Request for Proposals

Request for Proposals for Services Related to the City of Tustin’s Solid

Waste Management Franchise Agreement

Release Date:

October 21, 2026

Deadline for Submittal:

February 1, 2027

4 p.m. PT

Contact: Stacey Cuevas

Email: SCuevas@tustinca.org

Phone Number: 714.573.3037

PROPOSALS MUST BE SUBMITTED ELECTRONICALLY TO THE CITY’S PROCURMENT PORTAL ON

OPENGOV.

RFP: City of Tustin Solid Waste Services Page 2

Contents

SECTION 1.0: Background and General Information

1.1 Introduction

1.1.1 About the City of Tustin

1.2 Action Dates

1.2.1 RFP Schedule

1.2.2 Pre-Proposal Conference

1.2.3 Becoming a Prospective Proposer and Receiving RFP Notifications

1.2.4 Questions Concerning Request for Proposals

1.2.5 Submission of Proposals

1.2.6 Cancellation of RFP

1.3 Background / Description

1.3.1 Current City Service Levels

1.3.2 City Tonnage Reports

1.3.3 Current Additional Services for Single-Family Residents

1.3.4 Current Additional Services for Multi-Family Residents

1.3.5 Current Additional Services for Commercial Customers

1.3.6 Current Additional Services for the City

SECTION 2.0: Instructions to Proposers / Rules Governing RFP

2.1 Procurement Goals

2.1.1 Examination of the Request for Proposals

2.1.2 Addenda

2.2 General Guidelines

2.2.1 Public Records

2.2.2 Insurance Requirements

2.2.3 Business Licenses

2.2.4 Compliance with State Laws

2.2.5 Compliance with City Ordinances

2.2.6 Collusion

2.2.7 Withdrawal of Proposals

2.2.8 Ownership of Documents

2.3 Proposal Response

2.3.1 Modification of Proposals

2.3.2 Proposal Validity

2.3.3 Costs Incurred in Responding

2.4 Compliance with Franchise Agreement

2.4.1 Commitments, Warranty, and Representations

RFP: City of Tustin Solid Waste Services Page 3

2.5 Cashier’s Check

2.6 Proposal Validation Pass/Fail Review

2.7 Rejection of Proposals

2.7.1 Errors/Defects in Proposals

2.8 Proposal Evaluation

2.8.1 Service Rates

2.8.2 Customer Service and Reliability

2.8.3 Qualifications and Financial Ability

2.8.4 Exceptions to Agreement

2.8.5 Sustainability and Innovation

2.8.6 Additional Information and Interviews

2.8.7 Proposal Evaluation and Selection Process

2.8.8 Pre-Award Negotiations

2.9 Award

2.10 Protest Procedures

SECTION 3.0: Proposal Content and Format

3.1 Proposal Preparation

3.2 Proposal Content/Format Guidelines

3.2.1 Proposal Section 1 – Cover Letter, Performance Bond Commitment Letter, and Table of Contents .. 20

3.2.2 Proposal Section 2 – General Qualifications

3.2.3 Proposal Section 3 – Financial Qualifications

3.2.4 Proposal Section 4 – Technical Proposal

3.2.5 Proposal Section 5 – Forms

3.2.6 Proposal Section 6 – Exceptions to Franchise Agreement and Alternative Services

3.2.7 Proposal Section 7 – Appendices

SECTION 4.0: Collection Scope of Services

4.1 Introduction

4.2 Current Service Agreement

4.3 Service Area

4.4 Service Rates

4.5 Franchise Agreement Term

4.6 Service Overview

A. Service Sectors

B. Mandatory Recycling and Organic Waste Service

C. Waiver Verification and Approval

D. Accepted Materials

4.7 Solid Waste Collection Services

A. SFD Residential Collection Services

RFP: City of Tustin Solid Waste Services Page 4

B. Multi-Family Dwelling (MFD) Collection Services

C. Commercial Collection Services

D. City Facility Services

E. Additional Services

F. Optional Service Alternatives and Proposer-Recommended Enhancements

G. Education and Outreach Plan

H. Collection Containers

I. Collection Vehicles

J. Collection Hours and Days, and Office Hours

K. Diversion Standards

L. Displaced Employees

M. Customer Service and Billing

N. Service Rates

O. Contractor’s Payments to the City

P. Adjustment to Fees

Q. Billing Audit and Performance Reviews

SECTION 5.0 — REQUIRED FORMS

ATTACHMENTS

Attachment 1 – Draft Solid Waste Management Franchise Agreement

Attachment 2 – Orange County Waste and Recycling Waste Infrastructure System Enterprise (WISE)

Agreement

Attachment 3 – Current Solid Waste Subscription Data for the City of Tustin

Attachment 4 – Evaluation Criteria

Attachment 5 – Existing Agreement for the Collection, Transportation, Processing and Diversion of

Recyclable Materials, Food Scraps, Yard Trimmings, Wood, Construction and Demolition Debris and Other

Materials and for the Collection, Transportation and Disposal of Municipal Solid Waste between the City of

Tustin and CR&R, Incorporated, including Amendments

Attachment 6 – Existing Rate Sheet for City of Tustin Solid Waste Services

RFP: City of Tustin Solid Waste Services Page 5

SECTION 1.0: Background and General Information

1.1 Introduction

The City of Tustin (City), located in Orange County (County), is requesting proposals (Proposals) from qualified firms (Proposers) to provide Garbage1, Recyclable Materials, Construction and Demolition (C&D)

Debris, and Organic Waste collection services (Collection Services). This Request for Proposals (RFP) describes the required scope of services, the contractor selection process, and the minimum information that must be included in the Proposals. The Draft Solid Waste Management Franchise Agreement (Draft

Franchise Agreement) is included as Attachment 1 to this RFP.

This RFP does not procure ownership or operation of post-collection processing or disposal facilities.

However, the selected Contractor shall be responsible for transporting and delivering collected materials to

City-approved facilities and complying with all transfer, processing, recycling, disposal, reporting, and flow-control requirements set forth in this RFP, the Franchise Agreement, and applicable delivery or disposal agreements.

The City intends to award one (1) exclusive Franchise Agreement for the provision of residential, commercial, and City Collection Services. There is no guarantee that the City will make a contract award.

Failure to submit information in accordance with the RFP requirements and procedures may be cause for disqualification. The term of the resultant contract will be ten (10) years, as dictated by City code (§ 4320), and there will be no option for extension.

Proposers are required to read and understand all information contained within this entire Proposal package. By responding to this RFP, Proposers agree to read and understand these documents thoroughly.

1.1.1 About the City of Tustin

The City of Tustin has a population of approximately 78,000 and is centrally located in Orange County, approximately 35 miles southeast of Los Angeles and adjacent to the County seat of Santa Ana.

Incorporated in 1927 as a general law city, Tustin is known as “The City of Trees” and offers a well-established residential community, a historic Old Town district, strong retail and employment centers, and continued development activity within the Tustin Legacy area.

The City’s Fiscal Year 2026-2027 Budget and Capital Improvement Program marks the second year of the

2025-2027 Biennial Budget and includes approximately $68 million in capital improvements for City facilities, traffic signals, roads, sidewalks, water infrastructure, parks, and Tustin Legacy projects. The City is a significant local employer, with approximately 440 employees, and City Hall is open Monday through

Thursday from 7:30 a.m. to 5:30 p.m. and Friday from 8:00 a.m. to 5:00 p.m. Additional information about the City can be obtained from the City of Tustin website: https://www.tustinca.org/.

1.2 Action Dates

The following is an outline of the anticipated schedule for the Proposal review and contract award. All dates and activities are subject to change.

1 Capitalized terms in this RFP are defined terms. If a definition is not included in this document, the defined terms have the same definitions as are provided in Article 1, Definitions, of the Draft Franchise Agreement (Attachment 1).

https://www.tustinca.org/

RFP: City of Tustin Solid Waste Services Page 6

1.2.1 RFP Schedule

Date Activity

October 21, 2026 Issue RFP and Draft Franchise Agreement

November 4, 2026, 2 p.m.-3 p.m. PT Mandatory Pre-Proposal Conference

December 2, 2026, 4 p.m. PT Final Day to Submit First Round of Questions

December 16, 2026 Responses to First Round of Questions uploaded to OpenGov

January 5, 2027, 4 p.m. PT Final Day to Submit Second Round of Questions

January 12, 2027 Responses to Second Round of Questions uploaded to OpenGov

February 1, 2027, 4 p.m. PT Proposal Due Date

April 1, 2027 Initial Evaluations Completed

April 5-16, 2027 Interviews

April 20, 2027 Final Evaluations Completed

May 18, 2027 Anticipated Council Award

April 1, 2028 Service Begins

Interested parties may obtain copies of this Proposal by visiting www.tustinca.org/1236/Project-Bids-RFPs.

1.2.2 Pre-Proposal Conference

A mandatory pre-proposal conference will be held via Zoom on November 4, 2026, from 2 p.m. to 3 p.m.

Pacific Time (PT).

Meeting location:

https://us06web.zoom.us/j/84968558171?pwd=MLKWCncRE9Ya3fQIVgAku4ymK9j6PA.1

Meeting ID: 849 6855 8171

Passcode: 842121

1.2.3 Becoming a Prospective Proposer and Receiving RFP Notifications

Any Proposer interested in providing a Proposal must have an authorized person present and accounted for in the attendance record at the pre-proposal conference. Once a Proposer has completed this step, the

Proposer's name will appear on the Prospective Proposers list for the RFP, and they will receive any addenda or notifications relating to the RFP.

1.2.4 Questions Concerning Request for Proposals

All communications between the City and a Prospective Proposer, along with the related responses, will be transmitted simultaneously to all Prospective Proposers that have attended the pre-proposal conference. It is to the City and Proposer's benefit that questions and objections are brought to the City’s attention so it may issue necessary amendments to the RFP and help prevent the opening of defective proposals upon which the City could not award a Contract. Proposer should carefully review this RFP and all attachments for comments, questions, defects, objections, or any other matter requiring clarification or correction

(collectively, “Questions”).

The first round of questions must be submitted to OpenGov by 4 p.m. PT on December 2, 2026.

The second round of questions must be submitted to OpenGov by 4 p.m. PT on January 5, 2027.

http://www.tustinca.org/1236/Project-Bids-RFPs https://us06web.zoom.us/j/84968558171?pwd=MLKWCncRE9Ya3fQIVgAku4ymK9j6PA.1

RFP: City of Tustin Solid Waste Services Page 7

Answers to questions received, as well as any addenda that may be issued by the City, will be uploaded to

OpenGov to Prospective Proposers that have attended the pre-proposal conference no later than

December 16, 2026 for the first round of questions and January 12, 2027 for the second round of questions.

1.2.5 Submission of Proposals

The Proposal and any required certifications must be signed by an individual or individuals authorized to execute legal documents on behalf of the Proposer.

Electronic Proposals shall be submitted the City’s online procurement system, OpenGov. All required sections of the Proposal must be submitted via OpenGov. Proposers will receive an email confirmation indicating that their Proposal was submitted successfully.

Proposers are solely responsible for submission of their electronic Proposal by the stated Proposal

Submittal Deadline. No Proposals received after the deadline will be accepted and no exceptions shall be made. The time and date at which the Proposal is received by the City will be the governing time for acceptance of Proposals. No oral, telegraphic, facsimile, or telephone Proposals or modifications will be considered.

Proposals must be received no later than 4 p.m., local time (PT), on February 1, 2027.

1.2.6 Cancellation of RFP

The City reserves the right to cancel this solicitation at any time.

1.3 Background / Description

On October 2, 2018, the Tustin City Council approved an agreement with CR&R Incorporated for solid waste and recycling services. The current agreement provides for the collection of solid waste, recyclable materials, and organic waste from residential and commercial customers throughout the City. The City’s current agreement with CR&R became effective April 1, 2019, and is scheduled to terminate on March 31, 2028. A copy of the agreement is available on the City’s website.

The City has also implemented an organics recycling program in partnership with CR&R, as required by

SB 1383, which includes organic waste collection services and related recycling program requirements. It should be noted that The Tustin Legacy community will continue to build residential single-family, multi-family, and commercial developments throughout the term of the contract, generally consistent in type and scale as development already completed.

In accordance with State laws and industry best practices, the City seeks to procure a new Franchise

Agreement with updated terms and conditions, regulatory compliance provisions, reporting requirements, and potential service enhancements beyond current service levels.

1.3.1 Current City Service Levels

Garbage subscription levels in the City as of Q4 of 2025 were reported as follows:

Tustin Garbage Subscription Levels

Container Size SFD MFD Comm City Total

35-gallon Garbage Cart 758 0 1 0 759

65-gallon Garbage Cart 7,812 12 3 0 7,827

95-gallon Garbage Cart 5,329 0 52 0 5,381

1-yard Garbage Bin (standalone or half of 2-yard split bin)

0 0 0 0 0

1.5-yard Garbage Bin (standalone or half of 3-yard split bin)

0 43 54 1 98

RFP: City of Tustin Solid Waste Services Page 8

Container Size SFD MFD Comm City Total

2-yard Garbage Bin (standalone or half of 4-yard split bin)

0 77 135 0 212

3-yard Garbage Bin 0 456 494 0 950

4-yard Garbage Bin 0 198 248 1 447

6-yard Garbage Bin 0 0 3 0 3

10-yard Garbage Compactor 0 0 4 1 5

30-yard Garbage Compactor 0 0 2 0 2

40-yard Garbage Compactor 0 2 32 1 35

Total Number of Containers 13,899 788 1,028 4 15,719

See Attachment 3 for details on the number of subscriptions by type. The City makes no guarantee of the information included here or in Attachment 3. Because the City is not currently directly charged for service, it is understood that the subscription levels for City facilities are expected to change once the new

Franchise Agreement takes effect. It is further expected that the successful Proposer will work directly with the City to right-size service levels prior to initiation of service delivery and billing.

The City may approve SB 1383 waivers for eligible Service Recipients in accordance with Applicable Law, the Tustin City Code, and the Franchise Agreement. The selected Contractor shall be responsible for assisting Service Recipients with waiver requests, verifying potential waiver eligibility, documenting supporting evidence, and submitting waiver recommendations to the City. The City shall retain sole and final authority to approve, deny, renew, or revoke any waiver. Garbage-only service shall not be provided unless and until the City has issued a written waiver applicable to the Service Recipient.

There are approximately 270 commercial waivers currently issued for De Minimis Organic Waste.

1.3.2 City Tonnage Reports

The tables and charts on the subsequent pages reflect tonnages for Garbage, Recyclable Materials, and

Organic Waste for the years 2023-2025. The City makes no guarantee of the accuracy of the information shown, it is the express responsibility of Proposers to gather information that Proposers deem necessary to prepare Proposals to the City.

Tustin Garbage Tonnage, 2023 – 2025

Sector 2023 2024 2025

SFD 12,671 12,707 12,670

MFD 15,343 14,583 14,507

Comm 20,028 19,683 19,636

Roll-Off/Temp 6,712 1,596 1,869

Total 54,754 48,569 48,682

Tustin Recyclable Materials Tonnage, 2023 – 2025

Sector 2023 2024 2025

SFD 2,719 3,054 3,614

MFD 1,114 1,347 1,033

Comm 1,966 2,346 1,792

Roll-Off/Temp 3,005 2,265 4,092

Total 8,804 9,012 10,531

Tustin Organic Waste Tonnage, 2023 – 2025

SFD 5,635 5,541 5,262

MFD 212 375 376

Comm 739 751 699

RFP: City of Tustin Solid Waste Services Page 9

Roll-Off/Temp - - -

Total 6,586 6,667 6,337

1.3.3 Current Additional Services for Single-Family Residents

▪ Curbside Bulky Waste Collection / Clean-Ups (4x/year).

▪ Holiday Tree Curbside Collection, as well as Drop-Off Service.

▪ Bagged Compost / Mulch Distribution Events (2x/year).

▪ Curbside E-Waste Collection (1x/year), as well as Drop-Off Events (2x/year).

▪ Curbside Universal Waste Collection (1x/year), as well as Drop-Off Events (2x/year).

▪ Household Hazardous Waste Drop-Off Events (2x/year).

▪ On-Call Sharps Collection.

▪ Side-Yard/Backyard Collection for elderly or mobility-limited customers.

1.3.4 Current Additional Services for Multi-Family Residents

▪ On-Call Bulky Waste Collection (for a fee).

▪ Holiday Tree Curbside Collection, as well as Drop-Off Service.

▪ Bagged Compost / Mulch Distribution Events (2x/year).

▪ E-Waste Collection (1x/year per premises).

▪ Universal Waste Collection (1x/year per premises).

▪ Household Hazardous Waste Drop-Off Events (including HHW, Universal Waste and e-

Waste Drop-Off 2x/year).

▪ Sharps Collection through the property management office or other designated location.

▪ Side-Yard/Backyard Collection for elderly or mobility-limited customers.

1.3.5 Current Additional Services for Commercial Customers

▪ On-Call Bulky Waste Collection, including appliances containing Freon (for a fee).

▪ E-Waste Collection (1x/year per premises).

▪ Universal Waste Collection (1x/year per premises).

1.3.6 Current Additional Services for the City

▪ No-Cost Collection Service at City Facilities.

▪ Enhanced Collection Service at City Parks.

▪ City Special Events Program (up to 30 events/year).

▪ Monthly Bulky Waste Collection.

▪ Illegally Dumped and Abandoned Waste Collection.

▪ Holiday Tree Drop-Off Program.

▪ Compost / Mulch Distribution Events (2x/year).

▪ Residential E-Waste Drop-Off Events (2x/year).

▪ Residential Universal Waste Drop-Off Events (2x/year).

▪ Residential Household Hazardous Waste Drop-Off Events (2x/year).

▪ City Yard Roll-Off Box Service.

▪ Emergency Collection Services.

RFP: City of Tustin Solid Waste Services Page 10

SECTION 2.0: Instructions to Proposers / Rules Governing RFP

2.1 Procurement Goals

The City’s intent with this RFP is to continue to provide the community with the appropriate level of service, of the highest quality, and with the best Service Rates (Section 5, Form I). The specifications contained within this RFP are designed to establish an effective, efficient, environmentally clean, uniform, and safe system of solid waste collection. To this end, this RFP includes information to allow Proposers to properly prepare their responses and compute fair and reasonable compensation and rate Proposals. While the

City has endeavored to be as accurate as possible, the City makes no guarantee of the accuracy of information included in this RFP.

IT IS THE SOLE RESPONSIBILITY OF PROPOSERS TO GATHER AND ATTAIN ANY AND ALL

RELEVANT INFORMATION NEEDED TO PROVIDE COMPLETE, VALID, AND ACCURATE

PROPOSALS, INCLUDING BUT NOT LIMITED TO RATE PROPOSALS. PROPOSER SHOULD

REVIEW THE DRAFT FRANCHISE AGREEMENT FOR FINAL AND RULING DETAILS OF ALL

SERVICES AND REQUIREMENTS.

IT IS THE SOLE RESPONSIBILITY OF PROPOSERS TO CONDUCT THEIR INDEPENDENT DUE

DILLIGENCE IN IDENTIFYING, UNDERSTANDING, AND COMMITTING TO PROVIDE ALL CURRENT

SOLID WASTE SERVICES WITHOUT INTERRUPTION IF AWARDED A CONTRACT.

The City further intends that all Service Rates charged to Service Recipients be fair and reasonable. In evaluating proposed Service Rates, the City will consider affordability and overall rate impacts for residential customers, predictable and equitable costs for Commercial Service Recipients, and the extent to which proposed rates are complete and financially sustainable for the services required by this RFP and the Draft Franchise Agreement. Proposers are encouraged to minimize unnecessary rate impacts to

Service Recipients while proposing rates sufficient to support reliable performance throughout the term of the Agreement. Please see Section 4.4 and Attachment 4 for additional details regarding the current

Service Rates and their evaluation.

2.1.1 Examination of the Request for Proposals

Proposers must carefully examine the entire RFP, any addenda thereto, and all related materials and data referenced herein or otherwise available to Proposer. Proposers shall be presumed to be familiar with all specifications and requirements of this RFP. The failure or omission to examine any form, instrument, or document shall in no way relieve Proposers from any obligation with respect to this Proposal.

2.1.2 Addenda

The City will issue written addenda to make changes, additions, or deletions to this solicitation. Oral communications regarding this RFP will NOT be valid or binding, nor excuse prospective Proposers of any obligations hereunder, unless set forth in writing by the City. Official communication shall only be in writing.

Addenda will be sent to all Prospective Proposers that have attended the mandatory pre-proposal conference.

2.2 General Guidelines

This RFP does not commit the City to award a contract, to defray any costs incurred in the preparation of a

Proposal pursuant to this RFP, or to procure or contract for work. The City may reject any or all Proposal(s) without providing reason(s) underlying the declination. A failure to award a contract to the Proposer with the lowest cost Proposal shall not constitute a valid cause of action against the City. The City shall not be responsible for work done, even in good faith, prior to final approval of the proposed contract. The City may investigate the qualifications of any Proposer under consideration, require confirmation of information

RFP: City of Tustin Solid Waste Services Page 11 furnished by the Proposer, and require additional evidence or qualifications to perform the Services described in this RFP.

The City reserves the right to:

▪ Reject any or all Proposals

▪ Issue subsequent Requests for Proposal

▪ Postpone opening for its own convenience

▪ Remedy technical errors in the Request for Proposal process

▪ Negotiate with any, all, or none of the Proposers

▪ Solicit best and final offers from all or some of the Proposers

▪ Accept other than the lowest proposed fees

▪ Waive informalities and irregularities in Proposals

2.2.1 Public Records

All Proposals submitted in response to this RFP become the property of the City and are subject to the

California Public Records Act. By submitting a Proposal, Proposers acknowledge and accept that the contents of the Proposal and associated documents will be subject to public inspection and review.

Trade secrets may be marked as “confidential” only to the extent they meet the requirements of California

Government Code Section 7920.000 et seq. If a Proposer submits an entire Proposal marked

“confidential”, it will be considered non-responsive. Each Proposer should be aware that although the

California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be able to establish that the information which a Proposer submits is a trade secret. If a request is made for information marked “confidential”, the City will provide the

Proposer who submitted such information with reasonable notice to allow the Proposer to independently seek protection from disclosure by a court of competent jurisdiction.

2.2.2 Insurance Requirements

The City requires contractors doing business with the City to maintain insurance in accordance with the requirements set forth in the Draft Franchise Agreement (Attachment 1). Within fifteen (15) days of issuance of the Notice of Intent to Award, the selected Proposer shall provide written confirmation from its insurer(s) or authorized insurance representative(s) demonstrating a commitment to provide the required coverage. Certificates of insurance and all required endorsements evidencing active coverage shall be provided prior to commencement of services.

2.2.3 Business Licenses

The successful Proposer and all subcontractors used in the work will be required to hold or to obtain a City business license, for which the fees will not be waived.

2.2.4 Compliance with State Laws

The Proposer and all subcontractors shall submit Proposals that are fully compliant with applicable laws within the State of California, including, but not limited to, the requirements of SB 1383, AB 1594, AB 1826, AB 341, SB 54, and any other existing applicable regulations.

2.2.5 Compliance with City Ordinances

Proposers and all subcontractors shall comply with Title XI of the City of Tustin City Code, which deals with

Solid Waste Management.

RFP: City of Tustin Solid Waste Services Page 12

2.2.6 Collusion

By submitting a Proposal, each Proposer represents and warrants that its Proposal is genuine and not false or collusive or made in the interest of, or on behalf of, any person not named therein; that the

Proposer has not directly or indirectly induced or solicited any other person to submit a false Proposal, or any other person to refrain from submitting a Proposal; and that the Proposer has not, in any manner, sought collusion to secure any improper advantage over any other person submitting a Proposal.

2.2.7 Withdrawal of Proposals

A Proposer may withdraw their Proposal before the submission deadline by emailing Stacey Cuevas at

SCuevas@tustinca.org a request for withdrawal signed by, or on behalf of, the Proposer.

2.2.8 Ownership of Documents

All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials produced for the Franchise Agreement shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part for the Franchise Agreement shall be subject to private use, copyrights, or patent rights by Proposer in the United States or in any other country without the express written consent of the City. The City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright, or patent, in whole or in part, any such reports, studies, data, statistics, forms, or other materials or properties produced for a submitted Proposal or this RFP process.

2.3 Proposal Response

Proposers must submit their Proposals and all required information and forms by the submittal deadline.

Proposals failing to provide complete information may be deemed non-responsive. Proposers must keep their own copies of their submittals for future reference. Before submitting a response, each Proposer shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the Franchise Agreement, as represented by the Draft Franchise Agreement

(Attachment 1), and to verify any representations made by the City. If Proposer receives an award because of its Proposal submission, failure to have made such investigations and examinations will in no way relieve the Proposer from its obligation to comply in every detail with all provisions and requirements of the

Draft Franchise Agreement (Attachment 1), nor will ignorance of such conditions and requirements be accepted as a basis or justification for any claim whatsoever by the Proposer.

2.3.1 Modification of Proposals

Any Proposer who wishes to make modifications to a Proposal already received by the City before the

Submittal Deadline must withdraw their Proposal to make the modifications. All modifications requests must be made via email, properly by the Proposer’s authorized representative, executed, and submitted in accordance with the terms and conditions of this solicitation. The City will remove the Proposal from the

Procurement System. It is the responsibility of a Proposer to ensure that modified Proposals are resubmitted before the Submittal Deadline. Proposals cannot be changed or modified after the date and time designated for receipt.

2.3.2 Proposal Validity

Proposals submitted hereunder shall remain valid for two hundred ten (210) calendar days from the

Submittal Deadline unless otherwise qualified.

2.3.3 Costs Incurred in Responding

The City will not pay or reimburse any costs incurred in Proposal preparation, presentation, demonstration, or negotiation, nor does it commit to procure or contract for any services. All costs of Proposal preparation mailto:SCuevas@tustinca.org

RFP: City of Tustin Solid Waste Services Page 13 shall be borne by Proposers. It is understood that all Proposals, inquiries, and correspondence relating to this RFP, as well as all related reports, charts, displays, schedules, exhibits, and other documentation, will become the property of the City when received by the City and may be considered public information under applicable law. The City assumes no liability for any costs incurred by Proposers throughout the entire selection process.

2.4 Compliance with Franchise Agreement

Successful Proposers will be required to enter into a Franchise Agreement, as represented by the Draft

Franchise Agreement (Attachment 1). Proposers must carefully review the Draft Franchise Agreement.

Any comments/exceptions to this agreement must be included in your Proposal. Precise substitute wording must be offered in place of any excepted language. It is not sufficient to state merely that an exception is noted to a particular paragraph. Deviations considered excessive by the City may reduce or eliminate a

Proposer, and the City is under no obligation to agree to any exceptions whatsoever. Proposed Service

Rates must be as per the terms and conditions of the Draft Franchise Agreement. Proposers must assume that proposed Service Rates must not include the City’s acceptance of any Exceptions to the Draft

Franchise Agreement.

2.4.1 Commitments, Warranty, and Representations

The Proposal submitted in response to this RFP will be included as part of the final Franchise Agreement.

Proposers are cautioned that if an agreement is awarded resulting from this procurement process, any written commitment by a Proposer within the scope of this procurement shall be binding upon Proposers, whether or not incorporated into a contract document. Failure of the Proposer to fulfill any such commitment shall render such Proposer liable for liquidated or other damages due the City under the terms of the Contract. For the purpose of this procurement, a commitment by a Proposer includes:

▪ Any modification of, or affirmation or representation as to the above, which is made by a

Proposer in or during the course of negotiation.

▪ Any representation by a Proposer in a Proposal, supporting document, or negotiations subsequent thereto as to services to be performed, regardless of the fact that the duration of such commitment may exceed the duration of the contract.

2.5 Cashier’s Check

Proposers are required to submit one cashier’s check in the amount of twenty-five thousand dollars

($25,000) to guarantee Proposers’ obligation to negotiate in good faith and execute a Franchise

Agreement with the City of Tustin at proposed Service Rates. If a Proposer fails, refuses, or neglects to furnish the required cashier’s check, the Proposer’s Proposal will be deemed non-responsive and will not be considered in the evaluation process. The cashier’s check MUST be received by the City and marked with the words “PROPOSAL DEPOSIT” and the Proposal number NO LATER THAN 48 hours after the

Proposal due date and time (i.e., no later than February 3, 2027, at 4:00 pm PT), for the Proposer to be considered responsive. The address to which the cashier’s check can be sent or delivered is:

City of Tustin

Public Works Department

300 Centennial Way

Tustin, CA 92780

Upon receipt of the cashier’s check, the City will notify the submitting Proposer of receipt via email

(provided that contact information for that Proposer has been provided) and immediately deposit the check.

Upon City’s award of a contract, or the City’s closure of the RFP without a contract award, the City will

RFP: City of Tustin Solid Waste Services Page 14 issue reimbursement checks to all Proposers that did not violate this RFP’s requirements in terms of the obligation for good-faith negotiations.

2.6 Proposal Validation Pass/Fail Review

A panel of staff members from the City, as well as any other parties that the City deems necessary

(Evaluation Panel), will conduct an initial “Pass/Fail” review of all Proposals submitted to check for completeness and compliance with the Proposal requirements. Proposals that have been determined to be complete and in compliance with the Proposal requirements will undergo further evaluation. Proposals that are not complete or are not in compliance with the submittal requirements may be disqualified from further evaluation, in which case Proposers will be notified by the City via email.

The following documents are required to be completed and submitted by Proposers:

▪ Proposal Cover Letter (signed)

▪ Executive Summary

▪ A cashier’s check for $25,000 (no later than February 3, 2027, at 4 p.m. PT)

▪ Performance Bond Commitment Letter

▪ Table of Contents

▪ General Qualifications

▪ Statement of Financial Qualifications

▪ Technical Proposal

▪ Forms (see list below)

▪ Service Exceptions/Alternatives

▪ Franchise Agreement Exceptions/Alternatives

▪ Appendices (if applicable)

Forms (See Section 5 of RFP):

▪ Form A: Proposer’s Statement of Organization

▪ Form B: Certification of Non-Gratuities

▪ Form C: Container Specifications

▪ Form D: Vehicle Specifications

▪ Form E: Non-Collusion Affidavit of Proposer

▪ Form F: Service Recipient Service Rate Proposal Summary and Signature

▪ Form G: Pass/Fail Requirements

▪ Form H: References

▪ Form I: Service Rates

2.7 Rejection of Proposals

While the City intends to enter a Franchise Agreement for these services, they are not bound to do so. The

City reserves the right to reject any or all Proposals. The City reserves the right to reject the Proposal of any Proposer who:

▪ Previously failed to perform adequately for the City or any other governmental agency within the previous twelve (12) months.

▪ Submits false, incomplete, or unresponsive statements in a Proposal.

▪ Is in default on the payment of taxes, licenses, or other monies due the City.

▪ Submits a Proposal containing errors or discrepancies.

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2.7.1 Errors/Defects in Proposals

If discrepancies between sections or other errors are found in a Proposal, the City may reject the Proposal;

however, the City may, at its option, correct any errors or request that Proposers correct errors. The City may waive any immaterial deviation or defect in a Proposal. The City’s waiver of an immaterial deviation or defect shall in no way modify the RFP documents or excuse Proposers from full compliance with the RFP requirements, if awarded a contract.

2.8 Proposal Evaluation

Those Proposals that have passed an initial “Pass/Fail” review described below will be evaluated and scored by the Evaluation Panel based on the Evaluation Criteria listed in Attachment 4. A consensus ranking approach will be used for evaluation. The results of the evaluation will determine which Proposer the City selects for award of the Franchise Agreement. The selected Proposer will be expected to enter into a final Franchise Agreement consistent with the requirements, terms, and conditions established by the City through the procurement process. The final Franchise Agreement will be presented to the City

Council with a recommendation for the award of a Franchise Agreement.

The Evaluation Panel may contact Proposer and subcontractor references and request clarification of

Proposal information, contact current or former users of a Proposer’s services, and consider other information reasonably related to the evaluation. Service Rates will not necessarily be controlling.

Proposals will be evaluated based on the criteria identified in Attachment 4, including Service Rates;

Qualifications and Financial Ability; Customer Service and Reliability; Qualifications and Financial Ability;

Exceptions to Agreement; and Sustainability and Innovation. Attachment 4 establishes the specific evaluation criteria and maximum points available for each category.

2.8.1 Service Rates

Proposed Service Rates will be evaluated based on their fairness, competitiveness, overall customer impact, financial sustainability, consistency with the Technical Proposal, and compliance with the requirements of this RFP and the Draft Franchise Agreement. Residential and Commercial Service Rates, as well as the treatment of required City services, will be evaluated as further described in Attachment 4.

Service Rates for hauler-proposed alternatives, as provided for in Section 3.2, Proposal Section 6, will not be included as part of the Service Rates evaluation.

Please note the following:

▪ SFD Base Service Rates are intended to be bundled and inclusive of minimum levels of

Recyclable Materials and Organic Waste (see Section 4.7).

▪ MFD Service will require standard minimum levels of Recyclable Materials and Organic Waste based on number of units (see Section 4.7).

▪ Commercial Service will require standard minimum levels of Recyclable Materials and Organic

Waste (see Section 4.7).

▪ Proposed Service Rates must be based on the required baseline services and terms of the

Draft Franchise Agreement and may not assume City acceptance of any proposed exception, alternative service, or modification to the Draft Franchise Agreement.

▪ Throughout the term of the Franchise Agreement, the selected Proposer may not charge for any service associated with the exclusive services of the Agreement not explicitly included in the final Service Rates.

▪ Throughout the term of the Franchise Agreement, the selected Proposer will not receive any revenue that is not based on approved services as allowable to bill using the schedule of

Service Rates.

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▪ Throughout the term of the Franchise Agreement, adjustments to Service Rates will be as provided for via annual rate adjustments (methodologies provided in Draft Franchise

Agreement).

2.8.2 Customer Service and Reliability

Proposals will be evaluated based on demonstrated service reliability, customer service and billing capabilities, education and outreach approach, and the Proposer’s ability to serve as a responsive and effective partner to the City. See Attachment 4 for the specific evaluation criteria.

2.8.3 Qualifications and Financial Ability

Proposals will be evaluated based on the Proposer’s financial capacity, relevant experience and performance history, qualifications of key personnel and subcontractors, and demonstrated ability to successfully transition to and perform the required services. See Attachment 4 for the specific evaluation criteria.

2.8.4 Exceptions to Agreement

Proposed exceptions to the RFP and Draft Franchise Agreement will be evaluated based on their scope, materiality, and potential risk to the City, including impacts to required services, City protections, and the rate-setting and compensation framework. Proposed Service Rates may not be conditioned upon City acceptance of an exception. Material, excessive, or unacceptable exceptions may result in reduced scoring or elimination from further consideration. See Section 3.2.6 and Attachment 4 for additional requirements and evaluation criteria.

2.8.5 Sustainability and Innovation

Proposals will be evaluated based on the Proposer’s approach to diversion and regulatory compliance, collection and processing operations, environmental and infrastructure impacts, and feasible innovations or environmental stewardship measures that provide measurable benefit to the City or Service Recipients.

See Attachment 4 for the specific evaluation criteria.

2.8.6 Additional Information and Interviews

If, during the evaluation process, the City is unable to determine a Proposer's ability to perform, the City has the option of requesting any additional information which the City deems necessary to determine

Proposer’s ability. Proposers will be notified and permitted five (5) working days to comply with any such request. Proposers may be invited to interview with the City. The City may also schedule site visits / facility tours with Proposers, at its discretion.

2.8.7 Proposal Evaluation and Selection Process

All Proposals shall be reviewed and evaluated by the Evaluation Panel to verify that the Proposer has met the minimum requirements. Proposals that have not complied with requirements do not meet minimum content and quality standards or make unacceptable exceptions to the General Terms and Conditions of the Franchise Agreement will be eliminated from further consideration.

The City reserves the right to reject any or all Proposals, rescind selection of any or all Proposers, or make no award. The City also reserves the right to require modifications and/or follow up with requests for additional information, including, but not limited to, follow‐up interviews. The City may request Best and

Final Offers based upon improved understanding of the offers or changed scope of service. If in its best interest, the City will negotiate with that Proposer to determine final Service Rates and Franchise

Agreement terms. To the extent allowed by law, and because this Proposal is negotiable, all Service Rate proposals will remain confidential until after an award is made, and there will be no public opening and reading of Proposals. At all times, the City will comply with the provisions of the California Public Records

Act. Overall responsiveness to the RFP is an important factor in the evaluation process.

RFP: City of Tustin Solid Waste Services Page 17

2.8.8 Pre-Award Negotiations

After the Proposals are opened, but prior to award, the City may elect to conduct negotiations with the highest ranked Proposer for purposes of:

▪ Resolving minor differences and information

▪ Clarifying necessary details and responsibilities

▪ Emphasizing important issues and points

▪ Receiving assurances from Proposers

▪ Cost/budget clarifications

If the City cannot successfully negotiate a contract with the first selected Proposer, the City may begin negotiations with the second selected Proposer. Selection may be made without further discussion, negotiations, or Proposer’s presentations; therefore, Proposer shall offer the most favorable terms in response to this RFP. The Proposer must demonstrate an understanding of the scope of service to be provided and the ability to accomplish the tasks set forth. Proposer shall include information that will enable the City to determine the Proposer’s overall qualifications. The City reserves the right to request additional information or clarification on any matter included in the Proposal response, to enable the City to arrive at the final award decision.

2.9 Award

Award will be made to the Proposer offering the most advantageous Proposal after consideration of all evaluation criteria set forth in this RFP and Attachment 4. The City Council of the City of Tustin will have final authority over which Proposer is awarded a Franchise Agreement. The City shall not be obligated to award a Franchise Agreement to the Proposer offering the lowest Service Rates. An award, if made, will be in the best interest of the City and its Service Recipients after all factors have been evaluated. The City shall be the sole judge of the successful Proposals hereunder.

The City reserves the right to negotiate with any or all Proposers and to award a Franchise Agreement to the Proposer that is not highest ranked. Proposers are advised that it is possible that awards may be made without discussion or any contact concerning the Proposals received. Accordingly, Proposals must contain the most favorable terms, from a service rate and technical standpoint, that the Proposer can submit to the

City. DO NOT ASSUME you will be contacted or afforded an opportunity to clarify, discuss, or revise your

Proposal.

An award will be made by means of a written Franchise Agreement with the successful Proposer. A

Notification of Intent to Award may be sent to any Proposer selected. Award is contingent upon successful negotiation of a Franchise Agreement and approval by the City Council. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If negotiations cannot be concluded successfully, the City may negotiate with other qualified Proposers. The successful

Proposer will be required to provide the City with the following:

▪ Fully executed Franchise Agreement for Garbage, Recyclable Materials, and Organic

Waste Collection Services.

▪ Performance Bond in the amounts specified in Draft Franchise Agreement.

▪ Insurance Required by Franchise Agreement.

▪ City of Tustin Business License.

▪ W-9 Form.

RFP: City of Tustin Solid Waste Services Page 18

2.10 Protest Procedures

To be considered, protests must be made in writing, signed by Proposer’s authorized representative, and delivered via email to the City as follows:

Stacey Cuevas

SCuevas@tustinca.org

The following conditions apply to Proposal protest:

▪ Before Proposal Submittal Deadline. Protests of specifications, terms, conditions, procedures, or any other aspects of the solicitation must be made before the Proposal

Submittal Deadline.

▪ After Proposal Submittal Deadline. Protest of award must be made, by Proposer, no later than three (3) calendar days after the notice of intent to award.

All protests must include the following information:

▪ The name, address, email, and telephone number of the protestor.

▪ The signature of the protestor (or protestor’s authorized representative).

▪ The RFP title.

▪ A detailed statement of the legal and/or factual grounds for the protest.

The City reserves the right to refuse to hear protestors who have not followed the above procedures.

mailto:SCuevas@tustinca.org

RFP: City of Tustin Solid Waste Services Page 19

SECTION 3.0: Proposal Content and Format

3.1 Proposal Preparation

To be considered responsive, Proposals must address all items identified in this section. Some items require that Proposers provide a detailed response and/or attachments. Failure to provide a complete response may be grounds for rejection of Proposal. Furthermore, Proposals must be prepared in such a way as to provide a straightforward and concise discussion of Proposer’s ability to provide the services that can best satisfy the requirements herein and the needs of the City. Elaborate or unnecessarily lengthy documents are discouraged. Emphasis must be concentrated on conformance to the RFP instructions, responsiveness to the RFP requirements, and completeness and clarity of content. Proposers should assemble and present Proposal response in the order that the items are listed, identifying each response by the corresponding number.

Only one (1) Proposal from any individual, firm, partnership, or corporation under the same or different names will be considered. Proposals by corporations must be executed in the corporate name by two (2) corporate officers. One signature must be from the chairman, president, or vice-president, and the other signature must be from the chief financial officer, assistant treasurer, secretary, or assistant secretary. The corporate address and state of incorporation must be shown below the signature. Proposals by partnerships must be executed in the partnership name and signed by a partner. Their title must appear under their signature, and the official address of the partnership must be shown below the signature.

Proposals by limited liability companies must be executed in the company’s name and signed by a managing member. Exceptions are permitted only when clearly identified in Proposal Section 6 in accordance with Section 3.2.6. The City may reject a Proposal if its exceptions are material, excessive, or unacceptable to the City.

3.2 Proposal Content/Format Guidelines

To expedite the evaluation process, each Proposal shall be organized in accordance with this section as outlined in the table below. Instructions for preparing each section of the Proposal shown in the outline are given in the following sections. In the event of a conflict between any of the Proposal documents, resolution thereof shall be in the City’s sole discretion. Proposers shall provide the information as requested and as applicable to the proposed services. Headings and section numbering utilized in the

Proposal shall be the same as those identified in the table on the following page.

Section Outline for Proposal

1 Cover Letter; Executive Summary; Performance Bond Commitment Letter; Table of Contents

2 General Qualifications

3 Financial Qualifications

4 Technical Proposal

5 Forms

6 Exceptions/Alternatives

7 Appendices

Each Proposal will adhere to the following order and content of sections. Proposals should be straightforward, concise, and provide “layman” explanations of technical terms that are used. Proposals which appear unrealistic in terms of technical commitments, lack technical competence, or are indicative of failure to comprehend the complexity and risk of this contract may be rejected. The City requests that all

Proposers keep the Proposal length to a minimum, yet still conveys the required information.

RFP: City of Tustin Solid Waste Services Page 20

The following Proposal sections are to be included in the Proposer’s response:

3.2.1 Proposal Section 1 – Cover Letter, Performance Bond Commitment Letter, and Table of

Contents

1. Cover Letter: A cover letter, not to exceed three (3) pages in length, should summarize key elements of the Proposal and shall:

a. Confirm that all elements of this RFP have been reviewed and understood.

b. Include a statement of intent to perform the services as outlined.

c. Express Proposer’s willingness to enter into an agreement under the terms and conditions prescribed by this RFP, the associated insurance requirements, and the Franchise Agreement.

d. Include the name(s) of the entity(ies) that will sign the Franchise Agreement, in the event one is awarded.

e. Describe the type of organization (e.g., corporation, partnership, limited liability company, including joint venture teams and subcontractors) submitting Proposal.

f. Indicate the address and telephone number of the Proposer’s office located nearest to Tustin, California, and the office from which the contract will be managed.

g.…