Attachment D-3 - Proposed Maximum Rates to be Charged
Rates must be submitted in 2025 dollars.
This form will become part of Attachment D to the final Agreement.
18. Special Event Service - Direct to Landfill MSW Service Labor Fuel Collection
18a Special Event Service MSW Hauled to Directly to
the Landfill 35-gallon Cart Per container $ 15.72 $ 2.77 $ 18.49 $ 0.20 $ 28.45 $ 1.04 $ 29.49 18b Special Event Service MSW Hauled to Directly to
the Landfill 65-gallon Cart Per container $ 22.01 $ 3.88 $ 25.89 $ 0.28 $ 39.83 $ 1.46 $ 41.29 18c Special Event Service MSW Hauled to Directly to
the Landfill 95-gallon Cart Per container $ 25.15 $ 4.44 $ 29.59 $ 0.32 $ 45.52 $ 1.67 $ 47.19 18d Special Event Service MSW Hauled to Directly to
the Landfill
1 Cubic Yard Bin
(standalone or half
of 2-yard split bin)
Per container $ 25.15 $ 4.44 $ 29.59 $ 0.32 $ 45.52 $ 1.67 $ 47.19 18e Special Event Service MSW Hauled to Directly to
the Landfill
1.5 Cubic Yard Bin
(standalone or half
of 3-yard split bin)
Per container $ 164.57 $ 29.04 $ 193.61 $ 2.10 $ 297.86 $ 10.93 $ 308.78 18f Special Event Service MSW Hauled to Directly to
the Landfill
2 Cubic Yard Bin
(standalone or half
of 4-yard split bin)
Per container $ 164.54 $ 29.04 $ 193.58 $ 2.10 $ 297.82 $ 10.92 $ 308.74 18g Special Event Service MSW Hauled to Directly to
the Landfill
3 Cubic Yard Bin
(standalone or half
of 6-yard split bin)
Per container $ 167.93 $ 29.64 $ 197.57 $ 2.14 $ 303.95 $ 11.15 $ 315.10 18h Special Event Service MSW Hauled to Directly to
the Landfill 4 Cubic Yard Bin Per container $ 178.03 $ 31.42 $ 209.45 $ 2.27 $ 322.23 $ 11.82 $ 334.05 18i Special Event Service MSW Hauled to Directly to
the Landfill 6 Cubic Yard Bin Per container $ 404.65 $ 71.41 $ 476.05 $ 5.16 $ 732.39 $ 26.87 $ 759.26 18j Special Event Service MSW Hauled to Directly to
the Landfill 10-yard Roll-off Per container $ 404.65 $ 71.41 $ 476.05 $ 5.16 $ 732.39 $ 26.87 $ 759.26 18k Special Event Service MSW Hauled to Directly to
the Landfill 20-yard Roll-off Per container $ 404.65 $ 71.41 $ 476.05 $ 5.16 $ 732.39 $ 26.87 $ 759.26 18l Special Event Service MSW Hauled to Directly to
the Landfill 25-yard Roll-off Per container $ 404.65 $ 71.41 $ 476.05 $ 5.16 $ 732.39 $ 26.87 $ 759.26 18m Special Event Service MSW Hauled to Directly to
the Landfill 30-yard Roll-off Per container $ 404.65 $ 71.41 $ 476.05 $ 5.16 $ 732.39 $ 26.87 $ 759.26 18n Special Event Service MSW Hauled to Directly to
the Landfill 40-yard Roll-off Per container $ 404.65 $ 71.41 $ 476.05 $ 5.16 $ 732.39 $ 26.87 $ 759.26 18o Special Event Service MSW Hauled to Directly to
the Landfill 20-yard Compactor Per container $ 444.51 $ 78.44 $ 522.95 $ 5.66 $ 804.54 $ 29.51 $ 834.05 18p Special Event Service MSW Hauled to Directly to
the Landfill 25-yard Compactor Per container $ 444.51 $ 78.44 $ 522.95 $ 5.66 $ 804.54 $ 29.51 $ 834.05 18q Special Event Service MSW Hauled to Directly to
the Landfill 30-yard Compactor Per container $ 444.51 $ 78.44 $ 522.95 $ 5.66 $ 804.54 $ 29.51 $ 834.05 18r Special Event Service MSW Hauled to Directly to
the Landfill 40-yard Compactor Per container $ 444.51 $ 78.44 $ 522.95 $ 5.66 $ 804.54 $ 29.51 $ 834.05
19. Special Event Service - Single-Material Recyclables and Single-Stream Recyclables Processing Component
Labor Fuel Collection Clean MRF
19a Special Event Service Single-material and Singlestream Recyclables Service 35-gallon Cart Per container $ 14.94 $ 2.64 $ 17.57 $ 8.34 $ 0.93 $ 0.19 $ 27.03 $ 0.99 $ 28.03 19b Special Event Service Single-material and Singlestream Recyclables Service 65-gallon Cart Per container $ 20.91 $ 3.69 $ 24.59 $ 11.68 $ 1.30 $ 0.27 $ 37.84 $ 1.39 $ 39.23 19c Special Event Service Single-material and Singlestream Recyclables Service 95-gallon Cart Per container $ 23.89 $ 4.22 $ 28.11 $ 13.35 $ 1.48 $ 0.30 $ 43.24 $ 1.59 $ 44.83 # Sector/Stream Description Size
Frequency of
Collection
Indicate the selected processing technology for sourceseperated food scraps collected at special events using the drop down:
Composting
<-- the selected processing methodology will be shown in the Processing Component cell for the corresponding rate item in Section 20 below. Proposers will provide further details re: their proposed processing facility for this service line in the corresponding proposal form.
Attachment D-3 - Rates to be Charged Beginning October 1, 2025 Fill in the rates proposed as the maximum rates to customers below for each level of service. Rates must be broken down to show the collection cost, disposal cost and capital costs (the capital component will not be escalated). The procedure for adjusting costs throughout the term of the contract appears in Article 14 of the Agreement. A sample calculation is shown in Attachment J. The disposal portion will only be adjusted as that cost actually changes. The disposal and processing portions will only be adjusted as that cost actually changes. Disposal and processing costs are pass through costs and cannot include any mark up, overhead or administrative costs. The density values used in calculating the disposal and processing costs will be reconciled each year per the protocols in Attachment J. The City recognizes the rates in Attachment D-1 (the incumbent hauler's current rates) may not fully cover the cost of Proposer providing services between June 1 and September 30, 2025. The proposer may include and spread costs that will not be covered by the incumbent hauler's current rates in the Proposer's proposed rates (Attachment D) that are planned to become effective October 1, 2025.
Collection Component (85% Labor and 15% Fuel) Disposal Component Non-escalating Capital Component Total Base Rate Regulatory Compliance Cost Component $ 102.14
Total Lake Forest Rate
$ 9.76
$ 13.66
$ 15.61
$ 15.61
$ 102.15
$ 275.92
$ 104.24
$ 110.51
$ 251.18
$ 251.18
$ 251.18
$ 251.18
$ 251.18
$ 251.18
$ 275.92
$ 275.92
$ 275.92
# Sector/Stream Description Size
Frequency of
Collection
Collection Component (85% Labor and 15% Fuel) Disposal
Component
Non-escalating
Capital Component Total Base Rate Regulatory Compliance Cost Component Total Lake Forest Rate
Attachment D-3 - Proposed Maximum Rates to be Charged
19d Special Event Service Single-material and Singlestream Recyclables Service 1 Cubic Yard Bin
(standalone or half
of 2-yard split bin)
Per container $ 23.89 $ 4.22 $ 28.11 $ 13.35 $ 1.48 $ 0.30 $ 43.24 $ 1.59 $ 44.83 19e Special Event Service Single-material and Singlestream Recyclables Service
1.5 Cubic Yard Bin
(standalone or half
of 3-yard split bin)
Per container $ 156.34 $ 27.59 $ 183.93 $ 87.34 $ 9.70 $ 1.99 $ 282.96 $ 10.38 $ 293.34 19f Special Event Service Single-material and Singlestream Recyclables Service 2 Cubic Yard Bin
(standalone or half
of 4-yard split bin)
Per container $ 156.34 $ 27.59 $ 183.93 $ 87.34 $ 9.70 $ 1.99 $ 282.96 $ 10.38 $ 293.34 19g Special Event Service Single-material and Singlestream Recyclables Service 3 Cubic Yard Bin
(standalone or half
of 6-yard split bin)
Per container $ 159.54 $ 28.15 $ 187.69 $ 89.13 $ 9.90 $ 2.03 $ 288.75 $ 10.59 $ 299.35 19h Special Event Service Single-material and Singlestream Recyclables Service 4 Cubic Yard Bin Per container $ 162.73 $ 28.72 $ 191.45 $ 90.91 $ 10.10 $ 2.07 $ 294.54 $ 10.80 $ 305.34 19i Special Event Service Single-material and Singlestream Recyclables Service 6 Cubic Yard Bin Per container $ 169.13 $ 29.85 $ 198.97 $ 94.48 $ 10.50 $ 2.16 $ 306.11 $ 11.23 $ 317.34 19j Special Event Service Single-material and Singlestream Recyclables Service 10-yard Roll-off Per container $ 384.41 $ 67.84 $ 452.25 $ 214.76 $ 23.86 $ 4.90 $ 695.77 $ 25.52 $ 721.29 19k Special Event Service Single-material and Singlestream Recyclables Service 20-yard Roll-off Per container $ 384.41 $ 67.84 $ 452.25 $ 214.76 $ 23.86 $ 4.90 $ 695.77 $ 25.52 $ 721.29 19l Special Event Service Single-material and Singlestream Recyclables Service 25-yard Roll-off Per container $ 384.41 $ 67.84 $ 452.25 $ 214.76 $ 23.86 $ 4.90 $ 695.77 $ 25.52 $ 721.29 19m Special Event Service Single-material and Singlestream Recyclables Service 30-yard Roll-off Per container $ 384.41 $ 67.84 $ 452.25 $ 214.76 $ 23.86 $ 4.90 $ 695.77 $ 25.52 $ 721.29 19n Special Event Service Single-material and Singlestream Recyclables Service 40-yard Roll-off Per container $ 384.41 $ 67.84 $ 452.25 $ 214.76 $ 23.86 $ 4.90 $ 695.77 $ 25.52 $ 721.29 19o Special Event Service Single-material and Singlestream Recyclables Service 20-yard Compactor Per container $ 422.28 $ 74.52 $ 496.81 $ 235.92 $ 26.21 $ 5.38 $ 764.32 $ 28.04 $ 792.35 19p Special Event Service Single-material and Singlestream Recyclables Service 25-yard Compactor Per container $ 422.28 $ 74.52 $ 496.81 $ 235.92 $ 26.21 $ 5.38 $ 764.32 $ 28.04 $ 792.35 19q Special Event Service Single-material and Singlestream Recyclables Service 30-yard Compactor Per container $ 422.28 $ 74.52 $ 496.81 $ 235.92 $ 26.21 $ 5.38 $ 764.32 $ 28.04 $ 792.35 19r Special Event Service Single-material and Singlestream Recyclables Service 40-yard Compactor Per container $ 422.28 $ 74.52 $ 496.81 $ 235.92 $ 26.21 $ 5.38 $ 764.32 $ 28.04 $ 792.35
20. Special Event Service - Source-separated Food Scraps Processing Component
Labor Fuel Collection Composting
20a Special Event Service Source-separated Food
Scraps 35-gallon Cart Per container $ 37.73 $ 6.66 $ 44.38 $ 21.08 $ 2.34 $ 0.48 $ 68.28 $ 2.50 $ 70.79 20b Special Event Service Source-separated Food
Scraps 65-gallon Cart Per container $ 40.87 $ 7.21 $ 48.08 $ 22.83 $ 2.54 $ 0.52 $ 73.97 $ 2.71 $ 76.69 20c Special Event Service Source-separated Food
Scraps
1 Cubic Yard Bin
(standalone) Per container $ 62.88 $ 11.10 $ 73.97 $ 35.13 $ 3.90 $ 0.80 $ 113.81 $ 4.17 $ 117.98 20d Special Event Service Source-separated Food
Scraps
1.5 Cubic Yard Bin
(standalone) Per container $ 78.60 $ 13.87 $ 92.47 $ 43.91 $ 4.88 $ 1.00 $ 142.26 $ 5.22 $ 147.47 20e Special Event Service Source-separated Food
Scraps
2 Cubic Yard Bin
(standalone) Per container $ 94.32 $ 16.64 $ 110.96 $ 52.69 $ 5.85 $ 1.20 $ 170.71 $ 6.26 $ 176.97
21. Emergency Service
Labor Fuel Collection
21a Emergency Service MSW Hauled to Directly to
the Landfill
3 Cubic Yard Bin
(standalone) Per container $ 98.09 $ 17.31 $ 115.40 $ 1.25 $ 177.54 $ 6.51 $ 184.05 21b Emergency Service MSW Hauled to Directly to
the Landfill 4 Cubic Yard Bin Per container $ 104.59 $ 18.46 $ 123.05 $ 1.33 $ 189.31 $ 6.94 $ 196.25 21c Emergency Service MSW Hauled to Directly to
the Landfill 6 Cubic Yard Bin Per container $ 117.59 $ 20.75 $ 138.34 $ 1.50 $ 212.84 $ 7.81 $ 220.64 21d Emergency Service MSW Hauled to Directly to
the Landfill 10-yard Roll-off Per container $ 599.73 $ 105.84 $ 705.57 $ 7.64 $ 1,085.49 $ 39.82 $ 1,125.31 21e Emergency Service MSW Hauled to Directly to
the Landfill 20-yard Roll-off Per container $ 599.73 $ 105.84 $ 705.57 $ 7.64 $ 1,085.49 $ 39.82 $ 1,125.31 21f Emergency Service MSW Hauled to Directly to
the Landfill 25-yard Roll-off Per container $ 651.73 $ 115.01 $ 766.74 $ 8.31 $ 1,179.59 $ 43.27 $ 1,222.86 # Sector/Stream Description Size
Frequency of
Collection
Collection Component (85% Labor and 15% Fuel) Disposal
Component
Non-escalating
Capital Component Total Base Rate Regulatory Compliance Cost Component Total Lake Forest Rate # Sector/Stream Description Size
Frequency of
Collection
Collection Component (85% Labor and 15% Fuel)
$ 60.89
Disposal Component Non-escalating
Capital Component Total Base Rate Regulatory Compliance Cost Component Total Lake Forest Rate $ 64.92
$ 72.99
$ 372.28
$ 372.28
$ 404.55
Attachment D-3 - Proposed Maximum Rates to be Charged
21g Emergency Service MSW Hauled to Directly to
the Landfill 30-yard Roll-off Per container $ 651.73 $ 115.01 $ 766.74 $ 8.31 $ 1,179.59 $ 43.27 $ 1,222.86 21h Emergency Service MSW Hauled to Directly to
the Landfill 40-yard Roll-off Per container $ 651.73 $ 115.01 $ 766.74 $ 404.55 $ 8.31 $ 1,179.59 $ 43.27 $ 1,222.86 $ 404.55
Attachment D-3 - Proposed Maximum Rates to be Charged
Rates must be submitted in 2025 dollars.
This form will become part of Attachment D to the final Agreement.
22. Residential Estate Service - Co-collected Food Scraps and Yard Trimmings Bin Service Processing Component
Labor Fuel Collection Composting
22a
Residential Estate Service -
Co-collected Food Scraps
and Yard Trimmings
Residential Estate Bin
Service 1 cubic yard bin 1 pick-up per week $ 42.48 $ 7.50 $ 49.98 $ 21.19 $ 2.35 $ 0.54 $ 74.07 $ 2.82 $ 76.89 22b
Residential Estate Service -
Co-collected Food Scraps
and Yard Trimmings
Residential Estate Bin
Service 1.5 cubic yard bin 1 pick-up per week $ 47.03 $ 8.30 $ 55.33 $ 23.46 $ 2.61 $ 0.60 $ 82.00 $ 4.75 $ 86.75 22c
Residential Estate Service -
Co-collected Food Scraps
and Yard Trimmings
Residential Estate Bin
Service 2 cubic yard bin 1 pick-up per week $ 65.72 $ 11.60 $ 77.32 $ 32.79 $ 3.64 $ 0.84 $ 114.59 $ 4.36 $ 118.95
23. Residential Estate Service - Single-stream Recycling Bin Service Processing Component
Labor Fuel Collection Clean MRF
23a Residential Estate Service -
Single-stream Recyclables
Residential Estate Bin
Service 1 cubic yard bin 1 pick-up per week $ 84.31 $ 14.88 $ 99.19 $ 42.06 $ 4.67 $ 1.07 $ 147.00 $ 5.60 $ 152.60 23b Residential Estate Service -
Single-stream Recyclables
Residential Estate Bin
Service 1.5 cubic yard bin 1 pick-up per week
$ 85.67 $ 15.12
$ 100.79
$ 42.74 $ 4.75 $ 1.09
$ 149.37 $ 10.11 $ 159.48
23c Residential Estate Service -
Single-stream Recyclables
Residential Estate Bin
Service 2 cubic yard bin 1 pick-up per week $ 87.03 $ 15.36 $ 102.39 $ 43.42 $ 4.82 $ 1.11 $ 151.74 $ 15.17 $ 166.91 23d Residential Estate Service -
Single-stream Recyclables
Residential Estate Bin
Service 3 cubic yard bin 1 pick-up per week $ 89.75 $ 15.84 $ 105.59 $ 44.78 $ 4.98 $ 1.14 $ 156.49 $ 20.22 $ 176.71 23e Residential Estate Service -
Single-stream Recyclables
Residential Estate Bin
Service 4 cubic yard bin 1 pick-up per week
$ 92.47 $ 16.32
$ 108.79
$ 46.13 $ 5.13 $ 1.18
$ 161.23 $ 23.33 $ 184.56
24. Residential Estate Service - MSW Bin Service
Non-escalating
Capital Component
Labor Fuel Collection
24a Residential Estate Service -
MSW
Residential Estate Bin
Service 1 cubic yard bin 1 pick-up per week $ 93.40 $ 16.48 $ 109.89 $ 1.19 $ 162.86 $ 6.20 $ 169.06 24b Residential Estate Service -
MSW
Residential Estate Bin
Service 1.5 cubic yard bin 1 pick-up per week $ 99.32 $ 17.53 $ 116.84 $ 1.27 $ 173.16 $ 6.59 $ 179.76 24c Residential Estate Service -
MSW
Residential Estate Bin
Service 2 cubic yard bin 1 pick-up per week $ 105.22 $ 18.57 $ 123.79 $ 1.34 $ 183.46 $ 6.99 $ 190.45 24d Residential Estate Service -
MSW
Residential Estate Bin
Service 3 cubic yard bin 1 pick-up per week $ 117.04 $ 20.65 $ 137.69 $ 1.49 $ 205.54 $ 7.77 $ 213.31 24e Residential Estate Service -
MSW
Residential Estate Bin
Service 4 cubic yard bin 1 pick-up per week $ 128.86 $ 22.74 $ 151.60 $ 1.64 $ 224.67 $ 8.56 $ 233.23 Summary of Table 3-stream Estate Bundles*
Estate Bundle
with Backyard
Service for
Carts
$ 194.74
$ 205.44
$ 216.13
$ 238.99
$ 258.91
$ 205.32
$ 212.20
$ 219.63
$ 229.43
$ 237.28
$ 123.73
$ 133.59
$ 165.79
Estate Service Bundle Option 5 - 4-CY MSW bin with recycling and organics cart service $ 264.75 Estate Service Bundle Option 4 - 3-CY MSW bin with recycling and organics cart service $ 221.97
$ 229.37
$ 244.83
$ 71.43
Sector/Stream Description Size
Frequency of
Collection
Collection Component (85% Labor and 15%
Fuel)
$ 51.78
$ 55.06
$ 58.33
$ 66.35
Estate Bundle with
Proposer's 'Optimized
3-container Suggested
Method' Service for
Carts
# Sector/Stream
Estate Service Bundle Option 2 - 1.5-CY MSW bin with recycling and organics cart service Estate Service Bundle Option 3 - 2-CY MSW bin with recycling and organics cart service $ 211.28
$ 200.58
Estate Service Bundle Option 10 - 4-CY RCY bin with MSW and organics cart service $ 237.22 Estate Service Bundle Option 6 - 1-CY RCY bin with MSW and organics cart service Estate Service Bundle Option 7 - 1.5-CY RCY bin with MSW and organics cart service Estate Service Bundle Option 8 - 2-CY RCY bin with MSW and organics cart service Estate Service Bundle Option 9 - 3-CY RCY bin with MSW and organics cart service $ 205.26
$ 212.14
$ 219.57
Total Rate Frequency of
Collection
Collection Component (85% Labor and 15%
Fuel) Disposal Component Regulatory Compliance
Cost Component
Total Base Rate Non-escalating
Capital Component
Attachment D-3 - Rates to be Charged Beginning October 1, 2025 Fill in the rates proposed as the maximum rates to customers below for each level of service. Rates must be broken down to show the collection cost, processing cost, disposal cost and capital costs (the capital component will not be escalated). The procedure for adjusting costs throughout the term of the contract appears in Article 14 of the Agreement. A sample calculation is shown in Attachment J. The disposal and processing portions will only be adjusted as that cost actually changes. Disposal and processing costs are pass through costs and cannot include any mark up, overhead or administrative costs. The density values used in calculating the disposal and processing costs will be reconciled each year per the protocols in Attachment J. The City recognizes the rates in Attachment D-1 (the incumbent hauler's current rates) may not fully cover the cost of Proposer providing services between June 1 and September 30, 2025. The proposer may include and spread costs that will not be covered by the incumbent hauler's current rates in the Proposer's proposed rates (Attachment D) that are planned to become effective October 1, 2025. # Sector/Stream Description Size
Indicate the selected Residential Estate co-collected food scraps and yard trimmings processing technology using the drop down:
Composting
Total Rate
#
Disposal Component Non-escalating
Capital Component Total Base Rate Regulatory Compliance Cost Component
<-- the selected processing methodology will be shown in the Processing Component cell for the corresponding rate item in Section 22 below.
Proposers shall provide further details re: their proposed processing facility for this service line in the corresponding proposal form.
The estate rates below do not include the push out service to get the container from the residents' back or side-yard out to the curb for collection. The push-out (Scout service) rate is included as rate 25i on tab '25. Other Services' and will be charged in addition to the rates included below.
$ 165.81
*Estate customers who wish to have more than 1 day per week bin service will be charged the bin rate multiplied by the number of collection days.
Estate Service Bundle Option 13 - 2-CY ORG bin with MSW and recycling cart service Estate Service Bundle Option 11 - 1-CY ORG bin with MSW and recycling cart service Estate Service Bundle Option 12 - 1.5-CY ORG bin with MSW and recycling cart service $ 123.75
$ 133.61
Description Size
Frequency of
Collection
Disposal Component
Collection Component (85% Labor and 15%
Fuel)
Estate Service Bundle Option 1 - 1-CY MSW bin with recycling and organics cart service Total Base Rate Regulatory Compliance
Cost Component
Total Rate
Attachment D-3 - Proposed Maximum Rates to be Charged
Rates must be submitted in 2025 dollars.
This form will become part of Attachment D to the final Agreement.
25. Other Services Other Services
25a. Residential Bulky Goods Collection Service (For additional Collections of Bulky Goods from Residential Premises in Excess of Two (2) per year) $45.93 per pick-up 25b. Commercial Bulky Goods Collection Service $45.93 per pick-up 25c. Repair and Maintenance of Compactor $77.63 per hour 25d. Bin Cleaning Service $60.03 per Bin
25e. Cart Cleaning per Section 1.4.2.3 of Attachment B, Scope of Work $25.88 per Cart 25f. Bin Replacement/Exchange $258.75 per Bin
25g. Commercial Bin Wheel-Out Service (25' - 50') - these push out rates apply only to commercial customers, not Estate customers $46.58 per bin per month 25h. Commercial Bin Wheel-Out Service (51' - 75') - these push out rates apply only to commercial customers, not Estate customers $67.28 per bin per month 25i. Estate bin push out service (i.e. staging Estate bin at the curb for service) $35.00 per bin per month per service day 25j. Extra Pick-up - Residential Cart $31.05 per cart
25k. Extra Pick-up - Commercial/Multi-family Cart $43.12 per cart 25l. Extra Pick-up - Commercial/Multi-family Bin $115.92 per bin 25m. Roll-off or Compactor Service - False or Dry Run $310.50 per instance 25n. Power wash/steam cleaning of enclosure $258.75 per instance 25o. Commercial/Multi-family Sunday Collection Service Premium (added to existing rate per container per month) $160.43 per container per month 25p. Roll-off/compactor overage charges - Landfill (if max weight is included in rate and load exceeds max weight - include a per ton cost) $121.10 per ton 25q. Roll-off/compactor overage charges - Mixed C&D (if max weight is included in rate and load exceeds max weight - include a per ton cost) $121.10 per ton 25r. Clean-up Bin Trip Charge $155.25 per instance
25s. Clean Up Bin Overweight Charge $121.10 per ton
25t. Roll-off Relocation Charge $170.78 per instance
25u. Overweight Roll-off Extra Charge if Special Vehicle is Needed to Haul Container in Excess of 10 Tons Loaded Weight (in addition to standard roll-off rate) $310.50 per instance 25v. Daily Rental Over 7 Days for Temporary 2,3,4, and 6-yard bins $12.41 per day 25w. Daily Rental Over 7 Days for Temporary 10,20,30 and 40-yard bins $31.04 per day 25x. Compactor cleaning charge $258.75 per instance
25y. Commercial Resumption of Service Charge (only after discontinuation for non-payment, includes redelivery of containers if removed from premises) $62.10 per instance 25z. Residential Resumption of Service Charge (only after discontinuation for non-payment, includes redelivery of containers if removed from premises) $62.10 per instance 25aa. Commercial Stinger service / Scout Service - per Container per occurrence - these rates apply only to commercial customers, not Estate customers $10.76 per Container per occurrence 25bb. Locking Bin Installation $31.05 per instance
25cc. Emergency Collection, hourly rate for (1) crew and (1) vehicle $181.13 per hour 25dd. Bin Locking Lids Fee $11.39 per month
25ee. Locked Enclosure Gate Fee $11.39 per month
25ff. Cart exchange in excess of 1 free annual exchange per Attachment B (Section 1.4.2.3). Can be exchanged for same or different cart size. $38.52 per exchange 25gg. Damaged Residential Cart Replacement in excess of 2 times per year at no charge per Attachment B, Section 1.4.2.3 The Following Services will be provided to a Customer at no additional charge. 25hh. Non-damaged residential cart exchange for same or different size Cart up to 1 time per year at no charge per Attachment B, Section 1.4.2.3. $0.00 per household 25ii. Damaged Residential Cart Replacement up to 2 times per year at no charge per Attachment B, Section 1.4.2.3 $0.00 per replacement Fill in the rates proposed as the maximum rates to customers for each level of service. These rates will be adjusted using the methodology in Attachment J, Section 1.B titled 'Adjustment for Processing Component of Annual Rate Based on PPI'. The City recognizes the rates in Attachment D-1 (the incumbent hauler's current rates) may not fully cover the cost of Proposer providing services between June 1 and September 30, 2025. The proposer may include and spread costs that will not be covered by the incumbent hauler's current rates in the Proposer's proposed rates (Attachment D) that are planned to become effective October 1, 2025.
Attachment D-3
Rates To Be Charged Beginning October 1, 2025
ATTACHMENT E-1
Specifications for Wheeled Carts to be Supplied by Contractor Attachment E-1 Page 1 of 6
Cart Design Requirements - The Carts shall be manufactured by injection or rotational molding and meet the Cart design requirements as specified below
1.1. Cart Manufacturer - Carts shall have single-piece product design with no seams and consistent wall thickness. Contractor shall endeavor to provide Carts from the same manufacturer for MSW, Recyclable Materials, Source-Separated Food Scraps, Source-Separated Yard Trimmings and Co-collected Food Scraps/Yard Trimmings throughout the Term, in order to create a uniform appearance of Cart aesthetics, shape and colors throughout the City. If, after making reasonable and timely efforts to obtain replacement Carts from the manufacturer used during the initial cart roll-out during the Term, Contractor may request City approval to provide replacement Carts from another manufacturer. City shall determine, in its sole discretion, whether the quality, features, sizes, Cart and lid colors and other characteristics of such Carts are equal to those of the Carts initially distributed and whether the proposed Carts meet the specifications in this Attachment E-1.
1.2. Capacity – Contractor shall provide Carts in three sizes for Residential, Estate, Commercial, Multi-Family and Institutional MSW, Recyclable Materials, SourceSeparated Food Scraps, Source Separated Yard Trimmings, and Co-collected Food Scraps/Yard Trimmings Collection. Acknowledging the different sizes provided by the various Cart manufacturers, the Carts shall be uniform in appearance and must conform to the following ranges in size:
• 30 to 35-gallons,
• 60 to 70-gallons, and
• 90 to 95-gallons (if needed)
1.3. Cart Handles – The Cart handles and handle mounts may be an integrally molded part of the Cart body or molded as part of the lid. Bolt-on handles are acceptable for all Carts except for those that will accept Food Scraps. The Cart handles will provide comfortable gripping area for pulling or pushing the Cart or lifting the lid. Pinch points are unacceptable.
1.4. Cart Lid – Each Cart shall be provided with a lid that continuously overlaps and comes in contact with the Cart body or otherwise causes an interface with the Cart body that simultaneously:
• Prevents the intrusion of rainwater, rodents, birds, and flies; • Prevents the emission of odors;
• Enables the free and complete flow of MSW, Recyclable Materials and Food Scraps/Yard Trimmings from the container during the dump cycle without interference with the material already deposited in the truck body or the truck body itself and its lifting mechanism;
• The lid handle shall be an integrally molded part of the lid; • Permits users of the Cart to conveniently and easily open and shut the lid throughout the serviceable life of the Cart;
ATTACHMENT E-1
Specifications for Wheeled Carts to be Supplied by Contractor Attachment E-1 Page 2 of 6
• The lid (and body) must be of such design and weight that would prevent an empty Cart from tilting backward when flipping the lid open; • The lid shall be hinged to the Cart body in such a manner so as to enable the lid to be fully opened, free of tension, to a position whereby it may rest against the backside of the Cart body; and
• The lid shall be designed to be easily removed in the event of damage or failure. The hinge assembly shall not be capable of being readily removed by the public by hand or with ordinary tools.
1.5. Foot-Hold – Each Cart shall have a foot-hold area on the back of the Cart to allow for foot placement so as to assist in tilting back the Cart prior to rolling it. If Food Scraps are being placed in the Cart, the foot hold holes shall be sealed so that Food Scrap liquids do not leak through the holes.
1.6. Stop bar – Each Food Scraps/Yard Trimmings Cart shall have a molded, sealed stop bar that prevents leakage.
1.7. Cart Colors – All carts shall be a uniform color, including the Cart body and Cart lid.
The MSW, Recyclable Materials, Food Scraps/Yard Trimmings Carts will be differentiated by color. The colors shall be colorfast and resistant to fading as a result of weathering or ultraviolet degradation. Carts and lids shall be of the same matching color. The colors shall be as follows:
The color-coding scheme shall be as follows:
• For all Residential Carts (Single Family and Estate Customers) black for MSW Carts, green for Yard Trimmings/Food Scraps Carts, and blue for Recyclable Materials Carts. • For all Multi-Family Carts black for MSW Carts, green for Yard Trimmings/Food Scraps Carts, and blue for Recyclable Materials Carts.
• For all Commercial Carts the color-coding scheme shall be the same as for Residential and Multi-Family Carts.
1.8. Wheel Design and Axle Assembly – Each Cart shall be equipped with an axle and two wheels, positioned on the bottom of the Cart to facilitate it being pushed or pulled with little effort with load weights up to its maximum load capacity as set forth in Section 2.2 of this Attachment E. If Food Scraps are being placed in the Cart, the axle holes shall be sealed so that Food Scrap liquids do not leak through the holes.
1.9. Identification Markings – For all new Carts distributed during the Term of the Agreement, the following markings shall be permanently marked on the exterior lid of each container in character size of no less than one (1) inch, the phrases:
ATTACHMENT E-1
Specifications for Wheeled Carts to be Supplied by Contractor Attachment E-1 Page 3 of 6
In character size in the range of 1/4 to 3/4 inch, the following phrases:
DO NOT PLACE FLAMMABLE PRODUCTS
OR HOT ASHES IN THIS CONTAINER
DO NOT DISPOSE OR HAZARDOUS MATERIALS
IN THIS CONTAINER
NO PONGA PRODUCTOS INFLAMABLES O CENIZAS EN ESTE NO PONGA
MATERIALS PELIGROSOS EN ESTE RECIPIENTE
In character size in the range of 1/4 to 3/4 inch, the following item:
IDENTIFICATION CODE
The following markings shall be on the backside of the Cart.
In character size of no less than 1/4 inch, the phrase:
DO NOT TILT OR ROLL CONTAINER WITH LID OPEN
NO RUEDE EL RECIPIENTE CON LA TAPA ABIERTA
An arrow (at least 3 inches by 5 inches) shall be placed on the lid, indicating the direction of Cart placement.
In character size of no less than 3/16 inch, the phrase:
PLACE CONTAINER WITH ARROW FACING STREET FOR COLLECTION
COLOQUE EL RECIPIENTE CON LAS FLECHAS HACIA LA CALLE
1.10. Sticker Attachment Area - Cart lids shall have a molded depression no less than 5 inches tall and 11 inches wide where the Contractor shall attach a color, weatherproof adhesive label indicating the materials accepted in each of the Carts. Decals shall comply with the specifications set forth in Attachment B, Section 1.
1.11. Additional Parts – All parts necessary for the Cart to be complete and ready for operation and use by the residents of the City shall be furnished by the Contractor.
1.12. Replacement Parts – All replacement and repair parts and components shall be of the same or better quality as the original parts provided to the City and must meet the same requirements as set forth in Section 2 of this Attachment E – Cart Performance Requirements.
ATTACHMENT E-1
Specifications for Wheeled Carts to be Supplied by Contractor Attachment E-1 Page 4 of 6
1.13. Cart Identification System – All Carts shall have a unique serial number, and/or barcode, and/or RFID device for tracking inventory and linking inventory back to accounts.
ATTACHMENT E-1
Specifications for Wheeled Carts to be Supplied by Contractor Attachment E-1 Page 5 of 6
2. Cart Performance Requirements – All Carts shall be designed and manufactured to meet the minimum performance requirements described below.
2.1 Minimum Service Life – Carts shall have the capability for continual, uninterrupted use as MSW, Recyclable Materials, Source-Separated Food Scraps, Source-Separated Yard Trimmings and Co-collected Food Scrap/Yard Trimmings Carts in Residential, Estate, Commercial, Multi-Family and Institutional applications as set forth in the Agreement for a minimum period of ten (10) years, herein referred to as the “Minimum Service Life.” The Minimum Service Life shall be measured from the date of delivery or distribution.
2.2 Cart Load Capacity – Depending on the capacity, the Carts shall have a minimum load capacity as noted below without Cart distortion, damage, or reduction in maneuverability or any other functions as required herein.
Cart Size (Gallons) Minimum Load
Capacity (LBS)
90-95 200
60-70 130
30-35 70
2.3 Cart Durability – Carts shall remain durable, and at a minimum, shall meet the follow durability requirements to satisfy its intended use and performance, for a period of ten (10) years:
• Maintain its original shape and appearance;
• Be resistant to kicks and blows;
• Require no routine maintenance and essentially be maintenance free; • Not warp, crack, rust, discolor, or otherwise deteriorate over time in a manner that will interfere with its intended use;
• Resist degradation from ultraviolet radiation;
• Be incapable of penetration by biting or clawing of household pets (i.e., dogs and cats);
• The bottoms of Cart bodies must remain impervious to any damage, that would interfere with the Cart’s intended use after repeated contact with gravel, concrete, asphalt or any other rough and abrasive surface; • All wheel and axle assemblies are to provide continuous maneuverability and mobility as originally designed and intended; and,
• Resist degradation by other airborne gases or particulate matter currently present in the ambient air of the City.
ATTACHMENT E-1
Specifications for Wheeled Carts to be Supplied by Contractor Attachment E-1 Page 6 of 6
2.4 Chemical Resistant – Carts shall resist damage from common household or residential products and chemicals. Carts, also, shall resist damage from human and animal urine and feces.
2.5 Stability and Maneuverability – The Carts shall be stable and self-balancing in the upright position, when either empty or loaded to its maximum design capacity with an evenly distributed load, and with the lid in either a closed or open position.
All Carts shall be capable of maintaining the upright position in sustained or gusting winds of up to 25 miles per hour as applied from any direction.
The Carts shall be capable of being easily moved and maneuvered, with an evenly distributed load equal in weight to its maximum design capacity on a level, sloped or stepped surface.
2.6 Lid Performance – Cart lid assemblies shall meet the following minimum requirements:
• Prevent damage to the Cart body, the lid itself, and to any component parts through repeated opening and closing of the lid by Residents or in the dumping process as intended;
• Remain closed in winds up to 25 miles per hour from any direction. All lid hinges must remain fully functional and continually hold the lid in the original designed and intended positions when either opened or closed; and, • Lids shall be designed and constructed such that it prevents physical injury to the user while opening and closing the Cart.
2.7 Reparability – Minor cracks, holes, and other damages to hinges, wheels, axle, hardware, and other component parts shall be readily repairable by the Contractor’s personnel with minimum training and supervision. All repairs shall be capable of being performed by one person in the field. All repairs must restore the container to its full functionality to meet the design and performance requirements as set for herein.
3. Cart Ownership and Maintenance Responsibilities – The Contractor shall be responsible for Cart repair and maintenance, graffiti removal, and replacing lost, stolen or damaged Carts at no additional charge to the Customer or to the City. Contractor shall own the Carts during the Term. The City reserves the right to have the Contractor remove the carts at the end of the Term at no charge to the City.
The number and types of Containers to be furnished by Contractor for each type of Customer are described in Attachment E-2.
ATTACHMENT J
Annual Adjustment of Rates
Attachment J Page 1 of 10
The original “Collection”, “Processing”, “Disposal”, and “Non-escalating Capital” components of the rates that Contractor shall charge to Customers are identified in Attachment D and each component shall be adjusted according to the following procedures. No Adjustments will be made to any rate component that was identified as “0” or as a negative value in Attachment D as of the Effective Date of the Agreement. The City may make adjustments to the Regulatory Compliance Cost component and any other City fees described in Article 14 of the Agreement based on changes in actual costs. The methodology used to adjust these City costs is described in Attachment W.
The following rounding protocol shall be used in the calculations described herein: For the calculation of the percentage change in all indexes described in this Attachment J, the calculations shall be rounded to one decimal place. (Example: 2.3% or 0.2%). For calculation of all rates and rate components described in this Attachment J, the calculations shall be rounded to two decimal places. (Example: $2.39). The numbers 1,2,3, and 4 in all calculations shall be rounded down. (Example: If the result of the calculation were 7.344, the final figure would be 7.3.) The numbers 5, 6, 7, 8 and 9 in all calculations shall be rounded up. (Example: If the result of the calculation were $3.468, the final figure would be $3.47).
In the event that the standard reference base period for any index used herein is revised, the calculations will be performed using the officially released data published by the Bureau of Labor Statistics.
If an index used herein is discontinued, the successor index with which it is replaced, shall be used for subsequent calculations. If no successor index is identified by the Bureau of Labor Statistics, the government index which is most comparable shall be used. The decision of the City as to which such replacement index shall be used, shall be final.
1. RATE ADJUSTMENT FOR CHANGE IN DENSITY OF COLLECTED
MATERIALS
The Contractor included specific weights, in lbs. per household per month and lbs. per cubic yard for residential MSW, Recycling, and Co-collected Food Scraps and Yard Trimmings and Commercial/Estate MSW, Recyclables, and Food Scraps, and Cocollected Food Scraps and Yard Trimmings in the ‘Assumptions’ tab of Attachment D (Rates) that were used to determine the disposal and processing costs for the rates.
The change in density of the rates is adjusted annually using the following methodology: Note: In order to have valid numbers, the first density adjustment will
ATTACHMENT J
Annual Adjustment of Rates
Attachment J Page 2 of 10
only be calculated after at least 6-months of data is available for the SB 1383- compliant program. For example, for the July 1, 2026 rate adjustment, the densities may not be adjusted unless there is 6-months of data available from an SB 1383- compliant 2-or 3-stream collection system. For this data to be available for inclusion in the July 1, 2026 rate adjustment, the SB 1383 compliant residential program will need to be in place beginning Oct. 1, 2025 for 6-months of density data to be available in time for the rate adjustment to be presented to the City. This timing allows the City the time to review the request and validate the calculations.
1.A. Residential density adjustment process
1. Calculate the residential lbs. per household per year per collection stream for the previous calendar year using residential tonnage data collected in Attachment K divided by the number of households with backyard service (exclude Estate Customers with bins). For example, for the July 1, 2027 rate adjustment, use residential tonnage data collected between January 1 – December 31, 2026 (if a SB 1383-compliant 2- or 3-stream program was in place for this entire period).
2. Calculate the percent change in the lbs. per household based upon the change between the most recent lbs. per household per month per stream on which rates are based, and the new calculated lbs. per household per month for each stream.
3. Apply the percent change in lbs. per household to the current rate’s disposal or processing component to calculate the density-adjusted processing or disposal component of the rate.
4. Apply the processing/disposal cost calculations described in Section 3 of this Attachment J to the density-adjusted processing and disposal component of the rate.
ATTACHMENT J
Annual Adjustment of Rates
Attachment J Page 3 of 10
Sample Rate Adjustment Calculation for Change in Residential MSW Density
(All numbers are examples only and are used here for illustration purposes).
Example Assumptions:
Total tons of Residential MSW Collected during previous calendar year 6,000 Average monthly value of MSW Collection during previous calendar year 500 Number of households serviced with backyard MSW service 4000 Calculated Lbs. of MSW per household per month from previous calendar year 250 Lbs. of MSW per household per month included in the current rate 225 Current rate for Residential MSW Disposal Component $2.00 Step One. Calculate lbs. per household of residential MSW for previous calendar year
((6000 tons of residential MSW per year for previous calendar year) x (2000 lbs. per ton)) / ((4000 households) x (12 months per year)) = 250 lbs. per household per month of MSW for previous calendar year Step Two. Calculate percent change in lbs. per household per month of MSW between value used in current rates vs. the value calculated during the previous calendar year.
Lbs. per HH per month of MSW value used in current rates: 225 lbs./month Lbs. per HH per month of MSW value from previous calendar year: 250 lbs./month ((225-250) / 250) x 100 = -10%
Step Three. Apply annual percentage change of lbs. per household to disposal component included in current rates.
Current disposal component included in current residential MSW rate: $2.00 Adjusted Disposal Component Based on Changes in Lbs. of MSW per HH per month: $1.80 ($2.00) x (1+(-.1)) = $1.80
Step Three. The disposal component for residential MSW that was adjusted based on density ($1.80 in the example above) will be further adjusted based to reflect any changes in disposal costs as described in Section 2B.
Step Four: Complete the same calculation to determine the change in lbs. per household per month for residential recycling and residential cocollected food scraps and yard trimmings or co-collected MSW and recyclables (if applicable).
ATTACHMENT J
Annual Adjustment of Rates
Attachment J Page 4 of 10
1.B. Commercial and estate density adjustment process
1. Calculate the commercial density in lbs./cubic yard per collection stream for the previous calendar year using commercial tonnage data collected in Attachment K divided by the total number of monthly cubic yards collected. For example, for the July 1, 2027 rate adjustment, use commercial tonnage data collected between January 1 – December 31, 2026.
2. Calculate the percent change in the density based upon the change between the most recent lbs. per cubic yard per month per stream on which the rates are based, and the new calculated lbs. per cubic yard per month for each stream.
Sample Rate Adjustment Calculation for Change in
Commercial/Estate/Multi-family Density
(All numbers are examples only and are used here for illustration purposes).
Example Assumptions:
Total tons of Commercial MSW Collected during previous calendar year 600 Average monthly value of Commercial MSW Collection during previous calendar year 50 Number of cubic yards of commercial MSW per month 1000
Calculated Lbs./CY of MSW from previous calendar year 100 Lbs./CY of MSW included in the current rate 90
Current rate for Commercial MSW Disposal Component $100.00 Step One. Calculate average monthly lbs./cubic yard density of commercial MSW for previous calendar year
((50 tons of commercial MSW per month for previous calendar year) x (2000 lbs. per ton)) / (1000 cubic yards of commercial MSW per month on service) = 100 lbs. per cubic yard of commercial MSW for previous calendar year
Step Two. Calculate percent change in lbs. per cubic yard of commercial MSW between value used in current rates vs the value calculated during the previous calendar year.
Lbs. per cubic yard of commercial MSW value used in current rates: 100 lbs./CY Lbs. per CY of commercial MSW value from previous calendar year: 90 lbs./CY
ATTACHMENT J
Annual Adjustment of Rates
Attachment J Page 5 of 10
((100-90) / 100) x 100 = 10%
Step Three. Apply annual percentage change of lbs. per cubic yard to disposal component included in current commercial rates.
Current disposal component included in current commercial MSW rate: $100.00 Adjusted Disposal Component Based on Changes in Lbs./CY of commercial MSW: $110.00 ($100) x (1+(0.1)) = $110.00
Step Three. The disposal component for commercial MSW that was adjusted based on density ($110.00 in the example above) will be further adjusted based on any changes in disposal costs as described in Section 2B.
Step Four: Complete the same calculation to determine the change in lbs. per cubic yard for Commercial/Estate Recyclable Materials, Food Scraps, and Co-collected Food Scraps and Yard Trimmings.
2. ANNUAL ADJUSTMENT METHOD AND
DISPOSAL/PROCESSING COST ADJUSTMENT METHOD
FOR RATES IN ATTACHMENT D
2.A. ADJUSTMENT FOR COLLECTION COMPONENT OF RATE BASED
ON PPI
Perform the following calculations based upon the most current adjusted Collection component of the rate. The initial adjustment shall be applied to the Collection component of the rate as identified in Attachment D beginning July 1, 2026.
Step One. Calculate the percentage change in the Producer Price Index for Natural Gas (Series ID WPU0531). The first adjustment to be made on July 1, 2026 shall be calculated by:
1) Calculate the value of the annual average change in the ‘Natural Gas’ PPI for the twelve-month period spanning January 2024 through December 2024. The annual average of these indices is calculated by taking the sum of all 12 monthly indices and then dividing that number by 12. 2) The 2025 annual average value shall then be calculated for the period January 2025 through December 2025. The annual average of these indices is calculated by taking the sum of all 12 monthly indices and then dividing that number by 12.
3) Next, the percentage change for the final Natural Gas PPI shall be determined by calculating the annual change between the 2024 to 2025
ATTACHMENT J
Annual Adjustment of Rates
Attachment J Page 6 of 10
values. The annual change shall be calculated by taking the difference between the 2024 and 2025 annual averages and dividing this by the 2024 annual average. For example, if the 2024 annual average was 100 and the 2025 annual average was 110, the change in these values would be 10% ((110-100)/100).
This same calculation shall be performed by comparing the average of the prior twelve-month period ending on December 31 for every year of the Term.
Step Two. Calculate the fuel costs by subtracting the portion of the Collection component of the rate attributed to fuel by multiplying the Collection component by 7%.
Step Three. Multiply the fuel cost (15% of Collection) by 1 plus the percentage change in the preliminary PPI for Natural Gas. If the PPI percentage change is negative, then 15% of Collection will be adjusted downward; and if the PPI percentage change is positive, then 15% of Collection shall be adjusted upward.
The percentage change shall not exceed 25% for a percentage increase, or -25% for a percentage decrease, per annum.
Step Four. Calculate the percentage change using the annual average value of the Producer Price Index for ‘Final Demand - Finished Goods Less Food and Energy’ (Bureau of Labor Statistics Series ID WPUFD4131). The first adjustment to be made on July 1, 2026 shall be calculated by:
1) Calculate the value of the annual average change in the ‘Final Demand - Finished Goods Less Food and Energy’ PPI for the twelve-month period spanning January 2024 through December 2024. The annual average of these indices is calculated by taking the sum of all 12 monthly indices and then dividing that number by 12.
2) The 2025 annual average value shall then be calculated for the period January 2025 through December 2025. The annual average of these indices is calculated by taking the sum of all 12 monthly indices and then dividing that number by 12.
3) Next, the percentage change for the final Finished Goods Less Food and Energy PPI shall be determined by calculating the annual change between the 2024 to 2025 values. The annual change shall be calculated by taking the difference between the 2024 and 2025 annual averages and dividing this by the 2024 annual average. For example, if the 2024 annual average was 100 and the 2025 annual average was 110, the change in these values would be 10% ((110-100)/100).
This same calculation shall be performed by comparing the average of the prior twelve-month period ending on December 31 for every year of the Term. The percentage change shall not exceed 5% per annum. In the event the calculated
ATTACHMENT J
Annual Adjustment of Rates
Attachment J Page 7 of 10
average percentage change in the PPI is negative, the rate adjustment shall be zero (0).
Step Five. Multiply the Collection component of the rate by 93% to calculate the Collection fee less fuel costs.
Step Six. Multiply the Collection fee, less fuel costs (85% of Collection) by 1 plus the percentage change in PPI for Finished Goods similar to the calculation shown in Step Four above.
Step Seven. Add the Collection component adjusted for fuel costs (15% of Collection as calculated in Step 3) to the Collection component less fuel costs (85% of Collection as calculated in Step 6) for the total adjusted Collection component of the rate.
Sample Rate Adjustment Calculation for Change in PPI
(All numbers are examples only and are used here for illustration purposes).
Example Assumptions:
Final Annual Average PPI for Finished Goods (old) 140.00 Final Annual Average PPI for Finished Goods (new) 144.00 Final Annual Average PPI for Natural Gas (old) 237.4
Final Annual Average PPI for Natural Gas (new) 270.7
Current Residential Recycling Cart Collection Rate $0.91 Current Commingled 3-yd bin Collection Rate $32.28
Step One. Calculate average annual percentage change in PPI for Natural Gas. 270.7 - 237.4 = (33.3/237.4) X 100 = 14.0%
Step Two. Calculate average annual percentage of Collection attributable to fuel costs (= 15%).
Residential Collection Rate: $.91 X .15 = $.14
3 yd. Bin Collection Rate: $32.28 X .15 = $4.84
Step Three. Apply annual percentage change of PPI for Natural Gas to fuel costs calculated in Step Two.
Residential Collection Rate: $.14 X 1.14 = $.16
3 yd. Bin Collection Rate: $4.84 X 1.14 = $5.52
Step Four. Calculate average annual percentage change in PPI for Finished Goods.
144 – 140 = (4/140) 100 = 2.9%
ATTACHMENT J
Annual Adjustment of Rates
Attachment J Page 8 of 10
Step Five. Calculate Collection less fuel costs (= 85%).
Residential Collection Rate: $.91 X .85 = $.77
3 yd. Bin Collection Rate: $32.28 X .85 = $27.44
Step Six. Apply annual percentage change of PPI for Finished Goods to Collection fee less fuel costs calculated in Step Five.
Residential Collection Rate: $.77 X 1.029 = $.79
3 yd. Bin Collection Rate: $27.44 X 1.029 = $28.24
Step Seven. Add the rates calculated in step three and step six to calculate the total adjusted Collection rate.
New Residential Collection Rate: $.16 + $.79 = $.95
New 3 yd. Bin Collection Rate: $5.52 + $28.24 = $33.76
2.B. ADJUSTMENT FOR CHANGE IN DISPOSAL CHARGE, RECYCLABLES
PROCESSING COST, FOOD SCRAPS PROCESSING COST, YARD
TRIMMINGS PROCESSING COST, CO-COLLECTED FOOD SCRAPS
AND YARD TRIMMINGS PROCESSING COSTS.
[APPLIES ONLY WHEN A DISPOSAL OR PROCESSING TIPPING FEE
ACTUALLY CHANGES (INCREASES OR DECREASES) AND CITY
DIRECTS THE CHANGE PURSUANT TO SECTIONS 14.05 AND 14.09 OF THE AGREEMENT]
Step One. Calculate the percentage change in the Disposal Charge per ton, Recyclables Processing Charge per ton, Food Scraps Processing Charge per ton, Yard Trimmings Processing charge per ton, and/or the Co-collected Yard Trimmings and Food Scraps Processing Charge per ton based upon the change between the most recent tipping fee on which rates are based, and the new tipping fee for MSW, Recyclables, Food Scraps, Co-collected Food Scraps and Yard Trimmings, and SB 1383-Compliant Co-Collected MSW and Recyclables (if applicable).
Step Two. Apply the resulting percentage change to the most current Disposal component, Recyclables Processing component, Food Scraps Processing component, Yard Trimmings Processing component, and/or the Co-collected Yard Trimmings and Food Scraps Processing component of the rate by multiplying the component by 1 plus the percentage change. The percent change in MSW tip fee shall also be applied to the residual rate component of Recyclables, Food Scraps, Co-collected Food Scraps and Yard Trimmings, and SB 1383-Compliant CoCollected MSW and Recyclables (if applicable). If the percentage change is negative, then the Disposal and/or Processing Charge will be adjusted downward;
ATTACHMENT J
Annual Adjustment of Rates
Attachment J Page 9 of 10
and if the percentage change is positive, then Disposal and/or Processing Charge shall be adjusted upward.
Sample Rate Adjustment Calculation for Change in Disposal Charge (All numbers are examples only and are used here for illustration purposes) Example Assumptions:
Disposal Tip Fee (old) $100/ton
Disposal Tip Fee (new) $105/ton
Component of Residential MSW Cart rate* $ 1.80
Component of 3 yd. MSW Bin rate* $110
*Contractor shall use disposal/processing component that has been adjusted to reflect actual density from the previous calendar year using the protocols set forth in Sections 1A/1B of this Attachment J.
Step One. Calculate percentage change in Tip Fee for Disposal or Processing costs.
$100 - $105 = (5/100) x 100 = 5.00%
Step Two. Apply percent change to Disposal Charge/Processing Cost component of existing rates.
Residential Disposal rate: $1.80 x 1.05 = $1.89
3 yard Bin Disposal rate: $110 x 1.05 = $115.50
2.C. NO ADJUSTMENT TO NON-ESCALATING CAPITAL COMPONENT
The capital component of the rate will not be adjusted at any point during the Term of the Agreement.
Sample Rate Adjustment Calculation for Non-escalating Capital Component (All numbers are examples only and are used here for illustration purposes) Example Assumptions:
Capital cost (old) $1.00
Capital cost (new) $1.00
No adjustment in capital cost component.
E. CALCULATE TOTAL RATE
ATTACHMENT J
Annual Adjustment of Rates
Attachment J Page 10 of 10
Step One. Add the adjusted Collection Component of the Rate (as adjusted in subpart 2A above), the adjusted Disposal and Processing Components of the Rate (as adjusted in subpart 2B above), and the non-adjusted capital component (as shown in subpart 2C above) to calculate the total rate for service. Note: the Disposal and Processing Components of the Rate will not be adjusted up or down if the tipping fee has not changed.
Example of adjusted rates (using figures in previous examples included in this Attachment J):
Collection Component
Disposal
Component*
Nonescalating
Capital
Fuel (15%) Component Total
Labor
(85%)
Residential Example $0.16 $0.79 $1.89 $1.00 $3.84
Commercial Example $5.52 $28.24 $115.50 $1.00 $150.26
*Percent change in disposal costs applies to density-adjusted disposal component.
ATTACHMENT K
Reports to be Submitted to City
Attachment K Page 1 of 8
The reports listed and described in this Attachment K shall be submitted to City by Contractor on the dates and schedules specified herein. The City has the right to request additional reports, to direct Contractor to modify report format and layout, and to require that Contractor use City report formats. All report formats shall be approved by City and shall be submitted electronically (i.e. via e-mail attachment). Paper copies shall be made available upon request by the City. The reporting year shall be the Calendar Year (i.e. January 1 through December 31).
City will work with Contractor during the transition and the first year of operations to tailor and refine reporting formats to the City’s desired level of detail.
For all monthly, quarterly, and annual reports, Contractor shall provide a certification statement, signed under penalty of perjury by the responsible corporate official, that the reports are true and correct.
Monthly Reports
Monthly reports shall include a Year-To-Date summary. Monthly reports shall be submitted within twenty-five (25) calendar days after the end of each month for information on preceding months. The information listed may be combined into one or several reports and shall be the minimum reported:
1. Diversion Program(s) tonnage and goal summary listed by program and DPS Code.
2. Calculation of the Diversion rate achieved year-to-date.
3. Tons Collected and Diverted by Sector: Tons Collected and the Tons Diverted in the City (using the characterization study-derived Diversion and Residue percentages - see Attachment N). Tons Collected and Diverted shall be grouped by class of Customer (e.g.
Commercial, Single Family Dwelling, Multi-Family, Roll Off and Compactor Service, etc.) and also by each type of Collection service for each class of Customer, as described below:
• Recyclable Materials Tons Collected and Diverted from Commercial, Multi-Family Roll-off, Single-Family Residential and Estate Customers • Source-Separated Food Scrap Tons collected from Commercial, Roll-off, MultiFamily, Estate and Single Family Residential Customers • Source-Separated Yard Trimmings Tons Collected and Diverted from Commercial, Multi-Family, Roll-off, Single-Family Residential and Estate Customers
• Co-collected Food Scraps/Yard Trimmings Tons Collected and Diverted from Commercial, Multi-Family, Roll-off, Estate and Single-Family Residential Customers
• MSW Tons Collected from Commercial, Multi-Family, Roll-off, Estate and SingleFamily Residential Customers
4. Tons Delivered to, and Diverted by, Processing Facilities: Report shall list the number of Tons that were delivered to, and Diverted by, each Compost Facility, Clean MRF, Construction and Demolition Debris Processing Facility and all other Processing Facilities used. Diversion rates shall be based upon the results of the characterization studies described in Attachment N.
ATTACHMENT K
Reports to be Submitted to City
Attachment K Page 2 of 8
5. All Materials Diverted by Contractor. Statement showing types of materials and quantities sold (in Tons).
6. Number of Tons of MSW Disposed during the month from both Contractor’s Collection routes and Tons of Residue Disposed from each Processing Facility used by Contractor to process Recyclable Materials, Source Separated Yard Trimmings, Source-Separated Food Scraps, Co-collected Food Scraps/Yard Trimmings, and Construction and Demolition Debris materials from City. The report shall include backup documentation showing how the Tons of Residue from each Facility were calculated and allocated to City. The report shall also include the name, telephone number and e-mail address of the contact person at each Processing Facility that the City can contact with questions about the allocations and/or reported Residue percentages and/or the number of Tons processed from City.
7. Narrative summary of problems encountered including scavenging, incidents of Contamination found during waste characterizations, including a listing of specific location addresses for each and actions taken with recommendations for the City, as appropriate.
8. An on-going listing of “Non-Compliant Customers Referred to City for Compliance Action Under Mandatory Ordinance” who, despite the Recycling Coordinator’s adherence to the required implementation steps included in Attachment B Section 3.7, still refuse to implement the required State-mandated Diversion programs. The listing shall include all interactions and attempts to bring the Customer into compliance with state laws by implementing a Diversion program.
9. Summary of service complaints, with a description of the nature of the complaint and how it was resolved. Reports shall include customer service metrics including, but not limited to, number of inbound customer service calls, average time spent per call with customer, average monthly hold time for customers, average number of rings before a call was answered, number of instances of a customer selecting and receiving a callback in lieu of a hold, number of escalations to a customer service manager, number of calls that were not answered, and all other metrics described in Section 9.04.C of the Agreement.
10. Summary, and type, of Customers that implemented Diversion services the previous month and/or cancelled service. The reasons for cancelled service must be provided with report.
11. The City is exploring the use of an outside vendor (Recyclist or equivalent) to provide Customer Relationship Management (“CRM”) software to track Diversion program implementation and to comply with certain CalRecycle SB 1383 reporting requirements.
The City anticipates that much of the customer interaction reporting that is required to be included in the Red/Green listing may no longer be needed when and if the new software is fully implemented. During the evaluation of the functionality and accuracy of reporting of the City’s prospective vendor(s) Contractor shall track all Customer interactions using both the Red/Green listing and the new CRM system, as described herein. During the first year of the Term, both reporting systems shall be utilized and evaluated. In the event the City is satisfied that the new CRM is comparable to the Red/Green Listing reports and meets all of the City’s needs, a meeting will be held
ATTACHMENT K
Reports to be Submitted to City
Attachment K Page 3 of 8
between City and Contractor on or before November 30, 2025 and, at the sole discretion of the City, either one or both of the reporting systems will be utilized for the next calendar year of the Term. This process will be repeated each year of the Term to determine the reporting system(s) to be utilized for the upcoming calendar year. The parties anticipate that the types, functions and costs of CRM software will continue to evolve over the Term and City may direct Contractor to utilize new, different and/or enhanced CRM reporting system(s) in the future.
a. Red/Green Listing Customer Interaction Tracking Requirement:
Sustainability Coordinator’s activity, tracked in a color-coded Red/Green Tracking Spreadsheet. Customers are shaded red to indicate non-compliance and shaded green to indicate compliance. The Red/Green Tracking Spreadsheet lists and describes all individual interactions with businesses, including the date, a description of, and the nature of each outreach/contact effort; status of program implementation or educational efforts; issues with recycling such as Contamination or overflow; objections to implementing Diversion programs; individual compliance status with AB 341, AB 1826, SB 1383; the Customer type (i.e. Commercial, Multi-Family, with Centralized Bin Service, Food Service Establishment, City Account); waiver status; if the Customer has shared service; if the Customer has an internal program to Divert materials; and other information as directed by the City. The results from most recent waste characterizations, as described in Attachment N, shall also be included in the Red/Green Tracking Spreadsheet for each account and for each line of service used by each account.
Accounts that are listed as “Non-Compliant Customers Referred to City for Compliance Action Under Mandatory Ordinance” shall also be color-coded accordingly. The Red/Green Tracking Spreadsheet shall also list and describe all individual interactions with Residential Estate customers, including the date, a description of, and the nature of each outreach/contact effort; status of program implementation and educational efforts; issues with recycling such as Contamination or overflow; objections to implementing Diversion programs; and other information as directed by the City. The results from most recent waste characterizations related to Residential Estate customers, as described in Attachment N, shall also be included in the Red/Green Tracking Spreadsheet for each account and for each line of service used by each account. Accounts that are listed as “Non-Compliant Customers Referred to City for Compliance Action Under Mandatory Ordinance” shall also be color-coded accordingly. b. City’s Customer Relationship Management System (CRM) Tracking Requirement: Sustainability Coordinator’s activity, tracked using the City’s Customer Relationship Management (CRM) system to which the Contractor will have access, showing individual interactions with businesses, including the date, a description of, and the nature of each outreach/contact effort; status of program implementation or educational efforts; issues with recycling such as Contamination or overflow; objections to implementing Diversion programs; individual compliance status with AB 341, AB 1826, SB 1383; the Customer type (i.e. Commercial, Multi-Family with Centralized Bin Service, Residential Estate, Food Service Establishment, City Account); waiver status; if the Customer has shared service; if the Customer has an internal program to Divert materials; and other information as directed by the City. The results from most recent waste characterizations, as described in Attachment N, shall also be included in the
ATTACHMENT K
Reports to be Submitted to City
Attachment K Page 4 of 8
City’s CRM tracking system for each account and for each line of service used by each account.
12. The number of warning notices issued to Customers for Contamination and the account information associated with these notices pursuant to Sections 2 and 3 of Attachment B.
13. The number of warning notices issued to Customers for Non-containerization and/or Overfull containers and the account information associated with these notices pursuant to the protocol in Attachment B.
14. Number of Residential Bulky Item pick-ups and Tons of bulky items delivered for repair, re-use, re-purposing, or recycling and Tons Disposed.
15. A listing of all accounts, in Excel format, including:
a. Customer number
b. Customer name
c. Account type (Commercial, Multi-Family, Residential Estate, Food Service Establishment, City Account)
d. Street address
e. Billing address
f. All service information, including
i. Line of service (i.e. MSW, Food Scraps, Yard Trimmings, Recyclable Materials)
ii. Container inventory
iii. Container size
iv. Frequency of collection
v. Collection days
vi. Monthly rate collected
g. Service Contact name
h. Service Contact number
i. Billing Contact Name
j. Billing Contact Number
16. Number of Customers participating in Diversion programs provided by Contractor (i.e.
Recyclable Materials Collection Program, Food Scraps Diversion Program, Composting Program, etc.). This section of the report must also include the total number of Containers (Bin, Carts, Split Bins, etc.) in use for Recyclable Materials, SourceSeparated Food Scrap Diversion, Source-Separated Yard Trimmings. Co-collected Food Scraps/Yard Trimmings, and MSW Collection/Disposal service.
17. Number of Single Family Residential accounts and Estate accounts with Extra Cart service, including list of Extra Carts for each account for all streams (MSW, Recyclables, and Co-collected Trimmings and Food Scraps) (report Single Family Residential and Estates separately).
18. A summary table of SB 1383 compliance information, including the following items:
a. Residential SB 1383 compliance, with Single Family and Estate Residential, listed separately:
ATTACHMENT K
Reports to be Submitted to City
Attachment K Page 5 of 8
i. The total number of Single Family and Estate Residential Customers that have a Recyclable Materials Program and a Co-collected Yard Trimmings/Food Scrap Diversion Program provided by Contractor. ii. The number of Single Family and Estate Residential Customers that do not have a Recyclable Materials Program or a Co-collected Yard Trimmings/Food Scrap Diversion Program provided by Contractor. iii. The number of Single Family and Estate Residential Customers that have refused service (for any stream: MSW, Recyclable Materials and/or Food Scraps/Yard Trimmings).
b. Multi-Family SB 1383 compliance
i. The total number of Multi-Family Customers that have a Recyclable Materials Program and a Co-collected Yard Trimmings/Food Scrap Diversion Program provided by Contractor.
ii. The number of Multi-Family Customers that do not have a Recyclable Materials Program and a Co-collected Yard Trimmings/Food Scrap Diversion Program provided by Contractor.
iii. The number of Multi-Family Customers that have refused to participate in the required Recyclable Materials and/or Food Scrap/Yard Trimmings Diversion program(s) and have been placed on the listing of “NonCompliant Customers Referred to City for Compliance Action Under Mandatory Ordinance”
iv. The number of Multi-Family Customers that have a diversion program not provided by the Contractor (i.e. a City-verified third-party Food Scrap and/or Yard Trimmings collection service with local processing, community Composting program, landscaper, etc.)
c. Commercial SB 1383 compliance
i. The total number of Commercial Customers that have a Recyclable Materials Program and a Co-collected Yard Trimmings/Food Scrap Diversion Program provided by Contractor.
ii. The number of Commercial Customers that do not have a Recyclable Materials Program and/or a Co-collected Yard Trimmings/Food Scrap Diversion Program provided by Contractor.
iii. The number of Commercial Customers that have refused to participate in the required Recyclable Materials and/or Food/Scrap/Yard Trimmings Diversion program(s) and have been placed on the listing of “NonCompliant Customers Referred to City for Compliance Action Under Mandatory Ordinance”
iv. The number of Commercial Customers that have a diversion program not provided by the Contractor (i.e. a City-verified third-party Food Scrap and/or Yard Trimmings collection service with local processing, backhaul program, landscaper, etc.)
19. Written record of all Hazardous Waste discovered through the Hazardous Waste exclusion program described in Article 5 of the Agreement.
20. Number of accounts that are delinquent in their payments and have had their collection service terminated as a result.
ATTACHMENT K
Reports to be Submitted to City
Attachment K Page 6 of 8
21. Number of accounts that were delinquent in their payments, had their collection service terminated, and have now paid the account and restarted service.
22. Number of accounts that permanently discontinued collection service as described in Section 1.3.1 of Attachment B.
23. Program data for use in City’s C&D tracking software, as applicable.
24. Collection tonnage and/or volumes from City-directed programs, including illegal dumping, public right-of-way collection, City Facility programs, special events, etc. that occurred during the reporting period
Quarterly Reports
Within 30 days after the completion of each quarter of the Calendar Year, Contractor shall submit a Quarterly Report. The report shall provide a quarterly summary of the monthly reports in addition to the following at a minimum:
1. Report of any Waste Characterization Studies completed during the reporting quarter as described in Attachment N, including the three-stream pilot program beginning no later than March 1, 2026 and the waste characterizations to occur beginning January 1, 2027.
2. Copies of all promotional and all public education materials sent during the quarter, including, but not limited to, hard copies direct-mailed to Customers, bill inserts sent to Customers, electronic notifications to Customers, social media postings, and all other materials.
3. A narrative description of problems encountered and actions taken, including efforts to deter and prevent Scavenging and Contamination of Recyclable Materials, Yard Trimmings, Food Scraps and Construction and Demolition Debris. The narrative is to include a description of Tons rejected for sale after processing (type of material, tonnage), reason for rejection, and Contractor’s Disposal method for the rejected materials.
4. Recycling sales revenue by type of material marketed on a gross and net basis.
5. Tons delivered inbound to each Composting facility, Tons of final product sold and endusers/markets for finished compost.
6. A list and narrative description of monthly trainings held on prevention of spills of fluids from Collection vehicles, safety and other issues, including employee group(s) trained, the trainer that presented each training and the topics covered.
7. Compost giveaway events – report within 30 days of event with number of participants and quantity of compost distributed and origin of compost.
8. Shredding events – report within 30 days of event with number of participants and quantity of material shredded.
ATTACHMENT K
Reports to be Submitted to City
Attachment K Page 7 of 8
9. Employee trainings held during the quarter as required by Agreement Section 5.11.D (spill/Hazardous Waste training), Agreement Section 8.05.E (safety training) and Agreement Section 9.04.C (Customer Service Representative training).
10. Inventory of Single Family and Estate Residential Containers by size and stream and record of replacement and repair of the Carts/Bins for the previous quarter as described in Section 1.6.3 of Attachment B Scope of Work.
Annual Reports
On or before March 15, 2026, and on or before March 15 in all subsequent years of the Term, Contractor shall submit to the City a written year-end Annual Report, in a form approved by the City. The annual report shall include information as to timely compliance with Contractor’s Diversion obligations and MSW Collection and the following information for the Calendar Year then ending:
1. Annual SB 1383 compliance status report, with a detailed work plan to meet minimum performance standards set forth in Article 10 of the Agreement.
2. A report of the previous Calendar Year’s activities in the City, including a cumulative summary of the Monthly and Quarterly Reports, and information and statistics with respect to City’s compliance with SB 1383 and the Act.
3. A complete inventory of equipment used to provide all services, including listing of the following items:
a. Vehicles in service
i. model year of the body for each vehicle in service
ii. model year of the chassis for each vehicle in service iii. vehicle unit number for each vehicle in service
iv. VIN number for each vehicle in service
v. license plate number for each vehicle in service
vi. Route allocation
b. Containers by size and material or waste stream type
4. Number of routes, type of route, and route hours per day.
5. Number of accounts and Cart/Bin information as requested in the Monthly reports.
6. A summary table showing Contamination rates (in percent), by stream and by sector, using the results from the waste characterizations that are required by Attachment N that occurred during the reporting period.
7. Total number of Customers that used special Collection programs, including number of Residential Customers that requested Bulky item collection.
8. Total number of Customers that attended Compost giveaway event(s) and the number of tons of compost distributed during the event(s), and date/location of each event.
ATTACHMENT K
Reports to be Submitted to City
Attachment K Page 8 of 8
9. Total number of Customers that attended Shredding event(s) and the number of pounds or tons of shredded material from each event, and date/location of each event.
10. Results of the Audit of Commercial Billings completed each July as described in Section
1.3.4 of the Attachment B Scope of Work.
11. Number of temporary vacation stops as described in Section 1.4 of Attachment B Scope of Work.
12. SB 1383 reporting items
a. The number of total generators receiving Food Scraps/Yard Trimmings Collection service
b. Number of waste characterizations conducted
c. Number of times notices or targeted education materials were issued by Contractor
d. The number of notifications received from a solid waste facility operator regarding materials Contamination
e. Number of Single-Family Residential households that do not have Food Scraps/Yard Trimmings cart. Number of Estates that do not have a Food Scraps/Yard Trimmings Cart or Bin
f. Number of Single Family Residential households that do not have a Recyclable Materials cart. Number of Estates that do not have a Recyclable Materials Cart or Bin.
13. Tons of Holiday Greenery collected from Residents and Multi-family Customers.
Exhibit K.1. Example of Red/Green Tracking Spreadsheet Account Listing
ATTACHMENT L
Performance Bond
Attachment L Page 1 of 2
PERFORMANCE BOND FOR SAN MARINO
KNOW ALL PERSONS BY THESE PRESENTS, that
_______________________________________________________ hereinafter called the PRINCIPAL, and Valley Vista Services, Inc., a corporation duly organized under the laws of the State of California having its principal place of business at ________________, in the State of ____________, and authorized to do business as an admitted surety insurer in the State of California, hereinafter called the SURETY, are held and firmly bound to the City of SAN MARINO, a municipal corporation in the State of California, hereinafter called the OBLIGEE, in the sum of Three Million Five Hundred Thousand Dollars ($3,500,000) lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT:
WHEREAS, the PRINCIPAL has entered into an Agreement with the OBLIGEE for the Collection, Transportation Processing and Diversion of Recyclable Materials, Food Scraps and Yard Trimmings and For the Collection, Transportation and Disposal of Municipal Solid Waste ("Agreement") and said PRINCIPAL is required under the terms of said Agreement to furnish a bond of faithful performance of said Agreement.
NOW, THEREFORE, if the PRINCIPAL shall well and truly perform and fulfill all of the undertakings, covenants, terms and agreements of said Agreement, and any modification thereto made as therein provided, at the time and in the manner therein specified, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue.
The SURETY, for value received, hereby agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed there under, or the specifications incorporated therein shall impair or affect its obligations and its bond, and it hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Agreement or the work or the specifications.
PROVIDED, however, that the SURETY shall not be liable (1) as respects to any obligations related to said Agreement occurring after one (1) year from (May), 2025, unless this Bond is extended, (2) as respects to PRINCIPAL'S obligation to procure a replacement performance bond, as provided for in Section 13.03 of the Agreement. This Bond may be extended after (May) 2026 in the sole discretion of the SURETY by means of a continuation certificate signed at least ninety (90) days prior to (May), 2026 and thereafter at least ninety (90) days prior to the expiration of the Bond as extended.
In the event suit is brought upon this Bond by the OBLIGEE and said OBLIGEE is the prevailing party, the SURETY shall pay, in addition to the sums set forth above, all costs
Attachment L Page 2 of 2
incurred by the OBLIGEE in such suit, including reasonable attorneys' fees to be fixed by the court.
IN WITNESS WHEREOF, the above bounded parties have executed this instrument this ____ day of _____________, 2025, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
PRINCIPAL:
________________________
By: ______________________
SURETY:
__________________________
By:________________________
Attorney-In-Fact
* * *
Note: To be considered complete, both the principal and surety must sign this performance bond. In addition, the surety's signature must be notarized and a copy of the surety's power of attorney must be attached.
ATTACHMENT M
Not Used
ATTACHMENT N
Attachment N Page 1 of 35
ATTACHMENT N
Characterizations of Divertible Materials and MSW
Contractor shall conduct periodic characterizations of Divertible Materials and MSW to determine the levels of Contamination in the MSW, Recyclable Materials, and Cocollected Food Scraps/Yard Trimmings Carts and Bins.
The characterizations are of (a) Divertible Materials that will be delivered to Processing Facilities; and (b) MSW that will be delivered to a Disposal Site.
The purposes of the characterizations and audits are as follows:
(i) City compliance with CCR Title 14, Division 7, Chapter 12 Section 18984.5 for container Contamination minimization;
(ii) Measuring Contractor’s status regarding meeting the minimum performance standards in Article 10 of the Agreement; and (iii) Determining the quantities and types of Contamination in Divertible Materials and MSW being Collected in the City in order to identify sources of the Contamination and to reduce the levels of Contamination through additional public outreach, training, and enforcement of local, state and federal laws and regulations regarding Contamination.
The characterizations described herein are not intended to fulfill the requirements of, nor substitute for, the procedures described in CCR Title 14 Division 7, Chapter 3 Section 17409.5 et seq. that must be performed at Processing Facilities by the owner/operator.
Table 1 provides a summary of the characterizations required in each year of the Term.
The specific protocols that shall be used to conduct the characterizations and audits are also included in this Attachment N. The City or its representative may be present for any characterization described in this Attachment N. Contractor shall provide no less than thirty (30) calendar days advance notice to the City of when each characterization is scheduled.
ATTACHMENT N
Attachment N Page 2 of 35
Table 1. Summary Table of Characterizations Audits in Attachment N Sector Diversion Program
Required Frequency
of Characterizations
of
Divertible Materials &
MSW
Performance Requirements
Maximum
Contamination Level
for Jan 1, 2028-Dec
31, 2029
Maximum
Contamination Level
for Jan 1, 2030 –
December 3033
Residential: Single-Family
Dwellings
Recyclable
Materials 2x/year 30% 25%
Co-collected Food
Scraps/Yard
Trimmings
2x/year 30% 25%
MSW 2x/year 30% 25%
Residential: Estates
Recyclable
Materials 2x/year 30% 25%
Co-collected Food
Scraps/Yard
Trimmings
2x/year 30% 25%
Source – Separated
Yard Trimmings
2x/year 30% 25%
MSW 2x/year 30% 25%
Commercial
Recyclable
Materials 2x/year 30% 25%
Food Scraps 2x/year 30% 25%
MSW 2x/year 30% 25%
Multi-Family (when
activated by the City)
Recyclable
Materials 2x/year 30% 25%
Co-collected Food
Scraps/Yard
Trimmings – if
Applicable
2x/year 30% 25%
Food Scraps 2x/year 30% 25%
MSW 2x/year 30% 25%
This Attachment N is organized as shown in the following table of contents.
ATTACHMENT N
Attachment N Page 3 of 35
Table of Contents
1. Characterization Protocols for Divertible Materials and MSW.......................................... 4 1a. Characterization Protocol for Recyclable Materials Being Delivered to Clean MRF ..................................................................................................................................................... 5 1b. Characterization Protocol for Residential Co-collected Food Scraps/Yard Trimmings, Commercial and Multi-Family Source-separated Food Scraps Being Delivered to Processing Facilities........................................................................................ 10 1c. Characterization Protocol for MSW Being Delivered to Disposal Site .................... 16
1.d. Requirements If Contamination Exceeds 25%.......................................................... 20 1e. Characterization Methodology for C&D Processing Facilities.................................. 21
2. Assessment of Minimum Performance Standards for SB 1383 Program Implementation ........................................................................................................................... 22
2.1 Assessment of Percentage of SB 1383 Diversion Programs Fully Implemented as Required by Section 10.02.A................................................................................................ 22
2.2 Assessment of Minimum Performance Standards for Contamination Levels Achieved by Contractor as Required by Section 10.01 of the Agreement.................... 23
2.2.1 Assessment of 30% Maximum Levels of Container Contamination ................ 24
2.2.2. Assessment of 25% Maximum Level of Container Contamination ........................... 26 Exhibit N-1: Schedule of Characterization Studies to be Conducted During the Term of the Agreement..................................................................................................................................... 29 Exhibit N-2: Characterization Form for Recyclable Materials Being Delivered to Clean MRF.. 30 Exhibit N-3: Characterization Form for Co-Collected Food Scraps/Yard Trimmings and SourceSeparated Food Scraps Being Delivered to Processing Facility................................................... 31 Exhibit N-4: Characterization Form for MSW............................................................................. 32 Exhibit N-5 – Protocol to Calculate Composite Characterization Contamination Rate for Achievement of Minimum Performance Standards...................................................................... 33
ATTACHMENT N
Attachment N Page 4 of 35
1. Characterization Protocols for Divertible Materials and MSW Note: As used herein, “stream” refers to Single Family Residential, Residential Estates, Commercial or Multi-Family “streams”. “Component” refers to the type of material:
Recyclable Materials, Source-Separated Yard Trimmings, Source-Separated Food Scraps, Co-collected Food Scraps/Yard Trimmings, MSW, or Construction and Demolition Debris.
PILOT WASTE CHARACTERIZATIONS: As described in the Agreement, the Contractor shall implement a pilot-scale three stream (MSW, Single-stream Recyclables, and Cocollected Food Scrap and Yard Trimmings) program for at least 200 households on or before March 1, 2026. Prior to implementing the pilot-scale waste characterization, between January 1 – Feb 28, 2026, Contractor shall conduct a targeted ‘baseline’ waste characterization of the MSW stream of the neighborhood/routes targeted for the pilot program using the protocols set forth in this Attachment N. During the month of June 2026, after the pilot program has been active for 2 months, Contractor shall conduct a subsequent waste characterization study of all three streams (MSW, Single-stream Recyclables, and Co-collected Food Scrap and Yard Trimmings) for the neighborhood/route that is participating in the pilot scale co-collected food scrap and yard trimmings collection program. The results from the baseline and subsequent waste characterizations shall be included in the Contractor’s quarter 2 2026 Quarterly Report to the City. The pilot waste characterizations conducted between January 1 and June 30, 2026, and describe herein, shall not be used to evaluate the City’s contamination levels as described in the new Agreement, Article 10 but rather to determine contamination levels for informational purposes to plan and/or modify programs, assist customers with contamination minimization, and for public education and outreach planning, dissemination and targeting.
BASELINE WASTE CHARACTERIZATIONS: With the exception of the pilot waste characterizations described above, waste characterizations as described in this Attachment N shall begin January 1, 2027. The waste characterizations conducted from January 1, 2027 through December 31, 2027 shall not be used to evaluate the City’s contamination levels as described in the new Agreement, Article 10, but rather to determine contamination levels for informational purposes in order to plan and/or modify programs, assist customers with contamination minimization, and for public education and outreach planning, dissemination and targeting.
The results of the waste characterizations and audits completed January 1, 2027 through December 31, 2027, shall be included in the monthly reports to the City and in the City’s CalRecycle Implementation Record.
ATTACHMENT N
Attachment N Page 5 of 35
1a. Characterization Protocol for Recyclable Materials Being Delivered to Clean MRF
The following protocol will be used to conduct characterizations at the Clean MRF(s) where the following material components are processed:
• Residential Single Family Stream – Recyclable Materials component • Residential Estate Stream - Recyclable Materials component • Commercial Stream – Recyclable Materials component
• Multi-Family Stream - Recyclable Materials component
Timing: Characterization studies shall be conducted two (2) times each year of the Term for the Recyclable Materials stream so that each study selects a sample during the ‘high season’ (June through September) and during the ‘low season’ (October through May) as shown in the table provided as Exhibit N-1 to this Attachment (Note: The quarters refer to calendar year quarters as noted in the footnote in Exhibit N-1). The first characterization shall take place beginning Quarter 1, 2027. The timing for when the characterization studies are conducted shall be staggered so that after two (2) years, one (1) characterization shall have taken place during each calendar quarter, with two (2) characterizations completed during the high season and two (2) during the low season.
Residential (Single Family and Estates) Scheduling Example: For example, beginning in Calendar Year 2027 (1/1/2027 – 12/31/2027), the Contractor shall conduct one (1) characterization study of Recyclable Materials in Calendar Quarter 1, 2027 (low season) and Calendar Quarter 3, 2027 (high season). In Calendar Year 2028 (1/1/2028 – 12/30/2028), the Contractor shall conduct one (1) characterization study of Recyclable Materials in Calendar Quarter 4, 2028 (low-season) and Calendar Quarter 2, 2028 (high season).
Commercial Scheduling example: For Calendar Year 2027 (1/1/2027 – 12/31/2027), the Contractor shall conduct one (1) Commercial characterization study of the Singlestream Recyclable Materials stream in Calendar Quarter 1, 2027 (low season) and one (1) during Calendar Quarter 2, 2027 (high season). In Calendar Year 2028 (1/1/2028 – 12/31/2028), the Contractor shall conduct one (1) characterization study of the Commercial Single-stream Recyclable Materials stream in Calendar Quarter 4, 2028 (low-season) and Calendar Quarter 3, 2028 (high season).
Multi-Family Scheduling example: For Calendar Year 2027 (1/1/2027 – 12/31/2027), if there are any Multi-Family units constructed and occupied in the City, the Contractor shall conduct one (1) Multi-Family characterization study of the Single-stream Recyclable Materials stream in Calendar Quarter 1, 2027 (low season) and one (1) during Calendar Quarter 2, 2027 (high season). In Calendar Year 2028 (1/1/2028 – 12/31/2028), the Contractor shall conduct one (1) characterization study of the Multi-Family Single-stream Recyclable Materials stream in Calendar Quarter 4, 2028 (low-season) and Calendar Quarter 2, 2028 (high season). These dates shall be adjusted based on the date of the City’s issuance of the Multi-Family Property’s Certificate of Occupancy.
ATTACHMENT N
Attachment N Page 6 of 35
See Exhibit N-1. for the schedule of characterization studies that shall be conducted during the Term of the Agreement.
Methodology:
Residential sampling protocol: For each Residential characterization study, loads shall be sampled only from Recyclable Materials Collected from Residences. Since the Contractor provides back-yard services (BYS) to all Residential accounts, the sampling collection methodologies included below must be closely coordinated with Collection operations to ensure the sampling team has access to Carts in Residents’ side and backyards.
Each characterization shall be done by hand (i.e. a manual sort not a mechanized sort) and total load weights shall be established for each load sampled. One sample shall represent the entirety of the contents of a Residential Single Family Recyclable Materials Cart. Samples shall be collected on the regular service day of the route being sampled.
Contractor shall sample only full Residential Carts. A ‘full’ cart is defined as seventy-five percent (75%) or more Cart capacity utilization. Samples shall be collected using one of the following options:
1) a box truck;
2) a flat-bed vehicle, or;
3) a dedicated back-yard service (BYS) collection vehicle during the service day for that geographic area that only collects samples for the purposes of conducting the characterization study.
NOTE: If Contractor is using a box truck or flat-bed vehicle to collect samples and will be removing the Cart from the premises (options 1 and 2 above), Contractor shall immediately replace each full Residential Cart that is Collected, with a clean Cart of the identical size, type and color. The clean replacement cart shall include a ‘hang-tag’ notifying the resident that their Cart was taken by Contractor and replaced with an identical Cart on the day of the characterization study and the reason why the Contractor is conducting the characterization. The notice(s) shall include Contractor’s telephone number, web site address, assurances that any of the Residents’ private information that may be found in the Cart will be kept confidential by Contractor, and at least one (1) social media method for Residents to obtain additional information, ask questions and receive answers from Contractor concerning the characterization. The protocols described herein for Cart removal and ‘hang tags’ are not required if the Contractor chooses to collect samples using option 3 above (a dedicated BYS collection vehicle to collect samples). If Option 3 is selected, and the requisite number of samples cannot fit into a single BYS vehicle, the Contractor will be required to consolidate the contents of the full Carts that will be sampled during the waste characterization into a roll-off box or front-end loader for transport to the sorting location.
ATTACHMENT N
Attachment N Page 7 of 35
Residential Estate sampling protocol: For each Residential Estate characterization study, loads shall be sampled only from Recyclable Materials Collected from Estate Residences. Residential Estate Customers generate large volumes of Materials and make use of both Carts and Bins for collection. To collect samples for Residential Estate Characterizations, Contractor shall service only Residential Estate Customers along a regularly scheduled route. The segregated load containing Recyclable Materials collected from Residential Estates shall be taken to a facility and dumped on the tipping floor to be sorted, as described in the ‘Sorting Protocol’ section.
Commercial sampling protocol: For each Commercial characterization study, loads shall be sampled only from Recyclable Materials Collected from Commercial Businesses.
To collect samples for Commercial Waste Characterizations, Contractor shall service only Commercial Bin Customers along a regularly scheduled route. The segregated load containing Recyclable Materials collected from Commercial Premises shall be taken to a facility and dumped on the tipping floor to be sorted, as described in the ‘Sorting Protocol’ section.
Multi-Family sampling protocol: For each Multi-Family characterization study, which will begin within nine months of the date that the City’s Certificate of Occupancy is issued for that Multi-Family property. Loads shall be sampled only from Recyclable Materials Collected from Multi-Family accounts. To collect samples for Multi-Family Waste Characterizations, Contractor shall service only Multi-Family Bin Customers along a regularly scheduled route. The segregated load containing Recyclable Materials collected from Multi-Family Premises shall be taken to a facility and dumped on the tipping floor to be sorted, as described in the ‘Sorting Protocol’ section.
Sample Selection Protocol for Residential, Residential Estate, Commercial, and Multi-Family Containers:
The following number of samples (i.e. full Carts or Bins) per sampled route shall be Collected as applicable to the sizes of San Marino routes:
1. For routes that service less than 1,500 generators per week the study shall include a minimum of 25 samples.
2. For routes that service 1,500-3,999 generators per week the study shall include a minimum of 30 samples.
3. For routes that service 4,000- 6,999 generators per week the study shall include a minimum of 35 samples.
4. For routes that service 7,000 or more generators per week the study shall include a minimum of 40 samples.
The characterization study shall include samples taken from different areas in the City along the sampled route that are representative of different neighborhoods and business districts in the City. Samples (i.e. “full” Carts, or Bins, as defined herein) may be gathered on a single day or on multiple service days over the course of the week, provided the
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above-described total minimum number of samples are collected from the route. A minimum of thirty (30) calendar days in advance of each characterization, Contractor shall provide City with a list and/or map of Residences (with addresses) identified for sampling during the upcoming characterization in order for City to review and make sure the samples will be taken from different areas of the City as described herein.
Sorting protocol: All of the material collected for sampling must be transported to a sorting area at a permitted solid waste facility where the presence of prohibited Contaminants for the Recyclable Materials stream is measured to determine the ratio of prohibited Contaminants present by weight. To determine the ratio of prohibited Contaminants after the field sample selection process is complete, the Contractor shall use the following protocol:
1. Take one sample of at least 200 pounds from the material collected from the Recyclable Materials stream for sampling (e.g. a 200-pound sample taken from the contents of all the blue-lidded Carts collected for sampling spread out on the tipping floor in a pile).
2. The 200-pound sample shall be randomly selected from different areas of the pile of Recyclable Materials. Materials shall be collected for sorting from the sample pile using a grid method and shall be hand collected. The grid method assigns an imaginary XY axis over the load after it is dumped on the tipping floor. Four random number pairings between 0-20 (for the long dimension of the load i.e. length) and 0-10 (for the shorter dimension of the load, i.e. width) shall be generated to identify the location of the samples on the load. Each sample shall weigh at least 50 lbs. and shall be collected by hand in a 60- to 90-gallon Cart.
3. For the 200-pound sample, remove any prohibited Contaminants and sort Recyclable Materials by commodity type. Place Contaminants and sorted Recyclable commodities into separate Carts. Determine the weight of prohibited Contaminants and sorted Recyclable commodities by weighing each Cart and deducting the Cart tare weight. Note the gross weight, and net weight for Contaminants manually using the worksheet provided in Exhibit N-2.
4. Calculate the composition percentage of both Contaminants and Recyclable commodities in the sample. To determine the ratio of prohibited Contaminants in the sample, divide the total net weight of prohibited Contaminants by the total weight of the sample. To determine the ratio of Recyclable commodities in the sample, divide the total net weight of each Recyclable commodity by the total weight of the sample.
Analysis: The results of the samples shall then be used to produce a characterization that shall be used to establish the percentage Diversion and the percent of Residue for the City’s Recyclable Materials routes. This characterization process shall be repeated twice annually to establish the next six-months’ tonnage allocation (e.g. percent Diverted and percent that is Contaminants) to account for seasonal fluctuations. Said tonnage allocation shall be used in and included in the tonnage reports described in Attachment K. Contractor shall apply the average of the results of each waste characterization to the Attachment K tonnage reports and include this average calculation in its report. For
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example, if it is the fourth characterization and the Diversion rate was 75% and the previous three characterization results where 85%, 90%, and 80%, the Diversion rate applied to the Attachment K reports for the next 6-month period would be 82.5% ((85%+90%+80%+75%)/4).
Non-recyclable contaminants found in the samples shall be photographed and noted to include in future outreach materials to remind Customers of the prohibition of these materials in the Recyclable Materials stream.
The Recyclable commodities sampled and sorted during this process shall be paper, cardboard, newsprint, mixed paper, plastics (numbers 1 & 2), mixed plastics, non-ferrous metals, tin, aluminum, and other Recyclable Materials as directed by the City. Exhibit N2 includes the characterization data collection sheet that shall be used during the characterization.
Calculating Density on Service: For purposes of determining the average densities of components Collected, and as a metric to evaluate Collection efficiencies and Cart capacity utilization, the Contractor shall perform the following calculation:
The net tonnage of the Recyclable Materials Collected in the sampled trucks (or sampled Carts) shall be calculated by dividing the total tons Collected of Recyclable Materials by the total on-service cubic yards Collected to calculate a density for the Recyclable Materials stream.
For example, if one load sampled weighed a total of 5 Tons and was Collected from 100 cubic yards on service, the average “material on service density” for this stream would be 100 lbs. per cubic yard. Cubic yards on service shall be calculated using actual route data (i.e. if one route sampled collected 100 64-gal carts, the yards on service for that route would be 6,400 gallons, or 31.7 cubic yards).
Reporting: Contractor shall submit a written report to the City semi-annually beginning with Contractor’s Quarterly Report for Q1, 2027. The report will summarize the results of the characterization study, including a summary of the characterization results; the measured weights for each commodity; the percent of each commodity found in each sample and in aggregate; a description and photographs of the types of Contaminant materials found during the characterization study; the average density on-service for the materials sampled (i.e. load weights divided by yards collected); locations where the samples were collected; and any other data requested by the City. Upon approval by the City, the results of the characterization study shall be applied to the Tons delivered to the Clean MRF and Tons of Contaminants delivered to the Landfill from the Clean MRF in subsequent monthly reports and shall be in effect until the results of the next characterization study are approved by the City.
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1b. Characterization Protocol for Residential Co-collected Food Scraps/Yard Trimmings, Commercial and Multi-Family Source-separated Food Scraps Being Delivered to Processing Facilities
The following protocol shall be used to conduct characterizations at the Processing Facilities where the following material components are processed:
• Residential Single Family Stream - Co-collected Yard Trimmings and Food Scraps component
• Residential Estate Stream - Co-collected Yard Trimmings and Food Scraps component
• Commercial Stream – Co-collected Yard Trimmings and Food Scraps component • Multi-Family Stream - Co-collected Yard Trimmings and Food Scraps component • Commercial stream – Source-separated Food Scraps component • Multi-Family stream – Source separated Food Scraps component Due to the distance to the City-approved Compost Facility in Attachment P, characterizations shall be conducted at Contractor’s transfer station or at another permitted solid waste facility selected by Contractor and approved by City.
Timing: Characterization studies shall be conducted two (2) times each year of the Term of the Agreement for the Residential Food Scrap/Yard Trimmings stream, the Commercial Source-separated Food Scraps, and Multi-Family Source-separated Food Scraps stream so that each study selects a sample during the ‘low season’ (October through March) and during the ‘high season’ (April through September) as shown in the table provided as Exhibit N-1 to this Attachment N. (Note: The quarters refer to calendar year quarters as noted in the footnote in Exhibit N-1). The first characterization(s) shall take place beginning calendar Quarter 1, 2027. The timing for when the characterization studies are conducted shall be staggered so that after two (2) years, one (1) Residential and one (1) Commercial and (1) Multi-Family characterization shall have taken place during each calendar quarter, with two (2) Residential, two (2) Commercial, and two (2) Multi-Family characterizations completed during the high season (Quarters 2 and 3) and two (2) Residential, two (2) Commercial and two (2) Multi-Family characterizations completed during the low season (Quarter 1 and 4).
Residential and Estate timing example: For example, for Calendar Year 2027 (1/1/2027 – 12/31/2027), the Contractor shall conduct one (1) Residential characterization study of the Co-Collected Food Scraps/Yard Trimmings stream in Calendar Quarter 1, 2027 (low season) and one (1) during Calendar Quarter 3, 2027 (high season). During Calendar Year 2028 (1/1/2028 – 12/31/2028), the Contractor shall conduct one (1) characterization study of the Residential Co-Collected Food Scraps/Yard Trimmings stream in Calendar Quarter 2, 2028 (high season) and Calendar Quarter 4, 2028 (lowseason).
Commercial timing example: For example, for Calendar Year 2027 (1/1/2027 – 12/31/2027), the Contractor shall conduct one (1) Commercial characterization study of
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the Commercial Source-separated Food Scraps stream in Calendar Quarter 1, 2027 (low season) and one (1) during Calendar Quarter 3, 2027 (high season). During Calendar Year 2028 (1/1/2028 – 12/31/2028), the Contractor shall conduct one (1) characterization study of the Commercial Source-separated Food Scraps stream in Calendar Quarter 2, 2028 (high season) and Calendar Quarter 4, 2028 (low-season).
Multi-Family timing example: For example, for Calendar Year 2027 (1/1/2027 – 12/31/2027), the Contractor shall conduct one (1) Multi-family characterization study of the Source-separated Food Scraps stream in Calendar Quarter 1, 2027 (low season) and one (1) during Calendar Quarter 3, 2027 (high season). During Calendar Year 2028 (1/1/2028 – 12/31/2028), the Contractor shall conduct one (1) characterization study of the Multi-family Source-separated Food Scraps stream in Calendar Quarter 2, 2028 (high season) and Calendar Quarter 4, 2028 (low-season). These dates shall be adjusted based on the date of the City’s issuance of the Multi-Family Property’s Certificate of Occupancy.
See Exhibit N-1. for the schedule of characterization studies that shall be conducted over the Term of the Agreement.
Methodology:
Residential Sampling protocol: For each characterization study, loads shall be sampled only for Co-Collected Food Scraps/Yard Trimmings Collected from Residences. Since the Contractor provides back-yard services (BYS) to all Residential accounts, the sampling collection methodologies included below must be closely coordinated with Collection operations to ensure the sampling team has access to Carts in Residents’ side and backyards.
Each characterization shall be done by hand (i.e. a manual sort not a mechanized sort) and total load weights shall be established for each load sampled. One sample shall represent the entirety of the contents of a Residential Co-Collected Food Scrap/Yard Trimmings. Samples shall be collected on the regular service day of the route being sampled. Contractor shall sample only full Carts. For Food Scraps/Yard Trimmings, a ‘full’ cart is defined as fifty percent (50%) or more Cart capacity utilization. Sampling shall be collected using one of the following options:
1) a box truck;
2) a flat-bed vehicle, or;
3) a dedicated back-yard service (BYS) vehicle during the service day for that geographic area that only collects samples for the purposes of conducting the characterization study.
NOTE: If Contractor is using a box truck or flat-bed vehicle to collect samples and will be removing the Cart from the premises (options 1 and 2 above), Contractor shall immediately replace each full Residential Cart that is Collected, with a clean Cart of the identical size, type and color. The clean replacement cart will include a ‘hang-tag’ notifying
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the resident that their Cart was taken by Contractor and replaced with an identical Cart on the day(s) the characterization study and the reason why the Contractor is conducting the waste characterization. The notice(s) shall include Contractor’s telephone number, web site address, assurances that any of the Residents’ private information that may be found in the Cart will be kept confidential by Contractor, and at least one (1) social media method for Residents to obtain additional information, ask questions and receive answers from Contractor concerning the characterization. The protocols described herein for Cart removal and ‘hang tags’ are not required if the Contractor chooses to collect samples using option 3 above (a dedicated BYS collection vehicle to collect samples). If Option 3 is selected, and the requisite number of samples cannot fit into a single BYS vehicle, the Contractor will be required to consolidate the contents of the full Carts that will be sampled during the waste characterization into a roll-off box or front-end loader for transport to the sorting location.
Residential Estate sampling protocol: For each Residential Estate characterization study, loads shall be sampled only from Co-collected Yard Trimmings and Food Scraps Collected from Estate Residences. Residential Estate Customers generate large volumes of Materials and make use of both Carts and Bins for collection. To collect samples for Residential Estate Characterizations, Contractor shall service only Residential Estate Customers along a regularly scheduled route. The segregated load containing Cocollected Yard Trimmings and Food Scraps collected from Residential Estates shall be taken to a facility and dumped on the tipping floor to be sorted, as described in the ‘Sorting Protocol’ section.
Commercial sampling protocol: For each Commercial characterization study, loads shall be sampled only from Source-separated Food Scrap Materials Collected from Commercial Businesses. To collect samples for Commercial Waste Characterizations, Contractor shall service only Commercial Customers along a regularly scheduled route.
The segregated load containing Source-separated Food Scraps collected from Commercial Premises shall be taken to a facility and dumped on the tipping floor to be sorted, as described in the ‘Sorting Protocol’ section.
Commercial and Multi-Family sampling protocol: For each Multi-Family characterization study, loads shall be sampled only from Source-separated Food Scrap Materials Collected from Multi-Family Premises. To collect samples for Multi-Family Waste Characterizations, Contractor shall service only Multi-Family Bin Customers along a regularly scheduled route. The segregated load containing Source-separated Food Scraps collected from Multi-Family Premises shall be taken to a facility and dumped on the tipping floor to be sorted, as described in the ‘Sorting Protocol’ section. Multi-family specific sampling will begin within nine months of the date that the City’s Certificate of Occupancy is issued for that Multi-Family property.
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Sample Selection Protocol for Residential, Commercial, and Multi-Family Containers:
The following number of samples (i.e. full Carts or Bins) per sampled route shall be Collected as applicable to the sizes of San Marino routes:
1. For routes that service less than 1,500 generators per week the study shall include a minimum of 25 samples.
2. For routes that service 1,500-3,999 generators per week the study shall include a minimum of 30 samples.
The characterization study shall include samples taken from different areas in the City along the sampled route that are representative of Co-Collected Food Scraps/Yard Trimmings in different neighborhoods and business districts throughout the City. Samples (i.e. “full” Carts, or Bins, as defined herein) may be gathered on a single day or on multiple service days over the course of the week provided the above-described total samples are collected from the route. A minimum of thirty (30) calendar days in advance of each characterization, Contractor shall provide City with a list and/or map of Residences, Commercial Businesses, or Multi-Family Premises (with addresses) identified for sampling during the upcoming characterization in order for City to review and make sure the samples will be taken from different areas of the City as described herein.
Sorting protocol: All of the material collected on-route for sampling must be transported to a sorting area at a permitted solid waste facility where the presence of prohibited Contaminants in the Co-collected Food Scraps/Yard Trimmings and/or Source-separated Food Scraps are measured to determine the ratio of prohibited Contaminants present in each Cart by type and weight. To determine the ratio of prohibited Contaminants the Contractor shall use the following protocol:
1. Take one sample of at least 200 pounds from the material collected from the sampled stream for sampling (e.g. a 200-pound sample taken from the contents of all of the Food Scraps/Yard Trimmings Carts/Bins collected for sampling).
2. The 200-pound sample shall be randomly selected from different areas of the pile of Food Scraps/Yard Trimmings. Materials shall be collected for sorting from the sample pile using a grid method and shall be hand collected. The grid method assigns an imaginary XY axis over the load after it is dumped on the tipping floor.
Four random number pairings between 0-20 (for the long dimension of the load i.e. length) and 0-10 (for the shorter dimension of the load i.e. width) shall be generated to identify the location of the samples on the load. Each sample shall weigh at least 50 lbs. and shall be collected by hand in a 60-to 90-gallon Cart.
3. For the 200-pound sample, remove any prohibited Contaminants and sort materials by the commodity types indicated in the ‘sorting Categories’ section below (Processing Facility Categories 1 and 2). Place Contaminants and sorted materials into separate Carts. Determine the weight of prohibited Contaminants
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and of the sorted materials by weighing each Cart and deducting the Cart tare weight. Record the gross weight and net weight for Contaminants and Divertible Food Scraps/Yard Trimmings manually using the worksheet provided in Exhibit N3.
4. Calculate the composition percentage of both Contaminants and Divertible Food Scraps/Yard Trimmings Waste in the sample. To determine the ratio of prohibited Contaminants in the sample, divide the total net weight of prohibited Contaminants by the total weight of the sample. To determine the ratio of Divertible Food Scraps/Yard Trimmings in the sample, divide the total net weight of the Food Scraps/Yard Trimmings by the total weight of the sample.
Sorting Categories: Materials shall be sorted into the categories below and shall be weighed:
Processing Facility Category 1 – Materials Accepted at the City-approved Composting Facility in Article 6 of the Agreement
Processing Facility Category 2 - Contamination: Materials that are considered Contamination and that are not accepted by the City-approved Composting Facility in Article 6 of the Agreement.
Category 1 acceptable materials include: Food Scraps, Food Soiled Paper, Yard Trimmings, prunings, leaves, other Yard Trimmings, grass clippings and all other acceptable materials listed under the category “Co-Collected Food Scraps/Yard Trimmings” and “Source-separated Food Scraps” in Attachment B, Section 6.
Category 2 non-acceptable material types include: MSW, Recyclable Materials, glass, plastics, and all other material types listed as “Contamination” for Food Scraps/Yard Trimmings and Source-separated Food Scraps in Attachment B, Section 6.
Exhibit N-3 includes the characterization data collection sheet that shall be used during these characterization studies.
The Category 2 non-accepted materials shall also be separated manually and weighed by material type (e.g. plastics, glass, metals, non-compostable packaging, etc.). The type and weight of each non-Divertible material type shall be recorded and carefully photodocumented and included in the Contractor’s report to the City. Non-recoverable nonorganic contaminants found in the samples shall be photographed and noted to include in future outreach materials to remind Customers of the prohibition of these materials in the Recyclable stream.
Analysis: The results of the samples shall then be used to produce a characterization that shall be used to establish the percentage Diversion and the amount of Contaminants for the City’s Co-Collected Food Scraps/Yard Trimmings and Source-separated Food Scraps routes. This characterization process shall be repeated twice annually to establish the next six-months’ tonnage allocation (e.g. percent Diverted and percent that is Contaminants) to account for seasonal fluctuations. Said tonnage allocation shall be
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used in, and included in, the tonnage reports described in Attachment K. Contractor shall apply the average of the results of each waste characterization to the Attachment K tonnage reports and include this average calculation in its report. For example, if it is the fourth characterization and the diversion rate was 75% and the previous three characterization results where 85%, 90%, and 80%, the diversion rate applied to the Attachment K reports for the next 6-month period would be 82.5% ((85%+90%+80%+75%)/4).
In the case of a significant rain event, characterizations of Co-Collected Food Scraps/Yard Trimmings and Source-separated Food Scraps shall be delayed until dry conditions have returned for a one (1) week period and Contractor shall immediately notify the City of the delay, the reason for the delay and of the new characterization date(s).
Calculating Density on Service: For purposes of determining the average density of Cocollected Food Scraps/Yard Trimmings, Source-separated Yard Trimmings, and/or Source-separated Food Scraps Collected, and as a metric to evaluate Collection efficiencies and Cart capacity utilization, the Contractor shall perform the following calculation for both Source-separated Food Scraps, Source-separated Yard Trimmings, and/or Co-collected Food Scraps/Yard Trimmings (as applicable).
The net tonnage of the Co-collected Food Scraps/Yard Trimmings, Sourceseparated Yard Trimmings, and/or Source-separated Food Scraps Collected in the sampled trucks (or sampled Carts) shall be calculated by dividing by the total tons Collected of Co-collected Food Scraps/Yard Trimmings, Source-separated Yard Trimmings, and/or Source-separated Food Scraps by the total on-service cubic yards Collected to calculate a density for this stream. The results shall be recorded and reported in the audit.
For example, if one (1) load sampled weighed a total of 5 Tons and was Collected from 100 cubic yards on service, the average “material on service density” for this stream would be 100 lbs. per cubic yard. Cubic yards on service shall be calculated using actual route data (i.e. if one route sampled collected 100 64-gal Carts, the yards on service for that route would be 6400 gallons, of 31.7 cubic yards).
Reporting: Contractor shall submit a written report to the City semi-annually beginning with Contractor’s Quarterly report in Quarter 1, 2027. The report will summarize the results of the characterization study, including a summary of characterization results; the measured weights for each commodity or category; the percent of each commodity/category found in each sample and in aggregate; a description and photographs of the types of Contaminants materials found during the characterization study; the average density on-service for the materials sampled (i.e. load weights divided by yards serviced); locations where the samples were collected; and any other data requested by the City. Upon approval by the City, the results of the characterization study shall be applied to the Tons delivered to the Co-collected Food Scraps/Yard Trimmings, Source-separated Yard Trimmings, and/or Source-separated Food Scraps Facility and Tons of Contaminants delivered to the Landfill from the Co-collected Food Scraps/Yard
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Trimmings, Source-separated Yard Trimmings, and/or Source-separated Food Scraps in subsequent monthly reports and shall be in effect until the results of the next characterization study are approved by the City.
1c. Characterization Protocol for MSW Being Delivered to Disposal Site The following protocol will be used to conduct characterizations of MSW at the Citydesignated Disposal Site for MSW where the following material components are disposed:
• Residential Stream - MSW component
• Residential Estate Stream - MSW component
• Commercial Stream - MSW component
• Multi-Family Stream - MSW component
Timing: Characterization studies shall be conducted two (2) times each year of Agreement for both the Residential, Commercial and Multi-Family MSW streams so that each study selects a sample during the ‘high season’ (April through September) and during the low season (October through March) as shown in the table provided as Exhibit N-1 to this Attachment. (Note: The quarters refer to calendar year quarters as noted in the footnote in Exhibit N-1). The first characterizations of both Residential, Commercial, and Multi-Family MSW shall take place beginning Quarter 1, 2027. The timing for when the characterization studies are conducted shall be staggered so that after two (2) years, two (2) Residential MSW characterization, two (2) Commercial MSW, and (2) Multi-Family MSW characterization shall have taken place during each calendar quarter, with two (2) characterizations completed during the high season (Quarters 2 and 3) and two (2) during the low season (Quarters 1 and 4).
Residential and Estate timing example: For example, for Calendar Year 2027 (1/1/2027 – 12/31/2027), the Contractor shall conduct one (1) Residential/Estate characterization study of the MSW stream in Calendar Quarter 1, 2027 (low season) and one (1) during Calendar Quarter 3, 2027 (high season). During Calendar Year 2028 (1/1/2028 – 12/31/2028), the Contractor shall conduct one (1) characterization study of the Residential MSW stream in Calendar Quarter 2, 2028 (high season) and Calendar Quarter 4, 2028 (low-season).
Commercial timing example: For example, for Calendar Year 2027 (1/1/2027 – 12/31/2027), the Contractor shall conduct one (1) Commercial characterization study of the Commercial MSW stream in Calendar Quarter 1, 2027 (low season) and one (1) during Calendar Quarter 3, 2027 (high season). During Calendar Year 2028 (1/1/2028 – 12/31/2028), the Contractor shall conduct one (1) characterization study of the Commercial MSW stream in Calendar Quarter 2, 2028 (high season) and Calendar Quarter 4, 2028 (low-season).
Multi-Family timing example: For example, for Calendar Year 2027 (1/1/2027 – 12/31/2027), the Contractor shall conduct one (1) Multi-family characterization study of
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the MSW stream in Calendar Quarter 1, 2027 (low season) and one (1) during Calendar Quarter 3, 2027 (high season). During Calendar Year 2028 (1/1/2028 – 12/31/2028), the Contractor shall conduct one (1) characterization study of the Multi-family MSW stream in Calendar Quarter 2, 2028 (high season) and Calendar Quarter 4, 2028 (low-season).
These dates shall be adjusted based on the date of the City’s issuance of the Multi-Family Property’s Certificate of Occupancy.
Please see Exhibit N-1. for the schedule of characterization studies that shall be conducted during the Term of the Agreement.
Methodology:
Sample Selection Methodology – Residential MSW: For each characterization study, loads shall be sampled only from the Residential MSW stream. Since the Contractor provides back-yard services (BYS) to all Residential accounts, the sampling collection methodologies included below must be closely coordinated with Collection operations to ensure the sampling team has access to Carts in Residents’ side and back-yards.
Each characterization shall be done by hand (i.e. a manual sort not a mechanized sort) and total load weights shall be established for each load sampled. One sample shall represent the entirety of the contents of a Residential MSW Cart. Samples shall be collected on the regular service day of the route being sampled. Contractor shall sample only full Carts. A ‘full’ Cart is defined as seventy-five percent (75%) or more Cart capacity utilization. Sample shall be collected using one of the following options:
1) a box truck;
2) a flat-bed vehicle, or;
3) a dedicated back-yard service (BYS) during the service day for that geographic area that only collects samples for the purposes of conducting the characterization study.
NOTE: If Contractor is using a box truck or flat-bed vehicle to collect samples and will be removing the Cart from the premises (options 1 and 2 above), Contractor shall immediately replace each full Residential Cart that is Collected, with a clean Cart of the identical size, type and color. The clean replacement cart will include a ‘hang-tag’ notifying the resident that their Cart was taken by Contractor and replaced with an identical Cart on the day(s) the characterization study and the reason why the Contractor is conducting the MSW characterization. The notice(s) shall include Contractor’s telephone number, web site address, assurances that any of the Residents’ private information that may be found in the Cart will be kept confidential by Contractor, and at least one (1) social media method for Residents to obtain additional information, ask questions and receive answers from Contractor concerning the characterization. The protocols described herein for Cart removal and ‘hang tags’ are not required if the Contractor chooses to collect samples using option 3 above (a dedicated BYS collection vehicle to collect samples). If Option 3 is selected, and the requisite number of samples cannot fit into a single BYS vehicle, the Contractor will be required to consolidate the contents of the full Carts that will be sampled
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during the waste characterization into a roll-off box or front-end loader for transport to the sorting location.
Residential Estate sampling protocol: For each Residential Estate characterization study, loads shall be sampled only from MSW stream Collected from Estate Residences.
Residential Estate Customers generate large volumes of Materials and make use of both Carts and Bins for collection. To collect samples for Residential Estate Characterizations, Contractor shall service only Residential Estate Customers along a regularly scheduled route. The segregated load containing MSW collected from Residential Estates shall be taken to a facility and dumped on the tipping floor to be sorted, as described in the ‘Sorting Protocol’ section.
Commercial MSW sampling protocol: For each Commercial characterization study, loads shall be sampled only from MSW Materials Collected from Commercial Businesses.
To collect samples for Commercial Waste Characterizations, Contractor shall service only Commercial Bin Customers along a regularly scheduled route. The segregated load containing MSW collected from Commercial Premises shall be taken to a facility and dumped on the tipping floor to be sorted, as described in the ‘Sorting Protocol’ section.
Multi-Family MSW sampling protocol: For each Multi-Family characterization study, loads shall be sampled only from MSW Materials Collected from Multi-Family accounts.
To collect samples for Multi-Family Waste Characterizations, Contractor shall service only Multi-Family Bin Customers along a regularly scheduled route. The segregated load containing MSW collected from Multi-Family Premises shall be taken to a facility and dumped on the tipping floor to be sorted, as described in the ‘Sorting Protocol’ section.
Multi-Family specific sampling will begin within nine months of the date of the City’s issuance of the Multi-Family property’s Certificate of Occupancy.
Sample Selection Protocol for Residential, Commercial, and Multi-Family Containers:
The following number of samples (i.e. full Carts or Bins) per sampled route shall be Collected as applicable to the sizes of San Marino routes:
1. For routes that service less than 1,500 generators per week the study shall include a minimum of 25 samples.
2. For routes that service 1,500-3,999 generators per week the study shall include a minimum of 30 samples.
The characterizations shall include samples taken from different areas in the City along the sampled route that are representative of the City’s MSW stream. Samples (i.e. full Carts) may be gathered on a single day or on multiple service days over the course of the week provided the above-described total samples are collected from the route. A minimum of thirty (30) calendar days in advance of each characterization, Contractor shall provide City with a list and/or map of Residences, Estate Residences, Commercial
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Businesses, or Multi-Family Properties (with addresses) identified for sampling during the upcoming characterization in order for City to review and make sure the samples will be taken from different areas of the City as described herein.
Sorting protocol: All MSW collected for sampling must be transported to a sorting area at a permitted solid waste facility where the presence of prohibited Contaminants in the MSW are measured to determine the ratio of prohibited Contaminants present by type and weight. To determine the ratio of prohibited Contaminants after the field sample selection process is complete, the Contractor shall use the following protocol:
1. Take one sample of at least 200 pounds from the material collected from the MSW stream for sampling (e.g. a 200-pound sample taken from the contents of all of the MSW Carts collected for sampling).
2. The 200-pound sample shall be randomly selected from different areas of the pile of MSW. MSW shall be collected for sorting from the sample pile using a grid method and shall be hand collected. The grid method assigns an imaginary XY axis over the load after it is dumped on the tipping floor. Four random number pairings between 0-20 (for the long dimension of the load i.e. length) and 0-10 (for the shorter dimension of the load i.e. width) shall be generated to identify the location of the samples on the load. Each sample shall weigh at least 50 lbs. and shall be collected by hand in a 60- to 90-gallon Carts.
3. For the 200-pound sample, remove any prohibited Contaminants and sort materials by the four categories indicated below (Categories 1, 2, 3, and 4). Place Contaminants and sorted materials into separate Carts. Determine the weight of each category type by weighing each Cart and deducting the Cart tare weight.
Note the gross weight and net weight for each category manually using the worksheet provided in Exhibit N-4.
4. Calculate the composition percentage of each category in the sample by dividing the total net weight of each category by the total weight of the sample.
Sorting Categories: Materials shall be sorted into the categories below and shall be weighed:
Category 1: Food Scrap or Yard Trimmings materials accepted in the Co-collected Food Scrap/Yard Trimmings program as listed in Attachment B, Section 6.
Category 2: Recyclable Materials accepted in the Recyclable Materials Collection program as listed in Attachment B, Section 6.
Category 3: Non-recoverable MSW
Category 4: HHW, E-waste, U-waste, automobile parts and other materials that should not be placed in the MSW Cart
Analysis: The results of the samples shall then be used to produce a characterization that shall be used to assess the recoverability of materials in the MSW Cart.
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Calculating Density on Service: For purposes of determining the average densities of MSW Collected, and as a metric to evaluate Collection efficiencies and Cart capacity utilization, the Contractor shall perform the following calculation:
The net tonnage of MSW Collected in the sampled trucks (or Carts) shall be calculated by dividing by the total tons Collected of MSW by the total on-service cubic yards Collected to calculate a density for the MSW stream and the results shall be recorded and reported in the audit.
For example, if one (1) load sampled weighed a total of 5 Tons and was Collected from 1000 cubic yards on service, the average “material on service density” for the MSW stream would be 100 lbs. per cubic yard. Cubic yards on service shall be calculated using actual route data (i.e. if one route sampled collected 100 64-gal carts, the yards on service for that route would be 6,400 gallons, or 31.7 cubic yards).
Exhibit N-4 includes the characterization data collection sheet that shall be used for the MSW characterization studies.
Reporting: Contractor shall submit a written report to the City semi-annually beginning with Contractor’s Quarterly report in Quarter 1, 2027. The report will summarize the results of the characterization study, including a summary of the characterization results; the measured weights for each commodity or category; the percent of each commodity/category found in each sample and in aggregate; locations where the samples were collected; a description and photographs of the types of Contaminants found during the characterization study; the average on-service density for the materials sampled (i.e. load weights divided by yards serviced); and any other data requested by the City.
1.d. Requirements If Contamination Exceeds 25%
NOTE: Pursuant to the SB 1383 regulations, Contractor is required to take the actions described herein if contamination exceeds 25%. In the event contamination exceeds the contamination caps described in Article 10 of the Agreement, Contractor and the City shall follow the procedures described in Article 10 until contamination is reduced to the required level listed in Article 10.
If the sampled weight of prohibited Contaminants exceeds twenty-five percent (25%) of the measured sample for any material type (MSW, Recyclable Materials and/or Food Scraps/Yard Trimmings), the Contractor shall perform the following:
(A) Notify all Residents and/or Commercial/Multi-Family Customers on the sampled Collection route(s) of the requirement to properly separate materials into the appropriate Carts. The Contractor may provide this information by placing a notice on the Residents’ Cart(s), gate, or door, and/or by mail, e-mail, or electronic message to
ATTACHMENT N
Attachment N Page 21 of 35
the Resident. All notifications distributed to Residents and the method of distribution must be approved by the City prior to distribution.
1e. Characterization Methodology for C&D Processing Facilities Twice annually beginning January 2027 and July 2027, Contractor shall report facilitywide Diversion rates for all C&D Processing Facilities used by the Contractor. The Contractor shall provide facility-wide Diversion rate data and a written explanation, including calculations, of how the Diversion rate was calculated. The City may request source documentation supporting the facility-wide Diversion rate. Upon request by the City, the Contractor shall conduct a weight-based characterization study for materials Collected by Contractor in the City and delivered to the Contractor’s C&D Processing Facility over the course of a five (5) day period. The Contractor shall manually sort the contents of each of the C&D loads originating in the City by commodity types (including, at a minimum, Wood, concrete, asphalt, drywall/gypsum, bricks, metals, dirt, Yard Trimmings, and grubbing material) and weigh the separated commodities to calculate the Diversion rate.
Reporting: Contractor shall submit a written report to the City semi-annually beginning with the Q1 2027 and Q3 2027 quarterly reports. The report shall summarize the results of the characterization study, including a roll-up of all five (5) days of characterization results; the measured weights for each commodity or category; the percent of each commodity/category found in each sample and in aggregate; a description and photographs of the types of Residue materials found during the characterization study; the average on-service density for the materials sampled (i.e. load weights divided by yards serviced); and any other data requested by the City. Upon approval by the City, the results of the characterization study shall be applied to the Tons delivered to the C&D Processing Facility and Tons of Residue delivered to the Landfill in subsequent monthly reports and shall be in effect until the results of the next characterization study are approved by the City.
ATTACHMENT N
Attachment N Page 22 of 35
2. Assessment of Minimum Performance Standards for SB 1383 Program Implementation
As described in Article 10 of the Agreement, in order for City to comply with SB 1383, (1) Diversion Programs required by the Agreement must be fully implemented and maintained throughout the Term, and (2) Contamination levels must be minimized in all streams of materials Collected by Contractor. This Section includes the assessment methodologies used to determine if the minimum performance standards included in Article 10 have been achieved. Section 2.1. includes the methodology to assess the percentage of SB 1383 Diversion programs that have been fully implemented by Contractor as required by Section 10.02 of the Agreement. Section 2.2. includes the methodology to assess the level of Contamination achieved by Contractor as required by Section 10.01 of the Agreement.
2.1 Assessment of Percentage of SB 1383 Diversion Programs Fully Implemented as Required by Section 10.02.A
For purposes of the minimum level of program implementation standards described in Article 10 of the Agreement, Contractor is required to have fully implemented SB 1383- compliant Diversion programs at 95% or more of all Commercial and Multi-Family Premises by December 31, 2027. Evaluation of the percentage of fully implemented SB1383-compliant Diversion Programs at said Premises shall be conducted by the City annually thereafter according to the same schedule. The City will evaluate Contractor’s performance to determine whether or not the minimum level of Diversion program implementation has been achieved during the time periods set forth in Article 10. To evaluate Contractor’s performance, the City will review the Red/Green Tracking Spreadsheet and/or CRM System, time and work logs of the Recycling Coordinator, all the Monthly, Quarterly, and Annual Reports, listed in Attachment K, submitted by Contractor up to and including the Monthly Report for December 2027. The City, in its sole discretion, may also conduct site visits at Customers’ Premises to determine whether Contractor has achieved the minimum required Diversion program implementation. The site surveys will determine whether the required SB 1383 program(s) is/are in place, and whether the Customer is fully participating in the program(s). In order for a Customer’s program to be found to be “fully implemented”, Contractor must have completed all steps for program implementation listed in Section 3.7 of Attachment B to the satisfaction of City. Data gathered at each site by the City may include:
• Capacity utilization (i.e. Bin/Cart percent full by volume) • Percentage, by volume, of Recyclable Materials and Food Scraps found in each Bin/Cart
• Percentage, by volume, of MSW found in the Recyclable Materials, SourceSeparated Food Scraps, and/or Food Scrap and/or Yard Trimmings Bin/Cart(s) • Percentage, by volume, of Divertible Food Scraps and of Recyclable Materials found in the MSW Bin/Cart (percentage of each material)
ATTACHMENT N
Attachment N Page 23 of 35
• Serial numbers or bar code numbers on the Bins/Carts
• Date of site visit
• Photo number(s)
• Any other notable observations.
2.2 Assessment of Minimum Performance Standards for Contamination Levels Achieved by Contractor as Required by Section 10.01 of the Agreement To determine whether Contractor has met the minimum performance standards for the time periods described in Article 10.01, the City will utilize the assessments described below.
A summary of the timing is included below.
Maximum Levels of Composite Contamination Required for the period of January 1, 2028 – December 31, 2029: As described in Section 10.01 of the Agreement, between January 1, 2028 – December 31, 2029, Residential, Commercial and Multi-Family Contamination levels for Recyclable Materials, Co-Collected Food Scraps/Yard Trimmings, Source-separated Food Scraps, and MSW shall be maintained at or below 30%. The City will evaluate the level of Contamination achieved by Contractor using the composite Contamination levels from regularly-scheduled characterizations conducted between January 1, 2028 and December 31, 2029 of all 3 streams from all 3 collection sectors. Refer to the table in Section 2.2.1 for the dates when these assessments occur for Calendar Years 2028 and 2029.
Maximum Levels of Composite Contamination Required for period of January 1, 2030 – December 31, 2030, and annually thereafter until 2033: As described in Section 10.01 of the Agreement, between January 1 – December 31, 2030, and annually thereafter, Residential, Commercial and Multi-Family Contamination levels for Recyclable Materials, Co-Collected Food Scraps/Yard Trimmings, Source-separated Food Scraps, and MSW shall be maintained at or below 25%. The City will evaluate the level of Contamination achieved by Contractor using the composite contamination levels from regularlyscheduled characterizations conducted between January 1, 2030 and December 31, 2030 of all 3 streams from all 3 collection sectors, and then annually thereafter Refer to the table in Section 2.2.2 for the dates when these assessments occur for Calendar Years 2030, 2031, 2032, and 2033.
Maximum Levels of Composite Contamination Required for Multi-Family Properties:
Timeframes for multi-family property compliance
ATTACHMENT N
Attachment N Page 24 of 35
2.2.1 Assessment of 30% Maximum Levels of Container Contamination a. Between January 1 – December 31, 2028, using the protocols included in Subparts 1a, 1b and 1c of this Attachment N, the Contractor will conduct regular, recurring weight-based characterization studies of the following materials streams to determine the level of Contamination and whether Contractor has exceeded the 30% Maximum Levels of Contamination. The characterizations shall be conducted by Contractor as normally scheduled per this Attachment N. The 30% Maximum Levels of Contamination (maximum allowed Contamination by weight) are included below for each stream:
1. Residential/Estate
a. Maximum Level of Contamination Recyclables: 30%
b. Maximum Level of Contamination MSW: 30%. (Note:
The 30% Contamination Maximum includes the
combined weight of Recyclable Materials, Yard
Trimmings and Food Scraps found in MSW)
c. Maximum Level of Contamination Co-Collected Food
Scraps/Yard Trimmings: 30%
2. Commercial/Multi-Family
a. Maximum Level of Contamination Recyclables: 30%
b. Maximum Level of Contamination MSW: 30%. (Note:
The 30% Contamination Maximum includes the
combined weight of Recyclable Materials, Yard
Trimmings and Food Scraps found in MSW)
c. Maximum Level of Contamination Source-separated
Food Scraps: 30%
NOTE: The Contractor is required to conduct waste characterizations beginning Calendar Year 2027. However, the results of these waste characterizations will not be used to evaluate the Contractor’s attainment of the maximum contamination rate by stream, as described in Article 10 of the Agreement, and instead be useful in tracking streams and sectors with high-levels of contamination that will need targeted outreach to bring contamination within acceptable ranges for the assessments that begin in 2028.
b. The City, or its representative, may be present for these characterization studies to verify that the Contractor has properly conducted the characterization studies, and to observe the calculations, weighing of materials and the results of the characterization. Contractor shall provide no less than 30-days advance notice to the City of the dates for each characterization. Contractor shall submit the results of the Calendar Year 2028 characterizations on a quarterly basis as described in Section 1 of this Attachment N. On or before December 31, 2028, Contractor shall submit the aggregated results of the characterizations conducted on the three
ATTACHMENT N
Attachment N Page 25 of 35
Residential streams for the period January 1 – December 31, 2028; the aggregated results of the three characterizations conducted on the three Commercial streams for the period January 1 – December 31, 2028 and the aggregated results of the characterizations conducted on the three MultiFamily streams for the period January 1 – December 31, 2028 (if activated) showing the total annual composite Contamination levels for each stream.
Refer to Exhibit N-5 for the protocol for calculating the composite Contamination levels. City will notify Contractor of its decision about which Contamination levels have been achieved and which, if any, have not been met, on or before April 1, 2029.
c. If Contractor has exceeded any of the 30% Maximum Levels of Container Contamination, the following process shall be followed. For any stream (MSW, Recyclable Materials and/or Co-Collected Food Scraps/Yard Trimmings) where the characterization study showed that the 30% Maximum Contamination level was exceeded, the Contractor may, at Contractor’s sole expense, conduct one (1) additional characterization study for each of the streams that exceeded 30% on or before May 15, 2029. The City or its representative shall be notified by Contractor no less than 30 calendar days in advance of the date(s) when each additional characterization is scheduled so City representatives or staff can be present to verify that the Contractor has properly conducted the additional characterization study(ies), and to observe the calculations, weighing of materials and the results of the characterization. The results of the additional characterization shall be averaged with the results of the 2 previous year’s original regularly-scheduled characterizations of the same material stream to calculate a composite Contamination percentage that includes the results of the three characterizations for the specific stream (i.e. MSW, Recyclable Materials, or Co-collected Food Scraps/Yard Trimmings). Refer to Exhibit N-7 for the protocol for calculating the composite Contamination levels. All subsequent, additional characterization studies for those streams(s) exceeding the 30% Maximum Contamination level(s) must be completed on or before May 15, 2029, and the results submitted to the City on or before June 1, 2029.
i. Example: The Contractor completed its characterization of the Recyclable Materials (or Co-collected Food Scraps/Yard Trimmings, Source-Separated Food Scraps or MSW) for the period January 1 – December 31, 2028 and found a Contamination rate in excess of 30% for one or more of the streams. The Contractor could conduct one (1) additional characterization study of each of the stream(s) that exceeded the 30% Contamination level on or before May 15, 2029 and submit the results to the City on or before June 1, 2029. d. Repeat above steps for Calendar Year 2029 using the timelines shown in the table below.
ATTACHMENT N
Attachment N Page 26 of 35
e. City will notify Contractor of its decision about which Contamination levels have been achieved and which, if any, have not been met, for Calendar Year 2029 on or before July 1, 2030.
Calendar
Year
Period during
which Contractor
will conduct
regularly
scheduled Waste
Characterizations
for use in
assessing
attainment of
maximum of 30%
Contamination
levels (Step a
above)
Deadline to
calculate
composite
Contamination
levels using
the protocol in
Exhibit N-7
and submit
results to the
City (Step a)
City Notifies
Contractor if
Any Streams
had
Contamination
Above 30%
(Step b)
Deadline to
Recharacterize
streams with
Contamination
above 30%
(Step c)
Deadline to
submit recharacterization
results to City
(Step c)
Deadline for
City to notify
Contractor
whether
Contamination
levels at or
below the
required 30%
have been
achieved
2028 January 1 –
December 31,
2028
December 31,
2028
April 1, 2029 May 15, 2029 June 1, 2029 July 1, 2029
2029 January 1 –
December 31,
2029
December 31,
2029
April 1, 2030 May 15, 2030 June 1, 2030 July 1, 2030
2.2.2. Assessment of 25% Maximum Level of Container Contamination a. During Calendar Year 2030 (January 1 – December 31, 2030), and each year thereafter, using the protocols included in Subparts 1a, 1b and 1c of this Attachment N, the Contractor will conduct regular, recurring weight-based characterization studies of the following materials streams to determine the level of Contamination and whether Contractor has exceeded the 25% Maximum Levels of Contamination. The characterizations shall be conducted by Contractor during each Contract Year, as normally scheduled per this Attachment N. The 25% Maximum Levels of Contamination (maximum allowed Contamination by weight) are included below for each stream:
3. Residential/Estate
a. Maximum Levels of Contamination Recyclables: 25%
b. Maximum Levels of Contamination MSW: 20%. (Note:
The 25% Contamination Maximum includes the
combined weight of Recyclable Materials, Yard
Trimmings and Food Scraps found in MSW)
c. Maximum Levels of Contamination Co-Collected Food
Scraps/Yard Trimmings: 25%
4. Commercial/Multi-Family
a. Maximum Levels of Contamination Recyclables: 25%
b. Maximum Levels of Contamination MSW: 20%. (Note:
The 25% Contamination Maximum includes the
combined weight of Recyclable Materials, Yard
Trimmings and Food Scraps found in MSW)
ATTACHMENT N
Attachment N Page 27 of 35
c. Maximum Levels of Contamination Source-separated
Food Scraps: 25%
b. The City, or its representative, may be present for these characterization studies to verify that the Contractor has properly conducted the characterization studies, and to observe the calculations, weighing of materials and the results of the characterization. Contractor shall provide no less than 30-days advance notice to the City of the dates for each characterization. Contractor shall submit the results of the Calendar Year 2030 characterizations on a quarterly basis as described in Section 1 of this Attachment N. On or before December 31, 2030 and each December 31st thereafter, Contractor shall submit the aggregated results of the characterizations conducted on the three Residential streams in the previous Calendar Year, the aggregated results of the six characterizations conducted on the three Commercial streams, and the aggregated results of the characterizations conducted on the three Multi-Family streams in the previous Calendar Year (if activated) showing the total annual composite Contamination levels for each stream. Refer to Exhibit N-7 for the protocol for calculating the composite Contamination levels. City will notify Contractor of its decision about which Contamination levels have been achieved and which, if any, have not been met, on or before April 1, 2031 beginning with Calendar Year 2030 and each April 1 thereafter.
c. If Contractor has exceeded any of the 25% Maximum Levels of Container Contamination, the following process shall be followed. For any stream (MSW, Recyclable Materials and/or Co-Collected Food Scraps/Yard Trimmings) where the characterization study showed that the 25% Maximum Contamination level of was exceeded, the Contractor may, at Contractor’s sole expense, conduct one (1) additional characterization study for each of the failed streams on or before May 15, 2031 and each May 15 thereafter. The City or its representative shall be notified by Contractor no less than 30 calendar days in advance of the date(s) when each additional characterization is scheduled so City representatives or staff can be present to verify that the Contractor has properly conducted the additional characterization study(ies), and to observe the calculations, weighing of materials and the results of the characterization.
The results of the additional characterization shall be averaged with the results of the 2 previous year’s regularly-scheduled characterizations of the same material stream to calculate a composite Contamination percentage that includes the results of the three characterizations for the specific stream (i.e.
MSW, Recyclable Materials, or Co-collected Food Scraps/Yard Trimmings).
Refer to Exhibit N-5 for the protocol for calculating the composite Contamination levels. All subsequent, additional characterization studies for those streams(s) exceeding the 25% Maximum Contamination level(s) must be completed on or before May 15, 2031, and May 15th of each year thereafter, and the results submitted to the City on or before June 1, 2031, and June 1 of each year thereafter.
ii. Example: The Contractor completed its characterization of the Recyclable Materials (or Co-collected Food Scraps/Yard Trimmings
ATTACHMENT N
Attachment N Page 28 of 35
or MSW) for Calendar Year 2030 (January 1 – December 31, 2030) and found a Contamination rate in excess of 25% for one or more of the streams. The Contractor could conduct one (1) additional characterization study of each of the stream(s) that exceeded the 25% contamination level on or before May 15, 2031 and submit the results to the City on or before June 1, 2031.
d. City will notify Contractor of its decision about which Contamination levels have been achieved and which, if any, have not been met, on or before July 1, 2031, and each July 1 annually thereafter.
e. Repeat above steps for Calendar Years 2031, 2032, 2033 using the timelines shown in the table below. Note: The evaluation will not be performed in the final year of the Agreement.
Calendar
Year
Period during
which Contractor
will conduct
regularly
scheduled Waste
Characterizations
for use in
assessing
attainment of
maximum 25%
contamination
levels (Step a
above)
Deadline to
calculate
composite
contamination
levels using
the protocol in
Exhibit N-7 and
submit results
to the City
(Step a)
City Notifies
Contractor if
Any Streams
had
Contamination
Above 25%
(Step b)
Deadline to
Recharacterize
streams with
contamination
above 20%
(Step c)
Deadline to
submit recharacterization
results to City
(Step c)
Deadline for
City to notify
Contractor
whether
Contamination
levels at or
below the
required 25%
have been
achieved
2030 January 1 –
December 31, 2030
December 31,
2030
April 1, 2031 May 15, 2031 June 1, 2031 July 1, 2031
2031 January 1 –
December 31, 2031
December 31,
2031
April 1, 2032 May 15, 2032 June 1, 2032 July 1, 2032
2032 January 1 –
December 31, 2032
December 31,
2032
April 1, 2033 May 15, 2033 June 1, 2033 July 1, 2033
2033 January 1 –
December 31, 2033
December 31,
2033
April 1, 2034 May 15, 2034 June 1, 2034 July 1, 2034
ATTACHMENT N
Attachment N Page 29 of 35
Exhibit N-1: Schedule of Characterization Studies to be Conducted During the Term of the Agreement
Calendar Year
2026 2027 2028** 2029** 2030** 2031** 2032** 2033** 2034 2035 1/1 -
12/31/2026
1/1 -
12/31/
2027
1/1 -
12/31/
2028
1/1 -
12/31/
2029
1/1 -
12/31/
2030
1/1 -
12/31/
2031
1/1 -
12/31/
2032
1/1 -
12/31/
2033
1/1 -
12/31/
2034
1/1 -
12/31/
2035
RESIDENTIAL
SS RECYC POST PILOT
(Q2)
Q1
(LOW),
Q3
(HIGH)
Q2
(HIGH),
Q4
(LOW)
Q1
(LOW),
Q3
(HIGH)
Q2
(HIGH),
Q4
(LOW)
Q1
(LOW),
Q3
(HIGH)
Q2
(HIGH),
Q4
(LOW)
Q1
(LOW),
Q3
(HIGH)
YT/ FS POST PILOT
(Q2)
Q1
(LOW),
Q3
(HIGH)
Q2
(HIGH),
Q4
(LOW)
Q1
(LOW),
Q3
(HIGH)
Q2
(HIGH),
Q4
(LOW)
Q1
(LOW),
Q3
(HIGH)
Q2
(HIGH),
Q4
(LOW)
Q1
(LOW),
Q3
(HIGH)
MSW
PILOT
BASE-LINE
(Q1); POST
PILOT
(Q2)
Q1
(LOW),
Q3
(HIGH)
Q2
(HIGH),
Q4
(LOW)
Q1
(LOW),
Q3
(HIGH)
Q2
(HIGH),
Q4
(LOW)
Q1
(LOW),
Q3
(HIGH)
Q2
(HIGH),
Q4
(LOW)
Q1
(LOW),
Q3
(HIGH)
COMMERCIAL /MULTIFAMILY
SS RECYC
Q1
(LOW),
Q3
(HIGH)
Q2
(HIGH),
Q4
(LOW)
Q1
(LOW),
Q3
(HIGH)
Q2
(HIGH),
Q4
(LOW)
Q1
(LOW),
Q3
(HIGH)
Q2
(HIGH),
Q4
(LOW)
Q1
(LOW),
Q3
(HIGH)
FS
Q1
(LOW),
Q3
(HIGH)
Q2
(HIGH),
Q4
(LOW)
Q1
(LOW),
Q3
(HIGH)
Q2
(HIGH),
Q4
(LOW)
Q1
(LOW),
Q3
(HIGH)
Q2
(HIGH),
Q4
(LOW)
Q1
(LOW),
Q3
(HIGH)
MSW
Q1
(LOW),
Q3
(HIGH)
Q2
(HIGH),
Q4
(LOW)
Q1
(LOW),
Q3
(HIGH)
Q2
(HIGH),
Q4
(LOW)
Q1
(LOW),
Q3
(HIGH)
Q2
(HIGH),
Q4
(LOW)
Q1
(LOW),
Q3
(HIGH)
MAXIMUM CONTAMINATION LEVEL 30% 25%
Key
SS = Source-Separated Recyclable Materials
YT/FS = Co-collected Yard Trimmings and Food Scraps
MSW = Municipal Solid Waste
*The quarters referred to in this table follow the calendar year as follows:
Q1 = Jan 1 – March 31
Q2 = April 1 – June 30
Q3 = July 1 – September 30
Q4 = October 1 – December 31
**Assessment of Contamination rate attainment will occur during these contract years and, as such, there will be variations in seasonality scheduling patterns for these Contract Years.
ATTACHMENT N
Attachment N Page 30 of 35
Exhibit N-2: Characterization Form for Recyclable Materials Being Delivered to Clean MRF
ATTACHMENT N
Attachment N Page 31 of 35
Exhibit N-3: Characterization Form for Co-Collected Food Scraps/Yard Trimmings and Source-Separated Food Scraps Being Delivered to Processing Facility
ATTACHMENT N
Attachment N Page 32 of 35
Exhibit N-4: Characterization Form for MSW
ATTACHMENT N
Attachment N Page 33 of 35
Exhibit N-5 – Protocol to Calculate Composite Characterization Contamination Rate for Achievement of Minimum Performance Standards
Table N-5.1: Form to be used to calculate annual composite characterization Contamination rate for each stream:
Scenario 1: 30% Maximum Contamination Level Not Exceeded Table N-5.2: Sample calculations for if maximum Contamination level of 30% is not exceeded.
* Note: The numbers in the sample calculations in this Attachment N are for example only and do not reflect the actual values of the sampling results.
Step 1. Enter weight (in lbs.) of Divertible materials from characterization #1 into Cell A1 and characterization #2 into Cell B1.
Step 2. Enter weight (in lbs.) of Contaminants from characterization #1 into Cell A2 and characterization #2 into Cell B2.
Step 3. Sum sample weight (in lbs.) of Divertible Materials (A1) and Contaminants (A2) from characterization #1 into Cell A3 and sum Divertible Materials (B1) and Contaminants (B2) from characterization #2 in Cell B3.
ATTACHMENT N
Attachment N Page 34 of 35
Step 4. Calculate Contamination rate in row 4 for each characterization by dividing the Contamination weight (A2 characterization #1 and B2 for characterization #2) by the total sample weight (A3 for characterization #1 and B3 for characterization #2). Enter calculated contamination rate into cell A4 for characterization #1 and B4 for characterization #2.
Step 5. Sum weight of Divertible Materials, Contaminants, and Total Sample Weight from characterizations #1 and #2 in column C. Add cell A1 plus cell B1 to calculate total weight of Divertible Materials from both characterizations and enter sum into cell C1. Add cell A2 plus cell B2 to calculate total weight of Contaminants from both characterizations and enter sum into cell C2. Add cell A3 plus cell B3 to calculate Total Sample Weight from both characterizations and enter sum into cell C3.
Step 6. Calculate Total Composite Annual Characterization Percentage in cell C4.
Dividing the combined Contamination weight for characterization #1 and #2 in cell C2 by the total combined sample weights for characterization #1 and #2 in cell C3. Enter composite Contamination percentage into cell C4 for characterization #1 and #2. In the example provided above, no additional supplemental characterizations are needed as the Contractor’s Contamination percentage of 28% did not exceed the maximum contamination level of 30%. This calculation shall be done for all collected streams (MSW, Recyclable Materials, Source-Separated Food Scraps, and Co-Collected Food Scraps/Yard Trimmings) for all three collection sectors (Residential, Commercial, and Multi-Family).
Scenario 2: Maximum Contamination Level Exceeded. Process to Utilize Data from Supplemental Characterizations to Determine if Contamination Level Has been Achieved
Table N-5.3: Sample calculations if 30% maximum Contamination level is exceeded but a supplemental characterization (Column D) is conducted and incorporated into the averages and the 30% contamination level is not exceeded. * Note: The numbers in the sample calculations in this Attachment N are for example only and do not reflect the actual values of the sampling results.
Step 1. Repeat steps 1 - 6 above to calculate Total Composite Annual Contamination percentage in cell C4. If this amount exceeds the maximum Contamination level (in this
ATTACHMENT N
Attachment N Page 35 of 35
case 30%), the Contractor may conduct one (1) supplemental characterization and enter the results into column D to calculate an updated Contamination percentage.
Step 2. Enter weight (in lbs.) of Divertible materials from supplemental characterization into cell D1 and enter weight (in lbs.) of Contaminants from supplemental characterization into cell D2.
Step 3. Sum sample weight (in lbs.) of Divertible Materials (D1) and Contaminants (D2) from supplemental characterization into Cell D3.
Step 4. Calculate Contamination percentage in cell D4 for supplemental characterization by dividing the Contamination weight (cell D2) by the total sample weight (cell D3). Enter calculated contamination percentage into cell D4 for supplemental characterization.
Step 5. Add weight of composite Divertible Materials from cell C1 to Divertible Materials from Supplemental Characterization in cell D1 and enter sum into cell E1. Add weight of composite Contaminants from cell C2 to Contaminants from Supplemental Characterization in cell D2 and enter sum into cell E2. Add weight of total sample from cell C3 to Total Sample Weight from Supplemental Characterization in cell D3 and enter sum into cell E3.
Step 6. Calculate Total Composite Annual Characterization with Supplemental Characterization in cell E4 by dividing the combined Contamination weight for all characterizations in cell E2 by the total combined sample weights for all characterizations in cell E3. Enter composite Contamination percentage into cell E4 for all characterizations. In the example provided above, with the supplemental characterization, the Contractor’s composite Contamination percentage of 29% did not exceed the maximum Contamination level of 30%. This calculation shall be done for all collected streams to determine the Contamination percentage achieved for each stream (MSW, Recyclable Materials, Source-Separated Food Scraps, and Co-Collected Food Scraps/Yard Trimmings) and for each collection Sector (Commercial, Residential, and Multi-Family).
_______________________________________________
8559 SCHAEFER AVENUE
ONTARIO CA 91761
www.rwpmulch.com
PHONE: (909) 868-6882 Toll Free (877) 476-9797
FAX: Accounting (909) 868-0595 Sales (909) 868-1162
______________________________________________
BY E-MAIL to [email protected]
May 19, 2025
Valley Vista Services, Inc.
Attn: David M. Perez, President
17445 E Railroad Street
City of Industry, CA 91748
SUBJECT: CITY OF SAN MARINO REQUEST FOR PROPOSALS
LETTER OF SUPPORT FOR VALLEY VISTA SERVICES
RWP Transfer, Inc. (RWP) is writing in support of Valley Vista Services and their response to the City of San Marino’s Request for Proposals (the “City’s” “RFP”). RWP affirms its interest in receiving and processing the City’s diverted composting feedstock after decontamination at your materials recovery facility Grand Central Recycling & Transfer Station, Inc. (GCR).
At our facility located at 13905 Walker Avenue, Ontario, CA, we are permitted to accept up to 50,000 tons per year, of which we have reserved 150-200 tons per day of material transported from GCR, far exceeding the City’s needs.
Facility Address Capacity (TPY) Diversion
RWP Recycled Wood
Products Ontario 2
(SWIS: 36-AA-0477)
15905 Walker Ave
Ontario, CA 91761 50,000 100%
We look forward to supporting the City and thank them for the opportunity to work together through this RFP. Please contact me for any questions.
Sincerely,
RECYCLED WOOD PRODUCTS
Chris Kiralla
President
[email protected]
9169 W State Street, Suite 710| Boise, Idaho 83714 | 415-463-1333 May 19, 2025
Mr. David Perez
President
Valley Vista Services, Inc.
17445 E Railroad Street
City of Industry, CA 91728
Re: San Marino RFP
Sevana Bioenergy is writing in support of Valley Vista Services (VVS) in their response to the San Marino RFP. Sevana Bioenergy has established a partnership with VVS to provide anaerobic digestion capacity as an outlet for landfill-diverted organic waste generated by current and future customers of VVS. This letter provides assurances that Sevana Bioenergy’s organic processing facility in Rialto California has sufficient capacity to process all of San Marino’s organic material in addition to any material that VVS is currently bringing to our facility.
The Rialto Bioenergy Facility is the largest AD facility in the USA with daily capacity exceeding 1,000 tons per day. The Rialto facility can process both liquid and solid organic wet fraction material which is unique in Southern California. Our annual capacity exceeds 300,000 tons per year of organic material processing. We are a CalRecycle Certified facility located at:
Rialto Bioenergy Facility
503 E Santa Ana Ave
Bloomington, CA 92316
Our facility currently injects Renewable Natural Gas (“RNG”) into the SoCal Gas pipeline and all our RNG qualifies as SB1383 RNG available for purchase by VVS or it’s customers to meet SB 1383 Procurement requirements.
We appreciate our shared history of supporting organic waste diversion projects and look forward to the opportunity to work together on this RFP.
Regards,
Jim Philipps
Jim Philipps
VP Sales & Marketing
ATTACHMENT U
Not Used
ATTACHMENT V
Self-Certification Form for Yard Trimmings Recycling
Attachment V Page 1 of 1
Property Name:
Business Address:
Management Address:
Contact/Title:
Contact Phone: E-mail:
Instructions: Please confirm that the information provided in previous years is still correct. Please use the subsequent fields to explain any changes. This will be used to report your property’s compliance status to the State and thus all information must be accurate and reflective of the activities happening on-site. Please complete and return this form by December 31, 2025. All fields below are required to complete.
It was previously reported by the hauler that your property’s landscapers take Yard Trimmings. Please answer the following questions to help the City understand how your property disposes of Yard Trimmings.
Yard Trimmings materials being recycled include (check all that apply):
____ Wood waste
____ Grass clippings/leaves/weeds
____ None/Other - please explain: ___________________________________________________ ___________________________________________________________________________ Our property currently recycles and/or disposes of Yard Trimmings as described:
____ On-site processing through chipping or composting, and re-use on site ____ Self-haul; we deliver Yard Trimmings to a compost, recycling or agricultural facility directly ____ Our landscape maintenance contractor delivers Yard Trimmings to a compost or recycling facility ____ Our Yard Trimmings is collected by the hauler.
____ None/Other - please describe: ___________________________________________________ ___________________________________________________________________________ Green/wood waste is collected by the following haulers/landscapers:
1. _____________________________________________________________________________ Business Name City Phone #
2. _____________________________________________________________________________ Business Name City Phone #
Yard Trimmings is taken to the following locations for recycling or disposal (Must include):
3. ____________________________________________________________________________ Business Name City Phone #
4. ____________________________________________________________________________ Business Name City Phone #
Signature of person filling out this form Date
ATTACHMENT W
Annual Adjustment for Change in City Regulatory Compliance Costs Attachment W Page 1 of 3
ADJUSTMENT FOR CHANGES IN CITY REGULATORY COMPLIANCE COSTS Per Article 14, commencing July 1, 2026 the amount of the Regulatory Compliance Cost shall be adjusted by actual increases or decreases in these costs. The methodologies below demonstrate how these costs will be adjusted.
A. ADJUSTMENT FOR CHANGE IN REGULATORY COMPLIANCE COST (RCC) –
APPLIES ONLY WHEN RCC INCREASES OR DECREASES
Step 1: Calculate the delta between the old Regulatory Compliance Costs (RCC) and the new Regulatory Compliance Costs. For annual adjustments to the RCC, determine the annual change in the fee. Per Contract Section 14.06, the RCC may be increased or decreased based on the actual costs incurred by the City to comply with state regulations. The City will provide the adjusted Regulatory Compliance Cost to Contractor on or before March 1 of each year, beginning on March 1, 2026. The adjusted RCC will reflect actual costs incurred by the City to comply with state regulations regarding solid waste and recycling.
The City, at its sole discretion, may adjust the RCC at any point during the year. In the event that the City adjusts the RCC outside of the annual rate adjustment process (i.e. on January 1 instead of July 1), the same calculation process as described below will apply.
Example assuming an increase in the RCC:
Old RCC = $500,000 per year
New RCC = $550,000 per year
Change in RCC = $50,000 per year
Example assuming a decrease in the RCC:
Old RCC = $500,000 per year
New RCC = $450,000 per year
Change in RCC = ($50,000) per year
ATTACHMENT W
Annual Adjustment for Change in City Regulatory Compliance Costs Attachment W Page 2 of 3
Step 2: Divide the change in the RCC fee by the old Regulatory Compliance Cost.
Example assuming an increase in the RCC:
Old Regulatory Compliance Cost = $500,000 per year
Annual change in the RCC = $50,000
Divide the $50,000 per year change in the RCC by
the current Regulatory Compliance Cost of $500,000
to determine the needed rate adjustment (10% in this
example)
Example assuming a decrease in the RCC:
Old Regulatory Compliance Cost = $500,000 per year
Annual change in the RCC = ($50,000)
Divide the ($50,000) per year change in the RCC by
the current Regulatory Compliance Cost of $500,000
to determine the needed rate adjustment (-10% in this
example)
Step 3: Apply the rate adjustment (increase or decrease) to the Regulatory Compliance Cost component of the rates.
Example assuming an increase in rates:
If the residential Regulatory Cost Compliance component, which was provided with the Contractor’s submittal of
Proposal Form 29 which became Attachment D to the
Contract, is $1/month for a residential recycling cart, multiply $1 by 1.1 to calculate the adjusted Regulatory Cost
Component of the residential recycling cart ($1.10/month).
If the Regulatory Compliance Cost component of a
commercial 3-yard MSW bin 1x/week is $10 per month,
multiply $10 by 1.1 to calculate the adjusted Regulatory Compliance Cost component ($11/month) of the commercial 3-yard MSW bin serviced 1x/week.
ATTACHMENT W
Annual Adjustment for Change in City Regulatory Compliance Costs Attachment W Page 3 of 3
Example assuming a decrease in rates:
If the Regulatory Compliance Cost component of the
residential rate is $1/month, multiply $1 by 0.9 to calculate the adjusted Regulatory Compliance Cost Component of the rate ($0.90/month).
If the Regulatory Compliance Cost component of a
commercial 3-yard MSW bin 1x/week is $10 per month,
multiply $10 by 0.9 to calculate the adjusted Regulatory Compliance Cost component of the rate ($9.00/month).
B. ADJUSTMENT FOR CHANGE IN OTHER CITY FEES
Article 14 states that the City may add other fees as needed throughout the Term. If and when such fees are added, the annual adjustment of such fees shall follow the same protocols and methodologies as presented in this Attachment W for the Regulatory Compliance Costs.
Month May
Week 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4
(Ongoing 1x/month)
Month
Week 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4
(Ongoing 1x/month)
Deliver Interim Bins to Commercial/Estate Customers
Jun-25 Jul-25 Aug-25 Sep-25 Oct-25
Mar-26
Status Meetings with City
Order New Collection Vehicles
Order Electric Collection Vehicles
Mail Residential Cart Surveys & Educational Materials
Community Outreach Meeting (if requested)
Delivery and labeling of new collection vehicles (Through 12/26) Audit Customer Service Levels
Community Outreach Meetings
Mail Welcome Postcard
Launch City-Specific Webpage
Assignment of day-to-day contact
Commercial Field Surveys
Community Outreach Meetings (if requested)
AB 1669 Hiring Process
Troubleshooting
Implementation Activity Nov-25 Dec-25 Jan-26 Feb-26
Mail Welcome Packet
Develop Cart & Bin Labeling
Order New Containers (Commercial & Residential)
Order Backyard Service Satellite Vehicles
Implementation Activity
Customer Service Staffing @ City Hall
Develop Welcome Packet (Welcome letter, rate
sheet/service guide, SB 1383/Waste Sorting Outreach,
Contact information card)
Status Meetings with City
Canvas for customer data
PROPOSAL FORM 19: PENDING LITIGATION AND ASSESSMENT OF LIQUIDATED
DAMAGES
Pending Litigation:
Assessment of Liquidated Damages
NONE.
PROPOSAL FORM 21: FINANCIAL STATEMENTS
The proposer's two most recent audited financial statements are attached under separate sealed envelope marked *CONFIDENTIAL*
The Proposer authorizes the City to contact the financial institutions listed below and to use information provided by them to evaluate the financial and business capability and responsibility of the Proposer.
1. Banking Reference
2. Surety Reference
3. Insurance References
A) General Liability
Name of Insurance Company: AXA XL
B) Workers' Compensation
Name of Insurance Company: CopperPoint/Alaska National
City of San Marino
2024-RFP-0 16
Proposal Due Date: May 2, 2025 IO AM
MUNICIPAL SOLID WASTE SERVICES
ADDENDUM NUMBER I TO REQUEST FOR PROPOSALS
Date: April 12, 2025
MUNICIPAL SOLID WASTE SERVICES
2024-RFP-0 16
A This Addendum shall be considered part of the proposal documents for the above-mentioned project as though it had been issued at the same time and shall be incorporated integrally therewith. Where provisions of the following supplementary data differ from those of the original proposal" documents, this Addendum shall govern and take precedence. BIDDERS MUST SIGN THE ADDENDUM AND SUBMIT IT WITH THEIR PROPOSALS.
B. Prospective proposers are hereby notified that they shall make any necessary adjustments in their estimates as a result of this Addendum. It will be construed that each proposal is submitted with full knowledge of all modifications and supplemental data specified herein.
Except as described below, the original RFP document remains unchanged. The documents are modified and/or clarified as follows:
1. Attachment B �scope of Workn is hereby incorporated into the list of Attachments A-AA to the Draft Solid Waste Agreement.
Acknowledgement Required
PROPOSER MUST ACKNOWLEDGE THIS AMENDMENT BY SIGNING BELOW AND ATTACHING THE SIGNED ADDENDUM TO THE PROPOSAL:
Company Name VALLEY VISTA SERVICES, INC.
Contact Person DAVID M. PEREZ
Amber Shah, PE
Director of Parks and Public Works / City Engineer
City of San Marino
[email protected]
(626) 300-0765
ADDENDUM I
ATTACHMENT Z
Not Used
ATTACHMENT AA
Minimum Required Duties of Recycling Coordinator
Attachment AA Page 1 of 5
Pursuant to Section 8.05.H of the Agreement, Contractor shall provide one (1) Recycling Coordinator working full time (1.0 FTE) for the City of San Marino (herein “Coordinator”) for the entire Term of the Agreement.
Summary of Duties
The Coordinator shall provide waste reduction and Recycling education to Residents and Businesses; support and assist with Processing Facility characterizations described in Attachment N; and perform quantitative analyses of the results of such characterizations. The Coordinator shall provide assistance to the City and Customers with regard to chronic complaints, persistent billing and/or payment issues and disputes, ongoing problems or issues with Diversion program implementation, outreach, Contamination of Recyclable Materials and/or Food Scraps/Yard Trimmings, and other troubleshooting and issues as directed by the City. The Recycling Coordinator shall be responsible for completing reports to the City as required by the Agreement. The Recycling Coordinator shall assist with developing social media posts for distribution via the City’s social media channels as a means to increase participation in, and awareness of, Diversion programs.
The Recycling Coordinator shall possess and demonstrate the following skills, judgment, maturity and experience in performing the duties described herein: (a) understand that successful resolution of complaints, billing disputes and other problems requires excellent listening skills, diplomacy, tact, and perseverance; (b) utilize said skills when interacting with Residents and other members of the public, City staff and City’s agents, commercial customers, and all other Persons; (c) demonstrate enthusiasm when explaining the Diversion programs to Residents, businesses, and other Persons; (d) demonstrate empathy and understanding of Residents’ and businesses’ concerns, problems, gaps in understanding about Diversion programs and utilize creativity and inventiveness to relate information to Residents and businesses to address the issues they express; (e) take a positive, self-starting approach to proactively address potential problems and issues and to resolve such issues and problems; and (f) maintain clear communication with City and City’s agents concerning all work performed.
Primary job responsibilities for the Recycling Coordinator position are:
1. General Duties
a. Spend at least eighty percent (80%) of time in field work (out-ofoffice) providing: outreach to individual Residents, community associations, businesses, multi-family properties; providing on-site inspections; photo documentation of Collection problems and subsequent resolution of problems; discussions with Contractor’s operations and Collection drivers, dispatchers, and other personnel, and Residents or Authorized Customer Representatives (owners and managers) at Customer locations that are experiencing
ATTACHMENT AA
Minimum Required Duties of Recycling Coordinator
Attachment AA Page 2 of 5
difficulties with Collection, billing or other issues; and other duties as needed.
b. Have an understanding of SB 1383 and all AB 939 requirements and how each relates to implementation of Diversion programs. c. Conduct quantitative analyses, including development and use of spreadsheets and databases.
d. Utilize MS Word, MS Excel, and MS PowerPoint to create and deliver professional and informative reports that satisfy the requirements in the Agreement and clearly report and track progress in Diversion programs, problems with Contamination, and pinpoint source(s) of Contamination and/or lack of Customer participation in the Diversion programs and provide and implement solutions.
e. Participate in meetings with City to develop solutions that advance the City’s Diversion objectives.
f. Perform related support duties as required by City.
g. Serve as a community resource with regard to Recycling and Diversion programs.
h. Work in a full and transparent manner with City and its agents in troubleshooting and implementing diversion programs including working on, and providing information on, Processing Facility characterizations, materials processing, materials marketed, prices received, processing costs and challenges for sorting, processing and/or marketing recyclable materials, Compost created from Yard Trimmings and Food Scraps, and markets for other products and by-products of the processing of Diverted materials.
2. Operational Duties
a. Make site visits and/or telephone calls to Customers that have recurring Contamination in any stream(s) (i.e. MSW, Recyclable Materials and/or Food Scraps/Yard Trimmings) and/or overflowing Carts or Uncontainerized MSW or Divertible Materials to educate the Resident about SB 1383, City ordinance requirements and options for source reduction and additional Carts.
b. Conduct site visits and/or telephone calls to Customers with repeated service issues to troubleshoot.
c. Monitor Diversion program participation as required by Attachment B.
d. Act as a liaison between City and Contractor’s operations department to facilitate bin deliveries and other operational requests.
e. Delivery of internal collection containers (i.e. slim jims) to commercial accounts.
f. Attend kickoff meetings for all construction and demolition projects that are issued permits by City, along with City staff to explain the
ATTACHMENT AA
Minimum Required Duties of Recycling Coordinator
Attachment AA Page 3 of 5
requirements of the C&D ordinance and to develop the diversion plan for the project.
g. Train construction and demolition project managers and job superintendents on how to implement diversion of Recyclable Construction and Demolition Debris and how to comply with the City’s Construction and Demolition Debris ordinance, and provide technical assistance in developing logistics and troubleshooting.
Provide follow-up support, answer questions, monitor and report diversion results in Attachment K reports.
h. Implement and maintain the Recycling program at City Hall, the Library and all other City facilities including providing periodic training about the program and responding to questions about the program.
3. Outreach Duties
a. Conduct follow-up to any Customers that have rejected Recyclable Materials Carts and Collection service or Food Scrap/Yard Trimmings Carts and Collection service. Provide reports to City regarding the results of these interactions to assist the City with potential enforcement of its ordinances and to tailor additional public education and information to the concerns, questions, fears and problems expressed by Residents.
b. Independently schedule and conduct meetings with Authorized Customer Representatives at Commercial and Business
Establishments to secure participation in increased recycling efforts, including Food Scrap Diversion.
c. Coordinate and interface with other agencies, organizations, companies, City and City-designated consultants or other contractors regarding Edible Food donation programs for human consumption.
d. Train business and Multi-Family tenants and representatives on how to implement diversion of recyclables and Food Scraps, and provide technical assistance in developing logistics and troubleshooting.
e. Provide follow-up support to businesses and Multi-Family complexes, answer questions, and monitor and report diversion program results
f. Identify opportunities for businesses to reduce wastes and better manage unwanted discards.
g. Provide training, troubleshooting, education and answers to questions to Residential customers.
h. Assist with the writing, production, and overall execution of proposals, recycling plans for businesses and other Customers and reports.
ATTACHMENT AA
Minimum Required Duties of Recycling Coordinator
Attachment AA Page 4 of 5
i. Distribute the public education and outreach materials required by Attachment N of the Agreement and Section 5 of Attachment B for routes that exceed 25% contamination.
j. Assist with the development of social media postings for distribution via the City’s social media channels.
k. Assist with the development and distribution of targeted written outreach materials to Customers and community associations such as letters, flyers, brochures, infographics, etc.
l. Assist with developing webpage content regarding the Recyclable Materials and Food Scrap/Yard Trimmings Collection programs and other topics as required by SB 1383 for inclusion on Contractor’s and/or City’s website
m. Independently schedule and conduct meetings with Authorized Customer Representatives and community groups to secure participation in increased recycling efforts, including Food Scrap Diversion and to reduce Contamination.
n. Train Residents regarding implementing Diversion of Recyclable Materials and Food Scraps/Yard Trimmings and provide technical assistance in developing logistics and troubleshooting at individual Residences including Estates.
o. Prepare public outreach and education materials as required by the Agreement.
p. Attend all City-sponsored special events where Recycling and/or the environment are the theme or topic. Staff a booth, tabletop or other appropriate method to disseminate educational materials, show videos and provide public information on Diversion programs, preventing Contamination, and other related topics.
q. Plan and implement Recycling programs at all City-sponsored special events to Divert cardboard, glass, mixed paper, aluminum cans, plastic and other beverage containers, newspaper, Food Scraps and any other materials that can be Diverted.
r. Speak and make presentations to community groups, schools, and other organizations about the City’s Diversion programs. s. After completing the steps in Attachment B, Section 3.7 and the account refuses to implement a state-mandated diversion program, refer non-compliant accounts to the City for enforcement. t. Refer Customers requesting Waivers and Commercial Customers with internal Diversion programs to City for verification u. Meet with business groups to enhance Diversion programs v. Update the “red/green list” or CRM System at least weekly to show the contacts made and work performed at Commercial and
Business Premises and Multi-Family Premises in City.
4. Customer Service Duties
a. Provide training, troubleshooting, education and answers to questions to Residential Customers.
ATTACHMENT AA
Minimum Required Duties of Recycling Coordinator
Attachment AA Page 5 of 5
b. Proactively troubleshoot and provide Customer-friendly resolutions to service, billing and other chronic or persistent problems in coordination with the City staff representative(s).
c. Proactively and quickly respond to questions, problems and issues from City staff representative and provide prompt feedback on resolution of issues.
d. Coordinate and interface with other agencies, organizations, companies, City and City-designated agents, consultants or other contractors as needed concerning Customer problems, issues or complaints.
e. Assist with implementing programs at residential properties with limited curb space,
CITY OF SAN MARINO
EVALUATION SUMMARY REPORT
OF PROPOSALS RECEIVED FOR
SOLID WASTE AND RECYCLING SERVICES
Prepared by:
EcoNomics, Inc.
832 Camino del Mar, Suite 2
Del Mar, California 92014
www.economicsinc.net
May 2025
Evaluation Summary Report
City of San Marino RFP for Solid Waste and Recycling Services
CITY OF SAN MARINO
EVALUATION SUMMARY REPORT
OF PROPOSALS RECEIVED FOR SOLID WASTE AND RECYCLING SERVICES
INTRODUCTION
EcoNomics was retained by the City of San Marino to assist with the Request For Proposals (RFP) process to procure a new 10-year contract for solid waste and recycling services. A key goal of the RFP process was to develop a contract that required the selected hauler to satisfy all the requirements for diversion programs, public education, reporting and all other contractual elements for the Cities to comply with SB 1383.
The City entered into exclusive negotiations with Athens Services in late 2023 to attempt to reach mutually agreeable terms and rates for a new or amended agreement for recycling and solid waste services. After fourteen months of negotiations, the City and Athens Services were unable to reach an agreement. On February 28, 2025 the San Marino City Council authorized the issuance of a Request for Proposals for solid waste and recycling services.
Also on February 28, 2025, at the request of Athens Services, the City Council appointed a twoperson Ad Hoc Committee to meet to attempt to reach mutually agreeable terms and rates for a new or amended contract. The Ad Hoc Committee met with Athens Services on March 18, 2025 to discuss terms and rates. The parties were unable to reach agreement.
On March 24, 2025 the City received a letter from Athens Services stating the company was exercising its right, pursuant to the Fourth Amendment to the agreement, to terminate the existing contract as of May 30, 2025.
EcoNomics worked with City staff to define goals, specific programs and requirements for the new contract. The final combination of this work resulted in an RFP which contained a draft contract that would be signed by the selected proposer.
The RFP was issued on April 11, 2025 via the City’s OpenGov platform. The City requested that all interested proposers submit a letter of intent indicating that they were interested in proposing by April 15, 2025. Six firms submitted letters of intent to the City, including American Reclamation, Athens Services, Burrtec, Republic Services, Universal Waste Systems, and Valley Vista Services.
The City scheduled and convened 2.5-hour meetings with each of the six firms that submitted letters of intent to review questions regarding the RFP between April 17-22, 2025. Proposers were invited to submit written questions concerning the RFP to the City prior to these meetings.
The City responded to all 160 questions submitted, in writing, and made certain revisions to (a) the draft contract contained in the RFP and (b) certain proposal forms, via issuance of seven Addenda to the RFP.
Evaluation Summary Report
City of San Marino RFP for Solid Waste and Recycling Services
On May 6, 2025 the following four firms submitted proposals in response to the City’s RFP:
American Reclamation, Athens Services, Republic Services, and Valley Vista Services. The City’s Ad Hoc committee and consulting team held interviews with all four proposers on May 14, 2025.
This report summarizes the results of the Proposal Evaluation performed by EcoNomics. The Proposal Evaluation was conducted using the eighteen criteria described in Section 5.2 (“Proposal Evaluation Criteria”) of the RFP. Each section of this report corresponds one of the proposal evaluation criteria.
1. ORGANIZATION & EXPERIENCE OF PROJECT TEAM/REFERENCES American Reclamation, Athens Services and Valley Vista Services included specific staff and driver allocations to the City in Proposal Form 7, and their proposals provided the information needed to determine that each has the requisite experience to provide the services outlined in the Agreement. The employee headcount submitted by American Reclamation, Athens Services and Valley Vista Services in their proposals are adequate to perform the services required in the Agreement. Republic Services information regarding specific staff and driver allocations, as well as the employee headcount required in Proposal Form 7 was incomplete.
City staff contacted references for Valley Vista Services and received positive comments and information regarding Valley Vista from the references. The reference jurisdictions indicated that Valley Vista was responsive to the City and to the customers; the jurisdictions were SB 1383 compliant, including reporting and public education requirements; and few missed pickups were reported, and when missed pickups occurred, Valley Vista was very responsive.
2. PENDING LITIGATION AND ASSESSMENT OF LIQUIDATED DAMAGES As required by the RFP, all proposers, with the exception of Republic Services, submitted a list of pending litigation and information on whether or not liquidated damages had been assessed by any of the jurisdictions the proposer serves in the last three years. (Proposal Form 19). American Reclamation indicated that it did not have any pending litigation and Valley Vista indicated that it has not been assessed liquidated damages. American Reclamation and Athens Services indicated that they have been assessed liquidated damages in the past 3 years. The purpose of reviewing pending litigation is to determine if negative outcomes of any litigation would prevent a company from performing the services required by the contract.
It does not appear that the pending litigation for any proposer would prevent it from providing the services required by the Agreement. It is unclear if Republic’s pending litigation or liquidated damages would prevent it from providing the services required by the agreement since it did not provide this information.
Evaluation Summary Report
City of San Marino RFP for Solid Waste and Recycling Services
3. AGREEMENT EXCEPTIONS
Proposal Form 20 required proposers to list any exceptions they took to the Agreement included in the RFP.
Valley Vista Services and American Reclamation did not take any exceptions to the Agreement.
Athens Services took 8 exceptions to the contract. The material exceptions taken are flow control, contamination, cost controls, and legal provisions. The proposed exceptions included removing ‘’overly restrictive language on compensation adjustments in cases involving City-directed changes to services or fees or changes in law that may affect services or fees.” Athens also took exception with the agreement’s prohibition on assessing contamination fees directly on customers. Athens also took exception with the City’s right to unilaterally direct change in disposal or processing facilities in Article 6.06. Athens took exception with the City making use of the Athen’s facility and equipment in case of default.
Republic Services took 17 exceptions to the contract. The disqualifying exception was Republic Services’ inability to provide residential backyard service. Other significant exceptions were taken as well regarding contract terms.
Conclusion: Exceptions to the Agreement
American Reclamation and Valley Vista Services proposals did not include any exceptions to the Agreement. Athens Services and Republic Services submitted material exceptions to the Agreement that were unacceptable to the City.
4. TECHNICAL CAPABILITY: COLLECTION OPERATIONS
Vehicles and Equipment
All Proposers have extensive experience with implementation and administration of collection services for Municipal Solid Waste (“MSW”), recyclable materials, yard trimmings, and food scraps from residential, commercial, and multi-family and institutional generators. All Proposers have an understanding of the CalRecycle SB 1383 regulatory requirements and the impacts of 75% targets and of other related legislation.
American Reclamation, Athens Services and Valley Vista Services included an adequate number and type of collection vehicles, as well as an adequate number, types and sizes of containers for the required collection services in their proposals. In addition, the number of proposed drivers and other personnel included in the American Reclamation’s, Athens Services’ and Valley Vista Services’ proposals are sufficient for each of their list of proposed vehicles and the required
Evaluation Summary Report
City of San Marino RFP for Solid Waste and Recycling Services
services. Republic Services did not submit detailed vehicle listings or detailed proposal forms for vehicles and equipment.
As required by the RFP, the proposals submitted by American Reclamation, Athens Services and Valley Vista Services included the use of collection technology, including on-board computers and collision avoidance technology, in their collection trucks, as well as indicated the on-board computers have the capability to record, store and transmit data. Republic Services proposal was incomplete in relation to collection truck and collision avoidance technology.
With the exception of Republic Services, all proposers’ Proposal Form 8 (New Collection Vehicles to be Furnished by Contractor) included a comprehensive list of the vehicles to be used in the City, i.e., specific vehicle type, manufacturer, type of route (residential or commercial along with the specific material stream being collected). American Reclamation and Valley Vista Services provided the percentage allocation of each vehicle to the City of San Marino. Athens Services and Republic Services did not provide the percentage allocation of each vehicle to the City of San Marino.
Valley Vista Services proposed six Zero Emission Vehicles (ZEV) that make use of battery electric propulsion systems for use in light-to-medium duty residential collection. Republic Services also indicated during meetings with the City on May 14 that it could make use of electric vehicles for collection in the City, if requested.
Conclusion: Collection Operations/Vehicles and Equipment/SB 1383 Diversion Programs American Reclamation, Athens Services and Valley Vista Services included the number and types of collection vehicles and the number and types of carts, bins and roll off boxes that are necessary to provide all the services in the Agreement in their proposals. American Reclamation, Athens Services and Valley Vista Services included the required technology on the collection vehicles in their proposals. Only American Reclamation and Valley Vista Services provided the percentage allocation of each vehicle to the City of San Marino. Republic Services’ proposal did not include any of the specific information related to vehicles and containers.
All proposers have experience implementing SB 1383 diversion programs. American Reclamation, Athens Services and Valley Vista Services included information on the cities they currently serve that demonstrated knowledge and capability to meet the requirements of SB 1383 as required by the Agreement. Republic Services’ proposal did not include this information.
5. SPECIAL COLLECTION SERVICES
All Proposers have the requisite experience in operating special recycling programs including bulky item collection, compost giveaways, holiday greenery recycling and similar special collection programs.
Evaluation Summary Report
City of San Marino RFP for Solid Waste and Recycling Services
Conclusion: Special Collection Services
All Proposers have experience in successfully operating special recycling programs.
6. TECHNICAL CAPABILITY: PROCESSING & MARKETING OF DIVERTIBLE MATERIALS Processing & Marketing of Divertible Materials
All Proposers have the requisite experience using materials recovery facilities, composting facilities, anaerobic digestion facilities, and C&D processing facilities.
Valley Vista Services owns and operates the only facility in Southern California that is certified by CalRecycle as a High Diversion Organics Waste Processing Facility (HDOWPF) to receive cocollected recyclables and MSW and meet SB 1383-aligned facility organics recovery standards.
The use of the certified HDOWPF facility would allow Valley Vista Services to implement a twostream collection system for residential and commercial customers in which MSW and recyclables would be co-collected into one collection stream, and yard trimmings and food scraps would be co-collected into a second collection stream. A two-stream collection system in which the cocollected MSW and recyclables are taken to a CalRecycle-certified HDOWPF, is an approved SB 1383 compliance pathway. The two-stream collection system proposed by Valley Vista Services is similar to the collection program currently in place in the City in which residents are accustomed.
7. CUSTOMER SERVICE
There was a significant difference in the level of detail provided by the four proposers. While all proposers have the capability to provide customer service, the details were more favorable in the recommended proposer’s description.
8. PUBLIC EDUCATION AND OUTREACH
Public education is an important aspect of the SB 1383 regulations and is now especially critical because the law requires the City to meet specific limits for how much “contamination” is occurring (e.g. recyclables in trash carts or in the food scrap/yard trimmings carts; or food scraps in the trash or recyclables carts, etc.). All residents and businesses must be informed of the SB 1383 requirements so they will separate their materials into the appropriate carts and bins. SB 1383 requires the City (through its hauler) to issue contamination notices to customers who do not properly separate their materials. The hauler must also document the incidents of contamination and report them to the City. The new Agreement requires the hauler to photodocument observed instances of contamination along with the date, address, customer, and other information. The contamination information will be provided to the City, and when persistent contamination instances occur, the City may be able to assess fines on generators for
Evaluation Summary Report
City of San Marino RFP for Solid Waste and Recycling Services
non-compliance per the City’s municipal code. In its SB 1383 Implementation Record, the City must also maintain detailed records of all public education materials and efforts including the dates disseminated, to which customers, the content of the materials, and samples of the materials that were disseminated.
All proposers exhibited an understanding that public outreach and education, plus issuance of contamination notices to customers, are of critical importance and are required under the new Agreement. Athens Services took exception to the Agreement requirement that only the City can issue contamination penalties to customers.
Conclusion: Public Education and Outreach
All Proposers have the requisite experience in public education and outreach to residential, commercial and multi-family customers including flyers, brochures, social media, website and more, including providing public education and outreach as required by SB 1383.
9. START-UP AND IMPLEMENTATION PLAN
All proposers included information regarding their experience transitioning services in other municipalities over the last ten years.
All proposers provided a narrative implementation plan detailing the transition period activities, including the public education, outreach and notification required during the transition to the new contract, and as included in the new Agreement.
Conclusion: Start-up and Implementation Plan
All Proposers’ implementation plans are adequate for the new Agreement transition.
10. TRANSITION
All proposers indicated that they were able to mobilize quickly and conduct a quick and efficient transition by May 31, 2025. All proposers indicated that they had sufficient vehicles and containers to service the City beginning May 31, 2025. During the Ad-Hoc Committee interview held on May 14, 2025, Valley Vista Services suggested weekly meetings with the City during the first two months of the transition and customer service staff residencies at City locations during the first several weeks of the transition to provide face-to-face transition assistance to residents.
Conclusion: Transition
All Proposers’ transition plans are adequate for the new Agreement transition.
Evaluation Summary Report
City of San Marino RFP for Solid Waste and Recycling Services
11. REPORTING
Complete, accurate and timely reporting of all recycling, food scrap and other programs and the quantities of recyclables and food scraps/yard trimmings that were diverted, plus reporting on the contamination notices issued, as well as monthly, quarterly and annual reports on the City’s overall compliance with SB 1383 are vital to the City’s compliance with SB 1383. The SB 1383 regulations require all cities to produce all records related to SB 1383 compliance upon 10 daysnotice of CalRecycle’s request. This is often accompanied by an on-site visit from CalRecycle to observe recycling and food scrap programs at residences and businesses in a city. Therefore, the City will be depending upon the hauler to continuously provide complete and accurate reporting.
A comprehensive list of the reports the hauler is required to submit appears in Article 11 and in Attachment K of the Agreement.
Conclusion: Reporting
All proposers indicated that they are aware of the importance of the state regulatory reporting requirements and have experience maintaining SB 1383-compliant records for other cities, and that they would comply with the City’s reporting requirements.
12. ENVIRONMENTAL RESPONSIBILITY
All Proposers included the use of residential and commercial carts containing at least 10% postconsumer recycled content and at least 50% post-industrial recycled content.
Valley Vista Services proposed six Zero Emission Vehicles (ZEV) that make use of battery electric propulsion systems for use in light- to-medium duty residential collection. Republic Services also indicated during the Ad-Hoc Committee interview held on May 14, 2025 that it could make use of electric vehicles for collection in the City, if requested.
Conclusion: Environmental Responsibility
All Proposers are taking actions to reduce carbon footprint and increase their sustainability practices. Valley Vista Services included the highest number of ZEVs in its proposal, although electric vehicles were not an RFP requirement.
13. FINANCIAL CAPABILITY
As required by the RFP, all proposers submitted information on company size, organization, ownership and corporate officers, and the length of time the company has been in business (Proposal Forms 2 and 3). American Reclamation, Republic Services and Valley Vista Services submitted banking, surety and insurance information and audited financial statements as required by Proposal Form 21 - submitted as confidential. Athens Services did not provide audited financial statements as required by the RFP.
Evaluation Summary Report
City of San Marino RFP for Solid Waste and Recycling Services
The main purpose of the analysis of financial capability is to determine if the proposer has the necessary financial strength and resources to purchase the required new equipment (carts, bins, roll off boxes) and new vehicles required by the RFP, and to carry out all tasks required in the new Agreement.
The information on financial capability was reviewed and analyzed. A third-party forensic CPA performed a financial statement analysis with a comparison of key risk metrics including a quick ratio test, working capital ratio, debt ratio, and gross margin ratio, against industry benchmarks.
Conclusion: Financial Capability
The financial metrics for American Reclamation, Republic Services and Valley Vista Services demonstrate that they manage their cash flow by way of long-term contracts with the jurisdictions they serve. Review of the audited financial statements provided by the three proposers, demonstrate that American Reclamation, Republic Services and Valley Vista Services have the financial capability to provide the vehicles, equipment and services required by the new Agreement. Athens Services provided a letter from their bank, however, did not provide audited financial statements.
14. CUSTOMIZED LOCAL APPROACH
American Reclamation, Athens Services and Valley Vista Services provided well thought out proposals and provided programs that will meet the needs of the City, customers, and state compliance requirements. Republic Services proposal was incomplete. All proposers align with the City’s required residential backyard/sideyard service configuration except for Republic Services. Republic Services proposed residential curbside collection services. All proposers provided a three-stream collection system. In addition to a three-stream collection system, Valley Vista Services also proposed the use of a two-stream system using its High Diversion Organics Waste Processing Facility (HDOWPF) to receive co-collected recyclables and MSW that meet SB 1383-aligned facility organics recovery standards. The two-stream collection program proposed by Valley Vista Services is aligned with the program residents are currently using and will also provide an approved SB 1383 compliance pathway for the City. The two-stream collection system proposed by Valley Vista Services is similar to the collection program currently in place in the City in which residents are accustomed.
15. DIVERSION STRATEGY
The Diversion Strategy outlines the ability to meet state regulatory requirements and program implementation. American Reclamation’s, Athens Services’, and Valley Vista Services’ proposals included details regarding their ability to meet AB 939, AB 341, AB 1826, AB 1594 and SB 1383 diversion requirements in other cities. American Reclamation’s and Valley Vista Services’
Evaluation Summary Report
City of San Marino RFP for Solid Waste and Recycling Services
proposals details its ability to implement contractual programs with no exceptions. Republic Services did not include extensive details regarding its ability to meet diversion requirements. All proposals received included one, dedicated FTE Recycling Coordinator.
Conclusion: Diversion Strategy
All proposer’s have the requisite experience to implement diversion programs for the City and to provide FTE recycling coordinators dedicated to the City. Both Athens Services and Republic Services took exception to City-required programs affecting diversion strategy.
16. COST EVALUATION
In order to evaluate the total cost of each proposer’s rates to perform the required services described in the RFP, the rates submitted by each proposer were multiplied by the estimated numbers of customers, collection frequency, and sizes of carts and bins (provided in Section 2:
Project Background of the RFP), to calculate the projected rate revenues. The calculations of customer costs were then aggregated into commercial and residential customer sectors and annualized. The final calculation provides the annual amount the selected proposer would receive from the City’s ratepayers for performing all the services in the new contract. The calculation methodology used was provided as part of the evaluation criteria in Section 5.2 (Proposal Evaluation Criteria) of the RFP. The process of calculating aggregate rate revenue was repeated for each of the different rate schedules that were provided by each proposer. Per the RFP, proposers were required to itemize and include the City’s regulatory compliance costs for each rate proposed.
Table 16.1. Aggregate Projected Annual Revenue – Comparison of All Proposed Pricing Configurations*
Current American
Reclamation Athens Services RepublicServices
Valley Vista
Services
Residential $2,356,617 $2,824,947 $6,085,868 $2,938,068 $2,535,960 Estate $1,239,564 $1,582,750 $3,712,896 $5,055,748 $2,132,287 Commercial $465,834 $606,654 $912,741 $1,948,184 $802,622 Total $4,062,015 $5,014,351 $10,711,505 $9,942,000 $5,470,870 Increase 23% 164% 145% 35%
*Does not include roll-off, compactor, or special services revenues.
Evaluation Summary Report
City of San Marino RFP for Solid Waste and Recycling Services
Residential Services Cost Evaluation
Proposers were asked to provide a rate to provide backyard/sideyard service for single-family residential customers similar to the system currently in place as well as an optimized method and rate to provide backyard/sideyard service for single-family residential customers.
Valley Vista Services provided the lowest monthly single-family residential rate for a two-stream backyard collection program at $57.61 per month. Valley Vista Services also provided a singlefamily residential rate for a three-stream backyard collection program at $65.52 per month.
American Reclamation provided the lowest rate for a single-family residential three-stream backyard collection program at $64.18 per month. Athens Services provided the highest rate for a single-family residential three-stream backyard collection program at $138.26 per month.
Republic Services provided a rate of $66.75 for a single-family residential three-stream curbside collection program (Republic Services did not provide a rate or program for single-family residential backyard service). See Table 16.2. below for side-by-side comparison of two-stream and three-stream single-family residential rates received compared to the current rate of $53.54 and the percent increase the proposed rates represent when compared to the current rates.
Evaluation Summary Report
City of San Marino RFP for Solid Waste and Recycling Services
Table 16.2 Comparison of Current and Proposed Single-Family Residential Rates Received and Percent Increase Compared to the Current Single-Family Residential Rate Current
American
Reclamation
Athens
Services
Republic
Services
Valley
Vista
Services
Residential 2-stream
program
$53.54 Not
Provided
Not
Provided
Not
Provided
$57.61
(8%)
Residential 3-stream
program N/A $64.18 (20%)
$138.26
(158%)
$66.75*
(25%)
$65.52
(22%)
*Republic Services single-family residential three-stream rate is for curbside collection service. Republic Services did not provide a rate or program for single-family residential backyard service.
Commercial Services Cost Evaluation
In the RFP, the City requested commercial rates for trash, recycling, food scraps, yard trimmings, and co-collected food scraps and yard trimmings. A detailed analysis, by service line, comparing the current rate revenues and the projected rate revenue from the proposals is included in Table
16.3 below.
Table 16.3. Comparative Commercial Rate Analysis – Fee Inclusive* Current
American
Reclamation
Athens
Services
Republic
Services
Valley Vista
Services
Commercial MSW revenue $454,876 $592,521 $896,816 $1,930,881 $796,625 Commercial Recycling revenue $0 $0 $0 $0 $0
Commercial Co-Collected Organics
Revenue $10,959 $14,133 $15,925 $17,303 $5,997
Total Commercial Revenue $465,834 $606,654 $912,741 $1,948,184 $802,622 Commercial Increase compared to
current ($) $140,819 $446,907 $1,482,349 $336,788
Commercial Increase compared to
current (%) 30% 96% 318% 72%
*Does not include roll-off, compactor, or special services revenues.
American Reclamation provided the lowest commercial MSW rates. Valley Vista Services provided the lowest commercial organics collection rates. Republic Services provided the highest commercial MSW and organics rates.
Estate Services Cost Evaluation
In the RFP, the City requested residential estate rates for trash, recycling, co-collected food scraps and yard trimmings for residential estate customers who generate large amounts of waste and divertible materials that require the use of bins. A detailed analysis comparing the current residential estate rate revenues and the projected residential estate rate revenues from the
Evaluation Summary Report
City of San Marino RFP for Solid Waste and Recycling Services
proposals is included in Table 16.4 below. The projected rate revenue included in Table 16.4 assumes all current estate customers have a 3-yard bin for MSW collection. There is a spectrum of service configurations, ranging from 1-yard bins to 3-yards bins 1-3x/week currently in service at estate properties. Customers may ‘downsize’ to a smaller container to mitigate rate impacts.
Table 16.4. Comparative Residential Estate Rate Analysis *Does not include recycling and organics stream
**Uses 3-container BYS (OPT A)
*** Valley Vista Services proposed a 2-container program for estate services American Reclamation provided the lowest residential estate rates. Athens Services provided the highest residential estate rates.
Cost Evaluation Conclusion:
Overall, the cost evaluation shows that American Reclamation’s proposed rates would result in an aggregate annual rate revenue increase of 23%; Valley Vista Services’ proposed rates would result in a 35% increase in rates; Republic Services’ proposed rates would result in a 145% increase; and Athen Services’ proposed rates would result in an increase of 164%.
Valley Vista Services’ 2-stream single-family residential rates were lower than the single-family residential rates proposed by all other proposers. American Reclamation’s commercial and estate rates were lower than all other proposers. American Reclamation, Athens Services and Valley Vista Services provided thorough, complete, and verifiable costs for the rates and assumptions requested in Proposal Forms 29. Republic Services left many rate items blank.
17. PROCEDURAL COMPLIANCE
Proposers are required to comply with the following three procedures included in Table 17, Proposal Evaluation Criteria, of the RFP document:
• Required submittal of all proposal forms in the format contained in the RFP • No additional or alternate programs proposed beyond the Scope of Work. Proposer’s Plan for optimized collection for residential backyard/sideyard service, as requested in the RFP, is not considered an alternate program.
• Any requests for additional information or explanation of proposal must be made in writing and addressed to the City’s Project Manager.
American Reclamation and Valley Vista Services complied with all three of the procedures required for the City RFP process as described above. Republic Services did not comply with the
Evaluation Summary Report
City of San Marino RFP for Solid Waste and Recycling Services
procedures required for the RFP process as Republic Services provided an alternate program, residential curbside service, that did not meet the City’s backyard/sideyard service requirement.
In addition, many of Republic Services proposal forms were incomplete. Athens Services provided a letter from its bank but did not submit its audited financial statements.
18. AB 1669 EMPLOYMENT OFFERS TO INCUMBENT’S EMPLOYEES
All Proposers confirmed compliance with the AB 1669 requirements as applicable to each Proposer.
RECOMMENDATION
EcoNomics’ recommends that the City of San Marino award the Contract for Solid Waste and Recycling Services to Valley Vista Services. This recommendation is based upon the results of the application of the 18 RFP evaluation criteria provided above. In summary, the bullets below highlight the advantages of the proposal submitted by Valley Vista Services:
• Valley Vista Services is the most qualified proposer as it demonstrated a comprehensive understanding of the project; provided the lowest single-family residential rate received in the RFP process; and provided the best overall value and comprehensive services to the City.
• Valley Vista Services has extensive experience with implementation and administration of collection services for Municipal Solid Waste (“MSW”), recyclable materials, yard trimmings, and food scraps from residential, commercial, and multi-family and institutional generators. Further, Valley Vista Services understands the CalRecycle SB 1383 regulatory requirements and the impacts of the State’s 75% diversion requirement and all other related legislation.
• Valley Vista Services included an adequate number and type of collection vehicles, as well as an adequate number, types and sizes of containers for the required collection services in its proposal. The number of proposed drivers and other personnel included in the proposal was sufficient for the proposed vehicles and required services. • Valley Vista Services has experience implementing SB 1383 diversion programs in the cities it currently serves and demonstrated knowledge and capability to meet the requirements of SB 1383 as required by the Contract.
• Valley Vista Services has the requisite experience using materials recovery facilities, composting facilities, and C&D processing facilities. Valley Vista Services proposed using its own CalRecycle designated High Diversion Organics Waste Processing Facility (HDOWPF), Grand Central Recycling and Transfer Station, for two-stream processing of trash/recyclables and yard trimmings/food scraps. Pre-processed organic waste, primarily yard trimmings will be taken to Recycled Wood Products in Ontario; pre-processed organic waste, primarily food waste will be taken to the Rialto Anaergia Bionergy Facility; and
Evaluation Summary Report
City of San Marino RFP for Solid Waste and Recycling Services
construction and demolition debris will be taken to CWS DLA MRF and Transfer Station.
Valley Vista Services also provided all required forms and information and rates for a three-container system.
• Valley Vista Services’ SB 1383 compliant two-stream collection system pricing advantage was significant.
• Valley Vista Services has the only facility in Southern California that is currently certified by CalRecycle as a High Diversion Organics Waste Processing Facility (HDOWPF) to receive co-collected recyclables and MSW and meet SB 1383-aligned facility organics recovery standards.
• Valley Vista Services will continue residential Backyard/Sideyard service. • Valley Vista Services agreed to all the City’s Contract Terms and Conditions and took no exceptions to the agreement.
• Valley Vista Services provided all Financial Statements as required by the RFP.
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Amber Shah, Parks & Public Works Director/City Engineer DATE: May 21, 2025
SUBJECT: 1) DETERMINE THE AWARD OF A STREET SWEEPING
CONTRACT IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA), 2) APPROVE AN
AGREEMENT WITH NATIONWIDE ENVIRONMENTAL
SERVICES FOR CITYWIDE STREET SWEEPING SERVICES
FOR A FOUR (4) YEAR TERM BEGINNING JUNE 1, 2025
AND ENDING JUNE 30, 2029 IN THE AMOUNT OF
$570,390 ANNUALLY, WITH AN ANTICIPATED
DISCOUNTED ANNUAL COST OF $508,530 CONTINGENT
UPON THE AWARD OF THE CITY’S WASTE HAULING
AGREEMENT TO VALLEY VISTA SERVICES, INC., AND 3)
AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT
ON BEHALF OF THE CITY
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Efficient, Responsive, and Effective City Services
Fiscally Responsible and Transparent City Government
Well-Maintained Infrastructure
BACKGROUND
The City of San Marino has contracted with Athens Services for municipal street sweeping services since 2007. Street sweeping is an essential component of the City’s maintenance operations, providing aesthetic benefits, preventing pollutants from entering the storm drain system, and reducing debris-related wear on vehicles and infrastructure.
Gretchen Shepherd Romey, Mayor
Tony Chou, Vice Mayor
Hunter Chang, Council Member
John Chou, Council Member
Calvin Lo, Council Member
On March 24, 2025, Athens Services notified the City of its intent to terminate all contracted services, including street sweeping, effective May 30, 2025. In response, staff issued a Request for Proposals (RFP) on March 28, 2025, to ensure uninterrupted service and a competitive procurement process.
DISCUSSION
On April 21, 2025, the City received proposals from two qualified firms:
• Nationwide Environmental Services (NES)
• SCA of California
The RFP specified weekly, year-round sweeping of all public streets, Cityowned parking lots, alleys, and the Lacy Park inner loop. This represents an increase in service from the current seasonal schedule, which provides weekly sweeping from November to April and bi-weekly sweeping from May to October.
The enhanced service level will improve stormwater quality, making a portion of the program eligible for Measure W Safe Clean Water funding. The City currently receives approximately $420,000 annually in Measure W Local Return funds. Additionally, the City receives $320,000 in SB 1 Local Streets and Roads Program (also known as Gas Tax) funds annually. These funds have typically been utilized by the City to supplement other funding for the Street Rehabilitation Project in the Capital Improvement Program. However, these funds are also eligible to be utilized for street sweeping.
Cost Comparison
A summary of the cost proposals received from both firms is as follows:
Service
Description
NES -
Monthly
NES -
Annual
SCA -
Monthly
SCA -
Annual
Weekly Street
Sweeping
$39,740.00 $476,880.00 $41,150.20 $493,802.40
Weekly Parking
Lots/Alleys
$6,090.00 $73,080.00 $2,904.96 $34,859.52
Weekly Lacy Park
Inner Loop
$1,465.00 $17,580.00 $866.67 $10,400.04
Total $47,295.00 $567,540.00 $44,921.83 $539,061.96
The increase in service cost of 250-270%, as compared to the current cost of $153,280 budgeted for FY 2024-25, is in line with statewide trends and is largely driven by:
• Prevailing wage requirements as mandated by the Department of Industrial Relations (DIR) since 2021
• General inflationary pressures and rising labor/equipment costs Despite these factors staff have structured funding recommendations to minimize the impact on the General Fund. By utilizing Measure W and SB1 funding, the General Fund contribution for street sweeping in FY 2025-26 will only increase by 5% over FY 2024-25 levels – a cost that has already been incorporated in the proposed departmental operating budget.
Proposal Evaluation and Recommendation
Proposals were evaluated based on the following criteria:
1. Experience and qualifications
2. Understanding of the scope
3. Customer service and responsiveness
4. Cost and value-added services
Following a thorough review and interview with both firms, Nationwide Environmental Services (NES) emerged as the preferred vendor. NES is a family-owned company with extensive experience in municipal street sweeping services throughout Southern California, including multiple cities in Los Angeles County.
Key Strengths of NES’s proposal and interview include:
• Clear understanding of the City’s service needs
• High level of commitment to customer service and responsiveness • Willingness to provide additional weekly sweeping in key areas at no added cost
• Strong references recommending their services
Although NES is the higher proposer overall, their proposal includes additional no-cost services, including a second weekly sweeping of the Lacy Park inner loop and parking lots. Moreover, the cost difference is further mitigated by operational savings related to disposal fees, as described below.
Disposal Fee Reduction
In parallel, the City issued a Request for Proposals for a new solid waste and recycling agreement, with Valley Vista Services, Inc. recommended for award under a separate agenda item this evening. During negotiations, Valley Vista Services agreed to accept and dispose of all street sweeping debris at no cost to the City. As a result, NES has agreed to apply a $61,860 annual discount for the disposal cost to their street sweeping contract, reducing the total annual cost to $505,680 (or $42,140/month) contingent on award of the waste hauling contract to Valley Vista Services as shown below.
Service
Description
NES -
Monthly
NES -
Annual
Discounted
Monthly
Discounted
Annual
Weekly Street
Sweeping
$39,740.00 $476,880.00 $35,408.33 $424,899.96
Weekly Parking
Lots/Alleys
$6,090.00 $73,080.00 $5,426.25 $65,115.00
Weekly Lacy Park
Inner Loop
$1,465.00 $17,580.00 $1,305.42 $15,665.04
Total $47,295.00 $567,540.00* $42,140.00 $505,680.00*
*Plus 10 hours for as-needed/emergency call-outs at $285/hour = $2,850
CEQA REVIEW
The proposed action to award a street sweeping services agreement (the "proposed activity") was reviewed in accordance with the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA") and the CEQA Guidelines (14 California Code of Regulations §§15000, et seq.).
1. The proposed activity is not a project subject to CEQA because it doesn’t meet CEQA’s definition of a project (see CEQA Guidelines Section 15378), most notably because the proposed activity does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The services provided pursuant to the Project would be identical to, or substantially the same as, the services previously provided by Athens Services throughout the City. The proposed activity will simply result in a change in street sweeping service providers that will continue to collect, transport and dispose of all debris removed
during sweeping operations in the same locations within the City and in the same manner as the previous service provider (Athens Services).
2. Assuming arguendo that the proposed activity is a “project” subject to CEQA, as discussed and demonstrated below the proposed activity is exempt pursuant to the categorical exemption in CEQA Guidelines Section 15301 ("Existing Facilities"):
• Class 1 Categorical Exemption for Maintenance of Existing Public Facilities – This exemption applies to the operation, repair, maintenance, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The street sweeping services contemplated under this contract are part of the City’s routine maintenance operations and do not involve any expansion of use or new construction. The work will be performed on existing public streets, public property and rights-of-way and is consistent with the continued operation of street sweeping public utility services and maintenance of existing street, gutter and parking lot infrastructure (see examples in subsections (b) and (c) of CEQA Guidelines Section 15301 covering the operation and
maintenance of existing public utility services and existing streets, respectively).
Therefore, no further environmental review is required.
FISCAL IMPACT & PROCUREMENT REVIEW
The adopted FY 2024-25 budget includes $153,820 in account no. 101-48- 4150-9020 (Contracted Street Sweeping). As Athens has notified the City they will be ceasing services on May 30th, the total impact to FY 2024-25 budget for the difference in cost for one month of street sweeping services between the current rates and the new monthly rate of $42,240 will be approximately $26,334.50. The Department will have sufficient savings in other areas of the Department Operating budget to absorb this overage, therefore no additional appropriation is necessary. The total monthly cost of $42,140 will remain the same through FY 2025-26. Per the contract, each fiscal year the contract price is adjusted by the percentage change in the Consumer Price Index (CPI), with the maximum annual increase not to exceed 5 percent.
As such, the total cost of this contract will have a maximum value of $2,234,405 over the four-year contract duration. See below for cost
breakdown (assuming maximum 5 percent increase each year):
Fiscal Year Contract Cost Notes
FY 2024-25 $42,140 Costs for June 2025
FY 2025-26 $505,680 Base cost from proposal
FY 2026-27 $530,964 FY 25-26 cost plus 5 percent
maximum contractual increase
FY 2027-28 $557,513 FY 26-27 cost plus 5 percent
maximum contractual increase
FY 2028-29 $585,388 FY 27-28 cost plus 5 percent
maximum contractual increase.
As-Needed/Emergency
Call-Outs $12,270
Up to 10 hours of call-outs per FY
at a rate of $285/hour plus 5
percent maximum contractual
increase each FY
Total Cost $2,234,405
As noted above, the service level increase to weekly sweeping of streets, parking lots & alleys, and Lacy Park can be funded using Measure W Safe Clean Water funds. Overall, this represents approximately 30% of the costs for FY 2025-26. Additionally, the City plans to use SB 1 funds to partially pay for the services, as street sweeping is an eligible cost for these funds. As such, the total estimated impact to the General Fund in FY 2025-26 will be $162,750. See below for a cost breakdown from the different funds.
Street Sweeping Funding Sources FY 25-26
Fund Amount
General Fund $162,750
Measure W $329,880 (if discounted, $307,005)
SB 1 $77,760 (if discounted, 38,775)
Total $570,390 (if discounted, $508,530)
The contract also has two (2) one-year contract extensions that may be exercised upon satisfactory performance from the contractor. In discussions with NES, they have expressed a willingness to re-visit the costs associated with the contract should the DIR determination related to prevailing wages be overturned or otherwise change, which would ultimately reduce the cost to the City.
The Finance Director has reviewed this staff report for compliance with San Marino City Code §02.06.05.A.3.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends that the City Council 1) determine the award of a street sweeping contract is exempt from the California Environmental Quality Act (CEQA), 2) approve an agreement with Nationwide Environmental Services for Citywide Street Sweeping Services for a four (4) year term beginning June 1, 2025 and ending June 30, 2029 in the amount of $570,390 with an anticipated discounted cost of $508,530 contingent upon the award of the City’s waste hauling agreement to Valley Vista Services, Inc., and 3) authorize the Mayor to execute the agreement on behalf of the City. If the Council concurs, an appropriate motion would be.
“I move to 1) determine the award of a street sweeping contract is exempt from the California Environmental Quality Act (CEQA), 2) approve an agreement with Nationwide Environmental Services for Citywide Street Sweeping Services for a four (4) year term beginning June 1, 2025 and ending June 30, 2029 in the amount of $570,390 with an anticipated discounted cost of $508,530 contingent upon the award of the City’s waste hauling agreement to Valley Vista Services, Inc., and 3) authorize the Mayor to execute the agreement on behalf of the City.”
ATTACHMENTS
1. Draft Street Sweeping Services Agreement with Nationwide Environmental Services
2. Proposal from Nationwide Environmental Services
AGREEMENT FOR
STREET SWEEPING SERVICES Between
THE CITY OF SAN MARINO,
a municipal corporation
and
NATIONWIDE ENVIRONMENTAL SERVICES
a DIVISION OF JOE’S SWEEPING, INC.
Dated: June 1, 2025
1 AGREEMENT FOR
STREET SWEEPING SERVICES
This Agreement for Street Sweeping Services (“Agreement”) is entered into as of the date referenced on the cover page (“Effective Date”) between the City of San Marino, a California municipal corporation (“City”) and Nationwide Environmental Services, a Division of Joe’s Sweeping, Inc. (“Contractor”) (collectively “Parties”). In consideration of the mutual promises and covenants made by the parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES
1.1 Identification of Contractor
Name: Nationwide Environmental Services, a Division of Joe’s Sweeping, Inc.
Address: 11914 Front Street, Norwalk, CA 90650
License Number: LIC #600689
1.2 Term. Subject to the provisions of Section 8 [Termination] of this Agreement, the term of this Agreement shall commence on the Effective Date. This Agreement shall expire four (4) years after the date that the City issues a “Notice to Proceed” as described in the Scope of Services attached hereto and incorporated herein by reference as Exhibit “A” [Scope of Services]. The City in its sole and absolute discretion may extend the term of this Agreement by one (1) period of two (2) years (“Extension Term”).
1.3 Description of Contractor’s Services. Subject to the terms and conditions of this Agreement, Contractor agrees to perform for City those street sweeping services specified in the Scope of Services attached hereto and incorporated herein by reference as Exhibit “A” [Scope of Services] (“Services”). Contractor agrees to furnish, for the compensation provided for herein, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform and complete the Services. The Services shall be subject to inspection and approval by City. Contractor agrees to work closely with City staff in the performance of the Services and shall be available to City’s staff and Contractors at all reasonable times.
1.4 Performance of Services. Contractor represents that it possesses the requisite training, licenses and permits necessary to perform the Services, and that its performance of the Services shall conform to the standard of practice of a professional
2 having specific experience and expertise in professional services of like nature and complexity of the Services.
1.5 Compensation for Contractor’s Services.
a. Contractor’s total compensation for the performance of the Services under this Agreement shall not exceed $573,390 per year (“Annual Contract Sum”), which shall be paid on a Time and Materials basis at the rates provided in Exhibit “C” [Compensation] attached hereto and incorporated herein by reference. If the City, in its sole and absolute discretion, extends the term of this Agreement as provided in Section 1.2, then Contractor’s total annual compensation for the Extension Term shall be in the amount of the Annual Contract Sum as adjusted pursuant to Section 1.5(b). b. Beginning January 1, 2026, the Annual Contract Sum and rates provided in Exhibit “C” [Compensation] may be annually adjusted, effective July 1 of each year, based on the change in the Consumer Price Index of the Bureau of Labor Statistics and the United States Department of Labor for CPIW (Urban Wage Earners and Clerical Workers) for the Los Angeles-Anaheim-Riverside Metropolitan Area, March to March average (“CPI”), provided that such adjustment shall not exceed 5% annually. If Contractor desires any such adjustments, then, on or before May 15 of each year, Contractor shall submit a written request for an adjustment to the Annual Contract Sum and/or rates provided in Exhibit “C” [Compensation] to the City Manager. The written request shall at a minimum include the CPI data and calculations upon which the proposed adjustment is based. Provided that the documentation and calculations provided by Contractor are accurate, City Manager shall approve the adjustment to the then existing maximum permissible amounts and/or rates.
1.6 Extra Work. Contractor shall not be compensated for any work or services rendered in connection with its performance of this Agreement, which are in addition to or outside of the Services (“Extra Work”), except as expressly provided for herein. It shall be Contractor’s responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor’s commencement of the Extra Work in accordance with Section 9.10 [Amendments] and Section 9.18 [Administration and Implementation]. City shall not be obligated to pay for or otherwise be liable for unauthorized Extra Work performed by Contractor.
1.7 Schedule of Performance. Contractor agrees to diligently perform and complete the Services in accordance with the schedule of performance attached hereto and incorporated herein by reference as Exhibit “B” [Schedule of Performance] (“Schedule of Performance”). Modifications to the Schedule of Performance must be agreed upon in writing in advance by the City Manager pursuant to Section 9.18 [Administration and Implementation] and Contractor.
1.8 Progress and Coordination. Upon City’s request, Contractor shall provide City with progress submittals showing status of Services, at times and increments as City may reasonably request, and shall provide City with a progress schedule for performance of the Services, at times and in a level of detail as City may reasonably request. Contractor shall coordinate with City and authorities with
3 jurisdiction as necessary to perform the Services. Time is of the essence in the performance of the Services.
1.9 General Warranty. Contractor warrants all Services under this Agreement (which for purposes of this Section shall be deemed to include unauthorized Extra Work which has not been removed and any non-conforming materials incorporated into the Services) to be of good quality and free from any defective or faulty material and workmanship. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Services, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City.
1.10 Repair of Defects. Contractor agrees that for a period of one (1) year from and after final acceptance of the Services, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later, Contractor shall within ten (10) days after being notified in writing by City of any defect in the Services or non-conformance of the Services, commence and prosecute with due diligence all work and services necessary to fulfill the terms of the warranty at its sole cost and expense. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor's obligation hereunder to correct defective Services shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Services. Contractor shall perform such tests as City may require to verify that any corrective actions are adequate to remedy the defective condition. In the event that Contractor fails to perform its obligations under this Section to the reasonable satisfaction of City, then City shall have the right to correct and replace any defective, non-conforming, or damaged Services at Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
1.11 Contractor’s Representative. Contractor hereby designates the representative named in Exhibit “D” [Representatives], or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
SECTION 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Compensation. City shall pay to Contractor for non-disputed Services rendered, the compensation set forth in Section 1.5 and Exhibit “C” [Compensation] attached hereto and incorporated herein by reference. Total compensation to Contractor for the Services shall not exceed the total price or “not to exceed” amount set forth in
4 Section 1.5 and Exhibit “C,” without the prior written approval of City in accordance with Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation].
2.2 Payment of Compensation. Contractor shall submit monthly invoices together with an itemized statement of Services provided. The statement shall describe the Services provided, the percent of work completed by item, together with such other reasonable detail and supporting documentation as may be required by the City Manager, or his/her designee. City will review the statement and pay, with the exception of any charges for work performed or expenses incurred by Contractor which are disputed by City, within 30 days of receiving such statement, all approved charges thereon. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defect in work performed by Contractor.
SECTION 3. RESPONSIBILITIES OF CONTRACTOR
3.1 Control and Payment of Subordinates; Independent Contractor.
Contractor agrees that all Services shall be performed by Contractor or under its supervision. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under the Contractor’s exclusive direction and control.
Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor is not entitled to any benefits that Owner provides to Owner employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Contractor expressly waives any claim Contractor may have to any such rights. Contractor shall pay all payroll taxes imposed by any governmental entity and shall pay all other required taxes.
3.2 Standard of Care and Licenses. Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Agreement.
3.3 Required Corrections. Contractor shall perform, at its own expense and without reimbursement from the City, any work necessary to correct errors or omissions that are caused by the Contractor’s failure to comply with the standard of care provided for herein.
3.4 Law and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, including all Cal/OSHA requirements, and shall
5 give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services.
3.5 Safety. Contractor shall perform the Services, and maintain its work area, so as to avoid injury or damage to any person or property and shall otherwise exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
3.6 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sexual orientation, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.7 Department of Industrial Relations Registration Contractor shall register with the California Department of Industrial Relations and shall comply with all specified requirements for street sweepers.
3.8 Prevailing Wage Laws. Contractor acknowledges and agrees to abide by the provisions of California Labor Code Section 1720, et seq., as well as 1771, 1773, 1773.1, 1773,2 1773.6, 1773.7, 1774, 1775, 1776, and 1777, pertaining to the obligation to pay the prevailing wages with respect to the performance of the work (“Prevailing Wage Laws”).
Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
SECTION 4. INDEMNIFICATION
4.1 Indemnity. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorney’s fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single attorney from representing both City and Contractor, or should City otherwise find Contractor’s attorney unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorney’s fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees, and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless, or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as
6 broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the sole or active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
4.2 Action. For purposes of this Agreement, “Action” shall mean any suit (whether legal, equitable, or declaratory in nature), proceeding or hearing (whether administrative or judicial), arbitration or mediation (whether voluntary, court-ordered, binding, or non-binding), or other alternative dispute resolution process, and the filing, recording, or service of any process, notice, claim, demand, lien, or other instrument which is a prerequisite or prelude to commencement of the Action.
4.3 Costs and Expenses. For purposes of this Agreement, “Costs and Expenses” shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a Party in good faith in the investigation, prosecution or defense of an Action, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, reasonable attorney’s fees, Contractor fees, fees for investigators, witness fees (both lay and expert), travel expenses, deposition and transcript costs, and any other costs or expenses, the award of which a court of competent jurisdiction may determine to be just and reasonable.
4.4 Hazardous Substances. For purposes of this Agreement, “Hazardous Substances” shall mean any and all of the following:
a. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability arises for misuse, pursuant to the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S.C. §9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §6901, et seq.; the Toxic Substances Control Act, 15 U.S.C.S. §2601, et seq.; the Clean Water Act, 33 U.S.C. §1251, et seq.; the Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. §136, et seq.; the Superfund Amendments and Reauthorization Act, 42 U.S.C. §6901, et seq.; the Clean Air Act, 42 U.S.C. §7401, et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f, et seq.; the Solid Waste Disposal Act, 42 U.S.C. §6901, et seq.; the Surface Mining Control and Reclamation Act, 30 U.S.C. §1201, et seq.; the Emergency Planning and Community Right to Know Act, 42 U.S.C. §11001, et seq.; the Occupational Safety and Health Act, 29 U.S.C. §§655 and 657; the Hazardous Waste Control Act, California Health
7 and Safety Code (“H.&S.C.”) §25100, et seq.; the Hazardous Substance Account Act, H.&S.C.§25330, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, H.&S.C. §25249.5, et seq.; the Underground Storage of Hazardous Substances, H.&S.C. §25280, et seq.; the Carpenter-Presley-Tanner Hazardous Substance Account Act, H.&S.C. §25300, et seq.; the Hazardous Waste Management Act, H.&S.C. §25170.1, et seq.; the Hazardous Materials Response Plans and Inventory, H.&S.C. §25001, et seq.; the Porter-Cologne Water Quality Control Act, Water Code §13000, et seq., all as they may from time to time be amended; and
b. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability for misuse arises pursuant to any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree due to its hazardous, toxic or dangerous nature.
8 SECTION 5. RECORDS AND AUDIT
5.1 Records and Audit. At Owner’s request and after reasonable notice and during normal business hours, Contractor shall make available to Owner, its authorized agents, officers, or employees, for audit, photocopy or compilation, any and all ledgers, books of accounts, invoices, payrolls, vouchers, cancelled checks, correspondence, internal memoranda, calculations, drafts, and other records or documents evidencing or relating to the performance of the Services (hard copy or electronic), expenditures and disbursements charged to Owner in connection with the Services. Contractor shall maintain such documents for at least three (3) years following completion of the Services.
Such rights shall be specifically enforceable.
SECTION 6. INSURANCE
6.1 Maintenance of Insurance. Without limiting Contractor’s indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described in Exhibit “F” [Insurance] and in a form satisfactory to City.
6.2 Subcontractors Insurance. Contractor agrees to ensure that subcontractors, and any other party involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor.
Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
6.3 Modification of Insurance Provisions. The City Manager may make reasonable amendments to the insurance requirements of this section, with the written concurrence of the Finance Director or Risk Manager, in accordance with Section 9.19 [Administration and Implementation] after considering the Scope of Services, potential liabilities, and the required level of insurance to adequately protect the City.
SECTION 7. BONDS
7.1 Performance and Payment Bonds. Bonds are not required as part of this Agreement.
SECTION 8. TERMINATION
8.1 Termination and Suspension. City may, with or without cause, direct Contractor to suspend, delay or interrupt Services, in whole or in part, for such periods of time as City may determine in its sole discretion. City may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should Contractor commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of City’s written notice to
9 Contractor demanding such cure, in which case Contractor shall be liable to City for all loss, cost, expense, damage and liability resulting from such breach and termination. City may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever City determines that such termination is in City’s best interests. Additionally, Contractor may terminate this Agreement at any time and without cause or penalty upon thirty (30) days’ prior written notice to City. In the event this Agreement is terminated for any reason, Contractor shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. Contractor shall continue its work throughout the course of any dispute, and Contractor’s failure to continue work during a dispute shall be a material breach of this Purchase Order.
SECTION 9. GENERAL PROVISIONS
9.1 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
9.2 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.
9.3 Conflict of Interest. Contractor represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement.
Without limitation, Contractor represents to and agrees with City that Contractor has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing City services hereunder, including but not limited to, any interest (financial, shared ownership, shared management, shared directors, or reporting responsibilities) Contractor may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, Contractors, contractors, or regulatory City) which may have an interest in the subject matter of the Services.
9.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of the Agreement.
9.5 Governing Law. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles.
9.6 Integration. This Agreement, including the attached Exhibits “A” through “F”, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other prior agreements or understandings, whether oral or written, or entered into between Contractor and City prior
10 to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding.
9.7 Severability. If a term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
9.8 Prohibited Interests. Contractor represents and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
9.9 Amendments. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the San Marino Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for amendments or modifications to be in writing cannot be waived and that any attempted waiver shall be void.
11 9.10 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
9.11 Delivery of Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be given to the respective parties at the addresses listed in Exhibit “D”, or at such other address as the respective parties may provide in writing for this purpose. Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
9.12 Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
9.13 Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party or any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.
9.14 Subcontracting. Contractor shall not subcontract any portion of the Services, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions of this Agreement.
9.15 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
9.16 Authority to Execute. The person or persons executing this Agreement on behalf of Contractor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Contractor to the performance of its obligations hereunder.
9.17 Administration and Implementation. This Agreement shall be administered and executed by the City Manager or his or her designated representative.
The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 9.10 [Amendment] and the City Manager’s contracting authority under the City’s Municipal Code.
9.18 Force Majeure. Notwithstanding any provision of this Agreement to the contrary, City and Contractor each agree that the other party hereto shall not be liable for such party’s failure to perform its respective obligations under this Agreement if such failure is due to any fire, act of God, strike, civil disturbance, acts of public authorities, epidemics/pandemics or cause beyond such party’s reasonable control; provided however that such party invoking this section shall notify the other party within ten (10)
12 days of the commencement of the force majeure event. Lack of funds shall not be deemed a cause beyond either party’s control.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF San Marino
Gretchen Shepherd Romey
Mayor
ATTEST:
Alison Walker, City Clerk
APPROVED AS TO FORM:
Joe Montes, City Attorney
“CONTRACTOR”
By:
Name:
Title:
By:
Name:
Title:
13
EXHIBIT “A” SCOPE
OF SERVICES
See following page for
Scope of Services
EXHIBIT “B”
SCHEDULE OF PERFORMANCE
Services should be performed on the schedule listed below, unless otherwise directed by the City. No changes to the schedule shall be made without prior approval of the City:
• Days: Routine sweeping shall be conducted Monday through Friday unless otherwise directed by the Director of Public Works and/or designee • Hours: Standard operating hours for residential street sweeping shall be between 7 AM and 12 PM. The following areas shall be swept between 4 AM and 7 AM on a weekly basis
o Huntington Drive (south side) between San Gabriel Boulevard and Granada Avenue
o Huntington Drive (north side) between San Gabriel Boulevard and Garfield Avenue
o Sierra Madre Boulevard between Huntington Drive and north City limits o San Marino Avenue between Huntington Drive and Longden Drive o Mission Street from City limits to El Molino Avenue
o Mission Street Parking Lot
o San Marino Avenue Parking Lots (east and west side)
o Lacy Park Parking Lots
o Lacy Park Inner Loop (asphalt walking path) – twice per week o All City-owned alleys
• Holidays: All sweeping shall occur Monday through Friday, except on the following Holidays:
o New Year’s Day
o Martin Luther King Jr. Day
o President’s Day
o Memorial Day
o 4th of July
o Labor Day
o Veteran’s Day
o Thanksgiving Day
o Christmas Day
During the week of a holiday, the Contractor shall adjust the weekly schedule so as to return to the normal weekly schedule the following week. For sweeping missed due to the aforementioned holidays, Contractor shall arrange sweeping for another day within a five (5) day working day period. Holiday sweeping schedules must be submitted to the Public Works Director thirty (30) days prior to the holiday.
No modification to the holiday schedule shall be effective unless authorized in writing by the Public Works Director.
• Changes in Schedule Due to Weather Conditions: Contractor may verbally request permission from Director of Public Works or designee to cancel sweeping due to inclement weather. Contractor may only cancel sweeping with the prior consent of Public Works Director or designee
EXHIBIT “C”
COMPENSATION
Base Monthly Contract Amount Beginning June 1, 2025*
Description Monthly Cost Annual Cost
Weekly Street Sweeping
Weekly Sweeping of
Parking Lots/Alleys
Weekly Sweeping – Lacy
Park Inner Loop
Total
*Final cost table will be included in final agreement pending award of trash hauling contract
Beginning January 1, 2026, the Annual Contract Sum and rates provided in Exhibit “C” [Compensation] may be annually adjusted, effective July 1 of each year, based on the change in the Consumer Price Index of the Bureau of Labor Statistics and the United States Department of Labor for CPIW (Urban Wage Earners and Clerical Workers) for the Los Angeles-Anaheim-Riverside Metropolitan Area, March to March average (“CPI”), provided that such adjustment shall not exceed 5% annually.
The cost for as-needed/emergency sweeping services outside of the regularly provided services shall be charged at the rate of $285/hour, subject to the same potential pricing changes detailed above.
EXHIBIT “D”
REPRESENTATIVES
CITY’S REPRESENTATIVE
City of San Marino
Parks and Public Works Department
Attn: Public Works Director
2200 Huntington Drive
San Marino, CA 91108
CONTRACTOR’S REPRESENTATIVE
Nationwide Environmental Services
Ani Samuelian, President
11914 Front St
Norwalk, CA 90650
EXHIBIT “E”
BONDS REQUIRED
• Bonds are not required as part of this Agreement.
EXHIBIT “F”
INSURANCE REQUIREMENTS FOR CITY OF SAN MARINO
Contractor’s Duty to Show Proof of Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
Coverage shall be at least as broad as:
Commercial General Liability (CGL)
Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $5,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $5,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile Liability
Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $5,000,000 combined single limit for each accident. .
Workers’ Compensation
Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor ’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees. Contractor may satisfy the Workers’ Compensation requirement with a state approved self-insured program.
Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees, and volunteers.
Umbrella or excess liability insurance.
Contractor shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer; • “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies. Should Contractor obtain and maintain an excess liability policy, such policy shall be excess over
commercial general liability, automobile liability, and employer’s liability policies.
Should Contractor obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.
Contractor’s pollution liability insurance.
Coverage shall provide for liability arising out of sudden, accidental, and gradual pollution, and remediation. The policy limit shall be no less than $1,000,000 per claim and $2,000,000 in the aggregate. All activities contemplated in this agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for remediation of the site in the event of an environmental contamination event arising out of the materials, supplies, products, work, operations, or workmanship.
Proof of insurance.
Contractor shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter. City reserves right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage.
Contractor shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Contractor, their agents, representatives, employees, or subconsultants. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. City and its officers, officials, employees, and agents shall continue as additional insureds under such policies.
Primary/noncontributing.
Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
Products/completed operations coverage.
Products liability coverage shall extend for a minimum of three years (3) after project completion, and completed operations coverage for construction agreements shall extend for 10 years from the date of substantial completion of the project or the statute of repose, whichever is longer. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and