COUNTY OF SANTA CLARA, CALIFORNIA

GARBAGE, RECYCLABLES AND COMPOSTABLES

COLLECTION FROM COUNTY FACILITIES

REQUEST FOR PROPOSAL # B2595

Issued August 28, 2002

PROPOSALS DUE:

3:00 p.m.

October 10, 2002

In the

Procurement Department

333 W. Julian Street

Fourth Floor

San Jose, CA 95110

BUYER:

Cheri’ J. Barkley

(408) 491-7413

MANDATORY PRE-PROPOSAL CONFERENCE

Date: September 12, 2002

Time: 10:00 AM to 11:00 AM

Location: 701 Miller Street, San Jose, CA 95110

COUNTY OF SANTA CLARA

GARBAGE, RECYCLABLES AND COMPOSTABLES

COLLECTION FROM COUNTY FACILITIES

TABLE OF CONTENTS

SectionSection TitlePage (s)

Section 1Invitation 2

Section 2Instructions for Preparation of Proposal3

Section 3 Contractual Obligations6

Section 4Scope of Work 14

Attachments:Santa Clara County Procurement Standard Instructions and

Conditions

Appendix A – Proposer Information

Appendix B – Process Integrity Guidelines

Appendix C – Indemnification and Insurance

Appendix D - Holidays

Exhibit A – Proposal Cost Forms

Exhibit B – Proposers Description of Proposed Services

Exhibit C – Employee Work Environment Questionnaire

Exhibit R – Customer References

Exhibit T – Non-Collusion Declaration

Attachment A – Current Waste Collection Service Levels

Attachment B – Instructions for Completing the Proposal Cost Forms

REQUEST FOR PROPOSALS

SECTION 1: INVITATION

This Request for Proposals (RFP) solicits Proposals from qualified waste management companies for garbage, recyclables and compostables collection services from County facilities in San Jose and Milpitas.

SECTION 2: INSTRUCTIONS FOR PREPARATION OF PROPOSAL

1.Preparation of Proposal – Proposer shall submit the completed response to the RFP with appropriate attachments or explanatory materials. Proposers must submit their Proposal on the County’s Proposal forms. All written materials shall be identified with the Proposer’s name, proposal number and reference page number. No verbal, telegraph, telephone, facsimile or electronic responses will be accepted. All cost for the preparation of the Proposal shall be borne by the Proposer.

Direct all questions regarding this Request for Proposals to the Procurement Department Buyer, Cheri’ J. Barkley, 408-491-7413.

  1. Proposal Documents – The following, in addition to this RFP, constitute the Proposal documents and are the instructions and conditions that pertain to the proposed transaction:
  1. Santa Clara County Procurement Department Standard Instructions and Conditions
  2. Appendix A – Proposer Information
  3. Appendix B – Process Integrity Guidelines
  4. Appendix C - Insurance
  5. Appendix D - Holidays
  6. Exhibit A– Proposal Cost Forms
  7. Exhibit B – Proposer’s Description of Proposed Services
  8. Exhibit C – Employee Work Environment Questionnaire
  9. Exhibit R – Customer References
  10. Exhibit T – Non-Collusion Declaration
  11. Attachment A – Current Waste Collection Service Levels

12. Attachment B – Instructions for Completing the Proposal Cost Forms

3.Proposal Process Schedule – The following is an anticipated proposal and engagement schedule. The County may change the estimated dates and process as deemed necessary.

Request for Proposal issue dateAugust 28, 2002

Mandatory Pre-Proposal conference September 12, 2002

Last Date to submit written or faxed questionsOctober 1, 2002

Proposal due date October 10, 2002

Interview Proposers by October 31, 2002

Negotiations CompleteNovember 15, 2002

Completed Collection – Signed Service AgreementNovember 27, 2002

Transition to new vendor byJanuary 31, 2003

Service BeginsFebruary 1, 2003

4.Submission of Response to RFP – Proposer shall submit the following:

  1. Original and six (6) two-sided copies of completed Proposal including this completed document.
  2. All Proposals must be typed or computer generated on standard 8 ½ x 11 inch plain white, recycled content paper and include a “Table of Contents”.
  3. Type font must be 10 point or higher.
  4. Submit the original response, with signatures of officers indicating concurrence with all aspects of the response.
  5. All sections must be clearly identified in the Proposal.
  6. Pages must be numbered consecutively.
  7. Copies of Proposal must be assembled separately and individually fastened in the upper left corner.
  8. Use of the U.S. Mail or facsimile is at the Vendor’s own risk. Late Proposals will not be considered unless the County determines that late receipt was due to mishandling by County staff after receipt at the address provided.
  9. Oversized documents may be submitted, but they must be folded to size and secured in the Proposal. All pages must be numbered consecutively and sections clearly identified. Proposals must be delivered in a sealed envelope or box.
  10. All Proposal material packages will be time/date stamped and logged as received by the County upon receipt.
  11. Any additional information not included in this RFP which the County finds necessary and relevant to responding to this RFP will be submitted to all vendors in an Addendum form.
  12. The time of receipt that is logged in or time/date stamped is the only evidence used to establish whether a Proposal has been received on time.
  13. Description of Qualifications of Proposer
  1. Proposer Information Form (Appendix A)
  2. Relevant Experience
  1. Cost Proposal Forms 1-3 (Exhibit A)
  2. Description of Proposed Services (Exhibit B)
  1. Proposal Summary – A brief overview of the Proposal (no more than two pages)
  2. Garbage Collection and Disposal
  3. Recyclables Collection and Processing
  4. Compostables Collection and Processing
  5. Transition Plan
  6. Customer Service
  7. Other Services
  8. Exceptions to RFP (being requested by Proposer)
  1. Employee Work Environment Questionnaire (Exhibit C)
  2. Process Integrity Guidelines (Appendix B)
  3. Non-Collusion Declaration (Exhibit T)
  4. Reference List (Exhibit R)

Apparent successful Proposer shall provide the following within ten (10) days of request by County to the Procurement Department:

  • Insurance Certificate: See Appendix C

Responses to the Request for Proposals shall be delivered in a sealed envelope or box clearly marked with the applicable RFP #B2595 addressed to:

Santa Clara County

Procurement Department

333 W. Julian Street

Fourth Floor

San Jose, CA 95110

  1. RFP Questions and Pre-Proposal Conference – The purpose of the pre-Proposal conference is for all interested Proposers to ask questions regarding this Request For Proposals. Any questions that you have regarding this RFP may be submitted via e-mail to at the Santa Clara County Procurement Department by 5:00 PM on October 1, 2002. Any questions that you have after the pre-Proposal conference must be submitted via email. The County and Procurement Department make no guarantee that any questions submitted after the pre-Proposal conference will be answered prior to the proposal closing date. If the County determines there are any material changes, an addendum may be issued.

Date: Thursday September 12, 2002

Time: 10:00 AM to 11:00 AM

Location: Santa Clara County

GSA Administration

701 Miller Street

San Jose, CA 95110

6.Late Responses - Proposers shall be responsible for the timely delivery of information. Responses received after the deadline for receipt of Proposals shall not be accepted.

7.No Public Opening of Proposals – There will be no public opening for this Request for Proposals. If the County awards a contract, after such award all Proposals received will be available for review.

8.Acceptance of Proposal - Proposals are subject to acceptance at any time within ninety (90) days after closing date.

9.Non-Collusion Certification – Proposer shall execute a non-collusion declaration on the form furnished by the County as Exhibit T to this RFP.

10.Proposal Evaluation Criteria – The Evaluation Committee reviewing the submitted proposals is comprised of County staff. Evaluation Criteria include, but are not limited to, the following:

  1. Cost of Service (50%)

Proposed cost of service to County in comparison with costs of services for other proposals.

2.Proposed Services and Diversion Potential (30%)

Evaluation of proposal's ability to enable the County to reduce wastes going to landfill.

3. Experience and References (10%)

Demonstrated ability to provide high quality services and responses from References.

4.Employment History (10%)

Proposer’s history as an employer and working conditions commitment.

11.Reservations – The County reserves the right to cancel or postpone the date and time announced for receipt of Proposals by issuance of an Addendum at any time prior to the deadline for receipt of responses to the RFP.

12.Notification of Withdrawals of Proposals – Proposals may be modified or withdrawn prior to the date and time specified for proposal submission by an authorized representative of the Proposer by formal written notice. Proposals that are submitted after the Proposal closing date will become the property of the County of Santa Clara.

13.Contract Award – The County intends to award a contract to the Proposer whose proposal best meets the need of the County of Santa Clara based upon compliance with the Proposal documents or other factors deemed to be in the best interest of the County of Santa Clara and shall not be confined to price alone.

SECTION 3: CONTRACTUAL OBLIGATIONS

The following provisions are expected to form the Agreement between the County and the successful Proposer for garbage, recyclables and compostables collection services. Proposers should identify in their Proposal any terms or provisions of this section that they would want changed in the actual Agreement.

1. Term of Agreement - The term of the Agreement for garbage, recyclables and compostables collection services shall be from February 1, 2003 through January 31, 2006. The County may notify Contractor of its desire to extend this Agreement, on the same terms, for one or more one-year terms, not to exceed two additional years total. County shall notify Contractor of its desire to extend this Agreement by July 1, 2005. Contractor must respond to this request within sixty (60) days of said notification or the request may be withdrawn. Extension of the Agreement shall not include a change in rate basis, but Contractor’s service rates will be adjusted as described in Item 6 of the Agreement.

2. Services -Contractor shall perform services requested in the County’s RFP and described in Contractor’s Proposal, attached to this Agreement as Exhibit B. Contractor shall separately collect mixed recyclables, compostables and garbage. Contractor shall not commingle in any load any recyclable or compostable materials with garbage, without prior written consent of the County’s Contract Manager. Collection services shall be made as scheduled, except on January 1, Thanksgiving Day, and December 25, which are designated as holidays.

Recyclable materials are those listed by Contractor as designated in Figure 4-1 of the Scope of Services and attached to this Agreement as Exhibit B, Materials to be Collected for Recycling. Compostable materials are those listed by Contractor as designated in Figure 4-2 of the Scope of Services and attached to this Agreement as Exhibit B, Materials to be Collected for Composting. Garbage is any material destined for landfill disposal without first being processed to recover recyclable and compostable materials.

The County may increase or decrease service at any existing service location at any time, without penalty. County shall request all changes in writing. Contractor shall have not more than seven (7) calendar days from receipt of the written notice to implement the requested changes. Costs of service will be prorated, based on contract rates, for the services provided. The seven-day notice provision does not apply to County’s requests for special pick-ups or emergency services at any County facility.

The County’s Contract Manager shall be the GSA Administration Solid Waste Contract Manager, or his/her designee. The Contract Manager is the only person authorized to make changes in service, schedule, location of containers, or on-call container collection. The County is not obligated to pay Contractor for services provided without authorization of the Contract Manager.

The title to all collected materials passes to Contractor when the materials are loaded into Contractor’s vehicle.

3. Additional Requirements - Contractor shall comply with each of the following requirements:

1) Performance: The collection and removal of said garbage, recyclable and compostable materials by Contractor shall at all times during the term of this Agreement be performed to the reasonable satisfaction of the County Contract Manager.

The Contract Manager shall have the right to issue orders, directions and instructions to Contractor with respect to the collection and removal of garbage, recyclable and compostable materials, the performance of Contractor's services hereunder, and Contractor's compliance with the provisions of County ordinances and resolutions as they now exist or may from time to time be amended.

Contractor agrees to comply therewith, provided, however, that such orders, directions and

instructions of the County Contract Manager shall be reasonably related to carrying out the

purposes and intent of this Agreement. Said collection and removal of garbage, recyclable and compostable materials, shall be done in a prompt, thorough, lawful and workmanlike manner.

2)Service: Contractor shall maintain office hours from 8:00 a.m. to 4:30 p.m. daily, except Saturdays, Sundays, and holidays (specified in Appendix D of this RFP). A representative of Contractor shall be available during office hours.

Contractor shall maintain a local (non-toll) telephone number for use by County staff during normaloffice hours. Contractor shall have a representative, or an answering service, to respond to County inquiries during normal office hours. Contractor shall maintain an emergency telephone number during all hours, and have a representative available to respond to emergency calls. Said emergency telephone number shall be made available to the County Contract Manager, and emergency services providers, such as the Sheriff and Fire Department.

All regularly scheduled collections must be completed on the scheduled day unless agreed to by the County’s Contract Manager. All on-call collections must be completed within 24 hours (or 48 hours if Sunday is included) of the request, unless agreed to in advance by the County’s Contract Manager. Emergency collections may be required. Emergency service must be provided within a two (2) hour response time.

If Contractor is not able to service a container because it is not accessible to the collection vehicle on the scheduled day, Contractor shall contact the individual identified as the location contact to arrange to have the obstruction cleared. Contractor shall return to service the container not less than 30 minutes, or more than 90 minutes, from notification of the location contact, unless additional time is allowed by the Contract Manager at the Contractor’s request.

Access to individual containers may not be available on County Holidays. If Contractor cannot service a bin on a County Holiday, service shall be provided the following working day. A list of County Holidays is provided as Appendix D.

Contractor is responsible for the cleanup of all litter and fluid spills from Contractor’s equipment. The clean up of all incidents involving the accidental or intentional release of hazardous materials (e.g., hydraulic fluid, fuel, etc.), from Contractor’s vehicles will be the responsibility of the Contractor. All materials must be cleaned up in a manner and time acceptable to the County (i.e., completely and immediately to prevent potential as well as actual environmental damage). Contractor mustimmediately report each incident to the County’s Contract Manager.

3)Missed Pickups: Contractor shall, within twenty-four (24) hours, after request, collect and remove any and all missed pickups which Contractor failed to collect and remove as required at the regularly scheduled time.

4)Collection Information: Contractor shall keep records of all garbage, recyclable and compostable materials collected and removed under this Agreement, and shall maintain these records separately from Contractor’s other operations. Contractor shall provide County with monthly summaries of collection operations from County facilities, including amounts of garbage, recyclable and compostable materials collected.

4. Prevailing Wage Requirements - It is County policy that the waste management service provider pay prevailing wage to their collection employees for services provided under this Agreement.

1)Wage shall be considered a prevailing wage if:

a)Wage is negotiated under a collective bargaining Agreement with a recognized union representing the Integrated Waste Management collection employees; OR

b)Workers are paid not less than the general prevailing rate of per diem wages and benefits for work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work in said locality. A copy of prevailing wage information shall be on file at the County’s Environmental Resources Agency, Integrated Waste Management Program, where it shall be available to any interested party on request.

2)County may audit annually, or more often as may be deemed necessary, to determine compliance with this Agreement.

3)As directed by County, Contractor shall provide sufficient wage and benefit information to County or County’s designee to enable County to determine compliance with this Agreement. Contractor shall notify County of any changes in wages and benefits within 30 days of the effective date of such changes.

4)If Contractor is in noncompliance with the requirements of this Agreement:

a)Contractor shall pay, as liquidated damages to County, twenty-five dollars ($25.00) per collection day or portion thereof for each Integrated Waste Management collection employee assigned to perform services under this Agreement, liquidated damages shall be assessed for the period for which compliance requirements have not been met and shall be remitted to County within 60 days of demand;

b)Contractor shall pay full restitution to employees for payroll periods in which wages and benefitsare in noncompliance with this Agreement; and

c)Failure to bring wages and benefits into compliance with this Agreement within thirty (30) days shall be grounds for termination of this Agreement under the provisions of Item 15 of this Agreement. Termination of this Agreement does not extinguish any liquidated damages or restitution payments due pursuant to this Agreement.

5. Service Rates - The prices set forth in the Cost of Service Forms 1, 2 and 3 of the Proposal, and attached to the Agreement as Exhibit A, shall be firm for the first three years of service. Should the Agreement be extended as specified in Item 1, Contractor's rates shall be adjusted as specified in Item 6 of the Agreement.

6. Rate Adjustments - Contractor's rates, as set forth in the Cost of Service Forms 1, 2 and 3 of their Proposal, shall not be adjusted during the three-year term of the Agreement.

Should the Agreement be extended as specified in Item 1, Term of Agreement, the Contractor's rates, as set forth in the Cost of Service Forms 1, 2 and 3 of their Proposal, shall be adjusted on February 1, 2006. Each Service Rate will be adjusted on the basis of one hundred percent (100%) of the net percentage change (increase or decrease) in the Consumer Price Index (CPI), all Urban Consumers (all items) for the San Francisco/ Oakland/San Jose Metropolitan Area, July 2004 to July 2005. The indices used shall be those published by the United States Department of Labor, Bureau of Labor Statistics. The indices shall be rounded to four (4) decimal places for the adjustment calculations.