HomeMy WebLinkAbout2018-10-22 PT 2018 RFP Appendix A - draft contract as released with RFP
APPENDIX A - RFP DRAFT
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COMPREHENSIVE
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GARBAGE, RECYCLABLES, AND YARD DEBRIS
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COLLECTION SERVICES
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CONTRACT
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City of Port Townsend
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and
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XXXX
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April 1, 2020 – March 31, 2030
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PT Logo
Comprehensive Garbage, Recyclables, and Yard Debris
Collection Services Contract
Table of Contents
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1. DEFINITIONS .........................................................................................................................................1
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2. TERM OF CONTRACT .............................................................................................................................5
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3. CONTRACTOR REPRESENTATIONS AND WARRANTIES ..........................................................................6
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4. SCOPE OF WORK ...................................................................................................................................7
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4.1GCSR ..........................................................................................7
ENERAL OLLECTION YSTEM EQUIREMENTS
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4.1.1 Service Area ..............................................................................................................................7
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4.1.2 Service to Residences on Private Roads and Driveways .............................................................7
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4.1.3 Hours/Days of Collection ..........................................................................................................7
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4.1.4 Employee Conduct ....................................................................................................................7
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4.1.5 Disabled Persons Service ...........................................................................................................8
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4.1.6 Holiday Schedules .....................................................................................................................8
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4.1.7 Inclement Weather ...................................................................................................................8
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4.1.8 Suspending Collection from Problem Customers........................................................................9
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4.1.9 Missed Collections ....................................................................................................................9
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4.1.10 Same Day Collection ............................................................................................................. 10
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4.1.11 Recycling/Yard Debris Quality Assurance .............................................................................. 10
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4.1.12 Routing, Notification and Approval ....................................................................................... 10
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4.1.13 Vehicle and Equipment Type/Age/Condition/Use .................................................................. 10
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4.1.14 Container Requirements and Ownership ............................................................................... 12
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4.1.14.1 Garbage, Recyclables, and Yard Debris Carts ............................................................................................... 12
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4.1.14.2 Detachable Containers and Drop-box Containers ........................................................................................ 13
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4.1.14.3 Ownership .................................................................................................................................................. 14
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4.1.14.4 Container Colors and Labeling ..................................................................................................................... 14
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4.1.14.5 Container Weights ...................................................................................................................................... 15
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4.1.15 Inventory of Vehicles and Facilities........................................................................................ 15
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4.1.16 Spillage ................................................................................................................................. 15
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4.1.17 Disruption Due to Construction ............................................................................................. 16
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4.1.18 Site Planning and Building Design Review ............................................................................. 16
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4.1.19 Safeguarding Public and Private Facilities ............................................................................. 17
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4.1.20 Transition and Implementation of Contract........................................................................... 17
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4.1.21 Performance Review ............................................................................................................. 17
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4.1.22 Continual Monitoring and Evaluation of Operations.............................................................. 18
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4.1.23 Collection/Disposal Restrictions ............................................................................................ 19
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4.1.24 Emergency Response ............................................................................................................ 19
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4.2CS ......................................................................................................................... 19
OLLECTION ERVICES
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4.2.1 Single-Family Residence Garbage Collection ........................................................................... 19
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4.2.1.1 Subject Materials .......................................................................................................................................... 19
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4.2.1.2 Containers .................................................................................................................................................... 20
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4.2.1.3 Specific Collection Requirements .................................................................................................................. 20
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4.2.2 Single-Family Residence Recyclables Collection ....................................................................... 21
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4.2.2.1 Recyclable Materials ..................................................................................................................................... 21
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4.2.2.2 Containers .................................................................................................................................................... 21
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4.2.2.3 Specific Collection Requirements .................................................................................................................. 21
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4.2.3 Single-Family Residence Yard Debris Collection ....................................................................... 21
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4.2.3.1 Subject Materials .......................................................................................................................................... 21
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4.2.3.2 Containers .................................................................................................................................................... 22
City of Port Townsend ii October, 2018
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Collection Services Contract
Table of Contents
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4.2.3.3 Specific Collection Requirements .................................................................................................................. 22
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4.2.4 Multifamily Complex and Commercial Customer Garbage Collection....................................... 23
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4.2.4.1 Subject Materials .......................................................................................................................................... 23
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4.2.4.2 Containers .................................................................................................................................................... 23
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4.2.4.3 Specific Collection Requirements .................................................................................................................. 23
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4.2.5 Multifamily Complex and Commercial Recyclables Collection .................................................. 23
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4.2.5.1 Subject Materials .......................................................................................................................................... 23
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4.2.5.2 Containers .................................................................................................................................................... 24
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4.2.5.3 Specific Collection Requirements .................................................................................................................. 24
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4.2.6 Multifamily Complex and Commercial Customer Yard Debris Collection .................................. 24
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4.2.6.1 Subject Materials .......................................................................................................................................... 24
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4.2.6.2 Containers .................................................................................................................................................... 24
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4.2.6.3 Specific Collection Requirements .................................................................................................................. 25
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4.2.7 Drop-Box Container Garbage Collection .................................................................................. 25
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4.2.7.1 Subject Materials .......................................................................................................................................... 25
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4.2.7.2 Containers .................................................................................................................................................... 25
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4.2.7.3 Specific Collection Requirements .................................................................................................................. 25
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4.2.8 Temporary (Non-Event) Container Customers ......................................................................... 25
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4.2.9 Special Event Services ............................................................................................................. 26
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4.2.10 City Services .......................................................................................................................... 26
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4.2.11 On-call Bulky Waste Collection .............................................................................................. 26
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4.2.12 Excluded Services .................................................................................................................. 27
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4.3COLLECTIONSUPPORTANDMANAGEMENT ................................................................................... 27
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4.3.1 General Customer Service ....................................................................................................... 27
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4.3.2 Specific Customer Service Requirements ................................................................................. 27
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4.3.2.1 Customer Service Representative Staffing ..................................................................................................... 27
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4.3.2.2 City Customer Service ................................................................................................................................... 28
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4.3.2.3 Service Recipient Complaints and Requests .................................................................................................. 28
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4.3.2.4 Handling of Customer Calls ........................................................................................................................... 29
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4.3.2.5 Corrective Measures ..................................................................................................................................... 29
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4.3.2.6 Contractor Internet Website ......................................................................................................................... 29
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4.3.2.7 Full Knowledge of Garbage, Recyclables, and Yard Debris Programs Required .............................................. 30
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4.3.2.8 Customer Communications ........................................................................................................................... 30
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4.3.3 Contractor’s Customer Billing Responsibilities ......................................................................... 31
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4.3.4 Reporting ............................................................................................................................... 32
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4.3.4.1 Monthly Reports ........................................................................................................................................... 33
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4.3.4.2 Annual Reports ............................................................................................................................................. 34
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4.3.4.3 Ad Hoc Reports ............................................................................................................................................. 34
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4.3.5 Promotion and Education ....................................................................................................... 34
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5. COMPENSATION ................................................................................................................................. 35
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5.1CC ................................................................................................... 35
OMPENSATION TO THE ONTRACTOR
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5.2CC ................................................................................................................ 37
OMPENSATION TO THE ITY
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5.3CA ............................................................................................................ 37
OMPENSATION DJUSTMENTS
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5.3.1 Annual CPI Service Component Modification ........................................................................... 37
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5.3.2 Changes in Disposal Fees ........................................................................................................ 38
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5.3.3 Changes in Disposal or Yard Debris Processing Sites ................................................................ 38
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5.3.4 New or Changes in Existing Taxes ........................................................................................... 39
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5.3.5 Changes in Service Provision ................................................................................................... 39
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5.4CL ................................................................................................................................ 39
HANGE IN AW
City of Port Townsend iii October, 2018
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Comprehensive Garbage, Recyclables, and Yard Debris
Collection Services Contract
Table of Contents
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6. FAILURE TO PERFORM, REMEDIES, TERMINATION ............................................................................. 39
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6.1PF ........................................................................................................................... 39
ERFORMANCE EES
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6.2CD ........................................................................................................................... 42
ONTRACT EFAULT
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7. NOTICES .............................................................................................................................................. 43
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8. GENERAL TERMS ................................................................................................................................. 44
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8.1CR............................................................................................................................. 44
OLLECTION IGHT
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8.2AR........................................................................................................................... 44
CCESS TO ECORDS
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8.3I ....................................................................................................................................... 44
NSURANCE
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8.3.1 Minimum Scope of Insurance .................................................................................................. 45
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8.3.2 Minimum Amounts of Insurance ............................................................................................. 46
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8.3.3 Other Insurance Provisions ..................................................................................................... 46
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8.3.4 Acceptability of Insurers ......................................................................................................... 46
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8.3.5 Verification of Coverage ......................................................................................................... 47
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8.3.6 Subcontractors ....................................................................................................................... 47
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8.4PB ......................................................................................................................... 47
ERFORMANCE OND
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8.5I .............................................................................................................................. 47
NDEMNIFICATION
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8.6CI ....................................................................................................... 48
ONFIDENTIALITY OF NFORMATION
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8.7AC ................................................................................................................. 48
SSIGNMENT OF ONTRACT
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8.7.1 Assignment or Pledge of Money by the Contractor .................................................................. 48
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8.7.2 Assignment, Subcontracting, Delegation of Duties .................................................................. 49
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8.7.3CTN ................................................................................................................. 49
HANGE OF RADE AME
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8.8LG/V ................................................................................................................... 49
AWS TO OVERNENUE
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8.9CALR .......................................................................... 49
OMPLIANCE WITH PPLICABLE AWS AND EGULATIONS
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8.10PL ..................................................................................................................... 50
ERMITS AND ICENSES
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8.11RP ................................................................................................................. 50
ELATIONSHIP OF ARTIES
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8.12B .................................................................................................................................. 51
ANKRUPTCY
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8.13RR/A ........................................................................................................ 51
IGHT TO ENEGOTIATEMEND
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8.14FM .............................................................................................................................. 51
ORCE AJEURE
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8.15W ......................................................................................................................................... 52
AIVER
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8.16IC’PRC’RFP ................................................ 52
NCORPORATION OF ONTRACTORS ROPOSAL IN ESPONSE TO ITYS
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8.17DR ....................................................................................................................... 52
ISPUTE ESOLUTION
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8.18E ....................................................................................................................................... 52
NTIRETY
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EXHIBITS:
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EXHIBIT A: Contractor Rates
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EXHIBIT B: Recyclables List
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EXHIBIT C: Rate Modification Example
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City of Port Townsend iv October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Contract
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This Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
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(hereafter, “Contract”), passed by the Port Townsend City Council at its regular meeting on the ____day
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of _____, 2019. This Contract is made and entered into this _______ day of ____________, 2019
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(hereafter the “Date of Execution”), by and between the City of Port Townsend, a municipal corporation
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(hereafter “City”), and ___________________ (hereafter “Contractor”).
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RECITALS
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WHEREAS, the City has conducted a competitive process to select a contractor to provide Garbage,
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Recyclables, and Yard Debris collection services to all residents, businesses, and institutions located
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within the Service Area; and
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WHEREAS, the Contractor, having participated in the competitive process, acknowledges that the City
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conducted a thorough and exhaustive competitive process; and
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WHEREAS, the Contractor, having participated in the competitive process, acknowledges that the City
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had the right at any time during the process to reject any or all of the competitors, regardless of their
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proposals or prices; and
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WHEREAS, having completed the competitive process, the City has selected the best candidate to
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provide the services outlined in the competitive process; and
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WHEREAS, the Contractor represents and warrants that it has the experience, resources, and expertise
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necessary to perform the services as requested in the competitive process; and
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WHEREAS, the City desires to enter into this Contract with the Contractor for the services outlined in the
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competitive process and included below;
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NOW, THEREFORE, in consideration of the mutual covenants, agreements, and promises herein
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contained, the City and Contractor do agree as follows:
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AGREEMENT
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1. DEFINITIONS
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The following definitions apply to terms used in this Contract:
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Administrative Fee: A City-defined fee that is included in Customer rates charged by the Contractor,
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with receipts collected from Customers by the Contractor and remitted to the City as directed in this
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Contract. The Administrative Fee is separate from and distinct from any itemized utility, sales or other
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taxes that may be assessed from time to time.
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Bulky Waste: Discrete items of Garbage of a size or shape that precludes collection in regular collection
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containers. Bulky Waste includes: large appliances (such as refrigerators, freezers, stoves, dishwashers,
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clothes washing machines or dryers), water heaters, furniture (such as chairs or sofas), televisions,
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mattresses, and other similar large items placed at the Curb as discrete separate items. Bulky Waste
City of Port Townsend 1 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
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does not include piles of debris, car parts, construction or demolition debris, any item that would be
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considered Hazardous Waste, or stumps.
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Bins: A set of three nesting and stacking open Recycling bins designed for setting sorted Recyclables at
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the Curb. Each individual bin shall be no less than twelve (12) gallons in capacity.
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Can: A Container that is a water-tight galvanized sheet-metal or plastic container not exceeding four (4)
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cubic feet or thirty-two (32) gallons in capacity; fitted with two (2) sturdy looped handles, one on each
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side; and fitted with a tight cover equipped with a handle.
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Cart: A Contractor-provided 20-, 35-, 45-, 64-, or 96-gallon wheeled Container with attached lid suitable
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for collection, storage, and Curbside placement of Garbage, Recyclables, or Yard Debris. Carts shall be
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rodent and insect resistant.
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Change of Control: The term “Change of Control” means any single transaction or series of related
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transactions by which the beneficial ownership of more than 50% of the voting securities of the
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Contractor is acquired by a person or entity, or by a related or affiliated group of persons or entities,
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who as of the effective date of the Contract do not have such a beneficial interest; provided, however,
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that intra-company transfers, such as transfers between different subsidiaries or branches of the parent
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corporation of the Contractor, or transfers to corporations, limited partnerships, or any other entity
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owned or controlled by the Contractor upon the effective date of the Contract, and transactions
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effected on any securities exchange registered with the U.S. Securities and Exchange Commission, shall
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not constitute a Change in Control.
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City: The word “City” means the City of Port Townsend, in Jefferson County, Washington. As used in the
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Contract, use of the term “City” may include reference to the City Manager or his/her designated
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representative. Where the context makes it apparent, references to staff, streets, rights-of-way,
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activities and things refer to the staff, streets, rights-of-way and activities of the City, and things
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belonging to or located within the City.
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Commercial Customer: Non-Residential Customers, including businesses, institutions, governmental
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agencies, and all other users of commercial-type Garbage collection services.
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Contractor: __________________., which has contracted with the City to provide all Services identified
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in this Contract, including, but not limited to, collecting and delivering Garbage, Recyclables and Yard
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Debris to the City-designated facility.
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Container: Any Bin, Can, Cart, Detachable Container, or Drop-box Container used in the performance of
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this Contract.
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Contract: Refers to this contract for comprehensive garbage, recyclables and compostable collection
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services.
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Contract Term: Refers to the term of this Contract as provided for in Section 2.
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County: Jefferson County in Washington State.
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City of Port Townsend 2 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
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Curb or Curbside: Refers to the Customers’ property, within five (5) feet of the Public Street or Private
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Road (or on the sidewalk without completely obstructing the sidewalk, if there is no Customer property
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within five (5) feet of the Public Street or Private Road) without blocking driveways or on-street parking.
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If extraordinary circumstances preclude such a location, Curbside shall be considered a placement
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suitable to the Customer, convenient to the Contractor’s equipment, and mutually agreed to by the City
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and Contractor.
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Customer: All users of the Contractor’s services within the City.
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Date of Commencement of Service: April 1, 2020, which is the date that the Contractor agrees to
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commence the provision of Services as described throughout this Contract.
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Date of Execution: The date that this Contract is executed by all signatories.
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Day/Days: Calendar days unless otherwise specified.
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Detachable Container: A watertight metal or plastic container equipped with a tight-fitting cover,
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capable of being mechanically unloaded into a collection vehicle, and that is not less than one (1) cubic
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yard or greater than eight (8) cubic yards in capacity.
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Driveway: A privately-owned and maintained way that connects a Residence or parking
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area/garage/carport with a Private Road or Public Street.
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Drop-box Container: An all-metal loose material or compactor container with ten (10) cubic yards or
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more capacity that is loaded onto a specialized collection vehicle.
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Environmental Law: Any applicable federal, state, or local statue, code, or ordinance or federal or state
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administrative rule, regulation, ordinance, order, decree, or other governmental authority as now or at
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any time hereafter in effect pertaining to the protection of human health or the environment
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Extra Unit: Excess material that does not fit in the Customer’s primary Container. In the case of Garbage
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and Yard Debris Cart services, an Extra Unit is 32-gallons and may be contained in either a plastic bag or
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Can. In the case of Garbage Containers one (1) cubic yard or more in capacity, an Extra Unit is 96-gallons.
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Garbage: All putrescible and non-putrescible solid and semi-solid wastes, including, but not limited to,
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rubbish, ashes, industrial wastes, swill, demolition and construction wastes, dead small animals
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completely wrapped in plastic and weighing less than fifteen (15) pounds, and discarded commodities
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that are placed by Customers in appropriate Containers, bags, or other receptacles for collection and
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disposal by the Contractor. Needles or “sharps” used for the administration of medication can be
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included in the definition of “Garbage,” provided that they are placed within a sealed, secure container
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as agreed upon by the City and the Contractor and this handling is consistent with current Jefferson
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County sharps policy. The term “Garbage” shall not include Hazardous Wastes, Source-separated
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recyclable materials, or Source-separated Yard Debris.
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Hazardous Waste: Any hazardous, toxic, or dangerous waste, substance, or material, or contaminant,
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pollutant, or chemical, known or unknown, defined or identified as such in any existing or future local,
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state, or federal law, statute, code, ordinance, rule, regulation, guideline, decree, or order relating to
City of Port Townsend 3 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
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human health or the environment or environmental conditions, including but not limited to any
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substance that is:
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A.Defined as hazardous by 40 C.F.R. Part 261.3 and regulated as hazardous waste by the United
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States Environmental Protection Agency under Subtitle C of the Resource Conservation and
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Recovery Act (“RCRA”) of 1976, 42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid
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Waste Amendments (“HSWA”) of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et
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seq., as may be amended; or any other federal statute or regulation governing the treatment,
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storage, handling, or disposal of waste imposing special handling or disposal requirements
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similar to those required by Subtitle C of RCRA;
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B.Defined as dangerous or extremely hazardous by WAC 173-303-040, as may be amended, and
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regulated as dangerous waste or extremely hazardous waste by the Washington State
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Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.105
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RCW, or any other Washington State statute, regulation or rule governing the treatment,
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storage, handling, or disposal of wastes and imposing special handling requirements similar to
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those required by Chapter 70.105 RCW; and
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C.Any substance that comes within the scope of this definition as determined by the City after the
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Date of Execution of this Contract.
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Any substance that ceases to fall within this definition as determined by the City after the Date of
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Execution of this Contract shall not be deemed to be Hazardous Waste.
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Multifamily Complex: A multiple-unit Residence with five or more attached or unattached dwellings
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billed collectively for collection service.
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On-call: The provision of specified services only upon direct telephone, written, or electronic request of
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the Customer to the Contractor.
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Party: Either the City or the Contractor.
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Parties: The City and Contractor.
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Private Road: A privately-owned and maintained way that allows for access by a service vehicle and
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that serves multiple Residences.
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Public Street: A public right-of-way used for public travel, including public alleys.
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Recycling: The preparation, collection, transport, processing, and/or marketing of Recyclables.
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Recyclables: The materials designated as being partof a Residential or Commercial Recycling collection
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program, as listed in Exhibit C.
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Residence/Residential: A single-family and/or multifamily dwelling individually rented, leased or owned.
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City of Port Townsend 4 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
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Services: Refers to the comprehensive garbage, recyclables and Yard Debris collection and processing
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services provided by the Contractor pursuant to the Contract.
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Service Area: The City’s corporate boundaries as of the Date of Commencement of Service.
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Jefferson County Disposal System: The areas owned, leased, or controlled by Jefferson County,
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Washington for the management of Garbage, Recyclables and Yard Debris as may be authorized by the
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current Jefferson County Comprehensive Solid Waste Management Plan and the Interlocal Agreement
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between the City and Jefferson County.
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Single-Family Residence: All one-unit houses, duplexes, triplexes, four-plexes, and mobile homes that
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are billed for collection service individually and located on a Public Street or Private Road.
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Source-separated: Certain reclaimable materials that are separated from Garbage by the generator for
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recycling or reuse, including but not limited to Recyclables, Yard Debris, and other materials.
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Transition and Implementation Plan: The plan that the Contractor will develop pursuant to Section
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4.1.20 of this Contract.
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Unacceptable Waste: Highly flammable substances, Hazardous Waste, liquid wastes, special wastes,
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certain pathological and biological wastes, explosives, toxic materials, radioactive materials, material
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that the disposal facility is not authorized to receive and/or dispose of, and other materials deemed by
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state, federal or local law, or in the reasonable discretion of the Contractor, to be dangerous or
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threatening to heal or the environment, or which cannot be legally accepted at the applicable disposal
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facility.
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WUTC: The Washington Utilities and Transportation Commission.
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Yard Debris: Leaves, grass, prunings, branches and small trees. Materials larger than four (4) inches in
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diameter or four (4) feet in length are excluded. Bundles of Yard Debris up to two (2) feet in diameter by
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four (4) feet in length and no more than fifty-five (55) pounds, shall be allowed, and shall be secured by
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degradable string or twine, not nylon or other synthetic materials. Un-flocked, undecorated whole
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Christmas trees cut to less than six (6) feet in height are acceptable. Kraft paper bags, or Cans labeled
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“Yard Debris” may also be used to contain extra Yard Debris.
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2. TERM OF CONTRACT
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The Term of this Contract is ten (10) years starting on the Date of Commencement of Service. The City
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and Contractor, may, at the sole option of the City, extend the Contract up to one (1) extension which
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shall not exceed one (1) year in duration. The extension shall be under the original terms and conditions
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of this Contract or as the Contract may have been amended at the time of the extension. To exercise the
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option to extend this Contract, written notice shall be given by the City to the Contractor not less than
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ninety (90) days prior to the expiration of the Contract Term or the expiration of a previous extension.
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City of Port Townsend 5 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
3. CONTRACTOR REPRESENTATIONS AND WARRANTIES
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The Contractor represents and warrants to the City as follows:
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Organization and Qualification. The Contractor is duly incorporated, validly existing, and in good
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standing under the laws of the state of Washington, and has all requisite corporate power and
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authority to enter into and to perform its obligations under this Contract.
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Authority. The Contractor has the authority to execute this Contract, to make the
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representations and warranties set forth in it, and to perform the obligations of the Contractor
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under this Contract in accordance with its terms. This Contract has been validly executed by an
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authorized representative of the Contractor, with the authority to sign on behalf of and bind the
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Contractor, and this Contract constitutes a valid and legally binding and enforceable obligation
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of Contractor.
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Government Authorizations and Consents. The Contractor has or will obtain at its sole cost prior
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to the Date of Commencement of Service any such licenses, permits, and other authorizations
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from federal, state, and other governmental authorities, as are necessary for the performance
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of its obligations under this Contract.
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Compliance with Laws. The Contractor is not in violation of any applicable laws, ordinances, or
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regulations, which may impact the Contractor’s ability to perform its obligations under this
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Contract or which may have any impact on the City. The Contractor is not subject to any order
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or judgment of any court, tribunal, or governmental agency that impacts its operations or assets
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or its ability to perform its obligations under this Contract.
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Accuracy of Information. None of the representations or warranties in this Contract, and none of
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the documents, statements, reports, certificates, or schedules furnished or to be furnished by
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the Contractor pursuant to this Contract or in connection with the performance of the
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obligations contemplated under this Contract, at any time contain or will contain untrue
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statements of a material fact or omissions of material facts.
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Independent Examination. In accepting these responsibilities, the Contractor represents and
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affirms that it has made its own examination of all conditions affecting the performance of this
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Contract, currently and into the future, and of the quantity, quality, and expense of labor,
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equipment, vehicles, facilities, properties, materials needed, and of applicable taxes, permits,
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and applicable laws. The Contractor affirms that within the Service Area it is aware of the
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present placement and location of all Containers. The Contractor represents and warrants that it
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is capable of collecting all Containers from their present locations, and that it is capable of
40
providing service to and collection of Containers in any areas of the Service Area that may be
41
built out or developed during the term of this Contract.
42
City of Port Townsend 6 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
4. SCOPE OF WORK
1
2
4.1 General Collection System Requirements
3
4
5
4.1.1 Service Area
6
7
The Contractor shall provide all Services pursuant to this Contract throughout the entire Service Area.
8
4.1.2 Service to Residences on Private Roads and Driveways
9
10
The Contractor shall provide Curbside service to all Residences located on Private Roads, except as
11
noted in this Section. Drive-in charges are to be used only for requested service on Driveways and are
12
prohibited on Private Roads. The Contractor shall use smaller limited-access service vehicles as
13
necessary to provide service to those Customers.
14
15
In the event that the Contractor believes that a Private Road cannot be safely negotiated or that
16
providing walk-in service on Driveways for Single-Family Residence Customers is impractical due to
17
distance or unsafe conditions, the Contractor may request that the City evaluate on-site conditions and
18
make a determination of the best approach for providing safe and appropriate service to the Customer.
19
The City’s determination shall be final, provided that the Contractor shall not be required to endanger
20
workers, equipment, or property.
21
22
If the Contractor believes that there is a probability of Private Road or Driveway damage, the Contractor
23
shall inform the respective Customer(s) and may require a road damage waiver agreement in a form
24
previously approved by the City. In such event, if the Customer(s) refuse to sign such a road damage
25
waiver, the Contractor may decline to provide service on those Private Roads or Driveways, and the
26
Customer(s) will only be serviced from the closest Public Road access. Such determination that damage
27
is probable must be approved in writing by the City prior to any action or refusal of service by the
28
Contractor.
29
30
4.1.3 Hours/Days of Collection
31
32
All collections from Residential Customers shall be made between the hours of 7:00 a.m. and 6:00 p.m.
33
on a consistent weekday, unless the City authorizes a temporary extension of hours or days. Saturday
34
collection for Residential Customers is allowed to the extent consistent with holiday and inclement
35
weather schedules. Commercial collection shall be offered seven days a week between the hours of
36
7:00 a.m. and 6:00 p.m.
37
38
4.1.4 Employee Conduct
39
40
The Contractor’s employees collecting Garbage, Recyclables, or Yard Debris shall at all times be
41
courteous, refrain from loud, inappropriate or obscene language, exercise due care, perform their work
42
without delay, minimize noise, and avoid damage to public and private property. If on private property,
43
Contractor employees shall follow the regular pedestrian walkways and paths, returning to the street
44
after replacing empty Containers. Contractor employees shall not trespass or loiter, cross flowerbeds,
45
hedges, or property of adjoining premises, or meddle with property that does not concern them or their
46
task at hand. While performing work under the Contract, Contractor employees shall wear a
City of Port Townsend 7 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
professional and presentable uniform with a company emblem visible to the average observer, and
2
carry photo identification on their person. At the City’s option and direction, Contractor employees shall
3
work with groups or organizations, such as neighborhood community organizations, homeowner
4
associations, or the City’s Utilities, Police, or Fire Departments, for training to recognize and call the
5
appropriate agency when suspicious activities are observed.
6
7
If any person employed by the Contractor to perform collection services is, in the opinion of the City,
8
incompetent, disorderly, or otherwise unsatisfactory, the City shall promptly document the
9
incompetent, disorderly, or unsatisfactory conduct in writing and transmit the documentation to the
10
Contractor with a demand that such conduct be corrected. The Contractor shall promptly investigate
11
any written complaint from the City regarding any unsatisfactory performance by any of its employees
12
and take immediate corrective action. The City reserves the right to request at any time that the person
13
be removed from all performance of additional work under this Contract. The Contractor shall remove
14
the employee from Contract work within four hours of City notification.
15
4.1.5 Disabled Persons Service
16
17
The Contractor shall provide carryout service for Garbage, Recyclables, and Yard Debris to Single-Family
18
Residence Customers in cases where no household member has the ability to place Containers at the
19
Curb, at no additional charge. The Contractor shall use criteria that are fair and meet the needs of the
20
City’s disabled residents. These criteria shall comply with all local, state and federal regulations, and
21
shall be subject to City review and approval prior to program implementation, which shall not be
22
unreasonably withheld by the City.
23
24
4.1.6 Holiday Schedules
25
26
The Contractor shall observe the same holiday schedule as the Jefferson County Transfer Stations. When
27
observed holidays fall on a regular collection day, the Contractor shall reschedule the remainder of the
28
week of regular collection to the next succeeding business day, which shall include Saturdays. The
29
Contractor may not collect Single-Family Residence and Multifamily Complex Garbage, Recyclables, or
30
Yard Debris earlier than the regular collection day due to a holiday. Commercial collections may be
31
made one (1) day early only with the consent of the Commercial Customer. Holiday scheduling
32
information shall be included in written program materials, on the Contractor’s web site, and by press
33
releases to general news media in the Port Townsend area by the Contractor the week prior to the
34
holiday affecting service.
35
36
4.1.7 Inclement Weather
37
38
The Contractor shall provide all collection services unless weather conditions are such that continued
39
operation would result in danger to the Contractor’s staff, area residents, or property. In that event, the
40
Contractor shall collect only in areas that do not pose a danger.
41
42
The Contractor shall collect Garbage, Recyclables and Yard Debris from those Customers with
43
interrupted service on their next regularly scheduled collection day. The Contractor shall collect
44
Garbage, Recyclables and Yard Debris from Multifamily Complex and Commercial Customers as soon as
45
safely possible. For all Customers, the Contractor shall collect reasonable accumulated volumes of
City of Port Townsend 8 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
materials equal to what would have been collected on the missed collection day(s) from Customers at
2
no extra charge.
3
4
Weather policies shall be included in program information provided to Customers and on the
5
Contractor’s city-specific webpage. On each inclement weather day, the Contractor shall release notices
6
to local newspapers and radio stations notifying residents of the modification to the collection schedule.
7
8
4.1.8 Suspending Collection from Problem Customers
9
10
The City and Contractor acknowledge that, in rare cases, some Customers may cause disruptions or
11
conflicts that make continued service to that Customer unreasonable. Those disruptions or conflicts may
12
include, but not be limited to, repeated damage to Contractor-provided containers, repeated suspect
13
claims of timely set-out followed by demands for return collection at no charge, repeated
14
unsubstantiated claims of Contractor damage to a Customer’s property, repeated contamination of
15
Recyclables or Yard Debris, or other such problems.
16
17
The Contractor shall make every reasonable effort to provide service to those problem Customers.
18
However, the Contractor may deny or discontinue service to a problem Customer after prior written
19
notice is given to the City of the intent to deny or discontinue service, including the name, service
20
address, reason for such action, and whether reasonable efforts to accommodate the Customer and
21
provide services have occurred and failed. The Customer shall then be shifted to the lowest service level
22
and shall continue to be billed at that rate. If the Customer submits a written letter or e-mail to the City
23
appealing the Contractor decision, the City may, at its discretion, intervene in the dispute. In this event,
24
the decision of the City shall be final. The City may also require the denial or discontinuance of service to
25
any Customer who is abusing the service or is determined to be ineligible.
26
27
4.1.9 Missed Collections
28
29
If Garbage, Recyclables, or Yard Debris are set out inappropriately, improperly prepared, or
30
contaminated with unacceptable materials, the Contractor shall place in a prominent location a written
31
notification tag that identifies the specific problem(s) and reason(s) for rejecting the materials for
32
collection. Failure to provide proper written notification to Customers, per the quality assurance
33
protocol referenced in Section 4.1.11, of the reason for rejecting materials for collection shall be
34
considered a missed collection and subject to performance fees due to lack of proper Customer
35
notification.
36
37
The failure of the Contractor to collect Garbage, Recyclables, or Yard Debris that has been set out by a
38
Customer in the proper manner on the appropriate day shall be considered a missed collection, and the
39
Contractor shall collect the materials from the Customer within one business day of the Contractor’s
40
receipt of notification of the missed pick-up. If the Contractor is notified of a missed pick-up by 9:00 AM
41
the following business day, the missed pick-up shall be collected that same day. The Contractor shall
42
maintain an electronic record of all calls related to missed collections and the response provided by the
43
Contractor. Such records shall be made available for inspection upon request by the City, and the
44
information shall be included in monthly reports. (See Reporting requirements set forth in Section
45
4.3.4).
46
City of Port Townsend 9 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
If the Contractor is requested by the Customer to make a return trip due to no fault of the Contractor,
2
which the Contractor can prove through documentation (e.g., the Containers were not placed at the
3
curb on time and the driver documented that fact in a log, with a photograph, etc.), the Contractor shall
4
charge the Customer an additional return trip fee for this service, provided the Contractor notifies the
5
Customer of this charge in advance and the Customer agrees to payment of the return trip fee. The
6
Contractor will not be liable for a missed collection in such case.
7
8
4.1.10 Same Day Collection
9
10
Garbage, Recyclables, and Yard Debris collection shall occur on the same regularly scheduled day of the
11
week for Single-Family Residence Customers. The collection of Garbage, Recyclables, and Yard Debris
12
from Multifamily Complexes and Commercial Customers need not be scheduled on the same day.
13
14
4.1.11 Recycling/Yard Debris Quality Assurance
15
16
Concurrently with the start of this Contract, the Contractor shall implement an on-route quality
17
assurance program for Recyclables and Yard Debris consistent with industry best management practices
18
for tagging, probationary periods, material rejection, and suspension of service. The quality assurance
19
protocol will address thresholds for when contamination levels trigger Customer contact, when to place
20
a Customer on service probation for possible discontinued collection, when to suspend collection service
21
and remove the subject Containers, and finally but not limited to, procedures to allow a Customer to
22
reinstate and resume service after it has been suspended after following established contamination
23
protocols. The Contractor shall implement the protocol consistently for all Customers and shall notify
24
the City via email of any Customer being handled under the protocol. The City and Contractor shall
25
mutually negotiate and agree on a process reflecting current best management practices used regionally
26
for route monitoring for both Single-family Residential and Commercial/Multifamily sectors. The
27
Contractor and City shall annually update these procedures to ensure that contamination problems are
28
addressed promptly, fairly and consistently for all sectors.
29
30
4.1.12 Routing, Notification and Approval
31
32
The Contractor shall indicate, on a map acceptable to the City, the day of the week Garbage, Recyclables
33
and Yard Debris shall be collected from each Single-family Residence.
34
35
The Contractor may change the day of collection by giving notice at least thirty (30) days prior to the
36
effective date of the proposed change to and obtaining written approval from the City. On the City’s
37
approval, the Contractor shall provide affected Customers with at least fourteen (14) days written,
38
telephone, and/or e-mail notice of pending changes of collection day. The Contractor shall obtain the
39
prior written approval from the City of the notice to be given to the Customer, such approval shall not
40
be unreasonably withheld.
41
42
4.1.13 Vehicle and Equipment Type/Age/Condition/Use
43
44
The Contractor shall use collection vehicles no older than ten (10) years old (based on chassis model
45
year) for Garbage, Recyclables, and Yard Debris collection services performed under this contract under
46
this Contract. The Contractor shall retain one useable back-up vehicle locally for each type of truck used
47
in the performance of this Contract. Back-up vehicles used fewer than thirty (30) operating days a
City of Port Townsend 10 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
calendar year shall not be subject to the age that apply to regularly-used vehicles, but shall be
2
presentable, shall be in safe working order, and shall be subject to all other conditions of this section.
3
The accumulated annual use of individual back-up vehicles shall be reported in the Contractor’s monthly
4
report.
5
6
Vehicles used in the performance of this Contract shall be of sufficient size and dimension to provide
7
service to all Customers, regardless of location. In some cases, this may mean that a small collection
8
vehicle, capable of servicing narrow and/or tight locations must be used, and the Contractor shall make
9
such vehicles available to ensure smooth and effective collection services throughout the Service Area.
10
11
Vehicles shall be maintained in a clean and sanitary manner, and shall be thoroughly washed at least
12
once each week. All collection equipment shall have appropriate safety markings, including all highway
13
lighting, flashing and warning lights, clearance lights, and warning flags, all in accordance with current
14
statutes, rules and regulations. Equipment shall be maintained in good condition at all times. Vehicles
15
shall be repaired and/or have damaged areas repainted upon showing rust on the body or chassis or at
16
the request of the City. All parts and systems of the collection vehicles shall operate properly and be
17
maintained in a condition compliant with all federal, state, and local safety requirements and be in a
18
condition satisfactory to the City. All vehicles shall be equipped with variable tone or proximity activated
19
reverse movement back-up alarms.
20
21
The Contractor shall maintain collection vehicles and Containers to ensure that no liquid wastes (e.g.,
22
Garbage or Yard Debris leachate) or oils (e.g., lubricating, hydraulic, or fuel) are discharged to Customer
23
premises or streets. All collection and route supervisor vehicles used by the Contractor shall be
24
equipped with a minimum 10-gallon capacity spill kit. Any equipment not meeting these standards shall
25
not be used within the Service Area until repairs are made. Clean-up of any discharge of liquid wastes or
26
oils that may occur from Contractor’s vehicles or Containers prior to them being removed from service
27
shall be initiated within three (3) hours of being noticed/notified by route staff, customers, or the City,
28
and shall be remediated by the Contractor at its sole expense. Such clean-up or removal shall be
29
documented with pictures, and notice of such clean-up or removal shall be provided to the City in
30
writing. The Contractor shall notify the City-designated spill reporting telephone number of any spills
31
that enter drainages within four hours. Failure by the Contractor to clean-up or remove the discharge in
32
a timely fashion to the satisfaction of the City shall be cause for performance fees, as described in
33
Section 6.1. The Contractor shall notify the City and the Customer of any leakage from non-Contractor-
34
owned Containers within four hours of observation so that those spills may be addressed in a timely
35
manner.
36
37
No advertising shall be allowed on Contractor vehicles other than the Contractor’s name, logo, customer
38
service telephone number, and website address, unless otherwise previously approved in writing by the
39
City. Special promotional messages may be permitted by the City; provided they are either painted
40
directly on vehicles or on special placards attached to vehicles. The City’s approval shall be in writing
41
and solely within the City’s discretion. The City will provide the Contractor with policy timelines for
42
reporting spills versus driving complaints to the City. Spills should be reported within four hours to the
43
City as directed by the City’s reporting policies, which will be provided to the Contractor by the City.
44
45
All Contractor route, service, and supervisory vehicles shall be equipped with properly licensed two-way
46
communication equipment. The Contractor shall maintain a base station or have equipment capable of
City of Port Townsend 11 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
reaching all collection areas. Collection vehicles shall also be equipped with back-up cameras, as well as
2
route-recording cameras integrated with their on-board route management system.
3
4
All collection vehicles shall be equipped with global positioning systems (GPS), as well as an on-board
5
computer and data tracking system to track route progress and log non-set-outs, extras, and other
6
service issues. The system shall incorporate photo documentation of route exceptions. The Contractor’s
7
drivers shall be fully trained and required to use these systems. The resulting data shall be uploaded to
8
the Contractor’s Customer service database no less than daily to allow Customer service personnel to be
9
fully apprised of route progress, and be able to address misses and other Customer inquiries in near
10
real-time.
11
12
4.1.14 Container Requirements and Ownership
13
14
Contractor Garbage fees included in Exhibit B include all costs of the associated Containers unless
15
Container rental for a particular service is specifically listed in Exhibit B, such as rent for Drop-box
16
Containers.
17
18
Single-Family Residence, Multifamily Complex, and Commercial Customers must use Contractor-
19
provided Containers for their initial Container of Garbage collection service, with the exception of
20
compacting Drop-box Containers, which may be Customer-owned or –leased from other parties. Plastic
21
bags or Cans may be used for excess volumes of Garbage, but not as a Customer’s primary container.
22
23
In the event the Customer uses a Can for Extra Units, the Contractor shall handle the Customer-owned
24
Garbage Container in such a way as to prevent undue damage. The Contractor shall be responsible for
25
unnecessary or unreasonable damage to Customer-owned Containers.
26
27
All Contractor-provided Containers shall be permanently, clearly, and prominently screened, molded-in,
28
molded-on, imprinted, or otherwise labeled in a fashion that any reasonable person can readily
29
determine the size capacity and material preparation requirements of the Container. Contractor-
30
provided Containers shall not be screened, molded-in, molded-on, imprinted, or otherwise permanently
31
labeled with the Contractor’s logo or company name.
32
33
4.1.14.1 Garbage, Recyclables, and Yard Debris Carts
34
35
The Contractor shall provide a 20-, 35-, 45-, 64-, and 96-gallon Carts for the respective level of Garbage
36
collection, Bins for Recyclables collection, and 20-, 35-, 64-, and 96-gallon Carts for Yard Debris
37
collection. All Bins and Carts used at the start of this Contract shall be new. All Carts shall be
38
manufactured from a minimum of fifteen percent (15%) post-consumer recycled plastic, with a lid that
39
will accommodate a label. Carts shall be provided to requesting Customers within seven (7) days of the
40
Customer’s initial request. All Carts must have materials preparation instructions and telephone and
41
website contact information printed on a sticker on the lid.
42
43
All Contractor-provided Carts shall be maintained by the Contractor in good condition for material
44
storage and handling; contain no jagged edges or holes; contain wheels or rollers for movement and be
45
equipped with an anti-skid device or sufficient surface area on the bottom of the container to prevent
46
unwanted movement. Carts shall contain instructions for proper use, including any Customer actions
City of Port Townsend 12 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
that would void manufacture warranties (such as placement of hot ashes in the container causing the
2
container to melt), and procedures to follow to minimize potential fire problems.
3
4
Collection crews shall note damaged hinges, holes, poorly functioning wheels, and other similar repair
5
needs for Contractor-provided Carts (including those for Garbage, Recyclables, and Yard Debris), and
6
forward written or electronic repair notices that same day to the Contractor’s service personnel. Repairs
7
shall then be made within seven (7) days at the Contractor’s expense. Any Cart that is damaged or
8
missing on account of an accident, collection truck mechanical error, act of nature or the elements, fire,
9
or theft or vandalism by a third party shall be replaced not later than three (3) business days after notice
10
from the Customer or the City. In the event that a Cart is inadvertently lost into a collection vehicle
11
during collection due to mechanical or operator error, Customers shall be notified on the same day via a
12
door knocker tag of the incident and a replacement cart shall be provided within twenty-four hours of
13
the loss. Replacement Carts may be used and reconditioned, but shall be presentable and cleaned
14
before delivered to the Customer. Unusable Containers shall be cleaned (if necessary) and recycled to
15
the extent possible.
16
17
In the event that a Customer repeatedly damages a Container or requests more than one replacement
18
Container during the term of the Contract due to negligence or intentional misuse, the Contractor shall
19
forward in writing the Customer’s name and address to the City. The City shall then attempt to resolve
20
the problem. In the event that the problem continues, the Contractor may charge the Customer a City-
21
approved Container repair or replacement fee and/or discontinue service to that Customer, provided
22
the City provides previous written approval.
23
24
4.1.14.2 Detachable Containers and Drop-box Containers
25
26
The Contractor shall furnish and install 1-, 1.5-, and 2-cubic yard Detachable Containers, and 10-, 20-,
27
30-, and 40-cubic yard non-compacted Drop-box Containers to any Customer who requires their use for
28
storage and collection of Garbage or Recyclables within three (3) days of the Customer’s request.
29
Containers shall be located on the premises in compliance with any related ordinance, and a manner
30
satisfactory to the Customer and for collection by the Contractor. Customer containers shall be supplied
31
by the Contractor, with the exception of compactors.
32
33
The Contractor shall charge rent for temporary and permanent Drop-box Container service in
34
accordance with Exhibit B. The Contractor may not charge Customers any additional fees, charges, rates,
35
or any expenses in connection with Drop-box Container service other than the applicable fees listed in
36
Exhibit B.
37
38
Detachable Containers shall be watertight and equipped with tight-fitting metal or plastic covers; have
39
four (4) wheels for Containers unless site-specific concerns dictate the use of a non-wheeled Container;
40
be in good condition for Garbage or Recyclables storage and handling; be safe for the intended use; and,
41
have no leaks, jagged edges, or holes. Drop-box Containers shall be all-metal, and if requested by a
42
Customer, equipped with a tight-fitting screened or solid cover operated by a winch in good repair.
43
44
Detachable Containers shall be cleaned, reconditioned, and repainted (if necessary), at the Contractor’s
45
expense before being supplied to a Customer who had not used it earlier. The Contractor shall provide a
46
fee-based On-call Container cleaning service to Customers.
47
City of Port Townsend 13 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
As between the Contractor and the City, all Containers on Customers’ premises are at the Contractor’s
2
risk and not the City’s. The Contractor shall repair or replace within one business day any Container that
3
was supplied by or taken over by the Contractor and was in use if the City Code Compliance Inspector,
4
Jefferson County Health Department inspector, or other agent having safety or health jurisdiction
5
determines that the Container fails to comply with reasonable standards or constitutes a health or
6
safety hazard. The Contractor shall place Detachable Containers in areas mutually agreed upon by the
7
Contractor and Customer with the least slope and best vehicle access possible. For Customers that must
8
stage their Detachable Containers on Public Streets or on significantly sloped hills, the Contractor shall
9
make a good faith effort to work with the Customer to ensure that Detachable Containers are not left
10
unattended in potentially problematic staging areas and are sufficiently restrained such that the
11
Container may not roll and cause harm to persons or property. The Contractor may require a Customer
12
to attend to the Containers immediately prior to and after collection. Any disputes arising between the
13
Contractor and a Customer as to what constitutes a “significantly sloped hill” or a “safety hazard” shall
14
be submitted in writing to the City, and the City’s decision shall be final. Containers shall be replaced
15
after emptying in the same location as found, with the lid closed.
16
17
In the event that a Customer damages a Detachable Container or Drop-box Container due to negligence
18
or intentional misuse, the Contractor may charge the Customer a City-approved Container repair or
19
replacement fee and/or discontinue service to that Customer, provided the City provides previous
20
written approval.
21
22
4.1.14.3 Ownership
23
24
At the end of the Contract Term or in the event the Contract is terminated for any reason, all Containers
25
used by Contractor to provide Contract Services, shall, at the option of the City, revert to City ownership
26
without further compensation to the Contractor. Temporary Containers, Compactor Drop-boxes leased
27
to Customers outside of this Contract, and all Containers held in reserve at the Contractor’s yard and not
28
actively in service at a Customer location are excluded from this provision.
29
30
The City may elect to assign this potential ownership of the Containers to a third-party, and shall provide
31
written notice to the Contractor. Any remaining warranties associated with the Containers described
32
herein shall be transferred to the City or the City’s assignee.
33
34
The City in advance accepts all such Containers in their “as-is, where-is” condition and without any
35
express or implied warranty by the Contractor of any kind, including but not limited to any warranty of
36
fitness for any particular purpose or any warranty of merchantability. As between the City and the
37
Contractor, the City assumes all risks of loss or liability on account of the City’s exercising of its rights
38
under this Section 4.1.14.3 or any use made of any such Containers after they become the property of
39
the City or assignee of the City.
40
41
4.1.14.4 Container Colors and Labeling
42
43
Contractor-provided Carts and Detachable Containers for Recyclables shall be blue, Yard Debris Carts
44
shall be green, and Carts and Detachable Containers for Garbage shall be grey. Sets of Recycling Bins
45
shall be a uniform set of colors for all Customers. Specific Container colors shall be approved in writing
46
by the City prior to the Contractor’s order of new Containers.
47
City of Port Townsend 14 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
All Containers shall be labeled with instructional information and contact information that include both
2
a customer service phone number and website address. All labels shall be approved by the City prior to
3
ordering by the Contractor. Location of the label on Containers shall be subject to the City’s prior
4
approval. Labels shall be redone when faded, damaged, or upon the City or customer request. Should
5
any changes be made to the Garbage, Recycling, or Yard Debris collection program, the Contractor at
6
their sole expense shall reproduce and reaffix labels on all Containers.
7
8
All Detachable Containers and Drop-box Containers to be used for Garbage or Recyclables collection
9
shall have materials preparation instructions and telephone/contact information, including both a
10
customer service phone number and a website address, printed on a sticker, and subject to the prior
11
written approval of the City. All Detachable Containers and Drop-box Containers to be used for Garbage
12
or Recyclables shall have a sticker affixed that states: “Leaky dumpster? Damaged Lid?” and provides a
13
phone number to call for repair or replacement. Information shall be printed in a size that is easily read
14
by the users, on durable UV-resistant label stock squarely affixed to each Container. All labels shall be
15
approved in writing by the City prior to ordering by the Contractor. Location of the label on the
16
Containers shall be subject to the City’s prior written approval.
17
18
Containers used for the collection of Recyclables from Multifamily Complex and Commercial Customers
19
shall be relabeled by the Contractor if labels fade or are unreadable, or upon City’s request for any
20
individual Container.
21
22
4.1.14.5 Container Weights
23
24
The Contractor shall not be required to lift or remove materials from any Container exceeding the safe
25
working capacity of the Container, lifting mechanism or collection vehicle. For Drop-box Containers, the
26
combined weight of the Drop-Box and contents must not cause the collection vehicle to exceed legal
27
road weight limits.
28
29
Any loose Extra Units that are not place in a Container and must be manually loaded shall be limited to
30
fifty (50) pounds per bag or bundle unless otherwise authorized by the Contractor.
31
32
4.1.15 Inventory of Vehicles and Facilities
33
34
The Contractor shall provide to the City, on the Date of Commencement of Service of this Contract, a
35
complete initial inventory of the vehicles and facilities to be used in the performance of this Contract.
36
The inventory shall include each vehicle (including chassis model year, type of body, material collected,
37
capacity, model, and vehicle identification number) and each facility to be used in performance of this
38
Contract (including address and purpose of the facility). The Contractor may change vehicles and
39
facilities from time to time, and shall include the revised inventory in the monthly report provided for in
40
Section 4.3.4.1. The Contractor shall maintain vehicles and facilities levels during the performance of this
41
Contract at least equal to those levels described in the initial inventory. The City reserves the right to
42
request maintenance history logs for vehicles or equipment during the performance of this Contract.
43
44
4.1.16 Spillage
45
City of Port Townsend 15 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
All loads collected by the Contractor shall be completely contained in collection vehicles at all times,
2
except when material is actually being loaded. Hoppers on all collection vehicles shall be cleared
3
frequently to prevent the occurrence of unnecessary blowing, leakage, or spillage.
4
5
Any leakage or spillage of materials upon the road surface or exposed appurtenances that occurs during
6
collection shall be cleaned up or removed by the Contractor within four hours of occurrence at its sole
7
expense. Any associated spillage or leakage entering the City’s municipal storm system shall be cleaned
8
promptly by Contractor staff, to the extent possible. The Contractor shall be responsible for all City’s
9
costs in the event that City staff or contractors are required for spill containment or cleaning due to the
10
Contractor’s action. The Contractor shall document the fluid leakage, including taking pictures before
11
and after clean-up or removal, and shall provide this documentation to the City. Leakage or spillage not
12
cleaned up or removed by the Contractor within the required time frame shall be cause for performance
13
fees, and may be subject to State and Federal fines.. If leakage or spillage occur during collection, the
14
Contractor shall notify the designated City contact. Contractor expressly acknowledges it is solely
15
responsible for any local, state, or federal violations, which may result from any leakage or spillage.
16
17
Any leakage or spillage of materials that occurs during collection that is reported by Customers or the
18
City shall be cleaned up or removed by the Contractor within four hours at its sole expense. The
19
Contractor shall document the reported leak or spillage, who reported the incident, and measures made
20
to correct the incident and report this information via e-mail to the Contract administrator within three
21
(3) hours. Failure of the Contractor to comply shall be cause for performance fees, as described in
22
Section 6.1.
23
24
Any Contractor-supplied Container determined by the City to be leaking shall be replaced by the
25
Contractor within one business day of notification from the City. Failure of the Contractor to comply
26
shall be cause for performance fees, as described in Section 6.1.
27
28
4.1.17 Disruption Due to Construction
29
30
The City reserves the right to construct any improvement or to permit any such construction in any
31
Public Street in such manner as the City may direct, which may have the effect for a time of preventing
32
the Contractor from traveling the accustomed route or routes for collection. However, the Contractor
33
and the City shall develop a reasonable workaround to enable the Contractor to continue to collect
34
Garbage, Recyclables, and Yard Debris to the nearest extent possible as though no interference existed
35
upon the streets or alleys normally traversed. This shall be done at no extra expense to the City or the
36
Contractor’s Customers.
37
38
4.1.18 Site Planning and Building Design Review
39
40
The Contractor shall, upon request and without additional cost, make available site planning assistance
41
to either the City and/or property owners. The site planning assistance shall be available for all new
42
construction or remodeling of buildings and structures within the Service Area, and shall address the
43
design and planning of Garbage, Recyclables and Yard Debris removal areas and their location upon the
44
site of the proposed construction or remodeling project. Contractor planning assistance for optimizing
45
loading docks and other areas shall also be available for existing building managers when realigning
46
Garbage, Recyclables and Yard Debris services.
47
City of Port Townsend 16 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
4.1.19 Safeguarding Public and Private Facilities
2
3
Contractor shall protect all public and private improvements, facilities, and utilities whether located on
4
public or private property, including streets, signs/posts, light poles, planting strips, and trees. If such
5
improvements, facilities, utilities, or streets are damaged as a result of Contractor’s operations,
6
Contractor shall notify the City in writing of all damage within four hours, and Contractor shall repair or
7
replace the same or pay the City for the costs of repairs, including overhead and administrative costs. If
8
the damage creates an immediate public safety issue that requires an immediate response, Contractor
9
shall, along with notifying the City in writing, call the City to inform them of such matter. If Contractor
10
fails to do so promptly, as determined by the City, the City shall cause repairs or replacement to be
11
made, and the cost, including overhead and administrative costs, of doing so shall be paid by the
12
Contractor. The Contractor shall be liable for any damage to property or person caused by the actions of
13
Contractor, and the Contractor shall indemnify and hold the City harmless for any such damage or legal
14
implications from those actions.
15
16
4.1.20 Transition and Implementation of Contract
17
18
The Contractor shall develop, with the City’s input and prior written approval, and submit to the City no
19
later than thirty (30) days after the Date of Execution of this Contract, a Transition and Implementation
20
Plan for introducing the new and revised services to the different Customer sectors (i.e., Single-family,
21
Multifamily Complex, and Commercial Customers), and detailing a specific timeline as to when different
22
activities and events will occur, including details of Container delivery, how different events impact
23
other events in the timeline and the process to be used to ensure that implementation occurs with no
24
disruption. The Transition and Implementation Plan shall cover the entire period following the Date of
25
Execution of this Contract, up through and including the six (6) month period following the Date of
26
Commencement of Service. The Contractor shall separately describe in detail what is involved with each
27
of the activities and events listed in the timeline. The Transition and Implementation Plan shall
28
specifically address how the Contractor intends to proceed in the event of inclement weather and what
29
contingency plans will be in place to accelerate implementation if Container delivery or other planned
30
activities are impacted by inclement weather.
31
32
The Contractor shall be responsible for funding all the design, development, printing, sorting, mail prep,
33
delivery, and mailing costs, including the cost of the postage-prepaid mail-back cards and any costs
34
associated with the website ordering services, and of all new and continuing service and educational
35
materials described above and needed to comply with the Transition and Implementation Plan outreach
36
described in this section of the Contract.
37
38
Any additional promotional, educational, informational, and outreach materials provided by the
39
Contractor to Customers in connection with the initial transition and implementation of the Contract
40
shall be designed, developed, printed, and delivered by the Contractor unless otherwise directed by the
41
City, at the Contractor’s cost, and subject to the City’s prior review and written approval and the City’s
42
final approval as to method of delivery. The City will be provided a minimum of two (2) weeks to review
43
any of the materials included in the Contractor’s Transition and Implementation Plan schedule to allow
44
sufficient time for the City prior review and written approval.
45
46
4.1.21 Performance Review
47
City of Port Townsend 17 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
The City may, at its option, and upon reasonable notice to the Contractor, conduct a review of the
2
Contractor’s performance under this Contract. If conducted, the performance review shall include, but is
3
not limited to, a review of the Contractor’s performance relative to requirements and standards
4
established in this Contract, including Customer service standards. The Contractor agrees to fully
5
cooperate with the performance review and work with City staff and consultants to ensure a timely and
6
complete review process.
7
8
The results of the performance review shall be presented to the Contractor within thirty (30) days of
9
completion. Should the City determine that the Contractor fails to meet the Contract performance
10
requirements and standards, the City shall give the Contractor written notice of all deficiencies. The
11
Contractor shall have sixty (60) days from its receipt of notice to correct deficiencies to the City’s
12
satisfaction. If the Contractor fails to correct deficiencies within sixty (60) days, the City may allow the
13
Contractor additional time to comply, accept other remedies for the service failure or proceed with the
14
contract default process pursuant to Section 6.2 of this Contract, at the City’s sole option.
15
16
The costs of the development and implementation of any action plan required under this Section 4.1.21
17
or Section 6.1 for the purpose of addressing failures on the part of the Contractor to perform in
18
accordance with the terms and conditions of this Contract shall be paid for solely by the Contractor, and
19
the costs of developing or implementing such action plan may not be passed on to Customers or the
20
City, or included in rates or fees charged Customers.
21
22
The City may, at its option, and upon reasonable notice to the Contractor, design and implement an
23
alternative annual Contract compliance monitoring program with or without Contractor performance
24
incentives. If such a program is desired by the City, the City and Contractor agree to negotiate in good
25
faith the monitoring methodologies used to ensure accurate and unbiased sampling of performance
26
data. The City shall bear the costs of City staff, City-retained consultants and performance incentives (if
27
used) and the Contractor shall bear the costs of Contractor staff and route costs to perform the
28
monitoring.
29
30
4.1.22 Continual Monitoring and Evaluation of Operations
31
32
The Contractor’s supervisory and management staff shall be available to meet with the City at either the
33
Contractor’s office or Port Townsend City Hall, at the City’s option, on a weekly basis during the period
34
three months before and two months after the Date of Commencement of Service and monthly
35
throughout the term of the Contract to discuss operational and Contract issues.
36
37
The Contractor shall continually monitor and evaluate all operations to ensure that compliance with the
38
provisions of this Contract is maintained.
39
40
The City may periodically monitor collection system parameters such as participation, Container
41
condition, contents weights, and waste composition. The Contractor shall assist and fully cooperate with
42
the City by coordinating the Contractor’s operations with the City’s periodic monitoring to minimize
43
inconvenience to Customers, the City, and the Contractor. The Contractor also shall provide full access
44
to equipment, processing facilities, route and Customer service data, safety records, and other
45
applicable information. The City’s review of Contractor activities and records shall occur during normal
46
office hours and shall be supervised by the Contractor’s staff.
47
City of Port Townsend 18 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
4.1.23 Collection/Disposal Restrictions
2
3
Unless otherwise directed by the City, all Garbage, Recyclables, and Yard Debris, shall be delivered to
4
the Jefferson County Disposal System in compliance with all County rules regarding delivery. All
5
material streams (Garbage, Recyclables, and Yard Debris) shall be weighed before unloading.
6
7
The Contractor shall not knowingly collect or dispose of Unacceptable Waste or other hazardous
8
materials that are either restricted from disposal or would pose a danger to collection crews. If materials
9
are rejected for this reason, the Contractor shall leave a written notice in a prominent location with the
10
rejected materials listing why they were not collected and providing the Customer with a contact for
11
further information about proper disposal options for such materials.
12
13
Title to and liability for any Unacceptable Wastes that are included with any materials collected under
14
this Contract by Contractor despite the City’s and Contractor’s attempts to prevent the inclusion of such
15
materials shall not pass to Contractor, but shall remain with the party from whom such Unacceptable
16
Waste or any such other materials or substances is received.
17
18
4.1.24 Emergency Response
19
20
Contractor shall assist the City in the event of a disaster or emergency declaration. Contractor services
21
shall be provided as soon as practical upon City direction and paid at the Contract rates in Exhibit B.
22
23
Contractor shall keep full and complete records and documentation of all costs incurred in connection
24
with disaster or emergency response, and include such information in the monthly and annual reports
25
required under Section 4.3.4. Contractor shall maintain such records and documentation in accordance
26
with the City’s prior written approval and any standards established by the Federal Emergency
27
Management Agency, and at the City’s request, shall assist the City in developing any reports or
28
applications necessary to seek federal assistance during or after a federally-declared disaster.
29
4.2 Collection Services
30
31
32
4.2.1 Single-Family Residence Garbage Collection
33
34
4.2.1.1 Subject Materials
35
36
The Contractor shall collect all Garbage placed at Curbside for disposal by Single-Family Residence
37
Customers in, and properly prepared and contained materials adjacent to Cans, bags, and Garbage
38
Carts.
39
City of Port Townsend 19 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
4.2.1.2 Containers
2
3
The Contractor shall provide collection Containers to Customers at no additional charge as part of the
4
Customer-chosen service level. Garbage Carts shall be delivered by the Contractor to Single-Family
5
Residence Customers within seven (7) days of the Customer’s initial request. Each Customer’s initial
6
Container must be Contractor-provided Container, provided that Garbage in excess of the Customer’s
7
initial Container may be bundled or placed in a Customer-owned Can or plastic bag.
8
9
4.2.1.3 Specific Collection Requirements
10
11
The Contractor shall offer regular every-other-week collection of the following service levels:
12
13
1.One 20-gallon Garbage Cart;
14
2.One 35-gallon Garbage Cart;
15
3.One 45-gallon Garbage Cart;
16
4.One 64-gallon Garbage Cart; and
17
5.One 96-gallon Garbage Cart.
18
19
The Contract shall also offer:
20
21
1.Once per month “Super Recycler” collection of non-putrescible waste in a 35-gallon Cart; and
22
2.Premium weekly collection of the same Garbage Cart sizes provided under every-other-week
23
collection. Premium collection shall be offered only to Customers requiring weekly service due
24
to special needs.
25
26
Carry-out charges shall be assessed only to those Customers who choose to have the Contractor move
27
Containers to reach the collection vehicle at its nearest point of access. Garbage in excess of Container
28
capacity or the subscribed service level shall be collected and properly charged as Extra Units to the
29
Customer; with the exception of excess Garbage collection otherwise authorized under this Contract at
30
no charge to the Customer. The Contractor shall maintain route lists in sufficient detail to allow accurate
31
recording and charging of all Extra Units. Customers shall be allowed to specify that no Extra Units be
32
collected without prior Customer notification, which shall be provided by the Single-Family Residence
33
Customer no less than one business day prior to that Customer’s regular collection.
34
35
Collections shall be made from Single-Family Residences on a regular schedule on the same day and as
36
close to a consistent time as possible. The Contractor’s crews shall make collections in an orderly and
37
quiet manner, and shall return all Containers, in an upright position, with lids closed and attached, to
38
their original set out location.
39
40
Extra charges may be assessed for materials loaded so as to lift the Can, or Garbage Cart lid in excess of
41
six (6) inches from the normally closed position. The Contractor may charge for an overweight Container
42
at the Extra Unit rate, provided that the Container weight is documented in writing, and the Customer
43
agrees to pay for special handling. Otherwise, an overweight Container shall be left at the Curb and
44
tagged with written notification as to why it was not collected. Customers may specify to the Contractor
45
that they may not be charged for overweight or extra Containers, in which case any such Containers
46
shall be left at the Curb uncollected and tagged with written notification as to why it was not collected.
47
City of Port Townsend 20 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
The Contractor shall provide an annual clean-up event for all Single-Family Customers where those
2
Customers may set out up to three (3) Extra Units of Garbage, three (3) Extra Units of Yard Debris and
3
up to one (1) item of Bulky Waste each year for collection at no additional charge. The Contractor shall
4
coordinate with the City to set the clean-up event date and promote the event to residents.
5
6
4.2.2 Single-Family Residence Recyclables Collection
7
8
4.2.2.1 Recyclable Materials
9
10
Residential Recyclables shall be collected from all participating Single-Family Customers as part of basic
11
Garbage collection services, without extra charge. If operational or recycling processing improvements
12
are madethat allow additional materials to be recycled at no additional cost to the Contractor, the
13
Contractor agrees to expand the defined list of Residential Recyclables to cover such materials, subject
14
to prior written approval by the City. The Contractor shall collect Curbside prepared and either called-in
15
or set-out Recyclables as described in Exhibit C.
16
17
The City reserves the right to engage in product stewardship and/or waste prevention activities that
18
may result in one or more materials being removed from the Exhibit C list.
19
20
4.2.2.2 Containers
21
22
The Contractor shall provide Recycling Bins to Customers at no charge. Recycling Bins shall be delivered
23
by the Contractor to new Single-Family Residence Customers, those Customers requesting
24
replacements, or Customers that had previously rejected their Recycling Cart, within seven (7) days of
25
the Customer’s initial request.
26
27
4.2.2.3 Specific Collection Requirements
28
29
Single-Family Residence Recyclables collection shall occur every-other-weekly on the same day each
30
week as each household’s Garbage and Yard Debris collection. Collections shall be made from
31
Residences on a regular schedule on the same day and as close to a consistent time as possible. The
32
Contractor shall collect on Public Streets and Private Roads in the same location as Garbage collection
33
service is provided. The Contractor’s crews shall make collections in an orderly, non-disruptive and quiet
34
manner, and shall return Containers with their lids closed and attached to their set out location, and out
35
of any Public Street, in an orderly manner.
36
37
The defined list of Residential Recyclables in Exhibit C shall be collected from all participating Single-
38
Family Residences as part of basic Garbage collection services, without extra charge. The Contractor
39
shall collect all Residential Recyclables from Single-Family Residences that are placed in Contractor
40
owned Carts or are boxed or placed in a paper bag next to the Customers’ Recycling Cart. Recyclables
41
must be prepared as described in Exhibit C and uncontaminated with food or other residues. No limits
42
shall be placed on set-out volumes for Curbside Recyclables, other than those specifically listed in
43
Exhibit C.
44
45
4.2.3 Single-Family Residence Yard Debris Collection
46
47
4.2.3.1 Subject Materials
City of Port Townsend 21 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
2
Residential Yard Debris shall be collected from all participating Single-Family Residences Customers as
3
part of basic Garbage collection services, without extra charge.
4
5
4.2.3.2 Containers
6
7
The Contractor shall provide a Yard Debris Cart to each Single-Family Garbage Customer at no additional
8
charge and, if requested by a Customer, shall provide additional Compostable Carts and service at the
9
additional Compostable Cart fee provided in Exhibit B. The default Yard Debris Cart size shall be 96-
10
gallons, provided that the Contractor shall offer and provide 35- or 64-gallon Yard Debris Carts on
11
request to those Single-Family Residence Customers requiring less capacity than provided by the default
12
Yard Debris Cart.
13
14
Excess Yard Debris material that does not fit in a Yard Debris Cart shall be bundled or placed in Kraft
15
paper bags or properly labeled Customer-owned Cans. Customers choosing to use their own Can for
16
excess Yard Debris shall be provided durable stickers by the Contractor that clearly identify the
17
container’s contents as “Yard Debris.” Excess Yard Debris shall be charged at the Extra Unit rate
18
specified in Exhibit B.
19
20
Yard Debris Carts shall be delivered by the Contractor to new Customers and Customers requesting a
21
replacement Yard Debris Cart within seven (7) days of the Customer’s initial request.
22
23
The Contractor shall provide an on-call fee-based Yard Debris Container cleaning service to Customers at
24
the rate provided in Exhibit B.
25
26
4.2.3.3 Specific Collection Requirements
27
28
Properly prepared Yard Debris shall be collected every-other-week on the same day as each household’s
29
Garbage collection from all single-family Customers. Collections shall be made from Single-Family
30
Residence Customers on a regular schedule on the same day and as close to a consistent time as
31
possible. Yard Debris and Recycling collection shall occur on alternating weeks. Yard Debris in excess of
32
96 gallons may be charged at the additional Cart rate (if that Customer has ordered one or more
33
additional Yard Debris Carts) or as Yard Debris Extra Units in 32 gallon increments in accordance with
34
Exhibit B. Yard Debris may be placed in Carts, paper bags, bundles, or relabeled Cans next to the initial
35
Yard Debris Cart.
36
37
XXXX
38
39
The Contractor shall collect on Public Streets and Private Roads in the same location as Garbage
40
collection is provided. The Contractor’s crews shall make collections in an orderly and quiet manner, and
41
shall return Containers in an upright position, with lids attached, to their set out location and out of the
42
public street
City of Port Townsend 22 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
2
4.2.4 Multifamily Complex and Commercial Customer Garbage Collection
3
4
4.2.4.1 Subject Materials
5
6
The Contractor shall collect all Garbage set out for disposal by Multifamily Complex and Commercial
7
Customers in or properly prepared and contained materials next to Containers.
8
9
4.2.4.2 Containers
10
11
Multifamily Complex and Commercial Customers shall be offered a full range of Container and service
12
options, including Garbage Carts, 1, 1.5, and 2 cubic-yard Detachable Containers. Containers shall be
13
provided to Customers at no additional charge.
14
15
Materials in excess of Container capacity or the subscribed service level shall be collected and properly
16
charged as Extra Units as directed by the City. The Contractor shall develop and maintain route lists in
17
sufficient detail to allow accurate recording and charging of all Extra Units.
18
19
Containers shall be delivered by the Contractor to requesting Multifamily Complex and Commercial
20
Customers within three (3) days of the Customer’s initial request.
21
22
4.2.4.3 Specific Collection Requirements
23
24
The Contractor shall provide up to daily collection (Monday through Sunday) for Commercial Customers,
25
with a minimum of once per week collection. Collections from both Multifamily Complex and
26
Commercial Customers shall be made on a regular schedule on the same day and as close to a consistent
27
time as possible to minimize Customer confusion.
28
29
The Contractor shall provide locks for Containers upon request and remove and replace Containers from
30
enclosures and position (roll-out) Containers up to twenty-five (25) feet for Garbage (and Recycling and
31
Compostable) collection at no additional charge. Additional roll-out charges may be assessed in twenty-
32
five (25) foot increments only to those Multifamily Complex and Commercial Customers for whom the
33
Contractor must move a Container over twenty-five (25) feet to reach the collection vehicle at its
34
nearest point of access. Extra charges may be assessed for materials loaded so as to lift the Container lid
35
in excess of six (6) inches from the normally closed position. The Contractor shall not charge fees for
36
either opening gates or unlocking containers. Customers with hard-to-access Containers requiring the
37
Contractor to wait for Customer Container relocation or requiring Contractor’s use of specialized
38
equipment for Container relocation may charge those Customers additional access fees and/or hourly
39
fees consistent with Exhibit A.
40
41
Multifamily Complex and Commercial Garbage Customers may request extra collections and shall pay a
42
proportional amount of their regular monthly rate for that service as established by the City.
43
44
4.2.5 Multifamily Complex and Commercial Recyclables Collection
45
46
4.2.5.1 Subject Materials
47
City of Port Townsend 23 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
All properly prepared Recyclables listed in Exhibit C for Commercial and Multifamily Complex Customers,
2
shall be collected as part of the basic Garbage collection services, without additional charge and without
3
limit.
4
5
4.2.5.2 Containers
6
7
The Contractor shall provide Recycling Containers at no additional charge to all Multifamily Complex and
8
Commercial Customers requesting Containers.
9
10
The Contractor shall encourage and promote recycling and recommend appropriate Container sizes
11
through its site visit and evaluation process. The Contractor shall encourage the use of Detachable
12
Containers or Drop-box Containers instead of multiple Carts at locations where more than one cubic
13
yard of Recycling capacity is provided, unless space or other constraints favor the use of Carts.
14
Containers used for the collection of Recyclables shall be delivered by the Contractor to requesting
15
Customers within three (3) days of the Customer’s initial request. The Contractor may decline to collect
16
Recyclables if the Container in which they are placed by the Customer contains Excluded Materials or
17
other materials that do not conform to the definition of Recyclables or that do not meet specifications.
18
19
4.2.5.3 Specific Collection Requirements
20
21
Multifamily Complex and Commercial Recycling collection shall occur at least weekly or more frequently
22
if space constraints preclude providing sufficient weekly capacity. Collections shall be made on a regular
23
schedule on the same day(s) of the week and as close to a consistent time as possible to minimize
24
Customer and tenant confusion. The Contractor’s crews shall make collections in an orderly, non-
25
disruptive, and quiet manner, and shall return Containers after emptying to the same location as found,
26
with their lids closed.
27
28
4.2.6 Multifamily Complex and Commercial Customer Yard Debris Collection
29
30
The Contractor shall provide subscription-based Yard Debris collection services to requesting Multifamily
31
Complexes and Commercial Customers.
32
33
4.2.6.1 Subject Materials
34
35
The Contractor shall provide collection of Yard Debris from any requesting Multifamily Complex or
36
Commercial Customer, subject to that Customer’s continued compliance with material preparation
37
requirements. Contaminated or oversized Yard Debris materials rejected by the Contractor shall be
38
tagged in writing in a prominent location with an appropriate problem notice explaining why the
39
material was rejected.
40
41
4.2.6.2 Containers
42
43
Carts shall be provided to subscribers as part of the service at no additional charge. Yard Debris
44
Containers shall be delivered by the Contractor to Multifamily Complex and Commercial Customers
45
within three (3) days of a Customer’s initial request.
46
City of Port Townsend 24 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
4.2.6.3 Specific Collection Requirements
2
3
Multifamily Complex and Commercial Customer Yard Debris collection shall occur weekly. Collections
4
shall be made on a regular schedule on the same day(s) of the week and as close to a consistent time as
5
possible to minimize Customer confusion. The Contractor’s crews shall make collections in an orderly
6
and quiet manner, and shall return Containers after emptying to the same location as found, with their
7
lids closed.
8
9
4.2.7 Drop-Box Container Garbage Collection
10
11
4.2.7.1 Subject Materials
12
13
The Contractor shall provide Drop-Box Container Garbage collection services to Customers, in
14
accordance with the service level selected by the Customer.
15
16
4.2.7.2 Containers
17
18
The Contractor shall pay the cost of procuring and providing Containers for Garbage meeting the
19
standards described in Section 4.1.14. Both Customer-owned and Contractor-owned Drop-box
20
Containers shall be serviced, including Customer-owned compactors.
21
22
The Contractor shall maintain a sufficient Drop-box Container inventory to provide delivery of empty
23
containers by the Contractor to new and temporary Customers within three (3) business days after the
24
Customer’s initial request.
25
26
4.2.7.3 Specific Collection Requirements
27
28
The Contractor shall provide dispatch service and equipment capable of collecting full Drop-box
29
Containers on the same business day if the Customer’s initial request is received by the call center
30
before or at 10:00 a.m., and no later than the next business day if the Customer’s initial call is received
31
by the call center after 10:00 a.m. At the Customer’s request, the Contractor shall deliver an empty
32
Drop-box Container to the Customer at the time of collecting the full Drop-box Container.Drop-box
33
Containers shall be delivered to new Customers within one business day of their initial request.
34
35
The Contractor shall detach, remove and replace Drop-Box Containers from locked or unlocked
36
enclosures at no additional charge.
37
38
4.2.8 Temporary (Non-Event) Container Customers
39
40
The Contractor shall maintain a sufficient Container inventory, including Detachable Container and
41
Drop-box Containers, to provide delivery of empty Containers by the Contractor to temporary
42
Customers within three business days after the Customer’s initial request. The charges for temporary
43
Detachable Container service as listed in Exhibit A shall include delivery, collection, and disposal. No
44
additional fees other than those included in Exhibit A may be charged. Temporary Garbage services do
45
not include embedded Recycling collection and shall not exceed ninety (90) days in duration. Customers
46
requiring service for more than ninety (90) days shall subscribe for regular permanent service.
47
City of Port Townsend 25 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
4.2.9 Special Event Services
2
3
The Contractor shall provide temporary Garbage and Recyclables Containers to Customers sponsoring
4
special events within the Service Area at the rates listed in Exhibit A. Contractor shall provide such
5
Customers with assistance in determining Container needs and signage for Garbage and Recyclables, at
6
the special events, including site visits and technical assistance to ensure that the maximum Recyclables
7
diversion is achieved.
8
9
Special event services shall be provided as a bundle, with each event providing collection of Recyclables
10
at no additional charge as part of the event Garbage collection service. The provision of Garbage-only
11
service shall only be provided on a case-by-case basis upon prior written approval of the City.
12
13
Sufficient Container inventories shall be maintained by the Contractor to provide service to large events
14
and festivals. Failure to provide Containers when service is requested shall be subject to performance
15
fees.
16
17
4.2.10 City Services
18
19
The Contractor shall collect up to seventy-five streetside sets of Garbage and Recycling receptacles
20
(including Big Belly compactors) at no charge to the City or Customers. Collection frequency shall vary
21
seasonally in coordination with the City and may include up to daily collection (Monday-Sunday) during
22
peak tourist seasons.
23
24
4.2.11 On-call Bulky Waste Collection
25
26
The Contractor shall provide on-call Bulky Waste collection to any Customer, including Multifamily and
27
Commercial Customers.
28
29
On-call collection of Bulky Waste shall be provided by the Contractor to Customers by appointment for
30
no more than the charge set forth in Exhibit A to this Contract, with collection occurring no later than
31
five (5) business days after a Customer initial request.
32
33
Customers must place Bulky Waste at the regular Garbage collection location no more than 24-hours
34
prior to collection. The Contractor shall notify the Customer of the specific date that their item will be
35
collected, the charge that will be made to their next bill, and where the item should be placed for
36
collection.
37
38
The Contractor shall decommission (as needed) and recycle all metal appliances, unless another
39
arrangement is approved in writing by the City, and to make a reasonable effort to recycle all other
40
materials collected. The Contractor shall direct Customers to remove doors from refrigerators and
41
freezers before collection and not to place Bulky Waste at the Curb prior to twenty-four (24) hours
42
before scheduled collection.
43
44
This log shall be provided to the City on a monthly basis in accordance with Section 4.3.4. On-call Bulky
45
Waste collection must occur during the hours and days specified in Section 4.1.3, with the exception
46
that Saturday collection is permissible if it is more convenient for Customers.
47
City of Port Townsend 26 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
4.2.12 Excluded Services
2
3
This Contract does not include the collection or disposal of Unacceptable Waste.
4
5
4.3 COLLECTION SUPPORT AND MANAGEMENT
6
7
4.3.1 General Customer Service
8
9
The Contractor shall be responsible for providing all Customer service functions, including, but not
10
limited to:
11
12
Answering Customer telephone calls and e-mail requests;
13
Requesting at start of service Customer’s preference for notification of service changes via robo-
14
calls, texts or emails;
15
Informing Customers of current, new, and optional services and charges;
16
Handling Customer subscriptions and cancellations;
17
Receiving and resolving Customer complaints;
18
Dispatching Drop-box Containers, temporary containers, and special collections;
19
Billing;
20
Maintaining and updating regularly as necessary a user-friendly internet website; and
21
Maintaining and updating regularly as necessary a user-friendly mobile application.
22
23
These functions shall be provided at the Contractor’s sole cost, with such costs included in Contractor
24
charges set forth in Exhibit A.
25
4.3.2 Specific Customer Service Requirements
26
27
The Contractor shall maintain a service base for storing and/or maintaining collection vehicles within
28
Thirty (30) miles of the City’s corporate limits. Operations and management staff shall be located at that
29
site, provided that call center operations may be remotely provided. The Contractor’s call center shall be
30
open at a minimum from 8:00 a.m. to 5:00 p.m. weekdays. The holiday collection schedule described in
31
Section 4.1.6 shall also apply to Customer service coverage. Customer service representatives shall be
32
available through the Contractor’s call center during office hours for communication with the public and
33
City representatives. Customer calls shall be taken during office hours by a person, not by voice mail.
34
During all non-office hours for the call center, the Contractor shall have an answering or voice mail
35
service available to record messages from all incoming telephone calls, and include in the message an
36
emergency telephone number for Customers to call during outside normal office hours in case of an
37
emergency.
38
39
The Contractor shall maintain a twenty-four (24) emergency telephone number for use by the City. The
40
Contractor shall have a representative, or an answering service to contact such representative, available
41
at such emergency telephone number for city-use during all hours, including normal office hours.
42
Inability to reach the Contractor’s staff via the emergency telephone numbers shall be cause for
43
performance fees in accordance with Section 6.1.
44
45
4.3.2.1 Customer Service Representative Staffing
46
City of Port Townsend 27 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
During office hours, the Contractor shall maintain sufficient call center staff to answer and handle
2
complaints and service requests from all Customers without delay. If incoming telephone calls
3
necessitate, the Contractor shall increase staffing levels as necessary to meet Customer service
4
demands. The Contractor shall provide and publicize a telephone number capable of handling service
5
related text messages.
6
7
The Contractor shall maintain sufficient staffing to answer and handle complaints and service requests
8
in a timely manner made by methods other than telephone, including letters, e-mails, mobile messages
9
or webpage messages. If staffing is deemed to be insufficient by the City to handle Customer complaints
10
and service requests in a timely manner, the Contractor shall increase staffing levels to meet
11
performance criteria.
12
13
The Contractor shall provide additional staffing during the transition and implementation period, and
14
especially from six (6) weeks prior to the Date of Commencement of Service, through the end of the
15
fourth month after the Date of Commencement of Service, to ensure that sufficient staffing is available
16
to minimize Customer waits and inconvenience. The Contractor shall receive no additional
17
compensation for increased staffing levels during the transition and implementation period. Staffing
18
levels during the transition and implementation period shall be subject to the City’s prior review and
19
approval.
20
21
4.3.2.2 City Customer Service
22
23
The Contractor shall maintain staff that has management level authority to provide a point of contact
24
for the majority of inquiries, requests, and coordination covering the full range of Contractor activities
25
related to this Contract. Duties include, but are not limited to:
26
27
Assisting staff with promotion and outreach to Single-Family Residences, Multifamily
28
Complexes, Commercial Customers, and special events;
29
Serving as an ombudsperson, providing quick resolution of Customer issues, complaints, and
30
inquiries; and
31
Assisting the City with program development and design, research, response to inquiries, and
32
troubleshooting issues.
33
34
A Contractor-designated service expert shall be accessible by staff to address emerging problems as
35
needed, and shall return messages (telephone, mobile messaging, or e-mail) within four (4) hours of the
36
City’s leaving or sending a message.
37
38
Should the Contractor fail to meet the City expectations for customer service as described herein, the
39
Contractor shall be assessed performance fees in accordance with Section 6.1.
40
41
4.3.2.3 Service Recipient Complaints and Requests
42
43
The Contractor shall record all complaints and service requests, regardless of how received, including
44
date, time, Customer’s name and address, if the Customer is willing to give this information, method of
45
transmittal, and nature, date and manner of resolution of the complaint or service request in a
46
computerized daily log. Any telephone calls received through the Contractor's non-office hours voice
47
mail or answering service shall be recorded in the log no later than by the following business day. The
City of Port Townsend 28 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
Contractor shall make a conscientious effort to respond directly to the Customer and resolve all
2
complaints within one business day of the original phone call, letter, or electronic communication, and
3
service requests within the times established throughout this Contract for various service requests. If a
4
longer response time is necessary for complaints or requests, the reason for the delay shall be noted in
5
the log, along with a description of the Contractor’s efforts to resolve the complaint or request.
6
7
The Customer service log shall be available for inspection by the City, or its designated representatives,
8
during the Contractor’s office hours, and shall be in a format approved by the City. The Contractor shall
9
provide a copy of this log in an electronic format from the Microsoft Office suite (or other City-approved
10
format) of software to the City with the monthly report.
11
12
4.3.2.4 Handling of Customer Calls
13
14
All incoming telephone calls shall be answered promptly and courteously, with an average speed of
15
answer of less than thirty (30) seconds. No telephone calls shall be placed on hold for more than two (2)
16
minutes per occurrence, and on a monthly basis, no more than 10% of incoming telephone calls shall be
17
place on hold for more than twenty (20) seconds. A Customer shall be able to talk directly with a
18
Customer service representative when calling the Contractor’s Customer service telephone number
19
during office hours without navigating an automated phone answering system. An automated voice mail
20
service or phone answering system may be used when the office is closed.
21
22
A Customer calling into the Customer service phone lines and placed on hold shall hear either the City -
23
specific messages or messages that are applicable and not misleading to Customers.
24
25
4.3.2.5 Corrective Measures
26
27
Upon the receipt of Customer complaints in regard to busy signals or excessive delays in answering the
28
telephone, the City may request the Contractor submit a plan to the City for correcting the problem.
29
Once the City has approved the plan, the Contractor shall have sixty (60) days to implement the
30
corrective measures, except during the transition and implementation period from one (1) month prior
31
to the Date of Commencement of Service, through the end of the fourth month after the Date of
32
Commencement of Service, during which the Contractor shall have one (1) week to implement
33
corrective measures. Reasonable corrective measures shall be implemented without additional
34
compensation to the Contractor. Failure to provide corrective measures shall result in possible
35
performance fees for the Contractor.
36
37
4.3.2.6 Contractor Internet Website
38
39
The Contractor shall maintain a website containing information specific to the City’s collection
40
programs, including at a minimum contact information, collection schedules, current day of collection
41
map, material preparation requirements, available services and options, rates and fees, inclement
42
weather service changes, and other relevant service information for its Customers. The website shall
43
include contact function for Customer communication with the Contractor, and the ability for Customers
44
to submit service requests and manage their services on-line. Electronic Customer service requests shall
45
be answered within one business day of receipt.
46
City of Port Townsend 29 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
The website design shall be usability tested and then submitted to the City for approval a minimum of
2
three (3) months prior to the Date of Commencement of Service of this Contract, and then changes shall
3
be subject to the City’s prior approval throughout the term of this Contract. The Contractor shall provide
4
among its local staff a knowledgeable and proficient website manager that is responsive to the City’s
5
request(s) for changes to the Contractor’s website. Changes requested by the City consisting of textual
6
messages only shall be uploaded to the website within seventy-two (72) hours of the time of the
7
request(s). Changes requested by the City, of a textual nature, that are related to an emergency or time-
8
sensitive situation (such as an inclement weather event, windstorm, or event preventing access to a
9
Customer’s regular place of container set-out) shall be uploaded to the website as soon as possible and
10
not more than six (6) hours from of the time of request. Changes requested by the City that include a
11
graphical component must be uploaded to the website within ten (10) days of the time of the request.
12
13
The Contractor shall provide timely updates to the website, and provide links to the City’s website,
14
checking on a regular basis that all links are current. Upon the City’s request, the Contractor shall
15
provide a website utilization report indicating the usage of various website pages and e-mail option.
16
17
4.3.2.7 Full Knowledge of Garbage, Recyclables, and Yard Debris Programs Required
18
19
The Contractor’s Customer service representatives shall be fully knowledgeable of all collection services
20
available to Customers, including the various services available to Single-Family Residence, Multifamily
21
Complex and Commercial Customers. Customer calls shall not be forwarded to the City unnecessarily.
22
For new Customers, Customer service representatives shall explain all Garbage, Recyclables, and Yard
23
Debris collection options available depending on the sector the Customer is calling from. For existing
24
Customers, the representatives shall explain new services and options, and resolve recycling issues,
25
collection concerns, missed pickups, container deliveries, and other Customer concerns. Customer
26
service representatives shall be trained to inform Customers of Recyclables and Yard Debris preparation
27
specifications. City policy questions shall be forwarded to the City for response.
28
29
The Contractor’s Customer service representatives shall have instantaneous electronic access to
30
Customer service data and history to assist them in providing excellent customer service. The Contractor
31
shall provide the City with internal customer service representative training and support information
32
specific to the City to allow the City to review and check information provided to customer service
33
representatives and, in turn, provided to Customers. Any revisions to these materials shall be approved
34
in writing (e-mail is acceptable) by the City prior to being used by customer service representatives.
35
36
4.3.2.8 Customer Communications
37
38
All Customer communications (other than routine service and billing interactions with individual
39
Customers) shall be reviewed and approved by the City before distribution.
40
41
The City and Contractor recognize that Customer preferences for their method of communication may
42
change during the Term of this Contract and agree to adjust customer service expectations to match
43
Customer preferences. For example, if call traffic to the Contractor’s telephone-based call center
44
reduces over time and is supplanted by an increase in texting, the Contractor shall shift staff resources
45
accordingly to ensure high levels of customer service. The City and Contractor agree to review Contract
46
requirements periodically and negotiate in good faith any desired improvements to the Contract service
47
standards related to customer service delivery.
City of Port Townsend 30 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
4.3.3 Contractor’s Customer Billing Responsibilities
1
2
3
The Contractor shall be responsible for all billing functions related to the collection services required
4
under this Contract. All Single-family Residence Customers shall be billed every-other-month, and
5
Multifamily Complex and Commercial Customers shall be billed monthly. In no case shall a Customer’s
6
invoice be past due prior to the receipt of all services covered by the billing period. The Contractor’s
7
billing cycle parameters include, but are not limited to the service period, invoice date, due date, late
8
fee date, reminder date(s), Container removal and stop-service date. The City reserves the right to
9
review and provide feedback on the bill template used by the Contractor as to format and design to
10
ensure Customer satisfaction. The Contractor shall evaluate and may incorporate the City’s
11
recommendations in good faith. Billing and accounting costs associated with Customer invoicing,
12
including credit card fees, shall be borne by the Contractor, and are included in the service fees in
13
Exhibit A. The Contractor may bill to Customers late payments and “non-sufficient funds” check charges,
14
as well as the costs of bad debt collection, under policies and amounts that have been previously
15
approved in writing by the City.
16
17
The Contractor shall offer paperless billing, including an autopay/electronic notification function that
18
allows Customer to set up autopay and receive an e-mail or text notification of the amount and draw
19
date of the payment, without requiring the Customer to navigate to the Contractor’s website to obtain
20
that information.
21
22
The City and Contractor shall jointly determine policies for vacation holds on service that are consistent
23
with Customer convenience and the maintaining the integrity of the City’s mandatory Garbage
24
collection program. Those policies may change from time to time, as agreed upon by the City and
25
Contractor.
26
27
The Contractor shall be responsible for the following:
28
29
Generating combined Garbage, Recyclables, and Yard Debris collection bills for all Customers;
30
31
Generating bills printed double-sided, on at least thirty percent (30%) post-consumer recycled-
32
content paper;
33
34
Generating bills that include at a minimum a statement indicating the Customer’s current
35
service level, current charges and payments, appropriate taxes and fees, Customer service
36
contact information and website information;
37
38
Generating bills that clearly state the date at which late fees will be assessed for non-payment;
39
40
Generating bills that have sufficient space on the front or back of the bill for educational or
41
informational messaging, as directed by the City;
42
43
Accepting automatic ongoing payments from Customers via debit or credit card, checking or
44
savings account withdrawal, or by wire transfer. No transaction fees may be levied on any
45
Customer payments;
46
47
Accepting, processing, and posting payment data each business day;
City of Port Townsend 31 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
2
Accepting bill inserts from the City for specific Customer sectors;
3
4
Maintaining a system to monitor Customer subscription levels, record excess Garbage or Yard
5
Debris collected, place an additional charge on the Customer’s bill for the excess collection, and
6
charge for additional services requested and delivered. This system shall maintain a Customer’s
7
historical account data for a period of not less than six (6) years from the end of the fiscal year in
8
accordance with the City’s record retention policy, and in a manner that is instantaneously
9
accessible to Customer service representatives needing to refer to Customer service data and
10
history;
11
12
Accepting and responding to Customer requests for service level changes, missed or inadequate
13
collection services, and additional services;
14
15
Collecting unpaid charges from Customers for collection services; and
16
17
Implementing rate changes as specified in Section 5.3.
18
19
Reconciling the Contractor’s Single-Family Customer list with a City-provided listing of water
20
customers quarterly to identify potential Customer’s that have not complied with the City’s
21
mandatory collection ordinance. The Contractor shall then send a letter to the potential
22
Customer informing them of the City’s ordinance and that they need to contact the Contractor
23
to establish their preferred service level. If no contact is received, the Contractor shall place that
24
Customer on the minimum level of service and commence billing that Customer.
25
26
The Contractor shall be required to have procedures in place to backup and minimize the potential for
27
the loss or damage of the account servicing (e.g., Customer service, service levels, and billing history)
28
database. The Contractor shall ensure that at a minimum a daily backup of the account servicing
29
database is made and stored off-site. The Contractor shall also provide the City with a copy of the
30
account servicing database (excluding Customer financial information such as credit card or bank
31
account numbers) sorted by Customer sector via via e-mail, FTP site or electronic media upon request.
32
The City shall have unlimited rights to use such account servicing database for the purpose of developing
33
targeted educational and outreach programs, analyzing service level shifts or rate impacts, and/or
34
providing information to successor contractors.
35
36
Upon seven (7) days written notice, the Contractor shall provide the City with a paper and/or electronic
37
copy at the City’s discretion of the requested Customer information and history, including but not
38
limited to Customer names, service and mailing addresses, contact information, service levels, and
39
current account status.
4.3.4 Reporting
40
41
42
The Contractor shall provide monthly, annual, and ad hoc reports to the City. The Contractor report
43
formats may be modified from time to time at the City’s request at no cost to the City. In addition, the
44
Contractor shall allow City staff access to pertinent operations information related to compliance with
45
the obligations of this Contract, such as vehicle route assignment and maintenance logs, Garbage,
46
Recyclables, and/or composting facility certified weight slips, and Customer charges and payments.
City of Port Townsend 32 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
2
4.3.4.1 Monthly Reports
3
4
On a monthly basis, by the last working day of each month, the Contractor shall provide a report
5
containing the following information for the previous month. Reports shall be submitted in an electronic
6
format approved by the City and shall be certified as accurate by the Contractor. At minimum, reports
7
shall include:
8
9
1.A log of all Customer requests, complaints, inquiries, and site visits, including Customer name,
10
property name and address, date of contact or site visit, reason for site visit, results of Customer
11
request, complaint, and inquiry and/or site visit.
12
13
2.A tabulation of the number of Single-Family, Commercial, and Multifamily Complex accounts by
14
service level/Container size, and service frequency.
15
16
3.Reports from the Contractor’s customer service telephone system showing total call volume,
17
total calls answered, and average speed of answer.
18
19
4.Website utilization report showing total number of Customers managing their services on-line,
20
total number of e-mails received via website, data on site usage, and other data or information
21
as Port Townsend may require for internal reporting purposes.
22
23
5.A summary of total Garbage, Recyclables, and Yard Debris quantities collected (in tons) for each
24
collection sector by month and year-to-date. The summary shall include program participation
25
statistics including: a summary of Multifamily Complex and Commercial participation in recycling
26
programs and set-out statistics for Residential Garbage, Yard Debris, and Recyclables collection
27
services. Where item counts are more appropriate for certain Recyclables or Bulky Wastes (e.g.
28
appliances, CFLs, etc.), reporting item counts are sufficient. The summary shall include the
29
names of facilities used for all materials and tonnage delivered to each facility.
30
31
6.A description of any vehicle accidents, infractions and reported leaks.
32
33
7.A description of any changes to collection routes, Containers, vehicles (including the
34
identification of back-up vehicles not meeting contract standards with the truck number and
35
date of use), customer service or other related activities affecting the provision of services.
36
37
8.A description of any promotion, education, and outreach efforts, including where possible,
38
samples of materials, and summary of any feedback or response received from Customers.
39
40
If collection vehicles are used to service more than one Customer sector, the Contractor shall develop an
41
apportioning methodology that allows the accurate calculation and reporting of collection volumes and
42
quantities from the different sectors. The apportioning methodology shall be subject to the prior review
43
and written approval of the City, and shall be periodically verified through field-testing by the
44
Contractor.
45
City of Port Townsend 33 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
4.3.4.2 Annual Reports
2
3
On an annual basis, by the first working day of March, the Contractor shall provide a report containing
4
the following information for the previous year:
5
6
1.A consolidated summary and tabulation of the monthly reports, described above.
7
8
2.A discussion of highlights and other noteworthy experiences, along with measures taken to
9
resolve problems, increase efficiency, and increase participation in, and volume of, Recyclables
10
and Yard Debris collection programs.
11
12
3.A discussion of opportunities and challenges expected during the current year, including steps
13
being taken to take advantage of opportunities and resolve the challenges.
14
15
4.A discussion of promotion, education, and outreach efforts, and accomplishments for each
16
sector.
17
18
5.An inventory of current collection vehicles and other major equipment, including model, year,
19
make, serial or VIN number, assigned vehicle number, mileage (if vehicle), collection sector
20
assigned to or used in, and maintenance history, including vehicle painting.
21
22
6.An electronic listing of the Customer base, including location address, Customer name and
23
contact information, and the size of all Containers used at that address.
24
25
The annual report shall be specific to the City’s operations, written in a format appropriate for contract
26
management and shall not be a generalized listing of Contractor activities in the region or elsewhere.
27
28
4.3.4.3 Ad Hoc Reports
29
30
The City may request and receive from the Contractor up to six (6) ad-hoc reports each year, at no
31
additional cost to the City. These reports may include customer service database tabulations to identify
32
specific service level or participation patterns or other similar information. Reports shall be provided in a
33
City-defined format and with Microsoft software (or other City-approved software) compatibility. These
34
reports shall not require the Contractor to expend more than one hundred (100) staff hours per year to
35
complete.
36
37
4.3.5 Promotion and Education
38
39
The Contractor, at its own cost and at the direction of the City, shall have primary responsibility for
40
developing, designing, executing, and distributing public promotion, education, and outreach programs.
41
The Contractor shall also have primary responsibility for Customer recruitment, providing annual
42
service-oriented information and outreach to Customers, distributing City-developed promotional and
43
educational pieces at the City’s direction, and implementing on-going recycling promotions, education,
44
and outreach programs at the direction of the City. All written materials, Customer surveys and other
45
general communications provided to Customers by the Contractor shall be approved in advance by the
46
City. Each September, the City and Contractor shall jointly plan the Contractor’s specific promotion and
47
education program for the following year, including adjustments in materials and/or targeted audiences.
City of Port Townsend 34 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
The City may elect to assist the Contractor with development of promotional material layout and text, as
2
staff time allows, otherwise the Contractor shall be responsible for all design and development work,
3
subject to City approval.
4
5
Each year, the Contractor shall deliver an annual comprehensive service guide to each Single-Family
6
Residential and Multifamily Complex customer which shall include, at a minimum, information on the
7
proper disposal of Garbage, Recyclables, and Yard Debris; City rates information; disposal options for
8
difficult-to-recycle items and hazardous wastes; collection guidelines; contact information; and any
9
other pertinent information. The service guide may be printed or electronic (e.g. link to a website with a
10
condensed service guide), as the option of the Contractor.
11
12
Any additional promotional, educational, and informational materials provided by the Contractor to
13
Customers in connection with the Contract shall be designed, developed, printed, and delivered by the
14
Contractor, at the Contractor’s cost, and subject to the City’s final written approval as to form, content,
15
and method of delivery. The City shall review and approve all materials and a minimum of a two (2)
16
weeks review period shall be provided in all cases by the Contractor to allow sufficient time for review
17
and approval.
18
19
4.3.6 Transition to Next Contractor
20
21
The Contractor shall work with the City and any successive contractor in good faith to ensure minimal
22
Customer disruption during the transition period from the City’s previous contractor to the City’s new
23
Contractor. Cart and Container removal and replacement shall be coordinated between the Contractor
24
and a successive contractor to occur simultaneously in order to minimize Customer inconvenience. In
25
the event that the City does not elect to retain the Contractor’s Containers pursuant to Section 4.1.14.3,
26
the Contractor shall remove any Containers for all services or any portion of services provided under this
27
Contract upon sixty (60) days written notice from the City.
28
29
Upon written request of the City at any time during the term of this Contract, the Contractor shall
30
provide a detailed customer list, including customer name, service address, mailing address, and
31
collection and container rental service levels to the City in Microsoft Excel format (or other City-
32
approved format) within seven (7) days of the City’s request.
33
34
Failure to fully comply with this Section 4.3.6 shall result in the forfeiture of the Contractor’s
35
performance bond, at the City’s discretion.
36
37
5. COMPENSATION
38
39
5.1 Compensation to the Contractor
40
41
5.1.1 Rates
42
43
The Contractor shall be responsible for billing and collecting funds from Single-family Residence,
44
Multifamily Complex, and Commercial Customers in accordance with the charges for services listed in
45
Exhibit A. The Contractor may reduce or waive at its option, but shall not exceed, the charges listed in
46
Exhibit A. The payment of charges for services listed in Exhibit A by Customers shall comprise the entire
47
compensation due to the Contractor.
City of Port Townsend 35 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
2
In the event that a Customer places Excluded Materials or Unacceptable Materials in a Container, and
3
the Contractor collects those materials inadvertently and incurs extraordinary expenses dealing with
4
those materials, the Contractor may charge the Customer the actual costs of managing those materials,
5
as approved by the City. Actual costs shall include additional transportation, handling, and disposal
6
costs incurred by the Contractor for handling only those specific materials traceable to that Customer.
7
8
The City is not required under this Contract to make any payments to the Contractor for the Services
9
performed, or for any other reason, except as specifically described in this Contract, or for services the
10
City obtains as a Customer.
11
12
In the event that Contractor or a Customer desires solid waste-related services not specifically
13
addressed in this Contract, the Contractor shall propose service parameters and a rate to the City in
14
writing, based on the an adjacent WUTC tariff. Upon the City’s written approval, the Contractor may
15
provide the requested services. In no case shall the Contractor provide unauthorized services or charge
16
unauthorized rates.
17
18
5.1.2 Itemization on Invoices
19
20
All applicable City, County, and Washington State solid waste or household hazardous waste taxes or
21
fees, utility taxes, and sales taxes shall be itemized separately on Customer invoices and added to the
22
charges listed in Exhibit A, except that the City Administrative Fee shall be included in Exhibit B rates and
23
shall not be itemized separately on Customer invoices.
24
25
All Recyclables collection costs for all Customers and Yard Debris collection costs for the initial Bins
26
provided to Single-Family Residences shall be included in the Garbage collection rates for all Customers
27
and are included in the Customer rates listed in Exhibit A.
28
29
Charges for excess Garbage or Yard Debris, Single-family, Multifamily Complex and Commercial Yard
30
Debris collection, Drop-box Container On-call collection services, On-call Bulky Waste collection services,
31
Container rentals, or temporary Container services shall be itemized on the Customer invoices
32
separately by the Contractor, and may at no time exceed the charges set forth in Exhibit A.
33
34
The County disposal fee as it exists on the date of execution or as thereafter modified shall be itemized
35
separately on Customer invoices with charges for Drop-box Container service. The Contractor shall
36
charge Drop-box Customers the actual disposal cost based on the County’s scale ticket.
37
38
The Contractor shall not separately charge sales tax for services that include any Container as part of the
39
overall service package. Only Services that separate and itemize optional container rental (specifically
40
Drop-box Container rental) shall have sales tax charged and listed on Customer invoices. The Contractor
41
shall pay appropriate sales tax upon purchase of all equipment and Containers, and those costs are
42
included in the rates provided in Exhibit A. In no case shall Customers be separately charged sales taxes
43
paid by the Contractor on its equipment and Containers.
44
45
Except as otherwise expressly provided for by the Contract, the Contractor shall not adjust or modify
46
rates due to employee wage increases, fuel prices, Garbage collection service level shifts, or other
47
changes affecting the collection system.
City of Port Townsend 36 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
2
5.2 Compensation to the City
3
4
The Contractor shall pay to the City a one-time fee of thirty-five thousand dollars ($35,000) upon
5
Contract execution to cover City costs for procuring this Contract.
6
7 th
The Contractor shall also pay to the City an Administrative Fee on or before the fifteenth (15) day of
8
each month during the term of this Contract, starting on May 15, 2020. The Administrative Fee shall be
9
based on the gross revenues received by the Contractor from all Customers under this Agreement,
10
excluding Drop-box disposal fees. The initial Administrative Fee shall be assessed at (0.0%) of gross
11
revenues received by the Contractor from those Customers since the last Administrative Fee payment
12
period, consistent with the administrative fee calculations shown in Exhibit C. The Contractor’s
13
obligations to pay the Administrative Fee shall survive the termination date of this Contract until the
14
Contractor is no longer receiving payments from Customers for services provided under this Contract.
15
*** Admin Fee will be determined during contract finalization ***
16
17
The rates included in Exhibit A, as modified during the term of this Contract, include the Administrative
18
Fee, and Customers shall not be separately charged an itemized Administrative Fee. Exhibit C contains
19
an example of how the Administrative Fee is included in rates, and lists the Contractor’s service rate, the
20
City’s share of the retail rate, the State excise tax associated with the Administrative Fee, and the
21
combined retail rate. Any adjustments to the Administrative Fee rate shall be calculated in a manner
22
consistent with the example shown in Exhibit C.
23
24
The Contractor shall fully participate with any City billing audit to confirm the Contractor’s Customer
25
receipts during any accounting period during the term of the Contract. The audit shall be confined to
26
confirming Customer billing rates, Contractor receipts for services provided under this Contract and bad
27
debt recovery.
28
29
The City may change the Administrative Fee level in any year, provided that the change is synchronized
30
with the annual Contractor rate modification described in Section 5.3.1. The City shall notify the
31 st
Contactor of the new Administrative Fee for the following year by September 1, and the Contractor
32
shall itemize and include the appropriate adjustment in its Rate Adjustment Statement provided
33 st
October 1 of each year. In the event that the Administrative Fee is adjusted, either up or down, the
34
Contractor shall add or subtract an amount equivalent to the state excise tax (1.5% in 2018), as may be
35
adjusted from time to time by the State of Washington.
36
37
In addition, the Contractor shall be responsible for payment of all applicable permits, licenses, fees and
38
taxes as described in Section 8.10, Permits and Licenses.
39
40
5.3 Compensation Adjustments
41
42
5.3.1 Annual CPI Service Component Modification
43
44
The Contractor’s collection service charges and miscellaneous fees and Contract options contained in
45
Exhibit A, excluding waste disposal fees, for each level of service shall increase each year by one
46
hundred percent (100%) of the annual percentage change in the Consumer Price Index (CPI) for the
47
Seattle-Tacoma-Bellevue Metropolitan Area for the U.S. City Average Urban Wage Earners and Clerical
City of Port Townsend 37 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
Workers, all items (Revised Series) (CPI-W1982-84=100) prepared by the United States Department of
2
Labor, Bureau of Labor Statistics, or a replacement index. Adjustments shall be based on the twelve (12)
3 th
month period ending June 30 of the previous year that the request for increase is made. For example,
4
an adjustment to the Contractor’s collection service charge for 2021 will be based on the CPI for the
5
twelve (12) month period ending June 30, 2020.
6
7
In the event that the CPI index series decreases year-to-year, the service component of Contractor rates
8
shall remain unchanged, and the successive year’s adjustment shall be based on the most recent June
9 th
30 CPI index value. In the event that the CPI index series increases over five percent (5%) year-to-year,
10
the actual adjustment used shall be capped at five percent (5%), and the successive year’s adjustment
11 th
shall be based on the most recent June 30 CPI index value.
12
13
Adjustments to the Contractor’s collection service charge shall be made in units of one cent ($0.01).
14
Fractions less than one cent ($0.01) shall not be considered when making adjustments.
15
16
Beginning January 1, 2021, Contractor’s compensation shall be adjusted annually pursuant to this
17
section. The Contractor shall submit in writing and electronic form to the City for review and verification
18 st
a Rate Adjustment Statement, calculating the new rates for the next year, on or by October 1 of each
19
year, starting October 1, 2020. In the event that the Contractor does not submit a Rate Adjustment
20 st
Statement by October 1, the City shall calculate and unilaterally implement a rate adjustment based on
21 st
the best available information as of October 1 of that year for the applicable period and the Contractor
22
may not appeal this action. On the City’s review and verification, absent any City exception to the
23 st
Contractor’s calculations, the new rates shall take effect on January 1 of the following year. An example
24
of rate adjustments due to Consumer Price Index changes is provided in Exhibit C.
25
26
5.3.2 Changes in Disposal Fees
27
28
Periodic adjustments shall be made to Contractor collection rates to reflect increases or decreases in
29
County disposal fees for Garbage. In the event of a change in disposal fees, the disposal fee component
30
of rates charged to Customers shall be adjusted, based on percentage increase or decrease in disposal
31
fee applied to the disposal components included in Exhibit A of this Contract. Disposal fee changes shall
32
be effective on the date of the County’s implementation, provided that the Contractor has provided
33
Customers 45-days notification.
34
35
An example of rate modifications due to disposal fee changes is provided in Exhibit C.
36
37
5.3.3 Changes in Disposal or Yard Debris Processing Sites
38
39
If the Contractor is required by the City or other governmental authority to use Garbage disposal,
40
Recyclables processing sites, or Yard Debris processing sites other than those being used at the initiation
41
of this Contract, the Contractor shall submit a detailed proposal for the adjustment of the rates to
42
reflect any additional cost or savings to the Contractor. It is intended that the Contractor’s rates
43
pursuant to this Contract in such a case will be adjusted so as to pass through any resulting additional
44
costs incurred by the Contractor to the Contractor or any additional savings to the Contractor to the
45
City. The City and Contractor agree to negotiate in good faith to make any changes to the rates to
46
accomplish a pass-through of any such costs or savings.
City of Port Townsend 38 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
5.3.4 New or Changes in Existing Taxes
2
3
If new municipal, county, regional, or Washington State taxes or fees are imposed, the rates of existing
4
taxes (other than federal taxes) or fees are changed, or new road or bridge tolls necessarily affecting the
5
Contractor’s operations under this Contract imposed after the Date of Execution of this Contract, and
6
the impact of these changes results in increased or decreased Contractor costs in excess of five
7
thousand dollars ($5,000) in the aggregate annually, the Contractor shall submit a detailed proposal for
8
the adjustment of the rates to reflect any additional costs or savings to the Contractor. It is intended
9
that the Contractor’s rates pursuant to this Contract in such a case be adjusted so as to pass through any
10
resulting additional costs incurred by the Contractor to the Contractor or any savings realized to the
11
Contractor to the City. The Contractor and City shall enter into good faith negotiations to determine
12
whether compensation adjustments are appropriate for the amount exceeding the five thousand dollar
13
($5,000) aggregated threshold (in cases in which the threshold applies) and if so, to determine the
14
amount and the method of adjustment.
15
5.3.5 Changes in Service Provision
16
17
In the event that either the Contractor initiates any changes in how Contract services are provided that
18
reduce Contractor costs and cause adverse Customer impacts, the Contractor shall promptly notify the
19
City in writing of such reduced costs, and rates shall be reduced within thirty (30) days of the subject
20
change so that the City and the Contractor’s Customers shall receive the benefit of fifty percent (50%) of
21
the cost savings. Contractor changes in how Contract services are provided that do not adversely affect
22
Customers shall not affect Customer rates.
23
24
5.4 Change in Law
25
26
Except to the extent addressed otherwise in this Contract, changes in federal, state, or local laws or
27
regulations that result in a detrimental change in circumstances or a material hardship for the
28
Contractor in performing this Contract may be the subject of a request by the Contractor for a rate
29
adjustment, subject to review and approval by the City, such approval not to be unreasonably withheld.
30
If the City requires review of financial or other information in conducting its rate review under this
31
provision, then the City may retain a third-party to review such information at the Contractor’s expense,
32
taking whatever steps are reasonably feasible, appropriate and lawful to protect the Contractor’s
33
documents identified as confidential and proprietary by the Contractor.
34
35
6. FAILURE TO PERFORM, REMEDIES, TERMINATION
36
37
The City expects high levels of Customer service and collection service provision. Performance failures
38
shall be discouraged, to the extent possible, through specific performance fees for certain infractions
39
and through Contract default for more serious lapses in service provision. Section 6.1 details infractions
40
subject to performance fees and Section 6.2 details default provisions and procedures.
41
6.1 Performance Fees
42
43
44
The City reserves the right to make periodic, unscheduled inspection visits to determine the Contractor’s
45
compliance with the provisions and requirements of this Contract. In the event that the City’s inspection
46
reveals that the Contractor has failed to satisfactorily perform any duties of this Contract, the City shall
City of Port Townsend 39 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
$50.00 each in cidence business day after notification
1
present an incident report to the Contractor detailing such unsatisfactory performance. The Contractor
2
and the City agree that upon receiving such report, the Contractor shall pay the following dollar
3
amounts, not as a penalty, but as performance fees for failure to satisfactorily perform its duties under
4
this Contract. The City and the Contractor agree that the City’s damages would be difficult to prove in
5
any litigation and that these dollar amounts are a reasonable estimate of the damages sustained by the
6
City as a result of the Contractor's failure to satisfactorily perform its duties under this Contract..
7
8
Performance fees shall include:
9
Action or Omission Performance fees
1 Collection before or after the times specified in Section 4.1.3, Five hundred dollars ($500) per
except as expressly permitted in writing. incident (each vehicle on each
route is a separate incident).
2 Repetition of complaints on a route after notification, Fifty dollars ($50) per incident,
including, but not limited to, failure to replace Containers in not to exceed five hundred
designated locations, spilling, not closing gates, not replacing dollars ($500) per vehicle per
lids, crossing planted areas, or similar violations. day.
3 Failure to clean-up or collect leaked or spilled materials The cost of cleanup to the City,
and/or failure to notify the City within three (3) hours of plus two hundred fifty dollars
incident. ($250) per incident.
4 Observed leakage or spillage from Contractor vehicles or of Two hundred fifty ($250) per
vehicle contents. vehicle, per inspection, plus
clean-up costs (and potential
code fines/penalties).
5 Failure to replace a leaking Container within one business One hundred dollars ($100) per
day of notification. incident, and then one hundred
dollars ($100) per day that the
Container is not replaced.
6 Failure to collect missed materials within one (1) business Fifty dollars ($50) per incident to
day after notification. a maximum of five hundred
dollars ($500) per vehicle per
day.
7 Missed collection of a block segment of Single-Family Two hundred fifty dollars ($250)
Residences (excluding collections prevented by inclement per block segment if collection is
weather, but not excluding collections prevented by performed the following day;
inoperable vehicles). A block segment is defined as one side one thousand dollars ($1,000) if
of a street, between cross-streets, not to exceed fifty (50) not collected by the following
houses. day.
8 Collection as Garbage of non-contaminated Source-One thousand- dollars ($1,000)
separated Recyclables, Yard Debris, or Yard Debris in clearly per incident.
identified containers, bags, or boxes.
9 Rejection of Garbage, Recyclables, Yard Debris or Yard Debris One hundred dollars ($100) per
without providing documentation to the Customer of the incident.
reason for rejection.
10 Failure to deliver Containers within three (3) days of request One hundred dollars ($100) per
to Multifamily Complex or Commercial Customers requesting incident.
City of Port Townsend 40 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
Action or Omission Performance fees
service after the Date of Commencement of Service.
11 Failure to deliver Garbage, Recyclables or Yard Debris Twenty-five dollars ($25) per
Containers within seven (7) days of request to Single-Family incident.
Residence Customers requesting service after the Date of
Commencement of Service.
12 Misrepresentation by Contractors in records or reporting. Five thousand dollars ($5,000)
per incident.
13 Failure to provide the required annual report on time. Five hundred dollars ($500) per
day past deadline.
14 Failure to maintain clean, sanitary and properly painted Fifty dollars ($50) per incident,
Containers, up to maximum of one thousand
dollars ($1,000) per inspection.
15 Failure to maintain contract-compliant vehicles Fifty dollars ($50) per incident,
up to maximum of one thousand
dollars ($1,000) per inspection.
16 Failure to meet Customer service answer and on-hold time One hundred dollars ($100) per
performance requirements. day.
17 Failure to meet the service and performance standards listed Two hundred and fifty dollars
in Section 4.3.2 of this Contract for a period of two (2) ($250) per day until the service
consecutive months. standards listed in Section 4.3.2
are met for ten (10) consecutive
business days.
18 Failure to ensure that all Customers have contract compliant Five thousand dollars ($5,000)
Garbage, Recycling and Yard Debris Containers on or before per day, plus twenty-five dollars
the Date of Commencement of Service. ($25) per Container for each
incident occurring after the Date
of Commencement of Service.
19 Failure to include city-authorized instructional/ promotional Fifty dollars ($50) per incident,
materials when Garbage, Recycling, and/or Yard Debris with no maximum.
Containers are delivered to Single-Family Residences, or
failure to affix required city-authorized stickers on
Containers.
20 Failure to separate collection of materials from Service Area Five thousand dollars ($5,000)
Customers from non-service area customers. per route per day.
22 Inability to reach the Contractor’s staff via the emergency Two hundred-fifty dollars ($250)
telephone number. per incident.
23 The use of outdated, or unauthorized stickers, or lack of Fifty dollars ($50) per Container.
required stickers on Contractor provided Containers.
34 Failure to have correct rates for all Customer sectors and Two hundred-fifty dollars ($250)
service levels listed on the Contractor’s website. per day, with no maximum.
1
2
Nothing in this Section shall be construed as providing an exclusive list of the acts or omissions of the
3
Contractor that shall be considered violations or breaches of the Contract, and the City reserves the
4
right to exercise any and all remedies it may have with respect to these and other violations and
5
breaches. The performance fees schedule set forth here shall not affect the City’s ability to terminate
6
this Contract as described in Section 6.2.
City of Port Townsend 41 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
2
Performance fees, if assessed during a given month, shall be invoiced in writing by the City to the
3
Contractor. The Contractor shall be required to pay the City the invoiced amount within thirty (30) days
4
of billing. Failure to pay performance fees shall be considered a breach of this Contract, and shall accrue
5
penalty charges of eight percent (8.0%) per month of the amount of any delinquent payments.
6
7
Any performance fees assessed against the Contractor may be appealed by the Contractor to the City
8
within ten (10) days of being invoiced for assessed performance fees. The Contractor shall be allowed to
9
present evidence as to why the amount of the assessed performance fees should be lessened or
10
eliminated, including the provision of incorrect information provided by a previous contractor for
11
contract failures during the initial transition period. The City’s decision shall be final and not subject to
12
appeal.
13
14
6.2 Contract Default
15
16
The Contractor shall be in default of this Contract if it violates any material provision of this Contract. In
17
addition, the Contractor shall be in default of the Contract should any of the following occur, including,
18
but not limited to:
19
20
1.The Contractor fails to commence the collection of Garbage, Recyclables, or Yard Debris, or fails
21
to provide any portion of service under the Contract on the Date of Commencement of Service,
22
or for a period of more than five (5) consecutive days at any time during the term of this
23
Contract;
24
25
2.The Contractor fails to obtain and maintain any permit, certification, authorization, or license
26
required by the City, County, or any federal, State, or other regulatory body in order to collect
27
materials under this Contract, or comply with any environmental standards and regulations;
28
29
3.The Contractor’s noncompliance creates a hazard to public health or safety or the environment;
30
31
4.The Contractor causes uncontaminated Recyclables or Yard Debris to be disposed of in any way,
32
such as in a landfill or incinerated at an incinerator or energy recovery facility, without the prior
33
written permission of the City;
34
35
5.The Contractor fails to make any required payment to the City, as specified in this Contract; or
36
37
6.The Contractor is assessed performance fees pursuant to Section 6.1 in excess of fifteen
38
thousand dollars ($15,000) during any consecutive six (6) month period; or
39
40
The City reserves the right to pursue any remedy available at law or in equity for any default by the
41
Contractor. In the event of default, the City shall give the Contractor ten (10) days prior written notice of
42
its intent to exercise its rights, stating the reasons for such action. However, if an emergency shall arise
43
(including but not limited to a hazard to public health or safety or the environment) that does not allow
44
ten (10) days prior written notice, the City shall promptly notify the Contractor of its intent to exercise
45
its rights. If the Contractor cures the stated reason within the stated period, or initiates efforts
46
satisfactory to the City to remedy the stated reason and the efforts continue in good faith, the City may
47
opt to not exercise its rights for the particular incident. If the Contractor fails to cure the stated reason
City of Port Townsend 42 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
within the stated period, or does not undertake efforts satisfactory to the City to remedy the stated
2
reason, then the City may at its option terminate this Contract effective immediately.
3
4
If Contractor abandons or violates any material provision of this Contract, fails to fully and promptly
5
comply with all its obligations, or fails to give any reason satisfactory to the City for noncompliance, and
6
fails to correct the same, the City, after the initial ten (10) days’ notice, may then declare the Contractor
7
to be in default of this Contract and notify the Contractor of the termination of this Contract. A copy of
8
the notice shall be sent to the Contractor and surety on the Contractor’s performance bond. Upon
9
receipt of such notice, the Contractor agrees that it shall promptly discontinue the services provided
10
under this Contract. The surety of the Contractor’s performance bond may, at its option, within ten (10)
11
days from such written notice, assume the services provided under this Contract that the City has
12
ordered discontinued and proceed to perform same, at its sole cost and expense, in compliance with the
13
terms and conditions of the Contract, and all documents incorporated herein.
14
15
In the event that the surety on the Contractor’s performance bond fails to exercise its option within the
16
ten (10) day period, the City may complete the Services provided under this Contract or any part
17
thereof, either through contract with another party or any other means.
18
19
The City shall be entitled to recover from Contractor and the surety on Contractor’s performance bond
20
as damages all expenses incurred, including reasonable attorneys’ fees, together with all such additional
21
sums as may be necessary to complete the services provided under this Contract, together with any
22
further damages sustained or to be sustained by the City.A surety performing under this Contract shall
23
be entitled to payment in accordance with this Contract for Contract services provided by the surety,
24
and shall otherwise be subject to the same rights and obligations with respect to the Contract services
25
furnished by the surety as would be applicable if the Contract services were to be performed by the
26
Contractor. The City’s obligation to pay for such Contract services shall be subject to satisfactory
27
performance by the surety as well as to setoffs or recoupments for sums, if any, owed by Contractor to
28
City on account of Contractor’s abandonment or default.
29
30
If the City employees provide Garbage, Recyclables or Yard Debris collection, the actual incremental
31
costs of city labor, overhead, and administration shall serve as the basis for a charge to the Contractor
32
and the surety on the Contractor’s performance bond.
33
34
35
7. NOTICES
36
37
All notices required or contemplated by this Contract shall be in writing and personally served or mailed
38
(postage-prepaid and return receipt requested), addressed to the parties as follows, or as amended by
39
the City:
40
To the City:
41
City Manager
42
City of Port Townsend
43
250 Madison Street
44
Port Townsend, WA 98368
45
46
Copy to the Public Works Director
47
(same address as above)
City of Port Townsend 43 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
2
To Contractor:
3
4
5
6
7
8
8. GENERAL TERMS
9
10
8.1 Collection Right
11
12
Throughout the Contract Term, the Contractor shall be the exclusive provider with which the City shall
13
contract to collect Garbage, Yard Debris and Recyclables placed in designated Containers and set out in
14
the regular collection locations within the City Service Area subject to this Contract. When asked by the
15
Contractor, the City shall make a good faith effort to protect the exclusive rights of the Contractor under
16
this Contract; however, the City shall not be obligated to instigate, join in or contribute to the expense
17
of litigation to protect the exclusive rights of the Contractor unless the City’s institution of or joinder in
18
such litigation is necessary for the protection of such rights. The Contractor may independently enforce
19
its rights under this Contract against third party violators, including, but not limited to, seeking
20
injunctive relief, and the City shall use good faith efforts to cooperate in such enforcement actions
21
brought by the Contractor (without obligating the City to join any such litigation, except for as provided
22
in this paragraph). Such efforts may include but not be limited to cease and desist letters, assistance
23
with documenting violations, and other activities as City staff time reasonably allows.
24
25
This Contract provision shall not apply to Garbage, Recyclables, or Yard Debris self-hauled by the
26
generator; to Source-separated materials hauled by common or private carriers (including drop-off
27
recycling sites); or to construction/demolition waste hauled by self-haulers or construction or
28
demolition contractors in the normal course of their business.
29
30
8.2 Access to Records
31
32
The Contractor shall maintain in its local office full and complete operations, Customer, financial, and
33
service records that at any reasonable time shall be open for inspection and copying for any reasonable
34
purpose by the City. In addition, the Contractor shall maintain in an office in Jefferson County reporting
35
records and billing records pertaining to the Contract that are prepared in accordance with Generally
36
Accepted Accounting Principles, reflecting the Contractor’s services provided under this Contract. Those
37
Contractor’s accounts shall include, but shall not be limited to, all records, invoices, and payments under
38
the Contract, as adjusted for additional and deleted services provided under this Contract. The City shall
39
be allowed access to these records for audit and review purposes, subject to the same protections of
40
the Contractor’s financial or other proprietary information set forth in Section 5.3.
41
42
The Contractor shall make available copies of certified weight slips for Garbage, Recyclables, and Yard
43
Debris on request within two (2) business days of the request. The weight slips may be requested for
44
any period during the Term of this Contract.
45
46
8.3 Insurance
City of Port Townsend 44 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
NOTE TO PROPONENTS: The City understands that various companies have different insurance
2
arrangements and possibly have partial self-insurance. The insurance terms in the executed can be
3
adjusted to match the specifics of a particular firm’s arrangements, provided that the underlying
4
amounts, scope and overall coverage are consistent with this section, the coverage is occurrence-based,
5
and that the City’s Risk Manager approves the changes at his/her sole option.
6
7
The Contractor shall procure and maintain, for the Term of the Contract, insurance that meets or
8
exceeds the coverage set forth below, as determined in the sole reasonable discretion of the City. The
9
cost of such insurance shall be paid by the Contractor.
10
11
Contractor’s maintenance of insurance as required by this Contract shall not be construed to limit the
12
liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City’s
13
recourse to any remedy available at law or in equity.
14
8.3.1 Minimum Scope of Insurance
15
16
The Contractor shall obtain insurance that meets or exceeds the following of the types described below:
17
18
1.Automobile Liability insurance covering all owned, non-owned, hired, and leased vehicles.
19
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
20
providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide
21
contractual liability coverage. The policy shall include the ISO CA 9948 Form (or its equivalent)
22
for transportation of cargo and a MCS 90 Form in the amount specified in the Motor Carrier Act.
23
The policy shall include a waiver of subrogation in favor of the City. The City shall be named as
24
an additional insured under the Contractor’s Automobile Liability insurance policy.
25
26
2.Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01, or a
27
substitute form providing equivalent liability coverage and shall cover liability arising from
28
premises, operations, independent contractors, products-completed operations, personal injury
29
and advertising injury, and liability assumed under an insured contract. There shall be no
30
endorsement or modification of the Commercial General Liability insurance for liability arising
31
from explosion, collapse, or underground property damage. The City shall be named as an
32
additional insured under the Contractor’s Commercial General Liability insurance policy with
33
respect to the work performed for the City, using ISO additional insured endorsements CG 2010
34
0704 and CG 2037 0704.
35
36
3.Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of
37
Washington.
38
39
4.Contractor’s Pollution Liability insurance coverage covering any claim for bodily injury, personal
40
injury, property damage, cleanup costs, and legal defense expenses applying to all work
41
performed under the contract, including that related to transported cargo. The City shall be
42
named as an additional insured under the Contractor’s Pollution Liability insurance policy.
City of Port Townsend 45 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
2
8.3.2 Minimum Amounts of Insurance
3
4
Contractor shall maintain at a minimum the following insurance limits:
5
6
1.Automobile Liability insurance with a minimum combined single limit for bodily injury and
7
property damage of five million dollars ($5,000,000) for each accident. Limits may be achieved
8
by a combination of primary and umbrella policies.
9
10
2.Commercial General Liability insurance shall be written with limits no less than three million
11
dollars ($3,000,000) for each occurrence, five million dollars ($5,000,000) general aggregate,
12
and a two million dollar ($2,000,000) products-completed operations aggregate limit. Limits
13
may be achieved by a combination of primary and umbrella policies.
14
15
3.Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of
16
Washington.
17
18
4.Contractor’s Pollution Liability insurance shall be written with limits no less than five million
19
dollars ($5,000,000) combined single limit for each pollution condition for bodily injury, personal
20
injury, property damage, cleanup costs, and legal defense expense.
21
22
8.3.3 Other Insurance Provisions
23
24
The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile
25
Liability, Commercial General Liability, and Contractor’s Pollution Liability coverage:
26
27
1.The Contractor’s insurance coverage shall be the primary insurance with respect to the City, its
28
officials, employees, and volunteers. Any insurance, self-insurance, or insurance pool coverage
29
maintained by the City shall be in excess of the Contractor’s insurance and shall not contribute
30
with it. The City, its officials, employees, agents, and volunteers shall be named as additional
31
insured’s on the Contractor’s Automobile Liability, Commercial General Liability, and Pollution
32
Liability insurance policies, via blanket-form endorsement.
33
34
2.Coverage shall state that the Contractor’s insurance shall apply separately to each insured
35
against whom claim is made or suit is brought, except with respect to the limits of the insurer’s
36
liability.
37
38
3.Each insurance policy required by the insurance provisions of this Contract shall provide the
39
required coverage and shall not be canceled except after thirty (30) days prior written notice has
40
been given to the City. Such notice shall be sent directly to the City. If any insurance company
41
refuses to provide the required notice, the Contractor or its insurance broker shall notify the
42
City of any cancellation of any insurance immediately on receipt of insurers’ notification to that
43
effect.
44
45
8.3.4 Acceptability of Insurers
46
47
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
City of Port Townsend 46 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
2
8.3.5 Verification of Coverage
3
4
The Contractor shall furnish the City’s Risk Manager and City Attorney Department with original
5
certificates and a copy of the blanket-form amendatory endorsements as required herein, including, but
6
not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements
7
of the Contractor at least a month before the Date of Commencement of Service of this Contract.
8
9
8.3.6 Subcontractors
10
11
The Contractor shall include all subcontractors as insured under its policies or shall furnish separate
12
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject
13
to all of the same insurance requirements as stated herein for the Contractor, including the requirement
14
that the City, its officials, employees, and volunteers be named additional insured’s on the Contractor’s
15
insurance policy and shall provide applicable endorsements in a form acceptable and approved by the
16
City.
17
18
8.4 Performance Bond
19
20
The Contractor shall provide and maintain at all times a valid Contractor’s Performance and Payment
21
Bond or bonds in a form acceptable and approved by the City in the amount of five hundred thousand
22
dollars ($500,000). The bond(s) shall be issued for a period of not less than one (1) year, and the
23
Contractor shall provide new bond(s) to the City no less than sixty (60) calendar days prior to the
24
expiration of the bond(s) then in effect. The City shall have the right to call the bond(s) in full in the
25
event its renewal is not confirmed prior to five (5) calendar days before its expiration.
26
27
8.5 Indemnification
28
29
8.5.1 Indemnify and Hold Harmless
30
31
1. Contractor shall indemnify, defend, protect, and hold harmless the City, its elected and
32
appointed officials, officers, employees, representatives and agents, from any and all third party claims
33
or suits, and any damages, costs, judgments, awards or liability resulting from such claims or suits, (a)
34
for injury or death of any person or damage to property to the extent the same is caused by the actual
35
or alleged negligent acts or omissions, or willful misconduct, of Contractor, its agents, servants,
36
representatives, officers, or employees in the performance of this Contract and any rights granted
37
hereunder, or b) to the extent such claim or demand is caused by Contractor’s unlawful release of
38
Hazardous Waste in violation of any Environmental Law in its performance of Services and exercise of
39
any rights granted hereunder. This indemnity under subsection 8.5.1.(1)(b) includes each of the
40
following to the extent the same is caused by Contractor’s unlawful release of Hazardous Substances in
41
violation of applicable Environmental Laws: (i) liability for a governmental agency’s costs of removal or
42
remedial action for such release by Contractor of Hazardous Waste; (ii) damages to natural resources
43
caused by Contractor’s release of Hazardous Waste, including reasonable costs of assessing such
44
damages; (iii) liability for any other person’s costs of responding to such release by Contractor of
45
Hazardous Waste; and (iv) liability for any costs of investigation, abatement, correction, cleanup, fines,
46
penalties, or other damages arising under any Environmental Laws that are caused by Contractor’s
47
release of Hazardous Waste. Provided, however, such indemnification shall not extend to any portion of
City of Port Townsend 47 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
any claims, demands, liability, loss, cost, damage or expense of any nature whatsoever including all costs
2
and attorneys’ fees caused by the willfully tortious, or negligent acts or omissions of the City, its agents,
3
employees, official, officers, contractors or subcontractors.
4
5
2. In the event any claim for such damages be presented to or filed with the City, the City shall
6
promptly notify Contractor thereof, and Contractor shall have the right, at its election and at its sole cost
7
and expense, to settle and compromise such claim, provided further, that in the event any suit or action
8
is filed against the City based upon any such claim or demand, the City shall likewise promptly notify
9
Contractor thereof, and Contractor shall have the right, at its election and its sole cost and expense, to
10
settle and compromise such suit or action, or defend the same at its sole cost and expense, by attorneys
11
of its own election. The indemnification obligations set forth herein shall extend to claims which are not
12
reduced to a suit and any claims which may be compromised, with Contractor’s written consent, prior to
13
the culmination of any litigation or the institution of any litigation. The City has the right to defend or
14
participate in the defense of any such claim at its own cost and expense, provided that Contractor shall
15
not be liable for such settlement of other compromise unless it has consented thereto in writing.
16
17
The provisions contained herein have been mutually negotiated by the Parties. Solely to the
18
extent required to enforce the indemnification provisions of this Section 8.5.1, Contractor waives its
19
immunity under Title 51 RCW, Industrial Insurance; provided, however, the foregoing waiver shall not in
20
any way preclude Contractor from raising such immunity as a defense against any claim brought against
21
Contractor by any of its employees.
22
23
Inspection or acceptance by the City of any Services performed under this Contract shall not be
24
grounds for avoidance of any of these covenants of indemnification. This indemnification obligations
25
shall extend to claims which are not reduced to a suit and any claims which may be compromised, with
26
Contractor’s prior written consent, prior to the culmination of any litigation or the institution of any
27
litigation.
28
29
The provisions of this section shall survive the termination or expiration of this Contract.
30
31
8.6 Confidentiality of Information
32
33
Pursuant to the Washington Public Records Act (“PRA”), chapter 42.56 RCW, public records, as defined
34
by the PRA may be subject to disclosure upon request by any person, unless the documents are exempt
35
from public disclosure by a specific provision of law.
36
37
If the City receives a request for inspection or copying of any such documents, it shall promptly notify
38
the Contractor in writing regarding the public records request. The City will give the Contractor ten (10)
39
business days after such notification within which to obtain a court order prohibiting the release of the
40
documents. The City assumes no contractual obligation to enforce any exemption under the PRA.
41
42
8.7 Assignment of Contract
43
44
8.7.1 Assignment or Pledge of Money by the Contractor
45
46
The Contractor shall not assign or pledge any of the money due under this Contract without securing the
47
prior written approval of the surety of the Contractor’s performance bond and providing at least thirty
City of Port Townsend 48 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
(30) day’s prior written notice to the City of such assignment or pledge together with a copy of the
2
surety’s approval thereof. Such assignment or pledge, however, shall not release the Contractor or its
3
sureties from any obligations or liabilities arising under or because of this Contract. The requirements of
4
this section shall not apply to the grant of a general security interest in the Contractor’s assets to secure
5
the Contractor’s obligations under any loan or credit facility entered into by the Contractor or the
6
Contractor’s parent.
7
8
8.7.2 Assignment, Subcontracting, Delegation of Duties
9
10
The Contractor shall not assign or sub-contract any of the services provided under this Contractor
11
delegate any of its duties under this Contract without the prior written approval of the City, which may
12
be granted or withheld in the City’s sole discretion.
13
14
In the event of an assignment, sub-contracting, or delegation of duties, the Contractor shall remain
15
responsible for the full and faithful performance of this Contract and the assignee, subcontractor, or
16
other obligor shall also become responsible to the City for the satisfactory performance of the services
17
to be provided under this Contract. The City may impose conditions of approval on any such assignment,
18
subcontracting, or Change of Control, including but not limited to requiring the delivery by the assignee,
19
subcontractor, or other obligor of its covenant to the City to fully and faithfully complete the services to
20
be provided under this Contract or responsibilities undertaken. In addition, the assignee, subcontractor,
21
or obligor shall sign a separate statement agreeing to abide by all terms and conditions of this Contract.
22
The City may terminate this Contract if the assignee, subcontractor, or obligor does not comply with this
23
clause.
24
25
For the purposes of this Contract, any change of control of the Contractor shall be considered an
26
assignment subject to the requirements of this section. Nothing herein shall preclude the City from
27
executing a novation, allowing the new ownership to assume the rights and duties of the Contract and
28
releasing the previous ownership of all obligations and liability.
29
30
8.7.3 Change of Trade Name
31
32
In the event the Contractor wishes to change the trade name under which it does business under this
33
Contract, the Contractor shall provide the name, logo, and colors under which it will be doing business in
34
writing to the City at least thirty (30) days prior to the effective date of its change of trade name. Within
35
a reasonable period following a change of trade name by the Contractor, all items, logos, articles, and
36
implements seen by the public shall be changed, including but not limited to letterhead, signs,
37
promotional materials, website pages, billing statements, envelopes, and other items. Vehicles are the
38
only exception; vehicles must be repainted with new trade name, and any new logo or colors, within
39
two (2) years of the effective date of the change of trade name.
40
41
8.8 Laws to Govern/Venue
42
43
This Contract shall be governed by the laws of the State of Washington both as to interpretation and
44
performance. Venue shall be in Superior Court in the State of Washington for Jefferson County.
45
46
8.9 Compliance with Applicable Laws and Regulations
47
City of Port Townsend 49 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
The Contractor shall comply with all federal, state, and local regulations and ordinances applicable to
2
the work to be done under this Contract. Any violation of the provisions of this section shall be
3
considered a violation of a material provision of this Contract and shall be grounds for cancellation,
4
termination, or suspension of the Contract by the City, and may result in ineligibility for further work for
5
the City.
6
7
The Contractor agrees not to discriminate against any employee or applicant for employment or any
8
other persons in the performance of this Contract because of race, religion, creed, color, national origin,
9
marital status, gender, age, disability, sexual orientation, gender identity, or other circumstances as may
10
be defined by federal, state, or local law or ordinance, except for a bona fide occupational qualification.
11
Without limiting the foregoing, Contractor agrees to comply with the provisions of the Affidavit of Equal
12
Opportunity & Title VI Compliance requirements incorporated herein by this reference. The Contractor
13
agrees to post in conspicuous places, available to employees and applicants for employment, notices to
14
be provided by the Contractor setting forth the provisions of this nondiscrimination clause.
15
16
Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the Washington Industrial
17
Safety and Health Act of 1973 (WISHA), and standards and regulations issued under these Acts from
18
time-to-time must be complied with, including ergonomic and repetitive motion requirements. The
19
Contractor must indemnify and hold harmless the City from all damages, injuries or losses assessed for
20
the Contractor’s failure to comply with the Acts and Standards issued therein. The Contractor is also
21
responsible for meeting all local, state, and federal health and environmental regulations and standards
22
applying to the operation of the collection and processing systems used in the performance of this
23
Contract.
24
25
The Contractor is specifically directed to observe all weight-related laws and regulations in the
26
performance of these services, including axle bridging and loading requirements.
27
28
8.10 Permits and Licenses
29
30
The Contractor and subcontractors shall secure a City business license and pay all fees and taxes levied
31
by the City. The Contractor shall obtain all permits, certifications, authorizations, and licenses necessary
32
to provide the services required herein prior to the Date of Execution of this Contract at its sole expense.
33
34
The Contractor shall be solely responsible for all taxes, fees, and charges incurred, including, but not
35
limited to, license fees and all federal, state, regional, county, and local taxes and fees, including income
36
taxes, property taxes, permit fees, operating fees, surcharges of any kind that apply to any and all
37
persons, facilities, property, income, equipment, materials, supplies, or activities related to the
38
Contractor’s activities under the Contract, business and occupation taxes, workers’ compensation, and
39
unemployment benefits.
40
41
8.11 Relationship of Parties
42
43
The City and Contractor intend that an independent contractor relationship shall be created by this
44
Contract. The implementation of services shall lie solely with the Contractor. No agent, employee,
45
servant, or representative of the Contractor shall be deemed to be an employee, agent, servant, or
46
representative of the City.
47
City of Port Townsend 50 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
8.12 Bankruptcy
2
3
It is agreed that if an order for relief with respect to the Contractor is entered in any bankruptcy case,
4
either voluntarily or involuntarily, in which the Contractor is a debtor, then this Contract, at the option
5
of the City, may be terminated effective on or after the day and time the order for relief is entered.
6
7
8.13 Right to Renegotiate/Amend
8
9
The City shall retain the right to renegotiate this Contract or negotiate contract amendments at its
10
discretion or based on policy changes, state statutory changes, or County rule changes, Washington
11
State, or federal regulations regarding issues that materially modify the terms and conditions of the
12
Contract, including but not limited to any modifications to contracting terms or policies as they relate to
13
County disposal services. The City may also renegotiate this Contract should any Washington State,
14
County, or city rate or fee associated with the Contract be held illegal or any increase thereof be
15
rejected by voters. In addition, the Contractor agrees to renegotiate in good faith with the City in the
16
event the City wishes to change disposal locations or add additional services or developments to the
17
Contract and to provide full disclosure of existing and proposed costs and operational impacts of any
18
proposed changes.
19
20
This Contract may be amended, altered, or modified only by a written amendment or addendum
21
executed by authorized representatives of the City and the Contractor.
22
23
8.14 Force Majeure
24
25
Provided that the requirements of this section are met, Contractor shall not be deemed to be in default
26
and shall not be liable for failure to perform under this Contract if Contractor’s performance is
27
prevented or delayed by Acts of Nature, including landslides, lightning, forest fires, storms, floods,
28
freezing and earthquakes, terrorism, civil disturbances, acts of the public enemy, wars, blockades, public
29
riots, explosions, governmental restraint or other causes, whether of the kind enumerated or otherwise,
30
that are not reasonably within the control of the Contractor, and are not the result of the willful or
31
negligent act, error or omission of the Contractor; and that could not have been prevented by the
32
Contractor through the exercise of reasonable diligence (“Force Majeure”). The Contractor’s obligations
33
under this Contract shall be suspended, but only with respect to the particular component of obligations
34
affected by the Force Majeure and only for the period during which the Force Majeure exists.
35
36
The following events do not constitute Force Majeure: strikes, other than nationwide strikes or strikes
37
that by virtue of their extent or completeness make the particular goods or services effectively
38
unavailable to the Contractor; work stoppages or other labor disputes or disturbances occurring with
39
respect to any activity performed or to be performed by the Contractor; accidents to machinery,
40
equipment or materials; unavailability of required materials or disposal restrictions; or general economic
41
conditions.
42
43
If as a result of a Force Majeure event, Contractor is unable wholly or partially to meet its obligations
44
under this Contract, the Contractor shall notify the City by telephone and email, on or promptly after the
45
Force Majeure is first known, followed within seven (7) days by a written description of the event and
46
cause thereof to the extent known; the date the event began, its estimated duration, the estimated time
47
during which the performance of the Contractor’s obligations will be delayed; the likely financial impact
City of Port Townsend 51 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
of the event; and whatever additional information is available concerning the event and its impact on
2
the City and its Customers. The Contractor shall provide prompt written notice of the cessation of the
3
Force Majeure. Whenever such event shall occur, the Contractor, as promptly and as reasonably
4
possible, shall use its best efforts to eliminate the cause, reduce the cost, and resume performance
5
under the Contract. In addition, if as a result of a Force Majeure event, Contractor is unable wholly or
6
partially to meet its obligations under this Contract, the Contractor shall notify all Customers regarding
7
the disruption in collection service in a manner similar to the notification required in the case of
8
inclement weather under Section 4.1.7.
9
10
11
8.15 Waiver
12
13
No waiver of any right or obligation of either party hereto shall be effective unless in writing, specifying
14
such waiver, and executed by the party against whom such waiver is sought to be enforced. A waiver by
15
either party of any of its rights under this Contract on any occasion shall not be a bar to the exercise of
16
the same right on any subsequent occasion or of any other right at any time.
17
18
8.16 Incorporation of Contractor’s Proposal in Response to City’s RFP
19
20
The Contractor’s Proposal, dated ________________, submitted in response to the City’s Request for
21
Proposals, is fully incorporated by this reference, including but not limited to collection vehicle types,
22
customer service staffing and approach, processing abilities and other commitments made in the
23
Contractor’s proposal and all associated clarifications and supplemental proposal materials or
24
attachments. In the case of conflict between the Contractor’s proposal and this Contract, the provisions
25
of this Contract shall prevail.
26
27
8.17 Dispute Resolution
28
29
The Parties shall attempt to resolve any and all disputes to the mutual satisfaction of both Parties by
30
good faith discussions. Throughout the duration of a dispute, the Contractor shall continue providing all
31
Services included in this Contract. Disputes not resolved in accordance with other provisions of this
32
Contract or through good faith discussions shall be submitted to non-binding mediation before a
33
mediator acceptable to both the City and the Contractor. All costs of mediation, including the City’s
34
attorneys’ fees and expert witness fees, shall be paid for by the Contractor. Neither party may initiate or
35
commence legal proceedings prior to completion of the non-binding mediation.
36
37
8.18 Entirety
38
39
This Contract and the exhibits affixed hereto and herein incorporated by reference represent the entire
40
agreement between the City and the Contractor with respect to the services to be provided under this
41
Contract. No prior written or oral statement or proposal shall alter any term or provision of this
42
Contract.
43
44
WITNESS THE EXECUTION HEREOF on the day and year first herein above written.
45
46
CITY OF PORT TOWNSEND
47
City of Port Townsend 52 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
1
By _________________________ By ______________________________
2
(Print) ______________________ City Manager
3
4
Approved as to Form:
5
6
By ______________________________
7
City Attorney
City of Port Townsend 53 October, 2018
Comprehensive Garbage, Recyclables, and Yard Debris Collection Services Contract
EXHIBITS
1
2
3
EXHIBIT A: Contractor Rates
4
EXHIBIT B: Recyclables List
5
EXHIBIT C: Rate Modification Example
6
City of Port Townsend 1 June, 2018
Exhibits
EXHIBIT A
1
Contractor Rates
2
3
\[to be completed based on Contractor’s RFP Form 2\]
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
City of Port Townsend 1 July, 2018
City Service Area
Contract Exhibit B: Recyclables List
Recyclable Item Curb Call-in Handling Instructions Limitations
Aluminum – All clean aluminum cans, trays, pie Place in recycling Container
X
tins, foil, and clean food containers
Corrugated Cardboard – All corrugated cardboard All corrugated cardboard boxes placed in No larger than 3’ x 3’ in size, larger
boxes X or next to recycling Container. boxes shall be cut down to size and
bundled
Glass Containers – All colored or clear jars and Empty, remove lids, and place in No blue glass, ceramics, light bulbs
X
bottles, rinsed, with lids removed recycling Container.
Paper – All clean mixed paper, colored paper, Place in recycling Container.
magazines, phone books, catalogues, advertising X
supplements
Plastic Containers – All plastic bottles, jugs, tubs, Empty, clean, place in recycling Plastic bottles, jugs, tubs or
buckets and rigid plant pots (less than 12” Container. containers that have hazardous or
diameter). X toxic products, such as motor oil or
pesticides are excluded. Limit 3
buckets.
Tin Cans – All clean food and beverage tin cans Place in recycling Container.
X
1
2
City of Port Townsend 1 October, 2018
List of Recyclables
EXHIBIT C
1
NDCA\[(AODC)CETR\]
2
Fee Modification Examples
NTF
3
NOTE TO READERS: ALL AMOUNTS ARE PLACEHOLDERS AND WILL BE REVISED WITH THE
4
CONTRACTOR’S FINAL RATES.
5
6
The collection and disposal components of the Customer charges listed in Exhibit B will be adjusted
AODC
7
separately, as appropriate. The collection component of Customer charges will be adjusted annually,
8
pursuant to this Section and as described below. The disposal component of the Customer charges
9
listed in Exhibit B will be adjusted only if the City receives notification from the County of a pending
10
disposal fee adjustment, and will not become effective until the new disposal charges become effective
11
and are actually charged to the Contractor. Formulas for both collection and disposal rate adjustments
OTF
12
are provided as follows:
13
Collection Component Adjustment
14
The sum of the collection and Administrative Fee components listed in Exhibit A will be
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increased or decreased by the amount of the CPI change:
nCPI – oCPI
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NCC = PCC x \[1 + \]
17
oCPI
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19
Where NCC = The new collection and Administrative Fee components,
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adjusted for excise tax on the Administrative Fee, of the
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customer rate for a particular service level; and
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PCC = The previous collection and Administrative Fee components,
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adjusted for excise tax on the Administrative Fee, of the
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Customer rate for a particular service level; and
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nCPI = The most recent June CPI value; and
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oCPI = The CPI value used for the previous rate adjustment or, in the
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case of the first contract adjustment, the CPI value reported
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at the end of June 2019.
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Disposal Component Adjustment
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In the case of a disposal fee modification at County disposal facilities, the disposal component of
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each service level will be adjusted as follows:
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Step 1:
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35
36
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Step 2:
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39
City of Port Townsend 1 October, 2018
Fee Modification Examples
1
2
Where NDC = The new disposal charge component of the customer rate for
3
a particular service level; and
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NTF = The new disposal fee, dollars per ton; and
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ODC = The old disposal charge component of the customer rate for a
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particular service level;
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OTF = The old disposal fee, dollars per ton; and
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A = Pre-excise tax adjusted disposal component; and
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CETR = Current excise tax rate (the current State excise tax rate;
10
0.015 used for this example).
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For example, using an initial one 32-gallon cart rate of $31.35 per month: if the
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previous CPI is 143.2, the new CPI is 144.3 and the disposal fee will increase from $130
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to $140 per ton starting on January 1, 2021, the old disposal component is $4.94, and
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the State Excise Tax rate is 0.015, the January 2021 Customer charge for one 32-gallon
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cart per week Residential Curbside service would be:
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17
(144.3-143.2)
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New Collection Component = $26.41 x \[1+ ----------------\] = $26.61
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(143.2)
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21
New Disposal Component Step A calculation (as on previous page):
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\[$4.94 x (140/130)\] = $5.32
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Step B calculation (as on previous page):
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$5.32 + \[(5.32-4.94) x 0.015\] = $5.33
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26
Thus, the new Customer charge for one 32-gallon cart per week Residential Curbside service will be the
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$26.61 collection component plus the $5.33 disposal component, equaling $31.94.
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29
Administrative Fee Adjustment
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The Contractor’s Commercial and Multifamily rates shown in Exhibit B include an embedded
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Administrative Fee, which may be adjusted from time to time, pursuant to Section 5.3. The initial
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contract rates have incorporated an Administrative Fee corresponding to a x.x% fee on gross receipts
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from those Customers, as follows (1 yard, 1 pickup per week as example):
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Collection Fee ($48.26) + Disposal Fee ($29.35) + Administrative Fee ($10.87) + Excise Tax at
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1.5% on Administrative Fee ($0.16) = Customer rate of $88.64.
City of Port Townsend 2 October, 2018
Fee Modification Examples
1
In the event the City Administrative Fee is adjusted, the Administrative Fee portion of the Contractor’s
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Customer rates shall be adjusted in a manner that retains the Contractor’s underlying compensation to
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ensure that the Contractor remains whole.
4
City of Port Townsend 3 October, 2018
Fee Modification Examples