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CC RESOLUTION 1115cl r 6 RESOLUTION NO. 1115. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING SPECIFICATIONS NO. 2 -1950, FOR THE COLLECTION OF GARBAGE AND NON- COMBUSTIBLE RUBBISH IN THE CITY OF EL SEGUNDO, CALIFORNIA. e The City Council of the City of El Segundo, California, does hereby resolve, declare and determine as follows: SECTION 1: That the following specifications, being and to be known as "SPECIFICATIONS NO. 2 -1950 FOR THE COLLECTION OF GARBAGE AND NON - COMBUSTIBLE RUBBISH IN THE CITY OF EL SEGUNDO, CALIFORNIA„, be and the same are hereby adoptedt GENERAL REQUIREMENTS The work to be done under these specifications shall include the furnishing of all labor, material and equipment necessary for the collection of garbage and non - combustible rilbbish within the City of E1 Segundo, as the boundaries now exist or may hereafter alter, and the disposal of such refuse at some point outside of the City. Should the contractor fail to collect and dispose of garbage and non - combustible rubbish set out or placed for collection, as herein provided, at the time required, the City of E1 Segundo may collect the same and dispose thereof, and the contractor shall be liable for the expense incurred. In addition to any other lawful means of effecting reimbusement from the contractor, such expense may be deducted by the City from money due or which may become due the contractor. All truck bodies shall be covered by a clean, suitable, air- tight, waterproof tarpaulin, metal covers, or other satisfactory and acceptable method, when vehicle is being used to transport its contents to the place of disposal. All collections shall be made as quietly as possible, and no unnecessarily noisy trucks or equipment shall be used. Employees of the contractor who are unnecessarily noisy or who violate the provisions of the State Motor Vehicle Code -1- 61 r-p in the operation of the vehicles used in the collection of said materials shall be dismissed upon the demand of the Director of Public Works. SUPERVISION Performance of each of the provisions of the contract shall be under the direction and supervision of the Director of Public Works, and all orders and directions given by said Director of Public Works with regard to the collection and disposal of the garbage and non - combustible rubbish shall be obeyed by the contractor. The contractor shall faithfully and regularly pick up, collect and remove from the City of El Segundo all garbage and non - combustible rubbish in accordance with the specifications hereinafter described. The work shall be done in a thorough and workmanlike manner, under the direction and to the satisfaction of the Director of Public Works of said City. ' "Director of Public Works" shall mean the Director of Public Works of the City of E1 Segundo or his duly authorized representative. EXCLUSIVENESS OF CONTRACT AND TERM The contractor shall have the exclusive duty, right and privilege to collect and remove all garbage and non - combustible rubbish within said City for a period of one year from date of con- tract. The contractor understands and agrees that his obligations extend to all premises in the City of E1 Segundo, including commercial, industrial and residential establishments and areas. In the event of any dispute between the contractor and City as to what is a commercial or industrial establishment or area, the City's determi- nation of such facts, from time to time, through its Director of Public Works, shall be final and conclusive. In return for said exclusiveness of said contract, the con- tractor agrees to collect and dispose of all garbage andrhon- combustible rubbish aca mtulating in said City, without any further compensation from other individuals living within or producing such refuse within said City, except as herein provided. -2- 61-M All garbage and non - combustible rubbish collected by the contractor shall be and become his property from and after the time of collection. The attention of all bidders under these specifications is directed to the fact that there are several large industrial plants and installations in the City of E1 Segundo, which may or may not desire the collection of garbage and non - combustible rubbish from their respective plants and premises, and while the contract must contemplate that they shall have the right to require such collection, nevertheless in those cases where such service is not desired, the Director of Public Works shall have the right to direct the contractor to refrain from collection service to such particular concerns. As to any and all such establishments or concerns, the provisions of these specifications, giving the contractor the exclusive right to handle and dispose of garbage and non - combustible rubbish shall not apply, and the contractor may not insist upon such collection by the contractor, nor object to the disposal by such concerns of their garbage and non - combustible rubbish otherwise than through the City collection service. FEES AND GRATUITIES The contractor shall not, nor shall he permit any agent, employee or subcontractor employed by him, request, demand or accept, either directly or indirectly, any compensation or gratuity from any person, firm or corporation, other than the City, for the collections made therein except as herein provided. GARBAGE This contract is intended to insure the removal of all garbage, as defined in Ordinance No. 159 or amendments thereto, of the City of E1 Segundo, and may be further described as all animal and vegetable refuse from kitchens or households or restaurants, all household waste which has been prepared for or been used for food, or shall have resulted from the preparation of food or table refuse or offal, and every accumulation of animal, vegetable and other matter that attends the preparation, consumption, decay, dealing in or storage of meats, fish, fowls, fruits or vegetables, -3- 64-'o and shall include all garbage which shall have resulted from sorting, or the commercial preparation or processing of food products in canneries, dehydrating plants, pre- serving works, pickling works, or other food manufactures. All garbage, except dead animals, shall be deposited for collection by property owners and tenants, in metal containers, or other sanitary and suitable containers as may be approved by the City Council, equipped with a bail or with handles on both sides thereof, which containers shall have suitable close- fitting covers and shall not con- tain less than three (3) gallons or more than sixteen (16) gallons in capacity. These containers are to be placed by householder at curb or alley as hereinafter provided. Garbage shall be collected at least twice during each calendar week within the residential area, and shall be collected at least three times each week within business districts, except Sundays, and the following holidays: January first, Memorial Day, July fourth, Labor Day, Thanks- giving Day and December twenty- fifth; and on the day or days designated by the Director of Public Works, or the City Council. All garbage shall be collected by means of vehicles equipped with water -tight metal tanks, and shall be covered by a suitable air - tight, waterproof tarpaulin, metal covers, or other satisfactory and acceptable method, so that portions of, or the entire load, shall be covered as the collection of garbage is performed or completed. Bodies of trucks shall be of metal and shall be water -tight so that no material shall leak or be spilled from said trucks on the streets or alleys. Trucks shall be loaded in such a manner that no material shall be spilled in streets or alleys, and, should any be spilled, it shall be immediately cleaned up. A broom and a shovel shall be carried on each truck at all times for this purpose. If -4- 61rr- not so cleaned up by the contractor the 6ity may clean up the same and collect the cost thereof from said contractor as provided above. All garbage - conveying tanks shall be cleaned thorough- ly after the unloading of each load, and before the return of such equipment to any public highway, by flushing with water. At least once daily, both tank and running gear shall be thoroughly cleansed, and shall be disinfected by means of an approved disinfectant, or by the use of live steam, as required. All vehicles and equipment used in the collection of garbage, if kept WITHIN THE BOUNDARIES OF said City, shall be housed in clean, sanitary buildings at all times when not in use in collection of garbage and refuse. Garbage trucks shall not be parked in any residential or business area in said City for more than fifteen (15) minutes, unless prevented from moving by mechanical diffi- culties. The term "business district" shall be deemed to mean that territory described as commercial, industrial or manu- facturing districts in the zoning map of the City of E1 Segundo, and also all that territory abutting upon any public highway or street within said City, when fifty(50) percent or more of the frontage thereon for a distance of three hyndred (300) feet or more, is now or may hereafter be occupied by buildings in use for business purposes. From isolated places of business, collection shall be made pursuant to the order of the Director of Public Works. The term "residence district" shall include all that portion of said City not included within the business or industrial district as herein defined, including also such residences or dwelling structures as may exist in such districts or any area of the City of E1 Segundo. NON - COMBUSTIBLE RUBBISH This contract is intended to insure the removal of all refuse matter as defined by Ordinance No. 159, or -5- 61 117121-11 amendments thereto, of the City of El Segundo, and all refuse not included within the term „combustible rubbish', as the same is defined by Ordinance No. 159. It is understood that the word "rubbish" as used in these specifica- tions is not intended nor shall it be understood to include such personal pro- perty as metal articles and the like which the householder may wish to give or sell to others than this contractor. The intent of the householder shall be deemed to be expressed by his act in placing any rubbish at the curb or in the alley on the scheduled days for collection, in which case the contractor may consider such placement at curb or in alley as prima facie evidence of the intent of the householder to have the rubbish removed under this contract. The contractor shall not be obligated to remove from the City non- combustible rubbish which has originated outside of the City and was brought into said City for the purpose of sorting, manufacturing or other business; or to remove any garbage mixed with either combustible or non - combustible rubbish. All non - combustible rubbish shall be deposited for collection by property owners and tenants in reasonably tight- fitting wooden boxes, barrels or metal containers, each of which, together with the contents thereof, shall not exceed forty (40) pounds in weight; provided, however, that no placement, on any single collection day, shall exceed forty (40) pounds in weight or twelve (12) cubic feet in volume. Notwithstanding the above described limitations, domestic water heaters are to be removed under the provisions of these specifications. The contractor shall collect non - combustible rubbish not less than once each two calendar weeks from all districts, on the day or days fixed for such collection by the Director of Public Works or the City Council. CARE OF CONTAINERS All containers shall be replaced where found. Containers and lids shall not be left in the street or thrown on a neighbor's lot. The contractor, his agents and /or employees shall not throw garbage containers from the truck to the pavement, or in any other way break or damage or roughly handle same. The City reserves the right to withhold compensation under M �.. $,F.a the contract until any claim for damage or broken garbage containers has been paid for or adjusted with the owner of such container. All claims for damages by reason of the misuse or rough handling of garbage containers by the contractor shall be presented to the contractor and a copy thereof filed with the Director of Public Works of the City of E1 Segundo. CONTAINERS TO BE PLACED AT CURB OR ALLEY Unless otherwise directed by the Director of Public Works, all collections of garbage and rubbish shall be made from the curb along the street in front of each dwelling, or the alley in the rear of each dwelling, place of business or human habitation, except where paved alleys exist in the rear of business properties, and from such properties col- lections shall be made from said paved alleys; provided the alleys are of sufficient width to allow easy passage of the trucks and proper space for placing the containers. ENTERING PRIVATE PROPERTY The contractor shall in no event be under any obli- gation to enter private courts or places, or other private property, to make collections under this contract, except in drive -in eating places and drive -in markets where garbage and rubbish are kept in a paved service yard; it shall be picked up from such service yard when deposited there for collection by the owner. PLACE OF DISPOSAL Removal and disposal of such garbage and non- combustible rubbish must be made at a place and in a manner to be devised by the contractor, but outside of the City of E1 Segundo, as it is now constituted or may hereafter be constituted, and not within one -half mile of the said City limits now existing, or as hereafter constituted. The contractor will be required to give proof that he has adequate facilities for disposing of the garbage and refuse for the period of the contract. -7- 6'1 "r4-- COMPENSATION INSURANCE The contractor at all times shall keep fully insured at his own expense, all persons employed by him in connection with the contract, as required by the Workmens Compensation Insurance and Safety Laws of the State of California, and shall hold the City free and harmless from all liability that may arise by reason of the injuries to any employees of the contractor who are injured while performing any work or labor necessary to carry out the provisions of this contract. The contractor shall, during the life of the contract, keep on file with the City Clerk evidence that the contractor is fully and properly insured as required by said laws. LAWSUITS The contractor shall pay any judgment which may be obtained against the City of E1 Segundo, either alone or jointly with said contractor, his agents or employees, for injury or damage to persons or property by reason of the performance or non - performance of the terms of the contract or in connection with the infringement of any patents, pro- vided that if the C# alone be sued for such injury or damage, immediate notice in writing shall be given to the contractor to appear and defend such action. WAIVERS No acquiescence, failure or neglect of either of the contracting parties to insist on strict performance of any or all of the terms hereof shall be considered or con- stitute a waiver of any term or condition of the contract or any performance required thereunder, or any remedy, damage or other liability arising out of such refusal, neglect or inability to perform at any time. ROUTES AND CHANGES The contractor shall prepare and file with the Director of Public Works within five (5) days after the beginning of service, a complete map in triplicate of the 61'%5 refuse disposal district or districts within the City of E1 Segundo. He shall indicate thereon in an appropriate and easily understandable manner and to the satisfaction and approval of the Director of Public Works, the days on which collections of garbage and non - combustible rubbish shall be made throughout the City, in residential and commercial areas respectively. The contractor, at its own expense, shall publish in bold and legible type printing at least once in a newspaper of local circulation and /or by such other means as may be determined to be necessary, the districts and streets and the days of the week on which garbage and non - combustible rubbish shall be collected, and shall furnish to the City an adequate supply of such schedule. Such published notice shall first be submitted to and approved by the Director of Public Works of the City of E1 Segundo. Similar notice shall be published upon the making of any subsequent changes in collection schedules. When any garbage or rubbish is not collected by the contractor, he shall leave a tag at least 2 -7/8" x 5 -3/4" in size, on which he has in- dicated the reasons for his refusal to collect the garbage or rubbish, giving reference to the City Ordinance, or to the section of specifications, or contract, which has been violated, and which gives grounds for his refusal. This information shall be by means of a check system. The tag shall carry the contractorts business or firm name, and his telephone number, and shall be securely fastened to the container or the article refused. A duplicate of each such card issued shall be filed with the Director of Public Works by 9:00 o'clock A. M. of the business day succeeding that upon which such notice was left. Any notice herein required for the information of the public shall give the contractor's name, address and telephone number, in order that inquiries concerning times of collection, etc., may be made to the office of the contractor. OFFICE FOR INQUIRIES AND COMPLAINTS The contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the 61 �r () telephone directory in his own name or in the firm name by which he is most commonly known, and shall at all times during the hours between 8:00 A. M. and 12:00 noon, and 1:00 P. M. to 5:00 P. M. of each day upon which collections are made under the contract, have some person at said office by whom complaints may be received from property owners, tenants or recipients of the refuse disposal service rendered within said City, or from the Director of Public Works. The telephone for said contractor shall be on an exchange satisfactory to the Director of Public Works. REPORTS The contractor shall, in person or by his agent, visit the office of the Director of Public Works at such times as said Director shall from time to time designate, for the purpose of receiving such orders, directions and complaints in regard to the performance of this contract, as the Director of Public Works shall have to give to said con- tractor. The contractor shall report back to the Director of Public Works within 24 hours regarding complaints. A report shall be made to the Director of Public Works, giving the number of tons of garbage, the number of loads of garbage and non - combustible rubbish, or volumes or weights, and any similar information or other data in connection with the collection and disposal service, when requested by the Director of Public Works. ORDINANCES. PERMITS AND LICENSES The contractor shall at all times comply with exist- ing ordinances of the City of E1 Segundo and such other ordinances as the City Council of said City may enact re- lating to the collection, transportation and disposition of garbage and rubbish, and shall conform to Federal, State and local laws now in effect or hereafter enacted, and shall obtain and maintain at his own cost and expense, all neces- sary licenses and permits. The contractor must conform to and abide by all rules and regulations and ordinances of the cities and counties -10- through which garbage and rubbish may be hauled, governing the picking up, hauling and disposing of garbage and rubbish. SURETY BONDS The contractor shall execute and file with the City of E1 Segundo a surety bond executed by the contractor as principal and by a corporate surety authorized to do business in the State of California as surety, to guarantee the faith- ful performance of the contract for the entire period covered by the term of the contract, in the sum of $5,000.00, and a second bond to secure laborers and materialmen in an amount not less than 50% of the bid, said bonds to be subject to the approval of the City Attorney as to form and of the Mayor as to surety. Such bonds shall be made payable to the City of E1 Segundo. DEFAULTS The breach of any of the terms and conditions of the contract on the part of the contractor shall be grounds for the cancellation of the agreement, and the City, upon such termination, shall be at liberty to re -let the work to other parties or to undertake directly the performance of said work without contract, and in either case may hold the contractor and his surety for any excess cost in performing such work over the cost to the City if the initial contractor had continued to perform in the manner anticipated at the time contract was let. Termination of the contract as here- in provided shall not terminate, suspend, or affect the liability of the surety upon the bond. Failure to comply with the terms of these specifica- tions relative to the collection of garbage and rubbish on the part of the contractor by reason of major disaster, epidemic or other great emergency within the City or by reason of the enforcement of Federal, State or locallaws not now in effect, within the City of E1 Segundo, shall not con- stitute a breach of the contract; provided, however, that -11- 618 in no event shall difficulty or inconvenience of the con- tractor in the disposal of garbage and rubbish outside of the City be construed as beyond the ability of the contractor. HOURS OF LABOR AND MINIMUM WAGES In the performance of this contract, eight hours per day shall be the maximum hours of labor in any calendar day. The contractor shall furnish a schedule of classifi- cation and minimum prevailing rates of wages applicable to the classes of work to be performed, together with a schedule of rates the contractor proposes to pay said classi- fication of employee in the performance of his contract with the City of E1 Segundo. ALIEN LABOR PROHIBITED The contractor shall not knowingly employ in the per- formance of the work under said contract, any alien except in cases of extraordinary emergency caused by fire, flood or danger to life or property, and said contractor shall agree to forfeit to the City of E1 Segundo the sum of Ten Dollars ($10.00) for each alien employed by him in the exe- cution of said contract for each and every calendar day, or portion thereof, during which such alien is knowlingly employed, or caused or allowed to be employed. The contractor shall also be bound by and comply with all the provisions of Sections 1850 to 1854, inclusive, of the Labor Code of the State of California. The contractor shall be required to clear all his workmen with the State Department of Employment or such other agency as may be designated by the City Council before such workmen commence work. INITIAL BID The bidder shall specify in his bid a flat monthly (rate of) compensation for which he agrees to perform the collection and disposal service herein described and speci- fied during the calendar months beginning December 1, 1950, and ending May 31, 1951, based upon a one -year term of contract. -12- 61 :9 9 BASIS OF COMPENSATION It is the intention that the bids for the collection of garbage and rubbish shall be based upon the present area and population of the City, and that the initial monthly compensation to be paid the contractor shall be increased in proportion to the number of inhabitants or to enlarge- ment of boundaries of the City. It is also understood that the initial monthly com- pensation shall be decreased if the number of inhabitants served decreases whether such decrease is due to decrease of population or to diminution of the size of the City. It is understood that increase or decrease in number of water meters within the City shall be deemed to accurately reflect the increase or decrease in inhabitants served, and periodic adjustments shall be made to reflect such fluctua- tion in population, as hereinafter described. The initial monthly compensation paid the contractor, which is the amount of his bid for 1950, to May, 1951, both inclusive, and such initial compensation shall monthly compensation upon which the of compensation shall be computed. COUNT OF METERS Upon June 1, 1951, or within ;he months of December, shall not fluctuate, be the basic rate of semi - annual adjustment twenty (20) days there- after, a count shall be made by the Director of Public Works of all active connected water meters, as hereinafter defined, installed in said City, as of that date, as shown by the records of the Water Department of the City of E1 Segundo. He shall also make a similar count of the number of active connected water meters that were installed in the said City upon the beginning date of the contract, viz., as of December 1, 1950, which latter count shall be the basic meter count upon which the subsequent semi - annual adjustment of compensation shall be computed. In the event more than one -13- Of ;0 residential, business or other unit is served through any single meter, the number of meters for such place or establishment for the purposes of the count herein referred to shall be considered and reported as equal to the number of units served through such meters. Count shall be made by the Director of Public Works only of active connected residential, business and industrial water meters in operation in the City and in no event shall more than one meter be counted with respect to each resi- dential occupancy or business. Churches, lodges and the like shall be included in said count, but shall be itemized separately from residential, industrial and commercial meter service. This count shall be reported to the City Clerk, who shall thereupon adjust said count of meters by subtracting therefrom the number, if any, of refuse disposal services officially exempted from refuse collection and disposal charges. Such count so adjusted shall be used by the City Clerk to compute the (monthly) compensation to be paid the contractor during the ensuing six months+ collection period, in the manner hereinafter described. METHOD OF COMPUTING RATE PER METER The meter counts hereinabove described shall be re- ported by the Director of Public Works to the City Clerk, who shall compute the rate per meter in the following manner, viz., the initial monthly compensation shall be divided by the basic meter count, thus establishing a monthly rate or cost per meter. This rate per meter shall prevail through- out the life of this contract. Computation herein described shall be carried to the fourth decimal place. METHOD OF COMPUTING RATE PER MONTH As affecting subsequent payments, the City Clerk shall then multiply the current adjusted count of meters, viz., the count as of June 1, 1951, by the monthly rate per meter as -14- el R1 established in the preceding paragraph, thus establishing a new monthly rate of compensation for collection service, which monthly compensation shall be paid the contractor during the ensuing six months' period. PROTEST The City Clerk immediately upon receipt of count of meters in each instance, as hereinabove provided, shall notify the contractor of said count. Within thirty (30) days of such notification the con- tractor may protest said count or newly established monthly compensation based thereon, in writing, setting forth the reasons for his objection. Should such protest be filed, the contractor and the City Council shall each select an arbitrator, and the two persons so selected shall choose a third arbitrator. These three persons shall constitute a board of arbitration, and they shall settle the dispute as to such count or monthly compensation within fifteen (15) days of the date of their appointment, and shall make written report to the contractor and the City Council setting forth their decision as to what shall be deemed an equitable count or monthly compensation under the circumstances. The contractor and the City shall be bound by the decision of the said board of arbitration and shall be thereafter barred from protesting said count or any payment made pursuant to recommendation of said board of arbitration. In the event the contractor protests the count or (monthly) compensation as herein described, any payments for services based on said count shall be withheld until the final determination and report by said board of arbitration. In the event no protest is filed as herein provided, then the count and (monthly) compensation established by the City Clerk shall be final and binding upon both the City and the contractor. -15- C j 1 SXeB� TIME OF PAYMENT Except as otherwise provided in these specifications, monthly payments shall be made by the City to the contractor as far as possible between the first and twentieth days of each calendar month for services rendered during the pre- ceding calendar month. SUBCONTRACTORS The contract shall not be assigned or transferred without the consent of the City Council by resolution first had and obtained, nor shall any subcontractor be recognized or dealt with by the City Council or any of the persons chargeable with the enforcement of the contract, and the contractor shall at all times be personally responsible for the performance of its conditions. BOND TO ACCOMPANY BID Each bid must be accompanied by a certified or cashierts check, or bidder's bond, or a cash deposit, made payable to the City of El Segundo in the amount of $5,000.00. The check, bond or deposit of the successful bidder will be for- feited to said City in the event such bidder fails or re- fuses for a period of ten (10) days after written notice of award of contract to enter into the required contract pur- suant to the award. BID REJECTION The right is reserved to reject any bid or proposal not suitable in the judgment of the City Council to the best interest of the City, or to reject any and all bids. AFFIDAVIT OF NON - COLLUSION Each bidder shall accompany his bid with an affidavit subscribed and sworn to by him that the said bid is not col- lusive and that said bidder has not filed or presented such bid in collusion with any other bidder. Blank affidavit forms for this purpose will be furnished free on application to the City Clerk. -16- r3 11:r- SECTION 2. That the City Clerk shall certify to the passage and adoption of this resolution; shall cause the original of the same to be entered in the book of resolutions of said City of E1 Segundo, and shall make a minute of the passage and adoption thereof in the records of the proceed- ings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. SECTION 3. That this resolution shall take effect immediately. Passed, approved and adopted this 25th day of October, 1950- Sae 'lEM - MayorAof the City of E1 Segundo, California v "I STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS. CITY OF EL SEGUNDO ) I. Victor D. McCarthy, City Clerk of the City of E1 Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 1115, was passed and adopted by the said City Council, approved and signed by the Mayor pro tem of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 25th day of October, 1950, and that the same was so passed and adopted by the following vote: Ayes: Councilmen Gordon, Peterson, Swanson and Mayor pro tem Thompson. Noes: Councilmen None. Absent: Mayor Selby. WITNESS my hand and the official seal of said City this 25th day of October, 1950 0 ity Clerk of th of (SEAL) -17- E1 Segundo, Californi