8-Special Provisions.pdf

RFP 2000004128

SPECIAL PROVISIONS

1. SCOPE OF SERVICES:

The purpose of this Request for Proposal is to solicit sealed proposals to establish a contract or contracts through competitive negotiation for the provision of Collection and Disposal Services of Refuse and Recyclable Materials for Fairfax County Public Schools (FCPS), Fairfax County Government (FCG) including Fairfax County Park Authority (FCPA) (Collectively, “the Customer”).

The services will include:

1.1. Collection-Disposal-Processing (Required): Offerors must submit pricing for those services listed as “Required” on the Pricing Schedule (Attachment B). Required services will include collection and lawful disposal/processing of refuse, recycling, and, potentially, source-separated organic material. Required services also encompass the provision and maintenance of containers, and purchasing of Customer-owned containers. Pricing will be for specific container capacities, frequency of collection service and material collected as provided in Attachment A- Service Schedule.

a. Collection services will include servicing Roll-Off (ROF) compactors, open-top containers, Front-End-Loader (FEL) containers and, potentially, organic waste containers. Disposal and processing costs are to be included in the price for collection except in the case of roll-off compactors and open-top container loads. On-call bulk items collection service is also required.

b. Offeror must submit a price to collect source-separated food-waste and compostable material (hereinafter “organic material”). This service requires the use of wheeled 35 to 65-gallon food-waste containers with locking or latching lid or five-gallon (non-wheeled) containers intended for such material. The successful Offeror shall supply these containers. Services will be provided at selected County and FCPS locations.

Based on the number of locations to receive organic collection, Customer will consider a phased-in implementation of the service. Organic material will include fully biodegradable liners (Customer will provide BPI-certified, fully biodegradable liners and be responsible for placing all organic material into the provided containers).

c. Customer locations for service will be at the facilities of the Fairfax County Public

Schools (FCPS), Fairfax County Government (FCG), and the Fairfax County Park Authority (FCPA). The County includes multiple departments and agencies, e.g., Division of Vehicle Services (DVS), Fairfax County Department of Transportation (FDOT), Facilities Management (FMD), community centers, Department of Housing and Community Development (DHCD).

1.2. Containers-Compactors (Required): Unless otherwise specified, Offeror’s pricing for collection services must include the cost of providing all containers (FEL and ROF open-top), compactors, wheeled carts necessary for storage and collection of all refuse, recycling and organic materials. ROF open-top containers are to be of 30-40 cubic yard capacity unless agreed upon otherwise by the Customer, e.g., 20 yard open-top containers for construction & demolition debris (CDD).

1.3. Maintenance of Containers-Compactors (Required): Offeror’s pricing for collection service must include all costs associated with the proper maintenance, repair, and upkeep of all containers, compactors, and carts to ensure they remain in good working condition.

In the event the offeror utilizes Customer’s containers, compactors, and/or open-tops (as cited in 1.7 below) to carry out the services, the offeror must submit a plan and deadline to complete any needed repairs to these containers, compactors, open-tops.

1.4. Signage for Containers, Compactors and Open-tops (Required): Offeror must propose a plan, including a completion deadline, to affix required signage (required by

Chapter 109.1 of the county code:

https://library.municode.com/va/fairfax_county/codes/code_of_ordinances?nodeId=THC OCOFAVI1976_CH109.1SOWAMA ). Said signage will be that of the Contractor, to include Customer service information and trash/recycling designation. County signage must be removed or rendered not visible.

1.5. Customer Service Request & Communication (Required): The Offeror must have an efficient, measurable (trackable) process, with appropriate staffing, through which the Customer’s staff can contact them for service needs and inquiries related to recyclable materials. A dedicated email address for the Customer is preferred, and email shall be the primary method of communication. The Offeror must also provide a designated point-of-contact (specific personnel) for any issues that cannot be resolved via email.

1.6. Data Collection and Reporting (Required): Offeror must provide, on a monthly and annual basis, data on number of services by location, weight and volume (cubic yards) collected by location, numbers of extra services by location, number of and type of service disruptions by location, etc.

1.7. Purchase of Customer Containers, Compactors, Open-tops (Required): Offeror shall propose a plan to purchase all Customer FEL containers, ROF compactors and open-tops.

The plan may include an outright purchase option, qualifying the prices cited in the Pricing Schedule as contingent on Offeror taking immediate ownership of all containers, or other measurable options.

1.8. Weight by Location (Required): Offeror shall submit a proposal to weigh the contents of each FEL service and report those weights by month and year. The proposal must include the method by which the weight will be measured and the format in which it will be reported.

1.9. Recyclables Quality by Location (Optional): Offeror may submit a proposal to measure the quality of each recyclables collection service by location. The proposal must specify how the quality will be measured, and how said quality will be reported to the Customer.

1.10. Behavioral Change Improvement for Recycling & Diversion (Optional): Offeror may submit a proposal on how it would change the behavior/practices of Customer staff which both generate refuse & recyclables as well as Customer staff responsible to remove refuse and recyclables from Customer facilities to appropriate containers, compactors, and carts.

1.11. Carbon Footprint Reduction (Optional): Offeror may submit a proposal on how it would reduce the carbon footprint and emissions caused by diesel and gasoline powered vehicles utilized to perform the services. The proposal must be measurable and trackable and quantify the reduction of the fossil-fuel activities that were displaced by the proposal.

1.12. Service Efficiency Plan (Optional): Offeror may submit a proposal on how it would reduce the contracted refuse service levels and how it would be compensated for such service level changes it proposes and accepted by the Customer.

1.13. Sub-contracting Plan (Optional): Offeror may provide a plan to sub-contract a specific service or a percentage of services to small businesses engaged in similar activities or more specialized for a specific type of service. “Small business” shall be defined according to the county’s definition as follows: “Small Business/Organization means a business that is at least 51% independently owned and controlled by one or more individuals who are U.S. citizens or legal resident aliens, and together with affiliates, has 250 or fewer employees, or average annual gross receipts of $10 million or less averaged over the previous three years. One or more of these individual owners shall control both the management and daily business operations of the small business.”

https://library.municode.com/va/fairfax_county/codes/code_of_ordinances?nodeId=THCOCOFAVI1976_CH109.1SOWAMA https://library.municode.com/va/fairfax_county/codes/code_of_ordinances?nodeId=THCOCOFAVI1976_CH109.1SOWAMA

2. DEFINITIONS:

2.1. “Refuse” pertains to standard types of solid waste materials to include food waste and non-recyclable materials as defined in Chapter 109.1 of Fairfax County code:

https://www.fairfaxcounty.gov/publicworks/recycling-trash/chapter-1091-solid-waste-management

2.2. “Recycling” pertains to the process of separating a material from the waste stream with the intent of diverting it from disposal for reuse as defined in Chapter 109.1 of the Fairfax

County code.

2.3. “Recycling material” (hereafter “recyclables”) includes:

2.3.1. “Mixed-Recyclables”: designated recyclable materials that are mixed together for storage and collection via FEL containers and/or ROF compactors. These materials include:

a. Cardboard (OCC) and mixed paper,

b. Metal food & beverage cans (ferrous & non-ferrous),

c. Polyethylene Terephthalate (PET) #1 plastic,

d. High-Density Polyethylene (HDPE) #2 plastic (mixed & natural HDPE), including, but not limited to, food and beverage, containers, and playground equipment,

e. Polypropylene (PP) #5 food storage containers, bottles, cups, and disposable cups and plates.

2.3.2. “Single-sorted material” (stored in ROF containers/compactors):

a. Cardboard (OCC)

b. Sorted Office Paper (SOP)

c. Mixed Paper

d. Wood, e.g., pallets

e. Non-beverage glass, e.g., windshields, windowpanes

f. Metal* (scrap)

g. Styrofoam/Polystyrene (PS) #6, e.g., packing foam, packing peanuts.

h. Polyvinyl chloride (PVC) #3*, e.g., fencing, piping.

Destination for these materials will be determined by the Customer as markets are available.

2.3.3. Organic material (stored in non-leak, wheeled-carts, with tight seal, lid-locking lids):

a. Food waste and compostable fibers such as paper towels, napkins,

b. Compostable plates and cutlery made from plant-based materials. The

Customer will be responsible for ensuring that these materials meet the

Biodegradable Products Institute (BPI certification requirement.

3. BACKGROUND:

The Customer’s service locations include FCPS which is the largest school system and the third largest employer in the Commonwealth of Virginia as well as the 11th largest school district in the United States. The school system consists of approximately 220 schools and work sites serving almost 180,000 students in grades Kindergarten through 12th grade.

Fairfax County is the 7th wealthiest county in the United States by median income, with a population of approximately 1.2 million and land area of 390 square miles. It is governed by a ten-member elected Board of Supervisors (BOS) and is the largest county by population, in Virginia.

Trash disposal and recycling services at county-owned and county-managed facilities historically was handled by the Fairfax County Solid Waste Division of the Department of Public Works and Environmental Services (SWMP). In January 2024, responsibility for the provision of these services for approximately 220 facilities was transferred to a private contractor pursuant to an existing FCPS contract. As the primary caretaker of county properties, the Facilities Management Department (FMD) was selected as the lead agency for managing the contract.

FMD will be responsible for the submission of service requests and invoice payments for 175 facilities whose operations are funded by revenue from the County General Fund. These sites include fire stations, police stations, shelters, government centers, community centers, libraries, and most parks, as well as a few leased buildings.

Services and billing for the remaining 45 operations will be directly managed by the individual agencies in charge of facilities that are supported by special revenue funds. These agencies include, among others, Department of Vehicle Services (DVS), Department of Transportation (FDOT), Fairfax County Park Authority (as to Recreation Centers and golf clubs) and a few self-funded community centers (FCPA).

The inventory of containers for this RFP includes, approximately, 1 two-yard, 88 six-yard, and 436 eight-yard front-end loaders for refuse; 54 two-yard and 385 eight-yard front-end loaders for recycling; and 50 compactors, 19 thirty-yard roll-offs and 6 forty-yard roll-offs. Approximately 2,300 collections per week are provided for all the containers type combined.

4. MINIMUM QUALIFICATIONS:

Offerors must meet or exceed the following minimum qualifications at the time of submission for the proposal to be considered responsive. Offerors must address how they meet each qualification in Appendix C. These qualifications apply to Scope of Service sections 1.1 through 1.8. If Offerors also submit a proposal for any of the “Optional” services, they shall include the relevant information for those services as well.

4.1. The Offeror must have a minimum of five (5) years of experience providing collection and disposal services of refuse and recyclable materials. The experience must include collection and disposal services, vehicle and container maintenance, and Customer service.

4.2. The Offeror shall provide three (3) references for which Offeror provided collection and disposal services of refuse and recyclable materials via FEL and ROF systems within the last five (5) years. The services provided to these references shall be of a similar size and complexity (1,000 locations or more) to demonstrate the Offeror’s ability to provide services to FCPS, Fairfax County and FCPA.

4.3. The Offeror must provide documentation demonstrating access to a recycling facility with sufficient processing capacity to handle the volume of recyclable materials generated under this contract. This may include agreements with third-party facilities, proof of ownership or operation of a facility, or other verifiable documentation.

If an Offeror fails to respond to all the above qualifications 4.1., 4.2., and 4.3., or if FCPS determines from the response that an Offeror does not meet any one of the minimum qualifications, its proposal may be deemed non-responsive and disqualified from further consideration.

5. RFP DOCUMENTS:

RFP 2000004128 is comprised of the following documents:

- Announcement sheet

- DPMM32 Cover sheet

- Special Provisions (included herein)

- Appendix A — General Conditions and Instructions to Bidders

- Appendix B --- Forms

- Appendix C --- Minimum Qualifications

- Attachment A – Service Schedule (Locations, number & size of containers by location, frequency by location, Service type)

- Attachment B – Pricing Schedule

6. SCHEDULE:

The following tentative schedule is provided to the Offerors as a means of planning. Offerors are advised that this schedule may change during the solicitation process.

Milestones Target Date

1. Pre-Proposal Conference: June 16, 2025 at 10am

2. Questions from Offerors Due:

June 23, 2025 at 5pm

3. RFP Closing Date and Time:

July 11, 2025 at 5pm

4. Finalists Interviews: Week of August 4, 2025

5. Negotiations: Week of August 11, 2025

6. Contract Award: August 30, 2025

7. Contract Begins: September 1, 2025

7. PRE-PROPOSAL CONFERENCE:

An optional pre-proposal conference will be held on June 16, 2025 at 10 a.m. via Zoom Video Conference. Those interested in attending the pre-proposal conference must contact the Contract Specialist at hfhassan@fcps.edu to obtain the Zoom link. Attendees requiring special services are asked to provide their requirements to the Office of Benefit Services at 571-423-3070, https://fcps-hr.guardianconduct.com/incident-reporting or TRS at 711. Please allow seven (7) working days in advance of the event to make the necessary arrangements.

Notify the Contract Specialist as soon as possible, but no later than two (2) days in advance of the meeting if a participant will connect to the meeting from outside of the United States.

The purpose of the pre-proposal conference is to give potential Offerors an opportunity to ask questions and to obtain clarification about any aspect of this Request for Proposal. Offerors may submit any questions pertaining to the RFP, in writing to Humaira Hassan hfhassan@fcps.edu

8. CONTRACT PERIOD AND RENEWAL:

8.1. The term of this contract will begin from the date of award and terminate on August 31, 2030 unless terminated earlier in the manner provided in the contract or renewed as set forth below.

mailto:hfhassan@fcps.edu https://fcps-hr.guardianconduct.com/incident-reporting https://fcps-hr.guardianconduct.com/incident-reporting

8.2. Automatic contract renewals are prohibited. This contract may be renewed at the expiration of its term by agreement of both parties. Contract renewals must be authorized by and coordinated through the Office of Procurement Services. Customer reserves the right to renew the contract for three (3) additional one-year periods.

8.3. Notice of intent to renew will be given to the Offeror in writing by the Office of Procurement Services, normally 60 days before the expiration date of the current contract. (This notice shall not be deemed to commit the Customer to a contract renewal.)

8.4. Upon award of the contract, the offeror will post a bond/surety in the amount of the offeror’s proposed value of all container and compactors it and agreed upon by the Customer. At the end of each of the initial 5 years of the contract, the required bond/surety amount will be reduced by 20% so that, at the end of the 5-year term, no bond/surety is required. In the event of contract termination by the contractor prior to the 5-year term or termination by the Customer for cause, the Customer will have the right to make a claim on the bond for the full amount (as reduced each year) to cover the cost of providing containers for the balance of the contract period.

8.5. The obligation of the Customer to pay compensation due the Offeror under the contract or any other payment obligations under any contract awarded pursuant to this Request for Proposal is subject to appropriations by the Fairfax County Board of Supervisors to satisfy payment of such obligations. The Customer’s obligations to make payments during subsequent fiscal years are dependent upon the same action. If such appropriation is not made for any fiscal year, the contract shall terminate effective at the end of the fiscal year for which funds were appropriated, and the Customer will not be obligated to make any payments under the contract beyond the amount appropriated for payment obligations under the contract. The Customer will provide the Offeror with written notice of non-appropriation of funds within thirty (30) calendar days after action is completed by the Board of Supervisors. However, the Customer’s failure to provide such notice shall not extend the contract into a fiscal year in which sufficient funds have not been appropriated.

9. LANGUAGE CONVENTIONS:

An attempt has been made to standardize the language used in this RFP. The words “must”, “shall”, “mandatory” and the phrase “it is required” are used in connection with a mandatory specification that Customer expects will be present in the proposed Solution. The words “should” and “may” are used in connection with a specification that is desirable.

10. TASKS TO BE PERFORMED:

10.1. COLLECTION-DISPOSAL-PROCESSING

The Contractor shall empty (hereinafter ‘service’) all Customer containers/compactors per the “Service Schedule” (Attachment A). The service will include completely emptying each container in a safe manner, without spillage, operating in accordance with industry safety standards. All collection, disposal and processing activities must comply with chapter 109.1 of the Fairfax County code and any related county policies, permit, or regulations that govern activities cited in the code.

a. Emptying Containers and Carts: Containers shall be thoroughly emptied and returned to their assigned location at each collection site. The Contractor shall be responsible for picking up all litter resulting from the servicing of the container (litter due to overflowing containers is not the Contractor’s responsibility). Failure to maintain clean sites at the collection area shall be considered grounds for the Customer to require a credit from the Contractor for that collection service which resulted in the service area with litter on the ground due to emptying.

b. Handling of Materials/Spillage: Care shall be taken in the loading and transportation of

Refuse or Recyclables so that none of the collected material is scattered or spilled either on private or public property. Any Refuse or Recyclables spilled shall be immediately picked up and removed by the Contractor. Should the Contractor fail to clean up a spillage, the Contractor shall be responsible for compensating the Customer for removing spillage for any property affected by the spillage.

c. Overloaded Containers: If the Contractor finds that a specific location’s container is overloaded with material positioned on top of or beside the container (overflow), it should not service the container and notify the Customer agency contact via email and attach photographic evidence. The Customer will have 24 hours to remove the overflow and then contact the Contractor to return to the location and service the container at no additional charge. If that location has a subsequent event of overflow, the Contractor should notify the Customer agency contact via email of the overflow, with photographic evidence and delay collection until the overflow is removed. In such case, if that subsequent overload occurs within the following 4-week period, the Contractor may charge that non-collection as a regular collection in addition to the actual service.

d. Additional Service: Should the Customer require an additional service, outside of the regular schedule, it will contact the Contractor, via email (or a method mutually agreed upon) to make the request, providing the location, and specific container to be serviced.

The Contractor will charge Customer according to the price awarded for “Unscheduled

Service”, on the Pricing Schedule. Should the Customer request an extra collection while still on site for a scheduled collection, the Customer will pay the price as awarded for “UOM

(one collection of each container),” on the Pricing Schedule.

e. Disposal Sites Utilized: Unless authorized by the Customer otherwise, all refuse shall be delivered and unloaded by the Contractor at the county’s disposal transfer facility at 4618 West Ox Rd, Fairfax, VA or the Reworld facility at 9850 Furnace Rd, Lorton, VA. Incidents of Contractor’s failure to deliver and unload all collected materials to these facilities shall be considered a breach and grounds for Contract termination.

f. Permitted Processing Facilities: All recyclables will be deposited at processing facilities permitted by the Virginia Department of Environmental Quality (VDEQ), or, if out-of-state facilities, by the equivalent agency in the host state, unless the Customer approves an alternative.

g. Documentation Processing Facility: The Customer has the right to require the

Contractor to provide documentation from any processing facility it uses confirming that materials are being used for re-use, and not for disposal, residue or landfill cover.

h. Ownership Of Collected Materials: Customer retains title and ownership of all Refuse and Recyclables placed out for collection until the container contents are deposited into the Contractor’s trucks, at which point, the materials become the property of the Contractor.

For ROF loads of recyclables, the materials will be considered the Contractor’s property upon loading. The weight used to calculate revenue for that material will be determined when weighed at the processing facility.

i. Weekly Service: All refuse, recyclable and organic material must be collected weekly, at a minimum. Any deviation from this minimum must be approved, in advance, by the Enforcement branch of the Fairfax County Solid Waste Management Program as well as the Customer.

j. Bulk Service will be part of the services provided. Service will be on an ‘on call’ basis.

1. Service will be provided within twenty-four hours’ notice to the Contractor unless an alternative schedule is agreed upon between the Customer and the Contractor.

2. These pick-ups will be for items such as, but not limited to: tires, couches, chairs, tables, mattresses and box springs, televisions, computer monitors. Large quantities of tires are serviced under a separate contract. Such quantities are generated by the county’s Department of Vehicle Services (DVS) and SWMP.

“Large” equates to volumes that require a ROF container monthly.

3. Reference Pricing Schedule for specific pricing required.

4. The Contractor may sub-contract this service.

5. The Contractor may propose an alternative collection procedure.

k. Roll-off Open Top Container Service Temporary: Customer will, periodically, need a

ROF open-top container for disposal for construction and demolition debris (CDD) or bulk items (bulky debris) related to activities other than normal operations. The Contractor will provide the Customer, upon request, with open top roll off containers within one (1) business day of the request. Contractor must include in the Pricing Schedule both the rental rate for open-top containers used for the collection of CDD and bulky waste, as well as the price for the collection/transport of the container. For CDD, the Contractor may decide the facility to which it will take the CDD, upon agreement with the Customer. Disposal charges are to be included in the price. Bulky Debris is to be taken to county facilities, and the Contractor is to bill the Customer for the disposal charges.

l. Roll-off Open Top Container Service Permanent: The Customer will require permanent placement of ROF open-top containers during the contract term for bulky debris resulting from normal activities. Bulky debris that is not CDD and accepted by the county disposal facilities, will be taken to these locations as refuse and the Contractor will bill the Customer for the disposal fee. Loads that are CDD will be taken to a facility of the Contractor’s choice as noted in subsection “k” above. Contractor must provide in the Pricing Schedule both the price for the rental of the open-top container, as well as the price for the collection/transport of the container and CDD disposal charge per ton, all such costs as part of the Collection

Cost.

m. Roll-off Compactor Service: The Customer will require permanent placement of ROF compactors during the contract term for refuse and recyclables resulting from normal activities.

1. Contractor will supply and maintain compactors at the locations cited in the Service

Schedule. Customer may request additional compactors based on increases in volume or new locations. Customer may request a compactor to replace FEL service due to high volume.

2. There are two compactors which have 2 discharge compartments (split compactors) that enable the compactor to accept both refuse and recyclables. The

Contractor’s provided price in the Pricing Schedule for these compactors shall assume that the compactor will be dumped twice during the same trip, once at the county facility for refuse, and once at the processing facility for the recyclables, unless agreed upon otherwise by the Customer

3. Contractor is responsible for supplying the equipment and apparatus for the operation of the compactor including electrical panels and wiring. The Customer is responsible for providing the electrical supply at no charge.

4. The Contractor will be responsible for proper disposal of these materials throughout the term of the contract including any renewal terms. The Contractor will include in the Pricing Schedule both the rental price of the compactor and the price for the collection and transport. Disposal charges will be billed to the

Customer per the rate charged by the County facilities.

n. Code Compliance: All collection, disposal and processing activities must comply with chapter 109.1 of the Fairfax County code and any related policies, permit, or regulations of the county that govern activities cited in the code.

o. Vehicles: All vehicles used by the Contractor in the performance of this contract shall be in compliance with all applicable federal, state, and local laws and regulations, including but not limited to, the permitting requirements of Fairfax County’s Solid Waste Management

Program Chapter 109, Section 109.1-5-6. Collection Containers and Vehicles. All vehicles shall comply at all times with the inspection regulations of the Division of Motor Vehicles of the Commonwealth of Virginia. Any vehicle determined to have failed these standards shall be removed from service at the request of the Project Officer.

11. SERVICE SCHEDULE: The Contractor shall provide collection services as detailed in the attached

“Service Schedule” (Attachment A). Attachment A outlines all Customer locations, the number, size, and type of container at each location, and the service frequency for each container. Exceptions to the regular service schedule may occur due to reduced activities or weather. Attachment A defines these “Alternate Service Schedules.” The Customer may increase or decrease the service level for individual locations, with five (5) business days’ notice to the Contractor. Changes may include the number, type, or size of containers.

11.1. School Year Schedule – The FCPS school year runs from approximately the 3rd week of

August through the middle of June. Attachment A provides the list of FCPS locations that will have a “School Year Schedule”. It is the Contractor’s responsibility to confirm the start and finish dates for this schedule.

11.2. Summer Schedule Schools– During the summer months, FCPS follows a revised pick-up schedule due to reduced volumes in the summer months. The revised pick-up schedule applies to elementary and middle schools only. These schedules are in effect from approximately the last week in June through the 2nd week of August. Attachment A denotes the FCPS locations that will have a “Summer Schedule.” It is the Contractor’s responsibility to confirm the start and finish dates for this schedule.

11.3. Winter Schedule FCPA- From early December through mid-March, FCPA follows a revised service schedule for select park locations. These are cited in the Service Schedule. Due to weather patterns, FCPA’s Winter Schedule start and finish dates vary. The Contractor is to confirm with FCPA’s point of contact the start and finish dates for this schedule. FCPA

Recreation Center service is to remain on their regular schedule year-round.

11.4. Reduced Schedule (Holiday) County-Starting the second week of August through Labor Day and starting the 4th week of December through January 1, select county locations operate on a reduced schedule. It is the Contractor’s responsibility to confirm the start and finish dates for this schedule.

11.5. Compactor & Open-top Schedule – Attachment A provides the schedule for Customer compactors, which are serviced on the same schedule throughout the entire year.

11.6. On-Call Schedule: Compactor and open-top containers that are not on a schedule will be serviced with 24 hours’ notice to the Contractor.

12. OPERATING HOURS: The Contractor shall begin collection no earlier than 6:00a.m. ET and must provide services as quietly as possible. The Contractor must operate in a manner consistent with Fairfax County’s noise ordinance as referenced in the Solid Waste Management Program Chapter

109.1. (https://www.fairfaxcounty.gov/publicworks/recycling-trash/chapter-1091-solid-waste-management). In addition, no work shall occur on Sundays, unless specifically requested by the Customer. Service on Saturdays will be permitted until 12:00 p.m. as long as the facility has open access or personnel available to provide access.

13. HOLIDAYS: The Contractor shall provide collection services on all legal holidays except New Year’s

Day, Memorial Day, July 4th, Labor Day, Thanksgiving, and Christmas Day. This service will not be required to be performed unless specified otherwise. Select locations will require collection to be provided the day before or the day after. These select locations will be provided by the Customer prior to contract initiation. The Customer may change the holiday collection schedule or require collection before or after at its sole discretion with ten (10) business days’ advance notice.

https://www.fairfaxcounty.gov/publicworks/recycling-trash/chapter-1091-solid-waste-management https://www.fairfaxcounty.gov/publicworks/recycling-trash/chapter-1091-solid-waste-management

14. DAYS-OF-SERVICE (DOS): The Contractor may alter the specific days-of-service to maximize route efficiency. For locations with multiple days of service, the Contractor must provide service on days that are not back-to-back, e.g., twice-per-week service Mondays/Thursdays or Tuesdays/Fridays, three times-per-week service Mondays/Wednesdays/Fridays or Tuesdays/Thursdays/Saturdays (with the approval of the County Agency for service on Saturdays).

15. RESTRICTED ACCESS FACILITIES: Customer has certain facilities that have restricted access, e.g., detention centers, judicial complex, police stations, certain health facilities, and some FCPS locations.

By submitting a proposal, the Contractor acknowledges that no additional charges will apply for the additional time needed to access the location.

16. MISSED COLLECTIONS:

16.1. The Contractor shall provide same‐day notification, via email to the designated Customer contact, of missed pickups, for any reason, and any corrective action schedule. Failure to provide notification to the Customer may result in the Contractor crediting the invoice for that day of service.

16.2. The Contractor must notify the Customer if their collection services are behind schedule.

16.3. Customer recognizes when a missed collection is caused by snow or severe weather, or from a blocked container, or any other condition that makes collection impossible. However, the Contractor shall restore service as quickly as possible once conditions improve, particularly at locations where service is critical to maintain acceptable health standards, e.g., residential complexes, medical facilities, police and fire facilities.

16.4. It is the responsibility of the Contractor to notify the appropriate Customer contact by email if any container is inaccessible or not serviced on time. In the event of a blocked container or overloaded container, the Contractor must notify the Customer contact and allow the Customer 24 hours to have the container rendered accessible and the Contractor will then service the container at no additional cost. If the Customer fails to have the blocked container rendered accessible within 24 hours, the Contractor may charge the Customer for both the initial trip to the inaccessible container and the follow-up trip to provide the service.

17. CONTRACTOR PERSONNEL:

17.1. Identification: Contractor employees must wear company-provided uniforms and possess valid driver’s licenses.

17.2. Behavior: Contractor personnel are expected to act in a professional, courteous and safe manner as the Contractor’s service activities will place them in close proximity to school students and staff, county staff and the public.

17.3. Training: The Contractor is responsible for providing its personnel appropriate training for the services to be provided.

18. RECYCLING

18.1. Customer locations with FEL service will follow the “mixed recyclables” guidelines described in the “Scope of Services”.

18.2. Any revenue from the processing of the mixed recyclables will be retained by the Contractor for FEL service. There will be no processing or disposal charge for mixed recyclables collected as part of the FEL service. For any Customer compactor with mixed recyclables, the Contractor will pay the Customer the revenue listed in the Pricing Schedule by the Contractor.

In the event the Contractor identifies a Customer location’s recycling container has significant presence (more than 20%) of non-recyclable material, the Contractor is not to empty the container and to notify the Customer (via an agreed upon method) within 24 hours. The

Contractor will then service the container as refuse, but no sooner than 24 hours after the initial report to the Customer to allow the Customer to inspect the container contents. Contractor will charge the Customer for both the initial trip and the subsequent trip to service as refuse.

Recycle Material Revenue and Processing Charge: For material from ROF loads dedicated for either “single-sorted” or “mixed-material” recycled material, the Customer will be compensated per the table in Attachment A. The Contractor will include in the Pricing Schedule the processing charge for any of the recyclables as well as the trip/transport charge.

19. CONTAINERS & CONTAINER MAINTENANCE:

Contractor is responsible for providing all containers necessary to provide all services.

19.1. A value will be established for the Customer’s container/compactors that become the property of the Contractor. The Contractor may choose to use some or all these containers/compactors to fulfill the Services. Regardless of whether the Contractor uses these containers/compactors or others to provide the Services, all must meet the criteria below.

19.2. For purposes of early contract termination, the above “value” established, will be depreciated

(reduced) by one-sixtieth at the end of each month, beginning with the end of the first month of the contract and ending with the end of the 60th month of the contract.

19.3. Contractor will be allowed 12 months from the beginning of the 2nd quarter of the contract

(conversion period) to bring all containers into compliance with the requirements below. The exception to this conversion period will be containers that require immediate repair due to safety or malfunction concerns. Contractor is to submit an implementation plan after contract award to the Customer for achieving this requirement.

19.4. Contractor must remove or render not visible the existing Customer information on the containers. This is to be completed during the conversion period.

19.5. Refuse containers are to be painted green. Recyclable containers are to be painted blue.

Organic containers are to be painted/colored in black. Any containers/compactors currently owned by the Customer that the Contractor utilizes for this proposal, are to be painted to required colors as each is repaired or replaced.

19.6. Contractor’s containers must be in compliance with the permitting requirements of Fairfax

County’s Solid Waste Management Program Chapter 109, Section 109.1-5-6. Collection Containers and Vehicles. Containers must meet all applicable safety and health department standards and be kept in good physical condition (Health Code §46 and DSW Code #109).

19.7. Contractor’s containers may be non-steel construction for any sized container of 4 cubic yards or less.

19.8. Customer is not responsible to cover the cost of any repair unless due to negligence by

Customer or damage caused by a Customer vehicle (this does not include damage cause by the public, vendors of the Customer, fire damage, vandalism, Acts of God, etc.)

19.9. Contractor is responsible for keeping all containers in proper working condition, to include:

a. Acceptable appearance of the containers to include uniform paint appearance.

b. Required signage as required by county code.

c. Container integrity must provide for no leakage of liquid and not have sharp edges that are unsafe, must be weather-tight to prevent rainwater from mixing with the material.

d. Properly fitting drain plugs are required for all containers equipped with drain holes.

e. Hinges must be in good working condition,

f. Lids must completely enclose the container top opening.

g. Side doors must be in good condition.

h. Roll-off container rollers must not lock up or be frozen-in-place while being loaded/unloaded on to the truck.

i. Compactor doors must achieve complete seal of the container both while stationary and during transport.

j. Electrical apparatus must be safe and in compliance with code.

k. The Customer is responsible for providing electrical supply to the Contractor’s electrical supply infrastructure.

l. All compactors are to be cleaned via pressure washing, at a minimum, annually.

m. Any container that produces noxious, obnoxious, rancid odors will be pressure washed or swapped by the Contractor upon Customer request.

19.10. The Contractor will be responsible for making agreed repairs and/or exchanges to containers within five (5) business days of a Customer request, unless the container presents a safety hazard in which case the container must be repaired/exchanged within twenty-four (24) hours.

19.11. There will be no charge for container maintenance.

19.12. There will be no charge to replace a container due to normal wear-and-tear.

19.13. It is the Contractor's responsibility to determine at what point a container should be replaced rather than repaired.

19.14. Relocation: The Contractor will move a container within 24 hours of a Customer request. In the event the request is urgent (as determined by the Customer), the Contractor will affect the relocation as quickly as reasonably possible. The Pricing Schedule must include the price of relocation.

20. SIGNAGE OF CONTAINERS

Contractor’s containers will have its name and contact information (minimum of phone number for Customer service issues) on all containers so as to be easily identified by the public and Customer personnel. Refuse containers are to be labelled with a “Refuse Only” decal. Recyclable containers are to be labeled with a “Recyclables Only” decal. “Organic containers are to be labeled with a “Organics Only” decal.

Contractor is permitted to affix additional information to the containers for the purpose of safety, convenience, access. It is not to affix marketing information other than the Contractor contact information.

Contractor will be allowed to bring the containers into the Signage compliance requirement per the” conversion period” cited above.

21. CUSTOMER SERVICE & COMMUNICATION:

Contractor must have an efficient, measurable (trackable) process, with appropriate staffing, through which the Customer’s staff can contact them for service needs and inquiries related to recyclable materials. A dedicated email address for the Customer is preferred, and email shall be the primary method of communication. The Contractor must also provide a designated point-of-contact (specific personnel) for any issues that cannot be resolved via email. Additionally, the

Contractor must specify the hours during which Customer requests will be monitored and the maximum response time to such requests.

22. DAMAGE TO PROPERTY

The Contractor shall be responsible for any damage to private or public property caused by the negligence of the Contractor’s employees during performance under this contract.

The Contractor shall replace or restore to its original condition any property damaged by the Contractor at no cost to Customer. If the Contractor fails to repair, restore or replace such damaged property within thirty (30) days of receipt of notice from the Customer, the Customer shall invoice the Contractor for the cost of replacement, restoration or repair. The Contractor must pay the Customer within thirty (30) days of receiving the invoice.

In the event damage posed a safety or health hazard, Contractor is to make repairs immediately.

If the Contractor is not able to make the repairs immediately, the Customer will do so and will charge the Contractor for all repairs incurred.

23. VEHICLE STANDARDS:

All vehicles used by the Contractor in the performance of the contract shall be in compliance with all applicable federal, state, and local laws and regulations, including, but not limited to, the permitting requirements of Fairfax County’s Solid Waste Management Program Chapter 109, Section 109.1-5-6. Collection Containers and Vehicles.

All collection vehicles shall comply at all times with the inspection regulations of the Division of Motor Vehicles of the Commonwealth of Virginia. Any collection vehicle determined to have failed these standards shall be removed from service under this contract at the request of the County.

24. BEHAVIORAL CHANGE TO IMPROVE RECYCLING & DIVERSION (OPTIONAL): If the Contractor offers the plan described in Section 1.10. of “Scope of Services”, and the Customer agrees to the plan, the Contractor will:

a. Identify Contractor personnel or subcontractors who will implement the plan.

b. Specify the written and/or electronic materials to be used for training and guidance.

c. Specify the targeted recyclables, bulky waste, and CDD.

d. Provide a schedule of activity throughout the term of the contract

e. Provide specific objectives with timelines for achievement.

f. Outline the Contractor’s expectations of the Customer.

25. DATA COLLECTION & REPORTING:

Contractor must provide, on a monthly and annual basis, the data below, in Excel format, to the Customer point of contact. Customer is to approve the format to be utilized, e.g., identifying/assigning each location by Customer agency. Contractor is to state how the data will be collected in the field, to include technology used:

For FEL service:

25.1. The cubic yards, by material, collected at each location (cubic yards collected will equate to the capacity specified in the Service Schedule for each container). In the event of multiple containers, for the same material, at a location, the cubic yards are the sum of all containers’ capacity.

25.2. Total Weight, by material, collected at each location for each service event.

25.3. The number of services performed for each location. In the event of multiple containers for the same material at the location, the number of services will equate to the sum of the total services performed at the location.

25.4. Total number of documented additional services performed at each location.

25.5. Total number of documented service disruptions performed at each location. (“Disruptions” equate to documented blocks)

25.6. Total number of documented overloaded containers by location.

25.7. Total number of documented events of recycling containers with more than 20% of non-recyclable material).

For Roll-off service:

25.8. Total tons disposed of, or recyclables delivered for the location

25.9. Total number of services for each material by location

25.10. Average tons per service by location

For Organic Collection:

25.11. The cubic yards of material collected at each location (cubic yards will equate to the capacity specified in the Service Schedule for each container). In the event of multiple containers, for the same material, at a location, the cubic yards are the sum of all containers’ capacity.

25.12. The number of services performed for each location. In the event of multiple containers for the same material at the location, the number of services will equate to the sum of the total services performed at the location.

25.13. Total number of additional services performed at each location.

25.14. Total number of service disruptions performed at each location. (“Disruptions” equate to documented blocks of or overflowing containers).

26. WEIGHT DATA FOR VOLUMES COLLECTED BY LOCATION (Required): Contractor must provide a proposal to weigh the load of each FEL service (refuse and recyclables) and report those weights by month and year (reference Section 1.8. of Scope of Services).

26.1. The proposal must include the method by which the weight will be measured.

26.2. The proposal shall detail how the weight information will be provided to the Customer and the format in which it will be provided. Customer assumes the information will be provided monthly and annually for each location and lists the weight of each service for that period.

26.3. The scale system and software must be certified to charge by weight.

26.4. It will be important in the evaluation of this proposal to demonstrate the system has a history of operating consistently and accurately.

26.5. Data to be recorded: For every dumpster emptied by the Contractor, the system shall record and store for each collection event, at a minimum: the net weights of the contents dumped, the collection vehicle number, the dumpster type (i.e., refuse or recyclables), the time and date of collection, and the collection address. On a daily basis, the recorded data for all dumpsters emptied by Contractor shall be transferred to and stored in a central verification database, which the Contractor shall provide and maintain. The Contractor’s costs for the database and associated software, web access, and related services described herein are included in the Contractor’s prices for collection. The Contractor shall provide and maintain documentation that scales are in full compliance with all required permits under federal, state, and local laws.

The scales shall be calibrated at a frequency necessary to ensure all weights are being accurately recorded and shall be calibrated not less than annually. Calibration certificates must be provided to Customer annually.

26.6. In the event of a scale outage, and/or if it becomes necessary to estimate vehicle weights, the Contractor shall use the following conversion factor.

• 1 cubic yard single-stream Recyclables: 140 lbs.

• 1 cubic yard of Refuse: 200 lbs.

27. RECYCLABLES QUALITY BY LOCATION (Optional):

Contractor may provide a proposal to measure the quality of each recyclables collection service by location. The Customer’s objective is to identify specific locations that are placing non-recyclable items into the recycling containers so that corrective actions can be taken to eliminate the contamination.

The proposal must specify how the quality will be measured, and how said quality will be reported to the Customer. Quality may be defined as a level of contamination or contamination that would render the load unacceptable by a processing facility for just that load.

28. SERVICE EFFICIENCY RECOMMENDATIONS (Optional): The Contractor may propose an alternative service, alternative collection or diversion plan for refuse and/or recycling service. This plan will aim to reduce service levels, thereby lowering the Customer’s cost for that specific service, divert refuse for reuse or recycling collection, or convert a mixed recyclable stream into a single-source recyclable stream. Customer must agree to the proposed alternative service or alternative collection.

The proposal would not be…