HomeMy WebLinkAboutAgreement A-18-230 with Mid Valley Disposal.pdf1 2 AGREEMENT 3 THIS AGREEMENT ("Agreement") is made and entered into this_day of ____ _ 4 2018, by and between the COUNTY OF FRESNO, a political subdivision of the State of California, 5 hereinafter referred to as "COUNTY", and MID VALLEY DISPOSAL, a California corporation, 6 whose address is 15300 W. Jensen Ave, Kerman, CA 93630, hereinafter referred to as 7 "CONTRACTOR". 8 W I T N E S S E T H: 9 WHEREAS, the COUNTY has a need for solid waste collection, disposal, and recycling 10 services; and 11 WHEREAS, the COUNTY issued Request for Quotation No.17-057 ("the RFQ") which 12 solicited bids from qualified vendors to provide solid waste collection, disposal, and recycling 13 services; and 14 WHEREAS, the CONTRACTOR submitted the most responsive bid for providing the 15 services requested in the RFQ; and 16 WHEREAS, the CONTRACTOR is qualified and willing to perform said services as stated 17 in the CONTRACTOR'S response to the RFQ ("the Response"). 18 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions 19 herein contained, the parties hereto agree as follows: 20 1. OBLIGATIONS OF THE CONTRACTOR 21 A. CONTRACTOR shall provide all solid waste collection, disposal, and 22 recycling Services at specified COUNTY facilities in accordance with the specifications, 23 requirements, terms, conditions, etc. of the RFQ and the Response, which are attached hereto as 24 Exhibit liA" and Exhibit "B," respectively, and incorporated herein by reference. 25 B. CONTRACTOR shall comply with all requirements of the Non-Exclusive 26 Waste Haulers Agreement (NEWHA), including but not limited to, renewal, maintaining the 27 appropriate permits, complying with inspections, record keeping, reporting, and payment of fees, a 28 fully executed copy of which is attached hereto as Exhibit "C" and incorporated herein by -1-1stMayAgreement No. 18-230
1 reference. 2 C. CONTRACTOR shall be responsible for the collection, transportation, and 3 disposal of solid waste generated at designated facilities in accordance with all local, state, and 4 federal laws. 5 D. CONTRACTOR shall provide containers for the collection of solid waste 6 materials generated at each designated facility 7 E. CONTRACTOR shall collect solid waste on a regularly scheduled basis, as 8 determined by CONTRACTOR and agreed upon by COUNTY. 9 F. CONTRACTOR shall maintain a clean area around dumpsters, removing 10 any debris created as a result of the collection activity. 11 G. CONTRACTOR shall respond to irregularities in waste generation, and 12 must respond within 24 hours to any unforeseen/special pick-ups requested by COUNTY. 13 H. CONTRACTOR shall provide provisions for organics recycling to be 14 implemented at County facilities by July, 2019. 15 I. For each quarterly period of this Agreement, CONTRACTOR shall prepare 16 a report summarizing the services (pickups, loads, etc.) provided at each County facility location 17 for the preceding 3 months ("Quarterly Report"). The Quarterly Report and all accompanying 18 documentation must be received by COUNTY by the 15th of the month following the end of the 19 quarter covered by the Quarterly Report. For example, a Quarterly Report must be submitted by 20 April 15th reflecting services provided in the preceding January, February, and March. Each 21 Quarterly Report shall be provided in the format attached hereto as Exhibit "D". All reports shall be 22 submitted in both electronic and hard copy format to: 23 24 25 26 27 28 Email: fcswdrdesk@co.fresno.ca.us Address: ATTN: Tonnage Desk PWP -Resources 2220 Tulare Street 6th Floor Fresno, CA 93721 -2-
1 2 2. OBLIGATIONS OF THE COUNTY 3 A. COUNTY shall compensate the CONTRACTOR as provided in Section 5 4 of this Agreement. 5 B. COUNTY shall provide CONTRACTOR with a list of all COUNTY facilities 6 to be serviced by CONTRACTOR under this Agreement, which further specifies the particular 7 department or division of the COUNTY to which the services for each such facility shall be billed.:. 8 3. TERM 9 This Agreement shall commence upon execution and remain in effect for a period of 10 three (3) years (the "Primary Term"). This Agreement may be extended for two (2) additional one 11 (1) year periods, upon written approval of both parties (each a "Renewal Term"). The Director of 12 Internal Services/Chief Information Officer or his or her designee is authorized to execute such 13 written approval on behalf of COUNTY based on CONTRACTOR's satisfactory performance. 14 4. TERMINATION 15 A. Non-Allocation of Funds -The terms of this Agreement, and the services to 16 be provided hereunder, are contingent on the approval of funds by the appropriating government 17 agency. Should sufficient funds not be allocated, the services provided may be modified, or this 18 Agreement terminated, at any time, by giving the CONTRACTOR thirty (30) days advance written 19 notice. 20 B. Breach of Contract - The COUNTY may immediately suspend or terminate 21 this Agreement in whole or in part, where in the determination of the COUNTY there is: 22 23 24 25 COUNTY; 26 1) An illegal or improper use of funds; 2) A failure to comply with any term of this Agreement; 3) A substantially incorrect or incomplete report submitted to the 4) Improperly performed service. 27 In no event shall any payment by the COUNTY constitute a waiver by the 28 COUNTY of any breach of this Agreement or any default, which may then exist on the part of the -3-
1 CONTRACTOR. Neither shall such payment impair or prejudice any remedy available to the 2 COUNTY with respect to the breach or default. The COUNTY shall have the right to demand of 3 the CONTRACTOR the repayment to the COUNTY of any funds disbursed to the CONTRACTOR 4 under this Agreement, which in the judgment of the COUNTY were not expended in accordance 5 with the terms of this Agreement. The CONTRACTOR shall promptly refund any such funds upon 6 demand. 7 C. Without Cause -Under circumstances other than those set forth above, 8 this Agreement may be terminated by COUNTY upon the giving of thirty (30) days advance written 9 notice of an intention to terminate to CONTRACTOR. 10 5. COMPENSATION: 11 COUNTY agrees to pay CONTRACTOR for all solid waste collection, disposal, and 12 recycling services provided under this Agreement in accordance with the rates set forth as in 13 CONTRACTOR's Quotation Schedule attached hereto as Exhibit "E" and incorporated herein by 14 reference. 15 Expenditures for the 3 year Primary Term shall not exceed $300,000. Expenditures for 16 each Renewal Term shall not exceed $100,000. In no event shall expenditures during the entire 17 potential five (5) year term of this Agreement exceed $500,000. It is understood that all expenses 18 incidental to CONTRACTOR'S performance of services under this Agreement shall be borne by 19 CONTRACTOR. 20 6. INVOICING: 21 CONTRACTOR shall submit via U.S mail, monthly invoices in arrears to the 22 responsible COUNTY department or division listed below. For example, the monthly invoice sent 23 to the Internal Services Department shall cover only those services provided at facilities under that 24 Department's authority for the preceding month. 25 26 27 28 County of Fresno Internal Services Department Facility Services Division 4590 E. Kings Canyon Rd Fresno, CA 93702 -4-County of Fresno Sheriff-Coroner's Office Attn: Business Office -Account Payables 2200 Fresno St. Fresno, CA 93717
1 2 3 4 County of Fresno Public Works & Planning -Roads 2220 Tulare St., 6th Floor Fresno, Ca 93721 5 The invoice and all accompanying documentation must be received by the 6 applicable COUNTY department or division by the 15th of the month for the previous month's 7 billing. At a minimum, each invoice shall reference the provided contract number and shall contain 8 the following information: 9 • An exact description and count by date of each of the services (pickups, 10 loads, etc.) at each location provided in the previous calendar month and 11 extended by the appropriate service rate. 12 • Signed copies of dispatch tickets from CONTRACTOR and certified weight 13 tickets from the disposal or processing site, including the date, truck number, 14 and tare weight, and net weight of recyclable materials, compostable 15 materials, and trash hauled during the month. 16 • A summary, shown as a credit, of the proceeds from the sales of recyclables, 17 must be part of the invoice. 18 • Any other information that COUNTY deems necessary. 19 20 In the event any errors, overcharges or omissions are identified in the monthly 21 invoice, CONTRACTOR shall provide a new corrected invoice for the month in question. Invoice 22 terms shall be net 45 days. 23 7. INDEPENDENT CONTRACTOR: In performance of the work, duties and 24 obligations assumed by CONTRACTOR under this Agreement, it is mutually understood and 25 agreed that CONTRACTOR, including any and all of the CONTRACTOR'S officers, agents, and 26 employees will at all times be acting and performing·as an independent contractor, and shall act in 27 an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or 28 associate of the COUNTY. Furthermore, COUNTY shall have no right to control or supervise or -5-
1 direct the manner or method by which CONTRACTOR shall perform its work and function. 2 However, COUNTY shall retain the right to administer this Agreement so as to verify that 3 CONTRACTOR is performing its obligations in accordance with the terms and conditions thereof. 4 CONTRACTOR and COUNTY shall comply with all applicable provisions of law and 5 the rules and regulations, if any, of governmental authorities having jurisdiction over matters the 6 subject thereof. 7 Because of its status as an independent contractor, CONTRACTOR shall have 8 absolutely no right to employment rights and benefits available to COUNTY employees. 9 CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its 10 employees all legally-required employee benefits. In addition, CONTRACTOR shall be solely 11 responsible and save COUNTY harmless from all matters relating to payment of 12 CONTRACTOR'S employees, including compliance with Social Security withholding and all other 13 regulations governing such matters. It is acknowledged that during the term of this Agreement, 14 CONTRACTOR may be providing services to others unrelated to the COUNTY or to this 15 Agreement. 16 8. MODIFICATION: Any matters of this Agreement may be modified from time 17 to time by the written consent of all the parties without, in any way, affecting the remainder. 18 9. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this 19 Agreement nor their rights or duties under this Agreement without the prior written consent of the 20 other party. 21 10. HOLD HARMLESS: CONTRACTOR agrees to indemnify, save, hold 22 harmless, and at COUNTY'S request, defend the COUNTY, its officers, agents, and employees 23 from any and all costs and expenses, damages, liabilities, claims, and losses occurring or 24 resufting to COUNTY in connection with the performance, or failure to perform, by 25 CONTRACTOR, its officers, agents, or employees under this Agreement, and from any and all 26 costs and expenses, damages, liabilities, claims, and losses occurring or resulting to any person, 27 firm, or corporation who may be injured or damaged by the performance, or failure to perform, 28 of CONTRACTOR, its officers, agents, or employees under this Agreement. -6-
1 11. INSURANCE 2 Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR 3 or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the 4 following insurance policies or a program of self-insurance, including but not limited to, an 5 insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the 6 Agreement: 7 A. Commercial General Liability 8 Commercial General Liability Insurance with limits of not less than One Million 9 Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million Dollars ($2,000,000). 10 This policy shall be issued on a per occurrence basis. COUNTY may require specific coverages 11 including completed operations, products liability, contractual liability, Explosion-Collapse-12 Underground, fire legal liability or any other liability insurance deemed necessary because of the 13 nature of this contract. 14 B. Automobile Liability 15 Comprehensive Automobile Liability Insurance with limits for bodily injury of not less 16 than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand 17 Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand 18 Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand 19 Dollars ($500,000.00). Coverage should include owned and non-owned vehicles used in 20 connection with this Agreement. 21 C. Professional Liability 22 If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., RN., L.C.S.W., 23 M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One 24 Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual 25 aggregate. 26 D. Worker's Compensation 27 A policy of Worker's Compensation insurance as may be required by the California 28 Labor Code. CONTRACTOR shall obtain endorsements to the Commercial General Liability -7-
1 insurance naming the County of Fresno, its officers, agents, and employees, individually and 2 collectively, as additional insured, but only insofar as the operations under this Agreement are 3 concerned. Such coverage for additional insured shall apply as primary insurance and any other 4 insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees shall be 5 excess only and not contributing with insurance provided under CONTRACTOR's policies herein. 6 This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance 7 written notice given to COUNTY. 8 Within thirty (30) days from the date CONTRACTOR signs and executes this 9 Agreement, CONTRACTOR shall provide certificates of insurance and endorsement as stated 10 above for all of the foregoing policies, as required herein, to the County of Fresno, Internal 11 Services Department, Facility Services, Attn: Facility Services Manager, 4590 E. Kings 12 Canyon Rd, Fresno Ca 93702, stating that such insurance coverages have been obtained and 13 are in full force; that the County of Fresno, its officers, agents and employees will not be 14 responsible for any premiums on the policies; that such Commercial General Liability insurance 15 names the County of Fresno, its officers, agents and employees, individually and collectively, as 16 additional insured, but only insofar as the operations under this Agreement are concerned; that 17 such coverage for additional insured shall apply as primary insurance and any other insurance, or 18 self-insurance, maintained by COUNTY, its officers, agents and employees, shall be excess only 19 and not contributing with insurance provided under CONTRACTOR's policies herein; and that this 20 insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, 21 written notice given to COUNTY. 22 In the event CONTRACTOR fails to keep in effect at all times insurance coverage 23 as herein provided, the COUNTY may, in addition to other remedies it may have, suspend or 24 terminate this Agreement upon the occurrence of such event. 25 Ai'I policies shall be issued by admitted insurers licensed to do business in the State 26 of California, and such insurance shall be purchased from companies possessing a current A.M. 27 Best, Inc. rating of A FSC VII or better. 28 12. AUDITS AND INSPECTIONS: The CONTRACTOR shall at any time during -8-
1 business hours, and as often as the COUNTY may deem necessary, make available to the 2 COUNTY for examination all of its records and data with respect to the matters covered by this 3 Agreement. The CONTRACTOR shall, upon request by the COUNTY, permit the COUNTY to 4 audit and inspect all of such records and data necessary to ensure CONTRACTOR'S compliance 5 with the terms of this Agreement. 6 If this Agreement exceeds ten thousand dollars ($10,000.00)., CONTRACTOR shall 7 be subject to the examination and audit of the Auditor General for a period of three (3) years after 8 final payment under contract (Government Code Section 8546.7). 9 13. NOTICES: The persons and their addresses having authority to give and 10 receive notices under this Agreement include the following: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY Internal Services Department Robert W. Bash Director of Internal Services/ Chief Information Officer 333 W. Pontiac Way Clovis, CA. 93612 Phone: (559) 600-6200 CONTRACTOR Mid Valley Disposal Jay Kalpakoff 1530 W. Jensen Ave Kerman, CA. 93630 (559) 237-9425 All notices between the COUNTY and CONTRACTOR provided for or permitted under this Agreement must be in writing and delivered either by personal service, by first-class United States mail, by an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by personal service is effective upon service to the recipient. A notice delivered by first-class United States mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid, addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the .9.
1 next beginning of a COUNTY business day), provided that the sender maintains a machine record 2 of the completed transmission. For all claims arising out of or related to this Agreement, nothing in 3 this section establishes, waives or modifies any claims presentation requirements or procedures 4 provided by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of 5 the Government Code, beginning with section 810). 6 14. GOVERNING LAW: Venue for any action arising out of or related to this 7 Agreement shall only be in Fresno County, California. 8 The rights and obligations of the parties and all interpretation and performance of 9 this Agreement shall be governed in all respects by the laws of the State of California. 10 15. DISCLOSURE OF SELF-DEALING TRANSACTIONS 11 This provision is only applicable if the CONTRACTOR is operating as a 12 corporation (a for-profit or non-profit corporation) or if during the term of the agreement, the 13 CONTRACTOR changes its status to operate as a corporation. 14 Members of the CONTRACTOR's Board of Directors shall disclose any self-15 dealing transactions that they are a party to while CONTRACTOR is providing goods or 16 performing services under this agreement. A self-dealing transaction shall mean a transaction 17 to which the CONTRACTOR is a party and in which one or more of its directors has a material 18 financial interest. Members of the Board of Directors shall disclose any self-dealing 19 transactions that they are a party to by completing and signing a Self-Dealing Transaction 20 Disclosure Form, attached hereto as Exhibit "F" and incorporated herein by reference, and 21 submitting it to the COUNTY prior to commencing with the self-dealing transaction or 22 immediately thereafter. 23 16. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement 24 between the CONTRACTOR and COUNTY with respect to the subject matter hereof and 25 supersedes all previous Agreement negotiations, proposals, commitments, writings, 26 advertisements, publications, and understandings of any nature whatsoever unless expressly 27 included in this Agreement. In the event of any inconsistency in interpreting the documents which 28 constitute this Agreement, the inconsistency shall be resolved by giving precedence in the -10-
1 following order of priority: (1) the text of this Agreement (excluding exhibits "A" and "8");(2) Exhibit 2 11A11 (the RFQ); and (3) Exhibit "B" (the Response). 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -11-
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
Mid-Valley Disposal
15300 W. Jensen Ave
Kerman, CA 93630
FOR ACCOUNTING USE ONLY:
Org No.: 8935
Account No./Fund: 7431/1045/10000
Requisition No.: 1321701054
COUNTY OF FRESNO
hairman of the s
B :-,,w.r::~isors of the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk to the Board of Supervisors
County of Fresno, State of California
By: &J..w ~'&
Depu'ty
-12-
G:\Public\RFQ\FY 2016-17\17-057 Solid Waste & Recycling\17-057 Solid Waste & Recycling.doc
COUNTY OF FRESNO
REQUEST FOR QUOTATION
NUMBER: 17-057
SOLID WASTE & RECYCLING
Issue Date: May 18, 2017
Closing Date: JUNE 20, 2017 AT 2:00 P.M.
All Questions and Quotations must be electronically submitted on the Bid Page on Public Purchase.
For assistance, contact Bryan Hernandez at Phone (559) 600-7110.
BIDDER TO COMPLETE
Undersigned agrees to furnish the commodity or service stipulated in the attached response at the prices and terms stated in this RFQ.
Bid must be signed and dated by an authorized officer or employee .
Except as noted on individual items, the following will apply to all items in the Quotation Schedule:
A cash discount of % days will apply. County does not accept terms less than 15 days.
COMPANY
ADDRESS
CITY STATE ZIP CODE
( ) ( )
TELEPHONE NUMBER FACSIMILE NUMBER E-MAIL ADDRESS
SIGNATURE
PRINT NAME TITLE
Purchasing Use: BH:st ORG/Requisition: 8935 / 1321701054
Exhibit A
Quotation No. 17-057 Page 2
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TABLE OF CONTENTS
PAGE
KEY DATES .................................................................................................................... 3
OVERVIEW ..................................................................................................................... 3
BID INSTRUCTIONS ...................................................................................................... 4
GENERAL REQUIREMENTS & CONDITIONS ............................................................... 5
INSURANCE REQUIREMENTS ................................................................................... 13
PARTICIPATION ........................................................................................................... 15
REFERENCE LIST ........................................................................................................ 16
SCOPE OF WORK ........................................................................................................ 17
QUOTATION SCHEDULE ............................................................................................. 20
ATTACHMENT A .......................................................................................................... 21
CHECK LIST ................................................................................................................. 22
Exhibit A
Quotation No. 17-057 Page 3
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KEY DATES
RFQ Issue Date: May 18, 2017
Vendor Conference: May 31, 2017 at 10:00 A.M.
County of Fresno
Plaza Building
2220 Tulare Street, P Level
Fresno, CA 93721
Please check in at County Security Parking Desk.
Written Questions for RFQ Due: June 2, 2017 at 9:00 A.M.
Questions must be submitted on the Bid Page at Public Purchase.
RFQ Closing Date: June 20, 2017 at 2:00 P.M.
Quotations must be electronically submitted on the Bid Page.
Site Inspection: May 31, 2017 following the Vendor Conference.
Plaza Building
2220 Tulare Street
Fresno, CA 93721
VENDOR CONFERENCE & SITE INSPECTION:
After the vendor conference, we will be departing to various sites that pertain to this project. Each bidder
shall have examined the site of work before bidding and shall be responsible for having acquired full
knowledge of the job and of all problems affecting it. No variations or allowance from the contract sum will be
made because of lack of such examination.
Bidders are to contact Bryan Hernandez at County of Fresno - Purchasing, (559) 600-7117, if they are
planning to attend.
OVERVIEW
The County of Fresno is soliciting bids to establish an agreement with one or more bidders under which the
successful bidder(s) will provide solid waste and recycling pick-up at locations listed on the Quotation
Schedule.
Exhibit A
Quotation No. 17-057 Page 4
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BID INSTRUCTIONS
Bidders must electronically submit bid package in pdf format, no later than the quotation closing date
and time as stated on the front of this document, to the Bid Page on Public Purchase. The County will
not be responsible for and will not accept late bids due to slow internet connection or incomplete
transmissions.
Bids received after the closing time will NOT be considered.
Interpretation: Should any discrepancies or o missions be found in the bid specifications or doubt as to
their meaning, the bidder shall notify the Buyer in writing at once. The County shall not be held
responsible for verbal interpretations. Questions regarding the bid must be received by Purchasin g
stated within this document. All addenda issued shall be in writing, duly issued by Purchasing and
incorporated into the contract.
ISSUING AGENT/AUTHORIZED CONTACT: This RFQ has been issued by County of Fresno,
Purchasing. Purchasing shall be the vendor ’s sole point of contact with regard to the RFQ, its
content, and all issues concerning it.
All communication regarding this RFQ shall be directed to an authorized representative of County
Purchasing. The specific buyer managing this RFQ is identified on t he cover page, along with his or
her telephone number, and he or she should be the primary point of contact for discussions or
information pertaining to the RFQ. Contact with any other County representative, including elected
officials, for the purpose of discussing this RFQ, its content, or any other issue concerning it, is
prohibited unless authorized by Purchasing. Violation of this clause, by the vendor having
unauthorized contact (verbally or in writing) with such other County representatives, may cons titute
grounds for rejection by Purchasing of the vendor’s quotation.
The above stated restriction on vendor contact with County representatives shall apply until the
County has awarded a purchase order or contract to a vendor or vendors, except as follows . First, in
the event that a vendor initiates a formal protest against the RFQ, such vendor may contact the
appropriate individual, or individuals who are managing that protest as outlined in the County’s
established protest procedures. All such contact mu st be in accordance with the sequence set forth
under the protest procedures. Second, in the event a public hearing is scheduled before the Board of
Supervisors to hear testimony prior to its approval of a purchase order or contract, any vendor may
address the Board.
APPEALS: Appeals must be submitted in writing within seven (7) working days after notification of
proposed recommendations for award. A “Notice of Award” is not an indication of County’s
acceptance of an offer made in response to this RF Q. Appeals shall be submitted to County of
Fresno Purchasing, 4525 E. Hamilton Avenue 2nd Floor, Fresno, California 93702 -4599 and in Word
format to gcornuelle@co.fresno.ca.us. Appeals should address only areas regarding RFQ
contradictions, procurement errors, quotation rating discrepancies, legality of procurement context,
conflict of interest, and inappropriate or unfair competitive procure ment grievance regarding the RFQ
process.
Purchasing will provide a written response to the complainant within seven (7) working days unless
the complainant is notified more time is required. If the appealing bidder is not satisfied with the
decision of Purchasing, he/she shall have the right to appeal to the County Administrative Office
within seven (7) working days after Purchasing’s notification; if the appealing bidder is not satisfied
with CAO’s decision, the final appeal is with the Board of Supervisors. Please contact Purchasing if
the appeal will be going to the Board of Supervisors.
Exhibit A
Quotation No. 17-057 Page 5
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GENERAL REQUIREMENTS & CONDITIONS
LOCAL VENDOR PREFERENCE AND DISABLED VETERAN BUSINESS ENTERPRISE BID
PREFERENCE: The Local Vendor Preference and Disabled Veteran Business Enterprise Preference do
not apply to this Request for Quotation.
DEFINITIONS: The terms Bidder, Proposer, Contractor and Vendor are all used interchangeably and refer
to that person, partnership, corporation, organization, agency, etc . which is offering the quotation and is
identified on page one of this Request For Quotation (RFQ).
INTERPRETATION OF RFQ: Vendors must make careful examination of the requirements, specifications
and conditions expressed in the RFQ and fully inform themselves as to the quality and character of services
required. If any person planning to submit a quotation finds discrepancies in or om issions from the RFQ or
has any doubt as to the true meaning or interpretation, correction thereof may be requested in writing from
Purchasing by June 2, 2017 at 9:00 A.M., cut-off.
Questions must be submitted on the Bid Page at Public Purchase or contact Bryan Hernandez at (559) 600-
7110.
NOTE: Time constraints will prevent County from responding to questions submitted after the cut -off date.
Any change in the Request for Quotation will be made by written addendum issued by the County. The
County will not be responsible for any other explanations or interpretations.
AWARD: The County of Fresno reserves the right to make the award on the basis of the entire group or on
a per line item basis. The award will be made in a manner determined to be to the best advantage of the
County. The County will be the sole judge in making such determination . Award Notices are tentative:
Acceptance of an offer made in response to this RFQ shall occur only upon execution of an agreement by
both parties or issuance of a valid written Purchase Order by Fresno County Purchasing.
RIGHT TO REJECT BIDS: The County reserves the right to reject any and all bids and to waive
informalities or irregularities in bids. Failure to respond to all questions or not to supply the requested
information could result in rejection of your quotation.
NOTICE TO PROCEED: Following execution of the agreement by both parties (County and Contractor), the
County will issue a written Notice to Proceed for the project specified herein. The completion period as
defined below, shall commence upon the date that the Notice to Proceed is delivered to the Contractor .
CODES AND REGULATIONS: All work and material to conform to all applicable Federal, State, local and
special district building codes, laws, ordinances, and regulations.
TAXES: The quoted amount must include all applicable taxes. If taxes are not specifically identified in the
quotation it will be assumed that they are included in the total quoted.
SALES TAX: Fresno County pays California State Sales Tax in the amount of 7.975% regardless of
vendor's place of doing business.
TAXES, PERMITS & FEES: The successful bidder shall pay for and include all federal, state and local taxes
direct or indirect upon all materials; pay all fees for, and obtain all necessary permits and licenses, unless
otherwise specified herein.
TAXES, CHARGES AND EXTRAS:
A)DO NOT include Federal Excise Tax. County is exempt under Registration No. 94 -73-03401-K.
B)County is exempt from Federal Transportation Tax. Exemption certificate is not required where
shipping papers show consignee as County of Fresno.
C)Charges for transportation, containers, packing, etc. will not be paid unless specified in bid.
Exhibit A
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Quotation No. 17-057 Page 6
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SPECIFICATIONS AND EQUALS: Brand names, where used, are a means of establishing quality and
style. Bidders are invited to quote their equals. Alternate offers are to be supported by literature, which fully
describes items that you are bidding.
No exceptions to or deviations from this specification will be considered unless each exception or deviation is
specifically stated by the bidder, in the designated places. If no exceptions or deviations are shown, the
bidder will be required to furnish items exactly as specified herein. The burden of proof of compliance with
this specification is the responsibility of the bidder.
LITERATURE: Bidders shall submit literature, which fully describes items on which they are bidding, not
later than the closing date of this bid. Any and all literature submitted must be stamped with bidders name
and address.
MERCHANDISE RETURNABLE FOR FULL CREDIT: Bidder agrees to accept for full credit any
merchandise sold by him on contract or award resulting from this bid, if returned in good condition by the
County.
GUARANTEE AGAINST DEFECTS: All items are to carry a full guarantee against defects in materials and
workmanship and guarantee against breakage and other malfunctions when performing work for which they
are designed.
PACKAGING: Each item listed in the bid gives as part of its description the minimum packaging size that
the County would order. The County feels it more reasonable to order the successful bidder's standard
"carton" sizes; therefore, each bidder is asked to fill in the information for each item . Normally the
circumstances resort to minimum package size orders. Be sure to fill in your "standard" carton size on the
quotation schedule if different from stated.
Quote separate prices on each individual item in County unit of measure (i.e., EA, DZ, PG, not your standard
carton price).
SAMPLES: On request, samples of the products on which you are bidding shall be made available to the
County. County will designate where samples are to be delivered.
Successful bidder's samples may be retained for checking against delivery, in which case allowance will be
made to vendor.
Samples, when required, must be furnished and delivered free and, if not destroyed by tests, will upon
written request (within thirty (30) days of bid closing date) be returned at the bidder's expen se. In the
absence of such notification, County shall have the right to dispose of the samples in whatever manner it
deems appropriate.
VENDOR ASSISTANCE: Successful bidder shall furnish, at no cost to the County, a representative to assist
County departm ents in determining their product requirements.
MINOR DEVIATIONS: The County reserves the right to negotiate minor deviations from the prescribed
terms, conditions and requirements with the selected vendor.
BIDDERS’ LIABILITIES: County of Fresno will not be held liable for any cost incurred by vendors in
responding to the RFQ.
PRICE RESPONSIBILITY: The selected vendor will be required to assume full responsibility for all services
and activities offered in the quotation, whether or not they are provided directly. Further, the County of
Fresno will consider the selected vendor to be the sole point of contact with regard to contractual matters,
including payment of any and all charges resulting from the contract . The contractor may not subcontract or
transfer the contract, or any right or obligation arising out of the contract, without first having obtained the
express written consent of the County.
PRICES: Bidder agrees that prices quoted are for the contract period, and in the event of a price decline
such lower prices shall be extended to the County of Fresno. Prices shall be quoted F.O.B. destination.
Exhibit A
Quotation No. 17-057 Page 7
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CONFIDENTIALITY: Bidders shall not disclose information about the County's business or business
practices and safeguard confidential data which vendor staff may have access to in the course of system
implementation.
NEWS RELEASE: Vendors shall not issue any news releases or otherwise release information to any third
party about this RFQ or the vendor's quotation without prior written approval from the County of Fresno.
BACKGROUND REVIEW: The County reserves the right to conduct a background inquiry of each
proposer/bidder which may include collection of appropriate criminal history information, contractual and
business associations and practices, employment histories and reputation in the business community. By
submitting a quotation/bid to the County, the vendor consents to such an inquiry and agrees to make
available to the County such books and records the County deems necessary to conduct the inquiry.
ADDENDA: In the event that it becomes necessary to revise any part of this RFQ, addenda will be provided
to all agencies and organizations that receive the basic RFQ.
CONFLICT OF INTEREST: The County shall not contract with, and shall reject any bid or quotation
submitted by the persons or entities specified below, unless the Board of Supervisors finds that special
circumstances exist which justify the approval of such contract:
1. Employees of the County or public agencies for which the Board of Supervisors is the governing
body.
2. Profit-making firms or businesses in which employees described in Subsection (1) serve as officers,
principals, partners or major shareholders.
3. Persons who, within the immediately preceding twelve (12) months, came within the provisions of
Subsection (1), and who were employees in positions of substantial responsibility in the area of
service to be performed by the contract, or participated in any way in developing the contract or its
service specifications.
4. Profit-making firms or businesses in which the former employees described in Subsection (3) serve
as officers, principals, partners or major shareholders.
5. No County employee whose position in the County enables him to influence the selection of a
contractor for this RFQ, or any competing RFQ, and no spouse or economic dependent of such
employee, shall be employees in any capacity by a bidder, or have any other direct or indirect
financial interest in the selection of a contractor.
INVOICING: Invoices shall be delivered to the following:
For Public Works Locations: Public Works and Planning, 2220 Tulare Street 6th Floor, Fresno, CA 93721.
Please list location of service and list division, for example: Public Works Roads – Area 3 (see Quotation
Schedule).
All other locations: Facility Services, 4590 E. Kings Canyon, Fresno, CA 93702
PAYMENT: Upon satisfactory completion of work, specified herein and approval by the County, payment will
be made in full. Terms of payment will be net forty-five (45) days. County will consider the Bidder’s Cash
discount Offer, in lieu of the net forty-five (45) days payment terms.
CONTRACT TERM: It is County’s intent to contract with the successful bidder for a term of three (3)
years.
RENEWAL: Agreement may be renewed for a potential of two (2) one (1) year periods, based on the mutual
written consent of all parties.
QUANTITIES: Quantities shown in the bid schedule are approximate and the County guarantees no
minimum amount. The County reserves the right to increase or decrease quantities.
ORDERING: Orders will be placed as required by the various County Departments.
TERMINATION: The County reserves the right to terminate any resulting contract upon written notice.
Exhibit A
Quotation No. 17-057 Page 8
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INDEPENDENT CONTRACTOR: In performance of the work, duties, and obligations assumed by
Contractor under any ensuing Agreement, it is mutually understood and agreed that CONTRACTOR,
including any and all of Contractor’s officers, agents, and employees will at all times be acting and
performing as an independent contractor, and shall act in an independent capacity and not as an officer,
agent, servant, employee, joint venturer, partner, or associate of the COUNTY. Furthermore, County shall
have no right to control or supervise or direct the manner or method by which Contractor shall perform its
work and function. However, County shall retain the right to administer this Agreement so as to verify that
Contractor is performing its obligations in accordance with the terms and conditions thereof . Contractor and
County shall comply with all applicable provisions of law and the rules and regulations, if any, of
governmental authorities having jurisdiction over matters the subject thereof.
Because of its status as an independent contractor, Contractor shall have absolutely no right to empl oyment
rights and benefits available to County employees. Contractor shall be solely liable and responsible for
providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor
shall be solely responsible and save County harmless from all matters relating to payment of Contractor's
employees, including compliance with Social Security, withholding, and all other regulations governing such
matters. It is acknowledged that during the term of the Agreement, Contractor may be providing services to
others unrelated to the County or to the Agreement.
SELF-DEALING TRANSACTION DISCLOSURE: Contractor agrees that when operating as a corporation
(a for-profit or non-profit corporation), or if during the term of the agreement the Contractor changes its status
to operate as a corporation, members of the Contractor’s Board of Directors shall disclose any self -dealing
transactions that they are a party to while Contractor is providing goods or performing services under the
agreement with the County. A self-dealing transaction shall mean a transaction to which the Contractor is a
party and in which one or more of its directors has a material financial interest. Members of the Board of
Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a
Fresno County Self-Dealing Transaction Disclosure Form and submitting it to the County prior to
commencing with the self-dealing transaction or immediately thereafter.
HOLD HARMLESS CLAUSE: Contractor agrees to indemnify, save, hold harmless and at County's request,
defend the County, its officers, agents and employees, from any and all costs and expenses, damages,
liabilities, claims and losses occurring or resulting to County in connection with the performance, or failure to
perform, by Contractor, its officers, agents or employees under this Agreement and from any and all costs
and expenses, damages, liabilities, claims and losses occurring or resulting to any person, firm or
corporation who may be injured or damaged by the performance, or failure to perform, of Contractor, its
officers, agents or employees under this Agreement.
SAFETY DATA SHEETS: With the invoice or within twenty-five (25) days of delivery, the seller must
provide to the County a Safety Data Sheet for each product, which contains any substance on “The List of
800 Hazardous Substances”, published by the State Director of Industrial Relations. (See Hazardous
Substances Information and Training Act, California State Labor Code Sections 6360 through 6399.7.)
RECYCLED PRODUCTS/MATERIALS: Vendors are encouraged to provide and quote (with
documentation) recycled or recyclable products/materials which meet stated specifications.
EXAMINATION OF SITE: Where work is to be performed on County site, each bidder shall have examined
the site of work before bidding and shall be responsible for having acquired full knowledge of the job and of
all problems affecting it. No variations or allowance from the contract sum will be made because of lack of
such examination.
DAMAGE TO EXISTING WORK: Damage to existing construction, equipment, planting, etc., by the
contractor in the performance of his work shall be replaced or repaired and restored to original condition by
the contractor.
CLEAN UP: The Contractor shall at all times, keep the premises clean from accumulation of waste
materials or rubbish caused by his employees or work and shall remove all resulting work debris from the job
site.
Exhibit A
Quotation No. 17-057 Page 9
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WATER, POWER & TOILET FACILITIES: Successful bidder may use County owned water, power and
toilet facilities at job site (when existing) at no expense to the successful bidder . Successful bidder will be
required, however, to provide piping, fittings and other items as necessary to bring water and power from
existing service to job site.
COORDINATE WORK WITH OWNER: Successful bidder shall coordinate and schedule the work with the
County so that any interruption to the normal business operations be kept to a minimum.
INSPECTION: All material and workmanship shall be subject to inspection, examination and test by the
County at any and all times during which manufacture and/or construction are carried on. The County shall
have the right to reject defective material and workmanship or require its correction.
SUPERVISION: The Contractor shall give efficient supervision to the work, using therein the skill and
diligence for which he is remunerated in the contract price. He shall carefully inspect the site and study and
compare all drawings, specifications and other instructions, as ignorance of any phase of any of the features
or conditions affecting the contract will not excuse him from carrying out its provisions to its full intent.
STANDARD OF PERFORMANCE: All work shall be performed in a good and workmanlike manner.
SAFEGUARDS: The contractor shall provide safeguards, in conformity with all local codes and ordinances
as may be required.
PERFORMANCE BOND: The successful bidders may be required to furnish a faithful performance bond.
BONDING COMPANY: The company issuing bonds shall be a corporate surety admitted by the California
Insurance Commissioner to do business in the State of California with an A.M Best rating of B++ VIII or
better.
COORDINATION AND COMPLETION: The successful bidder shall contact and meet with the County
Coordinator at the job site prior to commencement and completion of any work.
Successful bidder shall complete the job as instructed and described in writing by the contract, bid or
amendment. Any problem or questions that arise in the scope of work, the County must be contacted and
the appropriate written amendment generated.
GUARANTEE: The successful bidder shall fully guarantee all aspects of the project for the minimum period
of one (1) year. Such one (1) year period shall commence upon the date of final acceptance by County. The
guarantee shall include but in no way be limited to workmanship, equipment and materials.
DISPUTE RESOLUTION: The ensuing contract shall be governed by the laws of the state of California.
Any claim which cannot be amicably settled without court action will be litigated in the U.S. District Court for
the Eastern District of California in Fresno, CA or in a state court for Fresno County.
DEFAULT: In case of default by the selected bidder, the County may procure the services from another
source and may recover the loss occasioned thereby from any unpaid balance due the selected bidder, or by
any other legal means available to the County.
Regardless of F.O.B. point, vendor agrees to bear all risks of loss, in jury or destruction to goods and
materials ordered herein which occur prior to delivery and such loss, injury or destruction shall not release
vendor from any obligation hereunder
ASSIGNMENTS: The ensuing proposed contract will provide that the vendor may not assign any payment
or portions of payments without prior written consent of the County of Fresno.
ASSURANCES: Any contract awarded under this RFQ must be carried out in full compliance with the Civil
Rights Act of 1964, the Americans With Disabilities Act of 1990, their subsequent amendments, and any and
all other laws protecting the rights of individuals and agencies. The County of Fresno has a zero tolerance
for discrimination, implied or expressed, and wants to ensure that policy continues under t his RFQ. The
contractor must also guarantee that services, or workmanship, provided will be performed in compliance with
all applicable local, state, or federal laws and regulations pertinent to the types of services, or project, of the
Exhibit A
Quotation No. 17-057 Page 10
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nature required under this RFQ. In addition, the contractor may be required to provide evidence
substantiating that their employees have the necessary skills and training to perform the required services or
work.
OBLIGATIONS OF CONTRACTOR: Contractor warrants on behalf of itself and all subcontractors
engaged for the performance of the ensuing contract that only persons authorized to work in the United
States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be
employed in the performance of the work hereunder.
TIE BIDS: All other factors being equal, the contract shall be awarded to the Fresno County vendor or, if
neither or both are Fresno County vendors, it may be awarded by the flip of a coin in the presence of
witnesses or the entire bid may be rejected and re -bid. If the General Requirements of the RFQ state that
they are applicable, the provisions of the Fresno County Local Vendor Preference shall take priority over
this paragraph.
AUDITS AND RETENTION: The Contractor shall maintain in good and legible condition all books,
documents, papers, data files and other records related to its performance under this contract. Such records
shall be complete and available to Fresno County, the State of California, the federal government or their
duly authorized representatives for the purpose of audit, examination, or copying during the term of the
contract and for a period of at least three (3) years following the County's final payment under the contract or
until conclusion of any pending matter (e.g., litigation or audit), whichever is later. Such records must be
retained in the manner described above until all pending matters are closed. At a minimum, the following
operational records relating to each of the following shall be maintained by Contractor for a period of three
(3) years following the date of expiration or termination of this Agreement:
1. Customer account information and billing records.
2. Tonnage of material collected, identified by type (e.g., Solid Waste, Recyclable Materi al, Organic
Material, or Construction and Demolition Debris), listed by the Processing Site or Solid Waste Facility to
which such materials were delivered. To the extent possible, Contractor also shall maintain in its records
information that separately accounts for the respective amounts of tonnage collected by Contractor from
its residential and commercial Customers.
3. Tonnage (if any) of Recyclable Materials, Organic Material, or Construction and Demolition Debris (C&D)
Diverted from Disposal by Contractor, together with supporting documentation.
4. Diversion level (if applicable), which shall equal tonnage Diverted by Contractor divided by the tonnage
Collected by Contractor multiplied by 100, listed separately by month for the previous quarter. Tonnage
Diverted shall reflect Discarded Materials Processed less Residual Disposed.
5. Residual levels of processed or composted materials.
6. Weight tickets from:
i. each Solid Waste Facility documenting the tonnage of Solid Waste Collected by Contractor within
the County’s unincorporated area and delivered to such Solid Waste Facility;
ii. Processing Sites documenting the tonnage of Discarded Materials collected within the County’s
unincorporated area and delivered to the approved Processing Sites; and
iii. permitted Solid Waste Facilities documenting the tonnage of Residual delivered to such facilities by
vehicle, date and time.
7. Provide a list of County facilities including facility names, service addresses, contact information and
service levels, that may fall within the requirements of AB 341 (Mandatory Commercial Recycling) and
AB 1826 (Mandatory Organics Recycling).
The information listed above shall be provided by Contractor to the County upon request.
Exhibit A
Quotation No. 17-057 Page 11
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EPAYMENT OPTION: The County of Fresno provides an Epay Program which involves payment of invoices
by a secure Visa account number assigned to the supplier after award of contract. Notification of payments
and required invoice information are issued to the supplier's designated Accounts Receivable contact by e -
mail remittance advice at time of payment. To learn more about the benefits of an Epay Program, how it
works, and obtain answers to frequently asked questions, click or copy and paste the following URL into your
browser: www.bankofamerica.com/epayablesvendors or call Fresno County Accounts Payable, 559-600-
3609.
Exhibit A
Quotation No. 17-057 Page 12
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BIDDER TO COMPLETE:
GUARANTEED PICK UP AND/OR DELIVERY: Bidder will be considered in award of bid only if they can
guarantee. Enter guarantee on this line (i.e. number of days from receipt of order to delivery):
SUBCONTRACTORS:
List all subcontractors that would perform work in excess of one/half of one percent of the total amount of
your bid, and state general type of work such subcontractor would be performing. The primary contractor is
not relieved of any responsibility by virtue of using a subcontractor:
Exhibit A
Quotation No. 17-057 Page 13
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INSURANCE REQUIREMENTS
INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any
third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following
insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement:
A. Commercial General Liability: Commercial General Liability Insurance with limits of not less than
One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million Dollars
($2,000,000). This policy shall be issued on a per occurrence basis. COUNTY may require specific
coverages including completed operations, products liability, contractual liability, Explosion -Collapse-
Underground, fire legal liability or any other liability insurance deemed necessary because of the
nature of this contract.
B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits for bodily injury of not
less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand
Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars
($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars
($500,000.00). Coverage should include owned and non-owned vehicles used in connection with
this Agreement.
C. Professional Liability: If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N.,
L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than
One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual
aggregate.
This coverage shall be issued on a per claim basis. Contractor agrees that it shall maintain, at its sole
expense, in full force and effect for a period of three years following the termination of this Agreement,
one or more policies of professional liability insurance with limits of coverage as specified herein.
D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the
California Labor Code.
CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming the County
of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only
insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall
apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers,
agents and employees shall be excess only and not contributing with insurance provided under
CONTRACTOR's policies herein. This insurance shall not be cancelled or changed without a minimum of
thirty (30) days advance written notice given to COUNTY.
Within thirty (30) days from the date CONTRACTOR executes this Agreement, CONTRACTOR shall provide
certificates of insurance and endorsement as stated above for all of the foregoing policies, as required
herein, to the County of Fresno, Department of Public Works and Planning, Attn: Deputy Director of
Resources and Administration – NEWHA, 2220 Tulare Street, 6th Floor, Fresno, CA 93721-2120,
stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its
officers, agents and employees will not be responsible for any premiums on the policies; that such
Commercial General Liability insurance names the County of Fresno, its officers, agents and employees,
individually and collectively, as additional insured, but only insofar as the operations under this Agreement
are concerned; that such coverage for additional insured shall apply as primary insurance and any other
insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees, shall be excess
only and not contributing with insurance provided under CONTRACTOR's policies herein; and that this
insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice
given to COUNTY.
In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein provided, the
COUNTY may, in addition to other remedies it may have, suspend or terminate this Agreement upon the
occurrence of such event.
Exhibit A
Quotation No. 17-057 Page 14
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All policies shall be with admitted insurers licensed to do business in the State of California. Insurance
purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or
better.
Exhibit A
Quotation No. 17-057 Page 15
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BIDDER TO COMPLETE THE FOLLOWING:
PARTICIPATION
The County of Fresno is a member of the Central Valley Purchasing Group. This group consists of Fresno,
Kern, Kings, and Tulare Counties and all governm ental, tax supported agencies within these counties.
Whenever possible, these and other tax supported agencies co-op (piggyback) on contracts put in place by
one of the other agencies.
Any agency choosing to avail itself of this opportunity, will make purchases in their own name, make
payment directly to the contractor, be liable to the contractor and vice versa, per the terms of the original
contract, all the while holding the County of Fresno harmless. If awarded this contract, please indicate
whether you would extend the same terms and conditions to all tax supported agencies within this group as
you are proposing to extend to Fresno County.
Yes, we will extend contract terms and conditions to all qualified agencies within the Central Valley
Purchasing Group and other tax supported agencies.
No, we will not extend contract terms to any agency other than the County of Fresno.
(Authorized Signature)
Title
Exhibit A
•
•
Quotation No. 17-057 Page 16
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VENDOR MUST COMPLETE AND RETURN WITH REQUEST FOR QUOTATION.
Firm:
REFERENCE LIST
Provide a list of at least five (5) customers for whom you have recently provided similar
products/services. Be sure to include all requested information.
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Failure to provide a list of at least five (5) customers may be cause for rejection of this RFQ.
Exhibit A
Quotation No. 17-057 Page 17
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SCOPE OF WORK
The County of Fresno on behalf of the Internal Services Department – Facility Services and Public Works
and Planning are requesting quotations from qualified vendors to provide the fo llowing Solid Waste
Collection, Disposal, and Recycling Services.
The County of Fresno desires to contract with one or more vendors to pick up and dispose of all solid
waste and recyclable materials, including organic waste recycling from the County facili ties listed on the
quotation schedule of this RFQ.
I.COUNTY-WIDE SOLID WASTE MANAGEMENT
A.Vendor is required to execute Non -Exclusive Waste Hauler Agreement (NEWHA) in
accordance with Fresno County Ordinance Code Section 8.24, et. seq.
1)Vendor(s) will be responsible for the collection, transportation, and disposal of solid waste
generated at designated facilities in accordance with all local, state, and federal laws.
2)Vendor(s) will provide containers for the collection of solid waste materials generated at
each designated facility.
3)Vendor(s) is expected to collect solid waste on a regularly scheduled basis, determined by
the vendor(s) and agreed upon by the County.
4)Vendor(s) is expected to maintain a clean area around dumpsters removing any debris
created as a r esult of the collection activity.
5)Vendor(s) will be expected to respond to irregularities in waste generation, and must
respond within 24 hours to any unforeseen/special pick -ups requested by the County.
II.COUNTY-WIDE RECYCLING PROGRAM
Fresno County is commi tted to waste reduction and recycling. Recycling is an official County policy
and employees have been participating in an in -house recycling program. Depending on service
levels, each site will need between 1-3 96 gallon recycling carts (with the exception of the Plaza
Building):
Non Organic Waste
White Ledger #1 PET Plastic Bottles Boxes
Colored Ledger #2 HDPE Plastic Bottles Frames (Certificate)
Computer Print Out Milk Cartons Press Board
Copier & Laser Print Paper Drink Boxes Cups
Newspapers Steel Cans Containers
Magazines Aluminum Cans Peanuts/Popcorn
Boxboard Blueprints Envelopes
Organic Waste
Bidder to provide provisions for organics recycling to be implemented at County facilities by
July 2019.
Food waste Green Waste Landscape and pruning waste
Nonhazardous wood waste Food-soiled paper
Exhibit A
Quotation No. 17-057 Page 18
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III. REPORTING REQUIREMENTS
Monthly Invoicing
The Contractor shall submit an invoice to the County monthly in arrears. The invoice and all
accompanying documentation must be received by the County by the 15th of the month for the previous
month’s billing. At a minimum, the Contractor’s invoice shall contain the following information:
An exact description and count by date of each of the services (pickups, loads, etc.) at each location
provided in the previous calendar month and extended by the appropriate service rate.
Signed copies of dispatch tickets from the Contractor and certified weight tickets from the disposal or
processing site, including the date, truck number, and tare weight and net weight of re cyclable
materials, compostable materials, and trash hauled during the month.
A summary, shown as a credit, of the proceeds from the sales of recyclables, must be part of the
invoice.
The Contractor’s monthly invoice shall include any other information that the County deems necessary.
In the event that errors, overcharges or omissions are identified in the monthly invoice, the Contractor
shall provide a new corrected invoice for the month in question. The County shall remit payment to the
Contractor in accordance with California State prompt payment act.
Monthly Report
The Contractor shall prepare a monthly report summarizing the services (pickups, loads, etc.) provided
at each County facility location for the prior month. All reports should be submitted electronically to:
FCSWDR_Desk@co.fresno.ca.us and hard copies sent to PWP – Resources, 2220 Tulare Street, 6th
Floor, Fresno, CA 93721, Attn: Tonnage Desk. The monthly report and all accompanying
documentation must be received by the County by the 15th of the month for the previous month.
The monthly report will be provided in the following format for each facility location and summarized for
all County facilities.
Facility A (add lines for multiple service locations or multiple containers at each facility)
Services Container Size and Frequency
(scheduled pickups per week)
# Pickups in
January 2017
(actual)
Total Volume
Collected in
January 2017
(cubic yards)
Recycling 4 cubic yards/2 per week 10 40
Organics 2 cubic yards/1 per week 5 10
Solid Waste 4 cubic yards/1 per week 5 20
Total Diversion Recycling + Organics 50
Total Disposal Solid Waste 20
Total Generation Total Diversion + Total Disposal 70
Diversion Rate Total Diversion/Total Generation 71%
Exhibit A
Quotation No. 17-057 Page 19
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Annual Report
The Contractor shall prepare an annual report summarizing the services (pickups, loads, etc.) provided
at each County facility location for the calendar year. All reports should be submitted electronically to:
FCSWDR_Desk@co.fresno.ca.us and hard copies sent to PWP – Resources, 2220 Tulare Street, 6th
Floor, Fresno, CA 93721, Attn: Tonnage Desk. The annual report and all accompanying documentation
must be received by the County by the 15th of March each year.
The annual report will be provided in the following format for each facility location and summarized for all
County facilities.
Facility A (add lines for multiple service locations or multiple containers at each facility)
Services Container Size and
Frequency
(scheduled pickups per
week)
# Pickups in 2017
(actual)
Total Volume
Collected in 2017
(cubic yards)
Recycling 4 cubic yards/2 per week 104 416
Organics 2 cubic yards/1 per week 52 104
Solid Waste 4 cubic yards/1 per week 52 208
Total Diversion Recycling + Organics 520
Total Disposal Solid Waste 208
Total Generation Total Diversion + Total Disposal 728
Diversion Rate Total Diversion/Total Generation 71%
IV.PLAZA BUILDING SITE
Due to the limited spacing (see Attachment A of Quotation Schedule) at our Plaza Building location,
please provide us a recommendation and details on how your company will be able to provide services.
During site inspection, you will have the ability to view the area where we currently hav e the compactor
and where the solid waste will be located.
Exhibit A
Quotation No. 17-057 Page 20
G:\PUBLIC\RFQ\FY 2016-17\17-057 SOLID WASTE & RECYCLING\17-057 SOLID WASTE & RECYCLING.DOC
QUOTATION SCHEDULE
Department Service Type QTY
Pick Ups
(per week)
Monthly
Amount
Public Works Roads Area 3
779 E. Polk Ave.
Coalinga, CA 93210
30 Yard Roll Off 1 1
96 Gallon Recycle Cart 1 1
Public Works Roads Area 5
2544 W. Mountain View
Caruthers, CA 93609
30 Yard Roll Off 1 1
96 Gallon Recycle Cart 1 1
Public Works Roads Area 7
9400 N. Matus Ave.
Fresno, CA 93720
25 Yard Roll Off 1 1
96 Gallon Recycle Cart 1 1
Public Works Roads Area 8
4525 E. Olive
Sanger, CA 93657
25 Yard Roll Off 1 1
96 Gallon Recycle Cart 1 1
Public Works Roads Area 9
3633 S. Del Rey Ave.
Sanger, CA 93657
25 Yard Roll Off 1 1
96 Gallon Recycle Cart 1 1
Sheriff-Coroner’s Office
Main Jail
1225 M. Street
Fresno, CA 93721
40 Yard Roll Off 1 3
14 Yard Organic Bin 1 3
14 Yard Recycle Bin 1 3
Sheriff-Coroner
Central Kitchen
200 N. H Street
Fresno, CA 93701
30 Yard Roll Off Recycle 1 1
4 Yard Organic Bin 2 5
Plaza Building
2220 Tulare Street
Fresno, CA 93721
25 Yard Compactor – Recycle 1 1
6 Yard Solid Waste Bin 1 1
Please see Attachment A for special instructions
Exhibit A
Quotation No. 17-057 Page 21
G:\PUBLIC\RFQ\FY 2016-17\17-057 SOLID WASTE & RECYCLING\17-057 SOLID WASTE & RECYCLING.DOC
ATTACHMENT A
The 25-yard compactor is located on the basement level of the Plaza Building. There is only one entrance
that trucks can enter and exit. The entrance is located on the Kern St. side of the building. See pictures
below for the dimension of the entrance/exit. Due to spacing constraints of employee parking, pick up must
be accomplished by 5:30am and immediately returned. Please see measurements below.
Exterior of entrance- Ht.: 10’ 2”
W: 8’
Interior of entrance: W 8’
Interior clearance: Ht.: 12’
Compactor dimensions- Height: 6.5’ Length: 22.5’ Width: 8.75’
Exhibit A
................
Quotation No. 17-057 Page 22
G:\PUBLIC\RFQ\FY 2016-17\17-057 SOLID WASTE & RECYCLING\17-057 SOLID WASTE & RECYCLING.DOC
CHECK LIST
This Checklist is provided to assist the vendors in the preparation of their bid response. Included in this list,
are important requirements and is the responsibility of the bidder to submit with the bid package in order to
make the bid compliant. Because this checklist is just a guideline, the bidder must read a nd comply with the
bid in its entirety.
Check off each of the following:
1. The Request for Quotation (RFQ) has been signed and completed.
2. Addenda, if any, have been signed and included in the bid package.
3. The completed Reference List as provided with this RFQ.
4. The Quotation Schedule as provided with this RFQ has been completed, price reviewed for
accuracy and any corrections initialed.
5. Indicate all of bidder exceptions to the County’s requirements, conditions and specifications
as stated within this RFQ.
6. The Participation page as provided within this RFQ has been signed and included
7. Bidder to Complete page as provided with this RFQ.
8. Return checklist with RFQ response.
9. Completed RFQ in pdf format, electronically submitted to the Bid Page on Public
Purchase.
Exhibit A
G:\PUBLIC\RFQ\FY 2016-17\17-057 SOLID WASTE & RECYCLING\17-057 ADDENDUM 1.DOC
COUNTY OF FRESNO
ADDENDUM NUMBER: ONE (1)
RFQ NUMBER: 17-057
SOLID WASTE & RECYCLING
Issue Date: June 7, 2017
CLOSING DATE: JUNE 20, 2017 AT 2:00 P.M.
Submit all Questions and Quotations on the Bid Page at Public Purchase.
For assistance, contact Bryan Hernandez at (559) 600-7110.
NOTE THE ATTACHED ADDITIONS, DELETIONS AND/OR CHANGES TO THE REQUIREMENTS OF
REQUEST FOR QUOTATION NUMBER: 17-057 AND INCLUDE THEM IN YOUR RESPONSE. PLEASE SIGN
AND RETURN THIS ADDENDUM WITH YOUR QUOTATION.
ACKNOWLEDGMENT OF ADDENDUM NUMBER ONE (1) TO RFQ 17-057
COMPANY NAME: (PRINT)
SIGNATURE:
NAME & TITLE: (PRINT)
Purchasing Use: BH:st ORG/Requisition: 8935 / 1321701054
Exhibit A
Addendum No. ONE (1) Page 2
Request for Quotation Number: 17-057
June 7, 2017
G:\PUBLIC\RFQ\FY 2016-17\17-057 SOLID WASTE & RECYCLING\17-057 ADDENDUM 1.DOC
QUESTIONS AND ANSWERS
Q1. Will there be an option for an all-in bid?
A1. Vendors can submit an all in bid for all locations. However, the County reserves the right to
make the award on the basis of the entire group or on a per line item basis. The award will
be made in a manner determined to be to the best advantage of the County. The County
will be the sole judge in making such determination.
Q2. In regard to Franchise Fees, would this fall under NEWHA?
A2. Yes, all haulers will be required to execute a NEWHA agreement, as per Ordinance
Section 8.24 and will be required to remit County Surcharges and related fees.
Q3. Page 6, Prices. Is the price fixed for the initial term of three years or would there be
an annual rate adjustment procedure? Annual rate adjustments are customary.
A3. The pricing should be firm for 3 years if possible, if not the County will accept a 30 day
written notice of any price increases, subject to County Purchasing’s approval.
Q4. Page 7, Renewal. Following this further, if the contract is renewed and the price is
fixed during the initial term, would it remain fixed during the renewal term?
A4. See answer in Q3.
Q5. Page 8, Self-Dealing Transaction Disclosure. Is the disclosure only required as to
transactions taking place in Fresno County?
A5. Self Dealing is the conduct of a trustee, an attorney, a corporate officer, or other fiduciary
that consists of taking advantage of his position in a transaction and acting for his own
interests rather than for the interests of the beneficiaries of the trust, corporate
shareholders, or his clients.
Q6. Page 10, Tie Bids. Does the process for resolving a tie in favor of a Fresno County
vendor apply, since the Local Vendor Preference does not apply to this solicitation
(page 5)? If it does, what is required to be considered a local vendor, having a facility
in the County of having its headquarters in the County?
A6. Local Vendor Preference does not apply to this RFQ. However, in the event of a tie bid,
with all other factors being equal, tie bidders will have a chance to rebid.
Q7. Page 10, Audit and Retention. Doe the recordkeeping requirements only apply to the
performance of this contract? They are stated much more broadly in the RFQ, such
as asking for information as to Solid Waste collected within the County’s
unincorporated area. Also, are tonnage records required where it is not practicable
to obtain them? This would be the case for collection using carts and bins. There is
not enough volume to run a route specific to County facilities, and the material
would be combined in the route truck with material collected elsewhere. Could
estimates based on volume of material collected be used to meet the reporting
requirement?
A7. The awarded vendor will conduct a study with County Staff to determine an acceptable
practice for Reporting Requirements.
Exhibit A
Addendum No. ONE (1) Page 3
Request for Quotation Number: 17-057
June 7, 2017
G:\PUBLIC\RFQ\FY 2016-17\17-057 SOLID WASTE & RECYCLING\17-057 ADDENDUM 1.DOC
Q8. Page 13, Insurance. Would the requirement for 30 days’ notice of policy changes be
waived since insurance carriers do not typically provide this information on an
insurance certificate? Certificates typically only provide the notice of cancellation to
an additional insured.
A8. The County does not need to be notified of policy changes as long as the policy continues
to meet the minimum insurance requirements as stated in the RFQ.
Q9. Page 18, Reporting Requirements. Same issue as with Audits and Retentions above.
Are weight tickets required where it is not practicable? Where collection is by cart or
bin there is not enough volume to run a route specific to County facilities, and the
material would be combined in the route truck with material collected elsewhere. The
weight ticket at the disposal/processing facility would be for the contents of the
entire route.
A9. The awarded vendor will conduct a study with County Staff to determine an acceptable
practice for Reporting Requirements.
Q10. Will there be any contacts to view the other locations?
A10. Contact Bryan Hernandez at (559) 600-7117 and he will notify County Staff at the location.
Q11. Would it be possible to move the location of the compactor?
A11. No. The County has determined there is not another location to relocate the compactor.
Q12. If we have an alternate solution, how would you like that proposed in the quote?
A12. Include a narrative with your response, explaining the alternate solution and provide any
supporting information if available.
Q13. Will we be reporting only through the NEWHA? Or will there be two sets of
reporting?
A13. Haulers will be asked to submit the requisite reports identified and required by the NEWHA
agreements. Haulers will be required to submit a report to Resources and to provide a
copy of the report to Purchasing.
Q14. What qualifications does the county require for processing and disposal of MSW,
Recycling and Organics with in this agreement? How will haulers be requried to
show proof of use of a permitted processing facility for both recycling and organics?
Will this be requried with the quote submission or after the award?
A14. A permitted facility in good standing with CalRecycle and Environmental Health
Department. Haulers will be asked to provide a list of destination facilities for Solid waste,
recycling, green waste/organics. Submittal of facility lists should be included with quote.
Q15. What threshold of contamination in both Recycling and Organics is considered
acceptable without incurring a extra fee?
A15. This will be addressed with the awarded vendor.
Exhibit A
Exhibit B
COUNTY OF FRESNO
REQUEST FOR QUOTATION
NUMBER: 17-057
SOLID WASTE & RECYCLING
Issue Date: May 18, 2017
Closing Date: JUNE 20, 2017 AT 2:00 P.M.
All Questions and Quotations must be electronically submitted on the Bid Page on Public Purchase.
For assistance, contact Bryan Hernandez at Phone (559) 600-7110.
BIDDER TO COMPLETE
Undersigned agrees to furnish the commodity or service stipulated in the attached response at the prices and terms stated in this RFQ.
Bid must be signed and dated by an authorized officer or employee.
Except as noted on individual items, the following will apply to all items in the Quotation Schedule:
• A cash discount of /I //h-% ;V It--days will apply. County does not accept terms less than 15 days.
~\; \'i \ ')~,,__ \\ e ,r b~, pe:,c"" I,
CO PANY !
I .S ':JO ,, \,J
Cl Y STATE ZIP CODE
(0:.;:9 ;J :'J ) -C\ L..j '2_ 5
TELEP NU;~E:.:::7 .~ c. "''··_,.
-Sos<? .t,\1-, Q &Ve, Jc., lie Lb\ ''""'J.cc,M
E-MAIL DDRESS iJ 1
PRINT NAME TITLE
Purchasing Use: BH:st ORG/Requisilion: 8935 / 1321701054
G:\Public\RFQ\FY 2016-17\17-057 Solid Waste & Recycling\17-057 Solid Waste & Recycling.doc
Exhibit B
COUNTY OF FRESNO
ADDENDUM NUMBER: ONE (1)
RFQ NUMBER: 17-057
SOLID WASTE & RECYCLING
Issue Date: June 7, 2017
CLOSING DATE: JUNE 20, 2017 AT 2:00 P.M.
Submit all Questions and Quotations on the Bid Page at Public Purchase.
For assistance, contact Bryan Hernandez at (559) 600-7110.
NOTE THE ATTACHED ADDITIONS, DELETIONS AND/OR CHANGES TO THE REQUIREMENTS OF
REQUEST FOR QUOTATION NUMBER: 17-057 AND INCLUDE THEM IN YOUR RESPONSE. PLEASE SIGN
AND RETURN THIS ADDENDUM WITH YOUR QUOTATION.
ACKNOWLEDGMENT OF ADDENDUM NUMBER ONE /1\ TO RFQ 17-057
COMPANY NAME:
SIGNATURE:
/\ / • '-1 / /. (PRINT) \ ; .. ~ I <: .. i .. 1-k
NAME & TITLE: 1 I (PRINT)
Purchasing Use: BH:st ORG/Requisition: 8935 / 1321701054
G:\PUBLIC\RFQ\FY 2016-17\17-057 SOLID WASTE & RECYCLING\17-057 ADDENDUM 1.DOC
Exhibit B
Addendum No. ONE (1)
Request for Quotation Number: 17-057
June 7, 2017
QUESTIONS AND ANSWERS
Q1. Will there be an option for an all-in bid?
Page 2
A 1. Vendors can submit an all in bid for all locations. However, the County reserves the right to
make the award on the basis of the entire group or on a per line item basis. The award will
be made in a manner determined to be to the best advantage of the County. The County
will be the sole judge in making such determination.
Q2. In regard to Franchise Fees, would this fall under NEWHA?
A2. Yes, all haulers will be required to execute a NEWHA agreement, as per Ordinance
Section 8.24 and will be required to remit County Surcharges and related fees.
Q3. Page 6, Prices. Is the price fixed for the initial term of three years or would there be
an annual rate adjustment procedure? Annual rate adjustments are customary.
A3. The pricing should be firm for 3 years if possible, if not the County will accept a 30 day
written notice of any price increases, subject to County Purchasing's approval.
Q4. Page 7, Renewal. Following this further, if the contract is renewed and the price is
fixed during the initial term, would it remain fixed during the renewal term?
A4. See answer in 03.
Q5. Page 8, Self-Dealing Transaction Disclosure. Is the disclosure only required as to
transactions taking place in Fresno County?
A5. Self Dealing is the conduct of a trustee, an attorney, a corporate officer, or other fiduciary
that consists of taking advantage of his position in a transaction and acting for his own
interests rather than for the interests of the beneficiaries of the trust, corporate
shareholders, or his clients.
Q6. Page 10, Tie Bids. Does the process for resolving a tie in favor of a Fresno County
vendor apply, since the Local Vendor Preference does not apply to this solicitation
{page 5)? If it does, what is required to be considered a local vendor, having a facility
in the County of having its headquarters in the County?
A 6. Local Vendor Preference does not apply to this RFQ. However, in the event of a tie bid,
with all other factors being equal, tie bidders will have a chance to rebid.
Q7. Page 10, Audit and Retention. Doe the recordkeeping requirements only apply to the
performance of this contract? They are stated much more broadly in the RFQ, such
as asking for information as to Solid Waste collected within the County's
unincorporated area. Also, are tonnage records required where it is not practicable
to obtain them? This would be the case for collection using carts and bins. There is
not enough volume to run a route specific to County facilities, and the material
would be combined in the route truck with material collected elsewhere. Could
estimates based on volume of material collected be used to meet the reporting
requirement?
A 7. The awarded vendor will conduct a study with County Staff to determine an acceptable
practice for Reporting Requirements.
G:\PUBLIC\RFQ\FY 2016-17\17-057 SOLID WASTE & RECYCLING\17-057 ADDENDUM 1.DOC
Exhibit B
Addendum No. ONE (1)
Request for Quotation Number: 17-057
June 7, 2017
Page 3
Q8. Page 13, Insurance. Would the requirement for 30 days' notice of policy changes be
waived since insurance carriers do not typically provide this information on an
insurance certificate? Certificates typically only provide the notice of cancellation to
an additional insured.
AB. The County does not need to be notified of policy changes as long as the policy continues
to meet the minimum insurance requirements as stated in the RFQ.
Q9. Page 18, Reporting Requirements. Same issue as with Audits and Retentions above.
Are weight tickets required where it is not practicable? Where collection is by cart or
bin there is not enough volume to run a route specific to County facilities, and the
material would be combined in the route truck with material collected elsewhere. The
weight ticket at the disposal/processing facility would be for the contents of the
entire route.
A9. The awarded vendor will conduct a study with County Staff to determine an acceptable
practice for Reporting Requirements.
Q10. Will there be any contacts to view the other locations?
A 10. Contact Bryan Hernandez at (559) 600-7117 and he will notify County Staff at the location.
Q11. Would it be possible to move the location of the compactor?
A 11. No. The County has determined there is not another location to relocate the compactor.
Q12. If we have an alternate solution, how would you like that proposed in the quote?
A 12. Include a narrative with your response, explaining the alternate solution and provide any
supporting information if available.
Q13. Will we be reporting only through the NEWHA? Or will there be two sets of
reporting?
A 13. Haulers will be asked to submit the requisite reports identified and required by the NEWHA
agreements. Haulers will be required to submit a report to Resources and to provide a
copy of the report to Purchasing.
Q14. What qualifications does the county require for processing and disposal of MSW,
Recycling and Organics with in this agreement? How will haulers be requried to
show proof of use of a permitted processing facility for both recycling and organics?
Will this be requried with the quote submission or after the award?
A 14. A permitted facility in good standing with Ca/Recycle and Environmental Health
Department. Haulers will be asked to provide a list of destination facilities for Solid waste,
recycling, green waste/organics. Submittal of facility lists should be included with quote.
Q15. What threshold of contamination in both Recycling and Organics is considered
acceptable without incurring a extra fee?
A 15. This will be addressed with the awarded vendor.
G:\PUBLIC\RFQ\FY 2016-17\17-057 SOLID WASTE & RECYCLING\17-057 ADDENDUM 1.DOC
Exhibit B
Quotation No. 17-057 Page 16
VENDOR MUST COMPLETE AND RETURN WITH REQUEST FOR QUOTATION.
Firm: -----------------
REFERENCE LIST
Provide a list of at least five (5) customers for whom you have recently provided similar
products/services. Be sure to include all requested information.
Reference Name:
Address:
State: City: /ifltNl1
Phone No.: ( ffi_ ) 6 z./~ /8()/
Service Provided: UNJmet').(UI-L --
Date:
_, ___ ,_,_,_,_, __ ,_,_, __ ,,__;,
Reference Name:
Address:
:IivC111~w-•n1-
__,,6'-'6"-/_r -=5°'_,1_~-=-'()___ Date:
+
__ ,_,_, __ ,_,_,_, __ ,_, __ ,_,_,_,_,_, ___ "co'rii~c1:,.,~ -,rl.4ix.,fffffiwQJI{ ____ ,_,
'I c)
City: _-t5JN~~~--c=..--..-===--,------State:
Phone No.:
Service Provided:
Failure to provide a list of at least five (5) customers may be cause for rejection of this RFQ.
G:\PUBLIC\RFQ\FY 2016-17\17-057 SOLID WASTE & RECYCLING\17-057 SOLID WASTE & RECYCLING.DOC
Exhibit B
Quotation No. 17-057 Page 20
QUOTATION SCHEDULE
Pick Ups Monthly
Deoartment Service Tune QTY lnerweekl Amount
Public Works Roads Area 3 30 Yard Roll Off 1 1 f l'fi'•''H/ o/,.AO U "t .J,,;oJ\
779 E, Polk Ave, 96 Gallon Recycle Cart 1 1 . 1t 1 . .s · ,CJ Coalinga, CA 93210
Public Works Roads Area 5 30 Yard Roll Off 1 1 P I bs 1-'i.f ,,.
2544 W, Mountain View 96 Gallon Recycle Cart 1 1 ,f;. ; ,;-,e,e,
Caruthers, CA 93609
'
Public Works Roads Area 7 1 ,P if ~•v• 25 Yard Roll Off 1 < / ,.':, .~ 'W /oA
9400 N, Matus Ave, 96 Gallon Recycle Cart 1 1 /, s•00
Fresno, CA 93720
Public Works Roads Area 8 I, ~ &• 25 Yard Roll Off 1 1 (.~) t t..;.;·\4(',,
4525 E. Olive 96 Gallon Recycle Cart 1 1 I-l -~, Sanger, CA 93657 _,,::,
Public Works Roads Area 9 11 • ,CV ' 25 Yard Roll Off 1 1 . l<-,0 + 45'"w1,
3633 S. Del Rey Ave, 96 Gallon Recycle Cart 1 1 {~-Sanger, CA 93657
Sheriff-Coroner's Office 40 Yard Roll Off 1 3 f (35 ~t-'iS 1-o•
Main Jail 14 Yard Organic Bin 1 3 ,i I ii,•,"· ;.-:,P, \-(;,O 1225 M. Street .ft I l/1 ;, ,JC i--' ,;o Fresno, CA 93721 14 Yard Recycle Bin 1 3 to/\
" Sheriff-Coroner 1 1 JJ .. l/ • ·=" ·,, . ""' 30 Yard Roll Off Recycle ,. \' I u 'I') -
Central Kitchen 4 Yard Organic Bin 2 5 .~ L./ "IS, ~-;.
200 N. H Street
Fresno, CA 93701
Plaza Building 25 Yard Compactor-Recycle 1 1 .'f/Lt.;·; oo 2220 Tulare Street 6 Yard Solid Waste Bin 1 1 1f 110·1..~ Fresno, CA 93721 I
Please see Attachment A for suecial instructions
. \ \ ·;i,.._,, \ \. 0 ,:'\:: ; C\ y--e.__ C "-"'-r e.. -· l'\. \t<A.\, ~ L G-/\0 1-::\ \ \
G:\PUBLICIRFQ\FY 2016-17117-057 SOLID WASTE & RECYCLING\17-057 SOLID WASTE & RECYCLING.DOC
Exhibit B
Quotation No. 17-057 Page 15
BIDDER TO COMPLETE THE FOLLOWING:
PARTICIPATION
The County of Fresno is a member of the Central Valley Purchasing Group. This group consists of Fresno,
Kern, Kings, and Tulare Counties and all governmental, tax supported agencies within these counties.
Whenever possible, these and other tax supported agencies co-op (piggyback) on contracts put in place by
one of the other agencies.
Any agency choosing to avail itself of this opportunity, will make purchases in their own name, make
payment directly to the contractor, be liable to the contractor and vice versa, per the terms of the original
contract, all the while holding the County of Fresno harmless. If awarded this contract, please indicate
whether you would extend the same terms and conditions to all tax supported agencies within this group as
you are proposing to extend to Fresno County. • Yes, we will extend contract terms and conditions to all qualified agencies within the Central Valley
Purchasing Group and other tax supported agencies.
_// / (Aut.-h6rized Signature)
,1/ D,._ d +
Title
G:\PUBLIC\RFQ\FY 2016-17\17-057 SOLID WASTE & RECYCLING\17-057 SOLID WASTE & RECYCLING.DOC
Exhibit B
Quotation No. 17-057 Page 12
BIDDER TO COMPLETE:
GUARANTEED PICK UP AND/OR DELIVERY: Bidder will be considered in award of bid only if they can
guarantee. Enter guarantee on this line (i.e. number of days from receipt of order to delivery):
j-Y, \,, ~-;, f\ F+e..,.-· Sc' f'v1 1c e ~ t:>cb-"' :s.f <,(',
SUBCONTRACTORS:
List all subcontractors that would perform work in excess of one/half of one percent of the total amount of
your bid, and state general type of work such subcontractor would be performing. The primary contractor is
not relieved of any responsibility by virtue of using a subcontractor:
A/4, -e
G:\PUBLICIRFQ\FY 2016-17117-057 SOLID WASTE & RECYCLING\17-057 SOLID WASTE & RECYCLING.DOC
Exhibit B
Quotation No. 17-057 Page 22
CHECK LIST
This Checklist is provided to assist the vendors in the preparation of their bid response. Included in this list,
are important requirements and is the responsibility of the bidder to submit with the bid package in order to
make the bid compliant. Because this checklist is just a guideline, the bidder must read and comply with the
bid in its entirety.
Check ?ch of the following:
1. ~e Request for Quotation (RFQ) has been signed and completed.
2. _ /ddenda, if any, have been signed and included in the bid package.
3. · V The completed Reference List as provided with this RFQ.
4. fihe Quotation Schedule as provided with this RFQ has been completed, price reviewed for
~ yt'curacy and any corrections initialed.
5. V Indicate all of bidder exceptions to the County's requirements, conditions and specifications
--as stated within this RFQ. (\/ & ,V L
6. /h~Participation page as provided within this RFQ has been signed and included
7. ~Jslder to Complete page as provided with this RFQ.
8. ~ ~eturn checklist with RFQ response.
v/Completed RFQ in pdf format, electronically submitted to the Bid Page on Public
--Purchase.
9.
G:\PUBLICIRFQIFY 2016-17\17-057 SOLID WASTE & RECYCLING\17-057 SOLID WASTE & RECYCLING.DOC
Exhibit CNon-Exclusive Waste Hauler Agreement (NEWHA) between the County of Fresno and
Exhibit C1 2 HAULERS 3 This Non-Exclusive Waste Haulers Agreement is made and entered into this_ day of~~---· 4 2 ("Effective Date"), by and between the County of Fresno ("the County") and 5 ../L_..:!.2..-"""----""LI,C!~.:s..-...:::!.,j!_ :...:,,._,~-""""-'"""""'"----"""'-"""""~-("Contractor"). The County and Contractor 6 may be referred to herein individually as "Party" and collectively as "the Parties". 7 8 RECITALS 9 WHEREAS, it has been determined by the County's Board of Supervisors, pursuant to the broad 1 O authority granted to local governmental agencies under Public Resources Code Section 40059, that the 11 Collection and Disposal of Solid Waste in the unincorporated area of the County of Fresno is to be provided 12 by private waste haulers, subject to such regulations as the County may impose; and 13 WHEREAS, Fresno County Ordinance Code Chapter 8.21 established the Exclusive Service Area 14 Program ("ESAP"), pursuant to which the County has entered into contracts that establish Exclusive 15 Service Areas that are assigned thereunder to certain specifically designated private waste haulers ("ESAP 16 Haulers") to provide weekly collection services as provided therein. Specifically, each ESAP Hauler 17 provides, under its separate Agreement and within its designated Exclusive Service Area, the collection of 18 Solid Waste placed in containers with a volume of up to ten (10) cubic yards, by residential and commercial 19 customers for disposal or recycling as appropriate; and 20 WHEREAS, Fresno County Ordinance Code Chapter 8.24 establishes the County's program for 21 regulation of those Solid Waste Handling Services that are not governed by the provisions of Ordinance 22 Code Chapter 8.21 and the exclusive contracts with the ESAP Haulers. Stated briefly, any transaction 23 involving the Collection, for compensation, of Solid Waste amounting to ten (10) cubic yards or more is not 24 governed by the provisions of Chapter 8.21 and shall remain subject to open market competition under the 25 provisions of Chapter 8.24; and 26 WHEREAS, the provisions of Ordinance Code Chapter 8.24 are intended to apply to persons and 27 entities that are engaged in the Collection, transportation, processing, recycling, composting or Disposal of 28 Solid Waste, for compensation, with respect to transactions involving their Collection, for compensation, -1-
Exhibit C1 of Solid Waste equal to or exceeding ten (10) cubic yards from any residential or commercial Customer; 2 and 3 WHEREAS, the regulatory program established by Ordinance Code Chapter 8.24 provides for the 4 issuance to each successful applicant of an appropriate waste hauler's permit and execution of a Non-5 Exclusive Waste Hauler Agreement (NEWHA) such as this one, that binds the contracting waste hauler to 6 certain requirements for the benefit of the general public; and 7 WHEREAS, ESAP Haulers are fully and equally entitled to participate in the non-exclusive market 8 open to NEWHA Haulers, as transactions involving the collection of Solid Waste amounting to ten (10) 9 cubic yards or more is not an exclusive market and is intended to and shall remain subject to open 1 O competition. However, non-ESAP Haulers may not provide collection services that are governed by 11 Chapter 8.21 and the Agreements between the County and ESAP Haulers, as each ESAP Hauler is 12 entitled to provide Solid Waste Handling Services for the collection of Solid Waste placed in containers with 13 a volume of up to ten (10) cubic yards on an exclusive basis within its designated Exclusive Service Area; 14 and 15 WHEREAS, the purpose of this Agreement is to provide, by means of Non-Exclusive Waste Hauler 16 Agreements such as this one, for the Collection, transportation, processing, recycling, composting and 17 Disposal of Solid Waste that is not governed by the provisions of Ordinance Code Chapter 8.21 and the 18 exclusive contracts with the ESAP Haulers. Contractor, as a NEWHA Hauler hereunder, shall comply with 19 all provisions of this Agreement in providing Solid Waste Handling Services, as that term is defined herein 20 and in Fresno County Ordinance Code Chapter 8.24, for any and each transaction involving the Collection 21 by Contractor, for compensation, of Solid Waste equal to or exceeding ten ( 10) cubic yards from any 22 residential or commercial Customer. 23 NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby 24 acknowledged, the Parties hereby agree as follows: 25 I. DEFINITIONS 26 For purposes of this Agreement, unless a different meaning clearly is required by the context, the following 27 words and phrases shall be defined as set forth in this Article I (and additional definitions relevant to this 28 Agreement are set forth in Chapter 8.24 of the Ordinance Code). -2-
Exhibit C1 A. "AB 341" means the California legislation (Stats. 2006, Ch. 476), as it may be amended from time to 2 time, that, among other things, added Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 3 30 of the Public Resources Code, imposing mandatory commercial recycling and requirements that each 4 jurisdiction implement an outreach and education program and monitor compliance with the mandatory 5 commercial recycling requirements. 6 B. "AB 1826" means the California legislation (Stats. 2014, Ch. 727), as it may be amended from time 7 to time, that, among other things, added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of 8 Division 30 of the Public Resources Code, imposing requirements that each jurisdiction implement an 9 organic waste recycling program and provide for education, outreach and monitoring of businesses subject 10 to the requirements. 11 C. "Collection" (and "Collect," "Collected," and "Collecting") means the pickup and removal by 12 Contractor from its Customers' premises of Solid Waste, or other material and transportation of such 13 material to a Processing Site or Solid Waste Facility as appropriate and consistent with Contractor's 14 obligations under the Non-Exclusive Waste Hauler Agreement. 15 D. "Construction and Demolition Debris" means the debris from used construction materials, dredging, 16 grubbing, and rubble resulting from constructing, remodeling, repair, razing, renovation, demolition, 17 excavation, or construction clean-up activities at residential, commercial, or governmental buildings, and 18 any other structure or pavement. 19 "Container(s)" means roll-off boxes, compactors, trailers, or similar containers used to provide Solid 20 Waste Handling Services. All Containers shall be clearly labeled with the company name and phone 21 number on a minimum of two sides with a minimum font size of four inches. This definition does not 22 include carts or bins as defined in Chapter 8.21 and utilized as part of delivery of services under an ESAP 23 Agreement. 24 F. "County Representative" means the Director of the Department of Public Works and Planning, or 25 his/her designee, who may be a County official or an agent of County specifically designated to serve as 26 the County Representative and thereby authorized by Chapter 8.24 to administer the program and enforce 27 the terms of this Agreement on County's behalf. 28 G. "Customer'' means the person or entities receiving Solid Waste Handling Services pursuant to this -3-
Exhibit C1 Non-Exclusive Waste Hauler Agreement. 2 H. "Discarded Material" means Solid Waste, Recyclable Materials, and Organic Materials placed by a 3 Generator in a Collection Container and/or at a location that is designated for Collection. 4 I. "Disposal," "Disposing," "Dispose," or "Disposed" means the final disposition, at a Solid Waste 5 Facility, of Solid Waste Collected by Contractor. 6 J. "Diversion" or "Diverted" means activities that reduce or eliminate the amount of Solid Waste from 7 Solid Waste Disposal including, but not limited to, recycling and composting. 8 K. "ESAP Hauler" means a Solid Waste Enterprise engaged in commercial hauling of Solid Waste in g the unincorporated area of the County governed by the Exclusive Service Area Program provisions of 1 o Chapter 8.21. Only an ESAP Hauler can be both an ESAP Hauler and a NEWHA Hauler. 11 L. "Exclusive Services Area Program" or "ESAP" means the program established by the enactment of 12 Chapter 8.21, including the contracts described therein ("ESAP Agreements") that establish the Exclusive 13 Service Areas that are assigned thereunder to designated private waste haulers ("ESAP Haulers"), to 14 provide weekly collection services as provided therein. 15 M. "Excluded Waste" means any of the following: 16 (i) Hazardous Waste, 17 18 19 20 21 22 (ii) Medical and Infectious Waste (iii) Volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material, (iv) Waste that Contractor reasonably believes would, as a result of or upon Disposal, be a violation of local, State or Federal law, regulation or ordinance, including land use restrictions or conditions, (v) Waste that in Contractor's reasonable opinion would present a significant risk to human 23 health or the environment, cause a nuisance or otherwise create or expose Contractor or 24 County to potential liability, and 25 (vi) Special Waste. 26 N. "Non-Exclusive Waste Hauler(s)" or "NEWHA Hauler" means a person or entity authorized to 27 engage in commercial hauling of Solid Waste in the unincorporated area of the County that is not governed 28 by the Exclusive Service Area Program provisions of Chapter 8.21. Only an ESAP Hauler can be both an -4-
Exhibit C1 ESAP Hauler and a NEWHA Hauler. 2 0. "Non-Exclusive Waste Hauler Agreement" or "NEWHA" means the agreement between the County 3 and any NEWHA Hauler that is a prerequisite to the authorized provision of the Solid Waste Handling 4 Services as specified therein, including all exhibits and future amendments thereto. 5 P. "Non-Exclusive Waste ·Hauler Agreement Permit," or "NEWHA Permit," or "Permit" means the 6 permit required to engage in authorized commercial hauling of Solid Waste in the unincorporated area of 7 the County that is not governed by the Exclusive Service Area Program provisions of Chapter 8.21. 8 Q. "Organic Materials" or "Compostable Materials" means Discarded Materials from the Customer 9 intended for and capable of being composted, digested or otherwise processed (such as food scraps, yard 1 O trimmings or compostabfe paper), and that are separated, set aside, handled, packaged, offered, or 11 othe_rwise delivered for collection by a Customer in a manner different from Solid Waste. Organic Materials 12 shall not include any Excluded Waste. 13 R. "Quarterly Remittance(s)" means the quarterly payment made to the County by each NEWHA 14 Hauler of Service Fees and County Solid Waste Surcharges, as more thoroughly provided in Article VI of 15 this Agreement. 16 S. "Recyclable Materials" or "Recyclables" means Discarded Materials from the Customer intended for 17 and capable of being recycled, and that are separated, set aside, handled, packaged, offered, or otherwise 18 delivered for collection by a Customer in a manner different from Solid Waste. Recyclable Materials shall 19 not include any Excluded Waste. 20 T. "Residual" means the non-recyclable, non-compostable materials left over after processing 21 residual waste or source-separated Recyclables or Organics. This material is typically disposed in a 22 landfill. 23 U. "Solid Waste" means Solid Waste as defined in California Public Resources Code, Division 30, Part 24 1, Chapter 2 (particularly Section 40191) and regulations promulgated thereunder, and without limitation 25 includes the following: (1) Solid Waste (2) Bulky Items; (3) vehicle parts as defined in California Code of 26 Regulations, Title 23, Division 3, Chapter 15, Section 2520(d)(3) and Section 2523(c); and (4) electronic 27 materials classified as universal wastes pursuant to CCR Title 14, Section 66260.22, et seq. Excluded from 28 the definition of Solid Waste are: Excluded Waste, Recyclable Materials kept separate from Solid Waste -5-
Exhibit C1 for the purpose of Recycling, Organic Materials, and Construction and Demolition Debris with less than 2 10% Residual. 3 V. "Solid Waste Enterprise" means any individual, partnership, joint venture, unincorporated private 4 organization, or private corporation, which is regularly engaged in the business of providing Solid Waste 5 Handling Services. 6 W. "Solid Waste Facility" includes a solid waste transfer or processing station, a composting facility or 7 organics processing facility, a gasification facility, a transformation facility, an Engineered Municipal Solid 8 Waste conversion facility, or a disposal facility as consistent with California Public Resources Code §40194. 9 X. "Solid Waste Handling Services" means the removal of Solid Waste and placement in a Collection 1 O Vehicle for transport, storage, or processing of Solid Waste for residential, commercial, institutional, or 11 industrial users or Customers. 12 Y. "Source Separated" means the segregation, by the Generator, of materials designated for separate 13 Collection for some form of recycling, processing, composting, recovery, or reuse. 14 Z. "Special Waste" includes any materials that under current or future statute or regulation require the 15 application of special treatment, handling, or Disposal practices beyond those normally required for Solid 16 Waste. "Special Waste" shall be deemed to include, without limitation, all of the following: flammable waste; 17 liquid waste transported in a bulk tanker; sewage sludge; pollution control process waste; residual and 18 debris from cleanup of a spill or release of chemical substances, contaminated soil, waste, residual, debris, 19 and articles from the cleanup of a site or facility formerly used for the generation, storage, treatment, 20 recycling, reclamation, or Disposal of any other Special Wastes; dead animals; manure; waste water; 21 explosive substances; radioactive substances; fluorescent tubes; and abandoned or discarded 22 automobiles, trucks, motorcycles or parts thereof, including tires. 23 II. SCOPE OF SERVICES AND BASIC REQUIREMENTS 24 A. Contractor hereby acknowledges its understanding that, in order to maintain its eligibility to provide 25 Solid Waste Handling Services to the extent not governed by Ordinance Code Chapter 8.21 and the 26 contracts with ESAP Haulers, it is required by Ordinance Code Chapter 8.24 that Contractor must apply for 27 and obtain from the County Representative, and at all times maintain in good standing, the appropriate 28 Permit authorizing Contractor's activities as a Non-Exclusive Waste Hauler within the unincorporated area -6-
Exhibit C1 of Fresno County. 2 B. Contractor may be required to make its Collection Vehicles available for ir}spectionby the County 3 Representative or designee, and to pass such inspection, as a condition to the initial issuance of the 4 requisite Permit 5 C. As provided in Ordinance Code Chapter 8.24, any Solid Waste Enterprise, as that term is defined 6 therein, is required to execute an agreement in form substantially identical to this Agreement, in order to 7 attain eligibility for issuance by the County Representative of the requisite Permit. Contractor hereby 8 acknowledges its understanding that failure by Contractor to comply fully with the requirements of this 9 Agreement may result in suspension or revocation of such Permit, as more thoroughly provided both herein 1 O below and in Ordinance Code Chapter 8.24. i11 D. This Agreement, together with issuance to Contractor of the requisite Permit as provided in 12 Sections A and B of this Article ll, and Contractor's continued maintenance of the effectiveness of said 13 Permit in good standing, provide authorization to Contractor to provide Solid Waste Handling Services, on a 14 non-exclusive basis within the unincorporated area of the County of Fresno, for compensation remitted to 15 Contractor by its residential and commercial Customers, for any and each transaction involving the 16 Collection from such Customers of Solid Waste equal to or exceeding ten (10) cubic yards. 17 m. MAINTENANCE OF PERMIT AND APPEAL PROCEDURES 18 A. Unless suspended or revoked for the reasons provided in this Article Ill, the Permit must be 19 renewed by Contractor on or before the third anniversary of its issuance, by written application to the 20 Coun~y Representative, the procedure for which may include, but is not necessarily limited to inspection by 21 the County Representative or designee of the Contractor's Collection Vehicles that are used in the 22 performance of the Solid Waste Handling Services authorized to be provided by Contractor hereunder. 23 8. Upon any failure by Contractor to renew the requisite Permit prior to the renewal deadline, the 24 Permit shall expire by its terms at 12:01 a.m. on the next calendar day. Expiration of the Permit shall result 25 in automatic and immediate termination of Contractor's authorization to provide Solid Waste Handling 26 Services thereunder, and shall constitute grounds for termination of this Agreement, upon thirty (30) 27 calendar days' written notice to Contractor of County's intent to terminate this Agreement and Contractor's 28 rights to provide Solid Waste Handling Services pursuant hereto. The Permit may be reinstated at County's -7-
Exhibit C1 discretion, upon written application by Contractor to the County Representative within thirty (30) calendar 2 days following its expiration, together with Contractor's submittal to County of any reports or payments 3 required hereunder from Contractor that are overdue at the time of such reinstatement application. 4 c. contractor agrees that, during the term of this Agreement, Contractor's Collection Vehicles will be 5 made available for inspection at a site designated by the County Representative, upon five (5) business 6 days advance request, and Contractor hereby acknowledges that the Parties contemplpte that such 7 inspections shall take place no less often than annually. Any Collection Vehicle that fails to pass such 8 inspection shall not be utilized by Contractor in providing Solid Waste Handling Services hereunder until the g deficiency is cured and such vehicle(s) passes a subsequent inspection by the County Representative or 10 designee. 11 D. Contractor's Permit may be suspended for the following reasons: 12 (1) a significant percentage of its Collection Vehicles fail to pass inspection, or 13 (2) violation of any provision of this Agreement, including but not limited to failure to remit timely any 14 payment or report when due under this Agreement. 15 Contractor shall be given notice, by certified mail, return receipt requested, of any such violation or 16 deficiency, or any delinquency in payment, and the date of any scheduled hearing on the proposed 17'. suspension or revocation of its Permit. Subject only to the provisions of the immediately following Section 18 111.E., if Contractor fails to cure any delinquency in payment within thirty (30) calendar days following the 19 County's mailing of such notice, then Contractor's Permit shall be suspended, effective on the fifth calendar 20 day following mailing to Contractor of notice of the suspension of its Permit. 21 E. A Contractor will be provided the opportunity for a hearing on the proposed suspension or 22 revocation of its Permit in accordance with Ordinance Code Section 8.24.100, and may appeal any ruling 23 approving the suspension or revocation of its Permit to the Director of the County's Department 6f Public 24 Works and Planning ("Director"). Such appeal must be in writing and provide a detailed explanation of the 25 basis for such appeal. Such appeal must be delivered, personally or by certified or registered mail to the 26 office of the Director, and such appeal must be delivered within twenty (20) days after the County's mailing 27 of the notice of proposed suspension or revocation, or it shall be rejected as untimely. A hearing on any 28 timely delivered appeal will be scheduled by the Director or his/her designee within a reasonable period of -8-
Exhibit C1 time following receipt thereof, and written notice of the hearing date shall be mailed to Contractor at least 2 twenty (20) days prior thereto. Failure by Contractor to pursue this appeal procedure shall be deemed a 3 failure by Contractor to exhaust its available administrative remedies, upon which County may rely as an 4 absolute defense to any subsequent claim or legal action initiated by Contractor regarding the revocation of 5 its Permit. 6 F. Final Revocation of Contractor's Permit shall constitute grounds for immediate termination of this 7 Agreement. Contractor's Permit may be revoked for the following reasons: 8 (1) due to violation of applicable law or regulation by Contractor, or 9 (2) if Contractor's Permit remains suspended for more than ninety (90) days following the effective date 10 of the suspension of such Permit under Section 111.D. 11 In the event of the final revocation of a Permit following the Director's denial of an appeal by Contractor, the 12 County Representative shall notify the Contractor within forty-eight (48) hours in writing of the decision and 13 the reasons therefor. Such notification may be made in person or by registered/certified mail. Any notice of 14 final revocation shall include, without limitation, the effective date of revocation of that Contractor's Permit to 15 collect Solid Waste. 16 G. If County terminates this Agreement for any of the reasons set forth in this Article Ill, Contractor's 17 obligation to remit payments due hereunder, for Solid Waste collected by Contractor prior to the final • 18 termination date, shall survive the termination of this Agreement. 19 IV. TRANSPORT AND DISPOSAL OF SOLID WASTE 20 The Parties acknowledge that County is responsible under California law to provide for the collection of 21 Solid Waste within its jurisdictional boundaries and has the authority to control by ordinance the disposition 22 of Solid Waste collected in the unincorporated area of the County. It is agreed between County and 23 Contractor, commencing on the Effective Date and continuing throughout the term of this Agreement, as 24 follows: 25 A. Flow Control -Delivery of Solid Waste to Designated Solid Waste Facility 26 Contractor expressly agrees to deliver, to such permitted Solid Waste Facility as may be designated by the 27 County, from and after the date of County's written notification to Contractor of such designation (unless 28 exempted from such requirement pursuant to the immediately following Section IV.B), all of the Solid Waste -9-
Exhibit C1 Collected by Contractor within the unincorporated area of Fresno County pursuant to this Agreement. 2 B. Application for Limited Exemption from Flow Control Requirement 3 Any Contractor may make an application to the County Representative for an exemption from the Flow 4 Control requirement set forth in the immediately preceding Section IV.A. 5 1. The application for exemption must provide sufficient justification to support the requested 6 exemption, which may in the County Representative's discretion be granted on the basis of extreme 7 economic inefficiencies attributable to geographical hardship or other extenuating circumstances. 8 An exemption may be rejected on the sole basis of Contractor's demonstrated failure to comply with g the reporting requirements set forth in Article V of this Agreement. 1 o 2. An exemption granted to any Contractor shall be in writing, and shall be valid only for a period of 11 two (2) years following the date on which it is granted, at which time the exemption will expire by its 12 terms. Provided, however, that the Contractor may submit an application, together with sufficient 13 explanatory supporting justification, to support an extension of the exemption, not more than 120 14 days and not less than 60 days prior to its expiration. If any exemption granted to a Contractor 15 expires by its terms, that Contractor may submit an application seeking issuance of a new 16 exemption no sooner than 90 days following the expiration of the prior exemption. If any exemption 17 granted to a Contractor is revoked pursuant to the provisions of the immediately following Section 18 IV.C, then Contractor will not be eligible to apply for issuance of a new exemption until 36 months 19 have passed following the revocation of the prior exemption. 20 C. Revocation of Exemption 21 Breach of any provision of this Agreement, including but not limited to the reporting and payment 22 requirements listed in the immediately following Articles V and VI, respectively, may result in revocation of 23 the exemption; and in the event of such revocation, the Contractor shall be required, from and after the date 24 of delivery of notice of such revocation, to deliver all Solid Waste to the Solid Waste Facility designated by 25 the County in accordance with the provisions of this Agreement. 26 V. RECORDS AND REPORTING 27 A. Financial and Operational Records 28 Contractor shall maintain accurate and complete accounting records containing the underlying financial and -10-
Exhibit C1 operating data relating to and showing the basis for computation of all revenues associated with providing 2 collection, transportation, processing, recycling, composting, and Disposal of Solid Waste pursuant to the 3 provisions of this Agreement. The accounting records shall be prepared in accordance with Generally 4 Accepted Accounting Principles (GAAP) consistently applied. 5 At a minimum, the following operational records relating to each of the following shall be maintained by 6 Contractor for a period of three (3) years following the date of expiration or termination of this Agreement: 7 1. Customer account information and billing records. 8 2. Tonnage of material collected, identified by type (e.g., Solid Waste, Recyclable Material, Organic 9 Material, or Construction and Demolition Debris), listed by the Processing Site or Solid Waste 1 O Facility to which such materials were delivered. To the extent possible, Contractor also shall 11 maintain in its records information that separately accounts for the respective amounts of tonnage 12 collected by Contractor from its residential and commercial Customers. 13 3. Tonnage (if any) of Recyclable Materials, Organic Material, or Construction and Demolition Debris 14 (C&D) Diverted from Disposal by Contractor, together with supporting documentation. 15 4. Diversion level (if applicable), which shall equal tonnage Diverted by Contractor divided by the 16 tonnage Collected by Contractor multiplied by 100, listed separately by month for the previous 17 quarter. Tonnage Diverted shall reflect Discarded Materials Processed less Residual Disposed. 18 5. Residual levels of processed or composted materials. 19 6. Weight tickets from: (i) each Solid Waste Facility documenting the tonnage of Solid Waste Collected 20 by Contractor within the County's unincorporated area and delivered to such Solid Waste Facility; 2 i (ii) Processing Sites documenting the tonnage of Discarded Materials collected within the County's 22 unincorporated area and delivered to the approved Processing Sites; and (iii) permitted Solid Waste 23 Facilities documenting the tonnage of Residual delivered to such facilities by vehicle, date and time. 24 1. Names, service addresses, contact information and service levels for Customers required to comply 25 with AB 341 and AB 1826, including State agencies, schools, and County facilities. 26 The information listed above shall be provided by Contractor to the County upon request. 27 B. Customer Records 28 Contractor shall maintain accurate and complete records containing the number and types of accounts -11-
Exhibit C1 served by Contractor. The records shall contain, at a minimum, the Customer's name, type of business, 2 phone number, collection address or location, date of Collection, itemized listing of services performed, type 3 of material Collected, tonnage Collected, and the amount charged to provide services. The information 4 shall be provided to the County upon request. 5 C. Quarterly Report 6 Quarterly reports shall be submitted in hard copy based upon COUNTY format, and shall be provided 7 electronically in software acceptable to COUNTY, unless otherwise directed by County Representative. 8 The Contractor's Quarterly Report shall provide the following information: g 1. Total Tonnage. Total tonnage Collected by Contractor within the County's unincorporated area 1 O during the previous quarter, listed separately by material type and by month. 11 2. Diverted Tonnage. Tonnage Collected by Contractor within the County's unincorporated area that 12 was Diverted during the previous quarter, listed separately by material type and by month. 13 3. Disposed Tonnage. Tonnage Collected by Contractor within the County's unincorporated area that 14 was Disposed during the previous quarter, listed separately by month. 15 4. Diversion Level. Tonnage Diverted by Contractor divided by the tonnage Collected by Contractor 16 multiplied by 100, listed separately by month for the previous quarter. Tonnage Diverted shall · 17 reflect Discarded Materials processed less Residual Disposed. 18 5. C&D. Tonnage generated from construction and demolition permitted sites, noting the permit 19 number, the site address, the tonnage hauled, the date hauled, and the facilities to which the 20 material was hauled. 21 6. Disposal and Processing Locations. Contractor shall provide a list of the names and addresses 22 identifying where Discarded Materials collected within the County's unincorporated area during the 23 previous quarter were Diverted and Disposed. Such list shall include the amount of Discarded 24 Materials tonnage Diverted and/or Disposed at each location during the previous quarter, listed 25 separately by month. 26 7. Revenues. Gross revenues (e.g., cash receipts) earned on all Collection, transportation, 27 processing, recycling, composting and Disposal services provided to Customers within the County's 28 unincorporated area during the previous quarter, listed separately by month. -12-
Exhibit C1 8. Account Information. In table format, the number of Customers within the County's unincorporated 2 area served by Contractor and the number of Containers serviced per month listed by Container 3 type (e.g., Drop Box or Compactor) and Container size, and listed separately by Discarded Material 4 type, and regularly scheduled service and unscheduled (on-call) service. 5 9. Contractor Officers and Board Members. Provide a list of Contractor's officers and members of its 6 board of directors ( only required to be provided with the first quarter report each year, or in the event 7 of a change in Contractor's officers or board members). 8 The County reserves the right to request additional reports from Contractor, and upon the County's request, 9 Contractor shall provide information required above for the time period requested by the County. It is the 1 O desire of the County to track the above required information on an ongoing basis throughout the term of this 11 Agreement. 12 VI. REQUISITE PAYMENT OF SERVICE AND OTHER FEES 13 Contractor's Quarterly Remittance hereunder requires that Contractor make the following payments to 14 County on a quarterly basis, which payments shall be due and payable on or before: May 15 (for the 15 preceding first quarter consisting of January 1 through March 31 ); August 15 (for the preceding second 16 quarter consisting of April 1 through June 30); November 15 (for the preceding third quarter consisting of 17 July 1 through September 30); and February 15 (for the preceding fourth quarter consisting of October 1 18 through December 31 ). The payment of each Quarterly Remittance shall be accompanied by a summary 19 breakdown of the amount of Contractor's payment attributable to each of the following components: 20 A. Service Fee 21 In consideration of the rights granted to Contractor under this Agreement, and to cover related costs to be 22 incurred by County including program administration, Contractor shall pay to the County each quarter a 23 Service Fee in an amount equal to 10% of actual gross revenues remitted to Contractor by its Customers 24 for the services provided by Contractor under this Agreement. 25 B. Solid Waste Management Surcharge 26 Contractor shall pay to the County the surcharge for Solid Waste management program activities, as listed 27 in the County of Fresno Master Schedule of Fees, Charges and Recovered Costs, currently in the amount 28 of $3.41 per ton, for each ton Collected by Contractor from its Customers pursuant to the provisions of this -13-
Exhibit C1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Agreement. (This surcharge is incorporated into the tipping fee at the American Avenue Disposal Site, and thus requires no separate payment if that facility is used.) C. Southeast Regional Area Surcharge Contractor shall pay to the County the surcharge that funds all closure/post-closure maintenance costs for the Southeast Regional Disposal Site, as listed in the County of Fresno Master Schedule of Fees, Charges and Recovered Costs, currently in the amount of $3.50 per ton; provided, that this surcharge is applicable only as to Solid Waste Collected pursuant to this Agreement within the Southeast Regional Solid Waste Commission Area, as identified in the map attached hereto as Exhibit "A". VII. TERM The term of this Agreement shall be three (3) years, unless earlier terminated under Article Ill of this Agreement due to the expiration or revocation of Contractor's requisite Permit. Before the expiration of such term, it shall be the Contractor's responsibility to enter into a successor agreement with the County (and to apply for renewal and at all times maintain in good standing the viability of its Permit), in order for Contractor to retain its authorization to provide those certain Solid Waste Handling Services as specified herein. 16 VIII. COMPLIANCE WITH LAWS 17 In providing the Solid Waste Handling Services authorized to be provided by Contractor hereunder, 18 Contractor shall at all times comply with all applicable Federal, State, and local laws, ordinances, 19 regulations, and Fresno County Charter Provisions in effect at the time of Contractor's performance of such 20 services. In addition, by execution of this Agreement, Contractor hereby expressly acknowledges that 21 Contractor has reviewed and is familiar with the provisions of Fresno County Ordinance Code Chapters 22 8.20 through 8.25. 23 IX. RELATIONSHIP OF PARTIES 24 The Parties intend that Contractor shall perform the Solid Waste Handling Services as authorized herein as 25 an independent contractor engaged by the County and not as an officer or employee of the County, nor as 26 a partner of or joint venturer with the County. No employee or agent of Contractor shall be or shall be 27 deemed to be an employee or agent or the County. Except as expressly provided herein, Contractor shall 28 have the exclusive control over the manner and means of providing the Solid Waste Handling Services as -14-
Exhibit C1 authorized herein and all persons performing such services. Contractor shall be solely responsible to the 2 County for the acts and omissions of its officers, employees, subcontractors, and agents. Neither 3 Contractor nor any of its officers, employees, subcontractors, and agents shall obtain any rights to 4 retirement benefits, workers' compensation benefits, or any other benefits which accrue to County 5 employees by virtue of their employment with the County. Neither Contactor nor any of its employees shall 6 provide, directly or indirectly, any gifts or gratuities to any County employee or representative. 7 X. HOLD HARMLESS 8 Contractor agrees to indemnify, save and hold harmless, and at County's request, defend County, its 9 officers, agents, and employees from any and all costs and expenses including attorney fees and litigation 10 costs, damages, liabilities, claims and losses which shall be caused by or may arise from the exercise by 11 Contractor of any rights herein granted, and from all costs and expenses, attorney fees, claims, demands 12 and causes of action that may be incurred by or brought against County, its successors or assignees, 13 caused by, arising out of, or in any way connected with the exercise by Contractor of any rights herein 14 granted. 15 XI. INSURANCE 16 Without limiting the County's right to obtain indemnification from Contractor or any third parties, Contractor, 17 at its sole expense, shall procure and maintain in full force the following insurance policies throughout the 18 term of this Agreement: 19 A. Commercial General Liability Commercial General Liability Insurance with limits of not less than One 20 Million Dollars ($1,000,000.00) per occurrence and an annual aggregate of Two Million Dollars 21 ($2,000,000.00). This policy shall be issued on a per occurrence basis. County may require specific 22 coverage including completed operations, products liability, contractual liability, Explosion-Collapse-23 Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of 24 this contract. 25 8. Automobile Liability Comprehensive Automobile Liability Insurance with limits for bodily injury of not 26 less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand Dollars 27 ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00), 28 or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00). Coverage -15-
Exhibit C1 should include owned and non-owned vehicles used in connection with this Agreement. 2 C. Worker's Compensation A policy of Worker's Compensation insurance as may be required by the 3 California Labor Code. 4 Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of 5 Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only 6 insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall 7 apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, 8 agents and employees shall be excess only and not contributing with insurance provided under 9 Contractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty 1 0 (30) days advance written notice given to County. 11 Within ten (10) days from the date Contractor executes this Agreement, Contractor shall provide certificates 12 of insurance and endorsements as stated above for all of the foregoing policies, as required herein, to the 13 County of Fresno, Department of Public Works and Planning, Attn: Deputy Director of Resources and 14 Administration -NEWHA, 2220 Tulare Street, 6th Floor, Fresno, CA 93721-2120, stating that all such 15 insurance policies have been obtained and the coverage provided thereunder is in full force; that the 16 County of Fresno, its officers, agents and employees will not be responsible for any premiums on the 17 policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents, 18 and employees, individually and collectively, as additional insured, but only insofar as the operations under 19 this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and 20 any other insurance, or self-insurance maintained by County, its officers, agents and employees shall be 21 excess only and not contributing with insurance provided under Contractor's policies herein; and that this 22 insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice 23 given to County. 24 In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County 25 may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence 26 of such event. All policies shall be with admitted insurers licensed to do business in the State of California. 27 Insurance purchased shall be purchased from companies possessing a current AM. Best, Inc. rating of A 28 FSC VIII or better. -16-
Exhibit C1 2 The waiver by County of any violation by Contractor of any provision of this Agreement shall not 3 be deemed to be a waiver of any violation of any other provision, nor of any subsequent violation 4 of the same or any other provision. The subsequent acceptance by County of any monies that 5 become due hereunder shall not be deemed to be a waiver of any preexisting or concurrent 6 violation by Contractor of any provision of this Agreement. 7 XIII. NOTICES 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Notices from Contractor to the County relating to this Agreement shall be sent to the County of Fresno, Department of Public Works and Planning, Attn: Deputy Director of Resources and Administration -NEWHA, 2220 Tulare Street, 6th Floor, Fresno; CA 93721-2120. Contractor's contact person to whom notices from the County relating to this Agreement are requested to be sent, together with Contractor's legal status (e.g., corporation, partnership. sole proprietorship, etc.), and Contractor's principal place of business, are all listed in Addendum "1" to this Agreement, which is attached hereto and incorporated by this reference as though fully set forth herein. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date set forth above. COUNTY OF FRESNO Department of Public Works and Planning 23 (:)~,) I\. L \\... 24 25 26 27 28 Print (or type) Title FOR ACCOUNTING USE ONLY: ORG: 9015 FUND: 0701 SUBCLASS: 15002 ACCOUNT: 1450 9015 0701 15003 1450 9015 0701 15001 5800 -17-9020 0720 15000 5800
Exhibit CADDENDUM 1 CONTRACTOR'S FIRM NAME AND LEGAL STATUS NOTE: If Contractor is a corporation, the legal name of the corporation shall be set forth above together with the name and signature of the officer or officers authorized to sign contracts on behalf of the corporation; if Contractor is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if Contractor is an individual, his or her signature shall be placed above, together with a copy of any fictitious business name statement pursuant to which the Contractor conducts its business. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a Power of Attorney must be submitted by Contractor together with the original of this Agreement executed on behalf of such Contractor; otherwise, the proposed Agreement will be disregarded as irregular and unauthorized, and will not be approved by the County. Zip Code MAILING ADDRESS: Zip Code BUSINESS PHONE: '-"---'-..,...t-""fFAX NUMBER: <~-~>----NOTICES The name (and address, if different than that listed above as Contractor's principal place of business) of the individual designated as Contractor's contact person, to whom notices from the County relating to this Agreement are requested to be sent, is as follows: · · 18
Exhibit C->.
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CONTRACTOR NAME:
YEAR:
PLEASE IDENTIFY WHICH QUARTER THIS REPORT IS APPLICABLE TO:
TONNAGE BY MATERIAL TYPE ‐ Quarter Summary
SOLID WASTE RECYCLABLES ORGANICS C&D
TONNAGE BY MATERIAL TYPE ‐ Month 1
SOLID WASTE RECYCLABLES ORGANICS C&D
TONNAGE BY MATERIAL TYPE ‐ Month 2
SOLID WASTE RECYCLABLES ORGANICS C&D
TONNAGE BY MATERIAL TYPE ‐ Month 3
SOLID WASTE RECYCLABLES ORGANICS C&D
DIVERTED TONNAGE (RECYCLED)
DISPOSED TONNAGE (LANDFILL)
DIVERSION PERCENTAGE
TOTAL TONNAGE COLLECTED
DIVERTED TONNAGE (RECYCLED)
DISPOSED TONNAGE (LANDFILL)
DIVERSION PERCENTAGE
TOTAL TONNAGE COLLECTED
DISPOSED TONNAGE (LANDFILL)
DIVERSION PERCENTAGE
PAYMENT SUMMARY
TOTAL TONNAGE COLLECTED
DIVERTED TONNAGE (RECYCLED)
SOUTHEAST REGIONAL TONNAGE
TONNAGE SUMMARY (ALL MATERIALS)
SOLID WASTE MANAGEMENT SURCHARGE DUE ($3.41 per ton)
SERVICE FEE DUE (10% of total revenues)
GROSS REVENUES
SOUTHEAST REGIONAL AREA SURCHARGE DUE ($3.50 per ton)
DIVERSION PERCENTAGE
TOTAL TONNAGE COLLECTED
DIVERTED TONNAGE (RECYCLED)
DISPOSED TONNAGE (LANDFILL)
DIVERSION PERCENTAGE
TOTAL PAYMENT DUE THIS QUARTER
PLEASE INDICATE THE NUMBER OF CUSTOMERS SERVED DURING THIS QUARTER (COUNT ENTRIES ON LOG)
TOTAL TONNAGE COLLECTED
DIVERTED TONNAGE (RECYCLED)
DISPOSED TONNAGE (LANDFILL)
NON‐EXCLUSIVE WASTE HAULING AGREEMENT PROGRAM
QUARTERLY REPORT
PLEASE INDICATE ANY AND ALL OWNERS, OFFICERS, AND MEMBERS OF YOUR COMPANY'S BOARD OF DIRECTORS (THIS INFORMATION IS ONLY REQUIRED
DURING THE FIRST QUARTERLY REPORT OF EACH YEAR, OR IF THERE IS A CHANGE TO THE INFORMATION):
TITLE (OFFICER, BOARD MEMBER)NAME
QUARTER 1 (JANUARY 1 - MARCH 31)QUARTER 2 (APRIL 1 - JUNE 30)
QUARTER 3 (JULY 1 - SEPTEMBER 30)QUARTER 4 (OCTOBER 1 - DECEMBER 31)
Exhibit D
• • • •
CONTRACTOR NAME:
YEAR:
PLEASE IDENTIFY WHICH QUARTER THIS REPORT IS APPLICABLE TO:
Account Types Waste Types Destination Acronyms Fees
Res = Residential Solid Waste (MSW)AADS = American Avenue Disposal Site JATS = Jefferson Avenue Transfer Station $3.50 Per SER ton disposed
Comm = Commercial Recyclables RRTS = Rice Road Transfer Station AC = Allan Company $3.41 Per MSW ton disposed
HEC = Homeless Encampment Cleanup Organics PDTS = Pena's Disposal Transfer Station WCW = West Coast Waste
N‐ESAP = non‐ESAP C&D CARTS = Cedar Avene Recycling and Transfer Station Kroeker = Kroeker, Inc.
MVDTS = Mid Valley Disposal Transfer Station ‐ various OOCF = Other Out of County Facility
INSTRUCTIONS:
Account Name Account
Type Waste Type Origin (City or Unincorporated
Fresno County)Volume Unit (CY or Gal) Collected Tons Diverted Tons Disposed Tons Disposal Destination Revenue SER Fee
Solid Waste
Management
Fee
Total
In the table below, please identify the information requested for each active acccount. Because the Non‐Exclusive Waste Hauler Agreement Program applies only to unincorporated Fresno County, please include summaries per account of only those transactions
within the unincorporated areas of the County. Each combination of Account Type, Waste Type, Origin, and Destination must be listed on a separate line. Do not list customers within Fresno County incorporated cities, or customers not within Fresno County.
Notes:
1) Fees are applicable to all tonnage collected within unincorporated Fresno County, regardless of waste's destination facility.
2) Refer to map in Exhibit A of NEWHA Agreement to determine if Origin is in SER or non‐SER area of Unincorporated Fresno County.
3) C&D: See separate C&D form for additional required information.
NON‐EXCLUSIVE WASTE HAULING AGREEMENT PROGRAM
WASTE HAULING QUARTERLY REPORT
Non-Exclusive Waste Haulers Agreement Reporting Template (Quarterly Report)
MONTH 1
QUARTER 1 (JANUARY 1 - MARCH 31)QUARTER 2 (APRIL 1 - JUNE 30)
QUARTER 3 (JULY 1 - SEPTEMBER 30)QUARTER 4 (OCTOBER 1 - DECEMBER 31)
Exhibit D
• •
CONTRACTOR NAME:
YEAR:
PLEASE IDENTIFY WHICH QUARTER THIS REPORT IS APPLICABLE TO:
Account Types Waste Types Destination Acronyms Fees
Res = Residential Solid Waste (MSW)AADS = American Avenue Disposal Site JATS = Jefferson Avenue Transfer Station $3.50 Per SER ton disposed
Comm = Commercial Recyclables RRTS = Rice Road Transfer Station AC = Allan Company $3.41 Per MSW ton disposed
HEC = Homeless Encampment Cleanup Organics PDTS = Pena's Disposal Transfer Station WCW = West Coast Waste
N‐ESAP = non‐ESAP C&D CARTS = Cedar Avene Recycling and Transfer Station Kroeker = Kroeker, Inc.
MVDTS = Mid Valley Disposal Transfer Station ‐ various OOCF = Other Out of County Facility
INSTRUCTIONS:
Account Name Account
Type Waste Type Origin (City or Unincorporated
Fresno County)Volume Unit (CY or Gal) Collected Tons Diverted Tons Disposed Tons Disposal Destination Revenue SER Fee
Solid Waste
Management
Fee
Total
In the table below, please identify the information requested for each active acccount. Because the Non‐Exclusive Waste Hauler Agreement Program applies only to unincorporated Fresno County, please include summaries per account of only those transactions
within the unincorporated areas of the County. Each combination of Account Type, Waste Type, Origin, and Destination must be listed on a separate line. Do not list customers within Fresno County incorporated cities, or customers not within Fresno County.
Notes:
1) Fees are applicable to all tonnage collected within unincorporated Fresno County, regardless of waste's destination facility.
2) Refer to map in Exhibit A of NEWHA Agreement to determine if Origin is in SER or non‐SER area of Unincorporated Fresno County.
3) C&D: See separate C&D form for additional required information.
NON‐EXCLUSIVE WASTE HAULING AGREEMENT PROGRAM
WASTE HAULING QUARTERLY REPORT
Non-Exclusive Waste Haulers Agreement Reporting Template (Quarterly Report)
MONTH 2
QUARTER 1 (JANUARY 1 - MARCH 31)QUARTER 2 (APRIL 1 - JUNE 30)
QUARTER 3 (JULY 1 - SEPTEMBER 30)QUARTER 4 (OCTOBER 1 - DECEMBER 31)
Exhibit D
• •
CONTRACTOR NAME:
YEAR:
PLEASE IDENTIFY WHICH QUARTER THIS REPORT IS APPLICABLE TO:
Account Types Waste Types Destination Acronyms Fees
Res = Residential Solid Waste (MSW)AADS = American Avenue Disposal Site JATS = Jefferson Avenue Transfer Station $3.50 Per SER ton disposed
Comm = Commercial Recyclables RRTS = Rice Road Transfer Station AC = Allan Company $3.41 Per MSW ton disposed
HEC = Homeless Encampment Cleanup Organics PDTS = Pena's Disposal Transfer Station WCW = West Coast Waste
N‐ESAP = non‐ESAP C&D CARTS = Cedar Avene Recycling and Transfer Station Kroeker = Kroeker, Inc.
MVDTS = Mid Valley Disposal Transfer Station ‐ various OOCF = Other Out of County Facility
INSTRUCTIONS:
Account Name Account
Type Waste Type Origin (City or Unincorporated
Fresno County)Volume Unit (CY or Gal) Collected Tons Diverted Tons Disposed Tons Disposal Destination Revenue SER Fee
Solid Waste
Management
Fee
Total
In the table below, please identify the information requested for each active acccount. Because the Non‐Exclusive Waste Hauler Agreement Program applies only to unincorporated Fresno County, please include summaries per account of only those transactions
within the unincorporated areas of the County. Each combination of Account Type, Waste Type, Origin, and Destination must be listed on a separate line. Do not list customers within Fresno County incorporated cities, or customers not within Fresno County.
Notes:
1) Fees are applicable to all tonnage collected within unincorporated Fresno County, regardless of waste's destination facility.
2) Refer to map in Exhibit A of NEWHA Agreement to determine if Origin is in SER or non‐SER area of Unincorporated Fresno County.
3) C&D: See separate C&D form for additional required information.
NON‐EXCLUSIVE WASTE HAULING AGREEMENT PROGRAM
WASTE HAULING QUARTERLY REPORT
Non-Exclusive Waste Haulers Agreement Reporting Template (Quarterly Report)
MONTH 3
QUARTER 1 (JANUARY 1 - MARCH 31)QUARTER 2 (APRIL 1 - JUNE 30)
QUARTER 3 (JULY 1 - SEPTEMBER 30)QUARTER 4 (OCTOBER 1 - DECEMBER 31)
Exhibit D
• •
CONTRACTOR NAME:
YEAR:
PLEASE IDENTIFY WHICH QUARTER THIS REPORT IS APPLICABLE TO:
INSTRUCTIONS:
Account Name Account
Type Service Address Account Contact Service Level
AB 341
Applicable?
AB 341
Compliant?
AB 1826
Applicable?
AB 1826
Compliant?
Tonnage of
Organics
Diverted
What activities have been completed to provide information
informing Account of obligations? (Monitoring, Outreach)
Include any challenges encountered.
Total
In the table below, please identify all AB 341/AB 1826 Applicable Customer Counts. Include State agencies, schools, and County facilities. Service Level should include bin/cart size and collection frequency, which can be detailed in a separate
attachment. Additional attachments may also be used to provide lists of monitoring and outreach activities and challenges encountered.
NON‐EXCLUSIVE WASTE HAULING AGREEMENT PROGRAM
WASTE HAULING QUARTERLY REPORT
Non-Exclusive Waste Haulers Agreement AB 341/1826 Reporting Template (Quarterly Report)
QUARTER 1 (JANUARY 1 - MARCH 31)QUARTER 2 (APRIL 1 - JUNE 30)QUARTER 3 (JULY 1 - SEPTEMBER 30)QUARTER 4 (OCTOBER 1 - DECEMBER 31)
Exhibit D
• • • •
CONTRACTOR NAME:
YEAR:
PLEASE IDENTIFY WHICH QUARTER THIS REPORT IS APPLICABLE TO:
INSTRUCTIONS:
Account Name Permit Number Site Name (As Permitted) Site Address
Tonnage
Hauled Date Hauled Destination Facility
Total
In the table below, please provide detailed breakdown of tonnage generated from construction and demolition permitted sites, noting the permit number, the site address, the
tonnage hauled, the date hauled, and the facilities to which the material was hauled.
Non-Exclusive Waste Haulers Agreement C&D Reporting Template (Quarterly Report)
NON‐EXCLUSIVE WASTE HAULING AGREEMENT PROGRAM
WASTE HAULING QUARTERLY REPORT
QUARTER 1 (JANUARY 1 - MARCH 31)QUARTER 2 (APRIL 1 - JUNE 30)QUARTER 3 (JULY 1 - SEPTEMBER 30)QUARTER 4 (OCTOBER 1 - DECEMBER 31)
Exhibit D
• • • •
Mid Valley Disposal
Description UOM Unit Cost
Public Works Roads Area 3
30 Yard Roll Off:
Haul Charge Each $180.00
Tonnage Fee Ton $45.00
96 Gallon Recycle Cart Monthly $15.00
Public Works Roads Area 5
30 Yard Roll Off:
Haul Charge Each $165.00
Tonnage Fee Ton $45.00
96 Gallon Recycle Cart Monthly $15.00
Public Works Roads Area 7
25 Yard Roll Off:
Haul Charge Each $145.00
Tonnage Fee Ton $45.00
96 Gallon Recycle Cart Monthly $15.00
Public Works Roads Area 8
25 Yard Roll Off:
Haul Charge Each $155.00
Tonnage Fee Ton $45.00
96 Gallon Recycle Cart Monthly $15.00
Public Works Roads Area 9
25 Yard Roll Off:
Haul Charge Each $160.00
Tonnage Fee Ton $45.00
96 Gallon Recycle Cart Monthly $15.00
Sheriff-Coroner's Office
40 Yard Roll Off:
Haul Charge Each $135.00
Tonnage Fee Ton $45.00
14 Yard Roll Off:
Haul Charge Each $140.00
Tonnage Fee Ton $30.00
14 Yard Roll Off:
Haul Charge Each $140.00
Tonnage Fee Ton $30.00
Sheriff-Coroner's Office Central Kitchen
30 Yard Roll Off:
Haul Charge Each $140.00
Tonnage Fee Ton $30.00
4 Yard Organic Bin (2 bins x 5 pick-up per week)Monthly $495.53
ISD - Plaza Building
25 Yard Compactor - Recycle:
Haul Charge Each $145.00
Tonnage Fee Ton $0.00
6 Yard Solid Waste Bin Monthly $190.28
NOTES: Unless noted, 10 yard bins or more, totals based on 1 pick-up per month and 1 ton of waste per month.
Exhibit E
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as “County”), members
of a contractor’s board of directors (hereinafter referred to as “County Contractor”), must disclose any
self-dealing transactions that they are a party to while providing goods, performing services, or both
for the County. A self-dealing transaction is defined below:
“A self-dealing transaction means a transaction to which the corporation is a party and in which one or
more of its directors has a material financial interest”
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1)Enter board member’s name, job title (if applicable), and date this disclosure is being made.
(2)Enter the board member’s company/agency name and address.
(3)Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a.The name of the agency/company with which the corporation has the transaction; and
b.The nature of the material financial interest in the Corporation’s transaction that the
board member has.
(4)Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5)Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
Exihibit F
(1) Company Board Member Information:
Name: Date:
Job
Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to):
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations
Code 5233 (a):
(5) Authorized Signature
Signature: Date:
Exihibit F
I I