y) "Industrial areas" means areas which are zoned industrial by the City's Zoning Code as defined in Title 10 of the Modesto Municipal Code..
aaa) (z) "Industrial garbagewaste" means garbage solid waste produced by any person, firm or corporation engaged in the business of processing or manufacturing agricultural products, animals, poultry, goods, wares or other products or materials, who processes or manufactures the same for the purpose of wholesale in processed or manufactured form, and shall include cannery/food processing waste. Industrial garbage also means garbage produced by any person, firm or corporation engaged in the business of building construction and/or building demolition. bbb) (aa) "Industrial garbage waste collector" means an agent or employee of the City, or any person, or the employees thereof, with whom an agreement shall have been entered under the terms of this chapter for the collection of industrial garbagewaste. ccc) (ab) "Initial term and any extensions" means the term of a service agreement and any extensions beyond that time period as established by the City Council. ddd) (ac) "Inspection" means a site visit where the City reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35).
eee) "City" means the City of Modesto.
fff) "Enforcement Official" means the City Manager, Public Works Director, or their authorized designee(s) who is/are responsible for enforcing the ordinance. ggg) "Local Education Agency" means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
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hhh) "Large green waste" means shrubbery, brush, tree limbs, tree branches, tree trimmings and similar material, excluding tree limbs larger than six (6) feet in length or six (6) inches in diameter, and any single piece of large green waste weighing more than fifty (50) pounds. iii) “Litter” means all solid waste which has been improperly discarded or which has 13 migrated by wind or equipment away from the operations area. Litter includes, but is 14 not limited to, convenience food, beverage, and other product packages or 15 containers constructed of steel, aluminum, glass, paper, plastic, and other natural 16 and synthetic materials, thrown or deposited on the lands and waters of the state.
jjj) (ad) "Multi-Family Residential Dwelling" or "Multi-Family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses. kkk) "Non-Organic Recyclables" means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
lll) "Notice of Violation (NOV)" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. and Title 5 Chapter 5 of the Modesto Municipal Code. "Organic waste" means food waste, cardboard, paper waste, and small green waste. mmm) (ae) "Organic recycling container" means an organic recycling container to be used for the source separatseparation, storage e and collection of and recycling of small green waste and organic waste. Organic recycling container shall also mean a detachable or other container as approved by the Public Works Director, used for the collection and recycling of small green waste from commercial or other customer classes.
nnn) (af) Organic waste" means food waste, cardboard, paper waste and small green waste as defined in 5-5.103(ap). means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, inedible food, small green waste, and pruning waste, lumber, wood, paper products, printing and writing paper, and cardboard. as defined in 5-5.103(ap).
ooo) “Organic waste disposal reduction target” is the statewide target to reduce the disposal of organic waste by 75 percent by 2025, based on the 2014 organic waste disposal baseline, set forth in Section 39730.6 of the Health and Safety Code.
ppp) "Organic waste generator" means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48). qqq) "Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
rrr) "Place" or "Premises" means every dwelling house, dwelling unit, apartment house or multipledwelling building, trailer or mobile home park, store, restaurant, rooming house, hotel, motel, hospital, office building, department store; manufacturing, processing or assembling shop or plant; warehouse; and every other property or building where any person resides or any business or activity is carried on or conducted within the City of Modesto. sss) (ag) "Printing and Writing Papers" include, but are not limited to, copy, xerographic, watermark, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index #3..
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cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
ttt) "Prohibited Container Contaminants" means the following:
(a) Discarded materials placed in an organic container that are not identified as acceptable source separated organic waste for the City's green container organic container. (b) Discarded materials placed in the black container that are identified as acceptable source separated green container organic waste or blue container recycling waste. (c) Discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the blue container recycling waste. (d) Excluded waste as defined in 5-11.102(p) placed in any container. uuu) "Property value" means a worth to the extent that a person will collect the materials involved with compensation to the owner or producer, or at no cost to the owner or producer. vvv) (ah) "Public Works Director" means the Public Works Director of the City of Modesto and/or his/hertheir duly authorized agent.
www) (ai)"Recovered organic waste products" means products made from California, landfill-diverted recovered organic waste processed atin a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
xxx) "Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
yyy) "Recyclable materials" “Recyclables” means domestic, commercial or industrial materials which are segregated from other waste material. Recyclables are by-products which may have an economic value if recycled, which may be source separated, set aside, handled, packaged or offered for collection by the residence/business. Recyclables include, but are not limited to, glass, clean cardboard, plastics, metal, bi-metal, aluminum, and other materials. (aj) "Recyclables" means recyclable materials.
zzz) (ak) "Recycled-Content Paper" means paper products and printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
aaaa) "Recycling" means the process of collecting, sorting, cleansing, treating, reconstituting, and/or marketing recyclable materials which would otherwise be disposed of in a landfill. The collection, transport or disposal of Ssolid waste which is not intended for, or capable of being, reused, shall not be construed to be Rrecycling.
bbbb) "Recycling center" means a facility or site which accepts segregated or commingled recyclable materials for the purpose of recycling and shall include a facility or site established pursuant to the California Beverage Container Recycling and Litter Reduction Act, California Public Resources Code, Section 14500 et seq. In order to be a recycling center, the facility or site must be in conformance with all applicable federal, state and local laws and regulations. cccc) (al)"Recycling collector" means a person, firm, organization or company which the City has authorized to provide recycling service in the City.
dddd) (am) "Recycling container" means any container provided by an authorized recycling Ccollector to a Ccustomer for the purpose of segregating recyclable materials for collection by #3..
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collector. Recycling containers shall be clearly marked to indicate purpose and to warn that theft of the container, theft of its contents, or diversion for uses other than by the collector are punishable under this Code.
eeee) (an) "Removal" means transportation and disposal of Ssolid waste by noncustomers in accordance with the provisions of this chapter.
ffff) (ao) "Residential premises" means any dwelling unit; the occupant of which places his/her solid waste in a standard container.
gggg) (ap) "Route Review" means a visual inspection of containers along a Hauler Route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65). hhhh) "Rubbish" means nonputrescible, useless, unused, unwanted or discarded material or debris, either compostable or noncompostable, which by their presence may injuriously affect the health, safety and comfort of persons and property in the vicinity thereof. iiii) (aq) "SB 1383" or “SB 1383 Regulations” or “SB 1383 Regulatory” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this ordinance, the short-lived climate pollutants: Organic waste reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
jjjj) "Salvageable waste" means matter and material which will be reused and which has a property value.
kkkk) (ar) "Self-Hauler" means a person, who hauls solid waste, organic waste or recyclable material he or shethey have has generated to a Transfer/processing station another person. Selfhauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
llll) "Service area" means the area of the City to be served by a collector as described in the service agreement between City and Ccollector.
mmmm) (as) "Single-Family" or "Single-family dwelling" means of, from, or pertaining to any residential premises with fewer than five (5) units.
nnnn) "Small green waste" means leaves, weeds, grass clippings, vines, twigs and other similar soft vegetative materials, and woody prunings from trees no longer than two (2) foot length or six (6) inches in diameter, except that small green waste shall not include large green waste or leaves separated and set out for collection between November 1 and December 31 of each year pursuant to Article 11 of Chapter 7 of Title 4 of this Code.
oooo) (at) "Solid waste" means all putrescible and nonputrescible solid, semisolid and liquid waste accumulated or delivered for collection and disposal within the City and includes, but is not limited #3..
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to, garbage, trash, recycling, organics, refusepaperrubbish, ashes, industrial wastes, demolitions and construction wastes debris, demolition debri, discarded home and industrial appliances, s, and bulky waste.
(a) Solid waste does not include:
(a) hHazardous waste or household hazardous waste, designated waste, , as defined in the StateCalifornia Public Resources Code Section 40141. (b) iInfectious waste, waste fecal matter such as: blood, body fluids, sharps waste, and human specimens.
(c) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
(d) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
(e) rRecyclable materials when recycled,
(f) sSewage, or
(g) Aabandoned automobiles.
pppp) (au) "Solid Waste Enforcement Officer" means the Solid Waste Enforcement Officer of the City of Modesto.
qqqq) (av) "Solid Waste Enforcement Supervisor" means the Solid Waste Enforcement Supervisor of the City of Modesto.
rrrr) “Solid Waste Enclosure” means a walled structure with a solid cover for the storage of Solid Waste with a drainage system connected to the sanitary sewer and wash system that are adequate to accommodate anticipated waste generated at the Premises. ssss) “Solid Waste Room” means an enclosed and ventilated space with a drainage system connected to the sanitary sewer and wash system that are adequate to accommodate anticipated waste generated at the Premises.
tttt) (aw) “Source SeperationSeparation” or “Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4).

For the purposes of the ordinance, Source Separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste/Mixed Waste or other Solid Waste for the purposes of collection and processing.
uuuu) “Source Separated Blue Container for Recyclables” means Source Separated Recycling that is intended for the separate collection of recycling by the generator, excluding Organic Waste and garbage.
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vvvv) “Source Separated Green Container for Organic Waste” means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated recyclables, garbage, carpets, NonCompostable Paper, and textiles. wwww) “Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste.
xxxx) "Standard container" means a black or , blue or, green, plastic containercart, watertight and with a close-fitting cover, of not less than sixty (60) notr more than ninety (90) gallons' net capacity of a design satisfactory to the Public Works Director, or such other disposal unit approved by the Public Works Director, and supplied by the solid waste collector to its residential and commercial customers. The Public Works Director shall make the determination of what size container a residential and commercial customer receives.
yyyy) (ax) "State" means the State of California.
zzzz) "Swill" means all classes of putrescible, animal, fish, fowl, fruit or vegetable matter, and shall include matter or substances used in the preparation, cooking, dealing in or storage of meats, fowl, fish, fruits and vegetables that are subject to immediate decay and the attraction of flies or rodents, and having a property value.
aaaaa) (ay) "Swill collector" means an agent or employee of the City, or any person, or the agents, assignees, or employees thereof, with whom an agreement shall have been entered under the terms of this chapter for the collection of swill.
bbbbb) "Tier One Commercial Edible Food Generator" means a commercial edible food generator that is one of the following:
1) Supermarkets with a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
2) Grocery stores with a total facility size equal to or greater than ten thousand (10,000) square feet defined as a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30). 3) Food service provider defined as an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
4) Food distributor defined as a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
5) Wholesale food vendor defined as a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76). ccccc) "Tier Two Commercial Edible Food Generator" means a commercial edible food generator that is one of the following:
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(a) Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.
(b) Hotel with an on-site food facility and two hundred (200) or more rooms. (c) Health facility with an on-site food facility and one hundred (100) or more beds. (d) Large venue defined as a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one (1) large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this ordinance.
(e) Large event defined as an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand (2,000) individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance. (f) A State agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet. (g) A local education agency facility with an on-site food facility.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this ordinance.
ddddd) (az) "Term" means the length of an agreement entered under the terms of this chapter. eeeee) "Transfer/processing station" means a facility or site where solid wastes are transferred from hauling vehicles to transfer vehicles and the solid waste or a portion thereof may undergo incidental processing, recycling or further handling before transport to a disposal facility or other waste handling facility, and includes a facility or site where solid wastes are subject to processing operations involving reduction, separation, resource recovery or conversion. The facility or site is operating pursuant to a solid waste facility permit issued pursuant to Chapter 3 of Part 4 of Division 30 of the California Public Resources Code; and the facility or site is in conformance with all applicable federal, state and local laws and regulations including without limitation the applicable provisions of the Modesto Zoning Code contained in Modesto Municipal Code. (Formerly 5-5.02, Ord. 30-C.S., as amended by Ord. 388-C.S., Ord. 1095-C.S., Ord. 1196-C.S., Ord. 2194-C.S., § 1, Ord. 2595-C.S., § 1, Ord. 2611-C.S., § 1, Ord. 2938-C.S., § 1, Ord. 3018-C.S., § 1, Ord. 3067-C.S., § 1, Ord. 3129-C.S., § 3, Ord. 3365-C.S., § 2 and Ord. 3396-C.S., § 1, formerly 5-5.03, amended by Ord. 3471-C.S., § 1)(Ord. No. 3740- C.S., § 2, effective 12-23-21)
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(Ord. 3634-C.S., § 1, effective 10-1-15; Ord. 3699-C.S., § 1, effective 9-12-19; Ord. No. 3740-C.S., § 1, effective 12- 23-21)
5-5.104 Responsibility for compliance.

The primary responsibility for proper handling of solid waste generated or accumulated on any premises shall be on the generator of the solid waste. Should the generator refuse, neglect or fail to provide for the proper handling of solid waste in accordance with this chapter, the owner of the premises within or upon which the solid waste has been generated or accumulated shall provide for proper handling of the solid waste in accordance with the provisions of this chapter.
5-5.1054 Segregation and Disposition of Solid Waste Materials.

Every producer of solid waste mustay segregate the same into garbage, recycling, and organics, recyclables, garbage/recyclables,, containerized small green waste, industrial garbage, rubbish, and/or swill, and dispose of the the materials same as provided in this chapter.
(Formerly 5-5.03, Ord. 30-C.S., as amended by Ord. 388-C.S., Ord. 1095-C.S., Ord. 2194-C.S., Ord. 3018-C.S., § 1, and Ord. 3067-C.S., § 1, formerly 5-5.04, amended by Ord. 3471-C.S., § 1) (Ord. 3634-C.S., § 1, effective 10-1-15)
5-5.1065 Illegal Dumping, Depositing or Burying Solid Waste. (a) It is unlawful and shall constitute an abatable nuisance for any person to place solid wastegarbage, recycling, organic wastehazardous waste, large green waste, and/or small green waste, hazardous waste, and bulky items as defined in Sections 5-5.103(tts) 5-5.103 (aaaaz), 5-5.103 (nnnap), and 5-5.103(hhhan), 5-

5.103(nnnn), 5-5.103(ww), and 5-5.103(g), upon any public property or private property without the consent of the property owner, unless approved by the Public Works Director. This section does not apply to:
a) residential 1. customers participating in the Bulky Item Collection Program as defined in Section 5-

5.1043(h)
, and
b) 2. customers participating in the green waste and leaf collection as defined in 7-11Title 4, Chapter 7, Article 11 of the Modesto Municipal Code.
c) /or to solidgarbage waste, green waste, recycling, green, organic waste or hazardous waste placed dropped off at a permitted solid waste or composting facility approved for such use. b) Intent to remove the solid wastegarbage, recycling green organic waste or hazardous waste shall not constitute a defense to this offense.
(b) It is unlawful for any person to place hazardous waste as defined in Section 5-5.103(hhhwwt), into any garbage waste container, street, alley or public right-of-way. (c) It is unlawful for any person to place garbage, recycling, organics, large green waste, organic small green waste, or solid wastehazardous waste as defined in Sections 5-5.103 (tt), 5-5.103(aaaa), 5-5.103(nnn), 5-

5.103(hhh), 5-5.103(nnnn), and 5-5.103(ww), z, aa, and aq), into any garbage or garbage, recycling, or organic recycling container without the permission or consent of the person owning, renting or having legal control of that container.
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(d) Persons operating leaf blowers are to ensure that leaves, dirt and other debris are not blown onto public properties or public-right-of-way. All leaves, dirt and other debris generated by the leaf blower shall be removed and deposited into the appropriate containers
(e) The penalty for failure to comply with Section 5-5.1065 is as follows:
a. One thousand dollars ($1,000.00) for the first violation b. Fifteen hundred dollars ($1,500.00) for a second violation within a twelve (12) month period of the first violation; and
c. Two thousand dollars ($2,000.00) for a third violation within a twelve (12) month period of the second violation, and for each successive violation within the same twelve (12) month period. (Formerly 5-5.04, Ord. 30-C.S., as amended by Ord. 1095-C.S., Ord. 1196-C.S., Ord. 2611-C.S., § 1, Ord. 3018-C.S., § 1, Ord. 3067-C.S., § 1, Ord. 3129-C.S., § 3, Ord. 3365-C.S., § 2, and Ord. 3396-C.S., § 1, formerly 5-5.05, amended by Ord. 3471-C.S., § 1)
(Amended by Ord. 3534-C.S., § 1; Ord. 3634-C.S., § 1, effective 10-1-15; Ord. 3699-C.S., § 1, effective 9-12-19) Editor's note(s)—Ord. No. 3534-C.S., § 1, effective October 7, 2010, changed the title of Section 5-5.105 from "Depositing or Burying Solid Waste" to "Illegal Dumping, Depositing or Burying Solid Waste." The historical notation has been preserved for reference purposes.
5-5.10712 Explosives or Hazardous Materials.

No person shall deposit in any container used for solid waste, any explosive, highly flammable, radioactive or otherwise hazardous material or substance. A violation of this section shall be punishable as a misdemeanor or administrative fine.
(Formerly 5-5.12, Ord. 30-C.S., amended by Ord. 1095-C.S., Ord. 1689-C.S., § 1, Ord. 2194-C.S., § 1, Ord. 3018-C.S., § 1, and Ord. 3067-C.S., § 1, formerly 5-5.12, amended by Ord. 3471-C.S., § 1) The penalty for failure to comply with Section 5-5.1075 is as follows:
a. One thousand dollars ($1,000.00) plus the cost of disposal for the first violation b. Fifteen hundred dollars ($1,500.00) plus the cost of disposal for a second violation within a twelve (12) month period of the first violation; and
c. Two thousand dollars ($2,000.00) plus the cost of disposal for a third violation within a twelve (12) month period of the second violation, and for each successive violation within the same twelve (12) month period.
(Formerly 5-5.12, Ord. 30-C.S., amended by Ord. 1095-C.S., Ord. 1689-C.S., § 1, Ord. 2194-C.S., § 1, Ord. 3018-C.S., § 1, and Ord. 3067-C.S., § 1, formerly 5-5.12, amended by Ord. 3471-C.S., § 1) (Ord. 3634-C.S., § 1, effective 10-1-15)
5-5.1068 Accumulation of Garbage, Garbage/RecyclablesRecycling, orRecycling, or Organic Waste Small Green Waste, or Rubbish.

Every person occupying premises, every owner of any property, and every owner of multiple-dwelling buildings shall keep the same in a clean and sanitary condition, and shall not cause, suffer, or permit any garbage, garbage/recyclables, or small green waste recycling, or organic waste to accumulate on such premises or property #3..
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for a period in excess of one two (21) calendar weeks; or cause, suffer, or permit any rubbish to accumulate on their premises for a period in excess of one (1) calendar month; provided, however, that this provision shall not be construed to prohibit any person from keeping building materials on any premises or property during the period of active construction, reconstruction, or repair of a building or structure thereon under a current valid building permit; nor the neat storage of clean recyclables intended to be taken by the occupant to a recycling center, nor the keeping of wood, neatly piled, upon such premises for household use; nor the composting of grass or trimmings in a manner allowed pursuant to the Composting Regulations of the State of California. (Formerly 5-5.05, Ord. 30-C.S., amended by Ord. 1095-C.S., Ord. 1196-C.S., Ord. 3018-C.S., § 1, and Ord. 3067-C.S., § 1, formerly 5-5.06, amended by Ord. 3471-C.S., § 1)
(Ord. 3634-C.S., § 1, effective 10-1-15; Ord. 3699-C.S., § 1, effective 9-12-19) Editor's note(s)—Ord. 3634-C.S., § 1, effective Oct. 1, 2015, amended § 5-5.106 and in so doing changed the title of said section from "Accumulation of Garbage, Garbage/Recyclables, Yard Waste, or Rubbish" to "Accumulation of Garbage, Garbage/Recyclables, Small Green Waste, or Rubbish," as set out herein. 5-5.1079 Garbage, GarbageSolid Waste, /RecyclablesingRecycling,, Organic Waste, Small Green Waste, and/or Swill Collection Requirements.

1. Collection or removal of garbage, recycling, and organic waste solid waste(black container waste), garbage/recyclables, and small green waste shall be made at least once a every other week, Collection or removal of organic waste (green container waste) shall be made at least every other week.

Collection or removal of recyclables (blue container waste) shall be made at least every other week.

Collection of standard organic waste and recyclables will occur on opposite weeks.

2. and cCollection of swill shall be made daily.

3. Collectors shall transfer the contents of all containers into the correct collection vehicle provided therefore without spilling any contents.
(Formerly 5-5.06, Ord. 30-C.S., amended by Ord. 1095-C.S., Ord. 3018-C.S., § 1, and Ord. 3067-C.S., § 1, formerly 5-5.07, amended by Ord. 3471-C.S., § 1)
(Ord. 3634-C.S., § 1, effective 10-1-15; Ord. 3699-C.S., § 1, effective 9-12-19) Editor's note(s)—Ord. 3634-C.S., § 1, effective Oct. 1, 2015, amended § 5-5.107 and in so doing changed the title of said section from "Garbage, Garbage/Recyclables, Yard Waste, and/or Swill Collection." to "Garbage, Garbage/Recyclables, Small Green Waste, and/or Swill Collection," as set out herein. 5-5.10810 Containers Required.
(1) It shall be unlawful for any person occupying any premises within the City, or for any person, controlling or maintaining any premises within the City where solid waste is createdgenerated, produced, or accumulated, to fail or neglect to provide a sufficient number of each approved type of standard containers for receiving and holding, without leakage or escape of odors, all solid waste produced, createdgenerated, or accumulated upon such premises, except as hereinafter provided; and all such persons shall deposit all such solid waste in the correct containers, and all such containers shall be at all times kept in a good, usable and sanitary condition.
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(2) Containers shall be kept continuously closed except when solid waste is being placed therein or removed therefrom, and shall at all times be closed against the access of flies, rodents, and animals, and odors to the contents thereof.
((3) It shall be unlawful for any person to place anything other than garbage and rubbish in a black container or detachable container used for garbage.Garbage, rubbish and/or garbage/recyclables may be deposited in the same black container or detachable container used for black container waste. (4) It shall be unlawful for any person to place anything other than recycling in a blue container or detachable container used for recycling.
(5) It shall be unlawful for any person to place anything other than small green waste or organic waste in a green container or detachable container used for organic waste. (5) It shall further be unlawful for any person to place small green waste or organic waste in any black container or detachable container used for black container waste. (36) No standard container shall exceed one hundred (100) pounds in weight when filled for collection or removal, except when detachable or drop box containers are used. (Formerly 5-5.07, Ord. 30-C.S., amended by Ord. 1095-C.S., Ord. 1196-C.S., Ord. 2611-C.S., § 1, Ord. 3018-C.S., § 1, and Ord. 3067-C.S., § 1, formerly 5-5.08, amended by Ord. 3471-C.S., § 1) (Amended by Ord. 3499-C.S., § 1; Ord. 3634-C.S., § 1, effective 10-1-15; Ord. No. 3740-C.S., § 1, effective 12-23-21) 5-5.11109 Number of Containers Required.

All places or premises within the City shall have sufficient containers of the approved type to hold all garbage, garbage/recyclables recycling, and and small green waste/organic waste generated, produced or accumulated on the place or premises during a one (1) week period, unless a more frequent collection schedule has been approved or directed pursuant to this chapter. In determining the sufficiency of the number of containers required, the following minimum standards shall apply.
(a) (a) One (1)single family dwellings as defined in 5-5.103 (mmmm) : and two (2) family dwellings:,dwellings:
a. one (1) black standard container for garbage per dwelling unit for solid wastegarbage and b. one (1) blue standard container per dwelling unit for recyclables per dwelling unit, and c. one (1) green standard container per dwelling unit for small green waste and organic waste d. Authorization for a lesser number may be authorized by the Public Works Director or his/her designee. per dwelling unit.
(b) Three (3) or four (4) family dwellings:
one (1) black standard container per dwelling unit for solid waste one (1) blue standard container per dwelling unit for recyclables one (1) green standard container per dwelling unit for small green waste and organic waste Authorization for a lesser number may be authorized by the Public Works Director or his/her designee. one (1) black standard container per dwelling unit for garbage and recyclables, unless a lesser number is authorized by the Public Works Director, and one (1) green standard container for small green waste and organic waste per dwelling unit unless a lesser number is authorized by the Public Works Director #3..
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(b) (c) Apartment Houses and multiple Multi-Family Residential Ddwelling as defined in 5-5.103(jjj)XXXX and Motel, hotel, trailer park, or mobile home park buildings:
a. One (1) detachable containercontainer per building equivalent to one (1) black standard container per dwelling unit for solid wastegarbage
b. One (1) detachable containercontainer per building equivalent to one (1) blue standard container per dwelling unit for recyclables,
c. One (1) detachable containercontainer per building equivalent to one (1) green standard container per dwelling unit for small green waste and organic wasteone (1) black standard container per dwelling unit for garbage and recyclables, unless a lesser number is authorized by the Public Works Director and one (1) detachable container per building equivalent to one (1) green standard container per dwelling unit for small green waste and organic waste collection unless a lesser number is authorized by the Public Works Director d. Authorization for a lesser number may be authorized by the Public Works Director or his/her designee.
.
(d) Motel, hotel, trailer park, or mobile home park:

One (1) detachable container per building equivalent to one (1) black standard container per dwelling unit for solid waste and one
One (1) detachable container per building equivalent to one (1) blue standard container per dwelling unit for recyclables,
One (1) detachable container per building equivalent to one (1) green standard container per dwelling unit for small green waste and organic waste
Authorization for a lesser number may be authorized by the Public Works Director or his/her designee.

One (1) black standard container for garbage and garbage/recyclables per unit or space, unless a lesser number is authorized by the Public Works Director, and one (1) green standard container or detachable container for small green waste and organic waste per unit or space unless a lesser number is authorized by the Public Works Director.
(c) (e) Commercial place or premisesbusiness: not less than one (1) detachable container per building equivalent to one (1) black standard container for garbage and recyclables, and one (1) detachable container(s) unless a lesser number is authorized by the Public Works Director, and one (1) detachable container per building equivalent to one (1) green standard container or detachable container for small green waste and organic waste collection per building unless a lesser number is authorized by the Public Works Director.
a. One (1) detachable container container per building equivalent to one (1) black standard container per dwelling unit for solid waste and onegarbage b. One (1) detachable containercontainer per building equivalent to one (1) blue standard container per dwelling unit for recyclables,
c. One (1) detachable containercontainer per building equivalent to one (1) green standard container per dwelling unit for small green waste and organic waste d. Authorization for a lesser number of any container(s) may be authorized by the Public Works Director or his/her designee.
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(f) binEnclosures Required: For multifamily apartment houses, multiple dwelling buildings, commercial and industrial premises, one (1) enclosure per building in compliance with the Garbage Enclosure & Container standards set forth by the Council on August 9, 2005 (Resolution #2005-404), unless a lesser number is authorized by the Public Works Director.
e. Customers responsible for solid waste removal or collection services for apartment houses, multiple-dwelling buildings, commercial and industrial places or premises may arrange for the use of detachable containerbins and/or drop box containers instead of standard containers.

These arrangements shall be made with the collector on the basis of charges established for this purpose.

Nothing herein shall be construed to prohibit the joint use of a standard container, detachable container or drop box container by two (2) or more customers upon approval of the Public Works Director.
(Formerly 5-5.08, Ord. 30-C.S., amended by Ord. 388-C.S., Ord. 703-C.S., Ord. 1095-C.S., Ord. 3018-C.S., § 1, Ord. 3067-C.S., § 1, Ord. 3129-C.S., § 3, Ord. 3365-C.S., § 2, and Ord. 3396-C.S., § 1, formerly 5-5.09, amended by Ord. 3471-C.S., § 1)
(Amended by Ord. 3499-C.S., § 1; Ord. 3634-C.S., § 1, effective 10-1-15; Ord. 3699-C.S., § 1, effective 9-12-19; Ord.

No. 3740-C.S., § 1, effective 12-23-21)
5-5.112 Shared Solid Waste Containers- PermitContract required. a) No person shall store Residential Solid Waste on any Premises other than the Residential Premises where the Residential Solid Waste was generated except in accordance with a permitcontract issued pursuant to this Section.
b) No person shall collect Garbage, Organics, or Recyclables from a container shared by two (2) or more Multi-Family Dwelling units unless the Public Works Director has issued a contract pursuant to this Section authorizing the Residential Premises to share that container. c) The Public Works Director may issue a contract to authorize two (2) neighboring households to share Garbage, Organic, and Recyclable containers if all of the following conditions are satisfied:
a. The Owners of the adjacent residential property, or the Owners' agents, apply to the Director, in writing, for a contract to share Garbage, Organic, and recyclables containers. b. The application for the contract includes a written statement signed by the responsible party of each of the affected households, or the Owner's agents, designating which of the responsible parties will assume full responsibility for the payment of all charges for Solid Waste collection services made available to the affected household, designating which of the responsible party shall be responsible for the maintenance of the containers and the area in which the containers are placed, and designating, by address and assessor's parcel number, which of the affected households shall be subject to the special assessment procedures. c. The Director has determined that placement of Garbage, Organics, and Recyclable Materials in the shared containers can be accomplished without transporting the Garbage, Organics, or Recyclable Materials on or across any public street (excluding alleys between the affected Premises).
d. The Director has determined that space constraints at the households makes it difficult to site Garbage, Organic Materials, or Recyclables containers in such numbers and such sizes as will #3..
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accommodate the volume of Garbage, Organic Materials, or Recyclable Material generated at the Premises.
e. The Director has determined that the level of service is sufficient to sustain the number of people residing at the household.
f. The Director has determined that there is a financial hardship of the non-billed customer. g. The accounts requesting the shared service are in good standing with the City and Haulers. d) No person shall store Commercial Solid Waste on any Premises other than the Commercial Premises where the Commercial Solid Waste was generated except in accordance with a contractpermit issued pursuant to this Section.

No person shall collect Garbage, Organics, or Recyclables from a container shared by two (2) or more Multi-Family Dwelling Premises unless the Public Works Director has issued a permit pursuant to this Section authorizing the Residential Premises to share that container. e) The Public Works Director may issue a contractpermit to authorize up to four (4) neighboring two (2) or more commercial Dwelling Premises or two (2) or more bBusinesses to share Garbage, Organic, and Recyclable containers if all of the following conditions are satisfied:
a. The Owners of the adjacent Premises,Commercial Business, or the Owners' agents, apply to the Director, in writing, for a contractpermit to share Garbage, Organic, orand recyclables containers. b. The application for the permitcontract includes a written statement signed by the responsible party of each of the affected Premises, Bcommercial business, or the Owner's agents, designating which of the responsible parties will assume full responsibility for the payment of all charges for Solid Waste collection services made available to the affected Premisescommercial business, designating which of the responsible party shall be responsible for the maintenance of the containers and the area in which the containers are placed, and designating, by address and assessor's parcel number, which of the affected Premisescommercial business shall be subject to the special assessment procedures.
c. The Director has determined that placement of Garbage, Organics, and Recyclable Materials in the shared containers can be accomplished without transporting the Garbage, Organics, or Recyclable Materials on or across any public street (excluding alleys between the affected Premises).
d. The Director has determined that space constraints at the Dwelling Premisescommercial business makes it difficult to site Garbage, Organic Materials, or Recyclables containers in such numbers and such sizes as will accommodate the volume of Garbage, Organic Materials, or Recyclable Material generated at the Premises.
e. The Director has determined that the level of service is sufficient to sustain the number of persons per household.size of the commercial business.
f. The Director has determined that there is a financial hardship of the non-billed customer. g. The accounts requesting the shared service are in good standing with the City and Haulers. f) The Director may impose conditions on the permitcontract issued pursuant to subsection aA. or subsection bB., as determined by the Director to be consistent with the purposes and provisions of this Chapter. Such conditions may include, but are not limited to, restrictions on the number of containers, restrictions on the size or capacity of containers, and restrictions on the placement of the containers. #3..
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g) Upon written notice to the Owners of the dwellings or commercial businesses, or to the Owners' agents, the Director may revoke any permit contract to share Garbage, Organics, Recyclables containers given pursuant to subsection A. or B. above if the Director finds any of the following conditions exists:
a. The ownership of any of the affected Dwellings has changed. b. The space constraints which made it difficult to site Garbage, Organics, Recyclables containers sufficient to accommodate the volume of Garbage, Organics, and Recyclables generated at the Residential Premises no longer exist.
c. The sharing of containers is not in conformance with the conditions of the permitcontract. d. The bill for collection services made available at the Residential Premises remains delinquent for more than ninety (90) days.
e. The Solid Waste generated or accumulated on any of the Residential Premises is not handled in conformance with the requirements of this Chapter or applicable law. 5-5.113 Enclosures required.
a) All Solid Waste, Recyclable Material, or Organics Material produced on a Commercial Premises, or MultiFamily Dwellings, or Mixed Use Developments with a Solid Waste Enclosure or Solid Waste Room shall be stored in the Solid Waste Enclosure or Solid Waste Room when such material is not set out for collection by an authorized Collector.
b) All Commercial Premises, or Multi-Family Dwellings, or Mixed Use Developments constructed, enlarged, or structurally altered after January 1, 20223 shall have a Solid Waste Enclosure or Solid Waste Room. For the purposes of this Section, "structurally altered" means any change in the supporting members of a building, such as bearing walls, columns, beams, or girders. The Director may grant waiver to this requirement. in accordance with Section 9.10.3020.
c) The development permit application shall show the proposed path of travel for the authorized collector to access a Solid Waste Enclosure, Solid Waste Room, or the material generated at the Premises when set out for collection. The path of travel must accommodate the required width, turning radius, and overhead clearances of the collector's vehicle. The Director may require alterations to the development application to accommodate the travel and collection activities conducted by a collector vehicle. d) The development permit application shall show the Solid Waste Enclosure or Solid Waste Room shall have sufficient capacity to accommodate containers for, at a minimum, Garbage, Recycling, and Organics Material, and containers shall be appropriately sized to accommodate the expected material that will be generated for the Commercial Premises at the proposed frequency of collection, which must be no less than allowed in Section 5-5.113 9.10.1380.
e) The enclosure(s) shall be secured to prevent unauthorized collection, tampering, and unlawful placement of solid wastegarbage, green wasteorganics, or recyclable materials, but must be accessible to collection personnel during herein before stated collection hours. Additional charges may be assessed, as determined by the citysolid waste collection company, for additional trips to service a previously locked enclosure.
f) Each development project, as that term is defined in Public Resources Code section 42905, for which an application for a building permit has been submitted after the effective date of this chapter, shall conform to the requirements of the model ordinance adopted by the California integrated waste management board and required by the California Ssolid Wwaste Rreuse and Rrecycling Aaccess Aact of 1991 #3..
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For multifamily apartment houses, multiple dwelling buildings, commercial and industrial premises, one (1) enclosure per building in compliance with the Garbage Enclosure & Container standards set forth by the Council on August 9, 2005 (Resolution #2005-404), unless a lesser number is authorized by the Public Works Director or his/her designee.
5-5.114 –Requirements for Single-Family Generators
Single-family generators shall comply with the following requirements except single-family generators that meet the self-hauler requirements in Section 5-5-13011.109:
a) Shall subscribe the City’s Solid Waste collection system and shall source separate their waste as follows:
1) Generator shall place only garbage, and/or rubbish, and/or black container waste in the black container or detachable container used for black container waste 2) Generator shall place only source separated organic waste in the green container. or detachable container used for organic waste
3) Generator shall place only source separated recyclables in the blue container. or detachable container used for recyclables.
b) It shall be unlawful to place anything other than the approved source separated material into a Black Container, Green Container, or Blue Container.
c) City shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, single-family generators shall adjust its service level for its collection services as requested by the City.

Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c). (Ord. No. 3740-C.S., § 2, effective 12-23-21) 5-5.115 –Requirements for Commercial Business Premises, Apartments, Mobile Homes, Motels, Hotels and Multi-Family Dwelling Generators
Generators that are commercial businesses shall:
(a) Subscribe to City's three (3) container collection services and comply with requirements of those services; except commercial businesses that meet the self-hauler requirements in Section 5-5.130

11.109 or granted a waiver from the public works director. a. JurisdictionCity shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, commercial businesses shall adjust their service level for their collection services as requested by the City.
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