HomeMy WebLinkAbout6.3 Attach1-3
FINAL
AGREEMENT
BETWEEN
CITY OF DUBLIN
AND
WASTE MANAGEMENT OF ALAMEDA COUNTY
FOR
INTEGRATED SOLID WASTE
MANAGEMENT SERVICES
,. ,. ,.
June 13, 1995
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RECITALS
ARTICLE 1.
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
1.21
1.22
1.23
1.24
1.25
1.26
FINAL
AGREEMENT
BETWEEN
CITY OF DUBLIN"
AND
WASTE MANAGEMENT OF ALAMEDA COUNTY
FOR
INTEGRATED saUD WASTE
MANAGEMENT SERVICES
TABLE OF CONTENTS
DEFlNmONS
AB 939
Affiliate
Agreement
Base Rate
Billings
California Integrated Waste Management Act
City
Collect / Collection
Commercial and Industrial Property
Commercially Generated Recyclable Materials
Company
Company Collection Compensation
Company Compensation
Company Disposal Compensation
Company's Proposal
ConstructiQn Debris
Containers
Demolition Debris
Disposal
Disposal Site(s)
Environmental Laws
Facility
Fee Component
Fiscal Year
Franchise
Garbage
Page
1
3
3
3
3
3
4.
4.
4
4
4
4
4
4
5
5
5
5
5
5
5
5
6
6
6
6
6
6
June 13, 1995
Page
1.27 Gate Rate
1.28 Green Waste 6
1.29 Hazardous Substance 7
1.30 Hazardous Waste 7
1.31 Household Hazardous Waste (ffiiW) 7
1.32 Legislation 8
1.33 Materials Recovery Facility (MRF) 8
1.34 Multi-Family Dwelling Unit 8
1.35 Owner 8
1.36 Person 8
1.37 Premises 8
1.38 Rate Year 8
1.39 Recycling 8
1.40 Recyclable 9
1.41 Recycla1;>le Materials 9
1.42 Recycled 9
1.43 Refuse 9
1.44 Related Party Entity 9
1.45 Residential Property 9
1.46 Rubbish 9
1.47 Second Rate Year 9
1.48 Single-Family Dwelling Unit 9
1.49 Solid Waste 10
1.50 Source Reduction Program 10
1.51 Source Separation 10
1.52 Waste Generator 10
ARTICLE 2. GRANT AND ACCEPTANCE OF ~CffiSE 11
2.1 Grant and Acceptance of Franchise 11
2.2 Effective Date 11
2.3 Term of Agreement 11
2.4 Option to Extend Term 11
2.5 Conditions to Effectiveness of Agreement 11
2.6 Scope of Franchise 12
2.7 Limitations to Scope 12
2.8 City's Right to Direct Changes 14
2.9 Ownership of Solid Waste 15
2.10 Company Status 16
2.11 Company Authorization 16
2.12 Statements and Information in Proposal 16
2.13 Status of Disposal Site 17
2.14 Closure of Disposal Site 17
June 13, 1995
Page
ARTICLE 3. FRANCmSE FEE AND SOURCE REDUCTION AND RECYCLING
FEE (SRR FEE), AND ADMINISTRATIVE FEE 18
3.1 Franchise Fee 18
3.2 Source Reduction and Recycling (SRR) Fee 19
3.3 Administrative Fee 19
3.4 Other ,Fees 20
ARTICLE 4. DIRECT SERVICES 21
4.1 Solid Waste 21
4.2 Recycling 24
4.3 Green Waste Program 26
4.4 Operations 27
4.5 Implementation Plan 34
4.6 Contingency Plan 34
4.7 Disposal 34
ARTICLE 5. OTHER SERVICES 39
5.1 Services and Customer Billing 39
5.2 Customer Service 40
5.3 Education and Public Awareness 42
5.4 Waste Generation / Characterization Studies 43
ARTICLE 6. COMPANY'S COMPENSATION AND RATES 44
6.1 General 44
6.2 Company's Initial Compensation 45
6.3 Company's Compensation for the Second Rate Year 45
6.4 Company's Compensation for Subsequent Rate Years 50
6.5 Company's Compensation for the Extension Period 51
6.6 Application for Adjustment 51
6.7 Variances from Projections 52
6.8 Extraordinary Adjustments 52
6.9 Initial Rates 53
6.10 Subsequent Rates 53
6.11 City Grants 53
ARTICLE 7. REVIEW OF SERVICES AND PERFORMANCE 54
7.1 Performance Hearing 54
June 13, 1995
Page
ARTICLE 8. RECORDS, REPORTS AND IN"FORMA TION REQUIREMENTS 56
8.1 General 56
8.2 Records 56
8.3 Reports 58
8.4 Right to Inspect Records 61
ARTICLE 9. INDEMNIFICATION, IN"SURANCE AND BOND 63
9.1 Indemnification 63
9.2 Hazardous Substances Indemnification 64
9.3 AB 939 Commitment 64
9.4 Altamont Disposal Facility Closure/Post-closure Credit 65
9.5 Insurance 65
9.6 Faithful Performance Bond 70
ARTICLE 10. CITY'S RIGID TO PERFORM SERVICE 71
10.1 General 71
10.2 Temporary Possession of Company's Property 72
10.3 Billing and Compensation to City During City's Possession 73
lOA City's Right to Relinquish Possession 73
10.5 City's Possession Not a Taking 73
10.6 Duration of City's Possession 73
ARTICLE 11. DEFAULT, REMEDIES AND liQUIDATED DAMAGES 74
11.1 Events of Default 74
11.2 Right to Terminate Upon Default 75
11.3 liquidated Damages 76
11.4 Excuse from Performance 79
11.5 Notice, Hearing and Appeal of City Breach 80
11.6 Assurance of Performance 81
ARTICLE 12. OTHERAGREEMffiNTS OF THE PARTIES 82
12.1 Relationship of Parties 82
12.2 Compliance with Law 82
12.3 Governing Law 82
12.4 Jurisdiction 82
12.5 Assignment 83
126 Affiliated Companies 85
12.7 Contracting or Subcontracting 85
12.8 Binding on Assigns 85
June 13, 1995
12.9
12.10
12.11
12.12
12.13
12.14
12.15
12.16
12.17
12.18
12.19
12.20
Transition to Next Company
Parties in Interest
Waiver
Company's Investigation
Condemnation
Notice
Representatives of the Parties
City Free to Negotiate with Third Parties
Compliance with Municipal Code
Lease of Equipment and Facilities
Pri vacy
Early Termination of Obligations under Current Agreement
ARTICLE 13.
:MISCELLANEOUS AGREEMENTS
13.1
13.2
13.3
13.4
13.5
13.6
13.7
Entire Agreement
Section Headings
References to Laws and Other Agreements
Interpretation
Agreement
Severability
Exhibits
Exhibits
1. Company's Proposal
2. Public Facilities
3. Initial Rates
4. Faithful Performance Bond
5. Notary Certification
6. Calculation of Company's Compensation for IS-Month Period
Ending June 30,1997
7. Calculation of Company's Collection Compensation for 12~Month
Period Ending June 30, 1998
8. Calculation of Company's Disposal Compensation for 12-Month
Period Ending June 30, 1998
9. Example of Calculation of Company's Compensation and Rate
Adjustment
Page
85
86
86
86
86
86
87
87
88
88
88
88
89
89
89
89
89
89
89
90
June 13, 1995
RECITALS
This Franchise Agreement (Agreement) is entered into this _ day of , 1995,
by and between the City of Dublin (City) and Waste Management of Alameda County
(Company), for the collection, transportation, recycling, processing, and disposal of solid waste
and other services related to meeting the goals and requirements of the California Integrated
Waste Management Act.
Reci tals
WHEREAS, the Legislature of the State of California, by enactment of the California
Integrated Waste Management Act of 1989 (AB 939) (California Public Resources Code Section
40000 et seq.), has declared that it is in the public interest to authorize and require local
agencies to make adequate provisions for solid waste handling within their jurisdictions; and,
WHEREAS, pursuant to California Public Resources Code Section 40059(a)(2), the City
Council of City has determined that the public health, safety, and well-being require that an
exclusive franchise be awarded to a qualified company for the collection, transfer and
transportation, recycling, processing, and disposal of solid waste and other services related to
meeting the diversion goals of 25% by January 1, 1995, and 50% by January 1,2000, and other
requirements of the California Integrated Waste Management Act; and,
WHEREAS, the City Council of City declares its intention of maintaining reasonable rates
for the collection, transportation, recycling, processing, and disposal of solid waste and other
services; and,
WHEREAS, the City is party to three agreements with affiliates of the Company, as
follows: (1) "Agreement Between the Oty of Dublin and Oakland Scavenger Company
Regarding Waste Collection and Disposal," date March 10, 1986, as amended; (2) "Agreement
Between the City of Dublin and Livermore Disposal for the Dublin Recycle America Program,"
dated April 24, 1990, as amended ;and (3) "Agreement for Multi-Family Recycling Between
Oakland Scavenger Company (OSC), Livermore Dublin Disposal (LDD) and the City of Dublin
(CITY)," dated February 22,1993, as amended; (hereafter collectively referred to as "current
agreements").
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June 13, 1995
WHEREAS, the current franchise agreements will expire on March 31, 1996; and,
WHEREAS, City and Company (Parties) hereto desire to enter said Agreement; and,
WHEREAS, Company agrees to and acknowledges that it shall arrange for the proper
disposal of all solid waste collected in City and City is not instructing Company how to collect
and dispose of solid waste.
NOW, THEREFORE, in consideration of the premise above stated and the terms,
conditions, covenants and agreements contained herein, the Parties do hereby agree as follows:
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June 13, 1995
ARTICLE 1
DEFINITIONS
1. AD 939
"AB 939" means the California Integrated Waste Management Act of 1989 (California
Public Resources Code Section 40000 et al.), as it may be amended from time to time.
2. Affiliate
"Affiliate" means all businesses (including corporations, limited and general
partnerships and sole proprietorships) which are directly or indirectly related to
Company by virtue of direct or indirect ownership interest or common management
shall be deemed to be "Affiliated with" Company and included within the term
"Affiliates" as used herein. An Affiliate shall include a business in which Company
owns a direct or indirect ownership interest, a business which has a direct or indirect
ownership interest in Company and/or a business which is also owned, controlled or
managed by any business or individual which has a direct or indirect ownership
interest in Company. For purposes of determining whether an indirect ownership
interest exists, the constructive ownership provisions of Section 318(a) of the Internal
Revenue Code of 1986, as in effect on the date of this Agreement, shall apply; provided,
however, that (i) "ten percent (10%)" shall be substituted for "fifty percent (50%)" in
Section 318(a)(2)(C) and in Section 318(a)(3)(C) thereof; and (ii) Section 318(a)(S)(C) shall
be disregarded. For purposes of determining ownership under this paragraph and
constructive or indirect ownership under Section 318(a), ownership interest of less than
ten percent (10%) shall be disregarded and percentage interests shall be determined on
the basis of the percentage of voting interest or value which the ownership interest
represents, whichever is greater.
3. Agreement
"Agreement" means this Franchise Agreement between City and Company for
Collection, transportation, Recycling, processing and Disposal of Refuse, Recyclable
Materials and Yard Waste, and other services related to meeting the goal and
requirements of AB 939, including all exhibits and attachments, and any amendments
thereto.
4. Base Rate
"Base Rate" means that portion of the Gate Rate which represents Company's charge for
Disposal and includes all Disposal Site operating costs, general and administrative costs
and profit.
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June 13, 1995
5. Billings
"Billings" means any and all statements of charges for services rendered, howsoever
made, described or designated by Company, or made by others for Company, to
owners or occupants of property, including Residential Property and Commercial and
Industrial Property, served by Company for the Collection of Solid Waste.
6. California Integrated Waste Management Act
"California Integrated Waste Management Act" means Public Resources Code, Section
40000 et seq.
7. ~
"City" means City of Dublin, a municipal corporation, and all the territory lying within
the municipal boundaries of City as presently existing or as such boundaries may be
modified during the term of this Agreement.
8. Collect/Collection
"Collect" or "Collection" means to take physical possession, transport, and remove Solid
Waste within and from City.
9. Commercial and Industrial Property
"Commercial and Industrial-Property" means property upon which business activity is
conducted, including but not limited to retail sales, services, wholesale operations,
manufacturing and industrial operations, but excluding businesses conducted upon
Residential Property which are permitted under applicable zoning regulations and are
not the primary use of the property.
10. Commercially Generated Rec:yclable Materials
"Commercially Generated Recyclable Materials" means Recyclable materials generated
at Commercial and/or Industrial Property and separated by the Waste Generator for
Collection in a manner different from Garbage or Refuse.
11. Company
"Company" means Waste Management of Alameda County, a corporation organized
and operating under the laws of the State of California and its officers, directors,
employees, agents, companies and subcontractors.
12. Company Collection Compensation
"Company Collection Compensation" means the full, entire and complete compensation
due to Company for all costs (including labor, equipment, material and supplies, taxes,
insurance, bonds, overhead, profit and all other things), excluding Company Disposal
Compensation, necessary to perform all services required by this Agreement.
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June 13, 1995
13. Company Compensation
"Company Compensation" means the revenue received by the Company from Billings
in return for providing services in accordance with this Agreement and any
amendments to this Agreement and is the sum of Company Collection Compensation
and Company Disposal Compensation.
14. Company Disposal Compensation
"Company Disposal Compensation" means the full, entire and completed compensation
due to Company for all costs associated with Disposal of Solid Waste collected by
Company from Waste Generators.
15. Company's Proposal
"Company's Proposal" means the proposal submitted by Company and received on
March 1, 1995, in response to a Request for Proposals dated January 25, 1995L and
amended through negotiations, which is included as Exhibit 1 to this Agreement and is
incorporated by reference.
16. Construction Debris
"Construction Debris" means used or discarded construction materials removed from a
Premises during the construction of a structure.
17. Containers
"Containers" means any and all types of Solid Waste receptacles.
18. Demolition Debris
"Demolition Debris" means used construction materials removed from a site during the
razing or renovation of a structure as part of a total service offered by a duly licensed
demolition contractor (C-21 license).
19. Disposal
"Disposal" means the final disposition of Solid Waste Collected by Company at a
landfill or other facility approved by City.
20. Disposal Site(s)
"Disposal Site(s)" mean the Solid Waste handling facility or facilities designated by City
for the ultimate Disposal of Solid Waste Collected by Company. City designates the
Altamont Landfill as the Disposal Site as of the date this Agreement is executed.
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June 13, 1995
21. Environmental Laws
"Environmental Laws" means all federal and state statutes, county, local and City
ordinances concerning public health, safety and the environment including, by way of
example and not limitation, the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, 42 use 99601 et seq.; the Resource
Conservation and Recovery Act, 42 use 96902 et seq.; the Federal Clean Water Act, 33
use 91251 et seq.; the Toxic Substances Control Act, 15 USC 91601 et seq.; the
Occupational Safety and Health Act, 29 use 9651 ~.; the California Hazardous
Waste Control Act, California Health and Safety Code 925100 et seq.; the California
Toxic Substances Account Act, California Health and Safety Code 925300 et seq.; the
Porter-Cologne Water Quality Control Act, California Water Code 913000 et seq.; the
Safe Drinking Water and Toxic Enforcement Act, California Health and Safety Code
925249.5 et seq.; as currently in force or as hereafter amended, and all rules and
regulations promulgated there~der.
22. Facility
"Facility" means any plant or site, owned or leased and maintained, operated or used by
Company for purposes of performing under this Agreement.
23. Fee Component
"Fee Component" means that portion of the Gate Rate which consists of any Federal,
State and local fees and taxes imposed on Solid Waste and authorized pursuant to this
Agreemen t.
24. Fiscal Year
"Fiscal Year" means the period commencing January 1 of one year and concluding
December 31 of that same year for Company. For City, it means the period
commencing July 1 of one year and concluding June 30 of the subsequent year.
25. Franchise
"Franchise" means the special right granted by City to operate a public utility for Solid
Waste Collection services within City .
26. Garbage
"Garbage" means putrescible animal, fish, food, fowl, fruit or vegetable matter, or any
form thereof, resulting from the preparation, storage, handling or consumption of such
substances.
27. Gate Rate
"Gate Rate" means the total of all Disposal charges and fees and taxes to be charged by
Company to Waste Generators for the Disposal of Solid Waste pursuant to this
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June 13, 1995
Agreement. The Gate Rate consists of the Base Rate, the Fee Component and all
increases in those charges and fees permitted under the terms of this Agreement.
28. Green Waste
"Green Waste" means tree trimmings, grass cuttings, dead plants, leaves, branches and
dead trees (not more than six (6) inches in diameter) and similar materials generated at
the Premises.
29. Hazardous Substance
"Hazardous Substance" shall mean any of the following: (a) any substances defined,
regulated or listed (directly or by reference) as "Hazardous Substances", "hazardous
materials", "Hazardous Wastes", "toxic waste", "pollutant" or "toxic substances" or
similarly identified as hazardous to human health or the environment, in or pursuant to
(i) the Comprehensive Environmental Response, Compensation and Uability Act of
1980,42 use 99601 et seq.(CERCLA); (ii) the Hazardous Materials Transportation Act,
49 use 91802, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC 96901
et seq.; (iv) the Clean Water Act, 33 use 91251 et seq.; (v) California Health and Safety
Code 9925115-25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 use 97901 et
seq.; and (vii) California Water Code 913050; (b) any amendments, rules or regulations
promulgated thereunder to such enumerated statutes or acts currently existing or
hereafter enacted; and (c) any other hazardous or toxic substance, material, chemical,
waste or pollutant identified as hazardous or toxic or regulated under any other
applicable federal, state or local environmental laws currently existing or hereinafter
enacted, including, without limitation, friable asbestos, polychlorinated biphenyls
("PCBs"), petroleum, natural gas and synthetic fuel products, and by.products.
30. Hazardous Waste
"Hazardous Waste" means all substances defined as Hazardous Waste, acutely
Hazardous Waste, or extremely Hazardous Waste by the State of California in Health
and Safety Code 925110.02,925115, and 925117 or in the future amendments to or
recodifications of such statutes or identified and listed as Hazardous Waste by the US
Environmental Protection Agency (EPA), pursuant to the Federal Resource
Conservation and Recovery Act (42 use 96901 et seq.), all future amendments thereto,
and all rules and regulations promulgated thereunder.
31. Household Hazardous Waste (HHW)
"Household Hazardous Waste" means Hazardous Waste generated at residential
Premises.
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June 13, 1995
32. Legislation
"Legislation" means any code, ordinance, resolution or any other forms/enactment of
the governing body of City which now exists or which may hereafter be adopted which
constitutes law or regulation governing the operation of Company.
33. Materials Recovexy Facility (MRF)
"Materials Recovery Facility" means a pennitted Solid Waste facility where Solid Wastes
or Recyclable Materials are sorted or separated for the purposes of Recycling or
composting.
34. Multi-Family Dwelling Unit
"Multi-Family Dwelling Unit" means any Premises serviced in a manner similar to
Commercial and Industrial Property (bin or debris box), but used for residential
purposes (not including hotels or motels), irrespective of whether residence therein is
transient, temporary or permanent.
35. Owner
"Owner" means the Person holding the legal title to the real property constituting the
Premises to which Solid Waste Collection service is to be provided under this
Agreement.
36. Person
"Person" means any individual, finn, association, organization, partnership,
corporation, business trust, joint venture, the United States, the State of California, the
County of Alameda, towns, cities, and special purpose districts.
37. Premises
"Premises" means any land, or building in City where Solid Waste is generated or
accumulated.
38. Rate Year
"Rate Year" means the twelve month period, commencing July 1, of one year and
concluding June 30 of the subsequent year, for which Company Compensation is
calculated.
39. ReQ"cling
"Recycling" means the process of separating for Collection, Collecting, treating and/or
reconstituting Recyclable Materials which would otherwise be discarded without
receiving compensation and returning them to the economy in the form of raw
materials for new, reused, or reconstituted products. The Collection, transportation or
Disposal of Solid Waste not intended for, or capable of, reuse is not Recycling.
Recycling does not include use of Solid Waste for conversion to energy.
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June 13, 1995
40. Rec::yclable
"Recyclable" means a material which can be processed into a form suitable for reuse
through reprocessing or re-manufacture consistent with the requirements of the
California Integrated Waste Management Act.
41. Rec::yclable Materials
"Recyclable Materials" means residential, conunercial or industrial Source Separated by-
products of some potential economic value, set aside, handled, packaged, or offered for
Collection in a manner different from Garbage or Refuse.
42. Rec::ycled
"Recycled" means the act of having processed Recyclable Materials into a form suitable
for reuse and having marketed those processed materials for a use consistent with the
requirements of the California Integrated Waste Management Act for Recycled
materials. The act of marketing does not require that revenue is generated from the
processed materials.
43. Refuse
"Refuse" includes both Garbage and Rubbish and means putrescible and non-
putrescible Solid Waste or debris, except sewage, whether combustible or non-
combustible.
44. Related Party Entity
"Related Party Entity" means any Affiliate which has financial transactions with
Company
45. Residential Property
"Residential Property" means property used for residential purposes, irrespective of
whether such dwelling units are rental units or are owner-occupied.
46. Rubbish
"Rubbish" means all waste wood, wood products, printed materials, paper, paste board,
rags, straw, used and discarded clothing, packaging materials, ashes, floor sweepings,
glass and other materials not included in the definition of Garbage, Hazardous
Substance, Yard Waste or Recyclable Materials.
47. Second Rate Year
"Second Rate Year" means the one-year period from July 1, 1997 through June 30,1998.
48. Single Family Dwelling Unit
"Single Family Dwelling Unit" means each Premises used for or designated as a single
family residential dwelling, including each unit of a duplex, triplex or town house in all
cases in which there is separate or individual Solid Waste Collection service using cans
or carts.
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June 13, 1995
49. Solid Waste
"Solid Waste" means all putrescible and non-putrescible residential Refuse, commercial
Refuse, institutional Refuse, Garbage, Recyclable Material, Green Waste, and Rubbish
and as otherwise defined in Public Resources Code 940191. Any material that a Waste
Generator pays to be hauled away shall be defined to be Solid Waste and not a
Recyclable Material.
50. Source Reduction Program
"Source Reduction Program" means any program that reduces the amount of Refuse
that would otherwise be disposed of in a landfill, including without limitation
Recycling, processing, salvaging and waste-to-energy projects.
51. Source Separation
"Source Separation" means the segregation into separate Containers by the Waste
Generator of individual components of material which otherwise would become Refuse
or Garbage, such as glass bottles, metal cans, newspapers, plastic containers, etc., for th~
sole purpose of Recycling, to be picked up by Company.
52. Waste Generator
"Waste Generator" means any Person as defined by Section 40170 of the Public
Resources Code, whose act or process produced Solid Waste as defined in Public
Resources Code Section 40191, or whose act first causes Solid Waste to become subject
to regulation.
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June 13, 1995
ARTICLE 2
GRANT AND ACCEPTANCE OF FRANCHISE
2.1 Grant and Acceptance of Franchise
Subject to Section 2.5, City hereby grants to Company the exclusive Franchise, right and
privilege to Collect, transfer, transport, Recycle, process, and dispose of Solid Waste and
Construction and Demolition Debris accumulating in City that is required to be
accumulated and offered for Collection to Company in accordance with this Agreement.
Company hereby accepts the Franchise on the terms and conditions set forth in this
Agreement.
2.2 Effective Date
The effective date of this Agreement shall be January 1, 1996 ("effective date").
2.3 Tenn of Agreement
The term of this Agreement shall be seven (7) years and six (6) months commencing at
midnight December 31, 1995, and expiring at midnight June 30, 2003, subject to
extension as provided in Section 2.4.
2.4 Option to Extend Tenn
City shall have the sole option to extend this Agreement three (3) times up to thirty-six
(36) months in periods of at least twelve (12) months each. If City elects to exercise this
option, it shall give written notice not later than ninety (90) days prior to the initial
termination date, or, if an extension has been exercised, ninety (90) days prior to the
extended termination date.
2.5 Conditions to Effectiveness of Agreement
The obligation of City to permit this Agreement to become effective and to perform its
Wldertakings provided for in this Agreement is subject to the satisfaction of each and all
of the conditions set out below, each of which may be waived in whole or in part by
City.
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JWle 13, 1995
a) Accuracy of Representations. Representations and warranties made by
Company throughout this Agreement are accurate, true and correct on and as of
the effective date of this Agreement.
b) Absence of Litigation. There is no litigation pending or threatened in any court
challenging the award of this Franchise to Company or the execution of this
Agreement or seeking to restrain or enjoin its performance.
c) Furnishing of Insurance and Bonds. Company has furnished evidence of the
insurance and bonds required by Article 9.
d) Effectiveness of City Council Action. City's Resolution No. _ approving this
Agreement, shall have become effective pursuant to California law prior to the
effective date.
2.6 Scope of Franchise
Subject to Section 2.7, the Franchise granted to Company shall be exclusive for Garbage,
Mixed Recyclables, Recyclable Materials, Refuse, Rubbish, Construction and Demolition
Debris, residential, commercial and industrial Solid Waste, cannery waste, and Green
Waste except where otherwise precluded by state law or where other current programs
provide for Collection and Disposal of HHW.
2.7 Limitations to Scope
The Franchise for the Collection, removal and Disposal of Solid Waste granted to
Company shall be exclusive except as to the following categories of Solid Waste listed in
this Section. The granting of this Franchise shall not preclude the categories of Solid
Waste listed below from being delivered to and Collected and transported by others
provided that nothing. in this Agreement is intended to or shall be construed to excuse
any Person from obtaining any authorization from City which is otherwise required by
law:
a) Recyclable Materials source separated (as defined in the Dublin Municipal Code
Chapter 5.32) from Solid Waste by the Waste Generator and for which Waste
Generator sells or is otherwise compensated by a collector in a manner resulting
in a net payment to the Waste Generator;
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June 13, 1995
b) Solid Waste, including Recyclable Materials and Green Waste, which is removed
from any Premises by the Waste Generator, and which is transported personally
by the Owner or occupant of such Premises (or by his or her full-time employees)
to a processing or Disposal Facility;
c) Recyclable Materials and Green Waste which are source separated at any
Premises by the Waste Generator and donated to youth, civic, or charitable
organizations.
d) Containers delivered for Recycling under the California Beverage Container
Recycling Litter Reduction Act, Section 14500, et. seq. California Public Resources
Code:
e) Green Waste removed from a Premises by a gardening, landscaping, or tree
trimming Company as an incidental part of a total service offered by that
Company rather than as a hauling service;
f) Demolition Debris removed from a Premises by a licensed demolition or
construction company using its own employees and equipment as an incidental
part of a total service offered by that company rather than as a hauling service;
g) Animal waste and remains from slaughterhouse or butcher shops for use as
tallow;
h) By-products of sewage treatment, including sludge, sludge ash, grit and
screenings; and,
i) Hazardous Waste and designated waste regardless of its source.
Company acknowledges and agrees that City may permit other Persons besides
Company to Collect any or all types of the Solid Waste listed in this Section 2.7,
including Recyclable materials, without seeking or obtaining approval of Company
under this Agreement.
This grant to Company of an exclusive Franchise, right and privilege to Collect,
transport or process and Dispose of Solid Waste shall be interpreted to be consistent
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June 13, 1995
with state and federal laws, now and during the term of the Franchise, and the scope of
this exclusive Franchise shall be limited by current and developing state and federal
laws with regard to Solid Waste handling, exclusive Franchise, control of Recyclables,
Solid Waste flow control, and related doctrines. In the event that future interpretations
of current law, enactment or developing legal trends limit the ability of City to lawfully
provide for the scope of Franchise services as specifically set forth herein, Company
agrees that the scope of the Franchise will be limited to those services and materials
which may be lawfully provided for nnder this Agreement, and that City shall not be
responsible for any lost profits claimed by Company to arise out of further limitations of
the scope of the Agreement set forth herein. In such an event, it shall be the
responsibility of Company to minimize the financial impact to other services being
provided as much as possible.
2.8 City's Right to Direct Changes
2.8.1 General
City may direct Company to perform additional services (including new diversion
programs, billing services, etc.) or modify the manner in which it performs existing
services. Pilot programs and innovative services which may entail new Collection
methods, different kinds of services and/or new requirements for Waste Generators are
included among the kinds of changes which City may direct. Company shall be entitled
to an adjustment in its Company Compensation in accordance with Section 6.8 for
providing such additional or modified services.
2.8.2 New Diversion Programs
Company shall present, within 30 days of a request to do so by City, a proposal to
provide additional or expanded diversion services. The proposal shall contain a
complete description of the following:
· Collection methodology to be employed (equipment, manpower, etc.).
· Equipment to be utilized (vehicle number, types, capacity, age, etc.).
· Labor requirements (number of employees by classification).
· Type of materials containers to be utilized.
· Provision for program publicity / education/ marketing.
. Five-year projection of the financial results of the program's operations in a
balance sheet and operating statement format including documentation of the
key assumptions underlying the projections and the support for those
assumptions.
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June 13, 1995
2.8.3 City's Right to Acquire Services
Company acknowledges and agrees that City may permit other Persons besides
Company to provide additional Solid Waste services not otherwise contemplated
under Section 2.6 and 2.7 of this Agreement. If pursuant to Section 2.8.2, Company and
City cannot agree on terms and conditions of such services in ninety (90) days from the
date when City first requests a proposal from Company to perform such services,
Company acknowledges and agrees that City may permit Persons other than Company
to provide such services.
2.8.4 Implementing New Services
If (a) Company is capable of performing or developing the ability to perform a
requested service or modifying an existing service; (b) Oty has agreed to have
Company provide such additional service in accordance with Company's proposal; and,
(c) an adjustment in Comp~y's Compensation has been requested but has not been
agreed upon or implemented, Company shall commence the new or changed service
while the appropriate revenue adjustment is being determined and implemented. If the
parties are unable to agree on the amount of the Company Compensation adjustment
within 45 days, City may permit a third party, and Company shall not be obligated, to
perform such additional or modified service.
2.9 Ownership of Solid Waste
Once Solid Waste is placed in Containers and properly placed at the designated
Collection location, ownership and the right to possession shall transfer directly from
the Waste Generator to Company by operation of law. Subject to Company's objective
to meet the Source Reduction and Recycling goals which apply to City and City's right
to direct Company to process and dispose of Solid Waste at a particular licensed Solid
Waste processing Facility or to dispose of Solid Waste at a particular licensed Disposal
Facility, if and only if City exercises such right by providing specific written direction to
Company, Company is hereby granted the right to retain, Recycle, process, Dispose of,
and otherwise use such Refuse, Green Waste, Recyclable Materials, Construction and
Demolition Debris, or any part thereof, in any lawful fashion or for any lawful purpose
desired by Company. Subject to the provisions of this Agreement, Company shall have
the right to retain any benefit resulting from its right to retain, Recycle, process,
Dispose of, or use the Refuse, Green Waste, Recyclable Materials, Construction and
Demolition Debris which it Collects. Refuse, Green Waste, Recyclable Materials,
Construction and Demolition Debris, or any part thereof, which is disposed of at a
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June 13, 1995
Disposal Site or sites (whether landfill, transformation Facility, Transfer Station, or
Material Recovery Facility) shall become the property of the Owner or operator of the
Disposal Site(s) once deposited there by Company. City may obtain ownership or
possession of Solid Waste placed for Collection upon written notice of its intent to do
so, however, nothing in this Agreement shall be construed as giving rise to any
inference that City has such ownership or possession unless such written notice has
been given to Company. H Oty directs Company to dispose of waste at a Disposal
Facility other than Altamont Landfill or any other Disposal Facility owned by Company
or Affiliate, Company shall provide disposal at a Gate Rate which the City or Company
can negotiate with such Disposal Facility. Company Compensation shall be adjusted in
accordance with Section 6.8 to reflect such Gate Rate.
2.10 Company Status
Company is, duly organized, validly existing and in good standing under the laws of the
State of California. It is qualified to transact business in the State of California and has
the power to own its properties and to carry on its business as now owned and operated
and as required by this Agreement.
2.11 Company Authorization
Company has the authority to enter into and perform its obligations under this
Agreement. The Board of Directors or partners of Company (or the shareholders, if
necessary) have taken all actions required by law, its articles of incorporation, its bylaws
or otherwise to authorize the execution of this Agreement. The Persons signing this
Agreement on behalf of Company have authority to do so.
2.12 Statements and Information in Proposal
The proposal dated March 1, 1995, and any information submitted to City
supplementary thereto, on which City has relied upon in awarding the Franchise to
Company and entering into this Agreement, does not contain any untrue statement of a
material fact nor omit to state a material fact necessary in order to make the statements
made, in light of the circumstances in which they were made, not misleading.
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June 13, 1995
2.13 Status of Disposal Site
Company owns the landfill. The landfill has been designed and constructed in
accordance with 23 California Code of Regulations Section 2510 et seq. ("Subchapter
15"). The landfill has been issued all permits from federal, state, regional, county and
City agencies necessary for it to operate as a Class II Sanitary Landfill and is in
compliance with all such permits.
Company is currently authorized to accept, under its existing permit, and has sufficient
uncommitted capacity to accept, all Solid Waste delivered to it by, or on behalf of, City
for the term of this Agreement plus any extensions thereto.
Company is familiar with the adopted City General Plan and more specifically the
Eastern Dublin Specific Plan as they exist at the date this Agreement was signed.
Company acknowledges that new development is anticipated in the future which will
require landfill capacity. Company has accounted for additional growth in determining
that sufficient capacity exists for the legal term of this Agreement.
2.14 Closure of Disposal Site
The closure and post.-closure maintenance plans required by 14 California Code of
Regulations Section 18260 et seq. have been submitted to and approved by the state and
local permit enforcement agencies having jurisdiction over the landfill. Company has
submitted evidence to the appropriate governing authorities of adequate provisions to
finance the closure and post-closure maintenance of the landfill as required by 14
California Code of Regulations Section 18260 et seq. and these arrangements have also
been approved by the state and local permit enforcement agencies having jurisdiction.
The mechanism which Company currently plans to utilize to meet the state requirement
of financial assurance for closure is an insurance policy issued by a captive insurance
company and the mechanism Company currently plans to use to meet the state
requirement of financial assurance for post-closure maintenance is an insurance policy
issued by a captive insurance company. Company may change either or both of these
mechanisms to another legally authorized mechanism if the change is approved by the
California Integrated Waste Management Board.
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June 13, 1995
ARTICLE 3
FRANCmSE FEE,
SOURCE REDUCTION AND RECYCLING FEE (SRR FEE),
AND ADMINISTRATIVE FEE
3.1 Franchise Fee
3.1.1 Franchise Fee Amount
In consideration of the exclusive Franchise provided in Section 2.1 of this Agreement,
Company shall pay to City 12.6% (or another amount as provided in Section 3.1.3) of the
gross revenues derived by Comp~y from services provided in City.
3.1.2 Time and Method of Payment
On or before the twentieth (20th) day of each month during the term of this Agreement,
Company shall remit to Oty a sum of money equal to the percent, as provided in
Section 3.1.1, of the gross Solid Waste revenues collected by Company from within City,
including revenues from the sale of Recycled Materials, during the preceding calendar
month, as a Franchise Fee. If the Franchise fee is not paid on or before the twentieth
(20th) day of any month, Company shall pay to City a late payment fee in an amount
equal to two percent (2%) of the amount owing for that month. Company shall pay an
additional two percent (2%) owing on any unpaid balance for each following thirty (30)
day period the Franchise Fee remains unpaid. Late payment fees shall not be included
in any revenue requirement. City may lawfully deduct any Franchise Fees and/or
penalties remaining unpaid from amounts which Oty may owe Company in
accordance with Section 5.1.2.
Each monthly remittance to City shall be accompanied by a statement detailing gross
receipts for the period-covered from all operations conducted or permitted, including
revenues from the sale of Recyclable Materials, pursuant to this Agreement. In
addition, Company shall maintain copies of all Billing and Collection records for three
(3) years, following the date of billing, for inspection and verification by City at any
reasonable time upon request.
3.1.3 Adjustment to Franchise Fee
City may adjust the amount of the Franchise Fee annually. Such adjustment shall be
reflected in the rates that Company is allowed to charge and collect from customers in
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June 13, 1995
accordance with Section 6, such that Company may receive the calculated Company
Compensation including the amount of Franchise Fees payable to City.
3.2 Source Reduction and Recycling (SRR) Fee
3.2.1 SRR Fee Amount
The City has incurred expenses for preparing and adopting the Source Reduction and
Recycling and Household Hazardous Waste Elements (SRRE and HHWE, respectively)
required by AB 939. City has, and will continue, to incur expenses for implementing the
programs in the SRRE and HHWE. These expenses will be determined and a fee
designed to reimburse City. Such fees shall be set by City resolution and provided to
Company by City. Company will collect these fees from customers on the regular
Billings and remit collected amounts to City on a monthly basis, as provided below.
Company may be required to separately identify the SRR Fee and other specific costs on
bills as determined and directed by City.
3.2.2 Time and Method of Payment
Except as expressly provided below, during the term of this Agreement and any
extension thereof, Company shall remit one-twelfth (l/12th) of the total amount
identified as the SRR Fee in the rate structure monthly to City in the same fashion and
subject to the same terms and conditions as the Franchise Fee. Company shall continue
to pay the same one-twelfth (1/12) of the SRR Fee to City each month until the SRR Fee
is changed by City resolution. The annual SRR Fee set upon execution of this
Agreement shall be Zero Dollars ($0).
3.2.3 Adjustment to SRR Fee
City may adjust the amount of the SRR Fee annually. Such adjustment shall be reflected
in the rates that Company is allowed to charge and collect from customers in
accordance with Section 6, such that Company may receive the Calculated Company
Compensation including the amount of the SRR Fees payable to City.
3.3 Administrative Fee
3.3.1 Administrative Fee Amount
In consideration of the costs related to the administration of the exclusive Franchise
provided in Section 2.1 of this Agreement, Company shall pay to City 2% percent (or
another amount as provided in Section 3.3.3) of the gross revenues derived by
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June 13, 1995
Company from services provided in City, including the revenue from the sale of
Recyclable Materials.
3.3.2 Time and Method of Payment
On or before the twentieth (20th) day of each month during the term of this Agreement,
Company shall remit to City a stun of money equal to two percent (2%) of the gross
Solid Waste revenues Collected by Company from within City, including revenues from
the sale of Recyclable Materials during the preceding calendar month, as an
Administrative Fee. If the Administrative Fee is not paid on or before the twentieth
(20th) day of any month, Company shall pay to City a late payment fee in an amount
equal to two percent (2%) of the amount owing for that month. Company shall pay an
additional two percent (2%) owing on any unpaid balance for each following thirty (30)
day period the Administrative Fee remains unpaid. Late fees shall not be included in
any revenue requirement. City may lawfully deduct any Administrative Fees and/or
penalties remaining unpaid from amounts which City may owe Company in
accordance with Section 5.1.2.
3.3.3 Adjustment to Administrative Fee
City may adjust the amount of the Administrative Fee annually. Such adjustment shall
be reflected in the rates that Company is allowed to charge and collect from customers
in accordance with Section 6, such that Company may receive the calculated Company
Compensation including the amount of Administrative Fees payable to City.
3.4 Other Fees
City shall reserve the right to set other fees, as it deems necessary. The amount, time
and method of payment and adjustment process will be set similar to Section 3.1 above.
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June 13, 1995
ARTICLE 4
DIRECT SERVICES
4.1 Solid Waste
4.1.1 General
The work to be done by Company pursuant to this Agreement shall include, but not be
limited to, the furnishing of all labor, supervision, equipment, materials, supplies, and
all other items necessary to perform the services required. The enumeration of, and
specification of requirements for, particular items of labor or equipment shall not relieve
Company of the duty to furnish all others, as may be required, whether enumerated
elsewhere in the Agreement or not.
The work to be done by Company pursuant to t~ Agreement shall be accomplished in
a thorough and professional manner so that the residents and businesses within City are
provided reliable, courteous and high-quality Solid Waste Collection at all times. The
enumeration of, and specification of requirements for, particular aspects of service
quality shall not relieve Company of the duty of accomplishing all other aspects in the
manner provided in this Section, whether such other aspects are enumerated elsewhere
in the Agreement or not.
4.1.2 Residential Refuse - Single Family Dwelling Unit
Company shall Collect Refuse from the Containers delivered for Collection by the
Waste Generator at the curbside from Company-provided Containers, not less than
once per week, except as specified below.
Senior citizens (age 65 or older and head of household), and handicapped or
temporarily incapacitated residents shall have the option of placing their Containers
near their dwelling, visible from curbside, and Company will pick up Solid Waste at
this location or other arrangement suitable to this category of rate payer and return
Container to same location. Authorization for residents to participate in this optional
program shall come from the City and information on this option shall be provided by
the Company upon request. Company will notify all residents annually, beginningowithin thirty (30) days of execution of this Agreement, of this Collection option and
submit, for approval, a draft notification to Oty prior to distribution to customers. New
customers shall be notified of this option upon requesting service.
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June 13, 1995
4.1.3 Commercial, Industrial, and Multi-Family Dwelling Units
Company shall Collect Refuse from Company-provided Solid Waste Containers and
customer-provided compactor containers of a size and shape acceptable to Company,
not less than once per week. Special consideration shall be given when determining the
pick up area for Commercial, Industrial, and/ or Multi-Family accounts to ensure that
the flow of traffic is not impeded and that it does not result in aesthetic degradation of
an area. The designated pick up area, if disputed by customer or Company, shall be
determined by City. Additionally, if in the City's opinion the location of an existing
pick up area is inappropriate, City may require the customer or Company to relocate
the pick up area.
4.1.4 City Facilities' Collection
Company shall Collect and dispose o( all Refuse generated at Premises owned and/ or
operated by City. Company shall make Collections from Containers Monday through
Friday or on Saturdays following non~working holidays. Commercial (bin) and
industrial (debris box) Collections shall be scheduled at a time mutually agreed upon by
Company and City. The location of these public collections are described in Exhibit 2.
Company shall provide, at City's direction, additional Solid Waste Collection, Disposal,
processing and consulting services entailing:
a) Collection of Solid Waste from all public sidewalk litter Containers;
b) Collection of Green Waste and Recyclable Materials from City facilities and
parks;
c) Collection of Solid Waste from City-sponsored special events;
d) Collection of Solid Waste from litter Containers in City parks;
e) Drop box or container services to City; and,
f) Review of plans for land use or property developments with regard to Solid
Waste service issues.
4.1.5 Construction and Temporary Bins/Roll-off Service
Company shall provide construction and temporary bins/roll-off service for the
purpose of Collection of non-hazardous Solid Waste. Company shall deliver and
Collect bins at the direction of the customer. Bins shall be free of graffiti and in good
repair. Bins must be clearly marked and identifiable as belonging to Company. Special
consideration shall be given when detennining the pick up area for Construction and
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June 13, 1995
Temporary Bins/Roll-off Service accounts to ensure that the flow of traffic is not
impeded and that it does not result in aesthetic degradation of an area. The designated
pick up area, if disputed by customer or Company, shall be determined by City.
Additionally, if in City's opinion the location of an existing pick up area is
inappropriate, City may require the customer or Company to relocate the pick up area.
~1.6 Annual Oeanups
Company shall provide services for three (3) City cleanups annually, as described in its
proposal. The dates for the cleanup shall be proposed by Company prior to January of
each year and approved by City. Company shall pick up authorized annual cleanup
items from all Single Family Dwelling Units at the curbside and transport to a Transfer
Station, Disposal Site or MRF at no additional cost to customers. The following
guidelines must be followed:
. All waste must be left at the curb by 5:30 a.m.
. The truck will pass each street one time only.
. Items must be placed in disposable garbage bags or boxes only. Regular garbage
cans will not be emptied.
. Tree prunings and branches must be tied in bundles not longer than 5 feet.
. The maximum each residence may dispose of is 3 cubic yards (approximately 24
trash bags or 3' x 3' X 9').
. No single item over 75 pounds will be accepted.
. The following items will not be picked up: Hazardous Waste, including waste oil or
anti-freeze; concrete and dirt; or appliances.
Company may refuse to Collect clean~up items and shall not be obligated to provide
this service to any Person who does not set out Solid Waste, as described above, after
reasonable warnings have been given. Company shall notify City of Persons whose
clean~up items were not collected.
Company shall record by class and weight (in tons) the Solid Waste, Collected during
the cleanup events. Company shall record the kinds and weights (in tons) of Solid
Waste diverted, if any, during these cleanups from the landfill through Recycling, reuse,
transformation or other means of diversion.
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June 13, 1995
4.2 Rec::yding
4.2.1 General
Company shall Collect and remove all Recyclable Materials placed in or adjacent to
Recycling Containers at the designated Collection locations for Single Family Dwelling
Units, Multi-Family Dwelling Units and commercial accounts in accordance with its
Proposal (Exhibit 1). Company shall keep separate records on all Recyclable Materials
Collected from each sector (e.g., commercial, multi-family, single family residential).
Such records shall be made available for inspection by City upon request during normal
hours of operation.
4.2.2 Residential Recycling
Recyclable Material Collection from Residential Property within City shall be a
minimum of once each week. At a minimum, Recyclable Material Collected from
Residential Property shall include, but not be limited to: glass, tin, aluminum, PET,
HOPE, narrow neck plastics, newspaper, mixed paper, cardboard, and aseptic
containers. Residential Recyclable Materials Collection shall be on the same day of the
week as Solid Waste Collection service. Company shall notify Recycling customers, as
is done for regular service, regarding holiday Collection schedules.
The minimum amount that should be diverted through Residential Recycling, as
described in City's SRRE, is 3.2% of the total waste stream by the year 2000. The goal is
a minimum and it is expected that achievements in existing programs will increase as a
result of the plans and programs required by this Agreement and described in
Company's proposal. Company agrees to work diligently to promote and expand
Recycling programs to meet these goals. Best efforts shall be made by Company to help
achieve the Recycling Diversion Goals.
4.2.3 Multi.Family Recycling
Recyclable Material Collection from Multi.Family Property within City shall be a
minimum of once each week. At a minimum, Recyclable Material Collected from Multi~
Family Property shall include, but not be limited to glass, aluminum, PET, HOPE,unarrow neck plastics, newspaper, mixed paper, cardboard, and aseptic containers.
4.2.4 Commercial Recycling
Company agrees to provide, for the entire term of the Agreement, Recycling programs
to all Commercial accounts requesting service from Company, as described in
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June 13, 1995
Company's proposal (Exhibit 1), regardless of the amount of revenue generated through
charges to Waste Generators. Programs shall be made available at a minimum for:
mixed office paper; cardboard; newspaper; scrap metal including cans; glass; PET
plastic; all narrow neck plastics; green waste; and scrap lumber, including pallets.
Company also agrees to make programs available for all other materials for which
Company has established markets. Commercial recycling Collection shall be performed
at a time mutually agreed upon by Company and the Waste Generator or Owner of the
property.
Costs of the Commercial Recycling program shall be paid by the Waste Generators
based on rates negotiated between Company and Waste Generator. Company shall
provide to City annually, or as prices are changed, a list of collection rates charged and
recyclable commodities prices paid by Company. However, if City provides Company
funds pursuant to Section 6.11, for use in the provision of Commercial Recycling
Services, City may establish the rates to be charged to Commercial customers.
In the event that Company does not meet its obligations under this Section 4.2.3 and as
described in its proposal, it shall be considered in default under Section 11.1.E of this
Agreement. If the conditions of the default are not remedied following notification of
default in accordance with Section 11.2, City shall have the right to obtain Commercial
Recycling services from another company.
The minimum amount that should be diverted through all Commercial and Multi-
Family Recycling programs, including those provided by other recycling companies, as
described in the City's SRRE, is 27.8% of the total waste stream by the year 2000. The
goal is a minimum and it is expected that achievements in existing programs will
increase as a result of the plans and programs required by this Agreement and
described in Company's proposal. Company agrees to work diligently to promote and
expand Recycling programs to meet these goals. Best efforts shall be made by Company
to help achieve the Recycling Diversion Goals.
Nothing in this Section is intended to conflict with federal or state law related to
Commercial Recycling. Should this Section be found to conflict with federal or state
law, this Section may be revised at the mutual consent of both parties.
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June 13, 1995
4.2.5 Waming Notice
Company may refuse to Collect Recyclable Materials and shall not be obligated to
continue to provide any Recycling Container to any Waste Generator in any Recycling
program who, after reasonable warning, fails to sort properly and set out Recyclable
Materials. Company shall report monthly to City any warning notices issued.
4.2.6 Marketing and Sale of Recyclable Materials
Company shall be responsible for marketing and sale of all Recyclable Materials
Collected pursuant to this Agreement. Revenues from the sale of materials generated
from Residents' Premises have been applied to the cost of serVices in Company's
proposal to reduce Company's revenue requirement. Under Section 6.8, changes in the
market value of Recyclable Materials from the values assumed in Company's proposal
shall not result in a change to Company's Compensation.
Company shall prepare, submit to City for approval, and maintain a marketing plan for
all Recyclable Materials Collected by Company under this Agreement. The approved
marketing plan shall be in place with the execution of this Agreement for proposed
Recycling service and at the time of beginning any expanded service. The marketing
plan shall fully describe Company's marketing methods and approach, targeted
primary and contingent markets, pricing policy and assumed salvage value for each
Collected type of Recyclable Material.
4.3 Green Waste Program
4.3.1 General
Company agrees to develop, implement, operate and participate (locally and regionally)
in mulching, composting, alternative daily cover, transformation or other programs to
achieve the City's Green Waste diversion requirements, in accordance with Company's
proposal (Exhibit 1). In particular, Company agrees to accomplish the programs set out
in this Agreement and to be aggressive in the pursuit of new opportunities to divert
Green Waste from Disposal. The minimum amount that should be diverted through
Green Waste Processing as described in the City's SRRE is 6.6% of the total waste stream
by the year 2000. This amount is a minimum and best efforts should be made to divert
as much Green Waste from Disposal as possible.
Company shall provide weekly curbside Collection of Green Waste on the same day as
Refuse Collection from the City's Single Family Dwelling Units placed in Containers.
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June 13, 1995
4.3.2 Christmas Tree Collection Program
Company shall operate an annual Christmas Tree Collection program. The program
shall include curbside and drop--off (if necessary) Collection and target all Residential
properties in City. Company shall reasonably cooperate with City and non.profit
groups in the scheduling and operation of the Christmas tree collection program.
4.3.3 End Uses for Green Waste
Company shall divert Green Waste materials Collected through curbside Collection,
Christmas Tree Collection and mixed waste processing (if applicable) from Disposal.
Company must provide end uses for Green Waste that maximize diversion credits for
City according to regulations established by the California Integrated Waste
Management Board.
4.3.4 Backyard Com posting
Company shall provide City technical advice and management assistance from existing
staff to develop and implement backyard composting programs as required in the City's
SRRE in conjWlction with programs operated by the Alameda COWlty Waste
Management Authority. Such assistance and advice shall entail no more than an
average of eight (8) hours per month and the inclusion of prepared materials with bills
and shall be considered an operating cost. Company agrees to provide other direct
assistance such as purchasing and providing composting materials and supplies, and
additional technical staff based on direction from City and with equitable
reimbursement.
4.4 Operations
4.4.1 Schedules
To preserve peace and quiet, no Solid Waste, Recyclable Materials, or Green Waste shall
be Collected from or within two-hundred (200) feet of Residential Premises between
6:00 P.M. and 5:30 A.M. on any day. Such Solid Waste, Recyclable Materials and Green
Waste shall be Collected, Monday through Friday. Company shall notify City and
customers in writing at least two (2) weeks before an alternate Collection day is
scheduled when the regularly scheduled Collection day falls on Christmas Day or New
Year's Day. Collection of Solid Waste from Commercial and Industrial Properties may
be extended to include Saturdays and the hours of 6:00 p.m. to 5:30 a.m. if prior written
approval is granted by City.
.27.
JWle 13, 1995
Company shall be prepared to review its operations plan outlining the Collection
routes, intervals of Collection and Collection times for all materials Collected under this
Agreement with City once annually upon 3D-day written notice requesting said review.
More frequent reviews may be required if operations are not satisfactory based on
documented observations or reports or complaints. If the plan is determined to be
inadequate by City, Company shall revise plan incorporating any changes into a revised
plan and review said revised plan with City within thirty (30) calendar days.
When notified of a missed pick-up, Company shall Collect the Solid Waste, Recyclable
Materials, and/ or Green Waste within one (1) business day.
4.4.2 Vehicles
A. General. Company shall provide Collection vehicles sufficient in nwnber and
capacity to efficiently perform the work required by the Agreement in strict accordance
with its terms. Company acknowledges that the "one-pass" dual collection vehicles it
has proposed have not been utilized by it in the manner proposed in any other location.
Company agrees that, in the event that these vehicles do not achieve the anticipated
productivity, it shall provide such additional vehicles as are necessary to perform its
services under this Agreement at no additional cost to City or Waste Generator.
Company shall have available on Collection days sufficient back-up vehicles for each
type of Collection vehicle (e.g., can or cart service, bin service and debris box service)
used to respond to complaints and emergencies.
B. Specifications. All vehicles used by Company in providing Refuse, Recycling,
Construction and Demolition Debris, and Green Waste Collection services shall be
registered with the California Department of Motor Vehicles. All such vehicles shall
have water-tight bodies designed to prevent leakage, spillage or overflow.
C. Vehicle Identification. Company's name, local telephone nwnber, and a unique
vehicle identification number designed by Company for each vehicle shall be
prominently displayed on all vehicles, in letters and nwnbers no less than two and one-
half (2 1/2) inches high. Company shall not place City's name and/ or any City logos on
Company vehicles. '
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June 13, 1995
D. Qeaning and Maintenance
1) Company shall maintain all of its properties, vehicles, facilities, and
equipment used in providing service under this Agreement in a good.,
safe, neat, clean and operable condition at all times.
2) Vehicles used in the Collection of Refuse, Recyclable Materials,
Construction and Demolition D~bris and Green Waste shall be painted,
thoroughly washed, and thoroughly steam cleaned on a regular basis so as
to present a clean appearance. City may inspect vehicles at any time to
determine compliance with this Agreement. Company shall also make
vehicles available to the Alameda County Health Department for
inspection, at any frequency it requests.
3) Company shall repaint all vehicles used in the Collection of Solid Waste,
Recyclable Materials and Green Waste, within thirty (30) days' notice from
Oty~ if City determines that their appearance warrants painting.
4) Company shall inspect each vehicle daily to ensure that all equipment is
operating properly. Vehicles which are not operating properly shall be
removed from service until repaired and operating properly. Company
shall perform all scheduled maintenance functions in accordance with the
manufacturer's specifications and schedule. Company shall keep accurate
records of all vehicle maintenance, recorded according to date and
mileage and shall make such records available to City upon request.
5) Company shall repair, or arrange for the repair of, all of its vehicles and
equipment for which repairs axe needed because of accident, breakdown
or any other cause so as to maintain all equipment in a safe and operable
condition. If an item of repair is covered by a warranty, Company shall
obtain warranty performance. Company shall maintain accurate records
of repair, which shall include the date and mileage, nature of repair and
the verification by signature of a maintenance supervisor that the repair
has been properly performed.
6) Company shall furnish City a written inventory of all equipment,
including Collection vehicles, used in providing service, and shall update
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June 13, 1995
the inventory annually. The inventory shall list all equipment by manu~
facturer, ill number, date of acquisition, type, and capacity.
E. Operation. Vehides shall be operated in compliance with the California Vehicle
Code, and all applicable safety and local ordinances. Company shall not load vehicles
in excess of the manufacturer's recommendations or limitations imposed by state or
local weight restrictions on vehicles.
Company equipment used for Refuse, Recycling, and Green Waste services shall be
registered with the California Department of Motor Vehicles. Equipment shall comply
with US EP A noise emission regulations, currently codified at 40 CPR Part 205 and
other applicable noise control regulations, and shall incorporate noise control features
throughout the entire vehicle. Noise levels of equipment used for Collection shall
comply with Oty ordinance. Company shall store all equipment in safe and secure
locations in accordance with City's applicable zoning regulations.
Subject to Section 9.1, Company shall be responsible for any damage resulting from or
directly attributable to any of its operations, and which it causes to: City's driving
surfaces, whether or not paved; associated curbs, gutters and traffic control devices; and
other public improvements.
4.4-3 Containers
The standard size Container for Residential Refuse Collection shall equal 35, 64, or 96
gallons.
4.4.3.1 Non-Residential Refuse Containers
Company shall furnish customers appropriate Containers to Collect Refuse at Multi-
Family Dwelling Unit, commercial/industrial, and other Premises upon customer
request. Containers with a capacity of one cubic yard or more shall be available in
standard sizes. The kind, size and number of Containers furnished to particular
customers shall be as determined mutually by the customer and Company. Containers
which are front loading bins, shall have lids. All Containers with a capacity of one
cubic yard or more shall meet applicable regulations for Refuse bin safety and shall
have reflectorized markings, shall be maintained in good repair with neatly and
uniformly painted surfaces and shall prominently display the name and telephone
number of Company.
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June 13, 1995
4.43.2 Recycling and Green Waste Containers
Company shall provide and distribute appropriately sized Recycling Containers as
described in their proposal (Exhibit 1) for their Recycling program and 64-gallon Green
Waste Containers specially made of rigid construction at no additional cost to each
Single-Family Dwelling Unit in City. Containers shall be identified for Green Waste or
Recyclables only. As programs continue and/or expand, Company shall provide
additional, appropriate Containers as required.
Company shall provide and distribute appropriate Recycling and Green Waste
Containers to Multi-Family Dwelling Units, Commercial and Industrial Property as
needed or as requested by customers.
City and Company also acknowledge that from time to time Containers may be stolen
from the customer. When notified of such occurrence, Company shall replace the stolen
Container(s), at no charge to the customer, not more than one (1) time within a year.
Company acknowledges that"the cost of these replacement containers has been included
in the initial rates described in Section 6.9.
4.4.4 Litter Abatement
A. Minimization of Spills. Company shall use due care to prevent Solid Waste
from being spilled or scattered during the Collection or transportation process. H any
Solid Waste is spilled during Collection, Company shall promptly clean up all spilled
materials. Each Collection vehicle shall carry a broom and shovel at all times for this
purpose.
Company shall not transfer loads from one vehicle to another on any public street,
unless it is necessary to do so because of mechanical failure, accidental damage to a
vehicle, or a pre-approved method of Solid Waste transfer between vehicles, without
prior written approval by City.
B. . Oean Up. During the Collection or transportation process, Company shall clean
up litter in the immediate vicinity of any Solid Waste storage area (including the areas
where Collection bins and debris boxes are delivered for Collection) whether or not
Company has caused the litter. Company shall discuss instances of repeated spillage
not caused by it directly with the Waste Generator responsible and will report such
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June 13, 1995
instances to City. City will attempt to rectify such situations with the Waste Generator
if Company has already attempted to do so without success.
C. Covering of Loads. Company shall properly cover all open debris boxes during
transport to the Disposal Site.
4.4.5 Personnel
Company shall furnish such qualified drivers, mechanical, supervisory, clerical,
management and other perso~el as may be necessary to provide the services required
by this Agreement in a satisfactory, safe, economical and efficient manner. All drivers
shall be trained and qualified in the operation of vehicles they operate and must possess
a valid license, of the appropriate class, issued by the California Department of Motor
Vehicles.
Company also agrees to establish and vigorously enforce an educational program which
will train Company's employees in the identification of Hazardous Waste. Company's
employees shall not knowingly place such Hazardous Waste in the Collection vehicles,
nor knowingly dispose of such Hazardous Wastes at the processing facility or Disposal
Site.
Company shall train its employees in customer courtesy, shall prohibit the use of loud
or profane language, and shall instruct Collection crews to perform the work quietly.
Company shall use its best efforts to assure that all employees present a neat
appearance and conduct themselves in a courteous manner. If any employee is found
to be discourteous or not to be perfonning services in the manner required by this
Agreement, Company shall take all necessary corrective measures including, but not
limited to, transfer, discipline or termination. If City has notified Company of a
complaint related to discourteous or improper behavior, Company will consider
reassigning the employee to duties not entailing contact with the public while Company
is pursuing its investigation and corrective action process.
Company shall provide suitable operations, health and safety training for all of its
employees who use or operate equipment or who are otherwise directly involved in
Collection or other related operations.
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June 13, 1995
4.4.6 Identification Required
Company shall provide its employees, companies and subcontractors with
identification for all individuals who may make personal contact with residents or
businesses in City. City may require Company to notify customers yearly of the form of
said identification. Company shall provide a list of current employees, companies, and
subcontractors to City upon request.
4.4.7 Fees and Gratuities
Company shall not, nor shall it permit any agent, employee, or subcontractors
employed by it, to request, solicit, demand, or accept, either directly or indirectly, any
compensation or gratuity for temporary bin/roll off services or the Collection,
transportation, Recycling, processing, and Disposal of Solid Waste, Recycling,
Construction and Demolition Debris, and Green Waste otherwise required under this
Agreement.
4.4.8 Non-Discrimination
Company shall not discriminate in the provision of service or the employment of
Persons engaged in performance of this Agreement on account of race, color, religion,
sex, age, physical handicap or medical condition in violation of any applicable federal
or state law.
4.4.9 Change in Collection Schedule
Company shall notify City forty-five (45) days prior to, and residential customers not
later than thirty (30) days prior to, any change in residential Collection operations
which results in a change in the day on which Solid Waste Collection occurs. Company
will not permit any customer to go more than seven (7) days without service in
connection with a Collection schedule change. City's approval of any change in
Residential Collection is required prior to such change, and such approval will not be
withheld unreasonably.
4.4.10 Report of Accumulation of Solid Waste; Unauthorized DumpingtCompany shall direct its drivers to note (1) the addresses of any Premises at which they
observe that Solid Waste is accumulating and is not being delivered for Collection; and
(2) the address, or other location description, at which Solid Waste has been dumped in
an apparently unauthorized manner. Company shall deliver the address or description
to City within five (5) working days of such observation.
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June 13, 1995
4.5 Implementation Plan
The parties recognize that substantial planning will be required in order to assure an
orderly initiation of Solid Waste Collection services no later than January 1, 1996. To
that end, City has required Company to submit, as a part of its proposal, a detailed
implementation plan addressing, among other things, the steps Company will take and
the schedule on which it will take them, to prepare for such an orderly initiation of
service. The implementation plan shall cover Company's schedule for acquiring
necessary equipment, personnel, storage and maintenance facilities, administrative
offices and customer relations materials (including Collection schedules, route maps,
billing forms, complaint forms, service request forms, etc.). Company agrees to adhere
strictly to the implementation plan.
Failure to adhere to the implementation schedule will constitute a breach of this
Agreement and, if incurred, an event of default under Article 11.
4.6 Contingency Plan
Company shall submit to City on or before the effective date of the Agreement, a
written contingency plan demonstrating Company's arrangements to provide vehicles
and personnel and to maintain uninterrupted service during breakdowns, and in case of
natural disaster or other emergency (not including a labor dispute), including the events
described in Section 11.4.
4.7 Disposal
4.7.1 Receipt of Solid Waste
Commencing January 1, 1996, Company shall receive, accept and lawfully dispose of at
the Disposal Site all Solid Waste delivered to the Disposal Site by City, Company, or
any other agent of City.
4.7.2 Permits for Use of Landfill
Existing Permits. Company shall keep in force and comply with the terms of all
existing permits and approvals from governmental authorities necessary for the use of
the Disposal Site throughout the term for receipt of Solid Waste from City.
Company shall keep City fully informed of its progress in securing renewals of all such
permits which occur during the term and shall provide City with copies of all
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June 13, 1995
correspondence with permitting agencies and all other material correspondence related
to the permitting process with third parties, but not including internal memoranda or
correspondence between Company and its agents, consultants or attorneys. Company
shall also provide City with a monthly status report on applications for renewals of
existing permits or any new permits which may be required to continue operations at
the Disposal Site within existing permitted areas. Company shall give City immediate
notice of any proposed amendment to or alteration of such permits, or any new permits
which may be required. Company shall resist any amendments or alterations to
permits, the terms of which would prevent or materially interfere with the performance
of its obligations under this Agreement, through all available administrative
procedures. In the event that such permit amendments occur despite Company's efforts
to resist them, Company shall not be in breach of this Agreement if Company complies
with such permit amendments provided that Company also complies with Section 4.7.4.
If Company becomes authorized to accept Hazardous Waste as a Class I landfill, City
may, upon ninety (90) days notice, terminate this Agreement.
4.7.3 Reservation of Disposal Capacity
Company shall reserve for and provide to City permitted Disposal capacity for the term
and any extensions of this Agreement.
4.7.4 Alternative Disposal Facility
A. If Company becomes unable to accept and dispose of City's Solid Waste at the
Disposal Site as the result of causes within its control and which could have been
avoided by the exercise of due care, then Company shall accept and dispose of such
Solid Waste at another Disposal Site. Any additional transportation costs incurred in
delivering the Solid Waste to the other landfill will be disallowed as part of the rate
base.
B. If Company becomes unable to accept and dispose of City Solid Waste at the
Disposal Site as the result of causes which are beyond its control and which could not have been prevented by the exercise of due care, then Company shall, to the extent it is
legally able to do so, accept and dispose of Solid Waste at another landfill owned by it
(or by another company which is owned and controlled, directly or indirectly, by its
parent company) at the lowest Disposal fee then in effect at such landfill under contracts
entered into after the effective date of this Agreement which would be deemed
substantially similar. Additional transportation costs inCWTed in delivering the Solid
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June 13, 1995
Waste to the other landfill will be allowed as a part of the rate base in accordance with
Section 6.8 of the Agreement.
C Company will promptly apply for, and diligently pursue, any amendments to
permits necessary for it to be legally able to accept Solid Waste from City at such other
landfill if required to carry out Section 4.7.4 of the Agreement.
D. H the cost of delivery (i.e., the Disposal fee plus additional Solid Waste
transportation costs) at such other landfill is higher than the Disposal,fee then in effect
under this Agreement, City may terminate this Agreement, as provided in Section 11.2
of this Agreement.
4.7.5 Disposition of Unauthorized Waste
Company shall implement procedures to identify and reject Solid Waste materials
delivered to the Disposal Site which are Hazardous Wastes, Designated Waste, or which
otheIWise may not be legally accepted at the Disposal Site under its permits and other
applicable governmental regulations then in effect. Company shall implement such
procedures in a uniform and non-discriminatory manner as applied to Solid Waste
materials delivered to the Disposal Site from City and from all other sources.
Company may, in the course of implementing such procedures, refuse to accept Solid
Waste materials proposed. to be deposited from City if they constitute Hazardous
Waste, or otherwise may not be legally accepted at the Disposal Site and shall be solely
responsible for material which is accepted. If Company discovers such Solid Wastes
among materials which it has accepted, it shall dispose of such Solid Wastes at its own
expense. Company may pursue all legal rights and remedies it may have against the
Waste Generator(s) of such Solid Waste, if the Waste Generator can be identified.
4.7.6 Days and Hours of Operation
Company shall operate the Disposal Site for the receipt and Disposal of Solid Waste a
minimum of twelve (12) hours per day, Monday through Friday, and on Saturdays, if
necessary.
Subject to conditions in its permits restricting operating hours, and other legal
constraints, Disposal Company shall reasonably cooperate with City to receive
deliveries at other times, the additional cost of such extended operating hours to be
borne by City. In addition, Disposal Company shall, if requested by City, attempt to
obtain modifications to permit conditions restricting operating hours and to remove
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June 13, 1995
other legal constraints on receipt of Solid Waste outside the hours shown above, the
costs of obtaining such permit amendments and the additional costs of extended
operating hours to be borne by City.
4.7.7 Weighing
~ Maintenance of Scale Systems. Company shall operate and maintain an
adequate scale system at the Disposal Site. All scales and weighing equipment shall be
kept in good. and accurate condition operating at the standards of accuracy and
reliability specified in Title 4, California Code of Regulations, Articles 8 and 9.
Company shall request that the California Department of Food and Agriculture,
Division of Measurement Standards, or a successor governmental agency, inspect all
scales and weighing equipment at least once per year. If a scale or weighing equipment
is found to be measuring inaccurately and the errors are outside the tolerances allowed
in Title 4, California Code of Regulations, Articles 8 and 9, Company shall promptly
repair or recalculate such equipment so that it does operate accurately.
B. Establishment of Vehicles' Tare Weights. Effective January 1,1996, Company
shall weigh each Solid Waste Collection vehicle operated by City or its Collection
Company which will, or may be, used to deliver Solid Waste to the Disposal Site, to
determine its unloaded ("tare") weight. The tare weight of each vehicle shall be
recorded by Company. Company shall be responsible for coordinating the weighing of
City vehicles, if any, with City. When additional or replacement vehicles are placed
into service" Disposal Company shall promptly weigh such additional and replacement
vehicles. Tare weights of all Company and City vehicles shall be available for City
review during normal business hours.
All weighing shall be conducted in accordance with Company's standard procedures, a
copy of which shall be supplied to City and updated from time to time. Tare weights of
vehicles delivering publicly-hauled Solid Waste which are required to be weighed will
be established by weighing such vehicles on each entry to and exit from the Disposal
Site.
C. Weighing of Solid Waste. All vehicles of Company delivering Solid Waste to a
Disposal Site shall be weighed, and their weights recorded, so as ~o accurately measure
tons of Solid Waste delivered.
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June 13, 1995
If the scales and weighing equipment at the Disposal Site are out of service, Company
shall detennine the amount of Solid Waste delivered to that landfill in the vehicles
operated by Company, by utilizing the arithmetic average of that vehicle's recorded
tons of Solid Waste delivered on its immediately preceding three (3) deliveries to the
Disposal Site.
All information required by this Agreement shall continue to be recorded for each
delivery during any period the scales are out of service. Such recorded information
shall be made available to City upon request.
Company shall repair or replace inoperable scales as promptly as possible. In addition,
if the scales are out of service forty-eight (48) hours, Company shall immediately supply
temporary substitute scales, rather than continuing to use the volume to weight
con version factors.
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June 13, 1995
ARTICLE 5
OTHER SERVICES
5.1 Setvices and Customer Billing
5.1.1 Service
Company shall periodically prepare and distribute, subject to the direction of City, a
notice to each Owner or occupant of property entitled or mandated to service under this
Agreement a listing of Company's Collection rates, rates for other services, annual
holiday schedule, and a general summary of services required to be provided
hereunder and optional service which may be furnished by Company. Such notice shall
be in a form subject to City's lapproval prior to its distribution and may be included with
Billings made by Company. Company's casts for services under this Section shall be
deemed operating costs.
5.1.2 Billing
Company shall either prepare, mail and collect bills (or shall issue written receipts for
cash payments) for Solid Waste and Yard Waste Collection services provided by
Company under this Agreement. City has provided and currently intends to provide
billing of residential customers for minimum Collection service through property tax
assessments. City will provide two (2) payments to Company of the revenues received
from this process. The first payment shall be within forty-five (45) days of December 1
covering the period July to December and the second payment shall be within forty-five
(45) days of April 1, covering the period January to June. Bills for additional services
shall be prepared and mailed by Company to customers quarterly in advance of the
provision of service. City shall have the right to require Company to act as a billing
agent on behalf of City. City shall have the right to revise the billing format to itemize
certain charges.
Company shall maintain copies of said Billings and receipts, each in chronological
order, for a period of three (3) years after the date of service for inspection by City upon
request Company may, at its option, maintain those records in computer form, on
microfiche, or in any other manner, provided that the records can be preserved and
retrieved for inspection and verification in a timely manner.
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June 13, 1995
Except as provided in Section 4.2.3 of this Agreement for Commercial Recycling
services, City shall establish by resolution rates for the types of service provided;
Company shall bill and collect at those rates.
5.1.3 Review of Billings
Company shall review its Billings to customers under Section 5.1.2 The purpose of the
review is to determine that the amount which Company is billing each customer is
correct in terms of the level of service (Le., frequency of Collection, size of container,
location of container) being provided to such customer by Company. Company shall
review customer accounts not less than every other year, unless City shall direct
Company to do so annually, and submit to City a written report of that review annually
on the anniversary of the Effective Day of this Agreement. The intent of this Section is
for City to receive reports on a annual basis which will cover the entire list of customers
every other year. The scope of the review and the reviewer's workplan shall be
submitted to City for approval no later than six (6) months before the submission of the
first report.
5.2 Customer Service
5.2.1 Local Office
Company shall maintain a local office in Dublin, livermore, San Ramon or Pleasanton.
Office hours shall be, at a minimum, from 8:00 A.M. to 5:00 P.M., Monday through
Friday, exclusive of holidays. A responsible and qualified representative of Company
shall be available during office hours for communication with the public at the local
office. Normal office hour telephone numbers shall either be a local or toll free call.
Company's telephone system shall be adequate to handle the volume of calls typically
experienced on the busiest days. Company shall also maintain a local or toll free
telephone number for use during other than normal business hours. Company shall
have a representative, answering or message providing/receiving (voice-mail) service
available at said after-hours telephone number.
5.2.2 Complaint Documentation
All service complaints shall be directed to Company. Daily logs of complaints
concerning Collection of Solid Waste, Recyclable materials and Green Waste shall be
retained for a minimum of twenty-four (24) months and shall be available to City at all
times upon request.
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June 13, 1995
Company shall log all complaints received by telephone and said log shall include the
date and time the complaint was received, name, address and telephone number of
caller, description of complaint, employee recording complaint and the action taken by
Company to respond to and remedy complaint.
All customer complaints and inquiries shall be date-stamped when received and shall
be initially responded to within one (1) business day of receipt. Company shall log
action taken by Company to respond to and remedy the complaint.
All customer service records and logs kept by Company shall be available to City upon
request and at no cost to City. City shall, at any time during regular Company business
hours, have access to Company's customer service department for purposes that may
include monitoring the quality of customer service or researching customer complaints.
5.2.3 Resolution of Customer Complaints
Company shall notify customers in writing of this complaint procedure at the time
customers apply for or are provided service, and subsequently, annually.
A customer dissatisfied with Company's decision regarding a complaint may ask City
to review the complaint. To obtain this review, the customer must request City review,
in writing, within thirty (30) days of receipt of Company's response to the complaint, or
within forty-five (45) days of submitting the complaint to Company if Company has
failed to respond to the complaint. City may extend the time to request its review for
good cause. Before reviewing a complaint, City shall refer it to Company. If Company
fails to cure the complaint within ten (10) working days, City shall review the
customer's complaint and determine if further action is warranted. City may request
written statements from Company and customer, and/or oral presentations.
City shall determine if the customer's complaint is justified, and if so, what remedy, if
any shall be provided. The remedy under this Section shall be limited to a rebate of
customer charges related to the period of breach of any of the terms of this Agreement
or for liquidated damages as specified in Section 11.3.
City Manager may delegate these duties to a designee. The decision of City Manager or
his/her designee shall be final on any matter under One Thousand Dollars ($1,000.00).
In the event of a decision on a matter awarding a rebate of one thousand dollars or more
41-
June 13, 1995
($1,000.00), Company may seek review by City Council. Such review shall not be
applicable to liquidated damages.
Nothing in this Section is intended to effect the remedies of third parties against
Company. To the extent that remedies are warranted through this Agreement, this
Section shall apply.
5.2.4 Government Liaison
Company shall designate in writing a "Government Liaison" who shall be responsible
for working with City and/or City's designated representative(s) to resolve customer
complaints.
5.3 Education and Public Awareness
5.3.1 General
Company acknowledges and agrees that education and public awareness are critical,
key and essential elements of any efforts to achieve AB 939 requirements. Accordingly,
Company agrees to take direCtion from City to exploit opportunities to expand public
and customer knowledge concerning needs and methods to reduce, reuse and recycle
Solid Waste and to cooperate fully with City in this regard. Company's public
education plan is included as part of Company's proposal (Exhibit 1).
Company shall maintain its own program of providing information relevant to billing
and Solid Waste services, issues and needs with its bills. All public education materials
shall be approved in advance by City. Company shall also mail to all City residents
additional information as directed by City. Such mailings shall include single family
accounts that subscribe to minimum Collection service and are not normally billed by
Company. City will provide not less than thirty (30) days notice to Company prior to
the mailing date of any proposed mailing to permit Company to make appropriate
arrangements for inclusion of City's materials. City will provide Company the mailers
at least fifteen (15) days prior to the mailing date. City shall normally bear the expense
of reproduction and distribution of such additional information only to the extent it is
clearly in excess of Company's normal billing costs.
5.3.2 Community Events
At the direction of City, Company shall participate in and promote Recycling and other
diversion techniques at community events and local activities. Such participation
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June 13, 1995
would normally include providing, without cost, Collection and educational and
publicity information promoting the goals of City's Solid Waste program.
5.4 Waste Generation/Characterization Studies
Company acknowledges that City must do Solid Waste generation and Disposal
characterization studies periodically to comply with AB 939 requirements. Company
agrees to participate and cooperate with City and its agents and to accomplish studies
and data collection and prepare reports, as needed, to determine weights and volumes
of Solid Waste and characterize Solid Waste generated, disposed, transformed, diverted
or otherwise handled/processed to satisfy AB 939 requirements.
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June 13, 1995
ARTICLE 6
COMPANY'S COMPENSATION AND RATES
6.1 General
Company's Compensation provided for in this Article shall be the full, entire and
complete compensation due to Company pursuant to this Agreement for all labor,
equipment, materials and suppli~, taxes, insurance, bonds, overhead, Disposal, profit
and all other things necessary to perform all the services required by this Agreement in
the manner and at the times prescribed.
Company will perform the responsibilities and duties described in this Agreement in
consideration of the right to charge and collect from customers for services rendered at
rates fixed by City from time-to-time. City shall have the right to structure those rates
as it deems appropriate so long as the revenues forecasted to be received by Company
from charging such rates can reasonably be expected to generate sufficient revenues to
provide for Company's Compensation as calculated in accordance with this Agreement.
Company shall perform all of its responsibilities and duties under this Agreement,
including but not limited to paying the costs associated with obtaining and complying
with all permits and approvals, landfill operations, closure and post-closure
maintenance and remediation in consideration of the right to charge and collect the
Disposal fees in the amounts and on the terms set forth in this Agreement.
Company's proposal, included as Exhibit 1, included a fixed amount of Company
Compensation for the first twenty-four (24) months of the Agreement term. Because
City wants to adjust rates on a schedule that coincides with the City's budget cycle, July
1 to June 30, it is necessary to extend the initial two years of the fixed Company
Compensation amount by six (6) months to a total of a thirty-(30) month period, ending
June 30, 1998. Sections 6.2 and 6.3 explain how this is to be done.
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June 13, 1995
6.2 Companys Initial Compensation
Subject to Section 6.7, Company's Solid Waste Collection, processing, transfer and
Disposal Compensation for the initial eighteen (18) months of this Agreement (i.e., from
January 1, 19%, to June 30, 1997) shall be $4,312,662, as shown in Exhibit 6.
6.3 Companys Compensation for the Second Rate Year
Company's Compensation for the Second Rate Year ending June 30, 1998, shall be the
sum of Company's Collection Compensation, Company's Disposal Compensation, and
City Fees as described in Sections 6.3.1 through 6.3.3.
6.3.1 Company's Collection Compensation
Subject to Section 6.7, Company Collection Compensation for the Second Rate Year (i.e.,
from July 1, 1997, to June 30, 1998), shall be equal to $947,915, plus this same amount
multiplied by one (1) plus eighty percent (80%) of the percentage change in the "San
Francisco-Oakland Metropolitan Area Index (Urban Wage Earners; 1982-84 = 100)"
between the index published for February 1997 and the corresponding index published
twelve months earlier, as shoWn on Exhibit 7.
6.3.2 Company's Disposal Compensation
6.3.2.1 General
During the term of this Agreement, including any extensions thereto, the Base Rate at
the Disposal Site will be $17.00 per ton. The Fee Component, as defined herein, consists
of state and local fees and taxes which total $11.24 per ton as of the date this Agreement
was executed. The total of the Base Rate and the Fee Component is the Gate Rate,
which is $28.24 per ton as of the date this Agreement was executed. Gate Rate shall be
reduced from $28.24 per ton to equal the rate negotiated with the City of San Ramon,
should a lower rate be negotiated with the City of San Ramon before November 3, 1995.
Local fees are fees imposed on Disposal of waste at the Disposal Site by Alameda
County, including any of its sub-agencies, such as the Alameda County "Measure D"
Recycling Board, the Alameda County Waste Management Authority, and the Alameda
County Planning Department. Taxes herein are limited to those taxes applied
specifically to Disposal of Waste. State and local fees and taxes include, but are not
limited to, the business license tax and the County of Alameda planning fee. Taxes such
as property taxes and income taxes are not included as part of the Fee Component but
are included within Company's calculation of the Base Rate. During the term of this
.
f
;
-45-
June 13, 1995
Agreement and any extensions thereto, Company will limit the Base Rate to $17.00 per
ton, plus CPI increases described below, plus any increases in the Base Rate of $17.00
per ton due to future changes in law or permit requirements described in Section
6.3.22C below. Company will pass-through as an adjustment to Company Disposal
Compensation, without surcharge or other modification, a proportionate share of any
and all increase or decrease in state and local fees and taxes, as well as any increase due
to federal fees or taxes (as defined above) being imposed in the future on Solid Waste
Disposal operations.
The Base Rate of $17.00jton shall be adjusted annually by the change in the San
FrancisccrOakland Metropolitan Area Consumer Price Index, All Urban Consumers (ref
1982 -100), ("Cpr adjustments") between the index published for February of each year
and the corresponding index published twelve (12) months earlier. The annual CPI
adjustments will be applied to the Base Rate of $17.00 per ton without regard to any
individual cost components in that rate.
6.3.2.2 Effect on Disposal Costs of Future O1anges in Law or Permit Requirements
A.. General The Base Rate already includes the costs resulting from the Company's
current construction and operations which meet or exceed compliance with all existing
laws and governmental regulations applicable to the Disposal Site as of the effective
date of this Agreement. The purposes of this Section 6.3.22 are (1) to specify those laws
and governmental regulations' compliance with which is included in the Base Rate, as
well as other costs which may not result in an increase in the Base Rate; (2) to identify
those new laws and governmental regulations which may be enacted in the future and
those judicial and administrative declarations and interpretations of existing laws and
regulations which may be rendered in the future (jointly, "changes in law") a
proportionate share of the costs of which may be the basis for an increase in the Base
Rate if the Company's current operations are not in compliance with them; and (3) to
specify the method by which such proportionate share will be determined.
B. Costs Which Shall Not Result in an Increase in the Base Rate. The Base Rate
will not be increased as a result of any of the following:
(1) Costs to comply with all laws and governmental regulations existing as of June 1,
1995, including but not limited to the following: the "Calderon Legislation" (former
California Government Code, Sections 66796.53 and 667%.54, now California Public
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June 13, 1995
Resources Code Section 453D0-04, 45700, California Health & Safety Code Section 40511,
41805.5, and 423115, and California Water Code Section 13273); "Proposition 65"
(California Health & Safety Code, Section 25249.5 et. seq., and Health & Safety Code
Section 25192); the Federal Clean Air Act (42 use Sections 7401-7642) and the California
Clean Air Act (Health & Safety Code Sections 3900Q-44384); the Federal Clean Water Act
(33 use Sections 1251 et. seq.); the Porter-Cologne Water Quality Act (California Water
Code, Division 7, Section 13000 et. seq.; the California Integrated Waste Management
Act of 1989 (California Public Resources Code, Divisions 30 and 31, Section 4000 ~
~.); the Federal Resource Conservation and Recovery Act (42 use Section 6902 et.
~.; the California Hazardous Waste Control Act (California Health & Safety Code,
Division 20, Chapter 6.5, Sections 25100 et. seq.; the Federal Emergency Planning and
Community Right to Know Act of 1986 (42 use Sections 11001-11050); the California
Hazardous Materials Release Response Plan and Inventory Act (California Health &
Safety Code, Division 20, Chapter 6.95, Sections 25500 et. seq.); the California
Underground Storage Tank Act (California Health & Safety Code, Division 20, Chapter
6.7, Sections 25280 et. seq.); the California Occupational Safety and Health Act
(California Labor Code, DiviSion 5, Parts 1-10, Sections 6300 et. seq.); the Federal
Occupational Safety and Health Act (29 use Sections 651 et. seq.), and the regulations
adopted thereunder, including but not limited to the Solid Waste Disposal Facility
Criteria promulgated by the US EP A on October 9, 1991 (40 CPR Parts 257 and 258); Bay
Area Air Quality Management District Regulation 8, Rule 34; Title 14 California Code of
Regulations; Title 22 California Code of Regulations, "Subchapter 15", Title 23 California
Code of Regulations, Sections 2510-2601; as the above statutes and regulations exist on
the effective date of this Agreement; and including existing provisions, if any, in the
above statutes and regulations which become effective on or which require compliance
by a date after the effective date of this Agreement; (2) Costs of work or monitoring due
to any negligence by Company or Company's agents, subcontractors or representatives,
or any intentional misconduct of Company agents, subcontractors or representatives, or
fines or penalties assessed against Company for violations of law.; (3) Costs for
Company's performance of work for which it is responsible under other provisions of
this Agreement, other Disposal contracts and its existing permits; (4) Costs of remedial
or additional work attributable solely to Solid Waste already in place at the Disposal
Site prior to the effective date of this Agreement; and, (5) Costs attributable to changing
the classification of the Disposal Site from Class II to allow it to accept Wastes other
than Oass II Solid Waste.
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June 13, 1995
C Costs Which are Associated with Changes in Law or Permit Requirements and
Which May Result in an Increase in the Base Rate. The Base Rate may be increased to
reflect City's proportionate share if Company's operations are not in compliance and
there is an additional cost related to such compliance, as determined in Subsection
6.3.2.2(D) of the following, which shall collectively be referred to hereinafter as "changes
in law or permit requirements": (1) costs of constructing physical improvements or
modifications at the Disposal Site; (2) costs caused by and necessary for operations at
the Disposal Site; and (3) costs of closure/post-closure, including but not limited to
post-closure maintenance and monitoring; provided such costs, and to the extent such
additional costs set forth in these items (1), (2); and/ or (3) are necessary to comply with:
(i) any new laws or regulations enacted or promulgated after the effective date of this
Agreement, including but not limited to, any new regulations promulgated pursuant to
existing laws; (ll) any amendments to or revisions of existing laws or regulations
described or included in Section 6.3.22(B)(1),which amendments or revisions become
effective after the date this Agreement is executed; (ill) any judicial or administrative
agency declarations or interpretations of laws or regulations which declarations or
interpretations effect change in existing law and are issued after the date this
Agreement is executed, and which increase any of the costs in (1) through (3) above;
and (iv) any new permit requirements or conditions, or changes in existing permit
requirements or conditions, for the Disposal Site which are imposed by any government
agency after the effective date of this Agreement, but excluding costs resulting from
changes in permit requirements or conditions which are requested by Company or to
which Company consents and which are unrelated to providing for Disposal of Waste
pursuant to this Agreement. Costs attributable to compliance with California
Integrated Waste Management Board amendments to Title 14 CCR issued after the
effective date of this Agreement made in response to the US EPA regulations (40 CPR
Parts 257 and 258), promulgated in 1991, that exceed the costs of compliance with 40
CPR Parts 257/258 also constitute costs which fall within this Section. The increases in
Base Rate allowable in this Section also include increased overhead and
general/ administrative expenses reasonably and necessarily incurred in complying
with the changes in law or permit requirements described above.
Company shall notify City in writing within seven (7) days of all changes in law or
permit requirements which Company believes may result in a change in the Base Rate
under this Section 6.3.2.2 .
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June 13, 1995
D. Proportionate Share of the Disposal Site Costs. To the extent that the additional
costs of complying with changes in law or permit requirements described in Section
6.3.22C above are attributable to Solid Waste already in place at the Disposal Site at the
time such changes in law or permit requirements occur, then a proportionate share of
such costs shall be determined by multiplying such costs by a fraction, the numerator of
which is the quantity in tons of Solid Waste then deposited at the Disposal Site which
was delivered on behalf of City under this Agreement and the denominator of which is
the total quantity in tons of Solid Waste then deposited at the Disposal Site from all
sources.
To the extent that the additional costs of complying with such changes in law or permit
requirements are attributable to Solid Waste not yet in place at the Disposal Site at the
time such changes occur, then a proportionate share of such costs shall be determined
by multiplying such costs by a fraction, the numerator of which is the estimated number
of tons of City Solid Waste to be disposed of during the remaining portion of the initial
term of this Agreement (and the extension period(s) if the option(s) to extend have been
exercised) and the denominator of which is the total remaining permitted and
reasonably available tonnage capacity of the Disposal Site at the time of such changes in
law or permit requirements. The parties will determine by mutual agreement such
reasonably available tonnage capacity. During the first year of the Agreement, the
estimated number of tons of City franchise Solid Waste to be disposed of shall be
calculated based on the average tonnage disposed of during each of the prior months of
the Agreement, multiplied by the number of months remaining in the Agreement.
The costs of compliance with such changes in law or permit requirements shall be
calculated on a "per ton" basis and amortized over the remaining life, which shall be
based on the remaining permitted and reasonably available tonnage capacity of the
Disposal Site. In all cases in which the costs of compliance with changes in law or
permit requirements are to be included in the calculation of Company Disposal
Compensation in accordance with Section 6.8, Company shall provide to City, on an
annual basis, reasonable evidence that (1) the work required by the change in law or
permit requirements has ~ performed; (2) the claimed costs were actually incurred;
and (3) the costs incurred were necessary to comply with the changes in law or permit
requirements. Costs incurred include internal charges for labor, materials and other
expenses, as well as charges by outside vendors. Costs "incurred" shall be determined as
of the date Company approves payment of such costs.
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June 13, 1995
6.3.2.3 Company's Disposal Compensation
Company's Disposal Compensation for the Second Rate Year shall be equal to $288,291
plus one-half of the product of the sum of Company's per ton Year 2 Base Rate ($17.51)
multiplied by one (1) plus the percentage change in the "San Francisco-Oakland
Metropolitan Area Index (Urban Wage Earners; 1982-84 = 100)" between the index
published for February 1997 and the corresponding index published twelve (12) months
earlier plus the then current Fee Component multiplied by one-half of the annual tons,
as shown on Exhibit 8.
6.3.3 City Fees Calculation
City Fees shall be calculated by dividing the sum of Company's Collection
Compensation and Company's Disposal Compensation by one (1) minus the sum of the
Franchise Fee, SRR fee, Administrative Fee, and other City fee percentages then in effect
in accordance with Article 3, and subtracting from the result the sum of Company's
Collection Compensation and Company's Disposal Compensation, as shown below
(numbers are used for example only).
City Fees = (Company Collection Compensation & Company Disposal Compensation)
1 - (Franchise Fee + SRR Fee + Administrative Fee)
- (Company Collection Compensation + Company Disposal Compensation
= ($2,000,000 + $500,000) - ($2,000,000 + $500,000)
(1-.15)
= $441,176
6.4 Company's Compensation for Subsequent Rate Years
Company's Compensation for each succeeding year, beginning with the TItird Rate Year
ending June 30, 1999, shall be calculated by adjusting Company's prior Rate Year
Collection Compensation, including Residential Collection, Commercial and Industrial
Collection, Residential Recycling Collection, processing, and marketing, and
administrative services, by eighty percent (80%) of the change in the CPI between
February of the then current calendar year and the corresponding index published
twelve months earlier and by adjusting Company's prior Rate Year Base Rate by one-
hundred percent (100%) of the change in the CPI between February of the then current
t
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June 13, 1995
calendar year and the corresponding index published twelve months earlier, as
described below.
6.4.1 Company's Collection Compensation
For each succeeding year, beginning with the Third Rate Year (Le., from July 1, 1998, to
June 30,1999), Company's Collection Compensation shall be calculated by multiplying
the prior Rate Year's Collection Compensation, by one (1) plus eighty percent (80%) of
the percentage change in the "San Francisco-Oakland Metropolitan Area Index (Urban
Wage Earners; 1982-84 = 100)" between the index published for February of the then
current calendar year and the corresponding index published twelve (12) months earlier
6.4.2 Company's Disposal Compensation
For each year, beginning with the Third Rate Year (Le., from July 1, 1998, to June 30,
1999), Company's Disposal Compensation shall be calculated by multiplying the prior
Rate Year's Disposal Compensation by one (1) plus the percentage change in the Gate
Rate. The percentage change in the Gate Rate shall be calculated by subtracting the
Gate Rate for the prior Rate Year from the Gate Rate for the Rate Year and dividing the
result by the Gate Rate for the prior Rate Year. The Gate Rate for the Rate Year shall be
calculated by adjusting the Base Rate for the prior Rate Year by one-hundred percent of
the change in the CPI between February of the then current calendar year and the
corresponding index published twelve months earlier, and adding the result to the Fee
Component for the Rate Year.
6.5 Company's Compensation for the Extension Period
Company's Compensation for each of the Rate Years during the extension period, if any,
shall be calculated in the same manner as Section 6.4.
6.6 Application for Adjustment
Company shall calculate and submit to City annually by April 1 of each year Company'
Compensation as described in Sections 6.3 and 6.4. Company shall further calculate the
annual percentage rate adjustment, including the effect on City Franchise, Source
Reduction and Recycling and Administrative Fees, resulting from the calculation of
Company's Compensation. Subject to Section 6.8, in no event shall the annual
compensation adjustment exceed five percent (5%). Exhibit 9 contains an example of
the Company Compensation and annual rate adjustment calculation.
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June 13, 1995
City shall calculate those rates that it deems appropriate so long as the revenues
forecasted to be received by Company from charging such rates can reasonably be
expected to generate sufficient revenues to provide Company Compensation as
calculated by the Company.
City shall not make any retroactive adjustments to rates to compensate for any delay in
calculating Company Compensation which results in whole or in part from the failure
of Company to submit its request by Apri11 and/or respond promptly and completely
to requests of City for information related to any of the calculations required by this
Section or from appeals of the determination to City which extends the process of
determination.
6.7 Variances from Projections
Company shall retain any income from actual costs being less than calculated in
accordance with Sections 6.2 through 6.5 but shall not be compensated for actual costs
being more than calculated. In addition, calculations of Company' Compensation shall
not be adjusted for past variances of actual cost from those projected.
Further, Company shall retain any income from actual revenue being more than
projected but shall not be compensated for actual revenue being less than projected.
6.8 Extraordinaty Adjushnents
Company or City may request an adjustment to rates at reasonable times other than that
required in Section 6.6 for unusual changes in the cost of providing service under this
Agreement. Such changes may include, but are not limited to, changes in laws,
ordinances or regulations, significant changes in Company's workload due to new
residential or commercial development significant changes in the mix of Waste
Generator service subscriptions, and changes in the Disposal Site requested by City.
Such changes shall not include changes in the market value of Recyclable Materials
from the values assumed in Company's proposal. However, when an extraordinary
adjustment is requested, such adjustment shall consider changes in all costs and
revenues from Company's Proposal. For each such request, Company shall prepare a
schedule comparing the original proposal costs and revenues by line item to the then
current costs and revenues, including an estimate of the cost impact of the change, using
an operating ratio of 91.5%, applied to Company's costs as calculated in Company's
Proposal. Such request shall be prepared in a form acceptable to City with support for
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June 13, 1995
assumptions made by Company in preparing the estimate. Company and City shall
negotiate a mutually acceptable adjustment amount.
6.9 Initial Rates
The rates for the Rate Year ending June 30,1997, are those established by City
Resolution No. _ (a copy of which is attached as Exhibit 3), unless amended by a City
Council resolution adopted in accordance with this Agreement. ! Company has
reviewed these rates and agrees that they are reasonably expected to generate sufficient
revenues to provide Company Compensation as set forth in Section 6.2. Unless and
until the rates set forth on Exhibit 3 are adjusted by City, Company will provide the
service required by this Agreement, charging no more and no less than the rates
authorized by Exhibit 3 unless authorized to do so by City.
6.10 Subsequent Rates
From time to time and based on changes to the Company Compensation, as described
above, and other considerations, the City Coundl shall revise the initial rates by
resolution.
6.11 City Grants
From time to time, City may provide to Company grants to assist in qualified programs
provided by Company. Company agrees that Company Compensation, calculated as
described in Sections 6.2 through 6.5, shall be reduced by the amount of any such grant.
The City Council shall determine whether the reduction in Company Compensation
shall be: (1) passed through to those Waste Generators designated by City as a
reduction to their Rates; (2) as an offset to a rate increase calculated in accordance with
Sections 6.2 through 6.5; (3) paid to City for use as City directs; or, (4) applied in any
combination of (1) through (3).
Company shall assist City in the preparation of grant applications to federal, state and
local agencies for City-qualified Solid Waste source reduction, Recycling or Collection
programs, as directed by City. Such assistance shall not be unreasonably required by
Oty and shall be provided at no additional charge to City or Waste Generators.
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June 13, 1995
ARTICLE 7
REVIEW OF SERVICES AND PERFORMANCE
7.1 Performance Hearing
City may hold a public hearing on or about the second anniversary date of this
Agreement at which Company shall be present and shall participate, to review the Solid
Waste Collection, source reduction, processing and other diversion services and
performance. Subsequent Solid Waste services and performance review hearings may
be scheduled by City every two (2) years thereafter. The purpose of the hearing is to
provide for a discussion and review of technological, economic, and regulatory changes
in Collection, source reduction, Recycling, processing and Disposal to achieve a
continuing, advanced Refuse Collection, source reduction and Recycling and Disposal
system; and to ensure services are being provided with adequate quality, effectiveness
and economy.
Sixty (60) days after receiving notice from City of a Solid Waste Services and
Performance Review Hearing, Company shall, at a minimum, submit a report to City
indicating the following:
a) Changes recommended and/ or new services to improve City's ability to meet the
goals of AB 939 and to contain costs and minimize impacts on rates.
b) Any specific plans for provision of changed or new services by Company.
The reports required by this Agreement regarding customer complaints shall be used as
one basis for review. Company may submit other relevant performance information
and reports for consideration. City may request Company to submit specific
information for the hearing. In addition, any customer may submit comments or
complaints during or before the hearing, either orally or in writing, and these shall be
considered.
Topics for discussion and review at the Solid Waste Services and Performance Review
Hearing shall include, but shall not be limited to, services provided, feasibility of
providing new services, application of new technologies, customer complaints,
amendments to this Agreement, developments in the law, new initiatives for meeting or
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June 13, 1995
exceeding AB 939's goals, regulatory constraints and Company performance. City and
Company may each select additional topics for discussion at any Solid Waste Services
and Performance Review Hearing.
Not later than sixty (60) days after the conclusion of each Solid Waste Services and
Performance Review Hearing, City may issue a report. As a result of the review, City
may require Company to provide expanded or new services within a reasonable time
I
and for reasonable rates and compensation and City may direct or take corrective
actions for any performance inadequacies.
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June 13, 1995
ARTICLE 8
RECORDS, REPORTS AND INFORMATION REQUIREMENTS
8.1 General
Company shall maintain such accounting, statistical and other records related to its
performance under this Agreement as shall be necessary to develop the financial
statements and other reports required by this Agreement. Also, Company agrees to
conduct data collection, infbrmati~n and record keeping, and reporting activities
needed to comply with applicable laws and regulation and to meet the reporting and
Solid Waste program mana,gement needs of City. To this extent, such requirements set
out in this and other Articles of this Agreement shall not be considered limiting or
necessarily complete. In particular, this Article is intended to only highlight the general
nature of records and reports and is not meant to define exactly what the records and
reports are to be and their content. Further, with the written direction or approval of
City, the records and reports to be maintained and provided by Company in accordance
with this and other Articles of the Agreement may be adjusted in number, format, or
frequency.
8.2 Records
8.2.1 General
Company shall maintain records required to conduct its operations, to support requests
it may make to City, and to respond to requests from City in the conduct of City
business. Adequate record security shall 'be maintained to preserve records from events
that can be reasonably anticipated such as a fire, theft and earthquake. Electronically
maintained data/records shall be protected and backed up.
Company agrees that the records of any and all companies conducting operations
addressed in the Agreement, including Related Party Entities, shall be provided or
made available to City and its official representatives during normal business hours.
8.2.2 Financial Records I
Financial records shall be maintained and cost and revenue information for City shall be
segregated from other areas served by Company.
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June 13, 1995
Where the allocation of costs or revenues to various categories of customers is required
to develop equitable rates that reflect the cost of service, Company shall segregate such
costs and revenues.
8.2.3 Solid Waste Records
Records shall be maintained by Company for City relating to:
a) Customer services and billing;
b) Character, weight and volume of Solid Waste, especially as related to reducing
and diverting Solid Waste. Information is to be separated by kind of account
(including Multi-Family Dwelling Units with Residential).
c) Special annual cleanup event results;
d) Routes;
e) Facilities, equipment and personnel used;
f) Facilities and equipment operations, maintenance and repair;
g) Processing and Disposal of Solid Waste;
h) Complaints; and,
i) Missed pick ups.
Company shall maintain records of Disposal of all Solid Waste Collected in City for the
period of this Agreement and all extensions to this Agreement or successor Agreements.
In the event Company discontinues providing Solid Waste services to City, Company
shall provide all records of Disposal or processing of all Solid Waste Collected in City
within thirty (30) days of discontinuing service. Records shall be in chronological and
organized form and readily and easily interpreted.
8.2.4 Recycling and Green Waste Service Records
Records shall be maintained for City that relate to:
a) Records described in 8.23, above;
b) Recycling and Green Waste participation - especially as related to determining
participation rates and implementing programs to increase existing participation
and to expand diversion (names, addresses, contacts made, etc.);
c) Weight of each material by type of program;
d) Sales - kind of material, name of buyer/user, date of sales/transaction,
processing costs, quantity purchased (in tons) and value per ton, and net sales;
e) Inventories; and,
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June 13, 1995
f) Accomplishments relative to milestones contained in Company's proposal
(Exhibit 1).
8.2.5 Other Programs' Records
Records for other programs shall be tailored to specific needs. In general, they shall
include:
a) Plans, tasks, and milestones; and,
b) Accomplishments in terms such as dates, activities conducted, quantities of
products used, produced or distributed, ~d numbers of participants and
responses.
8.3 Reports
8.3.1 Report Formats and Schedule
Records shall be maintained in forms and by methods that facilitate flexible use of data
contained in them to structure reports, as needed. Reports are intended to compile
recorded data into useful forms of information that can be used to, among other things:
a) Determine and set rates and evaluate the financial efficacy of operations;
b) Evaluate past and expected progress towards achieving goals and objectives;
c) Determine needs for adjustment to programs; and,
d) Evaluate customer service and complaints.
Company may. propose report formats that are responsive to the objectives and
audiences for each report. The format of each report shall be approved by City.
Monthly reports shall be submitted within twenty (20) calendar days after the end of the
report month. Quarterly reports shall be submitted within thirty (30) calendar days
after the end of the quarter. Quarters end on March 31, June 30, September 30 and
December 31. Annual reports shall be submitted before January 31st following the
reporting year.
All reports shall be submitted to:
Assistant City Manager / Administrative Services Director
City of Dublin
100 Civic Plaza
Dublin, California 94568
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June 13, 1995
8.3.2 Monthly Reports
The information listed shall be the minimum reported for each service:
R~ar Services
a) Solid Waste, sorted by kind of Waste Generator, Collected by Company, in tons.
b) Complaint summary, for month and cumulative for report year, as above.
Summarized by nature of complaints.
c) Narrative summary of problems encountered and actions taken with
recommendations for City, as appropriate.
Recycling and Green Waste Services
a) Same as Regular Service, but for Recycling by material type and Green Waste,
including the percentage diverted by material type and category (Residential,
Commercial, Industrial).
b) Number of accounts by category shown for each month of reporting year and
previous years, as above.
c) Participation rates in same format as number of accounts.
d) Recyclables ContainerDistribution. Information on the number of Recycling
Containers distributed, including why Containers have been distributed (Le.,
new Recycling customer, broken, lost, stolen, other).
e) Materials Sales. Sales statement showing: kinds of material, quantity purchased
(in tons), and net sales.
f) Inventories - Description showing the quantity and type of Recyclable materials
remaining in inventory at the close of the month.
8.3.3 Quarterly Report
Re~ar Service and Re~cling and Green Waste quarterly reports shall be quarterly
summaries of the monthly information.
Other Programs
For each program, provide activity related and narrative reports on goals and
milestones and accomplishments. Describe problems encountered, actions taken and
any recommendations to facilitate progress. Describe vehicles, personnel, and
equipment utilized for each program.
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June 13, 1995
Summary Assessment
Provide a summary assessment of the overall Solid Waste program from Company's
perspective relative to financial and physical status of program. The physical status is
to relate to how well the program is operating for efficiency, economy and effectiveness
relative to meeting all the goals and objectives of this Agreement and AB 939. Provide
recommendations and plans to improve. Highlight significant accomplishments and
problems.
8.3.4 Annual Report
In the event that an extraordinary adjustment is requested in accordance with Section
6.8 that involves an Affiliate, the provisions in this Section 8.3.4 relating to Related Party
Entities shall apply. Otherwise, such provisions shall not apply. The Annual Report is
to be essentially in the form and content of the quarterly reports. In addition,
Company's and Related Party Entities' annual audited financial reports/statements
shall be included. The annual report shall also include a complete inventory of
equipment used to provide all services.
Financial statements shall include a supplemental combining schedule showing
Company's results of operations, including the specific revenues and expenses in
connection with the operations provided for in this Agreement and others included in
such financial statements. The financial statements, and footnotes shall be prepared in
accordance with Generally Accepted Accounting Principles (GAAP) and audited, in
accordance with Generally Accepted Auditing Standards (GAAS) by a certified public
accountant (CPA) licensed. (in good standing) to practice public accounting in the State
of California as determined by the State of California Department of Consumer Affairs
Board of Accountancy. The CPA opinion on Company's annual financial statements
shall be unqualified. The cost for the annual audit shall be borne by Company as a
direct cost of service. In addition, Company shall provide to City the supplemental
schedule on a compiled basis.
Company shall, in its agreement with the CP A performing its annual audit referred to
above, have its CPA make available to City (or City's designated representative) such
CPA's working papers related to the audit. The cost, if any, incurred by Company's
CP A shall be included in the cost of the audit
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June 13, 1995
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As part of the annual audit requirement described, or within ninety (90) days of each
Related Party Entity's Fiscal Year-end, if timing does not coincide with the annual
report date, Company shall provide City a copy of the Related Party Entity's annual
audited financial statements and management letter for that Fiscal Year. The fInancial
statements shall be prepared in accordance with GAAP and audited, in accordance with
GAAS, by a CPA licensed in the state in which the Related Party Entity is
headquartered. The CPA's opinion on each Related Party Entity's annual financial
statements shall be unqualified.
Each Related Party Entity shall, in its agreement with the CPA performing its annual
audit referred to above, have its CPA make available to City (or City's designated
representative) such CPA's working papers related to the audit.
Company agrees that all financial transactions with all Related Party Entities shall be
approved in advance in writing and disclosed annually (coinciding with Company's
annual audited financial statements referred to in this Section) to City in a separate
disclosure letter to City. This letter shall include, but not be limited to, the following
information:
A general description of the nature of each, or type of (for many similar)
transaction, as applicable. Such description shall include for each (or similar)
transaction, amounts, specific Related Party Entity, basis of amount (how amount
was determined), and description of the allocation methodology used to allocate
any common costs. Amounts shall be reconciled to the Related Party Entity
disclosures made in Company's annual audited financial statements referred to
in this Section.
At City's request, Company shall provide City with copies of working papers or other
documentation deemed relevant by City relating to information shown in the annual
disclosure letter. The annual disclosure letter shall be provided to City within ninety
(90) days of Company's Fiscal Year end.
8.4 Right to Inspect Records
City shall have the right to inspect or review the payroll tax reports, specific documents
or records required expressly or by inference pursuant to this Agreement, or any other
similar records or reports of Company or its Related Party Entities (if required under
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June 13, 1995
Section 8.3.4) that City shall deem, in its sole discretion, necessary to evaluate annual
reports, compensation applications provided for in this Agreement and Company's
performance provided for in this Agreement.
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June 13, 1995
ARTICLE 9
INDEMNIFICATION, INSURANCE AND BOND
9.1 Indemnification
Company hereby agrees to and shall indemnify and hold harmless City, its elected and
appointed boards, commissions, officers, employees, and agents (collectively,
indemnities) from and against any and all loss, liability, penalty, forfeiture, claim,
demand, action proceeding or suit in law or equity of any and every kind and
description (including, but not limited to, injury to and death of any Person and damage
to property, or for contribution or indemnity claimed by third parties) arising or
resulting from and in any way connected with (1) the negligence or willful misconduct
of Company, its officers, employees, agents, contractors and/ or subcontractors in
performing services under this Agreement; (2) the failure of Company, its officers,
employees, agents, contractors and/or subcontractors to comply in all respects with the
provisions of this Agreement, applicable laws (including, without limitation, the
Environmental Laws), ordinances and regulations, and/or applicable permits and
licenses; (3) the acts of Company, its officers, employees, agents, contractors and/ or
subcontractors in performing services under this Agreement for which strict liability is
imposed by law (including, without limitation, the Environmental Laws). The
foregoing indemnity shall apply regardless of whether such loss, liability, penalty,
forfeiture, claim, demand, action, proceeding, suit, injury, death or damage is also
caused in part by any of the indemnities' negligence, but shall not extend to matters
resulting from the indemnities' sole or active negligence, willful misconduct or breach
of this Agreement. Company further agrees to and shall, upon demand of City, at
Company's sole cost and expense, defend (with attorneys acceptable to City) City, its
elected and appointed boards and commissions, officers, employees, and agents against
any claims, actions, suits in law or equity or o~er proceedings, whether judicial, quasi-
judicial or administrative in nature, arising or resulting from any of the aforementioned
events.
Company's duty to indemnify and defend from the aforementioned events arising
during the Term of the Agreement and as it may be extended shall survive the
expiration or earlier termination of this Agreement.
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June 13, 1995
9.2 Hazardous Substances Indemnification
Company shall indemnify, defend with counsel reasonably acceptable to City, protect
and hold harmless City, its elected and appointed boards, commissions, officers,
employees, and agents (collectively, indemnities) from and against all claims, damages
(including but not limited to special, consequential, natural resources and punitive
damages), injuries, costs, (including without limit any and all response, remediation
and removal costs), losses, demands, debts, liens, liabilities, causes of action, suits, legal
or administrative proceedings, interest, fines, charges, penalties, attorney's fees for the.
adverse party and expenses (including without limit attorneys' and expert witness fees
and costs incurred in connection with defending against any of the foregoing or in
enforcing this indemnity), (collectively, "Damages") of any kind whatsoever paid,
incurred or suffered by, or asserted against, indemnities arising from or attributable to
the acts or omissions of Company, its officers, directors, employees, companies or
agents, whether or not negligent or otherwise culpable, in connection with or related to
the performance of this Agreement, including without limit Damages arising from or
attributable to any repair, cleanup or detoxification, or preparation and implementation
of any removal, remedial, response, closure or other plan (regardless of whether
undertaken due to governmental action) concerning any Hazardous Substance,
Hazardous Waste, and/or House Hazardous Waste (Collectively, 'Waste") in City at
any places where Company transports, processes, stores or disposes of City Solid
Waste, and/or construction and street debris, or other waste. The foregoing indemnity
is intended to operate as an agreement pursuant to sI07(e) of the Comprehensive
Environmental Response, Compensation and Liability Act, CERCLA, 42 USe. 99607(e)
and California Health and Safety Code 925364, to defend, protect, hold harmless, and
indemnify City from liability. This provision is in addition to all other provisions in this
Agreement and shall survive the end of the term of this Agreement. The foregoing
applies only to facilities owned or operated by Company or its Affiliates or any facility
that Company selects for disposal of Solid Waste Collected pursuant to this Agreement.
9.3 AB 939 Commibnent
Company guarantees that Company's performance under the Agreement, in
combination with existing waste diversion practices in City, will result in achievement
of City's obligations under AB 939 to divert 25% of its waste stream from landfill or
transformation facilities by December 31, 1996, provided that City does not make
substantial changes in the programs described in the Agreement which changes
materially decrease Company's ability to affect Solid Waste diversion practices. If data
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June 13, 1995
indicates that Company's services are not resulting in a 25% diversion rate, and if such
failure is not demonstrably beyond Company's ability to control or affect, Company
shall propose and implement additional services at its own expense to achieve the 25%
diversion rate. Company agrees further that, should City fail to meet the AB 939 25%
diversion obligation, Company shall indemnify City against all claims arising out of
such failure, unless the reasons for the failure were demonstrably beyond Company's
control. Company further agrees to submit proposals to City by January 1, 1998, for
programs to achieve City's obligations under AB 939 to divert 50% of its waste stream
from landfill or transformation facilities by January 1,2000. Such proposals shall
include services and technologies appropriate to City's needs at costs comparable to
industry averages. If Company's proposals are accepted by City, Company shall
guarantee the 50% diversion rate and indemnify City on the same terms as provided
above.
9.4 Altamont Disposal Facility Closure/Post.Closure Credit
Company is currently negotiating with the Alameda County Joint Refuse Rate Review
Committee, of which City is -a member agency, an amount to be paid by each member
agency for closure/post-closure costs associated with Solid Waste Collected from each
member agency and placed in the Altamont Disposal Facility by Company up to the
date of such agreement. Company shall reduce City's share of the final negotiated
amount (or if no agreement is reached, an amount negotiated with City directly) for all
City Solid Waste deposited at the Altamont Disposal Facility through December 31,
1995, by Om~..Hundred Seventy-Five Thousand Dollars ($175,000). Company's interest
is to relieve City of all liability associated with Solid Waste deposited at the Altamont
Disposal Facility through December 31, 1995. Should Company believe City's share of
the negotiated amount exceeds OnE~.Hundred Seventy-Five Thousand Dollars
($175,000), Company and City shall meet and negotiate a settlement with regard to such
additional amount.
9.5 Insurance
City does not, and shall not, waive any rights against Company which it may have by
reason of the aforesaid hold harmless agreements, because of acceptance by City or the
deposit with City by Company of the insurance policies described in this provision.
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June 13, 1995
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. The most recent editions of Insurance Services Office form number GL
0002 covering Comprehensive General Uability and Insurance Services
Office form number GL 0404 covering Broad Form Comprehensive
General Liability; or Insurance Services Office Commercial General
Uability coverage ("occurrence" form CG 0001).
2 The most recent editions of Insurance Services Office form number CA
0001 covering Automobile Liability, code 1 "any auto" and endorsement
CA 0025.
3. Workers' Compensation insurance as required by the Labor Code of the
State of California and Employers Liability insurance.
B. Minimum Limits of Insurance. Company shall maintain in force for the term of
this Agreement limits no less than:
1. Comprehensive General Liability: Five Million Dollars ($5,000,000)
combined single limit per occurrence for bodily injury, Personal injury
and property damage.
2 Automobile Liability: Five Million Dollars ($5,000,000) combined single
limit per accident for bodily injury and property damage.
3. Workers' Compensation and Employers Liability: Workers' compensation
limits as required by the Labor Code of the State of California and
Employers Liability limits of $1,000,000 per accident.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by City. At the option of City,
either: the insurer shall reduce or eliminate such deductibles or self-insured
retention's as respects City, its officials, employees and agents; or Company shall
procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
D. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
1. General Uability and Automobile Uability Coverages
a) City, its elective and appointive boards, commissions, officials,
employees, agents and volunteers are to be named as additional
insureds as respects: liability arising out of activities performed by
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June 13, 1995
or on behalf of Company; products and completed operations of
Company; Premises owned, leased or used by Company; or
vehicles owned, leased, hired or borrowed by Company. The
coverage shall contain no special limitations on the scope of
protection afforded to City, its elective and appointive boards,
commissions, officials, employees, agents or volunteers.
b) Company's insurance coverage shall be primary insurance as
respects City, its elective and appointive boards, commissions,
officials, employees, agents and volunteers. Any insurance or se1f-
insurance maintained by City, its officials, elective and appointive
boards, commissions, employees, agents or volunteers shall be
excess of Company's insurance and shall not contribute with it.
c) Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to City, its officials, elective and
appointive boards, commissions, employees, agents or volunteers.
d) Coverage shall state that Company's insurance shall apply
separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
2. Workers' Compensation and Employers Liability Coverage - The insurer
shall agree to waive all rights of subrogation against City, its officials,
elective and appointive boards, commissions, employees, agents and
volunteers for losses arising from work performed by Company for City.
3. All Coverages - Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended, voided, canceled
by either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has
been given to City.
E. Acceptability of Insurers. The insurance policies required by this Section shall
be issued by an insurance company or companies authorized to do business in
the State of California and with a rating in the most recent edition of Best's
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June 13, 1995
Insurance Reports of size category VII or larger and a rating classification of A or
better.
F. Verification of Coverage. Company shall furnish City with certificates of
insurance and with original endorsements affecting coverage required by this
clause. The certificates and endorsements for each insurance policy are to be
signed by a Person authorized by that insurer to bind coverage on its behalf. The
certificates and endorsements are to be on forms provided by or acceptable to
City and are to be received and approved by City before work commences. City
reserves the right to require complete, certified copies of all required insurance
policies, at any time.
G. Contractors and Subcontractqrs. Company shall include all contractors and
subcontractors as insureds under its policies or shall furnish separate certificates
and endorsements for each contractor and subcontractor. All coverages for
contractors and subcontractors shall be subject to all of the requirements stated
herein.
H. Required Endorsements
1. The Workers' Compensation policy shall contain an endorsement in
substantially the following form:
"Thirty (30) days prior written notice shall be given to City in the event of
cancellation, reduction in coverage, or non-renewal of this policy. Such
notice shall be sent to:
Assistant City Manager/Administrative Services Director
City of Dublin
100 Civic Plaza
Dublin, California 94568
2 The Public Liability policy shall contain endorsements in substantially the
following form:
a) "Thirty (30) days prior written notice shall be given to City in the
event of cancellation, reduction in coverage, or non-renewal of this
policy. Such notice shall be sent to:
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June 13, 1995
Assistant City Manager/Administrative Services Director
City of Dublin
100 Civic Plaza
Dublin, California 94568
b) "City, its officers, elective and appointive boards, commissions,
employees, and agents are additional insureds on this policy."
c) ''This policy shall be considered primary insurance as respects any
other valid and collectible insurance maintained by City, including
any self-insured retention or program of self-insurance, and any
other such insurance shall be considered excess insurance only."
d) "Inclusion of City as an insured shall not affect City's rights as
respects any claim, demand, suit or judgment brought or recovered
against Company. This policy shall protect Company and City in
the same manner as though a separate policy had been issued to
each, but this shall not operate to increase Company's liability as set
forth in the policy beyond the amount shown or to which Company
would have been liable if only one party had been named as an
insured. "
I. Delivery of Proof of Coverage. Simultaneously with the execution of this
Agreement, Company shall furnish City certificates of each policy of insurance
required hereunder, in form and substance satisfactory to City. Such certificates
shall show the type and amount of coverage, effective dates and dates of
expiration of policies and shall have all required endorsements. If City requests,
copies of each policy, together with all endorsements, shall also be promptly
delivered to City.
Renewal certificates will be furnished periodically to City to demonstrate
maintenance of the required coverage throughout the Term.
J. Other Insurance Requirements'
1. In the event any services are delegated to a contractor or subcontractor,
Company shall require such contractor or subcontractor to provide
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June 13, 1995
statutory workers' compensation insurance and employer's liability
insurance for all of the contractor or subcontractor's employees engaged in
the work in accordance with this Section 9.4. The liability insurance
required by this Section 9.4 shall cover all contractor or subcontractors or
the contractor or subcontractor must furnish evidence of insurance
provided by it meeting all of the requirements of this Section 9.4.
2. Company shall comply with all requirements of the insurers issuing
policies. The carrying of insurance shall not relieve Company from any
obligation under this Agreement. If any claim exceeding the amount of
any deductibles or self-insured reserves is made by any third Person
against Company or any contractor or subcontractor on account of any
occurrence related to this Agreement, Company shall promptly report the
facts in writing to the insurance carrier and to City.
If Company fails to procure and maintain any insurance required by this
Agreement, Oty may take out and maintain, at Company's expense, such
insurance as it may deem proper and deduct the cost thereof from any
moneys due Company.
9.6 Faithful Performance Bond
Simultaneously with the execution of this Agreement, Company shall file with Oty a
bond, payable to City, securing Company's faithful performance of its obligations under
this Agreement. The principal sum of the bond shall be One Million Dollars
($1,000,000). The bond shall be executed as surety by a corporation authorized to issue
surety bonds in the State of California, with a financial condition and record of service
satisfactory to City. The bond shall be in the form attached as Exhibit 4.
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JW1e 13, 1995
ARTICLE 10
OTY'S RIGHT TO PERFORM SERVICE
10.1 General
In the event that Company, for any reason whatsoever, fails, refuses or is unable to
Collect, transport or dispose of any or all Solid Waste which it is required by this
Agreement, at the time and in the manner provided in this Agreement, for a period of
more than forty-eight (48) hours, ~d if, as a result thereof, Solid Waste should
accumulate in City to such an extent, in such a manner, or for such a time that City
should find that such accumulation endangers or menaces the public health, safety or
welfare, then City shall have the right, but not the obligation, upon twenty.four (24)
hour prior written notice to Company during the period of such emergency as
determined by City, (1) to perform, or cause to be performed, such services itself with
its own or other Personnel without liability to Company; and/or (2) to take possession
of any or all of Company's land, equipment and other property used or useful in the
Collection and transportation~ of Solid Waste, and to use such property to Collect and
transport any Solid Waste generated within City which Company would otherwise be
obligated to Collect, transport and properly dispose of or process pursuant to this
Agreement.
Notice of Company's failure, refusal or neglect to Collect, transport and properly
dispose of or process Solid Waste may be given orally by telephone to Company at its
principal office and shall be effective immediately. Written confirmation of such oral
notification shall be sent to Company within twenty-four (24) hours of the oral
notification.
Company further agrees that in such event:
A. It will take direction from City to effect the transfer of possession of equipment
and property to City for City's use.
B. It will, if City so requests, keep in good repair and condition all of such
equipment and property, provide all motor vehicles with fuel, oil and other
service, and provide such other service as may be necessary to maintain said
property in operational condition.
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June 13, 1995
C. City may immediately engage all or any Personnel necessary or useful for the
Collection and transportation of Solid Waste, including, if City so desires,
employees previously or then employed by Company, Company further agrees,
if City so requests, to furnish City the services of any or all management or office
Personnel employed by Company whose services are necessary or useful for
Solid Waste Collection, transportation, processing and disposal operations and
for the billing and Collection of fees for these services.
City agrees that it assumes complete responsibility for the proper and normal use of
such equipment and facilities while in its possession.
If the interruption or discontinuance in service is caused by any of the reasons listed in
Section 11.4, City shall pay to Company the reasonable rental value of the equipment
and facilities, possession of which is taken by City, for the period of City's possession, if
any, which extends beyond the period of time for which Company has rendered bills in
advance of service, for the class of service involved.
Except as otherwise expressly provided in the previous paragraph, City's exercise of its
rights under this Article 10 (1) does not constitute a taking of private property for which
compensation must be paid; (2) will not create any liability on the part of City to
Company; and (3) does not exempt Company from the indemnity provisions of Article
9, which are meant to extend to circumstances arising under this Section, provided that
Company is not required to indemnify City against claims and damages arising from
the sole negligence of City, its elective and appointive boards, commissions, officers,
employees and agents in the operation of Collection vehicles during the time City has
taken possession of such vehicles.
10.2 Temporaxy Possession of Company's Property
If City suffers an interruption or discontinuance of service (including interruptions and
discontinuance due to events described in Section 11.4), City may take possession of
and use all of Company's property described above until other suitable arrangements
can be made for the provision of Solid Waste Collection Services which may include the
grant of a Franchise to another waste hauling company.
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June 13, 1995
10.3 Billing and Compensation to City During City's Possession
During such time that City is providing Solid Waste services, as above provided,
Company shall bill and Collect payment from all users of the above-mentioned services
as described in Section 5.1.2 Company further agrees that, in such event, it shall
reimburse City for any and all costs and expenses incurred by City in taking over
possession of the above-mentioned equipment and property for Solid Waste service in
such manner and to an extent as would otherwise be required of Company under the
Terms of this Agreement Such reimbursement shall be made from time to time after
submission by City to Company of each statement listing such costs and expenses, but
in no event later than five (5) working days from and after each such submission.
10.4 City's Right to Relinquish Possession
It is further mutually agreed that City may at any time at its discretion relinquish
possession of any or all of the above-mentioned property to Company and thereupon
demand that Company resume the Solid Waste services as provided in this Agreement,
whereupon Company shall be bound to resume the same.
10.5 City's Possession Not A Taking
City's exercise of its rights Wlder this Article (1) does not constitute a taking of private
property for which compensation must be paid, (2) will not create any liability on the
part of City to Company, and (3) does not exempt Company from any of the indemnity
and insurance provisions of this Agreement, which are meant to extend to
circumstances arising under this Section.
10.6 Duration of City's Possession
City's right pursuant to this Article to retain temporary possession of Company's
facilities and equipment, and to render Collection services, shall terminate when City
determines that such services can be resumed by Company, or when City no longer
reasonably requires such property or equipment In any case, City has no obligation to
maintain possession of Company's property or equipment and/ or continue its use for
any period of time and may at any time, in its sole discretion, relinquish possession to
Company.
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June 13, 1995
ARTICLE 11
DEFAULT, REMEDIES AND UQUlDATED DAMAGES
11.1 Events of Default
All provisions of the Franchise and this Agreeinent to be performed by Company are
considered material. Each of the following shall constitute an event of default.
A. Fraud or Deceit. If Company practices, or attempts to practice, any fraud or
deceit upon City.
B. Insolvency or Bankruptcy. If Company becomes insolvent, unable, or unwilling
to pay its debts, or upon listing of an order for relief in favor of Company in a
bankruptcy proceeding.
C. Failure to Maintain Coverage. If Company fails to provide or maintain in full
force and effect the Workers' Compensation, liability, or indemnification
coverage as required by this Agreement.
D. Violations of Regulation. If Company violates any orders or filings of any
regulatory body having jurisdiction over Company relative to this Agreement,
provided that Company may contest any such orders or filings by appropriate
proceedings conducted in good faith, in which case no breach of the Franchise
and this Agreement shall be deemed to have occurred.
E. Failure to Perform. If Company ceases to provide Collection, processing or
Recycling services as required under this Agreement for a period of two (2)
consecutive days or more, for any reason within the control of Company,
including labor disputes.
F. Failure to Pay. H Company fails to make any payments required under this
Agreement and/or refuses to provide City with required information, reports,
and/ or records in a timely manner as provided for in the Agreement.
G. Acts or Omissions. Any other act or omission by Company which violates the
terms, conditions, or requirements of this Agreement, the California Integrated
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June 13, 1995
Waste Management Act of 1989, as it may be amended from time to time, or any
law, statute, ordinance, order, directive, rule, or regulation issued thereunder
and which is not corrected or remedied within the time set in the written notice
of the violation or, if Company cannot reasonably correct or remedy the breach
within the time set forth in such notice, if Company should fail to commence to
correct or remedy such violation within the time set forth in such notice and
diligently effect such correction or remedy thereafter.
H. False or Misleading Statements. Any representation or disclosure made to City
by Company in connection with or as an inducement to entering into this
Agreement, or any future amendment to this Agreement, which proves to be
false or misleading in any material respect as of the time such representation or
disclosure is made, whether or not any such representation or disclosure appears
as part of this Agreement.
I. Attachment. There is a seizure of, attachment of, or levy on, the operating
equipment of Company, including without limits its equipment, maintenance or
office facilities, or any part thereof.
J. Suspension or Termination of Service. There is any termination or suspension
of the transaction of business by Company, including without limit, due to labor
unrest including strike, work stoppage or slowdown, sick-out, picketing, or other
concerted job action lasting more than two (2) consecutive days.
K. Failure to Provide Assurance of Performance. It Company fails to provide
reasonable assurances of performance as required under Section 11.6.
11.2 Right to Terminate Upon Default
Upon a default by Company, City shall have the right to terminate this Franchise and
this Agreement upon a ten (10) days notice if the public health or safety is threatened, or
otherwise a thirty (30) days notice, but without the need for any hearing, suit or legal
action. This right of termination is in addition to any other rights of City upon a failure
of Company to perform its obligations under this Agreement.
City's right to terminate this Agreement, and to take possession of Company's Facility
are not exclusive, and City's termination of this Agreement shall not constitute an
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June 13, 1995
election of remedies. Instead, they shall be in addition to any and all other legal and
equitable rights and remedies which City may have.
By virtue of the nature of this Agreement, the urgency of timely continuous and high-
quality service, the time required to effect alternative service, and the rights granted by
City to Company, the remedy of damages for a breach hereof by Company is
inadequate and City shall be entitled in injunctive relief.
11.3 Liq,uidated Damages
A. General. The City finds, and Company agrees, that as of the time of the
execution of this Agreement, it is impractical, if not impossible, to reasonably
ascertain the extent of damages which shall be incurred by City as a result of a
breach by Company of its obligations under this Agreement. The factors relating
to the impracticability of ascertaining damages include, but are not limited to, the
fact that (i) substantial damage results to members of the public who are denied
services or denied quality or reliable service; (ii) such breaches cause
inconvenience, anxietY, frustration, and deprivation of the benefits of the
Agreement to individual members of the general public for whose benefit this
Agreement exists, in subjective ways and in varying degrees of intensity which
are incapable of measurement in precise monetary terms; (iii) that Franchised
services might be available at substantially lower costs than alternative services
and the monetary loss resulting from denial of services or denial of quality or
reliable services is impossible to calculate in precise monetary terms; and (iv) the
termination of this Agreement for such breaches, and other remedies are, at best,
a means of future correction and not remedies which make the public whole for
past breaches.
B. Service Performance Standards; Liquidated Damages for Failure to Meet
Standards. The parties further acknowledge that consistent, reliable Solid Waste
Collection service is of utmost importance to City and that City has considered
and relied on Company's representations as to its quality of service commitment
in awarding the Franchise to it. The parties further recognize that some
quantified standards of performance are necessary and appropriate to ensure
consistent and reliable service and performance. The parties further recognize
that if Company fails to achieve the performance standards, or fails to submit
required documents in a timely manner, City and its residents will suffer
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June 13, 1995
damages and that it is and will be impractical and extremely difficult to ascertain
and determine the exact amount of damages which City will suffer. Therefore,
without prejudice to City's right to treat such non-performance as an event of
default under this Article 11, the parties agree that the following liquidated
damage amounts represent a reasonable estimate of the amount of such damages
considering all of the circumstances existing on the date of this Agreement,
including the relationship of the sums to the range of harm to City that
reasonably could be anticipated and the anticipation that proof of actual
damages would be costly or impractical. In placing their initials at the places
provided, each party specifically confirms the accuracy of the statements made
above and the fact that each party has had ample opportunity to consult with
legal counsel and obtain an explanation of the liquidated damage provisions at
the time that the Agreement was made.
Company
Initial Here
City
Initial Here
Company agrees to pay (as liquidated damages and not as a penalty) the
amounts set forth below:
1. Collection Reliability
a) For each failure to commence service to a new customer
account within seven (7) days after order, which exceed five
(5) such failures annually:
b) For each failure to Collect Solid Waste, which has been
properly set out for Collection, from an established customer
account on the scheduled Collection day and not Collected
within the period described in this Agreement which exceeds
ten (10) such failures annually:
c) For each failure to Collect Solid Waste, which has been
properly set out for Collection, from the same customer on
two (2) consecutive scheduled pickup days:
$150.00
$150.00
$150.00
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June 13, 1995
Collection Reliability (Continued)
d) For each failure to prepare for or properly conduct Annual
Oeanups including advertising and press releases:
e) For each failure to perform and submit billing reviews:
2. Collection Ouality
a) For each occurrence of damage to private property which
exceeds five (5) such occurrences annually:
b) For each occurrence of failure to properly return empty
Containers to avoid pedestrian or vehicular traffic
impediments or to place cans upright with lids secured (in
areas where customers own their containers, if applicable)
which exceeds ten (10) such occurrences annually:
c) For each occurrence of excessive noise:
d) For each occurrence of discourteous behavior to a customer
e) For each failure to clean up Solid Waste spilled from Solid
Waste Containers which exceeds ten (10) such failures
annually:
f) For each occurrence of Collecting Solid Waste during
unauthorized hours which exceeds five (5) such occurrences
annually:
3. Customer Responsiveness
a) For each failure to initially respond to a customer complaint
within one (1) business day:
b) For each failure to process customer complaints to City as
required by Article 5:
c) For each failure to carry out responsibilities for establishing
service:
$250.00
$250.00
$250.00
$150.00
$250.00
$250.00
$150.00
$250.00
$100.00
$500.00
$500.00
4. Timeliness of Submissions to City
Any report shall be considered late until such time as a correct and complete
report is received by City. For each calendar day a report is late, the daily
liquidated damage amount shall be:
Monthly Reports:
Quarterly Reports:
Annual Reports:
a)
b)
c)
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$100 per day
$250 per day
$500 per day
June 13, 1995
City may determine the occurrence of events giving rise to liquidated damages
through the observation of its own employees or representative or investigation
of customer complaints.
Prior to assessing liquidated damages, City shall give Company notice of its
intention to do so. The notice will include a brief description of the
incident(s)/non-performance. Company may review (and make copies at its
own expense) all information in the possession of City relating to
inddent(s)/non-performance. Company may, within ten (10) days after
receiving the notice, request a meeting with City. Company may present
evidence in writing and through testimony of its employees and others relevant
to the incident<s)/non-performance. City will provide Company with a written
explanation of his or her determination on each incident(s)/non-performance
prior to authorizing the assessment of liquidated damages. The decision of City
shall be final.
C. Amount. City may assess liquidated damages for each calendar day or event, as
appropriate, that Company is determined to be liable in accordance with this
Agreement.
D. Timing of Payment. Company shall pay any liquidated damages assessed by
City within ten (10) days after they are assessed. If they are not paid within the
ten (10) day period, City may proceed against the performance bond required by
the Agreement or order the termination of the Franchise granted by this
Agreement, or both.
11.4 Excuse from Performance
The parties shall be excused from performing their respective obligations hereunder in
the event they are prevented from so performing by reason of floods, earthquakes, other
"acts of God", war, civil insurrection, riots, acts of any government (including judicial
action), and other similar catastrophic events which are beyond the control of and not
the fault of the party claiming excuse from performance hereunder. Labor unrest,
including but not limited to strike, work stoppage or slowdown, sick-out, picketing, or
other concerted job action conducted by Company's employees or directed at Company
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June 13, 1995
is not an excuse from performance and Company shall be obligated to continue to pro-
vide service notwithstanding the occurrence of any or all of such events.
The party claiming excuse from performance shall, within two (2) days after such party
has notice of such cause, give the other party notice of the facts constituting such cause
and asserting its claim to excuse under this Section.
The interruption or discontinuance of Company's services caused by one or more of the
events excused shall not constitute a default by Company under this Agreement.
Notwithstanding the foregoing, however, if Company is excused from performing its
obligations hereunder for any of the causes listed in this Section for a period of seven (7)
days or more, City shall nevertheless have the right, in its sole discretion, to terminate
this Agreement by giving ten (10) days' notice, in which case the provisions relative to
taking possession of Company's land, equipment and other property and engaging
Company's Personnel in Article 10 and this Article 11 will apply.
11.5 Notice. Hearing and Appeal-of City Breach
Should Company contend that City is in breach of this Agreement, it shall file with the
City Manager a written request with City for an administrative hearing. Said request
shall be made within ninety (90) days of the event or incident which allegedly gave rise
to the breach. City shall notify Company of the time and date said hearing shall be held
within thirty (30) days of receipt of Company's request. Company shall present its
position and all relevant facts after City staff has made its presentation. Company shall
be notified of City's ruling in writing within fourteen (14) days of the administrative
hearing.
If Company is not in agreement with the ruling issued by City at the administrative
hearing, it shall have the right to appeal this ruling to the City Council members. This
appeal shall be made in writing to City no later than fourteen (14) days after receipt of
the administrative hearing ruling. City shall notify Company of the time and date the
City Council will review Company's allegation. Company shall present its position and
all relevant facts after staff has made its presentation. Company shall be notified in
writing within thirty (30) days of the City Council's ruling. The City Council's ruling
shall be final, and Company shall have no further rights of appeal.
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June 13, 1995
11.6 Assurance of Perfonnance
City may, at its option and in addition to all other remedies it may have, demand from
Company reasonable assurances of timely and proper performance of this Agreement,
in such form and substance as City may require. If Company fails or refuses to provide
satisfactory assurances of timely and proper performance in the form and by the date
required by City, such failure or refusal shall be an event of default.
~81-
June 13, 1995
ARTICLE 12
OTHER AGREEMENTS OF THE PARTIES
12.1 Relationship of Parties
The parties intend that Company shall perform the services required by this Agreement
as an independent Company engaged by City and not as an officer or employee of City
nor as a partner of or joint venture with City. No employee or agent or Company shall
be or shall be deemed to be aI,\ employee or agent of City. Except as expressly provided
herein, Company shall have the exclusive control over the manner and means of
conducting the Solid Waste Collection and Disposal services performed under this
Agreement, and all Persons performing such services. Company shall be solely
responsible for the acts and omissions of its officers, employees, contractors,
subcontractors and agents. Neither Company nor its officers, employees, contractors,
subcontractors and agents shall obtain any rights to retirement benefits, workers'
compensation benefits, or any other benefits which accrue to City employees by virtue
of their employment with City.
12.2 Compliance with Law
In providing the services required under this Agreement, Company shall at all times, at
its sole cost, comply with all applicable laws and regulations of the United States, the
State of California, and local agencies, City shall comply with all applicable regulations
promulgated by federal, state, regional or local administrative and regulatory agencies,
now in force and as they may be enacted, issued or amended during the Term.
12.3 Governing Law
This Agreement shall be governed by, and construed and enforced in accordance with,
the laws of the State of California.
12.4 Turisdiction
Any lawsuits between the parties arising out of this Agreement shall be brought and
concluded in the courts of the State of California, which shall have exclusive jurisdiction
over such lawsuits.
With respect to venue, the parties agree that this Agreement is made in and will be
performed in Alameda County.
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June 13, 1995
12.5 Assignment
Except as may be provided for in Article 10 (City's Right to Perform Service), neither
party shall assign its rights, nor delegate, subcontract or otherwise transfer its
obligations under this Agreement to any other Person without the prior written consent
of the other party. Any such assignment made without the consent of the other party
shall be void and the attempted assignment shall constitute a material breach of this
Agreement.
For purposes of this Section when used in reference to Company, "assignment" shall
include, but not be limited to (i) a sale, exchange or other transfer of substantially all of
Company's assets dedicated to service under this Agreement to a third party; (ii) a sale,
exchange or other transfer of outstanding common stock of Company to a third party
provided said sale, exchange or transfer may result in a change of control of ~ompany;
(ill) any dissOlution, reorganization, consolidation, merger, re-capitalization, stock
issuance or re-issuance, voting trust, pooling agreement, escrow arrangement,
liquidation or other transaction to which results in a change of Ownership or control of
Company; (iv) any assignment by operation of law, including insolvency or bankruptcy,
making assignment for the benefit of creditors, writ of attachment for an execution
being levied against this Agreement, appointment of a receiver taking possession of
Company's property, or transfer occurring in the event of a probate proceeding; and (v)
any combination of the foregoing (whether or not in related or contemporaneous
transactions) which has the effect of any such transfer or change of Ownership, or
change of control of Company.
Company acknowledges that this Agreement involved rendering a vital service to City's
residents and businesses, and that City has selected Company to perform the services
specified herein based. on (1) Company's experience, skill and reputation for conducting
its Solid Waste management operations in a safe, effective and responsible fashion, at all
times in keeping with applicable Environmental Laws, regulations and best Solid Waste
management practices, and (2) Company's financial resources to maintain the required
equipment and to support its indemnity obligations to City under this Agreement. City
has relied on each of these factors, among others, in choosing Company to perform the
services to be rendered by Company under this Agreement.
-83-
June 13, 1995
If Company requests City's consideration of and consent to an assignment, City may
deny or approve such request in its complete discretion. No request by Company for
consent to an assignment need be considered by City unless and until Company has
met the following requirements:
a. Company shall undertake to pay City its reasonable expenses for attorney's fees
and investigation costs necessary to investigate the suitability of any proposed
assignee, and to review and finalize any documentation required as a condition
for approving any such assignment;
b. Company shall furnish City with audited financial statements of the proposed
assignee's operations for the immediately preceding three (3) operating years;
c. Company shall furnish City with satisfactory proof: (i) that the proposed
assignee has at least ten (10) years of Solid Waste management experience on a
scale equal to or exceeding the sale of operations conducted by Company under
this Agreement; (ii) that in the last five (5) years, the proposed assignee has not
suffered any significant citations or other censure from any federal, state or local
agency having jurisdiction over its Solid Waste management operations due to
any significant failure to comply with state, federal or local Enviromnental Laws
and that the assignee has provided City with a complete list of such citations and
censures; (ill) that the proposed assignee has at all times conducted its operations
in an environmentally safe and conscientious fashion; (iv) that the proposed
assignee conducts its Solid Waste management practices in accordance with
sound Solid Waste management practices in full compliance with all federal,
state and local laws regulating the collection and Disposal of Solid Waste
including Hazardous Substances; and, (v) of any other information required by
City to ensure the proposed assignee can fulfill the Terms of this Agreement in a
timely, safe and effective manner.
Under no circumstances shall City be obliged to consider any proposed
assignment by City if Company is in default at any time during the period of
consideration.
-84-
June 13, 1995
12.6 Affiliated Companies
Company's accounting records shall be maintained on a basis showing the results of
Company's operations under this Agreement separately from operations in other
locations, as if Company were an independent entity providing service only to City.
The costs and revenues associated with providing service to City shall not be combined,
consolidated or in any other way incorporated with those of other operations conducted
by Company in other locations, or with those of an Affiliate.
If Company enters into any financial transactions with a Related Party Entity pursuant
to Section 6.8 for the provision of labor, equipment, supplies, services, capital, etc.,
related to the furnishing of service under this Agreement, that relationship shall be
disclosed to City, and in the financial reports submitted to City. In such event, City's
rights to inspect records, and obtain financial data shall extend to such Related Party
Entity or entities.
12.7 Contracting or Subcontracting
Company shall not engage any contractors or subcontractors for Collection or Disposal
of Solid Waste without the prior written consent of City.
12.8 Binding on Assig1ts
The provisions of this Agreement shall inure to the benefit to and be binding on the
permitted assigns of the parties.
12.9 Transition to Next Company
If the transition of services to another company occurs through expiration of term,
default and termination, or otherwise, Company will cooperate with City and
subsequent company(ies) to assist in an orderly transition which will include Company
providing route lists and billing information. Subject to Section 4.4.3.2, Company will
not be obliged to sell Collection vehicles, bins and Containers to the next company.
Depending on Company's circumstances at the point of transition, Company at its
option may enter into negotiations with the next company to sell (in part or all)
Collection vehicles, bins and Containers.
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June 13, 1995
12.10 Parties in Interest
Nothing in this Agreement, whether express or implied, is intended to confer any rights
on any Persons other than the parties to it and their representatives, successors and
permitted assigns.
12.11 Waiver
The waiver by either party of any breach or violation of any provisions of this
Agreement shall not be deemed to be a waiver of any breach or violation of any other
provision nor of any subsequent breach of viplation of the same or any other provision.
The subsequent acceptance by either party of any moneys which become due hereunder
shall not be deemed to be a waiver of any pre-existing or concurrent breach or violation
by the other party of any provision of this Agreement.
12.U Company's Investigation
Company has made an independent investigation (satisfactory to it) of the conditions
and circumstances surrounding the Agreement and the work to be performed by it.
12.13 Condemnation
City fully reserves the rights to acquire Company's property utilized in the performance
of this Agreement, by purchase or through the exercise of the right of eminent domain.
This provision is additive, and not intended to alter the rights of the parties set forth in
Article 10.
12.14 Notice
All notices, demands, requests, proposals, approvals, consents and other
communications which this Agreement requires, authorizes or contemplates shall be in
writing and shall either be personally delivered to a representative of the parties at the
address below or be deposited in the United States mail, first class postage prepaid,
addressed as follows:
If to City:
Assistant City Manager / Administrative Services Director
City of Dublin
100 Civic Plaza
Dublin, California 94568
-86-
June 13, 1995
If to Company:
Division President and General Manager
Livermore Dublin Disposal
6175 Southfront Road
Livermore, CA 94550
The address to which communications may be delivered may be changed from time to
time by a written notice given in accordance with this Section.
Notice shall be deemed given on the day it is Personally delivered or, if mailed, three
days from the date it is deposited in the mail.
12.15 Representatives of the Parties
References in this Agreement to the "City" shall mean the City Council and all actions to
be taken by City shall be taken by the City Council except as provided below. The City
Council may delegate, in writing, authority to the Assistant City Manager, and/ or to
other City employees and may permit such employees, in turn, to delegate in writing
some or all of such authority.to subordinate employees. Company may rely upon
actions taken by such delegates if they are within the scope of the authority properly
delegated to them.
Company shall, by the effective date, designate in writing a responsible officer who
shall serve as the representative of Company in all matters related to the Agreement
and shall inform City in writing of such designation and of any limitations upon his or
her authority to bind Company. City may rely upon action taken by such designated
representative as actions of Company unless they are outside the scope of the authority
delegated to him/her by Company as communicated to City.
12.16 City Free to Negotiate with Third Parties
City may investigate all options for the Collection and Disposal of Solid Waste after the
expiration of the Term. Without limiting the generality of the foregoing, City may
solicit proposals from Company and from third parties for the provision of Collection
services, Disposal services, Recycling services, Green Waste Collection and processing,
and any combination thereof, and may negotiate and execute agreements for such
services which will take effect upon the expiration or earlier termination under Section
11.1 of this Agreement.
-87-
June 13, 1995
12.17 Compliance with Municipal Code
Company shall comply with those provisions of the municipal code of City which are
applicable, and with any and all amendments to such applicable provisions during the
term of this Agreement.
12.18 Lease of Equipment and Facilities
Company agrees not to enter into leases or the purchase of significant new vehicles and
new facilities that affect the calculation of Company Compensation in accordance with
Section 6.8 without the advance, written approval of City.
12.19 Privacy
Company shall strictly observe and protect the rights of privacy of customers.
Information identifying individual customers or the composition or contents of a
customer's waste stream shall not be revealed to any Person, governmental unit, private
agency, or company, unless upon the authority of a court of law, by statute, or upon
valid authorization of the customer. This provision shall not be construed to preclude
Company from preparing, participating in, or assisting in the preparation of waste
characterization studies or waste stream analyses which may be required by AB 939.
12.20 Early Termination of Obligations under Current Agreement
Neither Company nor its affiliates shall be obligated to provide any services pursuant to
the current franchise agreements as of December 31, 1995. This Agreement shall be
deemed to be an amendment to the current franchise agreements for the purposes of
terminating the obligation to provide services pursuant to those agreements.
-88-
June 13, 1995
ARTICLE 13
MISCELLANEOUS AGREEMENTS
13.1 Entire Agreement
This Agreement, including the Exhibits, represents the full and entire Agreement
between the parties with respect to the matters covered herein.
13.2 Section Headings
The article headings and section headings in this Agreement are for convenience of
reference only and are not intended to be used in the construction of this Agreement nor
to alter or affect any of its provisions.
13.3 References to Laws and Other Agreements
All references in this Agreement to laws shall be understood. to include such laws as
they may be subsequently amended or recodified, unless otherwise specifically
provided. This Agreement supersedes any and all agreements heretofore entered into
by the parties and City.
13.4 Interpretation
This Agreement, including the exhibits attached hereto, shall be interpreted and
construed reasonably and neither for nor against either party, regardless of the degree
to which either party participated in its drafting.
13.5 Agreement
This Agreement may not be modified or amended in any respect except by a writing
signed by the parties.
13.6 Severability
If any non-material provision of this Agreement is for any reason deemed to be invalid
and unenforceable, the invalidity or unenforceability of such provision shall not affect
any of the remaining provisions of this Agreement which shall be enforced as if such
invalid or unenforceable provision had not been contained herein.
-89-
June 13, 1995
f 3.7 Exhibits
Each of Exhibits identified as Exhibit "1" through "9" is attached hereto and incorporated
herein and made a part hereof by this reference.
IN WTINESS WHEREOF, City and Company have executed this Agreement as of the day and
year first above written.
ATIEST:
SECRETARY
CITY OP DUBLIN
("City")
By
By
CITY
APPROVED AS TO FORM:
("COMPANY")
the City Attorney
By:
Name: Kevin Walbridge
Title: President
By:
Name: Dan Borges
Title: Division President and General Manager
Livermore Dublin Disposal
-90-
June 13, 1995
EXHIBIT 1
COMPANY'S PROPOSAL
June 13, 1995
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A WaSle ManaglJment Company
CITY OF DUBLIN IMPLEMENTATION SCHEDULE (CONTINUED)
FOR ENHANCED AND NEW SERVICES
September 11, 1995
. Start new recycling services
October 1, 1 SSS
· Develop new service/information notes for garbage and
greenwaste services
November 1, 1995
· Begin Key Community Leaders Briefings and Community
Presentation for new garbage and greenwaste
· Mail introduction brochure for garbage and greenwaste
service
December 1, 1995
. Mail How- To-Brochure for garbage, greenwaste and
recycling
· Begin showing How-To-Video on local cable TV
· Set up displays at City Hall and Shannon Center for new
garbage end greenwaste services
December 26. 1995
to January 6, 1995
· Deliver garbage and greenwaste carts (How- To-Brochure
included with cart)
January 1, 1996
. Reply cards for questions and comments included in billing
How-To-Brochure included in billing
January 5. 1996
· Kick-Off Celebration at City Hall
January 8. 1996
· Begin automated garbage and greenwaste collection
'0.
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A Waste Managomant Company
CITY OF DUBLIN IMPLEMENTATION SCHEDULE
FOR ENHANCED AND NEW SERVICES
1\
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June 13, 1995
. Dublin City Council Approve Contract
June 14, 1995
· Order carts and equipment
· Begin development of How-To-Brochures for enhanced
curbside recycling services
July'. 1995
. Develop new service/information notes for curbside
recycling
August " 1995
. Begin Key Community Leaders Briefings and Community
presentations for curbside recycling I
. Set up displays at City Hall and Shannon Center for
enhanced curbside recycling.
August 2'. 1995
. Mail How-To-Brochures for enhanced recycling services
September 1, 1995
. Billing insert for enhanced recycling services
. Reply cards for questions and comments. included in billing
. Begin development of How-To..video for garbage and
greenwaste
September 5. 1995
. Distribute How-To-6rochures for enhanced recycling
services to Dublin Schools
'0.
Livermore Dublin Disposal
6175 South Front Road
Livermore, California 94550
510/447.1300
FAX 510/447.7144
IQ
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A Waste Management Company
March 1, 1995
Mr. Paul S. Rankin
Assistant City Manager
City of Dublin
100 Civic Plaza
Dublin, California 94568
Dear Mr. Rankin:
This proposal is being submitted to the City of Dublin by Livermore Dublin Disposal, a
Division of Waste Management of Alameda County. Livermore Dublin Disposal is pleased
to offer the state of the art garbage collection that the City of Dublin has determined is
necessary to meet its solid waste planning goals.
Livermore Dublin Disposal has been providing solid waste services to the residents and
businesses in Dublin for many years, and we are proud to consider ourselves a part of the
community. We very much look forward to the opportunity to build on the long track record
of excellent service we are proud to have developed in Dublin. We are confident that the
elements of the following proposal amount to nothing less than a state of the art approach
to recycling, solid waste collection and disposal.
If you have any questions that we can answer prior to our first meeting which is scheduled
for March 20, 1995 at 9:00 a.m. at the Dublin City offices please call.
We appreciate the opportunity to respond to your RFP, and we look forward to working
together to fulfill the goals and objectives of the City of Dublin.
Sincerely,
..-. '\
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Dan Borges
Division President and General Manager
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A division of Waste Management of Alameda County
Table of 'Contents
Exe~utive Summary
Com p any D e scrip ti 0 n ..,..............~...~. ..........:.................. ...... .~.... ...~............... ............. 1
. Ovenriew '................ .....11I.. .......~~ ...: ~... .... ~..... ......iII.....~~... .... ........ ............................... ..... ... 1
Det.ails of Ownership of Company ............................;...;......;....................................... 1
Description of the ~ompany' s Experience....................................:........................... 2
Description of the Company's Service Initiation Experience ...............................24
. Information Regarding Pending Litigation .....................................-........................ 26
-Financial Info rma tio n ........~. .... ............~... ...... ....... ............. ............. .... .................. .... 28
Key P erso nn el ... ..,..... ............~~...... ....... .... ..... .... ......... ............. ............ .". ...................... 29
T ec hni cal Pro po sal. ........'~......... ............. ....... ....~........ .........................-.. ............ ....... 31
Refuse Services. .... ........... ........ ............. ... ~............... .... .... ................... ...... ........... ....... 31
R~cycling Collection, Processing and Marketing.......................................~............ 37
Green Waste .Collection, Processing and Marketing ............................................. 39
- -
G en eral Req u ir~m en ts .... '...............'...... .'................ III...... '" III................................................................:........ ~O
1m pl~m en ta tio n Plan ............. .... ............. ......... ...................................~..~.....................~ 44
~usto m er Service / B HUng ................ .......... ................ .... .................................. ........ 51
Enviro nm en tal Com po n en t ...........~.....~.~ ..................... .............................................. 52
- -,
Financial proposal
, .
. Business Terms
. Appendices
@). Livennore Dublin Disposal
. Proposal
I. PROPOSAL SUMMARY
Like many municipalities within the state of California,
the city of Dublin is about to embark on a new era of
solid waste management. Through a state-of-the-art re-
cycling, trash collection and disposal system, Livermore
Dublin Disposal (LDD) is offering a transition to an inte-
grated program with the minimum possible disruption to
the Dublin communities. The proposed program will en-
able every Dublin resident to actively contribute toward
the environmental and economic well being of their City.
The challenge to California cities of providing a comprehensive collection and diversion system has
dramatically increased in just a few years. Environmental awareness and advances in technology have
driven environmental service companies and municipalities to work together toward improving the
quality of life and making our communities a better place in which to live and work.
To that end, we offer the following resources:
Proven Experience
Livermore Dublin Disposal (LDD), a division of Waste
Management of Alameda County (WMAC), has provided
service to the City of Dublin for many years and is proud
to be a member of this community. Our know ledge of the
community, the commitment to quality customer service
and advanced technological resources combine to provide
a program designed to meet the challenge of an integrated
system that is cost effective and environmentally sensi-
tive.
Enhancing the current program with new services entails
many challenges, quality service, public education, and
maximizing di version rates. Our experience within the City and the fact that we will utilize the existing
drivers and other personnel, assures a smooth transition to the new program. Those highly skilled
drivers along with our supervisors and management team, are committed toward assisting Dublin in
reaching its goals by providing the specific services requested in the RFP.
State-of-the-Art Automated Collection and Increased Recycling
Residential Service
Livermore Dublin Disposal is offering both manual backyard and fully
automated collection service for residents. As per the terms of the RFP,
manual backyard collection will be available under Option A, and fully
automated collection under Option B. LDD's unique fully automated
system offers both increased collection efficiency, and "state-of-the-art"
flexibility. Under Option B, we propose the use of a single-pass, fully automated collection vehicle
which will minimize truck traffic on Dublin streets.
Recycling services will be provided as per the terms of the RFP to all residential customers on the same
day as garbage collection. The residential program offers a complete collection system aimed at reach-
ing the goals established by AB 939 and ease for residential participation.
Diverse Commercial Pro~rams
Commercial and industrial customers will continue to recei ve
the highly dependable collection service which they are ac-
customed to under the current contract with LDD. With the
continuation of this service, Dublin business would experi-
ence no disruption in their current service.
Comprehensive commercial recycling would be available to
all City of Dublin businesses. Through a wide network of
end market buyers, LDD is able to collect and recycle an
extremely wide range of materials. If the City elects to have
LDD provide commercial recycling, LDD will use split refuse
containers for customers with space limitations.
. .
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Yard Waste Solutions
LDD is particularly pleased to offer yard waste collec-
tion services in light of other successful Waste Man-
agement, Inc. programs now in place. Programs in
communities such as Livennore, and other communi-
ties across Alameda, Contra Costa and Sonoma Coun-
ties have added to our knowledge of local conditions
and improved our technology for yard waste collec-
tion.
The integration of collection systems with processing
and end use of the resulting material ensure maximum
diversion and the "highest and best" use of this or-
ganic material. To maximize credit under AB 939,
LDD will work to assure that 100% of the green waste
collected through this program be counted as diver-
sion under the letter of the law.
Bulky Item Collection
A wide range of materials will be di verted from the waste stream & reused as a result of this program.
This on call service will result in the reuse and proper disposal of hundreds of items which can other-
wise cause a blight to the community. Livermore Dublin Disposal enjoys an established relationship
with the Appliance Recycling Center of America to recycle white goods. Other goods, can be pro-
cessed by recycling centers which WMAC regularly supplies. In support of the City's stated objective
these programs and others such as the Reuse Center at the Davis Street Station for Material Recycling
and Transfer will be utilized to maximize diversion of these materials.
Annual Clean-ups
Annual clean-ups are a critical element of our overall program to keep the City of Dublin looking great.
We have been providing this service for many years, and have a thorough knowledge of the most
efficient way to go.
Customer Service. Public Education and Community Involvement
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Along with this new era in solid waste management practices, the need for
quality customer service and public education has become increasingly im-
portant. LDD's unique knowledge of the community provides the basis for a
comprehensive public education program that reaches every Dublin citizen.
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Creative, colorful brochures and interactive programs are just the beginning of this far reaching effort
toward establishing Dublin as a state-wide model. LDD has already provided a lesson plan on environ-
mental issues to the Dublin Unified School District which is in place today! Another program includes
highly developed themes aimed at educating youth about these issues through Cycler, the environmen-
tal robot. This fully functional, high-tech robot delivers the recycling message in a uniquely appealing
way. In fact, Cycler was featured the annual St. Patrick's Day Parade in Dublin.
Waste Management People
The involvement of our people is vital to the
success of the program. Our success as a com-
pany, in fact, is due to the sense of pride and
personal commitment to quality service which
our people bring to the job each day. This pro-
posal defines our commitment to the City of
Dublin. We accept the responsibility of mea.
suring up to and exceeding the highest standards
for a state-of-the-art program, and we look for.
ward to embarking on this new venture with the City and to provide high quality service to Dublin
residents.
. I .
a. COlnpanyDescriptiol1
i) OVERVlE\V
The legal entity which would enter into the Agreement is Waste Management of Alameda'
County (WMAC) of which Livermore Dublin Pisposal is a Division. Waste Management of'
Alameda County is a Califoinia corporation, which was incorporated in.,1920.
ii) . DETAILS OF OWNERSIDP OF COl\IP ANY
The parent corporation of Waste Management of Alameda County is Waste Management,
, .
. . Inc., a part ofW1v1X Teclmologies, Inc. (WMX).
The Division President and General Manager of Livermore Dublin Disposal~ Dan Borges,
reports to the President of WMAC, Kevin Walbridge, who.in turn reports to the Group
President, Jim Teter. Standard policies and procedures are issued by Corporate
. Management, covering the following areas: administration, operations, contract
administration, humari resources; finance, corporate and public affairs, and legal. The local
Division President.is ~esponsible for ensuring that all Corporate Policies and Directives are
being followed, and he is provided. guidance as necessary through the President ofW1\1AC.
The business address for Waste Management of Alameda County, a division of Waste
, Management Inc., is as follows: .'
Kevin V'lalbridge, President
Waste Management of Alameda County, Inc.
172 98th Avenue
Oakland, California 94603
The business addressJor Livermore Dublin Disposal is:
. Dan Borges, Division President and General Manager
6175 South Front Road
Livermore, California 94550
The officers of Waste Management, Inc. are as follows:
Dean L. Bun~ock, Chairman of the Board and Chief Executive Officer
Phillip B. Rooney, President and Chief Opera!ing Officer
J. Steven Bergerson, Senior Vice President - Law ahd Compliance
James~. Koenig, Senior Vice President - Chief Financial Officer & Treasurer
@ Li~ennore D~blin Disposal
Proposal
- 2 -
Joan Z. Bernstein, Vice President - Ethics and Environmental Relations
William Y. Brown, Vice President - Environmental Planning and Programs
Herbert A. Getz, Vice Preside.nt - General Counsel and Secretary
Thomas C. Hau, Vice President and Controller
. H. Vaughn Hooks, Vice President ~ Tax
Ronald M. Jericho, Vice President - Reporting
Frank B. Moore, Vice Pre~ident - Government Affai.rs '
Susan C. Nustra, Vice President - Treasurer
William J.. Plunkett, Vice President - Communications
Bruce D. Tobecksen, Vice President - Finance
Donald A. Wallgren, Vice President - Chief Environmental Officer
Jane G. Witheridge, Vice President - Strategic Planning'
Thomas A. Witt, Vice President - Associate General COWlsel
Linda R. Witte, Vice President - Associate General Counsel
WMX Technologies, Inc. is 100% O\\l1er of Waste 'Management, Inc. The business
addresses of WMX Technologies, Inc. and \Vaste Management, Inc. are 3003 Butterfield
Road; Oak Brook, Illinois 60521.
iii) DESCRIPTION OF COMPANY EXPERIENCE
Waste Management, Inc. is the nation's leading provider of comprehensive environmental
services including residential, commercial and industrial solid waste services. Waste
Management; Inc. is the parent company of the bidding firm Waste Management of
Alamed<j. County, Inc. '
Organizational & Environmental Sen.ices Oven'iew
The WMX Technologies, Inc. family of companies includes five subsidiaries:
· Waste Management, inc.
· ,Wheelabrator Technoologies, Inc.
. Chemical Waste Management, Inc.
. .Waste Management International
· RUST Intematio'nal, Inc.
Together, WMX operating groups employ more than 72;650 people working to provide a
seamless array of environmental services. Each operating group is the industry's premier
provider of its respective services"
Proposal
@ Livennore Dublin'Disposal
- 3 -
'Vaste Management, Inc. (WMI)
Waste Management, Inc. was incorporated in 1971 and currently consists of nine operating
groups: Florida, Mid-Atlantic, Mideast, Midwest, Mountain, No~east, Southeast,.
Southwest and West. WMI is the nation's leading provider of solid waste services and\VMI
groups currently employ approximately 32,000 people.
, '
, .
Waste Management" Inc. is the most comprehensive provider of solid waste. services in
North America. WMl is dedicated primarily to the collection, transfer, processing and
disposal.of residential; municipal, institutional, commercial and industrial solid waste arid
recyclirig.
WMI provide~ solid waste collection serVices to more than 1,900 municipalities in North
America and provides its services to more than 12 million residential and commercial
customers. The Company operates more than 130 solid waste ~andfills in the U.S. and
Canada and has others in development. The Company's 30 landfill gas recovery and gas-to-
electric systems produce energy'that saves 1.93 million barrels of oil each year. WMI also
operates a network of solid aste handling facilities including more than 100 transfer
stations and more,than 125 materials recovery facilities in North America.
\Vastc Management's Recycle America@ and.Recycle' Canada@ recycling services offer
curbside recycling to nearly 6 million homes in over 750 communities. In 1993, these
programs collected and processed more than 2 million tons of recyclables.
WMI Services
""V.Taste Management's WMI Services division provides local governments"special events
planners, property management and commercial and industrial customers with a wide range,"
of related services including: portable sanitation~ portable structures, locked storage
contajners, temporal)' fencing, power poles, refuse chutes, safety barricades and contract
mechanical and vaculUTI sweeping. Scaffolding, towers and portable bleachers are provided
to many of these same customers by The Brand Companies, Inc.
Waste Management's WMI Medi'cal Services operates 11 regional medical waste treatment
facilities in the U.S. Customers include hospitals, clinics, medical and dental offices and
other health care providers in35 states, and has also en~ered the speCialized home health care"
market. Through it marketing affiliation with the Baxter Healthcare Corporation, it offers
hospitals environmental audit services and coUnsels these institutions on waste reduction and
compliance 'with emerging waste regulations.
'Vheelabrator Technologies Inc. is a multifaceted environmental services company and is
, 56-percent owned by W1v1X Technologies, Inc. It is the nation's leading developer and
operator of trash-to-energy and co-generation facilities, with 14 trash-to-energy facilities in
the U.S., and a Ie~der in environmental engineering and air pollution control sys,tems for
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industrial and utility applications.. The Company employs more than 3,600. people.
Wheelabrator also provides compo sting systems and a range of water and wastewater
treatment se.rvices including sludge management.
Wheelabrator's core business has been conversion of municipal trash and other waste fuels
into energy. Today, Wheelabrator facilities derive 700 megawatts of electric generating
capacity from waste resources serving the trash disposal needs of mor~ than 400 American
communities and generating enough electricity to annually displace millions of barrels of oil.
W'heelab~ator Clean. Water pioneered the privatization of wastewater treatment plants and .
today is the leading operator ofmtmicipal \vastewater treatment facilities in the U.S.. '
\Vheelabrator's technologies keep it at the forefront of water quality prote'ction in the U.S.
Wheelabrator subsidiaries, International Processing Systems (IPS) and BioGro provide
solutions to sludge management and compo sting as well as comprehensive marketing
services for processed sludge and compost.
y&eelabrator Clean Air isa le~ding supplier to utilities and industry of systems that clean
plant emissions. The Company designs and installs state-of-the-art systems that have
achieved industry-low emission levels.
Chemical 'Vaste Management. Inc. is the nation's largest provider of comprehensive
hazardous waste services and is a 78-percent-owned subsidiary of WMX Techllologies, Inc.
Chemical Waste Management employs approximately 5,000 people and operates about 20,
treatment, storage and disposal facilities. .
Chern-Nuclear Systems, a subsidiary of Chemical Waste Management, provides low-level
radioactive w~tes services. Since 1971, CNS! has operated the only low-level radioactive
waste disposal facility east of the Mississippi River in Barnwell, South Carolina. The
Company currently holds three regional contracts comprising 14 states for similar work to be
sited in Illinois, North Carolina and Pennsylvania. ,
RUST International Inc. is a leading environmental engineering, construction,
infrastructure and .consulting firm. RUST is 56 percent-owned by Chemical Waste
Management and 40 percent-ovmed by Wheelabrator Technologies. The Company provides
its services through six business areas: RUST Engineering, RUST Construction Services,.
RUST Remedial Services, RUST Environment and Infrastructure, RUST Industrial Services
and RUST Limited. RUST is the largest-remedial contractor in the U.S. and has completed
more than 10,000 projects during the past decade. RUST is also the fifth largest
enviromnental consulting, infrastructure and design/construct firm in the country. In
addition, RUST provides industrial customers 'with scaffolding serVices, industrial cleaning
and maintenance as well as. specialty nuclear services and marine services.
'Vaste Management International pic .is the'leading international provider of
environmental services, providing virtually all of the Company's services outside 'of North
Anlerica. The Company employs approximately 14,940 people. Waste Management
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International provides diversified eriviro111Iiental services in, about 20 countries overseas.
Waste Management International pIc's stock is traded separately and is 56% ovmed by
Waste Management, Inc., 12 percent ovmed by both Chemical Waste Management and
Wheelabrator Technologies Inc. an.d 20 percent owned by public stockholders. .
By mid-year 1993, Waste Management International pIc \vas providing services in
Argentina, Australia, Derumirk, Finland, France, Germany, Italy, The Netherlands, New
ZeaJand, Spain, Sweden, Saudi Arabia, Hong Kong, Indonesia, Brunei, United Kingdom
and Venezuela.' .
Joint Ventures
One of the Company's top public policy programs is the development 6fviable marketS
for collected recyclables.' Waste Management is working to advance and create markets
for collected recy~lables to ensure that recycling remains economically viable. Waste
Management has testified before Congress to encourage nationwide recycling legislation
and supports measures at the state and federal levels to stimulate markets for recycled
materials.
A crucial element of recycling programs is the development of sustainable end markets
for recycled materials. The rapid growth of collection services and processing facilities
has not yet been matched by development of markets for collected materials. Without a
market for the recyclable mate~al, it is not possible to successfully rec):cle. Waste
Management is actively addressing this challenge. Through joint ventures with users of
recycled materials, the Company has helped provide proce~sing and brokering capability
for recyclable products. In addition, the Company procures recycled products for internal
use, conducts research to improve the efficiency of recycling collection and processing
systems, conducts educational campaigns and supports measures at the state and federal
level in an effort to stimulate markets for recycled materials. .
WMI has launched, two operational joint ventures which provide end markets for millions
of tons of paper, glass, tin and cardboard. In addition, WMI has developed a Market
Initiative to coordinate research and seek improvements in the efficiency of collection and
processing systems.
StonelWaste Management Paper Recycling
In 1990, \Wv1NA and Stone Container Corporation.established ajoint paper
recycling venture. .WMI supplies the new company with paper fiber collected by
its Recycle America@ and Recycle Canada@ programs. Stone Container
purchases alr-of its rec'ycled fiber needs through, the new company and provides
international end markets for the recyclable material. The Stone/Waste
Management Paper Recycling joint venture is a marketing enterprise specializing
in providing outlets for recycled corrugated containers, paperboard, grocery bags,
cardboard, newsprint and other paper fibers. .
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'Container Recycling Alliance (eRA)
In 1990, WMI and American National Can Company established a joint venture
creating the nation's most comprehensive program to recycle all types of metal and
g!ass containers. Waste Management \\ill supply the recovered metal and glass
containers recovered through its Recycle ..<\merica@ curbside programs. CRA accepts
aluminum, steel and bimetal cans, glass bottles and jars of all colors. The diverted
materials are then used to form new containers. .
\Vaste :Management s Experience
1. Residential \Vaste Collection
At year-end 1992. \VMI groups provided residential solid waste collection service to
12 million single family households in the United States and Canada.. Most of these
were served Wlder terms of more than 1,750 municipal solid waste collection
contracts or franchise agreements. '
Other domestic local mWlicipalities serviced by WMI collection' contracts include:
City of Fresno
In 1990, Waste Management was awarded an eight (8) year contract by the City of
Fresno to provide all of the City s 350.000 residential customers with weekly
curbside recycling service. In order to service this contract, Waste Management
constructed a 30.000 square foot Materials Recycling Facility. and in February of
1991 began collecting and sorting newspaper, aluminum and metal cans, glass
containers, and some pl8:5tics. In 1994, additional materials were added to the .
collection program to include aseptic m~lk and juice containers and us~d motor oil.
Confact Ms. Patricia Tierce, City of Fresno, at (209) 498-4082 for more information
on the City of Fresno contract.
Fresno Unified School District
IIi 1993, Waste Management was aw~ded a three (3) year contract by the Fresno
Unified Scho~l District 'to collect and recycle aseptic juice cartons, aluminum lunch
trays, and cardboard to. approximately 90 schools and office facilities. In August of
1994, Waste Management was awarded an additional three (3) year contract to provide
solid waste collection services to approximately 90 schools .and office facilities.
Contact Ms. Lyn Peters, Fresno Unified School District at (209) 441-6935 for more
information on these contracts. .
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Alameda County jurisdictions
Waste Management has been providing residential solid waste collection serVices to
jurisdictions' in Alameda Cmillty since 1920. These jurisdictions include Alameda,
Albany, Castro Valley Sanitary District, Emeryville, Hayward, Livermore, Newark,
Oro Lorna Sanitary District, Piedmont, and Union City. "
Contact for information regarding some ofWMAC's programs in Alameda County,
coi1fact; Lee Horn'er, City Manager, City of Livermo;e at 510/373-5100 or; Al
Huezo, Assistant City Manager, City of Newark at 510/790-7201.
Other domestic municipalities serviced_by WMI collection contracts include:
Baton Rouge, Louisiana
The Baton Rouge City Council voted on August 29, 1990, to award ~ six~year
contract for residential waste collection and recycling to Waste, Management of
Baton Rouge.
In January 1991, Waste Management of Baton Rouge completed a 96-day
mobilization and began mice-weekly residential waste collectiqn and once-a-week
curbside recycling services to 110,0.00 households. The contract also called for the
construction and operation of a 150-ton-per-day materials recycling facility, and for
the processing and marketing of aluminum, bimetal cans, plastics and paper fibers.
Waste Management of Baton Rouge was given 96 days--from award of contract to
start of service--to mobilize a fleet of 36 refuse trucks, 18 recycling vehicles and
support equipment, refurbish an operations center to house the residential waste
collection operation, recruit a ISO-member workforce, and construct the 42,000-
square-foot recycling center. .
At the time of contract award; Waste Management of Baton Rouge was serving
several thousand commercial and industrial custom~rs in and around the Gulf Coast
conununity and 31,000 residential customers in surrC!~ding conununities.
Contact Baton Rouge Mayor, Ed McHugh at (504) 387-3100for more information
on the Baton Rouge contract.
Seattle, Washington
, .
In 1990, WMI and the City of Seattle entered into an agreement for the transportatio~
- and disposal of the City's non-r:ecycled solid waste. As part of a historic agreem,ent
with Seattle, Waste Management will haul the City's wast~ by rail until 2028.
Seattle's waste is transported by rail to Waste Management's Columbia Ridge
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Landfill in Gilliam County, Oregon. The train leaves Seattle three times every week,
carrying approximately' 100 containers and traveling about 325 miles from Seattle to
the Columbia Ridge Landfill., This program is an example of progressive leadership
in solid waste disposal and recycling. .
Contact Waste Management Special Projects Manager Greg Forge at (206) 822-
3770 or Ed Steyh; contract enforcement manager, Seattle Solid Waste Utility at (206)
684-7666for more information on the Seattle contract.
Ft. 'Vorth, Texas
~ May 1992 Waste Management of Fort Worth was awarded a five-year contract to
provide residential collection services to 107,000 homes,. 80 percent of Fort Worth's
residences. The contract also awarded the Company a curbside recycling contract for
131,000 homes, 100 percent of the City's residences. Forty collection and recycling
vehicles provide residence with collection services twice a week. The program .began
October I, 1992.
Previously, the Company provided collection services to about 20 percent of Fort
Worth's homes. Another vendor served 20 percent and the City itse~f handled about
60 percent of the homes. The F ort Worth program .is the largest mandatory recycling
and collection contract yet to be implemented by a municipality in the South and one
of the largest in the nation. '
Contact Tom Davis, Director of CitY Services, City of Fort Worth at (817) 871-6300
for more information on the Ft. Worth contract.
Broward County, Florida
Waste Management's Southern Sanitation and Southern Sanitation Southeast
operating divisions in Pompano Beach, Florida, dispatch a total of 29 resigential,
~ollection vehicles daily to provide twice-weekly collection to 139, 700 households
under terms of 17 individual contracts with 14 cities and one county governmental unit
in the greater Ft. Lauderdale community.
Commercial and industrial solid waste collection services, some of these in accord
with governinental franchise agreements, are provided to 8,300' commercial and
industrial customers in many of the same communities. The two divisions dispatch 40
front-loading and on'e rear-loading commercial vehicles plus 14 roll-off container
trucks each day.
Contact Bob Henderson, Director of Integrated Solid Waste Management, Broward
County at (305) 970-0166 for more information about the Broward County contract.
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New Orleans, Louisiana
In metropolitan New Orleans, Louisiana, .Waste Management's local residential
collection companies, American Waste and Pollution Control-Residential and Waste
Management of 81. Tammany, are ~urrently providing collection service to more than
280,500 single-family househoids under terms of five contracts with the City of New
Orleans and individual contracts with nearby St. Bern~d Parish and St. Charles
Parish. A total of 42 rear-loading collection vehicles are dispatched daily from three
operating centers. The Company has served the Algiers sectiqn of New Orleans
since July I, 1977,. and the New Orleans-East contract area .sinceJune I, 1979. -.
Contracts for the . remaining. districts of New Orleans were awarded to \Vaste
Manilgement in late .1986, with the City estimating annuai savings of $3,000,000
when compared to costs of municipal collection.
Contact Kim Jacquilliard at TVM of New Orleans at (504) 949-3333 for more
information about the New Orleans contract.
Dearborn, Michigan
" .
Waste Management of Michigan Detroit -West provides 32,000 households in the
City of Dearborn, Michigan with curbside collection of solid waste, commingled
retyclables and yard waste. Ten collection vehicles and seven recycling vehicles
provide weekly services through a five-year contract awarded in 1990.
". For" more information on the Dearborn contract contact Mr. Kurt A. G.iberson,
Director, City of Dearborn - DPW (313) 943-)075.
2. Commercial Waste Collection
WMI also provides containerized storage and collection service to nearly 1 million
North Anierican commerCial, industrial and institutional customers:
A large numb~r of the Company's 14,000 collection vehicles ~ well as its 1,240,000
specialized containers (ranging from l~to-50 cubic yards capacity) and" 16,000
stationaiy compactor systems are dedicated to commercial collection.
Customers range from comer grocery sto.res and service stations to major ~ieei mills
and automoth~e assembly plants. Some of this nation's major corporations are
included on our service rolls, including American National Can, Baxter Healthcare .
Corporation, BASF, Du Pont, Ford Motor Company, Xerox, IBM, Honeywell, Inc., _
-Sears, Mobil Corporation, McDonald's and others.
In each instance, storage and collection systems are. carefully matched to individual
customer needs and waste characteristics. Smaller containers and rear-loading
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vehicles are deployed for retail establishments, multiple-family residences, and
smaller office complexes, where overhead utilities, narrow alleyways and limited
parking areas would restrict larger containers or semi-automated collection
vehicles.
Front-loading vehicles capable of lifting and emptying small and medium sized
containers with the driver never leaving the ve,hicle are used in modem shopping .
centers, industriat parks arid apartment"complexes.
Smaller stationary compaction systems can be employed with either rear-loading or
. front-loading containers' for generators of large volumes of light or fluffy
wastes--increasing storage capacity and reducing collection frequencies. ' These
closed compaction systems are also valuable in controlling seepage, and vermin for
grocery stores, food service' outlets and produce dealers.
Special "load lugger" vehicles capable oflifting medium sized (6-to-15 cubic yard)
containers of sludges and semi-liquid wastes, or concentratipnsof dense, heavy
wastes are also used in special applications. These vehicles lift the container in a
level attitude from ground level to the truck bed, reducing spillage associated \\ith
the larger roll-off or tilt-frame industrial vehicles.
Roll-off or tilt-frame \~ehicles service large open or closed cpntainers for high
volume waste generators. These vehicles, deliver, remove and replace containers
ranging from 15 cubic yard to 50 cubic yard capacity. '
Open top roll-off containers are ideally suited to the construction and demolition
industries and to distribution centers, prjIlters, packaging and furniture'
manufacturers and Industries generating high volumes of heavy non-putrescible
wastes. Large closed containers and stationary compaction systems are employed
for generators of large quantities of low density wastes, for businesses requiring
closed storage systems for health or safety reasons, and for industrial complexes
where large collection vehicles cannot conveniently or safely negotiate a plant
, property to the individual point of waste generation. lp. the latter instance, smaller
customer or contractor o'WIled collection vehicles or container trains are employed
. to transport wastes to a centralized collection point.' Waste Management
professionals are ideally suited to develop a waste con~erization and collection _
system tailored to specific customer needs.
3. Residential & Commercial Recvcling
Recycle America@/Recycle Canada@
Successful residential curbside recycling programs require careful planning"
effic~ent implementation, effective marketing and professional management.
Today, Recycle America@ is the nation's leading and most successful recycling
program for residential as.well as commercial customers.
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In 1992, Waste Management v.;as providing curbside residential recycling services
to more than 5 million households in more than 600 communities. Recycle
America@ and Recycle Canada@ also collected recyclables from more than 75,000:
businesses. During 1992, Recycle America@ processed 2 million tons' of material
for recycling.
Recycle Ameri~a@ curbside, collection services utilize specially designed vehicles
and containers to collect specified materials placed at the curb by. residents.
,Materials recovered for recycling through these programs usually include
newspaper, glass, metals and plastics. Materials are taken to a company recycling
. center for processing and sale, or delivered to established secondary material
processors. Recycle America@ provid.es governments and residents of new..and
existing \Vaste Management service communities with unique experience in
design, pricing and delivery of curbside recyCling programs.
One of the Company's top policy issues is working to establish and expand markets
for recycled materials now being recovered from the municipal waste stream. '
Today, the establishment of markets for collected recyclables is the biggest
ch~lenge facing service providers, government, consumers and manufacturers.
WMl will continue to..-do its part through offering recycling services to make
recycling work effectively. To date the Company has:
. . Invested hundreds of millions of dollars in establishing an infrastructure for the
collection, sorting and marketing of materials.
. Joined ~rith major U'.S. companies to form recycling marketing allianc~s.
. Worked with environmental organizations to develop and sponsor ,national
education programs on recycling. '
. Provided testimony'in state and federal debates regarding recycling legislation
and labeling requirements. '
. Actively participated with local recycling advocacy groups and state-task forces
to help shape recycling policies.
, Alameda County
,Waste Management is currently providing comprehensive curbside recycling
services to the majority of Alameda County residents. Curbside programs are
currently in place for Albany, Alameda, Emeryville, Hayward, Oakland (~),
Livermore and Newark. In additiop, WMAC is providing comprehensive'
commercial recycling services through its Recycle America of Northern California
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facility locateq in Oakland as well as our facility based recycling programs at both ~e
Tri Cities Recycling and Disposal Facility and the Davis Street Station for Material
Recycling and Transfer. ,"
Contactfor information regarding some of WA1AC's programs in A.lameda County,
C01?tact; Lee Horner, City A1anager, City of Livermore at 5101373-5100 or; Al
Huezo, Assistant City Manager, City of Newark 'at 510/790-7201.
Long Beach, California
In August, 1992. Waste Management of California was awarded a seven-year contract
for the collection, processing and, marketing <?f residential curbside recyclable
materials for the city of Long Beach, California. The program, one of the largest and
most comprehensive curbside contracts in the nation, provides recycling services to
approximately 125,000 households. The program became operational in December,
-1992 and collects not only the standard curbside recyclables of newspaper, aluminum
cans and bottles, but also mixed plastics and corrugated cardboard.
Contact R~ta Hooker, City of Long Beach at (310) 590-6001 for more information on
the Long Beach contract
Ft. "Torth, Texas.
Waste Management of Fort Worth was awarded a five-year contract by the City of Fort
Worth to provide all of the City's 131,000 residences with curbside collection of-
recyclables. On October I, 1992 Waste Management began to sort and collect
, recyclables including newspaper, aluminum and metal cans, glass containers and some
plastics. . This program is the largest mandatory. recycling program yet to be
implemented by a municipality in the South and one of the largest in the nation. Waste
Management is also pro'viding 80 percent of the City's residences with solid waste
collection services.
Waste Management has fanned a new partnership with a black entrepreneur in which
fifty-percent of the city's recycling services will be performed by Resource Marketing.
Inc. Waste Management is providing the .assistance, tracking, organizational structure
and financing that this operation needs to. establish itself as a viable Disadvantaged
Business Enterprise (DBE). It is the Company's commitment to involve more minority
contractors in the expansion of its operations.
Contact Tom Davis, Director of City Services, City of Ft. Worth at (817) 871-6300
for more information on the Ft. Worth contract.
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Seattle, Washington
A total of 70,000 households in the northern half of Seattle participate in a curbside
recycling program provided by Waste Management of Seattle under terms of a
5-year contract signed with the city in October; 1987. Residents are provided with
color-co.ded containers for weekly collection of glass, steel, PET and HDPE bottles, .
newspapers, mixed waste paper and aluminum cans for recyclmg. . Service began in
February, 1988 with collected materials sorted and processed in a company-
designed recycling. center.
,For moreiriformation on the Sea,ttle contract contact Ed Steyh, City of Seattle at
(206) 684-7645. .
Other Sen'ices and Programs
Commercial and industrial recycling and waste reduction services, citizen drop-off
recycling centers, compo sting programs, tire shredding, material recovery facilities
(MRFs) and office recycling services have also been incorporated under the
Recycle America@ and.Recycle Canada@ service banner. In 1991, these programs
collected more than 1,800,000 tons of newspaper, corrugated board, steel, glass,
alumimun, bimetal cans and plastics for recycling.
Waste Management has specified use of recycled paper in production of letterhead,
stationery and other printed and paper materials at its operating locations to aid in
"market development for recyclable materials. Ninety-five percent of paper
products pUrchased centrally by Waste Management contained recycled materials.
In addition to paper, employees also recycle aluminum cans, newspaper, corrugated
cardboard and laser" toner cartridges. The company has successfully reduced the
waste stream at its corporate office through a reusable coffee mug program. In the
employee cafeteria, china and flatware are used instead of disposable materials.
4. Recycle America@/Recycle Canada@ Material Recovery Facilities
" "
At year-end 1992, Waste Management was operating m"ore than 100 recycling
processing centers across the United States and Canada.
Recycle America@!Recycle Canada@ process centers include straight material
recovery facilities, combination transfer station/recycling centers to sort both
residential and commercial recycl<;ibles from collected. ~astes~. commercial baling
facilities and buy-back centers~ Product quality is the overriding concern in
materials' recovery. Depending on available markets, Recycle America@
processing facilities handle newspaper, corrugated cardboard, mixed paper,'
aluminum cans, ferrous metals, gl~s and plastic. .
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The following highlights some of Waste Management's Recycling facilities, serving
residential and commercial customers in communities of all sizes.
Philadelphia, Pennsylvania
Waste Management began operations at The Forge~ Inc. in 1985. The Forge, Inc. is
a Pennsylvania Department of Enviroiunental, Resources permitted solid waste
transfer station handling 600 - 700 tons per day of municipal solid waste.
The facility is capable of processing up to 4,000 tons of high grade paper, newspaper,
corrugated cardboard, commingled glass, aluminum and metal cans and PET and
HDPE plastic bottles every month. Residential customers provide 65 percent of the
daily load, while commercial sources provide the remainder.
Contact SyKasintz, Philadelphia Sanitation Services at (215) 686-5520for: more
information on the Philadelphia contract. '
. Richmond, Virginia
Recycle America's Richmond Recycling facility is Virginia's most comprehensive
processing facility. The Richmond Recycle America facility processes residential as
well as commercial/industrial recyclables. Much of the materials are collected
through the Central Virginia Waste Management's curbside recycling program and
more than 62,000 homes. The facility occupies 57,50q square feet and processes
newspaper, office and computer printout paper, corrugated, foil paper, aluminum,
tin, three colors of glass, HDPE and PET plastic.
Contact Steve Chidsey, Director of Operations -- Central Virginia Waste
Management Authority at (804) 359-8413 for more information on the Richmond
contract.
Baton Rouge, Louisiana .
A matc::rials recovery facility capable of handling ,up to 150 tons of recyclables each
day was opened by Waste Management of Baton Rouge. The facility processes more
than 1,200 tons of commingled residential recyclables, including newspaper, glass,
plastic, aluminum and tin cans from 150,000 households, and 300 tons of commercial
recyclables, including cardboard and office paper. .
Contact Susan Hamilton, Baton Rouge Recycling Coordinator at (504) 389-519,4
for more information on the Baton Rouge contract.
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Seattle, Washington
The Recycle America regional facility operated by Waste Management of Seattle
processes more than 200 tons of materials each day, including recyclables collected
from 194,000 households. The plant aiso q.andles cOITl1l1ercial cardboard and
mixed paper from area businesses. At the curbside, one bin contains mixed paper
. and the other contains commingled glass, cans, PET and HDPE bottles. Athird bin
.is for old newspaper. The facility uses a combination of mechanized and manual .
sorting techniques to separate glaSs, aluminum cans, tin cans and PET and HDPE
bottles~
Contact Ed Steyh, City of Seattle at (206) 684-7645 for more information on the
Seattle contract. .
5. Commercial \Vaste Reduction and Recycling' Sen'ices
\Vaste Manageme.ntand its Recycle America@ program are also helping
commercial and industrial customers nationwide reduce solid waste volume sent to
landfills. This effort helps reduce customer waste collection and disposal costs and
preserves valuable sanitary landfill capacity for non-recyclables. It also provides
\Vaste Management 'with competitive advantage over companies dedicated
exclusively to waste disposal.
In 1991 the Company provided more than 40,000 commercial and industrial
customers v.ith waste reduction and recycling services.
6. Yard Waste and Composting
Waste Management of Alameda County is currently providing curbside yard waste
collection in the city. of Livermore and the Castro Valley and Oro Lorna Sanitary
Districts. These programs currently divert over 1000 tons of green was~e each
mo~th. In addition, a comprehensive wood and yard waste diversion program is in
place at the Davis Street Station for Material Recycling and Transfer which diverts,
processes and markets over 4000 tons of wood and green w~te each month. The
Tri Cities Recycling and Disposal facility also diverts wood and yard waste, with
over 600 tons processed in the past year.. Waste Management operates many other
yard waste diversion ~d processing programs throughout the state of California.
In addition to our local programs, many states are restricting the disposal of leaves,
grass clippings, brush and other yard wastes from landfills in order to ex,tend the
life of such facilities. .In response to recent state legislatIve. efforts, WMI has
initiated yard waste collection and compo sting services -in several states including
Washington, Iowa, Minnesota, North Carolina and New York. More than 20 WM!
facilities are currently compo sting yard waste. The yard waste programs have
diverted thousands of tons of yard waste from the residential waste stream.
Compost can be used as fertilizer or in a variety of other applications.
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7. Tire Shredding Sen'ices
At year-end 1992, the company operated 15 tire shredders. The majority of these' .
were high-volume, semi-portable units which can be moved from one location to
another for stockpile cleanup or for periodically schedul.ed service to high volume
industrial or municipal accounts in our many service communities.
Projects have concentrated on stockpile cleanup, including major projects in
Denyer,.9olorado; Port Everglades, Florida; Bayport, Mankato, and Belle Plaine,
Minnesota; Milton Grove,. Pennsylvania, and Campbell sport and Wausau,
Wisconsin.
Operations, other than stockpile remediations, are generally situated at a Company-
ovmed landfill where tires are easily transported for immediate processing.
, Unprocessed piles of waste tires are unsightly, pose a serious threat of uncontrolled
fire, accumulate stagnant water and become a breeding ground for rodents, ,insects
and other vermin. If buried, un-shredded tires retain pockets of air and float to the
surface. \Vhatever the case, due to their hollow donut shape, unprocessed tires
consume an inordinate amount of this nation's available waste disposal capacity.
Shredding alone can produce a fivefold reduction in the space consumed by each of
the estimated 200,000,000 tires discarded in the United States each year.
Shredded tires are either sold to cement kilns, paper companies and utilities as a
fuel supplement, or used as interior drainage blankets and road base at landfills. As
technology advances and markets develop, increasing quantities of crumb rubber
cart be sold for paving, athletic field surfaces, railroad crossings, truck bed liners.
and irrigation piping. . , .
8. WMISen'ices Portable Sanitation. Portable Structures & Related SerVices
. .
Through WMI Services, the Company provides a variety of urban services
including portable sanitation units, moveable office structures, storage containers,
temporary fencing, portable power poles and street sweeping services. WMI
Services are available in hundreds of U.S. markets through regional WMI service
centers and local divisions. '
w:MI Se~ices is designed to provide existing customers from the construction and
property management industries with a single source for temporary services and
structures, and to position WaSte Management as a broad-line supplier to outdoor
events, such as athletic and sporting <;:ontests, air shows, fairs, festivals and other
gatherings where crowds demand management, structures arid services too costly to
install and maintain for seasonal or occasional use.
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@ Livermore Dublin Disposal
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Most of these services, provided through existing operating divisions or through
geographically located WMI $.ervice Centers, offer' decided convenienc~ and
savings to new and existing customers.
9. \VMI Medical Services'
WMI Medical Services provides waste 'reduction consultipg, collection, treatment
and disposal services. to hospitals, clinics, laboratories, dOGto~'s officers and other
generators of medical wastes. \VMl Medical Services operates II regional medical
waste treatment facilities serving . thousands of customers in more than 30 states.
These treatment facilities accept off,:"spec and outdated pharI?aceuticals as well as
other related medical products.
W1v1l Medical Services ConsultaIits analyze a client's disposal practices and design
a comprehensive waste management plan. The. plan identifies opportunities for
waste stream reduction, recycling and educates health care employees about
environ,mental.ly responsible and safe waste handling procedures.
Units are located in ATIzona, Colorado, Florida, Indiana, North Carolina, New
Hampshire, Ohio, Texas and Wisconsin. .
10. National Accounts
Through the WMI group and CWM National Accounts' program, Waste
Management provides leading n,ational companies and small businesses with a full
range of environmental services provided by the Waste Management Family 'of
C,?mpanies. ,Additional benefits offered by National Accounts programs include: a
wide array' of solid and hazardous waste services, consulting, centralized billing, .
m~agement reports, legislative and ,regulatory tracking, advanced electronic
communications and indeIlllli,ficatioIL A national network of waste reduction,
recycling, collection and secUre disposal services can be arranged to meet the needs
of the customer through this pr~gram.
Boston, Massachusetts -- . A' l~ge conglomerate requested that' Waste
Managem~nt submit bids to provide services for their Boston. Area facilities.
During a review' of their 'waste streams by waste reduction experts from corporate
National Accounts, WMI and CWM exposed several opportunities to improve on
equipment inefficiencies, safety problems, recycling programs, and. operational
improvements. Waste Management was award~d eight of their facilities producing
70% of its waste. The C.omp'!-I1Y's program increased their capacity and far
exceeded cost 'savings expectations. Subsequently, Waste Management was
awarded the entire contract to handle 100% of the waste generated.
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11. Solid Waste Transfer
Waste Management, Inc. is the world's largest and most experienced company in
the provision of both municipal and corrui1ercial solid waste transfer and disposal
services. The Company operates more than 95 transfer stations in North America.
The company annually receives ~d 'transfers millions of tons of municipal and
commercial wastes through its network of transfer stations. These stations are
served by a fleet of more than 530 over-the-road semi-tractors, 1,430 transfer
trailers and 17~ pieces of specialized on-site loading and trailer staging equipment.
Waste Management transfer stations employ push pits, compactors and enclosed
compactor trailers or gravity fed compactor systems, and top-loading open-top
trailers, depending upon the 'types and quantities of wastes being received and
transferred.
Waste Management transfer stations range in size from large urban centers ot5,OOO
ton-per-day capacity to small rural "green box" stations processing several tons per
day.
Waste Management introduced its exclusive WMS collection/transfer system in
1989. WMS incorporales exchangeable compactor bodies with a trio of light-
weight, single-axle collection and transfer chassis to provide direct transfer of
collected wastes without costly transfer stations. \VMS collection vehicles simply
exchange filled and empty bodies \\ith the \VMS Transporter ,'lith no off-loading
or reloading ofloose refuse. Equipped ,'lith a simple three-axle trailer which carries
two WMS containerlbodies, the WMS Transporter quickly, quietly and
economically carries payloads' to and from distant waste processing or disposal
cen,ters.
The WMS service represents a 2' Y::-year international development project
completed in concert with a major West German solid waste services firm. '
Waste' Management and its predecessor companies have been designing,
constructing and operating municipal, waste transfer stations of various' sizes and
equipment design for well over twenty years and have transferred many millions of
tons of municipal and commercial solid wastes from urban centers to landfills and
solid waSte process centers.
, .
The following highlights some of the CQmpany's tr3I;lsfer stations.
, Davis Street Transfer Station, Oakland, California
The Davis Street Station for Materials Recycling and Transfer (SMaRT) is a 53-
acre site for the recycling and transfer of'materials collected from 11 communities
in Northern a,nd Central Alameda County. '
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Davis Street SMaRT initia~ed operations in 1980. At the facility, th~ general
public, landscapers, contractors and other businesses are offered various recycling
opportunities including buy-back and drop-off services for cans, bottles, papers,
metals, used Levis, foam'. carpet pads, m~ttresses, pallets and other materials.
Reusable goods are also collected for donation to the Salvation Army. Waste oil
collection and wood and tire recycling also take place at the facility. .
The facility also receives approximately 3,200 tons per day of conunercial and
residential refuse. in its 55,000 square foot transfer building.' Transfer trucks
holding up to 25 tons of material are dispatched from this facility to the Altamont
Landfill in Eastern Alameda COlUlty.
. .
Sk-y Harbor Transfer. Station,. Phoenix, Arizona
Waste Management opened the Sk.')' Harbor Transfer Station in 1990. The facility .
has the capacity to handle 4,000 tons of solid waste per day and currently handles
about 2,000 tons of solid waste pe{day primarily from the citie's of Phoenix and
Tempe, Arizona. Sk.')' Harbor covers 550 square feet and has. four loading ports
capable of acconunoda!~ng 12 garbage trucks simultaneously on the tipping floor.
One-hlUldred percent of the waste is then transported to Waste Management's
Bu~erfield Station Landfill in Mobile, Arizona.
Contact Jerry Suddeck, Acting Director of Maricopa County Department of Solid
Waste A1anagement at (602) 506-8726. .
Philadelphia Transfer and Recycling C~nter, Philadelphia, Pennsylvania'
The Philadelphia Transfer and Recycling Center, bullt and operated by Waste
Management of Pennsylvania, Inc., has been operational since 1988. The facility
. has the capacity to manage 2,000~ons of solid waste per day 'an~ houses two
transfer buildings covering approximately 45,000 square feet. The Philadelphia
Tr~sfer Center handles approximately 140 - 150'collection vehicles daily"and
: services customers in the Philadelphia area. Compacted waste is. transported 30
miles to one of two Waste Management. facilities. Approximately 35 - 45
transporter trucks leave the facility daily. The Philadelphia Transfer Center also
has on-site recycling processing capabilities and handles newspaper and co-'
mingled recyclables which are sold to end-markets. The facility employs 35
people.
Contact Sy Kcisintz, PhiladelphiaSanitation Services at (215) 686-.5520 for more
information on the Philadelphia Transfer and Recycling Center.
@ Livermore Dublin Dis~o~al .
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12. Solid Waste Disposal
Waste Management is the industry leader in design, engineering, construction,
operation and environmental monitoring of municipal solid waste landfills. Waste
Manageme;lt's Landfill & Recycling centers ,are a vital component of today's
integrated approach to solid waste management. The Company is corrimitted to
diverting major portions of collected solid wastes for reuse and 'recycling, waSte-to-
energy and corpposting. However,. land, disposal is the only acceptable repository
for non-recoverable and non-combustible waste fractions.
The company operates 136 sanitary landfills in the United States and Canada.
Working, in partnerships with local communities to develop comprehensive
programs to preserve both valuable resources and extend landfill capacity, Waste
Management can provide an integrated service incorporating waste reduction,
curbside recycling and processing and marketing of recyclables, in 'addition to' state-
of-the-art landfilling.
, ....
Waste Management'disposal facilities do not accept hazardous or liquid wastes.
Groundwater monitoring is conducted on a regular basis at every facility and results
are sent to proper regulatory agencies as well as the Company's Environmental'
Monitoring Laboratory in Geneva, Illinois.
The following highlights some of WMI's facilities:
Altamont Landfill and Resource Recovery Facility
, ,The Altamont Landfill and Resource Recovery Facility began operations in'l980
and was acquired by Waste Management in 1986.
With ~ daily volume of 6,000 tons, the landfill is constructed with a dendritic
leachate collection system, a subdrain, and a groundwater interceptor trench. The
site also features both a batch leachate treatment. system and a landfill gas collection
, and electrical' generation plant.
The facility's landfill gas-to-electricity plant is a state-of-the-art process through
which electricity is generated by burning landfill gas in turbines. The plant is
capable of generating enough energy to serve 6,500 homes. Approximately
$280,000 per year is spent by the facility on routine groundwater leachate arld air
quality monitoring.
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Butterfield Station, Mobile, Arizona
The Butterfield Station Landfill in Mobile, Arizona, is a 640-acre, 447 permitted,
state-of-the-art site whi~h began operations in early 1990. Butterfield Statidn was
the first site in Arizona to incorporate a synthetic liner. A 60~mil high-density
polyethylene (HDPE) primary liner rests on an IS-inch recompacted clay liner and -
is overlain with a HDPE geonet to allow for . collection of leachate; The _ site is
monitored semi-annually for grOlll1dwater and quarterly for landfill gas. Butterfield
Station is located in a remote, dry, geologically stable desert environment which
experie!lces less thah S inches of rainfall annualli Site life is estimated at 50 years.
Upon reaching final elevation, the site will be covered with 2 feet of compacted
soil, a 6-inch drainage layer, .2 feet of surface soil and vegetation. Final end-use
v.ill be determined in cooperation with the local community. B~tterfield Station
typifies larger regional sanitary landfills being de\~eloped by \\'aste Management in
response to increasing environmental demands.
Contact Stu Baker, Waste .Management of.North America at (602) 256-0630 for
information on Butterfield Station.
Columbia Ridge Landfill & Recycling Center, Arlington Oregon
The Colurrtbia Ridge Landfill, situated in the high desert environment of Eastern
Oregon, is a 2036-acre, 628 acres pemiitted for landfilling, state-of-the-art site
which began operation in January 1990. Estimated site life is about 50 years.
Columbia Ridge was designed and developed by Waste Management of North
Amenca to serve as the primary disposal facility for the 1.4 million people in the'
three-county l'ortland, Oregon, metropolitan area, 140 miles away. The landfill is
also receiving municipal wastes from the nearby cities of Arlington and Cordon, as
well as Kennewick, Washington.
Disposal cells ~e lined with a.composite liner of clay, geotextile and high-density
polyethylene. The site is located in an arid climate which minimizes the amount of
leachate generated and collected in the leachate collection system. Groundwater
and landfill gas are monitored regularly. Four feet offinal cover will be placed over
the site when'it has reached capacity.
In mid-1991, Columbia Ridge began receiving daily railway shipment of 1,000 tons
per day of containerized municipal' solid wastes from the City of Seattle under
terms of a contract signed with that City in September 1990. The innovative
program is an example of the Company's progressive leadership in solid waste
disposal and recycling. '
ContaCt Judge Laura Condon, Gilliam COUlJ.ly at (503) 384-6351 for more
information on Columbia Ridge. ,-
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Settler's Hill Recycling & Disposal Facility
The Settler's Hill Recycling & Disposal Facility js a 397 acre municipal waste disposal
site located in Kane COlll1ty, Illinois. Currently, 271 acres are permitted for landfilling
activities.
A comprehensive monitoring and management system ensures that the Settler's Hill
Recycling & Disposal Facility is properly operated and' maintained. The system
includes leachate collection, groundwater'monit<:ning, surface water management and
landfill gas management.
The facility has an on-site' gas-to-energy facili.ty. The gas is pulled by vacuum to a
landfill gas-to-energy, plant where it is compressed and delivered to two turbine -
engines which generate electricity. The plant has the capacity to produce 4.3 mega-
watts of electricity per day. Power is currently being sold to the City of Geneva to
supply electricity to 7,500 homes.
\Vaste Management of Illinois and K~e County have worked together since 1980
planning and developing a comprehensive recreational development project at the
Settler's Hill Sanitary Landfill Complex. The Settler's Hill cooperative effort has
provided environmentally sound disposal services for Kane CountY as well as offering
a broad range of recreational opportunities. As a result, Settler's Hill Recycling &
Disposal facility has become a nationally recognized model of the achievements that
can be gained through private-public partnership.
The first nine holes of an eventual 27-hole golf complex were officially dedicated on
October -13, 1988 and the second nine holes opened in 199'0. Once completed the
recreational facility will also include a 170 foot ski hill, sledding slopes, equestrian
trails, jogging and cycling trails, picnic areas, a restaurant and public tennis courts.
The recreational amenities will be phased in <?ver a I 0-to-15-year period. '
Kane County receives all revenues generated from the public use of the recreational
area. Waste Mariagement remains responsible fo":rcontinued groundwater monitoring,
leachate collection, gas recovery and surface water management.
Contact Mr. Phil Bus, Kane County Development Department at (708) 232-3498 for
more information on S(?ttlers Hill.
Landfill Gas Recovery
In 1985, Waste Management completed its first two landfill gas-to-electric plants at
company-qwned $anitary landfills in suburban Milwaukee, Wisconsin.
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@ Livermore Dublin Dispo'sal
- 23 p
Today, WMI has a total of 28 gas' reco\~ery projects at its landfills and is the leader in
. landfill gas recovery in the U.S. with 101. 7 million watts of electrical generation
, .
capacity in operation and 65.9 million cubic feet of mediwn--BTU gas sales per day.
Several programs generate electricity for 'sale to utilities through a joint venture with
Caterpillar Financial Services Corp. Other facilities sell landfill gas. directly 'to
industrial c,ustomers for use in furnaces and boilers. Similar landfill gas-to-energy
projects are planned for 13 more landfills.
The gas can be recovered and sold to industrial customers or public utilities as a
mediwn BTIJ fuel, 'or used on site to power electrical generating reciprocal or turbine
, '
eIigmes.
13. Environmental A~dit
All Waste Management facili~ies are subject to regular audits by the 'Company's
Environmental Audit Department. The Company's environmental auditors verify
facility compliance with regulatory, legal and company environmental standards and
increase overall environmental management effectiveness. In 1992, A.rthur D. Little,
an independent consulting firm, reviewed the Company's environmental management
. systems ad' environmental policies and procedures and stated: . . .
"In our 'opinion, Waste Managemens Inc.'s corporate and subsidiary environmental,
management systems, policies and procedures, and, its corporate envir~nmental audit
program establish the Company as the leader in the U.S. waste management industry.
Furthermore, certain features of these systems, policies and procedures and audit
program reflect approaches that are state ofth~ art and place Waste Management, Inc.
firmly among the leaders of industry as a whole with regard to corporate,
environmental management." (Arthur D. Little, Inc., March 1992). '
14. Waste Man,agement's Environmental Monitoring Laboratory
The Company's Environmental Monitoring Laboratory ~alyzes groundwater 's~ples
taken from Waste Management's 7,500 groundwater monitoring wells and is the most
sophisticated groundwater monitoring lab in the world. The EML laboratory is staffed
by 130 employees including 90 chemists; lab teclmicians and systems personnel. 'In
1991, EML produced one-half million test results taken frqm more than 26,000
groundwater samples.
The environmentallaboratofy is the nation's most thoroughly equipped fadlity of its
type dedicate~ to environmental analysis of groundwater, surface water and ambient
air samples from solid and hazardou's waste disposal facilities. It serves as Waste
Management's first line in discovery arid correction of potential contamination of
@ Livermore Dublin Dispos"al
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groundwater underneath its sanitary landfills, industrial waste processing/disposal
facilities, and hazardous waste facilities.
The environmental laboratory incorporates neariy $5~OOO,000 worth of analytical
instrwnentation and a $1,500,000 computerized sample tracking and .control system.
Sampling parameters for each of the monitoring points have been established to meet
and exceed federal, state and loc.al criteria for the specific site being monitored.
The laboratory functions independently of the company's two largest operating groups,
Waste Management and Chemical Waste Management, to guarantee the integrity of
the sampling program as well as site compliance with all. regulatory agency and
corporate environmental policies. .
iv) DESCRIPTION OF THE COl\1PANYis SERVICE INITIATION EXPERIENCE
The following inf<;mnation is specific to the initiation of service in the City of Dublin.
a) . Procurement of vehicles and personnel
Equipment is already in place to service the City of Dublin. ..<\ny new equipment purchased
pursuant to this RFP "ill be acquired through our National Accounts purchasing programs.
b) Training of personnel
Existing personnel will be used to provide the services r~quested in this RFP.
c) Billing sen'ices
Billing services will be provided unintenupted under the existing system in place in the City
of Dublin. All residential customers are being billed for the first can level of service on their
property taxes, with LDD billing for all other services.
d) Routes and operating procedures
No major re-routing is foreseen under the terms of the RFP which would affect customer
. .
service days;
e) Delivery of containers
Container~ would be delivered to Dublin residents for Green Waste" or Under Opti~n B of
Residential Solid Waste Collection: Containers ~ould be delivered two weeks prior to service
stUtdate. .
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@ Livennore Dubli~ Disposal
- 25 --
1) Community involvement
LDD has always strived to be a good corporate Citizen in the City of Dublin, and \Vill certainly
,continue our efforts is this area to support the services requested in this RFP. Specific actions
to be taken as part of the implementation process include:
- sending a mailer to e~ch home one month prior to service start date; . -
- attaching a second flyer upon delivery of the container;
- and providing inserts in bills sent to each customer.
g) Transition issues
LDD has extensive experience in the local area, for example the recent implementation of
green - waste collection and commercial recycling in the City of Livermore. WMAC also
recently delivered containers to each resident of Union City for al.!-tomated collection of
garbage and green waste. Of course, LDD also implemented both curbside and multi-family
recycling in the City of Dublin without any disruption to customers.
The following information is a general description of the sen.ice initiation experience of
'Waste Management, Inc.
Project Planning and Mobilization
Waste Management of Alameda County has had extensive experience in the planning
and implementation of new services throughout Alameda County. These. services
include both the curbside recycli~g and greenwaste programs referenced earlier, as
well as the commercial recycling program now in: place across the County. In
addition, WMAC brings v.,rith it the experience of Waste Management, Inc._ in
providing the resQurces, equipment and personnel to implement new programs at any
sc~e. . .
The company currently provides service to more than 1,750 North American
municipalities, some of which are among the largest in the nation. The Company has
also mobilized its services for several overseas projects inclt.i~ing the Exxon Valdez
oil spill, the Persian Gulf War and ~e 1992 Chicago Flood. - .
The Company has demonstrated the ability to:
a. Complete comprehensive waste service surveys and devise routing,
equipment and manpower requirements responsive to individual community
needs, geography, climatic conditions and lifestyles and/or industrial
properties and projects.
b. Secure and prepare for service specialized equipment ~d containers on
@ Li~ermore Dublin Disposal
Proposal.
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a prompt and effective basis.
c. ' Locate, construct or refurbish, furnish and equip, and effectively
manage comprehensive administrative, operations and maintenance centers.
d. Recruit, train, relocate (if necessary), and effectively manage large
bilingual and/or multinational work forces.
e. Recruit from \\>1thin its management and employee ranks for temporary
assignment or permanent relocation administrative, technical and operations
personnel necessary to successful project mobilization and service.
f. Effectively develop and adhere to critical path procurement,
construction, manpower, and start-of-service schedules.
y) INFORMATION REGARDING PEl'iL>ING LITIGATION
Waste Management of Alameda County, Inc. ("WMAC") is a wholly owned
subsidiary of Waste Mapagement, Inc., an Illinois corporation ("WMI").
WMI is the parent company of over 200 subsidiaries across the country and, while it
is unlikely, may currently be named in routine claims and litigation involving
property damage, personal injury, employment, operational issues and other
miscellaneous matters ("Claims"), together \\1th its local subsidiaries. None of these
claims is matenal to WMI's financial stability and , with few exceptions, none of the
cases are out of the nonnaI coUrse of business for a company of its size in the
environmental services business. '
In addition, these lawsuits typically do not directly involve WMI (because WMlis
not an operating company), and have absolutely nothing to do With the local
management ofWMAC. .
Therefore, in response to 5), the following represent pending actions filed against
WMI in relation to its WMAC operations. See 1) below.
The following represents significant pending actions filed against WMAC:
1.' Leonard G. Vinci. an individual v. WMJ AND WMAC. No. 957805,
Superior Court, County of San Francisco
Plaintiff filed complaint for monetary damages alleging violations of the CA
Cartwright Act, violations of the CA Cartwright Act, violations, of the CA
Unfair Practices Act, unlawful tennination and intentional infliction of.
Proposal
, @ Livennore Dublin Disposal
- 27-
emotional distress in January 1994. Plaintiff is requesting recovery of
actual damages for at least $12,000,000 trebled as required by law to
$36,000, cost of suit and for punitive damages. WMAC is vigorously
defending its position with regard to this matter; Plaintiff filed a Notice of
Appeal from the order dismissing his State action; a Hearing to Dismiss is
scheduled for December 2, 1994.
? Bonilla v. WMAC. United States District CoUrt, Northern District
of California, Action No. 75-0060 CAL
This action involves a consent decree entered into to settle an employment
discrimination class action suit alleging discrimination on the basis of race
. and national origin. On December 31, 1993, \\!MAC filed an application
to dissolve the consent decree which was granted in early 1994. After the
. court set a cut-off date, approximately 30 claims \vere filed for nominal (no
more than $10,000) amounts. of money. Approxiinately 15 matter that
were still in the' "pipeline" still need to be resolved. All are scheduled to
be mediated by the end of the year.
. 3. Carlos A:.Rivera v, \VMAC. U.S. District Court of Northern
California No. C941501 TEH, San Francisco County Superior Court Case
No. 962834
This case is a Bonilla Consent Decree complainant who also filed a
lawsuit. Settlement negotiations are underway.
4. Zephoria" Smith vs. WMAC, U.S. District Court of Northern
California No. C941254 VRW
Another Bonilla Consent Decree' complainant who .also filed a lawsuit, the
Plaintiff is representing herself and has so far been Unable to convinc'e the
court that her case has merit. WMAC earlier prevailed on a motion to
dismiss; however, the court gave Plaintiff a second, chance to state a 'claim
against WMAC. WMAC plans to renew its motion to dismiss. Plaintiff
has so far been Wlwilling to settle for anything less th~ half a million'
dollars;' WMAC has rejected, these demands.
5. Louis C. Appling. Sr. and Eleanor Appling. d/b/a Appling & Son.
Superior Court of California - COWlty of Alameda, No. 736354-6
Plaintiff is a minority subcontractor providing services in connection '0th
the WMAC recycling agreement. Plaintiff is alleging fraud and breach of
'contract. Discovery and a Motion for Arbitration Order is pending. ,
@ Livermore Dublin Disposal
Proposal
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vi) FINANCIAL INFORl\1ATION
. WMX Teclmologies, Inc. reported $9.1 billion in revenues in 1993. Total assets
for 1993 were $16.3 billion. In 1993, of total corponite revenues, Waste
. Management, Inc. accounted for approximately 50.9 percent, Chemical Waste
Management accounted for approximately 7.3 percent, Rust International, Inc.
accounted for approximately 16.1 percent, Waste Management mternational pIc
accounted for approximately 14.8 percent and Wheelabrator accounted for
approximately 11.8 percent. .
For the latest 3 months, ending September 30, 1994~ the Company reported
$2,603,110,000 in revenues and $212,885,,000 in net income. AnnUal Repo~s,
quarterly statements and other financial and informational documents are available
upon request.
As a publicly owned and trad~d corporation, WMX is subject to report and
prepare all fmancial information in accordance with Securities and Exchange
Commission requirements. \\'1\1X has approximately 73,000 shareholders of
record and an estimated 285,000 "street name" holders whose shares are traded on
. international stock exchanges. \\'1\1X shares are traded on the New York,
Toronto, London" To1.)'o, Australian, Zurich, Geneva, Basel, Frankfurt and
Midwest stock exchanges.
\\'11X's fmancial strength and security is appraised highly among major rating
companies. The Company is rated A-I by Moody's Investors Service and AA by
the Standard & Poor's Corporation. Over the years the Company has set aside
considerable reserve funds for future and potential liabilities.
WMX has the financial strength and expertise to perform to proposed contract
specific"ation. It is the Company's belief that the fmancial capabilities and
doclUIlents filed with the government provide verification that \\Taste
Management; Inc. has sufficient working capital, or access to sufficient working'
capital, to finance and perform the required work.
Credit Information
Waste Management Incorporated is a subsidiary ofWMX Teclmologies, Inc. of Oak
Brook, Illinois 6052 L
WMX is the ,world's leading environmental services' company. The Company's principal
subsidiaries operate throughout the U.S., Canada, Mexico and 20 countries overseas.
~Iease also see the WMX Technologies Annual Report in the Appendices.
Prof?osal
@ Livermore Dubli~ Disposal
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vii) KEY PERSONNEL
A brief description of each' of the key positions in'the Livennore Dubiin Disposal, a Division
of Waste Management of Alameda County. .
The Division President has the overall responsibility of the division and has ultimate
,responsibility to the City for administration of the City of Dublin contract. The
Division President'v.rill delegate certain responsibilities of this daily administration,
as deemed necessary, to I11:ore effectively comply with all requirements. ,
The Vice President/Controller is responsible for all accountin'g aspects of the
company and internal systems and proce~ures. Reporting of all data, service rates
increases, customer billing and receivables are the Controller's responsibilities under
the administration of the contract;
, The Maintenance Manager plays ~other key role in the overall succ~ss of our
operating divisions. It is through their efforts that millions of dollars in capital
equipment is maintained in excellent operating condition. The Maintenance
Manager's involvement v.ith the daily operations of the division is the cornerstone of
our commitment to customer service that pennits everything else to happen. His
detailed attention to every component, from the truck engine to the rear mounted
back-up video c'amera, greatly impacts the success of our companies in fulfilling the
requirements of :the contract.
The Route Supervisor is in the field ona daily basis, working v.rith all drivers
through personal and radio contact.. In order to ensure the safety of the public, drivers
and equipment, the Route Supervisor is well trained in the detailed requirements .of
the contract and to carry out these contractual obligations in a professional manner.
The Route Supervisor facilitates on-time service to customers and maintenance of
customer relations.
The Division Compliance/Safety Coordinator is responsible for compliance with
all federal and state laws along with company environmental policies. The
Coordinator ensures that all employees are trained properly and that all aspects of the
operations are safe and comply with all applicable laws and company polici,es.
The Office Manager has the responsibility for all customer service representatives
and customer inquiries regarding billing, and is responsible for seeing that all issues,
are resolved to the customer's satisfaction.
On the following page please find resumes for individuals who will directly support the
operations of Livennore Dublin Disposal in the provision of services for this proposal.
@ Liv~nnore Dublin Disposal
Proposal. .
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Dan ~orges
Division President and General Manager
Livermore Dublin Disposal
Mr. Borges' years of experience in the waste management business number more than' 24.
Mr. Borges began his waste management career in November of 1968, working part-time
at Concord Disposal Service, California, while attending St. Mary's College High Sct'tool
~nd later St. Mary's College of California. Upon graduation from St. Mary's College with
a Bachelors of Science Degree in Economics and Business Administration, he accepted
a full time position at Concord Disposal Service. '
In July, 1973, Mr. Borges accepted a posi~ion at Valley Disposal Service in Walnut Creek,
California.
Mr. Borges began his career with Waste Management of Sacramento in 1979 and was
named General Manager on Janu'ary 1, 1988. During that period, Mr. Borges managed
a Mat~rial Recovery Facility and also spent four months' as Assistant General Manager
working on the start-up of th~_ City of San Jos~, California, contract.
In December, 1990, Mr., Borges transferred to Livermore Dublin Disposal, a Waste
Management Company, as Division President and General Manager.
Mr. Borges was given Waste Management's East Bay Disposal divi,sion, along with
Livermore Dublin Disposal, October 1994. Mr. Borges was responsible for the
implementation of a new franchise agreement with the City of Livermore, which included
. .
the start-up of a commercial recycling program and residential yard waste program. As
well, under the old agreement. an improved residential curbside recycling and multi-family
program were implemented.
@ Livennore Dublin Disposal
Proposal
Cynthi~ K. Davis
Division Vice President and Controller
East Bay Disposal
Ms. Davis currently serves as the Division Vice President and Controller for East Bay
Disposal and Livermore Dublin Disposal, divisions of Waste Management of Alameda
County. Her r'esponsibi.lities inclu'de ov'ersight of the firiancial reporting. .
Ms. Davis has been employed with Waste Management since 1986 when hired as a
staff ac'cou~tant in Walnut Creek, CA. This position ,expanded to include various
project ,accounting responsibjlities within Contra Costa County. In September, 1993
she was promoted to Division Vice President and Controller for Valley Waste
Management in Walnut Creek, Ca. In November 1993, she was transferred to the Tri-
Cities Recycling & Disposal Facility in Fremont, CA and the Kirby -Canyon Landfill in
. Morgan Hill, CA. Most recently, she assumed the responsibilities for East Bay
Disposal and Livermore Dublin Disposal. Experience in various solid waste, contracts
has been acquired in each of the positions held.
Ms. Davis graduated from Golden Gate University at San Francisco in 1993 with a
Bachelor of Arts in Accounting.
@ Livennore Dublin Disposal
Proposal
Bill Anness
Maintenance Manager
Livermore Dublin Disposal
Mr. Anness began his career with Waste Management in June, 1988 as a Mechanic
at Waste Management of Santa Clara County. In' 1989, Mr. Anness was promoted
to Maintenance Sup~rvisor. In this positJon he supervised 17 maint~nance employees.
fn 1990, Mr. Anness was promoted and transferred to Waste Management of Alameda
County-Davis Street Tran~~er Station in San Leandro as the Transportation Supervisor
responsible for 27 drivers and operators at the site. .
Mr. Anness has held his current position of Maintenance Manager for both East Bay
Disposal and Livermore Dublin Disposal since 1991.
@ Livennore Du~lin Disposal
F?roposal
Lawrence J. Moglia
. Division Compliance/Safety Coordinator.
Livermore Dublin Disposal
Mr. Moglia began working with Oakland Scavenger Company as a helper in 1979, and
worked his way up through a variety oJ positions to become an ,Assistant Manager in
1984. He then was promoted to a position of apera~ions Supervisor at Livermore
Dublin Disposal in 1987, where he currently has ,responsibility as Compliance and,
Safety Coordinator. ' '
Mr. Mog'lia is also a ,current member of the ~merican Society of Safety Engineers and
has had, extensive training in the of Compliance and Safety. A partial listing of
includes: .
Sexual Harassment *
Diversity *
Employee Right- To-Know *
Community Right. To-Know *:'
Surface Water and Sewer Use *
D.O. T. Training *
Train- The- Trainer *
. Bloodborne Pathogens *
Storm Water Pollution- Prevention
Hazardous Material,
First Responder*
New S~orm Water Progr~m
Environmental 'Audits
Compliance Coordinator
WMX Compliance
Special Waste
Regu~atory Awareness
a.S.H.A., Safety and Health
Hazardous Waste 29 CFR 1920.120
Hazardous Material Title 22
Workers Compensation
Workers Comp/lnjury Prevention
Transporting Hazardo~s Material
@ Livermore Dublin Disposal
Proposal
Mecia B. Padilla
Office Manager
Livermore Dublin Disposal
Ms. Padilla has served as Office Manager of Livermore Dublin Disposal since August
of 1993, where she manages a staff of seven employees. She is responsible for
Customer Service programs as well as accounts receivable for this office.
Prior to her current position, Ms. Padilla was Office Manager at Waste Management
of Alameda County-Central Division office in Hayward, and h~d 22 clerical staff
'reporting to her. She worked closely with computer systems in this capacity, and was
. .
in charge of the Divisions reporting requirements. Ms. Padilla served in this position
since 1/1 /90, and was responsible for all administrative aspects of in:plementing -,the
CurbCycle recycling program for the City of Hayward.
Ms. Padilla has also worked with Waste Management in a number of other positions.
As Administrative Assistant to Dave MacDonald, who was then Vice
President/Controller for the Bay Area. In this capacity, she was responsible for general
support to management, as .well as many special projects. She also has served a~
Assistant Supervisor and Residential Customer Service Representative, with a total of
14 years of experience.
@ Livermore ~ublin Disposal
Proposal '
- 31-
b.
" "
Technical Propos,al'
".
if
, .
Refuse Collection, Transport and Disposal
LDD ,is pleased to offer a state of the art collection system to the City of Dublin. For
backyard refuse collection service, weare using rear load' collection vehicles which provide
the b~st available option for backyard 'service. For automated refuse collection service, we '
intend to use a state-of.the-art one paSs collection vehi~le, which can collect both refuse and - '
green waste from the ,curb in a single stop. This two compartment 'vehicle eliminates the
necessity of having a second set of collection vehicles for green'waSte., - .
a) , Backyard Manual Residenti.al Refuse CoIIect~on, Option A. .
Opti,on A will be provided using :2 routes, I with three persons, the other with two persons
and a third person 2 days per week. Each person will work 8 hours per day. '
LDD will be using the following equipment to serVice re~identialroutes under Option
A:
Unit # ' Age Make Tvoe'
620 '86, WhiteIDMPST REL
621 ~86 White/DMPST REV
363 '78 Whlte/DMPST REL (Spare)
Note: We will replace two oftbes'e units after five years. _
-, Location for equipment and personnel staging:
. "
All equipment and perso~el staging will occur at the Livennore Dublin Disposal
coi'poration"yard and maintenance faciiity, loc'ated at 617S Soutb Front Road,
, ' ,
Livermore.
, - Office location:,
The offic~ location for management and franchise administration operat~ons is; 6175-
South Front Road, Livermore. '
This optIon will require between 500 and 600 ,stops per day.
, @ Livennore Dublin Disposal, _
Proposal'
"32 -
b) Automated Residential Refuse Collection, Option B.
Weekly collection of green waste will be perfonned along with solid waste collection if the
City chooses Option B for residential solid waste collection. ,The cOmbined collection of
these two materials would require 2.6 routes, with driv~rs working 10 hours per day; This',
option will require between 40q to 450 stops per day, with 800 to 900 containers being
serviced. . "
(If the City chooses bz'-weekIy collection of green ~aste in conjunction with solid waste
collection, the combined collection of these two mat~riaIs would require 2.2 routes with
- drivers working 10 hours per d~y. This option will require betwe~n 475 to 550 stops per day,
,with 950 to 1100 containers being serviced.) ,
LDD will provide backyard services for customers who are unable to bring their refuse to the
curb. It has been our experience _ in operating the existing 'curbside recycling program that
very few custoniersrequire this service. Our experience leads us to believe that there are no
impediments to serving all. area of Dublin with a single-pass fully automated vehicle.
LDD will be using the following equipment to service residential routes under Option
B:
Three "Single Pass" FEL vehicles-capable of servicing residential refuse containers and
, ,
green waste containers simultaneously. These vehicles will be 1996 White chassis with Heil
bodies.
- Location for equipment and personnel staging:
All equipment and 'personnel staging will occur at the Livennore Dublin
Disposal corporation yard and maintenance facility, located at 6175 Sou,th
Front Road, Livermort~.
- Office location:
The office location for management and franchise administration operations,
- is; 6175 South Front Road, Livermore. '
- Containers
Livermore Dublin Disposal will,provide high quality Cascade or other brand
- wheeled containers in 35,64 and 96 &allon sizes to al.l residential customers.
Proposal
@ Livennore Dublin Disposal
",
" 33 -
c) Other Refuse Services
Bulky Goods Collection"
The following is a description <;:>f Livermore Dublin Disposal's" plan
for the collection. processing. reuse, marketing and residue
dispo~al of bulky goods.
Our past experience in the City of Dublin indicates that we' wlll be
. able to provide this important service with existing equipment and
personnel. Bulky goods will be collected year round, on an "on-
call" basis. For the "on-yall" program, LDD will implement a
procedure whereby customers with items to be discarded simply
call our Customer Service Department. The customer will then be
infornwd of the scheduled date and fees for the collection of the
items. We anticipate being able to fulfill all requests within 5
working days of the request for pick-up. Bulky goods collected
through the "on-call" program 'will be processed in the manner
described below.
A wide range of materials, will be diverted and reused or marketed
as a result of our cooperative agreement with the Appliance
Recycling Centers of America (ARCA). We are also 'working
closely with the disassembly project recently funded by the '
Alameda County' Waste Management Authority which is
researching the feasibility of bre~ing down bulky items such a:s
couches.
Public Education for the Bulky Goods program will be provided on
, "
an on-going basis through billing inserts.
ProcessinglDismantl,in~ of Major Household Appliances
Fit S t
There is 110 -substitute for
courtesy 011 th" r~ad!
- -
Waste Manage:
ment takes real pride
in the safety record of.
our drivers.
Through exten-, '
sive training programs
and state-of-the-art
safety equipment like
" back-up cameras, our
record is one of the
bes{ in the solid waste
industry today. In fact.
our company's
incident rate as
calcula.ted by OSHA is
more than 60% lower
than the industry
average!
Waste Management of Alameda County is working with Appliance
'Recycling Centers of America (ARC A) to operate- the state-of-the-
art facility located in Oakland. ProcessIng services include the
removal of environmentally harmful components (e:g., CFC's,
capacitors and ballasts containing PCB's, .compressor oils, etc.)
from household appliances such as refrigerators, freezers. and air
conditioners: Processed appliances are delivered to a local scrap metal recycleL
@ Liv.ermore Dublin Disposal
-Regular mailltenance is a .
critical part of our safety
program,
Proposal
.34.
One of the primary benefits of this opetation is energy savings produced from the removal of
old, le'ss .energy ~fficient applian,ces from service. Residents are able to conveniently discard
their appliances through our proposed collection and processing system and in turn put into'
use a new energy-efficientappliaIwe. Our services also facilitate any appliance buy-back
prograIn implemented by' electric utilities. ' ,
Disassembly Operation
Davis Street Station for Material Recycling and Transfer is supporting a prpject for.
disassembly of oversized, bulky goods such as mattresses and couches. This project is
funded by the Alame~a County Waste,Mana~~ment Authority.
Reuse and Salva&e Center
Bulky goods not recovered for re~ycling through ~ither the household appliance program or
disassembly operation would be.subjectto reuse and salvage efforts. Waste Management,of
Alameda County is considering the hiring of a reuse manager to develop reuse center(s) for
recovery of reusable bulky goods.
It is envisioned that reuse efforts would include thorough examination of materi~ils collected
through our bulky good curbside pick-up service. . Reusables would be segregated out from
non-reusables and the materials inventoried and offered for sale or,trade in a retail setting.
Non-reusable but recyclable bulky go,?ds will also be recovered., A ~eparate tipping area for
bulky goods Will be constructed at Davis Street. Recyclable items such as scrap metal will
be recovered and later delivered to a recycling facility. We believe implementation of this
. integrated bulky good recovery system is consistent with California's waste management
hierarchy of maximizing reduce, reuse, and recycling of materials. . Our proposed system 'wi~l
minimize the disposal of bulky goods'generated in Dublin.
Annual C.ean:"Ups .
LDD currently has in pl~ce the. necessary equipment to provide up to four annual clean-ups
to the City of Dublin. This.s'ervice is provided with a combination of rear loaders, front
loaders, and side loaders. If any additional, equipment is required, it is readily available
within Waste Management of Alameda County on short notice.. This service 'Vill be
provided as it is under the current provisions.
Please.note that we. intend to keep the "Handy Hauler "program fully in place as currently
provided to. the City of Dublin.
.' 'Proposal
@ qv!:'n'nore Dublin Disposal
- 35-
. ' Commercial and Multi-family refuse collection (bin service)
All equipment for providing this 'service is currently in place, and,would continue without
any disruption to Dublin customers Under this proposal.
Industrial, commercial, and residential debris box service
All equipment for providing this service is currently in place, and would continue without
any disruption to Dublin customers under this proposal. '
Service to C~ty facilities
. All equipment for providing this service is ctirrently in place, and would continue without
any disruption to City facilities under th~s proposal.
d) Refuse Transport or Transfer
All refuse collected within the Gity of Dublin will be hauled directly to the Aitamont
Landfill.
e) Refuse Disposal'
Refuse disposal under this proposa!will continue at the AI~amont Landfill and Resource
Recovery Facility as under the current contract.
Below please find a brief description of the .Aitamont facility, "
Northern California's newest, safest, closest ClassII landfill is nestled in the hills east of
Livermore in the midst of the windmills at AltamQnt Pass. Situated on 2,170 acres, the,
Altamont ,Landfill and. Resource Recovery Facility is close to major transportation arteries,'
while safely away.from population centers. Altamont's 230-acre fili area first opened in 1980
with a capacity of approxi'mately 58.9 million cubic yards;
In July of 1994, the Altamont Landfill was granted a permit to operate a Class II disposal
facility. Class iI and industrial special 'wastes can be accepted; in a new cell.1ined with a layer
ofre-compacted clay, high density pplyethylene (HDPEYplastic, and a geosynthetic material'
meeting or exceeding local, state, and' federal requirements. '
Additional sta~e-of-the-~ environinental protection measures include: groundwater arid gas
monitoring equipment, leachate collection systems, a wastewater treatment plant, and a gas-
to-electricity plant.
@ Livennor~ Dublin Disposal
proposal
Planning for the Future
- 36-
The Altamont LaIidfill demonstrates the success which can be achieved when the 'private
sector works qooperatively with local governments to ensure that the needs of business '
and residents are well serVed. . ,
Despite the major growth experienced' in Northern California over the past twenty years,
residents in our service area have benefited from very'low rates for secure disposal.
The opening of the Class, II cell is important in severa,l ways. It demonstrates a vote of
,confideq.ce in the continued"
, strength of Bay Area businesses, a
'continued commitment . to
residents, and a 'model for
environmental protection.
Environmental Excellence
.- The ,Altamont Landfill and
Resource Recovery Facility is one
of 134' 'solid waste 'landfills
operated py Waste Management in
North, America. WMX
Teclmologies has recently invested
in a new wastewater treatment'
plant, a Class U Special Waste
cell, and all expansion plan ~hich
will provide' capacity for a
. minimuin of 50 years.
Altamont Landfill and Resource
Recovery Facilityis one of only a
few . facilities with. a state-
approved post-closure plan. .With
these extensive environmental
'protection measures in place; no
other company can match the
security which the Altamont
Landfill provides.
Control of Gas and Liquids
As municipal solid waste, in the
landfill decomposes, methane gaS
is naturally produced. Rather than
allow the gas to be released to the
atmosphere, engineers at Altamont
Proposal
Protecting Human Health,
and the Environment
Waste Management landfills meet ar exceed stringent federal and state
regulatians,' ,
Waste Management has an unparalleled track record with
the folks who really know environmental regulation: the
environmental regUlators themselves! Here's what
regulators from across California who oversee Waste
, Management operations are saying:
"(Waste Management) has been superb in dealing'
with the county and meeting all legal requiiements"-
Art Detmar. LEA. Alameda County, ,
"Waste Management's compliance with District
Regulations has been exdellent"-James R. Guthrie,
Diractorof F;nfcircement, Bay Area Air.Quality
Management District. , '
"WMC has continued to be cooperative and sensit{ve
to the County's environmental
/regulatory requirements, as
well as those of other loc,al and .
state agencies, On the few
occasions when a violation has
occurred, Waste Management
has been very responsive in
rectifying the problems in a
timely manner.." Keith tumer.
Director, Ventura County
Planning Division,
.
.
.
Environmental technician
,checks a ~ample afliquid
captured by thefacilily liner, '
@ Livennore Dublin Disposal.
- 37"
have designed a high efficiency collection system to capture this gas. Then, it is piped to a
. gas recovery plant that generates enough electricity to supply up to 6;000 homes. This
· power is provided to 'pG&E. .
A comprehensive system of pipes under the <:::lass II area
collects leachate and transports it to our onsite wastewater
. treatment plant., This modem facilityprovide~ ample
capacity to treat all site liquids.
Biological technology, rather than chemical treatment, is
used' to provide safe and effective treatment of waste
waters. The recl~med water is reuse,d on site for landscape
irrigation and dus~ control.
State-of-the-art Liner
The Altamont Class II Subtitle D liner includes an
advanced composite liner and leachate collection system.
This cell liner provides state-of-the-art environmental
protection.
Confidence
For fifteen years, the environmental' engineers at Altamont
have been working with public officials from Bay' Area
courities and the 'State of California to provide an
environmentally soun~ disposal option for all of us who
live iIi Northern California. With the new Class II liner in
pla~e, we are confident that we can provide such an option
to the City of Dublin: ,
iI) Recycling, Collection, Processing and Marketing,
a)
Weekly Residential Collection
Collection Methodology (Option A)
Recycling collection Will take place using the three,
existing contractor provided 11 gall~:m containers. ,
One container is used for' clear glass, one for
colored glass,and one for tin, aluminum arid PET;
Newspapet: and mixed paper are bagged and placed
. adjacent to the bins', and cardboar~ bundled and set
@ Livennore Dublin DiliPosal
Experienced
. Recyclers'
A modem curbside collection inlck
winds its way through a neighborhood.
Waste Management is the largest
and most experienced collector of
municipal recrc/ables in the world
today, This' scale of operation is
helpful to cities that worlt with our
- firm in many ways: ,
. Our ability to market collected
materials ensures that
. recyclables always find the
best markets in the world and
ate never needles~/y wasted.
. Our experience in providing
collection to many other
communities (over 600
American cities) means that
we know how to provide' cost
, effective service, '
. Our state of the art collection
vehicles allow'us to "cO-COllect'
~olid waste and mcyc/ables,
which means that your ,
community doesn't need to
have a second set of trucks to
add recycling service.
Above, bales ofp/astic await
shipment to a manufacturingfaciliJy,
Proposal
- 38-
adjacent to the bins, and cardboard bundled and set alongside in sections no IOl!ger than 2
feet on any 'side.
Option A will be provided using 1 route, with one driver. The driver will work 9 hoUrs
. perday. ~is option will serv~ce between 1000 and 1100 drive:'bys per day with a set out
rate of 60%.
Equipment to be utilized: ..
, ' ,
,For weekly collection ofrecyclable materials under Option A, the equipment
requirements are as follows: . .
Curbside Recycling (Option A):
Unit #
1035
413
~
'90
. '80.
Collection Methodology (Option B)
Make
White/ ADVDS
White/N orcal
~
Recycle
Recycle
(Spare)
Recycling collection will take place using the same technique as described above,
in Option A, witl;1 the exception that all narrow necked plastics will also be
accepted with the PET plastics for collection. ' ,
()ption B will be provided using I route, with one drive. The driver will work,} 0
hours per day. This option will require between 1000 and 1100 drivebys per day
with'a set out rate of.70%.
Equipment to be utilized:'
For w~ekly collection of recyclable materials under Option B, the equipment
requirements are as follows:
Curbside Recyclin~ (Option B):
, Unit #
1035.
413
Age
'90
'80
Proposal
Make
White/ ADVDS
White/Norcal
~
Recycle
Recycle
(Spare)
'@ Livermore DublinDisp~sill
- 39.
b)' Multi-Family Recycling
Option A and Option B Will be provided using A routes, with one driver. These
collection options will use the existing 96 gallon cm:ts which are conveniently
located adjacent to the refuse container.. The driver will work 9 hours per day.
LDD will be using the following equipment to service Multi Family
dwellings:
Unit #
407
Age
'79
Make
White/Able
Tvpe,
Recycle
, This truck, which is shared ~ith the City of Livermore, will need to be replaced in '
five years.
c) Commercial Recycling
Commercial recycling Will be provided ~sing .6 routes, with one driver. The driver will
work 9 hours per day.
LDD will be using one of the Front End Loaders listed under the Commercial Re'fuse
section onhis proposal to service Commercial.businesses in Dublin:
Waste Management of Alameda County will be offering a comprehensive recycling ,
option available to all commercial and industrial customers in the City of Dublin. Source
separated materials to, be included in this p,rogram are:'
LDD willlitilize a variety of container types to. service commercial recycling collection.
These containers include wheeled carts, front loader bins and drop boxes. We also
. perf ann waste audits to ensure that each customer has the appropriately sized container to
meet their generatiop. needs,.space constraints, etc. '
d) Collection from Public Facilities
The existing program of providing office paper collection to Dublin public facilities free
of charge would be continued under the tenns ~f this proposal. Any expanded services. .
available to comrn.ercial recycling accounts will also be available to these public facilities.
iii) Green Waste C~llection, Processing and Marketing
It is estimated that 1,962 tons 9f green waste will be collected and di:verted annually
through the programs outlined below:
@ Livennore Dublin Disposal
ProPCJs~1
"40 -
a) Option A,.Weekly residential coIIection
Each Dublin resident'WiJl be provided with.~ 64 gallon'cart for green waste. If Option A is
selected for residential refuse collection, green waste collection will be performed by use of a
. fully automated truck. Collection will b~ performed in combination wi~h solid waste
collection by means of single pass vehicles if Option B for residential refuse collection is.
selected. '
Collection of green waste will require I route, with one driver working 1 0 ho~s per day if
. Dubljn chooses Option A for residential solid waste collection. This option will require,
between I oob and 1100 drivebys p'er day. We will use~a fully automated I 996.White chassis
with Heil body.
. - . .
- ,
Collection of green waSte will be perfonned along with 'solid waste collection if the City
. chooses Option B for residential solid waste collection. The combiried collection of these
two materials would require 2.6 routes, with drivers working 10 hours per day. This option
will require between 400 to 450 stops per day, with 800 to 900 containers being serviced.
- .
b) . Option B" Bi- Weekly reside_ntial coIIection
- -
Each Dublin resident will be provided with a 96 gallon cart for green waste. Collection will
be performed in combination with solid waste collection by means of single pass vehicles if
Option B for residential refuse collection is selected.
. -
Collection of green waste will be performed along with solid waste collection if the City .
: chooses Option B for-resi4ential solid waste collection. The combined collection of these
two materials would require 2.2 routes, with drivers working 10 hours per day. This option
will require between 475 and 550 stops per day with between 950 and 1100 containers
actually serviced.
c) Green waste processing and marketing
WMAC has been diverting several thousand tons of green waste each month for several
. years now, and has developed a menu of options for diversion which fully meets all AB 939
criteria, and which provides for environmentally responsible diversion of this important part'
of the waste stream.' What follows is adescription of the greeri waste diversion program that
Dublin will.be able to m8ke use oJ.
Our facilities are not dependent on expensive and high'maintenance equipment such as ,.
grinders, screens, and turners. Instead, operationd are designed to maximize the throughput
of material to be diverted in an efficient and cost effective manner. .
Proposal
@ Liv'ennor~ Dublin Disposal
"41 -,
The acceptable materials for curbside
collection of gr:eenwasteare: '
-leaves
- branches up to 2" in diameter
- clippings and prunings
- grass clippings
,- brush .
. Livermore Dublin Disposal recognizes that,
contamination of the yard waste feedstock,
especially at the beginning of a: new diversion
program is inevitable to, a degree. We ~e
equally aware of the fact that even the smallest
. level of contamination in the final products
that must be marketed from mulching and
compo sting operations renders the product
nearly unusable, and certainly diminishes its
value greatly. We have seen a number of ,
operations which grind~ curbside coiIected
materials and then' attempt to remove
contaminants by screening' later. Other
operations rely entirely on preventing
contamination from entering the collection'
vehicles altogether. This latter approach,
although necessary, is never sufficient to result
in the kind of clean feedstock necessary to
produce valuable products.
Our approach is to ,sort the material prior to
grinding, much as curbside collected
containers ,are sorted prior to ,baling. Waste
Management is currently processing curbside'
,collected yard waste from across Sonoma
County in this manner with terrific' results.
Over 99% of contaminants' are removed, and
the feedstock delivered for composting is
ready for conversion to truly v~luable end
product.
Going Green
A curbside collection truck unloads at'
one our processing/acilities,
Because 'AS 939, demands a
high level of diversion for
materials which usep to be
landnlled. yard waste collection '
and composting programs are
'becoming increasingly important
to cities across California, ,.
Waste Management is proud
to be a leader in the development
of collection and processing
technology. We have also done
extensive work to ensure that
agricultural markets benefit from
the use of this material.
What goes around coines around...::
.... Waste. Management is marketing
compost and mulch produced/rom
- reSidential wood and yard materials,
As alluded to earlier, the kind of processing methodology we ~ll employ at the .
processing facility, which is operated by Weaver Industries, is simple,
straightforward, and dependable. . This approach also provides the utmost in
flexibility to accoqlmodate seasonal changes in yard waste quantities.
@ Live~o.re Dublin Disposal
Proposal
~ 42"
Marketing Policy and Plans
'WMAC's stated objective is to achieve the "highest and best" use for each and every
material that is to be diverted from the waste stream during the implementation of '
AB 939. At the same time, we feel it would be irresponsible for our firm, as a major
., provider of services needed to implement AB 939, to not fully acknowledge thecost.
impacts of each diversion choice. .
"
. Our approach to marketing the organic fraction of tp.e waste stream is therefore
highly pragmatic and results oriented.' Our staff has extensive experience in '
marketing soil amendments, composts, mulches and topsoils to the "high end"
marketssuch'as horticulturalists, landscape architects, and botanical gardens. But the
. ability to move hu-ge volumes of these diverted organics consistently despite market
vagaries de~ands that agricultural markets be fully integrated into the ovenill
diversion picture. .'
- ,
Perhaps just .as important, from the policy perspective, is the need to replenish
agricultural soils with organic matter. Current agricultural practice relies far too
heavily on addition of petrochemical based fertilizers, which do not improve soil
structure, water holding ability, or tilth. Instead, these fertilizers replace the macro
, nutrients consumed by crops during thei,r growth cycles. In doing so, however,
nitrate runoff and salt build up often result. In addition, such modem farming
'practices also require'the addition of large quantities of pesticides and herbicides
because the healtH of the soil and of the beneficial insect and microbe populations are
diminished. . . .
, . . .
One result, then, of a organic waste recycling program such as the one the City of
Dublin is embarking on, can be a profound regeneration of the very agricultural areas
from which the residents of the City get their produce and 'other farm crops. This
kind of rela~ed ~enefit is a critical element of wise resource management, and to
Livermore Dublin Disposal, represents the essence of"cIosed loop" recycling..
One final note on our marketing policy. We are particularly excited about the
potential.for educating the public about the benefits of recycling repr~sented by
organic waste diversion. Beca1;lse organics can be diverted from the waste stream, ' .
converted to mulch or compost, and marketed locally, residents of the City of Dublin
can directly see the result of their recycling efforts. U niike glass, paper or metal
recycling, which requites an industrial process to remanufacture the collected . ,
recyclables into finished products (often at ,a great distance, even overseas), organics
caD. be used locally. As an integral part of our approach, we int~nd to make all
'products produced. from the City ofD,ublin's organic waste. available to both the
residents of:the City and to the City itself for use in park or recreation areas, street
Propo!,al
, @ Livermore Dublin Disposal
"43 ~
improveJ)lent projects, or other public areas. Becaus~ of the low cost and efficiency
of the method we are proposing, any products the City would wish to use or make
available to its residents will be reasonably priced. Any pro.ducts the City does not'
need to avail itself of will have secure markets in agricultural areas which greatly
. desire them~ and which will in fact make "~ighest aild best" use of them;
Identification of specific markets
, . '
As described in our statement on Marketi'ng Policy, it is our feeling that urban and
retail markets for products made from yard waste will. become extremely.
oversupplied in the short to mediuIi1 term. It is therefore our objective to establish
mutually beneficial relationships with the agricultural community which can make
the best use of this material in a dependable way.
The types of specific markets our end markets have unique access to include:
- Almond orchards during the three years following clearing.
- Walnut orchards during the three years following clearing.
- All other "stone fruit" orchards during the first three years
following ,cleari~g.
Other markets we will be approaching and establishing relationships with include:
- All agricultural markets, including;
- Vineyards
:. Barley
- Vegetable crops
,To the extent that materials will be backhauled to the LDD yard, this will be done at
the request of the City for use in specific projects or areas, or in order to meet
demand from residents and businesses that wish to have these materials made
available. Because our approach takes into account the ability to effectively move the
diverted organics directly to agricultural areas, it does not involve the kind of
expensive, labor intensive, and time'consurriing marketing involved' in e'stablishing a
place and reputation for soil products in the retail marketplace. As we have stated
above, reliance on the urban retail marketplace to a?sorb the volume of organic
materials that will be diverted from the Bay Area waste stream during the next ~ew
years is a recipe for failure. .
d) Christmas tree collection'
LDD intends to make Christmas tree collection an integral part of the residential green waste
collection program.
@ Livermore Dublin Disposal
. Proposal
, .
"44 -
e) Multi family green waste collection ,
Our proposal to proyide gre~n 'waste collection to inulti family complexes is described
below. We will provide the necessary containers to be placed iIi central locations for
residents -to discard th~ir greenwaste. The containers used would be carts orFEL contIDners
depending on space and actual.volume produced at each complex. ,We will 'work with the
mana&enient of the complex to design a system which will be user friendly, which at the
, same time will provide ~fficient collection of the materials. Please recognize that most
complexe,s have outside contractors performing their gardening services. As a re~ult we
assume that these complexes may not have use for the greenwaste service. It is important
that we deal with each complex based on their needs and available space.
t) Service to City facilities
Green waste collection 'service will be provided to City facilities on the same basis as service
provided to multi-family coml?lexes.
v) IMPLEMENTATION PLAN
a) Timeline for project implementation
Because oftl,1e fact that LDD is currently providing service to the City of Dublin,
implementing service under the temis of this RFP would require only three main changes to
the existing service. These are: . . ,
Increased recycling, in the provision of additional paper and plastics 'collection
Distribution of green waste collection containers and the inception of green waste.
collection service, and; .
, '
The inception of fully automated collection, should the City of Dublin choose this option
, , for residential refuse collection.
Because we have implemented nearly identical 'service modifications in both Livermore and
Union City in recent months, the ability ofiDD to provide these improvements to the City
of Dublin is well in place. . ,
b) Assumptions for City staff participation
WMAC is proposing that the City staff and Livermore Dublin Disposal meet regularly to' '
implement the service additions requested in this RFP so that we clearly address all pertinent
goals, objectives, research, messages, communications tools, evaluation, budgets and '
schedul~s. We believe that these regularly scheduled meetings will provide the basis for
Proposal
@ Livennore Dublin Dis'posal . '
Below please find timelines,for project implementation as described in detail on page 44.
-~ - ~
Implementation Sch~d:ule: . "
Resi'denti~1 Refuse, Recycling and Greeitwast.e
May 1, 1995 Contract Signed
June 1, 1995 Order t:tew trucks and carts .
,~
j[,
;l;
January 1, 1996 Develop promotional materials ~
~
- \fi
, February 26, 1996 Mail "How to" brochure 'li
~
.. '"
March 1, 1996 Driver training begins ~
I'i
, March 18, 1996 Deliver carts '~
~
'---
- I
April I, 1996 Insert in billing
~
April 1, 1996 New service starts ~
; , ~-- , , . y~~ . . ;'>lOW " ""
i
Implementation Schedule: f+,
~
~
Commercial'Recycling ~
.~
~i
11
,
-
Contract Signed ,
May 1, 1995
January 1, through March 31, 1996 Contact ,all Commercial customers ,\\
;
F ebt:Uary 1, through March 31, 1996 Order containers for commercial recycling -,
March 1, 1996 Driver Training
,
April 1, 1996 New service starts
"45 "
quick and effective feedback on performance of the various tasks which together make up
the comprehensive serviCes required.
.
Clearly, the increased focus on public education and communjty involvement wilt affect ,
, the participation rate ~or maximizing the diversion6~ solid waste from the landfilL '
c) Transition team
Please see the' organization chart attached to this proposal.
d) Customer inquiries ,
Plea~e see the section of this proposal on custom~r
servIce.
e) Announcements and publicitY
Public In/ormation and Outreach
The following is a description of the type of
comprehensive public outreach and education efforts
Waste Management has developed in conjun,ction
with municipalities which are implementing new
services or programs. We would be pleased to make
any of the individual program elements listed below
available to the City of Dublin in order to make the
programs requested the RFP as successful as they,
can be. .'
Introduction:
Implementing an effective trash collection,
recycling, reuse, and green waste collection
communications program requires establishing a
knowledge base for those involved in the project,
including developing inventories of existing local
communications tools, researching demographics
. and geographical issues, understanding residents'
perceptions of the new program, and determining
potential roadblocks that could hinder a successful
kick-off anq subsequent high participation 'levels.
This public information arid community outreach
plan addresses each of these issues and represents a
thorough, broad-based process to guarantee a smooth
transition and,high participation levels.
@ Livennore DublinDisposal
Spreading the Word
V."'f;I~~:t::~:..~~,~~.;,~.~.?~~":' -. ,.
- ,_ ---coO ,..",..- .
.. '. '-.' "'J ,',: """";::~' ~ ' . , .
- - '
- -
Informed kids create an informed community,
Above. a Waste Management educator leads a,
class discussion on recycling:
We realize that public
education and outreach are critical
components of a successful
collection program, Because of '
this, we offer a wide range of
education and outreach programs
from school curriculum
development to participation in
community events to colorful
, mailers, Below you can see Cycler, .
our recycling robot, hard at work in
bringing the
environmental
, message to
4th graders.
Cycler even
speaks
, Spanish!
. -1'. fI!/A.... /.y ~ ' .
.......-: ......... fI,.' r ,......
.:,..(,~l"""o
, . ' I lA
.~:.< . ~. ,,: ~ J
. _. -~ ~.".... -, -
~ -..tr' ~ ".. r '"
, ': .;.: 10, ~:'..'", I:
~,: r<:-': l' j':'.~ ~
... .. ' . ~~
',' ... . ." .. iI.o.._
q;;'" !~-
yG.~,. -.,
~-.. ~~' ,,'
Kids enjoying a
"Cycler" school
- presentation.
Proposal
"46 -
Resear:ch and Planning
Understanding the views of customers about their willingness to participate in this program
has proven invaluable in determining appropriate messages and communications to,ols. TIll.~
changes which AB 939 has introduce~to solid waste collection programs across California
represent a tremendous opportunity to keep future collection costs down and reduce the solid '
waste stream~These changes, however, also require modifications to the way customers deal
with their trash. Our,challenge is to make sure that all customers are familiar with the new
equipment, any new ,recycling, options, arid the reasons for making, these enhancements.
While it is easy to simply list a variety ofcoInmunications tools that will be used, oUr public
education philosophy is to thoroughly research each of the cOnUnunities'we serve, and then
devise an individualized education program.that is truly reflective of our customers' needs.,'
Our public education program' is based on development of key messages, gleaned from our
entire body of knowledge about the new services and the market, which"will be used in a
, variety oftools to kickoff the new service and throughout the life of the contract to ensure
continued high participation and customer satisfaction levels. We have included our
message development findings here in order to demonstrate our intent to provi~e Dublin with
a powerful, effective, and ,highly visible program. .
Messages
Message types can include:
Trash Collection '
, ,
Customers will be asked to make choices about the types of trash containers they will use,
and they will.now be,bringing their containers to the curbside for automated pickup.
Specific messages will include: ' .
-Consumers will have a choice in container type, allowing them to pick the one tha.t fits
their needs and budget
. -
, ' -Automated curbside' coilection will help keep future collection costs down due to
reduced labor requirements
.'Those who are unable to Qring their containers to the curbside due to age 'Of physi~al
disability will still ~e able to 'receive backyard pickup at no additional fee.. .
New Recycling Services
Customers will now be aple to recycle "more waste than ever before, and curbside"collection
, makes it easy to participate, using a minimal number of containers. Key messages include:
. Proposal
@.Livennore Dublin Disposal.
- 47-
. Corrugated cardboard, which tak~s up a tremendous amount of trash container space
and is ,quite bulky, can noyv b~ recycled. .
. Mixed paper can now be recycled also, including a variety of household paper
products that previously. went into the landfill
. .Recycling helpS extend our landfill life, which ultiIT,lately keeps trash 4isposal costs
down
. RecyCling will help Dublin meet the stringent AB939 waste reduction mandates
Green Waste
Since green waste collection is a major new component of many new programs, specific
messages can be developed to introduce this. service: . "
Green waste is the largest single component of the residential waste stream, and therefo~e '
has a huge impact on the ability to meet AB939 requirements'
The new collection program is designed for easy participation, using a new whe,eled
collection cart
The active participation or' re.sidents will help their community maintain leadership in
recycling efforts, with each individual contributing to a major project that has a large .
beneficial impact on the local environment '
These messages will be refined and expanded as the program is developed, and not all
messages will be used for each communications tool. However, by using consistent '
, messages - and the corollary graphic design theme - throughout the communicatiol!s
process,Dublin can focusiIlg its educational products'and events efficiently, ensuring that
each program aspect sends a unified signal to the recipient. Throughout the process, care
will be given to integrate existing recycling program messages into the new services, so that
residents are not confused by what may appear to be a completely new program.
Implementation of a Public Education Plan
Once the messages are in place, the implementation phase can begin. A comprehensive
communications plan has been developed that includes the appropriate messages, key
audiences, actual communications tools, and me;thods for evaluating the effectiveness of the
communications program. The communications plan prQvides an excellent blueprint for
creating Ii menu of communications tools, and we would work closely with staff to ,refine
the plan in the early weeks of this project; further, we can actively prepare all appropriate
program materials, including brochure writing and design, video production, copy
development for all public communications, graphic elementdesign, and news media'
rdations. The program elements include: "
~ Liverrriore Dublin Disposal,
Proposal
- 48-
Media Relations/Advertisin" '
-News ReleaseslMedia Kits - Prior to start ofth~ new serVice, news releases arid media
kits caO be developed for distribution to appropriate publications. inciuding:
The kits can contain detailed information about the 'new and existing services such as: the
program kickoff event, statistics 'about recycling successes during the past fe'w years, and
information about new household hazardou's waste collection centers.
-Op-Ed Pieces - Local newspapers will be provided with op~ed pieces authore~ by
electl~d offlcials regarding the communitY's commitment to recycling, source 'reduction,
and other environmental issues.
, ,
-Paid Newspaper Advertisements - Instructional advertisements will be produced and
placed in local newspapers focusing on se~ice changes~ recycle/reuse/reduce messages,
and other issues pertinent to the new cop-tract.
Video and Radio Programming
-How-To Video., A viewer-friendly video can be produced for airing both prior to and
after service kickoff. Such a 5-7 minute production would focus on the how-to's",ofthe
new service and will demonstrate proper use of the new containers. Research indicates
that many customers are unaware. of the many collection and recycling services available,
and ~he video will include that information as well. The video will also be used during
community presentations and can be made available for checkout from the Library for
those wishing to view it at their convenience. Waste Management contact phone
numbers will be presented in the production.
-Public Service Announcements - Public service announcements focus'ing on recycling,.
source reduction, ,and other environmental issues will be distributed to local radio
stations
Publications
-Dirt:ct Mail - Prior to service kickoff a detailed direct mail piece can be'pr!Jduced -for
distrihution to every Dublin household, outlining the new services and offering
suggestions for easy program participation. The multi-color piece will rely heavily on
graphical images rather than copy alone so that it will be a quick read" and easily
understood by a variety ofd~mographicgroups. Sufficient additional quantities of the
brochure will be printed for distribution at City facilities, such as City Hall, Senior
Center, Library, Community Center, and also at community,presentations. "
Proposal
@ Livennore D~blin Disposal'
- 49-
. -'
-Additional Distribution of Brochures - A condensed version of the kickoff how-to"
brochure can be attached to new trash and green waste collection containers, offering
, simplified usage instructions and contact phone numbers f~r those seeking additional
information.
-Program Upda~e Bill Stuffer - A hill-stuffer insert can be produced yearly and
distributed to all customers updating them on their service and offering information
, ,about their waste str~am reduction successes. Contact phone numbers for questions,
comments, and other feedback can be included in the piece as well.
-Commercial Brochure - A business-specific brochure can be' produced for distribution
to all commercial customers holding a business license in Dublin focusing on 'recycling
options and new trash collection alternatives if appropriate. .
-New Service HelplInformation Notices -: Special tags/notices can be developed to
inform customers who are not properly placing their trash or recyclables at the curb. The
pieces are customer-friendly and non-confrontational, offering tips for proper placement
and encouraging customers to call the hot line number for additional information.
-Multi-Family How-To Posters - Attention-getting posters can be distributed to multi- ,
family dwellings for display in facilities such as laundry rooms, leasing offices, lobbies,
and other common areas. The posters focus on recycling and feature an 'abundance of
graphics instead of relying on copy only; the hotline number is featured prominently.
Special Events/Displays/Programs
-Container Displays - Sample trash collection and green wast~ containers can be placed
on display at convenient public locations. Customers then have an opportunity to'
examine the containers; referral phone numbers are visible near the containers for those
, requiring additional. information.
-'Kjckoff Celebration - At service kick.off, a special celel;>ration can be planned that will
create excitement about the new services, provide support for an identified civic project,
and reinforce the importance of recycling, reuse, and waste stream reduction. The event
will feature demonstrations of the new equipment, involve City Council members and
other local officials, and will allow residents and commercial customers an opportunity
to gather in support of the community's improved commitment to environmental
concerns.
-Key Community Leader Briefings - A series of presentations to key Dublin civic arid
opinion leaders will outline the new services and provide an opportunity to express
questions and concerns. An attempt will be made to enlist these leaders as strong
advocates for the new service, encpuraging them to serve as spokespersons for
recycle/reduce/reuse messages and ~nviting them to participate in the k,ickoff event.
@ Uvennore Dublin Disposal .
Proposal
"50 "
-Recycling/Source Reduction Contests - Waste Management can conduct annual waste
collection, recycling, and source reduction slogan; art, or poster contests for both children
. and adults. The contests focus on innovative presentation of appropriate theme and
messages, and winners receive attractive prize~.
Community Presentations
. Experience indicates that presentations ,at virtually every organized group within a
community are unquestionably one of the most effective m,ethods to explain and gain support
,for new services and projects. Although this task is extremely time-consuming, it allows an
efficient manner to provide service ,kic~off information, distribute copies of the brochure, .
show the video, and answer audience questions and concerns about their collection and
recycling services.
Since seniors are likely to have many questions about the new services, special 'efforts will be
'made 'to conduct presentations at senior citizert groups; the presentation would focus .on ho'w
.' easy it is to participate in the program and address any questions that may arise.
School Activities
-Model MRF - An innovative project that may be appropriate for older age groups is the
development of a'model MRF at a school site, which helps illustrate the recycling
process in an interactive maruler on a scale that is easily understood. We have already
begun research on this project, and we will utilize successful methods that are in place at
other model MRF sites.
-Kindergarten-Junior High: School Students - Awide variety of projects, contests,'and
curriculum materials can be developed for this age group; specific elements would .
include bulletin board displays, essay contests focusing on environmental themes, video
presentations, classroom- teacher guides, assembly presentations, character visits~
giveaways, 'and others appropriate for individual class levels~
-High School Students - Participation by math 'and science instructors would be integral
to the education process, since they have the ability to tnmsform the recycling message.
into appropriate curriculum, such as explaining the chemical process behind 'compo sting
or determining the: impact of recycling and yard waste collection on our enyironment. '
The California Integrated Waste Management Board has developed an excellent
curriculum for high school'students; this will allow us to offer a proven program for local
students. '
Commercial Customers
Commercial customers are large contributors to total waste stream volume, and even though
many businesses have voluntarily implemented recycling programs in recent years, there is a
Proposal
@ Live~ore Dublin Disposal
" 51 "
distinct need to increase education efforts. Meetings can be held with representatives of
merchants ,associations, as well as withthe owners and managers of commercial properties
. such as strip malls, to explain service changes and to solicit suggestions for improvement.
. Retailers will also be encouraged to hold contests for their customers, focusing on the theme
to be developed for this plan; prizes from the participating merchants will be awarded to
, - .
winner~, and Waste Management can produce news releases highlighting the winners.
Newsletters' ,
. Articles can be produced f.or inclusion in the organizational and business employee
newsletters distributed with,in Dublin. Many of the above-mentioned homeowners
associations publish their own newsletters, and many medium to large sized businesses also
distribute employee publications; the articles produced for thesenew~letiers will include
graphics and'photograph$ as requested by the sponsoring organization.,
Ongoing Customer Satisfaction
-Reply Cards - A customer comments and questions reply card will be included in
customer billings on a regular basis, offering a convenient method for customers to
comment on service issues. These cards have proven to be very effective in ~eading off
service problems before they -become large issues, and they help r.einforce the concept
that both the .City and LDD are sincere abo~~ providingq~ality service.
Cone/usion:
Throughout the implementation process, constant monitoring and follow-up will be
nel;essary to ensure that the communications program is working effectively. This
comprehensive tracking will guarantee that communications funds, both the City's and those
of the company are spent wisely, and will hdp to focus efforts on areas requiring additional
emphasis. It is important to note that a successful communications program contains
flexibility to respond to changing conditions,
vi)
Customer Service and Billing
. -
CUSTOMER SERVICE PROCEDURES '
Procedures for all inquires including: Start, Discontinue, Change in service, Extra Service"
. Billing inquiries for Residential, Commercial, Roll-off, Handy Hauler, and Recycling
Services.
1. Customer call goes to switchboard operator, operator greets the customer and
, transfers them into the an ACD group which is set up in the system. This'
system automatically trans the call to the first available customer service
representative (CSR). While the customer is holding, they listen to 'music and
message tape.
@ Livermore Dublin Disposal
Proposal
- 52"
Customer Service Counts!
More than. ever before. high qualify customerservice is the name of the
game. Waste Management Customer Service Representatives and
Dispatchers are highly trained and actively supervised to be an integral
. " . .' part of our operations,
Customer complaints are
handled in a professional,
.. and helpful manner.
Everyone makes
mistakes. but how we
respond to these rare
events is what sets' us
apart.
Our customer service
department is staffed '
with the best in the
business,
Reps refer to a manual
for consistent, accurate
service,
Dispatchers are a critical link
bellveen the customer and the
driver,
2. . CSR inputs customer information in the, computer, name address, phone
number: and custoIhers request. If it is a request for the same, day, the order is
created and dispatched immediately to driver if they 'have not compieted the
day. If they have completed the day order gets dispatched for the next day. If
immediate attention is required for that day and driver is done for the day, the
order is given to the supervisor and he will handle the request. All requests
are taken care of within 24 hoUrs 'of the call.
3. When customer calls for new serVice, discontinue~ extra pick-ups, and order is
keyed into the computer for the day of request. Orders are printed daily and
dispatched first thing the next morning.
4. At the end of the day, the drivers check out over the radiq to see if there is ariy
requests to take care of, then the drivers come into the office to turn in all his
work, all order that they received are matched up with the office copy and
closed with the resolution. - ,
5. All orders are filed and kept in storage.
vii) Environmental Component
HAZARDOUS SPILL CONTROL
City of Dublin: 833-6630
Evergreen: 1-800-972-528~
Proposal
@ Livennore Dublin Disp'osal
" 53 ~
Calif. State ,Office of Emergency Services: 1-800-852-7550
1) If there has ,been a hazardous spill, determine the location, time, size, type of spill,
injuries and any information relevant to the incident. .
(2) . Instruct the driver to control the spill--do not allow the spill to enter the storm drain
(all Front-End-Loaders are equipped with a bag of Floor-Dry). , Prevent all vehicle
and foot traffic from entering the area. Do not move vehicle and do not attempt to
wash down spill. '
(3) Contact the Site Manager.
(4) Contact Evergreen and ~ity of Dublin, if requested by Site Manager.
(5) A copy of Emergency Response Guide is located inside the M.S.D.S. booklet. The
M.S.D.S. booklet is located in the supervisor's office. .A secondcopy is also located
in the glovebox of Vehicle 1839, the Mechanic's vehicle.
SPILL NOTiFICATION INFORMATION
The following information shoula be provided when notifying management and the
appropriate agencies listed .in this section about spills:.
1. Time of spill (Military time, ie. 24 hours clock) local time.
2. Type of material, spilled and the approximate quantity, (Provide Material Safety Date
Sheet if possible).
3. . ,Location and source of spill.
4. Probable cause and circumstance of the spill.
5. Existing or potential hazards (fire, explosion, etc)
6. Personnel injuries or casualties.
7. Corrective action taken or being taken to contain, control and clean up the spill.
8. . Names ~d telephone numbers of individuals who reported the leak or spill.
9. Other unique or unusual- circumstance of the spill.
@ Livenno~ Dublin Disposal
Proposal
~ 54"
SPILL RESPONSE ACTIONS
Quick 'and coordinated response actions,to control, contain ~d clean up'spills is most
important in reducing the impact of a spill in 'the environment. It is important that all
personnel who may be involved in the storage or transfer of fuel/oil products have a thorough
knowledge of spill response actions, and practices them on a regular basis. . .
Remember the three C's (Control, Containment and Clean:up) of the spill contingency plan
can make response actions faster and more effective. '. .
. CONTROL
The first response action, should be 'taken to con~rol the spill. The simplest way to do this, is
to keep the spill from' growing by stopping the flow of liquids from the source. Once the flow
6fthe liquid is stopped, efforts can be. made to keep the spill from spreading..
The ability to control the'spill depends a gr,eat deal on the situation. If the, tank has a major
rupture,. it is doubtful the flow can be stopped. This i,s a worst-case-scenario, of course, and it
is advisableto try to contain the spill and get assistance. Fuel! oil spill and leaks from
storage/transfer facilities should be stopped immediately by turning off transfer pump power
. switches to stop any further flow -of oil from the tanks. After containment and clean-up, the
equipment should then be carefully examined and repairs made.
Fuel/oil spills and leaks during tank filling operations should be stopped imrrtediately by
shutting 'the appropriate valves to halt the delivery of fuel/oil. After containment,and clean-
up, the tank truck, hose, valves and connections should be examined and any problems
corrected. Tank filling operations can resume after the problem is corrected and approval is
given by the supervisor or designated person responsible for the spill prevention. .
, CONTAINMENT
The next mode of response is to contain the spill. In most cases, the secondary containments
of the tank will contain any spill which occur. However, instances where the spill occurs
outside the secondary containment areas must be addressed. First, evaluate the local direction
of the flow of the liquid, and try to contain its flow. Then extend the containment so it
completely encircles the spill. Use. warning markers to create an exclusion zone to limit
access. Once the spill is ~ontrolled and contained, clean-up can begin.
CLEAN~UP .
Fuel/oil spills will be cleaned up immediately to minimize the impact to the environment.
Water should not be used to wash away or dilute spilled oil products. Oil absorbent sheets,
pillows and other material should be used to soak up spilled oil. Spilled oil and oil soaked
materials shoulq be placed in a steel 55-gallon drums for temporary storage and disposai. If
temporary containments have been constructed, they should be inspected prior to removal to
make sure no residual oils are released.
Proposal
@ L1vennore Dublin Disposal
" 55 -
If any stormwater is present in the containment, any oil on the surface should be removed .
'. with oil absorbent sheets. Stormwater should not be allowed to enter the stormdrain if at all
possible. If a large quantity of oil is spilled which cannot be handled by the pad or
containment, then a waste processing firm should be contracted to pump the spilled oil into
containers. Oil-water mixtures will be recycled by Evergreen Environmental. Spilled oil '
should not be washed into sumps where it ,can be pumped into the sewer.
If a very large spill occurs, or if spille<;t oils enter a storm drain, a' specialized oil or hazardous
material remediation firm will be contacted for immediate response.. When contacted, they
should be provided with all the information as outlined in Section "Spill Notification
Information" to assist in an adequate response. ,Th'e Firms listed below have been preselected
. and demonstrated the ability to perform a highly effective oil spill clean-up within minimal
time frame. " , .
The following c,!mpanies are designated to perform emergency spill clean-up activ,ities:
Spill ContainmentlClean~up Materials and Equipment
The containment and clean-up of a spill or leak cannot be effective without th~ mechanical
means of performing this ,task. Spill response materials and equipment must be available in'
close proximity to all storage are.as. The following materials are to be available for an
effective response to a major spill:
Personal Protective Equipment - Oil resistant gloves, laminated polytyvek coveralls or
. equival~nt, boot covers and safety glasses for personal protection.
Synthetic Membrane - Sheets of synthetiC membrane material compatible with fuel/oils for
sealing storm drains. The membrane should be large enough to cover the entire drain and
weighted to effectively seal the drain.
Oil Absorbent Materials - Oil absorbent sheets, pillows, booms, granulat~d absorbent
material or equivalent for cleaning up spilled or leaked materials.' .'
Warning Devices., Orange cones, barricades or caution tape used for placement around the
tank truck' or to restrict access to spill areas.' .
Steel Drums - Empty U.S. Department of Transportation approved steel drums with covers
for containerization and transport of collected oil, oil soaked absorbent materials and '
contaminated disposable personal protective equipment. The drums can also be used as
storage ,for the spill response materials prior to use:
Tools and Equipment - Shovels, rakes, and squeegees for handling oil absorbent materials or
spilled oil. " .
@ Livennore Dublin msposal
Proposal
, ~ 56-
Fire Extin~isher - These are located throughout the site and on all vehicies.
Safety Program
WMI cond,ucts regular health and safety programs for i~s employees throughout the country.
The Company provides guidance to its operating locations in the compliance requirements of
federal health and safety standards- of ~he Occupational Safety and Health Administration
(OSHA), Environmental Protection Agency (EPA) and the U.S: Departinent of
Transportation (DOT). ' .
In-depth training progra.n1s are conducted frequently on a nturiber of i~sues including:
Employee Right-to-Know, asbestos management, medical waste management, 'coaching the
refuse truck driver, haZardous w~te operations, trenching and excavations, .confined spaces. .
and emergency response. Twice a year Waste Management conducts Landfill University,
special training for landfill gerieral managers as well as MRF University for general
managers of material recovery facilities. Both of these programs review environmental and
safety regulations as well as corporate policy.
A listing of training courses administered to Livennore Dublin Disposal employees follows
below: '
Training Course Name
Company Rules & Regulations
Division Safety Program
(Video) AlcohollDrugs in the Workplace
Drug & Alcohol Policy
Accident Reporting Procedure
(Video) Waste M'anagement Today
(Video) Driven By Pride
Tour of Facility/Intro to Key Personne
(Video) Fraud Doesn'tWork Here (Work Comp)
Sexual Harassment '
(Video) "Buckle Up"
Seatbt:lt Policy
Affirmative Action .
. (Video) Waste Mana'gement The Environm~ntal Company
. (Video) Employee Safety. Orientation
(Video) New Hazardous ComrrlUnications
Hazardous Communications Review
Completing the Manifes
(Video) OSHA's New Hazardous Energy Source
(Tag/Lockout) .
Tag & Lockout Revie,w
'-
Proposal
@ Livennore Dublin Disposal
- 57 "
(Video) Special Waste
Special Waste Refresher/Update
(Video) Back Injury Prevention/Lifting Safety
Back Safety Refresher
Hearing Conservation'
Heat Stress
(Video) Fire Extinguisher Training.
Fire Safety Refresher
Emergency Res'ponse
Emergency Response Drill
Personal Protective Equipment
Compactor Safety
(Video) Fork Lift Safety
Fork Lift Safety Refresher
(Video) COIpbo- Tire Safety
Coaching The Refuse Dri~er (Defensive Driving)
(Video) By The Numbers Pro-Active Defensive Driving
(Vide~) By The Numbers - FEL
(Video) By The Numbers - Residential
(Video) By The Numbers - Roll Off
(Video) Introduction to Roll Off '.
(Video) Respirators & How To Use Them
Respiratory Refresher
Vendor Fueling Procedure
Spill Prevention/Procedure
Video Display Terminals
CPRlFirst Aid Certification
Eye Safety
Welding Safety
WMI operates facilities which meet or exceed industry and government standards.
Applicants with poor driving records are not employed. Motor vehicle reports for employees
are periodically reviewed. Health and safety professionals conduct safety audits and ,
in,dustnal hygiene surveys at WMNA facilities to evaluate compliance and potential hazards.
Safety Manual
WMI has prepared a Safety and, Health Manual which contains guidelines for safe operations
of solid waste facilities. A self-audit checklist has been prepared to walk division General
Managers ,through these requirements.
WMI's Group Safety Managers monitor the performance of their divisions. Group.Safety
Managers or other region safety personnel schedule and carry out safety audits.
@ Livennore Dublin Disposal
. Proposal
"58 ~
Since 1989, WMI has tracked injuries and accidents on a computerized database called the
Safety Information System. Each WMI Division forw~ds infOrmation on injuries and
accidents to th~ Group Safety Manager, where it is evaluated for trends and the need to
follow~up. The Safety Information System also tracks OSHA compliance.
, WMI operates a fleet of,more than 14,000 vehicles. Th'e company carefully trains 'and selec~
its drivers. Driver training is a key element of the Safety Program. Drivers participate in the
six-hour program called ",Coaching the Refuse Truck Driver,"'which is designed to, enl1(~nce'
their over-the-'road skills.
Industrial Hygiene
WMl periodically conducts personal air and noise monitoring surveys at its facilities.
Reports are generated for General Managers and Group Safety Managers for their follow-up. ,
Employees receive notification letters with the results of each test. Corporate Health and '
Safety maintains a database containing the results of all industrial hygiene surveys. ,Results
of these surveys have been used to develop policies and monitor the effectiveness of safety
policies. '
WMI has implemented a comprehensive program to meet the requirements of Employee ..
Right-To-Know, Community Right-To-Know and Emergency Response regulations of U.S.
Department of Transpory:ation (DOT), OSHA and the U.S. Environmental Protection Agency
(EP A). As part of this program, Material Safety Data Sheets have been -developed for
products such as landfill gas, leachate and gaS condensate, which are unique to landfill
operations.
WMX Technologies Environmental Management & Compliance ~ssu~ance Systems
Waste Management is organized so that there is an environmental management presence at
all levels of the. company.
At the corporate level, the Envirorimental Management Department (EMD) t,rack and C
communicate regulatory requirements and develop Company policies and procedures and
compliance assurance programs. The maJority of EMD staff are based at WMI',s group.
offices. EMD managers, environmental specialists and engineers who have primary
responsibility for assisting facility General Managers in meeting corporate and
environmental requirements, report to a Group Environmental Vice Presiderits or Group
Environmental Managers who report in turn to the corporate EMD President.
, ,
EMD environmental engineers and specialists are also based at most treatment and disposal
facilities, reporting to the group EMD. WMI has an EMD engineer assigned to each landfill
site and one or two, Group Compliance coordinators per WMI Group.
Proposal
@ li,~e~ore Dublin Disposal
,- 59"
This organizational structure assures that environmental and facility operations managers .
work as a team on environmental issues and have clear reporting channels to upper
. management.
WMI Environmental Management Programs
Assuring compliance with environmental ,req'uirements addresses three goals around which
WMl's activities at all levels are organized: to prevent compliance issues, to assess'
compliance status to detect any problems not prevented, and to correct problems identified.
Preventive Actions
WMI regions utilize the Compliance Management System (CMS) at all it's haul~ng and
transfer ?tations. CMS is a simple, computerized tracking and scheduling tool designed
specifically for WMI Facility Managers. It provides facility management with the ability to
assure continuous compliance with Company, Federal, state, local and' permit-deriv:ed
environmental requirement's. CMS also assists facility management with compliance on
other major programs such ~s safety, humarl resources, industrial hygiene and training.
CMS provides facility management with the following capabilities:
· Environmental RequirementsTracking - Each identified environmental
requirement is vvritten as a Compliance Assurance Task. Each Task
summarizes the environmental requirement, references the root regulation,
identifies who will do the work, sets a date for completion of the task and
establishes the frequency of the requirement.
. . Task Assignment/Scheduling - Tasks are automatically generated by the
co,tnputer informing the facility manager and as.signed personnel that tasks are
due in the near future. '
. Accountability System/Personnel Evaluation - Tasks are generally assigned to
facility personnel, but they may be assigned to consultants, group staff and
others. Facility Managers can access' a CMS report that willli~t all overdue
tasks and responsible personnel.
. Documentation Assistance - Agency inspectors and WMI Environmental
Audit Department auditors require documentation that environmental
requirements have been met. CMS provides facility managers with the
capability to organize compliance documentation. As tasks are completed,
completion dates~ comments on how the tasks were completed, and file
records of locations for reports or correspondence may be logged into CMS.
@ Livennore Dublin Disposal
Proposal
.60 -
· WMI EMD staffof each regi~n assisted site staff in installing CM.S. Because
permit requirements are spec~fic to each facility, CMS'must be customized, a
task requiring an average of one person per site. WMI General Managers
have reported CMS to be helpful managing complex compliance activities.
Compliance Assessment
Managers at each facility monitor compliance with WMI and reguiatory agency.
environmental standards;including site specific groundwater and landfill gas monitoring
plans'- Results.are reported to regulatory agencies as required by permits, and to group and
corporate departments. WMI management highlight progress and key issues.
Facility General Managers and Group Compliance Coordinators also conduct annual
environmental self-audits at each WMI landfilL Group EMD,staffconduct inspection of-
active landfills at least quarterly'to identify potential compliance issues. Result;; of these
assessments are tracked'in the Compliance Action Reporting System. The systems also
generates self audit checklists for landfills and transfer stations. .
At least annually, WMI group EMD staff assess hauling companY,compliance with WMI's
special waste procedures; an internal program which substantially exceeds legal
requirements. -
Hauling divisions are the most numerous type of WMI operation. These facilities are
. increasingly regul<;lted and WMI has expanded compliance activities for these facilities to
include an assessment and environmental education effort. Hauling company General
Managers are required to utilize several self-audit checklists. Checklists guide divisional,
personnel through key environmental requirements and provide technical and regulatory
resources to clarify is'suesand resolve deficiencies.
In addition to WMI compliance assessment activities, and to provide'a cOJ;npliance
mechanism independent of facility man~gement, the WMX Technologies Environmental
Audit Department conducts environmental audits at WMI facilities at regular intervals.
CorporateEMD staff attend audit closing and assist facility management in tracking and
resolving issues. '
Proposal
@ Livennore Dublin Disposal .'
06/08/95
City of Dublin
Proposal for Solid Waste Franchise
Detailed Financial Information
ONE PASS - RESIDENTIAL MSW AND YARD WASTE COLLECTION OPTION COMBINATION
1 b. RESIDENTIAL SOLID WASTE AUTOMATED COLLECTION (OPTION B),
4 a. WEEKLY RESIDENTIAL YARD WASTE COLLECTION
Annual Tons Processed
Processing/Composting Gate Fee per ton
Transportation/Composting Costs per ton
Processing/Composting Costs per ton
Other Costs per ton
Labor Costs
Regular Wages, Vacation Wages
Supervisor Wages
Workers Compensation Insurance & Claims
Health & Welfare & Benefits
Payroll Taxes
Total Labor Costs
Vehicle Related Costs
Fuel
Truck Maintenance Labor
Tires & Tubes
Parts
Supplies
Taxes & Licenses
Other
Total Vehicle Related Costs ..
Other Costs
Liability & Property Damage Insurance
Non-Vehicle Related Supplies
Training & Safety Programs
Public Education & Promotion
Uniforms
Processing Fees
Replacement Toters
Other
Total Other Costs
Depreciation
Container
Truck & Other Depreciation
Total Depreciation
Management Fees
Corporate Service & Development
Total Cost of Operations
Profit
2,0%
91.5% Operating Ratio
Interest
Total Revenue Requirement
See Cleanup comment on Schedule 1a.
Toters proiected /Includes inventory):
35 gallon
64 gallon
96 gallon
Assumptions:
60 pound per home per month average yard waste,
Annual Cost
1b/4a 1b/4a
YuL1 Yutl
1,997 1,997
$18,50 $18,50
NA NA
NA NA
NA NA
184,747 202,092
8,300 8,549
20,000 20,600
30,535 22,810
10,742 7,901
254,324 261,952
20,009 20,570
47,000 48,300
6,134 6,615
8,065 8,351
364 375
6.000 6,180
19,328 19,716
106,900 110,107
4,500 5,150
3,059 3,666
1,000 1,030
20,000 10,000
500 515
36,945 38,053
$49,20 10,836 11,676
1,500 0
78,340 70,090
65,066 65,066
74,591 74,591
139,657 139,657
4.333 4,268
3,611 3,557
587,165 589,631
54,545 54,774
80,518 66,916
722.228 711.321
3,650
9,019
800
3,650
9,019
800
DUFINAL2.wK4
City of Dublin
Proposal for Solid Waste Franchise
Detailed Financial Information
2 b. WEEKLY RESIDENTIAL RECYCLING COLLECTION (OPTION B).
Annual Cost
Year..1
2,424
NA
NA
Year.2.
2,424
NA
NA
Annual Tons Processed
MRF Tip Fee
Annual Processing Fees
Labor Costs
Regular Wages
Supervisor Wages
Vacation Wages
Workers Compensation Insurance & Claims
Health & Welfare & Benefits
Payroll Taxes
Total Labor Costs
48,338 49,413
3,476 3,581
1,475 1,504
3,528 3,635
14,101 14,807
4,342 4,440
75,260 77,380
8,014 8,255
12,740 13,024
2,271 2,339
2,577 2,654
92 95
1,666 1,716
1,829 1,883
29,189 29,966
947 985
135 139
500 515
8,000 4,000
351 361
6,304 6,304
0 0
4,276 4,405
20,513 16,709
14,040 14,040
16,800 16,800
30,840 30,840
945 940
788 783
157,535 156,618
14,634 14,549
13,520 10,340
185,689 181,507
Vehicle Related Costs
Fuel
Truck Maintenance Lahor
Tires & Tubes
Parts
Supplies
Taxes & Licenses
Other.Radio,Towing,Truck Wash,Misc,
Total Vehicle Related Costs
Other Costs
Liability & Property Damage Insurance
Non.Vehicle Related Supplies
Training & Safety Programs
Public Education & Promotion
Uniforms
Transportation, mixed paper
Transportation, other plastics
Other, including bin replacement & transport
Total Other Costs
Depreciation
Container
Truck & Other Depreciation
Total Depreciation
Management Fees
Corporate Service & Development
Total Cost of Operations
Profit
91.5% Operating Ratio
Interest
Total Revenue Requirement before Commodities Revenue
06/08/95
DUFINAL2,WK4
City of Dublin
Proposal for Solid Waste Franchise
Detailed Financial Information
Incremental Costs
Mixed Waste Paper
Plastics
Total Incremental Costs
Annual Cost
Final Yr 1 Final Yr 2
981 981
$54,00 $54,00
$52,983 $52,983
152 152
$80.00 $80.00
$12,160 $12,160
646 646
$35.00 $35,00
$22,610 $22,610
390 390
$70.00 $70.00
$27,287 $27,287
17 17
$920.00 $920,00
$15,916 $15,916
0 0
$16.00 $16,00
$0 $0
90 90
$50,00 $50,00
$4,490 $4,490
15 15
$1,800,00 $1,800.00
$27,702 $27,702
$163,148 $163,148
$22,541 $18.359
$10,162 $9,567
0 0
$10,162 $9.567
5,450 5,450
2,404 2,404
$1.29 $1.22
2 b. WEEKLY RESIDENTIAL RECYCLING COLLECTION (OPTION B).
Estimated Residential Recycling Revenue
Estimated Newspaper Tonnage
Estimated Newspaper Price per ton
Estimated Newspaper Revenue
Estimated Corrugated Tonnage
Estimated Corrugated Price per ton
Estimated Corrugated Revenue
Estimated Mixed Paper Tonnage
Estimated Mixed Paper Price per ton
Estimated Mixed Paper Revenue
Estimated Glass Tonnage
Estimated Glass Price per ton
Estimated Glass Revenue
Estimated PET Tonnage
Estimated PET Price per ton
Estimated PET Revenue
Estimated Narrow Neck Plastics 1-7 Tonnage
Estimated Narrow Neck Plastics 1.7 Price per ton
Estimated Narrow Neck Plastics 1-7 Revenue
Estimated Tin/BiMetal Tonnage
Estimated Tin/BiMetal Price per ton
Estimated Tin/BiMetal Revenue
Estimated Aluminum Tonnage
Estimated Aluminum Price per ton
Estimated Aluminum Revenue
Estimated Total Recycling Revenue
Actual Revenue Required (Total Costs less Revenue)
Number of Units
Single Family Homes
Multiple Family Units
Incremental Cost Per Unit per Year
06/08/95
DUFINAL2,WK4
City of Dublin
Proposal for Solid Waste Franchise
Detailed Financial Information
5, MUL TI.FAMIL Y/COMMERCIAL INDUSTRIAL BIN SERVICE
Labor Costs
Regular Wages
Supervisor Wages
Vacation Wages
Workers Compensation Insurance & Claims
Health & Welfare & Benefits
Payroll Taxes
Total Labor Costs
Vehicle Related Costs
Fuel
Truck Maintenance Labor
Tires & Tubes
Parts
Supplies
Taxes & Licenses
Other
Total Vehicle Related Costs
Other Costs
Liability & Property Damage Insurance
Non.Vehicle Related Supplies
Training & Safety Programs
Uniforms
Other
Total Other Costs
Depreciation
Container
Truck & Other Depreciation
Total Depreciation
Management Fees
Corporate Service & Development
Total Cost of Operations
Profit
91.5% Operating Ratio
Interest
Total Revenue Requirement
Assumptions:
Container pulls per route per day
100.115
Trucks in Use
#1026
#1116
#506
06/07/95
Annual Cost
~ ~
115,627 120,462
15,857 16,333
13,968 14,553
9,250 9,528
38,371 40,290
11,121 11,586
204,194 212,752
20,024 20,626
85,403 88,975
11 ,276 11,615
7,944 8,180
267 275
7,929 8,167
6,466 6,660
139,309 144,498
9,508 9,889
676 695
1,038 1,068
702 722
6,399 6,591
18,323 18,965
10,368 10,368
31,1 00 31,100
41,468 41 ,468
2,783 2,845
2,319 2,371
408,396 422.899
37,938 39,286
17,541 11,936
463,875 474,121
1990 White/Able FEL
1993 White/Able FEL
1984 White/Able FEL (spare)
DUFINAL2WK4
City of Dublin
Proposal for Solid Waste Franchise
Detailed Financial Information
6. DEBRIS BOX SERVICE
Labor Costs
Regular Wages
Supervisor Wages
Vacation Wages
Workers Compensation Insurance & Claims
Health & Welfare & Benefits
Payroll Taxes
Total Labor Costs
Vehicle Related Costs
Fuel
Truck Maintenance Labor
Tires & Tubes
Parts
Supplies
Taxes & Licenses
Other
Total Vehicle Related Costs
Other Costs
Liability & Property Damage Insurance
Non.Vehicle Related Supplies
Training & Safety Programs
Uniforms
Total Other Costs
Depreciation
Container
Truck & Other Depreciation
Total Depreciation
Management Fees
Corporate Service & Development
Total Cost of Operations
Profit
91.5% Operating Ratio
Interest
Total Revenue Requirement
Assumptions:
Rolloff Services/Route/Day
Trucks in Use
#635
#1021
#350
06/07/95
Annual Cost
Ynr..1
105,594
6,806
12,518
2,961
31 ,062
12,293
171,234
16,880
28,624
2,596
8,195
109
3,902
3,675
63,981
8,236
313
1,038
702
10,289
5,175
36,442
41,617
2,015
1,679
290,815
27,016
17,989
335,820
5
1987 White/Norcal
1990 White/Norcal
1977 White/Norcal
Ynr.1
110,011
7,011
13,041
3,049
32,616
12,807
178,535
17,386
29,822
2,674
8,441
113
4,019
3,785
66,240
8,566
322
1,069
723
10,680
5,175
36,442
41,617
2,052
1,710
300,834
27,946
13,152
341,932
DUFINAL2.WK4
City of Dublin
Proposal for Solid Waste Franchise
Detailed Financial Information
9. ADMINISTRATIVE DIVISION
Annual Cost
YnL1 Y!m.2
145,666 150,036
5,181 5,337
30,090 31,594
14,050 14,471
194,987 201,438
38,540 39,696
8,368 8,619
12,581 12,959
16,602 17, 1 00
1,679 1,729
19,025 19,595
6,547 6,743
747 770
4,963 5,112
1,907 1,965
1,275 1,314
36,383 37,474
12,201 12,567
5,092 5,246
165,910 170,889
20,180 20,180
2,578 2,578
4,095 4,095
26,853 26,853
2,679 2,728
2,233 2,273
392,662 404,181
36,477 37,547
17,372 12,902
446,511 454,630
Labor Costs
Regular Wages
Vacation Wages
Health & Welfare & Benefits
Payroll Taxes
Total Labor Costs
Other Costs
Rent
Telephone
Postage
Non-Vehicle Related Supplies
Non.Vehicle Related Taxes & Licenses
Legal Fees
Accounting Fees
Dues & Subscriptions
Advertising
Office Equipment Rental
Training & Safety Programs
Other-Computer Systems fees
Other-Automoible/TraveIlMeals&Ent/Promotion, Etc,
Other.Sad Debt/Collection Expense
Total Other Costs
Depreciation
Building
Land Improvement
Furniture & Fixture
Total Depreciation
Management Fees
Corporate Service & Development
Total Cost of Operations
Profit
91.5% Operating Ratio
Interest
Total Revenue Requirement
Administrative Costs have not been allocated to potential service
components as these costs remain fixed regardless of options
selected by City,
06/07/95
DUFINAL2.WK4
WASTE MANAGEMENT OF ALAMEDA COUNTY
FINANCIAL STATEMENTS
FOR THE YEARS ENDED DECEMBER 31, 1994, AND 1993
CONTENTS
Independent Accountants' Report
Balance Sheets
Statements of Income
Statements of Stockholders' Equity
Statements of Cash Flows
Notes to Financial Statements
1
2-3
4
5
6
7 - 18
INDEPENDENT ACCOUNT ANTS' REPORT
The Board of Directors
Waste Management of Alameda County
Oakland, California
We have audited the accompanying balance sheets of Waste Management of Alameda
County as of December 31, 1994, and 1993, and the related statements of income, stockholders'
equity, and cash flows for the years then ended. These financial statements are the responsibility
of the Company's management. Our responsibility is to express an opinion on these financial
statements based on our audits,
We conducted our audits in accordance with generally accepted auditing standards, Those
standards require that we plan and perform the audits to obtain reasonable assurance about
whether the financial statements are free of material misstatement. An audit includes examining,
on a test basis, evidence supporting the amounts and disclosures in the financial statements, An
audit also includes assessing the accounting principles used and significant estimates made by
management, as well as evaluating the overall financial statement presentation. We believe that
our audits provide a reasonable basis for our opinion,
In our opinion, the financial statements referred to above present fairly, in all material
respects, the financial position of Waste Management of Alameda County as of December 31,
1994, and 1993, and the results of its operations and its cash flows for the years then ended, in
conformity with generally accepted accounting principles,
~ ~~-
ARMANINO, J't::;. LOMBARD]
February 24, 1995
WASTE MANAGEMENT OF ALAMEDA COUNTY
Balance Sheets
December 31, 1994, and 1993
ASSETS
1994
Current assets:
Accounts receivable:
Trade, less allowance for doubtful accounts
of$147,413 in 1994 and $271,172 in 1993
Other
Rate revenue unbilled
Inventories
Prepaid expenses
Deferred tax asset
Total current assets
1993
$ 14,964,190 $ 14,415,279
3,988,066 3,085,314
5,359,000 1,429,000
1,035,906 1,089,629
1,982,577 1,578,771
1.429.685 1.228.077
28.759.424 22.826.070
Property, plant and equipment:
Land and improvements
Buildings and improvements
Automobiles and trucks
Drop boxes and containers
Machinery and equipment
Office furniture
Construction in progress
20,550,527
33,492,912
43,143,765
14,688,816
22,502,460
4,776,947
29.544.267
168,699,694
(74.933.580)
93.766.114
Less accumulated depreciation
Other assets:
Rate revenue unbilled
Deferred charges, net of amortization
Deferred landfill closing costs
Restricted cash
Deferred pension costs
10,420,688
3,761,674
16,808,017
4,302,999
218.274
35.511.652
$158.037.190
19,265,162
35,048,318
42,536,629
11,189,511
19,894,803
4,374,371
31.643.527
163,952,321
(71.873.179)
92.079.142
11,303,895
3,090,266
13,456,727
2,936,632
1.370.410
32.157.930
$147.063.142
The accompanying notes are an integral part of these financial statements,
- 2 -
WASTE MANAGEMENT OF ALAMEDA COUNTY
Balance Sheets
December 31, 1994, and 1993
LIABILITIES AND STOCKHOLDERS' EOUITY
1994
Current liabilities:
Bank overdraft
Accounts payable - trade
Deferred revenue
Accrued expenses
Current maturities of long-term debt
Income taxes payable
Total current liabilities
1993
$ 739,120 $ 1,797,002
7,062,497 5,943,373
252,792 297,466
9,705,048 9,390,199
1,658,961 1,556,282
1.563,767 963.344
20,982,185 19.947,666
Other liabilities:
Advance account
Long-term debt, net of current maturities
LandfilJ closing costs
Deferred tax liability
Pension liability
31,611,027
10,140,279
22,022,592
3,675,135
218.274
67.667.307
Stockholders' equity:
Common stock
Capital in excess of par value of common stock
Retained earnings
12,200
335,214
69,040.284
69.387.698
$158.037.190
26,426,695
11,366,117
17,548,618
3,503,779
1.370.410
60.215.619
12,200
335,214
66.552.443
66.899.857
$147.063.142
"'
- J .
The accompanying notes are an integral part of these financial statements,
WASTE MANAGEMENT OF ALAMEDA COUNTY
Statements of Income
F or the Years Ended December 3 1, 1994, and 1993
1994 1993
Revenue:
Operating revenue $150,154,302 $141,289,012
Other income 348.825 403.333
150.503.127 141.692.345
Costs and expenses:
Operation expense 144.752,082 136,786,631
Interest expense, net 1. 729.692 1.457.327
146.481.774 138.243.958
Income before taxes 4,021,353 3,448,387
Income taxes 1.533.512 1.129.452
Net income $ 2.487.841 $ 2.318.935
The accompanying notes are an integral part of these financial statements.
- 4 -
WASTE MANAGEMENT OF ALAMEDA COUNTY
Statements of Stockholders' Equity
For the Years Ended December 3 1, 1994, and 1993
Capital in
Common Excess of Retained
Stock Par Value Earnings Total
Balance, December 31, 1992 $12,200 $335,214 $64,233,508 $64,580,922
Net income 2.318.935 2.318.935
Balance, December 31, 1993 12,200 335,214 66,552,443 66,899,857
Net income 2.487.841 2.487.841
Balance, December 31, 1994 $12.200 $335.214 $69.040.284 $69.387.698
Par value of common stock is $1 per share, A total of 25,000 shares were
authorized and 12.200 shares were issued and outstanding at December 31, 1994, and
1993, respectively,
The accompanying notes are an integral part of these financial statements,
~ 5 -
WASTE MANAGEMENT OF ALAMEDA COUNTY
Statements of Cash Flows
For the Years Ended December 31, 1994, and 1993
1994
Cash flows from operating activities:
Net income
Adjustments to reconcile net income to net
cash provided by operating activities:
Depreciation and amortization
Deferred taxes
Changes in operating assets and liabilities:
Accounts receivable
Inventories
Prepaid expenses
Rate revenues unbilled
Accounts payable
Deferred revenue
Accrued expenses
Income taxes payable
Landfill closing costs
Net cash provided by operating activities
$ 2,487,841
10,909,949
(30,252)
(1,451,663)
53,723
(403,806)
(3,046,793)
1,119,124
(44,674)
314,849
600,423
1. 122,684
11,631,405
Cash flows from investing activities:
Purchase of property, plant, and equipment
Deferred charges
Restricted cash
Advance account
Net cash used in investing activities
(12,838,561)
(908,179)
(1,366,367)
5.662.743
(9.450.364)
Cash flows from financing activities:
Retirement of debt
0.123.159)
Net increase ( decrease) in cash and cash equivalents
1,057,882
Cash and cash equivalents - beginning of period
(1.797.002)
Cash and cash equivalents - end of period
$ (739.120)
Supplemental cash flow information:
Cash paid for income taxes
Cash paid for interest
$ 963,344
$ 3,761,823
1993
$ 2,318,935
9,101,261
166, 108
(2,344,783)
(111,927)
172,745
, 255,544
1,568,319
30,306
(359,620)
(416,135)
2,952.057
13,332.810
(30,995,702)
(1,862,835)
(709,070)
21. 102,967
02.464,640)
(1.495.142)
(626,972)
0.170.030)
$0.797.002)
$ 1,379,479
$ 3,481,751
The accompanying notes are an integral part of these financial statements,
- 6 -
WASTE MANAGEMENT OF ALAMEDA COUNTY
Notes to Financial Statements
December 31, 1994, and 1993
1, Summarv of significant accounting policies
Business
Waste Management of Alameda County (the Company) is engaged in solid
waste collection, disposal, and recycling business in Alameda County, The
Company was acquired by WMX Technologies, Inc, in 1986 and operates as a
wholly-owned subsidiary,
Reclassifications
Certain items in the December 31, 1993, financial statements have been
reclassified to conform with the December 31, 1994, presentation, Advance
account has been reclassified to other liabilities to more accurately reflect the non-
current nature of this liability,
Cash and cash equivalents
F or purposes of the Statements of Cash Flows, the Company considers all
highly liquid short-term instruments as well as any accounts in an overdraft position
to be cash and cash equivalents,
Inventories
Inventories of truck parts, recycled materials, and fuel are valued at the lower
of cost or market on the first-in, first-out basis, Obsolete inventory is reduced to net
realizable value,
Propertv, plant and equipment
Property, plant, and equipment are carried at cost. Expenditures for
maintenance, repairs, renewals, and improvements which do not significantly extend
the useful lives of assets are charged to earnings as incurred, Automobiles, trucks,
and equipment are depreciated by the declining balance and straight-line methods,
The straight-line method is used for buildings and improvements, Depreciation
charged to operations was $10,227,594 and $8,446,944 for the years ended
December 31, 1994, and 1993, respectively, Useful lives in years are as follows:
- 7 .
WASTE MANAGEMENT OF ALAMEDA COUNTY
Notes to Financial Statements
December 31, 1994, and 1993
1, Summary of significant accounting policies (continued)
Property. plant. and equipment (continued):
Buildings and improvements
Automobiles and trucks
Drop boxes and containers
Machinery and equipment
Office furniture
10 to 40
8
10
5 to 10
5 to 10
Construction in progress includes costs incurred on land improvements,
building improvements, and landfill cell development. Interest is capitalized on these
projects during the construction period at the Company's borrowing rate. Total
capitalized interest was $1,718,655 and $1,515,964 for the years ended December
31,1994, and 1993,
Revenue
Revenue includes billings to customers, revenue earned but not yet billed to
customers, and changes in regulatory balancing accounts, These revenues give rise
to customer receivables primarily from the collection, recycling, and disposal of
municipal solid waste from a diversified base of customers including residential,
commercial and industrial customers in Alameda County,
Income taxes
The deferred income taxes in the accompanying financial statements reflect
the temporary differences in reporting results of operations for income tax and
financial accounting purposes, These temporary differences involve employee
benefits, accelerated depreciation, deferred charges, and allowance for doubtful
accounts,
2, Franchise agreements
The Company has twelve jurisdictional contracts providing the right to
exclusive collection and disposal service in these jurisdictions, Revenues realized
under these contracts comprised 85% and 88% of total revenues for the years ended
December 31,1994, and 1993, respectively, One of these contracts expires in April
of 1996, and the remainder expire between 2000 and 2005,
- 8 -
WASTE MANAGEMENT OF ALAMEDA COUNTY
Notes to Financial Statements
December 31, 1994, and 1993
2. Franchise al?:reements (continued)
Nine of these jurisdictions have entered into a joint powers agreement to
oversee the Company's rate-setting process, Management annually submits an
application to the Joint Refuse Rate Review Committee (JRRRC) which reviews and
recommends rates to each member jurisdiction,
The JRRRC sets the rate of after-tax profit allowed for the operations which
it regulates. For the year ended December 31, 1994, the JRRRC set regulated
profits using a pre-tax operating ratio of91.6% of allowed expenses, Prior to 1994,
allowed profits were based on a rate of return- on-equity, For the year ended
December 31, 1993, the rate of return on equity was 10,0%.
The Company entered into a new franchise agreement with the City of
Livermore, effective July C 1993, This agreement provides the right to exclusive
collection, recycling, and disposal service through June 30, 2000, with an option to
extend up to 36 months, Allowed profit is calculated on a pre-tax operating ratio
basis at a rate of 92,5% of allowed expenses, Pre-tax profit allowed under this
contract amounted to $498,003 and $255,544 for the twelve months ended
December 31, 1994, and 1993 , respectively,
The Company's franchise agreements with the cities of Fremont, Newark,
and Union City expired as of August 31, 1994, Revenues earned under these
contracts during 1994 were $12,608,994, $4,350,921, and $5,768,103 from
Fremont, Newark, and Union City, respectively. The Fremont contract was awarded
to another company. Newark continues to receive services from the Company under
the terms and conditions of the prior contract and is negotiating a new contract with
the Company effective April 1, 1995, Union City executed a new contract with the
Company effective January 1, 1995,
The provisions of Statement of Pin an cia I Accounting Standards No, 71,
"Accounting for the Effects of Certain Types of Regulations" requires that those
revenues allowed under the rate-making process be recognized as earned income in
the current period. Any differences between allowed revenues and actual revenues
are accumulated as "rate revenue unbilled," Service rates are adjusted to equalize
billed revenues with allowed regulatory revenue requirements. As a result of this
process, the Company's revenue increased $1,026,589 and decreased $255,544 for
the years ended December 31, 1994, and 1993, respectively.
- 9 -
WASTE MANAGEMENT OF ALAMEDA COUNTY
Notes to Financial Statements
December 3 1, 1994, and 1993
3, Deferred charges
Deferred charges, net of amortization consist of the following:
Cost oflong-term contracts
Financing costs
Recycling program start-up costs
Covenant not to compete
Goodwill
Other
1994
$ 215,652
189,533
605,765
195,000
1,715,272
840,456
$3.761.678
1993
$ 273,159
221, 121
1,133,895
200,000
835.257
426,834
$3.090.266
Remaining Period
of Amortization
8 years
10 years
Life of program
4 years
40 years
..
Amortization expense amounted to $682,355 and $654,317 for the years
ended December 3 1, 1994, and 1993, respectively,
4, Accrued landfill closure and post-closure costs
The Company has projected that the costs of closure and post-closure
monitoring at the Tri-Cities and Altamont landfills (Fill Area 1), in accordance with
regulatory requirements, will approximate $24,5 million and $37.4 million,
respectively, Altamont closure costs relate to Fill Area 1 only -- additional fill areas
are expected to be permitted, The closure costs will be incurred at the point in time
when landfill capacity has expired; post closure monitoring costs will be incurred for
a period of up to 30 years after landfill closure, Current estimates of available
capacity and projected volume put the closing date of Tri-Cities landfill at 2001. Fill
Area 1 of the Altamont landfill is expected to close in 2005,
Estimates for closure and post-closure monitoring are revised each year to
reflect changes in California and federal environmental regulations, as well as
changes in anticipated costs to meet those regulations, Following is a table of the
estimates oflandfill closure and post-closure costs:
- 10 -
WASTE MANAGEMENT OF ALAMEDA COUNTY
Notes to Financial Statements
December 3 1, 1994, and 1993
4, Accrued landfill closure and post-closure costs (continued)
1994
Tri-Cities:
Closure
Post-closure
Total Tri-Cities
Altamont:
Closure
Post-closure
Total Altamont
Total closure and post.closure
$ 8,154,400
16.309.300
24.463.700
17,289,100
20.137.900
37,427.000
$61.890.700
1993
$ 7,191,000
15.658.000
22.849.000
19,306,000
17.763.000
37.069.000
$59.918.000
It is the Company's policy to accrue closure and post-closure monitoring
costs on a per ton basis, based on total projected costs and the site capacity
remaining, Changes in the accrual rate due to cost projection or site capacity
changes are adjusted prospectively as long as the costs are recoverable through
future revenues, Total closure and post closure expenses recognized in the years
ended December 31, 1994, and 1993, were $3,313,477 and $2,952,057,
respectively.
The JRRRC allowed the Company's accruals to be absorbed under the rate
structure for the first time in 1993, The Company entered into agreements with
several franchises within the JRRRC, which use the Altamont landfill, requiring that
funds collected under the rate structure for closure and post-closure costs be set
aside in escrow accounts, Funds collected and set aside for closure and post-closure
were $2,080,599 and $711,832 as of December 31, 1994, and 1993. These funds
are included in restricted cash, Similarly, a trust fund was established in 1983 for
Tri-Cities closure and post-closure costs, which is under the custody of those cities
using the facility, As of December 31, 1994, the off-balance sheet trust fund had
$5,398,000 available for closure and post-closure liabilities at the Tri-Cities landfill.
Prior closure and post-closure accruals by the Company through December
31, 1992, were not passed through the rate structure and have been recorded as
deferred landfill closure costs, Similarly, in 1994, $2,710,000 was accrued and
added to deferred landfill closing costs to reflect the liability ofTri-Cities up to the
August 31, 1994, franchise expiration. It is management's position that the
responsibility for funding the closure and post.closure monitoring of the landfill lies
with the ratepayers, The deferred costs will be amortized as the rate structure
allows closure and post closure expenses,
- 11 -
WASTE MANAGEMENT OF ALAMEDA COUNTY
Notes to Financial Statements
December 31, 1994, and 1993
5, Income taxes
Income tax provisions for the years ended December 3 1, 1994, and 1993, are
compdsed of the following:
Federal current
State current
Federal and state deferred
1994
$1,173,190
390,574
(30.252)
$1.533.512
1993
$ 676,985
286,359
166.1 08
$1.129.452
The deferred income taxes reflect the temporary differences in reporting
results of operations for income tax and financial accounting purposes, These
deferred tax assets (liabilities) include the following:
1994
Current deferred taxes:
Employee benefits
Allowance for doubtful accounts
$ 1,259,873
169.812
$ 1.429.685
Noncurrent deferred taxes:
Accelerated depreciation
Deferred charges
$(3,370,107)
(305.028)
$(3.675.135)
1993
$ 1,116,762
111.315
$ 1.228,077
$(2,869,443 )
(634.336)
$(3.503.779)
The effective income tax rate at December 31 was 38,1 % in 1994 and 32,8%
in 1993, These rates differ from the statutory rates of 3 5% in 1994 and 1993,
because of state income taxes, certain energy credits, and minor permanent
differences.
6, Long-term debt
1994
Notes payable to former shareholders
(unsecured) in various monthly installments
plus interest accrued on unpaid principal at
7% - 9% per annum. These notes represent
the financing of common stock purchased,
$ 864,016
- 12 -
1993
$ 1,122,399
WASTE MANAGEMENT OF ALAMEDA COUNTY
Notes to Financial Statements
December 31, 1994, and 1993
6, Long-term debt (continued)
1994
1993
Notes payable for trucks (secured by
property purchased at 9,12% - 9,5%).
$ 455,224
$
Obligations under California Pollution Control
Financing Authority, Pollution Control Revenue
Bonds, 1979 Series A at 8% (see below):
Less current maturities of long-term debt
10,480.000
11,799,240
1.658.961
$10,140.279
11.800,000
12,922,399
1,556.282
$11.366.117
The anticipated principal payments required on the Company's long-term
debt during the next five fiscal years and thereafter are:
1995
1996
1997
1998
1999
Thereafter
$1,658,961
$1,780,210
$1,884,766
$1,947,297
$2,061,622
$2,466,384
In February, 1979, the California Pollution Control Financing Authority
issued and sold $18,620,000 of Pollution Control Revenue Bonds (Oakland
Scavenger Company Solid Waste Disposal Project 1979 Series A), The proceeds
from the sale financed the construction of the Company's Solid Waste Disposal
Transfer Station complex and the purchase of related machinery, equipment, and
specialized transfer vehicles. Security for this financing is provided by liens upon the
transfer station, certain real property operated as a sanitary landfill, the transfer
vehicles, certain other equipment acquired, and certain accounts receivable. The
bonds are subject to quarterly sinking fund payments equal to one-fourth the annual
amount payable as principal plus interest.
Bond retirements were $1,320,000 and $1,225,000 for the years ended
December 31, 1994, and 1993, respectively, The Companyis required to maintain a
bond reserve fund in a bank in the amount of the maximum annual debt service
which was $2,222,400 at December 31, 1994, and $2,224,800 at December 31,
1993.
- 13 .
WASTE MANAGEMENT OF ALAMEDA COUNTY
Notes to Financial Statements
December 31, 1994, and 1993
6, Long-term debt (continued)
There are other covenants associated with the Secured Note Indenture such
as maintenance of certain balance sheet ratios and limits, limitations on additional
indebtedness which must meet historical and projected debt service tests, availability
of net revenue for debt service, a debt coverage provision, operating equipment
replacement covenant, and a shareholder distribution covenant. The Company was
in compliance with all covenants as of December 31, 1994, and 1993.
7 Pension plans
The Company makes contributions to five separate pension plans, Three of
these plans are union sponsored, collectively bargained, multi-employer pension
plans, One plan is a Company sponsored defined benefit plan covering eligible non-
union clerical and management personnel hired prior to January 1, 1988, The
remaining plan is a defined benefit pension plan sponsored by the Company's parent,
covering eligible non-union employees hired on January 1, 1988, and thereafter.
The multi-employer pension plan provides retirement, death, and termination
benefits for the union members it represents, The Company's contributions to multi-
employer pension plans for years ended December 31, 1994, and 1993, were
$3,564,956 and $3,437,942, respectively,
The Company sponsored defined benefit pension plan provides retirement,
termination, and death benefits based on the employee's years of service and
compensation. The Company's funding policy is to fund annually the maximum
amount that can be contributed for federal income tax purposes,
Net annual periodic pension expense for 1994 and 1993 included the
following components:
Service costs-benefits earned during the year
Interest cost on projected benefit obligation
Return on plan assets (gain)/loss
Net amortization and deferral
Net periodic pension expense
1994
$ 465,861
279,891
158,376
(338,842)
$ 565.286
1993
$ 358,316
249,215
(362,250)
283.795
$ 529.076
- 14 -
WASTE MANAGEMENT OF ALAMEDA COUNTY
Notes to Financial Statements
December 31, 1994, and 1993
7, Pension plans (continued)
Assumptions used in accounting for the pension plan are as follows:
1994 1993
Discount rates
Average rate of increase in compensation levels
Expected long-term rate of return on assets
7.25%
4.00%
7,75%
5,75%
4.00%
7.75%
The following table sets forth the plan's funded status and the amount
recognized in the Company's balance sheets at December 31, 1994, and 1993:
1994 1993
Actuarial present value of benefit obligations:
Vested benefits .
Non-vested benefits
Accumulated benefit obligations
Plan assets at fair value
Projected benefit obligation in excess
of plan assets
Unrecognized net gain (loss)
Prior service cost not yet recognized
Unrecognized transition obligation being
recognized over a minimum of 14 years
Pension plan liability
$3,816,229
312.805
4,129,034
3.643.126
(485,908)
(591,222)
715,163
94.333
$ (267.634)
$4,414,085
507.528
4,921,613
3.435.015
(1,486,598)
593,237
665,468
111.705
$ (116.188)
Pursuant to the provisions of Statement of Financial Accounting Standards
No, 87, the Company has recorded an adjustment to recognize a minimum pension
liability in the amount of$218,274 and $1,370,410 as of December 31,1994, and
1993, respectively, A corresponding, offsetting noncurrent asset, "Deferred Pension
Costs," has been recorded in other assets,
The Company makes contributions to the plan sponsored by its parent at a
rate of 3,5 percent of gross salary of the participating employees, The funding
policy of the plan is to contribute annually the maximum amount that can be
contributed for federal income tax purposes, The Company's contributions to this
plan were $225,761 and $195,425 for the years ended December 31,1994, and
1993, respectively,
- 15 -
WASTE MANAGEMENT OF ALAMEDA COUNTY
Notes to Financial Statements
December 31, 1994, and 1993
8, Operating leases
The Company leases a recycling facility and certain data processing
equipment under operating leases expiring at various dates through April of 2000,
Minimum lease commitments for the next five years and thereafter are as follows:
1995
1996
1997
1998
1999
Thereafter
$444,640
$458,640
$244,520
$260,020
$268,800
$ 91,600
Rent expense under operating leases was $431,440 and $493,089 for the
years ended December 31:'1994, and 1993, respectively,
9, Related party transactions
WMX Technologies, Inc, provides certain management, administrative,
engineering, and chemical waste disposal services to the Company, Charges for
these services amounted to $4,426,986 and $5,597,845 at December 31, 1994, and
1993, respectively.
Advance account represents intercompany charges and credits involving cash
transfers and other transactions between the Company, WMX Technologies, Inc"
and other affiliates, The advance account bears interest at a rate of 5,76%, The
Company was charged net interest expense of $2,513,513 and $2,343,970 for the
years ended December 3 1, 1994, and 1993, respectively based on a combination of
its net tangible assets and its advance account balance,
10, Statement of cash flows disclosure
Non-cash operating transactions for the years December 3 1, 1994, and 1993,
are as follows:
The Company accrued landfill closing costs and charged deferred
landfill closing costs in the amount of $3,3 51 ,290 for the year ended
December 31, 1994, See discussion in Note 4,
- 16 -
WASTE MANAGEMENT OF ALAMEDA COUNTY
Notes to Financial Statements
December 31, 1994, and 1993
10. Statement of cash flows disclosure (continued)
Certain deferred charges totaling $478,411 were transferred to the
Company's parent through the advance account.
The pension liability and corresponding deferred pension cost were
reduced by $1,152,136 and $289,174 during the year ended December
31, 1994, and 1993. See discussion in Note 7.
Certain non-franchised fixed assets acquired in an asset purchase
transaction were revalued during 1994 resulting in an increase to
goodwill and reduced fixed asset cost amounting to $923,995.
11. Lel?:al and re~latory matters
The Company is involved in a dispute with the Department of Toxic
Substances Control (DTSC) regarding the 1985 closure and termination of a
hazardous waste permit. The Company has provided the DTSC with documentation
supporting the position that the hazardous waste area was properly closed and the
permit effectively terminated. DTSC has not taken a final position, IfDTSC
attempts to assess civil penalties for failure to properly close a hazardous waste site,
the Company would vigorously contest the claim.
During 1994, an Oakland recycler filed a $36 million anti-trust suit against
WMX Technologies, Inc. and the Company. The recycler claims that actions by the
Company forced the recycler out of business. Management believes that the claim is
without merit and intends to contest it vigorously, This litigation is in the
preliminary stages,
On April 3, 1994, Zephoria Smith filed a lawsuit against the Company
alleging discrimination and various other claims as a result of her termination on
April 15, 1993, The plaintiff seeks approximately $750,000 in unspecified damages.
Management believes this claim is without merit and intends to contest it vigorously.
On June 10, 1994, Louis and Eleanor Appling filed a lawsuit against the
Company alleging fraud, breach of contract, and various other claims with regard to
a recycling materials processing subcontract. The plaintiffs seek general and special
damages in excess of $1 million and unspecified punitive damages. Management
believes this claim is without merit and intends to contest it vigorously.
- 17 -
WASTE MANAGEMENT OF ALAMEDA COUNTY
Notes to Financial Statements
December 31, 1994, and 1993
11, Legal and regulatory matters (continued)
In the ordinary course of conducting its business, the Company becomes
involved in other lawsuits and administrative proceedings. Some of these
proceedings may result in fines, penalties or judgments being assessed against the
Company which, from time to time, may have an impact on earnings. It is the
opinion of management that the aforementioned proceedings, individually or in the
aggregate, will not have a material adverse effect on the Company's financial
position.
- 18 -
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d. Exceptions to Proposed Business Terms and Conditions
in the Draft Franchise Agreement
Livermore Dublin Disposal does not have any exceptions to the proposed terms and conditions.
as outlined in theDraft Franchise Agreement.' We anticipate that ~dditional items may Come up
. for discussion during negotiation of ' a final contract, and we would be happy to. respond to such
items at that time. . '
@ Livennore Dublin Disposal
Proposal
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ATI ACHMENT 5
. ANTI-COLLUSION Al"rIUA VIT -
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. January 25, 1.~5
Att,achment 5 '
ANTI-COLLustON AFFIDAVIT
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,The following affidavit is submitted by Propose; as apart of this proposal:
The undersigned deponent, of lawful age, being duly sworn, upon his oath deposes and r
'says: that he has'lawful authority to execute the within'and foregoing proposal; that he has
executed the same by subsaibing his name hereto under oath for and on behalf of said I
proposer; that proposer has not directly or indirectly entered into any agreement, express
or implied, with any proposer or proposers, having for its object the controlling of the
price or amount of such proposal or proposals, the limiting of the proposals or proposers,
the parceling or farming out to any proposer or proposers or other persons of any part of
the contract or any part of the Subject matter of the proposal or'proposals or of the profits
thereof, and that he has not and will not divulge the sealed proposal to any person
who~oever, except those having a partnership or othe~ financial interest with him in
said proposal or proposals, until after the said sealed proposal or proposals are opened.
!
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My Commission expires:
Deponent further states that the proposer has not been a party to any collusion among
proposers in restraint of freedom of competition; by agreement to' make a proposal at a,
fixed price or to refrain from submitting a proposal; or with any state official or employee
as to quantity, quality, or price in the prospecti~e contract; or in any discussions between
proposers and. any City official concerning exchange of money or other things of value for
speci~ consideration in the letting of a contract; that the proposer/contractor has not paid,
given or donated or agreed to pay, give or donate.to any official, officer or employee of the
City directly or indirectly, in the procuring of the award of contract pursuant to this
proposal.
Executed under penalty of perjury on ~s .;J. 2s' day of {e..h , qr at ~
. . . SiGNED G~/ --- !
-:t: ';LA~~"'-"~:l BY' ()(~~ \6 c r-~~~ ' . l
CllIIIm, . 973280 . <' j Name of Proposer , . ,
NOTARY PUllUC CAtrCRto\ c; ,
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Subscribed and swo-;'.';~"b;i~~e me this ~X' day of .Cc b., q5- , at -
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Notary Public
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January 25, 1995
ATTACHMENT 6,
EEOCERTIFICATION ,.
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January 25, 1995
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Attachment 6!
. NOTICE
THIS C9MPANY IS AN EQUAL OPPORTUNITY.R1PLOYER
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Bidders are required to accept the following operating policy for Equal Employment or'
submit their own. '
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. Dated: r j~ v-cvf .2'5
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"It is the policy of this Company to assure that applicants are employed and that
employees are tre,ated during employment without regard to their race, religious creed, !
~olor, sex; age, national origin or ancestry. Such action shall include but not be limited to, !,
,employment upgrading, demotion or transfer, recruitment or recruitment advertising,
lay--off or termination; rates df pay ,or other forms of compensation; and selection for . [
trainin~ including apprenticeship, pre-apprenticeship training and on.the-job training."
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I q /\ ~ By; A. I\)e.("'..~j' e... U~Uc.n\ ~-., \J 1.5~,'-.) l' /.L. ~ I\J~~
Legaltlame ofCo~~actor J ,'S- j)/~ (1...)
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ATI ACHMENT 7
, NOTARY'S CERTffiCATION
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January 25, 1995'
Attachment 7[
NOTARY'S CERTJFJCATION 'f
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STATE OF CALIFORNIA)
COUNTY OF ill [i I'rl~ cf ~ ' ) 5S:
. O~;; /,98/95;" ,. . before me, the undersigned, a Notary Public in and
for the, State of Califo~a, personallyappeared. . Da n. (2;(J(9~t;, .{()Y"' /-t'I/~ ,-'more
Oil hllm' O'-->/}t'StJl {{ Al'."'SC'/ '^f L(I(Ic:;/...... i?1/.t,!}pm~~:(,.. i IIh,/'r.--!a . known to me to be
~e 0,\,;'$ /L'11 f're"<n rl ~~,f t,,,-,,.r C;~,~~,-,-,/ Intu:"f.c.Of Proposer ~~L~C1S:ted the wi~
mstrument on behalf of the Proposer therem named,.- and ~cknowledged to me that
such Proposer executed the same. .
, .
IN WITNESS WHE'REOF, I have hereunto set my hand and affixed my official seal in
the County of ...ill (I r)i-€. t/u . this':<x- day of. C e h, '. 1997:-
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Notary Public
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NOTAA'( PUlUC CAlJ'CINl <
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My OlIUlussion Exprres:....",.....
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Jan~ary 25/ 19951
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
NO 5907
State of Cu I " ~O ( &0 . i' Q
County of' 0 l G\ V}I/.f'J ~
On ~ I :;)8/ q!J-
before me,
, R I + Ii-. C ( 0 r 1\
NAME, TITLE OF OFFICER. E_G.. "JANE DOE, NOTARY'PUBLIC"
R [.: (~ -€ ) ,
. NAME(S) or: SIGNER(S)
D personally. known to me ~ OR - ~ proved to me on the basis of satisfactory eV,i~ence
" . .. to be the person~ whose nameH) ...!.?/are
. subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/he'r/their, a'uthorized
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capacity~, and that. by' his/her/their
signature~ on the instrument the person(st,
or the entity upon behalf of which the
person(s) acted, execu~ed the instrument.
DATE
personally appeared
,Don
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WITNESS my hand and official seal.
Oft0 dJc
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to perSons relying on the document and could prevent
fraudulentrealtachment of this form, ' - ,
CAPACITY CLAIMED BY SmNER
DESCRIPTION OF ATTACHED DOCUMENT
wr INDIVIDUAL
O' CORPORATE OFFICER
Hit/it - C () II U? I ''n? Il-fl;dH-v, T
TITLE OR TYPE OF DOCUMENT
TlTLE(S)
D PARTNER(S)
D LIMITED
D GENERAL
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NUMBER OF PAGES
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D ATTORNEY-iN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
~/:;L5 /tfJ-
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
rJAME OF PERSON(S) OR nmTY(lES) ,
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SIGNER(S) OTHER THAN NAMED ABOVE
1!:l1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave,: P,O, Box 7184. Canoga Park, GA 91309.7164
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EXHIBIT 2
PUBLIC FACILITIES
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June 13, 1995
Exhibit 2
CITY OF DUBLIN
EXHIBIT 2
Services to be provided to the City of Dublin pursuant to Section 4.1.4 "City Facilities Collection,"
The City shall reserve the right to request the elimination of free services at any of the locations
through a written request by the City Manager and/ or Designee. As agreed by Contractor, City
may also request a change in container size or frequency at the locations listed. In addition,
Contractor shall agree to extend similar services to an which the City may add or acquire during
the term of this Agreement. The following are all locations where government activities are
taking place.
(A) PUBUC SIDEW AU< LITTER CONTAINERS
Dublin Boulevard
1 can
1 can
1 can
1 can
1 can
1 can
2 cans
2 cans
South Side at Dublin Court
North Side west of Dublin Court (Pal< N Save Entrance)
North Side at DSRSD offices
South Side east of Village Pkwy. (McCloud's Pet Emporium)
South Side east of Village Pkwy. (Carl's Jr.)
South Side west of Golden Gate (Great Western)
North Side west of Golden Gate (Montgomery Ward)
South Side east of Regional (Burger King)
Village Parkway
1 can East Side north of Lewis (Midas Muffler)
1 can West Side south of A VB (Oil Changers)
1 can East Side north A VB (AM/PM)
1 can East Side north of Brighton (DHS)
1 can West Side south of Davona (opp. Swim Center)
(B) GREEN WASTE
5600 Scarlett Court (Corporation Yard) and as arranged at park location with City Staff.
Annual leaf clean-up at Heritage Center (Donlon Way).
(C) SPECIAL EVENTS
(a) St. Patrick's Day Festival and as arranged by City Staff.
(D) PARK LITTER CONTAINERS
(No individual collection at this time) - See Section (A) above, or waste is transported to
Corporation Yard by Maintenance Contractor.
Jrme 13, 1995
(E) SERVICES TO CITY FACILITlES
Garbage Collection
Quantity
1
1
1
2
1
1
2
1
Service-Weekly
3 yard bin
6 yard bin
2 yard bin
4 yard bins
4 yard bin (on wheels)
3 yard bin
4 yard bins
4 yard bin
Office Paper Re<;yclin~
Location
7494 Donahue (Fire Station No.1)
Dublin Sports Ground
8151 Village Parkway (Valley Swim Center)
11600 Shannon Ave. (Shannon Park & Community Center)
Scarlett Ct. Terminus (City Corporation Yard)
7437 Larkdale Avenue (Dublin Senior Center)
Dublin Blvd. @ Sierra Ct. (Civic Center)
6600 Donlon Way (Heritage Center)
Civic Center (office paper)
Shannon Center (office paper /newspaper)
June 13, 1995
EXHIBIT 3
INITIAL RATES
June 13, 1995
DRAFT
6/1/95
PROPOSED
EXHIBIT A
CITY OF DUBLIN
RATES FOR GARBAGE COLLECTION & DISPOSAL SERVICES CONDUCTED PURSUANT TO
A FRANCHISE AGREEMENT BETWEEN THE CITY OF DUBLIN AND
WASTE MANAGEMENT OF ALAMEDA COUNTY
I. EFFECTIVE DATE
The rates shown for the collection of refuse within the City of Dublin are effective as stated within each
section of this Exhib~t. All rates shall be effective January I, 1996.
II, RESIDENTIAL SERVICE
A. Minimum Residential Collection Cost
Minimum residential service shall apply separately to each unit within a duplex or other attached
housing, which receives individual garbage collection services. The rates shown below shall apply
to the initial 35 gallons of garbage capacity, including once per week collection and disposal.
Additional services described in Section II (B) are also provided as part of the minimum service.
35 gallon Company provided automated container
Monthly Cost
$ 9,50
B. Additional Services Provided to Residential Customers
1) Annual Clean-ups (Agreement Section 4,1.6)
The above rates shall include three (3) annual residential cleanups. Dates of said c1ean.ups
shall be at the discretion of the City upon reasonable notice to the Company, The rules
regulating the special clean.up shall be approved by the Contractor and the City Manager or
his/her designee. The provision of these services shall comply with Section 4.1,6 of the
Agreement between Company and City,
2) Residential Recycling (Agreement Section 4.2.2)
The residential Basic Services shall include weekly curbside recycling in accordance with
Section 4,2,2 of the agreement between Company and City, Full implementation of recycling
materials collection shall be on or before September II, 1995, unless otherwise agreed by
City,
3) Green Waste (Agreement Section 4.3.1)
In accordance with Section 4.3.1 of the Agreement between Company and City, weekly
curbside collection of green waste is included as a Basic Service. Collection shall include a
company provided 64 gallon container. Full implementation of this service shall occur on or
before January 8,1996, unless otherwise agreed by City.
C. Payment and Rillinll for Minimum Residential Service
City shall make arrangements to collect assessments on the property tax bill for all services
identified in Section A above. Further, payment for said services shall be made to Company by
City pursuant to agreements and ordinances regulating solid waste collection. City may subsidize
the cost of services with funds other than those collected on the property tax.
D. Additional Garha~e CollectionlJ)il1posa] Capacity
Residents may obtain additional garbage collection/disposal capacity beyond those provided in
Section A above, Company shall be responsible for billing and collection of fees for the additional
capacity. The following represents the incremental charge for additional capacity:
Total Can Size
Additional Capacity (Additional + Basic)
Gallons (Section D + A)
29 64 gallon
61 96 gallon
96 (1) 35 gal + (1) 96 gal
125 (1) 96 gal + (1) 64 gal
157 (2) 96 gal
Each additional increment shall be $7.50 per month.
Additional Monthly 1
Charge billed by Company
$7.50
$15.00
$22.50
$30.00
$37.50
DRAFT 611/9S
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E.
Special Services
Large accumulations:
Special Pick.ups:
$9.80 per cubic yard
$12.00 minimum per pick-up
III. DESIONA TION OF POINT OF COLLECTION
/
For Single Family Residential Service, the above rates shall be for curbside semi-automated garbage and
Green Waste collection. The Curbside Residential Recycling Program requires that containers be placed in
a location which can be easily seen and readily accessible, within five feet from the curb. Company shall
provide containers for garbage, green waste and recycling services in accordance with Agreement between
City and Company.
IV. COMMERCIAL AND MULTIFAMIlY BIN SERVICE
A. The following rates include collection, disposal, and bin rental at commercial establishments and
multifamily projects serviced by centralized bins. The rates shown are for a monthly period. All
charges are based upon bins being filled no higher than water level. The Total Rates shall be
effective for all billings issued as of January I, 1996,
Excess rate for waste which exceeds water level: $9.80 per yard.
COMMERCIAL
RATE ICUBIC YD $29.15 PROPOSED
Frequency Factor $7.20 1996 Rate
Size/#lY ARDS #I TimeslWk Total Per Month
I I $29.15
I 2 $65.50
1 3 $101.85
1 4 $138.20
1 5 $174.55
2 I $58.30
2 2 $123.80
2 3 $189.30
2 4 $254.80
2 5 $320.30
3 I $87.45
3 2 $182.10
3 3 $276.75
3 4 $371.40
3 5 $466,05
4 I $116.60
4 2 $240.40
.4 3 $364.20
4 4 $488,00
4 5 $611.80
6 1 $174.90
6 2 $357,00
6 3 $539.10
6 4 $721.20
6 5 $903.30
7 I $204.05
7 2 $415.30
7 3 $626.55
7 4 $837.80
7 5 $1,049.05
DRAFT 6/1195
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B. Commercial Can Service
Commercial locations unable to accommodate a commercial bin or with volumes deemed
insufficient to utilize a commercial bin may subscribe to service on a per container basis shall be
charged the following monthly rates according to the size of the container serviced. The following
rates arc effective January I, 1996:
35 Gallon container (Standard Container)
64 Gallon container (Oversized Container)
96 Gallon container (Oversized Container)
Monthly Cost
$ 8,00
$14.60
$21.95
C. Multi-Family Recycline Service
Multi-Family Rates for Recycling are charged by the Company on the number of units located in
the complex, .
Monthly Cost
$0.50 per unit
V. HANnY HAUI.RR
The following rates apply to the collection of a 4 cubic yard Handy Hauler Collection Bin, and arc effective
January 1, 1996.
Total Cost for Placement, One Week
Bin Rental & Disposal of Container
filled no higher than water level
$50.00
Rental Cost beyond first week
$10.00 per week
Cost for Additional Dump
$39,00
Excess Charge for Bin Filled higher
than water level
$9,80 per yard
VI. DROP ROX
The following rates shall be charged for drop box services rendered. The cost shall be on a per pick-up
basis and costs are based upon the load not exceeding the water leveL Certain miscellaneous charges as
noted in subsection (H) may also apply.
A.
6 Cubic Yard Container
CDirtlRocklDebris)
The pick.up cost of this
container shall be the same as the 14 yard
container due to the weight accommodated.
$137.10
Proposed
B.
14 Cubic Yard Container
Base = $9,80/cubic yard
$137.10
c.
20 Cubic Yard Container
Base = $9,80/cubic yard
$195,80
D.
30 Cubic Yard Container
Base"" $9,80/cubic yard
$293.75
E.
40 Cubic Yard Container
Base = $9,80/cubic yard
$391.65
F.
Excess Rate Per Cubic Yard
If container loaded above
water level.
$9.80
G.
COmpacted Rate Per Cubic Yard
For service and collection of
compacted materials, the total rate
shall include cubic yard rate.
$19,60
DRAFT 6/1/95
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H. Miscellaneous Charee:i
The following charges are in addition to the container charges described above.
1. Plasher Charge $12.00 PER PLACEMENT
2. Initial Placement Charge $23,00
3. Weekly Container Rental Fee
Beyond 1st Week $14.00.
4, Daily Container Rental Fee
After First Week $2,OO/day. /
5. Stand.by Time $80.00 per hour
6. Relocation Fee $35.00 per request
7. Cancellation of Automatic Collection
without 24 hours notice $45.00
.Note; Container rental charges are waived if the following service frequency is maintained:
Service Level
6 yardll4 yardl20 yard
30 yard
40 yard
Frequency
4 pulls/month
3 pulls/month
2 pulls/month
g:f!nance\per\exbtaga3.4Qc
DRAFT 61II9S
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EXHIBIT 4
FAITHFUL PERFORMANCE BOND
June 13, 1995
Exhibit 4
Company's Faithful Performance Bond
KNOW ALL MEN BY THESE PRESENTS:
That I a California I as PRIN"CIP AL, and
I a Corporation organized and doing business by virtue of
the laws of the State of California, and duly licensed for the purpose of making, guaranteeing, or
becoming sole surety upon bonds or undertakings required or authorized by the laws of the State
of California, as SURETY, are held and firmly bound to City, hereinafter called OBUGEE, in the
penal sum of One Million and No/I00 Dollars ($1,000,000.00) lawful money of the United States,
for the payment of which, well and truly to be made, we and each of us hereby bind ourselves, and
our and each of our heirs, executors, administrators, successors, and assigns, jointly and severally,
firmly by these presents.
NOW, lHEREFORE, lHE CONDmON OF TIllS OBUGATION IS SUCH mAT:
WHEREAS, the above bounden PRlN'CIP AL has entered into a contract, entitled
'COLLECTION, PROCESSll\TG, DIVERSION AND DISPOSAL OF SOUD WASTE" with City, to do
and perform the following work, to wit Collect Solid Waste generated within City, in accordance
with the contract.
NOW, THEREFORE, if the a150ve bounden PRINCIPAL shall well and truly perform, or
cause to be performed each and all of the requirements and obligations of said contract to be
performed by said PRINCIPAL, as in said contract set forth, then this BOND shall be null and
void; otherwise it will remain in full force and effect.
And the said Surety, for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract or to the work to be performed
thereunder or the specifications accompanying the same shall in any wise affect its obligations on
this BOND, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the contract or to the work or to the specifications.
ll\T WTINESS WHEREOF, said PRIN"CIP AL and said SURETY have caused these presents to
be duly signed and sealed this DAY OF 1199_.
a California Corporation
SURETY
By:
By:
(PRIN"CIP AL)
(SEAL)
(ATTORNEY ll\T FACT)
(SEAL)
June 13, 1995
EXHIBIT 5
NOTARY CERTIFICATION
June 13, 1995
Exhibit 5
NOTARY CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF
) ss:
On I before me, the undersigned, a Notary Public in and for the
State of California, personally appeared
I known to me to be the
of Proposer that executed the within instrument on
behalf of the Proposer therein named, and acknowledged to me that such Proposer executed
the same.
IN WTINESS WHEREOF, I have hereunto set my hand and affixed my official seal in the
County of this day of
Notary Public
My Commission Expires:
June 13, 1995
EXHIBIT 6
CALCULATION OF COMPANY'S COMPENSATION
FOR 1B..MONTH PERIOD ENDING JUNE 30, 1997
June 13, 1995
CALCULATION OF COMPANY'S COMPENSATION
FOR 1S-MONTH PERIOD ENDING TUNE 30, 1997
Year 1 Annual Cost per Company Proposal
$2,557,328
Less:
One (1) Annual Clean.up
Green Waste Vehicle Depreciation ($198,900/8 years)
Green Waste Container Depreciation ($287,100/10 years)
Interest on Green Waste Vehicle and Containers
Profit on Green Waste Vehicle and Containers
(20,000)
(24,864)
(28,710)
(31,971)
(4,976)
$(110,521)
$2,446,807
Adjusted Year 1 Cost
Add:
City Franchise and Administrative Fees @ 14.6%
418,307
Total Year 1 Company Compensation
Year 2 Annual Cost per Company Proposal
$2,576,944
Less:
One (1) Annual Clean-up
Green Waste Vehicle Depreciation ($198,900/8 years)
Green Waste Container Depreciation ($287,100/10 years)
Interest on Green Waste Vehicle and Containers
Profit on Green Waste Vehicle and Containers
(20,000)
(24,864)
(28,710)
(25,983)
(4,976)
$(104,533)
$2,472,411
Adjusted Year 1 Cost
Add:
City Franchise and Administrative Fees @ 14.6%
$422,684
$2,895,095
Total Year 2 Company Compensation
On~Half Total Year 2 Company Compensation
Initial Eighteen (18) Month Company Compensation
Exhibit 6
$2,865,114
$1,447 S48
$4,312,662
June 13, 1995
EXHIBIT 7
CALCULATION OF COMPANY'S COLLECTION COMPENSATION
FOR 12-MONTH PERIOD ENDING JUNE 30, 1998
June 13, 1995
Exhibit 7
CALCULATION OF COMPANY'S COLLECTION COMPENSATION
FOR 12-MONTH PERIOD ENDING JUNE 30. 1998
Year 2 Annual Cost Before Disposal Expense
per Company's Proposal
$2,000,563
Less:
One (1) Annual Clean-up
Green Waste Vehicle Depreciation ($198,900/8 years)
Green Waste Container Depreciation ($287,100/10 years)
Interest on Green Waste Vehicle and Containers
Profit on Green Waste Vehicle and Containers
(20,000)
(24,864)
(28,710)
(25,983)
(4,976)
$(104,533)
Adjusted Year 2 Annual Cost Before Disposal Expense
$1,895,830
Multiplied by One-Half
"'1/2
First Half Adjusted Year 2 Annual Cost Before Disposal Expense
$947,915
First Half Adjusted Year 2 Annual Cost Before Disposal Expense
$947,915
Multiplied by Inflation Adjustment (80% of 3% Change in CPI)
1.024
Second Half Adjusted Year 2 Annual Cost Before Disposal Expense
970,665
Total Year 2 Company Collection Compensation Before City Fees
$1,918,580
Add:
City Franchise and Administrative Fees @ 14.6%
328,001
Total Year 2 Company Collection Compensation
$2,246,581
June 13, 1995
EXHIBIT 8
CALCULA nON OF COMPANY'S DISPOSAL COMPENSATION
FOR 12-MONTH PERIOD ENDING JUNE 30, 1998
June 13, 1995
Exhibit 8
CALCULATION OF COMPANY'S DISPOSAL COMPENSATION
FOR 12-MONTH PERIOD ENDING TUNE 30. 1998
Year 2 Disposal Expense per Company Proposal
$576,581
"'1 /2
$288,291
17.51
1.03
$18.04
11.24
$29.28
10.028
293 .605
$581,896
Multiplied by One-Half
First Half Year 2 Disposal Expense
Year 2 Base Rate
Multiplied by Inflation Adjustment (3% Change in CPD
Adjusted Year 2 Base Rate
Plus Year 2 Fee Component
Adjusted Year 2 Gate Rate
Multiplied by One-Half Annual Tons
Second Half Year 2 Disposal Expense
Year 2 Company Disposal Compensation
Add:
City Franchisor and Admlnistrative Fees @ 14.6%
99.481
Total Year 2 Company Disposal Compensation
$681,377
June 13, 1995
EXHIBIT 9
EXAMPLE CALCULATION OF COMPANY COMPENSATION
AND RATE ADJUSTMENT
June 13, 1995
Exhibit 9
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EXAMPLE CALCULATION OF COMPANY COMPENSATION
AND RATE ADJUSTMENT
(Numbers are shown for example only)
Prior Year Company Collection Compensation
$2,500,000
80% of Annual cpr (0.80 '" 0.03)
Plus One
Inflation Adjustment
0.024
+ 1. 000
"'1.024
Company Collection Compensation
$2,560,000
Prior Year Company Disposal Compensation
$500,000
Prior Year Base Rate Per Ton
100% of Annual cpr
Plus One
Inflation Adjustment
$20.00
0.03
+1.00
"'1.03
Base Rate Per Ton
Plus Fee Component
Gate Rate
Divided by Prior Year Gate Rate
Inflation Adjustment
Company Disposal Compensation
Company Compensation Before City Fees
City Fees @ 15%
Company Compensation
20.60
+ 13.00
33.60
/33.00
"'1.02
+510.000
$3,070,000
+541,765
$3,611,765
Divided by Prior Year Company Compensation
Adjustment Factor
Minus One
Rate Adjustment
13.529.412
1.023
-1.000
0.023
June 13, 1995