AGREEMENT
BETWEEN
CITY OF SAN LEANDRO
AND
WASTE MANAGEMENT OF ALAMEDA COUNTY, INC.
FOR
ORGANICS AND SOLID WASTE
POST-COLLECTION SERVICES
JULY 15, 2024
July 15, 2024 Page i City of San Leandro Post Collection Agreement
TABLE OF CONTENTS
RECITALS ...................................................................................................................... 1 ARTICLE 1. GRANT AND ACCEPTANCE OF EXCLUSIVE RIGHTS........................... 2
1.1 Grant and Acceptance of Exclusive Rights .................................................... 2
1.2 Scope Limitations and Exclusions ................................................................. 3
1.3 Obligations of Parties..................................................................................... 4 ARTICLE 2. TERM OF AGREEMENT............................................................................ 5
2.1 Term and Option to Extend............................................................................ 5
2.2 Conditions to Effectiveness of Agreement ..................................................... 5 ARTICLE 3. SCOPE OF AGREEMENT ......................................................................... 6
3.1 Summary Scope of Services.......................................................................... 6
3.2 Use of Approved Facilities ............................................................................. 7
3.3 Subcontracting............................................................................................... 7
3.4 Responsibility for Materials ............................................................................ 7
3.5 City-Directed Changes to Scope.................................................................... 7
3.6 No Tonnage Obligation or Limit on Waste Prevention ................................... 9
3.7 Extended Producer Responsibility Programs................................................. 9 ARTICLE 4. SCOPE OF SERVICES ............................................................................ 10
4.1 Approved Facilities ...................................................................................... 11
4.2 Organic Materials Processing ...................................................................... 12
4.3 C&D Processing .......................................................................................... 14
4.4 Solid Waste and Residue Disposal.............................................................. 16
4.5 Climate and Disaster Resiliency .................................................................. 17
4.6 Material Marketing ....................................................................................... 17
4.7 Public Education and Outreach ................................................................... 18
4.8 Public Drop-Off for Disposal ........................................................................ 18 ARTICLE 5. STANDARD OF PERFORMANCE........................................................... 19
5.1 General........................................................................................................ 19
5.2 Operation Standards.................................................................................... 19
5.3 Vehicle Requirements.................................................................................. 25
5.4 Personnel..................................................................................................... 26
5.5 Contract Management ................................................................................. 27 ARTICLE 6. RECORD KEEPING AND REPORTING .................................................. 28
6.1 Record Keeping ........................................................................................... 28
6.2 Report Submittal Requirements................................................................... 28
6.3 Late and Incorrect Reports .......................................................................... 29 ARTICLE 7. CITY REIMBURSEMENTS....................................................................... 30
7.1 City Right to Establish Fees......................................................................... 30
7.2 Other Reimbursements................................................................................ 30
7.3 Adjustment To Reimbursements.................................................................. 30 July 15, 2024 Page ii City of San Leandro Post Collection Agreement
7.4 Payment Schedule and Late Fees............................................................... 30 ARTICLE 8. CONTRACTOR’S COMPENSATION AND RATE SETTING................... 31
8.1 General........................................................................................................ 31
8.2 Remittances to Contractor ........................................................................... 31
8.3 Per-Ton Rates ............................................................................................. 32
8.4 Extraordinary Rate Adjustments .................................................................. 36 ARTICLE 9. INDEMNITY, INSURANCE, AND PERFORMANCE BOND..................... 38
9.1 Indemnification............................................................................................. 38
9.2 Insurance..................................................................................................... 41
9.3 Performance Bond....................................................................................... 43
9.4 Corporate Guaranty ..................................................................................... 43 ARTICLE 10. DEFAULT AND REMEDIES................................................................... 44
10.1 Events of Default ......................................................................................... 44
10.2 Right to Terminate Upon UNCURED Default............................................... 45
10.3 City’s Remedies In the Event of Default....................................................... 46
10.4 Possession of Records Upon Termination................................................... 47
10.5 City's Remedies Cumulative; Specific Performance .................................... 47
10.6 Performance Standards and Liquidated Damages ...................................... 47
10.7 Excuse from Performance ........................................................................... 48
10.8 Right to Demand Assurances of Performance............................................. 50
10.9 Dispute Resolution....................................................................................... 50
11.1 Contractor’s Corporate Status ..................................................................... 50
10.10 Cooperation and Disputes Between Contractors ......................................... 51
10.11 Acts Necessary to Perform Service ............................................................. 51 ARTICLE 11. REPRESENTATIONS AND WARRANTIES OF THE PARTIES............ 52
11.2 Contractor’s Corporate Authorization........................................................... 52
11.3 Agreement Will Not Cause Breach .............................................................. 52
11.4 No Litigation................................................................................................. 52
11.5 No Adverse Judicial Decisions..................................................................... 52
11.6 No Legal Prohibition .................................................................................... 52
11.7 Contractor’s Ability to Perform ..................................................................... 53 ARTICLE 12. OTHER AGREEMENTS OF THE PARTIES .......................................... 53
12.1 Relationship of Parties................................................................................. 53
12.2 Compliance with Law................................................................................... 53
12.3 Governing Law............................................................................................. 53
12.4 Jurisdiction................................................................................................... 53
12.5 Binding on Successors ................................................................................ 53
12.6 Assignment .................................................................................................. 53
12.7 No Third-Party Beneficiaries ........................................................................ 55
12.8 Waiver.......................................................................................................... 55
12.9 Notice Procedures ....................................................................................... 56
12.10 Representatives of the Parties..................................................................... 56 July 15, 2024 Page iii City of San Leandro Post Collection Agreement ARTICLE 13. MISCELLANEOUS AGREEMENTS....................................................... 57
13.1 Entire Agreement......................................................................................... 57
13.2 Section Headings......................................................................................... 57
13.3 References to Laws ..................................................................................... 57
13.4 Amendments................................................................................................ 57
13.5 Severability .................................................................................................. 57
13.6 Counterparts ................................................................................................ 57
13.7 Exhibits ........................................................................................................ 57
LIST OF EXHIBITS
A. Definitions
B. [Reserved]
C. Accepted Organic Materials
D. Reporting Requirements
E. Corporate Guaranty
F. Performance Standards and Liquidated Damages
G. Contractor’s Proposal
G1. [Reserved]
G2. Initial Rates for Post-Collection Services
G3: [Reserved]
G4. [Reserved]
G5. Approved Subcontractors and Secondary Processing Facilities G6. Contractor’s Proposed Tonnage and Residue Plan
H. Performance Bond
I. Map of City Service Area
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July 15, 2024 Page 1 City of San Leandro Post Collection 1 AGREEMENT
2 BETWEEN
3 CITY OF SAN LEANDRO
4 AND
5 WASTE MANAGEMENT OF ALAMEDA COUNTY, INC.
6 FOR POST-COLLECTION SOLID WASTE SERVICES
7 THIS AGREEMENT is made and entered into as of ___________________, 2024 between the City of San 8 Leandro, California, a political subdivision of the State of California (hereinafter “City”), and Waste 9 Management of Alameda County, Inc., (hereinafter referred to as the “Contractor”). 10 RECITALS
11 This Agreement is entered into with reference to the following facts and circumstances:
12 WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste 13 Management Act of 1989 (AB 939) (California Public Resources Code Section 40000 et seq.), has declared 14 that it is in the public interest to authorize and require local agencies to make adequate provisions for 15 Solid Waste services within their jurisdiction; and
16 WHEREAS, the State of California has found and declared that the amount of refuse generated in 17 California, coupled with diminishing Disposal capacity and potential adverse environmental impacts from 18 landfilling and the need to conserve natural resources, have created an urgent need for State and local 19 agencies to enact and implement an aggressive integrated waste management program. The State has, 20 through enactment of AB 939 and subsequent related legislation including, but not limited to: the Jobs 21 and Recycling Act of 2011 (AB 341), the Event and Venue Recycling Act of 2004 (AB 2176), SB 1016 22 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 23 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), the California Green Building 24 Standards Code (CALGreen), AB 1594, AB 1201, AB 343, and the Plastic Pollution Prevention and Packaging 25 Producer Responsibility Act (SB 54), directed the responsible State agency, and all local agencies, to 26 promote Diversion and to maximize the use of feasible waste reduction, re-use, Recycling, and 27 Composting options in order to reduce the amount of refuse that must be Disposed; and 28 WHEREAS, SB 1383 establishes regulatory requirements for jurisdictions, Generators, haulers, Solid Waste 29 facilities, and other entities to support achievement of State-wide Organic Waste Disposal reduction 30 targets; and
31 WHEREAS, in response to the Governor signing Executive Order N-79-20, the California Air Resources 32 Board has established regulations, including, but not limited, the Advanced Clean Fleets Rule, as part of a 33 strategy to transition fleets to zero emissions vehicles (ZEVs), and provisions of such regulations apply to 34 the Contractor’s vehicle fleet under this Agreement; and, 35 WHEREAS, pursuant to California Public Resources Code Section 40059(a)(2), the City has determined that 36 the public health, safety, and well-being require that an exclusive right be awarded to a qualified July 15, 2024 Page 2 City of San Leandro Post Collection 37 Contractor to provide for the Processing of Organic Materials and C&D; for the Disposal of Solid Waste; 38 and other services related to meeting the City’s economic and environmental goals; and 39 WHEREAS, the City further declares its intent to approve and maintain reasonable Rates for the Processing 40 and Disposal of Organic Materials, C&D, and Solid Waste; and 41 WHEREAS, the City desires, having determined that Contractor, by demonstrated experience, reputation, 42 and capacity, is qualified to provide for the Processing of Organic Materials and C&D, and Disposal of Solid 43 Waste, generated within the corporate limits of the City, and that Contractor be engaged to perform such 44 services on the basis set forth in this Agreement; and 45 WHEREAS, the City and Contractor have attempted to address conditions affecting their performance of 46 services under this Agreement but recognize that reasonably unanticipated conditions may occur during 47 the Term of this Agreement that will require the Parties to meet and confer to reasonably respond to such 48 changed conditions; and
49 WHEREAS, under Municipal Code Section 3-6-300, the City may enter into a contract for the Processing 50 and/or Disposal of all refuse in and from the City and the collection of Rates therefore, and the City Council 51 is authorized to enter into such contract with any terms it deems necessary to protect the best interests 52 of the City.
53 NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions contained in this 54 Agreement and for other good and valuable consideration, the Parties agree as follows:
55 ARTICLE 1.
56 GRANT AND ACCEPTANCE OF EXCLUSIVE
57 RIGHTS
58 1.1 GRANT AND ACCEPTANCE OF EXCLUSIVE RIGHTS
59 By the signing of this Agreement, the City grants to Contractor and Contractor accepts an exclusive right 60 to Process and Dispose of all City Delivered Materials for which they have been awarded service. The 61 rights granted to Contractor shall be for the scope of services described in this Agreement except where 62 otherwise precluded by Federal, State, and local laws and regulations. 63 This Agreement and scope of these exclusive rights shall be interpreted to be consistent with Applicable 64 Law, now and during the Term of the Agreement. If future judicial interpretations of current law or new 65 laws, regulations, or judicial interpretations limit the ability of the City to lawfully contract for the scope 66 of services in the manner consistent with all provisions as specifically set forth herein, Contractor agrees 67 that the scope of the Agreement will be limited to those services and materials which may be lawfully 68 included herein and that the City shall not be responsible for any lost profits or losses claimed by 69 Contractor to arise out of limitations to the scope or provisions of the Agreement set forth herein. In such 70 an event, it shall be the responsibility of Contractor to minimize the financial impact of such future judicial 71 interpretations or new laws and the Contractor may meet and confer with City and may petition for a Rate 72 adjustment pursuant to Section 8.4.
July 15, 2024 Page 3 City of San Leandro Post Collection 73 1.2 SCOPE LIMITATIONS AND EXCLUSIONS
74 The award of this Agreement shall not preclude the categories of Organic Materials, C&D Debris, and Solid 75 Waste listed below from being Collected by Persons other than the Collection Contractor and Accepted, 76 Transferred, Transported, Processed, or Disposed by Persons other than the Contractor, provided that 77 nothing in this Agreement is intended to or shall be construed to excuse any Person from obtaining any 78 authorization from the City, which is otherwise required by law:
79 A. Self-Hauled Materials. A Commercial business Owner or Resident may Dispose of Organic 80 Materials, Solid Waste, and C&D Debris generated in or on their own Premises with their own 81 vehicle so long as they are in compliance with the City’s Municipal Code. 82 B. Donated or Sold Materials. Any items which are Source Separated at any Premises by the Generator 83 and sold or donated to other Persons, including youth, civic, or charitable organizations. 84 C. Edible Food Recovery. Edible Food which is Collected from a Generator by other Person(s) for the 85 purposes of food recovery; or which is Self-Hauled by the Generator to another Person(s) for the 86 purposes of food recovery, regardless of whether the Generator donates, sells, or pays a fee to the 87 other Person(s) to Collect or receive the edible food. Contractor shall cooperate with and shall not 88 impede, interfere, or attempt to impede or interfere with the implementation, expansion, or 89 operation of food recovery program efforts in the City. 90 D. Food Scraps for Animal Feed. Food Scraps that are separated by the Generator and used by the 91 Generator or distributed to other Person(s) for lawful use as animal feed, in accordance with 14 CCR 92 Section 18983.1(b)(7). Food Scraps intended for animal feed may be Self-Hauled by Generator or 93 hauled by another party.
94 E. Materials That Contractor Does Not Divert. Discarded Materials which the Collection Contractor 95 is not required to Collect for Diversion under the Collection Agreement as of the Effective Date of 96 this Agreement which subsequently, in the City’s reasonable judgment, become economically 97 feasible to Collect for Diversion. In such event, the City may provide for Collection, Processing, and 98 Diversion of such materials in any manner it deems appropriate. Such materials may include, but 99 not be limited to, Organic Materials which the Collection Contractor would otherwise Collect for 100 Disposal.
101 F. Beverage Containers. Containers delivered for Recycling under the California Beverage Container 102 Recycling and Litter Reduction Act, Section 14500, et seq. California Public Resources Code. 103 G. Materials Removed by Customer’s Contractor as Incidental Part of Services. Organic Materials, 104 Solid Waste, and C&D Debris removed from a Premises by a contractor (e.g., gardener, landscaper, 105 tree-trimming service, construction contractor, Residential clean-out service) as an incidental part 106 of the service being performed, rather than as a separately contracted or subcontracted hauling 107 service; or if such contractor is providing a service which is not included in the scope of this 108 Agreement or the Collection Agreement.
109 H. In-Place Composting. Organic Materials Composted or otherwise legally managed at the site where 110 it is generated (e.g., backyard Composting, on-site anaerobic digestion).
July 15, 2024 Page 4 City of San Leandro Post Collection 111 I. Animal, Grease Waste, and Used Cooking Oil. Animal waste and remains from slaughterhouse or 112 butcher shops, grease, or used cooking oil.
113 J. Sewage Treatment By-Product. By-products of sewage treatment, including sludge, sludge ash, 114 grit, and screenings.
115 K. Excluded Waste. Excluded Waste regardless of its source. 116 L. Materials Generated by State and County Facilities. Materials generated by State and County 117 facilities located in the City provided that the Generator self-hauls, has arranged services with other 118 Persons, or has arranged services with the Contractor through a separate agreement. 119 M. Climate and Disaster Resiliency Debris. Debris generated as result of a wartime, natural, physical, 120 or other disaster that the Collection Contractor is unable to Collect and or Contractor is unable to 121 Process or Dispose within a reasonable timeframe as determined by the City or that the City directs 122 the Collection Contractor or Contractor to not Collect, Process, or Dispose in accordance with 123 Section 4.7 of this Agreement and in accordance with the Collection Agreement. City reserves the 124 right to enter into a third-party agreement to provide disaster debris Collection and Post-Collection 125 services that augment those provided by the Contractor or Collection Contractor. 126 N. Extended Producer Responsibility Programs. If an Extended Producer Responsibility Program 127 requires special handling or unique Processing services that are not currently provided by 128 Contractor, and Contractor is unable or unwilling to provide such required handling or services, 129 then, subject to the provisions of the Collection Agreement and Section 3.5, Section 3.7, and Section 130 8.4 of this Agreement), other Persons may Accept, Transfer, Transport, Process, Divert and/or 131 Dispose of such Organic Materials.
132 Contractor acknowledges and agrees that the City may permit other Persons besides the Contractor to 133 Accept, Transfer, Transport, Process, or Dispose of any and all types of materials excluded from the scope 134 of this Agreement, as set forth above, without seeking or obtaining approval of Contractor. If Contractor 135 can produce evidence that other Persons are providing Post-Collection Services in a manner that is not 136 consistent with this Agreement or the City’s Code, it shall report the location, name, and phone number 137 of the Person or company to the City’s Contract Manager along with Contractor’s evidence. In such case, 138 City may notify the Person providing service in violation of Contractor’s rights under this Agreement, and 139 Contractor shall have the right to take legal action to enforce its rights under this Agreement. 140 1.3 OBLIGATIONS OF PARTIES
141 In addition to the specific performance required under the Agreement, City and Contractor shall:
142 A. Provide timely notice to one another of a perceived failure to perform any obligations under this 143 Agreement and access to information demonstrating the Party’s failure to perform. 144 B. Provide timely access to the City Contract Manager and the Contractor’s designated representative, 145 and provide complete and timely responses to requests of the other Party. 146 C. Provide timely notice of matters that may affect either Party’s ability to perform under the 147 Agreement.
July 15, 2024 Page 5 City of San Leandro Post Collection 148 ARTICLE 2.
149 TERM OF AGREEMENT
150 2.1 TERM AND OPTION TO EXTEND
151 The Term of this Agreement shall commence February 1, 2025 (Commencement Date) and continue in 152 full force for a period of ten (10) years, through and including June 30, 2035, unless the Agreement is 153 extended in accordance with this Section or terminated pursuant to Section 10.2. 154 At City’s sole discretion, this Agreement may be extended one (1) time without amendment for a period 155 of up to two (2) years. If City desires to extend the Agreement, City shall provide the Contractor with 156 written notice of its decision to extend the Agreement at least one (1) year before the expiration of the 157 initial Term. Such notice by City shall specify the duration of the extension. 158 Between the Effective Date and Commencement Date, Contractor shall perform all activities necessary to 159 prepare itself to start providing services required by this Agreement on the Commencement Date. 160 2.2 CONDITIONS TO EFFECTIVENESS OF AGREEMENT
161 The obligation of City to permit this Agreement to become effective and to perform its undertakings 162 provided for in this Agreement is subject to the satisfaction of all the conditions below, each of which may 163 be waived, in written form only, in whole or in part by City. 164 A. Accuracy of Representations. The Contractor’s representations and warranties made in 165 Contractor’s Proposal and Article 11 of this Agreement are true and correct on and as of the 166 Effective Date.
167 B. Furnishings of Insurance and Performance Bond. Contractor has furnished evidence of the 168 insurance and performance bond required by Article 9 that is satisfactory to the City. 169 C. Absence of Litigation. To the best of Contractor’s knowledge, after reasonable investigation, there 170 is no action, suit, proceeding, or investigation, at law or in equity, before or by any court or 171 governmental authority, commission, board, agency, or instrumentality decided, pending or 172 threatened against Contractor wherein an unfavorable decision, ruling, or finding, in any single case 173 or in the aggregate, would:
174 1. Materially adversely affect the performance by Contractor of its obligations hereunder; 175 2. Adversely affect the validity or enforceability of this Agreement; or, 176 3. Have a material adverse effect on the financial condition of Contractor, or any surety or entity 177 guaranteeing Contractor’s performance under this Agreement. 178 D. Permits Furnished. Contractor has provided City with copies of all permits necessary for operation 179 of all Approved Facilities owned or operated by Contractor or any Subcontractor for use under the 180 terms of this Agreement.
181 E. Legal Challenge. Contractor understands and acknowledges that the award of this Agreement may 182 be subject to review and repeal by the City’s citizens through a referendum or similar petition, and 183 to various types of legal and environmental challenges (such referenda, similar petition, and legal July 15, 2024 Page 6 City of San Leandro Post Collection 184 and environmental challenges being referred to collectively as “Legal Challenges”). Accordingly, 185 this Agreement shall not become effective until the City Manager or City Manager’s designee 186 reasonably determines that (i) any Legal Challenges that had been initiated as of the time of such 187 determination have been resolved in favor of the City’s award of this Agreement to Contractor; and, 188 (ii) the deadline to initiate any additional Legal Challenges has expired; provided, however, that 189 Contractor shall be entitled to rescind this Agreement upon thirty (30) calendar days’ prior written 190 notice to the City Manager if such determination is not made within seventy-five (75) calendar days 191 after City Council approval of the Agreement.
192 F. Directed Flow of City Delivered Materials. City has entered into a franchise agreement with the 193 Collection Contractor for Collection of City Delivered Materials. To the extent that such materials 194 are Collected by Collection Contractor, they will be directed by City, through that agreement, to the 195 appropriate Approved Facilities as required under this Agreement. 196 ARTICLE 3.
197 SCOPE OF AGREEMENT
198 3.1 SUMMARY SCOPE OF SERVICES
199 The Contractor or its Subcontractor(s) shall be responsible for the following:
200 A. Receiving, Accepting, and safely and lawfully Processing or Disposing of City Delivered Materials at 201 the Approved Facility(ies) in accordance with Article 4, Contractor’s Proposal (Exhibit G), and 202 Applicable Law. Contractor’s failure to specifically require an act necessary to perform the Post203 Collection Services does not relieve Contractor of its obligations to perform such act or services; 204 B. Performing all other services required by this Agreement including, but not limited to, billing, public 205 education, record keeping, and reporting pursuant to Article 4, Article 5, Article 6, and Article 8; 206 C. Furnishing all labor, supervision, vehicles, Containers, other equipment, materials, supplies, and all 207 other items and services necessary to perform its obligations under this Agreement; 208 D. Paying all expenses related to provision of services required by this Agreement including, but not 209 limited to, taxes, regulatory fees (including City Reimbursements), and utilities; 210 E. Performing or providing all services necessary to fulfill its obligations in substantial conformance 211 with the Contractor’s Proposal, and in full accordance with this Agreement, and the performance 212 standards contained within, at all times using best industry practice for comparable operations; and, 213 F. Complying with all Applicable Laws.
214 The enumeration and specification of particular aspects of service, labor, or equipment requirements shall 215 not relieve Contractor of the duty to perform all other tasks and activities necessary to fulfill its obligations 216 under this Agreement, regardless of whether such requirements are enumerated elsewhere in the 217 Agreement, unless excused in accordance with Section 10.7.
July 15, 2024 Page 7 City of San Leandro Post Collection 218 3.2 USE OF APPROVED FACILITIES
219 The Contractor, without constraint and as a free-market business decision in accepting this Agreement, 220 agrees to use the Approved Facility(ies) for the purposes of performing Post-Collection Services under this 221 Agreement. Such decision by Contractor in no way constitutes a restraint of trade notwithstanding any 222 Change in Law regarding flow control limitations or any definition thereof. 223 3.3 SUBCONTRACTING
224 Contractor is solely responsible for management and oversight of the activities of all Subcontractor(s). 225 Contractor shall be considered to be in breach or default should the activities of any Subcontractor(s) 226 constitute a breach or event of default under this Agreement. 227 Contractor shall not engage a Subcontractor(s) for Post-Collection Services without the prior written 228 consent of City Contract Manager, which may be granted subject to their reasonable discretion. As of the 229 Effective Date of this Agreement, City has approved Contractor’s use of Subcontractor(s) identified in 230 Contractor’s Proposal, included herein as Exhibit G. Following the Effective Date, if the Contractor plans 231 to engage any Affiliate as a Subcontractor in the provision of services, Contractor shall provide City 232 Contract Manager with thirty (30) calendar days written notification of its plans and provide an 233 explanation of any potential impacts related to the quality, timeliness, or cost of providing services under 234 this Agreement. Contractor shall require that all Subcontractors file an insurance certificate with the City 235 describing such Subcontractor’s insurance coverage, and name City as an additional insured. The City Risk 236 Manager may waive or excuse these insurance requirements in its sole discretion. Contractor shall require 237 that all Subcontractors comply with all material terms of this Agreement. 238 3.4 RESPONSIBILITY FOR MATERIALS
239 Once City Delivered Materials are delivered to the Approved Facility(ies) and received and Accepted by 240 Contractor, ownership and the right to possession of City Delivered Materials will transfer directly from 241 the Collection Contractor or other Person designated to deliver City Delivered Materials to Contractor, 242 with the exception of Excluded Waste if Contractor can identify the Excluded Waste pursuant to Section 243 5.2.2. For Solid Waste received at the Disposal Facility, Contractor may retain, Recycle, Process, Dispose 244 of, and otherwise use City’s Solid Waste in any lawful fashion or for any lawful purpose. Both benefits and 245 Liabilities resulting from ownership and possession will accrue to Contractor. 246 3.5 CITY-DIRECTED CHANGES TO SCOPE
247 A. General. City may direct Contractor to perform additional services (including, but not limited to, the 248 performance of additional Diversion activities) or the Contractor may propose additional services. 249 Per-Ton Rates will be increased or decreased, in accordance with this Section, to give effect to these 250 adjustments.
251 At any time during the Term of this Agreement, the City may solicit proposals from other Persons 252 for services not contemplated under this Agreement. In the event that contracting with other 253 Persons for such services will reduce Contractor’s Compensation or increase Contractor’s costs 254 under this Agreement, the Contractor shall be offered the opportunity to match any other 255 Person’s proposed pricing and provide the added scope of services. However, nothing in this 256 Agreement shall prevent the City from contracting with other Persons in the event that Contractor 257 is unable or unwilling to provide such services at or below the cost proposed by the other Person.
July 15, 2024 Page 8 City of San Leandro Post Collection 258 City shall adjust Contractor’s compensation for any demonstrable change in direct costs or 259 revenue resulting from such change, in accordance with Section 8.4. 260 Changes to the accepted and prohibited materials lists shall l be managed in accordance with 261 Section 4.4.G of this Agreement.
262 B. Proposal for Modification of Services. Within thirty (30) Working Days of City request for a proposal 263 or at any time Contractor chooses to propose additional services, Contractor shall present its 264 proposal to modify existing Post-Collection Services, unless an alternate schedule is mutually 265 agreed-upon. A written proposal, at a minimum, shall contain a completed description of the 266 following:
267 1. Methodology to be employed (changes to equipment, labor needs, staffing, etc.) 268 2. Equipment to be utilized (equipment number, types, capacity, age, etc.) 269 3. Labor requirements (changes in number of employees by classification) 270 4. Provision for program publicity, education, or marketing (if appropriate) 271 5. Estimate of the impact of the service modification (increased Diversion Tonnage, reduced 272 costs, increased public service, etc.)
273 6. Five- (5-) year projection of the financial results of the program’s operations in a balance sheet 274 and operating statement format including documentation of the key assumption underlying 275 the projections and the support for those assumptions, giving full effect to the savings or costs 276 to existing Post-Collection Services.
277 C. City’s Review. If the City does not review, comment, and approve or disapprove of the modification 278 to the scope of services within ninety (90) Business Days of receiving the Contractor’s Proposal, the 279 proposal will be deemed disapproved. The City and Contractor may mutually agree to extend the 280 time period for review due to the complexity of the scope of service modification under 281 consideration, the time needed for the review or approval, or for other reasonable reasons. 282 The City may request the assistance of an independent third party to review the proposal. 283 Contractor shall pay the reasonable costs of that review if the modification to the scope of Post284 Collection Services is initiated by the Contractor. City shall pay those costs if the modification to 285 the scope of Post-Collection Services is initiated by the City. The cost of that review will be 286 estimated in advance of the work and provided to the Contractor for comment and agreement to 287 pay. Contractor’s refusal to pay the reasonable cost of review of a Contractor-initiated proposal 288 shall be grounds for City rejection of that proposal. 289 Contractor shall promptly provide operating and business records requested by City that are 290 reasonably required to verify the reasonableness and accuracy of the impacts associated with a 291 modification to the scope of Post-Collection Services. Contractor shall fully cooperate with City’s 292 request and provide City and its agent(s) copies of or access to Contractor’s records. 293 If the City and Contractor are unable to agree on terms and conditions, including compensation 294 adjustments, of such services within one hundred and twenty (120) Business Days from City 295 receipt of Contractor’s Proposal for such services, the City may permit other Persons to provide 296 such services, provided that such services do not conflict with the exclusivity granted to the 297 Contractor under Section 1.1. Nothing herein shall prevent the City from soliciting cost and July 15, 2024 Page 9 City of San Leandro Post Collection 298 operating information from other Persons in order to inform the City’s evaluation of Contractor’s 299 Proposal.
300 D. Approval of Modification to Scope of Services. Upon City approval or determination, City shall issue 301 a written notice approving the modification to the scope of service and documenting any change to 302 the Per-Ton Rates made in accordance with Section 8.4, and approved change to Contractor’s 303 obligations under this Agreement. The Parties shall prepare a written amendment to the Agreement 304 documenting any and all changes resulting from the modification to the scope of services. No 305 adjustment in Per-Ton Rates, change in Contractor’s obligations, or change in scope of Post306 Collection Services shall become effective absent that City approval or determination. 307 3.6 NO TONNAGE OBLIGATION OR LIMIT ON WASTE PREVENTION 308 Neither City nor the Collection Contractor is obligated to deliver any specified quantity of City Delivered 309 Materials to the Approved Facility(ies).
310 The City maintains programs to reduce the amount of waste intended for Disposal. It is the City’s intent 311 to continue to improve, develop, and enhance existing programs as well as to implement new programs 312 and services throughout the Term as it deems necessary to meet or exceed mandated Diversion program 313 requirements and goals established by AB 939 and subsequent Federal, State, County, or local legislation 314 including, but not limited to, the State’s seventy-five percent (75%) Recycling goal established in AB 341, 315 the programmatic requirements of AB 1826, the requirements of SB 1383, the requirements of SB 54, and 316 the Diversion requirements under CALGreen. Contractor acknowledges that the characterization and 317 quantity of City Delivered Materials that are delivered to the Approved Facility(ies) will change over the 318 Term and may, over time, be significantly different than that as of the Commencement Date of the 319 Agreement, but the obligation of Contractor to Accept the City Delivered Materials will continue for the 320 Term of the Agreement so long as it conforms to the definitions and requirements of this Agreement. 321 Nothing in this Agreement shall, in any manner, prevent, penalize, or impede the City from continuing 322 programs, altering programs, or developing new programs that have the effect of reducing or increasing 323 the amount of City Delivered Materials Collected and delivered to the Approved Facility(ies) by the 324 Collection Contractor. However, notwithstanding anything to the contrary in this Agreement, during the 325 term of this Agreement, the City shall direct for delivery all City Delivered Organic Materials and C&D to 326 Contractor for Processing and City Delivered Solid Waste for Disposal. 327 3.7 EXTENDED PRODUCER RESPONSIBILITY PROGRAMS
328 A. General. In addition to the services provided by the Contractor pursuant to existing Extended 329 Producer Responsibility Programs, including, but not limited to SB 54, the City and Contractor 330 acknowledge that additional or amended Extended Producer Responsibility Programs may be 331 established in the future. The City may request that the Contractor participate in an Extended 332 Producer Responsibility Program. Notwithstanding Section 8.4.E, any and all such City requests 333 and/or new requirements related to any Extended Producer Responsibility Program shall be 334 treated as a change in scope in accordance with Sections 3.5 and 8.4.D and shall not be treated 335 as a Change in Law pursuant to Section 8.4.E; provided, however, that the Contractor shall be 336 expressly precluded from requesting an Extraordinary Rate Adjustment for a change in scope to 337 the extent Contractor is fully compensated for Processing, Recovery, Diversion, or other direct 338 cost associated with such Extended Producer Responsibility Program participation. Contractor July 15, 2024 Page 10 City of San Leandro Post Collection 339 shall by default accept the City’s request to enact the Extended Producer Responsibility program, 340 unless the Contractor can demonstrate significant barriers that would make providing such 341 services impracticable. Contractor shall express any objections or concerns during the meet and 342 confer period and provide substantial evidence of such barriers in the Contractor’s proposal, for 343 further review by the City.
344 B. Extended Producer Responsibility Program Proposal. Upon the City’s written request, Contractor 345 shall seek out and coordinate with the applicable Stewardship Organization designated for the 346 specified Extended Producer Responsibility Program and shall describe such partnership in its 347 proposal, in addition to the requirements provided in Section 3.5. In its written request, the City 348 may additionally describe specific information required to be included in the Contractor’s 349 proposal, as the City Contract Manager deems reasonably necessary in relation to the Extended 350 Producer Responsibility Program. The City shall review the proposal and may request additional 351 supporting documentation, calculations, or other information necessary to evaluate the 352 Contractor’s proposal for reasonableness and ability to comply with requirements of the Extended 353 Producer Responsibility Program. The City retains the right to negotiate with Contractor and 354 amend the Agreement to reflect changes in services, as needed, or may reject the proposal 355 without further negotiation. Contractor shall not be compensated for the proposal preparation 356 costs or costs incurred during the negotiation of its proposal. 357 At any time during the Term of this Agreement, the City may solicit proposals from other Persons 358 related to Extended Producer Responsibility Programs, as provided for in Section 1.2.N. 359 C. Funding Provided Through Extended Producer Responsibility Programs. Contractor’s 360 participation or compliance with Extended Producer Responsibility Programs shall not warrant an 361 increase to the Contractor’s compensation, except as otherwise provided for in Section 8.4.D. 362 Contractor shall maintain records of all funding or other resources the Contractor receives directly 363 or indirectly through an Extended Producer Responsibility Program. The Contractor shall calculate 364 and demonstrate the dollar amount that can be attributed to services provided under this 365 Agreement. Any cost savings identified shall be remitted to the City as either a direct payment 366 sent to the City within thirty (30) Business Days of Contractor’s receipt of funds; or, as a reduction 367 to the appropriate Per-Ton-Rate(s) that are established in accordance with Article 8, at the City 368 Manager’s sole discretion. Contractor shall include copies of invoices or receipts submitted to or 369 provided by the applicable Stewardship Organization with its payment. 370 D. Recordkeeping. Contractor shall maintain all operational and financial records related to 371 Extended Producer Responsibility Programs, and report such information to the City in 372 accordance with Exhibit D or as otherwise requested by the City Contract Manager. 373 ARTICLE 4.
374 SCOPE OF SERVICES
375 Contractor shall perform the Post-Collection Services described in this Article 4. This Article 4 describes 376 the requirements for the services to be provided. More specific requirements for how each service shall 377 be provided for each material type are described in Exhibit G, Contractor’s Proposal. Failure to specifically 378 require an act necessary to perform the Post-Collection Services under this Agreement does not relieve 379 Contractor of its obligation to perform such act.
July 15, 2024 Page 11 City of San Leandro Post Collection 380 4.1 APPROVED FACILITIES
381 A. Use of Approved Facility(ies). Contractor shall Accept City Delivered Materials at the appropriate 382 Approved Facility(ies) for each material type and shall comply with all material delivery and 383 Acceptance procedures specified in this Agreement.
384 B. Use of Alternative Facilities. If Contractor is unable to use an Approved Facility due to an emergency 385 or sudden and unforeseen closure of the facility that is outside the control of the Contractor, 386 Contractor shall immediately notify the City Contract Manager, and shall use the appropriate 387 Alternative Facility(ies) as defined in Exhibit A. Contractor shall continue to use such Alternative 388 Facility(ies) until the Approved Facility is reopened or the need for the Alternate Facility is abated. 389 Contractor shall notify City in writing prior to recommencing use of the Approved Facility. During 390 such time, to the extent feasible, Contractor shall continue to comply with the requirements of 391 Article 5.
392 If the need to use an Alternative Facility is discretionary or for reasons within Contractor’s, or its 393 Subcontractor’s, reasonable control, Contractor’s Compensation shall not be adjusted for any 394 change in costs associated with use of the Alternative Facility and Contractor shall be responsible 395 for any increased Transfer costs which shall be paid to the Transfer operator through a credit to 396 the Transfer operator’s invoice. If the need to use the Alternative Facility results from reasons 397 beyond Contractor’s, or its Subcontractor’s, reasonable control, City shall adjust, either up or 398 down, Contractor’s Compensation for changes in Processing or Disposal costs associated with use 399 of the Alternative Facility and Contractor shall not be responsible for any increased Transfer costs. 400 In the event that a change in the Approved Facility(ies) results in increased costs, City may identify 401 and direct Contractor to an Alternative Facility that results in less cost than the Contractor402 identified alternative. 403 Except for the emergency conditions described in this Section, Contractor shall not change its 404 selection of the Approved Facility(ies) without City’s written approval, which may be withheld in 405 the City’s reasonable discretion. Contractor may use an Alternative Facility (Processing or 406 Disposal) in lieu of the primary Approved Facility so long as it notifies the City in writing and 407 includes the reason for using the Alternative Facility and expected duration of time for which the 408 Alternative Facility will be used. If Contractor elects to use a facility that is different than the initial 409 Approved Facility(ies) or Alternative Facilities, it shall request written approval from the City 410 Contract Manager sixty (60) calendar days prior to use of the site and obtain City’s written 411 approval no later than ten (10) calendar days prior to use of the site. City’s approval may be 412 conditioned on such facility’s ability to guarantee sufficient Transfer, Processing, or Disposal 413 capacity to the City for the period of time proposed by Contractor for use of the proposed facility, 414 and the status of such facility’s permits.
415 Contractor is solely responsible for ensuring continued availability of City-approved Alternative 416 Facility(ies) throughout the Term.
417 C. Secondary Processing. Contractor may use the Secondary Processing Facilities listed in Exhibit G5. 418 Should Contractor wish to utilize a Secondary Processing Facility to perform services under this 419 Agreement that is not listed in Exhibit G5, Contractor shall request approval from the City Contract 420 Manager. Contractor shall provide any requested records, documentation, or other information 421 that the City considers reasonable to evaluate the impact on Post-Collection Services of the July 15, 2024 Page 12 City of San Leandro Post Collection 422 proposed Secondary Processing Facility. In particular, the City may not approve a facility on the basis 423 of any number of factors including distance from the City, demonstrated performance of the facility, 424 regulatory and litigation history of the facility, operating track record of the facility, cost of using 425 the facility, consistency of the facility with City, County, or State policy, or any other factor relevant 426 to the City Contract Manager. Contractor shall not commence use of the proposed Secondary 427 Processing Facility without written approval from the City, which will not be unreasonably withheld. 428 Contractor shall document use of all Secondary Processing Facilities in accordance with Exhibit D.3.8 429 and D.3.9.
430
431 4.2 ORGANIC MATERIALS PROCESSING
432 A. Processing. Contractor shall Accept all Organic Materials at the Approved Organic Materials 433 Processing Facility and shall Process such material in accordance with Contractor’s Proposal as 434 detailed in Exhibit G. Contractor shall operate the Approved Organic Materials Processing Facility in 435 accordance with Applicable Law and all standards of performance described in Article 5. Contractor 436 shall meet the following minimum Processing standards at the Approved Organic Materials 437 Processing Facility:
438 1 Pre-Processing activities shall include, at a minimum, the inspection for and removal of 439 Hazardous Waste and removal of plastic bags, where possible, and when commercial food 440 scraps are delivered separately from yard waste materials to the Processing facility. 441 2 Composting shall be accomplished by the use of recognized Composting methods, which have 442 been demonstrated to be able to consistently produce a stable, mature Compost product that 443 is suitable for general purpose use, similar to the U.S. Composting Council's Class 1 rating. 444 3 Post-Composting Processing activities shall include screening to remove plastics and other 445 contaminants from the Compost Product.
446 4. Finished Compost products shall meet environmental health standards in accordance with 447 Applicable Law including, but not limited to, the physical contamination limits of 14 CCR 448 Section 17868.3.1. Contractor shall make available upon City request any sampling reports 449 and supporting documentation necessary to demonstrate compliance with this Section. 450 B. Capacity Guarantee. Contractor guarantees sufficient capacity at the Approved Organic Materials 451 Processing Facility to Process all City Delivered Materials throughout the Term of the Agreement. 452 C. Diversion. Contractor shall Process all Organic Materials in a manner that maximizes Diversion and 453 is deemed not to constitute Landfill Disposal pursuant to 14 CCR Section 18983.1(a), which states 454 that Landfill Disposal includes final deposition of Organic Waste at a Landfill or use of Organic Waste 455 as ADC or AIC. After Processing, Contractor may Dispose of materials that do not have a higher or 456 better use as Residue or for Beneficial Reuse purposes, to the extent allowed by State and local law. 457 As required under 14 CCR Section 17867(a)(16) and 17896.44.1, Contractor shall determine and 458 report to the State quarterly the percentage of Organic Waste contained in materials Disposed. 459 In accordance with Exhibit D, Contractor shall submit a copy of such reports to the City Contract 460 Manager.
461 Contractor shall allow the City Contract Manger, or their designee, with or without prior notice, July 15, 2024 Page 13 City of San Leandro Post Collection 462 to observe Processing operations and periodically sample finished Compost and Residue 463 generated at the Approved Organic Materials Processing Facility to ensure compliance with this 464 Section 4.4.
465 D. Residue Allocation and Disposal. Contractor shall use the method of tracking and allocating 466 Organic Materials Residue levels approved by the City and outlined in Contractor’s Proposal detailed 467 in Exhibit G. Contractor’s Residue allocation methodology shall allow Contractor to accurately 468 allocate the City’s share of the total Residue generated from the Processing of Organic Materials at 469 the Approved Organic Materials Processing Facility. Contractor shall report Residue from Organic 470 Materials Processing to City monthly in accordance with Exhibit D. Contractor shall not change the 471 Residue level calculation method without prior, written, approval from the City. 472 Residue from the Contractor’s Processing of Organic Materials shall be Transported and Disposed 473 of by Contractor at Contractor’s sole expense. Contractor shall be fully responsible for the safe 474 Disposal of all such Residue in accordance with Applicable Law. Residue delivered for Disposal 475 shall not include any Excluded Materials.
476 E. Marketed Commodities. Contractor shall market Diverted materials in the Commodity categories 477 and grades listed in this Section. If the Contractor wants to modify the Commodity categories or 478 grades during the Term of the Agreement, the Contractor shall request approval from City and such 479 approval shall be obtained before changes are implemented. Commodity categories and grades 480 shall include, at minimum:
481 1. Compost
482 2. Soil Amendments
483 a. (Please describe):_Customer requested blends
484 F. Compost Product Procurement by City. Contractor shall serve as a broker for the City in procuring 485 compost to meet the City’s annual SB 1383 recovered organic waste product procurement target. 486 Contractor shall provide the City with copies of the invoices evidencing procurement of and 487 payment for compost by third party purchasers. When the purchaser procures the compost from 488 Contractor, the associated compost shall be credited towards the City’s SB 1383 procurement 489 targets. Invoices must include the date of purchase, the name of the entity, operations, or facility 490 purchasing the compost, the amount in tons or cubic yards purchased (assuming one (1) ton equals 491 one point six (1.6) cubic yards), and evidence that the purchaser has agreed to utilize the compost 492 as a direct service provider for the City. Contractor shall annually facilitate the procurement of four 493 thousand fifty-three (4,053) tons of compost for the City at a rate not to exceed thirteen ($13) 494 dollars per ton. Such compost shall be produced at the Approved Organic Materials Processing 495 Facility. At such time that the purchaser has purchased compost, Contractor shall provide the City 496 with the required information pursuant to the preceding paragraph. 497 Upon City request, Contractor shall reserve from the annual procurement requirement stated in 498 the preceding paragraph up to two thousand (2,000) cubic yards of compost for the City’s direct 499 use each year. Such compost shall be available, in bulk, for pickup at the Davis Street Resource 500 Recovery Complex and Transfer Station. The Parties shall agree on the week in which the compost 501 shall be available for pickup.
502 If the City is no longer required under Applicable Law to meet annual recovered organic waste July 15, 2024 Page 14 City of San Leandro Post Collection 503 product targets or the City’s annual recovered organic waste product procurement target 504 changes, the City may, at its sole discretion, sever the provisions of this Section or amend the tons 505 required for procurement without impact to the rest of the Agreement. Should the City request 506 changes to how compost is provided directly to the City (e.g. provided in bags instead of in bulk) 507 the Parties shall meet and confer to determine any change in cost for such service. 508 G. Changes to Accepted Materials. Contractor shall Accept all Organic Materials as defined in Exhibit 509 C and shall Accept all materials required to be Accepted and/or Composted by Applicable Law or 510 Extended Producer Responsibility Programs, including but not limited to, AB 1201, SB 1383, SB 54, 511 and SB 343, unless otherwise directed by the City. A change in the Acceptable materials list resulting 512 from a Change in Law shall not warrant an adjustment to the Contractor’s compensation, except as 513 otherwise provided for in Section 8.4.E.
514 If either Party is made aware of a required change in the Accepted materials list due to an Extended 515 Producer Responsibility Program or Applicable Law, that Party shall notify the other Party within 516 thirty (30) days of being made aware of such change. Upon City request, the Parties shall promptly 517 meet and confer to discuss the timeline and process for implementing such changes to the 518 Acceptable materials list. If the change in the Accepted material list is due to an Extended Producer 519 Responsibility Program, Contractor shall implement such changes in accordance with, and subject 520 to the limitations of, Section 3.7 and 8.4. Contractor shall implement changes to the Accepted 521 materials list upon approval by the City or by any required deadlines under Applicable Law, 522 whichever is sooner. Contractor shall maintain records in accordance with Section 3.7.D and Exhibit 523 D. Pursuant to Section 10.11, Contractor shall bear full responsibility for complying with all 524 Applicable Laws and provisions of this Agreement.
525 4.3 C&D PROCESSING
526 A. Processing. Contractor shall Accept all C&D at the Approved C&D Processing Facility and shall 527 Process such material in accordance with Contractor’s Proposal as detailed in Exhibit G. Contractor 528 shall operate the Approved C&D Processing Facility in accordance with Applicable Law and all 529 standards of performance described in Article 5. Contractor shall meet the following minimum 530 Processing standards at the Approved Organic Materials Processing Facility:
531 1. Load checking to remove any Excluded Materials
532 2. Maintaining the separation of Source-Separated C&D from Mixed C&D 533 3. Pre-sorting of large items prior to further Processing 534 4. Mechanical separation of two-dimensional and three-dimensional materials 535 5. Separation of individual Commodities via manual and/or mechanical methods, and/or use of 536 advanced sorting technologies (e.g., optical sorters) 537 6. Final screening and quality control for all recovered material Commodities 538 B. Capacity Guarantee. Contractor guarantees sufficient capacity at the Approved C&D Processing 539 Facility to Process all City Delivered Materials throughout the Term of the Agreement. 540 C. Diversion. Contractor shall at all times maintain a Diversion percentage of at least sixty-five percent 541 (65%), assuming such material may be used as ADC, and ADC is deemed diversion, or thirty-three 542 percent (33%) without use as ADC for Mixed C&D Tons delivered by the Collection Contractor and July 15, 2024 Page 15 City of San Leandro Post Collection 543 eighty-five percent (85%) (assuming no residue for inbound tons) for Source Separated C&D Tons 544 delivered by the Collection Contractor. Contractor shall obtain City approved C&D certification from 545 Third-Party C&D Accreditors to ensure compliance with such Diversion requirements, Applicable 546 Law, and generally accepted Processing and Diversion standards. Contractor shall maintain records 547 of any information or documentation required to demonstrate compliance with the City approved 548 Third-Party C&D Accreditor requirements and immediately notify the City of changes to the 549 Contractor’s certification status. Contractor shall maintain the Third-Party C&D Accreditor’s 550 certification for the Term of the Agreement. City may request that documentation related to 551 Contractor’s certification by a Third-Party C&D Accreditor be included in the monthly or Annual 552 Report(s). City shall notify the Contractor of this request within ten (10) Business Days prior to the 553 submittal deadline of the monthly and/or Annual Report where the information is to be included. 554 Contractor shall comply with the data collection and recordkeeping requirements of CalRecycle 555 and CALGreen including Part 11 CALGreen requirements for the Processing and Recycling of C&D 556 Debris including Organic Waste. Contractor shall cooperate with efforts by City to comply with 557 CALGreen requirements as provided above. Such cooperation shall include utilizing the 558 recordkeeping and data tracking system requested by the City. Further cooperation may include 559 assisting City with preparation and distribution of informational materials and providing City with 560 any records and information that the City Contract Manager believes is reasonably necessary to 561 demonstrate compliance.
562 D. Residue Allocation and Disposal. Contractor shall use the method of tracking and allocating C&D 563 Residue levels approved by the City and outlined in Contractor’s Proposal detailed in Exhibit G. 564 Contractor’s Residue allocation methodology shall allow Contractor to accurately allocate the City’s 565 share of the total Residue generated from the Processing of C&D at the Approved C&D Processing 566 Facility. Contractor shall not change the Residue level calculation method without prior, written, 567 approval from the City.
568 Residue from the Contractor’s Processing of C&D shall be Transported and Disposed of by 569 Contractor at Contractor’s sole expense. Contractor shall be fully responsible for the safe Disposal 570 of all such Residue in accordance with Applicable Law. Residue delivered for Disposal shall not 571 include any Excluded Materials.
572 E. Marketed Commodities. Contractor shall market Diverted materials in the Commodity categories 573 and grades listed in this Section. If the Contractor wants to modify the Commodity categories or 574 grades during the Term of the Agreement, the Contractor shall request approval from City and such 575 approval shall be obtained before changes are implemented. Commodity categories and grades 576 shall include, at minimum:
577 1. Cardboard
578 2. Metal/Steel
579 3. Plastics
580 4. Glass
581 5. Wood
582 • Grade A Wood
583 • Grade B Wood
July 15, 2024 Page 16 City of San Leandro Post Collection 584 6. Concrete/Brick
585 7. Gypsum
586 8. Plaster
587 9. Asphalt
588 10. Carpet
589 4.4 SOLID WASTE AND RESIDUE DISPOSAL
590 A. General. Contractor shall Accept all Solid Waste at the Approved Disposal Facility and shall Dispose 591 of such material in accordance with Contractor’s Proposal as detailed in Exhibit G. Contractor shall 592 operate the Approved Disposal Facility in accordance with Applicable Law and all standards of 593 performance described in this Section and in Article 5. 594 B. Capacity Guarantee. Contractor guarantees sufficient capacity at the Approved Disposal Facility to 595 receive all City Delivered Materials throughout the Term of the Agreement. Contractor shall 596 annually provide evidence of the current and future capacity of the Approved Disposal Facility in 597 accordance with Exhibit D, Section 3.3.
598 C. Disposal Specifications. Contractors shall operate, manage, and maintain the Solid Waste fill areas, 599 including the placement, burying, and compaction of Solid Waste in the refuse fill areas; stockpiling, 600 placement, and compaction (if necessary) of daily cover, intermediate cover, and final cover; and, 601 management of fill operations including, but not limited to fill sequencing, side slopes configuration, 602 and working face location and configuration.
603 Contractor shall safely and lawfully Dispose of City Delivered Materials at the Approved Disposal 604 Facility in lined cells meeting requirements of Subtitle D of RCRA, if such cells are required in 605 accordance with Applicable Law.
606 Contractor shall operate, maintain, and manage leachate and landfill gas management systems, 607 groundwater monitoring and management systems, storm water drainage and control systems, 608 treatment facilities, buildings, on-site roadways, utilities, and any other required Approved 609 Disposal Facility elements.
610 D. Closure and Post Closure. Contractor shall safely operate, maintain, and manage the Approved 611 Disposal Facility in compliance with Applicable Law not only during the Term, but also thereafter 612 until and during the Facility Closure and Post-Closure period(s) (including fulfillment of State funding 613 requirements). Contractor’s compliance obligations include compliance with the Closure/Post614 Closure requirements of California's Department of Resources Recycling and Recovery (CalRecycle) 615 throughout the Term of this Agreement and through the required Federal, State, or local Post616 Closure period. Contractor is solely responsible, operationally and financially, for: (i) the appropriate 617 Closure and Post-Closure activities of the Facility; and, (ii) the establishment and funding of any 618 reserve funds required by Applicable Law for the purposes of providing funds for the payment of 619 costs of Closure of the Approved Disposal Facility (or any cell within the Approved Disposal Facility) 620 or Post-Closure activities relating to the Approved Disposal Facility. Contractor shall not hold City or 621 the Collection Contractor responsible for paying any deficiencies in required reserves. In addition, 622 Contractor shall not hold City or the Collection Contractor responsible for making any payments if 623 actual Closure and Post-Closure costs relating to the Approved Disposal Facility exceed the amounts July 15, 2024 Page 17 City of San Leandro Post Collection 624 reserved by the Contractor for that purpose. This obligation survives expiration or termination of 625 the Agreement.
626 4.5 CLIMATE AND DISASTER RESILIENCY
627 A. Climate and Disaster Resiliency Planning. No less than ninety (90) calendar days prior to the 628 Commencement Date, the Parties shall meet to discuss development of a Climate and Disaster 629 Response Plan to address the role of the Contractor in addressing City’s disaster debris management 630 needs related to wartime, natural, physical, or other disaster in, or proximate to the City resulting 631 in the declaration of a State of Emergency by the City Manager or City Council, as well as any 632 measures that may be necessary for the Contractor to take over time to address climate change. 633 B. Disaster Response Protocol. The Parties shall develop and finalize a Disaster Response Protocol 634 prior to the Commencement Date that identifies specific communication and logistical actions, and 635 such other coordination between the Parties and internal to each Party such that Contractor 636 assistance can occur immediately following City declaration of an emergency, except as provided in 637 Section 10.7. The protocol shall become part of the Climate and Disaster Response Plan to be 638 developed by the Parties as provided in in this Section. The Parties shall review the Protocol no less 639 than annually and revise as warranted.
640 C. Essential Service. Contractor acknowledges that it provides an essential service, and that while 641 Processing and Disposal services during or following a disaster may be affected by impacts to 642 facilities, equipment, and/or public infrastructure, Contractor is obligated to take all measures 643 necessary to provide such service in a timely and effective manner in compliance with this 644 Agreement, except as provided in Section 10.7.
645 D. Use of Contractor’s Facility. In the event of a State of Emergency declared by the City Manager or 646 City Council, Contractor shall provide Disposal capacity for up to ten thousand (10,000) tons of 647 disaster debris from the City, at a cost not to exceed the then current Per-Ton Rates for Disposal 648 E. Contractor Reimbursement for Use of Additional Resources. Should Contractor provide additional 649 Disposal capacity during a declared State of Emergency beyond that normally required to perform 650 services under this Agreement, Contractor shall submit to City an invoice for the additional tons 651 delivered for Disposal. City shall compensate Contractor for such Tons Disposed within two hundred 652 and seventy (270) calendar days or upon receipt of State and/or Federal emergency agency 653 reimbursement specific to the City’s Disposal costs, whichever is sooner. Should any costs borne by 654 Contractor by disputed by City, Contractor and City shall resolve such a dispute in accordance with 655 Section 10.9. Contractor shall reasonably cooperate with City, State and/or Federal reporting and 656 documentation requirements related to City receipt of State and/or Federal emergency agency 657 reimbursement, including if City is pursuing reimbursement after having paid the Contractor. 658 4.6 MATERIAL MARKETING
659 Contractor shall market Diverted Materials in accordance with this Section. 660 A. Market Arrangements. Contractor shall continually monitor market conditions and engage in 661 marketing activities to assure continuous material movement to the extent practicable and 662 consistent with applicable laws and programs described in subsection C below.
July 15, 2024 Page 18 City of San Leandro Post Collection 663 B. Commodities Marketed. Contractor shall market Recovered Materials in the Commodity categories 664 and grades listed in Sections 4.2 through 4.3. If the Contractor wants to modify the Commodity 665 categories or grades during the Term of the Agreement, the Contractor shall request approval from 666 City and such approval shall be obtained before changes are implemented. 667 C. Highest and Best Use. Contractor’s marketing strategy shall promote the highest and best use of 668 materials for waste reduction, prevention, reuse, refill, repair, recovery, and Recycling as 669 established by Applicable Laws and Extended Producer Responsibility Programs. Where practical, 670 the marketing strategy should include use of local, regional, and domestic markets, in this 671 preferential order, for Diverted materials.
672 D. Responsible End Markets. Contractor shall ensure City Delivered Materials are Delivered to and 673 Recycled, Composted, and/or Processed at Responsible End Markets and shall maintain all records 674 necessary to demonstrate compliance with this Section and Applicable Law. Contractor shall 675 provide records demonstrating compliance with this Section to City in accordance with Exhibit D. 676 4.7 PUBLIC EDUCATION AND OUTREACH
677 A. General. Contractor acknowledges that they are part of a multi-party effort to operate and educate 678 the public about the regional integrated waste management system. Contractor shall proactively 679 and on an ongoing basis cooperate with, and coordinate with, the City Contract Manager and 680 Collection Contractor on the design and expansion of the public education materials. The Contractor 681 shall have a supporting role in developing education materials used to educate City residents and 682 businesses on proper use of City Solid Waste, Recycling, and Composting programs, Applicable Laws 683 and Extended Producer Responsibility Programs, and how to reduce waste generation. Such role 684 may include, but not be limited to, providing data and information relevant to conveying messages 685 to the public about what happens to City Delivered Materials after Collection, providing statistics 686 for the development of fact sheets, providing details on operations and sorting methods, and 687 proactively informing the City and Collection Contractor of City Delivered Materials that are not able 688 to be effectively Recycled or Composted.
689 B. Collaboration with City. From time to time during the Term of the Agreement, the City may request 690 Contractor to provide suggestions for educating residents and businesses in the City Service Area to 691 reduce the level of Contamination in the City Delivered Materials. Contractor shall provide its 692 suggestions in writing within fourteen (14) Working Days of the City’s request and, upon request, 693 shall attend meetings with the City to discuss education strategies and efforts. 694 C. Tours. Contractor shall coordinate with the City and work cooperatively to provide community 695 services such as tours and education about Recycling and facility operations. Upon a request with 696 seven days’ notice by the City, Contractor shall provide tours of the Approved Facility(ies). 697 Contractor shall not charge the City for labor, overhead, overtime, or any other costs associated 698 with any such tours.
699 4.8 PUBLIC DROP-OFF FOR DISPOSAL
700 Annually, and at no additional cost, Contractor shall accept up to two (2) cubic yards of Discarded 701 Materials and C&D Debris from residents of the City of San Leandro at the Davis Street Resource Recovery 702 Complex and Transfer Station. Contractor shall accept materials from residents on a designated day each 703 year as mutually determined by the Parties. Contractor shall provide such service to any customer with a July 15, 2024 Page 19 City of San Leandro Post Collection 704 valid identification proving residency within the City of San Leandro. Contractor shall establish a specific 705 San Leandro residency code to track the volume of materials self-hauled on the public drop-off day. 706 Contractor shall report the number of Customers and volume of materials collected during the annual 707 drop-off event within thirty (30) days of the event. Any amount over two (2) cubic yards will require 708 payment of the posted gate rate.
709 ARTICLE 5.
710 STANDARD OF PERFORMANCE
711 5.1 GENERAL
712 Contractor shall at all times comply with Applicable Law and provide services in a manner that is safe to 713 the public and the Contractor’s employees. Except to the extent that a higher performance standard is 714 specified in this Agreement, Contractor shall perform services in accordance with Post Collection Services 715 management practices common to the San Francisco Bay Area. 716 5.2 OPERATION STANDARDS
717 5.2.1 Permits
718 A. Securing Permits. Contractor shall obtain and maintain at Contractor’s sole cost all permits required 719 under Applicable Law to perform Post-Collection Services. Contractor shall provide City proof of 720 permits and shall demonstrate compliance with the terms and conditions of permits promptly upon 721 request of City. In its Annual Report or more frequently, as necessary, Contractor shall inform City 722 of any permit-related or regulatory concerns and Contractor’s status of securing the issuance, 723 revision, modification, extension, or renewal of permits necessary to address such concerns. 724 Promptly upon City direction, Contractor shall provide City with copies of permits and any 725 applications or other correspondence that the Contractor submits in connection with securing 726 Permits.
727 B. Complying with Permits. Contractor shall at all times provide services in compliance with all 728 Permits, including any mitigation measures related to the operation and maintenance of the 729 Approved Facility(ies). Contractor is solely responsible for paying any fines or penalties imposed for 730 noncompliance with or violation of permits or failure to obtain permits. 731 5.2.2 Rejection of Unpermitted Waste
732 A. Inspection. Contractor shall use standard industry practices to detect and reject Unpermitted 733 Waste in a uniform and non-discriminatory manner and shall not knowingly Accept Unpermitted 734 Waste at the Approved Facility(ies). Contractor shall comply with the inspection procedure 735 contained in its permit requirements and in accordance with its operations plan. Contractor shall 736 promptly modify that procedure to reflect any changes in permits or Applicable Law. 737 Contractor shall develop a load inspection program that includes the following components: (i) 738 personnel and training; (ii) load checking activities; (iii) management of Unpermitted Waste; and, 739 (iv) record keeping and emergency procedures. Contractor’s load checking personnel shall be 740 trained in: (i) the effects of Hazardous Substances on human health and the environment; (ii) 741 identification of prohibited materials; and, (iii) emergency notification and response procedures.
July 15, 2024 Page 20 City of San Leandro Post Collection 742 B. Remedies for Rejected Materials. If Contractor identifies Unpermitted Waste delivered to the 743 Approved Facility(ies) by Collection Contractor or other Person(s), Contractor may reject the 744 Unpermitted Waste and require the Person(s) bringing such Unpermitted Waste to the Approved 745 Facility(ies) to remove it. The cost of removal and proper handling and Disposal shall be the 746 responsibility of such Person(s) delivering Unpermitted Waste. Contractor shall also be entitled to 747 pursue whatever remedies, if any, it may have against Person(s) bringing that Unpermitted Waste 748 to the Approved Facility(ies).
749 Should Contractor inadvertently Accept in a lawful manner Unpermitted Waste, Contractor shall 750 bear all responsibility for handling, Transporting, and Processing or Disposing of such material in 751 accordance with Applicable Law, unless the Person(s) bringing the Unpermitted Waste can be 752 identified, in which case the cost of removal and proper handling and disposal shall be chargeable 753 to such identified Person(s). Contractor shall be solely responsible for making arrangements for the 754 final Disposition of Accepted Unpermitted Waste and all costs thereof except as provided above. In 755 no event shall the City be responsible for making arrangements for the handling of Accepted 756 Unpermitted Waste or the costs thereof.
757 C. Notification. If the Contractor rejects Unpermitted Waste delivered by the Collection Contractor, 758 Contractor shall immediately notify the City verbally and then follow verbal notifications with a 759 written notice identifying the date and time of occurrence, material type, material weight or 760 volume, characterization of material, the Contractor’s reason for rejection of the delivered material, 761 photographs of the material, and the identification number or information of the vehicle that 762 Delivered the material.
763 D. Quarantined Waste. If approved by the City Contract Manager, Contractor may Dispose of, rather 764 than Process, specific types of Organic Materials that are subject to quarantine and that meet the 765 requirements described in 14 CCR Section 18984.13(d), for a period of time specified by the City 766 Contract Manager or until the City provides notice that the quarantine has been removed. In 767 accordance with Exhibit D, the Contractor shall maintain records and submit reports regarding 768 compliance agreements for quarantined Organic Materials that are Disposed of pursuant to this 769 subsection.
770 5.2.3 Prohibited Container Contaminants Monitoring
771 A. General. Contractor shall actively work with the Collection Contractor throughout the Term of this 772 Agreement to monitor the levels of Prohibited Container Contaminants in City Delivered Materials 773 at the Approved Facility(ies). Contractor shall inform Collection Contractor of specific days and/or 774 loads that contain high levels of Prohibited Container Contaminants, the type of Prohibited 775 Container Contaminants most frequently found in City Delivered Materials, and any other related 776 information that may be useful for the Collection Contractor in identifying the types of Prohibited 777 Container Contaminants and developing strategies to reduce contamination and to target 778 information in the Collection Contractor’s education and outreach efforts to Generators. 779 Contractor shall Accept all City Delivered Materials that contain Prohibited Container 780 Contaminant levels equal to or less than the following: (i) Residential Organic Materials and 781 Commingled food waste and yard waste: three percent (3%), (ii) Source Separated Food Scraps:
782 twenty percent (20%.). In the event that such vehicle load delivered by Collection Contractor 783 exceeds such Prohibited Container Contaminant thresholds, Contractor may reject the load in 784 accordance with the load rejection procedures outlined in Section 5.2.2. Should Contractor’s pre- July 15, 2024 Page 21 City of San Leandro Post Collection 785 Processing operations and equipment as described in Exhibit G be unable to reduce 786 contamination levels of Accepted Source Separated Food Scraps to three percent (3%) on a 787 consistent basis, the Parties shall promptly meet and confer to discuss strategies for reducing 788 contamination levels. Contractor shall be responsible for demonstrating actual contamination 789 levels in a manner reasonably satisfactory to the Contract Manager. Contractor shall continue to 790 Accept all Source Separated Food Scraps delivered by Collection Contractor that meets the 791 contamination thresholds as described in this Section during the meet and confer period. 792 Contractor shall not implement any changes to the contamination monitoring procedures 793 described in this Section without the prior written approval of the City Contract Manager. 794 5.2.4 Days and Hours of Operation
795 A. General. Contractor shall operate the Approved Facility(ies) for the receipt of City Delivered 796 Materialsin accordance with the days and hours of operation set forth in its permits and as specified 797 below.
798 1. At a minimum, Contractor shall Accept Residential Organic Materials at the Approved 799 Residential Organic Materials Processing Facility from Monday – Thursday, 6 a.m. – 4 p.m. and 800 Fridays 6 a.m. – 6 p.m., except for Holidays.
801 2. At a minimum, Contractor shall Accept C&D Debris at the Approved C&D Processing Facility 802 and Source Separated Food Scraps at the Approved Commercial Organic Materials Processing 803 Facility from Monday – Friday, 4 a.m. – 9 p.m., Saturday 5 a.m. – 3 p.m., except for Holidays. 804 3. At a minimum, Contractor shall Accept Solid Waste at the Approved Disposal Facility from 805 Monday – Friday, 12:00 a.m. – 11:59 p.m., Saturday 4 a.m. – 12 p.m., except for Holidays. 806 While Contractor may increase these hours, Contractor may not reduce the hours or total number 807 of hours for Acceptance of City Delivered Materials without the concurrence of City and Collection 808 Contractor, unless reductions are required by a change in a permit subsequent to the Effective 809 Date.
810 B. Holiday Schedule. Contractor, at its sole discretion, may choose not to provide Post-Collection 811 Services on a Holiday. In such event, Contractor shall provide Post-Collection Services on the 812 Business Day following the Holiday closure. Contractor shall not change its designation of Holidays 813 or Holiday-related closures of Approved Facilities without prior, written, approval by the City. 814 Contractor shall make any requested changes to a Holiday schedule no less than six (6) months in 815 advance of the requested Holiday change.
816 5.2.5 Equipment and Supplies
817 Contractor shall equip and operate the Approved Facilities in a manner to fulfill Contractor’s obligations 818 under this Agreement. Contractor is solely responsible for the adequacy, safety, and suitability of the 819 Approved Facilities. Contractor shall modify, enhance, and/or improve the Approved Facilities as needed 820 to fulfill Post-Collection Services under this Agreement. Contractor shall provide all rolling stock, 821 stationary equipment, material storage containers, spare parts, maintenance supplies, Processing 822 equipment, and other consumables as appropriate and necessary to operate the Approved Facilities and 823 provide all Post-Collection Services required by this Agreement. Contractor shall place the equipment in 824 the charge of competent operators. Contractor shall repair, maintain, and as necessary, replace all 825 equipment at its own cost and expense.
July 15, 2024 Page 22 City of San Leandro Post Collection 826 5.2.6 Traffic Control and Direction
827 Contractor shall construct and maintain all roads required to Transport City Delivered Materials from the 828 Approved Facility(ies) site entrance to scale house and to the actual point of unloading at the Processing 829 or Disposal area of the Approved Facility(ies). Contractor shall direct on-site traffic to appropriate 830 unloading areas and provide a safe working environment for Approved Facility(ies) users, visitors, and 831 employees. Contractor shall provide necessary roadways, signs, and personnel to assist drivers to proper 832 unloading areas. Contractor shall maintain all roadways and signs at the Approved Facility(ies) in a clean 833 and usable condition. The Contractor shall provide and maintain roadways and signs for the convenience 834 of vehicles using the Approved Facility(ies) and to facilitate safe and efficient traffic flow at the Approved 835 Facility(ies).
836 5.2.7 Vehicle Turnaround Times
837 A. General. Contractor shall maintain a maximum vehicle turnaround time of forty (40) minutes or less 838 for Collection Contractor delivery of City Delivered Materials to the Approved Disposal or 839 Residential Organics Processing Facilities. Contractor shall maintain a maximum vehicle turnaround 840 time of thirty (30) minutes or less for Collection Contractor delivery of City Delivered Materials to 841 the Approved C&D or Commercial Organics Processing Facilities.). Turnaround time shall be 842 measured from when the vehicle passes through a scale to when it exist a scale; as measured 843 through the Collection Contractors onboard GPS tracking system. This excludes instances when the 844 driver exits the vehicle or force majeure events. Failure to meet this guaranty for more than five (5) 845 consecutive Working Days or more than ten (10) Working Days in any sixty day (60) period, equates 846 to default of Contractor’s performance obligations under this Agreement. Contractor shall have a 847 twenty-four (24) hour period to cure this breach before Liquidated Damages are assessed in 848 accordance with this Section and Section 10.6.
849 B. Guaranteed Collection Vehicle Turnaround Time. Contractor shall operate the Approved 850 Facility(ies) so that all Collection Contractor vehicles are processed, unloaded, and exited from the 851 Approved Facility(ies) property in a timely manner such that the maximum turnaround time is no 852 more than the time allocated above in subsection A. 853 C. Supporting Documentation. Upon City request, Contractor shall provide the City reports or access 854 to electronic scale house system records and/or on-site camera recording that provide the City 855 information to determine actual vehicle turnaround times. Contractor acknowledges that the City 856 may conduct on-site surveys to verify compliance with the guaranteed vehicle turnaround times for 857 Collection Contractor’s vehicles. The Contractor acknowledges that the City may also use GPS 858 (global positioning system) records provided by Collection Contractor for Collection Contractor’s 859 vehicles to calculate actual vehicle turnaround times. At Contractor option, Contractor may, at its 860 own cost, implement and maintain a technology-based vehicle tracking system of recording 861 inbound and outbound Collection Contractor’s vehicle times (such as a system that uses RFID 862 vehicle tags and RFID readers). Such system shall not inconvenience the Collection Contractor or 863 City or delay Collection Contractor’s vehicles from arriving and departing the Approved Facility(ies). 864 D. Complaint Resolution. Contractor shall respond within five (5) Business Days to any written 865 Complaint received from the City or Collection Contractor related to vehicle turnaround times. 866 Contractor shall work directly with the Collection Contractor to identify and resolve issues that are 867 causing vehicle turnaround times to extend beyond the maximum vehicle turnaround time stated 868 in subsection B. Contractor may provide evidence disputing any Complaint received by the July 15, 2024 Page 23 City of San Leandro Post Collection 869 Collection Contractor provided the evidence is in the form of camera recordings of Collection 870 Contractor’s vehicle(s), scale house records, or other documented timestamp of the Collection 871 Contractor’s arrival and departure times from the Approved Facility(ies). Contractor’s evidence shall 872 be presented no later than ten (10) Business Days after receipt of Collection Contractor or City’s 873 written notice of Complaint(s). City shall review both Contractor and Collection Contractor’s 874 evidence and provide written notice of the City’s determination that the Complaint was valid or 875 invalid. The Liquidated Damages payment shall be paid in accordance with Section 10.6 and shall be 876 equal to one hundred dollars ($100.00) in Rate Period One for each Collection Contractor vehicle 877 with a Turnaround Time greater than the Maximum Vehicle Turnaround Time. The liquidated 878 damage amount shall be adjusted annually thereafter by CPI. 879 E. Consequences for Failure to Meet the Guaranteed Vehicle Turnaround Times. Should Contractor 880 fail to meet the guaranteed maximum turnaround times for Collection Contractor’s vehicles 881 described in this Section, Liquidated Damages may be assessed by the City in the amounts stated in 882 Exhibit F unless Contractor proves to the reasonable satisfaction of the City that a Complaint 883 regarding a Collection Contractor’s vehicle turnaround time exceeding the guaranteed vehicle 884 turnaround time was not valid pursuant to subsection D above. 885 F. Assessment of Liquidated Damages. The City understands that a failure by Contractor to meet the 886 maximum vehicle turnaround time incurs damages upon the Collection Contractor and shall 887 therefore provide notice of its intent to assess Liquidated Damages to the Contractor within sixty 888 (60) Business Days of City becoming aware of the Contractor’s failure to meet the Maximum Vehicle 889 Turnaround Time. The assessment of Liquidated Damages shall be made in accordance with Section 890 10.6 and collected by City on behalf of the Collection Contractor. 891 5.2.8 Scale Operation
892 A. Maintenance and Operation. Contractor shall maintain at least two (2) State-certified motor vehicle 893 scales at the Approved Facility(ies) in accordance with Applicable Law. Contractor shall link all scales 894 to a centralized computer recording and billing system that shall be compatible with Contractor’s 895 systems and account for tracking all incoming and outgoing materials. Contractor shall operate 896 those scales during the Approved Facility(ies) receiving hours established in Section 5.2.4. 897 Contractor shall provide City with access to weighing information at all times and copies thereof on 898 the next Working Day following City’s request therefore. 899 B. Tare Weights for Collection Contractor Vehicles. Within thirty (30) calendar days prior to the 900 Commencement Date, Contractor shall coordinate with the Collection Contractor to ensure that all 901 single-body Collection vehicles used by Collection Contractor to Deliver City Delivered Materials to 902 the Approved Facility(ies) are weighed to determine unloaded (“tare”) weights. Collection vehicles 903 that are not single-body construction, such as trucks that transport roll-off boxes or compactors or 904 have detachable tractors, shall weigh-in and weigh-out. Contractor shall electronically record the 905 tare weight, identify vehicle as Collection Contractor owned, and provide a distinct vehicle 906 identification number for each vehicle. Contractor shall provide City with a report listing the vehicle 907 tare weight information upon request. Contractor shall promptly coordinate with Collection 908 Contractor to weigh additional or replacement Collection vehicles prior to Collection Contractor 909 placing them into service. Contractor shall check tare weights at least annually, or within fourteen 910 (14) calendar days of a City request and shall coordinate with the Collection Contractor to re-tare 911 vehicles immediately after any major maintenance service on a Collection vehicle.
July 15, 2024 Page 24 City of San Leandro Post Collection 912 C. Substitute Scales. If any scales are inoperable, being tested, or otherwise unavailable, Contractor 913 shall use reasonable business efforts to weigh vehicles on the remaining operating scales. To the 914 extent that all the scales are inoperable, being tested, or otherwise unavailable, Contractor shall as 915 soon as possible substitute portable scales until the permanent scales are replaced or repaired. 916 Contractor shall arrange for any inoperable scale to be repaired as soon as possible and, in any 917 event, within seventy-two (72) hours (excluding Holidays) of the failure of the permanent scale. If 918 repairs to the permanent scale are projected to take more than twelve (12) hours, Contractor shall 919 immediately obtain a temporary substitute scale(s). 920 Contractor shall as soon as possible provide back-up generator(s) capable of supplying power to 921 the scales in the event of a power outage.
922 D. Estimates. Pending substitution of portable scales or during generator outages, Contractor shall 923 estimate the Tonnage of City Delivered Materials delivered to the Approved Facility(ies) by utilizing 924 the arithmetic average of each vehicle’s recorded Tons of the City Delivered Materials delivered on 925 its preceding three (3) deliveries, on the same calendar day of the week, to the Approved 926 Facility(ies). Contractor shall continue to record all information required by this Section 5.2.8 for 927 each delivery of City Delivered Materials to the Approved Facility(ies) and each Transported load of 928 City Delivered Materials during any period the scales are out of service. 929 E. Testing. Contractor shall test and calibrate all scales in accordance with Applicable Law, but at least 930 every twelve (12) months. Upon City request, Contractor shall promptly provide City with copies of 931 test results. Contractor shall further test and calibrate any or all scales within three (3) Working 932 Days of City direction. If test results indicate that the scale or scales complied with Applicable Law, 933 City shall reimburse Contractor the direct costs of the tests. If the test results indicate that the scale 934 or scales did not comply with Applicable Law, Contractor shall bear the costs thereof and Contractor 935 shall at its own cost adjust and correct, consistent with the results of that test, all weight 936 measurements recorded and Per-Ton Rates calculated, charged, and paid, as the case may be, from 937 the date of City’s direction.
938 F. Weighing Standards and Procedures. Contractor shall use the Approved Facility’s(ies’) entry 939 scale(s) located at the scale house to weigh vehicles and charge Per-Ton Rates. Contractor scale 940 house personnel shall be responsible for inspecting City Delivered Materials delivered to the 941 Approved Facility(ies). Contractor shall charge the Per-Ton Rate approved by the City for each 942 material type delivered by the Collection Contractor. The total rate charged per load of City 943 Delivered Material shall be based on the material type and the total Tonnage of City Delivered 944 Materials in the Collection Contractor’s vehicle. Contractor shall weigh and record inbound weights 945 of all Collection Contractor’s vehicles when the vehicles arrive at the Approved Facility(ies) and 946 weigh and record outbound weights of vehicles for which Contractor does not maintain tare weight 947 information. Contractor shall provide each driver a receipt showing the date, time in, time out, 948 Facility name and address, ticket number, operator identification, customer number, vehicle 949 identification, waste origination, total amount due, a description of weight codes where applicable, 950 material types, gross weight, tare weight, net weight, and quantity, of each material type of City 951 Delivered Materials that the vehicle delivered to the Approved Facility(ies) and the Per-Ton Rate 952 charged therefore.
953 G. Records. Contractor shall maintain scale records and reports that provide information including 954 date of receipt, inbound time, inbound weights of vehicles, vehicle identification number, July 15, 2024 Page 25 City of San Leandro Post Collection 955 jurisdiction of origin of materials received, type of material, hauler identification and/or 956 classification, type, weight, destination of material (such as, with respect to a Transfer station, to a 957 landfill or material recovery facility operations), and all other information as required in accordance 958 with Article 6.
959 H. Upon-Request Reporting. If vehicle receiving and unloading operations are recorded on video 960 cameras at the Approved Facility(ies), Contractor shall make those videos available for City review 961 during the Approved Facility’s(ies’) operating hours, upon request of the City, and shall provide the 962 name of the driver of any particular load if available. City acknowledges that Contractor only 963 maintains limited video storage capacity and that older video records are overwritten when storage 964 capacity is reached.
965 5.2.9 Safety
966 The Contractor shall perform all Post-Collection Services in a safe manner, in accordance with Applicable 967 Law and insurance requirements provided in Article 9. 968 5.2.10 Due Diligence
969 Contractor acknowledges that management of City Delivered Materials is a public health and safety 970 concern. It agrees that it will exercise due diligence in performing Post-Collection Services. 971 5.2.11 Right to Enter Facility(ies) and Observe Operations 972 The City and its designated representative(s) may enter, observe, and inspect the Approved Facility(ies) 973 at any time during Approved Facility(ies) operations and meet with the Approved Facility(ies) manager(s) 974 or their representatives upon at least seventy-two (72) hours advance request, provided that City and its 975 representatives comply with Contractor’s reasonable safety and security rules and do not interfere with 976 the work of the Contractor or its Subcontractors.
977 Contractor acknowledges City, other governmental agencies, or Extended Producer Responsibility 978 Programs may wish to perform generation and characterization studies periodically with respect to 979 materials covered under this Agreement. Contractor agrees that upon direction from the City, Contractor 980 shall participate in and cooperate with City and other such agenciesto perform studies and data collection 981 exercises, as needed, to determine weights, volumes and composition of materials generated, Disposed, 982 Diverted or otherwise Processed at the Approved Facility(ies), as applicable. If City requires Contractor to 983 participate in such a study, Contractor and City shall mutually agree on the scope of services to be 984 provided by Contractor and the amount of compensation, if any, that the City will pay to Contractor for 985 such participation. In accordance with Sections 3.7 and 8.4, if any such studies are required under an 986 Extended Producer Responsibility Program, the Contractor’s participation in such study shall not warrant 987 an increase to the Contractor’s compensation, except as otherwise provided for in Section 8.4. .In any 988 event, Contractor shall permit and in no way interfere with the Transport and handling of the subject 989 materials by other Persons for such purposes.
990 5.3 VEHICLE REQUIREMENTS
991 A. General. All Post-Collection operations shall be in compliance with Applicable Laws, including those 992 related to Contractor’s operational fleet.
July 15, 2024 Page 26 City of San Leandro Post Collection 993 B. Maintenance and Operation. Contractor shall have available sufficient back-up vehicles for each 994 type of vehicle used to respond to scheduled and unscheduled maintenance, service requests, and 995 emergencies. Contractor’s vehicles shall utilize Recycled motor oil to the extent practicable (only 996 when authorized engine manufacturer). Contractor shall not place the City's logo on its vehicles. 997 Contractor shall repair, or arrange for the repair of, all of its equipment for which repairs are needed 998 because of accident, breakdown, or any other cause so as to maintain all equipment in a safe and 999 operable condition.
1000 5.4 PERSONNEL
1001 A. General. Contractor shall engage, train, and maintain qualified and competent employees, 1002 including managerial, supervisory, clerical, maintenance, and operating personnel, in numbers 1003 necessary and sufficient for operation of Approved Facility(ies) and to perform Post-Collection 1004 Services required by this Agreement in a safe and efficient manner. Contractor shall designate at 1005 least one (1) qualified employee as City’s primary point of contact with Contractor who is principally 1006 responsible for facility operations and resolution of service requests and Complaints. 1007 Contractor shall use its best efforts to assure that all employees present a neat appearance and 1008 conduct themselves in a courteous manner. Contractor shall not permit its employees to accept, 1009 demand, or solicit, directly or indirectly, any additional compensation or gratuity from Collection 1010 Contractor or members of the public.
1011 B. Driver and Equipment Operator Qualifications. All drivers must have in effect a valid driver’s 1012 license, of the appropriate class, issued by the California Department of Motor Vehicles. Contractor 1013 shall use the Class II California Department of Motor Vehicles employer “Pull Notice Program” to 1014 monitor its drivers for safety. All equipment operators shall be appropriately licensed and/or 1015 credentialed, as required by law or Contractor’s policies, for the type and size of equipment they 1016 will operate at all times.
1017 C. Safety Training. Contractor shall provide suitable operational and safety training for all of its 1018 employees who operate vehicles or equipment. Contractor shall train its employees involved in load 1019 inspections to identify, and not to Accept, Excluded Materials. Upon the City Contract Manager’s 1020 request, Contractor shall provide a copy of its safety policy and safety training program, the name 1021 of its safety officer, and the frequency of its trainings. 1022 D. Key Personnel. Contractor shall make every reasonable effort to maintain the stability and 1023 continuity of Contractor’s staff assigned to perform the services required under this Agreement. 1024 Contractor shall notify the City of any changes in Contractor’s key staff to be assigned to perform 1025 the services required under this Agreement and shall obtain the approval of the City Contract 1026 Manager of all proposed key staff member changes who are to be assigned to perform services 1027 under this Agreement within ten (10) Business Days of a key staffing member change. Key staff shall 1028 include the General Manager of each Approved Facility and the Contractor’s District/Area Manager. 1029 The City shall not unreasonably withhold approvals of staff changes and shall respond to approval 1030 requests of a staffing change within five (5) Business Days of Contractor’s notice to the City of such 1031 change. Should the City not respond to a request for approval from Contractor of a staffing change 1032 within five (5) Business Days, the staffing change shall be considered approved. 1033 Notwithstanding City’s approval of Contractor’s personnel, Contractor shall not be relieved from July 15, 2024 Page 27 City of San Leandro Post Collection 1034 any liability resulting from the work to be performed under this Agreement, nor shall Contractor 1035 be relieved from its obligation to ensure that its personnel maintain all requisite certifications, 1036 licenses, and the like, and Contractor shall at all times ensure that its personnel fully comply with 1037 Applicable Law.
1038 E. Wages and Benefits. Wages and benefits applicable to employees performing work under the 1039 Agreement shall not be less than those stated in the City’s Municipal Code Chapter 1-6, Living Wage. 1040 Contractor shall maintain compliance with the City’s Living Wage Ordinance throughout the Term 1041 of the Agreement.
1042 5.5 CONTRACT MANAGEMENT
1043 City has designated staff, the City Contract Manager, to be responsible for the monitoring and 1044 administration of this Agreement. Contractor shall designate an employee to serve as Contractor’s 1045 Contract Manager(s), to be responsible for working closely with the City Contractor Manager in the 1046 monitoring and administration of this Agreement. Contractor shall provide City with a direct phone and 1047 email address for the Contractor’s selected Contract Manager and such manager, or a temporary designee 1048 during vacations, shall be available to the City Contract Manager during all business hours as defined in 1049 Section 5.2.4.
1050 The Contractor’s Contract Manager shall meet and confer with the City Contract Manager to resolve 1051 differences of interpretation and implement and execute the requirements of this Agreement in an 1052 efficient, effective manner that is consistent with the stated objectives of this Agreement. 1053 From time to time, the City Contract Manager may designate other agents of City to work with Contractor 1054 on specific matters. In such cases, those individuals should be considered designates of the City Contract 1055 Manager for those matters to which they have been engaged. Such designates shall be afforded all of the 1056 rights and access granted thereto. In the event of a dispute between the City Contract Manager’s 1057 designate and Contractor, the City Contract Manager’s determination shall be conclusive, subject to the 1058 provisions of this Section and Contractor’s rights and remedies under this Agreement and Applicable Law. 1059 In the event of dispute between the City Contract Manager and the Contractor regarding the 1060 interpretation of or the performance of services under this Agreement, the City Contract Manager’s 1061 determination shall be conclusive except where such determination results in a material impact to the 1062 Contractor’s revenue and/or cost of operations. In the event of a dispute between the City Contract 1063 Manager and the Contractor results in such material impact to the Contractor, the provisions of Section 1064 10.9 shall apply. For the purposes of this Section 5.5, “material impact” is an amount equal to or greater 1065 than fifty thousand dollars ($50,000) per year.
1066 City Contract Manager or their designate shall have the right to observe and review Contractor operations 1067 and enter Premises for the purposes of such observation and review, including review of Contractor’s 1068 relevant records, during reasonable hours with reasonable notice. In no event shall Contractor prevent 1069 access to such Premises for a period of more than three (3) calendar days after receiving such a request. 1070 Contractor shall maintain an after-hours telephone number allowing twenty-four (24) hour per day access 1071 to Contractor’s Contract Manager or designate by City Contract Manager in the event of an emergency 1072 involving Contractor’s equipment or services including, but not necessarily limited to, fires, blocked 1073 access, or property damage.
July 15, 2024 Page 28 City of San Leandro Post Collection 1074 ARTICLE 6.
1075 RECORD KEEPING AND REPORTING
1076 6.1 RECORD KEEPING
1077 Contractor shall maintain accounting, statistical, operational, and other records related to its performance 1078 as shall be necessary to provide reporting under this Agreement, Applicable Law, and to demonstrate 1079 compliance with this Agreement. Unless otherwise required in this Article, Contractor shall retain all 1080 records and data required to be maintained by this Agreement for the Term of this Agreement plus three 1081 (3) years after its expiration or earlier termination. Records and data shall be in chronological order and 1082 an organized form and readily and easily interpreted. Upon request, any such records shall be retrieved 1083 within ten (10) Working Days of a request by the City Contract Manager and made available to the City 1084 Contract Manager. Contractor shall maintain adequate record security to preserve records from events 1085 that can be reasonably anticipated such as a fire, theft, and an earthquake. Electronically-maintained data 1086 and records shall be protected and backed-up. To the extent that Contractor utilizes its computer systems 1087 to comply with record keeping and reporting requirements under this Agreement, Contractor shall, on a 1088 monthly basis, save all system-generated reports supporting those record keeping and reporting 1089 requirements in a static format in order to provide an audit trail for all data required. City shall have the 1090 right to inspect all documents upon which the representations contained in monthly and annual reports 1091 are based.
1092 City views its ability to defend itself against the Comprehensive Environmental Response, Compensation 1093 and Liability Act (CERCLA), and related litigation as a matter of great importance. For this reason, City 1094 regards its ability to prove where City Delivered Materials are taken for Transfer, Processing, or Disposal. 1095 Contractor shall maintain records which can establish where City Delivered Materials were Transferred, 1096 Processed, or Disposed. Additionally, the City finds it essential to accurately determine the origin of 1097 materials received at Approved Facilities to ensure the appropriate attribution and allocation of City 1098 Delivered Materials to the City and to track the final placement of Diverted Commodities at Responsible 1099 End Markets. Contractor shall maintain all necessary records and supporting documentation to accurately 1100 allocate the Tons of City Delivered Materials Diverted or Disposed and to prove City Delivered Materials 1101 are Recycled or Composted at Responsible End Markets. Contractor shall make such records related to 1102 the Person delivering the material, the origin of the material reported by that Person, and any other 1103 information required to reconcile Contractor’s reports available to the City Contract Manager without any 1104 requirement for confidentiality agreement or claim of proprietary/trade secret protection. This provision 1105 shall survive the expiration or earlier termination of this Agreement. Contractor shall maintain these 1106 records for a minimum of ten (10) years beyond expiration or earlier termination of the Agreement. 1107 Contractor shall provide these records to City (upon request or at the end of the record retention period) 1108 in an organized and indexed manner rather than destroying or Disposing of them. 1109 6.2 REPORT SUBMITTAL REQUIREMENTS
1110 Contractor shall submit monthly reports no later than fifteen (15) calendar days after the end of each 1111 month. Contractor shall submit annual reports no later than forty-five (45) calendar days after the end of 1112 each calendar year. Monthly and annual reports shall, at a minimum, include all data and information as 1113 described in Exhibit D. Additionally, upon request by the City, Contractor shall provide any data, described 1114 in Exhibit D, required to respond to requests by local, regional, or State agencies within five (5) Business Days unless such request is made within the first (1st 1115 ) and tenth (10th) of any month for current data, in 1116 which case Contractor shall provide the requested data within seven (7) Business Days.
July 15, 2024 Page 29 City of San Leandro Post Collection 1117 Contractor may propose report formats that are responsive to the objectives and audiences for each 1118 report. The format of each report shall be approved by the City Contract Manager, in their sole discretion. 1119 City Contract Manager may, from time to time during the Term, review and request changes to 1120 Contractor’s report formats and content and Contractor shall not unreasonably deny such requests. 1121 Contractor shall submit all reports to the City Contract Manager electronically via email using software 1122 acceptable to the City.
1123 City reserves the right to require Contractor to provide additional reports or documents, or to provide 1124 earlier submittal of scheduled reports(e.g., to meet State reporting timelines for SB 1383) as City Contract 1125 Manager reasonably determines to be required for the administration of this Agreement or compliance 1126 with Applicable Law.
1127 6.3 LATE AND INCORRECT REPORTS
1128 If Contractor does not submit the required report on the due date, Contractor shall pay to the City 1129 Liquidated Damages in accordance with this Section and Exhibit F. The City may adjust the Liquidated 1130 Damage amount annually thereafter by the Annual Percentage Change of the CPI-U, as described in 1131 Section 8.3. If the City provides notice to Contractor of a late Annual or Monthly Report thirty (30) calendar 1132 days after the report due date, Contractor shall submit the report to City within fourteen (14) calendar 1133 days of the notice date. If the report is received on or before the fourteenth (14th) calendar day, 1134 Liquidated Damages shall be limited to the amount due for the initial thirty (30) calendar days. If the 1135 report is not received within the fourteen- (14-) calendar day period, City may assess Liquidated Damages 1136 for each calendar day the report is late after the fourteen- (14-) calendar day period following the notice. 1137 In such case, the number of days for which Liquidated Damages may be assessed shall equal the sum of 1138 the initial thirty (30) calendar days the report is late and the additional days the report is late following 1139 the fourteen- (14-) calendar day period after City’s Notice. Liquidated Damages shall be assessed in 1140 accordance with Section 10.6.
1141 If City identifies an error in a report or omission of required information, Contractor shall be given five (5) 1142 Working Days to correct the report from the date of the City’s initial notice. If Contractor fails to correct the report on or before the fifth (5th 1143 ) Working Day, City may assess a Liquidated Damage amount of five 1144 hundred dollars ($500) per Working Day for each day beyond the cure period until such time the 1145 Contractor submits a corrected report, as determined by the City. Assessment and payment of the 1146 Liquidated Damages described in this paragraph shall be performed in accordance with Section 10.6. 1147 If the Contractor identifies an error in a report it submitted to the City, Contractor shall notify the City of 1148 the error and submit a corrected report within fifteen (15) calendar days of the notice to the City. City 1149 agrees to waive Liquidated Damages in the event Contractor self-identifies an error and submits the 1150 corrected report within fifteen (15) calendar days of Contractor’s notice to the City. If Contractor is late in 1151 submitting the corrected report, the City may assess Liquidated Damages for the late report as outlined 1152 herein.
July 15, 2024 Page 30 City of San Leandro Post Collection 1153 ARTICLE 7.
1154 CITY REIMBURSEMENTS
1155 7.1 CITY RIGHT TO ESTABLISH FEES
1156 City retains the right to establish fees on Processing and/or Disposal activities, and to adjust such fees 1157 during the Term of this Agreement. Such fees shall be established and adjusted as part of the 1158 Governmental Component of the then-applicable Per-Ton Rate as provided in Article 8. 1159 7.2 OTHER REIMBURSEMENTS
1160 The City shall reserve the right to set "other" reimbursements, as it deems necessary. The amount, time 1161 and method of payment, and adjustment process shall be set in a manner similar to that for other 1162 reimbursements described in this Article.
1163 7.3 ADJUSTMENT TO REIMBURSEMENTS
1164 City may set other reimbursements or adjust the reimbursements established in this Article from time-to1165 time during the Term of this Agreement and such other reimbursements and adjustments shall be 1166 considered an allowable cost of business not subject to profit mark-up and included in the adjustment of 1167 Rates as described in Article 8.
1168 7.4 PAYMENT SCHEDULE AND LATE FEES
1169 Within twenty-five (25) calendar days of the end of each calendar quarter, during the Term of this 1170 Agreement, Contractor shall remit to City all reimbursements as described in this Article. Such 1171 reimbursements shall be remitted to City and sent or delivered to the City Contract Manager. If such remittance is not paid to City on or before the twenty-fifth (25th 1172 ) calendar day following the end of a 1173 calendar quarter, all reimbursements due shall be subject to a delinquency penalty of two percent (2%), or maximum permitted by law, which attaches on the first (1st 1174 ) day of delinquency. The delinquency 1175 penalty shall be increased an additional two percent (2%), or maximum permitted by law, for each 1176 additional month the payment remains delinquent.
1177 Each quarterly remittance to City shall be accompanied by a statement listing the amount of each 1178 reimbursement paid and the calculation of each reimbursement. City Contract Manager may, at any time 1179 during the Term, request a detailed calculation of Gross Receipts for each billing period. Contractor shall 1180 maintain all supporting documents and calculations for each payment made to City as required by Section 1181 6.1.
1182 City Contract Manager may, at any time during the Term, perform an audit of Contractor’s billings and 1183 payment of reimbursements. Contractor shall cooperate with the City Contract Manager in any such audit. 1184 Should City or its agent perform this review and identify errors in payment of reimbursements valued at 1185 one percent (1%) or more for the period reviewed, Contractor shall, in addition to compensating City for 1186 lost reimbursements, reimburse the City’s actual cost of the review.
July 15, 2024 Page 31 City of San Leandro Post Collection 1187 ARTICLE 8.
1188 CONTRACTOR’S COMPENSATION AND RATE
1189 SETTING
1190 8.1 GENERAL
1191 The Contractor’s Compensation for performance of all its obligations under this Agreement shall be Per1192 Ton Rates, paid to the Contractor by the Collection Contractor in exchange for services provided. 1193 Contractor’s Compensation provided for in this Article shall be the full, entire, and complete 1194 compensation due to Contractor pursuant to this Agreement for all labor, equipment, materials and 1195 supplies, Transfer, Processing, and Disposal fees, City Reimbursements, taxes, insurance, bonds, 1196 overhead, operations, profit, and all other things necessary to perform all the services required by this 1197 Agreement in the manner and at the times prescribed and in accordance with Applicable Law. Nothing 1198 herein shall obligate City to provide any compensation directly to Contractor. Contractor’s Proposal 1199 (Exhibit G), from which initial Rates are determined, assumes compliance with Applicable Law and 1200 associated implementing regulations, including, but not limited to, AB 1201, SB 54, and SB 343, as they 1201 may be further promulgated, amended, or replaced from time to time. Any future adjustments to 1202 Contractor’s compensation due to a Change in Law shall be made in accordance with Section 8.4.E. 1203 If Contractor’s actual costs, including fees due to City, are more than the Per-Ton Rates, Contractor shall 1204 not be compensated for the difference in actual costs and actual Per-Ton Rates. If Contractor’s actual 1205 costs are less than the actual Per-Ton Rates, Contractor shall retain the difference provided that 1206 Contractor has paid City Reimbursements pursuant to Article 7. 1207 Under this Agreement, Contractor shall have the right and obligation to charge and collect from the 1208 Collection Contractor, Per-Ton Rates approved by the City for provision of services under this Agreement. 1209 The Rates for Rate Period One are based on the Contractor’s Proposal. Contractor’s proposed costs and 1210 operating assumptions for Rate Period One are presented in Exhibit G1. 1211 8.2 REMITTANCES TO CONTRACTOR
1212 Each month, within five (5) Business Days after the last day of the preceding month, Contractor shall 1213 provide to the Collection Contractor an invoice detailing the total Tons delivered to the Approved Facility 1214 from the City Service Area by the Collection Contractor, and the resulting monies owed to Contractor, 1215 based on the then-current Per-Ton Rates. Contractor shall be responsible for collecting payment for Post1216 Collection Services directly from the Collection Contractor. Contractor shall cooperate with the Collection 1217 Contractor as needed to calculate and/or reconcile remittance amounts. 1218 In the event that there is a dispute by the Collection Contractor over the amount of an invoice, Contractor 1219 shall work diligently with Collection Contractor to expeditiously resolve the dispute in accordance with 1220 Section 10.10. In the event the dispute between the Contractor and Collection Contractor is escalated to 1221 the City pursuant to Section 10.10, the City Contract Manager, in their sole discretion, may make a 1222 determination and such determination shall be final for any dispute involving payment of one hundred 1223 thousand dollars ($100,000) or less.
1224 Contractor shall deliver to Collection Contractor, with a copy to City, a notice of late payment for a given 1225 monthly invoice thirty-five (35) calendar days after the date of generation of the invoice. Contractor’s 1226 invoices shall be deemed delinquent if Collection Contractor has not paid within sixty (60) calendar days July 15, 2024 Page 32 City of San Leandro Post Collection 1227 of the date of the notice of late payment. Thereafter, Contractor may suspend Acceptance of City 1228 Delivered Materialsfrom the Collection Contractor until the delinquent invoice(s) are paid in full excluding 1229 disputed amounts. The delinquent invoice shall bear interest on the unpaid balance at a rate not to exceed 1230 one and one-third percent (1 1/3%) per month. Contractor shall maintain copies of all billings and receipts, 1231 each in chronological order, for the Term of this Agreement, for inspection and verification by the City 1232 Contract Manager at any reasonable time but in no case more than thirty (30) calendar days after receiving 1233 a request to do so.
1234 8.3 PER-TON RATES
1235 A. General. The City shall be responsible for approving Per-Ton Rates as described in this Article. Each 1236 Per-Ton Rate shall have two (2) components:
1237 1. The Contractor component (“Contractor Component”) which reflects the Contractor’s 1238 Compensation for the services provided under this Agreement; and 1239 2. The governmental component (“Governmental Component”) which reflects government fees 1240 assessed for materials handled at the Approved Facilities or Alternate Facilities. 1241 The sum of the “Contractor Component” and the “Governmental Component” shall equal the 1242 total Per-Ton Rate.
1243 B. Rates for Rate Period One. Per-Ton Rates for Rate Period One, which are presented in Exhibit G2, 1244 were determined by Contractor and City and were approved along with the Agreement. The Rates 1245 for Rate Period One shall be effective from February 1, 2025. 1246 C. Definitions. For the purposes of this Section 8.3, the following terms shall be defined as follows:
1247 1. “Adjustment Date” means the date at which an annual adjustment takes effect. 1248 2. “Annual Percentage Change” means the annual percentage change in any of the indices 1249 defined below calculated as described in the following paragraph. 1250 The Annual Percentage Change for a cost index shall be calculated as the Average Index Value 1251 for the most recently available twelve (12) month period of the then-current Rate Period 1252 minus the Average Index Value for the corresponding twelve (12) month period of the most 1253 recently completed Rate Period and the result of which shall be divided by the Average Index 1254 Value for the same twelve (12) month period of the most recently completed Rate Period. The 1255 Annual Percentage Change shall be rounded to the nearest thousandth (1,000th). 1256 For example, if the Contractor is preparing its Rate application in January of 2026 for Rates to 1257 be effective for Rate Period Two, the Annual Percentage Change in CPI shall be calculated as 1258 follows: [(Average CPI for January 2025 through December 2025) – (Average CPI for January 1259 2024 through December 2024)] / (Average CPI for January 2024 through December 2024)]. 1260 3. “Average Index Value” means the sum of the monthly index values during the most recently 1261 available twelve (12) month period divided by twelve (12) (in the case of indices published 1262 monthly) or the sum of the bi-monthly index values divided by six (6) (in the case of indices 1263 published bi-monthly).
July 15, 2024 Page 33 City of San Leandro Post Collection 1264 4. “CPI-U” means the Consumer Price Index, All Urban Consumers, all items, not seasonally 1265 adjusted San Francisco-Oakland-San Jose Metropolitan Area compiled and published by the 1266 U.S. Department of Labor, Bureau of Labor Statistics. 1267 5. “Fuel Index” means the per-therm price for Core Natural Gas Service for Compression on 1268 customer’s Premises, Schedule G-NGV1, compiled and published by the Pacific Gas and 1269 Electric Company Analysis and Rate Department and reported monthly in its “Gas RateFinder” 1270 publication (http://www.pge.com/tariffs/GRF.SHTML). The February 2024 Fuel Index is 1271 $.1.47892 per therm, which reflects the sum of the customer charge, procurement charge, 1272 transportation charge, and public purpose program (PPP) charge for natural gas service for 1273 compression on customer’s Premises as reported by Pacific Gas and Electric Company. 1274 D. Per-Ton Rate Application. On February 1, prior to the commencement of the Rate Period for which 1275 Per-Ton Rates are to be determined (coming Rate Period), Contractor shall submit to the City 1276 Contract Manager an application requesting the adjustment of Per-Ton Rates for the coming Rate 1277 Period via mail and an electronic copy in Microsoft Excel format with all supporting schedules, 1278 formulas, and calculations via email. For example, on February 1, 2026, the Contractor shall submit 1279 its application for the adjustment of Per-Ton Rates to be effective July 1, 2026, (i.e., Rate Period 1280 Two).
1281 Such Application shall include the Rate adjustment calculation in accordance with this Section and 1282 a copy of the Per-Ton Rate schedule currently in effect. 1283 The City shall evaluate Contractor’s application for mathematical accuracy and consistency with 1284 the requirements of the Agreement and shall have the ability to require changes to the application 1285 prior to approval on the basis of the application’s mathematical inaccuracy or failure to comply 1286 with the procedures defined in the Agreement. Upon City’s agreement that the calculations are 1287 consistent with the requirements of this Agreement and are mathematically accurate, the Per1288 Ton Rate adjustment (if any) shall be presented to the City Contract Manager and subject to the 1289 City Contract Manager’s final approval, which shall not be unreasonably withheld or delayed. 1290 E. Changes to Government Fees. In the event of changes to or new government fees that are effective 1291 at a time that does not coincide with the annual Rate adjustment, Contractor may notify the City of 1292 the expected increase to any of the Government Fees relating to the Approved Facilities. Contractor 1293 may request such an adjustment if such Government Fees were not in effect on the Effective Date, 1294 or, if in effect on the Effective Date, are increased. Contractor shall notify the City in writing thirty 1295 (30) calendar days after receiving notice of any increase in the Governmental Component to any 1296 such changes in, or imposition of Government Fees. The City may review the Contractor’s 1297 calculation of the adjusted Governmental Component and resulting adjustment of the Per-Ton Rate 1298 for a period of up to thirty (30) calendar days. During this period, the City may request, and the 1299 Contractor shall provide, supporting documentation which justifies the increase. Should the Parties 1300 be in dispute over the adjusted fees at the end of the thirty- (30-) calendar day period, no 1301 adjustment shall be made and the dispute shall be subject to Section 10.9 of this Agreement. Upon 1302 resolution of the dispute, and assuming both Parties agree on the adjustment of the Government 1303 Fee and the resulting adjustment of the Per-Ton Rate, the Contractor shall be entitled to the 1304 adjusted Per-Ton Rate payments retroactively to the effective date of the imposed Government 1305 Fee.
July 15, 2024 Page 34 City of San Leandro Post Collection 1306 8.3.1 Organic Materials Processing Rate
1307 A. Initial Rates. The initial Commingled Organic Materials Processing Rate effective on the 1308 Commencement Date shall be $88.00 per Ton of Organic Materials Delivered to the Approved 1309 Residential Organic Materials Processing Facility. The initial Contractor Component of the Organic 1310 Materials Processing Rate is $88.00 per Ton. The initial Governmental Component of the Organic 1311 Processing Rate is $0.00 per Ton.
1312 The initial Source Separated Food Scraps Processing Rate effective on the Commencement Date 1313 shall be $120.00 per Ton of Food Scraps Delivered to the Approved Commercial Organic Materials 1314 Processing Facility. The initial Contractor Component of the Food Scraps Processing Rate is 1315 $120.00 per Ton. The initial Governmental Component of the Organic Processing Rate is $0.00 per 1316 Ton.
1317 B. Adjustments. The Per-Ton Rate for Organic Materials for all Rate Periods following Rate Period One 1318 shall be adjusted annually commencing with the first adjustment that shall be effective on July 1, 1319 2026. The Per-Ton Rate adjustment shall be performed in accordance with this Section:
1320 P = ((A-C) x (1+B)) + D
1321 A = The Organic Materials Processing Rate in effect immediately prior to the Adjustment 1322 Date.
1323 B = The Annual Percentage Change in the CPI-U.
1324 C = The Governmental Component in effect immediately following the prior Adjustment 1325 Date.
1326 D = The Governmental Component in effect immediately following the Adjustment Date. 1327 P = The adjusted Organic Materials Processing Rate for the new Rate Period. 1328 8.3.2 C&D Debris Processing Rate
1329 A. Initial Rates. The initial C&D Processing Rate effective on the Commencement Date shall be 1330 $205.00 per Ton of C&D Debris Delivered to the Approved C&D Processing Facility. The initial 1331 Contractor Component of the C&D Processing Rate is $204.62 per Ton. The initial Governmental 1332 Component of the C&D Processing Rate is $0.38 per Ton. 1333 Governmental fees for C&D Processing for Rate Period One are as follows:
Fee Title Fee Amount Fee Basis Governing Body Tons Eligible for Fee in RP1
Alameda County LEA
Fee
$.38 (e.g., per
Ton)per
ton
Alameda County 100% of Delivered Tons
Total $.38 N/A 100% of Delivered Tons
1334
1335 B. Adjustments. The Per-Ton Rate for C&D Debris for all Rate Periods following Rate Period One shall 1336 be adjusted annually commencing with the first adjustment that shall be effective on July 1, 2026. 1337 The Per-Ton Rate adjustment shall be performed in accordance with this Section:
July 15, 2024 Page 35 City of San Leandro Post Collection 1338 P = ((A-C) x (1+B)) + D
1339 A = The C&D Processing Rate in effect immediately prior to the Adjustment Date. 1340 B = The Annual Percentage Change in the CPI-U.
1341 C = The Governmental Component in effect immediately following the prior Adjustment 1342 Date.
1343 D = The Governmental Component in effect immediately following the Adjustment Date. 1344 P = The adjusted C&D Processing Rate for the new Rate Period. 1345
1346 8.3.3 Solid Waste Disposal Rates
1347 A. Initial Rates. The initial Disposal Rate effective on the Commencement Date shall be $53.47 per Ton 1348 of Solid Waste Delivered to the Approved Disposal Facility. The initial Contractor Component of the 1349 Disposal Rate is $33.40 per Ton. The initial Governmental Component of the Disposal Rate is $20.07 1350 per Ton.
1351 Governmental fees for Disposal for Rate Period One are as follows:
Fee Title Fee Amount Fee Basis Governing Body Tons Eligible for Fee in RP1
AB 939 $1.40 ton State of CA 100% of Delivered Tons
Water Board Fee $.05 Ton State of CA 100% of Delivered Tons LEA Inspection $.38 Ton Alameda County 100% of Delivered Tons Facility Fee $4.34 Ton Alameda County 100% of Delivered Tons HHW $2.15 Ton Alameda County 100% of Delivered Tons
Planning and
Transport Fee
$.16 Ton Alameda County 100% of Delivered Tons
Measure D $8.23 Ton Alameda County 100% of Delivered Tons Open Space and Recy.
(CUP)
$2.41 Ton Alameda County 100% of Delivered Tons
Business Tax $.95 Ton City of Livermore 100% of Delivered Tons $___ ___% of Delivered Tons
Total $20.07 N/A ___% of Delivered Tons
1352
1353 B. Adjustments. The Per-Ton Rate for Solid Waste Delivered to the Approved Disposal Facility for all 1354 Rate Periods following Rate Period One shall be adjusted annually commencing with the first 1355 adjustment that shall be effective on July 1, 2026. The Per-Ton Rate adjustment shall be performed 1356 in accordance with this Section:
1357 P = ((A-C) x (1+B)) + D
1358 A = The Disposal Rate in effect immediately prior to the Adjustment Date. 1359 B = The Annual Percentage Change in the CPI-U.
1360 C = The Governmental Component in effect immediately following the prior Adjustment 1361 Date.
1362 D = The Governmental Component in effect immediately following the Adjustment Date.
July 15, 2024 Page 36 City of San Leandro Post Collection 1363 P = The adjusted Disposal Rate for the new Rate Period. 1364 8.4 EXTRAORDINARY RATE ADJUSTMENTS
1365 A. General. It is understood that the Contractor accepts the risk for changes in cost of providing Post1366 Collection services and/or quantities and composition of City Delivered Materials to the Approved 1367 Facilities, and therefore the extraordinary adjustments to the Per-Ton Rates shall be limited to a 1368 Change in Law or a City-directed change in scope. If a Change in Law (pursuant to Section 8.4.E) or 1369 City-directed change in scope (pursuant to Section 3.5) occurs, the City or the Contractor may 1370 initiate an extraordinary adjustment to the Per-Ton Rates, in addition to the annual adjustment 1371 described in Section 8.3, to compensate Contractor for any demonstrable change in direct costs or 1372 revenue resulting from such Change in Law or a City-directed change in scope. 1373 B. Extraordinary Rate Adjustment Application. Contractor shall prepare an application for the 1374 extraordinary Rate adjustment. Such submittal shall provide all information reasonably requested 1375 by City Contract Manager specific to the nature of the request being made. Contractor shall pay all 1376 reasonable costs incurred by City, including the costs of outside accountants, attorneys, and/or 1377 consultants, in order to make a determination of the reasonableness of the requested Rate 1378 adjustment. The application shall clearly document the reason for the proposed adjustment, include 1379 calculation of the proposed Rate adjustments, and provide supporting documentation. 1380 In the event of such an application for extraordinary Rate increase, it is understood that the 1381 Contractor shall have the burden of demonstrating to the reasonable satisfaction of the City 1382 Contract Manager that a City directed change in scope or a Change in Law has occurred and that 1383 it has resulted in a change to Contractor’s direct costs or revenues. The Contractor shall have to 1384 demonstrate such resulting change in direct costs or revenue by providing calculations and 1385 supporting documentation to the City Contract Manager for review. For the purpose of analyzing 1386 cost and revenue impacts resulting from changes in scope or a Change in Law, the Contractor’s 1387 profit shall be calculated using an operating ratio of ninety percent (90%) of actual reasonable 1388 and necessary costs.
1389 The City Contract Manager shall have the right to request any other information that they, in their 1390 reasonable judgment, determine is necessary to establish the reasonableness or accuracy of 1391 Contractor’s request for an extraordinary Rate increase. Contractor’s failure to provide any such 1392 documentation that may be required to prove the accuracy of their calculations within thirty (30) 1393 calendar days, may result in either the denial of or a delay in the approval of the request for an 1394 extraordinary Rate increase.
1395 The City shall have a ninety (90) Business Day review period following receipt of Contractor’s 1396 application for the requested Rate adjustment. During this period, the City may request and 1397 Contractor shall provide supporting documentation that justifies the increase. Should the Parties 1398 be in dispute over the adjusted Rate at the end of the ninety (90) Business Day period, no 1399 adjustment shall be made and the dispute shall be subject to Section 10.9 of this Agreement. 1400 Upon resolution of the dispute and assuming both Parties agree on the adjustment of the Rate, 1401 Contractor shall be entitled to the adjusted Rate retroactively to the effective date of the 1402 increased Allowable Costs.
1403 C. Allowable Costs. If the extraordinary Rate adjustment review warrants an increase in the applicable 1404 Rate(s), the adjustment shall cover only Allowable Costs (defined below) and such Allowable Costs July 15, 2024 Page 37 City of San Leandro Post Collection 1405 shall be in the proportion of the total volume that Contractor reasonably projects that the City will 1406 deliver to the Approved Facility for the Term of this Agreement compared with all other users of 1407 the Approved Facility.
1408 “Allowable Costs” shall include: incremental operating, maintenance, monitoring, reporting, and 1409 capital costs, including, but not limited to, the costs of making improvements (including, but not 1410 limited to future Landfill cells) or modifications, at the Approved Facility necessary to perform 1411 under this Agreement, but only to the extent brought about by a Change in Law, pursuant to 1412 Section 8.4.E or a City directed change in scope, pursuant to Section 3.5 , that are not otherwise 1413 fully recovered by Contractor under another Rate adjustment mechanism of this Agreement. 1414 Contractor shall notify the City in writing sixty (60) calendar days in advance of any request for 1415 increase in the Per-Ton Rate pursuant to this Section. 1416 D. Change in Scope. As part of Contractor’s written proposal under Section 3.5.B of this Agreement, 1417 the Contractor shall furnish the City with projected operational and cost data for the change in 1418 scope to support any requested extraordinary rate adjustment. Contractor shall not be entitled to 1419 an extraordinary rate adjustment under this Section, provided that Contractor receives funding for 1420 the Contractor’s implementation of its obligations under the requested change in scope from a 1421 third-party entity, including but not limited to a Stewardship Organization. If such third-party entity 1422 does not fully cover the cost for Contractor’s implementation of its obligations under the requested 1423 change in scope, then Contractor may petition for an extraordinary rate adjustment pursuant to 1424 this Section for any unrecovered costs.
1425 Contractor specifically acknowledges that SB 54 is intended to provide cost relief and/or new 1426 revenue to local governments and their ratepayers, however the specific nature and mechanics 1427 of such compensation remains to be defined in final regulations. The City may initiate a change in 1428 scope pursuant to this Section and Section 3.5 in order to maximize the value of such ratepayer 1429 relief, once defined in final regulations. The Contractor shall cooperate with the City in 1430 implementing the compensation mechanics and procedures specified under the final regulations. 1431 Such cooperation may include, but is not limited to, providing additional data, calculations, or 1432 records, meeting with the City and/or the applicable Stewardship Organization(s), and supporting 1433 with administrative activities that the City Contract Manager deems reasonably necessary to 1434 implement the regulations.
1435 E. Change in Law. The provisions of this Section 8.4 shall only include Changes in Law after the 1436 Effective Date for which Contractor substantiates the cost and/or revenue impact of the Change in 1437 Law in accordance with the requirements of this Section 8.4. 1438 The Parties acknowledge that, as of the date of this Agreement, the State has passed SB 54, where 1439 further regulatory requirements may be established. Contractor’s compliance with such 1440 regulations shall not warrant any increase to the Contractor’s compensation, except as otherwise 1441 provided for under Sections 1.2.N, 3.7, and 8.4.D. Contractor agrees to minimize the impact of 1442 the costs related to such rules and regulations prior to the final rules and regulations being 1443 promulgated, to ensure the greatest flexibility for compliance.
July 15, 2024 Page 38 City of San Leandro Post Collection 1444 ARTICLE 9.
1445 INDEMNITY, INSURANCE, AND PERFORMANCE
1446 BOND
1447 9.1 INDEMNIFICATION
1448 A. General. Contractor shall indemnify, defend with counsel reasonably acceptable to City, and hold 1449 harmless (to the full extent permitted by law) City and its officers, elected and appointed officials, 1450 employees, volunteers, and agents from and against any and all claims, liability, loss, injuries, 1451 damage, expense, and costs (including without limitation costs and fees of litigation, including 1452 reasonable attorneys’ and expert witness fees and costs) (collectively, “Damages”) of every nature 1453 arising out of or in connection with Contractor’s performance under this Agreement, or its failure 1454 to comply with any of its obligations contained in this Agreement, except to the extent such loss or 1455 damage was caused by the negligence or willful misconduct of City. The provisions of this Section 1456 shall survive the expiration or termination of this Agreement and shall not be construed as a waiver 1457 of City’s legal or equitable rights as defined herein and permitted under Applicable Law. 1458 B. Excluded Waste Indemnification. Contractor acknowledges that it is responsible for compliance 1459 during the entire Term of this Agreement with all Applicable Laws. Contractor shall not store, 1460 Transport, use, or Dispose of any Excluded Waste except in strict compliance with all Applicable 1461 Laws.
1462 Contractor shall indemnify, defend with counsel acceptable to the City, protect and hold harmless 1463 the City, officers, employees, volunteers, and agents (collectively, “indemnitees”) from and 1464 against all claims, damages (including, but not limited to, special, consequential, natural 1465 resources, and punitive damages), injuries, costs, (including, without limitation, any and all 1466 response, remediation, and removal costs), losses, demands, debts, liens, liabilities, causes of 1467 action, suits, legal or administrative proceedings, interest, fines, charges, penalties, and expenses 1468 (including, without limitation, attorneys’ and expert witness fees and costs incurred in connection 1469 with defending against any of the foregoing or in enforcing this indemnity), (collectively, 1470 “Damages”) of any kind whatsoever paid, incurred or suffered by, or asserted against, 1471 indemnitees arising from or attributable to the acts or omissions of Contractor whether or not 1472 negligent or otherwise culpable, in connection with or related to the performance of this 1473 Agreement, including, without limitation, damages arising from or attributable to any operations, 1474 repair, clean-up or detoxification, or other plan (regardless of whether undertaken due to 1475 governmental action) concerning any Excluded Waste, handled under this Agreement, except to 1476 the extent such Damage was caused by the negligence or willful misconduct of City. The foregoing 1477 indemnity is intended to operate as an agreement pursuant to §107(e) of CERCLA, 42 USC. 1478 §9607(e) and California Health and Safety Code §25364, to defend, protect, hold harmless, and 1479 indemnify City from liability.
1480 This provision is in addition to all other provisions in this Agreement and shall survive the 1481 expiration or earlier termination of this Agreement. Nothing in this paragraph shall prevent City 1482 from seeking indemnification or contribution from Persons or entities other than indemnitees, for 1483 any liabilities incurred by City or the indemnitees. 1484 In the event that Contractor negligently or willfully mishandles Excluded Waste in the course of 1485 carrying out its activities under this Agreement, Contractor shall at its sole expense promptly take July 15, 2024 Page 39 City of San Leandro Post Collection 1486 all investigatory and/or remedial action reasonably required for the remediation of such 1487 environmental contamination. Prior to undertaking any investigatory or remedial action, 1488 however, Contractor shall first obtain City’s approval of any proposed investigatory or remedial 1489 action. Should Contractor fail at any time to promptly take such action, City may undertake such 1490 action at Contractor’s sole cost and expense, and Contractor shall reimburse City for all such 1491 expenses within thirty (30) calendar days of being billed for those expenses, and any amount not 1492 paid within that thirty (30) calendar day period shall thereafter be deemed delinquent and subject 1493 to the delinquent fee payment provision of Section 7.4. These obligations are in addition to any 1494 defense and indemnity obligations that Contractor may have under this Agreement. The 1495 provisions of this Section shall survive the termination or expiration of this Agreement. 1496 C. Regulatory Indemnification. Contractor’s duty to defend and indemnify herein includes all fines 1497 and/or penalties imposed by any regulatory agency, if the requirements of Applicable Law, including 1498 but not limited to AB 939 (1989), SB 341 (2011), AB 1826 (2014), SB 1383 (2016), SB 343 (2021), SB 1499 54 (2022), AB 1201 (2022), and the Advanced Clean Fleet Rule are not met by City with respect to 1500 the services provided under this Agreement, and such failure is: (i) due to the failure of Contractor 1501 to meet its obligations under this Agreement; or, (ii) due to Contractor delays in providing 1502 information that prevents Contractor or City from submitting reports to regulators in a timely 1503 manner.
1504 Notwithstanding any other provision in this Agreement, Contractor’s obligations in this subsection 1505 C with respect to such Applicable Law shall be subject to the provisions of Section 40059.1 of the 1506 Public Resources Code, and Contractor shall not be liable for any indemnity obligations or 1507 penalties under this Agreement in respect of any such requirements except to the extent that 1508 indemnity obligations by Contractor are enforceable under said Section. 1509 D. CalPERS Eligibility Indemnification. Contractor’s employees, agents, or Subcontractors providing 1510 service under this Agreement shall not: (i) qualify for any compensation and benefit under the 1511 California Public Employees Retirement System (“CalPERS”); (ii) be entitled to any benefits under 1512 CalPERS; (iii) enroll in CalPERS as an employee of City; (iv) receive any employer contributions paid 1513 by City for CalPERS benefits; or, (v) be entitled to any other CalPERS-related benefit that would 1514 accrue to a City employee. Contractor’s employees, agents, or Subcontractors hereby waive any 1515 claims to benefits or compensation described in this Section 9.1. This Section 9.1 applies to 1516 Contractor notwithstanding any other agency, State or Federal policy, rule, regulation, law, or 1517 ordinance to the contrary.
1518 If Contractor’s employees, agents, or Subcontractors providing services under this Agreement 1519 claim, or are determined by a court of competent jurisdiction or CalPERS to be eligible for 1520 enrollment in CalPERS of the City, Contractor shall indemnify, defend, and hold harmless City for 1521 the payment of any employer and employee contributions for CalPERS benefits on behalf of the 1522 employee as well as for payment of any penalties and interest on such contributions which would 1523 otherwise be the responsibility of the City.
1524 Contractor’s Compensation under this Agreement shall be the full and complete compensation to 1525 which Contractor and Contractor’s officers, employees, agents, and Subcontractors are entitled 1526 for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers, 1527 employees, agents, and Subcontractors are entitled to any salary or wages, or retirement, health, 1528 leave, or other fringe benefits applicable to City employees. The City will not make any Federal or July 15, 2024 Page 40 City of San Leandro Post Collection 1529 State tax withholdings on behalf of Contractor. The City shall not be required to pay any workers’ 1530 compensation insurance on behalf of Contractor.
1531 Contractor agrees to defend and indemnify the City for any obligation, claim, suit, or demand for 1532 tax, retirement contribution including any contribution to CalPERS, social security, salary or 1533 wages, overtime payment, or workers’ compensation payment which the City may be required to 1534 make on behalf of: (i) Contractor; (ii) any employee of Contractor; or, (iii) any employee of 1535 Contractor construed to be an employee of the City, for work performed under this Agreement. 1536 E. Hazardous Substance Indemnification. Contractor shall indemnify, defend with counsel acceptable 1537 to the City, protect, and hold harmless the City, its officers, employees, volunteers, and agents 1538 (collectively, “indemnitees”) from and against all claims, damages (including, but not limited to, 1539 special, consequential, natural resources, and punitive damages), injuries, costs, (including, without 1540 limitation, any and all response, remediation, and removal costs), losses, demands, debts, liens, 1541 liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, 1542 penalties, and expenses (including, without limitation, attorneys’ expert witness fees and costs 1543 incurred in connection with defending against any of the foregoing or in enforcing this indemnity), 1544 (collectively, “Damages”) of any kind whatsoever paid, incurred or suffered by, or asserted against, 1545 indemnitees arising from or attributable to the acts or omissions of Contractor whether or not 1546 negligent or otherwise culpable, in connection with or related to the performance of this 1547 Agreement, including, without limitation, damages arising from or attributable to any operations, 1548 repair, clean-up or detoxification, or other plan (regardless of whether undertaken due to 1549 governmental action) concerning any Hazardous Substance or Hazardous Waste, managed under 1550 this Agreement. This indemnity afforded indemnitees shall only be limited to exclude coverage for 1551 intentional wrongful acts, negligence or breach of indemnitees or the Collection Contractor, and as 1552 provided below. Contractor shall be required to indemnify the City for the costs for any claims 1553 arising from the Disposal of Solid Waste at the Disposal site, including, but not limited to, claims 1554 arising under CERCLA. The foregoing indemnity is intended to operate as an agreement pursuant to 1555 §107(e) of CERCLA, 42 USC. §9607(e) and California Health and Safety Code §25364, to defend, 1556 protect, hold harmless, and indemnify City from liability. 1557 This provision is in addition to all other provisions in this Agreement and shall survive the 1558 expiration or earlier termination of this Agreement. 1559 F. Measure D. Contractor shall indemnify, defend, and hold harmless City, its officers, employees, 1560 agents, and volunteers, from and against any revenues withheld by the Alameda County Source 1561 Reduction and Recycling Board in the event the Source Reduction and Recycling goals or any other 1562 requirement of Section 64 of the Alameda County Charter (commonly known as Measure D) are not 1563 met by the Contractor with respect to the Recycling and Source Reduction programs under this 1564 Agreement and such failure is due to the failure of Contractor to meet its obligations under this 1565 Agreement or due to Contractor delays in providing information that prevents Contractor or City 1566 from submitting reports required by Measure D in a timely manner. 1567 G. Unpermitted Waste Defense and Indemnification. Except to the extent Liabilities are caused by the 1568 negligence or willful misconduct of City or Collection Contractor, Contractor shall defend, 1569 indemnify, and hold harmless at its sole cost and expense with counsel reasonably acceptable to 1570 the City, the City (including the Persons described in the definition of "City" in Exhibit A) and the 1571 Transfer company in any Actions that assert or allege Liabilities paid, incurred, or suffered by, July 15, 2024 Page 41 City of San Leandro Post Collection 1572 imposed upon or asserted against, the Authority that result or are claimed to have resulted directly 1573 or indirectly from the presence, Disposal, escape, migration, leakage, spillage, discharge, release, or 1574 emission of Unpermitted Waste or petroleum to, in, on, at, or under the Landfill, whether:
1575 (1) in one (1) or more instance,
1576 (2) threatened or transpired,
1577 (3) Contractor is negligent or otherwise culpable, or 1578 (4) those Liabilities are litigated, settled, or reduced to judgment. 1579 For purposes of this Indemnity, “Liabilities” includes Liabilities arising from or attributable to any 1580 operations, repair, clean-up or detoxification, or preparation and implementation of any removal, 1581 remedial, response, Closure, Post-Closure, or other plan, regardless of whether undertaken due 1582 to government directive or action, such as remediation of surface or ground water contamination 1583 and replacement or restoration of natural resources. 1584 City reserves the right to retain at its own cost and expense co-counsel and Contractor shall direct 1585 Contractor’s counsel to assist and cooperate with such co-counsel with respect to City’s defense. 1586 The foregoing indemnity is intended to operate as an agreement pursuant to 42 U.S.C. Section 1587 9607(e) and California Health and Safety Code Section 25364, to insure, protect, hold harmless, 1588 and indemnify the Authority from liability in accordance with this Section. 1589 9.2 INSURANCE
1590 A. General Requirements. Contractor shall, at its sole cost and expense, maintain in effect at all times 1591 during the Term of this Agreement not less than the following coverage and limits of insurance 1592 described in this Section 9.2.
1593 B. Coverages and Requirements. During the Term of this Agreement, Contractor shall at all times 1594 maintain, at its expense, the following coverages and requirements. The comprehensive general 1595 liability insurance shall include broad form property damage insurance. 1596 1. Minimum Coverages. Insurance coverage shall be with limits not less than the following:
1597 Comprehensive General Liability – $10,000,000 combined single limit per occurrence for 1598 bodily injury, personal injury, and property damage. 1599 Automobile Liability – $10,000,000 combined single limit per accident for bodily injury and 1600 property damage (include coverage for hired and non-owned vehicles).Workers’ 1601 Compensation – Statutory Limits/Employers’ Liability - $1,000,000/accident for bodily injury 1602 or disease.
1603 Pollution Legal Liability – $5,000,000 for bodily injury, property damage, and remediation of 1604 contaminated site.
1605 2. Additional Insured. City, its officers, agents, employees, and volunteers shall be named as 1606 additional insured on all but the workers’ compensation endorsements.
July 15, 2024 Page 42 City of San Leandro Post Collection 1607 3. Said policies shall remain in force through the life of this Agreement and, with the exception 1608 of Pollution Legal liability coverage, shall be payable on a “per occurrence” basis unless City’s 1609 Risk Manager specifically consents in writing to a “claims made” basis. For all “claims made” 1610 coverage, in the event that the Contractor changes insurance carriers, Contractor shall 1611 purchase “tail” coverage or otherwise provide for continuous coverage covering the Term of 1612 this Agreement and not less than three (3) years thereafter. Proof of such “tail” or other 1613 continuous coverage shall be required at any time that the Contractor changes to a new 1614 carrier prior to receipt of any payments due.
1615 4. The deductibles or self-insured retentions are for the account of Contractor and shall be the 1616 sole responsibility of the Contractor.
1617 5. Each insurance policy shall provide or be endorsed to state that coverage shall not be canceled 1618 by either Party, except after thirty (30) calendar days prior written notice has been given to 1619 City Contract Manager.
1620 6. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-VII, 1621 unless otherwise approved by City Risk Manager.
1622 7. The policies shall cover all activities of Contractor, its officers, employees, agents, and 1623 volunteers arising out of or in connection with this Agreement. 1624 8. For any claims relating to this Agreement, the Contractor’s insurance coverage shall be 1625 primary and non-contributory, including as respects City, its officers, agents, employees, and 1626 volunteers. Any insurance maintained by City shall apply in excess of, and not contribute with, 1627 insurance provided by Contractor’s liability insurance policy. 1628 9. The Contractor shall waive all rights of subrogation against City, its officers, employees, 1629 agents, and volunteers.
1630 C. Endorsements Prior to the Effective Date pursuant to this Agreement, Contractor shall furnish City 1631 Manager or City Manager’s designee with certificates or original endorsements reflecting coverage 1632 required by this Agreement. The certificates or endorsements are to be signed by a Person 1633 authorized by that insurer to bind coverage on its behalf. All certificates or endorsements are to be 1634 received by City Risk Manager before work commences. 1635 D. Renewals. During the Term of this Agreement, Contractor shall furnish City Risk Manager with 1636 certificates or original endorsements reflecting renewals, changes in insurance companies, and any 1637 other documents reflecting the maintenance of the required coverage throughout the entire Term 1638 of this Agreement. The certificates or endorsements are to be signed by a Person authorized by that 1639 insurer to bind coverage on its behalf.
1640 E. Workers' Compensation. Contractor shall provide workers’ compensation coverage as required by 1641 State law and shall comply with Section 3700 of the State Labor Code. 1642 F. Contractor Compliance. Contractor shall comply with all requirements of policies and the insurers. 1643 Carrying insurance shall not relieve Contractor from any obligations under this Agreement. Nothing 1644 in this Agreement may be construed as limiting in any way the extent to which the Contractor may 1645 be held responsible for payments of damages to Persons or property resulting from Contractor's or 1646 any Subcontractors’ performance of services.
July 15, 2024 Page 43 City of San Leandro Post Collection 1647 9.3 PERFORMANCE BOND
1648 Within seven (7) calendar days of the City’s notification to Contractor that the City has executed this 1649 Agreement, Contractor shall file with the City a bond, payable to the City and in a format approved by the 1650 City, securing the Contractor's performance of its obligations under this Agreement and such bond shall 1651 be renewed annually if necessary so that the performance bond is maintained at all times during the Term. 1652 The principal sum of the bond shall be eight-hundred eighty thousand one-hundred ninety-three dollars 1653 and twelve cents ($880,193.12). The bond shall be adjusted every three (3) years, commencing with Rate 1654 Period Three, to equal three (3) months of the prior Rate Period’s annual Gross Receipts. The bond shall 1655 be executed as surety by a corporation authorized to issue surety bonds in the State of California that has 1656 a rating of A or better in the most recent edition of Best’s Key Rating Guide, and that has a record of 1657 service and financial condition satisfactory to the City. 1658 In lieu of a performance bond, City and Contractor may agree that Contractor shall provide for the 1659 issuance of an irrevocable stand by letter of credit (the "Letter of Credit") by a bank approved by City in 1660 its sole discretion (the "Bank") for the benefit of City for at least the duration of the Contract Year for 1661 which the letter of credit is deposited. Such Letter of Credit shall be in the amount of two million dollars 1662 ($2,000,000) (the "Stated Amount"). Nothing in this Section 9.3 shall in any way obligate Authority to 1663 accept a letter of credit in lieu of the performance bond. 1664 The expiration date of the Letter of Credit must be sooner than the Term of this Agreement provided in 1665 Section 2.1 (the "Stated Expiration Date"), unless it provides that it will not be terminated, modified, or 1666 not renewed except after prior written notice by certified mail, return receipt requested, to City sixty (60) 1667 calendar days in advance of termination or failure to renew. The Letter of Credit may expire on the date 1668 on which the Bank receives a certificate from City saying that the Term has expired, or this Agreement has 1669 been terminated and Contractor owes City no money under this Agreement, or that Contractor has 1670 substituted an alternative letter of credit or other security document acceptable to City in City's sole 1671 discretion. The form of the Letter of Credit, including the procedures for and place of demand for payment 1672 and drawing certificate attached thereto, is subject to approval of City in its sole discretion, following the 1673 notice procedures defined in Section 12.9 below. The Letter of Credit must be transferable to any 1674 successor or assignee of City.
1675 The City shall have the right to draw against the faithful performance bond or the letter of credit in the 1676 event of an uncured default pursuant to Section 10.2. Within five (5) calendar days of receipt of notice 1677 from the City of such default, Contractor shall renew or replace such sums of money as needed to bring 1678 the faithful performance bond or letter of credit current. 1679 9.4 CORPORATE GUARANTY
1680 Concurrently with execution of this Agreement, Contractor shall furnish a Guaranty of its performance 1681 under this Agreement, in the form attached hereto as Exhibit E and incorporated herein by reference, 1682 properly executed by USA Waste of California, Inc.
July 15, 2024 Page 44 City of San Leandro Post Collection 1683 ARTICLE 10.
1684 DEFAULT AND REMEDIES
1685 10.1 EVENTS OF DEFAULT
1686 All provisions of the Agreement are considered material. Each of the following shall constitute an event 1687 of default, except where such performance failure is excused by a Force Majeure Event in accordance with 1688 Section 10.7.
1689 A. Fraud or Deceit. Contractor, its Affiliates, any Subcontractor, or any other Person employed by or 1690 with an ownership interest in Contractor, its Affiliates, or any Subcontractor practices, or attempts 1691 to practice, any fraud or deceit upon the City.
1692 B. Insolvency or Bankruptcy. Contractor becomes insolvent, unable, or unwilling to pay its debts, or 1693 upon entry of an order for relief in favor of Contractor in a bankruptcy proceeding. 1694 C. Failure to Maintain Coverage. Contractor fails to provide or maintain in full force and effect the 1695 Workers' Compensation, liability, or any other insurance coverage as required by this Agreement. 1696 D. Violations of Regulation. Contractor receives any notices, citations, orders, or filings of any 1697 regulatory body having authority over Contractor relative to this Agreement, provided that 1698 Contractor may contest any such orders or filings by appropriate proceedings conducted in good 1699 faith, in which case no breach or default of this Agreement shall be deemed to have occurred. 1700 E. Violations of Applicable Law. Contractor has been found by a court of proper jurisdiction to be in 1701 violation of Applicable Law (other than criminal law) directly or indirectly related to the 1702 performance of this Agreement, provided that Contractor may contest any such allegation or finding 1703 by appropriate proceedings conducted in good faith, in which case no breach or default of this 1704 Agreement shall be deemed to have occurred.
1705 F. Failure to Perform Direct Services.
1706 1. General. Contractor fails to Accept City Delivered Materials at the Approved Facility(ies) or 1707 ceases to provide Post-Collection Services as required under this Agreement for a period of 1708 two (2) consecutive calendar days or more, for any reason within the control of Contractor. 1709 2. Suspension or Termination of Service. There is any termination or suspension of the 1710 transaction of business by Contractor related to this Agreement lasting more than two (2) 1711 calendar days.
1712 3. Labor Unrest. Pursuant to Section 10.7, Contractor fails to perform services as required under 1713 this Agreement for any period of time due to labor unrest, including but not limited to strike, 1714 work stoppage or slowdown, sickout, picketing, or other concerted job action conducted by 1715 the Contractor’s employees or directed at the Contractor or an Affiliate; or any labor action 1716 initiated by Contractor, including but not limited to a lock-out. 1717 4. Facility Disruption. The Contractor is unable to use any of the Approved or Alternate Facilities 1718 under this Agreement for more than thirty (30) Days in a consecutive twelve (12) month 1719 period.
July 15, 2024 Page 45 City of San Leandro Post Collection 1720 G. Failure to Use Approved Facilities. Contractor fails to deliver City Delivered Materials to the 1721 appropriate Approved or Alternative Processing or Disposal Facility for each material type. 1722 H. Failure to Pay or Report. Contractor fails to make any payments to City required under this 1723 Agreement including payment of City Reimbursements or Liquidated Damages, or Contractor fails 1724 to pay Approved Facility operators as provided under this Agreement, and/or refuses to provide 1725 City with required information, reports, and/or records in a timely manner as provided for in the 1726 Agreement.
1727 I. Acts or Omissions. Any other act or omission by Contractor which violates the terms, conditions, 1728 or requirements of this Agreement, or Applicable Law and which is not corrected or remedied within 1729 the time set in the written notice of the violation or, if Contractor cannot reasonably correct or 1730 remedy the breach or violation within the time set forth in such notice, if Contractor should fail to 1731 commence to correct or remedy such violation within the time set forth in such notice and diligently 1732 effect such correction or remedy thereafter.
1733 J. False, Misleading, or Inaccurate Statements. Any representation or disclosure made to the City by 1734 Contractor in connection with or as an inducement to entering into this Agreement, or any future 1735 amendment to this Agreement, which proves to be false or misleading in any material respect as of 1736 the time such representation or disclosure is made, whether or not any such representation or 1737 disclosure appears as part of this Agreement; and, any Contractor-provided report containing a 1738 misstatement, misrepresentation, data manipulation, or an omission of fact or content explicitly 1739 defined by the Agreement, excepting non-numerical typographical and grammatical errors. 1740 K. Seizure or Attachment. There is a seizure of, attachment of, or levy on some or all of Contractor’s 1741 operating equipment, including without limitation its equipment, maintenance, or office facilities, 1742 or Approved Facility(ies), owned/operated by Contractor, by Affiliates, and/or by Subcontractors, 1743 or any part thereof.
1744 L. Criminal Activity. Contractor, its officers or managers are found guilty of Criminal Activity related 1745 directly or indirectly to performance of this Agreement or any other agreement held with the City; 1746 or employees found guilty of Criminal Activity related directly or indirectly to performance of this 1747 Agreement or any other agreement held with the City and are who not terminated or reassigned as 1748 a result of such activity.
1749 M. Assignment without Approval. Contractor transfers or assigns this Agreement without the express 1750 written approval of the City unless the assignment is permitted without City approval pursuant to 1751 Section 12.6.
1752 N. Failure to Perform Any Obligation. Contractor fails to perform any obligation established under 1753 this Agreement.
1754 City shall provide Contractor written notice of default within seven (7) calendar days of the City’s first 1755 knowledge of the Contractor’s default.
1756 10.2 RIGHT TO TERMINATE UPON UNCURED DEFAULT
1757 Contractor shall be given five (5) Business Daysfrom written notification by City to cure any default which, 1758 in the City Manager’s sole, but reasonable, opinion, creates a potential public health or safety threat; July 15, 2024 Page 46 City of San Leandro Post Collection 1759 provided, however, if Contractor cannot reasonably correct or remedy the default within the time set 1760 forth in a notice of violation, it shall be given additional time to cure, as reasonably determined by the 1761 City Contract Manager, provided Contractor commences to correct or remedy such violation within the 1762 time set forth in such notice and diligently effects such correction or remedy thereafter. 1763 Contractor shall be given five (5) Business Days from written notification by City to cure any default arising 1764 under subsections A, B, C, L, and M in Section 10.1; provided, however, if Contractor cannot reasonably 1765 correct or remedy the default within the time set forth in a notice of violation, it shall be given additional 1766 time to cure, as reasonably determined by the City Contract Manager, provided Contractor commences 1767 to correct or remedy such violation within the time set forth in such notice and diligently effects such 1768 correction or remedy thereafter. Contractor shall be given five (5) Business Days from written notification 1769 by City to cure any default arising under subsections F.1 and F.2 in Section 10.1. 1770 Contractor shall be given thirty (30) calendar days from written notification by City to cure any other 1771 default (which is not required to be cured within five (5) Business Days); provided, however, if Contractor 1772 cannot reasonably correct or remedy the default within the time set forth in a notice of violation, it shall 1773 be given additional time, as reasonably determined by the City Contract Manager, to cure provided 1774 Contractor commences to correct or remedy such violation within the time set forth in such notice and 1775 diligently effects such correction or remedy thereafter 1776 10.3 CITY’S REMEDIES IN THE EVENT OF DEFAULT
1777 Upon Contractor’s default, City has the following remedies:
1778 A. Waiver of Default. City may waive any event of default or may waive Contractor’s requirement to 1779 cure a default event if City determines that such waiver would be in the best interest of the City. 1780 City’s waiver of an event of default is not a waiver of future events of default that may have the 1781 same or similar conditions.
1782 B. Suspension of Contractor’s Obligation. City may suspend Contractor’s performance of its 1783 obligations if Contractor fails to cure default in the time frame specified in Section 10.2 until such 1784 time the Contractor can provide assurance of performance in accordance with Section 10.8. 1785 C. Liquidated Damages. City may assess Liquidated Damages for Contractor’s failure to meet specific 1786 performance standards pursuant to Section 10.6 and Exhibit F. 1787 D. Termination. In the event that Contractor should default, and the default is not cured pursuant to 1788 Section 10.2, then the City may, at its option, terminate this Agreement. In the event City decides 1789 to terminate this Agreement, the City shall serve upon Contractor twenty (20) calendar days written 1790 notice of its intention to terminate. In the event City exercises its right to terminate this Agreement, 1791 the City may, at its option, upon such termination, either directly undertake performance of the 1792 services or arrange with other Persons to perform the services with or without a written agreement. 1793 This right of termination is in addition to any other rights of City upon a failure of Contractor to 1794 perform its obligations under this Agreement.
1795 Contractor shall not be entitled to any further revenues from Processing or Disposal operations 1796 authorized hereunder from and after the date of termination.
July 15, 2024 Page 47 City of San Leandro Post Collection 1797 E. Other Available Remedies. City’s election of one (1) or more remedies described herein shall not 1798 limit the City from any and all other remedies at law and in equity including injunctive relief, etc. 1799 10.4 POSSESSION OF RECORDS UPON TERMINATION
1800 In the event of termination for an event of default, the Contractor shall, subject to Applicable Law, 1801 including laws governing data security and privacy, furnish City Manager with immediate access to all of 1802 its records related to the Post Collection Services provided under this Agreement. 1803 10.5 CITY'S REMEDIES CUMULATIVE; SPECIFIC PERFORMANCE 1804 City's rights to terminate the Agreement under Section 10.2 and to take possession of the Contractor's 1805 records under Section 10.4 are not exclusive, and City's termination of the Agreement and/or the 1806 imposition of Liquidated Damages shall not constitute an election of remedies. Instead, these rights shall 1807 be in addition to any and all other legal and equitable rights and remedies which City may have. 1808 By virtue of the nature of this Agreement, the urgency of timely, continuous, and high-quality service; the 1809 lead time required to effect alternative service; and, the rights granted by City to the Contractor, the 1810 remedy of damages for a breach hereof by Contractor is inadequate and City shall be entitled to injunctive 1811 relief (including but not limited to specific performance). 1812 10.6 PERFORMANCE STANDARDS AND LIQUIDATED DAMAGES
1813 A. General. The Parties find that as of the time of the execution of this Agreement, it is impractical, if 1814 not impossible, to reasonably ascertain the extent of damages incurred by City as a result of a 1815 breach by Contractor of its obligations under this Agreement. The factors relating to the 1816 impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial 1817 damage results to members of the public who are denied services or denied quality or reliable 1818 service; (ii) such breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits 1819 of the Agreement to individual members of the general public for whose benefit this Agreement 1820 exists, in subjective ways and in varying degrees of intensity which are incapable of measurement 1821 in precise monetary terms; (iii) that exclusive services might be available at substantially lower costs 1822 than alternative services and the monetary loss resulting from denial of services or denial of quality 1823 or reliable services is impossible to calculate in precise monetary terms; and, (iv) the termination of 1824 this Agreement for such breaches and other remedies are, at best, a means of future correction and 1825 not remedies that make the public whole for past breaches. 1826 B. Service Performance Standards; Liquidated Damages for Failure to Meet Standards. The Parties 1827 further acknowledge that consistent, reliable Processing and Disposal services are of utmost 1828 importance to City and that City has considered and relied on Contractor's representations as to its 1829 quality-of-service commitment in awarding the Agreement to it. The Parties recognize that some 1830 quantified standards of performance are necessary and appropriate to ensure consistent and 1831 reliable service and performance. The Parties further recognize that if Contractor fails to achieve 1832 the performance standards or fails to submit required documents in a timely manner, City and its 1833 residents and businesses will suffer damages, and that it is, and will be, impractical and extremely 1834 difficult to ascertain and determine the exact amount of damages that City will suffer. Therefore, 1835 without prejudice to City’s right to treat such non-performance as an event of default under this 1836 Section, the Parties agree that the Liquidated Damages amounts established in Exhibit F of this 1837 Agreement and the Liquidated Damage amounts therein represent a reasonable estimate of the July 15, 2024 Page 48 City of San Leandro Post Collection 1838 amount of such damages considering all of the circumstances existing on the Effective Date of this 1839 Agreement, including the relationship of the sums to the range of harm to City that reasonably could 1840 be anticipated and the anticipation that proof of actual damages would be costly or impractical. 1841 Contractor agrees to pay (as Liquidated Damages and not as a penalty) the amounts set forth in 1842 Exhibit F, Performance Standards and Liquidated Damages. 1843 Before assessing Liquidated Damages, City shall give Contractor notice of its intention to do so. 1844 Such notice must be within one-hundred and twenty (120) days from when the City reasonably 1845 became aware of the underlying event. The notice will include a brief description of the incident(s) 1846 and non-performance. Each party may review (and make copies at its own expense) all 1847 information in the possession of the other party relating to incident(s) and/or non-performance. 1848 Either party may, within thirty (30) Business Days after City issuing the notice, request a meeting 1849 with the other party. Each party may present evidence of non-performance in writing and through 1850 testimony of its employees and others relevant to the incident(s) and alleged non-performance. 1851 City Manager shall provide Contractor with a written explanation of their determination on each 1852 incident(s) and non-performance prior to authorizing the assessment of and non-performance 1853 prior to authorizing the assessment of Liquidated Damages under this Section 10.6. Within ten 1854 (10) Business Days of receipt of such notice of intention to assess Liquidated Damages, or within 1855 forty (40) Business Days if the intended assessment results in a material impact, as defined in 1856 Section 5.5, no Liquidated Damages may be imposed on Contractor until Contractor has been 1857 given a reasonable opportunity to respond to allegations and to meet and confer with the City 1858 Manager. The City Manager’s decision shall be final subject to Contractor’s ability to pursue 1859 judicial relief in accordance with Section 10.9.
1860 C. Amount. City may assess Liquidated Damages for each Working Day or event, as appropriate, that 1861 Contractor is determined to be liable in accordance with this Agreement in the amounts specified 1862 in Exhibit F. Liquidated Damages shall be subject to annual adjustment on each July 1 equal to the 1863 Annual Percentage Change in the CPI-U as defined in Section 8.3. 1864 D. Timing of Payment. Contractor shall pay any Liquidated Damages recoverable under this 1865 Agreement and assessed by City within ten (10) Business Days of the date the Liquidated Damages 1866 are assessed. If they are not paid within the ten (10) Business Day period, City may proceed against 1867 the performance bond required by the Agreement, order the termination of the rights or granted 1868 by this Agreement, or all of the above.
1869 10.7 EXCUSE FROM PERFORMANCE
1870 A. General. Notwithstanding any other provision in this Agreement, each Party shall be excused from 1871 performing itsrespective obligations hereunder and from any obligation to pay Liquidated Damages 1872 if it is prevented from so performing by reason of floods, earthquakes, other acts of nature, war, 1873 civil insurrection, riots, acts of any local, State, or Federal government (including judicial action), 1874 and other similar catastrophic events which are beyond the control of and not the fault of the Party 1875 claiming excuse from performance hereunder (each a “Force Majeure Event”). 1876 B. Third Party Labor Unrest. In the case of labor unrest or job action directed at a third party over 1877 whom Contractor has no control, the inability of Contractor to provide services in accordance with 1878 this Agreement due to the unwillingness or failure of the third party to: (i) provide reasonable July 15, 2024 Page 49 City of San Leandro Post Collection 1879 assurance of the safety of Contractor's employees while providing such services; or, (ii) make 1880 reasonable accommodations with respect to point of delivery, time of Acceptance, or other 1881 operating circumstances to minimize any confrontation with pickets or the number of Persons 1882 necessary to perform Transfer, Transport, Processing, or Disposal services, to that limited extent, 1883 excuse performance. The foregoing excuse shall be conditioned on Contractor's cooperation in 1884 performing Transfer, Transport, Processing, and/or Disposal services at different times and in 1885 different locations (as provided for in Section 4.1). If the Collection Contractor is unable to use any 1886 of the Approved or Alternate Facilities under this Agreement for more than thirty (30) Days in a 1887 consecutive twelve (12) month period for any reason, including, but not limited to third-party labor 1888 unrest, such circumstance shall be considered an event of default in accordance with Section 10.1.F. 1889 C. Contractor Labor Unrest. In the event of labor unrest, including but not limited to strike, work 1890 stoppage or slowdown, sickout, picketing, or other concerted job action conducted by the 1891 Contractor’s employees or directed at the Contractor, or Affiliate, the Contractor shall be excused 1892 from performance, and such event shall not be considered a Force Majeure event under this 1893 Section, for the first seven (7) days of such labor unrest. Such labor unrest beyond seven (7) days 1894 shall not be excused from performance and such event shall not be considered a Force Majeure 1895 event under this Section. Contractor may direct City Delivered Materials to an Alternate Facility, if 1896 available, as provided in Section 4.1. In such case, Contractor shall continue to provide reasonably 1897 consistent, reliable, and uninterrupted levels of performance during the pendency thereof. Any 1898 labor action initiated by Contractor, including but not limited to a lock-out, to the extent lasting 1899 beyond seven (7) days, shall not be grounds for any excuse from performance and Contractor shall 1900 perform all obligations under this Agreement during the pendency of such Contractor-initiated 1901 labor action. In the event that any labor unrest related to Contractor’s operations or facility(ies) 1902 causes those facilities to be partially or completely inaccessible by the Collection Contractor and 1903 thereby creates increased costs for the City and/or Collection Contractor related to delivery to 1904 Alternate Facilities, Contractor shall be liable for any and all such costs. In the event of such 1905 increased costs, City shall make a determination of the allowable costs under the Collection 1906 Contractor’s agreement with the City as well as any direct or indirect costs incurred by the City 1907 during the pendency of such disruption. Contractor shall pay to City or, at City’s direction, Collection 1908 Contractor the amount of such increased costs as determined by the City within thirty (30) calendar 1909 days of receiving the City’s determination.
1910 D. Notice. The Party claiming excuse from performance shall, within two (2) calendar days after such 1911 Party has notice of such cause, or such additional time as is approved by the City Contract Manager, 1912 give the other Party notice of the facts constituting such cause and asserting its claim to excuse 1913 under this Section. If either Party validly exercises its rights under this Section, the Parties hereby 1914 waive any claim against each other for any damages sustained thereby. 1915 E. Default and Termination. The partial or complete interruption or discontinuance of Contractor's 1916 services caused by one (1) or more Force Majeure Eventsshall not constitute a default by Contractor 1917 under this Agreement, except as otherwise specified in Section 10.1.F.4. Notwithstanding the 1918 foregoing, however, if Contractor is excused from performing its obligations hereunder for any of 1919 the causes listed in this Section for a period of thirty (30) calendar days or more, City shall 1920 nevertheless have the right, in its sole discretion, to terminate this Agreement for convenience by 1921 giving ten (10) Business Days’ notice to Contractor provided Contractor does not fully resume 1922 performance of its obligations hereunder within such ten (10) Business Days, in which case the 1923 provisions of Section 10.4 shall apply.
July 15, 2024 Page 50 City of San Leandro Post Collection 1924 10.8 RIGHT TO DEMAND ASSURANCES OF PERFORMANCE
1925 The Parties acknowledge that it is of the utmost importance to City and the health and safety of all those 1926 members of the public residing or doing business within City who will be adversely affected by interrupted 1927 waste management service, that there be no material interruption in services provided under this 1928 Agreement.
1929 If Contractor: (i) is the subject of any labor unrest lasting beyond seven (7) days, including work stoppage 1930 or slowdown, sick-out, picketing, or other concerted job action; (ii) appears in the reasonable judgment 1931 of City to be unable to regularly pay its bills as they become due; or, (iii) is the subject of a civil or criminal 1932 judgment or order entered by a Federal, State, regional, or local agency for violation of an Applicable Law, 1933 and City believes in good faith that Contractor's ability to perform under the Agreement has thereby been 1934 placed in substantial jeopardy, City may, at its sole option and in addition to all other remedies it may 1935 have, demand from Contractor reasonable assurances of timely and proper performance of this 1936 Agreement, in such form and substance as City believes in good faith is reasonably necessary in the 1937 circumstances to evidence continued ability to perform under the Agreement. If Contractor fails or refuses 1938 to provide satisfactory assurances of timely and proper performance in the form and by the date required 1939 by City, such failure or refusal shall be an event of default for purposes of Section 10.1. 1940 10.9 DISPUTE RESOLUTION
1941 In the event of dispute between the City Manager and the Contractor regarding the interpretation of or 1942 the performance of services under this Agreement which results in a material impact to the Contractor’s 1943 revenue and/or cost of operations, as defined in Section 5.5, the provisions of Section 10.9 shall apply. 1944 A. Meet and Confer. City and Contractor agree that they shall promptly meet and confer to attempt 1945 to resolve the matter between themselves.
1946 B. Mediation. In the event that disputes that arise under this Agreement cannot be resolved 1947 satisfactorily between the Parties in accordance with Section 10.9.A, the City and Contractor agree 1948 that such disputes shall be submitted to mandatory, non-binding mediation by a mutually agreed 1949 upon independent third party.
1950 C. Period of Time. Insofar as allowed by Applicable Law, the period of time otherwise applicable for 1951 filing claims against the City under Applicable Law shall be tolled during the period of time for which 1952 meet and confer or mediation procedures are pending, in accordance with Sections 10.9.A and 1953 10.9.B.
1954 D. Litigation. Litigation may be commenced only after all reasonable efforts to resolve the dispute(s) 1955 pursuant to Sections 10.9.A and 10.9.B have failed and any necessary claim(s) have been denied. 1956 11.1 CONTRACTOR’S CORPORATE STATUS
1957 Contractor is a corporation duly organized, validly existing, and in good standing under the laws of the 1958 State. It is qualified to transact business in the State and has the power to own its properties and to carry 1959 on its business as now owned and operated and as required by this Agreement.
July 15, 2024 Page 51 City of San Leandro Post Collection 1960 10.10 COOPERATION AND DISPUTES BETWEEN CONTRACTORS 1961 Contractor shall fully comply with its obligations to provide services under this Agreement including 1962 Acceptance of City Delivered Materials by the Collection Contractor in a manner that meets the 1963 requirements of this Agreement and Applicable Law. Contractor shall also fully comply with its obligations 1964 to deliver City Delivered Materials to Approved Processing and Approved Disposal Facilities. In the event 1965 of disputes between the Collection Contractor and the Contractor or between Contractor and the 1966 Approved Facility(ies), either party may provide written notice of the dispute to the City and any other 1967 party involved in the dispute. If Contractor initiates a written notice of dispute, such notice shall include 1968 a summary of the dispute, the section(s) of the Agreement or agreements the asserted dispute arises 1969 from, an estimate of the financial implications to Contractor asserted, and a proposed resolution. 1970 Contactor agrees to timely meet and confer directly with the Collection Contractor or Approved 1971 Facility(ies) in good faith to resolve the dispute for thirty (30) calendar days following the initial notice to 1972 the City and the other involved party. A longer period may be established if mutually agreed upon 1973 between the parties. If at the end of the thirty (30) day period, Contractor and the Collection Contractor 1974 or Contractor and Approved Facility(ies) have met and conferred in good faith but have not resolved the 1975 dispute, either party to the dispute may notify the City and the City shall facilitate the dispute resolution 1976 procedure in accordance with Section 10.9 as well as any applicable provisions of the involved party’s 1977 contract with the City. In the event of a dispute, Contractor shall continue performance of Contractor’s 1978 obligations under this Agreement and shall attempt to continue to resolve that dispute in a cooperative 1979 manner, including but not limited to negotiating in good faith. 1980 10.11 ACTS NECESSARY TO PERFORM SERVICE
1981 The City’s failure to specifically require an act necessary to perform any of the services required under 1982 this Agreement and comply with Appliable Law does not relieve Contractor of its obligation to perform 1983 such act, or the service(s) dependent on such act, or to comply with Applicable Law at all times throughout 1984 the Term of this Agreement. Further, any suggestions or recommendations, whether verbal or in writing, 1985 made by the City to Contractor shall not be relied upon by Contractor to the extent such suggestions or 1986 recommendations may compromise or inhibit Contractor’s performance under this Agreement or ability 1987 to comply with Applicable Law. Contractor assumes all liability and responsibility for actions and inactions 1988 to perform services under this Agreement in accordance with Applicable Law and expressly waives any 1989 claims against the City or use of City’s actions or inactions as a legal defense for Contractor’s failure to 1990 perform or comply with Applicable Law in the performance of this Agreement. 1991 In the event of any ambiguity as to the interpretation of the Agreement or the requirements of Contractor 1992 under this Agreement, Contractor shall be responsible for seeking clarity and approval from the City prior 1993 to engaging in actions to resolve ambiguities not otherwise explicitly stated in the Agreement. To the 1994 extent that the Contractor engages or fails to engage in performing an act in violation of this Agreement 1995 or Applicable Law and fails to obtain explicit written permission from the City in advance, the Contractor 1996 shall be solely liable and the City shall not be responsible for any payment, compensation adjustments, or 1997 administrative support arising from Contractor’s actions or inactions. To the extent the Contractor’s non1998 compliance results in increased costs to the City, City shall notify the Contractor, identifying the dollar 1999 value of such cost impacts, and Contractor shall, within thirty (30) calendar days of written notice from 2000 the City, remit such costs to the City in the form of a direct payment sent or delivered to the City or paid 2001 to the City via an electronic payment method. The City retains the right to pursue any remedies specified 2002 in this Article in the event of non-compliance, at the City Contract Manager’s sole discretion.
July 15, 2024 Page 52 City of San Leandro Post Collection 2003 ARTICLE 11.
2004 REPRESENTATIONS AND WARRANTIES OF
2005 THE PARTIES
2006 The Parties, by acceptance of this Agreement, represents and warrants the conditions presented in this 2007 Article.
2008 11.2 CONTRACTOR’S CORPORATE AUTHORIZATION
2009 Contractor has the authority to enter this Agreement and perform its obligations under this Agreement. 2010 The Board of Directors of Contractor (or the shareholders, if necessary) has taken all actions required by 2011 law, its articles of incorporation, its bylaws, or otherwise, to authorize the execution of this Agreement. 2012 The Person signing this Agreement on behalf of Contractor represents and warrants that they have 2013 authority to do so. This Agreement constitutes the legal, valid, and binding obligation of the Contractor. 2014 11.3 AGREEMENT WILL NOT CAUSE BREACH
2015 To the best of Contractor's and City’s knowledge after reasonable investigation, the execution or delivery 2016 of this Agreement or the performance by such Party of its respective obligations hereunder does not 2017 conflict with, violate, or result in a breach: (i) of any Applicable Law; or (ii) any term or condition of any 2018 judgment, order, or decree of any court, administrative agency, or other governmental authority, or any 2019 agreement or instrument to which Contractor or City is a party or by which Contractor or any of its 2020 properties or assets are bound, or constitutes a default hereunder. 2021 11.4 NO LITIGATION
2022 To the best of Contractor's and City’s knowledge after reasonable investigation, there is no action, suit, 2023 proceeding, or investigation, at law or in equity, before or by any court or governmental authority, 2024 commission, board, agency, or instrumentality decided, pending, or threatened against either Party 2025 wherein an unfavorable decision, ruling, or finding, in any single case or in the aggregate, would:
2026 A. Materially adversely affect the performance by such Party of its obligations hereunder; 2027 B. Adversely affect the validity or enforceability of this Agreement; or, 2028 C. Have a material adverse effect on the financial condition of Contractor, or any surety or entity 2029 guaranteeing Contractor's performance under this Agreement. 2030 11.5 NO ADVERSE JUDICIAL DECISIONS
2031 To the best of Contractor’s and City’s knowledge after reasonable investigation, there is no judicial 2032 decision that would prohibit this Agreement or subject this Agreement to legal challenge. 2033 11.6 NO LEGAL PROHIBITION
2034 To the best of each Party’s knowledge, after reasonable investigation, there is no Applicable Law in effect 2035 on the date that Party signed this Agreement that would prohibit the performance of that Party’s 2036 obligations under this Agreement and the transactions contemplated hereby.
July 15, 2024 Page 53 City of San Leandro Post Collection 2037 11.7 CONTRACTOR’S ABILITY TO PERFORM
2038 Contractor possesses the business, professional, and technical expertise to perform all services, 2039 obligations, and duties as described in and required by this Agreement including all Exhibits thereto. 2040 Contractor possesses the ability to secure equipment, facility, and employee resources required to 2041 perform its obligations under this Agreement and in accordance with Applicable Law. 2042 ARTICLE 12.
2043 OTHER AGREEMENTS OF THE PARTIES
2044 12.1 RELATIONSHIP OF PARTIES
2045 The Parties intend that Contractor shall perform the services required by this Agreement as an 2046 independent Contractor engaged by City and neither as an officer nor employee of City, nor as a partner 2047 or agent of, or joint venturer with, City. No employee or agent of Contractor shall be, or shall be deemed 2048 to be, an employee or agent of City. Contractor shall have the exclusive control over the manner and 2049 means of performing services under this Agreement, except as expressly provided herein. Contractor shall 2050 be solely responsible for the acts and omissions of its officers, employees, Subcontractors, and agents. 2051 Neither Contractor nor its officers, employees, Subcontractors, and agents shall obtain any rights to 2052 retirement benefits, workers' compensation benefits, or any other benefits which accrue to City 2053 employees by virtue of their employment with City. 2054 12.2 COMPLIANCE WITH LAW
2055 Contractor shall at all times, at its sole cost (except as provided in Section 8.4), comply with all Applicable 2056 Laws now in force and as they may be enacted, issued or amended during the Term. 2057 12.3 GOVERNING LAW
2058 This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the 2059 State.
2060 12.4 JURISDICTION
2061 Any lawsuits between the Parties arising out of this Agreement shall be brought and concluded in the 2062 courts of Alameda County in the State of California, which shall have exclusive jurisdiction over such 2063 lawsuits. With respect to venue, the Parties agree that this Agreement is made in and will be performed 2064 in Alameda County.
2065 12.5 BINDING ON SUCCESSORS
2066 The provisions of this Agreement shall inure to the benefit to and be binding on the successors and 2067 permitted assigns of the Parties.
2068 12.6 ASSIGNMENT
2069 Neither Party shall assign its rights nor delegate or otherwise transfer its obligations under this Agreement 2070 to any other Person without the prior written consent of the other Party. Any such assignment made July 15, 2024 Page 54 City of San Leandro Post Collection 2071 without the consent of the other Party shall be void and the attempted assignment shall constitute a 2072 material breach of this Agreement.
2073 For purposes of this Section, "assignment" shall include, but not be limited to: (i) a sale, exchange, or other 2074 transfer of substantially all of Contractor's local, regional, and/or corporate assets dedicated to service 2075 under this Agreement to a third party; (ii) a sale, exchange, or other transfer of ten percent (10%) or more 2076 of the local, regional, and/or corporate stock or ownership of Contractor to a Person (other than a transfer 2077 of shares in Contractor by the owner of such shares to members of the owner’s family or a trust for the 2078 benefit of the owner’s family, to Contractor or to another owner of shares in Contractor) except that no 2079 cumulative sale, exchange, or transfer of shares may exceed twenty percent (20%) during the Term of the 2080 Agreement (other than a transfer of shares in Contractor by the owner of such shares to members of the 2081 owner’s family or a trust for the benefit of the owner’sfamily, to Contractor or to another owner of shares 2082 in Contractor); (iii) any reorganization, consolidation, merger, recapitalization, stock issuance or re2083 issuance, voting trust, pooling agreement, escrow arrangement, liquidation, or other transaction to which 2084 Contractor or any of its shareholders is a party that results in a change of ownership or control of ten 2085 percent (10%) or more of the value or voting rights in the local, regional, and/or corporate stock of 2086 Contractor (excluding as the result of changes in ownership or control between an owner of shares in 2087 Contractor and Contractor, members of the owner’s family, or a trust for the benefit of the owner’s 2088 family); (iv) any reorganization, consolidation, merger, recapitalization, stock issuance or re-issuance, 2089 voting trust, pooling agreement, escrow arrangement, liquidation, or other transaction to which 2090 Contractor or any of its shareholders is a party that results in a change of ownership or control of ten 2091 percent (10%) or more of the value or voting rights in the local, regional, and/or corporate stock of 2092 Contractor that results from changes in ownership or control between an owner of shares in Contractor 2093 and another owner of shares in Contractor unless Contractor engages a professional manager to oversee 2094 this Agreement; (v) divestiture of an Affiliate (e.g., trucking company, materials recovery facility, Transfer 2095 station) used by Contractor to fulfill its obligations under this Agreement; and, (vi) any combination of the 2096 foregoing (whether or not in related or contemporaneous transactions) that has the effect of any such 2097 transfer or change of local, regional, and/or corporate ownership and/or control of Contractor. For 2098 purposes of this Section, the term "proposed assignee" shall refer to the proposed transferee(s) or other 2099 successor(s) in interest pursuant to the assignment. Except in the event of roman numeral (iv) above, the 2100 requirements of this section do not apply in the event of an assignment to an Affiliate of Contractor having 2101 the same ultimate parent (an “Affiliate Transfer”). 2102 Contractor acknowledges that this Agreement involves rendering a vital service to City's residents and 2103 businesses, and that City has selected Contractor to perform the services specified herein based on: (i) 2104 Contractor's experience, skill, and reputation for conducting its Organic Materials, C&D Debris, and Solid 2105 Waste management operations in a safe, effective, and responsible fashion, at all times in keeping with 2106 Applicable Law, regulations, and good waste management practices; and, (ii) Contractor's financial 2107 resources on a local, regional, and/or corporate level to maintain the required equipment and to support 2108 its indemnity obligations to City under this Agreement. City has relied on each of these factors, among 2109 others, in choosing Contractor to perform the services to be rendered by Contractor under this 2110 Agreement.
2111 If Contractor requests City's consideration of and consent to an assignment, City may deny or approve 2112 such request in its sole and complete discretion. No request by Contractor for consent to an assignment 2113 need be considered by City unless and until Contractor has met the following requirements. The City may, 2114 in its sole discretion, waive one (1) or more of these requirements.
July 15, 2024 Page 55 City of San Leandro Post Collection 2115 A. On the date City approves Contractor’s written request for the City’s written consent to an 2116 assignment and the assignment occurs, Contractor shall pay the City a transfer fee in the amount 2117 of one percent (1%) of the Gross Receipts for the most-recently completed Rate Period. 2118 B. Contractor shall pay City its actual expenses for attorneys’, consultants’, and accountants’ fees, staff 2119 time, and investigation costs necessary to investigate the suitability of any proposed assignee, and 2120 to review and finalize any documentation required as a condition for approving any such 2121 assignment. Such payment shall be required regardless of the ultimate determination of the City 2122 with regard to the approval or denial of the assignment. Upon submittal of Contractor’s request for 2123 assignment to City, Contractor shall submit an initial deposit of one hundred thousand dollars 2124 ($100,000) for this purpose.
2125 C. Contractor shall furnish City with reviewed financial statements of the proposed assignee's 2126 operations for the immediately preceding three (3) operating years. 2127 D. Contractor shall furnish City with satisfactory proof: (i) that the proposed assignee has at least ten 2128 (10) years of Organic Materials, C&D Debris, and Solid Waste management experience on a scale 2129 equal to or exceeding the scale of operations conducted by Contractor under this Agreement; (ii) 2130 that in the last five (5) years, the proposed assignee has not suffered any citations or other censure 2131 from any Federal, State, or local Contractor having jurisdiction over its waste management 2132 operations due to any significant failure to comply with State, Federal, or local waste management 2133 laws and that the assignee has provided the City with a complete list of such citations and censures; 2134 (iii) that the proposed assignee has at all times conducted its operations in an environmentally safe 2135 and conscientious fashion; (iv) that the proposed assignee conducts its operations and management 2136 practices in accordance with sound waste management practices in full compliance with all Federal, 2137 State, and local laws regulating the Processing and Disposal of Organic Materials, C&D Debris, and 2138 Solid Waste including Hazardous Waste; and, (v) that any other information required by City 2139 demonstrates that the proposed assignee can fulfill the terms of this Agreement in a timely, safe, 2140 and effective manner.
2141 E. Contractor shall provide the City with any and all additional records or documentation that, in the 2142 City Manager’s sole determination, would facilitate the review of the proposed assignment. 2143 Under no circumstances shall any proposed assignment be considered by City if Contractor is in default at 2144 any time during the period of consideration. If, in the City’s sole determination, there is any doubt 2145 regarding the compliance of the Contractor with the Agreement, City may require an audit of the 2146 Contractor’s compliance and the costs of such audit shall be paid by Contractor in advance of the 2147 performance of said audit.
2148 12.7 NO THIRD-PARTY BENEFICIARIES
2149 This Agreement is not intended to, and will not be construed to, create any right on the part of any third 2150 party to bring an action to enforce any of its terms. 2151 12.8 WAIVER
2152 The waiver by either Party of any breach or violation of any provisions of this Agreement shall not be 2153 deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach of 2154 violation of the same or any other provision. The subsequent acceptance by either Party of any monies July 15, 2024 Page 56 City of San Leandro Post Collection 2155 that become due hereunder shall not be deemed to be a waiver of any pre-existing or concurrent breach 2156 or violation by the other Party of any provision of this Agreement. 2157 12.9 NOTICE PROCEDURES
2158 All notices, demands, requests, proposals, approvals, consents, and other communications, which this 2159 Agreement requires, authorizes, or contemplates, shall be in writing and shall either be personally 2160 delivered to a representative of the Parties at the address below or deposited in the United States mail, 2161 first class postage prepaid, addressed as follows:
2162 If to City:
2163 City of San Leandro
2164 Attn: Public Works Director
2165 14200 Chapman Rd.
2166 San Leandro, CA 94578
2167 Email notice: [email protected]
2168 If to Contractor:
2169 Waste Management
2170 1333 E. Turner Road
2171 Lodi, CA 95240
2172 Email notice: [TBD]
2173
2174 The address to which communications may be delivered may be changed from time to time by a notice 2175 given in accordance with this Section. Notice shall be deemed given on the day it is personally delivered 2176 or, if mailed, three (3) calendar days from the date it is deposited in the mail. Either Party may choose to 2177 provide email notification to the other Party that notice has been deposited in the mail, however such 2178 email notification shall not constitute official notice. 2179 12.10 REPRESENTATIVES OF THE PARTIES
2180 References in this Agreement to the “City” shall mean the City’s elected body and all actions to be taken 2181 by City except as provided below. The City may delegate authority, in writing, to the City Manager and/or 2182 to other City officials and may permit such officials, in turn, to delegate in writing some or all of such 2183 authority to subordinate officers. The Contractor may rely upon actions taken by such delegates if they 2184 are within the scope of the authority properly delegated to them. 2185 The Contractor shall, by the Effective Date, designate in writing a responsible officer who shall serve as 2186 the representative of the Contractor in all matters related to the Agreement and shall inform City in 2187 writing of such designation and of any limitations upon his or her authority to bind the Contractor. City 2188 may rely upon action taken by such designated representative as actions of the Contractor unless they 2189 are outside the scope of the authority delegated to him or her by the Contractor as communicated to City.
July 15, 2024 Page 57 City of San Leandro Post Collection 2190 ARTICLE 13.
2191 MISCELLANEOUS AGREEMENTS
2192 13.1 ENTIRE AGREEMENT
2193 This Agreement is the entire agreement between the Parties with respect to the subject matter hereof 2194 and supersedes all prior and contemporaneous oral and written agreements and discussions. Each Party 2195 has cooperated in the drafting and preparation of this Agreement and this Agreement shall not be 2196 construed against any Party on the basis of drafting. This Agreement may be amended only by an 2197 agreement in writing, signed by each of the Parties hereto. 2198 13.2 SECTION HEADINGS
2199 The Article headings and Section headings in this Agreement are for convenience of reference only and 2200 are not intended to be used in the construction of this Agreement nor to alter or affect any of its 2201 provisions.
2202 13.3 REFERENCES TO LAWS
2203 All references in this Agreement to laws and regulations shall be understood to include such laws as they 2204 may be subsequently amended or recodified, unless otherwise specifically provided herein. 2205 13.4 AMENDMENTS
2206 This Agreement may not be modified or amended in any respect except in writing signed by the Parties. 2207 13.5 SEVERABILITY
2208 If any non-material provision of this Agreement is for any reason deemed to be invalid and unenforceable, 2209 the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this 2210 Agreement, which shall be enforced as if such invalid or unenforceable provision had not been contained 2211 herein.
2212 13.6 COUNTERPARTS
2213 This Agreement may be executed in counterparts, each of which shall be considered an original. 2214 13.7 EXHIBITS
2215 Each of the Exhibits identified as Exhibit “A” through “H” is attached hereto and incorporated herein and 2216 made a part hereof by this reference. In the event of a conflict between the terms of this Agreement and 2217 the terms of an Exhibit, the terms of this Agreement shall control. 2218
July 15, 2024 Page 58 City of San Leandro Post Collection 2219 IN WITNESS WHEREOF, this Agreement is entered into by the Parties hereto in Alameda County, California 2220 on the day and year first above written.
City of San Leandro
A Municipal Corporation “CITY”
Waste Management of Alameda County, Inc.
“CONTRACTOR”
Date
City Manager
Signature Date
The Foregoing Agreement Has been
Reviewed and Approval Is Recommended:
Print Name of Signatory
Title of Signatory
Date
Director, Public Works
Signature Date
APPROVED AS TO FORM:
Print Name of Signatory
Title of Signatory
Date
City Attorney
San Leandro Business License #
Approved by City Council
2221
EXHIBIT A:
DEFINITIONS
EXHIBIT A
DEFINITIONS
July 15, 2024 Page A-1 Post-Collection Agreement, Exhibit A For purposes of this Agreement, unless a different meaning is clearly required, the following words and phrases shall have the following meanings respectively ascribed to them by this Exhibit and shall be capitalized throughout this Agreement:
“AB 341” means the California Jobs and Recycling Act of 2011 (Chapter 476, Statues of 2011 [Chesbro, AB 341]), also commonly referred to as “AB 341,” as amended, supplemented, superseded, and replaced from time to time.
“AB 876” means the Assembly Bill approved by the Governor of the State of California on October 8, 2015, which added Section 41821 to the Public Resources Code, relating to solid waste as amended, supplemented, superseded, and replaced from time to time. “AB 901” means Assembly Bill approved by the Governor of the State of California on October 10, 2015, which amended Section 41821.5 of; amended, renumbered, and added Section 41821.6 of; and added Sections 41821.6 to, the Public Resources Code, relating to solid waste, as amended, supplemented, superseded, and replaced from time to time.
“AB 939” means the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), also commonly referred to as "AB 939," as amended, supplemented, superseded, and replaced from time to time.
“AB 1201” means the Solid Waste: Products: Labeling: Compostability and Biodegradability Assembly Bill approved by the Governor of the State of California on October 5, 2021, which amended Sections 42356, 42356.1, and 42357 of, and amended the heading of Chapter 5.7 (commencing with Section 42355) of Part 3 of Division 30 of, the Public Resources Code, relating to solid waste. "AB 1594" means the Assembly Bill approved by the Governor of the State of California on September 28, 2014, which amended Sections 40507 and 41781.3 of the Public Resources Code, relating to solid waste, as amended, supplemented, superseded, and replaced from time to time. "AB 1826" means the Assembly Bill approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste, as amended, supplemented, superseded, and replaced from time to time.
“AB 2176” means the Venue and Event Reduction Act of 2004 (an act to amend Section 42911 of, and to add Chapter 12.7 (commencing with Section 42648) to Part 3 of Division 30 of, the Public Resources Code, relating to Recycling), also commonly referred to as “AB 2176,” as amended, supplemented, superseded, and replaced from time to time.
"Abandoned Waste” means Bulky Items and Solid Waste that have been abandoned in the public right of way or on City property, excluding materials generated at homeless encampments and incidental litter.
EXHIBIT A
DEFINITIONS
July 15, 2024 Page A-2 Post-Collection Agreement, Exhibit A “Accept,” “Accepted,” or “Acceptance” (or any variation thereof) means and refers to materials that have been delivered to an Approved Facility and have been received by the Contractor for Processing and/or Disposal, in accordance with facility permits and Applicable Law. “Act” means the California Integrated Waste Management Act of 1989 set forth in PRC Section 40000, et seq.
“Advanced Clean Fleets (ACF) Rule” means the California Code of Regulations, Title 13, Sections 2013, 2013.1, 2013.2, 2013.3, 2013.4, 2014,2014.1, 2014.2, 2014.3, 2015, 2015.1, 2015.2, 2015.3, 2015.4, 2015.5, 2015.6, and 2016 of the Public Resources Code, as it may be amended supplemented, superseded, and replaced, and as implemented by the regulations of the California Air Resources Board (CARB). “Affiliate” means all businesses (including corporations, limited and general partnerships, and sole proprietorships) that are directly or indirectly related to Contractor by virtue of direct or indirect Ownership interests or common management, and shall be deemed to be "Affiliated with" Contractor and included within the term "Affiliates" as used herein. An Affiliate shall include: (i) a business in which Contractor has a direct or indirect Ownership interest; (ii) a business, which has a direct or indirect Ownership interest in Contractor; and/or, (iii) a business, which is also Owned, controlled, or managed by any business or individual that has a direct or indirect Ownership interest in Contractor. For the purposes of this definition, “Ownership” means ownership as defined in the constructive ownership provisions of Section 318(a) of the Internal Revenue Code of 1986, as in effect on the date here, provided that ten percent (10%) shall be substituted for fifty percent (50%) in Section 318(a)(2)(C) and in Section 318(a)(3)(C) thereof; and Section 318(a)(5)(C) shall be disregarded. For purposes of determining Ownership under this paragraph and constructive or indirect Ownership under Section 318(a), Ownership interest of less than ten percent (10%) shall be disregarded and percentage interests shall be determined on the basis of the percentage of voting interest of value which the Ownership interest represents. “Agreement” means this Agreement between City and Contractor, including all Exhibits, and any future amendments hereto.
“Alameda County Waste Management Authority” or “ACWMA” meansthe public agency formed in 1976 by a Joint Exercise of Powers Agreement among the County of Alameda, each of the fourteen (14) cities in the County, and two (2) sanitary districts that provide refuse and Recycling Collection services. ACWMA includes agencies governed by the ACWMA such as StopWaste. “Alternative Daily Cover” or “ADC” has the same meaning as in 27 CCR Section 20690. “Alternative Facility(ies)” means the Processing and/or Disposal Facility pre-approved by the City for use under the limited circumstances defined in Section 4.1.B. The initial Alternative Facilities are as follows:
(i) Redwood Landfill, Novato for Disposal; (ii) Redwood Landfill (CASP) for Organic Materials Processing, and (iii) Redwood Landfill, Guadalupe Landfill, San Jose, and K & M Recycling, Sacramento for C&D Processing.
EXHIBIT A
DEFINITIONS
July 15, 2024 Page A-3 Post-Collection Agreement, Exhibit A “Alternative Intermediate Cover” or “AIC” has the same meaning as in 27 CCR Section 20700. “Appliances” means discarded household appliances such as refrigerators, stoves, clothing washers and dryers, water heaters, dishwashers, etc., and similar items discarded by Residential Generators. “Applicable Law” means all Federal, State, County, and local laws, regulations, rules, orders, judgments, decrees, permits, approvals, or other requirement of any governmental agency having jurisdiction over the Collection, Transportation, Processing, and Disposal of Recyclable Materials, Organic Materials, C&D Debris, Disaster Debris (as defined in Section 4.7), and Solid Waste that are in force on the Effective Date and as may be enacted, issued, or amended during the Term of this Agreement. The Parties acknowledge that, as of the date of this Agreement, the State has passed legislation including, but not limited to, AB 1201, SB 54, SB 343, and the Advanced Clean Fleets Rule, where further regulatory requirements may be established.
“Approved C&D Processing Facility” means the Davis Street Resource Recovery Complex and Transfer Station, which is owned and operated by Waste Management of Alameda County, Inc. Under the limited circumstances described in Section 4.1.B, the City has pre-approved the use of the Redwood Landfill in Novato, CA, the Guadalupe Landfill in San Jose, and K&M in Sacramento, CA. “Approved Commercial Organic Materials Processing Facility” means the Organic Materials Composting Facility (OMCF) located at the Davis Street Resource Recovery Complex and Transfer Station, which is owned by Waste Management of Alameda County, Inc., and the Altamont CASP, which is owned and operated by Waste Management of Alameda County, Inc.
“Approved Disposal Facility” means the Altamont Landfill, which is owned and operated by Waste Management of Alameda County, Inc. Under the limited circumstances described in Section 4.1.B, the City has pre-approved the use of the Redwood Landfill in Novato, CA which is owned and operated by the Redwood Landfill, Inc.
“Approved Facility(ies)” means any one of or combination of the: Approved Disposal Facility; Approved Residential Organic Materials Processing Facility; Approved Commercial Organic Materials Processing Facility; and/or the Approved C&D Processing Facility.
“Approved Processing Facility(ies)” means the Approved Residential Organics Processing Facility; the Approved Commercial Organic Materials Processing Facility, and/or the Approved C&D Processing Facility. “Approved Residential Organic Materials Processing Facility” means the Altamont CASP, which is owned and operated by Waste Management of Alameda County, Inc. Under the limited circumstances described in Section 4.1.B, the City has pre-approved the use of the Redwood CASP in Novato, CA which is owned and operated by Redwood Landfill, Inc.
EXHIBIT A
DEFINITIONS
July 15, 2024 Page A-4 Post-Collection Agreement, Exhibit A “Back-Haul” means generating and Transporting Discarded Materials or C&D Debris to a destination owned and operated by the Generator using the Generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
"Beneficial Reuse" means use of material for beneficial reuse which shall include, but not be limited to, the following: ADC, AIC, final cover foundation layer, liner operations layer, leachate and landfill gas collection system, construction fill, road base, wet weather operations pads and access roads, and soil amendments for erosion control and landscaping.
“Business Days” means days during which the City offices are open to do business with the public. “CALGreen” means the California Green Building Standards Code, Part 11, Title 24, of the CCR as it may be amended from time to time.
“California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this Agreement are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
“Cardboard” means corrugated fiberboard consisting of a fluted corrugated sheet and one (1) or two (2) flat linerboards, as is often used in the manufacture of shipping containers and corrugated boxes.
Cardboard is a subset of Recyclable Materials.
“Change in Law” means any of the following events or conditions that has a material and adverse effect on the performance by either Party or any Subcontractor of its respective obligations under this Agreement (except for payment obligations) or on the activities of any Approved or Designated Facility in connection with this Agreement:
A. The enactment, adoption, promulgation, issuance, modification, or written change in administrative or judicial interpretation of any Applicable Law on or after the Effective Date; or, B. The order or judgment of any Federal, State, or local governmental body, on or after the Effective Date, to the extent such order or judgment is not the result of willful or negligent action, error, or omission, or lack of reasonable diligence of City or of Contractor (or Subcontractor), whichever is asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, error or omission or lack of reasonable diligence.
C. With respect to changes in compensation, Change in Law is limited by the specific provisions of Section 8.4.E.
“City” means the City of San Leandro, a municipal corporation, and all the territory lying within its boundaries as presently existing or as such boundaries may be modified during the Term of this Agreement.
EXHIBIT A
DEFINITIONS
July 15, 2024 Page A-5 Post-Collection Agreement, Exhibit A “City Contract Manager” means City designated employee who is responsible for the administrative management of this Agreement.
"City Delivered Materials” means Organic Materials, C&D Debris, Solid Waste, or Abandoned Materials Collected by, and delivered by, the Collection Contractor to Approved Facilities as provided in the Collection Agreement including as it may be amended in the future. “City Reimbursements” means all fees payable to the City identified and referenced in Article 7 of this Agreement. Contractor acknowledges that City Reimbursements are a cost of doing business not eligible for profit in the City. Both Parties acknowledge that all City Reimbursements are an allowable cost of business similar to any license or permit required by the Contractor to perform the services required under this Agreement and will be recovered by Contractor through the Rates. “City Service Area” means the corporate limits of the City excluding the geographic area served by the Oro Loma Sanitary District (OLSD) as shown in Exhibit I. “Clean Alternative Fuel Vehicle” means a vehicle that runs on any fuel used as the certification fuel in a low-emission vehicle, other than the primary gasoline or diesel fuel used in exhaust emission certification testing pursuant to the California Air Resources Board’s "California Exhaust Emission Standards and Test Procedures for 1988 through 2000 Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles" as incorporated by reference in Title 13, CCR, Section 1960.1, or "California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles" as incorporated by reference in Title 13, CCR, Section 1961; where low-emission vehicle means any vehicle certified to the transitional low-emission vehicle, low-emission vehicle, ultra-low emission vehicle, super ultra-low emission vehicle, or zero-emission vehicle standards established by the California Air Resources Board as described in Title 13, CCR or as may be further amended or established. “Clean Wood” means wood that is not painted, stained, coated, pressure treated, or chemical treated.
Clean Wood may include dimensional lumber, pallets, crates, chop sticks, toothpicks, stir sticks, and wooden utensils. Clean Wood excludes creosote, lumber treated with chromated copper arsenate (CCA), melamine coated furniture, and manufactured wood products such as plywood, particle board, oriented strand board, and medium density fiberboard. Clean Wood is a subset of Organic Materials. "Closure" (or any variation thereof) means the mandated activities stipulated in Applicable Law and required to be conducted following conclusion of Disposal activities at the Approved Disposal Facility or any portion of the Approved Disposal Facility such that Post-Closure activities can commence, including but not limited to all planning, design, regulatory approvals, plan implementation, construction, and monitoring.
“Collect” or “Collection” (or any variation thereof) means the act of collecting Organic Materials, C&D Debris, Solid Waste, Abandoned Waste, and other material at the place of generation in City for delivery to an Approved Facility.
EXHIBIT A
DEFINITIONS
July 15, 2024 Page A-6 Post-Collection Agreement, Exhibit A “Collection Agreement” means the Recyclables, Organics, And Solid Waste Collection Services Agreement entered into on __________ between the City and the Collection Contractor that grants an exclusive right for the Collection of City Delivered Materials and C&D Debris from within the City Service Area. “Collection Contractor” means the Contractor awarded an exclusive franchise by the City to Collect City Delivered Materials from the City Service Area and deliver such materials to Approved Facilities. “Comingled Organic Waste” means those discarded Organic Materials that are Collected from a Residential Generator that includes a mixture of Food Scraps and Yard Trimmings. Comingled Organic Waste does not include items herein defined as Excluded Waste, and contaminants such as glass, plastic (including Compostable Plastics), ceramics, metal, waxed paper, animal waste, restaurant or Commercially Collected post-consumer food waste, dirt, treated or painted wood, concrete, or tree stumps.
“Commencement Date” means the date specified in Section 2.1 when Post-Collection Services required by this Agreement shall be provided.
“Commercial” means of, from, or pertaining to non-Residential Premises where business activity is conducted, including, but not limited to, retail sales, services, wholesale operations, manufacturing, and industrial operations, but excluding businesses conducted upon Residential property which are permitted under applicable zoning regulations and are not the primary use of the property. “Commodity” means any individual category and/or grade of Recyclable Materials or C&D Debris that Contractor has Processed and separated for the purpose of marketing the material for Recycling or the finished Mulch or Compost product the Contractor has generated from the Processing of Organic Materials.
“Community Composting” means any activity that Composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 6 17855(a)(4); or as otherwise defined in 14 CCR Section 18982(a)(8).
“Compactor” means a mechanical apparatus that compresses materials together with the Container that holds the compressed materials or the Container that holds the compressed materials if it is detached from the mechanical compaction apparatus. Compactors include two (2) to four (4) cubic yard Bin Compactors serviced by front-end loader Collection vehicles and ten (10) to forty (40) cubic yard Drop Box Compactors serviced by roll-off Collection vehicles.
“Complaint” means each written or orally communicated statement made by any Person, whether to City or Contractor, alleging: (i) non-performance, or deficiencies in Contractor’s performance, of Contractor’s duties under this Agreement; or, (ii) a violation by Contractor of this Agreement.
EXHIBIT A
DEFINITIONS
July 15, 2024 Page A-7 Post-Collection Agreement, Exhibit A “Compost” or “Composting” (or any variation thereof) means the controlled biological decomposition of Organic Materials such that the resulting material meets the maximum acceptable metal concentration limits specified in Section 17868.2, pathogen reduction requirements specified in Section 17868.3 of Title 14, CCR Chapter 3.1, and the physical contamination limits of 14 CCR Section 17868.3.1. “Compostable Paper” means paper products that are approved by the City and Contractor for Collection or Processing as Organic Waste.
“Compostable Plastic(s)” means plastic materials that meet Compostability standards approved or designated by the City and as set forth under Applicable Law. Compostable Plastic shall be a subset of Organic Materials, if agreed by the City and Contractor. “Construction and Demolition Debris” or “C&D” means discarded building materials, packaging, debris, and rubble resulting from construction, alteration, remodeling, repair, or demolition operations on any pavements, excavation projects, houses, Commercial buildings, or other structures, excluding Excluded Waste. C&D Debris includes rocks, soils, tree remains, and other Yard Trimmings that result from land clearing or land development operations in preparation for construction. “Container(s)” means Bins, Carts, Compactors, Drop Boxes, and Public Litter Containers. “Contractor” means Waste Management of Alameda County, Inc., a corporation organized and operating under the laws of the State.
“Contractor’s Compensation” means the monetary compensation received by Contractor in return for providing services in accordance with this Agreement as described in Article 8. “Contractor’s Proposal” means the proposal submitted to City by Contractor on February 5, 2024 for provision of Recyclable Materials, Organic Materials, C&D Debris, and Solid Waste Post-Collection Services and certain supplemental written materials, which, as amended during negotiation of this Agreement, are included as Exhibit G to this Agreement and are incorporated by reference. “County” means the County of Alameda, California.
“Criminal Activity” means any of the following events or circumstances:
A. Convictions. The approval of a plea of nolo contendere or the entry against Contractor or any of its employees of a criminal conviction or a permanent mandatory or prohibitory injunction from a court, municipality, or regulatory agency of competent jurisdiction, based, in the case of any of Contractor’s employees, on acts taken in their official capacity on behalf of Contractor with respect to:
1. Fraud or criminal offense in connection with obtaining, attempting to obtain, procuring, or performing a public or private agreement; or
2. Bribery or attempting to bribe a public officer or employee of a local, State, or Federal agency;
EXHIBIT A
DEFINITIONS
July 15, 2024 Page A-8 Post-Collection Agreement, Exhibit A
3. Embezzlement, extortion, racketeering, false claims, false statements, forgery, falsification or destruction of records, obstruction of justice, knowingly receiving stolen property, theft, or misprision (failure to disclose) of a felony; or
4. Unlawful Disposal of Hazardous Waste or Designated Waste the occurrence of which Contractor knew or should have known; or
5. Violation of antitrust laws, including laws relating to price-fixing, bid-rigging and sales and market allocation, and of unfair and anti-competitive trade practices laws, including with respect to inflation of Solid Waste Collection, Transportation, Processing fees, or Disposal Fees; or
6. Violation of securities laws; or,
7. Felonies or misdemeanors involving moral turpitude.
“Designated Waste” means non-Hazardous Waste that may pose special Disposal problems because of its potential to contaminate the environment and that may be Disposed of only in Class II Disposal sites or Class III Disposal sites pursuant to a variance issued by the California Department of Health Services.
Designated Waste consists of those substances classified as Designated Waste by the State, in CCR Title 23, Section 2522 as may be amended from time to time.
“Disposal” or “Dispose” (or any variation thereof) means the final disposition of Solid Waste or Processing Residue at a Disposal Facility.
“Divert” or “Diversion” (or any variation thereof) means to prevent City Delivered Materials from Disposal at a landfill or transformation facilities, (including facilities using incineration, pyrolysis, distillation, gasification, or biological conversion methods) through Source Reduction, reuse, Recycling, Composting, anaerobic digestion, or other method of Processing, in accordance with the provisions of AB 939 and SB 1383.
“Drop Box” or “Debris Box” or “Roll-Off Box” means an open-top Container with a capacity of ten (10) to forty (40) cubic yards that is serviced by a roll-off Collection vehicle. “Effective Date” means the date on which the latter of the two (2) Parties signs this Agreement, subject to the provisions of Section 2.2.
“E-Waste” means discarded electronic equipment including, but not limited to, televisions, computer monitors, cathode ray tubes (CRTs), central processing units (CPUs), laptop computers, computer peripherals (including external hard drives, keyboards, scanners, and mice), printers, copiers, facsimile machines, radios, stereos, stereo speakers, VCRs, DVDs, camcorders, microwaves, telephones, cellular telephones, and other electronic devices. Some E-Waste or components thereof may be Hazardous Waste or include Hazardous Substances and thus require special handling, Processing, or Disposal. “Excluded Materials” means Hazardous Substance, Hazardous Waste, Infectious Waste, Designated Waste, volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material, waste that Contractor reasonably believes would, as a result of or upon Disposal, be a violation of local, State,
EXHIBIT A
DEFINITIONS
July 15, 2024 Page A-9 Post-Collection Agreement, Exhibit A or Federal law, regulation or ordinance, including land use restrictions or conditions, waste that cannot be Disposed of in Class III landfills, waste that in Contractor’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance, or otherwise create or expose Contractor or City to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Residential Solid Waste after implementation of programs for the safe Collection, Recycling, treatment, and Disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. “Extended Producer Responsibility Program” means an environmental program or policy codified, enforced, and/or monitored by local, State, or Federal governments in which a producer’s or retailer’s administrative, financial, operational, and/or physical responsibility for a product is extended to the postconsumer stage of a product’s life cycle. Extended Producer Responsibility Programs may be implemented by individual producers, collective industry organizations such as a producer responsibility organization, or other regulated entities specified under the program. Such programs may cover individual products or categories of products, using one (1) or more funding mechanisms, as defined in the regulation establishing the program.
“Federal” means belonging to or pertaining to the Federal government of the United States. “Food Scraps” means those Discarded Materials that will decompose and/or putrefy including: (i) all kitchen and table food waste; (ii) animal or vegetable waste that is generated during or results from the storage, preparation, cooking, or handling of food stuffs; (iii) fruit waste, grain waste, dairy waste, meat, and fish waste; and, (iv) vegetable trimmings, houseplant trimmings, flowers, and other Compostable Organic Waste common to the occupancy of Residential dwellings or businesses involved in food production, preparation, or sales.
“Food-Soiled Paper” means pre- and post-consumer Compostable Paper material that has come in contact with food or liquid such as, but not limited to, Compostable Paper plates, paper coffee cups, coffee filters, napkins, and pizza boxes, not to include paper products that are lined or coated with a plastic or non-organic wax. Food-Soiled Paper is a subset of Food Waste. “Food Waste” means Source Separated Food Scraps and Food-Soiled Paper. Food Waste is a subset of Organic Materials.
“Generator” means any Person whose act or process produces City Delivered Materials or C&D Debris, or whose act first causes City Delivered Materials or C&D Debris to become subject to regulation. “Gross Receipts” means total cash receipts collected from Collection Contractor by the Contractor for the provision of services pursuant to this Agreement, without any deductions. Gross Receipts do not include revenues from the sale of Recyclable Materials.
“Gross Tipping Fees” means total billings by the Contractor for the provision of services pursuant to this Agreement, without any deductions.
EXHIBIT A
DEFINITIONS
July 15, 2024 Page A-10 Post-Collection Agreement, Exhibit A “Hazardous Substance” means any of the following: (a) any substances defined, regulated or listed (directly or by reference) as “Hazardous Substances,” “Hazardous Materials,” “Hazardous Wastes,” “toxic waste,” “pollutant” or “toxic substances,” or similarly identified as hazardous to human health or the environment, in or pursuant to: (i) the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, 42 USC §9601 et seq. (CERCLA); (ii) the Hazardous Materials Transportation Act, 49 USC §1802, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC §6901 et seq.; (iv) the Clean Water Act, 33 USC §1251 et seq.; (v) California Health and Safety Code §§25115-25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC §7901 et seq.; and, (vii) California Water Code §13050; (b) any amendments, rules, or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereafter enacted; and, (c) any other hazardous or toxic substance, material, chemical, waste, or pollutant identified as hazardous or toxic or regulated under any other Applicable Law, including, without limitation, friable asbestos, polychlorinated biphenyls (PCBs), petroleum, natural gas, and synthetic fuel products, and by-products.
“Hazardous Waste” means any waste which meets the definitions set forth in 22 CCR Section 66261.3, et seq. and is required to be managed; or as otherwise defined in 14 CCR Section 17402(a)(7). Hazardous Waste includes hazardous wood waste.
“Holidays” means New Year’s Day, Thanksgiving Day, and Christmas Day. “Household Battery(ies)” means single-use or rechargeable dry cells (e.g., A, AA, AAA, B, C, D, 9-volt, button-type) commonly used as power sources for household or consumer products including, but not limited to, nickel-cadmium, nickel metal hydride, alkaline, mercury, mercuric oxide, silver oxide, zinc oxide, nickel-zinc, nickel iron, lithium, lithium ion, magnesium, manganese, and carbon-zinc batteries, but excluding automotive lead acid batteries or other batteries Contractor is prohibited from carrying by Applicable Law.
“Household Hazardous Waste” or “HHW” means Hazardous Waste generated at Residential Premises within the City. HHW includes paint, stain, varnish, thinner, adhesives, auto products such as old fuel, Used Motor Oil, Used Oil Filter, batteries, fluorescent bulbs, tubes, cleaners and sprays, pesticides, fertilizers and other garden products, needles, syringes, and lancets. “Incompatible Material” or “Incompatibles” means human-made inert material, including, but not limited to, glass, metal, plastic, and also includes Organic Waste that the receiving end-user, facility, operation, property, or activity is not designed, permitted, or authorized to perform Organic Waste recovery activities as defined in 14 CCR Section 18983.1(b); or as otherwise defined by 14 CCR Section 17402(a)(7.5).
“Infectious Waste” means biomedical waste generated at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities, and other similar establishments that are identified in Health and Safety Code Section 25117.5 as may be amended from time to time.
EXHIBIT A
DEFINITIONS
July 15, 2024 Page A-11 Post-Collection Agreement, Exhibit A “Liquidated Damages” means the amounts due by Contractor for failure to meet specific quantifiable standards of performance as described in Section 10.6 and Exhibit F. “Mulch” means a layer of material applied on top of soil, and, for the purposes of the Agreement, Mulch shall conform with the following conditions, or conditions as otherwise specified in 14 CCR Section 18993.1(f)(4):
A. Meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land applications specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).
B. Was produced at one (1) or more of the following types of Facilities:
1 A Compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under Division 7 of Title 14 of the CCR, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10)
2. A Transfer/Processing Facility or Transfer/Processing operation as defined in 14 CCR Section 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR, Division 7, Chapter 12
3. A Solid Waste landfill as defined in PRC Section 40195.1 that is permitted under 27 CCR, Division 2
“Municipal Code” means the City of San Leandro Municipal Code, as of the Effective Date and as it may be amended in the future.
“Occupant” means the Person who occupies a Premises.
“Organic Materials” means Yard Trimmings, Food Scraps, Compostable Paper, and Clean Wood, individually or collectively. Organic Materials may also include manure from herbivores (horses, cows, goats, sheep, rabbits, etc.). No Discarded Material shall be Organic Materials unless it is separated from Recyclable Materials and Solid Waste.
“Organic Waste” means wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, Yard Trimmings, organic Textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively. “Owner” means the Person(s) holding legal title to real property and/or any improvements thereon and shall include the Person(s) listed on the latest equalized assessment roll of the County Assessor. “Party” or “Parties” means the City and Contractor, individually or together. “Person(s)” means any individual, firm, association, organization, partnership, consortium, corporation, trust, joint venture, Commercial entity, governmental entity, public entity, or any other legal Person.
EXHIBIT A
DEFINITIONS
July 15, 2024 Page A-12 Post-Collection Agreement, Exhibit A "Per-Ton Rate" or “Rate” means the per-unit compensation owed Contractor by Collection Contractor for each Ton of City Delivered Materials as payment for all Post-Collection Services, provided under this Agreement, and as adjusted annually as provided in Article 8. "Post-Closure" means the mandated activities stipulated in Applicable Law requiring long-term monitoring and maintenance of the Approved Disposal Facility, or of any portion of the Approved Disposal Facility that has been fully Closed in compliance with Applicable Law. "Post-Collection Services” means Organic Materials Processing, C&D Debris Processing, and Solid Waste and Residue Disposal.
“Premises” means any land or building in the City where Recyclable Materials, Organic Materials, or Solid Waste are generated or accumulated.
“Processing” means to prepare, treat, or convert through some special method including the controlled separation, recovery, volume reduction, conversion, or Recycling of City Delivered Materials including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20). “Processing Facility” means any plant or site used for the purpose of sorting, cleansing, treating, or reconstituting Recyclable Materials or Reusable Materials for the purpose of making such material available for Recycling or reuse or the facility for the Processing and/or Composting of Organic Materials. “Prohibited Container Contaminants” means (i) City Delivered Materials placed in the Recyclable Materials Container that are not identified as acceptable Recyclable Materials for the City’s Recyclable Materials Container; (ii) City Delivered Materials placed in the Organic Materials Container that are not identified as acceptable Organic Materials for the City’s Organic Materials Container; (iii) City Delivered Materials placed in the Solid Waste Container that are acceptable Recyclable Materials and/or Organic Materials to be placed in City’s Organic Materials Container and/or Recyclable Materials Container; and, (iv) Excluded Waste placed in any Container.
“Projected Gross Rate Revenues” means Contractor’s projected Gross Rate Revenues calculated by multiplying the most-recent Tonnage amounts delivered to the Approved and Alternative Facility(ies) by then-current Rates.
“Rate Adjustment Factor” means the amount determined under Article 8, whichever applies for a particular Rate Period.
“Rate Period” means a twelve (12) month period, commencing July 1 and concluding June 30. “RCRA” means the Resource Conservation and Recovery Act (42 U.S.C. Section 6900 et. seq.).
EXHIBIT A
DEFINITIONS
July 15, 2024 Page A-13 Post-Collection Agreement, Exhibit A “Recycle” or “Recycling” (or any variation thereof) means the process of sorting, cleansing, treating, and reconstituting, at a Recyclable Materials Processing Facility or a Secondary Processing Facility, materials that would otherwise be Disposed of at a landfill for the purpose of returning such materials to the economy in the form of raw materials for new, reused, or reconstituted products. Recycling does not include any thermal or chemical conversion methods.
“Responsible End Markets” shall have the same meaning as in SB 54 as it may be amended, supplemented, superseded, and replaced from time to time. “Residential” means of, from, or pertaining to a Single-Family Premises, Multi-Plex, or Multi-Family Premises including Single-Family homes, apartments, condominiums, townhouse complexes, mobile home parks, and cooperative apartments.
“Residue” or “Residual” means those materials which, after Processing, are Disposed rather than Recycled, Composted, or otherwise recovered due to either the lack of markets for materials or the inability of the Processing Facility to capture and recover the materials. “Reusable Materials” means items that are capable of being used again after minimal Processing.
Reusable Materials may be Collected, Source Separated, or recovered through a Processing Facility and reuse markets developed by Contractor. Reusable Materials may include but are not limited to Textiles, furniture, and/or sporting equipment.
“SB 54” means the Plastic Pollution Prevention and Packaging Producer Responsibility Act approved by the California Governor on June 30, 2022, which amended Section 41821.5 of the Public Resources Code to add Chapter 3 (commencing with Section 42040) to Part 3 of Division 30, as amended, supplemented, superseded, and replaced from time to time. For the purposes of this Agreement, SB 54 includes any implemented regulations developed by CalRecycle, as amended supplemented, superseded, and replaced from time to time.
“SB 343” means the Environmental Advertising: Recycling Symbol: Recyclability: Products and Packaging Senate Bill approved by the California Governor on October 5, 2021, which amended Sections 17580, 17580.5 of the Business and Professions Code, and amended Sections 18015 and 42355.5 of, and added Section 42355.51 to, the Public Resources Code, relating to environmental advertising, advertising, as amended, supplemented, superseded, and replaced from time to time. For the purposes of this Agreement, SB 343 includes any implemented regulations developed by CalRecycle, as they may be amended supplemented, superseded, and replaced from time to time. “SB 1383” means the Short-Lived Climate Pollutants Act of 2016 (an act to add Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
EXHIBIT A
DEFINITIONS
July 15, 2024 Page A-14 Post-Collection Agreement, Exhibit A “SB 1383 Qualified Renewable Natural Gas” or “SB 1383 Qualified RNG” means gas derived from Organic Waste that has been Diverted from a landfill and Processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recover Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
"Secondary Processing Facility” means any downstream facility that receives City Delivered Materials and further Processes such material to recover additional material for Recycling and/or to prepare the material for use in a final product and/or for marketing as an input for a new product. A Secondary Processing Facility includes any downstream facility that receives City Delivered Materials for further Processing prior to final decomposition into a Compost product or to ready the material for sale as Mulch. A Secondary Processing Facility may be the same/initial facility at which City Delivered Materials were received or Processed or any additional facility(ies) such materials are Transported to. “Self-Haul” means the Collection and Transportation of City Delivered Materials, C&D Debris, Bulky Items, or Reusable Materials by Persons other than the Collection Contractor, including the Generator thereof and the Owner or Occupant of Residential or Commercial Premises located in City where such materials were generated.
“Self-Haul(er)” means a Person who Self-Hauls, or as otherwise defined in 14 CCR Section 18982(a)(66).
Self-Hauler also includes a Person who Back-Hauls waste. "Service Assets" means all of Contractor's fixtures, equipment, and vehicles in use, outstanding accounts receivable generated, and other property (other than real property) used by Contractor to provide the services under this Agreement, whether: (i) owned outright or pursuant to an installment sale agreement; or, (ii) leased, including right to use, possession, and occupancy, as the case may be. “Service Level” means the size of a Generator’s Container(s) and the frequency of Collection service. “Single-Family” means, notwithstanding any contrary definition in the City’s Municipal Code, any detached or attached house or residence designed or used for occupancy by one (1) family, provided that Collection service is provided to such Premises as an independent unit. “Solid Waste” means solid waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, §40191 and regulations promulgated hereunder. Excluded from the definition of Solid Waste are Excluded Materials, C&D Debris, Source Separated Recyclable Materials, Source Separated Organic Materials, and radioactive waste. Notwithstanding any provision to the contrary, Solid Waste may include de minimis volumes or concentrations of waste of a type and amount normally found in Residential Solid Waste after implementation of programs for the safe Collection, Recycling, treatment, and Disposal of HHW in compliance with Section 41500 and 41802 of the California Public Resources Code as may be amended from time to time. Solid Waste includes salvageable materials only when such materials are included for Collection in a Solid Waste Container, not Source Separated from Solid Waste at the site of generation.
EXHIBIT A
DEFINITIONS
July 15, 2024 Page A-15 Post-Collection Agreement, Exhibit A “Source Reduction” means and refers to the reduction in overall volume of City Delivered Materials generated. Methods of Source Reduction include, but are not limited to, shifting to reusable or refillable packaging or a reusable product or eliminating unnecessary packaging. “Source Separated” means the segregation, by the Generator, of materials by material type designated for separate Collection for some form of Recycling, Composting, recovery, or reuse. For Commercial Customers only, Source Separated Organic Materials refers to the Collection of only Food Scraps or only Yard Waste and does not include the Collection of a comingled stream of Food Scraps and Yard Waste. “State” means the State of California.
“Stewardship Organization” means a Person(s) that is approved or designated under Applicable Law or by a relevant governing body, including, but not limited to, CalRecycle, CARB, or the County to manage, coordinate, fund, or otherwise oversee one or more Extended Producer Responsibility Programs. The applicable Stewardship Organization for each Extended Producer Responsibility Program under this Agreement shall be designated pursuant to Applicable Law. “Subcontractor” means a Person who has entered into a contract, express or implied, with Contractor for the performance of an act that is necessary for Contractor’s fulfillment of its obligations for providing service under this Agreement. Notwithstanding any other provision in this Agreement, Vendors providing materials, supplies, or professional services to Contractor shall not be considered Subcontractors for any purpose under this Agreement (except as explicitly provided in Section 3.3 of this Agreement). “Term” means the Term of this Agreement, including extension periods if granted, as provided for in Article 2.
“Textiles” means a type of cloth or woven fabric that may be discarded by Single-Family, Multi-Plex, and Multi-Family Generators. Textiles include, but are not limited to, clothing including shoes, sheets and blankets, pillowcases, and curtains and drapes.
“Third-Party C&D Accreditor” means a City approved private, non-profit, or government entity that reviews, assesses, verifies, and accredits a C&D Processing Facility(ies) on its ability to ensure effective diversion of C&D from landfills, by providing a certification after assessment, and requiring regular recertification. “Ton” or “Tonnage” means a unit of measure for weight equivalent to two thousand (2,000) standard pounds per each ton where each pound contains sixteen (16) ounces. “Transfer” means the act of transferring City Delivered Materials from the Collection Contractor’s Route vehicles into larger vehicles for Transport to Approved Facilities for the purpose of Recycling, Processing, or Disposing of such materials.
“Transport” or “Transportation” (or any variation of) means the act of conveying City Delivered Materials from one location to another.
EXHIBIT A
DEFINITIONS
July 15, 2024 Page A-16 Post-Collection Agreement, Exhibit A “Universal Waste” or “U-Waste” means all wastes as defined by 22 CCR Subsections 66273.1 through 66273.9. These include, but are not limited to, batteries, fluorescent light bulbs, mercury switches, and EWaste. “Unpermitted Waste” means wastes or other materials that the Facility may not receive under their permits, including:
1. All materials that the Facility is not permitted to accept, excluding white goods with chlorinated fluorocarbons and capacitors removed, and other materials that Contractor accepts and safely handles, Recycles, or Disposes.
2. Friable asbestos, unless otherwise approved by applicable regulatory agencies, consisting of materials that can be crumbled with pressure and are therefore likely to emit fibers, being a naturally occurring family of carcinogenic fibrous mineral substances, which may be a Hazardous Materials if it contains more than one percent (1%) asbestos.
3. Hazardous Substance.
4. Untreated Infectious Waste (as defined by Chapter 6.1, Division 20 of the State Health and Safety Code) that have disease transmission potential and are classified as Hazardous Wastes by the State Department of Health Services, including untreated pathological and surgical wastes, untreated medical clinic wastes, untreated wastes from biological laboratories, syringes, needles, blades, tubing, bottles, drugs, patient care items such as linen or personal or food service items from contaminated areas, chemicals, personal hygiene wastes, and carcasses used for medical purposes or with known infectious disease.
5. Liquid wastes that are not spadable including cannery and food Processing wastes, landfill leachate and gas condensate, boiler blowdown water, grease trap pumpings, oil and geothermal field wastes, septic tank pumpings, rendering plant byproducts, and those liquid wastes that may be Hazardous Wastes.
6. Radioactive wastes under Chapter 7.6 (commencing with Section 25800) of Division 20 of the State Health and Safety Code, and any waste that contains a radioactive material, the storage or disposal of which is subject to any other State or Federal regulation.
This definition will be promptly amended to reflect any applicable changes in permits or Applicable Law. “Vendor” means a Person who has entered into a contract with Contractor for performance of an act that is necessary for Contractor’s fulfillment of an unsubstantial portion of its obligations for providing service under this Agreement. Vendors include, but are not limited to, printers of public education and outreach materials, document translators, material and supply providers, and professional service providers. “Working Days” means days on which the Contractor is required to provide Post-Collection Services under this Agreement.
“Yard Trimmings” means those City Delivered Materials that will decompose and/or putrefy, including, but not limited to, green trimmings, grass, weeds, flowers, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, and other types of Organic Materials resulting from normal yard and
EXHIBIT A
DEFINITIONS
July 15, 2024 Page A-17 Post-Collection Agreement, Exhibit A landscaping maintenance, subject to reasonable size restrictions such as less than 6 inch diameter for branches and trees, that may be specified in City legislation for Collection and Processing as Organic Materials under this Agreement.
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EXHIBIT B:
[RESERVED]
EXHIBIT C:
ACCEPTED ORGANIC MATERIALS
EXHIBIT C
ACCEPTED ORGANIC MATERIALS
July 15, 2024 Page C-1 Post-Collection Agreement, Exhibit C Material types accepted by Contractor at the Organic Materials Processing Facilities that Contractor intends to consistently Process and market include:
• Yard Trimmings
• Clean dimensional lumber
• Residential and Commercial Food Scraps
• Compostable Paper and Compostable Plastics subject to agreement of acceptance by both Parties
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EXHIBIT D:
REPORTING REQUIREMENTS
EXHIBIT D
REPORTING REQUIREMENTS
July 15, 2024 Page D-1 Post-Collection Agreement, Exhibit D
9. Actual vehicle Turnaround Time for each vehicle load delivered by Collection Contractor (determined in accordance with Section5.2.7 during the reporting period, upon request from Collection Contractor or the City to resolve potential disputes for exceeding the average turnaround times in the agreement
10. Date, time, Collection Contractor truck number, and reason for Contractor rejection of any City Delivered Material vehicle loads. Note: This is in addition to the on-event reporting required for each event.
11. List of any Violations received during the reporting period.
12. The total Tonnage of material generated in the City of San Leandro that is Delivered to each Approved Facility by any Facility user, including Self-Haulers, separated by material type.
13. Any operational or financial records related to Extended Producer Responsibility Programs, if any, including but not limited to:
• Invoices or receipts for new or retrofitted equipment or vehicles purchased to implement the Extended Producer Responsibility Program. • Changes to labor costs as a result of implementing the Extended Producer Responsibility Program.
• Records of reimbursements or payments made to Contractor by the Extended Producer Responsibility Programs or Stewardship Organization. • Supporting documents related to the calculation used to determine costs allocated to the City versus other facility users.
Each monthly report shall be formatted to show the previous months for the calendar year with year-todate totals.
3. Annual Report
Contractor shall submit an annual report (Annual Report) no later than forty-five (45) days after the end of each calendar year. The Annual Reports shall include, at a minimum, the following information:
Report Content. Annual
1. All information required in the monthly reports, reported for the full calendar year.
2. Documentation that Contractor paid all government fees and taxes necessary to provide services under this Agreement in accordance with Applicable Law.
3. An Approved Disposal Facility capacity status report that identifies the remaining permitted capacity, the aggregate capacity committed to other entities through Contractor’s contracts, and the available, uncommitted capacity, and the estimated remaining years of Approved Disposal Facility capacity.
4. Copies of the waste evaluation reports conducted in accordance with 14 CCR Section 17409.5.7.
EXHIBIT D
REPORTING REQUIREMENTS
July 15, 2024 Page D-2 Post-Collection Agreement, Exhibit D
5. Copies of all Recycling and Disposal Reporting System (RDRS) Quarterly Report Summaries submitted to CalRecycle during the reporting year and underlying supporting data.
6. A description of any advances in environmental mitigation measures; any advanced technologies utilized in the course of business; any pilot programs which test advanced technologies; any new third-party certifications for Diversion or other Facility standards; and reports on any recent, pending, or planned changes in facility permits.
7. A description of any issues, plans, and concerns related to the use of the Approved Facility during the past year and anticipated changes for the following year, including but not limited to, additional services provided or available, actual or anticipated need for use of Alternate Facilities, regulatory issue or concerns, permit and regulatory violations, or changes in staffing, equipment, or operations.
8. A list of all Secondary Processing Facilities used during the report year to Process, Recycle, or Compost City Delivered Materials. Such list shall include the facility’s name, physical address, and the name of the owner/facility operator.
9. Documentation of all City Delivered Materials sent to Secondary Processing Facilities including the type of materials sent to each Secondary Processing Facility and the total Tons sent to each Secondary Processing Facility by material type.
10. An explanation of any recently adopted laws or regulations, or changes to laws or regulations that Contractor expects may impact this Agreement or Contractor’s operations during the Agreement Term.
11. Any State facility report, including those required under Section 4.4.C, Contractor submits to CalRecycle or to Contractor’s Disposal Reporting System coordinator. Such State facility reports includes those submitted for any of the Approved Facilities Contractor is utilizing under this Agreement. Such annual submittals shall be in accordance with Applicable Law. If these reports are available on electronic platforms they can be incorporated by reference in the annual report.
12. Annual vehicle inventory in accordance with Section 5.12.D
13. A written notice confirming whether the Approved Organic Materials Processing Facility will or will not Accept and remove plastic bags when Processing Organic Materials.
14. In accordance with Section 5.2.2.E Quarantined Waste, a record of all compliance agreements for quarantined Organic Materials that are Disposed of, including the name of Generator (if known) or Person Delivering such material, date issued, location of final disposition, and the amount of quarantined Organic Materials that was required to be Disposed.
15. Include any issues, plans, and concerns related to the use of the Approved Facility during the past year and anticipated for the following year, including but not limited to, additional services provided or available, actual or anticipated need for use of Alternative Facilities, regulatory issue or concerns, permit and regulatory violations related to the Contractor’s ability to perform under the Agreement, etc.
EXHIBIT E: CORPORATE GUARANTY
Guarantee Agreement
This Guarantee Agreement (this “Guarantee”), dated as of ____________, 2024, is made and entered into by USA Waste of California, Inc., a Delaware corporation (“Guarantor”).
W I T N E S S E T H:
WHEREAS, Waste Management of Alameda County, Inc., a subsidiary of Guarantor (the “WM Subsidiary”) has entered into an Agreement between City of San Leandro and Waste Management of Alameda County, Inc. for Post-Collection Solid Waste Services (the “Agreement”) effective as of _________ with City of San Leandro, California (the “City”) pursuant to which WM Subsidiary shall perform certain solid waste services to the City and its residents; and
WHEREAS, Guarantor will directly or indirectly benefit from the Agreement; NOW THEREFORE, in consideration of City entering into the Agreement, Guarantor hereby covenants and agrees as follows:
1. GUARANTY. Subject to the provisions hereof, Guarantor hereby irrevocably and unconditionally guarantees the timely payment when due of the financial obligations of WM Subsidiary (the “Obligations”) to City in accordance with the Agreement. To the extent that WM Subsidiary shall fail to pay any Obligations, Guarantor shall promptly pay to City the amount due.
This Guarantee shall constitute a guarantee of payment and not of collection. The liability of Guarantor under the Guarantee shall be subject to the following:
Guarantor’s liability hereunder shall be and is specifically limited to payments expressly required to be made in accordance with the Agreement (even if such payments are deemed to be damages) and, except to the extent specifically provided in the Agreement, in no event shall Guarantor be subject hereunder to consequential, exemplary, equitable, loss of profits, punitive, tort, or any other damages, costs, or attorney’s fees.
2. DEMANDS AND NOTICE. If WM Subsidiary fails or refuses to pay any Obligations, City shall notify WM Subsidiary in writing of the manner in which WM Subsidiary has failed to pay and demand that payment be made by WM Subsidiary. If WM Subsidiary’s failure or refusal to pay continues for a period of fifteen (15) days after the date of City’s notice to WM Subsidiary, and City has elected to exercise its rights under this Guarantee, City shall make a demand upon Guarantor (hereinafter referred to as a “Payment Demand”). A Payment Demand shall be in writing and shall reasonably and briefly specify in what manner and what amount WM Subsidiary has failed to pay and an explanation of why such payment is due, with a specific statement that City is calling upon Guarantor to pay under this Guarantee. A Payment Demand satisfying the foregoing requirements shall be deemed sufficient notice to Guarantor that it must pay the Obligations. A single written Payment Demand shall be effective as to any specific default during the continuance of such default, until WM Subsidiary or Guarantor has cured such default, and additional written demands concerning such default shall not be required until such default is cured.
3. REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants that:
(a) it is a corporation duly organized and validly existing under the laws of the State of Delaware and has the corporate power and authority to execute, deliver and carry out the terms and provisions of the Guarantee;
(b) no authorization, approval, consent or order of, or registration or filing with, any court or other governmental body having jurisdiction over Guarantor is required on the part of Guarantor for the execution and delivery of this Guarantee; and
(c) this Guarantee constitutes a valid and legally binding agreement of Guarantor, except as the enforceability of this Guarantee may be limited by the effect of any applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general principles of equity.
4. SETOFFS AND COUNTERCLAIMS. Without limiting Guarantor’s own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which WM Subsidiary or any other affiliate of Guarantor is or may be entitled to arising from or out of the Agreement or otherwise, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of WM Subsidiary.
5. AMENDMENT OF GUARANTY. No term or provision of this Guarantee shall be amended, modified, altered, waived, or supplemented except in a writing signed by the parties hereto.
6. WAIVERS. Guarantor hereby waives (a) notice of acceptance of this Guarantee; (b) presentment and demand concerning the liabilities of Guarantor, except as expressly hereinabove set forth; and (c) any right to require that any action or proceeding be brought against WM Subsidiary or any other person, or except as expressly hereinabove set forth, to require that City seek enforcement of any performance against WM Subsidiary or any other person, prior to any action against Guarantor under the terms hereof.
Except as to applicable statutes of limitation, no delay of City in the exercise of, or failure to exercise, any rights hereunder shall operate as a waiver of such rights, a waiver of any other rights or a release of Guarantor from any obligations hereunder.
Guarantor consents to the renewal, compromise, extension, acceleration or other changes in the time of payment of or other changes in the terms of the Obligations, or any part thereof or any changes or modifications to the terms of the Agreement.
7. NOTICE. Any Payment Demand, notice, request, instruction, correspondence or other document to be given hereunder by any party to another (herein collectively called “Notice”) shall be in writing and delivered personally or mailed by certified mail, postage prepaid and return receipt requested, or by email with confirmation of delivery, as follows:
To City: City of San Leandro
___________________
___________________
___________________
To Guarantor: Waste Management
222 S. Mill Avenue, Suite 301
Tempe, AZ 85281
Attn: Senior Legal Counsel
Notice given by personal delivery or mail shall be effective upon actual receipt. Notice given by email shall be effective upon receipt and confirmation of delivery. All Notices by email shall be confirmed promptly after transmission in writing by certified mail or personal delivery.
Any party may change any address to which Notice is to be given to it by giving notice as provided above of such change of address.
8. MISCELLANEOUS. THIS GUARANTEE SHALL IN ALL RESPECTS BE
GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE
STATE OF CALIFORNIA, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAWS. This Guarantee shall be binding upon Guarantor, its successors and assigns and inure to the benefit of and be enforceable by City, its successors and assigns. Guarantor may assign this Guarantee and be released from its obligations hereunder with the consent of City, which consent shall not be unreasonably withheld. The Guarantee embodies the entire agreement and understanding between Guarantor and City and supersedes all prior agreements and understandings relating to the subject matter hereof. The headings in this Guarantee are for purposes of reference only, and shall not affect the meaning hereof. This Guarantee may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument.
EXECUTED as of the day and year first above written.
USA WASTE OF CALIFORNIA, INC.
By: ________________________________
Alex Oseguera, President
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EXHIBIT F:
PERFORMANCE STANDARDS AND LIQUIDATED
DAMAGES
EXHIBIT F
PERFORMANCE STANDARDS & LIQUIDATED DAMAGES
July 15, 2024 Page F-1 Post-Collection Agreement, Exhibit F The following table lists the events that constitute breaches of the Agreement's standard of performance warranting the imposition of Liquidated Damages. The table describes the incident(s) or event(s) that trigger Liquated Damages, the methods by which occurrences will principally be tracked by Contractor or City, and the dollar amounts of Liquidated Damages that the City may assess for Contractor’s failure to meet the performance requirements specified in this Agreement. In the event that the City Contract Manager determines that Contractor has failed to meet the performance standard by this Agreement and described below, the City may assess Liquidated Damages pursuant to Section 10.6 of the Agreement
EXHIBIT F
PERFORMANCE STANDARDS & LIQUIDATED DAMAGES
July 15, 2024 Page F-2 Post-Collection Agreement, Exhibit F Event of Non-Performance Definition Liquidated Damage Amount Failure to meet vehicle turnaround guarantees
specified in Section 5.2.
Contractor shall operate the Approved
Facilities such that vehicle turnaround
times do not exceed the maximum
vehicle turnaround time identified in
Section 5.2.7
For Collection Contractor vehicles:
$100 per vehicle delayed.
Failure to receive vehicles during operating hours
specified in Section 5.2.4.
Failure of the Contractor to open the
Approved Facility to the Collection
Contractor during operating days and
hours specified in Section 5.2.4.
$1,000 per hour that the Approved Facility
is not open to receive the Collection
Contractor.
Failure of Contractor to separately receive, store,
Transfer, or otherwise manage different streams of
materials received at the Approved Facility(ies) in a
manner that does not result in contamination. This
would not apply to loads that have excess
contamination as set forth in Section 5.2.3 of the
Agreement.
Failure of Contractor to separately
receive, store, Transfer, or otherwise
manage Recyclable Materials, Yard
Waste, Food Scraps, Organic Materials,
or C&D Debris that were Source
Separated by the Generator or Person
delivering the material and that were
delivered to the Approved Facility in a
manner that does not result in
contamination
$100 per Ton for each Ton of material
that has been combined, mixed, or
contaminated with another material
stream rather than separately managed,
where the total Tons per incident shall be
the combined Tonnage of the two (2) or
more material streams or contaminants
that were combined or mixed.
Failure of Contractor to achieve regulatory
compliance performance standards of Section 5.2.1.
For each Notice of Violation resulting in
an enforcement action that any part of
Contractor’s Approved Facility(ies)
receives from any regulatory body
related to Contractor responsibilities as
it pertains to the operation of the
Approved Facility(ies) as outlined in this
Agreement.
$5,000 per month or portion thereof until the
Notice of Violation is resolved.
Failure of Contractor to perform required SB 1383
material sampling or to properly conduct the
sampling, sorting, or measurements as required
under Applicable Law
Failure of Contractor to perform the SB
1383 material sampling, sorting, or
measurements required under SB 1383.
$500 per sample not collected in a given
quarter or per sample in which the
sampling, sorting, or measurements were
not properly conducted.
Timeliness of submissions of reports to the City. Failure to submit any report on time to the City (any report shall be considered
$500 per day for each day a report is late, in
accordance with Section 6.3.
EXHIBIT F
PERFORMANCE STANDARDS & LIQUIDATED DAMAGES
July 15, 2024 Page F-3 Post-Collection Agreement, Exhibit F Event of Non-Performance Definition Liquidated Damage Amount late until such time as a correct and
complete report is received by the City).
Failure to make records available upon request and
as required under the Agreement (Section 6.2).
Failure of Contractor to make reports
and records collected and retained by
the Contractor accessible to the City or
its authorized representatives within five
(5) Business Days of making a records
request.
$500 per day for each day that the
requested records are not available to the
City in accordance with Section 6.2.
Failure of the Contractor to notify the City of intent to use Subcontractor(s), as required under the
Agreement (Section 3.3).
Failure of Contractor to notify the City
anytime that a Subcontractor is used to
perform any obligations of the
Agreement.
$1,000 per incident that the Contractor fails
to notify the City of its intent to use a
Subcontractor.
Failure of Contractor to provide an accurate written
response to information requested by the City and
required under the Agreement (Section 6.1).
Failure of Contractor to provide a
complete and accurate written response
to the City’s request within the
timeframe specified in the Agreement
(which shall not be less than ten (10)
Business Days) if no timeframe is
specified in the Agreement.
$500 per day for each day that the
requested information is late in accordance
with Section 6.1.
Contractor Failure to Accept City Delivered Materials
at any Approved Facility under this Agreement
Inability of Contractor to Accept City
Delivered Materials at the appropriate
Approved Facility for that material type
for any reason other than an event of
force majeure, and without prior
arrangement for use of an Alternate
Facility.
$200/Ton
Failure to report use of any Secondary Processing
Facility not listed in Exhibit G5
Failure of Contractor to report use of
any Secondary Processing Facility used
to Process, Recycle, or Compost City
Delivered Materials
$500/Load of material Delivered to a
Secondary Processing Facility without prior
notice to, and approval by, the City..
Delivery to Non-Approved Facility Each individual occurrence of delivering City Delivered Materials to a facility
other than the Approved or Alternative
Facility(ies) designated for each
material type under Article 4 of this
$500 per failure
EXHIBIT F
PERFORMANCE STANDARDS & LIQUIDATED DAMAGES
July 15, 2024 Page F-4 Post-Collection Agreement, Exhibit F Event of Non-Performance Definition Liquidated Damage Amount Agreement.
Disposal of materials Collected for Diversion Each individual occurrence of Disposal of a load of Delivered Organic Materials
or Recyclable Materials without
Processing.
$1,000/Load
Failure to Provide Adequate Capacity Failure to provide adequate primary and alternate capacity to accept and
Process City Delivered Materials.
$1,000/Day
EXHIBIT F
PERFORMANCE STANDARDS & LIQUIDATED DAMAGES
July 15, 2024 Page F-5 Post-Collection Agreement, Exhibit F By placing Designee’s initials at the places provided, each Party specifically confirms the accuracy of the statements made above and the fact that each Party has had ample opportunity to consult with legal counsel and obtain an explanation of Liquidated Damage provisions of the time that the Agreement was made.
Contractor City
Initial Here:___________ Initial Here: _________
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EXHIBIT G:
CONTRACTOR’S PROPOSAL
CITY OF SAN LEANDRO
Solid Waste Post Collection Services
February 5, 2024
SUBMITTED BY
Waste Management of Alameda County, Inc.
CONTACT
William Avery | Area Sales Director - Industrial
(916) 938-0056 | [email protected]
Waste Management of Alameda County, Inc.
2615 Davis Street
San Leandro, CA 94577
i
Cover Letter
February 5, 2024
City of San Leandro
835 East 14th Street
San Leandro, CA 94577
Attn: Jennifer Auletta, Public Works Services Manager
Dear Ms. Auletta:
Waste Management of Alameda County, Inc. (WMAC) is pleased to submit the following response to the City of San Leandro’s (San Leandro) RFP for Solid Waste Post Collection Services. As the nation's leading waste services provider, we are committed to enhancing the communities we serve, as well as acting as stewards for the environment.
The proximity of the WMAC owned and operated Davis Street Resource Recovery Complex and Transfer Station (also known as Davis Street Transfer Station, or DSTS) provides San Leandro with the opportunity to receive service from a fully-integrated local partner who has been a part of San Leandro for decades. Along with our strategically located resources ready to service the City, San Leandro can expect:
Overall Experience. Waste Management, Inc. and its subsidiaries (WM) is a leader in post collection services throughout California and across the nation. We have been providing collection and disposal services, along with landfill and recycling facility operations, in California since 1968. Companywide, WM operates the largest network of landfills in our industry and manages the disposal of nearly 100 million tons of waste each year.
Financial Strength. WM’s financial strength stems from its position as the leading provider of comprehensive waste management services in North America. Revenue in 2022 was $19.7 billion, and WM has an asset base of $31.4 billion. WM’s financial strength is the foundation for our commitment to serve our customers, perform our obligations, and protect the environment in carrying out our broad services.
Safety and Compliance. At WM, safety is far more than just a program or strategy. It is a core value, a cornerstone of operational excellence. With more than 49,000 employees who work in the demanding and often dangerous world of waste collection, processing, and disposal, we fully recognize the responsibility of holding ourselves to the highest standards to protect our customers, employees, and the communities we serve.
We believe our local expertise will provide a win/win situation for both WM and the City of San Leandro. We are committed to providing the City with secure, long-term, safe and compliant solid waste disposal.
Sincerely,
Alex Oseguera, Director, President, Waste Management of Alameda County, Inc. (209) 327-5017 | [email protected]
Table of Contents
CITY OF SAN LEANDRO........................................................................................................ 1 Cover Letter........................................................................................................................................................................................................ i Table of Contents...............................................................................................................................................................................................ii 1 | EXECUTIVE SUMMARY.................................................................................................... 1 2 | SERVICE PROVIDER DESCRIPTION.............................................................................. 9 A. Business Structure.......................................................................................................................................................................................9 B. Qualifications ..............................................................................................................................................................................................10 C. Financial Information..................................................................................................................................................................................19 D. Experience Modification Factor.................................................................................................................................................................20 3 | TECHNICAL PROPOSAL................................................................................................22 Transfer/Transport..........................................................................................................................................................................................22 Recyclables Processing .................................................................................................................................................................................46 Organics Processing ......................................................................................................................................................................................76 C&D Processing .............................................................................................................................................................................................99 Disposal Services .........................................................................................................................................................................................128 Other Services ..............................................................................................................................................................................................155 4 | COST PROPOSAL FORM.............................................................................................157 5 | KEY TERMS AND CONDITIONS OF DRAFT AGREEMENT .....................................158 6 | OTHER PROPOSAL FORMS........................................................................................159 ATTACHMENT A: DISASTER DEBRIS MANAGEMENT PROCEDURES.......................167 1 1 | EXECUTIVE SUMMARY
Proposers shall provide an executive summary to introduce the proposal, briefly summarizing the proposed transfer/transport, recyclables processing, organics processing, C&D processing, disposal, and disaster debris management services and highlight any unique aspects of their approach. In addition, the executive summary can be used to highlight any proposed options or innovations.
Sustainable communities grow and thrive through innovation, collaboration, and the direct involvement of committed community-based organization. Waste Management of Alameda County (WMAC) is excited to offer the City of San Leandro a fully integrated, collaborative solution designed to meet, and even exceed, the City’s contract expectations. We are enthusiastic about working with San Leandro to help bolster it as a county and state leader in sustainability best practices.
Our Experienced Team is Ready to Serve, Collaborate, and Innovate WMAC understands that post collection processing and disposal services contribute to a community’s overall well-being. From our seasoned operations team at our Davis Street Resource Recovery Complex (DSTS) located right in San Leandro, to our dedicated account management professionals, WMAC team members have dedicated their careers to helping cities in Alameda County navigate changes in environmental legislation and support growing communities. WMAC has an extensive and successful history of local contract implementation, service delivery, and customer satisfaction.
Our Approach to Service Excellence
Davis Street Resource Recovery Complex
Our management team is experienced in providing excellent and responsive contract management to cities in Alameda County, Northern California, and beyond. Specifically, the DSTS is an early adopter of waste collection and diversion innovation and is staffed with accomplished industry professionals who will be available to San Leandro staff to support the contract and provide the City with the best service possible.
Situated in San Leandro, California, DSTS is a state-of-the-art facility designed to recover materials for reuse, recycling, or composting and to facilitate the transfer of trash to the Altamont Landfill in Livermore.
With 280 employees, a hauling division, multiple recycling facilities, a first-of-its-kind composting facility, in one of the most highly regulated areas, DSTS sets the example for current and future environmental performance. The recovery complex has made monumental efforts to maintain compliance with permits and regulations related to: solid waste, hazardous materials/waste, universal waste and electronic waste, waste tire hauling, SPCC/APSA, stormwater, Bay Area Air Quality Management District (BAAQMD), and wastewater discharge.
City of San Leandro
Solid Waste Post Collection Services
2 DSTS features state-of-the-art transfer and recycling facilities and provides municipal solid waste (MSW) services and solutions for San Leandro and other Alameda County Cities. • Materials accepted include recycling, garbage, green waste, construction and demolition, mattresses, carpet, tires, electronic waste, appliances, and used oil. The transfer station is permitted to receive 5,761 vehicles and 5,600 tons of materials per day. • The transfer station’s hours of operation are Monday through Friday 4:00 a.m. to 9:00 p.m. and Saturdays 5:00 a.m. to 3:00 p.m., except holidays. The facility currently employs a workforce of about 280 full-time transfer drivers, sorters, technicians, heavy equipment operators and administrative staff.
• The transfer station construction and demolition (C&D) recycling facility is Alameda County’s leading construction and demolition debris recycling complex. It was the first accredited certified mixed C&D debris recycling facility in Alameda County and its diversion rates are certified every quarter by the Recycling Certification Institute. The facility recovers clean lumber, metal, concrete, cardboard, paper, and more for recycling. Our diversion rates are recognized by the U.S. Green Building Council LEED rating system and by the counties of San Francisco, Alameda, and Contra Costa.
• The Organics Material Recovery Facility (OMRF) and the Organic Materials Compost Facility (OMCF) can process up to 300,000 tons of municipal solid waste a year extracting important organic and recyclable materials. Currently, the facilities are processing almost 150,000 tons of MSW and eliminating 14,459 metric tons of greenhouse gas emissions each year by capturing about 56,000 tons of organic material. This results in an additional greenhouse gas savings as it eliminates about 776 transfer truck trips to the landfill. • In 2011, WM constructed the first LEED Gold industrial building in San Leandro. The Organics Transfer Building collects yard trimmings and commercial and residential food scraps for composting.
• DSTS is continuing its sustainability efforts by installing solar panels on the roof of its Administration building, OMRF, OMCF, and other buildings. This sustainability initiative also positively impacts the environment by reducing reliance on the grid or other sources of energy.
The site’s solar panels generate 1,242,324 kWH/year.
• Compressed Natural Gas (CNG) powers 52 WM trucks that transport materials from the transfer station to the landfill and to other destinations. CNG is derived from the landfill gas produced at the Altamont Landfill from waste collected in Alameda County. CNG powered vehicles have a direct, positive impact on Alameda County’s air quality and environment. • DSTS houses a Landscape Center that sells our own WM EarthCare™ OMRI certified product line of compost and mulch.
• The facility houses an award-winning Education Center where students from throughout Alameda County can get a first-hand look at why waste diversion matters. Through WMAC’s long-standing agreement with StopWaste, which works with students, teachers, and school district staff across Alameda County to become leaders in waste prevention and proper recycling and composting in their schools, homes, and community. In a typical year, StopWaste uses the Education Center for 160+ classes/tours, which translates to a great learning opportunity for approximately 4,500 students.
City of San Leandro
Solid Waste Post Collection Services
3 • DSTS staff conduct dozens of tours to community and business leaders from all over the country and sometimes beyond. From San Leandro leadership to visitors from Japan and Mexico, an introduction and tour of DSTS never fails to impress.
Making San Leandro More Sustainable, For Tomorrow®
WM is investing $1B in capital to automate our recycling infrastructure. This investment is targeted to improve material quality and increase capacity.
Part of this investment is scheduled to break ground this year to make DSTS a Recycling Facility of the Future through optimization and adoption of the best technology available.
Optimization for DSTS is creating a highly differentiated recycling infrastructure unparalleled in the industry:
• Benefits for Employees – safer work environment, opportunities from an upskilling and career pathing standpoint to continue to grow in the recycling business or look for opportunities in other parts of WM.
• Benefits for Managers – more time to focus on plant operations vs. staffing concerns, more time for individual conversations with employees and training. • Benefits for Customers – more recycled material, higher quality material, and recovering commodities not traditionally recycled.
Altamont Landfill and Resource Recovery Facility
Altamont Landfill and Resource Recovery Facility is a regional facility that provides safe and convenient disposal services for communities, businesses and industries serving Alameda County and surrounding cities.
This facility is engineered with environmental protection systems that meet or exceed rigorous government regulations and are subject to highly regulated monitoring and reporting requirements.
Systems include engineered liners and covers, leachate collection and removal, and landfill gas collection and control.
Altamont Landfill and Resource Recovery Facility is recognized for its sustainable practices and leadership in landfill management.
Containment Design
The current fill area for the landfill (Fill Area 1) consists of an older Class III WM unit with a lowpermeability soil liner and leachate collection system (Unit 1), and a Class II unit with a composite liner and leachate collection system. Fill Area 2 is a 250-acre unit that utilizes a composite liner and leachate collection system.
Leachate Collection and Treatment
The leachate management system for Altamont is designed to detect and collect any leachate generated in the landfill. Collected leachate is pumped to an onsite wastewater storage facility for later use as dust control within the newer cell of the landfill.
City of San Leandro
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4 Groundwater Monitoring
Groundwater is monitored at 10 wells, both upgradient and downgradient of the waste disposal footprint. The groundwater monitoring network is sampled and analyzed semi-annually in accordance with the procedures of the facility’s groundwater sampling and analysis plan.
Renewable Energy
Since its establishment in 1980, the Altamont Landfill has worked to provide sustainable services to communities and businesses in the greater Bay Area. In 1987, Altamont was one of the first landfills to install a landfill gas to electricity plant to convert methane gas to renewable electricity. The plant delivers enough electricity to power about 3,400 homes per year.
Composting Facility
In 2018, Altamont opened the first in-county covered aerated static pile (CASP) composting facility.
By composting yard trimmings mixed with residential food scraps, Altamont is closing the loop to return soil enriching amendment to local agriculture. It is the latest addition to the award-winning WM EarthCare™ line of recycled landscape products.
Disposal Options
Class II and Class III Disposal Accepted Materials
Municipal Solid Waste
Liquids and Sludge
Contaminated Soil (Class II)
Asbestos (Friable and Non-Friable)
Construction & Demolition Debris
Industrial and Special Waste
Auto Shredder Residue
Biosolids
Green and Food Waste
Wildlife Habitat
Nearly half of Altamont Landfill’s property, almost 1,000 acres, is a dedicated wildlife habitat. This habitat protects several threatened and endangered species including, the San Joaquin Kit Fox, Western Burrowing Owl, California Red-legged Frog and California Tiger Salamander.
Local VIP Support in San Leandro
Our management team is experienced in providing excellent and responsive contract management to cities in Alameda County, Northern California, and beyond. Both Altamont and DSTS are early adopters of waste collection and diversion innovation and are staffed with accomplished industry professionals that will be available to San Leandro staff to support the contract and provide the City with the best service possible.
WMAC’s highly qualified management team, which has over 150 years of combined experience, looks forward to working with the City to implement first rate service for San Leandro.
City of San Leandro
Solid Waste Post Collection Services
5 Bill Avery | Area Director of Sales
Role in Serving San Leandro: Bill oversees all post collection sales for Davis Street operations at WM landfills and composting facilities in WM's Northern California and Nevada region.
Qualifications and Experience: Bill has over 25 years of waste experience including medical waste, hazardous waste, and solid waste industry experience. He earned his BS in Criminology/Management from California State University - Fresno.
Osvaldo Jauregui | Sr. District Manager
Role in Serving San Leandro: Osvaldo Jauregui directs an experienced team to ensure all materials are processed and diverted properly at the DSTS. He provides first-in-class disposal solutions and recovery efforts for cities and customers in the entire Bay Area.
Qualifications and Experience: Osvaldo Jauregui has been with WM for 31 years. He has been at the forefront of various facility improvements and expansions over the years and now leads the entire team at DSTS. Osvaldo’s experience in solid waste and recovery operations has been an instrumental part of DSTS’ growth over the last two decades. He is focused on providing exceptional customer service and strengthening partnerships within the community and has been an active member of the San Leandro Chamber of Commerce since 2020.
Todd Storti | Area Director, Recycling Operations
Role in Serving San Leandro: Todd ensures San Leandro’s materials are processed thoroughly for maximum material separation and diversion. Todd is proud of the work done by WMAC’s team as they provide environmental solutions for San Leandro and all Northern California.
Qualifications and Experience: Todd Storti’s background consists of over 30 years' experience in California and the Bay Area with regards to solid waste, recycling, sustainability, environmental, and alternative energy. He has helped communities establish short and long-term planning to meet State programs such as Organics Diversion, Source Separated Organics, Mandatory Commercial and Multi Unit Recycling, Household Hazardous Waste (HHW) and Electronic Waste, Cal Green C&D, grant funding, and going forward with SB 1383.
City of San Leandro
Solid Waste Post Collection Services
6 Jessica Jones | Area General Manager
Role in Serving San Leandro: Jessica oversees facility management and operations at WM landfills and composting facilities in WM's Northern California and Nevada region.
Qualifications and Experience: Jessica has over 20 years of solid waste industry experience. She earned her BS and MS in Civil Engineering from California State University, Sacramento. Jessica is a California-licensed Civil and Structural Engineer.
Marcus Nettz | Area Director Disposal Operations
Role in Serving San Leandro: Marcus is responsible for the oversight of area landfills, organics facilities, and landfill gas operations in WM’s Northern California and Nevada Region.
Qualifications and Experience: Marcus has over 30 years of solid waste industry experience. Prior to his current responsibilities, his duties included oversight of collection districts and recycling facilities, as well as being an IEPA certified landfill operator.
Lisa Williams | Industrial Account Manager, Altamont Landfill Role in Serving San Leandro: Lisa is the account manager for customers that utilize Altamont Landfill.
Qualifications and Experience: Lisa has over 12 years of experience in the waste industry. She earned her Marketing degree at University of Utah. She resides in the Bay Area.
Putting People First
With over 280 WMAC employees living and working in the San Leandro area, these proud, caring, and essential workers are the foundation of our success. We commit to taking care of each other, our customers, our communities, and the environment every day.
With our people at the heart of everything we do, we are able to foster a culture that celebrates the diversity of the WMAC team. From the front line to our leadership, our employees represent the diverse customers and communities we serve. In addition to focusing on veterans, the disabled, and the LGBTQ communities, we also set goals to lead the industry in female representation and achieve an authentically inclusive organization.
Safety is Priority Number One
The safety team at WMAC have made a significant investment to ensure safety best practices. Intruck cameras track incidents that are turned into teachable lessons. We meet bi-weekly to review videos and candidly discuss how to improve on tasks. Requisite morning huddles provide another opportunity for checks and balances to help ensure each of us goes home the way we came to work.
We prioritize ensuring each task, piece of equipment, company policy, and procedure reinforce safe City of San Leandro
Solid Waste Post Collection Services
7 actions. As a result, WMAC’s safety performance ranks among the best in the industry. Our employees understand their responsibility to the communities we serve.
The facility has managed to adapt to protocols and best management practices to safeguard the public and its employees. Over the past several years, DSTS has maintained a complaint and violation-free facility and prides itself on excellence in environmental performance.
More than a Service Provider – An Invested Community Partner In San Leandro, we are committed to having a presence at community events and building critical relationships with city staff, local schools, neighborhood associations, community-based organizations, the Chamber of Commerce, and more! Some of the events, activities, and organizations WMAC has been involved with:
• In 2020, as part of a CalRecycle grant for the OMRF, WMAC set aside $100,000 for food recovery projects, which was spent on a refrigerated truck purchased by the Alameda County Community Food Bank. ACCFB uses the truck to help distribute food throughout the County and is a leader in SB 1383 food recovery best practices, and an essential community resource.
WMAC continues to support ACCFB through annual donations. • Title Sponsor of Taste of San Leandro, March 28, 2023. • Sponsor of San Leandro Chamber "The Future is Now" Business Celebration Gala, April 27, 2023.
• Sponsor of Building Futures "Jazz It Up" Event, May 11, 2023. • Sponsor and participant (over 40 WMAC team members) of San Leandro Cherry Festival and Parade, June 3, 2023.
• Sponsor of Boys and Girls Club of San Leandro, Annual Gala, September 8, 2023.
• Sponsor of San Leandro Education Foundation Gala, September 16, 2023.
• Workforce Development Roundtable, November 7, 2023. This event was a collaboration with the Chamber and businesses in San Leandro to discuss challenges and opportunities for attracting and retaining talent in the workforce.
• Holiday Toy and Food Drive (Davis Street Community Center), November 13, 2023, through December 19, 2023. Collected and donated 10 bins of food and toys for the community.
Proven Experience for San Leandro’s Sustainable Future
WM is a committed local service provider, community partner, and sustainability innovator for cities throughout Northern California for decades. We are committed to consistently providing outstanding services for the City of San Leandro and we look forward to building strong relationships and engaging and collaborating with the City.
July 28, 2018DSTS was the 2018 recipient of the California Resource Recovery Association’s (CRRA) Outstanding Construction and Demolition Recycling Award. This award was presented to City of San Leandro
Solid Waste Post Collection Services
8 organizations that excel in the reduction and recycling of materials generated through construction and/or demolition activities.
April 28, 2022DSTS won San Leandro’s Innovation and Technology Leader award at the City of San Leandro’s Business Awards Celebration. DSTS was recognized by the San Leandro Chamber of Commerce innovation, design, construction, and operation of the Organics Material Recovery Facility OMRF and the Organic Materials Compost Facility (OMCF). 9 2 | SERVICE PROVIDER DESCRIPTION
A. Business Structure
Proposer shall include information on proposer name, contact, business structure, and business history. For all facilities, proposers shall provide ownership information including if the facility is owned and/or operated by the proposer, an affiliate, or a subcontractor. Any subcontractors used to provide services requested under this RFP shall be identified along with their role and relationship to proposer.
Waste Management of Alameda County, Inc. (WMAC) is proud to have served Alameda County for over 30 years. We look forward to collaborating with the City of San Leandro to provide seamless and efficient service.
Proposer Name Waste Management of Alameda County, Inc.
Business Structure Corporation
Waste Management of Alameda County, Inc. (“WMAC”) is wholly owned by USA Waste of California, Inc.
Business History WMAC has been in business since June 25, 1993.
Facility Information
Facility Ownership
Davis Street Resource Recovery Complex and Transfer Station (DSTS) 2615 Davis Street San Leandro, CA 94577
WMAC
Altamont Landfill and Resource Recovery Facility
10840 Altamont Pass Rd, Livermore, CA 94550
WMAC
City of San Leandro
Solid Waste Post Collection Services
10 B. Qualifications
A. Qualifications (Proposal)
Provide a brief description of proposer’s experience providing comparable post-collection services to municipal agencies in California. Include subcontractor’s experience as well, if applicable. The City may, but is not required to, request additional qualifications information and references from the proposer and conduct reference checks to verify the provided information.
References: Don’t Just Take Our Word for It
WM is a trusted environmental solutions partner for customers throughout northern California, and we provide services to many of San Leandro’s neighbors. We have included these customers in the following list of references. We encourage you to contact them so that you may learn firsthand about our excellent record of service with other customers.
Customer Contact Address Phone/Email
Oro Loma Sanitary
District
Jimmy Dang, PE, CSDM,
General Manager
2655 Grant Avenue,
San Lorenzo, CA
94580
O: 510-481-6981
C: 510-755-7956
City of Hayward Jeffrey Krump, Solid
Waste Program Manager
777 B Street
Hayward, CA 94541
(510) 583-4725
jeff.krump@haywardca.gov
San Francisco
Environment
Department
James Slattery
C&D Zero Waste Sr.
Coordinator
1155 Market St 3rd
Floor, San
Francisco, CA
94103
P: (415) 355-3767
[email protected]
City of San Leandro
Solid Waste Post Collection Services
11 B. Key Personnel (Attachments)
Proposers shall attach an organization chart for key personnel. At a minimum, key personnel shall include the chief executive officer (CEO), chief financial officer (CFO), president, vice-president, general manager, operations manager, and primary contract manager (e.g., primary liaison with the City) for the proposed facility, or other personnel with similar titles.
Waste Management of Alameda County, Inc.
Joseph J. Cassin
Vice President
Mark A. Lockett
Vice President and
Assistant
Secretary
Leslie K. Nagy
Vice President and
Treasurer
Courtney A. TIppy
Vice President and
Secretary
Alejandro
Oseguera
President
John A. Carroll
Vice President,
CFO and
Controller
James A. Wilson
Vice President
Jason C. Bohn
Assistant Secretary
Asteghik
Khajetoorians
Assistant Secretary
David J. H. Stratton
Vice President and
Assistant
Secretary
Jeff R. Bennet
Assistant Treasurer
City of San Leandro
Solid Waste Post Collection Services
12 Alex Oseguera | President, Waste Management of Alameda County Role in Serving San Leandro: Alex is committed to collaborative leadership. Alex has been with WM for 32 years and is currently the Area Vice President of Northern California/Northern Nevada. His tenure at WM has been marked by a series of successful leadership positions in both national and international operational roles, including Director of Government Affairs for California and Hawaii, Market Area General Manager, Director of Operations, and District Manager.
Qualifications and Experience: An alumnus of Georgetown University, Alex holds a master’s degree in foreign service with a concentration in international trade and finance, which underpins his strategic approach to leadership. Alex will be based out of the NCN Area office in Lodi, California.
Bill Avery | Area Director of Sales
Role in Serving San Leandro: Bill oversees all post collection sales for Davis Street operations at WM landfills and composting facilities in WM's Northern California and Nevada region.
Qualifications and Experience: Bill has over 25 years of waste experience including medical waste, hazardous waste, and solid waste industry experience. He earned his BS in Criminology/Management from California State University - Fresno.
Osvaldo Jauregui | Sr. District Manager
Role in Serving San Leandro: Osvaldo Jauregui directs an experienced team to ensure all materials are processed and diverted properly at the DSTS. He provides first-in-class disposal solutions and recovery efforts for cities and customers in the entire Bay Area.
Qualifications and Experience: Osvaldo Jauregui has been with WM for 31 years. He has been at the forefront of various facility improvements and expansions over the years and now leads the entire team at DSTS. Osvaldo’s experience in solid waste and recovery operations has been an instrumental part of DSTS’ growth over the last two decades. He is focused on providing exceptional customer service and strengthening partnerships within the community and has been an active member of the San Leandro Chamber of Commerce since 2020.
City of San Leandro
Solid Waste Post Collection Services
13 Todd Storti | Area Director, Recycling Operations
Role in Serving San Leandro: Todd ensures San Leandro’s materials are processed thoroughly for maximum material separation and diversion. Todd is proud of the work done by WMAC’s team as they provide environmental solutions for San Leandro and all Northern California.
Qualifications and Experience: Todd Storti’s background consists of over 30 years' experience in California and the Bay Area with regards to solid waste, recycling, sustainability, environmental, and alternative energy. He has helped communities establish short and long-term planning to meet State programs such as Organics Diversion, Source Separated Organics, Mandatory Commercial and Multi Unit Recycling, Household Hazardous Waste (HHW) and Electronic Waste, Cal Green C&D, grant funding, and going forward with SB 1383.
Jessica Jones | Area General Manager
Role in Serving San Leandro: Jessica oversees facility management and operations at WM landfills and composting facilities in WM's Northern California and Nevada region.
Qualifications and Experience: Jessica has over 20 years of solid waste industry experience. She earned her BS and MS in Civil Engineering from California State University, Sacramento. Jessica is a California-licensed Civil and Structural Engineer.
Marcus Nettz | Area Director Disposal Operations
Role in Serving San Leandro: Marcus is responsible for the oversight of area landfills, organics facilities, and landfill gas operations in WM’s Northern California and Nevada Region.
Qualifications and Experience: Marcus has over 30 years of solid waste industry experience. Prior to his current responsibilities, his duties included oversight of collection districts and recycling facilities, as well as being an IEPA certified landfill operator.
Lisa Williams | Industrial Account Manager, Altamont Landfill Role in Serving San Leandro: Lisa is the account manager for customers that utilize Altamont Landfill.
Qualifications and Experience: Lisa has over 12 years of experience in the waste industry. She earned her Marketing degree at University of Utah. She resides in the Bay Area.
City of San Leandro
Solid Waste Post Collection Services
14 C. Past Performance Record (Proposal)
1. Litigation and Regulatory Actions
Describe past and pending civil, legal, regulatory, and criminal actions (including arrests, indictments, litigation, grand jury investigations, etc.) now, pending, or that have occurred from 2018 to the present against key personnel, proposing private or public entity, its parent company, and all subsidiaries owned by proposing entity, as applicable.
We limited the scope of our inquiry as follows:
• The proposer’s parent (USA Waste of California, Inc.) operates throughout California, so we only included matters in our Northern California market area. • Regarding environmental regulatory matters, we only included those that were at the level of an enforcement action (not mere NOV’s, for example). However, we did include NOV’s in Section 2 responses if there was a fine, penalty or settlement. • Regarding employment regulatory matters, we did not include those in which an employee merely submitted a complaint to the agency, such as the EEOC. However, we did include all employment matters if they involved litigation or if the regulatory agency took enforcement action against WM.
• Regarding criminal matters, we excluded traffic related violations. • Individual party names were omitted due to privacy and confidentiality.
Matter Jurisdiction WM Close Date Description
xxxx v. Waste
Management of
Alameda County, Inc.
Alameda County 7/14/2022 Former employee alleged
harassment based on race
and wrongful termination.
Matter settled.
CalRecycle v. USA
Waste of California,
Inc.
CalRecycle 3/20/2019 Alleged violations of California
Beverage Container Recycling
and Litter Reduction Act for
five violations related to
payment and recordkeeping
requirements for California
recyclable commodity credits.
Matter settled.
xxxx v. USA Waste of
California, Inc.
Shasta County Open Former employee alleges
various wage and hour
violations and has filed a class
action.
City of San Leandro
Solid Waste Post Collection Services
15 xxxx v. Waste
Management, Inc.,
Waste Management
National Services,
Inc., and USA Waste
of California, Inc.
Fed. Dist. Ct. - E.D.
Cal.
Open Former employee alleges Fair
Credit Reporting Act
violations and has filed a class
action.
xxxx v. USA Waste of
California, Inc., Waste
Management, Inc.
Butte County Open Employee alleges
discrimination, wrongful
discharge, and intentional
infliction of emotional
distress.
xxxx v. USA Waste of
California, Inc., xxxx,
and xxxx
San Joaquin County 4/28/2022 Former employee alleged
wrongful termination,
discrimination, retaliation,
disparate treatment, and wage
and hour claims. Matter
settled.
California Sportfishing
Protection Alliance v.
Waste Management of
Alameda County, Inc.
Fed. Dist. Ct. - N.D.
Cal.
6/22/2021 Lawsuit under "citizen suit"
provisions of federal Clean
Water Act alleging violations
of stormwater general permit
at the Davis Street Transfer
Station. Matter settled.
xxxx, xxxx v. Waste
Management of
Alameda County, Inc.,
Alameda County
Waste Management
Authority, City of San
Leandro, and City of
Oakland
Alameda County 12/10/2020 CEQA Challenge to permitting
of WMAC organics material
recovery facility (OMRF)
proposed for the Davis Street
Transfer Station. Matter
dismissed.
xxxx v. USA Waste of
California, Inc., xxxx
Fed. Dist. Ct. - E.D.
Cal.
2/26/2019 Former employee alleged
harassment, discrimination,
retaliation, and wrongful
termination. Matter dismissed.
xxxx v. USA Waste of
California, Inc., xxxx
Alameda County 2/26/2019 Former employee alleged
harassment, discrimination,
retaliation, and wrongful
termination. Matter dismissed.
City of San Leandro
Solid Waste Post Collection Services
16 xxxx v. USA Waste of
California, Inc., Waste
Management of
California, Inc., xxxx,
xxxx
Sacramento County 11/28/2018 Former employee alleged
discrimination and wrongful
termination. Matter settled.
xxxx v. USA Waste of
California, Inc., WM
Resources, Inc.,
Waste Management of
California, Inc., xxxx
San Joaquin County 9/18/2018 Former employee alleged
discrimination and wage
violations. Matter settled.
xxxx v. USA Waste of
California, Inc.
Nevada County 9/18/2018 Former employee alleged
wrongful termination, labor
code violations, unfair
business practices, and
intentional infliction of
emotional distress. Matter
settled.
Altamont 13267 Order Sacramento County 11/9/2023 CA Central Valley Water Board issuance of Sec. 13267 Order
City of San Leandro
Solid Waste Post Collection Services
17 2. Payment of Fines, Penalties, Settlements, or Damages Provide a statement disclosing any and all fines, penalties (including liquidated damages or administrative fees), settlements, or damages of any kind paid by proposer, its parent company and subsidiaries, to public agencies from 2018 to the present, except that City may request older information if deemed necessary. For each payment, list the amount the service provider has paid, the name of the jurisdiction to which damages were paid, and the event(s) which triggered the damages. Identify what personnel and/or policy changes the service provider made in response to such incidents (e.g., terminated or reassigned employees involved, new process protocols).
For proposers relying on a service provider(s) or subcontractor(s) to provide proposed service(s), proposer shall provide both its and its service provider(s) and/or subcontractor(s) responses to the information required in this Section.
The requirements of this Section apply to:
a. Material processing, disposal, and transfer operations (as applicable) conducted in the Greater Bay Area (defined as Alameda, Contra Costa, Marin, Monterey, Napa, San Francisco, San Mateo, Santa Clara, Santa Cruz, Solano, and Sonoma counties).
b. Proposers who operate in multiple counties or states with independent management structures need only report such actions in the counties listed above in subsection a. c. Lawsuits which involved only claims for personal injury or property damage arising from vehicle accidents which resulted in defense verdicts or in judgments against defendant, or settlements of less than $10,000, need not be disclosed.
The occurrence of past or pending civil, legal, regulatory, or criminal actions does not automatically disqualify a service provider from participating in this process. However, failure to report such actions, whether discovered before or after the City executes the Agreement, shall be considered a material omission and may form the basis for disqualifying a proposer or terminating the Agreement. • CA OSHA; Waste Management of Woodland (USA Waste of California, Inc.); Fine of $4,550 paid in 2022 regarding improper use of an unapproved piece of equipment resulting in injury.
Item removed from service and staff retrained on proper equipment procedures. • CA OSHA; Davis Street Transfer Station (WMAC); Fine of $11,800 paid in 2018 regarding lack of fall protection around transfer pit, lockout/tagout violations, failure to guard portable saw, lack of eyewash. Proper hazard mitigation constraints implemented and LOTO program reviewed and corrected.
• CA OSHA; Altamont Landfill (WMAC); Six citations issued 7/30/20, with penalties totaling $2,195. Citations were for failing to have proper accessible fire extinguishers, eyewash equipment, faceplate on outlet box, relocatable power taps, and properly submitted OSHA forms. Response equipment made accessible, proper hazard mitigation constraints implemented and OSHA forms submissions corrected.
• CA OSHA; Davis Street Transfer Station (WMAC); Three citations issued 4/1/22, with penalties totaling $970.00. Citations were for failing to certify CA OSHA form 300A for 2018 and 2019, and failing to provide adequate eye wash and/or shower equipment. Certified OSHA forms from 2018 and 2019 and provided adequate eyewash and shower equipment, as necessary.
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18 D. Labor Arrangements (Proposal)
Proposers shall identify what, if any, collective bargaining agreements represent its, or their subcontractor(s)’, labor forces. If so, proposer shall identify the nature of the collective bargaining agreement(s). If proposers or their subcontractor(s) anticipate new labor agreements, proposer shall describe when it or its subcontractor(s) plans to enter into any new collective bargaining agreement(s), the labor organization(s) the proposer or subcontractor(s) will work with, and the nature of the collective bargaining agreement(s).
WM is comprised of various operating entities, some of which are party to collective bargaining agreements with unions. Each of WM’s operating entities separately manages their labor relations independent of one another. In total, approximately 20% of WM’s workforce is covered by collective bargaining agreements with various local unions across the U.S. and Canada. • Teamsters Local 70 for Drivers and Operators have an agreement in place with Waste Management of Alameda County, Inc. covering the period of July 1, 2022 through June 30, 2027.
• Warehouse Union Local No. 6 ILWU for Recycling Sorters/Material Handlers and Recycling Equipment Operators. has an agreement in place with Waste Management of Alameda County, Inc. effective January 7, 2023 through June 30, 2027. • Teamsters Local Union No. 853 has assigned ILWU Local 6 full and complete responsibility to represent Landfill Site Maintenance employees, Utility Operators, Heavy Equipment Operators, Collectors and has an agreement in place with Waste Management of Alameda County, Inc. effective June 6, 2021 through June 5, 2026. • Teamsters Local Union No. 853 has assigned ILWU Local 6 full and complete responsibility to represent Customer Service Representatives, Cash Processing Clerks, Maintenance Clerks, Receptionists, and Data Entry Clerks, and has an agreement in place with Waste Management of Alameda County, Inc. effective September 1, 2021 through August 31, 2026. • Machinists Automotive Trades District Lodge No. 190 of Northern California, International Association of Machinists and Aerospace Workers, East Bay Automotive Machinists Local 1546 have an agreement in place with Waste Management of Alameda County, Inc. effective October 1, 2021 through June 30, 2025.
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19 C. Financial Information
Proposers shall submit the most recently-completed audited financial statements for the legal entity(ies) that would execute the draft Agreement as an attachment to the proposal. All such statements are to be prepared in accordance with Generally Accepted Accounting Principles applied on a consistent basis, shall be audited in accordance with Generally Accepted Auditing Standards by an Accountant certified in the State of California, and shall include a statement by the chief financial officer (CFO) of the entity(ies) that there has been no material adverse change in such condition or operations as reflected in the submitted balance sheet and income statements since the date on which they were prepared.
Proposers may submit an electronic version of the audited financial statements or may provide a website address linking to audited financial statements if available on the proposer’s website. Copies of the statements do not need to be submitted with the proposal if web access is made available and web access instructions are clearly indicated in the proposal.
Proposers relying on a subcontractor(s) to provide any of the services shall include both the proposer’s and its subcontractor’s financial information.
Financial Strength: The Foundation for Our Commitment
As a wholly–owned, indirect subsidiary of Waste Management, Inc., Waste Management of Alameda County, Inc. (WM) does not report financial results. All financial reporting occurs through our parent entity. As a publicly traded company, WM is held to the most stringent regulations for accurate and timely financial disclosure.
Revenue in 2022 was $19.7 billion, and WM has an asset base of $31.4 billion. The company generates strong and consistent cash flow and has access to an extensive line of credit. WM’s financial strength is the foundation for our commitment to serve our customers, perform our obligations, and protect the environment in carrying out our broad services.
WM has achieved solid investment-grade credit ratings
from three major rating agencies. Most recently, the company has been assigned ratings of A-/A-2 by Standard & Poor’s, BBB+ by Fitch, and Baa1 by Moody’s. The ratings are based on expectations that management will maintain good liquidity, pursue a moderate financial policy, and allocate capital in a disciplined manner. The credit outlook from each agency for WM is characterized as stable.
WM’s financial strength, as summarized above, gives San Leandro assurance that we can and will fulfill our obligations.
• WM is committed and financially able to perform all operations in full compliance with applicable federal, state, and local regulations and to provide clear documentation of that compliance.
• WM offers the most extensive network providing waste management services in North America, including transportation, disposal, treatment, recovery, remediation, waste identification, and several other specialty services. This network enables us to provide a single source of responsibility, from transportation through disposal of waste. • Typically, new capital requirements are internally financed by WM using cash flow from existing operations - freeing our new trucks, carts, containers, and facility investments from the timelines and terms of third-party creditors.
Full financial results are available on
our website at investors.wm.com.
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20 WM's financial strength helps us to continually advance services for all of the customers we serve, including San Leandro, and we are committed to maintaining that strength.
Financial Annual Report Link
Please refer to the following link to our 2022 Annual Report:
http://nasdaqomx.mobular.net/nasdaqomx/7/3586/5105/
D. Experience Modification Factor
Provide documentation or proof of the proposer’s worker’s compensation experience modification rating for the past three years, as related to each facility proposed for City use.
Experience Modification Rate (EMR)
Experience Modification Rate (EMR) is a classification used by insurance providers to determine the risk potential of organizations. A company’s EMR is established each year by aggregating the past costs of workplace injuries. Low EMRs are an indicator of safe working conditions. The industry standard EMR is 1.0.
Site specific EMR scores are as follows:
2021 2022 2023 2021 2022 2023 2021 2022 2023
Site Name TRIR TRIR TRIR DART DART DART
Total
Work
Hours
Total
Work
Hours
Total
Work
Hours
Altamont
Landfill &
Resource
Recovery
Facility
1.44 4.44 1.37 1.44 4.44 1.37 138,682 135,021 145,594
Davis Street
Transfer
Station - San
Leandro
3.38 0 6.63 2.7 0 5.97 296,018 290,942 301,473
WM’s current EMR is .91 as illustrated in the following letter from Lockton Companies, LLC.
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21 22
3 | TECHNICAL PROPOSAL
Transfer/Transport
A. Facilities
1. Facility Information (Forms)
Proposers shall complete all facility information required in the “Transfer” Tabs of Attachment A.
Please see Attachment A.
2. Facility Documents (Attachments)
Proposers shall provide the following attachments for each facility:
a. A copy of the Solid Waste Facility Permit
Please see the following pages for the Solid Waste Permit for DSTS. It covers the following operations:
• Transfer/Processing Facility
• Anaerobic Digester/In-Vessel Composting
• Wood/Green waste Grinding and Food Waste Storage/Transfer Recycling The permit is active and currently under review by our Local Enforcement Agency, which is why a new one has not been issued yet (please see clarification).
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23 City of San Leandro
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24 City of San Leandro
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25 City of San Leandro
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26 City of San Leandro
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27 City of San Leandro
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28 City of San Leandro
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29 b. A list of current contracts with jurisdictions for transfer capacity, the estimated annual tonnage for each, the contract expiration dates, and possible extensions for each.
Jurisdiction Estimated Annual
Tonnage
Contract Expiration
Date
Possible Extension
City of Albany 5,000 tons per year 10/2031 no discussions yet City of Emeryville 12,000 tons per year 12/2030 no discussions yet City of Pleasanton 95,000 tons per year 12/2029 no discussions yet City of Berkeley 75,000 tons per year 12/2026 no discussions yet City of Dublin 35,000 tons per year 12/2026 no discussions yet City of Oakland 170,000 tons per year 2035 no discussions yet B. Operating Conditions
1. Operations Information (Forms)
Proposers shall complete all operational information required in the “Transfer” Tabs of Attachment A.
Please see Attachment A.
2. Operations Plan (Proposal)
In addition to the information to be provided in the technical proposal form (Attachment A), proposers shall submit an Operations Plan describing their plan to provide transfer and transport services in accordance with this RFP, Article 4 and Article 5 of the draft Agreement, and applicable law, as follows, at a minimum:
a. Personnel
An organization chart showing facility manager, other management and supervisory positions, and number of staff performing each function.
The following professionals are committed to operational excellence at the Davis Street.
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30 b. Material Receipt and Acceptance
To meet the requirements of Article 4 and Article 5 of the draft Agreement, including, but not limited to receiving, accepting, and safely and lawfully transferring/transporting materials received.
As a large volume transfer/processing facility, DSTS is required to obtain a Full Solid Waste Facility Permit (SWFP), as set forth in Title 27, Division 2, Subdivision 1, Chapter 4, Subchapter 3, Articles
2.0-3.2, (commencing with section 21570) shall, at the time of application, file a Transfer/Processing Report. This Transfer Processing Report (TPR) contains information which includes specifications of receiving, accepting, and safely and lawfully transferring/transporting materials received. The SWFP is enforced by the Alameda County Department of Environmental Health serving as the Local Enforcement Agency (LEA).
c. Load Checking/Unpermitted Waste
Procedures for identifying and addressing unpermitted waste in accordance with draft Agreement Section 5.2.2, including:
i. Inspecting, detecting, and rejecting unpermitted waste ii. Handling, transporting, and delivering unpermitted waste to an appropriate processing or disposal facility
In accordance with 14 CCR, Section 17409.5(a), DSTS implements a load checking program. A random load-check program is in place, which currently requires that at least eight (8) loads are randomly checked weekly to identify any hazardous or unacceptable wastes such as asbestos, City of San Leandro
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31 treated wood and household hazardous wastes. The loads to be checked are distributed among the various haulers, waste sources, and vehicle types entering the transfer station. • In particular, load checks are performed on Public MSW, third-party MSW, Multi-Family MSW, Commercial Dry Waste and construction and demolition debris deliveries. Load checks for these materials are conducted at the Public Disposal Area and C&D/Dry Waste/MMW MRF/OMRF.
• Load checks are also performed on Source Separated Food Waste and Green Waste. Load checks for these materials are conducted at the Organics Processing and Transfer Building.
Load checks for Public Green/Wood Waste are performed in the Wood Waste Transfer Area. • Load checks for Public Reuse and E-Waste and Recycling is performed in the Public Area Drop-Off.
• Additionally, all "suspicious" loads entering the site will be checked.
The employee performing the load-check inspection spreads the loads onto the inspection area as thinly as possible so that the majority of refuse is visible. Using rakes or other hand tools as needed, the inspector proceeds to examine the loads for any suspect hazardous or designated wastes. If no hazardous or designated wastes are discovered, the load is pushed to the working area and mixed with the regular waste. If suspected hazardous or designated wastes are discovered, then the loadcheck inspection team follows the proper procedure for isolating and returning the unacceptable wastes to a known generator or (if a positive identification of the generator cannot be made) packing and transporting the material to the Hazardous Waste Storage Area. All load check team members are trained in handling hazardous materials and in implementing proper procedures to protect the public.
The load checking program in effect at DSTS also applies to the OMRF operations in accordance with 14 CCR, Section 17896.25. The program includes records of load checks and the training of personnel in the recognition, proper handling, and disposition of prohibited waste. Random load check inspections for loads destined for the OMRF are currently conducted daily as indicated in the EA Conditions of the Solid Waste Facility Permit and use a similar method as described in the beginning of this section. A copy of the load checking program and copies of the load checking records for the last year will be maintained in the operating records and available for review by the appropriate regulatory agencies.
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32 d. Safety
Procedures for providing all services in a safe manner, including in accordance with Applicable Law and the insurance requirements of Draft Agreement Article 9.
Putting People First with Robust Safety Programs, Technology WM knows it is our duty to take every sensible step to
prevent injuries in the workplace and return our
employees home safely every night.
Likewise, San Leandro depends on us to safely
process and dispose of their wastes while being
mindful of our actions to protect the environment that
we share.
This is why safety is a core value for our company and
we understand the magnitude of this responsibility.
We will strive to confirm that each task, piece of
equipment, and company policy and procedure reinforces safe actions and behaviors.
Overall injury rates in our industry have improved
substantially in recent years and WM’s performance in
this area has ranked among the best. You do not need
to search long to see how we fulfill our commitment to
safety – it is woven into everything we do – from
hiring practices to training to advancing safety technologies to preventive maintenance.
For nearly 20 years, we have engaged employees on safety practices through the Mission to Zero (M2Z), where the “Zero” represents zero tolerance for unsafe actions or conditions. Based on the results of a 2021 safety culture assessment survey, WM updated our Safety Vision and Promise to be better aligned with the concept of safety as a core value. Our new Vision statement captures our desire to have all employees and community members “Get Home Safe, Every Day”.
Get Home Safe Every Day
As a People First company, keeping our people and our
communities safe is our top priority. The WM Safety Vision and Promise empowers team members to consistently
think and act in ways that directly support and strengthen the safety culture at WM.
The Vision moves WM beyond a focus on compliance by
cultivating a culture where health and safety are the
foundation of everything we do. Safety comes first on the job, all day, every day, without compromise.
Our Safety Vision and Promise is to:
Always put safety first
Take personal ownership of safety
‘Our People First’ is a core commitment of WM.
We commit to taking care of each other, our
customers, our communities, and the environment.
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33 Champion safe operations with our words and actions
Follow all safety rules
Identify and address safety risks in advance
The behaviors in our Safety Vision and Promise protect what is most valuable to us and to our customers: health and well-being.
Facility Safety
WM has robust safety programs to protect employees in our post-collection facilities, which include recycling facilities, transfer stations, and landfills. Worker absences and attrition pose safety risks to all employees in a facility, so we are diligent not only about keeping people safe, but also creating a workplace where people will want to stay long term.
In our recycling facilities, automation is a critical way we can improve safety. WM’s investments in recycling infrastructure incorporate technology like optical sorters and robotics into these facilities. By automating some of the sorting that was once done manually, these technologies will help reduce injuries and free people up to work on other tasks.
Operations within recycling facilities pose a significant safety risk due to the threat of fires - often due to lithium-ion batteries incorrectly placed in recycling carts that can ignite when the casing is compromised. To combat this, WM uses a fire
suppression technology that automatically detects fire or smoke in the recycling stream, even when no workers
are present. If needed, the system deploys a foam
cannon to put out flames, reducing potential risks to our people and significant damage to our facilities.
All post-collection facilities are adequately staffed and follow life safety critical rules. Signage throughout our facilities indicate a few life critical safety rules, such as seatbelt requirements, vehicle and foot traffic flow, speed limits, vehicle distancing (minimum 15 feet), no cellphone use zones, and warnings near open landfill pits or machinery.
Certificate of Insurance
WM secures gold-standard insurance coverage to protect our partners. Going above and beyond, we provide environmental site liability coverage, which covers all active sites that are owned or operated by WM. It offers third-party liability for bodily injury and property damage, and off-site clean-up coverage, coverage for both sudden and non-sudden pollution incidents, and transportation coverage including the loading and unloading of the vehicle. San Leandro can rest easy with WM as your service provider knowing that you are always protected by best-in-class insurance. A copy of our certificate of insurance is included on the following page.
Personnel at our post-collection facilities always
wear personal protective equipment (PPE) while
on duty, including hard hats, reflective vests and
clothing, eye/hearing protection, gloves, and
dust masks when necessary.
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34 City of San Leandro
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35 e. Traffic Control and Direction
Procedures for:
i. Constructing and maintaining roads from the facility entrance to scale house, and to point of unloading
ii. Directing on-site traffic to appropriate unloading areas to provide a safe working environment for facility, users, visitors, and employees
iii. Providing and maintaining roadways, signs, and personnel to facilitate safe and efficient traffic flow
iv. Providing for a turnaround time of no more than 20 minutes from entry to exit of the facility by City-directed vehicles
WMAC works to minimize wait times and maximize turn-around times for all customers at the Davis Street Facility. Pursuant to 14 CCR, Section 17418.3, traffic flow through DSTS is controlled to prevent interference with and/or creation of a safety hazard on adjacent public streets and roads, or create on-site safety hazards and/or interference with waste handling operations. Public traffic accesses the site via Davis Street and traffic lanes into the site and to the scale house are designed to accommodate vehicle flow, thus preventing vehicle stacking on nearby roads. There is one outbound scale and five inbound scales at the Main Scale House. In the event traffic does begin to extend onto the public street, traffic directors are utilized to ensure that traffic is distributed fully across all inbound lanes. Transfer trucks use Business Center Drive to access.
Traffic flow through the facility shall be controlled to prevent the following:
• Interference with or creation of a safety hazard on adjacent public streets or roads, • On-site safety hazards, and
• Interference with operations.
Traffic is controlled by facility signage and traffic directors located throughout the facility. f. Scale Operation
Procedures for complying with the requirements of draft Agreement Section 5.2.8 including:
i. Maintaining motor vehicles scales and associated equipment and software DSTS maintains its State-certified motor vehicle scales and associated equipment and software in accordance with Applicable Law and company policy. Scales are routinely inspected and cleaned to remove any debris. Monthly inspections check for cracks in the metal or cement, as well as any shifting of the scale(s). Scale house cameras are also inspected weekly to ensure their functionality.
Routine system software maintenance is regularly updated in the POS gate house workstations.
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36 ii. Obtaining vehicle tare weights for City-directed vehicles with periodic updating Tare weight is the empty weight of the vehicle including its body or container. If stored tare weights are allowed for use at the facility, the stored tare weights must be maintained in FASTLANE for each applicable vehicle. Davis Street will allow use of tare weights for uni-body collection vehicles and will update vehicle tare weights in accordance with the contract.
WM Fastlane Keeps Trucks Out of Lines and On the Road
Using a proprietary gate house management software system called Fastlane, WM has developed procedures to ensure accurate, real-time data reporting focused on prompt receipt and departure of vehicles. Fastlane is specially designed for receiving, tracking, and reporting solid waste transactions at our network of facilities. Fastlane offers reporting flexibility and customization to generate meaningful, timely data for our customers.
Innovation is a cornerstone of our operations. We
use a technology solution called an Application
Programming Interface (API), an integration tool
that allows for an unprecedented level of sharing
data between systems. API allows WM’s business
partners, vendors, and customers (including cities
and municipalities) to integrate data with their
applications, mobile solutions, and business
processes. API is the “middleman” that enables the
sharing and exchange of waste-related information
in different business areas including:
• Hauling related data – ticket information, service status, service confirmation, etc. • Disposal related data – ticket status and tonnage
• Billing – invoice and payment information, etc.
Finding unique ways to enable innovation through technology and being the first in the industry to provide this kind of service, sets WM apart from competitors. Our leading-edge technologies facilitate the movement of waste through our facilities in an expedited manner.
WM maintains certified scale operations at our facilities. The Fastlane system electronically captures pertinent driver, equipment, and shipment information, including, but not limited to:
• Date and time of container receipt
• Date of disposal
• Customer name
• Type of solid waste
• Tonnage of solid waste
• Type of container (i.e., closed top container or open top container) • Compacted or un-compacted container
WM will continue to work closely with San Leandro to ensure reporting compliance and all record sharing requests are addressed in a timely manner.
WM gate houses quickly process vehicles.
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37 Stored tare weights are captured from the scale or input manually. Manual input should only be allowed for sites with no scales or as required to comply with contractual agreements or regulatory requirements. At a minimum, stored tare weights must be verified and updated semi-annually (every 180 days) to ensure accuracy, or more frequently if required by local laws, permit or contract.
Random testing of stored tare weights should be completed on a quarterly basis and findings documented.
iii. Arranging for use of substitute scales
DSTS currently has 5 inbound scales and 1 outbound scale. If a scale becomes non-operational or is undergoing maintenance, traffic is redirected to the other working scales. If power goes out, an emergency generator is available to power the scales.
iv. Testing and calibrating scales
All facility motor vehicle scales are tested and calibrated by a third-party company on a quarterly basis.
v. Weighing and recording weights for all inbound vehicles delivering materials WM uses a gatehouse ticketing system called FASTLANE POS (Point of Sale) to weigh and record all inbound vehicles delivering materials. Inbound vehicles weigh in at a designated inbound scale to record gross weight and weigh out at a designated outbound scale to record tare weight after delivering materials. For greater efficiency, City-directed vehicles with stored tare weights usually weigh at an unattended scale to record total net weight of materials being delivered. vi. Weighing and recording weights for all outbound vehicles transporting recovered materials to market or secondary processing, and residue to the approved disposal facility WM uses a gatehouse ticketing system called FASTLANE POS (Point of Sale) to weigh and record weights for all outbound vehicles transporting recovered materials to market or secondary processing, and residue to the approved disposal facility. Inbound vehicles weigh in at a designated inbound scale to record gross weight and weigh out at a designated outbound scale to record tare weight after delivering materials.
vii. Paying disposal rates
Customers are billed once or twice a month based on disposal rates set up in the internal billing system (MAS).
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38 viii. Maintaining scale records
All Accounts Receivable Tickets, Bill of Lading documents, Bank deposit tickets and logs, transfer station scale tickets, and other supporting documents are sent to a 3rd party information management company to properly maintain and preserve all documents for seven (7) years. In addition, scale records can be accessed using FASTLANE CENTRAL to generate gatehouse ticketing reports.
g. Quarantined Organic Waste
Describe proposer’s plan for identifying and maintaining records regarding quarantined organic waste.
The Davis Street Transfer Station (DSTS) holds an agreement (Compliance Agreement No: 01-GW006) with the California Department of Food and Agriculture (CDFA) to help prevent the spread of pests such as Asian citrus psyllid, European grapevine moth, light brown apple moth and Phytophthora ramorum which present a real and ongoing threat to the agricultural industry, environment, and economy of the State of California.
The Agreement permits DSTS to self-execute the quarantine requirements as a Hauler/Transporter and Transfer Station. Among other provisions, DSTS is required to transport green waste in a vehicle or trailer in compliance with the California Vehicle Code sections 23114(a) and 23115(a), and only accept green waste from a transporter/hauler operating under a compliance agreement.
The movement of green waste must abide by the following:
a) Movement of unprocessed green waste is regulated, and it must remain within the Quarantine Area.
b) Movement of green waste processed incompletely (mulch) is regulated, and it must remain within the Quarantine Area.
c) Green waste processed completely (compost) is the only form of green waste that is not regulated. Compost may move within or outside the quarantine area. d) Green waste resulting from EGVM regulated articles (including grape and olive) that has been pressed at 2 bars, or 28 PSI, is no longer regulated and may be distributed anywhere in California in California except vineyards located outside an EGVM quarantine area.
DSTS maintains records of certified weighmaster certificates for all shipments of green waste received from the quarantine area for a period of two years and makes them available for inspection by county, state, or federal plant regulatory officials upon request. h. Alternative Facility
Procedures for use of alternative facilities, if needed, in accordance with the requirements and limitations in draft Agreement Section 4.1.
WM will use its Sacramento Recycling Center and Transfer Station located at 8491 Fruitridge Rd., Sacramento, CA 95826 as an alternative facility.
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39 3. Expansion and/or Permit Modifications (Proposal)
Describe any proposed or planned facility changes, expansion plans, and/or permit modification processes that impact the proposer’s services in response to this RFP.
There are no planned facility changes that will impact the proposer’s services in response to this RFP.
4. Invoicing (Proposal)
Describe proposer’s process for invoicing services as provided in draft Agreement Section 8.2 At WM, everything we do is about creating an outstanding experience for our customers. That is why we use the equipment and software that we do. The fully integrated capability of our system confirms that customer information is correct, and the overall customer experience is exceptional. For WM, our billing system is not just “back office” processing; it is the backbone of the customer’s experience.
An Easy-to-Understand Monthly Invoice
To present our customers with accurate billing information in an easy-to-read format, WM redesigned our standard invoice template. Our new invoice remains fully compliant with governmental, contractual, and local requirements while also incorporating customer feedback. The most common customer request regarding our invoice was to make it easier to understand. To accomplish this, we simplified the invoice format, provided clear steps for all payment options, and include an explanation of common charges if applicable.
Please see the following example of an invoice (excerpt) for a municipality with similar service requirements as San Leandro.
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40 City of San Leandro
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41 5. Reporting (Proposal)
Describe proposer’s process for maintaining records and submitting reports to the City, such as those described in Exhibit D of the draft Agreement.
Best-in-Class Reporting for San Leandro
The key to continuous improvement is that you cannot change what you do not measure. At WM, we understand that measuring and reporting diversion, financial performance, and service delivery are key components of a successful program.
WM can provide detailed, accurate reporting in a format that is mutually agreed upon by San Leandro and WM. Typically, these reports are provided on a monthly, quarterly, and/or annual basis, but we can also submit reports to San Leandro on an ad hoc basis as requested.
Working with San Leandro staff, we can design the reports to provide easy-to-read charts that display year-over-year performance, diversion results against stated goals, and identify opportunities for improvement.
Sample Reports
Following are excerpts of monthly or quarterly reports that document monthly tonnage, customer accounts, and customer service information.
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42 City of San Leandro
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43 6. Additional Features (Proposal - Optional)
Highlight additional capabilities or unique features, if any, of the operations and maintenance activities of the facility.
To help Bay Area communities meet the goals of SB 1383 mandates by 2025, WM has developed a revolutionary new back-end solution modeled after high-performing facilities in Europe: WM’s Organic Material Recovery Facility (OMRF) and the Organic Material Composting Facility (OMCF). WM can discuss these features with the City.
WM EarthCare™ Landscape Center
Davis Street helps to close the loop on organic materials at its WM EarthCare™ Landscape Center. The Landscape Center offers sustainable landscape products for professional landscapers and homeowners alike.
The products are made locally from 100% recycled, Bay Area-sourced organic materials. It offers compost approved for organic farming, soil blends and mulch in a variety of natural dye colors. All the products are made from locally sourced, 100% recycled materials. These materials are available for retail sale to customers, including the City.
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44 Since 1980, Davis Street has been a leader in resource recovery and sustainability services in the Bay Area. We are proud to serve Alameda County and its communities.
C. Other Technical Information.
1. Regulatory Compliance (Attachments)
Provide contact names for regulatory agencies that monitor the facility’s(ies’) compliance with applicable local, state, and federal laws and regulations including name of the regulatory agency, contact person’s title, and telephone number.
Agency Contact Expertise Area Contact Information
CUPA Lisa Maffei
City of San
Leandro
Environmental
Services Section
(510)-577-6032,
[email protected]
Alameda County
Waste Management
Authority
(StopWaste)
Elese Lebsack:
Program Manager
Plant Debris
Landfill Ban
(510) 891-6528,
[email protected]
LEA (Local
Enforcement
Agency)
Arthur Surdilla:
Acting Supervising
Hazardous
Materials
Specialist/
Registered
Environmental
Health Specialist
Oversees all LEA
activities
(510) 567-6868,
[email protected]
Aliya Khan: Senior
Registered
Environmental
Health Specialist
Solid Waste
Facility Permit
(510) 567-6739,
[email protected]
Alvin Dang:
Registered
Environmental
Health Specialist
Solid Waste
Facility Permit
(510) 639-1330,
[email protected]
David Madieros:
Registered
Environmental
Health Specialist
Gas Monitoring/
Closed Landfill
(510-567-6735),
[email protected]
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45 Vicent Kazibwe:
Registered
Environmental
Health Specialist
Fleet (510) 567-6764,
[email protected]
BAAQMD
Ryan Atterbury:
Site/ Program
Manager
(415) 749-4670,
[email protected]
CalRecycle
Andrew Hurst:
Supervising Senior
Environmental
Scientist
E-Waste
Recycling
Program
(916) 323-2872,
[email protected]
DTSC
Amalie Larsen: EWaste Program
Inspector
[email protected]
2. Self-Haul Vouchers (Proposal)
If the proposer’s facility contains a public drop-off, please provide a distinct cost for annually providing one Self-Haul Drop-Off voucher for each single-family and multi-family customer. The cost for this service should be included as a stand-alone price and not incorporated into the proposed per-ton tip fee amount. If the City chooses to implement a drop-off voucher program, the City will negotiate with the proposer to determine a compensation method. Please include details on how the proposer will manage the program and any program limitations.
Self-Hauled Materials. Upon award of transfer, transport and disposal, a resident may Dispose of Recyclable Materials, Organic Materials, Solid Waste, and C&D Debris generated in or on their own Premises with their own vehicle so long as they are in compliance with the City’s Municipal Code.
Each resident will be allowed up to two (2) cubic yards per year with valid identification to prove residency in the City of San Leandro for no charge to WM Davis Street Transfer Station. Any volume over two (2) cubic yards will be charged at posted gate rates.
WM can negotiate with the City of San Leandro on set dates once a year for self-haul and can include a voucher system for easy access. The designated date is important to assure we don’t disrupt normal operating conditions and allow for additional staff to direct residence and ensure their safety while on WM premises. A designated San Leandro residency code will be established in our tracking system to report out the volume for self-haul on the overall reporting we supply to the City of San Leandro.
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46 Recyclables Processing
A. Facilities
1. Facility Information (Forms)
Proposers shall complete all facility information required in the “Processing – 1 Recyclables” Tab of Attachment A.
Please see Attachment A.
2. Facility Documents (Attachments)
Proposers shall provide the following attachments:
a. A copy of the Solid Waste Facility Permit
Please see the following pages for the Solid Waste Permit for DSTS. It covers the following operations:
• Transfer/Processing Facility
• Anaerobic Digester/In-Vessel Composting
• Wood/Green waste Grinding and Food Waste Storage/Transfer Recycling The permit is active and currently under review by our Local Enforcement Agency, which is why a new one has not been issued yet (please see clarification).
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53 b. A list of current contracts with jurisdictions for recyclables processing capacity, the estimated annual tonnage for each, the contract expiration dates, and possible extensions for each Jurisdiction Estimated Annual
Tonnage
Contract Expiration Possible Extension
City of Albany 1,892 ton annually 10/2031 No discissions yet City of Emeryville 283 tons annually 12/2030 No discussions yet City of Ora Loma 10,311 tons annually 1/2038 No discussions yet B. Operating Conditions
1. Operations Information (Forms)
Proposers shall complete all operational information required in the “Processing – 1 Recyclables” Tab of Attachment A.
Please see Attachment A.
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54 2. Operations Plan (Proposal).
In addition to the information to be provided in the technical proposal form (Attachment A), proposers shall submit an Operations Plan describing their plan to provide recyclables processing services in accordance with this RFP, Article 4, and Article 5 of the draft Agreement, and Applicable Law, as follows, at a minimum:
a. Personnel
An organization chart showing facility manager, other management and supervisory positions, and number of staff performing each function.
b. Material Receipt and Acceptance
To meet the requirements of Article 4 and Article 5 of the draft Agreement, including, but not limited to receiving, accepting, and safely and lawfully processing recyclable(s) materials.
As a large volume transfer/processing facility, DSTS is required to obtain a Full Solid Waste Facility Permit (SWFP), as set forth in Title 27, Division 2, Subdivision 1, Chapter 4, Subchapter 3, Articles
2.0-3.2, (commencing with section 21570) shall, at the time of application, file a Transfer/Processing Report. This Transfer Processing Report (TPR) contains information which includes specifications of receiving, accepting, and safely and lawfully transferring/transporting materials received. The SWFP is enforced by the Alameda County Department of Environmental Health serving as the Local Enforcement Agency (LEA).
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55 c. Load Checking/Unpermitted Waste
Procedures for identifying and addressing unpermitted waste in accordance with draft Agreement
5.2.2, including:
i. Inspecting, detecting, and rejecting unpermitted waste ii. Handling, transporting, and delivering unpermitted waste to an appropriate processing or disposal facility
WM’s Davis Street Transfer Station is required by law to conduct and document random inspections of incoming loads to assure that they do not contain hazardous wastes and other unacceptable materials. Its purpose is to protect the safety of employees.
Load check inspections are conducted in designated tipping areas throughout the facility. Examples of these tipping areas include: the Public Area, Organics Building tipping floor, DSR tipping floor, and OMRF tipping floor.
At least one (1) load check inspection is performed daily for vehicles entering the OMRF. At least eight (8) load checks are performed on a weekly basis for all other vehicles.
The following process is used for load checking/unpermitted waste:
Procedure:
1. Ensure all necessary PPE equipment is worn prior to starting procedure.
2. When a pre-selected load check is chosen, direct the vehicle to a clean area of the transfer station floor.
3. Begin the Load Inspection Program Record by completing the customer information.
4. Ask the customer to empty his load in the selected area. The load should be spread out long.
5. Notify the operator(s) in the tipping area that a load checking inspection is taking place.
6. Remain a safe distance and/or in a safe location while customer is off-loading their vehicle.
Cone area off, when safe to do so.
7. Inspect the load for any unauthorized waste and remove as needed.
8. Complete the Load Inspection Record with all remaining data (no areas of the Record should be left blank).
9. Submit daily log to Operations Manager/Supervisors at the end of your shift.
Please see the following for a sample Load Inspection Program Record.
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57 d. Safety
Procedures for providing all services in a safe manner, including in accordance with Applicable Law and the insurance requirements of draft Agreement Article 9.
Recycling Facilities Safety
Historically, waste collection, processing, and disposal have ranked among the most dangerous occupations in North America – in fact, the U.S. federal government ranks trash and recycling collection among the top 10 most dangerous jobs in the country. Our employees who collect and process material spend much of their workday lifting heavy items and operating large vehicles and heavy machinery - all of which can lead to injuries. It is our duty to take every sensible step to prevent injuries in the workplace and return our employees home safely every night.
Therefore, safety is not just a priority for WM; safety is a core value for our company. We understand the magnitude of the responsibility and strive to verify that each task, piece of equipment, company policy, and procedure reinforces safe actions and behaviors.
Safety at WM recycling facilities is accomplished through a comprehensive Injury and Illness Prevention Program (IIPP), Occupational Safety and Health Administration (OSHA) Safety Regulations, WM-specific safety policies and procedures as well WM’s Recycling Operations Standards that include safety precautions or policies for each designated task within our recycling facility recycling facility operations. In addition to OSHA Safety Regulations, our safety policies and procedures have been created utilizing the American National Standards Institute (ANSI) Z245 - American National Standards Equipment Technology and Operations for Wastes and Recyclable Materials.
Our recycling facilities have unique safety requirements. WM’s front-line employees come in direct and frequent contact with the materials we process each day. Some of the safety precautions we train on that are unique to our material recovery facility environment include:
• Bale quality and integrity
• Safe bale stacking
• Blood borne pathogens safeguards
• Conveyer and processing machinery safety
• Fire prevention protocols
• Mobile Equipment operation safety
• Hearing conservation
• Puncture prevention
• Respiratory protection
• Tipping floor safety
• Trailer loading safety
All employees, including managers and supervisors, receive training on general and job-specific safety and health practices. Training is provided:
• Comprehensive safety orientation upon starting with
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58 • When the IIPP is first established or is revised
• To all employees given new job assignments for which training has not previously been provided
• Whenever new substances, processes, procedures or equipment are introduced into our recycling facilities and represent a new hazard
• To supervisors to familiarize them with the safety and health hazards to which employees under their supervision may be exposed
• To all employees with respect to hazards specific to each employee’s job assignment • To all employees with respect to hazards that are located in common areas throughout our recycling facilities
Our recycling processing equipment and facilities are inspected at regular intervals. High hazard or frequently changing operations or equipment (e.g., forklifts, sorting equipment, etc.) are inspected daily and additional safety inspections are conducted monthly and annually by company compliance managers and environmental health and safety auditors.
Employees are encouraged to be active participants in their personal health and safety as well as the broader safety of our facility and workplaces. Each of our recycling facilities has an established Safety Committee that consists of at least four workers from different departments within the operation – safety teams meet monthly and are empowered to review, adopt, and implement practices as needed to maintain a safe work environment. Employees are also encouraged to inform management of existing hazards or concerns by communicating directly with their supervisor, facility manager or by calling the WM Helpline.
e. Traffic Control and Direction
Procedures for:
i. Constructing and maintaining roads from the facility entrance to scale house, and to point of unloading
In accordance with 14 CCR, Section 17409.1, the facility roads, parking areas, facility entrance to scale house, point of unloading, and the primary areas where vehicles operate are paved with asphalt or concrete. The paved areas are constructed to withstand regular cleaning and usage. A water truck is used on-site to minimize the generation of dust on the paved and non-paved areas of the site. A sweeper truck is also used during hours of operation to minimize accumulation of dirt and dust on the roads.
ii. Directing on-site traffic to appropriate unloading areas to provide a safe working environment for facility, users, visitors, and employees
Pursuant to 14 CCR, Section 17418.3, traffic flow through DSTS is controlled to prevent interference with and/or creation of a safety hazard on adjacent public streets and roads or create on-site safety hazards and/or interference with waste handling operations. Public traffic accesses the site via Davis Street and traffic lanes into the site and to the scale house are designed to accommodate vehicle flow, thus preventing vehicle stacking on nearby roads.
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59 iii. Providing and maintaining roadways, signs, and personnel to facilitate safe and efficient traffic flow
In accordance with 14 CCR, Section 17408.1, litter control is conducted at DSTS through housekeeping measures, covered vehicle loads, and site design features. Traffic is controlled by facility signage and traffic directors located throughout the facility. Windblown paper and debris at the facility are controlled by catch fences that are located along the perimeter of the public dumping area. Company employees perform regular litter control and overall site cleanliness to maintain roadways and ensure safe and efficient traffic flow. In the event traffic begins to extend onto the public street, traffic directors are utilized to ensure that traffic is distributed fully across all inbound lanes.
iv. Providing for a turnaround time of no more than 20 minutes from entry to exit of the facility by City-directed vehicles
DSTS currently has five inbound motor vehicle scales and one outbound scale at the Main Scale House. Three of the inbound scales are unattended and are stationed with kiosks which allow streamlined self-service truck weighing. This allows City-directed vehicles with stored tare weights to scale in once to record their material weight and allows for efficient turnaround times. f. Scale Operation
Procedures for complying with the requirements of draft Agreement Section 5.2.8 including:
i. Maintaining motor vehicles scales and associated equipment and software.
DSTS maintains its State-certified motor vehicle scales and associated equipment and software in accordance with Applicable Law and company policy. Scales are routinely inspected and cleaned to remove any debris. Monthly inspections check for cracks in the metal or cement, as well as any shifting of the scale(s). Scale house cameras are also inspected weekly to ensure their functionality.
Routine system software maintenance is regularly updated in the POS gate house workstations. ii. Obtaining vehicle tare weights for City-directed vehicles with periodic updating.
Tare weight is the empty weight of the vehicle including its body or container. Stored tare weights are allowed for use at the facility and are maintained in FASTLANE for each applicable vehicle.
Stored tare weights are captured from the scale. At a minimum, stored tare weights are verified and updated semi-annually (every 180 days) to ensure accuracy, or more frequently if required by local laws, permit or contract. Random testing of stored tare weights is completed on a quarterly basis and findings documented.
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60 iii. Arranging for use of substitute scales.
DSTS currently has five inbound scales and one outbound scale. If a scale becomes non-operational or is undergoing maintenance, traffic is redirected to the other working scales. If power goes out, an emergency generator is available to power the scales.
iv. Testing and calibrating scales.
All facility motor vehicle scales are tested and calibrated by third-party company on a quarterly basis. v. Weighing and recording weights for all inbound vehicles delivering materials.
WM uses a gatehouse ticketing system called FASTLANE POS (Point of Sale) to weigh and record all inbound vehicles delivering materials. Inbound vehicles weigh in at a designated inbound scale to record gross weight and weigh out at a designated outbound scale to record tare weight after delivering materials. For greater efficiency, City-directed vehicles with stored tare weights usually weigh at an unattended scale to record total net weight of materials being delivered. vi. Weighing and recording weights for all outbound vehicles transporting recovered materials to market or secondary processing, and residue to the approved disposal facility WM uses a gatehouse ticketing system called FASTLANE POS (Point of Sale) to weigh and record weights for all outbound vehicles transporting recovered materials to market or secondary processing, and residue to the approved disposal facility. Inbound vehicles weigh in at a designated inbound scale to record gross weight and weigh out at a designated outbound scale to record tare weight after delivering materials.
vii. Paying disposal rates
Customers are billed once or twice per month based on disposal rates set up in the internal billing system (MAS).
viii. Maintaining scale records
All Accounts Receivable Tickets, Bill of Lading documents, Bank deposit tickets and logs, transfer station scale tickets, and other supporting documents are sent to a third party information management company to properly maintain and preserve all documents for seven years. In addition, scale records can be accessed using FASTLANE CENTRAL to generate gatehouse ticketing reports.
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61 g. Material Processing
i. Methods of processing including key equipment, sorting stations, number of sort lines, and number of personnel assigned to each line
Number of personnel assigned to the Recyclables Processing line (MOTF) includes seven sorters, three forklift operators, two baler operators, one bale dresser, five screen cleaners, one loader operator, eight drivers, seven technicians, and four administrative staff.
Key processing equipment includes:
• Shredder
• Drum Feeder
• OCC Screen
• Glassbreaker screen
• Walair light/heavy separator
• 14 optics including all optics
• Film extraction system
• 60 transfer conveyors
• Trommel
• Ballistics 3
• Material storage cages
• 2 residue compactors
• Drum Magnet
• Belt Magnets and eddy currents
• 4 Balers total
• Four air compressors
ii. Description of each stage for processing methods that involve multiple stages Please see the following Process Flow for WM’s forthcoming MRF of the Future.
MRF of the Future - Process Flow
1. Step #1 Removal of OCC (cardboard) and Bulky Items and raw material on the Building’s tipping floor is fed via Front-End Loader into the Process Equipment system. The material is conveyed onto an OCC Screen by which OCC and Bulky Items are automatically removed from the stream and conveyed to a Quality Control area to remove any contaminants. Mixed rigid plastics and bulky metals are also extracted at the Quality Control area.
2. Step #2 Glass/Fines removal. The remaining raw material from Step #1 is sent to the Glass Breaker Screens, which use metal rotating discs that are designed to break the glass down to a smaller size which, after falling through the Glass Breaker Screens, is conveyed to the glass City of San Leandro
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62 processing area. The Glass processing area uses light-heavy density material separation to clean the glass of paper shreds and contaminants before glass is stored concrete bunkers.
3. Step #3 Multi-Step Air Classification. The remaining material from Step #2 is conveyed to Air Classifiers, which performs a light-middling-heavy density material separation to split the material into at least three streams. The heavy bulky materials are separated out first and are conveyed to a drum magnet to recover and separate ferrous metals. The second fraction (middling’s) is mostly Containers (plastics, ferrous, and aluminum) and is sent to the Trommels (see Step #4 below). The Air Classifier’s Overs material is predominantly ONP (newspaper) which is conveyed to a quality control area to remove contaminants.
4. Optional Step #4 Sizing Separation. The Middling’s stream from Step #3 (mostly Containers) then undergoes a sizing separation into three different material size streams: small, medium and large.
5. Step #5 2D, 3D, and Fines Separation. Each of the three streams from the optional Step #4 Sizing separation is conveyed to a Separator that performs three separations: Fines material which is conveyed to the glass processing area, overs fraction 2D material (mostly Mixed Paper which is conveyed to a Quality Control area to eject contaminants), and 3D Material (Containers such as bottles and cans).
6. Step #6 Ferrous Removal. The 3D material from Step #5 is conveyed to a Magnet which removes ferrous material.
7. Step #7 Non-Ferrous Removal. The remaining material from Step #6 is conveyor to a NonFerrous Separator to eject non-ferrous metals material (mostly aluminum cans).
8. Step #8 Residual Fiber removal. The remaining material from Step #7 is conveyed to an Optical Sorter to remove any residual Fiber/Paper from the material stream. The ejected paper is conveyed to meet with the 2D Paper stream from Step #5.
NOTE: THE SEQUENCE OF STEPS #6, #7, #8 ARE INTERCHANGEABLE
9. Step #9 Plastics Sorting. The remaining material from Step #8 is conveyed to a Plastics Sorting area to either automatically or manually extract PET (polyethylene terephthalate), HDPE (highdensity polyethylene), and PP (polypropylene) plastics materials. The extracted materials may undergo a quality control area to remove contaminants.
10. Optional Step #10 “Last Chance” Sorting. The remaining material from Step #9 is conveyed to a “Last Chance” sort area where any remaining commodities are extracted either manually or automatically.
11. Step #11 Rejects. The remaining material from Step #10 is residue/rejects material and is removed from the site via Compactor Box, compactor trailer, or loose-load.
12. Step #12 Commodities prepared for Shipment. The recovered materials are made ready for shipment by either the use of baling, loose-loading, or via Roll-off Container.
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64 iii. Process for determining which line(s) will be used for processing a given load of material The determination of processing for a given load is based on the classification of the material and is assigned based on generator type and/or collection container. iv. Detailed list of material types accepted at the recyclable materials processing facility that proposer intends to consistently process and market
• Aluminum cans
• PET bottles with the symbol #1 – with screw tops only • HDPE plastic bottles with the symbol #2 (milk, water bottles detergent, and shampoo bottles, etc.)
• Steel and tin cans
• Glass food and beverage containers – brown, clear, or green • Newspaper
• Mail
• Uncoated paperboard (ex. cereal boxes; food and snack boxes) • Uncoated printing, writing and office paper
• Old corrugated containers/cardboard (uncoated)
• Magazines, glossy inserts and pamphlets
v. List of accepted material types that are not recyclable and will be removed as residue for disposal (“acceptable contaminants”)
• Plastic bags and bagged materials (even if containing Recyclables) • Plastic containers with symbols #3-#7 – empty (no expanded polystyrene). • Porcelain and ceramics
• Soiled paper, including paper plates, cups and pizza boxes • Expanded polystyrene
• Flexible plastic or film packaging and multi-laminated materials • Excluded Materials or containers which contained Excluded Materials • Any paper Recyclable materials or pieces of paper Recyclables less than 4” in size in any dimension
• Cartons
• Microwavable trays
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65 • Coated cardboard
• Plastics unnumbered
• Coat hangers
• Yard waste, construction debris, and wood
• Textiles, cloth, or any fabric (bedding, pillows, sheets, etc.) • Napkins, paper towels, tissue, paper plates, and paper cups • Aseptic Containers
vi. Detailed list of material types the proposer may accept, process, and market when viable • Plastic bags and bagged materials (even if containing Recyclables) • Plastic containers with symbols #3-#7 – empty
• Expanded polystyrene
• Flexible plastic or film packaging and multi-laminated materials • Any paper Recyclable materials or pieces of paper
• Recyclables less than 4” in size in any dimension
• Cartons
• Coated cardboard
• Wood
• Textiles, cloth, or any fabric (bedding, pillows, sheets, etc.) • Aseptic Containers
vii. Detailed list of material types not accepted at the recyclable materials processing facility • Household Hazardous waste materials
• Needles, syringes, IV bags or other medical supplies
• Dead animals
• Pet waste
• Propane tanks, batteries
• Light bulbs
• Glass and metal cookware/bakeware
• Hoses, cords, wires
• Mirrors, window or auto glass
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66 • Household appliances and electronics,
• Food waste and liquids, containers containing such items h. Secondary-Processing
i. Conducting any procedures for secondary-processing of material Glass is projected to be transported to a secondary processor that further separates glass from the aggregate.
ii. Transporting recovered materials to approved secondary processing facility(ies) and to responsible end markets
WM represented transfer drivers would be assigned to transport the recovered materials, such as glass, to the Secondary Processor, using approved transfer vehicles and equipment. i. Disposal and Residue
i. Detailed method for determining and tracking the overall facility diversion rate and the diversion rate for materials generated in the City Service Area including initial disposal of unprocessed material and the amount of residue from each individual processing line or processing stage WM determines overall facility diversion rate using the gatehouse ticketing system, FASTLANE, to track all inbound and outbound tonnage of materials. The facility will determine diversion rate for materials generated in the City Service Area by regularly conducting material composition audits.
This data is entered into a Material Recovery Facility (MRF) Audit Database to generate diversion reports.
ii. Transporting and disposing of residue with acceptable levels of prohibited contaminants in accordance with Section 4.3 of the Draft Agreement
WM represented transfer drivers would be assigned to transport and dispose of residue with acceptable levels of prohibited contaminants.
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67 j. Recovered Material Marketing
i. Marketing of recovered materials directly following recyclables processing and following processing at secondary processing facilities
ii. Maintaining complete and accurate marketing records, including tonnage of material marketed, price, revenue received, purchaser, and specified end-use Demand for Recyclables - A World Economy and its Local Impact Every day we work with customers like San Leandro to collect, transport, and sort recyclables, but these local efforts are supported by global economic trends. When economies are thriving, people buy more, which increases the demand for recyclables that are used to produce new products. Also, when fuel prices are high there is a greater demand for recyclable petroleum-based products such as plastic bottles.
Such economic factors and the overall strength of the global economy drive demand for recyclable material, the growth of single stream recycling infrastructure, and the expansion of collection programs at the local level. While a global market has supported recycling growth, it also means that market conditions – both positive and negative – are a reality that we must constantly manage in collaboration with our customers.
For more than two decades, WM has sustained recycling programs despite a persistent decline in commodity markets. We have relied heavily on the experience, relationships, and proactive efforts of our material marketing team as well as significant investments in recycling technologies to ensure our Material Recovery Facilities (MRFs) are efficiently producing the highest quality feedstock to our customers.
WM’s Material Marketing Team
Our Material Marketing Team has expertise in securing end markets for our customers’ materials, even during difficult economic times, has proven to be invaluable for the success of North America’s recycling programs.
In addition to marketing to domestic and international customers, we target new markets based on global growth trends (GDP), new regulations, and the path of manufacturing. Our team works directly with all end consumers, cutting out the middleman and maximizing our ability to market material to its highest and best use. We also work closely with our MRF operations teams to define changes in specifications and quality standards needed to market material. This allows our operations team to confirm the processing standards we utilize to yield material that can be sold.
WM’s materials marketing team will consistently and aggressively:
• Explore all potential short and long-term material sales options. • Maintain an accurate and detailed compilation of end markets, market opportunities, and material market specifications.
WM is the largest recycler in
North America, handling over 15
million tons of recyclables per
year at 97 processing facilities.
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68 • Negotiate and sell materials in an honest, forthright manner to our customers, for the best possible prices on behalf of our projects.
• Provide material marketing services that meet
customer requirements and help sustain the
dependability and long-term sustainability of
programs.
Sustainable Outlets Growing Domestically
Since China’s retreat from the import market in 2018,
domestic markets have slowly begun to come online -
particularly for paper and plastic. New and expanded paper mills in the U.S. are using more curbside mixed paper and cardboard while the growing economy in the U.S. and the growth of e-commerce further bolsters fiber markets.
At the same time, pressure on the plastic industry has
increased demand for most plastic bottles. Manufacturers who have made commitments to using post-consumer
content in their bottles to reduce GHG emissions and
marine debris are stepping up to purchase more postconsumer plastic. k. Quarantined Organic Waste
Describe proposer’s plan for identifying and maintaining records regarding quarantined organic waste.
The Davis Street Transfer Station (DSTS) holds an agreement (Compliance Agreement No: 01-GW006) with the California Department of Food and Agriculture (CDFA) to help prevent the spread of pests such as Asian citrus psyllid, European grapevine moth, light brown apple moth and Phytophthora ramorum which present a real and ongoing threat to the agricultural industry, environment, and economy of the State of California.
The Agreement permits DSTS to self-execute the quarantine requirements as a Hauler/Transporter and Transfer Station. Among other provisions, DSTS is required to transport green waste in a vehicle or trailer in compliance with the California Vehicle Code sections 23114(a) and 23115(a), and only accept green waste from a transporter/hauler operating under a compliance agreement.
The movement of green waste must abide by the following:
a) Movement of unprocessed green waste is regulated, and it must remain within the Quarantine Area.
b) Movement of green waste processed incompletely (mulch) is regulated, and it must remain within the Quarantine Area.
c) Green waste processed completely (compost) is the only form of green waste that is not regulated. Compost may move within or outside the quarantine area.
Our Position on Plastic Exports
WM has responded to market
challenges by redirecting our efforts to
establish responsible, domestic solutions
for plastics.
Nearly 82% of recyclables (paper and
plastic) we collect are sold to domestic
markets for processing and no plastics
collected on our residential routes and
processed at WM single stream MRFs
are sent outside North America. Where
there is no market, after we have
exhausted every effort, we are disposing
of this material responsibly.
As your service provider, WM will be
San Leandro’s advocate for proper
management of materials through end of
life.
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69 d) Green waste resulting from EGVM regulated articles (including grape and olive) that has been pressed at 2 bars, or 28 PSI, is no longer regulated and may be distributed anywhere in California in California except vineyards located outside an EGVM quarantine area.
DSTS maintains records of certified weighmaster certificates for all shipments of green waste received from the quarantine area for a period of two years and makes them available for inspection by county, state, or federal plant regulatory officials upon request. l. Alternative Facility
Procedures for use of alternative facilities, if needed, in accordance with the requirements and limitations in draft Agreement Section 4.1.
WM will use its Sacramento Recycling Center and Transfer Station located at 8491 Fruitridge Rd., Sacramento, CA 95826 as an alternative facility.
m. Allocation Method
Proposed process for allocating recovered materials and disposal/residue tonnages to the City versus to other facility users as provided in draft Agreement Section 4.3.D.
The facility will calculate allocation of materials recovered and disposal/residue tonnages from the City by accessing scale records to determine inbound and outbound tonnages and applying a percentage from the total inbound and outbound materials received at the facility for a certain period of time.
3. Expansion and/or Permit Modifications (Proposal)
Describe any proposed or planned facility changes, expansion plans, and/or permit modification processes that impact the proposer’s services in response to this RFP.
Upcoming facility changes/projects to DSR in 2024:
• MOFT
• DSR Sprinkler Upgrade.
• DSR Roof/Building Renovation
• Camera Replacement
• Lightning project.
• Completing upgrades and enhancements to DSR breakroom, bathrooms, and scale facility.
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70 4. Invoicing (Proposal)
Describe proposer’s process for invoicing services as provided in Draft Agreement Section 8.2.
At WM, everything we do is about creating an outstanding experience for our customers. That is why we use the equipment and software that we do. The fully integrated capability of our system confirms that customer information is correct, and the overall customer experience is exceptional. For WM, our billing system is not just “back office” processing; it is the backbone of the customer’s experience.
WM utilizes Mid-America Systems (MAS) as our customer billing system. MAS software operates on an IBM iSeries AS400 Platform, running i5/OS version 7.1. It can be accessed through a secure, internet VPN-based connection 24 hours each day, 7 days a week.
WM’s Billing System Features and Benefits
Fully Integrated Billing. MAS integrates all billing, routing, and customer service information into one operating system. WM’s invoice format is based on extensive research, customer feedback, and field testing. Our invoices provide the opportunity to create custom billing inserts and messages that are tailor-made for San Leandro. For online customers, we post electronic versions of the inserts to their online invoice for a total “green” experience.
Reliability and Redundancy. We perform ongoing data quality assurance audits to confirm that all information is accurate and up-to-date. Our billing system data, like all our critical systems, are continuously backed up to reduce the risk of data loss.
Efficient Route Sequencing. Electronic route logs are generated from billing data every day to confirm service accuracy. These electronic records are downloaded to the drivers’ tablets nightly.
New customers and customers with service level changes are placed at the top of the driver’s route screen to highlight the change in the driver’s route. Each customer is assigned a unique account number that tracks detailed information, including contact information, size and quantity of containers, and service history. Route information is viewable in MAS.
Accurate Service. MAS connects seamlessly with our receivables processing system. Customers remit their payments to WM’s regional payment center. The payment is immediately processed so customer service representatives can access a customer’s account online and promptly respond to any billing questions.
24/7 Online Bill Pay Option. WM offers a safe, secure, convenient online bill paying system, allowing customers to pay their bill online, 24 hours a day, 7 days a week.
An Easy-to-Understand Monthly Invoice
To present our customers with accurate billing information in an easy-to-read format, WM redesigned our standard invoice template. Our new invoice remains fully compliant with governmental, contractual, and local requirements while also incorporating customer feedback. The most common customer request regarding our invoice was to make it easier to understand. To accomplish this, we City of San Leandro
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72 5. Reporting (Proposal)
Describe proposer’s process for maintaining records and submitting reports to the City, such as those described in Exhibit D of the draft Agreement.
The key to continuous improvement is that you cannot change what you do not measure. At WM, we understand that measuring and reporting diversion, financial performance, and service delivery are key components of a successful program.
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73 WM can provide detailed, accurate reporting in a format that is mutually agreed upon by San Leandro and WM. Typically, these reports are provided on a monthly, quarterly, and/or annual basis, but we can also submit reports to San Leandro on an ad hoc basis as requested.
Sample Reports
Following are excerpts of monthly or quarterly reports that document monthly tonnage, customer accounts, and customer service information.
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74 6. Additional Features (Proposal - Optional)
Highlight additional capabilities or unique features, if any, of the operations and maintenance activities of the facility.
StopWaste is a public agency that works to reduce waste in Alameda County through tours, education, and events. DSTS houses a StopWaste education center on site and opens sections of the facility for the StopWaste guided tours with students of all ages.
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75 C. Other Technical Information
1. Regulatory Compliance (Attachments)
Provide contact names for regulatory agencies that monitor the facility’s(ies’) compliance with applicable local, state, and federal laws and regulations including name of the regulatory agency, contact person’s title, and telephone number.
Agency Contact Expertise Area Contact Information
CUPA Lisa Maffei
City of San
Leandro
Environmental
Services Section
(510)-577-6032,
[email protected]
Alameda County
Waste Management
Authority
(StopWaste)
Elese Lebsack:
Program Manager
Plant Debris
Landfill Ban
(510) 891-6528,
[email protected]
LEA (Local
Enforcement
Agency)
Arthur Surdilla:
Acting Supervising
Hazardous
Materials
Specialist/
Registered
Environmental
Health Specialist
Oversees all LEA
activities
(510) 567-6868,
[email protected]
Aliya Khan: Senior
Registered
Environmental
Health Specialist
Solid Waste
Facility Permit
(510) 567-6739,
[email protected]
Alvin Dang:
Registered
Environmental
Health Specialist
Solid Waste
Facility Permit
(510) 639-1330,
[email protected]
David Madieros:
Registered
Environmental
Health Specialist
Gas Monitoring/
Closed Landfill
(510-567-6735),
[email protected]
Vicent Kazibwe:
Registered
Environmental
Health Specialist
Fleet (510) 567-6764,
[email protected]
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76 BAAQMD
Ryan Atterbury:
Site/ Program
Manager
(415) 749-4670,
[email protected]
CalRecycle
Andrew Hurst:
Supervising Senior
Environmental
Scientist
E-Waste
Recycling
Program
(916) 323-2872,
[email protected]
DTSC
Amalie Larsen: EWaste Program
Inspector
[email protected]
Organics Processing
A. Facilities
1. Facility Information (Forms)
Proposers shall complete all facility information required in the “Processing – 2 Organics” Tab of Attachment A.
Please see Attachment A.
2. Title 14 Contamination Standards (Attachments)
Provide documentation that the facility meets California Code of Regulations Title 14 requirements regulating the amount of contaminants remaining in finished compost products generated at the facility.
WM composting facilities in California are The Altamont CASP is regulated by the California Department of Food and Agriculture (CDFA) because the finished compost product produced is certified for use on organic farms, and is listed as an organic input material by the Organic Materials Review Institute (OMRI). CDFA requires finished compost is at a minimum required to meet the requirements for contaminants under Title 14.
3. Facility Documents (Attachments)
Proposers shall provide the following attachments:
a. A copy of the Solid Waste Facility Permit
Please see the following pages for a copy of the permit.
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77 City of San Leandro
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78 City of San Leandro
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79 City of San Leandro
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80 City of San Leandro
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81 City of San Leandro
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82 b. A list of current contracts with jurisdictions for organics processing capacity, the estimated annual tonnage for each, the contract expiration dates, and possible extensions for each Jurisdiction Estimated Annual
Tonnage
Contract Expiration
Date
Possible Extension
WVMSWA 15,100 tons annually 2037 No discussions yet
Davis Street Transfer
Station
90,200 tons annually No discussions yet
B. Operating Conditions
1. Operations Information (Forms)
Proposers shall complete all operational information required in the “Processing – 2 Organics” Tab of Attachment A.
Please see Attachment A.
2. Operations Plan (Proposal)
In addition to the information to be provided in the technical proposal form (Attachment A), proposers shall submit an Operations Plan describing their plan to provide organics processing services in accordance with this RFP, Article 4, and Article 5 of the draft Agreement, and Applicable Law, as follows, at a minimum:
a. Personnel
An organization chart showing facility manager, other management and supervisory positions, and number of staff performing each function.
The following professionals are committed to the safe and efficient operation of the organics processing facility. There are approximately 12 staff that manage the facility.
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83 b. Material Receipt and Acceptance
To meet the requirements of Article 4 and Article 5 the draft Agreement, including, but not limited to receiving, accepting, and safely and lawfully processing organic(s) materials.
Green waste at ALRRF is received from the general public, agricultural operations, curbside collection, and commercial programs. Acceptable feedstock includes green waste, clean dimensional lumber, agricultural materials (e.g., grape pomace and animal manures), residential and commercial food waste, organic fraction of processed organics from MSW recycling, and digestate from anaerobic organic processing facilities. All customers are tracked via FASTLANE scale system.
Incoming party open bed trucks are visually inspected at the scale house by personnel trained in hazardous waste and prohibited waste recognition and proper hazardous waste handling procedures prior to acceptance into the Landfill. Unsuitable materials are rejected or redirected at that time.
Incoming feedstock materials are unloaded directly onto the materials receiving and processing area of the composting pad. Site personnel remove the non-compostable materials by hand, if it can be done so in a safe manner, or with available equipment such as a front-loader. These unacceptable materials are hauled to the active landfilling area for disposal as needed.
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84 c. Load Checking/Unpermitted Waste
Procedures for identifying and addressing unpermitted waste in accordance with draft Agreement Section 5.2.2, including:
i. Inspecting, detecting, and rejecting unpermitted waste ii. Handling, transporting, and delivering unpermitted waste to an appropriate processing or disposal facility
At a minimum, one truck per day or 10% of daily incoming feedstock volume delivered, whichever is greater, are visually inspected at the receiving area of the compost pad by ALRRF personnel, Loads may be rejected or redirected to disposal in the landfill if they are deemed unacceptable feedstocks for composting.
Records are maintained on each random load check and the disposition and estimated volume of the prohibited waste that is removed from the CASP.
A load is considered acceptable if it does not contain greater than 1.0 percent of physical contaminants by weigh.
Unacceptable materials specified in Title 14, Division 7, Chapter 3.1, Article 2, Section 17855.2 of the CCR will not be composted and will be redirected to the landfill. d. Safety
Procedures for providing all services in a safe manner, including in accordance with applicable law and the insurance requirements of draft Agreement Article 9.
WM personnel and union laborers are required to complete all WM Health and Safety Training and site specific ALRRF health and safety training through the WM. e. Traffic Control and Direction
Procedures for:
i. Constructing and maintaining roads from the facility entrance to scale house, and to point of unloading
Constructing and Maintaining Roads
a. Main road from entrance to the scale house is paved. After the scale house to the main landfill entrance is paved as well.
b. From there, roads are constructed of gravel leading into the landfill. c. Roads are constructed of gravel and dirt depending on seasonality. d. The operations team regularly inspects and maintains roads from the facility entrance to the scale house and unloading points.
e. Repairs any damage promptly to ensure smooth traffic flow.
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85 f. Routinely utilizes equipment to ensure the paved roads are free of debris and track out. ii. Directing on-site traffic to appropriate unloading areas to provide a safe working environment for facility, users, visitors, and employees
Directing On-Site Traffic
a. Signage of site procedures, directions and speed limits are posted throughout the site. b. Trained personnel direct traffic to the appropriate unloading zones. c. Designated unloading areas with signage for different types of materials. d. Communication channels, such as two-way radios, are established for effective coordination. e. Maintain clear signage indicating directions and speed limits. iii. Providing and maintaining roadways, signs, and personnel to facilitate safe and efficient traffic flow
Procedures for traffic control during emergencies or unexpected situations a. Communicate evacuation instructions clearly using signals or communication channels, such as two-way radios.
b. Traffic Diversion: Use of signage, cones, and other traffic control devices to guide vehicles to designated area.
c. Ensure all personnel are trained on emergency response protocols. iv. Providing for a turnaround time of no more than 20 minutes from entry to exit of the facility by City-directed vehicles
a. Conduct periodic reviews of the effectiveness of traffic control measures. b. Implement improvements based on feedback of identified areas of enhancement. f. Scale Operation
Procedures for complying with the requirements of draft Agreement Section 5.2.8 including:
i. Maintaining motor vehicles scales and associated equipment and software Altamont Landfill maintains its State-certified motor vehicle scales and associated equipment and software in accordance with Applicable Law and company policy. Scales are routinely inspected and cleaned to remove any debris. Scale house cameras are also inspected weekly to ensure their functionality. Routine system software maintenance is regularly updated in the POS gate house workstations.
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86 ii. Obtaining vehicle tare weights for City-directed vehicles with periodic updating Tare weight is the empty weight of the vehicle including its body or container. Stored tare weights are allowed for use at the facility and are maintained in FASTLANE for each applicable vehicle.
Stored tare weights are captured from the scale. At a minimum, stored tare weights are verified and updated semi-annually (every 180 days) to ensure accuracy, or more frequently if required by local laws, permit or contract. Random testing of stored tare weights is completed on a quarterly basis and findings documented.
iii. Arranging for use of substitute scales
Altamont currently has four inbound/outbound scales. If a scale becomes non-operational or is undergoing maintenance, traffic is redirected to the other working scales. If power goes out, an emergency generator is available to power the scales.
iv. Testing and calibrating scales
All facility motor vehicle scales are tested and calibrated by third-party company on a quarterly basis. v. Weighing and recording weights for all inbound vehicles delivering materials WM uses a gatehouse ticketing system called FASTLANE POS (Point of Sale) to weigh and record all inbound vehicles delivering materials. Inbound vehicles weigh in at a designated inbound scale to record gross weight and weigh out at a designated outbound scale to record tare weight after delivering materials.
vi. Weighing and recording weights for all outbound vehicles transporting recovered materials to market or secondary processing, and residue to the approved disposal facility WM uses a gatehouse ticketing system called FASTLANE POS (Point of Sale) to weigh and record weights for all outbound vehicles transporting recovered materials to market or secondary processing. Inbound vehicles weigh in at a designated inbound scale to record gross weight and weigh out at a designated outbound scale to record tare weight after delivering materials. vii. Paying disposal rates
Customers are billed once or twice per month based on disposal rates set up in the internal billing system (MAS).
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87 viii. Maintaining scale records
All Accounts Receivable Tickets, Bill of Lading documents, landfill scale tickets, and other supporting documents are sent to a third party information management company to properly maintain and preserve all documents for seven years. In addition, scale records can be accessed using FASTLANE CENTRAL to generate gatehouse ticketing reports.
g. Material Processing
i. Methods of processing including key equipment, sorting stations, number of sort lines, and number of personnel assigned to each line
Method: Covered Aerated Static Pile designed to provide optimal composting conditions through positive aeration, automatic irrigation, advanced temperature control, and a biofilter layer.
Key Equipment: Electrical blower system, sparger pipe to allow for aeration, temperature reading equipment, irrigation sprinklers and pumps, and large equipment to allow for movement, placement and processing of material.
ii. Description of each stage for processing methods that involve multiple stages Receiving
Green waste at ALRRF is received from the general public, agricultural operations, curbside collection, and commercial programs. Acceptable feedstock includes green waste, clean dimensional lumber, agricultural materials (e.g., grape pomace and animal manures), residential and commercial food waste, organic fraction of processed organics from MSW recycling, and digestate from anaerobic organic processing facilities. All customers are tracked via FASTLANE scale system.
Incoming party open bed trucks are visually inspected at the scale house by personnel trained in hazardous waste and prohibited waste recognition and proper hazardous waste handling procedures prior to acceptance into the Landfill. Unsuitable materials are rejected or redirected at that time.
Incoming feedstock materials are unloaded directly onto the materials receiving and processing area of the composting pad. Site personnel remove the non-compostable materials by hand, if it can be done so in a safe manner, or with available equipment such as a front-loader. These unacceptable materials are hauled to the active landfilling area for disposal as needed.
At a minimum, one truck per day or 10% of daily incoming feedstock volume delivered, whichever is greater, are visually inspected at the receiving area of the compost pad by ALRRF personnel, Loads may be rejected or redirected to disposal in the landfill if they are deemed unacceptable feedstocks for composting.
Records are maintained on each random load check and the disposition and estimated volume of the prohibited waste that is removed from the CASP.
A load is considered acceptable if it does not contain greater than 1.0 percent of physical contaminants by weigh.
Unacceptable materials specified in Title 14, Division 7, Chapter 3.1, Article 2, Section 17855.2 of the CCR will not be composted and will be redirected to the landfill.
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88 Feedstock Processing
Altamont Landfill Resource and Recovery Facility (ALRRF), Compostable Materials Handling Facility (CMHF) utilizes a Covered Aerated Static Pile (CASP) system.
The CASP provides aeration for each pile through five, six-inch high-density polyethylene (HDPE) standard dimension ratio (SDR)-17 perforated pipes, otherwise referred to as spargers (five pipes per pile with 15 piles per blower group for a total of 75 spargers at each of the three grouped arrangements).
Feedstock materials are processed by grinding to increase surface area and provide a more uniform mixture and particle size. The CASP Facility will utilize a grinder that creates a two to eight-inch grind size for feedstock.
Following placement of the compost pile on the spargers, all active compost piles are covered with a minimum six-inch of insulating material referred to as the biofilter. Piles are constructed to the maximum height safely possible with on-site equipment or to a design height of ten feet in height.
The piles remain in the CASP for no less than 21 days, during this period the piles must achieve 72 consecutive hours of 131°F or above to achieve Process to Further Reduce Pathogens (PFRP).
Following active aeration, the piles are removed from the CASP and placed in curing piles to undergo further maturation. When material is deemed ready to move from curing to finished compost storage, the material is screened with a Trommel screener. The screener utilizes a 3/8th of an inch screen to remove contaminants and oversized material. This process takes place near the piles to be screened, finished compost is then stored on site until testing and sale.
Aeration Time and Temperature Monitoring
All piles are monitored via wireless REOtemp temperature probes. Each pile will have three REOtemp temperature probes that will record two temperatures per probe. The temperatures will be received on a 15-minute interval and recorded on a one-hour interval. Temperature readings are stored within a data recorder at the control panel and can be accessed remotely or by downloading the temperature information available within the data recorder.
Monitored temperature data from the REOtemp probes is sent wirelessly to the REOtemp receiver.
The REOtemp receiver then sends temperature data to the control panel. At the control panel, the operator is able to indicate when a pile has been constructed so that the control panel can provide the total days of aeration and temperature monitoring for the pile on the screen.
Moisture Conditioning
Feedstocks are moisture conditioned through our water distribution system comprised of three different water sources: non-potable water, raw water supply and our contact water ponds which is generated by discharge from active compost.
Non-potable water is used for any and all water needs at the site, both in the active and curing area.
Only non-potable water shall be used to provide irrigation to active piles. Raw water may be used for any and all water needs at the site, both in the active and curing areas.
Contact water may only be used on the active pad for feedstock conditioning. Contact water cannot be used for active or curing piles.
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89 Sampling
Sampling and testing are done in accordance with US Composting Council Guidelines. Testing is performed by a US Composting Council certified Laboratory. Laboratory results contain Title 14 requirements such as heavy metal, pathogens, and contaminants. As a member of the US Composting Council Seal of Testing Assurance program laboratory results also contain information on stability, maturity, nutrients, and other markers of compost quality. iii. Process for determining which line(s) or process(es) will be used for processing a given load of material
Please see the above process.
iv. Detailed list of material types accepted at the organic materials processing facility that proposer intends to consistently process and market.
Material Accepted: Acceptable feedstock includes green waste, clean dimensional lumber, agricultural materials (e.g., grape pomace and animal manures), residential and commercial food waste, organic fraction of processed organics from Municipal Solid Waste (MSW) recycling, and digestate from anaerobic organic processing facilities. v. List of accepted material types that are not compostable and will be removed as residue for disposal (“acceptable contaminants”)
No items will be listed as an “acceptable contaminant”. Our composting facility is regulated by the California Department of Food and Agriculture (CDFA) because we produce a compost product that is certified for use on organic farms, and our compost is listed as an organic input material by the Organic Materials Review Institute (OMRI). The only man-made materials that are allowed in the compost feedstock are paper products.
vi. Detailed list of material types the proposer may accept, compost, and market when viable Material Accepted: Acceptable feedstock includes green waste, clean dimensional lumber, agricultural materials (e.g., grape pomace and animal manures), residential and commercial food waste, organic fraction of processed organics from Municipal Solid Waste (MSW) recycling, and digestate from anaerobic organic processing facilities. The only man-made materials that are allowed in the compost feedstock are paper products.
vii. Detailed list of material types not accepted at the organic materials processing facility These items are not acceptable: Unacceptable materials specified in Title 14, Division 7, Chapter 3.1, Article 2, Section 17855.2 of the CCR will not be composted and will be redirected to the landfill. No man-made materials are allowed other than paper products. The following materials are unacceptable for composting operations:
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90 • Mammalian tissue, including but not limited to flesh, organs, hide, blood, bone and marrow, except when received from a food facility such as restaurants, grocery stores, or residential food scrap collection.
• Large tree stumps, treated wood waste, and rocks.
• Significant portions of soil and ash that could be easily removed from a portion of a load. • Human-made inert products including, but not limited to, glass, metal, plastic, and other MSW materials.
• Medical waste and hazardous waste cannot be accepted at the CASP and untreated medical waste cannot be accepted at the landfill for disposal.
h. Secondary-Processing
i. Conducting any procedures for secondary-processing of material ii. Transporting recovered materials to approved secondary processing facility(ies) and to markets Not applicable.
i. Disposal and Residue
i. Detailed method for determining and tracking the overall facility diversion rate and diversion rate for materials generated in the City Service Area, including initial disposal of unprocessed material and the amount of residue from each individual processing line or processing stage From an organics perspective, this level of detail is not quantifiable. The organics are dropped off at a transfer station and mixed before coming to the final destination. Even if the transporter was to come straight to the processing facility, the feedstock is mixed when grinding, so there is no discernable way to deliver measurables.
ii. Transporting and disposing of residue with acceptable levels of prohibited contaminants in accordance with Section 4.4 of the draft Agreement
We will transport the residue to a properly permitted facility for disposal. j. Recovered Material Marketing
i. Marketing of recovered materials directly following organics processing and following processing at secondary processing facilities
WM has dedicated compost sales personnel that reach out to growers/orchards, vineyards, landscape supply, home builders, etc., that need compost. In addition, we have www.wmearthcare.com that details our compost and mulch options and benefits from water retention and carbon sequestration.
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91 ii. Maintaining complete and accurate marketing records, including tonnage of material marketed, price, revenue received, purchaser, and specified end-use All sales are tracked in the WM operation systems that provides reports to our customers on origin destination, material type, price per ton and total purchase price for the compost material. iii. Description of which marketed materials will obtain organic certification, if any, and which accepted streams will be used to generate the organic certified material.
Acceptable organic material types will receive organic certification. k. Quarantined Organic Waste
Describe proposer’s plan for identifying and maintaining records regarding quarantined organic waste.
As a processor of green waste, Altamont Landfill is not required to have a plan for quarantined organic waste. Compost is ‘Processed Green Waste’ composted in accordance with California Code of Regulations Title 14, Division 7, Chapter 3.1. ‘Compost’ is completely processed and no longer poses a pest risk and is therefore not a regulated item. All parties involved in selling, transporting, receiving ‘Processed Green Waste’ in the form of ‘Compost,’ from the Quarantine Area, are not required to have a Program issued compliance agreement. The movement of ‘Compost is unregulated and may move within or outside of any quarantine area. l. Alternative Facility
Procedures for use of alternative facilities, if needed, in accordance with the requirements and limitations in draft Agreement Section 4.1.
WM will use our Redwood Landfill CASP located at 8950 Redwood Hwy, Novato, CA 94945 as an alternative facility.
m. Allocation Method
Proposed process for allocating recovered materials and disposal/residue tonnages to the City versus to other facility users as provided in draft Agreement Section 4.4.D.
This does not apply to organics processing.
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92 3. Expansion and/or Permit Modifications (Proposal)
Describe any proposed or planned facility changes, expansion plans, and/or permit modification processes that impact the proposer’s services in response to this RFP.
WM is currently expanding the solid waste facility permit increasing the daily tons from 500 to 750 tons per day.
4. Invoicing (Proposal)
Describe proposer’s process for invoicing services as provided in draft Agreement Section 8.2.
At WM, everything we do is about creating an outstanding experience for our customers. That is why we use the equipment and software that we do. The fully integrated capability of our system confirms that customer information is correct, and the overall customer experience is exceptional. For WM, our billing system is not just “back office” processing; it is the backbone of the customer’s experience.
WM utilizes Mid-America Systems (MAS) as our customer billing system. MAS software operates on an IBM iSeries AS400 Platform, running i5/OS version 7.1. It can be accessed through a secure, internet VPN-based connection 24 hours each day, 7 days a week.
WM’s Billing System Features and Benefits
Fully Integrated Billing. MAS integrates all billing, routing, and customer service information into one operating system. WM’s invoice format is based on extensive research, customer feedback, and field testing. Our invoices provide the opportunity to create custom billing inserts and messages that are tailor-made for San Leandro. For online customers, we post electronic versions of the inserts to their online invoice for a total “green” experience.
Reliability and Redundancy. We perform ongoing data quality assurance audits to confirm that all information is accurate and up-to-date. Our billing system data, like all our critical systems, are continuously backed up to reduce the risk of data loss.
Efficient Route Sequencing. Electronic route logs are generated from billing data every day to confirm service accuracy. These electronic records are downloaded to the drivers’ tablets nightly.
New customers and customers with service level changes are placed at the top of the driver’s route screen to highlight the change in the driver’s route. Each customer is assigned a unique account number that tracks detailed information, including contact information, size and quantity of containers, and service history. Route information is viewable in MAS.
Accurate Service. MAS connects seamlessly with our receivables processing system. Customers remit their payments to WM’s regional payment center. The payment is immediately processed so customer service representatives can access a customer’s account online and promptly respond to any billing questions.
24/7 Online Bill Pay Option. WM offers a safe, secure, convenient online bill paying system, allowing customers to pay their bill online, 24 hours a day, 7 days a week.
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93 An Easy-to-Understand Monthly Invoice
To present our customers with accurate billing information in an easy-to-read format, WM redesigned our standard invoice template. Our new invoice remains fully compliant with governmental, contractual, and local requirements while also incorporating customer feedback. The most common customer request regarding our invoice was to make it easier to understand. To accomplish this, we simplified the invoice format, provided clear steps for all payment options, and include an explanation of common charges if applicable.
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94 5. Reporting (Proposal)
Describe proposer’s process for maintaining records and submitting reports to the City, such as those described in Exhibit D of the draft Agreement.
The key to continuous improvement is that you cannot change what you do not measure. At WM, we understand that measuring and reporting diversion, financial performance, and service delivery are key components of a successful program.
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95 WM can provide detailed, accurate reporting in a format that is mutually agreed upon by San Leandro and WM. Typically, these reports are provided on a monthly, quarterly, and/or annual basis, but we can also submit reports to San Leandro on an ad hoc basis as requested.
Sample Reports
Following are excerpts of monthly or quarterly reports that document monthly tonnage, customer accounts, and customer service information.
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96 6. Additional Features (Proposal - Optional)
Highlight additional capabilities or unique features, if any, of the operations and maintenance activities of the facility.
Addition of a Tiger depackager, through the updated solid waste facility permit, will handle pre- and post-processed commercial food waste.
C. Other Technical Information
1. Regulatory Compliance (Attachments)
Provide contact names for regulatory agencies that monitor the facility’s(ies’) compliance with applicable local, state, and federal laws and regulations including name of the regulatory agency, contact person’s title, and telephone number.
Please refer to the following contact names for regulatory agencies that oversee the facility’s compliance with local, state, and federal laws and regulations.
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97 1. Alameda County Planning Department
Public Works Building
399 Elmhurst Building, Room 136
Hayward, CA 94544
510-670-5400
2. Alameda County Environmental Health Department (LEA)* 1131 Harbor Bay Parkway, Suite 234
Alameda, CA 94502-6577
Ryan Hammon 510-567-6736
3. Bay Area Air Quality Management District (BAAQMD)
939 Ellis Street
San Francisco, CA 94109
Kevin Cordes 415-749-8716
4. California Environmental Protection Agency Department of Toxic Substances Control 1001 I Street
Sacramento, CA 95814
916-324-1826
5. California Department of Resources Recycling and Recovery (CalRecycle) 8800 Cal Center Drive
Sacramento, CA 95826
Randy Friedlander 916-341-6718
6. Central Valley Regional Water Quality Control Board (CVRWQCB) 3443 Routier Road, Suite A
Sacramento, CA 95827
Paul Sanders 916-464-4681
7. California Department of Fish & Game, Region 3
P.O. Box 47
Yountville, CA 94599
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98 Janice Gan 209-835-6910
8. California Division of Occupational Safety & Health/ Cal OSHA 1515 Clay Street Room 1301
Oakland, CA 94612
510-622-2916
9. U.S. Fish & Wildlife Service
Sacramento Endangered Species Office
2800 Cottage Way, Room, W-2605
Sacramento, CA 95825-1846
Sheila Larson 916-414-6685
2. SB 1383 Compost and Mulch Procurement (Proposal)
Provide a detailed plan and costs for how proposers intend to support the City in meeting organic waste product procurement targets as described in Section 3.7 of this RFP. Proposers may include various options or a mix of services to help meet the City’s goal.
Upon request from the City Contract Manager or their designee, for the first three (3) years of this Agreement, WM will provide up to 320 tons of the citywide procurement target of approximately 580 tons of compost product per calendar year to the City for use in City parks and facilities at no charge to the City. The City will arrange for transportation and delivery of the compost product to be managed by WM. WM will deliver in 40-yard increments to a designated location in the City of San Leandro. For amounts less than 40 yards, the transportation will be at the City’s expense. After the third year of this Agreement, WM will sell compost to the City at its market rate, less 15%. The compost will be OMRI listed material.
WM assumes the City has a combination of compost, mulch, and natural gas that combined will meet its procurement goals. We are committed to help San Leandro achieve these goals. We embedded the 320 tons of compost for the first three (3) years, however, if there is a greater need for compost quantity or use of direct service provider credits, those can be discussed during final negotiation/alignment meeting.
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99 C&D Processing
A. Facilities
1. Facility Information (Forms)
Proposers shall complete all facility information required in the “Processing – 3 C&D” Tab of Attachment A.
Please see Attachment A.
2. Facility Certification (Proposal)
Identify whether the proposed C&D processing facility as well as specific processing line(s) within the facility have third-party verification consistent with facility-wide average recycling rates as recognized by the U.S. Green Building Council. If not, identify proposer’s plans to obtain such verification prior to the commencement date.
WMAC is the only service provider in Alameda County to have a C&D recycling facility certified by the Recycling Certification Institute, which validates diversion results quarterly. Located at the Davis Street Transfer Station right here in San Leandro, the C&D recycling facility separates co-mingled construction debris to recover organics such as clean wood, cardboard, and mixed paper along with metals, concrete, and inert materials for recycling. Davis Street provides recycling documentation in compliance with LEEDTM and GreenPoint Rated projects.
Clean wood is processed into mulch at our Tri-Cities facility and sold at our WM Earthcare Landscape Centers in the Bay Area. Cardboard and mixed paper are baled for recycling. Painted wood and particle board are sent as residue to WM’s Altamont Landfill for disposal. In addition, glass bottles, plastic and metal containers are recovered for recycling as the recycling facility also processes commercial single stream recycling.
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3. Facility Documents (Attachments)
Proposers shall provide the following attachments:
a. A copy of the Solid Waste Facility Permit
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b. A list of current contracts with jurisdictions for C&D processing capacity, the estimated annual tonnage for each, the contract expiration dates, and possible extensions for each Jurisdiction Estimated Annual
Tonnage
Contract Expiration
Date
Possible Extension
City of Albany 170 tons annually No discussion yet
City of Emeryville 950 tons annually No discussion yet
City of Oro Loma 760 tons annually 1/2038 No discussion yet c. Documentation verifying the certification requirements specified in subsection 2 above Please see the following for documentation from the Recycling Certification Institute (RCI).
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B. Operating Conditions
1. Operations Information (Forms)
Proposers shall complete all operational information required in the “Processing – 3 C&D” Tab of Attachment A.
Please see Attachment A.
2. Operations Plan (Proposal)
In addition to the information to be provided in the technical proposal form (Attachment A), proposers shall submit an Operations Plan describing their plan to provide C&D processing services in accordance with this RFP, Article 4, and Article 5 of the Draft Agreement, and Applicable Law, as follows, at a minimum:
a. Personnel
An organization chart showing facility manager, other management and supervisory positions, and number of staff performing each function.
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b. Material Receipt and Acceptance
To meet the requirements of Article 4 and Article 5 of the draft Agreement, including, but not limited to receiving, accepting, and safely and lawfully processing C&D materials.
As a large volume transfer/processing facility, DSTS is required to obtain a Full Solid Waste Facility Permit (SWFP), as set forth in Title 27, Division 2, Subdivision 1, Chapter 4, Subchapter 3, Articles
2.0-3.2, (commencing with section 21570) shall, at the time of application, file a Transfer/Processing Report. This Transfer Processing Report (TPR) contains information which includes specifications of receiving, accepting, and safely and lawfully transferring/transporting materials received. The SWFP is enforced by the Alameda County Department of Environmental Health serving as the Local Enforcement Agency (LEA).
c. Load Checking/Unpermitted Waste
Procedures for identifying and addressing unpermitted waste in accordance with draft Agreement Section 5.2.2, including:
i. Inspecting, detecting, and rejecting unpermitted waste ii. Handling, transporting, and delivering unpermitted waste to an appropriate processing or disposal facility
In accordance with 14 CCR, Section 17409.5(a), DSTS implements a load checking program. A random load-check program is in place, which requires that at least eight (8) loads are randomly checked weekly to identify any hazardous or unacceptable wastes such as asbestos, treated wood and household hazardous wastes. The loads to be checked are distributed among the various haulers, waste sources, and vehicle types entering the transfer station. • In particular, load checks are performed on Public MSW, third-party MSW, Multi-Family MSW, Commercial Dry Waste and construction and demolition debris deliveries. Load checks for these materials are conducted at the Public Disposal Area and C&D/Dry Waste/MMW MRF/OMRF.
• Load checks are also performed on Source Separated Food Waste and Green Waste. Load checks for these materials are conducted at the Organics Processing and Transfer Building.
Load checks for Public Green/Wood Waste are performed in the Wood Waste Transfer Area. • Load checks for Public Reuse and E-Waste and Recycling is performed in the Public Area Drop-Off.
• Additionally, all "suspicious" loads entering the site will be checked.
The employee performing the load-check inspection spreads the loads onto the inspection area as thinly as possible so that the maximum amount of refuse is visible. Using rakes or other hand tools as needed, the inspector proceeds to examine the loads for any suspect hazardous or designated wastes. If no hazardous or designated wastes are discovered, the load is pushed to the working area and mixed with the regular waste. If suspected hazardous or designated wastes are discovered, then the load-check inspection team follows the proper procedure for isolating and returning the unacceptable wastes to a known generator or (if a positive identification of the generator cannot be made) packing and transporting the material to the Hazardous Waste Storage Area. All load check City of San Leandro
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team members are trained in handling hazardous materials and in implementing proper procedures to protect the public.
The load checking program in effect at DSTS also applies to the OMRF operations in accordance with 14 CCR, Section 17896.25. The program includes records of load checks and the training of personnel in the recognition, proper handling, and disposition of prohibited waste. Random load check inspections for loads destined for the OMRF are conducted daily as indicated in the EA Conditions of the Solid Waste Facility Permit and use a similar method as described in the beginning of this section. A copy of the load checking program and copies of the load checking records for the last year will be maintained in the operating records and available for review by the appropriate regulatory agencies.
d. Safety
Procedures for providing all services in a safe manner, including in accordance with applicable law and the insurance requirements of draft Agreement Article 9.
Historically, waste collection, processing, and disposal have ranked among the most dangerous occupations in North America – in fact, the U.S. federal government ranks trash and recycling collection among the top 10 most dangerous jobs in the country. Our employees who collect and process material spend much of their workday lifting heavy items and operating large vehicles and heavy machinery - all of which can lead to injuries. It is our duty to take every sensible step to prevent injuries in the workplace and return our employees home safely every night.
Therefore, safety is not just a priority for WM; safety is a core value for our company. We understand the magnitude of the responsibility and strive to verify that each task, piece of equipment, company policy, and procedure reinforces safe actions and behaviors.
Safety at WM recycling facilities is accomplished through a comprehensive Injury and Illness Prevention Program (IIPP), Occupational Safety and Health Administration (OSHA) Safety Regulations, WM-specific safety policies and procedures as well WM’s Recycling Operations Standards that include safety precautions or policies for each designated task within our recycling facility recycling facility operations. In addition to OSHA Safety Regulations, our safety policies and procedures have been created utilizing the American National Standards Institute (ANSI) Z245 - American National Standards Equipment Technology and Operations for Wastes and Recyclable Materials.
Our recycling facilities have unique safety requirements. WM’s front-line employees come in direct and frequent contact with the materials we process each day. Some of the safety precautions we train on that are unique to our material recovery facility environment include:
• Bale quality and integrity
• Safe bale stacking
• Blood borne pathogens safeguards
• Conveyer and processing machinery safety
• Fire prevention protocols
• Mobile Equipment operation safety
• Hearing conservation
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• Puncture prevention
• Respiratory protection
• Tipping floor safety
• Trailer loading safety
All employees, including managers and supervisors, receive training on general and job-specific safety and health practices. Training is provided:
• Comprehensive safety orientation upon starting with
• When the IIPP is first established or is revised
• To all employees given new job assignments for which training has not previously been provided
• Whenever new substances, processes, procedures or equipment are introduced into our recycling facilities and represent a new hazard
• To supervisors to familiarize them with the safety and health hazards to which employees under their supervision may be exposed
• To all employees with respect to hazards specific to each employee’s job assignment • To all employees with respect to hazards that are located in common areas throughout our recycling facilities
Our recycling processing equipment and facilities are inspected at regular intervals. High hazard or frequently changing operations or equipment (e.g., forklifts, sorting equipment, etc.) are inspected daily and additional safety inspections are conducted monthly and annually by company compliance managers and environmental health and safety auditors.
Employees are encouraged to be active participants in their personal health and safety as well as the broader safety of our facility and workplaces. Each of our recycling facilities has an established Safety Committee that consists of at least four workers from different departments within the operation – safety teams meet monthly and are empowered to review, adopt and implement practices as needed to maintain a safe work environment. Employees are also encouraged to inform management of existing hazards or concerns by communicating directly with their supervisor, facility manager or by calling the WM Helpline.
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e. Traffic Control and Direction
Procedures for:
i. Constructing and maintaining roads from the facility entrance to scale house, and to point of unloading
ii. Directing on-site traffic to appropriate unloading areas to provide a safe working environment for facility, users, visitors, and employees
iii. Providing and maintaining roadways, signs, and personnel to facilitate safe and efficient traffic flow
iv. Providing for a turnaround time of no more than 20 minutes from entry to exit of the facility by City-directed vehicles
Pursuant to 14 CCR, Section 17418.3, traffic flow through DSTS is controlled to prevent interference with and/or creation of a safety hazard on adjacent public streets and roads, or create on-site safety hazards and/or interference with waste handling operations. Public traffic accesses the site via Davis Street and traffic lanes into the site and to the scale house are designed to accommodate vehicle flow, thus preventing vehicle stacking on nearby roads. There is one outbound scale and five inbound scales at the Main Scale House. In the event traffic does begin to extend onto the public street, traffic directors are utilized to ensure that traffic is distributed fully across all inbound lanes.
Transfer trucks use Business Center Drive to access.
Traffic flow through the facility shall be controlled to prevent the following:
• Interference with or creation of a safety hazard on adjacent public streets or roads, • On-site safety hazards, and
• Interference with operations.
Traffic is controlled by facility signage and traffic directors located throughout the facility. f. Scale Operation
Procedures for complying with the requirements of draft Agreement Section 5.2.8 including:
i. Maintaining motor vehicles scales and associated equipment and software DSTS maintains its State-certified motor vehicle scales and associated equipment and software in accordance with Applicable Law and company policy. Scales are routinely inspected and cleaned to remove any debris. Monthly inspections check for cracks in the metal or cement, as well as any shifting of the scale(s). Scale house cameras are also inspected weekly to ensure their functionality.
Routine system software maintenance is regularly updated in the POS gate house workstations.
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ii. Obtaining vehicle tare weights for City-directed vehicles with periodic updating Tare weight is the empty weight of the vehicle including its body or container. If stored tare weights are allowed for use at the facility, the stored tare weights must be maintained in FASTLANE for each applicable vehicle. Stored tare weights are captured from the scale or input manually. Manual input should only be allowed for sites with no scales or as required to comply with contractual agreements or regulatory requirements. At a minimum, stored tare weights must be verified and updated semiannually (every 180 days) to ensure accuracy, or more frequently if required by local laws, permit or contract. Random testing of stored tare weights should be completed on a quarterly basis and findings documented. The FASTLANE Central “Vehicle Tare Report” may be useful in this review. iii. Arranging for use of substitute scales
DSTS currently has five inbound scales and one outbound scale. If a scale becomes non-operational or is undergoing maintenance, traffic is redirected to the other working scales. If power goes out, an emergency generator is available to power the scales.
iv. Testing and calibrating scales
All facility motor vehicle scales are tested and calibrated by third-party company on a quarterly basis. v. Weighing and recording weights for all inbound vehicles delivering materials WM uses a gatehouse ticketing system called FASTLANE POS (Point of Sale) to weigh and record all inbound vehicles delivering materials. Inbound vehicles weigh in at a designated inbound scale to record gross weight and weigh out at a designated outbound scale to record tare weight after delivering materials. For greater efficiency, City-directed vehicles with stored tare weights usually weigh at an unattended scale to record total net weight of materials being delivered. vi. Weighing and recording weights for all outbound vehicles transporting recovered materials to market or secondary processing, and residue to the approved disposal facility WM uses a gatehouse ticketing system called FASTLANE POS (Point of Sale) to weigh and record weights for all outbound vehicles transporting recovered materials to market or secondary processing, and residue to the approved disposal facility. Inbound vehicles weigh in at a designated inbound scale to record gross weight and weigh out at a designated outbound scale to record tare weight after delivering materials.
vii. Paying disposal rates
Customers are billed once or twice per month based on disposal rates set up in the internal billing system (MAS).
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viii. Maintaining scale records
All Accounts Receivable Tickets, Bill of Lading documents, Bank deposit tickets and logs, transfer station scale tickets, and other supporting documents are sent to a third party information management company to properly maintain and preserve all documents for seven years. In addition, scale records can be accessed using FASTLANE CENTRAL to generate gatehouse ticketing reports. ii. Obtaining vehicle tare weights for City-directed vehicles with periodic updating Tare weight is the empty weight of the vehicle including its body or container. Stored tare weights are allowed for use at the facility and are maintained in FASTLANE for each applicable vehicle.
Stored tare weights are captured from the scale. At a minimum, stored tare weights are verified and updated semi-annually (every 180 days) to ensure accuracy, or more frequently if required by local laws, permit or contract. Random testing of stored tare weights is completed on a quarterly basis and findings documented.
iii. Arranging for use of substitute scales
There are five inbound scales and one outbound scale. If a scale becomes non-operational or is undergoing maintenance, traffic is redirected to the other working scales. If power goes out, an emergency generator is available to power the scales.
iv. Testing and calibrating scales
All facility motor vehicle scales are tested and calibrated by third-party company on a quarterly basis. v. Weighing and recording weights for all inbound vehicles delivering materials WM uses a gatehouse ticketing system called FASTLANE POS (Point of Sale) to weigh and record all inbound vehicles delivering materials. Inbound vehicles weigh in at a designated inbound scale to record gross weight and weigh out at a designated outbound scale to record tare weight after delivering materials.
vi. Weighing and recording weights for all outbound vehicles transporting recovered materials to market or secondary processing, and residue to the approved disposal facility WM uses a gatehouse ticketing system called FASTLANE POS (Point of Sale) to weigh and record weights for all outbound vehicles transporting recovered materials to market or secondary processing. Inbound vehicles weigh in at a designated inbound scale to record gross weight and weigh out at a designated outbound scale to record tare weight after delivering materials.
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vii. Paying disposal rates
Customers are billed once or twice per month based on disposal rates set up in the internal billing system (MAS).
viii. Maintaining scale records
All Accounts Receivable Tickets, Bill of Lading documents, landfill scale tickets, and other supporting documents are sent to a third party information management company to properly maintain and preserve all documents for seven years. In addition, scale records can be accessed using FASTLANE CENTRAL to generate gatehouse ticketing reports.
g. Material Processing.
i. Methods of processing including key equipment, sorting stations, number of sort lines, and number of personnel assigned to each line
Number of personnel assigned to the C&D Processing Line includes: two loader operators, one excavator operator, one roll-off driver, 13 sorters/screen cleaners, four technicians, and one administrative staff member.
Key processing equipment includes:
• Infeed conveyor
• Pre-Sort Conveyor
• 8” shaker screen
• Magnet
• 2”-5” Lubo screen
• Trommel
• 2” De-stonner
• Tomra Optical Sorter
• 8” De-stonner
• Post-sort conveyor
• Residue conveyor
• 1 OCC compactor
• Air compressors
• Material storage bunkers
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ii. Description of each stage for processing methods that involve multiple stages C&D material discharges onto a shaker screen that sizes the material into two (2) different fractions, greater than 8 inches (overs) and less than 8 inches (unders). The overs are sorted along a conveyor for recovery in an area called “post-sort”.
A series of sorting positions allow sorted material to be conveyed to several streams including wood, mixed rigid plastics (MRP), OCC (cardboard), concrete and metals. The remaining material after postsort is then conveyed to the transfer station as residue on the same conveyor that handles the presort residue. The unders pass under an overhead magnet for removal of ferrous metals. The ferrous metals are conveyed to the pre-sort metal roll off box. Remaining material goes to the double deck screen to be further separated by size.
The first deck has an opening of 3/8 inches where the unders are discharged via conveyors to the fines bunkers. The second deck has an opening of two (2) inches. The 3/8 overs along with the 2- inch unders from the second deck go into a trommel screen for further sizing. The first trommel cut is set at 9/16 inch, and the second trommel cut is set a 1.25 inch. Trommel overs are then conveyed to two (2) separate destoners to do heavy/light separation.
Heavy objects fall into the 2-inch minus concrete/rock bunker and light materials fall into the large fines bunker. The unders of the trommel are dropped into the fines bunkers. The overs from the 2- inch deck go across an optical sorter used to sort wood. The ejected wood goes onto a sorting conveyor for quality control.
The negative fraction from the optical sorter is conveyed to a destoner for separation of the rocks and concrete (heavies). The heavies are discharge onto the same conveyor that transports the concrete from the post-sort past a quality control station. Lighter material from the destoner is conveyed back to a final sort conveyor. The remaining residual material is then conveyed to the residue line to the transfer station.
Please see the following process flow.
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iii. Process for determining which line(s) will be used for processing a given load of material The determination of processing for a given load is based on the classification of the material and is assigned based on generator type and/or collection container. iv. List of material types recovered through processing • Metals: ductwork, rebar, other ferrous and non-ferrous metals. • Grade A Wood: Untreated/unpainted pallets, dimensional lumber, crates. • Grade B Wood: Painted or stained wood, plywood, wood roofing. • Tree Debris: trunks, branches, and trimmings.
• Mixed Recyclables: aluminum, plastic and glass bottles/cans, cardboard and paper. • Inerts: concrete, asphalt, bricks, stone, gravel, tile, roofing tiles, porcelain, and other aggregates.
• Fines: dirt and sand
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v. List of material types categorized as residue
• Ceiling tiles
• Insulation: fiberglass and reflectix
• Painted or textured drywall
• Textiles, roofing felt, cloth or any fabric
• Expanded polystyrene
• Plastic bags and bagged materials
• Hoses, cords, wires
• Mirrors, window or auto glass
• Food waste and liquids, containers containing such items h. Secondary-Processing
i. Conducting any procedures for secondary-processing of material Recovered Grade A and Grade B wood from the C&D processing line are transported to secondary processors to be converted into wood mulch products.
Recovered Mixed Recyclables are transported to a secondary processing Material Recovery Facility (MRF) for further separation of recyclable materials.
ii. Transporting recovered materials to approved secondary processing facility(ies) and to markets WM represented transfer drivers are assigned to transport the recovered materials to Secondary Processing Facilities, using approved transfer vehicles and equipment. i. Disposal and Residue
i. Detailed method for determining and tracking the overall facility diversion rate and the diversion rate for materials generated in the City Service Area, including initial disposal of unprocessed material and the amount of residue from each individual processing line or processing stage WM determines overall facility diversion rate using the gatehouse ticketing system, FASTLANE, to track all inbound and outbound tonnage of materials. The facility will determine diversion rate for materials generated in the City Service Area by regularly conducting material composition audits or Material Recovery Facility (MRF) audits.
DSTS uses a third party certification process to calculate C&D diversion rate using the CORR Protocol and Certification of Real Rates. This protocol requires quarterly auditing of C&D material. An audit consists of collecting like material over several days, processing it through the MRF all at once and recording the results.
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All unprocessed material, including residue from each individual processing line is tracked using the FASTLANE ticketing system and/or residue conveyor scale readings. ii. Transporting and disposing of residue with acceptable levels of prohibited contaminants in accordance with Section 4.5 of the draft Agreement
WM represented transfer drivers would be assigned to transport and dispose of residue with acceptable levels of prohibited contaminants.
j. Recovered Material Marketing
i. Marketing of recovered materials directly following C&D processing and following processing at secondary processing facilities
WM EarthCare™ Mulch is made from 100% recycled, clean, untreated lumber that is recovered at the DSTS C&D processing line and coarsely ground to 2” at a secondary processing facility. WM EarthCare™ is a line of products that provide a sustainable, closed loop solution for Bay Area landscapers who want to reduce their carbon footprint while enriching local soil. The colorfast mulch, dyed with naturally occurring carbon and/or iron oxide, is safe for children and animals, and is guaranteed to retain its color for one year. WM EarthCare™ products are available at DSTS and several other WM facilities in the Bay Area.
ii. Maintaining complete and accurate marketing records, including tonnage of material marketed, price, revenue received, purchaser, and specified end-use DSTS uses FASTLANE ticketing records, MRF audit records, and/or RCI audit data to maintain and verify diversion tonnage data.
k. Quarantined Organic Waste
Describe proposer’s plan for identifying and maintaining records regarding quarantined organic waste.
The Davis Street Transfer Station (DSTS) holds an agreement (Compliance Agreement No: 01-GW006) with the California Department of Food and Agriculture (CDFA) to help prevent the spread of pests such as Asian citrus psyllid, European grapevine moth, light brown apple moth and Phytophthora ramorum which present a real and ongoing threat to the agricultural industry, environment, and economy of the State of California.
The Agreement permits DSTS to self-execute the quarantine requirements as a Hauler/Transporter and Transfer Station. Among other provisions, DSTS is required to transport green waste in a vehicle or trailer in compliance with the California Vehicle Code sections 23114(a) and 23115(a), and only accept green waste from a transporter/hauler operating under a compliance agreement.
The movement of green waste must abide by the following:
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a) Movement of unprocessed green waste is regulated, and it must remain within the Quarantine Area.
b) Movement of green waste processed incompletely (mulch) is regulated, and it must remain within the Quarantine Area.
c) Green waste processed completely (compost) is the only form of green waste that is not regulated. Compost may move within or outside the quarantine area. d) Green waste resulting from EGVM regulated articles (including grape and olive) that has been pressed at 2 bars, or 28 PSI, is no longer regulated and may be distributed anywhere in California in California except vineyards located outside an EGVM quarantine area.
DSTS maintains records of certified weighmaster certificates for all shipments of green waste received from the quarantine area for a period of two years and makes them available for inspection by county, state, or federal plant regulatory officials upon request. l. Alternative Facility
Procedures for use of alternative facilities, if needed, in accordance with the requirements and limitations in draft Agreement Section 4.1.
WM does not have a secondary C&D processing facility at this time. m. Allocation Method
Proposed process for allocating recovered materials and disposal/residue tonnages to the City versus to other facility users as provided in draft Agreement Section 4.4.D.
The facility will calculate allocation of materials recovered and disposal/residue tonnages from the City by accessing scale records to determine inbound and outbound tonnages and applying a percentage from the total inbound and outbound materials received at the facility for a certain period of time.
3. Diversion (Proposal)
Describe the following:
a. Proposer’s practices for ensuring compliance with third-party C&D accreditors, including, but not limited to, maintaining at least 65% diversion rate and maintaining records to be provided to the City To ensure compliance with third party C&D accreditors DSTS intends to continue its third party certification process with the Recycling Certification Institute (RCI) or other approved third party certification program.
To maintain at least a 65% diversion rate, the facility intends to monitor inbound C&D material for processing by conducting random load checks on C&D inbound loads to ensure processing material contain acceptable levels of C&D material. The facility will continue to maintain its equipment and retrofit its system as necessary to improve quality and/or quantity of recovered materials. In addition, City of San Leandro
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the facility will also work to maintain current markets of recovered material and/or find appropriate channels to divert and market recovered materials.
DSTS uses RCI or other approved third party certification program and/or FASTLANE records to maintain diversion records to be provided to the City.
b. Proposer’s systems for maintaining and verifying diversion and tonnage data DSTS uses FASTLANE ticketing records, MRF audit records, and/or RCI audit data to maintain and verify diversion tonnage data.
c. Any programs or practices proposer has implemented over the past three years, or plans to implement to increase its diversion rate, and describe the impact or results of those efforts.
In 2023, DSTS added a Tomra Optical Sorter to increase wood recovery.
4. Expansion and/or Permit Modifications (Proposal)
Describe any proposed or planned facility changes, expansion plans, and/or permit modification processes that impact the proposer’s services in response to this RFP.
There are currently no facility changes that impact the proposer’s services in response to this RFP.
5. Invoicing (Proposal)
Describe proposer’s process for invoicing services as provided in draft Agreement Section 8.2.
At WM, everything we do is about creating an outstanding experience for our customers. That is why we use the equipment and software that we do. The fully integrated capability of our system confirms that customer information is correct, and the overall customer experience is exceptional. For WM, our billing system is not just “back office” processing; it is the backbone of the customer’s experience.
WM utilizes Mid-America Systems (MAS) as our customer billing system. MAS software operates on an IBM iSeries AS400 Platform, running i5/OS version 7.1. It can be accessed through a secure, internet VPN-based connection 24 hours each day, 7 days a week.
Fully Integrated Billing. MAS integrates all billing, routing, and customer service information into one operating system. WM’s invoice format is based on extensive research, customer feedback, and field testing. Our invoices provide the opportunity to create custom billing inserts and messages that are tailor-made for San Leandro. For online customers, we post electronic versions of the inserts to their online invoice for a total “green” experience.
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An Easy-to-Understand Monthly Invoice
To present our customers with accurate billing information in an easy-to-read format, WM redesigned our standard invoice template. Our new invoice remains fully compliant with governmental, contractual, and local requirements while also incorporating customer feedback. The most common customer request regarding our invoice was to make it easier to understand. To accomplish this, we simplified the invoice format, provided clear steps for all payment options, and include an explanation of common charges if applicable.
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6. Reporting (Proposal)
Describe proposer’s process for maintaining records and submitting reports to the City, such as those described in Exhibit D of the draft Agreement.
The key to continuous improvement is that you cannot change what you do not measure. At WM, we understand that measuring and reporting diversion, financial performance, and service delivery are key components of a successful program.
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WM can provide detailed, accurate reporting in a format that is mutually agreed upon by San Leandro and WM. Typically, these reports are provided on a monthly, quarterly, and/or annual basis, but we can also submit reports to San Leandro on an ad hoc basis as requested.
Sample Reports
Following are excerpts of monthly or quarterly reports that document monthly tonnage, customer accounts, and customer service information.
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7. Additional Features (Proposal - Optional)
Highlight additional capabilities or unique features, if any, of the operations and maintenance activities of the facility.
Our prime location in San Leandro provides easy accessibility for our customers.
C. Other Technical Information.
1. Regulatory Compliance (Attachments)
Provide contact names for regulatory agencies that monitor the facility’s(ies’) compliance with applicable local, state, and federal laws and regulations including name of the regulatory agency, contact person’s title, and telephone number.
Agency Contact Expertise Area Contact Information
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CUPA Lisa Maffei
City of San
Leandro
Environmental
Services Section
(510)-577-6032,
[email protected]
Alameda County
Waste Management
Authority
(StopWaste)
Elese Lebsack:
Program Manager
Plant Debris
Landfill Ban
(510) 891-6528,
[email protected]
LEA (Local
Enforcement
Agency)
Arthur Surdilla:
Acting Supervising
Hazardous
Materials
Specialist/
Registered
Environmental
Health Specialist
Oversees all LEA
activities
(510) 567-6868,
[email protected]
Aliya Khan: Senior
Registered
Environmental
Health Specialist
Solid Waste
Facility Permit
(510) 567-6739,
[email protected]
Alvin Dang:
Registered
Environmental
Health Specialist
Solid Waste
Facility Permit
(510) 639-1330,
[email protected]
David Madieros:
Registered
Environmental
Health Specialist
Gas Monitoring/
Closed Landfill
(510-567-6735),
[email protected]
Vicent Kazibwe:
Registered
Environmental
Health Specialist
Fleet (510) 567-6764,
[email protected]
BAAQMD
Ryan Atterbury:
Site/ Program
Manager
(415) 749-4670,
[email protected]
CalRecycle
Andrew Hurst:
Supervising Senior
Environmental
Scientist
E-Waste
Recycling
Program
(916) 323-2872,
[email protected]
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DTSC
Amalie Larsen: EWaste Program
Inspector
[email protected]
Disposal Services
A. Facilities
1. Facility Information (Forms)
Proposers shall complete all facility information required in the “Disposal – 1 MSW” Tab of Attachment A.
Please see Attachment A.
2. Additional Facility Description (Proposal)
Proposer shall provide an overview of the design and operating practices of the landfill to ensure regulatory compliance.
Altamont Landfill and Resource Recovery Facility is a regional facility that provides safe and convenient disposal services for communities, businesses and industries serving Alameda County and surrounding cities.
This facility is engineered with environmental protection systems that meet or exceed rigorous government regulations and are subject to highly regulated monitoring and reporting requirements.
Systems include engineered liners and covers, leachate collection and removal, and landfill gas collection and control.
Altamont Landfill and Resource Recovery Facility is recognized for its sustainable practices and leadership in landfill management. This facility hosts an on-site composting facility, landfill gas to liquefied natural gas (LNG) plant and Liquefied Compressed Natural Gas (LCNG) fueling facility as well as electricity-generating landfill gas-powered turbines and windmills.
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3. Facility Documents (Attachments)
Proposers shall provide the following attachments:
a. A copy of the Solid Waste Facility Permit
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b. The Remaining Life Assessment Report, which is typically submitted annually to California Department of Resources Recycling and Recovery (CalRecycle) by each landfill site Please see the following Remaining Life Assessment Report for Altamont Landfill.
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c. A list of current contracts with jurisdictions for landfill capacity, the estimated annual tonnage for each, the contract expiration dates, and possible extensions for each Jurisdiction Estimated Annual Tonnage Contract Expiration Date
Possible Extension
City of Albany 5,000 tons per year 10/2031 no discussions yet City of Emeryville 12,000 tons per year 12/2030 no discussions yet City of Pleasanton 95,000 tons per year 12/2029 no discussions yet City of Berkeley 75,000 tons per year 12/2026 no discussions yet City of Dublin 35,000 tons per year 12/2026 no discussions yet City of Oakland 170,000 tons per year 2035 no discussions yet B. Operating Conditions
1. Operations Information (Forms)
Proposers shall complete all operational information required in the “Disposal – 1 MSW” Tab of Attachment A.
Please see Attachment A.
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2. Operations Plan (Proposal)
In addition to the information to be provided in the technical proposal form (Attachment A), proposers shall submit an Operations Plan describing their plan to provide disposal services in accordance with this RFP and Article 4 and Article 5 of the draft Agreement as follows, at a minimum:
a. Personnel
An organization chart showing facility manager, other management and supervisory positions and number of staff performing each function.
b. Material Receipt and Acceptance
To meet the requirements of Article 4 and Article 5 of the draft Agreement, including, but not limited to including, but not limited to receiving, accepting, and safely and lawfully disposing of the City’s solid waste.
The ALRRF solid waste permit fulfills the requirements of Article 4 and Article 5 of the draft Agreement. It includes processes for receiving, accepting, and lawfully disposing the City’s solid waste.
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c. Unpermitted Waste
Procedures for identifying and addressing unpermitted waste in accordance with draft Agreement Section 5.2.2, including:
i. Inspecting, detecting, and rejected unpermitted waste. ii. Handling, transporting, and delivering unpermitted waste to an appropriate processing or disposal facility.
Random Load Checks
• ALRRF is required to perform 4 random load checks per week o Focused on route trucks, box trucks, self-haulers, and small commercial (a large percentage of waste received at ALRRF is from transfer facilities that are also required to perform load checks)
• Procedure
o Randomly select load for inspection at the route truck/public disposal area o Notify the compactor/dozer operator that a load inspection is to be performed and where the load will be located so operator avoids pushing in that area. o Place cones around load to identify it and ask traffic director to avoid placing other vehicles too close.
o Give brief explanation of the Load Check Program to the driver and instruct him/her to unload to the side of the tipping area, out of the flow of traffic. o Begin filling out the Load Check Report Form with the driver’s name and truck number.
o Wear additional PPE (i.e., rubber gloves, dust mask) while inspecting in the event that any materials are found and/or spilled. Use a rake or similar tool to spread the waste to ensure thorough inspection.
o If unacceptable wastes are found, record them on the report. Determine if the wastes can be rejected (loaded back onto the truck and removed by the driver). If not (or material cannot be identified), call a supervisor for signoff of the report and removal of wastes to the storage area.
If no unacceptable wastes are found, indicate that on the report then file with the Environmental Protection Manager.
Suspicious Load Checks
• Landfill personnel have authority and are encouraged to conduct load checks when they believe it may be appropriate.
• Reasons for suspicion may include the following:
o Vehicles do not appear to contain materials as described in the approved profile (i.e., odor, consistency, color, physical characteristics).
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o Vehicles previously have contained questionable materials.
Notification of concern from any regulatory agency over vehicle or customer waste.
Spot Checks/Quality Assurance Checks
• Landfill personnel may also conduct spot checks or “quality assurance” type inspections on particular loads to ensure that the waste profile and waste designation process is being applied successfully.
• This may include:
o Checking load tickets to ensure consistency between the data entered into the system and the waste contained in the load.
Checking the waste to ensure that it matches with the colored ribbon placed on the truck mirror.
This ribbon (“flag”) identifies the waste stream and tells the traffic director where to send the load for off-loading and proper management.
d. Safety
Procedures for providing all services in a safe manner, including in accordance with applicable law and the insurance requirements of draft Agreement Article 9.
As the largest operator of landfill networks in the industry, we provide extensive staff training to assure continuing education and dissemination of current best practices. This training includes classes in landfill design, construction and management; landfill gas systems management; and advanced instruction in air permitting and compliance. These courses are complemented by a range of eLearning modules in the management of greenhouse and other gases. Other learning opportunities enhance expertise in almost every phase of safe landfill operations.
We also contribute to new bodies of knowledge through research collaborations with expert stakeholders. WM initiated a study in 2019 to evaluate emerging measurement technologies for determining fugitive landfill methane emissions, with the goal of having a measurement system in place by 2030. Landfills currently must rely on models and other factors to estimate methane emissions. Studies comparing these emission estimates from models to measurements have shown that the existing models can overstate emissions by up to 30 times. Identifying improved methane measurement systems and technologies is key to meeting emission reduction goals.
The study will evaluate satellite and aerial platform data, flux calculations and modeling assumptions to better understand advantages and limitations of these technologies. Building on previous research by WM, academic and governmental partners, this study will compare these technologies to groundbased methods of assessing landfill methane emissions. Our desired outcome is that these technologies will provide data sufficient to track and quantify landfill methane emissions, monitor emission reduction goals and replace or refine the current models used to estimate landfill emissions for regulatory and sustainability reporting.
Highlights of past research include a study evaluating and estimating the capacity of an evapotranspiration cover at a landfill to oxidize landfill gas emissions, which should help landfill operators and regulators agree upon the process for determining when to cease active landfill gas system controls. We also completed a case study on optimal approaches to long-term landfill management. This foundational research is key to identifying long-term stewardship options that are City of San Leandro
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reliable, science-based and designed to assure safety throughout the transition of closed landfill properties to beneficial reuse after closure.
e. Traffic Control and Direction
Procedures for:
i. Constructing and maintaining roads from the facility entrance to scale house, and to point of unloading
ii. Directing on-site traffic to appropriate unloading areas to provide a safe working environment for facility, users, visitors, and employees
iii. Providing and maintaining roadways, signs, and personnel to facilitate safe and efficient traffic flow
iv. Providing for a turnaround time of no more than 20 minutes from entry to exit of the facility by City-directed vehicles
Traffic Control Procedures for the Altamont Landfill are as follows:
Constructing and Maintaining Roads
a. Main road from entrance to the scale house is paved. After the scale house to the main landfill entrance is paved as well.
b. From there, roads are constructed of gravel leading into the landfill. c. Within the landfill footprint, roads are constructed of gravel and dirt depending on seasonality. d. The operations team regularly inspects and maintains roads from the facility entrance to the scale house and unloading points.
e. Repairs any damage promptly to ensure smooth traffic flow. f. Routinely utilizes equipment to ensure the paved roads are free of debris and track out.
Directing On-Site Traffic
a. Signage of site procedures, directions and speed limits are posted throughout the site. b. Trained personnel direct traffic to the appropriate unloading zones. c. Designated unloading areas with signage for different types of materials. d. Communication channels, such as two-way radios, are established for effective coordination. e. Maintain clear signage indicating directions and speed limits.
Procedures for traffic control during emergencies or unexpected situations a. Communicate evacuation instructions clearly using signals or communication channels, such as two-way radios.
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b. Traffic Diversion: Use of signage, cones, and other traffic control devices to guide vehicles to designated area.
c. Ensure all personnel are trained on emergency response protocols.
Review and Continuous Improvement
a. Conduct periodic reviews of the effectiveness of traffic control measures. b. Implement improvements based on feedback of identified areas of enhancement. f. Scale Operation
Procedures for complying with the requirements of draft Agreement Section 5.2.8 including:
i. Maintaining motor vehicles scales and associated equipment and software Altamont Landfill maintains its State-certified motor vehicle scales and associated equipment and software in accordance with Applicable Law and company policy. Scales are routinely inspected and cleaned to remove any debris. Scale house cameras are also inspected regularly to ensure their functionality. Routine system software maintenance is regularly updated in the POS gate house workstations.
ii. Obtaining vehicle tare weights for City-directed vehicles with periodic updating Tare weight is the empty weight of the vehicle including its body or container. Stored tare weights are allowed for use at the facility for uni-body collection vehicles and are maintained in FASTLANE for each applicable vehicle. Stored tare weights are captured from the scale. At a minimum, stored tare weights are verified and updated semi-annually (every 180 days) to ensure accuracy, or more frequently if required by local laws, permit or contract. Random testing of stored tare weights is completed on a quarterly basis and findings documented. iii. Arranging for use of substitute scales
Altamont Landfill currently has two inbound scales and two outbound scales. If a scale becomes nonoperational or is undergoing maintenance, traffic is redirected to the other working scales. If power goes out, an emergency generator is available to power the scales. iv. Testing and calibrating scales
All facility motor vehicle scales are tested and calibrated by third-party company on a quarterly basis.
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v. Maintaining scale records
All Accounts Receivable Tickets, Bill of Lading documents, landfill scale tickets, and other supporting documents are sent to a third-party information management company to properly maintain and preserve all documents for seven years. In addition, scale records can be accessed using FASTLANE CENTRAL to generate gatehouse ticketing reports.
g. Alternative Facility
Procedures for use of alternative facilities in accordance with draft Agreement Section 4.1.
WM will use Redwood Landfill located at 8950 Redwood Hwy, Novato, CA 94945 as an alternative facility. This is a WM owned, operated, and fully-permitted Class IIII landfill. Transfer operations will continue to be through the Davis Street Transfer station. h. Closure and Post-Closure
i. Maintaining and managing disposal facility during and following the landfill closure and postclosure periods in accordance with Section 4.6.D. of the draft Agreement and applicable law ii. Funding of landfill closure and post-closure activities.
Landfill Closure/Post Closure Maintenance
ALRRF has closed a portion of the landfill and implemented a Post Closure Maintenance Plan for the closed section as required in California Code of Regulations, Title 27. In addition, also pursuant to regulations, ALRRF will be revising its Preliminary Closure/Post closure Maintenance Plans at least two years prior to the time that additional areas of the landfill are anticipated to reach final grade.
The plans are to be submitted to the Local Enforcement Agency, Alameda County Environmental Health, and the Central Valley Regional Water Quality Control Board for approval. The current plans were approved in 2005 with revision of the site’s Solid Waste Facility Permit.
Long-Term Stewardship Post- Closure
Just as we strive for safety and environmental quality at all our operating landfills, we want to be stewards of the environment when facilities reach their permitted capacity. WM has an independent, formally designated department, the Environmental Legacy Management Group, that manages the company’s closed landfills. The department is separate from ongoing operations, with specialists experienced in the science and engineering of site
closure and long-term property management. These
experts bring a fresh eye to inactive landfill sites and are attentive to opportunities for secure, long-term site maintenance, including opportunities for sites to
provide new benefits to communities.
WM has seven closed landfills across North America
that provide areas for community parks and recreation opportunities:
Landfills are filled over many decades and are
monitored for decades after closure. WM considers
a long-term view of these sites, ensuring that we
mitigate potential impacts and keep communities
safe and secure for generations to come.
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H.O.D. Landfill,
Antioch, IL
Softball fields
Field hockey
fields
Soccer fields
Recreational
facilities
County Line, Denver, CO
Soccer fields
BMX track
Oyster Bay, Oakland,
CA
Hiking trails
Picnic areas
Dog walking
Frisbee golf
Blackwell, Ontario,
Canada
Walking trails
Dog park
Playground
Midway and Settler’s
Hill, metro Chicago, IL
Golf course
Cross-country
course
Greene Valley West,
metro Chicago, IL
Viewing area
open to the
public
PJP Landfill, Jersey
City, NJ
Transferred to
the City and
NJDEP which
allowed for use
as a public park
3. Permits (Proposal)
Procedures for obtaining, maintaining, and complying with all permits required under applicable law, as provided in draft Agreement Section 5.2.1.
WM has already obtained and are currently maintaining and complying with all permits required under applicable law.
4. Invoicing (Proposal)
Describe proposer’s process for invoicing services as provided in Draft Agreement Section 8.2.
At WM, everything we do is about creating an outstanding experience for our customers. That is why we use the equipment and software that we do. The fully integrated capability of our system confirms that customer information is correct, and the overall customer experience is exceptional. For WM, our billing system is not just “back office” processing; it is the backbone of the customer’s experience.
WM utilizes Mid-America Systems (MAS) as our customer billing system. MAS software operates on an IBM iSeries AS400 Platform, running i5/OS version 7.1. It can be accessed through a secure, internet VPN-based connection 24 hours each day, 7 days a week.
WM’s Billing System Features and Benefits
Fully Integrated Billing. MAS integrates all billing, routing, and customer service information into one operating system. WM’s invoice format is based on extensive research, customer feedback, City of San Leandro
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WM’s Billing System Features and Benefits
and field testing. Our invoices provide the opportunity to create custom billing inserts and messages that are tailor-made for San Leandro. For online customers, we post electronic versions of the inserts to their online invoice for a total “green” experience.
Reliability and Redundancy. We perform ongoing data quality assurance audits to confirm that all information is accurate and up-to-date. Our billing system data, like all our critical systems, are continuously backed up to reduce the risk of data loss.
Efficient Route Sequencing. Electronic route logs are generated from billing data every day to confirm service accuracy. These electronic records are downloaded to the drivers’ tablets nightly.
New customers and customers with service level changes are placed at the top of the driver’s route screen to highlight the change in the driver’s route. Each customer is assigned a unique account number that tracks detailed information, including contact information, size and quantity of containers, and service history. Route information is viewable in MAS.
Accurate Service. MAS connects seamlessly with our receivables processing system. Customers remit their payments to WM’s regional payment center. The payment is immediately processed so customer service representatives can access a customer’s account online and promptly respond to any billing questions.
24/7 Online Bill Pay Option. WM offers a safe, secure, convenient online bill paying system, allowing customers to pay their bill online, 24 hours a day, 7 days a week.
An Easy-to-Understand Monthly Invoice
To present our customers with accurate billing information in an easy-to-read format, WM redesigned our standard invoice template. Our new invoice remains fully compliant with governmental, contractual, and local requirements while also incorporating customer feedback. The most common customer request regarding our invoice was to make it easier to understand. To accomplish this, we simplified the invoice format, provided clear steps for all payment options, and include an explanation of common charges if applicable.
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5. Reporting (Proposal)
Describe proposer’s process for maintaining records and submitting reports to the City, such as those described in Exhibit D of the draft Agreement.
The key to continuous improvement is that you cannot change what you do not measure. At WM, we understand that measuring and reporting diversion, financial performance, and service delivery are key components of a successful program.
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WM can provide detailed, accurate reporting in a format that is mutually agreed upon by San Leandro and WM. Typically, these reports are provided on a monthly, quarterly, and/or annual basis, but we can also submit reports to San Leandro on an ad hoc basis as requested.
Working with San Leandro staff, we can design the reports to provide easy-to-read charts that display year-over-year performance, diversion results against stated goals, and identify opportunities for improvement.
Sample Reports
Following are excerpts of monthly or quarterly reports that document monthly tonnage, customer accounts, and customer service information.
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6. Expansion and/or Permit Modifications (Proposal)
Describe any proposed or planned facility changes, expansion plans, and/or permit modification processes that impact the proposer’s services in response to this RFP.
WM has no proposed or planned facility changes, expansion plans, and/or permit changes that would impact services in response to the RFP.
7. Additional Features (Proposal - Optional)
Highlight additional capabilities or unique features, if any, of the operations and maintenance activities of the facility.
Wildlife Habitat
Nearly half of Altamont Landfill’s property - almost 1,000 acres - is a dedicated wildlife habitat. This habitat protects a number of threatened and endangered species including, the San Joaquin Kit Fox, Western Burrowing Owl, California Red-legged Frog and California Tiger Salamander.
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C. Other Technical Information
1. GHG Management (Proposal)
Provide a description of how on-site greenhouse gas (GHG) emissions are managed, including from the total disposal tonnage in place to date; landfill gas (LFG) capture methods, including quantities of methane captured; and, description of how the harvested methane is being used.
Please see the following explanation from WM’s Business Unit Engineer for Waste Management of Alameda County, Inc.
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2. Regulatory Compliance (Attachments)
Provide contact names for regulatory agencies that monitor the facility’s(ies’) compliance with applicable local, state, and federal laws and regulations including name of the regulatory agency, contact person’s title, and telephone number.
Please refer to the following contact names for regulatory agencies that oversee the facility’s compliance with local, state, and federal laws and regulations.
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1. Alameda County Planning Department
Public Works Building
399 Elmhurst Building, Room 136
Hayward, CA 94544
510-670-5400
2. Alameda County Environmental Health Department (LEA)* 1131 Harbor Bay Parkway, Suite 234
Alameda, CA 94502-6577
Ryan Hammon 510-567-6736
3. Bay Area Air Quality Management District (BAAQMD)
939 Ellis Street
San Francisco, CA 94109
Kevin Cordes 415-749-8716
4. California Environmental Protection Agency Department of Toxic Substances Control 1001 I Street
Sacramento, CA 95814
916-324-1826
5. California Department of Resources Recycling and Recovery (CalRecycle) 8800 Cal Center Drive
Sacramento, CA 95826
Randy Friedlander 916-341-6718
6. Central Valley Regional Water Quality Control Board (CVRWQCB) 3443 Routier Road, Suite A
Sacramento, CA 95827
Paul Sanders 916-464-4681
7. California Department of Fish & Game, Region 3
P.O. Box 47
Yountville, CA 94599
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Janice Gan 209-835-6910
8. California Division of Occupational Safety & Health/ Cal OSHA 1515 Clay Street Room 1301
Oakland, CA 94612
510-622-2916
9. U.S. Fish & Wildlife Service
Sacramento Endangered Species Office
2800 Cottage Way, Room, W-2605
Sacramento, CA 95825-1846
Sheila Larson 916-414-6685
Capacity Guarantee (Proposal)
Provide a written commitment guaranteeing capacity (on a daily basis and annual basis) for City Delivered Materials and residue for transfer/transport services, recyclables processing, organics processing, C&D processing, disposal, and disaster debris services as applicable, throughout the possible total term lengths of ten and fifteen years. If the proposed facility(ies) or service(s) is(are) not owned and operated by the proposer, the proposer shall include a letter of commitment from the owner/operator (subcontractor) guaranteeing capacity. Proposer shall reserve the proposed capacity for no less than one year from the date of proposal submittal.
Please see the following capacity guarantee letter from ALRRF:
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Disaster Debris Management
Describe plans and procedures for managing material collected from major accidents, disruptions, and natural calamities for (i) the proposed facility(ies) if the facility(ies) is damaged; and, (ii) disaster materials delivered to the facility(ies) by the City and surrounding cities.
All proposers shall describe their disaster plans for each proposed facility if the facility is damaged.
Processing and disposal services shall additionally: i) describe the plan for handling disaster materials if the City delivers disaster materials to the proposed processing or disposal facility(ies); and, ii) identify what capabilities, if any, the proposer has to handle disaster materials (including building materials) that would have to be delivered to a Class I disposal facility.
WM will follow the attached procedures and guidelines as it relates to disaster debris management.
The documents referenced here are included in Attachment A. • Order WQ 2020-0004-DWQ General Waste Discharge Requirements for Disasters-Related Wastes-(Attachment A). This general order applies to disaster-related waste streams, specifically from Declared Disaster Areas, or other emergency response actions. It applies to facilities, including Region 5-Altamont Landfill-Waste Management of Alameda County. • Joint Technical Document (JTD)–(Attachment A). Section 8.3.5 Fire Prevention and Control:
This section describes procedures for handling burning waste and preventing landfill fires, particularly if burning waste is received.
• Conditional Use Permit (CUP)-(Attachment A). Section 4.3.3: Limitation on Acceptance and Disposal of Wastes. Please refer to the highlighted section for specific details. • Kettleman Hills Facility Class I-Chemical Waste Management Facility Overview- (Attachment A). In the event that Class I disaster materials would have to be delivered to a Class I disposal facility, Kettleman Hills facility can accept such material. Please refer to attachment for specifications.
Other Services
Describe how the proposer will support the City’s education and outreach efforts as described in Section 3.8 of this RFP. Proposals should include details for how facility tours will be coordinated and run and how the proposer intends to ensure timely responses to City’s request for information.
Environmental Education Outreach
StopWaste is a public agency that works to reduce waste in Alameda County through tours, education, and events. DSTS houses a StopWaste education center on site and opens sections of the facility for the StopWaste guided tours with students of all ages. On average, the facility hosts about 160 classes/tours which translates to 4,560+ students who were able to see parts of our facility.
Throughout the year, Erika-Alexandra Solis, Environmental Protection Specialist, manages tours. Past audiences include: incorporated members of the program Leadership San Leandro, Bayer, SF Environmental (San Francisco Environment Department), Oakland Coliseum staff, as well as internal City of San Leandro
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WM members not stationed in the area such as WM recycling coordinators, senior leadership team members and other directors. Both personal and professional growth are key components of WM. 157
4 | COST PROPOSAL FORM
Proposers shall complete the cost proposal form, which is provided in Attachment A, to present pricing for transfer/transport, recyclables processing, organics processing, C&D processing, and disposal services. Pricing should be submitted for term lengths of ten years and fifteen years. The pricing should be presented in current dollars and reflect the assumption that service may begin on February 1, 2025. The pricing proposed shall be valid for one year from date of proposal submittal.
Additional instructions for the cost proposal are presented in Attachment A. Costs shall be proposed based on the terms and conditions of the draft Agreement and shall be binding.
Please see Attachment A.
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5 | KEY TERMS AND CONDITIONS OF
DRAFT AGREEMENT
The draft Agreement contained in Attachment B provides proposers with a clear understanding of the roles, responsibilities, rights, and obligations of the service provider and the City. Proposers are required to review the Draft Agreement prior to submittal of a proposal. In submitting a proposal, proposers acknowledge the City anticipates executing a final Agreement with the selected service provider(s) in substantially the same form as the draft Agreement provided in Attachment B, with the exception of provisions modified or removed to reflect the service(s) to be provided.
Proposers must describe in detail any proposed exceptions to the RFP and draft Agreement.
Please see Attachment B.
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6 | OTHER PROPOSAL FORMS
A. Secretary’s Certificate
B. Non-Collusion Affidavit
C. Iran Contracting Act Certification
D. Communication and Integrity Policy
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A. Secretary’s Certificate
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Officers and Directors of Waste Management of Alamenda County, Inc.
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B. Non-Collusion Affidavit
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C. Iran Contracting Act Certification
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D. Communication and Integrity Policy
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ATTACHMENT A: DISASTER DEBRIS
MANAGEMENT PROCEDURES
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Order WQ 2020-0004-DWQ General Waste Discharge Requirements for DisastersRelated Wastes City of San Leandro
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Joint Technical Document (JTD), Section 8.3.5 Fire Prevention and Control City of San Leandro
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Conditional Use Permit (CUP), Section 4.3.3: Limitation on Acceptance and Disposal of Wastes
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Kettleman Hills Facility Class I-Chemical Waste Management Facility Overview The following pages comprise an excerpt of the Chemical Waste Management, Inc. Kettleman Hills Facility. The complete version is available upon request.
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EXHIBIT G1:
[RESERVED]
EXHIBIT G2:
INITIAL RATES FOR POST-COLLECTION SERVICES
City of San Leandro Proposer Name:
Post-Collection RFP
Processing Services - 2. Organic Materials
10-Year Term 15-Year Term 10-Year Term 15-Year Term 10-Year Term 15-Year Term Facility Name
Facility Location
Contractor component for processing services ($/ton) $80.00 $80.00 $180.00 $180.00 $88.00 $88.00 Processing Facility Regulatory Fees & Taxes (list separately)
1. N/A
2. 3.
4 5.
6. Total Regulatory Fees ($/ton) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Processing Cost ($/ton) $80.00 $80.00 $180.00 $180.00 $88.00 $88.00 Revenues from the Sale of Materials ($/ton)
(Show as Negative Value)
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Total proposed rate ($/ton) $80.00 $80.00 $180.00 $180.00 $88.00 $88.00 Average vehicle turnaround time at transfer station (minutes) 30 30 30 30 30 30 Stand-by rate ($ per hour) $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 Waste Management of
Yard Trimmings Commercial Food Scraps Residential Commingled Yard Trimmings and Food Scraps
Organic Materials Rates
Altamont CASP Davis Street OMCF Altamont CASP
Livermore, CA San Leandro, CA Livermore, CA
December 20, 2023