Request for Proposals FRANCHISE COLLECTION … of Yuba City, California Table of Contents RFP for...

Request for Proposals

FRANCHISE COLLECTION SERVICES

Issued by the City of Yuba City, CA

November 28, 2017

Request for Proposals

FRANCHISED COLLECTION SERVICES

TIMELINE

Milestones Timeline

City releases RFP November 28

R.S.V.P deadline for pre-proposal

meeting December 7

Mandatory pre-proposal meeting December 12

Deadline to submit questions December 19

Response to written questions and

RFP addendum if necessary January 5

Proposals due January 26

Requests for clarifications from

proposers February 9

Evaluation results reported to City

Council/Direction to Negotiate March 6

Start of New Contract October 1

City of Yuba City, California Table of Contents

RFP for Franchise Collection Services 11/28/17 Page i

TABLE OF CONTENTS

SECTION 1 - INTRODUCTION .......................................................................................................... 1

1.1 City Goals and Objectives ............................................................................................ 1

1.2 RFP Overview .............................................................................................................. 1

1.3 Organization of RFP..................................................................................................... 2

1.4 RFP Schedule .............................................................................................................. 2

SECTION 2 - BACKGROUND ............................................................................................................ 3

2.1 Background Information ............................................................................................... 3

2.2 Contract Arrangements for Collection, Processing, and Disposal ................................. 3

2.3 Agreement Term .......................................................................................................... 3

SECTION 3 - SCOPE OF REQUESTED COLLECTION SERVICES ............................................................... 4

3.1 Summary of Collection Services .................................................................................. 4

3.2 Collection Services ...................................................................................................... 5

3.3 Customer Rate Arrangements .................................................................................... 12

3.4 Public Education and Outreach .................................................................................. 13

3.5 Diversion Requirements ............................................................................................. 14

3.6 Requirements for Operations, Equipment and Personnel ........................................... 14

3.7 Billing, Customer Service, Record Keeping and Reporting ......................................... 16

3.8 Contractor Implementation Plan ................................................................................. 19

3.9 Alternative Proposals ................................................................................................. 19

SECTION 4 - RFP POLICIES, CONDITIONS, AND PROCESS.................................................................. 20

4.1 Rights Reserved by the City ....................................................................................... 20

4.2 General RFP Requirements ....................................................................................... 20

4.3 Code of Conduct ........................................................................................................ 21

4.4 Proposal Submittal Process ....................................................................................... 21

4.5 Limits on Disclosure of Proposals .............................................................................. 23

SECTION 5 - SUBMITTAL REQUIREMENTS ...................................................................................... 25

5.1 Proposal Outline ........................................................................................................ 25

5.2 Cover Letter ............................................................................................................... 26

5.3 Executive Summary ................................................................................................... 26

5.4 Company Description ................................................................................................. 26

City of Yuba City, California Table of Contents

RFP for Franchise Collection Services 11/28/17 Page ii

5.5 General Collection Related Submittal Requirements .................................................. 30

5.6 Exceptions to RFP and Franchise Agreement ............................................................ 31

5.7 Cost Proposal ............................................................................................................ 32

5.8 Other Proposal Forms ................................................................................................ 33

5.9 Optional Sludge Transport Proposal .......................................................................... 34

5.10 Additional Information ................................................................................................ 34

SECTION 6 - PROPOSAL EVALUATION PROCESS .............................................................................. 35

6.1 Proposal Evaluation Process ..................................................................................... 35

6.2 Evaluation Criteria ...................................................................................................... 35

LIST OF TABLES

Table 1-2 RFP Schedule ........................................................................................................... 3 Table 3-1 Matrix of Services by Sector...................................................................................... 5 Table 5-1 Proposal Outline....................................................................................................... 20 Table 6-1 Evaluation Criteria and Maximum Evaluation Score................................................ 30

ATTACHMENTS

1......... Draft Agreement for Collection Services2......... Proposer Code of Conduct3......... Non-Collusion Affidavit4......... Supplemental List of City Facilities5......... Current Demographics6......... Current Service Data7......... Current Rates8......... Cost Proposal Forms9......... Sludge Transport Statistics and Optional Cost Proposal Form10. ... AB 1669 Section 1070-1075.....

City of Yuba City, California Section 1. Introduction

RFP for Franchise Collection Services 11/28/17 Page 1

SECTION 1 - INTRODUCTION

By issuing this Request for Proposals (RFP) for collection services, the City of Yuba City (City) is competitively procuring franchised collection services. The City is seeking proposals for the collection of solid waste, recyclable materials, and organic materials from residential, multi-family and commercial accounts and for City facilities, operations and events.

The City’s goals for the RFP process are to:

1. Implement high-quality, consistent and safe service delivery at the best value,2. Secure excellent customer service and programs, and3. Ensure diversion programs meet state mandates/industry standards and best practices.

The City is soliciting proposals from service providers who can deliver efficient service while meeting the recycling diversion targets set by the City. Service providers are referred to as “Proposer” or “Collector” throughout this document. Participants in this RFP process should make note of and comply with the Proposer Code of Conduct (Attachment 2).

A key point of reference is the Draft Collection Services Franchise Agreement (Agreement). The Agreement is included as Attachment 1. The Agreement provides definitions, contract terms, and conditions, including a complete description of the collection services requested. If there are differences between this RFP and the Agreement, the terms and conditions in the Agreement shall prevail.

1.1 City Goals and Objectives

The City’s goals and objectives for the RFP process and future collection services are as follows:

1.1.1 Integrity, Competition in Selection Process, and Industry-Standard Contract Terms

• Conduct the RFP process with integrity and transparency

• Stimulate competition among proposing companies

• Set high performance standards

• Ensure value for ratepayers

• Enter into contract with fair terms and conditions

1.1.2 Quality, High-Value Programs

• Consistent, reliable and quality service

• Efficient service delivery that provides a strong value to the ratepayers

• Responsive customer service system

• Well-planned and professionally-executed transition to any new programs andservices

• Quality outreach and education

• Effective diversion programs to ensure compliance with regulations

1.2 RFP Overview

The City initiated this RFP process to plan future programs and services and select a future contractor(s). The process will result in a new contract for collection services. The RFP process involves planning, soliciting and evaluating proposals; selecting and negotiating with the selected contractor; and, an implementation period leading to commencement of services on October 1, 2019.

City of Yuba City, California Section 1. Introduction

RFP for Franchise Collection Services 11/28/17 Page 2

The City is soliciting proposals for the collection, transfer, disposal, processing and marketing of all solid waste, recyclable materials and organic materials. The City is interested in receiving proposals from companies that have demonstrated experience in providing solid waste, recyclable materials, and organic material collection services comparable to those described in this RFP and the Agreement. The City seeks collection contractors that place a high priority on customer service, community involvement, safety, and regulatory compliance. The City also requires proven diversion programs that achieve the City’s and the State’s goals.

1.3 Organization of RFP

This RFP is organized into six sections as follows:

Section 1 provides a brief introduction to the RFP.

Section 2 provides background information including a description of the City service area.

Section 3 presents the scope of requested collection services.

Section 4 provides the RFP policies, conditions and process.

Section 5 describes the RFP submittal requirements.

Section 6 outlines the proposal evaluation process and criteria by which the proposals will be evaluated.

1.4 RFP Schedule

The key activities and completion dates for the RFP process are provided in Table 1-2. The RFP process is described in detail in Section 4. All questions regarding the RFP must be submitted in accordance with the Submission of Written Questions specified in Section 4.4.

Table 1-2 RFP Schedule

* The City reserves the right to modify this schedule as needed.

Milestones* Date

City releases RFP November 28, 2017

R.S.V.P deadline for pre-proposal meeting by 4 p.m. (Submit signed Proposer Code of Conduct within 3 days of R.S.V.P.)

December 7, 2017 4:00 p.m.

Mandatory pre-proposal meeting at the City of Yuba City Council Chambers, 1201 Civic Center Boulevard, Yuba City, CA 95993

December 12, 2017 1:00 p.m.

Deadline to submit written questions by 4 p.m. December 19, 2017 4:00 p.m.

Responses to written questions, summary of responses provided at the pre-proposal meeting, and RFP addendum issued

January 5, 2018

Proposals due by 4 p.m. January 26, 2018 4:00 p.m.

Requests for clarifications of proposal information issued February 9, 2018

Evaluation Results Reported to City Council March 6, 2018

Contractor commence providing services October 1, 2019

City of Yuba City, California Section 2. Background

RFP for Franchised Collection Services 11/28/17 Page 3

SECTION 2 - BACKGROUND

The RFP and its attachments contain data about the demographics of the City and historical information related to collection operations including the number of customers, tonnage collected, routes, etc.

2.1 Background Information

The information presented in this section and related Attachments are for informational purposes only. Each proposer should take whatever steps it believes are necessary to determine the actual service requirements of the City and understand service conditions when preparing a proposal.

Attachment 4 provides supplemental information on the City service area. Attachments 5 and 6 provide demographic information and detailed service data (including number of customers, tonnage collected, etc.), respectively. Attachment 7 provides current rates for collection services.

2.2 Contract Arrangements for Collection, Processing, and Disposal

Below is a description of the future contracting arrangements.

• Collection. Contractor will be responsible for collection of solid waste, recyclable materials, organic materials and all non-excluded materials as described in the Agreement.

• Disposal. Contractor will be responsible for transport and disposal of solid waste.

• Recyclable Materials Services. Recyclable Materials processing services will be conducted and/or contracted by the selected contractor.

• Organic Materials Services. Organic Materials processing services will be conducted and/or contracted by the selected contractor.

2.3 Agreement Term

The term of the new Agreement will commence on October 1, 2019, and will continue for ten (10) years, ending September 30, 2029, unless the Agreement is extended in accordance with Article 3.2 of the Franchise Agreement or terminated early pursuant to Article 12.2 of the Agreement.

The Term of this Agreement may be extended, at request of the Contractor, and at the sole discretion of the City, by written agreement of the Parties twice for succeeding terms of five (5) years each, provided that Contractor is in compliance with all terms and conditions of the Agreement, according to the process described in Articles 3.2 and 3.3 in the Agreement.

City of Yuba City, California Section 3. Scope of Requested Collection Services


SECTION 3 - SCOPE OF REQUESTED COLLECTION SERVICES

This section provides a brief description of the collection services solicited through this RFP. Article 5 of the Agreement provides the detailed scope of services.

3.1 Summary of Collection Services

The collection services are separated by service sector (i.e., single-family residential, multi-family residential, commercial, and City facilities).

The Agreement provides the contract terms and conditions including a complete description of the collection services requested, including a Scope of Services. It also describes public education and outreach requirements for the initial start-up operations and ongoing operations; operations, equipment and personnel; billing, customer service, and reporting; franchise fees and other fees; contractor’s compensation and rate setting; insurance and performance bond; and performance standards and liquidated damages.

3.1.1 Exclusivity of Collection Services

Contractor will have exclusive rights to collect:

• Residential, multi-family and commercial solid waste, recyclable material and organic material from within the service area;

• Drop Box service for disposal of solid waste.

• C&D materials hauled in Drop Boxes; and,

• Residential, multi-family and commercial bulky-items.

Limitations to the Contractor’s exclusive rights are described in Article 4.2 of the Agreement.

3.1.2 Responsibilities of Contractor

Contractor will be responsible for the following, pursuant to the requirements of the Agreement:

1. Collecting Solid Waste, Recyclable Materials, Organic Materials and C&D Debris generated by and placed for Collection by Customers of Contractor’s services;

2. Transporting Collected materials to the appropriate Approved Facilities;

3. Performing all other services required by this Agreement including, but not limited to, Customer billing, public education, Customer service, record keeping, and reporting;

4. Furnishing all labor, supervision, vehicles, Containers, other equipment, materials, supplies, and all other items and services necessary to perform its obligations;

5. Paying all expenses related to provision of services required by this Agreement including, but not limited to, taxes, licenses, fees (including all regulatory fees, host fees, and surcharges as applicable), and utilities; paying all expenses related to the operation, permitting, licensing, regulatory fees for all Approved Facilities owned/operated by Contractor or Contractor’s Affiliate; paying for all expenses related to Changes in Law at Approved Facilities owned/operated by Contractor or Contractor’s Affiliate; and, paying



all expenses related to any construction, any land or facility improvements, any repair and/or replacement of equipment and all other expected or unforeseen costs associated with all Approved Facilities owned/operated by Contractor or Contractor’s Affiliate.

6. Performing or providing all services necessary to fulfill its obligations in full accordance with this Agreement at all times using best industry practice for comparable operations; and

7. Complying with all Applicable Laws.

3.2 Collection Services

3.2.1 SFD Collection Services Arrangements

SFD is any Dwelling Unit or combination of four (4) or fewer Dwelling Units in the Service Area where each Dwelling Unit is designed or used for occupancy by one (1) family and carts are utilized for the accumulation and set out of Solid Waste.

The default service level will be weekly, automated Collection of three (3) 96-gallon carts for each curb-serviced household.

1. Weekly Solid Waste Collection

Contractor will provide each SFD with a new, wheeled cart for automated collection of Solid Waste. The default service level will be a 96-gallon cart collected weekly. The Contractor must provide a 64- or a 32-gallon cart as a substitute depending on the Customer’s preference and need. No discount will be given for using smaller carts. Customers may add additional carts as may be needed at an additional charge. Customers will be required to place the cart(s) curbside for collection. Solid waste collection service is mandatory for all service locations.

2. Weekly Single-Stream Recycling Collection

Contractor will provide each SFD with a new, wheeled cart for automated collection of recyclable materials as defined in Section 3.2.2.2 of the Agreement. The default service level will be a 96-gallon cart collected weekly. The Contractor must provide a 64- or a 32-gallon cart as a substitute depending on the Customer’s preference and need. No discounts will be given for using smaller or no carts. Customers may request one additional recycling cart at no additional charge, and additional carts above that will be provided for an additional fee. Customers will be required to place the cart(s) curbside for collection.

3. Weekly Green Waste Recycling Collection

Contractor will provide each SFD with a new, wheeled cart for automated collection of green waste. The default service level will be a 96-gallon cart collected weekly. The Contractor must provide a 64- or 32-gallon cart as a substitute depending on the Customer’s preference and need. No discount will be given for using smaller or no carts. Customers may request one additional cart at no additional charge, and additional carts above that will be provided for an additional fee. Customers will be required to place the cart(s) curbside for collection.



4. On-Call Bulky Waste Collection

Contractor will provide on-call collection of bulky waste, as defined in the Draft Agreement subject to the conditions of that program, to SFDs scheduling the service with Contractor with 48 hours’ notice. Items will be collected on Customers regular collection day. Contractor will be required to separate and recycle all commodities that can be feasibly recovered. Customers are entitled to four pick-ups per SFD per year at no additional charge.

5. Free Dump Program

Contractor shall also allow each SFD Customer to deliver up to one load in a non-commercial (no more than 1 ton) vehicle or trailer of Solid Waste, Recyclable Materials, Green Waste, Bulky Items or Construction and Demolition Debris to the approved Transfer Station in lieu of one Bulky Items Collection Service subject to the conditions of the free dump program, if the proposed Transfer Station facility is located within an eleven-mile radius of the City. If the proposed Transfer Station facility is located outside of an eleven-mile radius of the City, Proposer shall propose an alternative approach to a “free dump program” that provides a similar benefit to SFD Customers without requiring residents to transport the load outside of the five-mile radius of the service area.

6. Household Hazardous Waste Collection

The City currently participates in a regional HHW program. Continued participation will be dependent on a number of factors yet to be decided. The City is will consider all available options for HHW collection. Proposers are asked to propose their approach to HHW collection in the City and provide a separate rate for the proposed services. The City reserves the right to obtain services outside of the Agreement, or to contract with the selected proposer.

7. Other

Contractor shall provide the following, as described in the draft Agreement.

• mail-in sharps program for residents

• compost give-away for residents

• annual holiday tree recycling collection for residents

3.2.2 MFD Collection Services Arrangements

MFD are any residence in the Service Area with five (5) or more Dwelling Units, where each Dwelling Unit is designed or used for occupancy by one (1) family, including any flat, apartment, condominium, town home or other premises, other than a hotel or motel, including such premises when combined in the same building with business establishments, utilizing a common Bin(s) for the accumulation and set-out of Solid Waste. When discussing solid waste, recycling or green waste collection service changes with customers, Contractor must provide a rate schedule to customers denoting all service levels and all possible frequencies of collection. MFD customers will be required to have Recycling and Green Waste collection services in addition to Solid Waste collection services unless they have other acceptable accommodations (i.e. landscaper removes all Green Waste).



1. Solid Waste Collection

Contractor will provide bins and/or debris boxes for collection of solid waste. Customers will have the opportunity to subscribe to the appropriate service level. Bin and Compactor services will be made available in sizes including: 1, 1.5 2, 3, 4, 5, 6, 7 and 8 cubic yard bins and 1.5, 2, 3, 4, 5 and 6 cubic yard customer provided compactors. Collection frequency will be at least once per week and up to seven (7) times per week. Debris box service will be made available in containers sizes including, at a minimum, 15, 20, 25, 30 and 40 cubic yards. Debris boxes and Compactors, as provided by Contractor or by Customer, shall be serviced as needed. Customers and Contractor will determine a mutually acceptable collection location. Solid waste collection service is mandatory for all service locations.

2. Recyclable Materials Collection

Contractor will provide recycling collection service to all Customers requesting it at a rate set at a percentage (i.e. 50%, 60%, 75%, etc.) of the established Solid Waste rate for corresponding size and frequency of service. Contractor will provide carts, bins and roll-off boxes for collection of commingled recyclable materials. Recycling collection will be made available at a minimum for: newsprint (including inserts); mixed paper (including magazines, catalogs, envelopes, junk mail, corrugated cardboard, brown bags and paper, paperboard, paper egg cartons, office ledger paper, and telephone books); glass containers; aluminum beverage containers; pie tins; tin cans; bimetal containers; #1-7 plastics (except for plastic bags, film plastic, packing peanuts and foam packaging). To prevent the contamination of recyclables, the Contractor will provide “restricted access” lids for recycling collection containers, as needed.

3. Green Waste Recycling Collection

Contractor will provide wheeled carts and bins for collection of Green Waste to all Customers requesting this service. Customers will have the opportunity to subscribe to the appropriate service level. 96-gallon carts will be made available. Bins will be made available in sizes including 2, 3, 4, and 6 cubic yards. Collection frequency will be at least once (1) per week and up to seven (7) times per week. Debris box service will also be made available in containers sizes including: 10, 15, 20, 25, 30 and 40 cubic yards. Customers and Contractor will determine a mutually acceptable collection location. Customers shall pay a separate fee in accordance with the rates approved by the City.

4. On-Call Bulky Item Collection

Contractor will provide on-call collection of bulky items from MFD customers using a method suitable for the MFD complex and agreed upon by the Customer or property manager.

Contractor will provide on-call collection of bulky waste to MFD’s scheduling the service with Contractor with 48 hours’ notice. Customers may place up to five items out for collection per pick-up. Items will be collected on the Customer’s regular collection day. Contractor will be required to separate and recycle all commodities that can be feasibly recovered. Customers shall pay a separate fee in accordance with the rate approved by the City.



5. Household Hazardous Waste Collection

Proposer shall respond as directed in Section 3.2.1 Household Hazardous Waste Collection.

6. Other

Contractor shall provide the following, as described in the draft Agreement.

• Mail-in sharps program for residents

• Annual holiday tree recycling collection for residents from enclosures

3.2.3 Commercial Collection Services Arrangements

Commercial customers include all retail, professional, office, wholesale and industrial facilities, other commercial enterprises offering goods or services to the public; organizations; and agencies other than City agencies. Contractor will be required to service carts, bins and roll-off boxes stored in customer’s solid waste enclosure or other locations as requested by customer. When discussing solid waste, recycling or organic material collection service changes with customers, Contractor must provide a rate schedule denoting all service levels and all possible frequencies of collection.

1. Solid Waste Collection

Contractor will provide carts, bins, and/or roll-off boxes for collection of solid waste. Customers will have the opportunity to subscribe to the appropriate service level. Bin and Compactor services will be made available in sizes including; 1, 1.5, 2, 3, 4, 5, 6, 7 and 8 cubic yard bins and 1.3, 2, 3, 4, 5 and 6 cubic yard customer provided compactors. Collection frequency will be at least once per week and up to seven (7) times per week. Debris box service will be made available in containers sizes including; 10, 15, 20, 25, 30 and 40 cubic yards. Roll-off boxes and Compactors, as provided by Contractor or by Customer, shall be serviced as needed. Customers and Contractor will determine a mutually acceptable collection container location. Solid waste collection service is mandatory for all service locations.


Contractor will provide carts, bins and roll-off boxes for collection of recyclable materials. Recycling collection will be made available at a minimum for: newsprint (including inserts); mixed paper (including magazines, catalogs, envelopes, junk mail, corrugated cardboard, brown bags and paper, paperboard, paper egg cartons, office ledger paper, and telephone books); glass containers; aluminum beverage containers; pie tins; tin cans; bimetal containers; #1-7 plastics (except for plastic bags, film plastic, packing peanuts and foam packaging). Customers will be charged a rate set at a percentage (i.e. 60% or 75%, etc.) of the established Solid Waste rate for corresponding size and frequency of service.

In order to prevent the contamination of recyclables, the contractor will provide “restricted access” lids for recycling collection containers, as needed.

3. Organic Material Recycling Collection

Contractor will provide wheeled carts and bins for collection of Organic Material, including Green Waste and/or Food Waste. Customers will have the opportunity to subscribe to the appropriate service level. 96-gallon carts will be made available. Bins will be made available in sizes including 2, 3, 4, and 6 cubic yards. Collection frequency will be at least once (1) per



week and up to seven (7) times per week. Debris box service will also be made available in containers sizes including 10, 15, 20, 25, 30 and 40 cubic yards. Customers and Contractor will determine a mutually acceptable collection location. MFD Customers will be offered the option of subscribing to any Food Waste services available to Commercial Customers. Customers shall pay a separate fee in accordance with the Green Waste and Food Waste rates approved by the City.

4. On-Call Bulky Item Collection

Contractor will provide on-call collection of bulky items from commercial customers using a method suitable for the commercial premises and agreed upon by the Customer or property manager. Contractor will be required to separate and recycle all commodities that can be feasibly recovered. Commercial generators shall pay a separate fee in accordance with the rate approved by the City.

5. On-Call Electronic Waste (E-Waste) Recycling Collection

Contractor will provide on-call e-waste collection. Contractor is required to describe its methodology to provide on-call collection of e-waste (e.g., material types, customer set-out requirements, control mechanisms for spills and contamination, and any limitations on allowable amounts) along with a fee per pick-up that would cover all program costs.

6. On-Call Universal Waste Recycling Collection

Contractor will provide on-call universal waste recycling collection service. Universal waste collection includes fluorescent lamps, cathode ray tubes, instruments that contain mercury, and batteries. Contractor is required to describe its methodology to provide on-call collection and recycling of universal waste (e.g., material types, customer set-out requirements, chain of custody documentation, and any limitations on allowable amounts) along with a fee per pick-up that would cover all program costs.

3.2.4 C&D Debris Collection Services

C&D Debris collection services include the delivery, removal and recycling or disposal of used or discarded materials removed from premises during demolition, construction, repair or renovation of a structure resulting from construction, remodeling, repair or demolition operations on any residential property, commercial building, pavement, or other structure and such other materials as may be removed during the normal cleanup process of such construction, renovation, repair or demolition operations. C&D Debris also includes rocks, soils, tree remains and other Green Waste and Large Green Waste which results from land clearing or land development operations in preparation for construction. C&D Debris does not include Exempt Waste.

1. C&D Collection Service Requirements

Contractor shall provide C&D Debris collection from Service Units in the Service Area and the delivery of that material to the MRF, Transfer Station or Disposal Facility, as appropriate. C&D collection service shall be made available in container sizes including 9, 15, 20, 30 and 40 cubic yards. Reduced pricing shall be offered for source-separated concrete/inerts, metals and wood. Special pricing will be offered for tires. Contractor will describe how it will encourage reuse and recycling and comply with the Collection Agreement.

2. Green Building Standard Code Compliance Assistance



Contractor shall assist Customers to comply with the requirements of the 2013 California Building Standards Code including Part 11 California Green Building Standards Code which provides, among other requirements, the diversion of 50% of all construction and demolition debris generated at a construction and demolition site from landfills either by source-separated recycling or by processing at a facility or facilities that cause not less than 50 percent of those materials to be diverted from landfills.

3.2.5 CITY Facilities

City facilities will be provided all services listed as 1-6 below at “no charge.” Collections will be scheduled at a time mutually agreed upon by the Contractor and the City. The cost of these services will be included in the overall rate structure to provide services to the other three sectors (i.e., SFD, MFD and Commercial).

1. Weekly Solid Waste Collection

Contractor will provide wheeled carts and bins for collection of solid waste. The City will have the opportunity to subscribe to the appropriate service level. Carts will be made available including 64 and 96 gallons. Bins will be made available in sizes including 1, 1.5, 2, 3, 4, 5, 6, 7 and 8 cubic yards. Collection frequency will be at least once (1) per week and up to seven (7) times per week. Debris box service will be made available in container sizes including 10, 15, 20, 25, 30 and 40 cubic yards.


Contractor will provide recycling collection service at City Facilities at no additional charge. Contractor will provide carts, bins and roll-off boxes for collection of recyclable materials.

3. Organic Materials Collection

Contractor will provide Organic Materials Collection service at City Facilities at no additional charge. Contractor will provide carts, bins and roll-off boxes for collection of Organic Materials.

4. Public Litter Container Services

Contractor will provide collection of Public Litter Containers at City locations at no additional charge.

5. Self-Haul by City to Transfer Station

Contractor will allow City personnel or contractors to Self-Haul Solid Waste, Recyclable Materials, Organic Materials generated through City operations to the Contractor’s designated Transfer Station at no additional charge pursuant to the annual limits noted in the Collection Service Agreement.

6. City-Sponsored Events

Contractor will provide event boxes with lids featuring designated opening(s) for bottles and cans, wheeled carts, bins, and/or roll-off boxes to collect solid waste and recyclable materials at “no charge” for City-sponsored events that are open to the public and that do not require paid admission or the purchase of a ticket. Signage indicating “Recycling” will be clearly visible on the designated container. Contractor will assist the venue and event organizers with developing recycling plans and reporting data. When requested by event organizers, solid waste and recycling collection service will be provided for each venue or



event. This may include providing numerous carts to distribute throughout the event for use by patrons. Carts to be made available include standard cardboard event boxes with lids (18x18x34 or comparable), 64 and 96-gallon carts. Bins will be made available in sizes including 2, 3, 4, and 6 cubic yards. Debris box service will be made available in container sizes including 10, 20, 30 and 40 cubic yards. Collection frequency will be provided as required by the event organizer.

7. Hazardous Waste/E-waste/Universal Waste

The Contractor shall provide, either directly, or through a City-approved subcontractor, Hazardous Waste, E-waste and Universal Waste Collection Service for City Facilities for a fee in accordance with the rate approved by the City.

3.2.6 Other Collection Service Considerations

1. Additional Collection Service Requirements:

• Provide public education to residents and businesses. A detailed description of Contractor’s public education responsibilities is provided in the Collection Agreement.

• Monitoring and reporting relative to AB 939, AB 341 and AB 1826.

• Provide customer service and billing service as necessary to fulfill its obligations.

• Furnish all labor, supervision, collection vehicles, collection containers, other equipment, materials, supplies, and all other items and services necessary to perform its obligations.

• Be solely responsible to pay all expenses related to the provision of services including, but not limited to, taxes, regulatory fees, host fees, business license fees, utilities, etc.

• Be solely responsible for the impact of any changes in law to the operation of the Contractor’s facility(ies), including financial and operational impacts.

• Provide all services in a thorough, safe and professional manner.

• Contractor shall be responsible for ensuring that its customers consistently receive a high level of customer service and responsiveness.

• Comply with applicable laws, regulations and ordinances.

3.2.7 Processing Plan

Proposer shall include a Processing Plan that demonstrates the proposer’s ability to arrange for the processing of Recyclables and Organics originating in the City for the term of the Collection Agreement and any extensions thereof. The plan should identify any arrangements that will benefit the City in maintaining long-term rate stability. Prior to selection, the Contractor will be required to produce proof of all arrangements described in its offer. Contractor should indicate the per-ton costs and tonnage disposal guarantees they will offer the City. The plan should specify facilities and fees for the processing of all materials collected in the City.

3.2.8 Diversion Plan

Proposer shall include a Diversion Plan that details the Proposer’s approach to diversion and describes all associated programs and services. Proposer shall include its approach to minimizing



scavenging, systematically reducing contamination and ensuring compliance with all CalRecycle requirements. The proposer shall provide plans for Residential Curbside, Multi-Family and Commercial and Drop Box Solid Waste, Recyclables and Yard Waste/Organics. The plan shall include measurable goals for diversion and for reducing contamination for each year of the contract.

3.2.9 Solid Waste Disposal Plan

Proposers must include a Solid Waste Disposal Plan that demonstrates the proposer’s ability to arrange for the disposal of Solid Waste originating in the City for the term of the Collection Agreement and any extensions thereof. The plan should identify any arrangements with landfills that will benefit the City in maintaining long-term rate stability. Prior to selection, the Proposer will be required to produce proof of all disposal arrangements described in its offer. Proposers shall indicate the per-ton disposal costs and tonnage disposal guarantees they will offer the City. The plan should specify facilities and fees for the processing and disposal of all materials collected in the City including Construction and Demolition Debris.

3.3 Customer Rate Arrangements

This section provides a description of rate arrangements and fees that will apply to all four service sectors. The rate schedules establish the maximum rates that may be charged.

3.3.1 SFD Rate Arrangements

The City will maintain an integrated SFD rate structure that covers solid waste, recycling, and green waste collection services, regardless of cart size(s) selected by SFD customer.

3.3.2 MFD and Commercial Rate Arrangements

The City will maintain a rate structure that includes separate fees for the collection of solid waste, recyclable materials and organic materials. A volume-and-frequency based rate structure will be used. Customers will be encouraged to voluntarily participate in recyclable materials and organic materials collection and will be required to pay a fee for recyclable materials and/or organics material collection services based on subscription levels. Recycling, Green Waste and/or Organics rates shall be offered at a percentage of the Solid Waste rate, with Recycling rates not to exceed Green Waste/Organics rates and Green Waste/Organics rates not to exceed Solid Waste rates. The City will continue to allow open-market competition for recyclable materials for which net payment is rendered by the service provider to the generator.

3.3.3 City Facilities

The City’s facilities shall be provided all collection services at “no cost.” The cost of collection services provided to the City will be included in the contractor’s annual compensation and shall be paid for through the rates charged to SFD, MFD and commercial customers.

3.3.4 Special Services Charges

Contractor’s customer proposed rate schedule shall include all charges for special services, such as: (1) unlocking Containers; (2) accessing Container enclosures with a key; (3) pulling or pushing Containers to a Collection Vehicle; (4) steam cleaning Containers (excluding carts) more frequently than one time per year as requested by the Customer; (5) additional residential solid waste cart monthly service rate; (6) additional Bulky Item Collection services beyond four, per



residence, per year; etc.. Please see the Franchise Agreement for more details on situations in which special service charges apply.

3.3.5 Surcharge and Fees

Article 9 of the Franchise Agreement provides details on the specific surcharge and fees to be paid and remitted to the City and/or an Entity designated by the City; the actual surcharge and fee amounts are currently left blank and will be populated once final fees are agreed upon by the Contractor and City. The surcharge and NDPES fee is a fixed amount designated for each service level; the fees (i.e., Franchise fee, Road Maintenance and Operational Impact fee) are calculated as percentage of gross receipts.

3.4 Public Education and Outreach

All public education activities will be conducted by the Contractor. Contractor shall be responsible for ensuring that its customers consistently receive a high level of customer service and responsiveness. Contractor shall prepare an annual public education plan and meet with the City or the City’s representative to review the plan. The City shall have the right to review all promotion materials and implementation of the promotion strategy. A detailed listing of Public Education and Outreach requirements can be found in Article 5.11 of the Franchise Agreement.

3.4.1 Contractor Responsibilities

Contractor will be required to provide the following services:

1. Distribute public education and outreach materials during roll-out of the new collection services program. This will entail distributing program literature with delivery of new carts and bins to all customers at inception of the new program.

2. Public education strategy and development of materials to support roll-out of new collection services.

3. Develop, produce and distribute an information packet to each new Customer throughout the Contract term. Contractor may attach these packets to the Carts and Bins upon initial Cart and Bin distribution. This packet shall: describe available services, including available recycling and diversion programs; provide instructions for proper use of the Carts and Bins provided (such as how to place Carts or other permitted items for Collection, the types of materials to be placed in each Cart); AB 939, AB 341 and AB 1826 requirements; detailed holiday Collection schedules; and, provide billing and customer service telephone numbers. This packet shall contain updated information on how to use Containers, when, where and how to place Solid Waste for Collection, and who to contact with service or billing questions, and for Bulky Item Collection. The packet shall also clearly indicate what materials, such as syringes and other Household Hazardous Wastes (HHW), should not be disposed of in these Containers. This brochure shall include instructions on how Customers should dispose of HHW, such as information on the HHW program.

4. Develop, produce and distribute public education and promotional materials to MFD and Commercial accounts at inception of the new program and during the term of the Collection Agreement, including all outreach and education materials necessary to meet or exceed AB 939, AB 341 and AB 1826 requirements.

5. Deliver set-out correction notices during the term of the Collection Agreement.



6. Staff a booth at local public events as agreed upon with the City and distribute promotional and educational materials.

7. Insert with its bills inserts produced by the City.

3.4.2 Staffing

To achieve a high level of recycling public education and awareness, Contractor shall dedicate a Recycling Coordinator to complete outreach to the businesses and residents, and develop and implement all public education and outreach activities required under the Franchise Agreement for the City. The Recycling Coordinator shall conduct outreach, promote waste reduction, recycling, diversion programs, and provide technical assistance to Multi‐family and Commercial Customers.

Proposer must include the following in its proposal:

1. The Recycling Coordinator job description and reporting structure, and the amount of time the Recycling Coordinator position will be dedicated to the City, including a rationale for the time allocation.

2. The resume of the designated Recycling Coordinator (This must include the individual’s resume, years of experience, and three (3) professional references.) This party will be responsible for the planning, coordination, development, preparation, implementation and review of all public education and promotion materials and efforts.

If an outside consultant is to be used, proposer must identify the consultant and include a brief description of the consultant’s qualifications and years of experience. The City has the expectation that the Recycling Coordinator will be actively engaged with the community and appropriately participates in community events to promote and implement waste reduction, recycling and organics collection programs.

3.5 Diversion Requirements

The selected contractor will provide a level of diversion that ensures the City will be in full compliance with its State Diversion obligations, as defined as of the Effective Date by AB 939, AB 341, AB 1826 and related state laws and regulations.

Article 6.7 of the Franchise Agreement details specific Diversion requirements including but not limited to:

• Meeting an overall measured diversion rate of 30% or greater in a calendar year.

• Providing the Diversion-related data and information defined in Article 8.9 of the Franchise Agreement.

3.6 Requirements for Operations, Equipment and Personnel

Article 7 of the Franchise Agreement details specific requirements related to operations, equipment and personnel. Contractor shall always comply with Applicable Laws and provide services in a manner that is safe to the public and the Contractor’s employees. A summary of some of the requirements follows below.



3.6.1 Operations

Unless otherwise authorized by the City, Contractor’s days and hours for Collection operations shall be as follows:

1. Residential Premises. Collection from Residential Premises shall only occur between thehours of 5:00 a.m. and 5:00 p.m., Monday through Friday.

2. Multi-family and Commercial Premises. Collection from Multi-family and CommercialPremises shall only occur between the hours of 4:00 a.m. and 5:00 p.m., seven days perweek.

3.6.2 Equipment

1. Vehicles

Contractor shall provide a fleet of new Collection vehicles sufficient in number and capacity to efficiently perform the work required by the Franchise Agreement in strict accordance with its terms. Contractor shall have available sufficient back‐up vehicles for each type of Collection vehicle used to respond to scheduled and unscheduled maintenance, service requests, complaints, and emergencies. Such back-up vehicles may be used vehicles. All such vehicles shall have watertight bodies designed to prevent leakage, spillage, or overflow. Hoppers shall be enclosed on top and on all sides to prevent material from leaking, blowing or falling from the vehicles. Each Collection vehicle shall be equipped with a shovel and broom for clean-up of spillage. Collection vehicles shall never be loaded to exceed the manufacturer’s recommended weight limit or otherwise operated unsafely or in violation of any Applicable Law.

The California Air Resources Board (CARB) and a number of local air quality boards have, over the last two decades, begun a practice of regulating the emissions from vehicle fleets that regularly operate in service of the public (e.g., municipal fleets, transit fleets, solid waste fleets, etc.). Some of these regulations have required the use of alternative fuel rather than standard diesel fuel. Based on this trend of regulation, it is likely that there will be further regulations restricting vehicle emissions from these fleets. It is not currently known what regulations will be adopted, which technologies will be favored, or what fuel alternatives will be readily available and cost-effective upon commencement of this contract.

The City specifies neither the technology nor the fuel type, but requires that residential and commercial collection vehicles be fully compliant with state and local requirements and regulations throughout the term of the contract.

2. Containers

Contractor shall provide all new Carts, and Bins to all Customers as part of its services. Contractor‐provided Containers shall be designed and constructed to be watertight and prevent the leakage of liquids. All Containers shall display the Contractor’s name, local telephone number, and some identifying inventory or serial number. However, if a new contractor other than the current service provider is selected for the new Franchise Agreement such Contractor is encouraged to negotiate the purchase of the existing commercial Bins and Drop Boxes from the current service provider.

In the interest of creating effective and consistent public education and outreach, Contractor shall utilize its Containers to reinforce public education messages. All Solid Waste



Containers shall be black or grey in color. All Recyclable Materials Containers shall be blue in color. All Organic Materials Containers shall be green in color. Contractor’s Containers shall also be hot-stamped with a list of acceptable materials and a list of prohibited materials and such hot-stamps shall be in both English and Spanish. The City reserves the right to review and approve materials (i.e. hot-stamps) prior to the placement of any orders.

3.6.3 Personnel

Contractor shall furnish such qualified drivers, mechanical, supervisory, customer service, clerical, and other personnel as may be necessary to provide the services required by this Agreement in a safe and efficient manner. Contractor shall designate at least one (1) qualified employee as the City’s primary point of contact with Contractor who is principally responsible for Collection operations and resolution of service requests and complaints.

Contractor shall use its best efforts to assure that all employees who interact with Customers present a neat appearance and conduct themselves in a courteous manner. Contractor shall not permit its employees to accept, demand, or solicit, directly or indirectly, any additional compensation, or gratuity from members of the public.

The City places a high priority on the retention of employees currently providing services within the City. Proposer shall declare its intent to offer or not a plan to offer employment to eligible employees of the current contractor according to the terms described in AB 1669 Section 1072 (Provided as Attachment 10 of this RFP). Information regarding the number of employees who are performing services under the service contract and the wage rates, benefits, and job classifications of those employees will be provided to bone fide proposers at least 30 days before proposals are due. Proposers offering employment will be awarded a 12% preference in the evaluation process.

3.6.4 Local Purchasing Preference

Contractor shall, throughout the Term of the Franchise Agreement, give preference to purchasing materials and supplies used in connection with the Agreement from local vendors within the City or State; and in that order of preference. At a minimum, Contractor shall purchase the following items from vendors within the City: vehicle supplies (e.g., fuel, fluids, tires, parts, etc.) only if the Contractor’s operation and maintenance yard is in the City; printing and publishing services for all public education and outreach materials; uniforms, safety clothing/equipment, and work boots; and office supplies.

3.7 Billing, Customer Service, Record Keeping and Reporting

Article 8 of the Franchise Agreement details specific requirements related to billing, customer service, record keeping, and reporting. A summary of some of the requirements follows below.

3.7.1 Billing Services

Contractor shall provide billing services for all Customers in the Service Area, including all Residential Properties, Multi-Family Properties and Commercial Properties. Contractor shall: (i) bill all Customers in the Service Area, including all SFDs, MFDs, and Commercial Properties at the rates permitted in this Agreement; (ii) maintain accurate billing and payment records; and (iii) bill Customers on the following schedule or as otherwise approved by the City:

• Each Residential Customer shall be billed no less frequently than quarterly, in advance



• Each Multi-Family and Commercial Customer shall be billed monthly, in advance

Service Recipients’ bills shall be itemized showing the charges for each classification of services. The Contractor and the City or the City’s Representative shall agree on the format of the invoice prior to the Contractor initiating billing services.

Contractor’s website shall provide Customers with the ability to pay their bills through an electronic check or credit card and include the ability for Customer billings to be automatically charged on a recurring basis. Contractor shall promote the website- based billing and payment system on all paper bills sent to Customers. Contractor shall prepare, mail, and collect bills from Customers who decline to use such internet‐based billing system. Contractor shall make arrangements to allow Customers to pay bills by cash, check, electronic check, money order, and credit/debit card.

3.7.2 Customer Service

Contractor shall always be in compliance with Article 8.6 of the Franchise Agreement and with the provisions of the Customer Service Plan included in Contractor’s Proposal. Contractor shall revise, modify and otherwise update such Plan throughout the Term as it deems necessary, or as reasonably requested by the City.

1. Office Location and Hours

Contractor shall provide an office in the City where Customers can pay their bills in person. The contractor office shall be open from 8 am to 5 pm Monday through Friday for the public to pay their bills or obtain customer service assistance.

2. Local Telephone Number and Equipment Contractor's principal office shall be accessible by a local (toll-free to Customers) telephone number at least during the office hours specified in Article 8.6 of the Franchise Agreement. The telephone number shall be listed under Contractor’s name in the local telephone directory and as appropriate on Collection vehicles and Containers. The Contractor shall have sufficient equipment in place and staff to handle the volume of calls experienced on the busiest days and such telephone equipment shall record the responsiveness (e.g., call hold-time, abandoned calls, etc.) to calls. Recording of Contractor’s responsiveness to calls shall include, at a minimum, all items included in the “Service Quality and Reliability” and “Customer Service” performance standards listed in the Franchise Agreement. An answering machine or voicemail service shall record Customer calls and voice messages during hours the office is closed or outside times calls are not being answered.

3. Emergency Telephone Number

Contractor shall maintain an emergency telephone number for use outside Contractor's office hours. The emergency telephone number shall be listed as an emergency number under Contractor's name and under the City in the local telephone directory. Contractor shall have a representative, or an answering service to contact such representative, available at Contractor's emergency telephone number during all hours other than Contractor's office hours.

4. Multilingual/TDD Service

Contractor shall always maintain the capability of responding to telephone calls in



English, Spanish, and such other languages as the City may direct, employing a service such as ATT Language Line. Contractor shall always maintain the capability of responding to telephone calls through Telecommunications Device for the Deaf (TDD) Services. These capabilities shall be maintained for both the local telephone number and the emergency telephone number.

5. Website

Contractor shall develop a comprehensive website specific to the City’s Service Area which fully explains and effectively promotes the Collection service options offered to its Customers. The website shall contain the full approved rate schedules as well as any other information that may be helpful to the City and Customers in meeting the City’s Diversion goals. The website shall also allow Customers to submit inquiries, complaints and queries which shall be answered as provided for in the following paragraph.

6. Service Requests, Compliments, Complaints

Contractor shall be responsible for the prompt and courteous attention to, and prompt and reasonable resolution of, all Customer service requests and complaints. Contractor shall record in a separate computerized log, approved as to form by the City, all complaints, noting the name and address of complainant, date and time of complaint, nature of complaint, and nature and date of resolution. The Contractor shall retain this complaint log for the Term plus three (3) years after its expiration or earlier termination. Upon request by the City, Contractor shall compile and submit a summary statistical table of the complaint log.

Contractor shall respond to all complaints received within twenty‐four (24) hours, weekends and Holidays excluded. In particular, if a complaint involves a failure to Collect Solid Waste, Recyclable Materials or Organic Materials from a Premises in the City, Contractor shall Collect the material in question within twenty‐four (24) hours of receipt of the Complaint, provided that Generator has properly placed materials for Collection.

3.7.3 Record Keeping and Reporting

Contractor shall submit reports to the City or the City’s Representative on Solid Waste Collection and Disposal, Recyclable Materials Collection, Processing and marketing, and Organic Materials Collection, Processing and marketing to ensure the City meets the reporting requirements of AB 939, AB 341, AB 1826 and other Applicable Law.

Contractor shall maintain accounting, statistical, operational, and other records related to its performance as shall be necessary to provide reporting under the Act and demonstrate compliance with this Agreement. Unless otherwise required in Article 8.8 of the Franchise Agreement, Contractor shall retain all records and data required to be maintained by this Agreement for the Term of this Agreement plus three (3) years after its expiration or earlier termination. Records and data shall be in chronological and organized form and readily and easily interpreted. Upon request, any such records shall be retrieved in a timely manner by Contractor and made available to the City or the City’s Representative. Contractor shall maintain adequate record security to preserve records from events that can be reasonably anticipated such as a fire, theft, flood and an earthquake. Electronically‐maintained data and records shall be protected and backed‐up.



Contractor shall submit quarterly and annual reports as described in Article 8.9 of the Franchise Agreement.

3.8 Contractor Implementation Plan

Proposer shall provide a detailed implementation plan describing the Contractor’s approach to facilitating a smooth transition for all the collection services. The plan must clearly describe the company’s ability to implement the services in accordance with the schedule presented in Table 1-2 of this RFP. This description should include, but not be limited to:

1. A timeline showing the duration and completion date of major milestone events such as vehicle purchase and testing; container purchase, assembly and distribution; personnel hiring and training; customer service and billing database development and implementation; administration; public education; corporation yard acquisition and development (if necessary), etc.

2. Assumptions regarding the participation of City staff, City representatives, the current collection contractor, and the current and future facility operator.

3. Identification of common problems that can occur in service initiation and strategies for preventing or managing such problems.

4. Discussion of how customers will select container size(s) and service frequency.

5. Contingency plans for all aspects of implementation.

3.9 Alternative Proposals

Proposer may provide one or more alternative proposals in addition to the requested proposal. The City is not obligated to evaluate or select alternative proposals. Alternative proposals will be considered by the City if the City concludes that the alternative proposals warrant evaluation and analysis. Proposers that provide an alternative proposal(s) shall also respond to the entire RFP as written.

City of Yuba City, California Section 4. RFP Policies, Conditions, and Process


SECTION 4 - RFP POLICIES, CONDITIONS, AND PROCESS

4.1 Rights Reserved by the City

The City reserves the right, in its sole discretion, to pursue any or all of the following actions regarding this RFP process:

• Issue addenda and amend the RFP and Franchise Agreement;

• Request additional information and/or clarification from proposer;

• Extend the deadline for submitting proposals;

• Withdraw this RFP;

• Reject proposals that do not fully comply with the requirements detailed in this RFP, its attachments, addenda, or clarifications;

• Reject incomplete proposals; proposals containing errors, inconsistencies, false, inaccurate or misleading information; proposals submitted after the deadline; or, proposals with other process or content errors or deficiencies;

• Amend the Municipal Codes of City;

• Award a proposal based on a combination of its qualitative and quantitative attributes;

• Take other actions the City deems are in the best interest of the City, and residents and businesses in the City service area; and,

• Negotiate changes in the services proposed and/or described in the RFP or to incorporate programs proposed by others.

4.2 General RFP Requirements

This RFP shall not be construed by any party as an agreement of any kind between the City, contractor(s), and other parties.

This RFP does not obligate the City to accept any proposal, negotiate with any proposer, award a Franchise Agreement, or proceed with the development of any project or service described in response to this RFP. The City has no obligation to and shall not compensate any proposer for its expense of preparing its proposal and participating in this procurement process.

Please note that the City’s procurement of Solid Waste and Recycling Franchise Services is not subject to State bidding laws, and the City does not intend to cause the current RFP process to become subject to such public bidding laws or regulations.

The City shall have the right (but not the obligation) to perform a review of each proposer's ability to perform the work required. Each proposer must agree to cooperate with such a review. Such cooperation by proposer shall apply to the verification of the proposer's capability and experience in the provision of services and any other component of work that may be required under this procurement.

The City, and its consultants, will be conducting reference checks on proposers that will involve contacting jurisdictions currently or previously served by proposer, as well as contacting regulatory agencies involved in oversight of proposers’ facilities. In addition, the City, or its consultants, may



research proposers’ past performance by reviewing litigation history, regulatory actions, highway driving records, criminal investigations and recycling history. The proposer’s submission of a proposal shall constitute an agreement to cooperate with the City’s review.

Unless a submitting proposer takes specific exception in accordance with the procedure set forth in Section 5.6, submission of a proposal shall constitute acknowledgement and acceptance of all the terms and conditions contained in this RFP and the Draft Agreement including all addenda or amendments issued by the City as per the process provided in this RFP.

Submittal of a proposal signifies the submitting proposers’ commitment to provide the proposed services if selected. In addition, all aspects, conditions and components of proposals submitted shall be valid for two years. Proposals may not be altered after submittal, except in response to the City’s request for clarification.

4.3 Code of Conduct

4.3.1 Proposer Code of Conduct

Proposer is required to sign the Proposer Code of Conduct (Attachment 2). The code of conduct for proposers: (i) prohibits ex parte communications with City elected officials; (ii) prohibits giving any gift or monetary compensation to City staff member or consultants; and, (iii) prohibits collusive activities with other potential proposers.

If a proposer does not sign the code of conduct or violates the code of conduct, the City has the right to disqualify the proposer from this RFP process. The code of conduct shall be signed and submitted to the City in accordance with instructions provided in Section 5.8.1. Please note: submittal of the Proposer Code of Conduct is required within three days of their R.S.V.P. for the Pre-Proposal Meeting.

4.4 Proposal Submittal Process

Proposer shall follow the proposal submittal process as outlined below.

4.4.1 Step One – R.S.V.P to Attend Pre-Proposal Meeting and Submit Proposer Code of Conduct

Proposer must submit notification to the City of its intention to attend the mandatory pre-proposal meeting. The date and time of the meeting are provided in Section 1.4, RFP Schedule. Proposer must email notification to:

[email protected]

This notice of intent to attend the pre-proposal meeting must be submitted by the date and time provided in Section 1.4, RFP Schedule.

Proposers must submit a signed Proposer Code of Conduct within three days of their R.S.V.P. to attend the Pre-Proposal Meeting, as described in Sections 4.3.1 and 5.8.1 of this RFP.

4.4.2 Step Two – Mandatory Pre-Proposal Meeting

The mandatory pre-proposal meeting will be held in City Council Chambers at 1201 Civic Center Boulevard, Yuba City, CA 95993.



Attendance at this meeting is mandatory for all contractors intending to submit a proposal. The City will NOT accept proposals from companies that do not attend the pre-proposal meeting.

4.4.3 Step Three – Submittal of Written Questions

The City directs proposers to submit all questions and requests for information in writing directly to City at the email address listed in Section 4.4.1. The deadline for submitting written questions and requests for information is provided in Section 1.4, RFP Schedule.

Written responses to questions will be provided to all eligible proposers. In the event of any inconsistencies between oral responses provided at the pre-proposal meeting and written responses subsequently issued, the written responses must be used for preparing proposals.

4.4.4 Step Four – Proposal Submittal

Proposer shall submit four (4) double-sided copies in three-ring binders of the complete proposal and one (1) single sided, signed original according to the deadline provided in Section 1.4, RFP Schedule. In addition, the proposers are required to submit a flash drive containing:

• An electronic copy of all completed cost proposal forms (i.e., those provided in

Attachment 8 of the RFP) formatted for Microsoft Excel;

• An electronic copy of the Model Franchise Agreement, noting all requested

changes in redline/strikeout, in Microsoft Word format; and,

• A complete PDF of the proposal (excluding financial statements, if confidential).

These items shall be placed and submitted in a sealed package. Proposals must be printed on 8½ inch by 11-inch paper with post-consumer recycled-content paper. All pages shall be consecutively numbered; although, each section may start with a new page number if proceeded with the section number (e.g., Page 2-1 for the first page of Section 2).

The package shall be clearly labeled:

PROPOSAL FOR CITY OF YUBA CITY FRANCHISED COLLECTION SERVICES

FROM: Name of Proposer: Address: Contact Person: Telephone Number: E-mail:

The proposal may be mailed or hand delivered to:

City of Yuba City 1201 Civic Center Boulevard Yuba City, CA 95993 Attn: Terrel Locke



Proposals received late will not be considered. Postmarks will not be accepted as proof of receipt.

1. Surety. Each proposal must be accompanied by surety made payable to “City of Yuba City”

in the amount of $25,000 and in the form of a certified check, cashier’s check, or bid bond. The surety shall be submitted with the proposal in a separate, clearly labeled envelope. The purpose of the surety is to guarantee that the successful contractor will execute a Franchise Agreement with the CITY. If the selected contractor does not execute the Franchise Agreement within 30 calendar days after receiving notice of the award of Franchise Agreement, the CITY shall keep the surety to offset the potential cost associated with identification of an alternate service provider and schedule delays and the CITY has the right to pursue additional and reasonable costs incurred in this event. Checks and bonds will be returned to all proposers no later than ten calendar days after the CITY has executed the Franchise Agreement with the successful contractor. If no selection is made within one year of the submission of proposals, each proposer may demand their proposal surety be returned; however, the CITY reserves the right to eliminate proposals from such companies from further consideration.

2. Administrative Fee. Within seven days of execution of the new Agreement, the new Collector shall remit a one-time payment to the City of Yuba City. The amount shall include reimbursement to the CITY for the cost of the procurement consultant, plus the CITY’s out-of-pocket costs incurred in awarding this franchise (e.g. City Attorney costs). The amount shall not exceed $100,000.

4.4.5 Step Five – Clarification of Proposal Information and Interviews

Proposer may be asked to clarify information through written communications, interviews or during site visits of each proposer’s offices, customer service center, corporation yard and maintenance facilities, and disposal, transfer, and processing facilities. The CITY reserves the right to conduct in-person interviews of one or more proposers.

4.4.6 Step Six – Selection of Recommended Contractor and Negotiation of Final Franchise Agreement

The CITY and/or its consultants will recommend a preferred contractor for consideration by the City Council. Once the City Council approves selection of a final contractor then final negotiation will take place for the Franchise Agreement. Except at the sole discretion of the CITY, all negotiations with the Proposer will be limited to the Proposer’s recommended alternative Franchise Agreement language contained in their proposal. This process is tentatively scheduled for March 2018.

4.4.7 Schedule

The schedule of events presented in this Section 4.4 is summarized in Table 1-2 in Section 1.

4.5 Limits on Disclosure of Proposals

The CITY has determined that the public interest will be best served if proposals submitted in response to this RFP are not made available for review by other companies participating in the competitive selection process. For that reason, proposals (and materials submitted during subsequent meetings and



discussions with City staff) will not be made available to other proposers or the public generally any earlier than the date on which City staff issues to City Council a company recommended for final consideration/negotiation. At that point, the City may release the portion(s) of the proposal(s) that have not been identified as entitled to confidential treatment as containing trade secrets. Alternatively, public release may be deferred until the CITY Council has limited their consideration to one preferred company.

The following procedures will be followed for the disclosure of proposals:

1. Materials which a proposer considers as trade secret information entitled to protection from disclosure under Government Code Section 6254(k) must be clearly marked on each page as “CONFIDENTIAL”.

2. If the CITY receives a request to review and/or copy materials submitted by any proposer, it will decline to release those materials marked “CONFIDENTIAL” pursuant to Government Code Section 6255.

3. If the person submitting the request files a legal action against the CITY seeking its release, the CITY will notify the affected proposer(s) and will not oppose a motion by such proposer(s) to intervene in the action. The proposer(s) must either intervene or agree to pay the CITY’s legal expenses in defending the action, including fees, if any, awarded to the plaintiff. Absent such an agreement, the CITY will have no obligation to defend the action and may release the information sought without any liability whatsoever.

4. No proposer may, directly or through an intermediary, employ the Public Records Act to obtain access to non-confidential materials submitted to the CITY by other proposers prior to the execution of the agreement for this contract.

5. No proposer will seek damages against the CITY or recovery of its attorneys’ fees from the CITY because of any dispute related to the release or withholding of information submitted in response to this RFP.

6. Materials that have been marked as “CONFIDENTIAL” will be returned to all unsuccessful proposers once the agreement has been signed by CITY and the selected proposer(s).

City of Yuba City, California Section 5. Submittal Requirements


SECTION 5 - SUBMITTAL REQUIREMENTS

Section 5 includes the required proposal outline and a description of the specific information proposers must include. Proposer must provide the information specified in this section as part of its proposal. Failure to provide all the required information may be grounds for rejection of a proposal. Proposer does not need to reiterate the service requirements of the Franchise Agreement in their proposal. However, proposer is requested to focus on describing how it plans to provide the services with regard to routing strategies, collection methods, and equipment selection. Furthermore, if a proposer has presented information for one type of service that is the same for another type of service, proposer can refer to its previous description rather than reiterating the discussion in its proposal. For example, if SFD solid waste and recyclables collection vehicles are the same, the vehicle description can be provided once for the solid waste service and then referenced for the recyclable materials collection service.

5.1 Proposal Outline

Proposer shall present its proposal in accordance with the outline provided in Table 5.1. The RFP section that contains specific information that must be provided by proposers for each section of its proposal is included in Table 5-1. Additional information or data relevant to the proposal is optional and must be included by proposer as proposal attachments.

Table 5-1 Proposal Outline

Reference RFP Section i. Title Page N.A. ii. Cover Letter 5.2 iii. Table of Contents N.A. ES Executive Summary 5.3 1. Company Description 5.4 A. Business Structure 5.4.1 B. Collection Experience 5.4.2 C. Service Initiation Experience 5.4.3 D. Existing Management & Customer Service Systems 5.4.4 E. Key Personnel 5.4.5 F. Past Performance Record 5.4.6 G. Financial Information 5.4.7 2. Proposal for Requested Collection Services 3.0 and 5.5 A. SFD Services 3.2.1 and 5.5 B. MFD Services 3.2.2 and 5.5 C. Commercial Services 3.2.3 and 5.5



D. Construction and Demolition Services E. CITY Services

3.2.4 and 5.5 3.2.5 and 5.5

F. Processing, Diversion and Disposal Plan G. Public Education and Outreach

3.2.6, 7, 8 and 9 3.4

H. Diversion Requirements 3.5 I. Requirements for Operations, Equipment and

Personnel 3.6

J. Billing, Customer Service, Record Keeping and Reporting

3.7

K. Contractor Implementation Plan 3.8 L. Alternative Proposals 3.9 3. Exceptions to the RFP and Franchise Agreement 5.6 4. Cost Proposal 5.7 A. Base Cost Proposal 5.7.1 B. Alternative Cost Proposals 5.7.2 5. Other Proposal Forms 5.8 A. Proposer Code of Conduct 5.8.1 6. Sludge Transport Cost Proposal (OPTIONAL) 5.9

5.2 Cover Letter

The cover letter shall clearly identify the legal entity or entities submitting the proposal and state whether each is a sole proprietorship, partnership, corporation, LLC, or joint venture. The cover letter shall be signed by the designated representative authorized to bind proposer. Proposer shall acknowledge receipt of any addenda issued as part of this RFP process.

5.3 Executive Summary

Proposer shall provide an executive summary to introduce its proposal and highlight any unique aspects of its approach to providing service to the CITY.

5.4 Company Description

5.4.1 Business Structure

Proposer shall include the following in its proposal:

1. Confirm that proposer is authorized to do business in California.

2. Identify the legal entity that would execute the Franchise Agreement. State whether each entity is a sole proprietorship, partnership, corporation, LLC, or joint venture. Describe in detail the relationship of the proposer to the executing entity. If the proposer is a joint venture, describe where the entities have collaborated before.

3. State the number of years the entities have been organized and doing business under this legal structure. Proposal must include all the names of company’s (and executing entities’ if different than company’s) owners/stockholders with greater than a 10% holding of the company's total assets.



4. Identify other businesses with ownership by principals and/or management.

5. Proposer shall describe all services to be performed by subcontractors, and identify each subcontractor by name. Proposer shall describe any current or past working relationship with the subcontractor(s) in the past five years.

6. Proposer shall declare its intent to offer or not offer employment to eligible employees of the current contractor as described in Section 3.6.3 of this RFP.

5.4.2 Collection Experience

Proposer shall describe its experience serving jurisdictions in California (preferably serving jurisdictions of similar or larger size and similar demographics to the CITY). Proposer’s description for each comparable jurisdiction shall include:

1. The name of the jurisdiction where the services were provided, commencement date of services and term of the agreement;

2. The services provided (e.g., solid waste collection, recyclable materials, organic materials collection, and other unique collection programs such as e-waste or household hazardous waste);

3. The name, address, and telephone number of the jurisdiction representative responsible for administering the agreement; and,

4. The number of residential (i.e., specify SFD and MFD), Commercial (i.e., specify cart, bin, roll-off and other) and CITY (or other) customers served; tons collected, diverted, and disposed annually; and, the type and number of vehicles dispatched per day for each of the services provided.

5.4.3 Service Initiation Experience

The CITY is interested in learning about each proposer’s experience with the following types of service initiations: (1) implementation of new franchise agreements in which the proposer replaced the existing contractor. Include a minimum of three reference projects for which the proposer has initiated a new collection contract and/or new collection services. For each reference program, the description shall include:

1. The name of the jurisdiction where the services were provided, commencement date and term of the agreement;

2. The service initiation performed (i.e., initiation of a new franchise agreement) and length of time to complete;

3. The name, address, and telephone number of the jurisdiction representative responsible for administering the agreement;

4. The number of residential and commercial customers served; tons collected, diverted and disposed annually; and the type and number of vehicles dispatched per day for solid waste, recyclable materials, and organic material collection services;

5. Description of how the company handled the specific requirements for the procurement of vehicles and personnel; training of personnel; billing and fee collection services; determination of routes and operating procedures; delivery of containers; public education;



and the preparation of procedures to ensure a smooth transition from one company to another and one type of service to another, use of recycled content carts; and,

6. Identification of problems that occurred during the initiation of the new contract and solutions implemented to solve the problem(s).

5.4.4 Existing Management and Customer Service Systems

Proposer shall describe the management systems and customer service systems its company uses to manage inquiries and complaints received from residential and commercial customers. If the proposer uses different systems for different communities, then the proposer shall provide a separate description of no more than three systems. The description of the management systems and customer service systems shall include, at a minimum:

1. The name, type of equipment, and software used to maintain routing and customer service information.

2. Management procedures for managing inquiries and complaints and procedures used to minimize complaints (e.g., missed pick-ups, noise, spills, etc.).

3. Description of system capability and/or procedures to ensure timely accessibility of information by jurisdictions served.

4. Description as to whether individual call centers are established for each of the proposer’s service areas or if customer calls are handled by a centralized call center, and shall identify the location of the proposed call center.

5. Indication as to whether the system is used company-wide or for select jurisdictions (listing which jurisdictions).

6. Description of how the customer service information interfaces with route data and billing data.

7. Description of procedures used to satisfactorily respond to, record, and report common customer complaints such as: missed pick-ups; spills and litter resulting from collection; collection schedule changes; broken or missing containers; improperly prepared set-outs; noise complaints; traffic and sidewalk obstruction during collection; and, safety around collection vehicles during operations.

8. Description of how the company measures customer service about the call center’s responsiveness and accuracy of responses, as well as the quality of collection service. Identify specific performance metrics or targets your company tracks. Provide actual reports for at least three jurisdictions that document the actual performance level against your targets including, at a minimum, average hold times of the customer service call center and missed pick-ups.

9. Identify the website that its customers use to obtain customer rates and service information, and to submit inquiries or complaints. Provide website address.

5.4.5 Key Personnel

Provide an organizational chart for key personnel and job descriptions indicating the qualifications and experience of key personnel the proposer would assign to: (1) the transition team; and, (2) the ongoing management of the services provided under the Franchise Agreement. Specify the amount of time each



individual will provide the services specified in the Franchise Agreement. Provide names, and phone numbers of municipal references that have worked with the key proposed management team members. At a minimum, key personnel shall include the general manager, controller, operations manager, route manager(s), customer service manager, maintenance manager, and recycling coordinator or other personnel with similar titles.

5.4.6 Past Performance Record

1. Criminal Proceedings. Describe any criminal proceedings in which the proposer, any affiliate of the proposer, and/or any director or officer of the proposer or affiliate (with respect to their actions in such capacity), and any individual identified as Key Personnel in the Proposal has been named as a defendant that are either currently pending or were concluded within the past five years. For each proceeding, provide the name of the case, the court in which it was filed, the docket number, and the disposition.

2. Civil Litigation. Describe any lawsuit in which the proposer or any affiliate of the proposer has been named as a defendant or cross-defendant, either currently pending or were concluded within the past five years. For each lawsuit, provide the name of the case, the court in which it was filed, the docket number, and the disposition. Lawsuits which involved only claims for personal injury or property damage arising from vehicle accidents which resulted in defense verdicts or in judgments against defendant, or settlements, of less than $10,000, need not be disclosed.

3. Administrative Proceedings. Describe any administrative proceedings involving the proposer or any affiliate initiated by federal, state or local regulatory agencies (including, by way of example, the United States Environmental Protection Agency, the Department of Resources Recycling and Recovery, the California Department of Toxic Substances Control, the California Highway Patrol, the California Department of Motor Vehicles, the California Department of Industrial Relations, the State Water Resources Control Board or any regional water quality control board) that are either currently pending or were concluded within the past five years. For each, provide the name of the agency, the office or District in which the proceeding occurred, the nature of the proceeding, the disposition, and the amount of any fines or penalties assessed.

4. Payment of Liquidated Damages. List each jurisdiction in California (e.g., City, county, special district, or JPA) which has assessed liquidated damages against the proposer or any affiliate of the proposer within the past five years in an amount greater than $25,000. For each jurisdiction, list the amount of liquidated damages paid and the event initiating contractual liability for liquidated damages.

5. Worker Safety. For the proposer, and any affiliate of the proposer, provide information detailing its worker safety record for the past five years. The information shall include employee safety metrics commonly used in the industry including but not limited to the number of hours lost for individual injuries per employee and workers' compensation insurance ratios. 6. Customer Service. For the proposer, and any affiliate of the proposer, provide information detailing deficiencies in compliance with contractually stipulated customer service requirements for the past five years. The information shall include a description of the areas of customer



service that were not complied with, the duration and scope of the non-compliance, and how the Contractor addressed and/or resolved the problems.

Proposers may limit information requested in Items 2, 3, 5 and 6 to civil lawsuits, administrative proceedings, worker safety records, and customer service deficiencies to those arising out of the proposer’s (and its affiliates’) operations and facilities in California.

Note: The term "affiliate" as used in this RFP is defined in Article 1 of the Franchise Agreement.

5.4.7 Financial Information

1. Financial Statements. Submit audited financial statements for the most-recently completedfiscal year for the legal entities that would execute the Franchise Agreement. If proposer is anew entity, the proposal must include statements from the majority owners’ existing businessentities. All such statements are to be prepared in accordance with Generally AcceptedAccounting Principles applied on a consistent basis and shall be audited in accordance withGenerally Accepted Auditing Standards and shall include a statement by the chief financialofficer of the entity described in the Franchise Agreement that there has been no materialadverse change in such condition or operations as reflected in the submitted balance sheet andincome statements since the date on which they were prepared.

2. Financing Plan. Describe the plan for financing all capital requirements (i.e., those listed inAttachment 8, Cost Proposal Forms) in a "Sources and Uses of Funds" format, which describesthe sources of required capital (e.g., banks, leasing companies, cash reserves, etc.) and uses(e.g., property, trucks, equipment, containers, reserves, etc.).

5.5 General Collection Related Submittal Requirements

Proposer shall describe how it plans to perform the collection services requested in Section 3 of this RFP and described in the Franchise Agreement. Information must separately address all four service sectors: SFD, MFD, Commercial, and CITY facilities. Proposer must explain any differences in the method of delivering the services, equipment used, and containers to be provided. The description shall also note differences in terms of routing strategies, collection methods, vehicles, collection crew size, etc. In addition, proposer must describe in detail why its technical approach to the services was chosen and its benefits to the CITY.

Proposer shall include, at a minimum, the following:

1. Routing strategy and productivity assumptions for SFD, MFD, Commercial and CITY facilities;discussion of special routing (if any) for collecting in narrow streets, courts, and alleys; and routeproductivity assumptions (in terms of SFD accounts per route per day and MFD/Commercial liftsper route per day) and where these productivity assumptions have been accomplished in othercities serviced by the proposer;

2. Collection methodology (e.g., automated, semi-automated, one- or two-person crews, etc.),including discussion of special methods (if any) for collecting in any hard-to-service areas.

3. Number of and description of the collection vehicles to be utilized (e.g. vehicle description,manufacturer and model number, cost, capacity, age, lease or ownership arrangements, etc.).New vehicles are required for residential and MFD/Commercial/CITY collection services. (Thisrequirement is primarily to ensure that comparable cost proposals are submitted. The CITY



reserves the right to allow the contractor to provide used collection vehicles.) New or used vehicles may be used for support vehicles.

Manufacturer’s specifications of containers to be utilized. New Carts shall be provided for SFD and new or used containers (i.e., carts, bins and Drop Boxes) may be provided for MFD/Commercial/CITY customers. It is anticipated that the current franchised hauler will negotiate with the selected proposer(s) to transfer ownership of all MFD and Commercial bins and/or Drop Boxes if the current hauler is not selected. However, proposers must base proposals on the assumption that new carts, bins and Drop Boxes will be purchased. (This requirement is primarily to ensure that comparable cost proposals are submitted. The CITY reserves the right to allow the contractor to provide used containers/bins.) Container requirements are described in Article 7.10 of the Franchise Agreement. Proposer shall supply complete technical data and manufacturing specifications on the specific cart, bins and Drop Boxes being used. Proposer must also provide a detailed user’s list of other jurisdictions using the same make and model of cart. The CITY or its designee may use this information as a reference list regarding the quality of products and service records of the manufacturer. Note: The CITY is migrating from a 32-gallon cart default service level to a 96-gallon cart default service level. Proposer is advised to factor in the new default service level when estimating cart distribution and not assume that the current distribution of cart sizes among SFD customers will apply.

4. For SFD, proposer must present assumptions regarding the percentage of customers that will place materials curbside and factor in the anticipated number of customers eligible for Low Income Senior Citizen rates as described in Article 8.3 of the Franchise Agreement. Describe the basis for deriving these assumptions.

5. Proposer shall propose a Household Hazardous Waste program for the CITY’s optional use at the commencement of the contract term or at any other time during the term of the contract. The Proposer shall include a description of the program, including approach, frequency, outreach and education, and proposed rate structure(s).

6. Details on the proposed Transfer Facility, Disposal Facility, Recyclables Materials Processing Facility and/or Organics Processing Facility. For each facility please provide the following: documentation that all existing permits and approvals are in place; documentation that the facility has sufficient capacity to process the materials from the CITY service area; description of how the materials will be delivered to the facility, either direct hauled or transferred with details on any transfer operations; rate per ton for each facility; and, one-way mileage from the service area (assume CITY Hall at 1201 Civic Center Boulevard, Yuba City) to the proposed facility.

5.6 Exceptions to RFP and Franchise Agreement

The CITY expects that the successful proposer(s) will execute a single Franchise Agreement with the CITY in substantially the same form as the draft Franchise Agreement (as it may be changed via Addendum during the RFP process).

Proposers are required to review carefully the Franchise Agreement before submitting proposals and are encouraged to have it reviewed by legal counsel. Proposers are also encouraged to submit written questions, or raise questions at the Pre-Proposal Meeting, about any provision in the Franchise Agreement not fully understood, which would appear to be inconsistent with other provisions or



otherwise incorrect, or which may deter them from submitting a Proposal or significantly increase the cost of their Proposal.

If a proposer is not willing to execute Franchise Agreements with the CITY because of specific provisions in the Franchise Agreement, it must identify each provision to which it takes exception (“objectionable provision”) in its Proposal. Each objectionable provision must be presented separately by stating the specific objectionable provision, the suggested changes, if any, to the objectionable provision, the program or services related to the objectionable provision, and the reason for the needed change to the objectionable provision. If Proposers submit suggested changes to the Franchise Agreement language related to objectionable provisions, they must identify the specific dollar change in each of the affected cost items, as proposed by the Proposer in response to this RFP, which would take place if the suggested change was accepted by the CITY. Proposers should note that if suggested changes are proposed or objectionable provisions identified, all required information as set forth above must be submitted. Suggested changes or objections to provisions, without providing the required information will not be considered. Proposers should also note that the submittal of suggested changes to the Franchise Agreement or objections to provisions does not obligate the CITY to revise the terms of the Franchise Agreement as published in this RFP, including such revisions as may be issued by the CITY during the RFP process.

The number, nature and materiality of objectionable provisions and suggested changes to the Franchise Agreement will be considered in evaluating proposals.

5.7 Cost Proposal

Proposer shall follow the instructions provided below for preparation of the cost proposal. All elements described are required submittals except for the alternative cost proposals.

Proposers are to prepare base cost proposals as requested in Section 5.7.1 solely on the program specifications set forth in the RFP documents without considering any exceptions or alternatives.

The proposal assumptions, operating statistics, and cost proposal information submitted by proposer will be evaluated to determine the reasonableness of the contractor’s compensation requirement and will serve as a baseline for establishing Rate Year One contractor’s compensation and future adjustments to contractor’s compensation. The cost proposal shall be firm and valid for a period of one year from the submittal date of the proposal.

Within 30 days of request by the CITY, the selected contractor shall revise the cost proposal forms and submit adjusted proposed costs that shall reflect any alternative programs which will be included in the scope. These “adjusted proposed costs” will be included in the executed Franchise Agreement. The CITY may request additional detailed cost and operating assumptions to fully understand the adjusted cost proposal and verify its reasonableness.

5.7.1 Base Cost Proposal

Proposer shall be required to submit a complete set of cost forms for the Base Cost Proposal. When proposers complete the Base Cost Proposal for the core programs (Forms provided as Attachment 8), proposals shall be made based on the following assumptions:

1. All collection services described in the Franchise Agreement shall be included in thescope;



2. The provision of the collection services shall be governed by the terms and conditions of the Franchise Agreement;

3. New services shall commence October 1, 2019;

4. For the purposes of preparing the cost proposal, please specify the processing fee to be charged for recyclables materials and organic materials. Please breakout the processing fee to reflect transportation costs/ton and the actual tipping fee or rebate charged at the processing facility

5. For the purposes of preparing the cost proposal, the number of accounts, container lifts, and Drop Box pulls to be serviced by contractor shall be as specified on the designated Cost Proposal Form. The account data provided on the cost forms is actual 2016 data.

6. For the purposes of preparing the cost proposal, the tonnage collected by the contractor shall be that specified on the designated Cost Proposal Form.

7. For the purposes of preparing the cost proposal, the fees to be paid to the CITY shall include the following:

• 10% Franchise Fee

• 1% Road Maintenance and Operational Impact Fee The proposed rates shall not include the Surcharge and NDPES Fees, which will be added to the finalized City rates but not included as part of the proposal for the purposes of evaluation.

8. Proposers shall propose annualized costs associated with implementation of the new collection services. The proposer shall estimate one-time implementation costs, annualize the costs over 10 years, and present the annualized costs. The annualized implementation costs shall assume full implementation of new services on October 1, 2019. These implementation costs shall be allocated on the designated Cost Proposal Forms.

5.7.2 Alternative Cost Proposals

Proposer may present, at its option, alternative cost proposals. If the Proposer prepares an alternative cost proposal they are still required to submit a Base Cost Proposal. These alternative proposals are proposals that are different than the base cost proposals. The alternative cost proposals shall be based on the technical description provided by the proposer pursuant to Section 3.8 of this document.

If a proposer chooses to present an alternative proposal for a collection strategy other than that discussed in the RFP or Franchise Agreement, proposer is required to submit an additional, complete set of the Cost Proposal Forms provided as Attachment 8, documenting an alternative cost proposal. Forms shall clearly indicate “Alternative Proposal for _______” on each page of the additional cost proposal.

5.8 Other Proposal Forms

5.8.1 Proposer Code of Conduct

Each proposer shall complete and submit the Proposer Code of Conduct (Attachment 2) and Non-Collusion Affidavit (Attachment 3). The Proposer Code of Conduct and Non-Collusion Affidavit shall be signed by the designated representative authorized to bind the proposing



company and shall be submitted within three days of RSVP’ing for the Pre-Proposal Meeting. Proposers may email a PDF version of the signed document to the email address provided in Section 4.4.1 to meet the deadline and concurrently mail the original, signed Code of Conduct to the address provided in Section 4.4.4.

5.9 Optional Sludge Transport Proposal

The CITY seeks transport and/or disposal services for CITY sludge. Proposers may offer a proposal to transport the CITY’s sludge to Ostrom Road Landfill, or to transport the CITY’s sludge to another facility. This proposal is optional and will be considered separately from the Proposal for Collection Services. Attachment 9 provides the transport requirements and historical data, as well as a proposal form for this service.

5.10 Additional Information

Additional information or data relevant to the proposal is optional and may be included by a proposer as an attachment to the proposal.

City of Yuba City, California Section 6. Proposal Evaluation Process


SECTION 6 - PROPOSAL EVALUATION PROCESS

This section describes the proposed process for evaluating proposals and selecting the collection contractor. Section 6.1 describes the evaluation process for the contract award recommendation to the City Council. Section 6.2 presents the evaluation criteria. Note that the CITY reserves the right to modify this process in any way and at any time during the RFP and contractor selection process.

6.1 Proposal Evaluation Process

6.1.1 Evaluation and Selection Process

A detailed evaluation of the proposals will be conducted and the proposals will be ranked. A comparative description of the proposals and evaluation results will be prepared. The evaluation and recommendation will be presented to City Council. The City Council will review the recommendation and approve that recommendation or form an alternative recommendation.

6.1.2 Evaluation Tasks

The following tasks will be completed as part of the evaluation process.

• Review of all proposals received for compliance

• Analysis of financial capabilities of companies

• Reference checks

• Evaluation of reasonableness and competitiveness of cost proposals

• Request for clarification information from the proposer

• Rating of proposals using a quantitative method based on the criteria presented in Section 6.2

• Ranking of proposals using the established evaluation criteria

• Preparation of a report including the comparative summary of proposals, the evaluation results and rankings

During the process, proposer will be required to attend any interviews, allow site visits,

and give presentations to the CITY if requested and as applicable.

6.2 Evaluation Criteria

Proposals will be numerically scored and ranked using the criteria and weighting described in this section. The scores assigned will reflect the extent to which criteria is fulfilled relative to other proposals.

The evaluation criteria and maximum score that can be achieved for each criterion is presented in Table 6-1.



Table 6-1 Evaluation Criteria and Weighting

The CITY reserves the right to act in the best interest of its residents and businesses, including the right to reject a proposal that is given the highest quantitative scoring in the evaluation process if the proposal is not in the best interest of residents and businesses.

The potential factors that may be considered when developing the score for each criterion are presented below.

6.2.1 Responsiveness (Pass/Fail)

Proposer must be fully compliant with the RFP and procurement procedures as demonstrated by submittal of all elements required by Sections 3 and 5 of this RFP; full completion of all cost proposal forms required in Section 5.6; compliance with process guidelines presented in Section 4; and adherence to the code of conduct signed by the proposer.

6.2.2 Company Qualifications and Experience

1. Collection Experience. Demonstrated experience of company providing the requested or similar services to other jurisdictions. If the proposer is a joint venture, demonstrated experience of parties working together.

2. Service Initiation Experience. Demonstrated experience of company’s ability to implement new collection services and new franchise agreements and obligations that are like the CITY services in comparable sized communities.

3. Management and Customer Service Systems. Demonstrated capabilities of the company’s existing management and customer service systems’ abilities to track and monitor contract compliance, quality of collection service, and call center responsiveness and to report data required (see Article 8 of the Franchise Agreement). In the event the company proposes use of a new or modified system, the extent to which such system has the potential to meet the CITY’s needs and contract requirements will be evaluated.

4. Key Personnel Qualifications. Extent and relevance of the qualifications and experience of key personnel proposed for the transition team and on-going management of the CITY’s collection operations.

Evaluation Criteria Weighting

Responsiveness to RFP Pass/Fail

Company Qualifications and Experience 25%

Proposal for Collection Services 25%

Implementation Plan and Capabilities, including 12% for the retention of employees as described in Section 3.6.3 of this RFP.

20%

Cost Proposal 30%

Number and Materiality of Suggested Changes to Franchise Agreement Noted



5. Past Performance Record. Review of company’s history with litigation andregulatory action (e.g., nature of past and pending civil, legal, regulatory, andcriminal actions; history and nature of payments of liquidated damages); regulatorycompliance related to equipment and facilities including compliance with land usepermits, storm water discharge permits, state highway requirements, etc.).

6. Financial Stability. Financial strength and ability of company to acquire equipmentand provide financial assurance of performance based on review of its auditedfinancial statements and its proposed financing plan and the relationship of theCITY’s Franchise Agreement to the company’s total annual revenues.

7. Jurisdiction Satisfaction. Satisfaction of company’s references with the servicesreceived in the past 10 years (including, but not limited to, implementation,customer service, call center, billing, payment of fees, reporting, and the handling ofcontractual issues).

6.2.3 Proposal for Collection Services

1. Collection Approach. Reasonableness and reliability of the proposed collectionmethods (e.g., technology, equipment, and containers); reasonableness ofproductivity and operating assumptions (i.e., number of routes, route drivers, routehours, stops per route, and other operating statistics), if applicable; andreasonableness of assumptions.

2. Collection Facilities. Plan for providing the facilities needed for equipment storageand parking, maintenance, and administration. Level of assurance provided, if any,about site acquisition and timely development of necessary facilities if notproposing an existing, operational and permitted facility.

3. Diversion Programs. The nature, reliability, and innovation of proposed diversionprograms and potential of such programs to divert solid waste from landfill disposaland meet the diversion requirements of Article 6.7 of the Franchise Agreement.

4. Public Education and Promotion Program. Compatibility of the proposed educationprogram, staffing level, and program ideas with the needs of the CITY and therequirements of Article 5.11 of the Franchise Agreement; and, the quality of publiceducation samples relative to other proposers.

6.2.4 Implementation Plan and Capabilities

1. Employee Retention Plan. Employee retention plan to meet or exceed requirementsdescribed in Section 3.6.3 of this RFP.

2. Implementation Plan. Reasonableness of implementation schedule and ability tomeet deadlines (e.g., reasonableness of equipment procurement schedules,implementation staffing levels, public education program, container/cartdistribution, new corporation or maintenance yard development, contingency plans,etc.).

3. Capacity. Reasonableness and reliability of the proposed facilities for transfer,disposal and/or processing of solid waste, recyclable materials and organicmaterials, including documentation of existing facility permitting/approvals and/or



guarantee of sufficient capacity for tonnage from the CITY service area, and the reasonableness of proposed material transport plans.

4. Customer Service. Customer service approach, staffing levels, and CITY-specifictraining programs.

5. Billing System. Billing approach, and procedures for handling customer billingactivities.

6.2.5 Cost Proposal

1. Reasonableness of Cost Proposals. Logical relationship between proposed costs andoperational assumptions for the base cost proposal.

2. Competitiveness of Cost Proposals. Cost competitiveness relative to otherproposals.

6.2.6 Number and Materiality of Suggested Changes to Franchise Agreement

The number, nature and materiality of suggested changes to the Franchise Agreement will be considered in evaluating proposals.

6.27 Alternative Technical Proposals

The CITY is not obligated to evaluate or select alternative proposals. Alternative proposals will be considered by the CITY if the CITY concludes, in its sole discretion, that the alternative proposals warrant evaluation and analysis. Such evaluation will consider the reasonableness and reliability of proposed collection methods, technology, equipment, and containers; and the reasonableness of productivity and operating assumptions (i.e., number of routes, route drivers, route hours, stops per route, and other operating statistics).

At the CITY’s option, the reasonableness and competitiveness of one or more alternative proposal(s) may be evaluated.

City of Yuba City, California Attachments

RFP for Franchised Collection Services 11/28/17 Attachment 1

Attachment 1: Draft Franchise Agreement for Collection Services



Draft Franchise Agreement for Collection Services

The Draft Agreement is provided as a separate Word document attached under separate cover.



Attachment 2: Proposer Code of Conduct



PROPOSER CODE OF CONDUCT

The City of Yuba City is planning to request and receive proposals for Solid Waste Management and

Recycling Services within the jurisdiction of the City.

The members of the City Council are obligated to comply with the Political Reform Act of 1974 (“PRA”)

and the Brown Act (Government Code §56950 et seq.).

The City has a desire to maintain a process free from any undue influence and the appearance of

impropriety. The City prepared this “Proposer Code of Conduct”.

A potential proposer is defined as any individual or entity involved in making a proposal to the City

under the Collector Selection Process (“Potential Proposer”). Each Potential Proposer is individually

responsible for ensuring compliance with the following Code of Conduct. The Potential Proposer’s

responsibility to comply with this Code of Conduct shall extend to the Potential Proposer’s employees,

agents, consultants, lobbyists, or other parties or individuals engaged for the purposes of developing or

supporting the Potential Proposer’s proposal.

The Proposer Code of Conduct is presented below:

1. Ex Parte Communications Prohibited

From November 28, 2017, until the execution of the Agreement with the selected Proposer, potential

Proposers are prohibited from having any verbal or written communications (ex parte contacts) with any

City Council Members related to any matter related to the RFP process or Collector Selection process,

except in the course of a legally noticed meeting of the City Council, or any subcommittee of the

Council, or in conjunction with an ex parte contact arranged by and involving the City staff and/or

consultants. If any such unauthorized ex parte contact occurs, the Council member shall disclose its

occurrence at the next meeting of the City Council that next follows the said ex parte contact.

2. Gift and Compensation Prohibited

From November 28, 2017, until the execution of the Agreement with the selected Proposer, potential

Proposers are prohibited from giving any gift of any monetary value, or compensation of any kind (as

defined under the California Political Reform Act) to a City Council Member or any City staff member or

consultant. Please be aware that any Council Member who accepts such a gift or compensation may be

subject to censure by the City Council. Any City staff member who violates this policy may be subject to

discipline including termination of services, and any consultant who violates this policy may be subject

to termination of services. Any Potential Proposer who violates this policy as to gifts or compensation

may be subject to disqualification by the City Council from the Collector Selection Process.

3. Collusive Activities Prohibited

From November 28, 2017, until the execution of the Agreement with the selected Proposer, collusive

activities among Potential Proposers are expressly forbidden and will likely result in immediate

disqualification from the Collector Selection Process. If two or more Potential Proposers are developing

a joint proposal, the Potential Proposers must notify Sloan Vazquez McAfee using the email provided in

Section 4.4.1 no later than thirty (30) days prior to the deadline for submission of proposals. This

notification will be kept confidential until after submission of all technical and cost proposals.

The following affidavit is submitted by proposer as a part of this proposal:



The undersigned deponent, of lawful age, being duly sworn, upon his oath deposes and says: that he has

lawful authority to execute the within and foregoing proposal; that he has executed the same by

subscribing his name hereto under oath for and on behalf of said 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 framing out to any proposer or proposers or other persons of any part of

the agreement 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 whomsoever, except those

having a partnership or other financial interest with him in said proposal or proposals, until after the said

sealed proposal or proposals are opened.

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

prospective agreement; or in any discussions between proposers and any City of Yuba City official

concerning exchange of money or other things of value for special consideration in the letting of an

agreement; that the proposer/Company has not paid, given or donated or agreed to pay, give or donate

to any official, officer or employee of the City of Yuba City directly or indirectly, in the procuring of the

award of agreement pursuant to this proposal.

4. Submission of Code of Conduct

The signed, notarized Code of Conduct must be submitted as described in Section 4.3.1. Proposer Code

of Conduct.

I declare under penalty of perjury of the laws of the State of California that the foregoing is true

and correct and that this Code of Conduct was executed on this _____ day of

___________________, 2017 at _________________________________.

SIGNED BY: ____________________________________________________________________

TITLE: _____________________________________________________________________

Subscribed and sworn to before me on this _____ day of ____________________________,

2017 at _________________________________.

Notary Public My Commission expires:



Attachment 3: Non-Collusion Affidavit



Non-Collusion Affidavit

The following affidavit is submitted by proposer as a part of this proposal:

The undersigned deponent, of lawful age, being duly sworn, upon his oath deposes and says: that he has

lawful authority to execute the within and foregoing proposal; that he has executed the same by

subscribing his name hereto under oath for and on behalf of said 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 framing out to any proposer or proposers or other persons of any part of

the agreement 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 whomsoever, except those

having a partnership or other financial interest with him in said proposal or proposals, until after the said

sealed proposal or proposals are opened.

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

prospective agreement; or in any discussions between proposers and any City of Yuba City official

concerning exchange of money or other things of value for special consideration in the letting of an

agreement; that the proposer/Company has not paid, given or donated or agreed to pay, give or donate

to any official, officer or employee of the City of Yuba City directly or indirectly, in the procuring of the

award of agreement pursuant to this proposal.

I declare under penalty of perjury of the laws of the State of California that the foregoing is true

and correct and that this Code of Conduct was executed on this ______ day of

___________________, 2017 at _________________________________.

SIGNED BY: ____________________________________________________________________

TITLE: _____________________________________________________________________

Subscribed and sworn to before me on this _______ day of ____________________________,

2017 at _________________________________.

Notary Public My Commission expires:



Attachment 4: Supplemental List of City Facilities


List of City Facilities and Public Receptacle Locations

City Hall

• 3-yard dumpster

• 3-yard recycling

• Two (2) 60-gallon blue recycling carts

Corporate Yard

• One (1) 30-yard Green Waste Bin picked up as needed

• One (1) 25-yard Green Waste Bin picked up as needed

• One (1) 5-Yard Cardboard Bin picked up as needed

• One (1) 5-Yard Solid Waste Bin picked up weekly

• One (1) 2- yard Solid Bin picked up weekly

• One (1) 5-yard Hazardous Waste dumpster pickup

Parks

Sam Brannan

• (one) 5 Yard dumpster dumped twice a week

Blackburn tally

• One (1) 5-yard solid waste bin collected twice weekly

• One (1) 25-yard solid waste bin collected weekly

• One (1) 30-yard green waste bin collected weekly

Gauche Aquatic Park

• Two (2) 5-yard solid waste bins collected twice weekly

One (1) 30-yard bin at each park of the parks listed above as well as the parks listed below

during leaf removal season, as coordinated with the City

• Bogue Park

• Civic Center Field

• Greenwood Park

• Happy Park

• Hillcrest Park

• Holly Tree Park

• Kingwood Park

• Lloyd Park

• Maple Park

• Moore Park

• Northridge Park

• Patriot Park

• Regency Park

• Shanghai Garden Park

• Southside Park



Senior Center

• (One) 5-yard solid waste bin collected weekly

• (One) 5-yard cardboard bin collected weekly

Animal Control

• One (1) 5-Yard solid waste bin collected weekly

• Three (3) 96-gallon recycle carts

Police

• One (1) 4-yard solid waste bin collected every week and one (1) 3-yard cardboard bin picked up

every week.

Wastewater Treatment Plant

• One (1) 6-yard solid waste bin and one (1) 7-yard solid waste bin used for solids from the Vactor

lift station.

• Two (2) 20-yard bin, one (1) for metal and one (1) for solid waste emptied as needed.

• One (1) 4-yard Rag bin located at the head works and one (1) 4- yard Grit bin located at the grit

building, collected weekly.

• One (1) 4-yard solid waste bin and one (1) 3-yard cardboard only bin, and two (2) 96-gallon

recycle carts collected weekly.

Water Treatment Plant

• One (1) 5-yard bin and one 96-gallon recycle cart serviced weekly.



Attachment 5: Current Demographics



Current Demographics

The information presented below is for information purposes only. Each proposer should take whatever

steps it believes are necessary to determine the actual service requirements of the City of Yuba City and

understand service conditions in the City of Yuba City when preparing a proposal.

Yuba City is located approximately 40 miles north of Sacramento. Yuba City has developed through the

years as a residential community, and is the trading and service center for the surrounding agricultural

area.

According to the California Department of Finance, population and housing estimates for the City are as

follows:

Demographics

Population 67,386 Single-Family Detached 15,586

Total Dwelling Units 23,635 Single-Family Attached 928

Occupied 21,985 Multi-Family 2 to 4 Units 1,927

Percent Vacant 7.0% Multi-Family 5 Plus Units 4,240

Persons Per Household 3.04 Mobile Homes 954

Note: From California Department of Finance Table 2: E-5 City/County Population and Housing Estimates, 1/1/2016.

The census information is intended only to provide a broad overview. The City asserts no claim as to its

accuracy.

City Map



Attachment 6: Current Service Data



Current Service Data

The City has obtained from the current Authorized Collector the following data regarding Service. The

City neither warrants nor accepts responsibility for the accuracy of the information.

RESIDENTIAL CURBSIDE COLLECTION

QTY SOLID WASTE CARTS RECYCLING CARTS GREEN WASTE CARTS

Household 96 Gal 64 Gal 35 Gal 96 Gal 68 Gal 32 Gal 96 Gal 68 Gal 32 Gal

Weekly Residential Refuse Collection

17,614 308 2,120 15,186

Weekly Residential Recycling Collection

18,169 1,161 17,006 2

Weekly Green Waste Collection

18,872 18,870 2 -

Extra Cart 6 6 - - - - -

COMMERCIAL CART/BIN/COMPACTOR

REFUSE SERVICE Commercial Cart/Bin Compactor

Size 1 X

Week 2 X

Week 3 X

Week 4 X

Week 5 X

Week 6 X

Week 7 X

Week 1 X

Week

32 Gallon Cart 143 - - - - - - -

64 Gallon Cart 2 - - - - - - -

96 Gallon Cart 463 2 - - - - - -

1 YD 9 - - - - - - -

1.5 YD 7 1 - - - - - -

2 YD 182 9 1 - - - - 1

3 YD 106 35 6 - 3 - - -

4 YD 109 81 41 7 7 1 - 1

5 YD 40 11 4 - 2 - - -

6 YD 43 30 14 4 1 - - -

7YD 62 43 13 3 3 2 - -

Size COMMERCIAL CART/BIN RECYCLING SERVICE

1 X Week 2 X Week 3 X Week 4 X Week 5 X Week 6 X Week 7 X Week

32 Gallon Cart - - - - - - -

64 Gallon Cart 67 - - - - - -

96 Gallon Cart 994 - - - - - -

1 YD - - - - - - -

1.5 YD 1 - - - - - -

2 YD 62 - - - - - -

3 YD 72 6 1 - - - -

4 YD 77 20 12 - - - -

5 YD 10 5 3 - - - -

6 YD 17 5 2 - - - -

7YD 16 6 - 4 - - -

6 YD Compactor 2 - - - - - -



Size

COMMERCIAL CART/BIN ORGANIC WASTE SERVICE

Frequency

1 X Week 2 X Week 3 X Week 4 X Week 5 X Week 6 X Week 7 X Week

32 Gallon Cart 0 0 0 0 0 0 0

64 Gallon Cart 0 0 0 0 0 0 0

96 Gallon Cart 382 - - - - - -

1 YD - - - - - - -

1.5 YD - - - - - - -

2 YD - - - - - - -

3 YD 3 - - - - - -

4 YD - - - - - - -

5 YD - - - - - - -

6 YD - - - - - - -

7YD - - - - - - -

Size ROLL OFF SERVICE

Company Owned Customer Owned

9 YD 26

15 YD 657

20 YD 169

25 YD 240

30 YD 188

40 YD 601

55 YD

COMPACTOR 668

OTHER SERVICES QTY

2-CY Food Waste 52

4-CY Food Waste 208

Temp 4-CY Bin Service -

Temp 7-CY Bin Service 103

Commercial Bulky Item Pickup White Goods -

Commercial BI Pickup - Other Items -

Residential Bulky Item Pickup - (beyond free service) -

Extra Refuse Bags (automated customers) 542

ANNUAL TONNAGE: 2016

Type Refuse Recycling Green Waste

Bulky Items

Residential 11,645 7,164 11,850 48

Commercial 14,688

Roll-Off 9,892



Attachment 7: Current Rates

Attachment 7

City of Yuba CityRates Effective 10/1/17

Residential Rates

Rates Effective 10/1/2016 Rates Effective 10/1/2017Base Rate Household Base Rate Household

Base Franchise Including NPDES Hazardous Total Base Franchise Including NPDES Hazardous TotalService Description Rate Fees Franchise Fees Waste / RWMA Rate for Rate Fees Franchise Fees Waste / RWMA Rate for

Fees Surcharge Services Fees Surcharge ServicesStandard 32 - Gallon Refuse Cart* $24.48 $2.13 $26.61 $0.27 $0.75 $27.63 $24.83 $2.46 $27.29 $0.27 $0.75 $28.31Low-Income Senior Citizen 32-Gallon Refuse Cart* $18.37 $1.60 $19.97 $0.09 $0.75 $20.81 $18.63 $1.84 $20.47 $0.09 $0.75 $21.3164 - Gallon Refuse Cart* $36.72 $3.19 $39.91 $0.36 $0.75 $41.02 $37.24 $3.68 $40.92 $0.36 $0.75 $42.0396 - Gallon Refuse Cart* $48.95 $4.26 $53.21 $0.46 $0.75 $54.42 $49.65 $4.91 $54.56 $0.46 $0.75 $55.77Extra 32 - Gallon Refuse Cart $12.24 $1.06 $13.30 $0.09 $13.39 $12.41 $1.23 $13.64 $0.09 $13.73Extra 64 - Gallon Refuse Cart $24.48 $2.13 $26.61 $0.18 $26.79 $24.83 $2.46 $27.29 $0.18 $27.47Extra 96 - Gallon Refuse Cart $36.72 $3.19 $39.91 $0.28 $40.19 $37.24 $3.68 $40.92 $0.28 $41.20Extra Bag of Refuse (Per Pickup Rate) $4.08 $0.35 $4.43 $4.43 $4.14 $0.41 $4.55 $4.55

* Customers will be supplied 1 blue 64 - gallon cart for recycling and 1 green 96 - gallon cart for green yard waste. The cost of these services is included in the price for refuse service.

Attachment 7


Commercial Container Rates



Fees Surcharge Services Fees Surcharge Services1 Yard1 Time per Week $106.40 $9.25 $115.65 $0.58 $3.15 $119.38 $107.91 $10.67 $118.58 $0.58 $3.15 $122.312 Times per Week $179.82 $15.64 $195.46 $1.16 $5.40 $202.02 $182.37 $18.04 $200.41 $1.16 $5.40 $206.973 Times per Week $265.27 $23.07 $288.34 $1.74 $7.95 $298.03 $269.04 $26.61 $295.65 $1.74 $7.95 $305.344 Times per Week $326.68 $28.41 $355.09 $2.31 $9.75 $367.15 $331.32 $32.77 $364.09 $2.31 $9.75 $376.155 Times per Week $404.59 $35.18 $439.77 $2.89 $12.15 $454.81 $410.34 $40.58 $450.92 $2.89 $12.15 $465.966 Times per Week $518.45 $45.08 $563.53 $3.47 $15.60 $582.60 $525.81 $52.00 $577.81 $3.47 $15.60 $596.88

1.5 Yard1 Time per Week $142.36 $12.38 $154.74 $0.87 $4.35 $159.96 $144.38 $14.28 $158.66 $0.87 $4.35 $163.882 Times per Week $245.80 $21.37 $267.17 $1.74 $7.35 $276.26 $249.29 $24.66 $273.95 $1.74 $7.35 $283.043 Times per Week $337.23 $29.32 $366.55 $2.60 $10.20 $379.35 $342.02 $33.83 $375.85 $2.60 $10.20 $388.654 Times per Week $437.45 $38.04 $475.49 $3.47 $13.20 $492.16 $443.66 $43.88 $487.54 $3.47 $13.20 $504.215 Times per Week $537.94 $46.78 $584.72 $4.34 $16.20 $605.26 $545.58 $53.96 $599.54 $4.34 $16.20 $620.086 Times per Week $690.85 $60.07 $750.92 $5.21 $20.70 $776.83 $700.66 $69.30 $769.96 $5.21 $20.70 $795.87

2 Yard1 Time per Week $170.92 $14.86 $185.78 $1.16 $5.10 $192.04 $173.35 $17.14 $190.49 $1.16 $5.10 $196.752 Times per Week $272.62 $23.71 $296.33 $2.31 $8.25 $306.89 $276.49 $27.35 $303.84 $2.31 $8.25 $314.403 Times per Week $374.60 $32.57 $407.17 $3.47 $11.25 $421.89 $379.92 $37.57 $417.49 $3.47 $11.25 $432.214 Times per Week $479.50 $41.70 $521.20 $4.63 $14.40 $540.23 $486.31 $48.10 $534.41 $4.63 $14.40 $553.445 Times per Week $585.89 $50.95 $636.84 $5.79 $17.55 $660.18 $594.21 $58.77 $652.98 $5.79 $17.55 $676.326 Times per Week $744.79 $64.76 $809.55 $6.94 $22.35 $838.84 $755.37 $74.71 $830.08 $6.94 $22.35 $859.37

3 Yard1 Time per Week $206.87 $17.99 $224.86 $1.74 $6.15 $232.75 $209.81 $20.75 $230.56 $1.74 $6.15 $238.452 Times per Week $343.28 $29.85 $373.13 $3.47 $10.35 $386.95 $348.15 $34.43 $382.58 $3.47 $10.35 $396.403 Times per Week $500.49 $43.52 $544.01 $5.21 $15.00 $564.22 $507.60 $50.20 $557.80 $5.21 $15.00 $578.014 Times per Week $620.38 $53.95 $674.33 $6.94 $18.60 $699.87 $629.19 $62.23 $691.42 $6.94 $18.60 $716.965 Times per Week $761.27 $66.20 $827.47 $8.68 $22.80 $858.95 $772.08 $76.36 $848.44 $8.68 $22.80 $879.926 Times per Week $973.99 $84.69 $1,058.68 $10.42 $29.25 $1,098.35 $987.82 $97.70 $1,085.52 $10.42 $29.25 $1,125.19

4 Yard1 Time per Week $248.71 $21.63 $270.34 $2.31 $7.50 $280.15 $252.24 $24.95 $277.19 $2.31 $7.50 $287.002 Times per Week $418.02 $36.35 $454.37 $4.63 $12.60 $471.60 $423.96 $41.93 $465.89 $4.63 $12.60 $483.123 Times per Week $590.40 $51.34 $641.74 $6.94 $17.70 $666.38 $598.78 $59.22 $658.00 $6.94 $17.70 $682.644 Times per Week $764.17 $66.45 $830.62 $9.26 $22.95 $862.83 $775.02 $76.65 $851.67 $9.26 $22.95 $883.885 Times per Week $941.10 $81.83 $1,022.93 $11.57 $28.20 $1,062.70 $954.46 $94.40 $1,048.86 $11.57 $28.20 $1,088.636 Times per Week $1,210.79 $105.29 $1,316.08 $13.89 $36.30 $1,366.27 $1,227.98 $121.45 $1,349.43 $13.89 $36.30 $1,399.62

Attachment 7





Fees Surcharge Services Fees Surcharge Services5 Yard1 Time per Week $257.63 $22.40 $280.03 $2.89 $7.80 $290.72 $261.29 $25.84 $287.13 $2.89 $7.80 $297.822 Times per Week $456.94 $39.73 $496.67 $5.79 $13.80 $516.26 $463.43 $45.83 $509.26 $5.79 $13.80 $528.853 Times per Week $659.34 $57.33 $716.67 $8.68 $19.80 $745.15 $668.70 $66.14 $734.84 $8.68 $19.80 $763.324 Times per Week $866.19 $75.32 $941.51 $11.57 $25.95 $979.03 $878.49 $86.88 $965.37 $11.57 $25.95 $1,002.895 Times per Week $1,071.50 $93.17 $1,164.67 $14.47 $32.25 $1,211.39 $1,086.72 $107.48 $1,194.20 $14.47 $32.25 $1,240.926 Times per Week $1,387.53 $120.65 $1,508.18 $17.36 $41.70 $1,567.24 $1,407.23 $139.18 $1,546.41 $17.36 $41.70 $1,605.47

6 Yard1 Time per Week $265.27 $23.07 $288.34 $3.47 $7.95 $299.76 $269.04 $26.61 $295.65 $3.47 $7.95 $307.072 Times per Week $494.50 $43.00 $537.50 $6.94 $14.85 $559.29 $501.52 $49.60 $551.12 $6.94 $14.85 $572.913 Times per Week $728.19 $63.32 $791.51 $10.42 $21.90 $823.83 $738.53 $73.04 $811.57 $10.42 $21.90 $843.894 Times per Week $965.07 $83.92 $1,048.99 $13.89 $28.95 $1,091.83 $978.77 $96.80 $1,075.57 $13.89 $28.95 $1,118.415 Times per Week $1,204.83 $104.77 $1,309.60 $17.36 $36.15 $1,363.11 $1,221.94 $120.85 $1,342.79 $17.36 $36.15 $1,396.306 Times per Week $1,561.32 $135.77 $1,697.09 $20.83 $46.95 $1,764.87 $1,583.49 $156.61 $1,740.10 $20.83 $46.95 $1,807.88

7 Yard1 Time per Week $296.77 $25.81 $322.58 $4.05 $8.85 $335.48 $300.98 $29.77 $330.75 $4.05 $8.85 $343.652 Times per Week $551.42 $47.95 $599.37 $8.10 $16.50 $623.97 $559.25 $55.31 $614.56 $8.10 $16.50 $639.163 Times per Week $809.17 $70.36 $879.53 $12.15 $24.30 $915.98 $820.66 $81.16 $901.82 $12.15 $24.30 $938.274 Times per Week $1,071.50 $93.17 $1,164.67 $16.20 $32.25 $1,213.12 $1,086.72 $107.48 $1,194.20 $16.20 $32.25 $1,242.655 Times per Week $1,333.60 $115.97 $1,449.57 $20.25 $40.05 $1,509.87 $1,352.54 $133.77 $1,486.31 $20.25 $40.05 $1,546.616 Times per Week $1,732.24 $150.63 $1,882.87 $24.30 $52.05 $1,959.22 $1,756.84 $173.75 $1,930.59 $24.30 $52.05 $2,006.94

8 Yard1 Time per Week $338.59 $29.44 $368.03 $4.63 $10.20 $382.86 $343.40 $33.96 $377.36 $4.63 $10.20 $392.192 Times per Week $605.40 $52.64 $658.04 $9.26 $18.15 $685.45 $614.00 $60.73 $674.73 $9.26 $18.15 $702.143 Times per Week $901.96 $78.43 $980.39 $13.89 $27.15 $1,021.43 $914.77 $90.47 $1,005.24 $13.89 $27.15 $1,046.284 Times per Week $1,198.73 $104.24 $1,302.97 $18.52 $36.00 $1,357.49 $1,215.75 $120.24 $1,335.99 $18.52 $36.00 $1,390.515 Times per Week $1,488.00 $129.39 $1,617.39 $23.15 $44.70 $1,685.24 $1,509.13 $149.25 $1,658.38 $23.15 $44.70 $1,726.236 Times per Week $1,826.64 $158.84 $1,985.48 $27.78 $54.90 $2,068.16 $1,852.58 $183.22 $2,035.80 $27.78 $54.90 $2,118.48

Attachment 7





Fees Surcharge Services Fees Surcharge Services1 Yard Bin - Extra Service Only $28.91 $2.51 $31.42 $31.42 $29.32 $2.90 $32.22 $32.221.5 Yard Bin - Extra Service Only $32.05 $2.79 $34.84 $34.84 $32.51 $3.22 $35.73 $35.732 Yard Bin - Extra Service Only $38.56 $3.35 $41.91 $41.91 $39.11 $3.87 $42.98 $42.983 Yard Bin - Extra Service Only $44.95 $3.91 $48.86 $48.86 $45.59 $4.51 $50.10 $50.104 Yard Bin - Extra Service Only $51.33 $4.46 $55.79 $55.79 $52.06 $5.15 $57.21 $57.215 Yard Bin - Extra Service Only $54.57 $4.75 $59.32 $59.32 $55.34 $5.47 $60.81 $60.816 Yard Bin - Extra Service Only $57.85 $5.03 $62.88 $62.88 $58.67 $5.80 $64.47 $64.477 Yard Bin - Extra Service Only $64.22 $5.58 $69.80 $69.80 $65.13 $6.44 $71.57 $71.578 Yard Bin - Extra Service Only $70.59 $6.14 $76.73 $0.00 $76.73 $71.59 $7.08 $78.67 $0.00 $78.67Temporary 7 Yard Bin (available to residences) $138.68 $12.06 $150.74 $3.00 $153.74 $140.65 $13.91 $154.56 $3.00 $157.56

Attachment 7

City of Yuba City Rates Effective 10/1/17

Front Load Compactor RatesRates Effective 10/1/2016 Rates Effective 10/1/2017Base Rate Household Base Rate Household

Base Franchise Including NPDES Hazardous Total Base Franchise Including NPDES Hazardous TotalService Description Rate * Fees Franchise Fees Waste / RWMA Rate for Rate * Fees Franchise Fees Waste / RWMA Rate for

Fees Surcharge ** Services Fees Surcharge ** Services1.3 Yd Compactor

1 time per week $225.84 $19.64 $245.48 $0.75 $4.35 $250.58 $229.05 $22.65 $251.70 $0.75 $4.35 $256.802 times per week $451.69 $39.28 $490.97 $1.50 $7.35 $499.82 $458.10 $45.31 $503.41 $1.50 $7.35 $512.263 times per week $677.52 $58.91 $736.43 $2.25 $10.20 $748.88 $687.14 $67.96 $755.10 $2.25 $10.20 $767.554 times per week $903.35 $78.55 $981.90 $3.00 $13.20 $998.10 $916.18 $90.61 $1,006.79 $3.00 $13.20 $1,022.995 times per week $1,129.19 $98.19 $1,227.38 $3.75 $16.20 $1,247.33 $1,145.22 $113.26 $1,258.48 $3.75 $16.20 $1,278.436 times per week $1,355.05 $117.83 $1,472.88 $4.50 $20.70 $1,498.08 $1,374.29 $135.92 $1,510.21 $4.50 $20.70 $1,535.41

2 Yd Compactor1 time per week $347.45 $30.21 $377.66 $1.16 $5.10 $383.92 $352.38 $34.85 $387.23 $1.16 $5.10 $393.492 times per week $694.87 $60.42 $755.29 $2.31 $8.25 $765.85 $704.74 $69.70 $774.44 $2.31 $8.25 $785.003 times per week $1,042.33 $90.64 $1,132.97 $3.47 $11.25 $1,147.69 $1,057.13 $104.55 $1,161.68 $3.47 $11.25 $1,176.404 times per week $1,389.77 $120.85 $1,510.62 $4.63 $14.40 $1,529.65 $1,409.50 $139.40 $1,548.90 $4.63 $14.40 $1,567.935 times per week $1,737.21 $151.06 $1,888.27 $5.79 $17.55 $1,911.61 $1,761.88 $174.25 $1,936.13 $5.79 $17.55 $1,959.476 times per week $2,084.64 $181.27 $2,265.91 $6.94 $22.35 $2,295.20 $2,114.24 $209.10 $2,323.34 $6.94 $22.35 $2,352.63

3 Yd Compactor1 time per week $521.17 $45.32 $566.49 $1.74 $6.15 $574.38 $528.57 $52.28 $580.85 $1.74 $6.15 $588.742 times per week $1,042.34 $90.64 $1,132.98 $3.47 $10.35 $1,146.80 $1,057.14 $104.55 $1,161.69 $3.47 $10.35 $1,175.513 times per week $1,563.50 $135.96 $1,699.46 $5.21 $15.00 $1,719.67 $1,585.70 $156.83 $1,742.53 $5.21 $15.00 $1,762.744 times per week $2,084.65 $181.27 $2,265.92 $6.94 $18.60 $2,291.46 $2,114.25 $209.10 $2,323.35 $6.94 $18.60 $2,348.895 times per week $2,605.82 $226.59 $2,832.41 $8.68 $22.80 $2,863.89 $2,642.82 $261.38 $2,904.20 $8.68 $22.80 $2,935.686 times per week $3,126.99 $271.91 $3,398.90 $10.42 $29.25 $3,438.57 $3,171.39 $313.65 $3,485.04 $10.42 $29.25 $3,524.71



6 Yd Compactor1 time per week $1,042.34 $90.64 $1,132.98 $3.47 $7.95 $1,144.40 $1,057.14 $104.55 $1,161.69 $3.47 $7.95 $1,173.112 times per week $2,084.65 $181.27 $2,265.92 $6.94 $14.85 $2,287.71 $2,114.25 $209.10 $2,323.35 $6.94 $14.85 $2,345.143 times per week $3,126.99 $271.91 $3,398.90 $10.42 $21.90 $3,431.22 $3,171.39 $313.65 $3,485.04 $10.42 $21.90 $3,517.364 times per week $4,169.32 $362.55 $4,531.87 $13.89 $28.95 $4,574.71 $4,228.52 $418.21 $4,646.73 $13.89 $28.95 $4,689.575 times per week $5,211.65 $453.19 $5,664.84 $17.36 $36.15 $5,718.35 $5,285.66 $522.76 $5,808.42 $17.36 $36.15 $5,861.936 times per week $6,253.97 $543.82 $6,797.79 $20.83 $46.95 $6,865.57 $6,342.78 $627.31 $6,970.09 $20.83 $46.95 $7,037.87

* Base Rate is based on 4.3333 pick-ups per month at $40.66/cu.yd. or $176.19 per month times the compactor size and frequency of pick-ups per week.

** Household Hazardous Waste / RWMA Surcharge Rates are based on rates for the same size of commercial containers and service frequency. Rates for the 1.3 Yard Compactor are based on the rates for the 1.5 Yard Commercial Container.

Attachment 7


Commercial Can and Cart Rates



Fees Surcharge Services Fees Surcharge ServicesCommercial Can $23.94 $2.08 $26.02 $0.09 $0.75 $26.86 $24.28 $2.40 $26.68 $0.09 $0.75 $27.52Additional Commercial Can $22.16 $1.93 $24.09 $0.09 $0.75 $24.93 $22.47 $2.22 $24.69 $0.09 $0.75 $25.53

Commercial Cart $48.02 $4.18 $52.20 $0.28 $1.50 $53.98 $48.70 $4.82 $53.52 $0.28 $1.50 $55.30Additional Commercial Cart $48.02 $4.18 $52.20 $0.28 $1.50 $53.98 $48.70 $4.82 $53.52 $0.28 $1.50 $55.30

To determine the rate for additional service days per week, multiply the rate above by the number of pickups per week.

Attachment 7


Debris Box Rates



Fees Surcharge Services Fees Surcharge Services09Yd Dirt/Concrete Debris $392.95 $34.17 $427.12 7.50 $434.62 $398.53 $39.42 $437.95 $7.50 $445.4515 Yd Debris Box $316.50 $27.52 $344.02 6.30 $350.32 $320.99 $31.75 $352.74 $6.30 $359.0420 Yd Debris Box $365.17 $31.75 $396.92 7.50 $404.42 $370.36 $36.63 $406.99 $7.50 $414.4925 Yd Debris Box $393.03 $34.18 $427.21 8.10 $435.31 $398.61 $39.42 $438.03 $8.10 $446.1330 Yd Debris Box $431.35 $37.51 $468.86 9.00 $477.86 $437.48 $43.27 $480.75 $9.00 $489.7540 Yd Debris Box $507.84 $44.16 $552.00 10.80 $562.80 $515.05 $50.94 $565.99 $10.80 $576.79

Compactor Rate Per Cubic Yard $44.47 $3.87 $48.34 $0.13* $0.90 $49.37 $45.10 $4.46 $49.56 $0.13* $0.90 $50.59* NPDES fee is $0.13355107/Cubic Yard

Wood Debris Box $172.16 $14.97 $187.13 $0.00 $187.13 $174.60 $17.27 $191.87 $0.00 $191.87

15 Yard Tires $580.37 $50.47 $630.84 $10.20 $641.04 $588.61 $58.21 $646.82 $10.20 $657.0220 Yard Tires $735.17 $63.93 $799.10 $12.90 $812.00 $745.61 $73.74 $819.35 $12.90 $832.2525 Yard Tires $879.62 $76.49 $956.11 $15.45 $971.56 $892.11 $88.23 $980.34 $15.45 $995.7930 Yard Tires $1,024.13 $89.05 $1,113.18 $18.00 $1,131.18 $1,038.67 $102.73 $1,141.40 $18.00 $1,159.4040 Yard Tires $1,227.97 $106.78 $1,334.75 $21.45 $1,356.20 $1,245.41 $123.17 $1,368.58 $21.45 $1,390.03

Trip Charge / Same Day Service $71.86 $6.25 $78.11 - $78.11 $72.88 $7.21 $80.09 - $80.09

Demurrage Charge $17.69 $1.54 $19.23 - $19.23 $17.94 $1.77 $19.71 - $19.71



Attachment 8: Cost Proposal Forms



Cost Proposal Forms

The Cost Proposal Forms are provided as an Excel workbook attached under separate cover.



Attachment 9: Sludge Transport Statistics and Optional Cost Proposal Form



SLUDGE TRANSPORT STATISTICS AND OPTIONAL PROPOSAL FORM

Hauling and Disposal of Treated Sewage Sludge Service

A. Service Overview

The CITY desires Sludge Transport services. Proposers are strongly encouraged to provide a proposal to

conduct services or arrange for a subcontractor to conduct sludge transport services.

Contractor (or subcontractor) shall provide the equipment, labor and/or facility necessary for the hauling

and end use of the CITY’s treated sewage sludge from the CITY’s Wastewater Treatment Facility. Title to

the treated sewer sludge shall pass to the Contractor (or subcontractor) at such time as the Contractor

(or subcontractor) hooks up and transports the dump trucks/trailers containing the treated sewer sludge

from the CITY’s Wastewater Treatment Facility, provided that treated sewer sludge meets all of the

minimum State and Federal acceptance criteria at the Contractor’s owned and/or contracted landfill

facility.

The sludge is picked up at the Wastewater Treatment Plant a minimum of one time per day. In 2016,

7,301.22 tons of biosolids were transported to the landfill.

B. Terms of Service

The applicable sections and requirements in the Agreement will be in force as they pertain to this service,

including but not limited to the provision regarding insurance, indemnification and permits and licenses.

Proposer, by submitting this optional proposal, confirms awareness of 503 rules and regulations regarding

the transportation of Class A and B Biosolids, including any required testing.

C. Proposed Rate

Proposer shall propose a fixed rate per end dump trailer haul (using a minimum of a 35-yard end dump

trailer, all inclusive. The rate shall be subject to the annual rate adjustment methodology as described in

the Agreement.

1. Rate per haul: $__________

2. Intended Landfill: ____________________________________________________________

3. Distance (miles, one way) from the CITY’s Wastewater Treatment Plant to the intended

landfill: ___________

4. Attach confirmation of agreement (i.e., letter, contract, etc.) with intended landfill

guaranteeing capacity for the CITY’s treated sewage sludge.



5. If using a subcontractor, provide subcontractor information on a separate page(s) including

subcontractor’s business structure, experience in providing sludge transport services and

confirmation of compliance 503 rules and regulations regarding the transportation of Class

A and B biosolids, including any required testing.

___________________________________________ ______________________________ Authorized Signature Company

___________________________________________ ______________ _________ Name Title Date



Attachment 10: AB 1669 Sections 1070 - 1075



ASSEMBLY BILL 1669

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The heading of Chapter 4.6 (commencing with Section 1070) of Part 3 of Division 2 of the Labor Code is amended to read:

CHAPTER 4.6. Public Transit Service Contracts and Contracts for the Collection and Transportation of Solid Waste

SEC. 2. Section 1070 of the Labor Code is amended to read:

1070. The Legislature finds and declares all of the following:

(a) That when public agencies with jurisdiction over public transit services or the collection and transportation of solid waste award contracts to operate bus and rail services, or to provide for the collection and transportation of solid wasteto a new contractor, qualified employees of the prior contractor who are not reemployed by the successor contractor face significant economic dislocation as a result.

(b) That those displaced employees rely unnecessarily upon the unemployment insurance system, public social services, and health programs, increasing costs to these vital government programs and placing a significant burden upon both thegovernment and the taxpayers.

(c) That it serves an important social purpose to establish incentives for contractors who bid on public transit servicecontracts or contracts for the collection and transportation of solid waste to retain qualified employees of the prior contractor to perform the same or similar work.


1071. The following definitions apply to this chapter:

(a) “Awarding authority” means any local government agency, including any city, county, special district, transit district, joint powers authority, or nonprofit corporation that awards or otherwise enters into contracts for public transit services or for the collection and transportation of solid waste performed within the State of California.

(b) “Bidder” means any person who submits a bid to an awarding authority for a public transit service contract, an exclusive contract for the collection and transportation of solid waste, or a subcontract.

(c) “Contractor” means any person who enters into a public transit service contract or an exclusive contract for thecollection and transportation of solid waste with an awarding authority.

(d) “Employee” means any individual who works for a contractor or subcontractor under a contract. “Employee” does not include an executive, administrative, or professional employee exempt from the payment of overtime compensation within the meaning of subdivision (a) of Section 515 or any person who is not an “employee” as defined under Section 2(3) of the National Labor Relations Act (29 U.S.C. Sec. 152(3)).

(e) “Person” means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into contracts.

(f) “Public transit services” means the provision of passenger transportation services to the general public, including paratransit service.

(g) “Service contract” means any contract the principal purpose of which is to provide public transit services or theexclusive right to provide collection and transportation of solid waste through the use of employees.

(h) “Solid waste” has the same meaning as defined in Section 40191 of the Public Resources Code.



(i) “Subcontractor” means any person who is not an employee who enters into a contract with a contractor to perform a portion of the contractor’s express obligations under a service contract. “Subcontractor” does not include a contractor’s vendors, suppliers, insurers, or other service providers.


1072. (a) A bidder shall declare as part of the bid for a service contract whether or not the bidder will retain the employees of

the prior contractor or subcontractor for a period of not less than 90 days, as provided in this chapter, if awarded theservice contract.

(b) An awarding authority letting a service contract out to bid shall give a 10 percent preference to any bidder who agrees to retain the employees of the prior contractor or subcontractor pursuant to subdivision (a).

(c) (1) If the awarding authority announces that it intends to let a service contract out to bid, the existing servicecontractor, within a reasonable time, shall provide to the awarding authority the number of employees who are performing services under the service contract and the wage rates, benefits, and job classifications of those employees. In addition, the existing service contractor shall make this information available to any entity that the awarding authority has identified as a bona fide bidder. This information shall be made available to each bona fide bidder in writing at least 30 days before bids for the service contract are due, whether by inclusion of the information in the request for bids or otherwise. If the successor service contract is awarded to a new contractor, the existing contractor shall provide thenames, addresses, dates of hire, wages, benefit levels, and job classifications of employees to the successor contractor. Theduties imposed by this subdivision shall be contained in all service contracts.

(2) A successor contractor or subcontractor who agrees to retain employees pursuant to subdivision (a) shall retainemployees who have been employed by the prior contractor or subcontractors, except for reasonable and substantiatedcause. That cause is limited to the particular employee’s performance or conduct while working under the prior contract or the employee’s failure of any controlled substances and alcohol test, physical examination, criminal background check required by law as a condition of employment, or other standard hiring qualification lawfully required by the successor contractor or subcontractor.

(3) The successor contractor or subcontractor shall make a written offer of employment to each employee to be retainedpursuant to subdivision (a). That offer shall state the time within which the employee must accept that offer, but in no case less than 10 days. Nothing in this section requires the successor contractor or subcontractor to pay the same wages or offer the same benefits provided by the prior contractor or subcontractor.

(4) If, at any time, the successor contractor or subcontractor determines that fewer employees are required than wererequired under the prior contract or subcontract, the successor contractor or subcontractor shall retain qualifiedemployees by seniority within the job classification. In determining those employees who are qualified, the successor contractor or subcontractor may require an employee to possess any license that is required by law to operate theequipment that the employee will operate as an employee of the successor contractor or subcontractor.

SEC. 5. Section 1075 is added to the Labor Code, to read:

1075. Notwithstanding any other provision of this chapter, the following shall apply to service contracts for the collection and transportation of solid waste:

(a) A successor contractor or subcontractor shall be required to retain only employees of a contractor or subcontractor under a prior service contract whose employment would be terminated if the service contract were awarded to another contractor or subcontractor.

(b) A successor contractor or subcontractor shall not be required to retain an employee of a contractor or subcontractor under a prior service contract under any of the following circumstances:

(1) If the employee of the prior contractor or subcontractor does not meet any standard hiring qualification lawfully required by the successor contractor or subcontractor for the position.



(2) If the successor contractor or subcontractor would be required to terminate or reassign an existing employee coveredunder a collective bargaining agreement with the successor contractor or subcontractor in order to hire the employee ofthe prior contractor or subcontractor.

(3) If, and to the extent, the actual number of employees meeting the requirements of this chapter exceeds the number of those employees communicated to bona fide bidders in accordance with paragraph (1) of subdivision (c) of Section 1072.

(c) An employee or his or her agent shall not bring an action against a successor contractor or subcontractor under subdivision (a) of Section 1073 without first giving the successor contractor or subcontractor written notice of theviolation or breach and 30 days to cure the violation or breach. An awarding authority shall not terminate a servicecontract under subdivision (a) of Section 1074 without first giving the successor contractor or subcontractor written notice of the violation or breach and 30 days to cure the violation or breach.

(d) This chapter shall only apply to service contracts for the collection and transportation of solid waste when an awarding agency decides to let an exclusive solid waste collection and transportation contract out to bid. It is not intended to determine whether or not a local agency should procure a service contract by inviting bids, extend an existing service contract, renegotiate its service contract with the prior contractor, or exercise any other right it possesses pursuant to Section 40059 of the Public Resources Code to determine aspects of solid waste handling that are of local concern.

(e) This chapter does not modify, limit, or abrogate in any manner any franchise, contract, license, or permit granted or extended by a city, county, or other local government agency before January 1, 2017.

SEC. 6. Section 1076 is added to the Labor Code, to read:

1076. The amendments and additions to this chapter made by the act adding this section shall not apply to contracts awarded before January 1, 2017, or to contracts for which the bid process has been completed before January 1, 2017.

SEC. 7. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

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