4 Elaborating on the Existing Pro’s:
1M less vehicles miles over 10-year contract:
• This saves the equivalent of 40.16 trips around the equator. • This will have a positive impact on the environment.
• It will decrease the likelihood of an incident or accident on the road for the public and our drivers.
• Per the State-by-State IIHS, for every 100 million miles driven there are 12.9 deaths per year and 39,508 crashes. This equates to saving 1.29 lives and 3,950.80 crashes over the 10-year contract. Resource: www.iihs.org
• There is less wear and tear on the roads of Rancho Cordova. • We will be able to stabilize pricing with less wear and tear on our vehicles and fuel, which will help control the overall cost of our operation and contract.
Local headquarters and call center:
• All customer service calls are handled in the City of Rancho Cordova. • Our employees are not set up remotely.
• Atlas employees currently office out of Prospect Park location in Rancho Cordova and are familiar with the community.
• Our employees are part of the culture of Rancho Cordova and can build a rapport with those customers quickly.
• In the early years, the Atlas leadership team provided waste collection services firsthand in the Rancho Cordova area as drivers.
• Local owners will always respond, and no consultants will represent Atlas in absence of a leader.
Adding Pro’s:
No previous residential contract:
• Total of 50+ years’ leadership experience in executing residential services. • The Atlas brand has been around for more than 25 years. • Atlas has zero turnover in executive leadership.
• Atlas has been and is currently participating in the following items specific to Rancho Cordova.
Atlas is a proud sponsor of many major Rancho Cordova City events. Atlas is a member of the Chamber of Commerce.
Atlas is a board member of Capital Air Show.
Atlas has had 4 team members attend the leadership Rancho Cordova class. Atlas has been a longstanding Magic Maker for the Cordova Community Council in addition to being on their board for many years.
ITEM 20.1. ATTACHMENT 3
5 The Contract:
• In our initial response, Atlas has zero exceptions to the contract and Republic had 17 exceptions.
• Atlas approval process and decision making is made by local leadership when it comes to this contract. There is no corporate red tape.
The Rate:
• Atlas rate methodology is designed to encourage recycling in alignment with the city goals.
If the city feels like individual services should be weighted differently, we would be happy to engage in rate setting conversation.
• In an apple-to-apple comparison using Kiefer landfill, Atlas was 10 million dollars and/or 10% cheaper over the 10-year contract.
• In our initial response Atlas was also cheaper taking into account all available landfill options.
Transition can be confusing to residents:
• The only item(s) that will change is the truck color. Residents don’t care about the color of the truck.
• There will be no changes to the services provided to residents. • The goal is to retain all drivers/operators during the transition. • Atlas service is rated over 4 stars on Google and Yelp.
Experience in Rancho Cordova:
• 25 years serving the community of Rancho Cordova as Atlas.
Financial Resources:
.
• Financial decisions are made quicker and easier based on local ownership. • The City of Rancho Cordova staff has vetted and verified that our finances are able to support this contract.
Future of our Fleet:
• Every company needs to follow the state mandate to electrification of fleet. • Electrification of the Atlas Fleet is currently being executed due to mandate. • We installed charging stations in our yard.
• We have truck(s) on order.
Technology:
• At Atlas, we will continue to build onto Smart City and Smart Waste Management programs. We currently use 3rd Eye and GPS tracking. Please refer to document 1.1 of the appendix for more information.
• We will utilize our social media platform, email distribution and mailers to help enhance the communication of this transition.
• A mobile application is being created for the enhancement of our customer experience with Rancho Cordova residents.
• We will use a survey function such as “Ask Nicely or Survey Monkey” to collect data on feedback. This will help with improving services.
ITEM 20.1. ATTACHMENT 3
6 Appendix 1:1
ITEM 20.1. ATTACHMENT 3
7 ITEM 20.1. ATTACHMENT 3
Base Rates are using the current carts,
Kiefer Landfill, and three large item pick-ups
7/1/2024
Rates
Republic
BASE
PROPOSAL
Option 1
Kiefer
Landfill
Option 2
Alternate
Landfill
(optional)
Option 3
New Carts
Option
4 Two
Large Item
Collections
Service
Alternative
Desired Landfill Kiefer
32-gallon trash can $28.95
64-gallon trash can $34.47
96-gallon trash can $45.91
Street Sweeping $1.09
Additional large item/yard (over 10 yards) $11.34
Late set-out trash per cart (same day) $7.34
Late set-out trash per cart (next day) $12.45
Late set-out recycle per cart (same day) $6.68
Late set out recycle per cart (next day) $10.38
Late set-out green waste/cart (same day) $6.68
Late set-out green waste/ cart (next day) $11.80
Extra 32-gallon trash cart $7.89
Extra 64-gallon trash cart $11.08
Extra 96-gallon trash cart $15.68
Extra recycle cart $2.98
Extra green waste cart $5.12
Extra cart exchange $33.05
Recycle contamination charge $23.34
Green waste contamination charge $23.34
32-gallon cart replacement with delivery $78.08
64-gallon cart replacement with delivery $83.35
96-gallon cart replacement with delivery $88.56
The monthly fees for residential waste collection and recycling services are dependent on the garbage can size. The monthly fees cover the following services: curbside collection of trash, recyclables, organics, batteries, oil, oil filters and sharps; public education and outreach; customer service and billing; the bulky item program and illegal dumping collection; street sweeping; and one additional free recycling or organics cart.
CITY DIRECT CHARGES
Debris Collection Service above 2,000 yd3
(Section 12.02.2) Per Ton
Street Sweeping Other Associated Work
(Section 17.23.1)
Per Vehicle
per Hour
Emergency Services Hourly Rate
(Section 19.01)
Per Vehicle
per Hour
Form K (continued)
SERVICE RATES PROPOSAL
ITEM 20.1. ATTACHMENT 3
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
3559 Exhibit 7
3560 Monthly Street Sweeping Reports
3561 Contractor shall compile data on a daily basis and report the following information in 3562 electronic format to City on a monthly basis:
3563 Daily Route Data – Contractor shall provide the following data for each portion of the route 3564 swept. Data shall include at a minimum, the following information:
3565 1. Date of sweep
3566 2. Route number
3567 3. Street Sweeper identification number performing each route 3568 4. Name of sweeper operator on each route
3569 5. Total number of miles scheduled on entire route 3570 6. Total number of miles swept on entire route
3571 7. Beginning and ending odometer readings for portion of route completed 3572 8. Location of Sweep Waste transfer site or dumpsite 3573 9. Estimate of tons of debris collected and delivered to transfer site or dumpsite 3574 10. Estimate of volume (in cubic yards) of debris collected and delivered to transfer 3575 site or dumpsite
3576 11. Listing of streets not swept and reason for not sweeping 3577 12. Approximate number of parked cars using on-street parking on each sweep route 3578 13 Location of street trees that interfere with sweeping operations ITEM 20.1. ATTACHMENT 3
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
3579 Exhibit 8
3580 Example Quarterly Report Table Format and Content
3581
3582 Customer Services Comment Report
ITEM 20.1. ATTACHMENT 3
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
3583 Residential Disposal Report
Report Year 2023
Disposal Site: Newby Island MRF Jan Feb
A1 Recyclables Collected 549.9 389.3
A2 Residual % 18% 18%
A3 Residual Amount (A1*A2) 99.0 70.1
A4 Net Diverted Recyclables (A1-A3) 450.9 319.2
Disposal Site: Forward Landfill; Kiefer Landfill
B1 Waste Collected 1,504.6 1,211.4
Disposal Site: Disposal Site Varies
Mixed Organic Waste Collected (tons) 749.9 870.0
Residual % - estimation* 3.46%
Residual Amount (tons) 25.95 -
C1 Total Diverted (tons) 723.96 869.96
Disposal Site: Organics Waste Disposal Site Allocations Percentage allocated to Bowles Farming, Dos Palos (tons) estimate 63.43% Yard Waste sent to Bowles Farming, Dos Palos (tons) estimate 475.67 - Percentage allocated to Van Vleck, Rancho Murieta (tons) estimate 9.08% Yard Waste sent to Van Vleck, Rancho Murieta (tons) estimate 68.09 - Percentage allocated to Yolo County Central Landfill (tons) estimate 27.49% Mixed Organics sent to Yolo County Central Landfill (tons) estimate 206.15 - Disposal Site: Elder Creek
D1 Bulky Item Clean-up White Goods 14.1 23.0
Disposal Site: Zanker (Florin Perkins Disposal) and Sierra Waste E1 Bulky Item Material Collected 336.2 263.5
E2 Residual % - estimation* 20.1% 20.1%
E3 Residual Amount (E1*E2) 67.61 52.98
E4 Net Diverted Bulky Items (E1-E3) 268.6 210.5
F1 Illegal Dumping Yards Collected**
Recycling Facility: Safety Kleen
H1 Used Oil (Gallons) 46 350.0
H2 Oil Filters 11 95.0
H3 Used Oil Diversion (H1*7.58lbs/2000) 0.2 1.3
Recycling Facility: CEAR
I1 CRT Collection - Sierra Waste 3.15 1.52
I2 CRT - Elder Creek - -
I3 Total CRT (I1+I2) 3 2
I4 CRT Diversion (I3*50 lbs/2000) 0.08 0.04
Recycling Facility: Modern Waste
J1 Batteries (Bags) 34 195
J2 Batteries Diverted -Tons (I1/2000) 0.05 0.3
Disposal Site: Stericycle
K1 Sharps Stops for Pickups 10 21
K2 Sharp Container Pickups 18 37
T1 Total Diverted (A4+C1+D1+E4+G1+H3+I4+J2) 1,457.9 1,424.3 T2 Total Disposed (A3+B1+E3) 1,697.1 1,334.5
T3 Total Collected (T1+T2) 3,154.9 2,758.8
T4 Diversion Rate (T1/T3) 46.2% 51.6%
*estimation based on SWA's facility average from the past quarter **Yardage correlated with the city service requests
ITEM 20.1. ATTACHMENT 3
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
3584 Exhibit 9
3585 Administrative Charges
3586
3587
PERFORMANCE STANDARD
ITEM
ADMINISRATIVE
CHARGE
IF CURED
WITHIN
30 Days
(1)
CONTRACT
REFERENCE
(2)
ARTICLE 1 - DEFINITIONS
ARTICLE 2 - TERM OF CONTACT
ARTICLE 3 -CONDITIONS GOVERNING SERVCIES PROVIDED BY THE
CONTRACTOR
ARTICLE 4 - FRANCHISE FEES AND PAYMENTS
Failure to submit to City all
payments by the deadlines
required under the provisions of
this Agreement
1% of total amount due for every
month or portion of a month
overdue.
Article 4
ARTICLE 5 -COLLECTION RATES
ARTICLE 6 -COLLECTION SERVICE BILLINGS
ARTICLE 7 - DIVERSION REQUIREMENTS
Failure to meet Annual
Minimum Diversion
Requirement
Shortfall of 0.1% - 2%: $25,000
Shortfall greater than 2%:
$50,000
Article 7
ARTICLE 8 - SERVICE UNITS
Failure to provide carts to new
Service Units within five (5)
Work Days (3)
$50/day Section
8.02.1 ITEM 20.1. ATTACHMENT 3
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
ARTICLE 9 - GENERAL REQUIREMENTS
Commingling of any of the
three commodities or
Commingling of any City
materials with non-City
materials
$1,000/event Section 9.07
Disposing of Recyclable
Materials or Organic
Recyclable Materials without
the City's written approval
$1,000/event 10.08.3
Failure to follow Recyclable
Materials and Organic
Recyclable Material
Contamination Protocols or
issue Contamination Notice
$250/route/day Section 9.09
Failure to complete Transition
Plan as specified in Exhibit 9
$100/day/individual
requirement
$0.00 9.14
Failure of collection containers
to be compliant with the
specifications of Exhibit 4
$50/container/day $0.00 Exhibit 4
ARTICLE 10 - RESIDENTIAL COLLECTION SERVICE
Failure or neglect to complete
at least ninety percent (90%) of
each route on the regularly
scheduled collection day
$1,000/route Articles 10,
13 Providing collection services
outside of specified hours and
days of collection
$100/day Section 10.05
Failure to return containers to
the upright position in the same
location as set out for collection
$25/container for any more than
ten (10) knocked over containers
per day for all routes
Section 10.06
ITEM 20.1. ATTACHMENT 3
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
Failure to provide Additional
Containers within five (5) Work
Days of Service Recipient
request (3)
$50/day Section
10.06.3 Failure to replace containers
within five (5) Work Days of
Service Recipient request (3)
$50/day Section
10.06.4 Failure to exchange containers
within five (5) Work Days of
Service Recipient request (3)
$50/day Section
10.06.6 Delivery of any Solid Waste
load to a non-Approved facility
$1,000/load Sections
1.35, 1.56,
1.61 Sections
10.07.2,
10.08.3,
10.10.2 Failure to schedule and collect
Large Items within (7) Work
Days of Service Recipient
request (3)
$50/day Section
10.12.2 Failure to process bulky waste
and large Items for recovery
using a City approved certified
sorting facility
$250 per load Section
10.12.4 ARTICLE 11 - CITY
COLLECTION SERVICES
ARTICLE 12 - OTHER COLLECTION SERVICE
ARTICLE 13 - COLLECTION ROUTES
Changing routes without proper notification and approval by the Contract Administrator
$500/rout
e/day
Section 13
ITEM 20.1. ATTACHMENT 3
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
Failure to conduct the required
number of Route Reviews
$50/review below minimum
required annual number
$0.00 Section
13.04 ARTICLE 14 - BILLING
AUDITS AND
PERFORMANCE REVIEWS
ARTICLE 15 - COLLECTION EQUIPMENT
Failure to use new collection vehicles as of July 1, 2026 $100/day /vehicle
$0.00
Using a collection vehicle that
is older than ten (10) years
without City's written
permission
$100/day/vehicle Section 15.02
Failure to display Contractor's
name and customer service
phone number on Collection
vehicles as required
$100/incident/day $0.00 Section 15.07
Vehicles in excess of legal load
weight
$100 per vehicle
after ten (10) such
instances in any
given calendar
quarter unless
overweight by
more than one (1)
ton (2,000 lbs.)
Section
15.04 Vehicles in excess of 2,000 lbs.
legal load weight
$250 per overweight load Section 15.04
ARTICLE 16 -
CONTRACTORS OFFICE
Failure to maintain call center hours as required by this Agreement $100 per day
$0.00
ITEM 20.1. ATTACHMENT 3
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
Failure to respond to messages
by the end of the next Work
Day (3)
$50/day 16.01.4
Directing calls to City $100 per call Section 16.02
Any failure to have customer
service representative answer
phone call within a two (2)
minute average for any month
$2,500 per month Not directly
cited
For each caller having to wait
more than ten (10) minutes
before call is answered or
abandoned
$50/call for all such calls in
excess of one (1) per 1,000 calls
received
Not directly
cited
ARTICLE 17 - STREET
SWEEPING SERVICES
Operating street sweeping vehicles in excess of ten (10) miles per hour while on route
$100/day
/vehicle
Section 17
Failure to maintain operable
GPS system in street sweeping
vehicle
$100/day/vehicle $0.00 Section
17.20.3 Failure to fully complete a route
as scheduled
$250/route Section
17.19.1 Failure to provide required
Monthly Report
$100/day $0.00 Section
17.25 ARTICLE 18 - OTHER
SERVICES
Failure to perform all of the approved Public Education and Outreach Plan activities.
$500/acti
vity
$0.00
ARTICLE 19 - EMERGENCY
SERVICE PROVISIONS
ITEM 20.1. ATTACHMENT 3
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
ARTICLE 20 - RECORDKEEPING AND REPORTING
Failure to provide the City with an up to date Implementation Record upon City's request
$1,000/d
ay
$0.00
Failure to submit to the City all
reports by the required
deadlines
$100/day $0.00 Section
20.02.1 Section
20.03.1 Failure to include all parts of
quarterly and annual reports
$100/day $0.00 Section
20.02.02 Section 20.03
ARTICLE 21 -
NONDISCRIMINTATION
ARTICLE 22 - SERVICE INQUIRES AND COMPLAINTS
Failure to respond to each compliant no later than the end of the following Work Day after receipt of complaint (3)
$50/incid
ent
Section 22
Failure to have resolved or
initiated timely corrective action
to resolve a complaint within
three (3) Work Days of receipt
of complaint (3)
$50/incident Section
20.01.5 Failure to collect missed
collection container by close of
the next Work Day (3)
$50/day Section 22.1
ARTICLE 23 - QUALITY OF
PERFORMANCE OF
CONTRACTOR
ARTICLE 24 - PERFORMANCE BOND
Failure of Contractor to provide proof of performance bond as required by this Agreement
Agreeme
nt
Default
$500 per d
Cured with
days
ITEM 20.1. ATTACHMENT 3
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
ARTICLE 25 - INSURANCE
Failure of Contractor to provide proof of insurance as required by this Agreement Agreeme nt
Default
$500 per d
cured withi
days
ARTICLES 26-30
ARTICLE 31 - CONTRACTOR'S PERSONNEL
Failure to have Contractor personnel in Contactor-provided uniforms $25/day/ employe
e
$0.00
ARTICLES 32-52
(1) If not cured within 30 days Administrative Penalties shall apply from the original date of the infraction, except in the case of the proof of the Performance Bond and Insurance, which shall incur an administrative charge of $500 per day until cured. (2) Not limited to cited reference. Other references may also apply. (3) Contractor to track and report performance relative to these Performance Standards as part of quarterly reports.
3588
3589
3590
ITEM 20.1. ATTACHMENT 3
Attachment 4
DRAFT
RESIDENTIAL SOLID WASTE SERVICES AND
STREET SWEEPING SERVICES CONTRACT
Executed Between The
City of Rancho Cordova
And
Allied Waste Services of North America
January 1, 2025
ITEM 20.1. ATTACHMENT 4
1 TABLE OF CONTENTS
2 ARTICLE 1. DEFINITIONS ............................................................................................10 3 ARTICLE 2. TERM OF CONTRACT ..............................................................................22 4 2.01 Term
5 2.02 Extension of Term
6 2.03 Other Provisions
7 2.04 Performance Review
8 ARTICLE 3. CONDITIONS GOVERNING SERVICES PROVIDED BY THE 9 CONTRACTOR ..............................................................................................................23 10 3.01 Grant of Exclusive Contract
11 3.02 Sale or Donation of Recyclable Materials by Service Recipients 12 3.03 Gardening and Landscaping Services
13 ARTICLE 4. FRANCHISE FEES AND PAYMENTS........................................................23 14 4.01 Reimbursement Fee
15 4.02 Franchise Fee
16 4.03 Annual Payment for City Services
17 4.04 Late Payment
18 ARTICLE 5. COLLECTION RATES.................................................................................25 19 5.01 Collection Service Rates
20 5.02 Maximum Service Rate Adjustment
21 5.03 CPI Adjustment Calculation
22 5.04 Extraordinary Adjustments
23 5.05 Procedures in Event of Invalidation of Rate Adjustment 24 ARTICLE 6. COLLECTION SERVICE BILLING…..........................................................28 25 6.01 Responsibility for Service Billing and Collection 26 6.02 Invoices
27 6.03 Timing; Frequency
28 6.04 Partial Month Service
29 6.05 Overpayments
30 6.06 Delinquent Service Accounts
31 6.07 Contractor’s Reservation of Legal Rights and Remedies 32 ARTICLE 7. DIVERSION REQUIREMENTS…...............................................................29 33 7.01 Minimum Requirements
34 7.02 Franchised Diversion Rate Calculation
35 7.04 Warrantees and Representations
36 7.05 Mutual Cooperation
37 7.05 Guarantee
38 ARTICLE 8. SERVICE UNITS.......................... …..........................................................31 39 8.01 Service Units
40 8.02 Service Unit Changes
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
41 8.03 Annexation
42 8.04 Route Map Update
43 ARTICLE 9. GENERAL REQUIREMENTS.....................................................................32 44 9.01 Service Standards
45 9.02 Labor and Equipment
46 9.03 Holiday Service
47 9.04 Inspections
48 9.05 Spillage and Litter
49 9.06 Ownership of Materials
50 9.07 Commingling of Materials
51 9.08 Recyclable Materials and Organic Recyclable Material Contamination 52 9.09 Recyclable Materials and Organic Recyclable Material Contamination 53 Protocols
54 9.10 Disputes Over Excess Contamination Charges
55 9.11 Plan of Correction
56 9.12 Recyclable Material and Organic Recyclable Material Processing 57 Capacity
58 9.13 Regulations and Record Keeping
59 9.14 Transition
60 ARTICLE 10. RESIDENTIAL COLLECTION SERVICE .................................................37 61 10.01 Residential Collection Service
62 10.02 Conditions of Service
63 10.03 On-Premises Service
64 10.04 Frequency and Scheduling of Service
65 10.05 Hours and Days of Collection
66 10.06 Manner of Collection
67 10.07 Residential Garbage Collection Service
68 10.08 Residential Recycling Service
69 10.09 Organic Recyclable Material Collection Service 70 10.10 Organic Recyclable Material Processing Services 71 10.11 Leaf Collection Service
72 10.12 Large Item Collection Service
73 10.13 Residential Used Oil Collection Service
74 10.14 Sharps Collection Service
75 ARTICLE 11. City COLLECTION SERVICE ..................................................................47 76 11.01 City Collection Service
77 11.02 City Service Unit Recycling Program
78 11.03 City Garbage Collection Service
79 11.04 City Recycling Collection Service
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
80 11.05 Material Recovery Facility
81 11.06 Organic Recyclable Materials Collection Service 82 11.07 City Event Services
83 11.08 Large Item Collection Service
84 ARTICLE 12. OTHER COLLECTION SERVICE …….....................................................51 85 12.01 Additional Programs
86 12.02 Debris Collection Service
87 12.03 Special Clen-Up Service
88 ARTICLE 13. COLLECTION ROUTES ..........................................................................52 89 13.01 Service Routes
90 13.02 Service Route Changes
91 13.03 Collection Route Audits
92 13.04 Route Reviews
93 ARTICLE 14. BILLING AUDITS AND PERFORMANCE REVIEWS...............................53 94 14.01 Contractor Billing Audits
95 14.02 Performance and Financial Reviews
96 14.03 Public Hearing
97 14.04 Cooperation with Other Program Reviews
98 ARTICLE 15. COLLECTION EQUIPMENT ....................................................................54 99 15.01 General Provisions
100 15.02 Collection Vehicles
101 15.03 Collection Vehicle Technology
102 15.04 Collection Vehicle Size Limitations / Overweight Vehicle Charge 103 15.05 Registration; Inspection
104 15.06 Safety Markings
105 15.07 Vehicle Signage and Painting
106 15.08 Bin and Roll-Off Container Signage, Painting, and Cleaning 107 15.09 Vehicle Certification
108 15.10 Equipment Maintenance
109 15.11 Maintenance Log
110 15.12 Equipment Inventory
111 15.13 Reserve Equipment
112 15.14 Large Items
113 15.15 Collection Vehicle Noise Level
114 ARTICLE 16. CONTRACTOR’S OFFICE ......................................................................57 115 16.01 Contractor’s Office
116 16.02 Call Center Performance Tracking
117 ARTICLE 17. STREET SWEEPING SERVICES ...........................................................58 118 17.01 Street Seeping Service
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
119 17.02 Compensation for Street Sweeping Service
120 17.03 Manner of Service
121 17.04 Traffic Laws
122 17.05 Parked Vehicles
123 17.06 Call Backs
124 17.07 Water
125 17.08 Sweeper Speed
126 17.09 Width of Sweeper Path
127 17.10 Intersections
128 17.11 Frequency and Day of Service
129 17.12 Hours and Days of Service
130 17.13 Disposal of Sweep Waste
131 17.14 Spillage
132 17.15 Changes in Streets
133 17.16 Obstructions
134 17.17 Hazardous Waste
135 17.18 Coordination with Other City Programs
136 17.19 Street Sweeping Service Routes
137 17.20 Equipment Specifications
138 17.21 Protection/Restoration of Public and Private Property 139 17.22 Accidents
140 17.23 Additional Street Sweeping Services
141 17.24 Emergency Service Provisions – Route Variances 142 17.25 Reporting Requirements
143 17.26 Street Sweeping Quality of Work
144 17.27 Administration Charges
145 ARTICLE 18. OTHER SERVICES .................................................................................68 146 18.01 Public Education and Outreach Services
147 18.02 City Recycling Coordinator
148 18.03 Annual Collection Service Notice
149 18.04 Programs and Services
150 18.05 Recovered Organic Recyclable Material Product 151 18.06 News Media Relations
152 18.07 Submittal of Drafts to City
153 18.08 Looking Out for You Program
154 ARTICLE 19. EMERGENCY SERVICE PROVISIONS ..................................................69 155 19.01 Emergency Services
156 19.02 Disaster Recovery Support
157 ARTICLE 20. RECORD KEEPING AND REPORTING REQUIREMENTS.....................70 ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
158 20.01 Record Keeping
159 20.02 Quarterly Reporting
160 20.03 Annual Reporting
161 20.04 Reporting for Enforcement and CalRecycle
162 20.05 CalRecycle Reports
163 20.06 Additional Reporting
164 ARTICLE 21. NONDISCRIMINATION ...........................................................................75 165 21.01 Nondiscrimination
166 ARTICLE 22. SERVICE INQUIRIES AND COMPLAINTS .............................................75 167 22.01 Contractor’s Customer Service
168 ARTICLE 23. QUALITY OF PERFORMANCE OF Contractor .......................................76 169 23.01 Intent
170 23.02 Service Supervisor
171 23.03 Contract Administrator
172 23.04 Administrative Charges
173 23.05 Alternative Process – Notice of Non-Compliance 174 ARTICLE 24. PERFORMANCE BOND ..........................................................................78 175 24.01 Performance Bond
176 24.02 Letter of Credit
177 ARTICLE 25. INSURANCE ...........................................................................................79 178 25.01 Insurance Policies
179 25.02 Minimum Limits of Insurance
180 25.03 Deductible and Self-Insured Retention
181 25.04 Endorsements
182 25.05 Acceptability of Insurers
183 25.06 Verification of Coverage
184 25.07 Proof of Insurance
185 25.08 Subcontractors
186 25.09 Modification of Insurance Requirement
187 25.10 Rights of Subrogation
188 ARTICLE 26. INDEMNIFICATION .................................................................................81 189 26.01 Indemnification
190 26.02 Hazardous Materials Indemnification
191 26.03 Indemnification for Failure to Meet AB 939 Goals 192 26.04 Consideration
193 26.05 Obligation
194 26.06 Subcontractors
195 26.07 Exception
196 26.08 Damage by Contractor
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
197 ARTICLE 27. DEFAULT OF CONTRACT ......................................................................84 198 27.01 Termination
199 27.02 Violations
200 27.03 Effective Date
201 27.04 Immediate Termination
202 27.05 Termination Cumulative
203 ARTICLE 28. MODIFICATIONS TO THE CONTRACT ..................................................86 204 28.01 Modifications
205 28.02 Change in Law
206 28.03 Initiative and Technology Changes
207 28.04 Service Proposal
208 28.05 Incremental Costs
209 28.06 Other Contractors
210 28.07 Modification and Evaluation
211 28.08 Termination for Cause
212 28.09 Termination with Cause
213 28.10 Rate Adjustment at Termination
214 ARTICLE 29. LEGAL REPRESENTATION ...................................................................89 215 29.01 Acknowledgement
216 ARTICLE 30. FINANCIAL INTEREST ...........................................................................89 217 30.01 Representation
218 ARTICLE 31. Contractor's PERSONNEL.......................................................................90 219 31.01 Personnel Requirements
220 ARTICLE 32. EXEMPT WASTE ....................................................................................91 221 ARTICLE 33. INDEPENDENT Contractor .....................................................................91 222 ARTICLE 34. LAWS TO GOVERN ................................................................................91 223 ARTICLE 35. CONSENT TO JURISDICTION ...............................................................91 224 ARTICLE 36. ASSIGNMENT .........................................................................................92 225 ARTICLE 37. COMPLIANCE WITH LAWS ................................ ...................................92 226 ARTICLE 38. PERMITS AND LICENSES ......................................................................92 227 ARTICLE 39. OWNERSHIP OF WRITTEN MATERIALS...............................................92 228 ARTICLE 40. WAIVER ...................................................................................................93 229 ARTICLE 41. PROHIBITION AGAINST GIFTS ..............................................................93 230 ARTICLE 42. POINT OF CONTACT ..............................................................................93 231 ARTICLE 43. NOTICES ..................................................................................................93 232 ARTICLE 44. TRANSITION TO NEXT CONTRACTOR .................................................94 ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
233 ARTICLE 45. CONTRACTOR’S RECORDS..................................................................95 234 ARTICLE 46. ENTIRE CONTRACT ...............................................................................95 235 ARTICLE 47. SEVERABILITY ........................................................................................95 236 ARTICLE 48. RIGHT TO REQUIRE PERFORMANCE ..................................................96 237 ARTICLE 49. ALL PRIOR CONTRACTS SUPERSEDED ..............................................96 238 ARTICLE 50. HEADINGS ...............................................................................................96 239 ARTICLE 51. EXHIBITS ................................................................................................ 96 240 ARTICLE 52. EFFECTIVE DATE .................................................................................. 96 241
242
243 EXHIBITS
1 Monthly Base Service Rates .....................................................................98 2 Residential and Commercial Street Sweeping Maps ................................. 99 3 City Service Units....................................................................................100 4 Cart Specifications ..................................................................................101 5 Performance Bond ..................................................................................102 6 Contractor’s Proposal..............................................................................103 7 Monthly Street Sweeping Reports ...........................................................106 8 Example Quarterly Report Table Format and Content.............................110 9 Administrative Charges ...........................................................................112 ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
CITY OF RANCHO CORDOVA
244 This Contract made and entered into this ________, by and between the City of Rancho 245 Cordova, a municipal corporation of the State of California, hereinafter referred to as "City" 246 and Allied Waste Services of North America, hereinafter referred to as "Contractor". 247 The Legislature of the State of California, by enactment of the California Integrated Waste 248 Management Act of 1989 (the “Act”) and subsequent additions and amendments (codified 249 at California Public Resources Code Section 40000 et seq. ), has declared that it is in the 250 public interest to authorize and require local agencies to make adequate provisions for 251 solid waste, recyclables, and organic recyclables handling within their jurisdiction. 252 The State of California has found and declared that the amount of garbage generated in 253 California, coupled with diminishing landfill space and potential adverse environmental 254 impacts from landfilling and the need to conserve natural resources, have created an 255 urgent need for State and local agencies to enact and implement an aggressive integrated 256 waste management program. The State has, through enactment of the Act, directed the 257 responsible State agency, and all local agencies, to promote disposal site diversion and 258 to maximize the use of feasible garbage reduction, re-use, recycling, and composting 259 options to reduce the amount of garbage that must be disposed of in disposal sites. 260 In September 2016 Senate Bill 1383 (SB 1383) was signed into law establishing methane 261 emissions reduction targets including organics and recycling compliance targets as stated 262 in Health & Safety Code § 39730.6, which are designed to progressively achieve 263 California’s goal of 75% recycling, composting or source reduction of solid waste by 2025. 264 Pursuant to its Municipal Code and California Public Resources Code Section 40059(a) 265 as may be amended from time to time, City has determined that the public health, safety, 266 and well-being require that an exclusive right be awarded to a qualified contractor to 267 provide for the collection of garbage, recyclable materials, and organic materials, except 268 for collection of materials excluded in City’s Municipal Code, and other services related to 269 meeting the Act’s 50 percent diversion goal and other requirements of the Act. 270 City further declares its intent to regulate and set the maximum rates Contractor may 271 charge Service Recipients for the collection, transportation, processing, recycling, 272 composting, and/or disposal of residential garbage, recyclable materials, and organic 273 materials.
274 The City Council has determined that Contractor, by demonstrated experience, reputation, 275 and capacity, is qualified to provide for the collection of residential garbage, recyclable ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
276 materials, and organic materials within the corporate limits of City, the transportation of 277 such material to appropriate places for processing, recycling, composting and/or disposal; 278 and City Council desires that Contractor be engaged to perform such services on the basis 279 set forth in this Agreement.
280 This franchise agreement confers significant benefit to the Contractor including the use of 281 the City right of way to perform services. The City’s franchise fees are similar to and in 282 some instances lower than comparable or geographically proximate jurisdictions. The City 283 has analyzed the amount of franchise fees changed to the Contractor and has determined 284 that these fees are reasonable in relationship to the value and benefits conferred to the 285 Contractor for the use of the City’s right of way to perform services pursuant to the 286 franchise agreement as well as the increased burden to the City to maintain its right of 287 way attributed to traffic from Contractor’s vehicles. 288 Contractor has represented that it has the ability and capacity to provide for the collection 289 of garbage, recyclable materials, and organic materials within the corporate limits of City; 290 the transportation of such material to appropriate places for processing, recycling, 291 composting and/or disposal; and the processing of materials. 292 Now, therefore, in consideration of the mutual covenants, Contracts and consideration 293 contained herein, City and Contractor hereby agree as hereinafter set forth:
294 ARTICLE 1. Definitions
295 For the purpose of this Residential Solid Waste Services and Street Sweeping Contract, 296 hereinafter referred to as "Contract", the definitions contained in this Article shall apply 297 unless otherwise specifically stated. If a word or phrase is not defined in this Article, the 298 definition of such word or phrase as contained in the appropriate chapter of the Rancho 299 Cordova Municipal Code shall control. When not inconsistent with the context, words 300 used in the present tense include the future, words in the plural include the singular, and 301 words in the singular include the plural. Use of the masculine gender shall include the 302 feminine gender.
303 1.01 Applicable Law. All Federal, State, County, and local laws, regulations, rules, 304 orders, judgments, decrees, rulings, permits, approvals, or other requirement of any 305 governmental entity or regulatory or quasi-regulatory authority having jurisdiction over an 306 aspect of the Collection services, including judicial interpretations thereof, that are in force 307 on the Effective Date including without limitation the Act and all regulations of CalRecycle, 308 and as may be enacted, issued or amended thereafter, until termination or expiration of 309 this Contract.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
310 1.02 Approved Sharps Container. A receptacle that is approved by the City, for 311 the Collection of Sharps.
312 1.03 Bin. A metal or plastic container, with a capacity of one (1) cubic yard up to 313 and including eight (8) cubic yards, designed or intended to be mechanically dumped into 314 a loader packer type truck, that is approved for Collection Services by City. Bins may also 315 include compactors that are owned by City Service Units by which the City Collection 316 Service occurs.
317 1.04 Biohazardous or Biomedical Waste. Any waste which may cause disease or 318 reasonably be suspected of harboring pathogenic organisms; included are wastes 319 resulting from the operation of medical clinics, hospitals, and other facilities processing 320 wastes which may consist of, but are not limited to, human and animal parts, contaminated 321 bandages, pathological specimens, hypodermic needles, Sharps, contaminated clothing 322 and surgical gloves.
323 1.05 Blue Container. A Container colored as follows: (a) a lid shall be blue, or (b) 324 the body shall be blue and the lid shall be blue. Hardware such as hinges and wheels 325 may be any color.
326 1.06 Brown Goods. Electronic equipment such as stereos, televisions, computers, 327 monitors, VCR’s and other similar items.
328 1.07 CalRecycle. The State of California Department of Resources Recycling and 329 Recovery.
330 1.08 Cart. A heavy plastic receptacle with an approximate capacity of at least thirty331 two (32) and not more than one hundred (100) gallons, having a hinged tight-fitting lid and 332 wheels, that is approved by the Contract Administrator for use by Service Recipients for 333 Collection Services under this Contract.
334 1.09 CERCLA. The Comprehensive Environmental Response, Compensation and 335 Liability Act of 1980 (42 U.S.C. Section 9600 et. Seq). 336 1.10 Change In Law. Change in Law means any of the following events or conditions 337 which has material and adverse effects on the performance by the parties of their 338 respective obligations under this Agreement (except for payment obligations), or on the 339 siting, design, permitting, acquisition, construction, equipping, financing, ownership, 340 possession, management operation or maintenance of the operating assets or providing 341 the franchise service or other matters to which Applicable Law applies:
342 A. the enactment, adoption, promulgation, issuance, modification, or 343 written change of or in Applicable Law, including but not limited to new or increased fees 344 and charges imposed by the State of California, U. S. Federal government, City of ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
345 Rancho Cordova, or Sacramento County, directly related to the collection, handling, 346 processing, recycling or disposal of Solid Waste, or the enactment, adoption, 347 promulgation, issuance, modification, or written change in administrative or judicial 348 interpretation on or after Effective Date of any Applicable Law. Change in Law explicitly 349 precludes any changes in laws or regulations promulgated by any government agency 350 or regulatory body outside of the United States’ jurisdiction; 351 B. the order or judgment of any U. S. Federal Government Body, 352 California State Government Body, City Government Body, or Sacramento County 353 Government Body, on or after the Effective Date, to the extent such order or judgment 354 is not the result of willful or negligent action, error or omission or lack of reasonable 355 diligence of the City or of the Contractor, whichever is asserting the occurrence of a 356 Change in Law; provided, however, that the contesting in good faith or the failure in good 357 faith to contest any such order or judgment shall not constitute or be construed as such 358 a willful or negligent action, error or omission or lack of reasonable diligence; or 359 C. the denial of an application for, delay in the review, issuance or 360 renewal of, suspension, termination, interruption or imposition of a new or more stringent 361 condition in connection with the issuance, renewal or failure of issuance or renewal on 362 or after the Effective Date of any Legal Entitlement to the extent that such denial, delay, 363 suspension, termination, interruption, imposition or failure materially and adversely 364 interferes with the performance of this Agreement, of and to the extent that such denial, 365 delay, suspension, termination, interruption, imposition or failure is not the result of willful 366 or negligent action, error or omission or a lack of reasonable diligence of the City or of 367 the Contractor, whichever is asserting the occurrence of a Change of Law; provided, 368 however, that the contesting in good faith or failure in good faith to contest any such 369 denial, delay, suspension, termination, interruption, imposition or failure shall not be 370 construed as such a willful or negligent action, error or omission or lack of reasonable 371 diligence.
372 1.11 City. The City of Rancho Cordova, California.
373 1.12 City Collection Service. City Garbage Collection Service, City Recycling 374 Collection Service, City Organic Recyclable Material Collection Service, City Container 375 Service, City Event Service, and Large Item Collection Service. 376 1.13 City Container Service. The Collection of Garbage and Recyclables from 377 public containers distributed and maintained by the City and the transport and delivery of 378 the collected materials to the appropriate facility. 379 1.14 City Event Service. The Collection of Garbage, Recyclables, and Organic 380 Recyclable Materials, and the provision of other services as set forth in this Contract, at 381 City-sponsored or supported events.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
382 1.15 City Service Unit. Those City properties as set forth in Exhibit 3, “City 383 Service Units”, which is attached to and included in this Contract. 384 1.16 City Recycling Collection Service. The Collection of Recyclable Materials, 385 by the Contractor, including dry cell household batteries when set out in the place and 386 manner agreed to between the City and the Contractor, from City Service Units in the 387 Service Area and the delivery of those Recyclable Materials to a Materials Recovery 388 Facility.
389 1.17 City Garbage. Garbage resulting from the normal activities of a City Service 390 Unit. City Garbage must be generated by and at the City Service Unit wherein the City 391 Garbage is Collected and does not include items defined herein as Exempt Waste. 392 1.18 City Garbage Collection Service. The Collection of City Garbage by the 393 Contractor, from City Service Units in the Service Area, and the delivery of that City 394 Garbage to a Disposal Facility.
395 1.19 City Waste. City Garbage, Recyclables, Organic Recyclable Material, and 396 Large Items resulting from the normal activities of a City Service Unit. City Waste must 397 be generated by and at the City Service Unit wherein the City Waste is Collected and 398 does not include items defined herein as Exempt Waste. 399 1.20 Collection. The process whereby Residential Waste, City Waste, 400 Recyclable Materials and other materials are removed and transported to a Disposal 401 Facility, Organic Recyclable Material Processing Facility, Materials Recovery Facility or 402 other facility as appropriate.
403 1.21 Collection Services. Residential Collection Service, City Collection Service, 404 Special Clean-up Service, and Debris Collection Service. 405 1.22 Commercial Streets. Commercial Streets include larger arterial and major 406 collectors in the Service District, as designated by the Contract Administrator. 407 1.23 Construction and Demolition Debris. Used or discarded materials resulting 408 from construction, remodeling, repair or demolition operations on any pavement, house, 409 commercial building or other structure and such other materials as may be removed during 410 the normal cleanup process of such construction, remodeling, repair, or demolition 411 operations.
412 1.24 Consumer Price Index. Water and sewer and trash collection services in U. 413 S. city average, all urban consumers, seasonally adjusted. Series Ed: CUSR0000SEHG. 414 1.25 Container. Any Cart or Bin.
415 1.26 Contamination Charge. Additional charge to Service Recipient for 416 Recycling Carts or Organic Recyclable Material Carts that are visibly contaminated..
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
417 1.27 Contract. The written document and all amendments thereto, between the 418 City and the Contractor, governing the provision of Residential Solid Waste Services and 419 Street Sweeping Contract as provided herein.
420 1.28 Contract Administrator. That person, or their designee, designated by the 421 City to administer and monitor the provisions of this Contract. 422 1.29 Contract Year. Each twelve (12) month period from January 1 to December 423 31.
424 1.30 Contractor. That person or entity that has obtained from the City a Contract 425 to provide Collection Services and Street Sweeping Services as set forth herein. 426 1.31 County. Sacramento County, California.
427 1.32 Curb Mile. The distance of one mile along one side of a street as measured 428 by the City along the center line of the street. Distances along Median Islands are 429 considered Curb Miles.
430 1.33 Debris Collection Service. The Collection and appropriate disposal or 431 processing of abandoned or discarded Large Items and other materials in the public right 432 of way by the Contractor within the Service Area. Such Collection by the Contractor shall 433 be limited to the equivalent of two thousand (2,000) cubic yards in any Contract Year. 434 1.34 Deceased Wildlife. Dead animals including squirrel or other rodent, bird, 435 raccoon, possum, coyote, deer or other non-domestic animals, as deemed appropriate by 436 the City, that are found on or near City rights-of-way. 437 1.35 Disposal Facility. The facility designated by Contractor and approved by the 438 City for the disposal, or processing as appropriate, of Residential Garbage, City Garbage 439 and other materials as appropriate and acceptable, which has obtained, and maintains 440 during the term of this Contract, valid permit(s) to accept, process or dispose of Residential 441 Solid Waste, City Solid Waste and such other materials as may be delivered by Contractor 442 under the terms of this Contract.
443 1.36 Dwelling Unit. An individual living unit in a dwelling unit as defined in 444 Government Code section 66411. 7(j)(2), single-family house, condominium, townhouse, 445 mobile home, duplex (two units), triplex (three units), fourplex (four units) or building of 446 four (4) or less total individual living units intended for, or capable of being utilized for, 447 residential living other than a Hotel or Motel.
448 1.37 Exempt Waste. Biohazardous or Biomedical Waste, Hazardous Materials, 449 Sludge, Stable Matter, Green Waste or lumber that is more than five (5) feet in length in 450 its longest dimension or two (2) feet in diameter, automobiles, automobile parts, boats, 451 boat parts, boat trailers, internal combustion engines, lead-acid batteries, and those 452 wastes under the control of the Nuclear Regulatory Commission. Exempt Waste does not ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
453 include Used Oil, Used Oil Filters, dry cell household batteries or Sharps when placed for 454 Collection as set forth in this Contract or as otherwise directed by the City. 455 1.38 Franchised Diversion Rate. The rate of diversion that Contactor achieves 456 as defined and calculated in Section 7.02 of this Agreement. 457 1.39 Food Waste. Food scraps and trimmings and other putrescible waste that 458 results from food production, preparation, storage, consumption, or handling. Food waste 459 includes, but is not limited to, meat, fish and dairy waste, fruit and vegetable waste, grain 460 waste, and compostable food soiled paper products.
461 1.40 Garbage. All putrescible and non-putrescible solid, semi-solid, and 462 associated liquid waste, as defined in California Public Resources Code section 40191, 463 attributed to normal activities of a Service Unit. Garbage must be generated by and at the 464 Service Unit wherein the Garbage is Collected. Garbage does not include those items 465 defined herein as Exempt Waste.
466 1.41 Gray Container. A Container colored as follows: (a) the lid shall be gray or 467 black, or (b) the body shall be gray or black and the lid shall be gray or black. Hardware 468 such as hinges and wheels may be any color.
469 1.42 Green Container. A Container colored as follows: (a) the lid shall be green, 470 or (b) the body shall be green, and the lid shall be green. Hardware such as hinges and 471 wheels may be any color.
472 1.43 Green Waste. Any vegetative matter resulting from normal yard and 473 landscaping maintenance that is not more than five (5) feet in its longest dimension or six 474 (6) inches in diameter or weighs no more than fifty (50) pounds. Green Waste includes 475 plant debris, such as Palm, Yucca and Cactus, grass clippings, leaves, pruning, weeds, 476 branches, brush, Christmas trees, and other forms of Organic Recyclable Material and 477 must be generated by and at the Residential or City Service Unit wherein the Green Waste 478 is Collected. Green Waste does not include items herein defined as Exempt Waste. 479 1.44 Green Waste Collection Service. The Collection of all Green Waste from 480 Residential or City Service Units in the Service Area and the delivery of that Green Waste 481 to a Green Waste Processing Facility.
482 1.45 Gross Revenues. All monetary amounts actually collected or received by 483 Contractor for the provision of Collection Services pursuant to this Contract. Gross 484 Revenue shall include all receipts from Service Recipients including late charges, 485 Contamination Charges, etc. , including franchise fees. The term Gross Revenues, for 486 purposes of calculating Franchise Fees, does not include any revenues generated from 487 Street Sweeping Fees, the sale of Recyclable Material, compost product or energy, grants, 488 cash awards, State of California Department of Conservation payments or rebates 489 resulting from the performance of this Agreement.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
490 1.46 Hauler Route. The designated weekly itinerary or sequence of stops 491 scheduled to be performed by one collection vehicle providing regularly scheduled 492 Garbage, Recyclable Material, or Organic Recyclable Material collection services (not on493 call or Bulky Item/Abandoned Waste) within the Contractor’s collection service area under 494 the Contract
495 1.47 Hazardous Materials. Those materials that may have a negative impact on 496 human health or the environment, including but not limited to all hazardous materials 497 defined in Health and Safety Code Section 25501, subdivision (n), namely any material 498 that, because of its quantity, concentration, or physical or chemical characteristics, poses 499 a significant present or potential hazard to human health and safety or to the environment 500 if released into the workplace or the environment. Under this Agreement, “Hazardous 501 Materials” include, but are not limited to, hazardous substances, hazardous waste, per502 and polyfluoroalkyl substances (“PFAS”), lead-containing paint, polychlorinated biphenyls 503 (“PCBs”), asbestos-containing materials (“ACMs”), asbestos containing construction 504 materials (“ACCMs”), and any material that Contractor reasonably believe(s) would, as a 505 result of or upon acceptance, be violation of local, state, or federal law, regulation, or 506 ordinance, including waste that cannot be disposed of in Class III landfills or material or 507 waste that in Contractor’s reasonable opinion would present a significant risk to human 508 health or the environment, cause a nuisance or otherwise create or expose Contractor or 509 City to potential liability. Hazardous Materials does not include any materials, wastes, or 510 Solid Waste defined as allowable materials for collection through this Agreement. 511 1.48 High Diversion Organic Recyclable Material Processing Facility. A facility 512 that is in compliance with the reporting requirements of 14 CCR Section 18815. 5(d) and 513 meets or exceeds an annual average mixed waste organic content recovery rate of 50 514 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 515 1, 2025 as calculated pursuant to 14 CCR Section 18815. 5(e) for Organic Recyclable 516 Material received from the “Mixed Waste Organic Collection Stream” as defined in 14 CCR 517 Section 17402(a)(11.5).
518 1.49 Household Hazardous Waste. Any Hazardous Waste generated incidental 519 to owning or maintaining a Residential Service Unit, excluding any Hazardous Waste 520 generated in the course of operation of a business concern at a Residential Service Unit, 521 in accordance with Section 25218. 1 of the California Health and Safety Code. 522 1.50 Hotel or Motel. A structure or building unit(s) capable of being utilized for 523 residential living where such unit or a group of such units is regularly rented to transients 524 or held out or advertised to the public as a place regularly rented to transients for periods 525 of seven (7) days or less. To meet this definition, the Hotel or Motel must be licensed to 526 operate as such.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
527 1.51 Implementation Record. The information required to be maintained as 528 required by SB 1383 Section 18995.2.
529 1.52 Kitchen Food Waste Pail. A receptacle with a rated capacity not exceeding 530 two and one-half (2.5) gallons, made in a material approved by the City, having a hinged 531 lid, suitable for use in a Residential Service Unit for temporary storage of Organic 532 Recyclable Material that is approved for such purpose by the City. 533 1.53 Large Green Waste. Oversized Green Waste such as tree trunks and 534 branches with a diameter of not less than six (6) inches and not more than two (2) feet 535 and a length of not more than five (5) feet in its longest dimension, which are attributed to 536 the normal activities of a Residential Service Unit or City Service Unit. Large Green Waste 537 must be generated by and at the Residential Service Unit or City Service Unit wherein the 538 Large Green Waste is Collected.
539 1.54 Large Items. Those materials including, but not limited to, furniture, 540 carpets, mattresses, White Goods, Brown Goods, clothing, tires, Large Green Waste, or 541 some combination of such items which are attributed to the normal activities of a 542 Residential Service Unit or City Service Unit. Large Items must be generated by and at 543 the Residential Service Unit or City Service Unit wherein the Large Items are Collected. 544 Large Items do not include items herein defined as Exempt Waste. 545 1.55 Large Item Collection Service. The periodic on-call Collection of Large 546 Items, by the Contractor, from Residential Service Units or City Service Units in the Service 547 Area, and the delivery of those Large Items to a City-Approved Materials Recovery Facility 548 or such other facility as may be appropriate under the terms of this Contract. Large Item 549 Collection Service does not include the Collection of Large Items through the use of Roll550 Off Containers. 551 1.56 Materials Recovery Facility (“MRF”). Any facility, designated by the 552 Contractor and approved by the City, which is designed, operated, and legally permitted 553 for the purpose of receiving, sorting, processing, storing, or preparing Recyclable 554 Materials for sale or recycling, and which has obtained and maintains during the term of 555 this Contract, valid permit(s) to accept, process and store Recyclable Materials and such 556 other materials as may be delivered by Contractor under the terms of this Contract. 557 1.57 Median Island. A dividing area, normally at curb height, between opposing 558 directions of traffic not normally located along streets. 559 1.58 Non-Collection Notice. A form developed and used by the Contractor, as 560 approved by the City, to notify Service Recipients of the reason for non-collection of 561 materials set out by the Service Recipient for Collection by Contractor pursuant to this 562 Contract.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
563 1.59 Organic Recyclable Material or “Organics”. Organics includes: Items 564 defined as “Food Waste” & “Green Waste”; compostable bags; paper coffee filters; food 565 soiled paper; food soiled cardboard paper coffee cups and cup sleeves; wooden 566 chopsticks, coffee stick stirrers, popsicle sticks, ice cream spoons, skewers, and other 567 uncoated or untreated wooden utensils; brown paper bags; food soiled paper towels; food 568 soiled newspaper; uncoated paper and cardboard “to go” containers (no metal or plastic); 569 cloth tea bags (plastic free); cardboard or paper egg cartons / cardboard berry baskets; 570 compostable utensils and plates (excluding compostable plastic utensils or plates); wine 571 corks (cork); toothpicks (wood); paper cupcake or muffin wrappers; and paper 572 plates/paper straws with no wax lining. Non acceptable materials in the Green Container 573 include: any glass; any metal; any plastic; any hazardous waste or hazardous substances; 574 plastic coated “to go” containers; plastic chopsticks; non-food soiled paper; non-food 575 soiled cardboard; human, animal and pet waste; polystyrene (Styrofoam); treated wood 576 waste; digestate and sludges; manure; biosolids; organic textiles & carpet; biodegradable 577 plastic; and wax coated containers such as milk and juice cartons or -coated paper cups. 578 1.60 Organic Recyclable Material Collection Service. The Collection of all 579 Organic Recyclable Material from Residential and City Service Units in the Service Area 580 and the delivery of that Organic Recyclable Material to an Organic Recyclable Material 581 Processing Facility.
582 1.61 Organic Recyclable Material Processing Facility. Any facility, designated by 583 Contractor, and approved by the City, which is designed, operated and legally permitted 584 for the purpose of receiving and processing Organic Recyclable Material and Large Green 585 Material which has obtained, and maintains during the term of this Contract, valid permit(s) 586 to accept and process Organic Recyclable Material, Large Green Material and such other 587 materials as may be delivered by Contractor under the terms of this Contract. 588 1.62 Prohibited Container Contaminants.
589 1.62.1 Non-Organic Recyclable Material placed in the Green Container, 590 including but not limited to, textiles and carpets, manure, biosolids, digestate, sludges, 591 non-compostable paper, Construction and Demolition Debris, Residential Garbage, 592 Exempt Waste, and Hazardous Waste.
593 1.62.2 Material placed in the Gray Container that is specifically identified 594 under the Contract for collection in the Green Container or Blue Container. 595 1.62.3 Non-Recyclable Material placed in the Blue Container. Paper 596 products and printing and writing paper may be considered acceptable and not considered 597 Prohibited Container Contaminants if they are placed in the Blue Container. 598 1.63 Recyclable Materials or “Recyclables”. Those materials that have been 599 source separated from Garbage, Green Waste or Organic Recyclable Materials that are 600 to be delivered to and processed at a MRF for diversion from landfill disposal. These ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
601 materials will be as defined by the City from time to time. Recyclable Materials being 602 Collected at the time of Contract execution include: newsprint (including inserts); mixed 603 paper (including magazines, catalogs, envelopes, junk mail, corrugated cardboard, Kraft 604 brown bags and paper, paperboard, paper egg cartons, and telephone books); glass 605 containers; aluminum beverage containers; small scrap and cast aluminum (not exceeding 606 forty (40) pounds in weight nor two (2) feet in any dimension for any single item); steel 607 including ”tin” cans and small scrap (not exceeding forty (40) pounds in weight nor two (2) 608 feet in any dimension for any single item); bimetal containers; mixed plastics such as 609 plastic bags, plastic film, plastic containers (1-7), and bottles including containers made of 610 HDPE, LDPE, PET, or PVC; aseptic containers; polystyrene; and dry cell household 611 batteries when set out for Collection in the manner prescribed herein; and those materials 612 added by the Contractor or City from time to time. Recyclable Materials may have a 613 negative scrap value, no scrap value or a positive scrap value. 614 1.64 Residential Collection Service. Residential Garbage Collection Service, 615 Residential Recycling Collection Service, Organic Recyclable Material Collection Service, 616 Large Item Collection Service, Sharps Collection Service, and Residential Used Oil 617 Collection Service.
618 1.65 Residential Recycling Collection Service. The Collection of Recyclable 619 Materials by the Contractor from Residential Service Units, including dry cell household 620 batteries when set out by the Service Recipient in heavy duty plastic bags and placed on 621 the Blue Cart, in the Service Area and the delivery of those Recyclable Materials to a 622 Materials Recovery Facility.
623 1.66 Residential Service Unit. Any Dwelling Unit in the Residential Collection 624 Service Area utilizing a Gray Container for the accumulation and set out of Residential 625 Garbage.
626 1.67 Residential Garbage. Garbage resulting from the normal activities of a 627 Residential Service Unit. Residential Garbage must be generated by and at the 628 Residential Service Unit wherein the Residential Garbage is Collected and does not 629 include items defined herein as Exempt Waste.
630 1.68 Residential Garbage Collection Service. The Collection of Residential 631 Garbage, by the Contractor, from Residential Service Units in the Service Area and the 632 delivery of that Residential Garbage to a Disposal Facility. 633 1.69 Residential Street. Residential Streets include smaller local or 634 neighborhood streets within the Service District, as designated by the City Representative. 635 1.70 Residential Used Oil Collection Service. The Collection of Used Oil in Used 636 Oil Containers and Used Oil Filters in Used Oil Filter Containers, by the Contractor, from 637 all Residential Service Units in the Service Area utilizing Used Oil and Filter Containers 638 for the accumulation and set-out of Used Oil and Used Oil Filters and the appropriate ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
639 disposition of the Used Oil and Used Oil Filters in accordance with the requirements of 640 this Contract.
641 1.71 Residential Waste. Residential Garbage, Organic Recyclable Material, 642 Recyclables, Large Items, Used Oil, and Used Oil Filters resulting from the normal 643 activities of a Residential Service Unit. Residential Waste must be generated by and at 644 the Residential Service Unit wherein the Residential Waste is Collected and does not 645 include items defined herein as Exempt Waste.
646 1.72 Residual or Residuals. Residual or Residuals means waste material 647 remaining after the processing of Organic Recyclable Material or Recyclable Material at 648 any facility designed, operated, and legally permitted for the purpose of receiving and 649 processing Organic Recyclable Material or Recyclable Material that is sent to a Disposal 650 Facility for disposal.
651 1.73 Roll-Off Collection Service. The Collection of Roll-Off Containers. 652 1.74 Roll-Off Container. A metal container with a capacity of twenty (20) or more 653 cubic yards that is normally loaded onto a motor vehicle and transported to an appropriate 654 facility.
655 1.75 Route Review. A visual inspection of contents within Containers along a 656 Hauler Route for the purpose of identifying Prohibited Container Contaminants, as 657 provided for in Section 13.04.
658 1.76 SB 1383. Chapter 13.1 (commencing with Section 42652) of Part 3 of 659 Division 30 of the California Public Resources Code, as it may be amended and as 660 implemented by the regulations of CalRecycle, together with Sections 39730.5 through 661 39730.8 of the California Health and Safety Code, as they may be amended. 662 1.77 Service Area. The area within the corporate limits of the City of Rancho 663 Cordova.
664 1.78 Service Unit. City Service Units and Residential Service Units. 665 1.79 Service Recipient. An individual receiving Collection Services. 666 1.80 Sharps. Hypodermic needles, pen needles, intravenous needles, lancets, 667 and other devices that are used to penetrate the skin for the delivery of medications. 668 Sharps must be generated by the Service Recipient and at the Residential Service Unit 669 wherein the Sharps are Collected.
670 1.81 Sharps Collection Service. The on-call Collection of Sharps from 671 Residential Service Units when such Sharps are generated by the Service Recipient at 672 such Residential Service Unit and the appropriate disposal of the Sharps. 673 1.82 Sludge. The accumulated solids, residues, and precipitates generated as 674 a result of waste treatment or processing, including wastewater treatment, water supply ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
675 treatment, or operation of an air pollution control facility, and mixed liquids and solids 676 pumped from septic tanks, grease traps, privies, or similar disposal objects or any other 677 such waste having similar characteristics or effects 678 1.83 Solid Waste. Solid Waste means all putrescible and non-putrescible solid, 679 semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, 680 industrial wastes, Construction and Demolition Debris, discarded home and industrial 681 appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous 682 waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid 683 and semi-solid wastes. Solid Waste does not include any Hazardous Material, including 684 any hazardous waste or low-level radioactive waste regulated under Chapter 7. 6 685 (commencing with Section 25800) of Division 20 of the Health and Safety Code, or medical 686 waste. Solid Waste includes Recyclable Materials and Organic Recyclable Materials that 687 are set out for separate Collection for the purposes of Recycling or Organics Recycling, 688 and that are not landfilled.
689 1.84 Special Clean-Up Service. The periodic Collection of Large Items and other 690 materials using Roll-Off Containers by the Contractor resulting from City sponsored 691 special clean-up program events. Such Collection by the Contractor shall be limited to the 692 equivalent of twelve hundred (1,200) cubic yards in any Contract Year. 693 1.85 Street Sweeping Service. The sweeping of Residential Streets and 694 Commercial Streets, and the transportation and disposal of Sweep Waste. 695 1.86 Stable Matter. Manure and other waste matter normally accumulated in 696 stables or in livestock or poultry enclosures.
697 1.87 Sweep Waste. The accumulated waste materials generated as a result of 698 performing Street Sweeping Services. Sweep Waste includes, but is not limited to, 699 deposits of loose dirt, rocks, glass, cans, small debris, leaves, sticks, papers, yard 700 trimmings residue or any like materials that can be removed by Street Sweeping 701 operations.
702 1.88 Sweeper Route. A daily path or itinerary followed by a sweeper that has 703 been clearly divided into Residential and Commercial sections. 704 1.89 Traffic Island. Islands, some of which have handicapped access cut-outs, 705 which are usually found at street intersections whose primary function is to protect and aid 706 pedestrians from vehicles.
707 1.90 Used Oil. Any oil that has been refined from crude oil or has been 708 synthetically produced, and is no longer useful to the Service Recipient because of 709 extended storage, spillage or contamination with non-hazardous impurities such as dirt or 710 water; or has been used and as a result of such use has been contaminated with physical ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
711 or chemical impurities. Used Oil must be generated by and at the Residential Service Unit 712 wherein the Used Oil is collected. Used Oil does not include transmission fluid. 713 1.91 Used Oil Container. A plain co-poly container provided by the Contractor 714 for the accumulation of Used Oil that is at least four (4) quarts in capacity, leak-proof, has 715 a screw-on lid and has a label designating it for use as a Used Oil Container. 716 1.92 Used Oil Filter. Any oil filter that is no longer useful to the Service Recipient 717 because of extended storage, spillage or contamination with non-hazardous impurities 718 such as dirt or water, or has been used and as a result of such use has been contaminated 719 with physical or chemical impurities. Used Oil Filters must be generated by and at the 720 Residential Service Unit wherein the Used Oil Filter is collected. 721 1.93 Used Oil Filter Container. A six (6) mil poly bag with double track seal with 722 dimensions of at least fourteen and one-half (14. 5) inches by eight (8) inches with a one 723 and one-quarter (1¼) inch diameter hole above the seal, provided by the Contractor for 724 the accumulation of Used Oil Filters that has a label designating it for use as a Used Oil 725 Filter Container.
726 1.94 White Goods. Inoperative and discarded refrigerators, ranges, water 727 heaters, freezers, and other similar household appliances. 728 1.95 Work Day. Any day, Monday through Friday that is not a holiday as set 729 forth in Section 9.03 of this Contract.
730 ARTICLE 2. Term of Contract
731 2.01 Term. The Term of this Agreement will be for ten (10) years beginning on 732 January 1, 2025 and terminating on December 30, 2034. Contractor shall commence 733 performance of its Collection Services and Street Sweeping Service obligations under this 734 Agreement on January 1, 2025 (“Effective Date”).
735 2.02 Extension of Term. Contractor may request up to two, five (5) year term 736 extensions to the Initial Term, and at City’s sole option, City may grant Contractor’s 737 request to extend the term. Under no circumstances will City be obligated to extend the 738 term. Contractor must request the first five (5) year extension by January 1, 2033 in 739 order to be eligible for the term extension, and January 1, 2038 in order to be eligible for 740 the second term extension.
741 2.03 Other Provisions. The City may, at the end of the Contract or extension 742 term, as appropriate, either renegotiate the terms and conditions of the Contract with the 743 current Contractor or request proposals from qualified contractors to provide Collection 744 Services.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
745 2.04 Performance Review. Prior to a five (5) year extension a performance 746 review and financial review shall be conducted as described in Section 14.02. The cost 747 of the review shall be paid as specified in that Section. 748 ARTICLE 3. Conditions Governing Services Provided by Contractor 749 3.01 Grant of Exclusive Contract. Except as otherwise provided in this Contract, 750 the Contractor is herein granted an exclusive Contract to provide Collection Services and 751 Street Sweeping Services within the Service Area. No other Solid Waste services, 752 including commercial collection services and Roll-Off Collection Services, shall be 753 exclusive to the Contractor.
754 3.02 Sale or Donation of Recyclable Materials by Service Recipients. Nothing in 755 this Contract shall preclude a Service Recipient from transporting, selling or donating their 756 Recyclable Materials to a private or public entity provided that such entity does not charge 757 the Service Recipient a fee or service charge of any type related to the sale or donation 758 of the Recyclable Material.
759 3.03 Gardening or Landscaping Services. Green Waste removed from a 760 premises by a gardening, or landscaping, or tree trimming company as an incidental part 761 of a total service by that company rather than a hauling service is not part of this exclusive 762 Contract.
763 ARTICLE 4. Franchise Fees and Payments
764 4.01 Reimbursement Fee. Contractor shall reimburse the City in the amount of 765 one hundred and fifty thousand dollars ($150,000), which Contractor and City agree 766 represents a reasonable reimbursement to City for staff, legal and consulting costs 767 incurred by the City in the negotiation of the Contract. The reimbursement fee is a one768 time payment to the City, paid within 60 days of execution of the Contract. 769 4.02 Franchise Fee. Contractor shall make payment to the City of a franchise fee as specified in this Section 4.02. Payment to the City shall be due on the fifteenth (15th 770 ) 771 day of the month following the month the Gross Revenues are collected. Each such 772 payment shall be accompanied by an accounting, which sets forth Contractor’s Gross 773 Revenue collected during the preceding month.
774 4.02.1 The franchise fee shall be a percentage of Contractor’s Gross 775 Revenues collected each month under the terms of this Contract. Revenue received by 776 the Contractor from the sale of recyclable materials and revenues from Street Sweeping 777 Fees shall not be considered as Gross Revenues for purposes of the calculation of 778 franchise fees. The franchise fee percentage shall be eight percent (8%). Should the City 779 change the franchise fee at any point during this Contract, the Contractor has the right to ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
780 adjust the service rates to account for that change. The City must approve any changes 781 to the service rates before the adjusted rates can be charged to the Service Recipients. 782 4.02.2 No acceptance by City of any payment shall be construed as an 783 accord that the amount is in fact the correct amount, nor shall such acceptance of payment 784 be construed as a release of any claim City may have against Contractor for any additional 785 sums payable under the provisions of this Contract. All amounts paid shall be subject to 786 independent audit and recalculation by City. If, after the audit, such recalculation indicates 787 an underpayment of more than five percent (5%) of the actual amount owed, Contractor 788 shall pay to City the amount of the underpayment and shall reimburse City for all 789 reasonable costs and expenses incurred in connection with the audit and recalculation, 790 within ten (10) days of receipt of written notice from City that such is the case. If, after 791 audit, such recalculation indicates an underpayment of five percent (5%) or less or an 792 overpayment, City shall notify the Contractor in writing of the amount of the overpayment 793 or underpayment, adjusted for all reasonable costs and expenses incurred in connection 794 with the audit and recalculation. Contractor may adjust the amount of the next franchise 795 payment due following receipt of such notice by the amount specified therein. 796 4.02.3 In the event the franchise fee or any other City fee is determined by 797 a court to be excessive, invalid or unenforceable, then: (i) Contractor shall not be obligated 798 to remit the future portion of the franchise fee or City fee deemed excessive, invalid, or 799 unenforceable to the City; (ii) to the extent the Customers are entitled to a reimbursement 800 of any excessive, invalid or unenforceable franchise fee or City fees, and City is required 801 to reimburse Contractor in the amount of the franchise fee or City fees previously remitted 802 to City that have been deemed excessive, invalid or unenforceable, thereafter, Contractor 803 shall directly reimburse all Customers entitled to reimbursement in the amount attributable 804 to each Customer account. In no event shall Contractor retain any portion of the fees 805 reimbursed by City; (iii) to the extent the Customers are entitled to a reimbursement of any 806 excessive, invalid, or unenforceable franchise fee or City fees, and City is required by a 807 court to directly reimburse Customers, Contractor shall assist City in identifying all 808 Customers entitled to a reimbursement, quantifying the reimbursement amount 809 attributable to each Customer account, and obtaining and providing to City any other 810 information needed to satisfy the obligations imposed by a court; and (iv) City and 811 Contractor will, within thirty (30) days following such court decision meet and confer to 812 negotiate in good faith and using reasonable efforts to attempt to agree on modifications 813 to the Agreement.
814 4.03 Annual Payment for City Services. Contractor shall fund additional services 815 in the amount of four hundred fifty thousand dollars ($450,000) per year. That amount shall 816 be paid to the City on or before April 1 of each Contract Year. These funds may be 817 designated for the following services, or such other services as City may determine:
818 • Litter Cleanup Program;
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
819 • Street Maintenance;
820 • Household Hazardous Waste Removal and Recycling Program. 821
822 The amount of expenditure for each program listed above, or additional programs not 823 listed, is completely at the discretion of the City. 824 4.04 Late Payments. In the event Contractor fails to pay the City any amounts 825 owed under this Article on or before the applicable due date, then in addition to the 826 amounts already owed, Contractor shall pay a penalty as specified in Article 23, except 827 to the extent that such lateness is due to extenuating circumstances. Contractor must 828 submit any request for approval of a late payment in writing at least five (5) Business 829 Days prior to the date on which fees are due, and the request must be accompanied by 830 a written explanation of the extenuating circumstances and adequate supporting 831 documentation. The City shall not unreasonably withhold its approval and shall notify 832 Contractor within three (3) Business Days of receiving the request whether and to what 833 extent the request has been approved.
834 ARTICLE 5. Collection Service Rates
835 5.01 Collection Service Rates. Contractor is solely responsible for determining the 836 rates it will charge for providing the Collection Services, provided that Contractor shall not charge 837 any Service Recipient an amount that exceeds the applicable Maximum Service Rate set forth in 838 Exhibit 1, which may only be adjusted as provided in this Agreement. 839 5.02 Maximum Service Rate Adjustment. The Maximum Service Rates in 840 Exhibit 1 shall be adjusted on July 1, 2025, and annually thereafter in accordance with 841 Section 5.03. No other adjustments shall be made except as provided in Section 28.01. 842 5.03 CPI Adjustment Calculation. Beginning on July 1, 2025, and each July 1 843 thereafter, rates shall be adjusted using the CPI Adjustment Calculation. The annual 844 adjustment shall be based on the percentage change in the 12 month average of the CPI 845 between the prior preceding calendar year ending December 31st and the preceding 846 calendar year ending December 31st. Therefore, the first rate adjustment effective July 847 1, 2025 will be based on the percentage change between the annual average of the CPI 848 for the year ended December 31, 2023 and the annual average of the CPI for the calendar 849 year ended December 31, 2024. The index sets published by the United States 850 Department of Labor, Bureau of Labor Statistics. Consumer Price Index series, All Urban 851 Consumers: Water and Sewer and Trash Collection Services, U. S. City Average 852 (CUSR0000SEHG). Contractor shall submit supporting documentation to justify the CPI 853 adjustment by April 1, 2025, and annually on April 1 thereafter. Late submittals will not be 854 accepted, and Contractor will forfeit a rate adjustment for that Contract year. The City shall ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
855 evaluate the documentation submitted by the contractor and provide a written response 856 within 30 calendar days either approving or denying the annual rate adjustment. 857 5.03.1 Annual Rate Cap on Maximum Service Rates. In any Rate Year that 858 the calculation of the CPI-U exceeds five percent (5%), the total adjustment for that year 859 will equal five percent (5%) and the rollover amount will be added to the rate adjustment 860 percentage in the following year, or any subsequent year. If the CPI-U is negative (after 861 accounting for any applicable rollover percentages from prior years), there will be no CPI862 U adjustment for that year. 863 5.03.2 Rounding. Adjustments to the overall Service Rates shall be made 864 only in units of one cent ($0.01). Fractions of less than one cent ($0.01) shall not be 865 considered in making adjustments. All CPI indices shall be rounded at two (2) decimal 866 places for the adjustment calculations.
867 5.04 Extraordinary Adjustments. Contractor and City acknowledge that there 868 may be infrequent extraordinary events, including Change of Law, which, although they 869 do not prevent either party from performing, and thus do not implicate the force majeure 870 provisions hereof, nevertheless increase the cost of providing services above the Section 871 5.02 Maximum Service Rate Adjustment. The obligation of the parties in such event is to 872 negotiate in good faith in arriving at an appropriate adjustment in rates. Accordingly, at its 873 option, Contractor may apply to the City not more frequently than once every Contract 874 Year, for an extraordinary rate adjustment should an event or circumstance arise which 875 negatively impacts the economic operation of Contractor and which is in excess of the rate 876 adjustment resulting from the application of Section 5.03. An extraordinary adjustment in 877 rates will be deemed justified if it is necessary for the Contractor to make a substantial 878 change in its operations, or substantial capital expenditure or investment to perform its 879 obligations under this Agreement due to the occurrence of an event or circumstance which 880 is beyond the reasonable control of Contractor. Extraordinary rate adjustments shall only 881 be effective after approval by the City Council. For the purposes of this Section, 882 fluctuations in Recyclable Material revenue shall not be considered as a basis for an 883 Extraordinary Adjustment.
884 5.04.1 Contractor’s Burden. In the event of such an application for an 885 extraordinary rate increase, it is understood that the Contractor shall have the burden of 886 demonstrating to the reasonable satisfaction of the City the basis for the extraordinary 887 increase cost. Contractor shall bear the burden of justifying its request and shall be solely 888 responsible for the cost of preparing and submitting sufficient documentation in support of 889 its request. City in its sole reasonable discretion may request Contractor to provide any 890 additional information it deems necessary to fully evaluate the request, and Contractor ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
891 shall be solely responsible for the cost of providing such additional information. Contractor 892 shall allow City to review a report of its annual revenues and expenses for the services 893 provided in the City prepared by a Certified Public Accountant or a licensed public 894 accountant, which shall have been prepared in compliance with Rule 58 of the “Rules and 895 Regulations of the State Board of Accountancy,” as established by the California Code of 896 Regulations, Title 16, Chapter I (“Financial Statements”). Such Certified Public Accountant 897 or licensed public accountant shall be entirely independent of the Contractor and shall 898 have no financial interest whatsoever in the business of the Contractor. City shall have 899 the right to review this information in connection with the City’s review of Contractor’s 900 extraordinary rate adjustment request. With respect to any Financial Statements or any 901 other non-public information (“Confidential Information”), City agrees that: (a) it will hold in 902 confidence all Confidential Information; (b) it will restrict the disclosure of Confidential 903 Information within its own organization and to its agents or representatives who need to 904 know the Confidential Information for the purposes of the request; (c) it will not disclose 905 Confidential Information to any third party, excepting those subject to subsection (b), 906 without the prior written consent of the Disclosing Parties; (d) it will not copy and/or 907 reproduce any Confidential Information without the prior written approval of the Contractor; 908 and (e) it will not use Confidential Information except as required for consideration of the 909 request. City may consider increases or decreases in Contractor’s total revenues and total 910 cost of services when reviewing an extraordinary rate adjustment request. The City will 911 inform the Contractor upon receiving a California Public Records Act request or a 912 subpoena for the Confidential Information by written notice delivered to the Contractor 913 (“Notice”). The Contractor will have five (5) calendar days from the date of the Notice to 914 inform the City in writing of its intent to assert its confidentiality rights under this 915 Agreement. The Contractor will have fifteen (15) calendar days from the date of the Notice 916 to seek judicial assistance to prevent the disclosure of the Confidential Information. If the 917 Contractor fails to act within the five (5) or fifteen (15) calendar day windows described 918 above, the City may disclose the requested Confidential Information to the requestor or 919 subpoenaing party. In the event Contractor seeks a court order to stay or enjoining the 920 disclosure of the Records, Contractor agrees to indemnify and hold harmless the City, its 921 Council, elected and appointed board or commission members, officers, employees, 922 volunteers and agents (collectively, "Indemnitees") from and against any and all loss, 923 liability, penalty, forfeiture, claim, demand, action, proceeding or suit in law or equity of 924 any and every kind and description, whether judicial, quasi-judicial or administrative in 925 nature, arising or resulting from or in any way connected with the subject CPRA or FOIA 926 request for the Records. This Indemnity shall survive the expiration or termination of this 927 Agreement.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
928 5.04.2 Review Costs. At the time of its request, Contractor shall also 929 submit a payment to the City of Twenty-Five Thousand Dollars ($25,000) to defray the 930 City’s costs to review the request. In the event the City’s reasonable costs exceed that 931 amount, Contractor shall reimburse the City for any documented amount in excess. 932 5.04.3 Meet and Confer. The City and Contractor agree to meet and 933 confer regarding the request and to negotiate in good faith regarding the appropriateness 934 of the requested adjustment.
935 5.04.4 City Review; Approval. City shall review the Contractor’s request 936 and, in the City’s sole and reasonable judgment, make the final determination as to 937 whether an adjustment to the Maximum Service Rates will be made, and, if an adjustment 938 is permitted, the appropriate amount of the adjustment. Approval of the City Council shall 939 be required for any Extraordinary Adjustments. The City shall notify Contractor of its 940 decision within ninety (90) calendar days regarding whether it accepts Contractor’s 941 request. Except as provided herein, any such change approved by the City shall not be 942 implemented until January 1 of the next Rate Year unless a different time frame is 943 approved by the City Council.
944 5.05 Procedures in Event of Invalidation of Rate Adjustment. In the event that 945 City is unable by operation of Applicable Law to approve or implement a rate increase 946 under this Article 5, or some or all of the Maximum Service Rates are disallowed by 947 operation of Applicable Law, Contractor will have the right, within thirty (30) calendar days 948 after notice of any such inability to approve or invalidate an approved rate increase, to 949 request, in writing, that City negotiate in good faith regarding reductions in programs, 950 services, or fees to compensate for any negative impact from the unapproved or 951 invalidated rate increase. If City fails to commence negotiations in good faith or 952 negotiations are not completed within forty-five (45) calendar days following the date of 953 receipt of Contractor’s request, either party may terminate this Agreement no earlier than 954 one hundred and eighty (180) calendar days after written notice to the other. 955 ARTICLE 6. Collection Service Billing
956 6.01 Responsibility for Service Billing and Collection. The Contractor shall be 957 solely responsible for the billing and collection of payments for all services it provides 958 under this Contract.
959 6.02 Placeholder for senior and low-income rate discount program. 960 6.03 Invoices. Contractor shall prepare and send out invoices, by either U. S. 961 mail or electronic mail, to each Service Recipient in advance of all services provided by 962 Contractor under this Agreement. If sent by mail, invoices for each billing period shall ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
963 be placed in a separate envelope accompanied by a self-addressed return envelope. 964 All invoices shall include Contractor’s e-mail address and include directions for payment 965 by payment by check, credit card, or Automated Clearing House (ACH) debit, and shall 966 include or be accompanied by a complete billing statement showing all charges and all 967 services provided. City shall have the right to request that Contactor revise the format 968 of all invoices and billing statements upon reasonable notice to Contractor. 969 6.04 Timing; Frequency. Contractor shall not initiate billing to any Service Unit 970 sooner than the first day of the service period of Collections Services covered by the 971 invoice. Contractor shall invoice Service Recipients on a bi-monthly basis. No invoice 972 shall be due and payable sooner than the last day of the billing period. 973 6.05 Partial Month Service. If, during a month, a Service Unit is added to or 974 deleted from Contractor’s Service Area, Contractor shall pro-rate billing to the Service 975 Recipient on a weekly basis, meaning one-fourth of the applicable rate found in Exhibit 976 1 multiplied by the number of weeks of service provided by Contractor. 977 6.06 Overpayments. Contractor shall refund or issue a service credit for 978 overpayments by Service Recipients no later than thirty (30) calendar days after 979 Contractor discovers or is notified of the overpayment. Contractor shall refund every 980 overpayment that: (1) exceeds two hundred dollars ($200.00) or the amount of Service 981 Recipient’s typical invoice, whichever is less; or (2) is due to the Service Recipient 982 closing the account prior to the end of the billing period. Contractor may issue a service 983 credit of no more than two (2) years against future invoices for all other overpayments. 984 6.07 Delinquent Service Accounts. Contractor shall report all Service Recipients 985 whose accounts are delinquent by more than sixty 60 calendar days to the Contract 986 Administrator annually by July 1st, so the City may begin the property tax lien process. 987 6.08 Contractor’s Reservation of Legal Rights and Remedies. Notwithstanding 988 any other provision of this Article, Contractor reserves its right to, and may take such 989 action as is legally available to Contractor, to collect or cause collection of past due 990 invoice amounts; provided, however, that Contractor shall never discontinue Collection 991 Services to any Service Unit.
992 ARTICLE 7. Diversion Requirements
993 7.01 Minimum Requirements. City requires Contractor to achieve a minimum 994 annual Franchised Diversion Rates of 45% in 2025, 46% in 2026, 47% in 2027, 48% in 995 2028, 49% in 2029, 50% in 2030, 51% in 2031, 52% in 2032, and 53% in 2033 and 2034 996 (the “Minimum Annual Franchise Diversion Rate”) Contractor must provide 997 documentation to City within forty-five (45) days of the end of each calendar year stating 998 and supporting that calendar year's Franchised Diversion Rate as set forth in Section 999 7.02.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
1000 7.01.2 If City fails to comply with CalRecycle diversion standards 1001 due to Contractor’s failure to implement diversion programs and/or public education 1002 programs provided for in this Agreement and/or Contractor fails to achieve the Minimum 1003 Annual Franchised Diversion Rate as described in Section 7.01, Contractor must submit 1004 a corrective action plan to assist City to comply with Section 41780 and other Applicable Laws, by May 15th 1005 following the year the diversion requirements were not met. 1006 Contractor’s corrective action plan is subject to approval by the Contract Administrator, 1007 and to be approved must constitute a good faith corrective action plan to allow City to 1008 comply with Public Resources Code section 41780 and other Applicable Laws. 1009 Implementation of the corrective action plan will be at Contractor’s sole cost and 1010 expense. If Contractor fails to submit a corrective action plan acceptable to the City, 1011 Contractor may be subject to Administrative Charges as specified in Section 23.04. 1012 Provided that Contractor has implemented all required Contractor diversion and public 1013 education programs required under this Agreement, and has submitted a corrective 1014 action plan acceptable to the City, Contractor’s failure to meet the Minimum Annual 1015 Franchised Division requirement under Section 7.01 shall not constitute an event of 1016 default under this Agreement.
1017 7.01.3 If Contractor fails to meet its Minimum Annual Franchised Diversion 1018 Rate or if City fails to comply with CalRecycle diversion standards, and Contractor has 1019 implemented all required Contractor diversion programs, the City may direct Contractor 1020 to modify its programs, or implement new diversion programs. Any such modification of 1021 Contractor’s existing diversion programs or addition of new diversion programs done at 1022 the City’s request would be in accordance with Section 28.01. 1023 7.01.4 Notwithstanding any other provision of this Agreement to the 1024 contrary, where CalRecycle has determined that there are no commercially viable 1025 markets for a specific type of Recyclable Materials, or with written notice to City, 1026 Contractor is unable to identify a market for one or more Recyclable Materials despite 1027 the exercise of commercially reasonable efforts to process and market the material, and 1028 determines, in the interest of safeguarding public health, to dispose of the Recyclable 1029 Material(s), such a determination shall not constitute a failure to implement service, a 1030 failure to implement a program, or an event of default hereunder. Viable markets include 1031 those that may charge a fee for accepting a Recyclable Material. 1032 7.02 Franchise Diversion Rate Calculation. For purposes of determining 1033 whether Contractor has met its Minimum Annual Franchised Diversion Rate 1034 requirements under this Agreement, City and Contractor agree the annual Franchised 1035 Diversion Rate will be calculated using the following formula: “the tons of materials 1036 Collected by Contractor from Collection Services in City that are delivered to a Materials 1037 Recovery Facility, Organic Recyclable Material Processing Facility, or any other 1038 processing facility, or that are otherwise handled in a manner that counts as diversion 1039 under applicable CalRecycle regulations (in each case, net of all residue from 1040 processing), divided by the total tons of materials Collected in the City by Contractor ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
1041 from the provision of Collection Services in each Calendar Year.” The processing 1042 residue shall be based on the annual percentage rate reported for the processing facility, 1043 or as otherwise agreed to by the City and Contractor. Under no circumstances shall 1044 recovered material be used as alternative daily cover, land applied, or otherwise used 1045 in a manner that does not qualify that material as diversion under CalRecycle 1046 regulations.
1047 7.03 Warranties and Representations. Contractor warrants that it is aware of 1048 and familiar with City's residential waste stream, and that it has the ability to and must 1049 provide sufficient programs and services designed to ensure City will meet or exceed 1050 the diversion requirements as set forth in Section 7.01, as well as the diversion 1051 requirements of the Applicable Laws and that it will do so without imposing any costs or 1052 fees other than those set forth on Exhibit 1, except as provided in Section 28.01. 1053 7.04 Mutual Cooperation. City and Contractor will reasonably cooperate in good 1054 faith with all efforts by each other to meet City's diversion and other compliance 1055 requirements imposed by the Applicable Laws, and to meet Contractor’s obligations 1056 under this Article 7. In this regard, City's obligations include, without limitation, making 1057 such petitions and applications as may be reasonably requested by Contractor for time 1058 extensions in meeting diversion goals, or other exceptions from the terms of Applicable 1059 Laws, and to agree to authorize such changes to Contractor’s Solid Waste Collection 1060 Services, or Collection Service programs as may be reasonably requested by Contractor 1061 in order to achieve the minimum requirements of this Article 7. 1062 7.05 Guarantee. Except for programs currently required by Applicable Law but 1063 not set forth in this Agreement, or programs Contractor is expressly instructed by City 1064 not to implement, or services which a Service Recipient refuses to accept, Contractor 1065 guarantees that it will implement the diversion programs set forth in this Agreement such 1066 that: (i) Contractor and City will at all times be in compliance with the requirements of 1067 the Applicable Laws, and (ii) City will meet or exceed the diversion requirements 1068 (including, without limitation, amounts of Garbage to be diverted, time frames for 1069 diversion, and any other requirements) set forth in this Article 7 and the Applicable Laws, 1070 and all amendments thereto. In this regard Contractor agrees that it will, in addition to 1071 any other Agreement requirement, at its sole cost and expense:
1072 7.05.1 Assist City in responding to inquiries from CalRecycle or any other 1073 regulatory agency;
1074 7.05.2 Assist City in preparing for, and participating in, CalRecycle’s biannual 1075 review of City's SRRE pursuant to Public Resources Code section 41825; 1076 7.05.3 Assist City in applying for any extension, including under Public Resources 1077 Code section 41820. 5, if so directed by City;
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
1078 7.05.4 Assist City in any hearing conducted by CalRecycle, or any other regulatory 1079 agency, relating to City's compliance with the Applicable Laws; and 1080 7. 05.5 Provide City with Recycling, source reduction, and other technical 1081 assistance as may be needed to comply with the Applicable Laws. 1082 ARTICLE 8. Service Units
1083 8.01 Service Units. Service Units for Collection Services shall include all the 1084 following categories of premises which are in the Service Area as of January 1, 2025 1085 and all such premises which may be added to the Service Area by means of annexation, 1086 new construction, or as otherwise set forth in this Contract during the term of this 1087 Contract:
1088 8. 01.1 Residential Service Units
1089 8. 01.2 City Service Units (Exhibit 3)
1090 8. 01.3 Any question as to whether a premises falls within one of these 1091 categories shall be determined by the Contract Administrator and the determination of 1092 the Contract Administrator shall be final.
1093 8.02 Service Unit Changes. The City and Contractor acknowledge that during 1094 the term of this Contract it may be necessary or desirable to add or delete Service Units 1095 for which Contractor will provide Service.
1096 8.02.1 Additions and Deletions. Contractor shall provide services 1097 described in this Contract to new Service Units in Contractor’s Service Area within five 1098 (5) Work Days of receipt of notice from the City or new Service Unit to begin such 1099 Service.
1100 8.03 Annexation. If during the term of the Contract, additional territory is 1101 acquired by the City through annexation, Contractor agrees to provide Collection 1102 Services in such annexed area in accordance with the provisions and service rates set 1103 forth in this Contract. Such Collection Services shall begin within five (5) Work Days of 1104 receipt of written notice from the City. Contractor shall not begin Collection Service 1105 without written authorization from the City.
1106 8.04 Route Map Update. Contractor shall revise the Service Unit route maps to 1107 show the addition of Service Units added due to annexation and shall provide such 1108 revised maps to the Contract Administrator as requested. 1109 ARTICLE 9. General Requirements
1110 9.01 Service Standards. Contractor shall perform all Collection Services and 1111 Street Sweeping Services under this Contract in a thorough and professional manner. 1112 Collection Services described in this Contract shall be performed regardless of weather ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
1113 conditions or difficulty of Collection. Street Sweeping Services shall be performed 1114 regardless of weather conditions except when Contract Administrator temporarily 1115 removes streets from the schedule due to inclement weather pursuant to Section 17.15. 1116 9.02 Labor and Equipment. Contractor shall provide and maintain all labor, 1117 equipment, tools, facilities, and personnel supervision required for the performance of 1118 Contractor’s obligations under this Contract. Contractor shall at all times have sufficient 1119 backup equipment and labor to fulfill Contractor’s obligations under this Contract. No 1120 compensation for Contractor’s services or for Contractor’s supply of labor, equipment, 1121 tools, facilities or supervision shall be provided or paid to Contractor by City or by any 1122 Service Recipient except as expressly provided by this Contract. 1123 9.03 Holiday Service. The City observes Thanksgiving Day, December 25, and 1124 January 1 as legal holidays. Contractor shall not be required to provide Collection 1125 Services or Street Sweeping Service, or to maintain office hours on the designated 1126 holidays. In any week in which one of these holidays falls on a week day, Residential 1127 and City Collection Services, as appropriate, and Street Sweeping Services for the 1128 holiday and each Work Day thereafter will be delayed one Work Day for the remainder 1129 of the week with normally scheduled Friday Collection Services being performed on 1130 Saturday.
1131 9.04 Inspections. The City shall have the right to inspect the Contractor’s 1132 facilities, Street Sweeping vehicles and Collection vehicles, and their contents, at any 1133 time while operating inside or outside the City.
1134 9.05 Spillage and Litter. The Contractor shall not litter premises in the process 1135 of providing Collection Services or Street Sweeping Services or while its vehicles are on 1136 the road. The Contractor shall transport all materials Collected under the terms of this 1137 Contract in such a manner as to prevent the spilling or blowing of such materials from 1138 the Contractor’s vehicle. The Contractor shall exercise all reasonable care and diligence 1139 in providing Collection Services to prevent spilling or dropping of Solid Waste and shall 1140 immediately, at the time of occurrence, clean up such spilled or dropped Solid Waste. 1141 Contractor shall cause all Sweep Waste to be transported in such a manner as to prevent 1142 the spilling or blowing of waste from the transporting vehicle. Contractor shall exercise 1143 all reasonable care and diligence in providing Street Sweeping Services to prevent 1144 spilling or dropping of Sweep Waste during collection activity and shall immediately, at 1145 the time of occurrence, clean up such spilled Sweep Waste. 1146 9.05.1 The Contractor shall not be responsible for cleaning up unsanitary 1147 conditions caused by the carelessness of the Service Recipient; however, the Contractor 1148 shall clean up any materials or residue that are spilled or scattered by the Contractor or 1149 its employees.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
1150 9.05.2 Equipment oil, hydraulic fluids, spilled paint, or any other liquid or 1151 debris resulting from the Contractor’s operations or equipment repair shall be covered 1152 immediately with an absorptive material and removed from the street surface. When 1153 necessary, Contractor shall apply a suitable cleaning agent to the street surface to 1154 provide adequate cleaning.
1155 9.05.3 The above paragraphs notwithstanding, Contractor shall clean up 1156 any spillage or litter caused by Contractor within two (2) hours upon notice from the City. 1157 9.05.4 To facilitate such cleanup, Contractor’s vehicles shall always carry 1158 sufficient quantities of petroleum absorbent materials along with a broom and shovel. 1159 9.06 Ownership of Materials.
1160 9.06.1 Title to Residential Waste, City Waste and Recyclable Materials 1161 shall pass to Contractor at such time as said materials are placed in the Contractor’s 1162 Collection vehicle.
1163 9.06.2 Title to material Collected as part of Special Clean-up Service shall 1164 pass to Contractor at the time the material is placed in the Roll-Off Container or other 1165 Collection vehicle or container approved for use in the Special Clean-Up Service event. 1166 9.06.3 Title to material Collected as part of Debris Collection Service shall 1167 pass to Contractor at such time as said materials are placed in the Contractor’s 1168 Collection vehicle.
1169 9.06.4 Title to Sweep Waste shall pass to Contractor at such time as said 1170 materials are placed in Contractor’s street sweeping vehicle. 1171 9.07 Commingling of Materials.
1172 9.07.1 Recyclable Materials. Contractor may not at any time commingle 1173 Recyclable Materials Collected pursuant to this Agreement with any other material type 1174 Collected by Contractor without the express prior written authorization of the Contract 1175 Administrator.
1176 9.07.2 Organic Recyclable Material. Contractor may not at any time 1177 commingle Organic Recyclable Material Collected pursuant to this Agreement with any 1178 other material type Collected by Contractor, without the express prior written 1179 authorization of the Contract Administrator.
1180 9.07.3 Non-City Garbage. Contractor shall not at any time commingle any 1181 materials collected in the City with any materials collected outside of the City. 1182 9.08 Recyclable Materials and Organic Recyclable Material Contamination. 1183 Contractor must offer the Service Recipients the correct combination of Cart and Bin ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
1184 sizes as necessary, that matches their unique service needs to reduce contamination of 1185 Recyclable Materials and Organic Recyclable Materials. Contractor is only required to 1186 collect and process Recyclable Materials if they have been separated by the Service 1187 Recipient from Garbage and Organic Recyclable Materials and will only be required to 1188 collect Organic Recyclable Material if it has been Source Separated by the Service 1189 Recipient from Garbage and Recyclable Materials.
1190 Contractor’s route collection personnel will report to Contractor’s supervisors if 1191 they observe potential contamination problems, and/or insufficient collection capacity. 1192 For purposes of determining if Recyclable Materials or Organic Recyclable Material are 1193 deemed to be contaminated, if, by visual or digital inspection, Recyclable Materials are 1194 commingled with ten percent (10%) by weight or volume of Garbage or Organic 1195 Recyclable Material, or if, by visual inspection, Organic Recyclable Material is 1196 commingled with three percent (3%) by volume of Garbage or Recyclable Materials, 1197 then Recyclable Materials and/or Organic Recyclable Material will be deemed to be 1198 contaminated and Contractor may take the steps in Section 9.09. 1199 9.09 Recyclable Materials and Organic Recyclable Material Contamination 1200 Protocols.
1201 9.09.1 Contractor shall document Prohibited Container Contaminants, as 1202 set forth in Section 1.62 with still pictures or video, and must notify the Service Recipient 1203 of the Prohibited Container Contaminants and proper procedures for sorting Recyclable 1204 Materials and Organic Recyclable Materials in person through the application of a Non1205 Collection Notice, or by electronic communication. If Contractor does not possess an 1206 email address or phone number for the Service Recipient, Contractor may provide a 1207 written communication through U. S. mail, which shall include a request for an email 1208 address or phone number for future notifications.
1209 9.09.2 Contractor may, at its discretion, Collect the Container as 1210 Recyclable Materials, Organic Materials, or as Garbage. Service Recipient may be 1211 charged the City-approved Contamination Charge set forth in Exhibit 1. The Service 1212 Recipient will receive, upon request of Service Recipient or the City, one courtesy waiver 1213 of the Contamination Charge.
1214 9.09.3 If necessary, Contractor may increase Service Recipient’s Garbage 1215 Container size or frequency of Collection if Service Recipient has three (3) or more 1216 Contamination Charges in any twelve (12) month period, or as otherwise determined by 1217 City Contract Administrator. Prior to requiring an additional (or larger) Container or 1218 change in collection frequency, Contractor’s representative must first attempt to contact 1219 the Service Recipient by phone, U.S. mail, e-mail, other electronic means to ensure that 1220 they have the appropriate level of service for proper collection of Recyclable Materials, 1221 Organic Recyclable Materials, and Garbage.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
1222 9.10 Disputes Over Excess Contamination Charges.
1223 9.10.1 If Service Recipient disputes an action undertaken by Contractor as 1224 described above, which must be within 30 days of the disputed action, Contractor shall 1225 initially use good faith efforts to informally resolve the dispute. 1226 9.10.2 If not resolved within ten (10) Business Days, Contractor shall 1227 temporarily halt any Contamination Charge and/or increased service resulting from 1228 increasing the Container size or collection frequency until the dispute is resolved in 1229 accordance with this Section. Contractor may request a ruling by the Administrator to 1230 resolve the dispute. A request by Contractor to the Contract Administrator to rule on 1231 any such dispute must be filed within ten (10) Business Days of Contractor’s halting of 1232 its actions, and must include written documentation and digital/visual evidence of 1233 ongoing overall problems.
1234 9.10.3 The Contract Administrator may request a meeting (in person or 1235 phone) with both the Service Recipient and Contractor to resolve the dispute. If Contract 1236 Administrator requests a meeting and Service Recipient does not respond to Contract 1237 Administrator within thirty (30) Business Days of request by Contractor to Contract 1238 Administrator to rule on any such dispute, Contractor may charge Service Recipient the 1239 prior halted contamination charge and/or increased Service Rate from the date on which 1240 the increased services (e.g., increasing the Container number, size or collection 1241 frequency) commenced at rates as set forth in the Exhibit 1 and dispute will be final. 1242 9.10.4 Following a meeting between Contract Administrator, Service 1243 Recipient, and Contractor, the Contract Administrator will rule on the dispute within ten 1244 (10) Business Days, and the Contract Administrator’s decision on resolving the dispute 1245 between and Service Recipient will be final. If the Contract Administrator rules in favor 1246 of the Service Recipient, Contractor will credit the disputed contamination charges or 1247 increased Service Rate. If the Contract Administrator rules in favor of Contractor, 1248 Contractor may charge Service Recipient the prior halted contamination charge and/or 1249 increased Service Rate from the date on which the increased services (e.g., increasing 1250 the Container number, size or collection frequency) commenced at rates as set forth in 1251 Exhibit 1.
1252 9.11 Plan of Correction. If Contractor fails to follow the Recyclable Materials 1253 and Organic Recyclable Material Contamination procedures as set forth in this Article, 1254 Contractor shall prepare and submit to the Contract Administrator a plan of correction 1255 within fifteen (15) Business Days of demand from the City. Upon approval by the plan 1256 of correction by the Contract Administrator, Contractor shall implement the plan of 1257 correction.
1258 9.12 Recyclable Material and Organic Recyclable Material Capacity. Contractor 1259 shall guarantee sufficient processing capacity for all Recyclable Materials and Organic ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
1260 Recyclable Materials for the term of the Agreement using at the Contractor’s designated 1261 Material Recovery Facility and Organic Recyclable Material Processing Facility. Should 1262 Contractor’s proposed Disposal Facility be used, Contractor shall guarantee sufficient 1263 disposal capacity for the term of the Agreement.
1264 9.13 Regulations and Record Keeping. Contractor must comply with emergency 1265 notification procedures required by Applicable Laws and regulatory requirements. All 1266 records required by regulations must be maintained at Contractor’s facility. These 1267 records must include waste manifests, waste inventories, waste characterization 1268 records, inspection records, incident reports, and training records. 1269 9.14 Transition Plan. Contractor must adhere to the Transition Plan included in 1270 the Contractor’s Proposal as Exhibit 6.
1271 ARTICLE 10. Residential Collection Service
1272 10.01 Residential Collection Service. These services shall be governed by the 1273 following terms and conditions:
1274 10.02 Conditions of Service. The Contractor shall provide Residential Collection 1275 Service to all Residential Service Units in the Service Area whose; Residential Garbage 1276 is properly containerized in Gray Containers, Recyclable Materials are properly 1277 containerized in Blue Containers, except as set forth in Section 10.08.1, and Organic 1278 Recyclable Material is properly containerized in Green Containers, except as set forth 1279 in Section 10.09.1, where the Gray, Blue, and Green Containers have been placed within 1280 three (3) feet of the curb, swale, paved surface of the public roadway, closest accessible 1281 roadway, or other such location agreed to by the Contractor and Service Recipient, that 1282 will provide safe and efficient accessibility to the Contractor’s Collection crew and 1283 vehicle.
1284 10.03 On-Premises Service. Notwithstanding any term or definition set forth in 1285 this Contract, Contractor shall provide on-premises Collection of Residential Garbage, 1286 Recyclable Materials, and Organic Recyclable Materials to a Residential Service Unit if 1287 all adult Service Recipients residing therein have disabilities that prevent them from 1288 setting their Gray, Blue or Green Container at the curb for Collection and if a request for 1289 on-premises service has been made to, and approved by, the Contract Administrator in 1290 the manner required by City. The Contract Administrator shall notify the Contractor in 1291 writing of any Residential Service Units requiring on-premises service along with the 1292 date such service is to begin. No additional monies shall be due to the Contractor for the 1293 provision of on-premises service.
1294 10.03.1 Collection Day. Contractor shall provide on-premises 1295 Collection Service on the same Work Day that curbside Collection Service would 1296 otherwise be provided to the Residential Service Unit.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
1297 10.04 Frequency and Scheduling of Service.
1298 10.04.1 Residential Garbage and Organic Recyclable Material 1299 Collection Service shall be provided one (1) time per week on a scheduled route basis. 1300 Residential Recycling Collection Service, including Residential Used Oil Collection 1301 Service, and dry cell battery collection, shall be provided one (1) time every other week 1302 and shall be scheduled so that a Residential Service Unit receives Residential Garbage 1303 Collection Service, Residential Recycling Collection Service, and Organic Recyclable 1304 Material Collection Service, including Residential Used Oil Collection Service, on the 1305 same Work Day.
1306 10.05 Hours and Days of Collection. Residential Collection Service shall be 1307 provided, commencing no earlier than 6:00 a.m. and terminating no later than 6:00 p.m., 1308 Monday through Friday with no service on Saturday (except for holiday service as set 1309 forth in Section 9.03 of this Contract) or Sunday. The hours, days, or both of Collection 1310 may be extended due to extraordinary circumstances or conditions with the prior written 1311 consent of the Contract Administrator.
1312 10.06 Manner of Collection. The Contractor shall provide Residential Collection 1313 Service with as little disturbance as possible and shall leave any Gray, Blue or Green 1314 Containers in an upright position at the same point it was Collected without obstructing 1315 alleys, roadways, driveways, sidewalks or mail boxes. Contractor shall maintain a 1316 system capable of tracking the time required to respond to all customer complaints and 1317 service requests, including but not limited to cart replacement, cart exchanges, providing 1318 Carts to new Service Units and Large Item Collection Service 1319 10.06.1 Contractor’s employees providing Residential Collection 1320 Service shall follow the regular walk for pedestrians while on private property and shall 1321 not trespass nor cross property to the adjoining premises unless the occupant or owner 1322 of both properties has given permission. Care should be taken to prevent damage to 1323 property, including flowers, shrubs, and other plantings. 1324 10.06.3 Additional Blue or Green Container. Upon request, Contractor shall 1325 provide one (1) additional Blue or Green Container to any Residential Service Unit for 1326 the provision of Recycling or Organic Recyclable Material Collection Service. This 1327 service shall be provided by Contractor at no additional charge to the Service Recipient. 1328 Contractor shall be compensated for the delivery or exchange of additional Cart(s) in 1329 accordance with Section 10.06.6.
1330 10.06.4 Replacement of Gray, Blue and Green Containers. Contractor’s 1331 employees shall take care to prevent damage to carts by unnecessary rough treatment. 1332 However, any Container damaged by the Contractor shall be replaced by the Contractor, ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
1333 at the Contractor’s expense, within five (5) Work Days at no cost or inconvenience to 1334 the Service Recipient.
1335 10.06.4.1 Upon notification to the Contractor by the City or a 1336 Service Recipient that the Service Recipient’s Gray, Blue or Green Containers(s) has 1337 been lost, stolen or damaged beyond repair through no fault of the Contractor, or needs 1338 replacement due to age and normal wear and tear, the Contractor shall deliver a 1339 replacement Containers(s) to such Service Recipient within five (5) Work Days. Upon 1340 notification to the Contractor by the Service Recipient that the Service Recipient’s 1341 Kitchen Food Waste Pail has been lost or damaged beyond repair, the Contractor shall 1342 deliver up to one replacement Kitchen Food Waste Pail at no additional charge to the 1343 Service Recipient within (5) Work Days during the term of the Contract. The Contractor 1344 shall maintain records documenting all Containers replacements occurring on a monthly 1345 basis.
1346 10.06.4.2 Each Service Recipient shall be entitled to the 1347 replacement of one (1) lost, destroyed, or stolen Gray Container, one (1) lost, destroyed, 1348 or stolen Blue Container, and one (1) lost, destroyed, or stolen Green Container during 1349 the term of this Contract at no cost to the Service Recipient. Except in the case of a 1350 Container that must be replaced because of damage caused by Contractor, due to 1351 damage caused by age, or in the case where Contractor elects to replace a Container 1352 rather than repair it on-site, Contractor shall be compensated for the cost of those 1353 replacements in excess of one (1) per type of Container per Service Recipient during 1354 the term of the Contract, in accordance with the “Container Replacement” Service Rate 1355 set forth in Exhibit 1, or as may be adjusted under the terms of this Contract. 1356 10.06.4.3 Contractor understands and agrees that this 1357 provision is intended to be applied on a per Container type, Service Recipient basis and 1358 accordingly each Service Recipient could receive up to three (3) replacement Container, 1359 one (1) of each type, during the life of the Contract. 1360 10.06.5 Repair of Gray, Blue and Green Containers. Contractor shall be 1361 responsible for repair of Container(s) in the areas to include but not be limited to, hinged 1362 lids, wheels and axles. Within five (5) Work Days of notification by the City or a Service 1363 Recipient of the need for such repairs, the Contractor shall repair the Container or, if 1364 necessary, remove the Container for repairs and deliver a replacement Container to the 1365 Service Recipient.
1366 10.06.6 Container Exchange. Upon notification to the Contractor by the 1367 City or a Service Recipient that a change in the size of a Gray, Blue or Green Container 1368 is required, or that the Service Recipient requires a second Blue or Green Container, 1369 the Contractor shall deliver such Container to such Service Recipient within five (5) Work ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
1370 Days. Each Residential Service Unit shall be eligible to receive one (1) free Gray, Blue 1371 and Green Container exchange per Contract Year during the term of this Contract and 1372 one free delivery of a second Blue or Green Container during the term of this Contract. 1373 Accordingly, Contractor shall be compensated for the cost of those exchanges in excess 1374 of one (1) per Container type per Contract Year, in accordance with the “Container 1375 Exchange” service rate as set forth in Exhibit 1 or as may be adjusted under the terms 1376 of this Contract.
1377 10.06.7 Ownership of Gray, Blue and Green Container. Ownership of 1378 Gray, Blue and Green Container(s) shall rest with the Contractor, except that ownership 1379 of Gray, Blue and Green Container(s) in the possession of a Service Recipient at the 1380 end of this Contract may rest with the City, at City’s sole discretion. In the case of the 1381 termination of the Contract due to the default of the Contractor, the Gray, Blue, and 1382 Green Containers, shall, at City’s sole discretion and at no additional cost to the City, 1383 become the property of the City and Contractor shall submit to the Contract 1384 Administrator an inventory of Gray, Blue, and Green Containers, including their 1385 locations, together with all proof of ownership, and shall take all steps necessary to 1386 transfer ownership to City.
1387 10.07 Residential Garbage Collection Service. This service will be governed by 1388 the following terms and conditions:
1389 10.07.1 Non-Collection. Except as set forth in Section 10.12, 1390 Contractor shall not be required to Collect any Residential Garbage that is not placed in 1391 a Gray Container. In the event of non-collection, Contractor shall affix to the Gray 1392 Container a Non-Collection Notice explaining why Collection was not made. Contractor 1393 shall maintain a copy of such notices during the term of this Contract. 1394 10.07.2 Disposal Facility. Except as set forth below, all Residential 1395 Garbage Collected as a result of performing Residential Garbage Collection Service 1396 shall be transported to, and disposed of, at the Disposal Facility. In the event the 1397 Disposal Facility is closed on a Work Day, the Contractor shall transport and dispose of 1398 the Residential Garbage at such other legally permitted disposal facility as designated 1399 in writing by City. Failure to comply with this provision shall result in the levy of an 1400 administrative charge as specified in Article 23 of this Contract and may result in the 1401 Contractor being in default under this Contract.
1402 10.08 Residential Recycling Service. This service will be governed by the 1403 following terms and conditions:
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
1404 10.08.1 Overages. Corrugated cardboard that will not fit inside the Blue 1405 Container may be placed beside the Blue Container for Collection. 1406 10.08.2 Recycling - Improper Procedure. Except as set forth in this Section 1407 10.08.2, the Contractor shall not be required to Collect Recyclable Materials if the 1408 Service Recipient does not segregate the Recyclable Materials from Residential 1409 Garbage. Furthermore, except as set forth in Section 10.08.1 above, Contractor shall 1410 not be required to Collect any Recyclable Material that is not placed in a Blue Container. 1411 If Recyclable Materials are contaminated through commingling with Residential 1412 Garbage, the Contractor shall, if practical, separate the Residential Garbage from the 1413 Recyclable Materials and dispose of the Residential Garbage in the Gray Container. The 1414 Recyclable Materials shall then be Collected, and Non-Collection Notice left on the Blue 1415 Container explaining why the Residential Garbage is not considered a Recyclable 1416 Material. However, in the event the Recyclable Materials and Residential Garbage are 1417 commingled to the extent that they cannot easily be separated by the Contractor or the 1418 nature of the Residential Garbage renders the entire Blue Container contaminated, the 1419 Contractor will leave the Blue Container un-emptied along with a Non-Collection Notice 1420 that contains instructions on the proper procedures for setting out Recyclable Materials. 1421 If contents in the Blue Container are contaminated, the Contractor will have the option 1422 to collect the contaminated Container and charge a Contamination Charge. Contractor 1423 will be required to take a picture of the contamination and notify the customer using a 1424 Non-Collection/Contamination notice.
1425 10.08.3 Material Recovery Facility. All Recyclable Materials Collected as 1426 a result of performing Recycling Services shall be delivered to the Material Recovery 1427 Facility. Failure to comply with this provision shall result in the levy of an administrative 1428 charge as specified in Article 23 of this Contract and may result in the Contractor being 1429 in default under this Contract.
1430 10.08.4 Recycling - Changes to Work. Should changes in law arise that 1431 necessitate any additions or deletions to the work described herein, including the type 1432 of items included as Recyclable Materials, the parties shall negotiate any necessary cost 1433 changes and shall enter into a Contract amendment covering such modifications to the 1434 work to be performed and the compensation to be paid before undertaking any changes 1435 or revisions to such work.
1436 10.09 Organic Recyclable Material Collection Service. This service will be 1437 governed by the following terms and conditions:
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
1438 10.09.1 Christmas Tree Collection. The Contractor shall Collect Christmas 1439 Trees set out at the curb for Collection during the three-week period beginning 1440 December 26 and annually thereafter during the term of this Contract. Contractor shall 1441 deliver the Collected Christmas Trees to an appropriate facility for processing. Christmas 1442 Trees shall be limited to 8 feet tall , and must be generated by and at the Residential 1443 Service Unit wherein the Christmas Tree is Collected. This annual service shall be 1444 provided at no additional charge to the Service Recipient. 1445 10.09.1.1 Contaminated Christmas Trees. Christmas trees that are 1446 flocked, contain tinsel or other decorations may be transferred and/or delivered to the 1447 Disposal Facility at the discretion of the Contractor. 1448 10.09.2 Non-Collection. Except as set forth in Section 10.09.1 above, 1449 Contractor shall not be required to Collect any Organic Recyclable Material that is not 1450 placed in a Green Container. Furthermore, Contractor shall not be required to provide 1451 Leaf Collection Service as detailed in Section 10.11 if a bag contains any material other 1452 than leaves. In the event of non-collection, Contractor shall affix to the Green Containers 1453 or bags a Non-Collection Notice explaining why Collection was not made. Contractor 1454 shall maintain a copy of such notices during the term of this Contract. If contents in the 1455 Green Containers are contaminated, the Contractor will have the option to collect the 1456 contaminated Container and charge a Contamination Charge. Contractor will be 1457 required to take a picture of the contamination and notify the customer using a Non1458 Collection Notice. 1459 10.10 Organic Recyclable Material Processing Services. Contractor shall ensure 1460 that all Organic Recyclable Material Collected pursuant to this Contract is diverted from 1461 the landfill in accordance with Applicable Law.
1462 10.10.1 Contractor shall ensure that the Organic Recyclable Material 1463 Collected pursuant to this Contract is not disposed of in a landfill, except as a residue 1464 resulting from processing.
1465 10.10.2 Organic Recyclable Material Processing Facility. Contractor must 1466 ensure that all Organic Recyclable Material collected pursuant to this Contract is 1467 diverted from the landfill in accordance with Applicable Law. Contractor shall deliver all 1468 Collected Organic Recyclable Material to a fully permitted Organic Recyclable Material 1469 Processing Facility, a fully permitted Transfer Station, or other properly permitted facility. 1470 All expenses related to Organic Recyclable Material processing and marketing will be 1471 the sole responsibility of Contractor.
1472 10.11 Leaf Collection Service. Contractor shall provide Leaf Collection Service at 1473 the normal Organic Recyclable Material Collection pick-up date and time. Contractor ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
1474 shall collect up to four (4) 30-gallon bags per Service Unit per Collection. This service 1475 shall be provided at no additional cost to the City or Service Recipient. 1476 10.12 Large Item Collection Service. This service will be governed by the following 1477 terms and conditions.
1478 10.12.1 Conditions of Service. The Contractor shall provide Large Item 1479 Collection Service to all Residential Service Units in the Service Area whose Large Items 1480 have been placed within three (3) feet of the curb, swale, paved surface of the public 1481 roadway, closest accessible roadway, or other such location agreed to by the Contractor 1482 and Service Recipient, that will provide safe and efficient accessibility to the Contractor’s 1483 Collection crew and vehicle. The Service Recipient shall be limited to ten (10) cubic 1484 yards per Collection. Accordingly, Contractor shall be compensated for the cost of 1485 Collecting Large Items in excess of this limitation in accordance with the “additional 1486 Large Item Collection” service rate as set forth in Exhibit 1 or as may be adjusted under 1487 the terms of this Contract. Each Residential Service Unit in the Service Area shall be 1488 entitled to receive Large Item Collection Service up to three (3) times per Contract Year. 1489 10.12.2 Frequency of Service. Large Item Collection Service shall be 1490 provided within seven (7) days of receipt of the request, excluding Saturdays, Sundays 1491 and Holidays, as set forth herein. The Service Recipient shall not intentionally 1492 commingle Large Items with other Residential Waste. Large Item Collection Service will 1493 occur on the same day as Garbage Collection Service, Recycling Collection Service and 1494 Organic Recyclable Material Collection Service, unless Service Recipient requests a 1495 specific date in advance. Large Items placed in the public right of way more than twenty1496 four (24) hours before their scheduled Collection day may be considered illegal dumping 1497 if placement of such items is in violation of the Rancho Cordova Municipal Code and 1498 City may request Contractor to remove such items. If permissible, such removal shall be 1499 considered a special pick up for the service recipient and be subject to the special pick 1500 up fees as set forth in Exhibit 1.
1501 10.12.3 Care of Large Items. During the Collection and transporting of 1502 Large Items, Contractor shall take reasonable care to see that reusable goods are not 1503 damaged. In the event that Contractor Collects Large Items that contain Freon, 1504 Contractor shall handle such Large Items in a manner such that the Large Items are not 1505 subject to regulation as Hazardous Waste under applicable state and federal laws or 1506 regulations.
1507 10.12.4 Maximum Reuse and Recycling. Contractor must process bulky 1508 waste and Large Items collected from Service Units pursuant to this Contract locally, 1509 using a City-approved, sorting facility. Contractor shall ensure that Organic Recyclable ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
1510 Material and Recyclable Material Collected pursuant to this Contract is diverted from the 1511 landfill in accordance with Applicable Law.
1512 10.13 Residential Used Oil Collection Service. This service will be governed by 1513 the following terms and conditions:
1514 10.13.1 Conditions of Service. In conjunction with the provision of 1515 Residential Recycling Collection Service, the Contractor shall provide Residential Used 1516 Oil Collection Service to all Residential Service Units in the Service Area utilizing Used 1517 Oil Containers for the accumulation and set-out of their Used Oil, and Used Oil Filter 1518 Containers for the accumulation and set out of their Used Oil Filters where the Used Oil 1519 Containers and Used Oil Filter Containers have been placed within three (3) feet of the 1520 curb, swale, paved surface of the public roadway, closest accessible roadway, or other 1521 such location agreed to by the Contractor and Service Recipient, that will provide safe 1522 and efficient accessibility to the Contractor’s Collection crew and vehicle. 1523 10.13.2 Non-Collection. Contractor shall not be required to collect material 1524 placed in Used Oil or Used Oil Filter Containers unless the material is Used Oil or Used 1525 Oil Filters, as appropriate, and is free of contamination other than contamination 1526 normally expected to be present as a result of the use, storage or spillage of the Used 1527 Oil or Used Oil Filter. In the event of non-collection, Contractor shall affix to the Used Oil 1528 or Used Oil Filter Container a Non-Collection Notice explaining why Collection was not 1529 made and maintain a copy of such notice during the term of this Contract. Prior to the 1530 end of the Work Day, Contractor shall notify the Contract Administrator, either by Fax or 1531 e-mail, of any non-collection occurrences. If non-collection is because the Used Oil or 1532 Filter was placed in an improper container, Contractor shall also leave Used Oil or Used 1533 Oil Filter Containers in a number sufficient to contain the Used Oil or Used Oil Filters set 1534 out, but not exceeding a number sufficient to hold sixteen (16) quarts, or two (2) Used 1535 Oil Filters along with the Non-Collection Notice.
1536 10.13.3 Spillage. Contractor shall carry oil absorbent material on all 1537 vehicles providing Used Oil Collection Service and shall cleanup any Used Oil that spills 1538 during Collection, which has leaked from the Used Oil or Used Oil Filter Container, or 1539 which spills or leaks during the time the Used Oil or Used Oil Filter is in the Collection 1540 vehicle.
1541 10.13.4 Used Oil and Used Oil Filter Containers. To the extent allowed by 1542 Contractor, residents may provide their own used oil and used filter containers. 1543 However, in the event Contractor allows the use of resident-provided containers, 1544 Contractor shall assume any and all liabilities related to the use of such residentITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
1545 provided containers. Within three (3) Work Days of receipt of a verbal, written, or 1546 electronic request of City or a Service Recipient, Contractor shall, at Contractor’s sole 1547 cost and expense, provide the Residential Service Unit where the Service Recipient 1548 resides with Used Oil Containers and Used Oil Filter Containers in the number requested 1549 by the City or the Service Recipient but not exceeding a number sufficient to hold sixteen 1550 (16) quarts of Used Oil and two (2) Used Oil Filters. 1551 10.13.4.1 At the time Contractor Collects Used Oil from a Service 1552 Recipient, Contractor shall, at Contractor’s sole cost and expense, leave at the premises 1553 one (1) Used Oil Container for each Used Oil Container Collected and one (1) Used Oil 1554 Filter Container for each Used Oil Filter Container Collected. Contractor shall keep the 1555 outside of all Used Oil and Used Oil Filter Containers clean and may re-use the 1556 containers until the condition of the container makes it inappropriate for re-use. 1557 10.13.5 Segregation of Used Oil. Contractor shall keep all Used Oil and 1558 Used Oil Filters Collected pursuant to this Contract segregated from other materials. 1559 10.13.6 Used Oil Processing. Contractor shall recycle all Used Oil 1560 Collected pursuant to this Contract to the extent feasible and shall properly dispose of 1561 all Used Oil and Used Oil Filters that are contaminated or otherwise cannot be recycled. 1562 10.13.6.1 Contractor shall recycle the Used Oil only with persons 1563 who are authorized by the State of California to recycle oil. In the event the Used Oil or 1564 Used Oil Filters Collected pursuant to this Contract is contaminated to the extent that 1565 the Used Oil or Used Oil Filters require disposal as a Hazardous Waste, Contractor shall 1566 dispose of such Used Oil or Used Oil Filters, at Contractor’s own cost and expense in 1567 accordance with applicable state and federal law.
1568 10.13.6.2 Contractor shall notify the Contract Administrator, either 1569 by fax or e-mail, of any contamination which renders the Used Oil unacceptable for 1570 recycling or which requires disposal of the Used Oil or Used Oil Filters as a Hazardous 1571 Waste.
1572 10.14 Sharps Collection Service. The service will be governed by the following 1573 terms and conditions:
1574 10.14.1 Collection. Within one (1) week after request by Service Recipient 1575 Contractor will collect any Sharps discarded in Approved Sharps Containers provided 1576 by the Service Recipient, at that Service Recipient’s Residential premise without 1577 surcharge to the Service Recipient or charge to the City. As part of the Sharps Collection 1578 Service, Contractor shall provide an option for Service Recipients to mail back their 1579 Sharps, if contained in a Contractor approved container for a fee. If Contractor delivers 1580 Approved Sharps Container(s) to a transfer station that Contractor owns or operates, ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
1581 Contractor will arrange for a medical waste hauler to pick up the Approved Sharps 1582 Container(s), and stage or store the Container(s) until the certified medical waste hauler 1583 collects the Container(s).
1584 10.14.2 Container. Contractor will, at the sole cost to the Contractor, 1585 provide Service Recipients with an Approved Sharps Container for use in the Sharps 1586 Collection program.
1587 10.14.3 Service Recipient Appointment. Contractor will follow the following 1588 procedure:
1589 10.14.3.1 Contractor will receive the Service Recipient’s telephone 1590 request for Sharps Collection Service during phone hours at the local, toll-free telephone 1591 number that Contractor must maintain.
1592 10.14.3.2 If the Service Recipient provides his or her telephone 1593 number to Contractor on that call, Contractor will return the call to schedule and Collect 1594 an Approved Sharps Container on Service Recipient’s regularly scheduled Collection 1595 day between 6 a.m. and 3 p.m.
1596 10.14.3.3 Contractor will arrange with Service Recipient where 1597 Service Recipient will personally deliver the Approved Sharps Container to the 1598 Contractor’s employee when the employee knocks on or rings the bell at the Service 1599 Recipient‘s front door. Contractor may not arrange with Service Recipient to set out any 1600 Approved Sharps Container at the Service Recipient’s curbside set-out site. In addition 1601 to the personal delivery of the Approved Sharps Container by the Service Recipient to 1602 the Contractor’s employee, the City may arrange for a drop-off location at one of the 1603 City’s owned facilities. Contractor will record the time and place of regularly scheduled 1604 Collection on the Service Recipient’s subscription form. 1605 10.14.4 Non-Collection. Contractor is not required to Collect Sharps in the 1606 following events:
1607 10.14.4.1 Service Recipient discards materials other than Sharps, 1608 such as prescription drugs,
1609 10.14.4.2 Service Recipient does not discard Sharps in an 1610 Approved Sharps Container,
1611 10.14.4.3 Sharps have spilled out of the Approved Sharps 1612 Container, or the Container is broken, split or otherwise damaged, or it is not sealed 1613 properly, or
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
1614 10.14.4.4 Service Recipient does not set out the Approved Sharps 1615 Container at the place arranged between the Service Recipient and the Contractor: for 1616 example, Service Recipient sets out the container at the curb. 1617 In any of these events, Contractor will complete and leave a Non1618 Collection Notice securely attached to the discarded material container, describing the 1619 reason that the Contractor did not Collect the Approved Sharps Container. 1620 10.14.5 Handling Sharps.
1621 10.4.5.1 Contractor’s employee will record Collection thereof on his 1622 or her route sheet.
1623 10.14.5.2 Contractor will transport Approved Sharps Container to 1624 [Contractor to identify location].
1625 10.14.5.3 Contractor will arrange for disposal of Sharps in 1626 accordance with Applicable Law.
1627 10.14.6 Customer Education and Outreach. Contractor will provide all 1628 Customers with a description of the Sharps Collection program. 1629 10.15 Place holder for Edible Food Collection Program 1630 ARTICLE 11. City Collection Service
1631 11.01 City Collection Service. Except as set forth below, the Contractor shall 1632 provide City Collection Service to all City Service Units in the Service Area as described 1633 in Exhibit 3. This service will be governed by the following terms and conditions:
1634 11.01.1 Hours of Collection. City Collection Service shall be provided, 1635 commencing no earlier than 5:00 a.m., provided the City Service Unit is located a 1636 minimum of one hundred (100) feet from residential property, and terminating no later 1637 than 7:00 p.m., Monday through Friday. The hours of Collection may be extended due 1638 to extraordinary circumstances or conditions with the prior written consent of the 1639 Contract Administrator.
1640 11.01.2 Accessibility. Contractor shall Collect all Gray, Blue or Green 1641 Containers that are readily accessible to the Contractor’s crew and vehicles and not 1642 blocked. However, Contractor shall provide “push services” as necessary during the 1643 provision of City Collection Services. Push services shall include, but not be limited to 1644 dismounting from the Collection vehicle, moving the Gray, Blue, or Green Containers 1645 from their storage location for Collection and returning the Gray, Blue, or Green 1646 Containers to their storage location.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
1647 11.01.3 Manner of Collection. The Contractor shall provide City Collection 1648 Service with as little disturbance as possible and shall leave Gray, Blue, or Green 1649 Containers at the same point it originally located without obstructing alleys, roadways, 1650 driveways, sidewalks or mail boxes.
1651 11.01.4 Purchase and Distribution of Container(s). 1652 11.01.4.1 Contractor is responsible for the purchase and delivery 1653 of Kitchen Food Waste Pails to all newly constructed Residential Service Units in the 1654 City, and for lost or stolen pails at the request of the Service Recipient. Kitchen Food 1655 Waste Pails to Service Units in the Service Area. Each Service Unit shall be eligible to 1656 request one (1) Kitchen Food Waste Pail per year at no additional charge. 1657 11.01.5 Replacement of Gray, Blue, and Green Container(s). Care shall 1658 be taken by Contractor’s employees to prevent damage to Containers by unnecessary 1659 rough treatment. However, any Gray, Blue, or Green Container(s) damaged by the 1660 Contractor shall be replaced by the Contractor, at Contractor’s expense, within five (5) 1661 Work Days at no cost or inconvenience to the Service Recipient. 1662 11.01.5.1 Upon notification to the Contractor by the City that a City 1663 Service Units’ Container has been lost, stolen or that it has been damaged beyond repair 1664 through no fault of the Contractor, the Contractor shall deliver a replacement Gray, Blue, 1665 or Green Container to such Service Unit within five (5) Work Days. 1666 11.01.6 Gray, Blue, and Green Container(s). Contractor shall be 1667 responsible for repair of Containers. Within five (5) Work Days of notification by the City 1668 of the need for such repairs, the Contractor shall repair the Container or if necessary, 1669 remove the Container for repairs and deliver a replacement Gray, Blue, or Green 1670 Container. Gray, Blue, and Green Container repair shall also include the removal of 1671 graffiti from the Container.
1672 11.01.7 Gray, Blue, and Green Container Exchange. Upon notification to 1673 the Contractor by the City that a change in the size, or number of the Gray, Blue, or 1674 Green Container, or a change in the number of Gray, Blue, or Green Containers is 1675 required, the Contractor shall deliver such Containers to such City Service Unit within 1676 five (5) Work Days.
1677 11.01.8 Ownership of Gray, Blue and Green Container. Ownership of 1678 Gray, Blue and Green Container(s) shall be governed by the provisions of Section 1679 10.06.7.
1680 11.01.9 Annual Cleaning. Once each Contract Year, at no charge to the 1681 City, Contractor shall clean all Gray, Blue, or Green Containers at the City Service Unit’s 1682 premises or shall replace the dirty Containers with clean Containers and remove the 1683 dirty Containers for cleaning.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
1684 11.02 City Service Unit Recycling Program. Contractor shall maintain a City 1685 Service Unit Recycling Program that includes Collection of Organic Recyclable Materials 1686 and Recyclable Materials. Contractor will educate City staff on the importance of source 1687 separating Recyclable Material and Organic Recyclable Materials from Garbage. 1688 Contractor shall provide educational material and signage annually for the City Service 1689 Unit Recycling Program at no additional cost to the City. 1690 11.03 City Garbage Collection Service.
1691 11.03.1 Conditions of Service. The Contractor shall provide City Garbage 1692 Collection Service to all City Service Units in the Service Area whose City Garbage is 1693 properly containerized in Gray Containers, where the Gray Containers are accessible 1694 as set forth in Section 11.01.2.
1695 11.03.2 Size and Frequency of Service. The size of the containers and the 1696 frequency of this service shall be provided as deemed necessary and as determined 1697 between the Contractor and the Contract Administrator, but such service shall be 1698 received no less than one (1) time per week with no exception for holiday(s) as set forth 1699 herein, except that Collection service scheduled to fall on a holiday may be rescheduled 1700 as determined between the Contract Administrator and the Contractor as long as the 1701 minimum frequency requirement is met. Service may be provided by Garbage Bin or 1702 Cart at the option of the City.
1703 11.03.3 Disposal Facility. All City Garbage, Collected as a result of 1704 performing City Garbage Collection Service shall be transported to, and disposed of, at 1705 the Disposal Facility. In the event the Disposal Facility is closed on a Work Day, the 1706 Contractor shall transport and dispose of City Garbage at such other legally permitted 1707 disposal facility as designated in writing by City. Failure to comply with this provision 1708 shall result in the levy of an administrative charge as specified in Article 23 of this 1709 Contract and may result in the Contractor being in default under this Contract. 1710 11.04 City Recycling Collection Service. This service will be governed by the 1711 following terms and conditions:
1712 11.04.1 Conditions of Service. The Contractor shall provide City Recycling 1713 Collection Service to all City Service Units in the Service Area whose Recyclable 1714 Materials are properly containerized in Blue Containers, except as set forth in Section 1715 11.04.3 below, where the Blue Containers are accessible as set forth in Section 11.01 2. 1716 11.04.2 Size and Frequency of Service. The size of the containers and the 1717 frequency of this service shall be provided as deemed necessary and as determined 1718 between the Contractor and the Contract Administrator, but such service shall be 1719 received no less than one (1) time per week with no exception for holiday(s) as set forth ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
1720 herein, except that Collection service scheduled to fall on a holiday may be rescheduled 1721 as determined between the Contract Administrator and the Contractor as long as the 1722 minimum frequency requirement is met. Service may be provided by Bin or Cart at the 1723 option of the City.
1724 11.04.3 Recycling - Improper Procedure. Recycling – Improper Procedure 1725 shall be governed by the provisions of Section 10.08.2. 1726 11.05 Material Recovery Facility. All Recyclable Materials Collected as a result of 1727 performing Recycling Collection Services shall be delivered to the Material Recovery 1728 Facility, as specified in the Contractor’s Proposal Exhibit 6, and determined by 1729 Contractor at its sole discretion. Failure to comply with this provision shall result in the 1730 levy of an administrative charge as specified in Article 23 of this Contract and may result 1731 in the Contractor being in default under this Contract. 1732 11.06 Organic Recyclable Materials Collection Service. This service will be 1733 governed by the following terms and conditions:
1734 11.06.1 Conditions of Service. The Contractor shall provide Organic 1735 Recyclable Material Collection Service to all City Service Units in the Service Area 1736 whose Organic Recyclable Material is properly containerized in Green Containers, 1737 where the Green Containers are accessible as set forth in Section 11.01.2. 1738 11.06.2 Size and Frequency of Service. The size of the containers and the 1739 frequency of this service shall be provided as deemed necessary and as determined 1740 between the Contractor and the Contract Administrator, but such service shall be 1741 received no less than one (1) time per week with no exception for holiday(s) as set forth 1742 herein, except that Collection service scheduled to fall on a holiday may be rescheduled 1743 as determined between the Contract Administrator and the Contractor as long as the 1744 minimum frequency requirement is met. Service may be provided by Bin or Cart at the 1745 option of the City.
1746 11.06.3 Organic Recyclable Material Processing Facility. Contractor must 1747 ensure that all Organic Recyclable Material collected pursuant to this Contract is 1748 diverted from the landfill in accordance with Applicable Law. Contractor shall deliver all 1749 Collected Organic Recyclable Material to a fully permitted Organic Recyclable Material 1750 Processing Facility, a fully permitted Transfer station, or other properly permitted facility 1751 as described in the Contractor’s Proposal Exhibit 6. All expenses related to Organic 1752 Recyclable Material processing and marketing will be the sole responsibility of 1753 Contractor.
1754 11.07 City Event Services. Contractor shall provide Garbage Collection and 1755 disposal services, Recyclable Material Collection and processing services, Organic ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
1756 Recyclable Material Collection and processing services, and portable toilets at up to ten 1757 (10) City-sponsored or supported events as requested by City. Such services shall be 1758 provided in such a manner that all Garbage, Recyclable, Organic Recyclable Material, 1759 and portable toilet needs of the event are adequately and properly provided for by 1760 Contractor at no cost of any kind to the City or the City-supported sponsor of the event. 1761 11.08 Large Item Collection Service. Large Item Collection Service shall be 1762 governed by the provisions of Section 10.12.
1763 ARTICLE 12. Other Collection Service
1764 12.01 Additional Programs.
1765 12.01.1 Sharps Collection Service. Contractor shall provide Sharps 1766 Collection Service throughout the term of the Contract and CONTRACTOR will include 1767 information about the Sharps Collection Service in the Public Education and Outreach 1768 Programs undertaken pursuant to Article 18 throughout the term of the Contract. 1769 12.01.2 Dry Cell Battery Collection. Contractor shall collect dry cell 1770 household batteries as part of Residential Recycling Collection Service and 1771 CONTRACTOR will include information about dry cell battery collection services in Public 1772 Education and Outreach Programs undertaken pursuant to Article 18 throughout the term 1773 of the Contract.
1774 12.01.3 Public Outreach and Education Services. Contractor shall make 1775 expanded public outreach and educational services, as set forth in Section 18.01 of this 1776 Contract.
1777 12.02 Debris Collection Service.
1778 12.02.1 Conditions of Service. Contractor shall provide Debris Collection 1779 Service within the Service Area as requested by the City. In the event that the Contractor 1780 is notified by phone or in writing by the City of the location of abandoned debris, 1781 Contractor shall remove such item within forty-eight (48) hours of receipt of such 1782 notification.
1783 12.02.2 Contractor shall provide two thousand (2,000) cubic yards per 1784 Contract Year of Debris Collection Service at no additional charge to the City. The 1785 Contractor shall provide Debris Collection Service in excess of two thousand (2,000) 1786 cubic yards at the direction of the Contract Administrator, for a charge to the City not to 1787 exceed the rate set forth in Exhibit 1. The cubic yard charge to the City for Debris 1788 Collection Service in excess of the two thousand (2,000) cubic yard annual limit shall be 1789 adjusted annually in accordance with the percentage amounts identified in Section 5 03.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
1790 12.03 Special Clean-Up Service.
1791 12.03.1 Contractor shall, in response to the written request of the Contract 1792 Administrator, deliver and collect Roll-Off Containers for use in special clean-up 1793 programs. Contractor, at the City Contract Administrators direction shall provide up to 1794 four (4) Special Clean-up Service events per year, with a total collection not to exceed 1795 One Thousand, Two Hundred (1,200) cubic yards in any Contract Year. Each clean-up 1796 event shall consist of a single Collection day beginning at 6:00 a.m. and ending at 6:00 1797 p.m. The Contract Administrator shall notify Contractor in writing not less than five (5) 1798 calendar days prior to the date of the service. The notice to Contractor shall specify the 1799 date of delivery and Collection of the Roll-Off Containers, the location(s) for delivery, and 1800 the number of and size of the Roll-Off Containers to be delivered. As part of this service, 1801 Contractor shall provide on-site supervision at all times the Roll-Off Containers are 1802 available for Special Clean-Up Service. At such time as the Roll-Off Container is full, but 1803 not later than the end of the Special Clean-Up Service day, Contractor shall transport and 1804 deliver the Collected materials to the Disposal Facility, the Materials Recovery Facility, or 1805 such other facility as is appropriate for the disposition of the materials and approved by 1806 the Contract Administrator.
1807 12.03.2 With the prior written consent of the Contract Administrator, 1808 Contractor may provide for the Collection of materials at a Special Clean-up Service 1809 event in a vehicle or container other than a Roll-Off Container. However, in the event the 1810 Contractor elects to utilize this alternative Collection process, Contractor is responsible 1811 for obtaining documentation of the weight of the materials Collected, diverted and 1812 disposed in a manner that is acceptable to the City. 1813 ARTICLE 13. Collection Routes
1814 13.01 Service Routes. Contractor must provide City with maps and digital 1815 mapping data precisely defining Collection routes. 1816 13.02 Service Route Changes. Contractor must submit to City, in writing, any 1817 proposed route change (including maps thereof) not less than sixty (60) calendar days 1818 prior to the proposed date of implementation. Contractor may not implement any route 1819 changes without the prior review and written consent of the Contract Administrator. If 1820 the change will change the Collection day for a Service Recipient, Contractor must notify 1821 those Service Recipients in writing of route changes not less than thirty (30) calendar 1822 days before the proposed date of implementation.
1823 13.03 Collection Route Audits. City reserves the right to conduct audits of 1824 Contractor’s Collection routes. Contractor must cooperate with City in connection 1825 therewith, including permitting City employees or agents, designated by the Contract 1826 Administrator, to ride in the Collection Vehicles to conduct the audits. Contractor has ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
1827 no responsibility or liability for the salary, wages, benefits or worker compensation claims 1828 of any person designated by the Contract Administrator to conduct such audits. 1829 13.04 Route Reviews. Contractor will audit and report on a minimum of 5,000 1830 accounts per year, with those accounts distributed evenly among each Hauler Route, 1831 unless otherwise directed by the City.
1832 13.04.1 Contractor will conduct Route Reviews on collection days when 1833 Gray, Blue, and Green Containers are scheduled for a Hauler Route. A Route Review 1834 will consist of opening the Gray, Blue, and Green Container, searching the top layer of 1835 material for Prohibited Container Contaminants, filling out a Prohibited Contamination 1836 Contaminants Container tag, documenting the data for reporting (including 1837 photographing Prohibited Contamination Contaminants), and returning the Gray, Blue, 1838 and Green Container lids.
1839 ARTICLE 14. Billing Audits and Performance Reviews 1840 14.01 Contractor Billing Audits. Contractor Shall Review its Billings to all 1841 Customers. The purpose of the review is to determine that the amount which the 1842 Contractor is billing each Customer is correct regarding the level of service (i. e. , 1843 frequency of collection, size of container, location of container) at the rates approved by 1844 City Council resolution. The Contractor shall review Customer accounts not less than 1845 annually and provide a written certification to the City that all such billing is correct. The 1846 documentation of the review, as well as verification that any errors have been corrected 1847 should be provided to the City annually.
1848 14.02. Performance and Financial Review. The City may contract with a solid 1849 waste consultant for an independent financial and performance review of Collection 1850 Services up to two (2) times during the initial ten year term of the Contract and one (1) 1851 time during any 5 year term extension. The primary objectives of the review are to ensure 1852 that service fees and franchise fees have been correctly calculated and paid, that 1853 diversion percentages have been properly calculated and that the Contractor is 1854 delivering services in accordance with the performance, reporting and diversion 1855 requirements of the Contract. Contractor agrees that these reviews are in the best 1856 interest of the City and Contractor and shall cooperate with City’s consultant during the 1857 provision of these reviews by providing access to all requested records and data in a 1858 timely manner.
1859 14.02.1 The Contractor shall pay to the City a total of Sixty Five Thousand 1860 Dollars ($65,000) for each Performance and Financial Review that is conducted during 1861 the term of the Contract and any extensions. That amount shall increase annually in 1862 accordance with the CPI Adjustment Calculation in Section 5.03. Beginning July 1, 2025, ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
1863 and annually thereafter. Contractor’s payment to the City is to be made within sixty (60) 1864 days’ written notice from the City of the commencement of any such review. 1865 14.03 Public Hearing. At the City's sole option, with at least thirty (30) calendar 1866 days written notification to the Contractor, it may conduct a public hearing at which the 1867 Contractor shall be present and shall participate, to review the Contractor's performance, 1868 quality of service, and evaluation of technological and regulatory changes. Required 1869 report information, including customer service log information as well as any findings 1870 from billing audits and /or performance reviews. Performance and service quality review 1871 hearings may be scheduled by the City at its discretion throughout the Term of the 1872 Agreement.
1873 14.04 Cooperation with Other Program Reviews. Contractor shall cooperate with 1874 City and/or its agent(s) as reasonably requested to collect program data, perform field 1875 work, conduct route audits to investigate customer participation levels and setout 1876 volumes and/or evaluate and monitor program results related to Garbage, Recyclable 1877 Materials and Organic Recyclable Material collected in City by Contractor, provided that 1878 such cooperation can be accomplished at no additional cost to Contractor and without 1879 interfering with Contractor’s operations.
1880 ARTICLE 15. Collection Equipment
1881 15.01 General Provisions. All equipment used by Contractor in the performance 1882 of services under this Agreement must be of a high quality and meet all Federal, State, 1883 and local regulations and air quality standards, including all applicable provisions of Air 1884 Quality Management District. Collection vehicles must be designed and operated so as 1885 to prevent collected materials from escaping from the vehicles. Hoppers must be closed 1886 on top and on all sides with screening material to prevent collected materials from 1887 leaking, blowing or falling from the vehicles. All trucks and containers must be watertight 1888 and must be operated so that liquids do not spill during Collection or in transit. 1889 15.02 Collection Vehicles. Contractor must use new Collection Vehicles as of the 1890 July 1, 2026 and may not use any Collection Vehicle that is more than ten (10) years old 1891 during the term of the Agreement. Contractor shall register all new Collection Vehicles 1892 under this Agreement to its address within the City, and shall report all purchases of 1893 Collection Vehicles under this Agreement as attributable to the City for sales tax 1894 purposes. Collection Vehicles must utilize low carbon (“alternative”) fuel, which must be 1895 renewable natural gas, LNG, CNG, or electric unless otherwise authorized by the City. 1896 If during the term of the Franchise Agreement, new technologies are available such as 1897 hybrid or electric powered collection vehicles, the City or the Contractor may 1898 request/negotiate implementation of such new collection vehicles, with a corresponding 1899 change to the Maximum Service Rates to reflect additional cost or savings. During the 1900 Term, to the extent required by law, Contractor shall provide its Collection Vehicles to be ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
1901 in full compliance with all Applicable Laws, including State and Federal clean air 1902 requirements that are adopted or proposed to be adopted, including, but not limited to, 1903 the California Air Resources Board Heavy Duty Engine Standards as currently proposed 1904 to be contained in California Code of Regulations, title 13, sections 2020 et seq. , the 1905 Federal EPA’s Highway Diesel Fuel Sulfur regulations and all other applicable air 1906 pollution control laws.
1907 15.03 Collection Vehicle Technology. Contractor must use Collection Vehicles 1908 fitted with GPS tracking devices that can be used to record start and stop times, vehicle 1909 locations, and maximum speed. Contractor shall furnish to the City at no additional cost 1910 or expense any software and equipment necessary for City to track the location of 1911 Collection Vehicles in real time and to generate reports as needed. Collection Vehicles 1912 must also take photos, date and location stamped, to document violations, including 1913 contamination, overfilling, and lids not closed. GPS and camera data must be accessible 1914 by City.
1915 15 04 Collection Vehicle Size Limitations / Overweigh Vehicle Charge. Contractor 1916 may not use any Collection Vehicle in violation of weight limitations in Applicable Law. 1917 The Contractor may exceed the Collection Vehicle size limitation for a limited time due 1918 to extraordinary circumstances or conditions with the prior written consent of the 1919 Contract Administrator. The limited time may not exceed 120 days. Contractor must 1920 report all instances of overweight vehicles to City as part of its quarterly reports , and as 1921 part of its Annual Reports to the City described in Section 20.03. Contractor may be 1922 assessed administrative charges as specified in Section 23.04 associated with any 1923 overweight vehicles. Prior to collecting administrative charges for overweight vehicles, 1924 the City shall afford Contractor a reasonable opportunity to provide the Contract 1925 Administrator documentation of the extraordinary circumstance that caused the 1926 overweight vehicles. Extraordinary circumstances in this particular case include, but 1927 may be limited to, heavy rains or high winds that caused excess Green Waste to be 1928 generated, rain to accumulate in open Collection Containers, or normal Collection routes 1929 to be delayed or shortened to extreme weather conditions. The Contract Administrator 1930 shall have authority to consider Contractor’s documentation and uphold and collect the 1931 assessed charge, to reduce the charge, or waive and dismiss the charge. The Contract 1932 Administrator shall also have the authority to waive charges in advance of an anticipated, 1933 or in response to and actual, emergency event.
1934 15.05 Registration; Inspection. All vehicles used by Contractor in providing 1935 Collection Services under this Agreement, except those vehicles used solely on 1936 Contractor’s premises, are to be registered with the California Department of Motor 1937 Vehicles. In addition, each such vehicle must be inspected by the California Highway 1938 Patrol in accordance with Applicable Law. Within two (2) Work Days of a request from 1939 the Contract Administrator, Contractor must provide City a copy of its vehicle ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
1940 maintenance log and any safety compliance report, including, but not limited to, any 1941 report issued under California Vehicle Code sections 34500 and following, as well as the 1942 biennial “BIT” inspections conducted by the California Highway Patrol. 1943 15.06 Safety Markings. All Collection equipment used by Contractor must have 1944 appropriate safety markings including, but not limited to, highway lighting, flashing and 1945 warning lights, clearance lights, and warning flags. All such safety markings must be in 1946 accordance with the requirements of the California Vehicle Code, as may be amended 1947 from time to time.
1948 15.07 Vehicle Signage and Painting. Collection Vehicles must be painted and 1949 numbered without repetition and must have Contractor's name, Contractor’s customer 1950 service telephone number, and the number of the vehicle painted in letters of contrasting 1951 color, at least four (4) inches high, on each side and the rear of each vehicle. Contractor 1952 must repaint all vehicles (including vehicles striping) during the term of this Agreement 1953 on a frequency as necessary to maintain a positive public image as reasonably 1954 determined by the Contract Administrator.
1955 15.08 Bin and Roll-off Signage, Painting, and Cleaning. All metal bins and Roll1956 Off Containers of any service type furnished by Contractor must be either painted or 1957 galvanized. All metal or plastic bins and Roll-Off Containers must display Contractor’s 1958 name, Contractor’s customer service telephone number, and the number of the Bin or 1959 Roll-off and must be kept in a clean and sanitary condition. Bins and Roll-Off Containers 1960 should be free of dents and graffiti and newly painted at the start of this Agreement and 1961 painted as needed to maintain an orderly appearance throughout the term of the 1962 Agreement. Bins and Roll-Off Containers may be subject to periodic, unscheduled 1963 inspections by City and determination as to sanitary condition will be made by City. Roll1964 off covers shall be provided upon request. 1965 15.09 Vehicle Certification. For each Collection Vehicle used in the performance 1966 of services under this Agreement, Contractor must obtain a certificate of compliance 1967 (smog check) issued pursuant to Part 5 of Division 26 of the California Health and Safety 1968 Code (Section 43000 and following) and regulations promulgated thereunder and/or a 1969 safety compliance report issued pursuant to Division 14.8 of the California Vehicle Code 1970 (Section 34500 and following) and the regulations promulgated thereunder, as 1971 applicable to the vehicle. Contractor must maintain copies of such certificates and 1972 reports and must make such certificates and reports available for inspection upon 1973 request by the Contract Administrator.
1974 Upon request, Contractor must submit to the Contract Administrator certification 1975 that each of the Contractor’s Collection Vehicles has passed the California Heavy Duty 1976 Vehicle Inspection. Thereafter, Contractor must cause each vehicle in Contractor’s 1977 Collection fleet to be tested annually in the California Heavy Duty Inspection Program ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
1978 and must, upon request, submit written verification to City within ten (10) Work Days of 1979 the completion of such test. Contractor may not use any vehicle that does not pass such 1980 inspection.
1981 15.10 Equipment Maintenance. Contractor must maintain Collection equipment 1982 in a clean condition and in good repair at all times. All parts and systems of the Collection 1983 equipment must operate properly and be maintained in a condition satisfactory to City. 1984 Contractor must wash all Collection Vehicles at least once a week, unless otherwise 1985 directed by the Contract Administrator.
1986 15.11 Maintenance Log. Contractor must maintain a maintenance log for all 1987 Collection Vehicles. The log must at all times be accessible to City by physical 1988 inspection upon request of Contract Administrator, and must show, at a minimum, each 1989 vehicle Contractor assigned identification number, date purchased or initial lease, dates 1990 of performance of routine maintenance, dates of performance of any additional 1991 maintenance, and description of additional maintenance performed. 1992 15.12 Equipment Inventory. On or before April 1, 2025, and annually thereafter as 1993 part of its Annual Report, Contractor shall provide to City an updated inventory of 1994 Collection Vehicles and major equipment used by Contractor for Collection or 1995 transportation and performance of services under this Agreement. The inventory must 1996 indicate each Collection Vehicle by Contractor assigned identification number, DMV 1997 license number, the age of the chassis and body, type of fuel used, the type and capacity 1998 of each vehicle, the number of vehicles by type, the date of acquisition, the decibel rating 1999 and the maintenance and rebuild status. Each inventory must also include the tare 2000 weight of each vehicle as determined by weighing at a certified scale used by Contractor. 2001 Each vehicle inventory must be accompanied by a certification signed by Contractor that 2002 all Collection Vehicles meet the requirements of this Agreement. 2003 15.13 Reserve Equipment. Contractor shall have available to it, at all times, 2004 reserve Collection equipment which can be put into service and operation within one (1) 2005 hour of any breakdown. Such reserve equipment must correspond in size and capacity 2006 to the equipment used by the Contractor to perform the contractual duties. 2007 15.14 Large Items. Vehicles used for Collection of Large Items shall not use 2008 compactor mechanisms or mechanical handling equipment that may release Freon or 2009 other gases from pressurized appliances.
2010 15.15 Collection Vehicle Noise Level. All Collection operations shall be conducted 2011 as quietly as possible and shall conform to applicable federal, state, county and City 2012 noise level regulations, including the requirement of Chapter 6.68 of the Rancho 2013 Cordova Municipal Code (noise ordinance). In the event of repeat occurrences of noise ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
2014 levels in excess of the limit specified in the City’s municipal code, Contractor shall pay 2015 Administrative Penalties in accordance with Article 23. 2016 ARTICLE 16. Contractor’s Office
2017 16.01 Contractor’s Office. The Contractor shall maintain a local office in 2018 Sacramento County where complaints can be received and which provides toll-free 2019 telephone access for Service Recipients living in the City of Rancho Cordova. Such 2020 office shall be equipped with sufficient telephones that all Collection Service and Street 2021 Sweeping Service related calls received during normal business hours are answered by 2022 an employee within five (5) rings, and shall have responsible persons in charge during 2023 Collection hours and shall be open during such normal business hours, 6:00 a.m. to 6:00 2024 p.m. on all Work Days and on those Saturdays when Collections Services are required 2025 as a result of the holiday Collection policy set forth in Section 9.03 of this Contract. The 2026 Contractor shall provide either a telephone answering service or mechanical device to 2027 receive Service Recipient inquiries during those times when the office is closed. Calls 2028 received after normal business hours shall be addressed the next Work Day morning. 2029 16.01.1 Emergency Contact. The Contractor shall provide the Contract 2030 Administrator with an emergency phone number where the Contractor can be reached 2031 outside of the required office hours.
2032 16.01.2 Multilingual/TDD Service. Contractor shall at all times maintain the 2033 capability of responding to telephone calls in English, Spanish and Russian. Contractor 2034 shall at all times maintain the capability or responding to telephone calls through 2035 Telecommunications Device for the Deaf (TDD) Services. 2036 16.01.3 Service Recipient Calls. During office hours, Contractor shall 2037 maintain a telephone answering system capable of accepting at least fifteen (15) 2038 incoming calls at one time. Contractor shall record all calls including any inquiries, 2039 service requests and complaints into a customer service log. 2040 16.01.4 All incoming calls will be answered within five (5) rings. Any call 2041 “on-hold” in excess of 1.5 minutes shall have the option to remain “on-hold” or to be 2042 switched to a message center where Service Recipient can leave a message. 2043 Contractor’s customer service representative shall return Service Recipient calls. For all 2044 messages left before 3:00 p.m., all “call backs” shall be attempted a minimum of one 2045 time prior to 5:00 p.m. on the day of the call. For messages left after 3:00 p.m., all “call 2046 backs” shall be attempted a minimum of one time prior to noon the next Work Day. 2047 Contractor shall make a minimum of three (3) attempts within twenty-four hours of the 2048 receipt of the call. If Contractor is unable to reach the Service Recipient on the next Work 2049 Day, the Contractor shall send a postcard to the Service Recipient on the second Work ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
2050 Day after the call was received, indicating that the Contractor has attempted to return 2051 the call.
2052 16.02 Call Center Performance Tracking.. Contractor will have a system in place 2053 to track monthly call center performance that will include, at a minimum, number of calls, 2054 abandoned rate, average speed of answer, average hold time, average handle time, and 2055 number of calls on hold for more than ten (10) minutes. 2056 Under no circumstances shall Contractor’s call center or other personnel direct any 2057 Service Recipient to contact the City. Doing so will subject the Contractor to 2058 Administrative Charges as provided for in Exhibit 9. 2059 ARTICLE 17. Street Sweeping Services
2060 17.01 Street Sweeping Service. Throughout the Term of the Contract, Contractor 2061 shall provide Street Sweeping Services as set forth in this Contract. If Contractor enters 2062 into a subcontract for Street Sweeping Services, pursuant to Section 36.02, Contractor 2063 shall require the subcontractor to comply with all standards and requirements set forth 2064 in this Contract for the provision of Street Sweeping Services. 2065 17.02 Compensation for Street Sweeping Services. Contractor shall collect the 2066 Street Sweeping Fee set forth in Exhibit 1 from Residential Service Units and that Street 2067 Sweeping Fee shall be full compensation for all Street Sweeping Services provided by 2068 the Contract.
2069 17.03 Manner of Service. Contractor shall provide a complete sweep of all Curb 2070 Miles on all Residential Streets and Commercial Streets located within the Service 2071 District. Within any Curb Mile, Contractor shall be responsible for sweeping all curbs 2072 including Median Islands, traffic calming islands and the corners from any cross street 2073 intersecting the subject street. Street Sweeping Services shall be performed in a manner 2074 such that all Sweep Waste is properly removed from all swept areas, including 2075 intersections, so that the street is in a clean condition. A clean condition is defined as 2076 the absence of Sweep Waste in the streets and gutters upon the completion of the 2077 sweeping operation in a manner that is consistent with industry standards and best 2078 management practices. To the extent needed to properly remove Sweep Waste, 2079 Contractor shall make multiple passes, or as necessary provide hand sweeping or 2080 vacuuming services.
2081 17.04 Traffic Laws. Contractor shall obey all laws governing the operation of the 2082 street sweepers on a public street, and shall perform its operations so that sweepers are 2083 traversing their routes in the normal direction of traffic. 2084 17.05 Parked Vehicles. In the event that Contractor’s operations are impeded by 2085 parked vehicles, Contractor shall bypass said parked vehicles. In such instances, the ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
2086 bypassed areas shall be considered as swept Curb Miles for purposes of calculating 2087 compensation.
2088 17.06 Call Backs. Whenever, in the sole opinion of the Contract Administrator, a 2089 section of street is inadequately swept such that all Sweep Waste has not been properly 2090 removed as required by Section 17.03, Contractor shall re-sweep the section in question 2091 within twenty-four (24) hours of receipt of verbal or written notification from the Contract 2092 Administrator.
2093 17.07 Water. Contractor shall obtain water services from the appropriate water 2094 utility companies for the water necessary in the street sweeping operation. The cost of 2095 the water shall be borne by Contractor. The proper volume and pressure shall be 2096 supplied by the sweeper at all times for adequate dust control during the sweeping 2097 operation. If reasonably available, City may direct Contractor to use reclaimed or 2098 recycled water due to increased availability of reclaimed water. 2099 17.08 Sweeper Speed. Contractor shall operate the sweepers at a speed of not 2100 more than six (6) to ten (10) miles per hour when sweeping or when the sweeper brooms 2101 are down. City will use industry standards, Environmental Protection Agency 2102 information, and the sweeper manufacturer's recommendation on the speed of 2103 sweepers when considering speeds greater than ten (10) miles per hour. 2104 17.09 Width of Sweeper Path. Contractor shall sweep a path, with all brooms 2105 down, with a width of not less than nine (9) feet unless parked vehicles, structures, or 2106 other objects prohibit the safe sweeping of this path width. The path shall begin at the 2107 face of the curb, and include the flow line of the gutter. Unless blocked by parked cars, 2108 or Containers, the face of the curb and gutter shall always be included within the 2109 sweeper path. On those streets with no curb, the width of the sweeper path shall be not 2110 less than nine (9) feet measured from the edge of the pavement toward the center of the 2111 street.
2112 17.10 Intersections. At all intersections, where debris has accumulated forming 2113 “invisible” islands, extra sweeper passes must be made to eliminate debris accumulation. 2114 17.11 Frequency and Day of Service. Contractor shall provide Street Sweeping 2115 Service for each Curb Mile in the Service District once every month to Residential 2116 Streets during the months of January through October, and twice every month during 2117 November and December. Contractor shall provide Street Sweeping Service for each 2118 Curb Mile in the Service District twice every month to Commercial Streets. However, in 2119 those instances where the scheduled Street Sweeping Service day falls on a holiday, 2120 Contractor shall adjust the route schedule as set forth in Section 9.03.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
2121 17.12 Hours and Days of Service. Contractor shall provide Street Sweeping 2122 Service on Residential Streets commencing no earlier than 6:00 a.m. and terminating 2123 no later than 4:00 p.m., Monday through Friday, with no service on Saturday or Sunday. 2124 Contractor shall provide Street Sweeping Service on Commercial Streets commencing 2125 no earlier than 10:00 p.m. and terminating no later than 6:00 a.m. The hours, days, or 2126 both of service may be extended or suspended due to extraordinary circumstances or 2127 conditions with the prior verbal consent of the Contract Administrator. 2128 17.13 Disposal of Sweep Waste. It shall be the responsibility of Contractor to 2129 transfer and dispose of Sweep Waste in a manner that complies with applicable local, 2130 state and federal laws, regulations and requirements. Contractor shall bear all costs 2131 associated with the hauling and disposal of Sweep Waste. 2132 17.14 Spillage. During hauling, all Sweep Waste shall be contained, covered or 2133 enclosed so that leaking, spilling and blowing of the Sweep Waste is prevented. 2134 Contractor shall be responsible for the immediate cleanup of any spillage caused by 2135 Contractor.
2136 17.15 Changes in Streets. Contract Administrator may require some streets to be 2137 temporarily removed from or added to the list of scheduled streets swept under this 2138 Agreement. Conditions which may cause the Contract Administrator to order a street or 2139 an area to be bypassed temporarily include the following:
2140 1. Construction or development on or along a street; 2141 2. Pavement maintenance activities;
2142 3. Inclement weather when running water is in the gutter or street such that 2143 sweeping is ineffective;
2144 4. Special sweeping on alternative schedule;
2145 5. Other legitimate reasons that make sweeping impractical as determined by 2146 the City Contract Administrator; and
2147 6. Special Events.
2148 In the event that the Contract Administrator notifies Contractor not to sweep on a 2149 temporary basis, the Contract Administrator shall notify Contractor of the temporary 2150 suspension of service at least one (1) Work Day prior to the scheduled sweep, except 2151 in the case when the reason for not performing service is due to inclement weather, the 2152 Contract Administrator may notify Contractor at any time. 2153 17.16 Obstructions. The equipment operator shall maintain a log showing the 2154 locations of roadways that cannot be adequately swept due to obstructions, including ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
2155 low hanging tree limbs or deserted vehicles parked on City streets. Contractor shall 2156 report these locations to the Contract Administrator within forty-eight (48) hours. 2157 17.17 Hazardous Materials. Contractor shall not be required to remove any 2158 Hazardous Materials from the street surface. Contractor shall immediately contact 2159 Contract Administrator if Hazardous Materials are encountered during the provision of 2160 Street Sweeping Services.
2161 17.18 Coordination with Other City Programs. This Agreement requires the 2162 Contractor to establish and maintain good working relationships with various work units 2163 in the City. The Contractor shall be responsible for cooperating and coordination with 2164 the following City programs: Residential Garbage, Recycling, and Organic Recyclable 2165 Material collection programs; road construction, paving and maintenance projects; and 2166 special City events, including parades, bicycle races, street fairs, etc. 2167 17.19 Street Sweeping Service Routes.
2168 17.19.1 Provision of Service Route Maps. No later than December 1, 2024, 2169 City shall provide Contractor with existing Street Sweeping Service District maps 2170 precisely defining the Sweeper Routes currently in use (Exhibit 2). The route maps shall 2171 include the days of the month sweeping shall occur on Residential Streets and 2172 Commercial Streets in the Service District. Contractor shall provide Street Sweeping 2173 Services in accordance with those maps unless a route change is first approved by City 2174 pursuant to Section 17.19.2, below.
2175 17.19.2 Route Service Changes. Contractor shall submit to the Contract 2176 Administrator, in writing, any proposed route change (including maps thereof) not less 2177 than sixty (60) calendar days prior to the proposed date of implementation. The Contract 2178 Administrator may provide written comments to Contractor on such proposed change 2179 no later than ten (10) Work Days after receipt of the proposal from Contractor, and 2180 Contractor shall revise the routes to reflect such comments and return them to the 2181 Contract Administrator within ten (10) Work Days of receipt of such comments, for City 2182 corroboration. Contractor shall not implement any route changes without the prior 2183 approval of the Contract Administrator.
2184 17.19.3 Additional Work. Should the City elect to extend the street 2185 sweeping program to include newly constructed streets after the Effective Date of the 2186 Agreement, Contractor will provide Street Sweeping Services for those streets. City shall 2187 provide Contractor notice of the addition of such streets and Contractor provide City with 2188 amended Street Sweeping routes incorporating the new streets into the Street Sweeping 2189 schedule for City’s review and approval
2190 17.20 Equipment Specifications.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
2191 17.20.1 General Provisions. All Street Sweeping Service equipment used 2192 by Contractor in the performance of services under this Agreement shall be the highest 2193 quality available. The vehicles shall be designed and operated so as to prevent materials 2194 from escaping from the vehicles.
2195 17.20.2 Vehicle Compliance. During the term of this Agreement, Contractor 2196 shall provide street sweeping vehicles in full compliance with local, state and federal 2197 requirements, including but not limited to, the California Air Resources Board Heavy 2198 Duty Engine Standards, the Federal EPA’s Highway Diesel Fuel Sulfur regulations; and 2199 any other applicable air pollution control laws.
2200 17.20.3 Street Sweeping Vehicles. Contractor shall maintain, at all times, 2201 sufficient street sweepers such that no sweeper is ever assigned to more than one (1) 2202 sweep route on any Work Day. All street sweepers shall be equipped with GPS 2203 technology that will provide an electronic accounting of the daily travel path of each 2204 Street Sweeper route. Contractor shall maintain electronic copies of all historical GPS 2205 generated route travel paths that Contractor shall be made available to the City upon 2206 request.
2207 17.20.4 Regenerative Air-Based Sweepers. Contractor shall use 2208 regenerative air-based sweepers that gather Sweep Waste into self-contained hoppers 2209 for eventual ejection at the disposal location. All sweepers shall have a dust suppression 2210 system in operation while conducting the work. Swept streets shall be clear of all dust, 2211 dirt, gravel, sand and all other debris from curb to curb in a manner that is consistent 2212 with best management practices and industry standards 2213 17.20.5 Dual Gutter Brooms. Sweeping vehicles must be equipped with 2214 dual gutter brooms no shorter than seven (7) inches, which shall be operating during all 2215 sweeping operations, and a main broom no shorter than eight (8) inches capable of 2216 sweeping at minimum a nine (9) foot path, or vacuum sweep if approved by the Contract 2217 Administrator.
2218 17.20.6 Condition of Equipment. Sweeping vehicles must not be more than 2219 five (5) years old at the time of execution of this Agreement, and no more than (7) years 2220 old at any point for the duration of the Agreement. Machines must be in excellent working 2221 condition capable of removing Sweep Waste throughout the term of this Agreement. The 2222 outside body of the machine must be free from dents and large scratches, and paint must 2223 be well maintained.
2224 17.20.7 Tire Scuffing. The use of a steel plate on the sweeper wheel to 2225 prevent tire scuffing against the curb will not be permitted. 2226 17.20.8 Safety Markings and Devices. Sweeping vehicles used by 2227 Contractor in the performance of this Agreement shall have appropriate safety markings, 2228 including but not limited to, highway lighting, flashing and warning lights, and clearance ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
2229 lights. All such safety markings and devices shall be in accordance with the requirements 2230 of the California Vehicle Code, as may be amended periodically. 2231 17.20.9 Communications Equipment. Contractor shall, prior to rendering 2232 any Street Sweeping Services, equip each sweeper with communications equipment in 2233 order to provide direct communication among the equipment operators, field supervisor, 2234 and Contract Administrator. This equipment shall be at the Contractor’s sole cost and 2235 expense and shall be functional at all times. Contractor shall be responsible for normal 2236 maintenance of all communications equipment during the term of the Agreement. 2237 17.20.10 Sound Control Requirements. The noise level from the 2238 Contractor’s operations, during hours of operation shall not exceed 86 decibels at a 2239 distance of 50 feet in all residential areas. Said noise level requirement shall apply to all 2240 equipment used to provide Street Sweeping Services under the terms of this Agreement. 2241 The use of loud sound signals shall be avoided in favor of light warnings, except those 2242 required by safety laws for the protection of personnel. 2243 17.20.11 Vehicle Signage and Painting. All Street Sweeping Service 2244 vehicles shall be painted and numbered consecutively without repetition and shall have 2245 Contractor’s name, telephone number, and the number of the vehicle painted in letters 2246 of contrasting color, at least four (4) inches high, on each side and on the rear of each 2247 vehicle. Contractor shall repaint all sweepers during the term of this Agreement on a 2248 frequency as necessary to maintain a positive public image as reasonably determined 2249 by the Contract Administrator.
2250 17.20.12 Vehicle Registration, Licensing and Inspection. All Street 2251 Sweeping vehicles used by Contractor in the performance of services under this 2252 Agreement shall be in compliance with all registration, licensing and inspection 2253 requirements of the California Highway Patrol, the California Department of Motor 2254 Vehicles, and any other applicable laws or regulations. Contractor shall maintain copies 2255 of all certificates and reports evidencing compliance, and shall make such certificates 2256 and reports available for inspection upon request by the Contract Administrator. 2257 Contractor shall not use any vehicle to perform Sweeping Services that is not in 2258 compliance with applicable registration, licensing and inspection requirements. 2259 17.20.13 Equipment Maintenance. Contractor shall maintain all Street 2260 Sweeping vehicles in a clean condition and in good repair at all times. All parts and 2261 systems of the collection equipment shall operate properly and be maintained in good 2262 working order. Contractor shall wash all Street Sweeping vehicles at least once per week 2263 using recycled water to the extent feasible. All washings shall be conducted in a manner 2264 that conforms to the BMP Guidelines for Non-Point Source Pollutants in the publication 2265 entitled Storm Water Best Management Practices Handbook for Industrial Commercial.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
2266 17.20.14 Maintenance Log. Contractor shall maintain a maintenance log 2267 for all Street Sweeping vehicles. The log shall at all times be accessible to City via 2268 computer, or by physical inspection upon the request of the Contract Administrator. The 2269 log shall show, at a minimum, for each vehicle the Contractor-assigned identification 2270 number, date purchased or initial lease, dates of performance of routine maintenance, 2271 dates of performance of any additional maintenance, and description of additional 2272 maintenance performed.
2273 17.20.15 Equipment Inventory. As part of its Annual Report Contractor 2274 shall provide to City a current l inventory of Street Sweeping vehicles to be used by 2275 Contractor for the provision of services under this Agreement in a manner consistent 2276 with the Contractor’s Proposal Exhibit 6. The inventory shall indicate each vehicle by 2277 Contractor assigned identification number, DMV license number, the age of the chassis 2278 and body, mileage, type of fuel used, manufacturer, the date of acquisition, and the 2279 maintenance and rebuild status. Contractor Each vehicle inventory shall be 2280 accompanied by a certification by Contractor that all vehicles meet the requirements of 2281 this Agreement.
2282 17.20.16 Reserve Equipment. Contractor shall have available to it at all 2283 times reserve Street Sweeping Service equipment which can be put into service and 2284 operation within one (1) hour of any breakdown. Such reserve equipment shall 2285 correspond in size and capacity to the equipment used by Contractor to perform 2286 Contractor’s duties under this Contract.
2287 17.21 Protection/Restoration of Public and Private Property. Contractor shall be 2288 responsible for protecting existing improvements, adjacent property, utility and other 2289 facilities, and trees and plants from injury or damage resulting from Contractor’s 2290 operations. Contractor shall repair or replace all existing improvements, which are 2291 damaged or removed as a result of sweeping operations. Trees, lawns, and shrubbery 2292 which are damaged or removed because of the Contractor’s operations shall be restored 2293 or replaced in nearly the original condition and location as reasonably possible. That 2294 portion of trees or shrubs extended into the street past the face of the curb is excluded. 2295 17.22 Accidents. Any and all accidents, damage to public or private property, or 2296 other noteworthy event, regardless of how minor, involving another person, private or 2297 public property or vehicle, shall be reported to the Contract Administrator immediately. 2298 17.23 Additional Street Sweeping Services.
2299 17.23.1 General Services. If during the term of this Agreement, 2300 circumstances exist which require work associated with the Street Sweeping Service 2301 program that are not specifically provided for in this Agreement, the Contract ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
2302 Administrator may require Contractor to perform such other associated work (“OAW”). 2303 Examples of OAW that Contractor may be required to perform include:
2304 1. Performance of special sweeps;
2305 2. Flood or storm clean-up;
2306 3. Street sanitation for parades and celebrations; 2307 4. Neighborhood clean-up activities; and
2308 5. Any contingency where sweeper and supporting sweeper 2309 equipment could assist in a particular instance.
2310 When the Contract Administrator authorizes the performance of OAW 2311 which requires Contractor to employ additional personnel, work existing personnel 2312 overtime hours, or hire additional equipment, City will pay Contractor for such services 2313 as set forth in Exhibit 1. All OAW shall be authorized by the Contract Administrator prior 2314 to its being performed.
2315 17.23.2 Call-Out Service. In the event of vehicle accidents, material spills 2316 or other emergency conditions where the City determines that street sweeping is 2317 required, Contractor shall provide such service within two (2) hours of the City’s request. 2318 17.24 Emergency Service Provisions - Route Variances. In the event of a flood, 2319 tornado, major storm, earthquake, fire, natural disaster, or other such event, the Contract 2320 Administrator may grant Contractor a variance from regular routes and schedules. As 2321 soon as practicable after such event, Contractor shall advise the Contract Administrator 2322 when it is anticipated that normal routes and schedules can be resumed. The City shall 2323 make an effort through the local news media to inform the public when regular services 2324 may be resumed.
2325 17.25 Reporting Requirements. Contractor shall submit Monthly Reports with all 2326 data as described in Exhibit 7 to the Contract Administrator no later than 30 days after 2327 the end of the prior month. Monthly Reports shall include a written certification from the 2328 Contractor’s General Manager that the Contractor has reviewed the daily GPS data 2329 provided for in Section 17.20.3 for all Street Sweeping routes and verified that all routes 2330 have been fully completed, as scheduled. If that is not the case, Contractor shall provide 2331 a list of any and all exceptions. The Monthly reports shall also include Sweep Waste 2332 tonnages collected.
2333 17.26 Street Sweeping Quality of Work. The standards of performance which 2334 Contractor is obligated to meet are those Street Sweeping practices which leave the 2335 serviced area in a debris and dirt free condition in a manner consistent with industry 2336 standards and best management practices.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
2337 17.27 Administrative Charges. In the event Contractor fails to perform the services 2338 as set forth in this Agreement, City may assess an administrative charge against 2339 Contractor in the amounts set forth in Article 23. 2340 ARTICLE 18. Other Services
2341 18.01 Public Outreach and Education Services. Contractor, at its own expense, 2342 shall prepare, submit and implement an annual (calendar year) Public Education and 2343 Outreach Program beyond the City’s Public Education and Outreach Program. 2344 Contractor will maintain, in its local staff, a Community Outreach Manager in order to 2345 achieve an effective public education and outreach program tailored to meet the needs 2346 of the City of Rancho Cordova. Public Outreach and Education Services will include, but 2347 not limited to, regular attendance at Area Association meetings, working with Schools 2348 Districts within the City, active participation in up to ten (10) City sponsored events, 2349 development of a dedicated web page on Contractor’s website, development of City2350 specific online content in collaboration with the City (online newsletters, websites, 2351 Facebook, Twitter and other media) and enhanced educational and outreach materials. 2352 Beginning September 30, 2024, and annually thereafter, the Contractor must provide a 2353 proposed Annual Public Education and Outreach Plan for the following Contract Year to the City for approval no later than October 30th 2354 for the following Contract Year. The 2355 Contractor’s initial Public Education and Outreach Plan is included in the Contractor’s 2356 Proposal in Exhibit 6. That Plan must include outreach and educational services that 2357 increase diversion and resident participation as approved by the Contract Administrator. 2358 Outreach and educational services should target certain Recyclable Materials or 2359 “problem” areas of the Contractor’s Service Area where improvements can be 2360 maximized. Targets of outreach shall be based on local trends and recycling patterns 2361 based on information obtained by both the Contract Administrator and Contractor staff. 2362 The program shall include a minimum of four (4) campaigns per calendar year, designed 2363 to increase diversion and resident participation. Contractor shall also provide three (3) 2364 community compost workshops per Contract Year, which shall be a service separate 2365 from the four campaigns required as part of the Public Outreach and Education Services 2366 Program as described herein. Contractor’s Contract Year budget for its Public Education 2367 and Outreach Program, including only the four (4) annual campaigns and other 2368 programs listed in the Public Education and Outreach Plan, shall be at least One 2369 Hundred and Forty-Five Thousand and Four Hundred and Ninety Dollars ($145,490) 2370 during calendar year 2025. The annual funding requirement for the Public Education and 2371 Outreach program will increase annually in accordance with the CPI Adjustment 2372 Calculation in Section 5.03. Beginning July 1, 2025, and annually thereafter, should 2373 Contractor fail to spend the minimum required budget amount specified above, it shall 2374 remit any such budget shortfall from the preceding Contract Year to the City no later than 2375 January 15th of the following Contract Year.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
2376 18.01.1 School Outreach Program. Contractor shall develop a School 2377 Outreach Program including classroom presentations on source reduction, recycling and 2378 composting concepts and strategies which shall be presented at schools located in the 2379 City. The School Outreach Program shall be provided at no additional cost to the City. 2380 Contractor shall provide the City with an outline of the proposed annual School Outreach 2381 Program within 30 days of the execution of the Contract. 2382 18.02 City Recycling Coordinator. Contractor shall provide for the equivalent of 2383 one full-time Recycling Coordinator dedicated to providing services to the City for the 2384 term of the Contract. Contractor may use a subcontractor to perform some or all of the 2385 duties normally assigned to the Recycling Coordinator. The services to be provided by 2386 the Recycling Coordinator shall include those agreed to by the Parties and shall be set 2387 forth in the Contractor’s annual Public Education and Outreach Plan and approved by 2388 the City. During the term of the Contract, Contractor shall provide City with a proposed 2389 work plan for the Recycling Coordinator for approval by the City. Alternatively, to 2390 Contractor providing a Recycling Coordinator, City may, in its sole discretion, determine 2391 to procure the services of a Recycling Coordinator independently. In that event, 2392 Contractor shall fund those services in the amount of $100,000 annually. If City decides 2393 to exercise the option to hire or contract for a Recycling Coordinator independently, it 2394 shall provide sixty days’ notice to Contractor of that decision. The annual funding 2395 requirement for the City Recycling Coordinator will increase annually in accordance with 2396 the CPI Adjustment Calculation in Section 5.03. In the event that the City exercises its 2397 option to procure the services of a Recycling Coordinator independently, the 2398 Contractor’s Recycling Coordinator payment shall be due to the City annually on April 1. 2399 Contractor shall thereafter reimburse City for the costs of those services in an 2400 amount not to exceed that set forth above. If the Contractor funds services, the 2401 Contractor will no longer be responsible for the classroom presentation portion of the 2402 School Outreach Program referenced in Section 18.01.1. 2403 18.03 Annual Collection Service Notice. Each year during the term of this Contract, 2404 the Contractor shall publish and distribute a notice to all Residential Service Units 2405 regarding the Residential Collection Service programs. The notice shall contain at a 2406 minimum: definitions of the materials to be Collected, procedures for setting out the 2407 materials, maps of the Service Area indicating the days when Residential Garbage 2408 Collection Service, Large Item Collection Service, Residential Used Oil Collection 2409 Service, Residential Recycling Collection Service, Organic Recyclable Material 2410 Collection Service, Sharps Collection Service, and HHW Collection Event will be 2411 provided, and the Contractor customer service phone number. The notice shall be 2412 provided in English, and other languages as directed by the City and shall be distributed 2413 by the Contractor no later than December 1, 2024 and annually thereafter.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
2414 18.04 Programs and Services. Contractor shall provide additional services and 2415 programs as requested by City at a price to be mutually agreed upon between the 2416 Contractor and the Contract Administrator. In the event the Contractor and the Contract 2417 Administrator cannot reach a mutually agreed upon price for the requested service or 2418 program, City shall have the right to procure the service of other vendors or contractors 2419 to provide the requested service.
2420 18.05 Recovered Organic Recyclable Material Product. Contractor shall offer and 2421 provide free compost for residential use at a location mutually agreed upon between 2422 Contractor and City. Contractor shall offer Rancho Cordova residents up to three (3) 2423 cubic yards of compost per Contract Year to be picked up by residents at a location or 2424 locations specified by the City. City and Contractor will reasonably cooperate in good 2425 faith to review availability and purchase of Recovered Organic Products, including 2426 Renewable Natural Gas, when available to fuel collection fleet in City. 2427 18.05.1 Deceased Wildlife. Contractor shall pick up and properly dispose 2428 of Deceased Wildlife found on or near City rights-of-way the same day of receipt of a 2429 service request from City if the service request is received by Contractor before 1:00 2430 pm. Service requests received by Contractor after 1:00 pm shall be picked up no later 2431 than 5:00 pm the following Work Day. Weight of Deceased Wildlife shall not exceed one 2432 hundred fifty (150) pounds per animal. Contractor will be responsible for picking up a 2433 maximum of three hundred fifty (350) Deceased Wildlife per year. 2434 18.06 News Media Relations. Contractor shall notify the Contract Administrator by 2435 fax, e-mail or phone of all requests for news media interviews related to the Collection 2436 Services program within twenty-four (24) hours of Contractor’s receipt of the request. 2437 Before responding to any inquiries involving controversial issues or any issues likely to 2438 affect participation or Service Recipient perception of services, Contractor will discuss 2439 Contractor’s proposed response with the Contract Administrator. 2440 18.07 Submittal of Drafts to City. Copies of draft news releases or proposed trade 2441 journal articles shall be submitted to City for prior review and approval at least five (5) 2442 Work Days in advance of release, except where Contractor is required by any law or 2443 regulation to submit materials to any regulatory agency in a shorter period of time, in 2444 which case Contractor shall submit such materials to City simultaneously with 2445 Contractor’s submittal to such regulatory agency.
2446 18.07.1 Copies of articles resulting from media interviews or news releases 2447 shall be provided to the City within five (5) Work Days after publication. 2448 18.08 Looking out for You Program. In collaboration with City, Contractor shall 2449 develop and implement a “Looking Out For You” program wherein Contractor will work 2450 with law enforcement and other City departments to create a comprehensive ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
2451 crime/emergency plan as well as utilize drivers to spot and report other areas of concern 2452 outside of Solid Waste Services such as street light outages, damaged signs, potholes 2453 and downed wires. Contractor shall make drivers available for an annual training by 2454 City’s Police Department during the term of the Contract. 2455 ARTICLE 19. Emergency Service Provisions
2456 19.01 Emergency Services. In the event of a tornado, major storm, earthquake, 2457 flooding, fire, natural disaster, or other such event, the Contract Administrator may grant 2458 the Contractor a variance from regular Collection routes and schedules. As soon as 2459 practicable after such event, the Contractor shall advise the Contract Administrator when 2460 it is anticipated that normal routes and schedules can be resumed. The Contract 2461 Administrator shall make an effort through the local news media to inform the public when 2462 regular Collection Services may be resumed. The clean-up from some events may 2463 require that the Contractor hire additional equipment, employ additional personnel, or 2464 work existing personnel on overtime hours to clean debris resulting from the event. The 2465 Contractor shall receive additional compensation, above the normal compensation 2466 contained in this Contract, to cover the costs of rental equipment, additional personnel, 2467 overtime hours and other documented expenses based on the rates set forth in Exhibit 2468 1 to this Contract provided the Contractor has first secured written authorization and 2469 approval from the City through the Contract Administrator. City will be given equal priority 2470 and access to resources as with other franchise jurisdictions held by contractor or its 2471 affiliates.
2472 19.02 Disaster Recovery Support. In the event of a tornado, major storm, 2473 earthquake, fire, natural disaster, or other such event, Contractor agrees to provide 2474 disaster recovery support upon request by Contract Administrator at a mutually agreed 2475 upon compensation. This may include additional hauling of debris, special handling such 2476 as wrapping waste in plastic (i. e. , “burrito wrapping”), temporary storage of debris where 2477 feasible, additional disposal, use of different transfer and disposal facilities, and 2478 documentation of debris type, weight, and diversion. Contractor should follow protocol 2479 laid out in the City’s Draft Disaster Debris Plan and any subsequent County or City 2480 Disaster Debris Plans, as applied to solid waste hauling and handling. 2481 ARTICLE 20. Record Keeping and Reporting Requirements 2482 20.01 Record Keeping. Notwithstanding Article 47 herein:
2483 20.01.1 Accounting Records. Contractor must maintain full, complete and 2484 separate financial, statistical and accounting records, pertaining to cash, billing, and 2485 provisions of all Collection Services, prepared on an accrual basis in accordance with 2486 generally accepted accounting principles. Such records will be subject to audit, copy, 2487 and inspection for the purposes set forth in Section 14.02. Gross receipts derived from ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
2488 provision of the Collection Services, whether such services are performed by Contractor 2489 or by a subcontractor or subcontractors, will be recorded as revenues in the accounts of 2490 Contractor. The Contractor shall keep and preserve, during the Term of this Agreement, 2491 and for a period of not less than four (4) years following expiration or other termination 2492 hereof, full, complete and accurate records, including all cash, billing and disposal 2493 records, as indicated in the Agreement.
2494 20.01.2 Agreement Materials Records. Contractor must maintain records 2495 of the quantities of (i) Solid Waste Collected and disposed under the terms of this 2496 Agreement, (ii) Recyclable Materials, by type, Collected, , and residue disposed under 2497 the terms of this Agreement, and (iii) Organic Recyclable Material Collected, and residue 2498 disposed under the terms of this Agreement.
2499 20.01.3 Other Records. Contractor must maintain all other records 2500 reasonably related to provision of Collection Services, whether or not specified in this 2501 Agreement.
2502 20.01.4 Report Format. All reports to be submitted in a format approved by 2503 the City.
2504 20.01.5 Implementation Record. Contractor shall maintain, in form and 2505 format satisfactory to the City, an Implementation Record meeting the requirements of 2506 the SB 1383 Regulations and CalRecycle for all relevant items related to the provision 2507 of services under this Contract. The City shall maintain ownership of the Implementation 2508 Record and the Contractor shall make the Implementation Record available to the City 2509 upon request.
2510 20.02 Quarterly Reporting.
2511 20.02.1 General. Quarterly reports must be submitted no later than 2512 5:00 p.m. PT on the last day of the month following the end of Quarter in which the 2513 receipts are collected and must be provided electronically using software acceptable to 2514 the City. If the last day of the month falls on a day that City is closed or a holiday, then 2515 the report will be due on the next business day. Failure to submit complete quarterly 2516 reporting by the due date will result in penalties as specified in Section 23.04. 2517 20.02.2 Report Contents. Quarterly reports shall include the 2518 following information in a concise pdf report format:
2519 20.02.2.1 Quarterly Payment Reporting. The payment report 2520 must include an accounting of Contractor’s Gross Revenues received during the 2521 preceding Quarter, and the calculated Franchise Fee.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
2522 20.02.2.2 Customer Services Comment Report. A year to date 2523 monthly accounting of (a) services provided, and (b) comments or call-ins with 2524 substantially the same content and format shown in Figure 1: 2022 Customer Service 2525 Comments Report of Exhibit 8. In addition to the presentation of this information in pdf 2526 format as part the larger quarterly report, the Contractor shall also provide the City with 2527 an Excel file with this information along with its quarterly report. 2528 20.02.2.3 Residential Disposal Report. A year to date monthly 2529 accounting of the information shown in in Figure 3: 2022 Residential Disposal Report of 2530 Exhibit 8. In addition to the presentation of this information in pdf format as part the 2531 larger quarterly report, the Contractor shall also provide the City with an Excel file with 2532 this information along with its quarterly report.
2533 20.02.2.4 Overweight Vehicle Reporting. A summary total of all 2534 instances of overweight Collection Vehicles, and an individual accounting of each such 2535 load with the amount the vehicle was overweight clearly identified. This summary must 2536 include the number of overweight vehicle instances expressed as a percentage of the 2537 total number of Collection Vehicle loads transported during the reported quarter. 2538 20.02.2.5 Non-Collection. The quarterly report must include a 2539 listing of each Service Unit receiving a Non-Collection Notice in the previous quarter 2540 along with a description for the Non-Collection Notice. 2541 20.02.2.6 Collection Overage Charges and Contamination 2542 Charges. A listing of each Service Unit incurring a charge for a Solid Waste Overage in 2543 the previous quarter and each Service Unity incurring a Contamination Charge. 2544 20.02.2.7 Contamination Reporting. To the extent required by 2545 Applicable Law, the quarterly report must include a summary of all instances of qualifying 2546 contamination under the procedures in Section 9.09. This summary must include the 2547 total number of accounts where contamination occurred, the total number of 2548 Contamination Violation Notices issued by Contractor to Service Recipients, a list of 2549 accounts where such notices occurred, and the total number of instances where 2550 Collection Container size or Collection frequency was increased specifically due to 2551 contamination. Within twenty (20) Work Days of request by City, Contractor will provide 2552 copies of the Contamination Violation Notices and the digital documentation of 2553 contamination.
2554 20.02.8 Route Reviews. A summary accounting of all Route 2555 Reviews conducted during the quarter, along with year to date totals.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
2556 20.02.9 Customer Service Log. A copy of the customer 2557 service log, including a summary of the type and number of complaints and their 2558 resolution.
2559 20.02.10 Public Education and Outreach Plan Status. An 2560 accounting of (a) the status of public education and outreach efforts listed in the annual 2561 Public Education and Outreach Plan, and (b) Public Education and Outreach Program 2562 expenses to date.
2563 20.02.11 Other Information. Contractor shall include an 2564 accounting of its performance relative to the performance standards for following items, 2565 and identify all instances that exceed the established performance standard listed in 2566 Exhibit 9:
2567 1. Provision of Carts to new Service Units
2568 2. Provision of additional Containers
2569 3. Replacement of Containers
2570 4. Exchange of Containers
2571 5. Collection of Large Items
2572 6. Responding to messages
2573 7. Callers on hold for more than 10 minutes
2574 8. Responding to complaints
2575 9. Resolution of complaints
2576 10. Failure to collect missed collections
2577 20.03 Annual Reporting.
2578 20.03.1 General. An annual report must be submitted no later than 2579 forty-five (45) days after the end of the previous Calendar Year. If that date falls on a 2580 day that City is closed, then the report will be due on the next business day. Annual 2581 reports must be submitted electronically in software acceptable to the City. Failure to 2582 submit complete annual reporting by the due date will result in penalties as specified in 2583 Section 23.04. Annual reports to City must include:
2584 20.03.1.1 Collection Vehicle Inventory. An updated complete 2585 inventory of Collection Containers by type and size, and an updated complete inventory 2586 of Collection Vehicles including for each vehicle: truck number, route number, date 2587 purchased, vehicle type, tare weight, license plate number, fuel type and vehicle make 2588 and model.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
2589 20.03.1.2 Other Information. The following information shall 2590 also be included in the annual reports:
2591 [To be determined by the City]
2592 20.04 Reporting for Enforcement and CalRecycle. Contractor shall report or 2593 otherwise provide access to information on all activities as required by CalRecycle in 2594 advance of the City’s reports to CalRecycle on August 1. 2595 A. For public education. Provide the following information:
2596 1. Copies of all such information (including flyers, brochures, 2597 newsletters, invoice messaging, website and social media postings, emails, and other 2598 electronic messages).
2599 2. The date the information was disseminated or the direct 2600 contact made. For website and social media postings, this shall be the date posted. 2601 3. To whom the information was disseminated or the direct 2602 contact made. For mass distributions such as mailings or bill inserts, Contractor may 2603 provide the type and number of accounts receiving the information, rather than listing 2604 each recipient individually.
2605 B. For Route Reviews. Provide the following information:
2606 1. The date the review was conducted.
2607 2. The name and title of each person conducting the review. 2608 3. A list of the addresses covered by the review.
2609 4. A description of each Hauler Route reviewed, including 2610 Contractor’s route number and a description of the Hauler Route area. 2611 5. The results of such review (i. e. the addresses where any 2612 Prohibited Container Contaminants were found), and any photographs taken. 2613 7. Copies of any educational materials issued pursuant to such 2614 reviews.
2615 C. Prohibited Container Contaminants. Provide the following 2616 documentation relating to observed Prohibited Container Contaminants, whether 2617 observed during Route Reviews or otherwise:
2618 1. Copies of the form of each notice issued to customers for 2619 Prohibited Container Contaminants, as well as, for each such form, a list of the 2620 customers to which such notice was issued, the date of issuance, the customer’s name 2621 and service address, and the reason for issuance (if the form is used for multiple 2622 reasons).
2623 2. The number of times notices were issued to customers for 2624 Prohibited Container Contaminants.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
2625 3. The number of Containers where the contents were 2626 disposed due to observation of Prohibited Container Contaminants. 2627 4. A description of Contractor’s process for determining the 2628 level of Container contamination under the Agreement. 2629 20.05 CalRecycle Reports. Contractor will provide reasonable assistance to City 2630 in preparing annual reports to CalRecycle (the “Electronic Annual Report” or EAR, and 2631 Form 303), including but not limited to supplying required data for preparation of the 2632 reports, and completing all required data input in the CalRecycle website. 2633 20.05.1 In the event that CalRecycle requires City to report an 2634 Implementation Schedule to comply with Applicable Laws, Contractor will provide 2635 assistance to City in preparing a report, including Contractor’s policies and procedures 2636 related to compliance with Applicable Laws and how Recyclable Materials or Organic 2637 Recyclable Material are collected, a description of the geographic area, routes, list of 2638 addresses served and a method for tracking contamination, copies of route audits, 2639 copies of notice of contamination, copies of notices, violations, education and 2640 enforcement actions issued, and copies of educational materials, flyers, brochures, 2641 newsletters, website, and social media.
2642 20.06 Additional Reporting. Contractor must furnish City with any additional 2643 information or reports as may reasonably be required, such reports to be prepared within 2644 a reasonable time following the reporting period. City may also require Contractor to 2645 make changes to the content and/or format of existing reports. 2646 ARTICLE 21. Nondiscrimination
2647 21.01 Nondiscrimination. In the performance of all work and services under this 2648 Contract, Contractor shall not discriminate against any person on the basis of such 2649 person’s race, sex, color, national origin, religion, marital status or sexual orientation. 2650 Contractor shall comply with all applicable local, state and federal laws and regulations 2651 regarding nondiscrimination, including those prohibiting discrimination in employment. 2652 ARTICLE 22. Service Inquiries and Complaints
2653 22.01 Contractor’s Customer Service. All service inquiries and complaints shall be 2654 directed to the Contractor. A representative of the Contractor shall be available to receive 2655 the complaints during normal business hours. All service complaints will be handled by 2656 the Contractor in a prompt and efficient manner. In the case of a dispute between the 2657 Contractor and a Service Recipient, the matter will be reviewed, and a decision made 2658 by the Contract Administrator.
2659 22.01.1 The Contractor will utilize the customer service log to maintain a 2660 record of all inquiries and complaints in a manner prescribed by the City.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
2661 22.01.2 For those complaints related to missed Collections that are 2662 received by 3:00 p.m. on a Workday, the Contractor will return to the Service Unit 2663 address and Collect the missed materials before leaving the Service Area for the day. 2664 For those complaints related to missed Collections that are received after 3:00 p.m. on 2665 a Workday, the Contractor shall have until the end of the following Work Day to resolve 2666 the complaint. For those complaints related to repair or replacement of a Container, the 2667 appropriate sections of this Contract shall apply. 2668 22.01.3 Contractor agrees that it is in the best interest of the City that all 2669 Residential Waste, City Waste and Recyclable Materials be Collected on the scheduled 2670 Collection day. Accordingly, missed Collections will normally be Collected as set forth 2671 above regardless of the reason that the Collection was missed. However, in the event a 2672 Service Recipient requests missed Collection Service more than two (2) times in any 2673 consecutive two (2) month period, the Contract Administrator will work with the 2674 Contractor to determine an appropriate resolution to that situation. In the event the 2675 Contractor believes any complaint to be without merit, Contractor shall notify the 2676 Contract Administrator, either by Fax or e-mail. The Contract Administrator will 2677 investigate all disputed complaints and render a decision. 2678 ARTICLE 23. Quality of Performance of Contractor
2679 23.01 Intent. Contractor acknowledges and agrees that one of City’s primary goals 2680 in entering into this Contract is to ensure that the Collection Services and Street 2681 Sweeping Service are of the highest caliber, that Service Recipient satisfaction remains 2682 at the highest level, that maximum diversion levels are achieved, and that materials 2683 Collected are put to the highest and best use to the extent possible. 2684 23.02 Service Supervisor. Contractor shall assign a full-time qualified supervisor 2685 to be in charge of the Collection Service and Street Sweeping Service within the Service 2686 Area and shall provide the name(s) of that person in writing to the Contract Administrator 2687 within thirty (30) days of the execution of this Contract, and annually by April 1 of each 2688 subsequent Contract Year of the term of this Contract, and any other time the person in 2689 that position changes. The supervisor shall be physically located in the Service Area and 2690 available to the Contract Administrator through the use of telecommunication equipment 2691 at all times that Contractor is providing Collection Services in the Service Area. In the 2692 event the supervisor is unavailable due to illness or vacation, Contractor shall designate 2693 an acceptable substitute who shall be available and who has the authority to act in the 2694 same capacity as the supervisor.
2695 23.03 Contract Manager. Contractor shall designate a Contract Manager and shall 2696 provide the name of that person in writing to the City within thirty (30) days of the 2697 execution of this Contract and annually by April 1 of each subsequent Contract Year of 2698 this Contract and any other time the person in that position changes. The Contract ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
2699 Manager shall be available to the City through the use of telecommunications equipment 2700 at all times that Contractor is providing Collection Services in the Service Area. The 2701 Contract Manager shall provide the City with an emergency phone number where the 2702 Contract Administrator can be reached outside of normal business hours. 2703 23.04 Administrative Charges. It shall be the duty of Contractor to perform services 2704 under this Contract in such a manner as to implement the goals set forth in Section 23.01 2705 above. In the event Contractor fails to perform the services set forth in this Contract, the 2706 City may assess administrative charges against the Contractor. Prior to assessing 2707 Administrative Charges, the City shall give Contractor written notice of its intention to do 2708 so, as set forth below. The notice shall include a brief description of the incident(s)/non2709 performance giving rise to the damages. City may assess Administrative Charges for 2710 each day or incident for ongoing non-performance after the City has provided the 2711 Contractor with written notice. City may assess an administrative charge against 2712 Contractor in the amounts shown in Exhibit 9.
2713 23.04.1 Procedure for Review of Administrative Charges. The Contract 2714 Administrator may assess administrative charges pursuant to this Article 23, as 2715 applicable, on a monthly basis. In such cases, the Contract Administrator shall issue a 2716 written notice to Contractor (“Notice of Intention to Assess Administrative Charge”) of 2717 the administrative charges assessed and the basis for each assessment. 2718 23.04.2 The assessment shall become final unless, within ten (10) 2719 calendar days of the date of the notice of assessment, Contractor provides a written 2720 request for a meeting with the City Manager to present evidence that the assessment 2721 should not be made.
2722 23.04.3 The Contract Administrator shall schedule a meeting between 2723 Contractor and the City Manager, or the City Manager’s designee, as soon as 2724 reasonably possible after timely receipt of Contractor’s request. 2725 23.04.4 The City Manager, or the City Manager’s designee, shall review 2726 Contractor’s evidence and render a decision sustaining or reversing the administrative 2727 charges as soon as reasonably possible after the meeting. Written notice of the decision 2728 shall be provided to Contractor.
2729 23.04.5 In the event Contractor does not submit a written request for a 2730 meeting within ten (10) calendar days of the date of the Notice of Assessment, the 2731 Contract Administrator’s determination shall be final and the administrative charges shall 2732 be due within thirty (30) calendar days of the date of the Notice of Assessment. 2733 23.04.6 City’s assessment or collection of administrative charges shall not 2734 prevent City from exercising any other right or remedy, including the right to terminate 2735 this Contract, for Contractor’s failure to perform the work and services in the manner set ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
2736 forth in this Contract.
2737 23.05 Alternative Process – Notice of Non-Compliance. 2738 23.05.1 Notice of Non-Compliance. In the event the City identifies a term 2739 or condition of the franchise agreement that it believes the Contractor is not, or has not 2740 complied with, it may issue a written Notice to the Contractor of its findings (“Notice”). 2741 That Notice shall specify the specific section or sections of the franchise agreement that 2742 the City believes the Contractor is not in compliance with and the basis for its 2743 determination of non-compliance. The Notice shall also set a reasonable time within 2744 which correction of such event of non-compliance shall be made. Unless a longer or 2745 shorter time is otherwise specified by the City Manager or his/her designee, a 2746 reasonable time for correction shall be forty-five (45) days from the date such written 2747 notice is given.
2748 Within five (5) business days of receipt of the City’s Notice, Contractor may 2749 provide a written request for a meeting with the City Manager or his/her designee, to 2750 present evidence that it is in fact in compliance, present evidence of extenuating 2751 circumstances, or otherwise discuss the Notice. If the Contractor requests a meeting 2752 with the City Manager, it shall have forty-five (45) days from the date of such meeting to 2753 correct the event of non-compliance, unless otherwise agreed to by the City Manager or 2754 his/her designee.
2755 23.05.2 Failure to Cure. If Contractor fails to correct, to the reasonable 2756 satisfaction of the City Manager or his/her designee, all deficiencies contained in the 2757 written Notice thereof within the specified time, or if it is not reasonably possible to 2758 correct such deficiencies within the specified time, and Contractor fails to commence to 2759 correct or remedy such deficiencies within the specified time and diligently effect such 2760 correction or remedy thereafter, then the City Manager may assess Administrative 2761 Charges of up to one-hundred dollars and no cents ($100.00) per incident or event per 2762 day. In the event that the identified area of non-compliance is a past event that cannot 2763 be cured, any such similar future event identified by the City shall be subject to 2764 Administrative Charges of up to one hundred dollars and no cents ($100.00) per incident 2765 or event per day, at the City Manager’s discretion. 2766 ARTICLE 24. Performance Bond
2767 24.01 Performance Bond. Within ten (10) calendar days from the date the City 2768 Council approves this Contract, the Contractor shall furnish to the City, and keep current 2769 during the term of this Contact, a performance bond in a form as set forth in Exhibit 5 2770 which is included in and attached to this Contract, for the faithful performance of this 2771 Contract and all obligations arising hereunder in an amount of One Million Dollars 2772 ($1,000,000)). Such amount shall be subject to the provisions of Section 24.01.1 below.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
2773 24.01.1 The performance bond shall be executed by a surety company 2774 licensed to do business in the State of California; having an "A-" or better rating by A. 2775 M. Best or Standard and Poor’s; and included on the list of surety companies approved 2776 by the Treasurer of the United States. On January 1, 2019, and annually thereafter, 2777 Contractor may request in writing that the City allow the performance bond to be 2778 reduced. The City shall, at the sole option of the City, respond to the request in writing 2779 within forty-five (45) calendar days of receipt of the written request. Nothing in this 2780 Contract shall require that the City approve the request of the Contractor nor shall the 2781 City have any obligation to provide Contractor with its reasoning for approving or denying 2782 the request.
2783 24.02 Letter of Credit. As an alternative to the performance bond required by 2784 Section 24.01, at City’s option, Contractor may deposit with City an irrevocable letter of 2785 credit in an amount as set forth in Section 24.01. If allowed, the letter of credit must be 2786 issued by an FDIC insured banking institution chartered to business in the state of 2787 California, in the City’s name, be callable at the discretion of the City and be in a form 2788 acceptable to the City Attorney. Nothing in this Section shall, in any way, obligate the 2789 City to accept a letter of credit in lieu of the performance bond. 2790 ARTICLE 25. Insurance
2791 25.01 Insurance Policies. Contractor shall secure and maintain throughout the 2792 term of this Contract insurance against claims for injuries to persons or damages to 2793 property which may arise from or in connection with Contractor’s performance of work 2794 or services under this Contract. Contractor’s performance of work or services shall 2795 include performance by Contractor’s employees, agents, representatives and 2796 subcontractors.
2797 25.01.1 Minimum Scope of Insurance. Insurance coverage shall be at least 2798 this broad:
2799 25.01.1.1 Insurance Services Office Form No. GL 0002 (Ed. 1/96) 2800 covering Comprehensive General Liability and Insurance Services Office Form No. GL 2801 0404 covering Broad Form Comprehensive General Liability; or Insurance Services 2802 Office Commercial General Liability coverage (“occurrence” form CG 0001), including X, 2803 C, U where applicable.
2804 25.01.1.2 Insurance Services Office Form No. CA 0001 (Ed. 10/13) 2805 covering Automobile Liability, code 1 “any auto”, or code 2 “owned autos” and 2806 endorsement CA 0025. Coverage shall also include code 8, “hired autos” and code 9 2807 “non-owned autos”.
2808 25.01.1.3 Workers’ Compensation insurance as required by the 2809 California Labor Code and Employers Liability Insurance.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
2810 25.01.1.4 Pollution Liability Insurance.
2811 25.02 Minimum Limits of Insurance. Contractor shall maintain insurance limits no 2812 less than:
2813 25.02.1 Commercial General Liability: $5,000,000 combined single limit 2814 per occurrence for bodily injury, personal injury and property damage. If Commercial 2815 General Liability insurance with a general aggregate limit is used, either the general 2816 aggregate limit shall apply separately to this Contract or the general aggregate limit shall 2817 be $10,000,000.
2818 25.02.2 Automobile Liability: $5,000,000 combined single limit per 2819 accident for bodily injury and property damage.
2820 25.02.3 Workers’ Compensation and Employers Liability: Workers’ 2821 Compensation limits as required by the California Labor Code and Employers Liability 2822 limits of $3,000,000 per accident.
2823 25.02.4 Pollution Liability: $10,000,000 per occurrence. 2824 25.03 Deductibles and Self-Insured Retention. Any deductibles or self-insured 2825 retention must be declared to, and approved by, City. At the option of City, either; the 2826 insurer shall reduce or eliminate such deductibles or self-insured retention as respects 2827 City, its officers, employees, agents, contractors and volunteers; or Contractor shall 2828 procure a bond guaranteeing payment of losses and related investigations, claim 2829 administration and defense expenses in an amount specified by City’s Risk Manager. 2830 25.04 Endorsements. The policies are to contain, or be endorsed to contain, the 2831 following provisions:
2832 25.04.1 General Liability and Automobile Liability Coverage. 2833 25.04.1.1 The endorsement must name the City, its officers, 2834 employees, agents, contractors and volunteers as additional insureds as respects:
2835 liability arising out of activities performed by, or on behalf of, Contractor; products and 2836 completed operations of Contractor; premises owned, leased or used by Contractor; and 2837 automobiles owned, leased, hired or borrowed by Contractor. The coverage shall 2838 contain no special limitations on the scope of protection afforded to City, its officers, 2839 employees, agents, contractors and volunteers.
2840 25.04.1.2 The endorsement must state that Contractor’s insurance 2841 coverage shall be primary insurance as respects City, its officers, employees, agents, 2842 contractors and volunteers. Any insurance or self-insurance maintained by City, its 2843 officers, employees, agents or contractors shall be in excess of Contractor’s insurance 2844 and shall not contribute with it.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
2845 25.04.1.3 Any failure to comply with reporting provisions of the 2846 policies shall not affect coverage provided to City, officers, employees, agents, 2847 contractors and volunteers.
2848 25.04.1.4 Coverage shall state that Contractor’s insurance shall 2849 apply separately to each insured against whom claim is made or suit is brought, except 2850 with respect to the limits of the insurer’s liability. 2851 25.04.1.5 The Automobile Liability policy shall be endorsed to 2852 delete the Pollution and/or the Asbestos exclusion, if applicable, and add the Motor 2853 Carrier Act endorsement (MCS-90) TL 1005, TL1007.
2854 25.04.2 All Coverage. Each insurance policy required by this Contract 2855 (other than workers’ compensation) shall be endorsed to state that coverage shall not 2856 be canceled, or materially changed or reduced in limits except after thirty (30) calendar 2857 days prior written notice has been given to City.
2858 25.05 Acceptability of Insurers. Insurance is to be placed with insurers rate A-VIII 2859 (or higher) by A.M. Best.
2860 25.06 Verification of Coverage. Contractor shall furnish City with certificates of 2861 insurance and with original endorsements affecting coverage required by this Contract. 2862 The certificates and endorsement for each insurance policy are to be signed by a person 2863 authorized by that insurer to bind coverage on its behalf. Contractor shall furnish City 2864 with a new certificate of insurance and endorsements on each renewal of coverage or 2865 change of insurers.
2866 25.07 Proof of Insurance. Proof of insurance shall be mailed as set forth in Article 2867 43.
2868 25.08 Subcontractors. Contractor shall include all subcontractors as insureds 2869 under its policies or shall obtain separate certificates and endorsements for each 2870 subcontractor.
2871 25.09 Modification of Insurance Requirements. The insurance requirements 2872 provided in this Contract may be modified or waived by City, in writing, upon the request 2873 of Contractor if the City determines such modification or waiver is in the best interest of 2874 City considering all relevant factors, including exposure to City. 2875 25.10 Rights of Subrogation. All required insurance policies shall preclude any 2876 underwriter's rights of recovery or subrogation against City with the express intention of 2877 the parties being that the required insurance coverage protects both parties as the 2878 primary coverage for any and all losses covered by the above-described insurance. 2879 Contractor shall ensure that any companies issuing insurance to cover the requirements 2880 contained in this Contract agree that they shall have no recourse against City for 2881 payment or assessments in any form on any policy of insurance. The clauses ‘Other ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
2882 Insurance Provisions’ and ‘Insured Duties in the Event of an Occurrence, Claim or Suit’ 2883 as it appears in any policy of insurance in which City is named as an additional insured 2884 shall not apply to City.
2885 ARTICLE 26. Indemnification
2886 26.01 Indemnification. Contractor shall indemnify and hold harmless City, City’s 2887 contractors, and the public officials, officers, directors, employees, agents, volunteers 2888 and other contractors of each of them (collectively, “Idemnitees”), from and against any 2889 and all claims, costs, the cost of remediation and cost-recoveries pursuant to CERCLA, 2890 losses and damages (including but not limited to all fees and charges of engineers, 2891 architects, attorneys and other professionals as well as all Court or other dispute 2892 resolution costs), liabilities, expenditures or causes of action of any kind (including 2893 negligent, reckless, willful or intentional acts or omissions of the Contractor, any 2894 subcontractor, any supplier, any person or organization directly or indirectly employed 2895 by any of them to perform or furnish any services or anyone for whose acts any of them 2896 may be liable), arising from, relative to or caused by the performance of the services. 2897 This indemnity includes but is not limited to claims attributable to bodily injury, sickness, 2898 disease or death and to injury or destruction of tangible property. Contractor agrees, at 2899 Contractor’s expense, after written notice from the City, to defend any action against the 2900 City that falls within the scope of this indemnity, or the City, at the City’s option, may elect 2901 not to tender such defense and may elect instead to secure its own attorneys to defend 2902 any such action and the reasonable costs and expenses of such attorneys incurred in 2903 defending such action shall be payable by Contractor. Additionally, if Contractor, after 2904 receipt of written notice from the City, fails to make any payment due under this Contract 2905 to the City, Contractor shall pay any reasonable attorneys’ fees or costs incurred by the 2906 City in securing any such payment from Contractor. Payment of any amount due 2907 pursuant to the foregoing indemnity shall, after receipt of written notice by Contractor 2908 from the City that such amount is due, be made by Contractor prior to the City being 2909 required to pay same, or in the alternative, the City, at the City’s option, may make 2910 payment of an amount so due and Contractor shall promptly reimburse the City for same, 2911 together with interest thereon at the rate of twelve percent (12%) per annum simple 2912 interest from the date of receipt by Contractor of written notice from the City that such 2913 payment is due.
2914 26.02 Hazardous Materials Indemnification. Contractor shall indemnify, defend 2915 with counsel selected by City, protect and hold harmless the City, City’s contractors, and 2916 the public officials, officers, directors, employees, agents, volunteers and other 2917 contractors of each of them (collectively, “Idemnitees”) from and against all claims, 2918 damages (including but not limited to special, consequential, natural resources and 2919 punitive damages), injuries, costs, (including without limit any and all response, 2920 remediation, removal, closure, and post-closure costs), losses, demands, debts, liens, ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
2921 liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, 2922 charges, penalties, and expenses (including without limit attorneys and expert witness 2923 fees and costs incurred in connection with defending against any of the foregoing or in 2924 enforcing this indemnity providing the enforcement action is successful in establishing 2925 indemnification), (Collectively, “damages”) of any kind whatsoever paid, incurred or 2926 suffered by, or asserted against, indemnitees arising from or attributable to the acts of 2927 omission of Contractor, its officers, directors, employees, companies or agents, whether 2928 or not negligent or otherwise culpable, in connection with or related to the performance 2929 of this contract, including without limit damages arising from or attributable to any 2930 operations, repair, clean-up or detoxification, response or removal action, or preparation 2931 and implementation of any removal, remedial, response, closure, post-closure or other 2932 plan (regardless of whether undertaken due to governmental action) concerning any 2933 Hazardous Materials and/or Household Hazardous Waste (Collectively, “Waste”) at any 2934 places where Contractor Transfers, Transports, Processes, stores or Disposes of City 2935 Solid Waste, or other waste Collected under this contract, irrespective of whether the 2936 concentrations of any Waste are material, whether the concentrations exceed state or 2937 federal maximum contaminant or action levels, or whether any government agency has 2938 issued a clean-up order This indemnity afforded indemnitees, shall only be limited to 2939 exclude coverage for intentional wrongful acts and active negligence of indemnitees. 2940 Contractor at its own expense, agrees to defend, with counsel of the City’s choosing, 2941 any claims for Damages asserted against City that would, in whole or in part, be covered 2942 by the indemnity obligations irrespective of whether such claims have merit. Contractor’s 2943 obligation under this indemnification provision will survive any termination of this 2944 Agreement. The foregoing indemnity is intended to operate as an agreement pursuant 2945 to §107(e) of the Comprehensive Environmental Response, Compensation and Liability 2946 Act. CERCLA, 42 USC. §9607(e) and California Health and Safety Code §25364, to 2947 defend, protect, hold harmless, and indemnify City from liability. This provision is in 2948 addition to all other provisions in this contract and is intended to survive the end of the 2949 term of this contract. Nothing in this paragraph shall prevent the Contractor from seeking 2950 indemnification or contribution from persons or entities other than indemnitees, for any 2951 liabilities incurred by the Contractor, or the indemnitees. As appropriate, the parent 2952 company should provide the guarantees necessary to meet this provision. 2953 26.03 Indemnification for Failure to Meet AB 939 Goals. Contractor agrees to 2954 protect and defend City with counsel selected by Contractor and approved by City, to 2955 pay all attorneys’ fees, and to indemnify and hold City harmless from and against all 2956 fines or penalties imposed by the CalRecycle if the diversion goals specified in California 2957 Public Resources Code Section 41780 as of the date hereof and hereafter throughout 2958 are not met by the City with respect to the Materials Collected by Contractor and if the 2959 lack in meeting such goals are attributable to the failure of the Contractor to implement ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
2960 and operate the recycling or diversion programs or undertake the related activities 2961 required by this Contract.
2962 26.04 Consideration. It is specifically understood and agreed that the 2963 consideration inuring to the Contractor for the execution of this Contract consists of the 2964 promises, payments, covenants, rights and responsibilities contained in this Contract. 2965 26.05 Obligation. The execution of this Contract by the Contractor shall obligate 2966 the Contractor to comply with the foregoing indemnification provision; however, the 2967 collateral obligation of providing insurance must also be complied with as set forth in 2968 Article 25 above.
2969 26.06 Subcontractors. The Contractor shall require all subcontractors to enter into 2970 a contract containing the provisions set forth in the preceding subsection in which the 2971 subcontractor fully indemnifies the City in accordance with this Contract. 2972 26.07 Exception. Notwithstanding Sections 26. 01, 26. 02 and 26. 03, 2973 Contractor’s obligation to indemnify, hold harmless and defend City, its of4icers and 2974 employees shall not extend to any loss, liability, penalty, damage, action or suit resulting 2975 from the sole negligence or willful misconduct of the City its officers or employees. 2976 26.08 Damage by Contractor. If Contractor’s employees or subcontractors cause 2977 any injury, damage, or loss to City property, including but not limited to City streets or 2978 curbs, Contractor shall reimburse City for City’s cost of repairing such injury, damage or 2979 loss. Such reimbursement is not in derogation of any right of City to be indemnified by 2980 Contractor for any such injury, damage, or loss. With the prior written approval of City, 2981 Contractor may repair the damage at Contractor’s sole cost and expense. 2982 26.09 Hold for indemnification language on rate discount program for seniors and 2983 low income residents.
2984 ARTICLE 27. Default of Contract
2985 27.01 Termination. The City may not cancel this Contract, except as otherwise 2986 provided below in this section, by giving the Contractor thirty (30) calendar days advance 2987 written notice, to be served as provided in Article 43 and Contractor shall continue to 2988 provide service until such time as the City has in place a new service provider and they 2989 are ready to take over all of the services required in this contract, upon the happening 2990 of any one of the following events.
2991 27.01.1 The Contractor shall take the benefit of any present or future 2992 insolvency statute, or shall make a general assignment for the benefit of creditors, or file 2993 a voluntary petition in bankruptcy (court) or a petition or answer seeking an arrangement 2994 for its reorganization or the readjustment of its indebtedness under the Federal 2995 bankruptcy laws or under any other law or statute of the United States or any state ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
2996 thereof, or consent to the appointment of a receiver, trustee or liquidator of all or 2997 substantially all of its property; or
2998 27.01.2 By order or decree of a Court, the Contractor shall be adjudged 2999 bankrupt or an order shall be made approving a petition filed by any of its creditors or by 3000 any of the stockholders of the Contractor, seeking its reorganization or the readjustment 3001 of its indebtedness under the Federal bankruptcy laws or under any law or statute of the 3002 United States or of any state thereof, provided that if any such judgment or order is 3003 stayed or vacated within sixty (60) calendar days after the entry thereof, any notice of 3004 default shall be and become null, void and of no effect; unless such stayed judgment or 3005 order is reinstated in which case, said default shall be deemed immediate; or 3006 By, or pursuant to, or under the authority of any legislative act, resolution 3007 or rule or any order or decree of any Court or governmental board, agency or officer 3008 having jurisdiction, a receiver, trustee or liquidator shall take possession or control of all 3009 or substantially all of the property of the Contractor, and such possession or control shall 3010 continue in effect for a period of sixty (60) calendar days; or 3011 27.02 The Contractor has defaulted, by failing or refusing to pay in a timely manner 3012 the administrative charges or other monies due the City and said default is not cured 3013 within thirty (30) calendar days of receipt of written notice by City to do so; or 3014 27.02.1 The Contractor has defaulted by allowing any final judgment for the 3015 payment of money to stand against it unsatisfied and said default is not cured within 3016 thirty (30) calendar days of receipt of written notice by City to do so; or 3017 27.02.2 In the event that the monies due the City under Section 27.01.4 3018 above or an unsatisfied final judgment under Section 27.01.5 above is the subject of a 3019 judicial proceeding, the Contractor shall not be in default if the sum of money is bonded. 3020 All bonds shall be in the form acceptable to the City Attorney; or 3021 27.02.3 The Contractor has defaulted, by failing or refusing to perform or 3022 observe the terms, conditions or covenants in this Contract or any of the rules and 3023 regulations promulgated by the City pursuant thereto or has wrongfully failed or refused 3024 to comply with the instructions of the Contract Administrator relative thereto and said 3025 default is not cured within thirty (30) calendar days of receipt of written notice by the City 3026 to do so, or if by reason of the nature of such default, the same cannot be remedied 3027 within thirty (30) calendar days following receipt by the Contractor of written demand 3028 from the City to do so, the Contractor fails to commence the remedy of such default 3029 within said thirty (30) calendar days following such written notice or having so 3030 commenced shall fail thereafter to continue with diligence the curing thereof (with the 3031 Contractor having the burden of proof to demonstrate (a) that the default cannot be cured 3032 within thirty (30) calendar days, and (b) that it is proceeding with diligence to cure said 3033 default, and such default will be cured within a reasonable period of time). However, ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
3034 notwithstanding anything contained herein to the contrary, for the failure of the 3035 Contractor to provide Collection Services for a period of three (3) consecutive Work 3036 Days, the City may secure the Contractor’s records on the fourth (4th) Work Day in order 3037 to provide interim Collection services until such time as the matter is resolved and the 3038 Contractor is again able to perform pursuant to this Contract; provided, however, if the 3039 Contractor is unable for any reason or cause to resume performance at the end of thirty 3040 (30) calendar days all liability of the City under this Contract to the Contractor shall cease 3041 and this Contract may be deemed terminated by the City. 3042 27.03 Violations. Notwithstanding the foregoing and as supplemental and 3043 additional means of termination of this Contract under this article, in the event that the 3044 Contractor’s record of performance show that the Contractor has frequently, regularly or 3045 repetitively defaulted in the performance of any of the covenants and conditions required 3046 herein to be kept and performed by the Contractor, in the opinion of the City and 3047 regardless of whether the Contractor has corrected each individual condition of default, 3048 the Contractor shall be deemed a "habitual violator", shall be deemed to have waived 3049 the right to any further notice or grace period to correct, and all of said defaults shall be 3050 considered cumulative and collectively shall constitute a condition of irredeemable 3051 default. The City shall thereupon issue the Contractor a final warning citing the 3052 circumstances therefore, and any single default by the Contractor of whatever nature, 3053 subsequent to the occurrence of the last of said cumulative defaults, shall be grounds 3054 for immediate termination of the Contract. In the event of any such subsequent default, 3055 the City may terminate this Contract upon giving of written final notice to the Contractor, 3056 such cancellation to be effective upon the date specified in the City’s written notice to 3057 the Contractor, and all contractual fees due hereunder plus any and all charges and 3058 interest shall be payable to said date, and the Contractor shall have no further rights 3059 hereunder. Immediately upon the specified date in such final notice the Contractor shall 3060 proceed to cease any further performance under this Contract. 3061 27.04 Effective Date. In the event of the aforesaid events specified above, and 3062 except as otherwise provided in said subsections, termination shall be effective upon 3063 the date specified in the City’s written notice to the Contractor and upon said date this 3064 Contract shall be deemed immediately terminated and upon such termination all liability 3065 of the City under this Contract to the Contractor shall cease, and the City shall have the 3066 right to call the performance bond and shall be free to negotiate with other contractors 3067 for the operation of the herein specified services. The Contractor for failure to perform 3068 shall reimburse the City all direct and indirect costs of providing interim Collection 3069 Services.
3070 27.05 Immediate Termination. City may terminate this Contract immediately upon 3071 written notice to Contractor in the event Contractor fails to provide and maintain the 3072 performance bond as required by this Contract, Contractor fails to obtain or maintain ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
3073 insurance policies endorsements as required by this Contract, Contractor fails to provide 3074 the proof of insurance as required by this Contract, or Contractor offers or gives any gift 3075 prohibited by City Municipal Code. In the event of Immediate Termination, Contractor 3076 shall continue to provide service until such time as the City has in place a new service 3077 provider and they are ready to take over all of the services required in this contract, upon 3078 the happening of any one of the following events
3079 27.06 Termination Cumulative. City’s right to terminate this Contract is cumulative 3080 to any other rights and remedies provided by law or by this Contract. 3081 ARTICLE 28. Modifications to the Contract
3082 28.01 Modifications. The City shall have the power to make changes in this 3083 Contract as the result of changes in law, changes in the City of Rancho Cordova 3084 Municipal Code, or both, to impose new rules and regulations on the Contractor under 3085 this Contract relative to the scope and methods of providing Collection Services as shall 3086 from time-to-time be necessary and desirable for the public welfare. The City shall give 3087 the Contractor notice of any proposed change and an opportunity to be heard 3088 concerning those matters. The scope and method of providing Collection Services as 3089 referenced herein shall also be liberally construed to include, but is not limited to the 3090 manner, procedures, operations and obligations, financial or otherwise, of the 3091 Contractor.
3092 28.02 Change in Law. The City and the Contractor understand and agree that the 3093 California Legislature has the authority to make comprehensive changes in Solid Waste 3094 Management legislation and that these and other changes in law in the future which 3095 mandate certain actions or programs for counties or municipalities may require changes 3096 or modifications in some of the terms, conditions or obligations under this Contract. The 3097 Contractor agrees that the terms and provisions of the City of Rancho Cordova Code, 3098 as it now exists or as it may be amended in the future, shall apply to all of the provisions 3099 of this Contract and the Service Recipients of the Contractor located within the Service 3100 Area. In the event any future change in the City Code or change or enactment of existing 3101 or newly mandated State or local legislation, policy or regulations materially alters the 3102 obligations of the Contractor, then the affected service rates, as established in Exhibit 3103 1 of this Contract shall be adjusted. Nothing contained in this Contract shall require any 3104 party to perform any act or function contrary to law. The City and Contractor agree to 3105 enter into good faith negotiations regarding modifications to this Contract which may be 3106 required in order to implement changes in the interest of the public welfare or due to 3107 change in law. When such modifications are made to this Contract, the City and the 3108 Contractor shall negotiate in good faith, a reasonable and appropriate compensation 3109 adjustment for any increase or decrease in the services or other obligations required of 3110 the Contractor due to any modification in the Contract under this article. The City and 3111 the Contractor shall not unreasonably withhold agreement to such compensation ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
3112 adjustment. Contractor acknowledges and agrees that the provision of this section does 3113 not apply to changes in governmental fees unless such change is enacted by an agency 3114 of the Federal government, or the State of California and the change applies to all 3115 disposal or processing facilities in the State of California, or such change is proposed 3116 and requested by the City. Except for those changes proposed and requested by the 3117 City, changes to governmental fees or new governmental fees enacted by a local 3118 government that apply only to the disposal or processing facilities within the jurisdiction 3119 of that local government are specifically excluded from this section of the Contract and 3120 the Collection Service rates set forth in the Contract shall not be adjusted to account for 3121 those fees.
3122 28.03 Initiative and Technology Changes. City may direct Contractor or Contractor 3123 may propose to City to perform additional services (including new diversion programs, 3124 additional public education activities, etc. ), eliminate programs, or modify the manner in 3125 which it performs existing services. Pilot programs and innovative services, which may 3126 entail new Collection methods, targeted routing, different kinds of services, different 3127 types of Collection vehicles, and/or new requirements for Customers are included 3128 among the kinds of changes which City may direct or Contractor may propose. 3129 Contractor shall be entitled to an adjustment in its compensation for providing such 3130 additional or modified services but not for the preparation of its proposal to perform such 3131 services.
3132 28.04 Service Proposal. Within thirty (30) calendar days of receipt of a request for 3133 a service change from City or in the event Contractor is proposing a service change, 3134 Contractor shall submit a proposal to provide such service. At a minimum, the proposal 3135 shall contain a complete description of the following:
3136 28.04.1 Program objectives and goals to be used in measuring the success 3137 of the program as discussed in Section 28.07 below; 3138 28.04.2 Collection methodology to be employed (equipment, manpower, 3139 etc. );
3140 28.04.3 Equipment to be utilized (vehicle number, types, capacity, age, 3141 etc.);
3142 28.04.4 Labor requirements (number of employees by classification); 3143 28.04.5 Type of Carts or Bins to be utilized;
3144 28.04.6 Provision for program publicity, education, and marketing; and 3145 28.04.7 Five (5) year projection of the financial results of the program's 3146 operations in an operating statement format including documentation of the key 3147 assumptions underlying the projections and the support for those assumptions, giving 3148 full effect to the savings or costs to existing services.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
3149 28.05 Incremental Costs. In the event the change(s) in service results in an 3150 incremental cost increase over the life of the Contract, Contractor will be responsible for 3151 the first ten thousand dollars ($10,000) of such increase in the aggregate. To the extent 3152 costs are projected to exceed ten thousand dollars ($10,000), City and Contractor shall 3153 agree on the amount of additional costs to be reimbursed to Contractor prior to the 3154 initiation of the service change.
3155 28.06 Other Contractors. Contractor acknowledges and agrees that City may 3156 permit other contractors or companies besides Contractor to provide additional 3157 Collection Services and such other services not otherwise contemplated by this Contract 3158 if Contractor and City cannot agree on terms and conditions, including compensation 3159 adjustments, of such services in one hundred twenty (120) calendar days from the date 3160 when City first requests a proposal from Contractor to perform such services. 3161 28.07 Monitoring and Evaluation. At City’s request, Contractor shall meet with City 3162 to describe the progress of each new program and other service issues. At each 3163 meeting, City and Contractor shall have the opportunity to discuss revisions to the 3164 program. If applicable, Contractor shall document the results of the new programs on a 3165 monthly basis, including at a minimum the tonnage diverted by material type, the end 3166 use or processor of the diverted materials and the cost per ton for transporting and 3167 processing each type of material and other such information requested by Contractor 3168 and/or City necessary to evaluate the performance of each program. 3169 28.08 Termination for Cause. City shall have the right to terminate a program or 3170 assign the program to a third party for cause at no cost to City or Service Recipients if 3171 Contractor is not achieving the programs agreed to and defined goals and objectives. 3172 Prior to such termination or assignment, City shall meet and confer with Contractor for 3173 a period of up to ninety (90) calendar days to resolve City’s concerns. Thereafter, City 3174 may terminate the program or utilize a third party to perform these services if City 3175 reasonably believes Contractor cannot meet or is not meeting the agreed to and defined 3176 project goals and objectives. Notwithstanding these changes, Contractor shall continue 3177 the program during the ninety (90) day period and, in the event City elects to utilize a 3178 third party to continue the program, thereafter until the third party takes over the 3179 program.
3180 28.09 Termination without Cause. City shall also have the right to terminate a 3181 program without cause. As a condition of the termination, City shall reimburse Contractor 3182 for all costs incurred for implementation and performance of the program that were 3183 identified in the program proposal prepared and submitted by Contractor and agreed to 3184 by City which will have not been funded or otherwise recovered through program 3185 compensation at the time the program is terminated.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
3186 28.10 Rate Adjustment at Termination. In the event a program is terminated as set 3187 forth in Sections 28.08 or 28.09 above, Contractor shall adjust all Customer rates to 3188 remove the component of the rate used to fund the program. The rates shall be adjusted 3189 as of the Effective Date of the termination of the program. 3190 ARTICLE 29. Legal Representation
3191 29.01 Acknowledgement. It is acknowledged that each party was, or had the 3192 opportunity to be, represented by counsel in the preparation of and contributed equally 3193 to the terms and conditions of this Contract and, accordingly, the rule that a contract 3194 shall be interpreted strictly against the party preparing the same shall not apply herein 3195 due to the joint contributions of both parties.
3196 ARTICLE 30. Financial Interest
3197 30.01 Representation. Contractor warrants and represents that no elected official, 3198 officer, agent or employee of the City has a financial interest, directly or indirectly, in this 3199 Contract or the compensation to be paid under it and, further, that no City employee who 3200 acts in the City as a “purchasing agent” as defined in the appropriate Section of 3201 California Statutes, nor any elected or appointed officer of the City, nor any spouse or 3202 child of such purchasing agent, employee or elected or appointed officer, is a partner, 3203 officer, director or proprietor of the Contractor and, further, that no such City employee, 3204 purchasing agent, City elected or appointed officer, or the spouse or child of any of them, 3205 alone or in combination, has a material interest in the Contractor. Material interest means 3206 direct or indirect ownership of three percent (3%) or more of the total assets or capital 3207 stock of the Contractor.
3208 ARTICLE 31. Contractor's Personnel
3209 31.01 Personnel Requirements. The Contractor shall employ and assign qualified 3210 personnel to perform all services set forth herein. The Contractor shall be responsible 3211 for ensuring that its employees comply with all Applicable Laws and regulations and 3212 meet all federal, state and local requirements related to their employment and position. 3213 31.02 The City may request the transfer of any employee of the Contractor who 3214 materially violates any provision hereof, or who is wanton, negligent, or discourteous in 3215 the performance of his duties.
3216 31.03 Contractor’s field operations personnel shall be required to wear a clean 3217 uniform shirt bearing the Contractor’s name. Contractor’s employees, who normally 3218 come into direct contact with the public, including drivers, shall bear some means of 3219 individual photographic identification such as a name tag or identification card.
ITEM 20.1. ATTACHMENT 4
City of Rancho Cordova
Residential Solid Waste Services and Street Sweeping Contract
3220 31.04 Each driver of a Collection vehicle shall at all times carry a valid California 3221 driver's license and all other required licenses for the type of vehicle that is being 3222 operated.
3223 31.05 Each driver of a Collection vehicle shall at all times comply with all applicable 3224 state and federal laws, regulations and requirements. 3225 31.06 Contractor’s employees, officers, and agents shall at no time be allowed to 3226 identify themselves or in any way represent themselves as being employees of the City. 3227 31.07 The Contractor’s name and the Customer Service telephone number shall 3228 be properly displayed on all Collection vehicles.
3229 31.08 Displaced Employees. Contractor shall offer employment to all qualified 3230 displaced employees of the City’s franchisee from the prior Exclusive Solid Waste 3231 Franchise Agreement. Contractors must retain these displaced employees for a period 3232 of not less than 90 days, as provided for in Chapter 4.6, Sections 1070 through 1076 of 3233 the California Labor Code. Contractor shall make information about wage rates, benefits 3234 and job classifications of employees available to the City prior to any subsequent 3235 procurement for solid waste collection.
3236 ARTICLE 32.Exempt Waste
3237 32.01 The Contractor shall not be required to Collect or dispose of Exempt Waste, 3238 but may offer such services. All such Collection and disposal of Exempt Waste is not 3239 regulated under this Contract, but if provided by the Contractor shall be in strict 3240 compliance with all federal, state and local laws and regulations. If Contractor decides, 3241 at its sole discretion, to offer such services, said services are outside the scope of this 3242 Contract and at the sole risk of the Contractor.
3243 ARTICLE 33. Independent Contractor
3244 33.01 In the performance of services pursuant to this Contract, Contractor shall be 3245 an independent contractor and not an officer, agent, servant or employee of City. 3246 Contractor shall have exclusive control of the details of the services and work performed 3247 and over all persons performing such services and work. Contractor shall be solely 3248 responsible for the acts and omissions of its officers, agents, employees, contractors 3249 and subcontractors, if any. Neither Contractor nor its officers, employees, agents, 3250 contractors or subcontractors shall obtain any right to retirement benefits, Workers 3251 Compensation benefits, or any other benefits which accrued to City employees and 3252 Contractor expressly waives any claim it may have or acquire to such benefits.
ITEM 20.1. ATTACHMENT 4