Cities Index.
Attachment No. 3 - Pomona Franchise Agreement.pdf

City Council / Housing Authority
December 5, 2022

Document
Attachment No. 3 - Pomona Franchise Agreement.pdf
Meeting
December 5, 2022
Body
City Council / Housing Authority
Pages
107
Original file
1.8 MB
Text extracted from the city's file for reading and search. Open the original on pomona.legistar1.com. That file is the official record.

EXHIBIT 1
Maximum Service Rates
Proposer's Name: Athens Services
Form H, Tab A: Single-Family Dwelling Maximum Service Rates Rate Schedule Effective 1/1/2023
Service Descriptions Billing Frequency Proposed Bundled Rate Standard Single -Family Automated Cart Service
(96-Gallon Trash, 96-Gallon Recycling, 96-Gallon
Organics

per month

$ 35.50
64-Gallon Single-Family Automated Cart Service
(64-Gallon Trash, 96-Gallon Recycling, 96-Gallon
Organics)

per month

$ 30.89
32-gallon Single -Family Automated Cart Service
(32-Gallon Trash, 96-Gallon Recycling, 96-Gallon
Organics)

per month

$ 27.34
Additional Trash Cart each cart $ 13.41
Additional Recycling Cart each cart $ 13.41
Additional Organics Cart each cart $ 13.41
Restart of Service (Auto-Resume Fee) per occurrence $ 31.78 Cart Delivery per occurrence

$ 30.99
Cart Removal per occurrence $ 30.99
Cart Exchange per occurrence $ 35.03
Residential Cart Replacement Fee per occurrence $ 98.43 Residential Cart Washing per request (3
barrels) $ 77.78
Residential Cart Washing Additional Barrel per request over 3 barrels $ 27.78
Extra Service/Go Back Fee per occurrence $ 16.67

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Proposer's Name Athens Services
Form H, Tab B: Service Rates Multi-Family Dwelling Maximum Service Rates Rate Schedule Effective 1/1/2023
NOTE:

All Multi-Family Dwelling Trash Rates include the equivalent of one 32-Gallon recycling cart and one 32-Gallon organics cart per unit in the MFD complex as part of the Bundled Trash rates. Any increased or additional collection service request for Recycling/Organics/Green Waste/Food Waste will be offset by the included bundled cost of Recycling/Organics/Green Waste/Food Waste.

For Example:
a) The cost for a 96-Gallon Recycling Cart is $60 for once-a-week collection. This cost is already included with the bundled trash rate. b) Should the Service Recipient increase the collection frequency to twice a week collection, the cost for recycling collection is not $120, it is $60 for the increased collection.
c) The unbundled Rate may be $120 for twice a week collection, however that rate is being offset by the already included once a week collection rate, which results in a twice a week collection rate at $60.

Page 81 of 106 ends

Proposer's Name Athens Services
Form H, Tab B: Service Rates Multi-Family Dwelling Maximum Service Rates Rate Schedule Effective 1/1/2023

Service
Collection Frequency
1/wk 2/wk 3/wk 4/wk 5/wk 6/wk
Multi-Family Trash
(Note: includes equivalent of 32-Gallon Recycling and 32-Gallon Organics) 64-Gal Cart $ 170.01 $ 336.23 $ 502.45 $ 668.67 $ 834.89 $ 1,001.11 96-Gal Cart $ 179.01 $ 353.80 $ 528.60 $ 703.39 $ 878.19 $ 1,052.98 1 / 1.5 CY Bin $ 248.07 $ 468.01 $ 687.95 $ 907.88 $ 1,127.82 $ 1,347.76 2 CY Bin $ 275.25 $ 519.81 $ 764.38 $ 1,008.94 $ 1,253.50 $ 1,498.06 3 CY Bin $ 327.65 $ 621.47 $ 915.28 $ 1,209.09 $ 1,502.90 $ 1,796.72 4 CY Bin $ 381.86 $ 724.93 $ 1,067.99 $ 1,411.05 $ 1,754.12 $ 2,097.18 6 CY Bin $ 497.35 $ 938.92 $ 1,380.48 $ 1,822.05 $ 2,263.61 $ 2,705.18 2 CY Compactor $ 412.88 $ 779.72 $ 1,146.56 $ 1,513.41 $ 1,880.25 $ 2,247.09 3 CY Compactor $ 491.48 $ 932.20 $ 1,372.92 $ 1,813.64 $ 2,254.36 $ 2,695.08 6 CY Compactor $ 746.03 $ 1,408.38 $ 2,070.72 $ 2,733.07 $ 3,395.42 $ 4,057.77 Multi-Family Dwelling Recycling
32-Gallon Cart $43.14 $86.14 $129.14 $172.14 $215.14 $259.90 64-Gallon Cart $ 45.78 $ 90.55 $ 135.31 $ 180.08 $ 224.84 $ 269.61 96-Gallon Cart $ 48.21 $ 95.28 $ 142.36 $ 189.43 $ 236.50 $ 283.58 1 / 1.5 CY Bin $ 66.81 $ 126.04 $ 185.27 $ 244.50 $ 303.73 $ 362.96 2 CY Bin $ 74.13 $ 139.99 $ 205.85 $ 271.72 $ 337.58 $ 403.44 3 CY Bin $ 88.24 $ 167.37 $ 246.49 $ 325.62 $ 404.75 $ 483.87 4 CY Bin $ 102.84 $ 195.23 $ 287.62 $ 380.01 $ 472.40 $ 564.79 6 CY Bin $ 133.94 $ 252.86 $ 371.78 $ 490.69 $ 609.61 $ 728.53 2 CY Compactor $ 111.19 $ 209.99 $ 308.78 $ 407.57 $ 506.37 $ 605.16 3 CY Compactor $ 132.36 $ 251.05 $ 369.74 $ 488.43 $ 607.12 $ 725.81 6 CY Compactor $ 200.91 $ 379.29 $ 557.66 $ 736.04 $ 914.42 $ 1,092.79 Multi-Family Organics (Green Waste and Food Waste)
32-Gallon Cart $86.27 $172.26 $258.26 $344.26 $430.25 $519.78 64-Gallon Cart $ 91.56 $ 181.09 $ 270.61 $ 360.14 $ 449.66 $ 539.19

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Proposer's Name Athens Services
Form H, Tab B: Service Rates Multi-Family Dwelling Maximum Service Rates Rate Schedule Effective 1/1/2023

Service
Collection Frequency
1/wk 2/wk 3/wk 4/wk 5/wk 6/wk
96-Gallon Cart $ 96.41 $ 190.55 $ 284.70 $ 378.84 $ 472.98 $ 567.12 1 / 1.5 CY Bin $ 133.61 $ 252.06 $ 370.52 $ 488.97 $ 607.43 $ 725.89 2 CY Bin $ 176.47 $ 279.97 $ 411.68 $ 543.40 $ 675.12 $ 806.84 3 CY Bin $ 202.94 $ 334.71 $ 492.96 $ 651.20 $ 809.45 $ 967.69 4 CY Bin $ 231.18 $ 390.44 $ 575.21 $ 759.98 $ 944.75 $ 1,129.52 6 CY Bin $ 267.87 $ 505.69 $ 743.51 $ 981.33 $ 1,219.15 $ 1,456.98 Multi-Family Dwelling Green Waste Only
32-Gallon Cart $86.27 $172.26 $258.26 $344.26 $430.25 $519.78 64-Gallon Cart $ 91.56 $ 181.09 $ 270.61 $ 360.14 $ 449.66 $ 539.19 96-Gallon Cart $ 96.41 $ 190.55 $ 284.70 $ 378.84 $ 472.98 $ 567.12 1 / 1.5 CY Bin $ 133.61 $ 252.06 $ 370.52 $ 488.97 $ 607.43 $ 725.89 2 CY Bin $ 176.47 $ 279.97 $ 411.68 $ 543.40 $ 675.12 $ 806.84 3 CY Bin $ 202.94 $ 334.71 $ 492.96 $ 651.20 $ 809.45 $ 967.69 4 CY Bin $ 231.18 $ 390.44 $ 575.21 $ 759.98 $ 944.75 $ 1,129.52 6 CY Bin $ 267.87 $ 505.69 $ 743.51 $ 981.33 $ 1,219.15 $ 1,456.98 Multi-Family Dwelling Food Waste Only
32-Gallon Cart $86.27 $172.26 $258.26 $344.26 $430.25 $519.78 64-Gallon Cart $ 91.56 $ 181.09 $ 270.61 $ 360.14 $ 449.66 $ 539.19 96-Gallon Cart $ 96.41 $ 190.55 $ 284.70 $ 378.84 $ 472.98 $ 567.12 1 / 1.5 CY Bin $ 133.61 $ 252.06 $ 370.52 $ 488.97 $ 607.43 $ 725.89 2 CY Bin $ 176.47 $ 279.97 $ 411.68 $ 543.40 $ 675.12 $ 806.84 Multi-Family Dwelling Other / Additional Services
Additional Bulky Pick Up (0.5 yard max) Per Occurrence $ 176.47 (insert additional service or containers w/frequency) Per Occurrence

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Proposer's Name Athens Services
Form H, Tab C: Service Rates Commercial Maximum Service Rates Rate Schedule Effective 1/1/2023

Service
Collection Frequency
1/week 2/week 3/week 4/week 5/week 6/week
Commercial Trash
(Note: includes 96-Gallon Recycling and 64-Gallon Organics) 64-Gallon Cart $ 184.56 $ 365.01 $ 545.46 $ 725.91 $ 906.36 $ 1,086.80 96-Gallon Cart $ 194.33 $ 384.08 $ 573.84 $ 763.60 $ 953.36 $ 1,143.11 1 / 1.5 CY Bin $ 269.31 $ 508.07 $ 746.83 $ 985.59 $ 1,224.36 $ 1,463.12 2 CY B $ 298.81 $ 564.31 $ 829.80 $ 1,095.30 $ 1,360.79 $ 1,626.29 3 CY Bin $ 355.70 $ 674.66 $ 993.62 $ 1,312.58 $ 1,631.55 $ 1,950.51 4 CY Bin $ 414.55 $ 786.98 $ 1,159.40 $ 1,531.83 $ 1,904.26 $ 2,276.69 6 CY Bin $ 539.92 $ 1,019.28 $ 1,498.65 $ 1,978.01 $ 2,457.37 $ 2,936.73 2 CY Compactor $ 448.22 $ 846.46 $ 1,244.71 $ 1,642.95 $ 2,041.19 $ 2,439.43 3 CY Compactor $ 533.55 $ 1,011.99 $ 1,490.43 $ 1,968.88 $ 2,447.32 $ 2,925.76 6 CY Compactor $ 809.89 $ 1,528.93 $ 2,247.97 $ 2,967.01 $ 3,686.05 $ 4,405.09 Commercial Recycling
64-Gallon Cart $ 45.78 $ 90.55 $ 135.31 $ 180.08 $ 224.84 $ 269.61 96-Gallon Cart $ 48.21 $ 95.28 $ 142.36 $ 189.43 $ 236.50 $ 283.58 1 / 1.5 CY Bin $ 66.81 $ 126.04 $ 185.27 $ 244.50 $ 303.73 $ 362.96 2 CY Bin $ 74.13 $ 139.99 $ 205.85 $ 271.72 $ 337.58 $ 403.44 3 CY Bin $ 88.24 $ 167.37 $ 246.49 $ 325.62 $ 404.75 $ 483.87 4 CY Bin $ 102.84 $ 195.23 $ 287.62 $ 380.01 $ 472.40 $ 564.79 6 CY Bin $ 133.94 $ 252.86 $ 371.78 $ 490.69 $ 609.61 $ 728.53 2 CY Compactor $ 111.19 $ 209.99 $ 308.78 $ 407.57 $ 506.37 $ 605.16 3 CY Compactor $ 132.36 $ 251.05 $ 369.74 $ 488.43 $ 607.12 $ 725.81 6 CY Compactor $ 200.91 $ 379.29 $ 557.66 $ 736.04 $ 914.42 $ 1,092.79

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Proposer's Name Athens Services
Form H, Tab C: Service Rates Commercial Maximum Service Rates Rate Schedule Effective 1/1/2023

Service
Collection Frequency
1/week 2/week 3/week 4/week 5/week 6/week
Commercial Organics (Green Waste and Food Waste)
64-Gallon Cart $ 91.56 $ 181.09 $ 270.61 $ 360.14 $ 449.66 $ 539.19 96-Gallon Cart $ 96.41 $ 190.55 $ 284.70 $ 378.84 $ 472.98 $ 567.12 1 / 1.5 CY Bin $ 133.61 $ 252.06 $ 370.52 $ 488.97 $ 607.43 $ 725.89 2 CY Bin $ 176.47 $ 279.97 $ 411.68 $ 543.40 $ 675.12 $ 806.84 3 CY Bin $ 202.94 $ 334.71 $ 492.96 $ 651.20 $ 809.45 $ 967.69 4 CY Bin $ 231.18 $ 390.44 $ 575.21 $ 759.98 $ 944.75 $ 1,129.52 6 CY Bin $ 267.87 $ 505.69 $ 743.51 $ 981.33 $ 1,219.15 $ 1,456.98 Commercial Green Waste Only
64-Gallon Cart $ 91.56 $ 181.09 $ 270.61 $ 360.14 $ 449.66 $ 539.19 96-Gallon Cart $ 96.41 $ 190.55 $ 284.70 $ 378.84 $ 472.98 $ 567.12 1 / 1.5 CY Bin $ 133.61 $ 252.06 $ 370.52 $ 488.97 $ 607.43 $ 725.89 2 CY Bin $ 176.47 $ 279.97 $ 411.68 $ 543.40 $ 675.12 $ 806.84 3 CY Bin $ 202.94 $ 334.71 $ 492.96 $ 651.20 $ 809.45 $ 967.69 4 CY Bin $ 231.18 $ 390.44 $ 575.21 $ 759.98 $ 944.75 $ 1,129.52 6 CY Bin $ 267.87 $ 505.69 $ 743.51 $ 981.33 $ 1,219.15 $ 1,456.98 Commercial Food Waste Only
64-Gallon Cart $ 91.56 $ 181.09 $ 270.61 $ 360.14 $ 449.66 $ 539.19 96-Gallon Cart $ 96.41 $ 190.55 $ 284.70 $ 378.84 $ 472.98 $ 567.12 1 / 1.5 CY Bin $ 133.61 $ 252.06 $ 370.52 $ 488.97 $ 607.43 $ 725.89 2 CY Bin $ 176.47 $ 279.97 $ 411.68 $ 543.40 $ 675.12 $ 806.84 Commercial Other / Additional Services
Extra Pick Up Charge Per Occurrence $ 58.82
Rolloff impound fee Per Occurrence $ 1,058.82
Dumurrage Fee Per Day $ 58.82

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Proposer's Name
Athens Services
Form H, Tab F: Street Sweeping
Rate Adjustment(s) Effective 1/1/2023
Please provide a percentage increase/decrease by line of business for the cost of assuming Street Sweeping responsibilities under the following three (3) scenarios. Any and all adjustments pertaining to the cost of Street Sweeping will only impact standard service recipient Line of Business Residential Commercial Roll Off
Scenario % Increase/Decrease % Increase/Decrease % Increase/Decrease Mon-Thu Same Days 0% 0% 0%
Mon-Thu Alternating Days 0% 0% 0%
Mon-Fri Alternating Days 0% 0% 0%

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Proposer's Name Athens Services
Form H, Tab D: Additional Services Maximum Service Rates Rate Schedule Effective 1/1/2023
Service Descriptions Billing Frequency Proposed Rate
Temporary Services
Special Pick-Up up to 3 cubic yards each $ 97.89
Additional Standby and Loading Time per hour $ 91.76
Large Venue Events (Non-City Events) per occurrence $ 1,069.35 Temporary Bins
3 Cubic Yard Temporary Bin
Delivery, Removal and up to 7 days rental per bin $ 203.75 Each additional pickup per occurrence $ 184.71

4 Cubic Yard Temporary Bin
Delivery, Removal and up to 7 days rental per bin $ 213.87 Each additional pickup per occurrence $ 196.48
Other Services
Locking Bin, Lock on Gate, enclosure Monthly Fee per lock per month $ 15.28 Trip Charge/Dry Run per occurrence $ 76.44
Restart of Service (auto resume fee) per occurrence $ 107.01 Setup Fee per occurrence $ 7.64
Delivery Charge per occurrence $ 38.22
Delivery Charge Commercial Carts per occurrence $ 38.22 Removal per occurrence $ 7.64
Exchange Fee per occurrence $ 94.12
Stinger / Scout Service fee per bin per service $ 29.41

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Proposer's Name Athens Services
Form H, Tab D: Additional Services Maximum Service Rates Rate Schedule Effective 1/1/2023
Service Descriptions Billing Frequency Proposed Rate
Recycling Contamination Fee per occurrence $ 47.06
Overage Fee per occurrence $ 38.22
Push Rate
Push Rate - 15 feet
1 pickup per week per month $ 12.74
2 pickup per week per month $ 25.47
3 pickup per week per month $ 38.21
4 pickup per week per month $ 50.94
5 pickup per week per month $ 63.68
6 pickup per week per month $ 76.41
Push Rate - 25 feet
1 pickup per week per month $ 16.98
2 pickup per week per month $ 33.96
3 pickup per week per month $ 50.94
4 pickup per week per month $ 67.92
5 pickup per week per month $ 84.90
6 pickup per week per month $ 101.88
Push Rate - 50 feet
1 pickup per week per month $ 25.47
2 pickup per week per month $ 50.94
3 pickup per week per month $ 76.41
4 pickup per week per month $ 101.88
5 pickup per week per month $ 127.35
6 pickup per week per month $ 152.82
Push Rate - 75 feet

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Proposer's Name Athens Services
Form H, Tab D: Additional Services Maximum Service Rates Rate Schedule Effective 1/1/2023
Service Descriptions Billing Frequency Proposed Rate
1 pickup per week per month $ 50.94
2 pickup per week per month $ 101.88
3 pickup per week per month $ 152.82
4 pickup per week per month $ 203.76
5 pickup per week per month $ 254.71
6 pickup per week per month $ 305.65
Push Rate - 100 feet
1 pickup per week per month $ 76.41
2 pickup per week per month $ 152.82
3 pickup per week per month $ 229.24
4 pickup per week per month $ 305.65
5 pickup per week per month $ 382.06
6 pickup per week per month $ 458.47
Roll-Off Pull Rates
Roll-Off Containers billed on a per pull plus disposal fee 10 Cubic Yard Container per pull per haul $ 355.88
20 Cubic Yard Container per pull per haul $ 355.88
30 Cubic Yard Container per pull per haul $ 355.88
40 Cubic Yard Container per pull per haul $ 355.88

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Proposer's Name Athens Services
Form H, Tab E: Start Up Capital Costs
Rate Schedule Effective 1/1/2023
Startup Capital Expenses
Line of Business Residential Commercial Roll Off
Item Number Each Price/Unit Number Each Price/Unit Number Each
Price/Unit
Front End Loader - $ - 9 $ 480,866 - $ -
Automated Side
Loader 15 $ 493,565 - $ - - $ -
Roll-off Truck - $ - - $ - 5 $ 349,344
Scout Truck - $ - 3 $ 52,659 - $ -
Real Loader & Mini Rear
Loader 2 $ 405,941 5 $ 171,582 - $ -
32-Gallon Cart - $ - - $ - - $ -
64-Gallon Cart - $ - 2,363 $ 68 - $ -
96-Gallon Cart 78,055 $ 75 2,294 $ 75 - $ -
1 CY Bin - $ - 112 $ 928 - $ -

1.5 CY Bin - $ - 112 $ 928 - $ -
2 CY Bin - $ - 292 $ 1,062 - $ -
3 CY Bin - $ - 1,669 $ 1,177 - $ -
4 CY Bin - $ - 203 $ 1,357 - $ -
6 CY Bin - $ - 55 $ 2,015 - $ -
10 CY Roll-Off - $ - - $ - - $ -

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Proposer's Name Athens Services
Form H, Tab E: Start Up Capital Costs
Rate Schedule Effective 1/1/2023
Startup Capital Expenses
Line of Business Residential Commercial Roll Off
Item Number Each Price/Unit Number Each Price/Unit Number Each
Price/Unit
20 CY Roll-Off - $ - - $ - - $ -
30 CY Roll-Off - $ - - $ - - $ -
40 CY Roll-Off - $ - - $ - 124 $ 10,504
Other Capital Items
Residential Commercial Roll Off
Other (Describe) - - -
Other (Describe) - - -
Total Anticipated Startup
Capital
Costs

$ 14,088,841

$ 8,544,046

$ 3,214,854

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EXHIBIT 2
City Sponsored Events

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EXHIBIT 3

CITY SERVICE UNITS
List of City Facilities / Properties
Bins Collected from City Facilities
Building Name Service Type Service Level Service Days City Buildings
City Hall 3 YD Trash (x2) 3 Times/Wk M, W, F
City Yard - Fleet 3 YD Trash (x5) 1 Time/Wk M
City Yard - Fleet 3 YD Rec (x1) 1 Time/Wk M
Police Traffic 3 YD Trash (x1) 1 Time/Wk W
Police Department 3 YD Trash (x2) 2 Times/Wk M, F
Shooting Range 3 YD Trash (x3) 1 Time/Wk W
Shooting Range 3 YD Rec (x1) 1 Time/Wk W
Evidence Center 3 YD Trash (x1) w/ Lock
Lid
1 Time/Wk F
Library 3 YD Trash (x1) 2 Times/Wk M, F
Library 3 YD Rec (x1) 1 Time/Wk F
Palomares Senior Center 3 YD Trash (x2) w/ Lock
Lid
3 Times/Wk M, W, F
Palomares Senior Center 3 YD Rec (x1) w/ Lock
Lid
1 Time/Wk F
2383 Chanslor 3 YD Trash (x1) 3 Times/Wk M, W, F
870 Ninth St 40 YD Green Waste R/O As Needed
870 Ninth St 40 YD Trash R/O As Needed
Parks
Veterans Park 3 YD Trash (x1) 1 Time/Wk M
Veterans Park 3 YD Rec (x1) 1 Time/Wk M
Phillips Mansion 3 YD Trash (x1) 1 Time/Wk W
Phillips Mansion 3 YD Rec (x1) 1 Time/Wk W
Ganesha Park 3 YD Trash (x1) 2 Times/Wk M, F
Ganesha Park 3 YD Rec (x1) 1 Time/Wk F
Westmont Park 3 YD Trash (x1) 1 Time/Wk F

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Westmont Park 3 YD Rec (x1) 1 Time/Wk F
La Casa Primera 2 YD Trash (x1) 2 Times/Wk M, F
Washington Park 3 Yd Trash (x3) 2 Times/Wk M, F
Washington Park 3 YD Rec (x1) 1 Time/Wk M
Brackett Field 3 YD Trash (x1) 1 Time/Wk F

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EXHIBIT 4

CART AND BIN SPECIFICATIONS

1. Cart Specifications.

1.1. Carts must be designed and manufactured with heavy plastic in accordance with standard industry specifications approved by City.

1.2. Carts must be constructed with material that resists deterioration from ultraviolet radiation and be incapable of penetration by household pets or small wildlife when lids are fully closed.

1.3. Carts must include wheels and handles that accommodate ease of movement by able-bodied persons.

1.4. Carts must include lids that continuously overlap the Cart body so as to prevent the intrusion of rainwater and minimize odors. The lids would be of a design and weight so as to prevent the Cart body from tilting backward when flipping the lid open.

1.5. Carts must be capable of being lifted into the collection vehicle without damage or distortion under normal usage.

1.6. Carts must be labeled using hot stamp or labels, and at a minimum will include Contractor’s name and graphics indicating what materials may and may not be placed in each Cart type.

2. Bin Specifications.

2.1. Bins must be constructed of heavy metal or heavy plastic and must be watertight and well painted.

2.2. Wheels, forklift slots, and other appurtenances, which are designed for movement, loading, or unloading of the container, must be maintained in good repair.

2.3. Bins must have the name and phone number of Contractor on the exterior so as to be visible when the Bin is placed for use.

2.4. Each Bin must be labeled with a listing of materials that may and may not be placed in a particular Bin type, and each Bin must include a conspicuous warning: “Not to be used for the disposal of hazardous, electronic, or universal waste.”

2.5. Bin lids must be constructed of metal or heavy plastic, so as to minimize the intrusion of rainwater and minimize odors. Locking bins will be provided upon request at the rate set forth in Exhibit 1 .

2.6. Bins must be capable of being lifted into the collection vehicle without damage under normal usage.

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EXHIBIT 5

APPROVED SUBCONTRACTORS

Contractor does not intend or anticipate the use of any subcontractors to perform Contractor’s obligations under this Agreement. The Parties agree that due to the length of the Term, situations may arise in the future which are not currently contemplated, and which may make the use of one or more subcontractors desirable to both Parties.

Based thereon, the Parties agree that Contractor may in the future propose the use of subcontractors to perform one or more obligations of Contractor under this Agreement. City shall have the right to approve or reject Contractor’s proposal in its sole discretion. Under no circumstances shall the use of subcontractors be approved to the extent such use would c onstitute a transfer of this Agreement to a single subcontractor or to several subcontractors in the aggregate.

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EXHIBIT 6

SUSTAINABILITY AND COMPLIANCE PLAN
This Exhibit will be replaced by the Contractor’s Sustainability and Compliance Plan, which must be submitted to the City and approved prior to the Effective Date, and annually thereafter as described in Section 18.02. Described below is the template for the Sustainability and Compliance Plan that the Contractor must develop. The Contractor’s Plan must describe how the Contractor will provide outreach and education to residents, schools and businesses; the material that will be developed and distributed, including its format and distribution method; how the Contractor will maintain compliance with the State’s Mandatory Commercial and Organics Recycling mandates (SB 1383, AB 1826, AB 939, AB 341), including when and to whom letters will be sent, how compliance will be documented and reported; and the Contractor’s plan for waste audits and site visits. The Contractor is required to document site visits and compliance data in the City’s Waste Reporting System.

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EXHIBIT 7

STREET SWEEPING

1.01 Street Sweeping Services

1.01.1 Contractor shall provide “Street Sweeping Services,” as specified herein, during the Term in accordance with the terms and conditions of this Agreement.

1.01.2 Manner of Service. Contractor shall provide a “ Complete Sweep” of all Curb Miles on all publicly maintained City Streets. Within any Curb Mile, C ontractor shall be responsible for sweeping all curbs including Median Islands and the corners from any cross street intersecting the subject street. Contractor shall obey all laws governing the operation of the sweepers on a public street, and shall perform its operations so that sweepers are traversing their routes in the normal direction of traffic.

1.01.3 Contractor shall furnish all materials , labor, supervision, and equipment necessary to perform all work required for regularly scheduled sweeping of all public streets in the City at the frequency and within the time frames described in Sections 1.01.11 and 1.01.12 below. Exceptions resulting from equipment breakdowns shall be immediately reported to the City with a catch-up schedule.

1.01.4 Maps. Contractor shall provide the Street Sweeping Service route maps to the City Representative upon request, within ninety (90) days from receipt of written notice. The maps shall be provided in a format that can be posted to the City website.

1.01.5 S
weeping Method. Unsweepable items that impede sweeping, such as palm fronds, rocks, trash and debris shall be removed from the sweeping path and properly disposed of by the operator rather than driving around them. Items that impede sweeping and are immovable such as construction debris and impaired vertical or horizontal clearance by tree limbs shall be reported to the City immediately for correction.

Contractor is not responsible for areas missed due to parked cars or other personal property. Sweeper operators shall immediately report to Contractor and the City all Illicit Discharges observed during routes. Contractor shall train all operators to recognize Illicit discharges and stormwater pollution sources prior to work as street operators and annually thereafter, using City-approved training materials. Such training shall be documented for review by the City.

1.01.5.1 In areas where drainage is a problem, Contractor shall make as many passes as necessary to remove debris from standing water. In addition, all sand, dirt, rocks, gravel, vegetation, and other sweepable debris shall be removed from the street during the sweeping operation. If standing water is over the top of curb, then Contractor shall not be required to sweep that specific area. Sweeper operators shall report drainage problems to Contractor and City on a monthly basis, or as deemed appropriate by Contractor.

1.01.6 Standards of Service. All areas swept under this Agreement shall be thoroughly cleaned.

All debris shall be picked up by the sweeper unit and disposed of at Contractor expense as outlined in this Section.

Sweeping shall include the removal of all sand, gravel, dirt, litter, vegetation, and any and all other debris that accumulates between sweeps. Curb lines shall be swept along both sides of the roadway, or to the edge of pavement where no curb exists, along all curbs on raised medians, over all portions of painted medians, painted left and right turn pockets, and all intersection cross gutters. Sweeping shall normally require one pass over an area.

Contractor shall make additional passes or make such extra effort required to adequately clean the street to the

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satisfaction of the City. Extra effort shall be required when sweeping equipment leaves a dirt/silt smear in its swept path. The service standards in this Article may be reviewed and modified as conditions warrant to maintain cleanliness by the City or as necessary to comply with any regulatory permits issued to City.

1.01.7 Water. Contractor shall obtain water services from the appropriate water utility or City for the water necessary in the street sweeping operation and use sufficient water to prevent dust arising during sweeping operations. The cost of the water shall be borne by Contractor.

1.01.7.1 When possible, Contractor shall use reclaimed or tertiary recycled water.

1.01.7.2 Contractor shall not discharge liquid waste from the sweeper units onto City streets or into the storm drain system.

1.01.7.3 Washing of sweepers on City property is prohibited. Any and all washing of sweeper units shall be compliant with Applicable law . Contractor shall implement best management practices when loading water into the street sweepers to prevent any overflow/potable water discharges into the storm drain system.

1.01.8 Sweeper Speed. Contractor shall operate the sweepers at a speed of not more than eight (8) miles per hour in residential and commercial areas when sweeping or when the sweeper brooms are down, unless Contractor can demonstrate to the City’s satisfaction that the sweeper can operate efficiently and safely at a higher speed. City will use industry standards, Environmental Protection Agency information, and the sweeper manufacturers’ recommendations on the speed of sweepers when considering speeds greater than six (6) miles per hour.

1.01.9 W
idth of Sweeper Path. Contractor shall sweep a path with a width of not less than eight (8) feet unless parked vehicles, structures, or other objects prohibit the safe sweeping of this path width. The path shall begin at the face of the curb and include the flow line of the gutter. Unless blocked by parked cars, Garbage Carts, Recycling Carts, or Organics Carts the face of the curb and gutter shall always be included within the sweeper path. On those residential streets with no curb, the width of the sweeper path shall be not less than eight (8) feet measured from the edge of the pavement toward the center of the street.

1.01.10 S
treet Sweeping Frequency.

1.01.10.1 Residential Streets. Contractor shall provide Street Sweeping Service for each Curb Mile of residential streets in the City bi-weekly on a scheduled route basis. Commercial Streets .

Contractor shall provide Street Sweeping Service for each Curb Mile of commercial streets in the City bi-weekly on a scheduled route basis.

1.01.10.2 P arking Lots. Contractor shall provide Street Sweeping Service for each Curb Mile of the following designated parking areas in the City bi-weekly on a scheduled route basis.

1.01.10.3 C hange in Frequenc y. The City may direct Contractor to change the frequency of street sweeping for any City street. Contractor shall implement City -directed changes in frequency within fifteen (15) Work Days of receipt of written notice from the City Representative to adjust sweeping frequency.

Any changes under this Article shall be treated as City-directed changes under Section 28.01 of the Agreement.

1.01.11 S treet Sweeping Hours of Service.

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1.01.11.1 Residential Streets. Contractor shall provide Street Sweeping Service on residential streets commencing no earlier than 7:00 a.m. and terminating no later than 7:00 p.m. The hours, days, or both of service may be extended due to extraordinary circumstances or conditions with the prior written consent of the City Representative. Sweeping in residential areas shall be coordinated with Collection Services to ensure that sweeping occurs after collection of all Carts has been completed on a specific street.

1.01.11.2 C ommercial Streets. Contractor shall provide Street Sweeping Service on commercial streets commencing no earlier than 3:00 a.m. and terminating no later than 7:00 p.m.. The hours, days, or both of service may be extended due to extraordinary circumstances or conditions with the prior written consent of the City Representative.

1.01.11.3 O
ther Areas. Designated collector, arterial s treets and City facilities may be swept on a designated day between the hours of 3:00 a.m. and 7:00 p.m. upon mutual approval between the City and Contractor.

1.01.11.4 U nits of Service. Contractor shall provide the following levels of service in accordance with the specified event, monthly, and annual units:

1.01.11.5 Contractor Weekly Operations Plan. Contractor shall comply with the following weekly operations plan, unless otherwise modified upon mutual agreement of the parties.

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1.01.11.6 Holidays. For the purposes of this Exhibit, Contractor shall not provide Street Sweeping Services on any of the following holidays:
• New Years Day (January 1st)
• Martin Luther King Ur. Day (3rd Monday in January)
• Presidents Day (3rd Monday in February)
• Memorial Day (Last Monday in May)
• Independence Day (July 4th
• Labor Day (1st Monday in September)
• Veterans Day (November 11th)
• Thanksgiving (4th Thursday in November)
• Day After Thanksgiving (Friday after Thanksgiving)
• Christmas Day (December 25th)

1.01.12 Street Changes. City and Contractor acknowledge that it may be necessary or desirable to add or delete City Streets for which Contractor will provide Street Sweeping Services or necessary to temporarily modify sweeping schedules. City will provide notice of any such changes to Contractor which may be caused by the following:
 Construction or development on or along a street.
 Pavement maintenance activities, including the chip seal program or the slurry seal program.  Inclement weather when running water renders sweeping ineffective.  Other legitimate reasons that make sweeping impractical as determined by the City Representative.

1.01.1 Street Additions. As new streets are constructed and accepted by City, City may, at City‘s sole option, designate such streets as part of the Service Area for the purposes of Street Sweeping Services. If the City Representative designates such streets as part of the Service Area, Contractor shall provide Street Sweeping Service on such streets under the terms and conditions of this Agreement within fifteen (15) Work Days of receipt of written notice from the City Representative to begin service.

1.01.2 S
treet Deletions . City may require some City Streets to be temporarily or permanently removed from the list of scheduled streets for which Contractor provides Street Sweeping Service under this Agreement. Contractor shall immediately cease providing Street Sweeping Service to any City Street upon receipt of written notice from the City Representative to stop such service. When a City Street has been temporarily removed from the list of scheduled streets, Contractor shall resume Street Sweeping Service on such street in the next regularly scheduled cycle following the receipt of written notice from the City Representative to resume service.

1.01.3 R evised Maps . Contractor shall revise the Street Sweeping Service route maps to show the addition or deletion of City Streets as provided above and shall provide such revised maps to the City Representative upon request, within ninety (90) days from receipt of written notice. The maps shall be provided in a format that can be posted to the City website.

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1.01.4 Parking Restrictions. The City will provide written notice to Contractor of any streets where permit parking may impact scheduled Street Sweeping Service. Contractor may be required to adjust sweeping schedules to sweep prior to the permit parking restrictions.

1.01.5 A dverse Weather Conditions . Because of varying rain conditions throughout the City, Contractor may verbally request permission from the City Representative to cancel sweeping during heavy and persistent rainstorms within the Service Area. Contractor may cancel sweeping only with the prior consent of the City Representative.

1.01.6 H azardous Waste. Contractor shall not be required to remove any Hazardous Waste from the street surface. If, in the course of performing Street Sweeping Services, any suspected Hazardous Waste is encountered, Contractor shall immediately report the location to the City Representative, and any other responsible agency.

1.01.7 D isposal of Sweep Waste. Contractor shall transport and deliver all Sweep Waste to designated Bins at a City facility as a result of performing Street Sweeping Services. Contractor will collect all Bins containing Sweep Waste and deliver to a facility in a manner that meets AB 939 or other waste diversion requirements established per CalRecycle. In the event the facility is closed on a Work Day or is otherwise unable to accept the Sweep Waste, Contractor shall transport and deliver the Sweep Waste to such other legally permitted facility approved by the Agreement Administrator. Sweep Waste recycling and processing shall be by mutual agreement between the Contractor and the City and shall not be calculated as part of the annual diversion rate required in Article 5.

1.01.8 S
pillage. During hauling, all Sweep Waste shall be contained, covered, and enclosed so that leaking, spilling and blowing of the Sweep Waste is prevented. Contractor shall be responsible for the immediate clean-up of any spillage caused by Contractor.

1.01.9 S treet Sweeping Service Routes . Not less than forty-five (45) days prior to commencement of Street Sweeping Services, Contractor shall submit to the City Representative, Service Area maps precisely defining the Sweeper Routes for review and approval by the City Representative. The route maps shall include the days of the month sweeping shall occur, the sweeping schedules in adjacent areas, the areas of the City to be swept, the start and finish of each route, the location of each dumpsite, and any special needs such as early starts, and late finishes.

1.01.9.1 The City Representative may provide written comments on the preliminary maps to Contractor no later than twenty (20) Work Days after receipt of the maps from Contractor. Contractor shall revise the maps to reflect such comments and return them to the City Representative within twenty (20) Work Days after receipt of the City Representative’s comments.

1.01.9.2 Upon approval by the City Representative of the final Sweeper Route maps, Contractor shall develop and maintain the Sweeping Routes on a computerized mapping system that is compatible with City’s mapping system to the extent possible. Street Sweeping maps provided to the City shall be in a format that is suitable for posting to the City website.

1.01.9.3 Changes in maps shall be provided by the City , and Contractor shall update the maps in Contractor’s system every month. Such changes shall also be reflected in Contractor’s printed route maps.

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1.01.10 Service Route Changes. Contractor shall submit to the City Representative, in writing, any proposed route change (including maps thereof) not less than forty -five (45) days prior to the proposed date of implementation.

1.01.10.1 The City Representative may provide written comments to Contractor on such proposed change no later than ten (10) Work Days after receipt of the proposal from Contractor, and Contractor shall revise the routes to reflect such comments and return them to the City Representative within t en (10) Work Days of receipt of such comments.

1.01.11 Contractor shall not implement any route changes without the prior written approval of the City Representative. If the approved route change will change the day on which Street Sweeping Service will occur, Contractor shall notify the affected Service Recipients of route changes not less than thirty (30) Work Days before the proposed date of implementation in a manner approved by the City Representative.

1.01.12 Other City Sweep Service . If during the Term, circumstances exist that require work associated with the Street Sweeping Service program that is not specifically provided for in this Agreement, the City Representative may require Contractor to perform such other associated work (“OAW”). Contractor shall be reimbursed for such services at then current hourly rates.

1.02 O ther Associated Work .

1.02.1 When Contractor performs OAW, the labor, materials, and equipment used in the performance of such work shall be subject to the prior written approval of the City Representative.

1.02.2 Examples of OAW that Contractor may be required to perform include: performance of special sweeps, flood clean- up, street sanitation for parades and celebrations, City requested clean-up services, and any contingency where sweeper and supporting sweeper equipment could assist in a particular instance.

1.02.3 Street Sweeping Quality of Work. The standards of performance which Contractor is obligated to meet are those good street sweeping practices which leave the service area in a debris and dirt free condition, and using sufficient water to avoid airborne dust arising from equipment operation.

1.02.4 S treet Sweeping Equipment.

1.02.4.1 General Provisions. All Street Sweeping Service equipment used by Contractor in the performance of services under this Agreement shall be of a high quality and of the vacuum type in conformance with the City’s MS4 Permit. The collection vehicles shall be designed and operated so as to prevent collected materials from escaping from the collection vehicles. Hoppers shall be closed on top and on all sides with screening material to prevent collected materials from leaking, blowing, or falling from the collection vehicles.

1.02.4.2 S
treet Sweeping Vehicles. Street Sweeping vehicles shall be designed and operated so as to prevent Sweep Waste from escaping from the vehicles, including means of preventing collection materials from leaking, blowing or falling from collection vehicles.

1.02.4.3 C
lean Air Collection Vehicles. During the Term, to the extent required by law, Contractor shall provide its Street Sweeping vehicles to be in full compliance with all Applicable Laws, including State and federal clean air requirements that are adopted or proposed to be adopted, including, but not limited to, the California Air Resources Board Heavy Duty Engine Standards as currently proposed to be contained in California

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Code of Regulations, title 13, sections 2020 et seq., the Federal EPA’s Highway Diesel Fuel Sulfur regulations and all other applicable air pollution control laws.

1.02.4.4 Vehicle Noise Level. All Street Sweeping operations shall be conducted as quietly as possible and must comply with Applicable Laws, including federal EPA noise emission regulations, currently codified at Code of Federal Regulations, title 40, Part 205.

1.02.4.5 Reserve Equipment. Contractor shall have available to it , at all times, reserve collection and Street Sweeping Service equipment that can be put into service and operation within one (1) hour of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by Contractor to perform Contractor’s duties under this Agreement.

1.02.4.6 All equipment shall be maintained in good mechanical condition, including brushes and brooms that shall be replaced at regular intervals. Contractor shall immediately clean any vehicle fluids (hydraulic fluids, lubricating oils, etc.) that leak or spill from equipment into the street or public right of way.

1.02.4.7 Sweeping equipment shall not be stored on City property or in the public right of way unless mechanical failure prevents immediate removal. In the event of mechanical failure, all efforts must be made to remove the equipment from the public right of way as soon as possible. The City must approve any o vernight storage in public right of way or on City property. Contractor may enter into optional Storage Agreement with City to store Sweeper equipment at City facility.

1.02.4.8 All equipment is subject to inspection by the City at any time.

1.02.4.9 All sweepers shall have an operational strobe and back-up alarm and shall conform to all City, Los Angeles County, State, and federal safety requirements.

1.02.5 Staffing. All Street Sweeper operators shall abide by the requirements set forth in Article 15 of this Agreement. In the event that the prevailing wage law is deemed to apply to services provided in this Exhibit, Section 28.01.1 of the Agreement will apply.

1.02.6 C ommunication. Contractor shall have direct communication with all sweeping operators in the field utilizing radios or cellular telephones. Each sweeper operator shall have the ability to communicate verbal information immediately to City staff, Police and Fire Department personnel, residents, and to report illicit storm water discharges and hazardous street or drainage conditions to the City. Contractor shall also report missed routes and citizen complaints and resolution to the City on a weekly basis, when applicable.

1.02.7 Contractor shall supply a 24-hour message telephone number to the City Traffic Engineer so that the CITY can notify Contractor of traffic counter installations.

1.02.8 Drivers shall be aware of their locations in order to raise their brooms and avoid destruction of traffic counter cables. Contractor shall use due diligence to avoid traffic counter cables.

1.02.9 All Sweepers shall have a GPS tracker located in the trucks, with all data accessible to City staff.

1.02.10 Deficiencies and Corrections. The City may also make regular unannounced inspections of Street Sweeping locations if a swept area is deemed to be below acceptable performance standards, the substandard section shall be re- swept within 24 hours of notification. Contractor shall re -s
weep at their own
expense. The City shall be notified of the completed re-sweep.

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EXHIBIT 8

ADMINISTRATIVE CHARGES

ADMINISTRATIVE CHARGES
Item Amount if Not Cured
in 30 Days
If Cured in 15
Days
a. Failure to respond to each complaint within three (3) Work Days of receipt of complaint. $100 per day per incident per Customer. b. Failure to maintain call center hours as required by this Agreement. $100 per day. -0-
c. Failure to submit to City all reports by the deadlines required under the provisions of this Agreement. $100 per day. -0- d. Failure to submit to City all payments by the deadlines required under the provisions of this Agreement. $500 per day. -0- e. Failure to display Contractor’s name and customer
service phone number on collection vehicles.
$100 per incident per
day. -0-
f. Failure to collect a missed collection by close of the next Work Day upon notice to Contractor that exceeds twenty (20) in any Calendar Year.
$1,000 per Calendar
Year, plus $10 per
incident per day.
-0-
g. Failure to repair or replace damaged Containers to deliver or exchange Containers within the time required by this Agreement, that exceeds twenty (20) in any Calendar
Year.
$1,000 per Calendar Year, plus $10 per
incident per day.
h. Failure to maintain collection hours as required by this Agreement. $100 per day. -0-
i. Failure to have Contractor personnel in Contractor - provided uniforms.
$25 per day per
employee. -0-
j. Failure of Contractor to follow Recyclable Materials and Organic Waste Contamination procedures as set forth
under Section 3.10.

Submit plan of
correction to City -0-
k. Failure of Contractor to meet the Customer Service
Requirements. $1,000 per day -0-

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ADMINISTRATIVE CHARGES
The following items Can Not Be Cured
Item Amount (cannot be cured)
l. Failure to clean up spillage or litter on public streets located within City caused by Contractor ’s collection
vehicles within two (2) hours after notice by City to
Contractor.
$500 per incident per location and
reimbursement to City for cleanup.
m. Disposal of separately collected Recyclable Materials or separately collected Organic Waste in the Disposal
Facility without first obtaining the required permission of the City.
$500 per load.
n. Failure to deliver Garbage collected under this Agreement to the Disposal Facility, except as otherwise expressly provided in this Agreement.
$5,000 each failure.
o. Failure to submit a corrective action plan as set forth in Section 5.01.2.

The current disposal cost/ton for each
ton under the diversion requirement.
p. Overweight Collection Vehicles, as set forth by Section

16.01.4. $500 per day per load after City has
considered Contractor’s reason for
excessive overweight vehicles.

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