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CHANGE Contract Transactions
Contract Number 4212
+
+Vendor Name RABANCO LTD (KITSAP DISPOSAL & RECYCLING)
+Subject GARBAGE RECYCLABLES & YARD DEBRIS COLLECTION
Department ADMIN SVCS
Status Code SVC
kmount $2309564.00
Begin Date 01/01/2002
Insurance End Date 08/31/2004
Type Amount Review Date 02/15/2008
+
Insurance Total $5000000.00
Insurance Review Date 01/01/2005
Comments GL $10000000 CONTRACT ASSIGNED TO WASTE MANAGEMENT
EFFECTIVE 9/1/04 VAULT 01/01/2008
+
ADMINlaTRATIVE ~ERVI(:ES
~ I Kathleen McClu~key
July 9, 2002
Mr. Steve Caputo
Kitsap Disposal Company
8320 "B" Barney White Road
Po~t Omhard, WA. 98367
RE: Contract Changes/Clarification
Dear Mr. Caputo:
This letter reflects our agreement to the following contract changes/clarification:
1. NSF Check charges shall be $40.00 per check.
2. Temporary drop box construction containers (10 cubic yj~cl,s or larger) shall require
advance payment prior to container delivery of $2~10.00.~',.~.)
3. A temporary container shall be considered permanent after60 days.
4. Customers with a permanent account shall not receive credit for that account while
using a temporary container.
5. Minimum service is once each week for permanent accounts. Minimum service for
temporary accounts is once each month.
6. When company owned containers are brought in because of non-payment (i.e. yard
waste containers, recycling containers etc.) and the customer subsequently resumes
service, there shall be a $15 account m-instatement fee. If there is a re-delivery of a
container involved them will be an additional $15 container re-delivery fee.
Please sign and tatum one copy of this letter if you concur with items 1-6 above.
Sincerely,
Kathleen McCluskey, Director
Administrative Services
Concur:
Kitsap Disposal Company
By: St~ai~t(~, ~enera, i~lanage r Dated: ~"/7
ADMINISTRATIVE SERVICES · Kathleen McCluskey, Director
239 4th Street · Bremert~m. WA 98337 · i3601 478-52911 · FAX i360) 478-5200
January 4, 2002
Mr. Steve Caputo
Rabanco, Ltd.
8320-B Barney White Road
Port Orchard, Wa 98367
RE: Contract Amendments/clarification
Dear Mr. Caputo:
This letter reflects our agreement to the following contract changes/clarifications:
1. Page 5, Yard Debris Cart. Add the word "subscribing" in fxom of Single
Family Residences.
2. Recycling Section 2.2.2.1 Subject Materlala, Delete the word "foil" and 'haon-
ferrous" Scrap metal.
3. Amend Attachment B Customer Charges, Multifamily Yard Debris, 1 -2
Cubic Yard Container to reflect $90.96.
4. Amend Attachment B Customer Charges, Commercial Yard Debris, I -2
cubic yard container to reflect $90.96.
I believe we had one further issue regarding 32-gallon carts. There is not a cart rental
fee listed in the contract for those who use a contractor provided 32-gallon container.
Please contact me to discuss this issue and any other remaining issues I may have
missed. Sign and return one copy of this letter if you concur with items 1-4.abo~,e.
Sincerely,
Kathleen McCluskey, Director
Administrative Services
//l~y: Ste~ve Ca~o, ~en/~al Manager Dated: ~,ff-/,/-07~
Equal Opportunity Employer
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7 Comprehensive Garbage, Recyclables and Yard Debris
8 Collection Contract
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21 City of Bremerton
22 And
23 Rabanco, Ltd.
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39 January 1, 2002 - December 31, 2006
40
41 Comprehensive Garbage, Recyclables and Yard Debris Collection Contract
43 Table of Contents
45
46 RECITALS ................................................................................................................................................................. 1
47 DEFINITIONS ........................................................................................................................................................... 1
48 1. TERM OF CONTRACT ....................................................................................................................................... 6
49 2. SCOPE OF WORK .....; ......................................................................................................................................... 6
50 2.1 GENERAL COLLECTION SYSTEM REQUIREMENTS ....................................................................................... 6
51 2.1 I Service Area ............................................................................................................................................... 6
52 2.1.2 Additions to Service Area/Ann~ation .......................................................................................................6
53 2. l. 3 Ummproved Alleys/Private Roads or Drives ............................................................................................. 7
54 2.1.4 Hours/Days of Operation ........................................................................................................................... 7
55 2. l. 5 Employee Conduct .................................................................................................................................... 8
56 2. l. 6 Disabled Service ........................................................................................................................................ 8
57 2 I. 7 Holiday' Schedules ...................................................................................................................................... 8
58 2.1.8 Inclement Weather ..................................................................................................................................... 9
59 2. I. 9 Suspending Collection From Problem Customers ..................................................................................... 9
60 2./. 10 Missed Collections .................................................................................................................................
61 2. l. 1 ] Same Day Collection/Co-Collection ...................................................................................................... ]0
62 2. l. 12 Requirement to Recycle and Compost .................................................................................................... 10
63 2. l. 13 Routing, Notification and Approval ....................................................................................................... 1 l
64 2. l: 14 Equipment Age/Condition ...................................................................................................................... 1 l
65 2. l. 15 Container Requirements and Ownership ............................................................................................... 13
66 2.1.15. I Small Containers ............................................................................................................................................... 13
67 2.1.15.2 Carts .................................................................................................................................................................. 13
68 2. I. t 5.3 Detachable and Drop-box Containers ............................................................................................................... 14
69 2.1.15.4 Recycling Carts ................................................................................................................................................. 14
70 2.1.15.5 Ownership ................................................................................................................................. , ....................... 15
71 2. l. 16 Spillage .................................................................................................................................................. 15
72 2. I. 17 Pilot Programs ....................................................................................................................................... 15
73 2. l. 18 Disruption Due to Construction ............................................................................................................. 16
74 2.1.19 Contractor Planning Assistance .................................................................................... ........................ 16
75 2.1.20 Safeguarding Public and Private Facilities ........................................................................................... 16
76 2. 1.2 l Company Name ...................................................................................................................................... 16
77 2.1.22 Transition From Previous Contractor ................................................................................................... 16
78 2.2 COLLECTION SERVICES ................................................................................................................................ 18
79 2.2. l Single Family Residential Garbage Collection ....................................................................................... 18
80 2.2.1. [ Subject Materials ................................................................................................................................................. 18
81 2.2.1.2 Containers ........................................................................................................................................................... 18
82 2.2.1.3 Specific Collection Requirements ....................................................................................................................... 19
83 2.2.2 Single Family Residential Recycling Collection ...................................................................................... 19
84 2.2.2.1 Subject Materials ................................................................................................................................................ 19
85 2.2.2.2 Containers ........................................................................................................................................................... 20
86 2.2.2.3 Specific Collection Requirements ....................................................................................................................... 20
87 2.2.3 Yard Debris Collection ............................................................................................................................ 21
88 2.2.3.1 Subject Materials ................................................................................................................................................. 21
89 2.2.3.2 Containers ........................................................................................................................................................... 21
90 2.2.33 Specific Collection Reqmrements ....................................................................................................................... 22
91
City of Bremerton i September 2001
Solid Waste Collection Contract
91 Comprehensive Garbage, Recyclables and Yard Debris Collection Contract
92
93 Table qf Contents
94
95 2.2.4 Multif amily and Commercial Garbage Collection ................................................................................... 22
96 2.2.4.1 Subject Materials ................................................................................................................................................. 22
97 2.2.4.2 Containers ........................................................................................................................................................... 22
98 2.2.4.3 Specific Collection Requirements ....................................................................................................................... 23
99 2.2 5 Multifamily Recycling Collection ............................................................................................................. 23
100 2.2.5.1 Sublect Materials ................................................................................................................................................ 23
101 2.2.5.2 Containers ........................................................................................................................................................... 23
102 2.2.5.3 Specific Collection Requirements ....................................................................................................................... 24
103 2.2.6 Drop-Box Container Garbage Collection ................................................................................................ 24
104 2.2.6.1 Subject Materials ................................................................................................................................................. 24
105 2.2.6.2 Containers ..:. ....................................................................................................................................................... 24
106 2.2.6.3 Specific Collection Requirements ....................................................................................................................... 24
107 2.2.7 Temporary Customers .............................................................................................................................. 24
108 2.2.8 Service to City Facilities .......................................................................................................................... 2.5
109 2.2.9 Service Suspension for Customer :tbsence ...............................................................................................25
110 2.3 MANAGEMENT ............................................................................................................................................... 26
111 2.3 1 Responsibility of Participants ................................................................................................................. 26
112 2.3. I. 1 Contractor's Responsibilities .......................................................................................................................... ..26
113 2.3.1.2 City's Responsibilities ........................................................................................................................................ 27
114 2.3.2 Customer Service ..................................................................................................................................... 28
115 2.3.2.1 Location of Customer Service Office .................................................................................................................. 28
116 2.3.2.2 Customer Service Requirements ........................................................................................................................ 28
117 2.3.3 Cuswmer Billing Responsibilities ............................................................................................................ 30
118 2.3.4 Reporting ................................................................................................................................................. 3l
119 2.3.4.1 Monthly Reports ................................................................................................................................................. 31
120 2.3.4.2 Annual Reports ................................................................................................................................................... 32
121 2.3.4.3 Ad Hoc Repons ................................................................................................................................................... 32
122 2.3, 5 Promotion and Education ........................................................................................................................ 32
123 2.3.6 Mandatory Collection Enforcement ......................................................................................................... 33
124 2.3.7 Field Monitoring ...................................................................................................................................... 34
125 2.3.8 Transition to Next Contractor .................................................................................................................. 34
126 3. COMPENSATION .............................................................................................................................................. 34
127 3.1 COMPENSATION TO THE CONTRACTOR ................................................................................. : .................... 34
128 3.2 COMPENSATION TO THE CITY ...................................................................................................................... 35
129 3.3 COMPENSATION ADJUSTMENTS .................................................................................................................. 35
130 3.4 CHANGE IN LAW ............................................................................................................................................ 36
131 4. FAILURE TO PERFORM, REMEDIES, TERMINATION .................................................. ~ ........................ 37
132 4.1 LIQUIDATED DAMAGES ................................................................................................................................ 37
133 4.2 CONTRACT DEFAULT .................................................................................................................................... 39
134 5. NOTICES ............................................................................................................................................................. 41
135 6. GENERAL TERMS ............................................................................................................................................. 41
136 6.1 COLLECTION RIGHT ...................................................................................................................................... 41
137 6.2 ACCESS TO RECORDS ................................................................................................................................... 42
138 6.3 CONTRACTOR TO MAKE EXAMINATIONS ................................................................................................... 42
139 6,4 AVAILABILITY OF COLLECTION VEHICLES ................................................................................................ 42
140
City of Bremerton ii September 2001
Solid Waste Collection Contract
140 Comprehensive Garbage, Recyclables and Yard Debris Collection Contract
141
142 Table of Contents
143
144 6.5 INSURANCE .................................................................................................................................................... 43
145 6.5.1 General Requirements .............................................................................................................................. 43
146 6. 5.2 Coverage .................................................................................................................................................. 44
147 6. 5.3 Minimum Limits ...................................................................................................................................... 45
148 6.5.4 ACORD Form .......................................................................................................................................... 45
149 6.6 PERFORMANCE BOND ................................................................................................................................... 45
150 6.7 INDEMNIFICATION ......................................................................................................................................... 45
151 6.8 ASSIGNMENT OF CONTRACT ........................................................................................................................ 46
152 6.8,1 Asstgnment or Pledge of Money by the Contractor ................................................................................. 46
153 6.8.2 Assignment; Subcontracting; Delegation of Duties ........................................................................ : ........ 46
154 6.9 LAWS TO GOVERN/VENUE ........................................................................................................................... 46
155 6.10 COMPLIANCE WITH LAW ............................................................................................................................ 46
156 6.11 PERMITS AND LICENSES ............................................................................................................................. 47
157 6.12 RELATIONSHIP OF PARTIES ........................................................................................................................ 47
158 6.13 BANKRUPTCY .............................................................................................................................................. 47
159 6.14 RIGHT TO KENEGOTIATE/AMENDMENT .................................................................................................... 47
160 6.15 FORCE MAJEURE ........................................................................................................................................ ;48
161 6.16 COSTS AND ATTORNEY'S FEES .................................................................................................................. 48
162 6.17 ILLEGAL PROVISIONS ................................................................................................................................. 48
163 6.18 WAIVER ........................................................................................................................................................ 48
164 6.19 ENTIRETY ..................................................................................................................................................... 48
165
166 Attachment A: City Service Area
167 Attachment B: Customer Charges
168 Attachment C: Rate Modification Example
169
City of Bremerton iii September 2001
Solid Waste Collection Contract
170 RECITALS
171
172 WHEREAS, the City of Bremerton has conducted a competitive process to determine a
173 contractor to provide garbage, recyclables and yard debris collection services to City residents,
174 businesses and institutions; and
175
176 WHEREAS, having completed the competitive process, the City of Bremerton has selected the
177 best candidate to provide the services, facilities and equipment outlined in the competitive
178 process; and
179
180 WHEREAS, Rabanco, Ltd. represents that it has the experience, resources and expertise
181 necessary to provide such services, facilities and equipment; and
182
183 WHEREAS, the City of Bremerton desires to enter into this Contract with Rabanco, Ltd. for the
184 services, facilities and equipment outlined in the competitive process;
185
186 NOW, THEREFORE, in consideration of the mutual covenants, agreements and promises herein
187 contained, the City of Bremerton and Rabanco, Ltd. do hereby agree as follows:
188
189
190 DEFINITIONS
191
192 Administrative Fee: The term "Administrative Fee' ' means a monthly fee remitted to the
193 City from the Contractor.
194
195 Administrator: The word "A dmLrristrator' ' means the official of the City holding the office of
196 Administrative Services Director, or their designated representative.
197
198 Bulky Waste - The term "Bulky Waste'' means oversized items that do not fit within
199 standard Single Family Residential service level containers. Bulky Wastes include appliances,
200 couches, mattresses, tires and other similar oversized materials.
201
202 Cart: The term "Cart' ' means a City-approved container that is a water-tight galvanized sheet
203 metal or plastic container not exceeding 12 cubic feet or 96 gallons in capacity; weighing not
204 over 150 pounds when full; fitted with at least 2 sturdy wheels for ease of movement; fitted
205 with a hinged, tight-fitting lid; and fitted with a bar designed for mechanical emptying into the
206 Contractors collection service vehicle. All containers shall be rodent and insect proof and kept
207 in a sanitary condition at all times.
208
209 City: The word "City' ' mean s the City of Bremerton, located in Kitsap County, Washington.
210
211 City Service Area: The term "City Service Area' ' means the portion of the City subject to this
212 Contract for services, provided as Attachment A to this Contract. The initial City Service Area
213 shall be the corporate limits of the City, except for recent annexation areas in which other
214 haulers have interim franchise rights pursuant to State Law.
215
City of Bremerton 1 September 2001
Solid Waste Collection Contract
216 Commercial Customer: The term "Commercial Customer' ' means non-Residential customers
217 including businesses, institutions, governmental agencies, Multifamily customers with
218 commercial accounts, and all other users of commercial-type Garbage collection services.
219
220 Contractor: The word "Con tractor' ' means Rabanco, Ltd., which has contracted with the City
221 to coLlect and dispose of Garbage and to collect, process, market and transport Source-separated
222 Recyclabtes and Yard Debris.
223
224 Curb or Curbside: The words "Curb or Curbside' ' mean on the homeowners' property,
225 within five feet of the Public Street without blocking sidewalks, driveways or on-street parking.
226 If extraordinary circumstances preclude such a location, Curbside shaLl be considered a
227 placement suitable to the resident, convenient to the Contractor's equipment, and mutually
228 agreed to by the City and Contractor.
229
230 Detachable Container:. The term "Detachable Container" means a watertight metal or
231 plastic container equipped with a tight fitting cover, capable of being mechanically unloaded
232 into a collection vehicle, and that is not less than one cubic yard nor greater than eight cubic
233 yards in capacity.
234
235 Disposal Site: The term "Disposal Site'' means that location, either landfill or transfer
236 station, designated by the Kitsap County Comprehensive Solid Waste Management Plan and
237 approved through the Interlocal agreement between the City of Bremerton and Kitsap Cormty
238 dated May 8, 2000.
239
240 Drop-box Container:. The term "Drop-box Container" means an all metal container with ten
241 cubic yards or more capacity which is loaded onto a specialized collection vehicle, transported
242 to a disposal or recycling site, emptied and transported back to the customer's site.
243
244 Garbage: The word "Garbage' ' means all putrescible and nonputrescible solid and semi-
245 solid wastes, including, but not limited to, rubbish, ashes, industrial wastes, swill, demolition
246 and construction wastes, and discarded commodities that are placed by customers of the
247 Contractor in appropriate bins, bags, cans or other receptacles for collection and disposal by the
248 Contractor. The term "Garbage'' shall not include Special Wastes or Source-separated
249 Residential Recyclables and Yard Debris.
250
251 Garbage Can: The term "Garbage Can' ' means a City-approved container ~hat is a water-
252 tight galvanized sheet metal or plastic container not exceeding four cubic feet or thirty-two
253 gallons in capacity; weighing not over fifteen pounds when empty or fifty pounds when full;
254 fitted with two sturdy handles, one on each side; and fitted with a tight cover equipped with a
255 handle. All containers shall be rodent and insect proof and kept in a sanitary condition at all
256 times.
257
258 Micro-can: The term "Micro-can" means a container that is a water-fight galvanized sheet-
259 metal or plastic container not exceeding ten gaLlons in capacity or fifteen pounds in weight
260 when full; fitted with two sturdy handles, one on each side; and fitted with a tight cover
261 equipped with a handle. All containers shall be rodent and insect proof and kept in a sanitary
262 condition at all times.
263
City of Bremerton 2 September 2001
Solid Waste Collection Contract
264 Mini-can: The term "Min i-can" means a container that is a water-tight galvanized sheet-
265 metal or plastic container not exceeding twenty gallons in capacity or thirty pounds in weight
266 when full; fitted with two sturdy handles, one on each side; and fitted with a tight cover
267 equipped with a handle. All containers shall be rodent and insect proof and kept in a sanitary
268 condition at all times.
269
270 Mixed Paper. The term "Mixed Paper' ' means magazines, junk mail, phone books, bond or
271 ledger grade, cardboard and paperboard packaging and other fiber-based materials meeting
272 industry standards. Tissue paper, paper towels, food-contaminated paper or paper packaging
273 combined with plastic wax or foil is excluded from the definition of Mixed Paper.
274
275 Multi family Residence or Multifamily: The term "Multifamily Residence' ' or
276 "Multifamily' ' means a multiple-unit Residence with five or more attached units or served by
277 a common solid waste'storage container.
278
279 Private Drive: The term "P rivate Drive' ' mean s a privately owned or maintained way serving
280 fewer than four Residences; or serving less than one Residence for every 100 yards in distance.
281
282 Private Road: The term "Private Road' ' means a privately owned and maintained way that
283 allows for access by a service t~uck and that serves four or more Residences.
284
285 Public Street: The term "PubLic Street' ' means a public way used for public ~ravel, including
286 public alleys.
287
288 Recycling Cart: The term "Recyclin g Cart' ' means a Contractor-provided 35-gallon, 64-gallon
289 or 96-gallon wheeled cart, and separate recycling bin or cart insert for glass containers, suitable
290 for the household collection, storage and Curbside placement of Source-separated Residential
291 Recyclables.
292
293 Recycling Container:. The term "Recycling Container' ' means a Contractor- or City-provided
294 container suitable for on-site collection, storage and placement of Source-separated Recyclables
295 at Muitifamily Residences.
296
297 Residence, Residential: The terms "Residence'' and "Residential' ' mean living space(s)
298 individually rented, leased or owned.
299
300 Residential Recyclables: The term "Residential Recyclables'' means aluminum cans;
301 corrugated cardboard; glass containers; Mixed Paper; motor oil; newspaper; recyclable plastic
302 containers that have contained non-hazardous products; polycoated cartons; Scrap Metals; tin
303 cans; and such other materials that the City and Contractor determine to be recyclable.
304
305 Scrap Metals: The term "Scrap Metals' ' means ferrous and non-ferrous metals not to exceed
306 two feet in any direction and 35 pounds in weight per piece.
307
308 Single Family Residence: The term "Single Family Residence'' means all individual
309 detached houses, duplexes, triplexes, four-plexes, mobile homes and other Residences with
310 individual collection that are separately billed and are located on a Public Street or Private
311 Road. Duplexes, triplexes and four-plexes may be considered Multifamily Residences if the
City of Bremerton 3 September 2001
Solid Waste Collection Contract
312 owner arranges for and pays for common garbage and recycling containers. Residences located
313 in an area that does not allow safe access, turn-around or clearance for service vehicles, or on a
314 Private Drive will be provided service if materials are set out adjacent to a Public Street or
315 Private Road.
316
317 Source-separated Recyclables: The term "Source-separated Recyclables" means certain
318 reclaimable materials that are separated from Garbage by the generator for recycling or reuse,
319 including, but not limited to paper fibers, metals, glass, plastics, organics and other materials.
320
321 Special Waste: The term "Special Waste' ' means any waste included in the definition of Type
322 A or Type B Special Waste. In addition, any waste from a non-Residential source that is not
323 specifically included in the Type A or Type B definitions, but that poses a threat of being a
324 hazardous waste or that requires special handling may be considered a Special Waste.
325
326 Type A Special Waste: The term "Type A Special Waste' ' mean s any discarded material from
327 a non-Residential source meeting any of the following descriptions:
328
329 a. Waste from an industrial process (including process sludges).
330
331 b. Waste from a pollution control process (e.g., baghouse dust, treatment plant
332 sludge, filter cake, sedimentation pond cleanout, etc.).
333
334 c. Waste containing free liquids as determined by Method 9095 (Paint Filter
335 Liquids Test), described in "Test Methods for Evaluating Solid Waste,
336 Physical/Chemical Methods" USEPA Publication SW-846, which is hereby
337 incorporated by reference.
338
339 d. Chemical-containing equipment removed from service, in which the chemical
340 composition and concentration are unknown.
341
342 e. Any waste that is non-hazardous as a result of treatment pursuant to Resource
343 Conservation and Recovery Act Subtitle C.
345 f. Residue and debris from the cleanup of a spill of a waste chemical substance or
346 commercial product or a waste listed in a. - e. above or g. below.
347
348 g. Contaminated residuals from the cleanup of a facility generating, storing,
349 treating, recycling or disposing wastes, chemical substances or commercial
350 products listed in a. - f.
351
352 Type B Special Waste: The Term "Type B Special Waste' ' means any discarded material
353 from a non-Residential source meeting any of the following descriptions:
354
355 a. Commercial products or chemicals that are off-specifications, outdated, unused
356 or banned. Outdated or off-specification uncontaminated food or beverage
357 products in original consumer containers are not Special Waste.
358
City of Bremerton 4 September 2001
Solid Waste Collection Contract
359 b. Friable asbestos from building demolition or cleaning; wallboard, wall spray
360 coverings, pipe insulation, etc. Nonfriable asbestos is a Special Waste if it has
361 been processed, handled or used in such a way that asbestos fibers may be freely
362 released. Asbestos-bearing industrial process waste is a Type A Special Waste.
363
364 c. Untreated medical waste - Any waste capable of inducing infection due to
365 contamination with infectious agents from a bio-medical source, including but
366 not limited to, a practitioner, mortuary, taxidermist, veterinarian, veterinary
367 hospital, animal testing laboratory or medical testing laboratory.
368
369 d. Treated medical waste - Any waste from a bio-medical source, including but not
370 limited to, a hospital, medical clinic, nursing home, medical practitioner,
371 mortuary, taxidermist, veterinarian, veterinary hospital, animal testing
372 laboratory or medical testing laboratory.
373
374 e. Residue/sludges from septic tanks, food service grease traps, wash waters and
375 wastewater from commercial laundries, Laundromats and car washes.
376
377 f. Chemical-containing equipment removed from service, in which the chemical
378 composition and concentration are known (e.g. filters, cathode ray tubes, lab
379 equipment, acetylene tanks, fluorescent light tubes, etc.).
380
381 g. Waste produced from the demolition or dismantling of industrial process
382 equipment of facilities contaminated with chemicals from the industrial process.
383 (Note: Chemicals or wastes removed or drained from such equipment of
384 facilities are Type A Special Wastes).
385
386 h. Incinerator ash generated at a resource recovery facility that burned only non-
387 hazardous household, commercial or industrial waste and qualifies for the
388 hazardous waste exclusion in 40 CFR 261.4Co).
389
390 i. Filter - oil, paint, emissions control, etc.
391
392 WUTC: The term"WU TC' ' mean s the Washington Utilities and Transportation Commission.
393
394 Yard Debris: The term "Yard Debris' ' means leaves, grass and clippings of woody as well as
395 fleshy plants. Unflocked Christmas trees are acceptable as Yard Debris if cut up and bundled.
396 Materials larger than four inches in diameter or four feet in length are excluded. Bundles of
397 Yard Debris shall be secured by degradable string or twine, not nylon or other synthetic or non-
398 degradable material.
399
400 Yard Debris Cart: The term "Yard Debris Cart'' means a Contractor-provided 96-gallon
401 wheeled cart provided to all Single Family Residences and to subscribing Mulfifamily and
402 Commercial Customers for the purpose of containing and collecting Yard Debris.
403
404 AGREEMENT
405
City of Bremerton 5 September 2001
Solid Waste Collection Contract
406 This agreement (and Attachments A-C that constitute this agreement) (hereafter "Contract" )
407 is made and entered into this day of , 2001, by and between the City of
408 Bremerton, a municipal corporation (hereafter "City' '), and Rabanco, Ltd., a Washington
409 corporation (hereafter "Contractor' '). The City's Request for Bid document and the
410 Contractor's bid proposal are hereby incorporated by reference. In the event of a corifiict
411 between the Request for Bid or the Contractor's bid and this Contract, this Contract shall
412 prevail.
413
414 1. Term of Contract
415
416 The term of this Contract is five years, starting January 1, 2002, and expiring December 31, 2006.
417 The City reserves the right, at its sole option, to extend the Contract for up to two separate
418 extensions, each of which shall not be less than one year nor more than two years. Any such
419 extension shall be under the original terms and conditions of this Contract. To exercise its
420 option to extend this Contract, notice shall be given in writing by the Administrator to the
421 Contractor by June 30th of the year prior to the expiration of the Contract term or the expiration
422 of a previous extension.
423
424 2. Scope of Work
425
426 2.1 General Collection System Requirements
427 2.3..1 Service Area
428
429 The Contractor shall provide all services pursuant to this Contract throughout the entire City
430 Service Area shown in Attachment A.
431 2.1.2 Additions to Service Area/Annexation
432
433 If, during the term of the Contract, additional territory is added to the City thxough annexation
434 or other means within which the Contractor has an existing WUTC certificate or other franchise
435 for solid waste collection at the time of annexation, the Contractor shall promptly make
436 collection in such annexed area in accordance with the provisions of this Contract at the unit
437 prices set forth in this Contract.
438
439 In the event the City armexes areas within which the Contractor has an existing WUTC
440 certificate or other franchise for solid waste collection and removal, the Contractor agrees, by
441 accepting this Contract from the City, that the certificate or franchise applicable to the annexed
442 areas shall be deemed canceled on the effective date of the annexation. The Contractor shall
443 continue to service the newly annexed areas under the terms and conditions set forth in this
444 Contract, and waives any and all claims or rights for compensation or damages as outlined in
445 RCW 35A.14.900 from the City, its agents, officers or assigns arising out of the cancellation of
446 the previous certificate or franchise. The Contractor shall serve the newly annexed areas for a
447 term of not less than seven years from the date of annexation, and the City, pursuant to RCW
448 35A.14.900 and as required by said statute, shall not extend similar or competing services to the
449 annexed territory for a period of seven years after the date of annexation except upon a proper
450 showing of inability or refusal of Contractor to adequately service newly annexed territory. The
451 right granted hereunder to serve newly annexed territory for a term of seven years from the
City of Bremerton 6 September 2001
Solid Waste Collection Contract
452 date of annexation shall require such service to be in accordance with the terms of this Contract
453 even if the Contract has otherwise been terminated or expired.
454
455 This Contract is in lieu of a franchise as provided in RCW 35A.14.900. The Contractor expressly
456 waives and releases its right to claim any damages or compensation from the City, its officers,
457 agents or assigns arising out of the cancellation of any pre-existing permit or franchise held by
458 the Contractor prior to annexation, and further specifically waives the right to receive any
459 additional compensation or any rights of collection in the newly annexed territory other than
460 the compensation for services contained in this Contract. Both parties agree that in the event
461 the City should elect to acquire Contractor's rights of collection prior to the expiration of the
462 seven year period subsequent to annexation that the City will pay fair market value for the
463 remainder of the seven year period. That payment shall satisfy any and all damages suffered or
464 claims made by the Contractor.
465
466 If, during the life of the Contract, additional territory is added to the City through annexation
467 within which the Contractor does not have an existing WUTC certificate or other franchise for
468 Garbage or other collections, in such event, upon notice from the Administrator, Contractor
469 agrees to make collections in such annexed areas in accordance with the provisions of this
470 Contract at the unit price set forth in this Contract.
471
472 The City acknowledges that equipment, such as trucks, carts and containers, may take time to
473 procure for distribution and, therefore, shall not penalize the Contractor for reasonable delays
474 in the provision of services to annexed areas covered by this section, due to procurement delays
475 that are not within the control of the Contractor.
476 2.1.3 Unimproved Alleys/Private Roads or Drives
477
478 The Contractor shall collect Garbage, Source-separated Recyclables and Yard Debris in alleys to
479 the extent reasonably possible and consistent with the collection services offered under the
480 previous City collection contract.
481
482 City customers on Private Roads or Drives have been historically provided on-site service,
483 although some Residential customers have preferred to transport Garbage, recycling and Yard
484 Debris containers to the nearest Public Street to save wear and tear on Private Roads. The
485 Contractor shall offer a level of service that is comparable to that previously offered by the
486 previous contractor.
487
488 In the event that the Contractor believes that a Private Road or Drive can not be safely
489 negotiated or that providing walk-in service for Residential customers is impractical due to
490 distance or unsafe conditions, the Contractor may request the Administrator to evaluate on-site
491 conditions and make a determination of the best approach to providing safe and appropriate
492 service to the customer. The Administrator's decision shall be final, provided that the
493 Contractor shall not be required to endanger workers, equipment or property.
494 2.1.4 Hours/Days of Operation
495
496 All collections in Residential areas (including both Single Family and Multi.family Residences)
497 shall be made between the accustomed hours of 6:30 a.m. and 5:00 p.m., on the consistent
City of Bremerton 7 September 2001
Solid Waste Collection Contract
498 weekday, unless the Administrator authorizes a temporary extension of hours or days.
499 Saturday collection is allowed to the extent consistent with make-up collections and holiday
500 and inclement weather schedules.
501
502 All collection from Commercial Customers shall be made between the hours of 6:00 a.m. and
503 5:00 p.m., with the exception of customers adjacent to Residences and with the exception of
504 those commercial areas where the collection times are currently earlier or later than above.
505 Commercial Customers adjacent to Residences shall be collected during the Residential times
506 specified above.
507
508 Administrative exemptions may be granted by the Administrator to accommodate the special
509 needs of customers.
510 2.1.5 Employee Conduct
511
512 The Contractor's employees collecting Garbage, Source-separated Recyclables and Yard Debris
513 shall at all times be courteous, refrain from loud, inappropriate or obscene language, exercise
514 due care, perform their work without delay, minimize noise, and avoid damage to public or
515 private property. If on private property, employees shall follow the regular pedestrian
516 walkways and paths, returning to the street after replacing empty containers. Employees shall
517 not trespass or loiter, cross flower beds, hedges or property to adjoining premises, or meddle
518 with property that does not concern them or their task at hand. While performing work under
519 the Contract, employees shall wear a professional and presentable uniform with an identifying
520 badge or emblem visible to the average observer.
521
522 If any person employed by the Contractor to perform collection services is, in the opinion of the
523 Adrnin~trator, incompetent, disorderly or otherwise unsatisfactory, the Administrator shall
524 promptly docrrment the incompetent, disorderly or unsatisfactory conduct in writing and
525 transr~t the documentation to the Contractor with a demand that such conduct be corrected.
526 The Contractor shall investigate any written complaint from the Administrator regarding any
527 incompetent, disorderly or unsatisfactory performance by any of its employees; provided,
528 however, that Contractor shall not be required to take any actions or any measures that would
529 violate, or otherwise are inconsistent with, any collective bargaining agreements or union
530 contracts applicable to the employee in question.
531 2.1.6 Disabled Service
532
533 The Contractor shall offer carry-out service for Garbage, Residential Recyclables and Yard
534 Debris to households lacking the ability to place containers at the Curb, at no additional charge.
535 The Contractor shall use qualification criteria that are fair and meet the needs of the City's
536 disabled residents. These criteria shall comply with all local, state and federal regulations, and
537 shall be subject to Administrator review and approval prior to program implementation.
538 2.1.7 Holiday Schedules
539
540 The Contractor shall designate which holidays will be observed and indicate the schedule that
541 will be worked if the holiday falls on a regular collection day. The holiday schedule for the next
542 year shall be provided in writing by the Contractor to the Administrator by October 15th of
City of Bremerton 8 September 2001
Solid Waste Collection Contract
543 each year and following Administrator review, shah be provided to all customers through the
544 Contractor's fall rate an d service notice mailing.
545
546 When the day of regular collection is a scheduled holiday, the Contractor may reschedule the
547 remainder of the week of regular collection to the next succeeding workday, which shall include
548 Saturdays. The Contractor may not collect Garbage, Residential Recyclables or Yard Debris
549 from Residential units earlier than the regular collection day due to a holiday. Commercial
550 collections may be made one day early only with the consent of the Commercial Customer.
551 2.1.8 Inclement Weather
552
553 When weather conditions are such that continued operation would result in danger to the
554 Contractor's staff, area residents or property, the Contractor shall collect only in areas that do
555 not pose a danger. The Contractor shah notify the Administrator, on the same business day, of
556 the areas not served.
557
558 The Contractor shall collect Garbage, Source-separated Recyclables and Yard Debris from
559 customers with interrupted service on their next regular collection day. When service is
560 resumed, the Contractor shall collect reasonable accumulated volumes of materials equal to
561 what would have been collected on the missed collection day from customers at no extra
562 charge.
563
564 All holiday and weather policies shah be included in written program information provided to
565 customers. On each inclement weather day, the Contractor shall release notices to the local
566 newspapers and radio stations notifying residents of the modification to the collection schedule.
567 2.1.9 Suspending Collection From Problem Customers
568
569 The City and Contractor acknowledge that, from time to time, some customers may cause
570 disruptions or conflicts that make continued service to that customer unreasonable. Those
571 disruptions or conflicts may include, but not be limited to, repeated damage to Contractor-
572 owned containers, repeated suspect claims of timely set-out followed by demands for return
573 collection at no charge, repeated claims of Contractor damage to a customer's property or
574 other such problems.
575
576 The Contractor shall make every reasonable effort to provide service to those problem
577 customers. However, the Contractor may deny or discontinue service to a problem customer if
578 reasonable efforts to accommodate the customer and to provide services fail. In this case, the
579 Contractor shall provide advance written notification to the Administrator of its intention to
580 discontinue service and a detailed account of reasons for discontinuance of service and actions
581 taken to accommodate the customer and provide service. The Administrator may, at its
582 discretion, intervene in the dispute. In this event, the decision of the Administrator shall be
583 final. The Administrator may also require the denial or discontinuance of service to any
584 customer who is abusing the service or is determined to be ineligible.
585
586 If a customer that has set out materials for collection and used the Contractor's services refuses
587 to pay or is urtable to pay for services received, the Contractor shall work with the customer to
588 reschedule payments to the customer's and Contractor's mutual satisfaction. The Contractor
City of Bremerton 9 September 2001
Solid Waste Collection Contract
589 shall be allowed legal recourse, including debt collection services, to collect f~nds due for
590 services provided. The Contractor shall notify the Administrator in writing of any actions due
591 to non-payment by customers.
592 2.1.10 Missed Collections
593
594 If Garbage, Source-separated Recyclables or Yard Debris is set out inappropriately, improperly
595 prepared or contaminated with unacceptable materials, the Contractor shall place in a
596 prominent location a notification tag or form that identifies the specific problem(s) and reason
597 for rejecting the materials for collection. Failure to provide proper notification to customers of
598 the reason for rejecting materials for collection shall be considered a missed collection and/or
599 subject to liquidated damages due to lack of proper customer notification.
600
601 The failure of the Cor~tractor to collect Garbage, Source-separated Recyclables or Yard Debris
602 that has been set out by a customer in the proper manner shall be considered a missed pick-up,
603 and the Contractor shall collect the materials from the customer within twenty-four hours of the
604 Contractor's receipt of notification of the missed pick-up. If the Contractor is notified of a
605 missed pick-up by 9 a.m. the following business day, the missed pick-up shall be collected that
606 same day, provided that the Contractor may ask customers contacted on Saturday whether
607 Monday collection would be acceptable, at the customer's option. The Contractor shall
608 maintain a written record of all calls, e-mails or other notifications related to missed pick-ups
609 and the response provided by the Contractor (see Section 2.3.4). Such records shall be made
610 available for inspection upon request by the Adrnluistrator and shall be included in monthly
611 reports to the Administrator.
612
613 In the event the Contractor fails to collect the missed pick-up within twenty-four hours of
614 receipt of notice, the Administrator may cause the materials to be collected and transported.
615 The Contractor shall reimburse the City for all costs so incurred by the City as well as any
616 liquidated damages assessed by the Administrator. If the Contractor is requested by the
617 customer to make a return trip due to no fault of the Contractor, the Contractor will be
618 permitted to charge the customer an additional fee for this service, providing the Contractor
619 not~fies the customer in writing of this charge in advance.
620 2.1.11 Same Day Collection/Co-Collection
621
622 Garbage, Residential Recyclables and Yard Debris collection shall occur on the same regularly
623 scheduled day of the week for Single Family Residential customers. Multifamily Source-
624 separated Recyclables and Yard Debris collection services need not be scheduled on the same
625 day as Garbage collection.
626
627 The same collection vehicle may collect both Garbage and Yard Debris streams only if the truck
628 body is designed for co-collection and provides two distinct compartments with measures to
629 prevent Yard Debris from being cross-contaminated with Garbage solids or liquids. The
630 Administrator must approve the use of co-collection vehicles, in advance.
631 2.1.12 Requirement to Recycle and Compost
632
City of Bremerton 10 September 2001
Solid Waste Collection Contract
633 The Contractor shall recycle all Source-separated Recyclables and recycle or compost Yard
634 Debris collected, unless the express written permission of the Administrator is provided. The
635 Contractor shall use vehicles and processing systems that ~e unnecessary breakage and
636 cross-contamination of materials. The disposal of contaminants separated during processing is
637 acceptable to the extent that it is rmavoidable and consistent with industry standards.
638
639 The direct land application of processed Yard Debris is allowed, provided that the land
640 application is expressly permitted or approved by the local health district jurisdiction and other
641 relevant regulatory agencies.
642
643 Contaminants beyond de minimus quantities included with either Source-separated
644 Recyclables or Yard Debris shall not be collected, and shall be left in the customer's container
645 with a rtotification tag or form (per Section 2.1.10) explaining the reason for rejection.
646 2.1.13 Routing, Notification and Approval
647
648 The Contractor shall indicate, on a map acceptable to the Administrator, the day of the week
649 Garbage, Residential Recyclables and Yard Debris shall be collected from each Residential area.
650 Likewise, maps shall be provided indicating regularly scheduled commercial collection days.
651
652 The Contractor may change the day of collection by giving notice to the Administrator at least
653 thirty calendar days prior to the effective date of the proposed change. On the Administrator's
654 approval, the Contractor shall provide affected customers with at least fourteen days written
655 notice of pending changes in collection day. The proposed change and the form of notice to the
656 customer must receive prior approval by the Administrator.
657 2.L14 Equipment Age/Condition
658
659 Vehicles used in the performance of this Contract shall be maintained in a clean and sanitary
660 manner, and shall be thoroughly washed at least once each week. Vehicles shall be repainted as
661 necessary.
662
663 All regularly used collection vehicles used by the Contractor during the term of this Contract
664 shall be less than ten years old, and shall have been used for fewer than 250,000 miles. Should
665 any such vehicles exceed these limits and yet in the Contractor's opinion still be in safe
666 working order, the Contractor may request and must receive written approval from the
667 Administrator to continue operating the subject vehicle. Back-up vehicles shall not be subject to
668 the age and mileage limits that apply to regularly-used vehicles, but shall be presentable, in safe
669 working order, not used in the performance of this Contract more than 30 days each year, and
670 shall be subject to all other conditions of this section.
671
672 All collection equipment shall have appropriate safety markings, including all highway
673 lighting, flashing and warning lights, clearance lights, and warning flags, all in accordance with
674 current statutes, rules and regulations. Equipment shall be maintained in good condition at all
675 times. The Contractor shall be specifically required to maintain collection vehicles to ensure that
676 no liquid wastes (e.g. Garbage or Yard Debris leachate) or oils (e.g. lubricating, hydraulic and
677 fuel) are discharged to customer premises, Private Roads, Private Drives, Public Streets or City
678 property. All collection vehicles shall be equipped with a broom or other equipment necessary
City of Bremerton 1! September 2001
Solid Waste Collection Contract
679 to clean-up small spills from the vehicle. Any equipment not meeting these standards shall not
680 be used within the City until repairs are made.
681
682 No advert~ing shall be allowed on Contractor vehicles other than the Contractor's name, logo,
683 and customer service telephone number. Special promotional messages for recycling and Yard
684 Debris collection may be permitted, upon Administrator approval.
685
686 All Contractor route, service and supervisory vehicles shall be equipped with properly licensed
687 two-way communication equipment. The Contractor shall maintain a base station or have
688 equipment capable of reaching all collection areas.
689
City of Bremerton 12 September 2001
Solid Waste Collection Contract
689 2.1.15 Container Requirements and Ownership
69O
691 2.1.15.1 Small Containers
692
693 Both Residential and Commercial Customers may elect to use customer-owned Micro-cans,
694 Mir~i-cans, Garbage Cans or Contractor-owned wheeled Garbage Carts for Garbage collection
695 service. In all cases, customers will be directed to have at least one rigid container as their
696 primary Garbage container. Plastic bags may be used periodically for overflow volumes of
697 Garbage, but not as a customer's primary collection container.
698
699 in the event the customer chooses to provide their own Garbage container, Contractor crews
700 shall be expected to handle the Micro-cans, Mini-cans or Garbage Can in such a way as to
701 minimize undue damage or loss of lids. The Contractor shall be responsible for unnecessary or
702 unreasonable damage to customer-owned containers.
703
704 The Contractor shall maintain and provide to customers a List of local retail stores that have
705 acceptable Micro-cans, Mini-cans and Garbage Cans for sale.
706
707 2.1.15.2 Carts
708
709 The Contractor shall provide 64 and 96 gallon wheeled Carts for the respective level of Garbage
710 collection, as well as Residential Recyclables and Yard Debris collection. Carts shall be
711 provided to requesting customers within seven calendar days of the customer's initial request.
712 A temporary cart may be provided if the size requested is unavailable, however the customer
713 will not be charged any more for the service than he/she would have paid for the cart size
714 requested
715
716 All Contractor-owned wheeled Carts shall be maintained by the Contractor in good condition
717 for material storage and handling; contain no jagged edges or holes; contain wheels or rollers
718 for movement, and be equipped with an anti-skid device or sufficient surface area on the
719 bottom of the container to prevent unwanted movement. The Carts shall contain instructions
720 for proper use, including any customer actions that would void manufacture warranties, such
721 as placement of hot ashes in the container causing the container to melt, and procedures to
722 follow to minimize potential fire problems. The Contractor shall ensure that Carts shall have
723 permanent serial numbers to assist with tracking and the recovery of lost or stolen Carts.
724
725 Collection crews shall note damaged hinges, holes, poorly functiorring wheels, and other sim~ar
726 repair needs on Contractor-owned Carts (including those for Garbage, Source-separated
727 Recyclables and Yard Debris) and forward repair notices to the Contractor's service personnel.
728 Cart repairs shall then be made within seven business days at the Contractor's expense. Any
729 wheeled Cart damaged or missing on account of accident, act of nature or the elements, fire, or
730 theft or vandalism by other members of the public shall be replaced no later than the third
731 business day after notice from the customer or Administrator. Replacement Carts may be used
732 and reconditioned, but shall be clean and appear presentable.
733
734 In the event that a particular customer repeatedly damages a Cart or requests more than one
735 replacement Cart during the term of the Contract due to negligence or intentional misuse, the
City of Bremerton 13 September 2001
Solid Waste Collection Contract
736 Contractor shall forward in writing the customer's name and address and a description of the
737 situation to the Administrator. The Administrator shall then attempt to resolve the problem. In
738 the event that the problem contirtues, the Contractor may discontinue service to that customer,
739 on the Administrator's approval an d prior written notice to the customer.
740
741 2.1.15.3 Detachable and Drop-box Containers
742
743 The Contractor shall furnish and install 1, 1.5, 2, 3, 4, 6 and 8 cubic yard Detachable Containers;
744 and 10, 20, 30 or 40 cubic yard uncompacted Drop-box Containers to any customer who
745 requires their use for storage and collection of Garbage within seven business days of the
746 request. Containers shall be located on the premises in a manner satisfactory to the customer
747 and for collection by the Contractor.
748
749 Detachable Containers shall be water tight and equipped with tight-fitting metal or plastic
750 covers; have four wheels for containers two cubic yards and under; be in good condition for
751 Garbage, Source-separated Recyclables or Yard Debris storage and handling; and have no leaks,
752 jagged edges or holes. Drop-box Containers shall be all-metal and if requested by a customer,
753 equipped with a tight fitting screened or solid cover operated by a winch in good repair. Each
754 type (i.e. Source-separated Recyclables, Yard Debris or Garbage) of container shall be painted a
755 uniform color, with color changes subject to Administrator approval. Containers shall be
756 painted as needed.
757
758 Detachable Containers shall be cleaned, reconditioned and repainted (if necessary) before being
759 supplied to a customer who had not used it earlier. The Contractor shall provide an on-call
760 container cleaning service to customers. The costs of on-call cleaning shall be billed directly to
761 the customer in accordance with Attachment B.
762
763 Containers on customer's premises are at the Contractor's risk and not the City's. The
764 Contractor shall repair or replace within twenty-four hours any container that was supplied by
765 the Contractor and in use, if the Administrator or a Health Department inspector determirLes
766 that the container fails to comply with reasonable standards or constitutes a health or safety
767 hazard.
768
769 Customers may elect to own or secure containers from other sources, and shall not be subject to
770 discrimination by the Contractor in collection services on that account. However, containers
771 owned or secured by customers must be capable of being serviced by front l°ad, rear load or
772 Drop-box Container collection vehicles to be eligible for collection. The Contractor is not
773 required to service customer containers that are not compatible with the Contractor's route
774 vehicle equipment.
775
776 2.1.15.4 Recycling Carts
777
778 The Contractor shall procure and distribute 64-gallon Recycling Carts to all City Residential
779 Customers between December 1st and December 31, 2001. If a Residential Customer prefers a
780 smaller 35-gallon Recycling Cart or a larger 96-gallon Recycling Cart, the Contractor shall
781 provide the alternative Recycling Cart within seven calendar days of the request. The
782 Contractor's Recycling Carts shall be consistent with the manufacture and style proposed in
783 the Contractor's bid to th e City.
City of Bremerton 14 September 2001
Solid Waste Collection Contract
784
785 During the term of this Contract, the Contractor shall provide Recycling Carts to new customers
786 within the City, Service Area, including new residences and annexation areas as well as
787 replacement Recycling Carts to existing customers requested because of loss, theft or damage.
788 All distributed Recycling Carts shall include information materials describing material
789 preparation and collection requirements. Informational material must be reviewed and
790 approved by the Administrator prior to printing and distribution. All additional Recycling
791 Carts shall be provided at the Contractor's sole expen se.
792
793 In the event that a particular customer repeatedly damages their Recycling Carts or requests
794 more than one replacement Recycling Cart during the term of the Contract due to negligence or
795 intentional misuse, the Contractor shall forward the customer's name and address and
796 description of the situation to the Administrator. The Administrator will then attempt to
797 resolve the problem. In the event that the problem continues, the Contractor may discontinue
798 service to that customer, on the Administrator's approval and prior written notice to the
799 customer.
800
801 2.1.15.5 Ownership
802
803 On the termination of this Contract for any reason, all Contractor-supplied Recycling Carts,
804 Yard Debris Carts and Multifamily Recycling containers shall, at the option of the
805 Administrator, revert to City ownership without further compensation to the Contractor.
806
807 Garbage Carts, Detachable Containers for Garbage, Source-separated Recyclables and Yard
808 Debris, and Drop-box Containers shall be purchased, delivered and maintained by the
809 Contractor during the term of this Contract. On the termination of this Contract for any reason,
810 the Administrator may, at its option, purchase or assign its fight to purchase to a successor
811 contractor, the Contractor's in-place inventory of Garbage Carts, Detachable Containers for
812 Garbage, Source-separated Recyclables and Yard Debris, or Drop-box Containers for use by the
813 successive contractor. In the event that the Administrator elects to purchase the Contractor's
814 containers, the sale price shall be subject to negotiation but in any event not exceed fifty percent
815 of the average new price for each container, based on the average price from three
816 manufacturers at the time of the termination. For the purposes of this transaction, the average
817 prices shall include transportation from the manufacturer to the Contractor's closest service
818 yard, but shall exclude sales or use taxes.
819 2.1.16 Spillage
820
821 All loads collected by the Contractor shall be completely contained in collection vehicles at all
822 times except when material is actually being loaded. Hoppers on all collection vehicles shall be
823 cleared frequently to prevent the occurrence of unnecessary blowing or spillage.
824
825 Any spillage of materials that occurs during collection shall be immediately cleaned up by the
826 Contractor at its expense. Spillage not immediately cleaned up will be cause for liquidated
827 damages, as described in Section 4.1.
828 2.1.17 Pilot Programs
829
City of Bremerton 15 September 2001
Solid Waste Collection Contract
830 The City or Contractor may wish to test and/or implement one or more new developments in
831 waste stream segregation, materials processing or collection technology at some point during
832 the term of the Contract. Unless otherwise agreed, the initiating party shall notify the other
833 party in writing at least ninety calendar days in advance of its intention to implement a pilot
834 program or of its intentions to utilize a new technology system on a Citywide basis. The costs
835 (or savings) accrued by pilot programs shall be negotiated and agreed to prior to
836 implementation of any program.
837 2.1.18 Disruption Due to Construction
838
839 The City reserves the fight to construct any improvement or to permit any such construction in
840 any street or alley in such manner as the City may direct, which may have the effect for a time
841 of preventing the Contractor from traveling the accustomed route or routes for collection. The
842 Contractor shall, how6ver, by the most expedient manner, continue to collect Garbage, Source-
843 separated Recyclables and Yard Debris to the same extent as though no interference existed
844 upon the streets or alleys normally traversed. This shall be done at no extra expense to the City
845 or the Contractor's customers. Provided however that if the disruption to Contractor's
846 performance is due to circumstances beyond its control, such as Acts of God referenced as force
847 majeure events under Section 6.15 below, Contractor shall have the right to present a reques~ for
848 rate relief to the City to defray Contractor's added costs of service caused by or on account of
849 the force majeure event(s).
850 2.1.19 Contractor Planning Assistance
851
852 The Contractor shall, upon request and without additional cost, make available either to the
853 City and/or property owners planning assistance with respect to design and planning of
854 Garbage, Source-separated Recyclables and Yard Debris removal facilities and their location
855 upon the site of a proposed construction or remodeling project in the City Service Area.
856 2.1.20 Safeguarding Public and Private Facilities
857
858 The Contractor shall be obligated to protect all public and private facilities and utilities whether
859 located on public or private property, including street curbs. If such facilities, utilities or curbs
860 are damaged by reason of the Contractor's operations, the Contractor shall notify the
861 Administrator immediately in writing of all damage, and the Contractor shall repair or replace
862 the same, or failing to do so promptly as determined by the Administrator, the Administrator
863 shall cause repairs or replacement to be made and the cost of doing so shall be billed to the
864 Contractor. The Contractor shall promptly reimburse the City for all costs. The City shall not
865 be liable for any damage to property or person caused by the Contractor.
866 2.1.21 Company Name
867
868 The Contractor shall not use a firm name containing the words "Bremerton,' ' "City,' ' or
869 any words implying municipal ownership.
870 2.1.22 Transition From Previous Contractor
871
City of Bremerton 16 September 2001
Solid Waste Collection Contract
872 At the start of the new collection program, the Contractor shall work with the Administrator to
873 explain the new collection system, service levels and rates, and Source-separated Recyclables
874 and Yard Debris collection services to all Residential, MultifartLily and Commercial customers.
875 The Contractor shall, at its expense, provide the following:
876
877 (1) By November 15, 2001, a mailer shall be sent to all Commercial Customers, including
878 Multifamily customers that receive commercial Garbage services, in the City Service Area
879 introducing the new collection service, explaining available service levels and rates, and
880 providing a mail-in card to order new Garbage, Source-separated Recyclables and Yard
881 Debris containers. The Contractor's customer service number shall be provided for
882 container ordering. The Contractor shall contact all Commercial Customers that do not
883 respond by December 15, 2001, to determLne that Commercial Customer's service
884 requirements;
885
886 (2) Additional staffing shall be provided for Contractor customer service l/nes to
887 accommodate customer questions, Residential service level shifting request and
888 Commercial Customer container orders; and
889
890 (3) On or about December 15, 2001, the Contractor shall mail to all Residential and
891 Commercial Customers a separate users guide, including information on service levels
892 and rates, material preparation and collection requ.trements, restrictions on disposal,
893 bulky waste recycling and disposal opportunities, and other pertinent information. The
894 Contractor shall include other promotional materials designed to increase customer
895 awareness about Source-separated Recyclables and Yard Debris collection. Residential
896 customers shall also be provided either an insert or map indicating the day of collection
897 for their area and instructions on the placement (curb or alley) of their containers.
898 Commercial Customers shall be provided with an insert or map indicating the anticipated
899 day of collection and any specific access or location requirements.
900
901 All materials provided by the Contractor to customers shall be reviewed and approved by the
902 Administrator in advance of distribution.
903
904 The start of new collection services shall require a concerted effort on the part of the Contractor
905 to provide and distribute containers for all services to all Residential and Commercial
906 Customers. The following container provision requirements and deadlines shall be met by the
907 Contractor:
908
Customer Class Container Distribution Requirement
Single-Family Provide by December 31, 2001, replacement wheeled Carts to
Residential Garbage all existing Cart customers and new customers requesting
Cart services by December 20, 2001.
Single-Family Provide replacement Yard Debris Carts to existing
Residential Yard Debris subscribers by December 31, 2001, and to new customers
requesting Yard Debris Cart service by December 20, 2001.
Single-Family Provide new Recycling Carts to all Single-Family Customers
Residential Recycling by December 31, 2001.
Multifamily Recycling Provide new Recycling Carts by December 31, 2001, to all
existing Multifamily recycling sites, and to new sites that
City of Bremerton 17 September 2001
Solid Waste Collection Contract
have requested services by December 20, 2001
Commercial (and Multifamily Provide new Detachable and Drop-box Garbage Containers
with commercial accounts) to customers during the last two weeks of December 2001, at
Garbage - Detachable and the size requested in response to the Contractor's November
Drop-box Containers 15th, 2001, mailing.
909
910
911 2.2 Collection Services
912 2.2.1 Single Family Residential Garbage Collection
913
914 2.2.1.1 Subject Materials
915
916 The Contractor shall collect all Garbage placed at Crrrbside for disposal by Residential
917 customers in and adjacent to customer-owned Micro-cans, Mini-cans, Garbage Cans, bags, and
918 Contractor-owned wheeled Carts. The Contractor shall offer carryout service to disabled
919 customers at no charge (per Section 2.1.6) and to all other customers for the appropriate service
920 level rate plus the carryout surcharge in accordance with Attachment B. The Contractor shall
921 dispose of all collected Garbage through the Disposal Site.
922
923 As a fee-based service, on-call Bulky Waste collection shall be offered for stoves, washing
924 machines, dryers, water heaters, refrigerators and freezers, large furniture (sofas and chairs),
925 mattresses or box springs, tires with or without rims (auto, pickup, heavy truck), etc. The
926 Contractor to the extent practicable shall recycle collected bulky items.
927
928 Once each year, on a week specified by the Administrator, the Contractor shall collect certain
929 Bulky Wastes from all Single Family Residential customers within the City Service Area. Each
930 resident shall be allowed to place up to one cubic yard of additional waste next to their regular
931 containers for special collection on that day, at no extra charge. Individual items shall be
932 limited to sixty pounds in weight, 3-1/2 feet in length, and shall exclude tires and large scrap
933 metal items such as appliances and bicycles.
934
935 The Contractor shall not be required to collect hazardous materials that are either restricted
936 from disposal or would pose a danger to collection crews. If materials are rejected for this
937 reason, the Contractor shall leave a written notice with the rejected materials listing why they
938 were not collected and providing the customer with a contact for further information about
939 proper disposal options.
940
941 2.2.1.2 Containers
942
943 Single Family Garbage collection containers shall include customer-provided Micro-cans, Mini-
944 cans, Garbage Cans, plastic bags, and Contractor-owned wheeled Carts. The primary customer
945 container must be a permanent rigid container. Plastic bags may only be used for excess waste,
946 not as the customer's primary container. The Contractor may set weight limits on wheeled
947 Carts as appropriate, provided that the weight limit is no less than the equivalent of 50 pounds
948 per 32-gallon capacity (e.g. a 64 gallon Cart would have a weight limit of 100 pounds).
949
City of Bremerton 18 September 2001
Solid Waste Collection Contract
950 The Contractor shall deliver Contractor-owned wheeled Carts to Single Family customers
951 within seven calendar days of the customer's in itial request.
952
953 2.2.1.3 Specific Collection Requirements
954
955 The Contractor shall offer regular weekly collection of seven container levels: (1) one Micro-can;
956 (2) one Mini-can; (3) one Garbage Can; (4) two Garbage Cans; (5) one 64 gallon wheeled Cart;
957 (6) three Garbage Cans; and (7) one 96 gallon wheeled Cart.
958
959 Garbage in excess of container capacity or the subscribed service level shall be collected and
960 properly charged as "extras' ' to the customer. The Contractor shall maintain route Lists in
961 sufficient detail to allow accurate recording and charging of all "extras.' '
962
963 Collections shall be made from Residences on a regular schedule on the same day and as close
964 to a consistent time as possible. The Contractor shall collect in alleys, and on streets where no
965 alleys are present. The Contractor's crews shall make collections in an orderly and quiet
966 manner, and shall return containers, in an upright position with lids attached, to their set out
967 location.
968
969 On-call Bulky Waste collection services must occur during the hours and days specified in
970 Section 2.1.4. The Contractor shall collect in alleys and on streets where no alleys are present.
971 2.2.2 Single Family Residential RecycLing Collection
972
973 2.2.2.1 Subject Materials
974
975 The defined list of Residential Recyclables shall be collected from all participating Single Family
976 Residences as part of basic Garbage collection services, without extra charge. The Contractor
977 shall collect all Residential Recyclables from Single Family Residences that are prepared as
978 follows and uncontaminated with food or other residues:
979
980 Aluminum Cans and Foil: Ail aluminum cans and clean foil that is 'placed in the
981 RecycLing Cart, or separately boxed or bnndled.
982
983 Corrugated Cardboard: All corrugated cardboard that is smaller than two feet
984 by three feet, flattened, bundled and placed next to the
985 customer's Recycling Cart.
986
987 Glass Containers: All brown, green or clear jars and bottles that are
988 rinsed and have lids removed, and are placed in the
989 Recycling Cart's appropriate container, or separately
990 boxed or bundled. Light bulbs, ceramics and window
991 glass are excluded.
992
993 Mixed Paper: All Mixed Paper that is placed loosely in the Recycling
994 Cart, or separately bagged or bundled
995
City of Bremerton 19 September 2001
Solid Waste Collection Contract
996 Newspaper: All newspaper and advertising supplements that are
997 delivered with newspapers that are placed loosely in
998 the Recycling Cart, or separately bagged or bundled.
999
1000 Plastic Containers: All plastic (#1-#5) bottles, jugs and tubs that are
1001 flattened and placed in the Recycling Cart, or
1002 separately boxed or bundled. Other plastics,
1003 automotive product containers and lids are excluded.
1004
1005 Polycoated Cartons and Boxes: All plastic coated cartons and boxes that are flattened
1006 and placed in the Recycling Cart, or separated bagged
1007 or bundled.
1008
1009 Scrap Metal: All ferrous and non-ferrous Scrap Metal that is placed
1010 in the Recycling Cart, or separately boxed or bundled;
1011 that is free of wood, plastic, rubber and other
1012 contaminants; and that meet the size requirements
1013 defined for Scrap Metals.
1014
1015 Tin Cans: Ail food and beverage tin cans with labels removed
1016 that are placed in the Recycling Cart, or separately
1017 boxed or bundled.
1018
1019 Motor Oil: All motor oil that is free from contaminants and placed
1020 in a one gallon plastic milk jug with a secure lid next to
1021 the customer's Recycling Cart, with a limit of two
1022 gallons of oil per week per Residence.
1023
1024
1025 2.2.2.2 Containers
1026
1027 After the initial distribution of Recycling Carts, the Contractor shall deliver Recycling Carts to
1028 new customers or customers requesting replacements within seven calendar days of the
1029 customer's in itial request.
1030
1031 2.2.2.3 Specific Collection Requirements
1032
1033 Residential Recyclables collection shall occur every-other-week on the same day as each
1034 household's Garbage and Yard Debris collection. Residential Recyclables collection shall occur
1035 during the hours and days specified in Section 2.1.4. Collections shall be made from Residences
1036 on a regular schedule on the same day and as close to a consistent time as possible. The
1037 Contractor shall collect in alleys, and on streets where no alleys are present, in the same location
1038 as Garbage collection service is provided. The Contractor's crews shall make collections in an
1039 orderly and quiet mariner, and shall return containers to their set out location in an orderly
1040 manner.
1041
1042 The Contractor shall collect all properly prepared Residential Recyclables set out for collection
1043 at no additional charge. No limits shall be placed on setout volumes, except in the case when
City of Bremerton 20 September 2001
Solid Waste Collection Contract
1044 extremely large quantities of commercial materials, which have been generated off-site, are
1045 consistently set out at a Single Family Residence. In this case, the Contractor shall request the
1046 resident to use commercial recycling services and to discontinue setting out excess volumes. If
1047 the resident continues to set out commercial quantities of Source-separated Recyclables, the
1048 Contractor shall notify the Administrator in writing for further action. In the event that large
1049 quantities of residentially-generated cardboard (e.g. moving boxes) are set out for collection, the
1050 Contractor may collect the excess materials the following day in a separate truck, provided that
1051 clear written notification of the collection delay is provided to the customer.
1052
1053 The Contractor shall collect from Residential customers properly packaged used motor oil. The
1054 Contractor may refuse to collect used motor oil from any customer for any one of the following
1055 reasons: 1) the oil was not packaged in a one gallon plastic milk jug with a secure lid; 2) the
1056 milk jug contained substances other than motor oil; 3) the milk jug was not leak proof; 4) the
1057 container are not properly labeled with the customer's name and address; or, 5) there is
1058 spillage at the customer location that is not caused by the Contractor's employees. Should the
1059 Contractor reject used motor oil for any of these reasons, a tag or form outlining the reason for
1060 rejection shall be left with the oil.
1061
1062 Customers requiring an empty milk jug(s) with a secure lid to participate in the program may
1063 leave a written request to that effect for the Contractor's recycling truck driver, and the driver
1064 shall fttmish empty containers not later than the next scheduled pick up.
1065
1066 The Contractor shall equip all collection vehicles with a spill control kit. The Contractor shall
1067 train all its employees involved with the collection and handling of used motor oil on proper
1068 containment procedures. The Contractor shall be responsible for the proper handling and
1069 marketing of all used motor oil it collects in the City Service Area.
1070 2.2.3 Yard Debris Collection
1071
1072 2.2.3.1 Subject Materials
1073
1074 Yard Debris contained in Yard Debris Carts shall be collected from all subscribing Single Family
1075 Residences at the additional charge provided for in Attachment B. Additional charges shall be
1076 assessed to customers for excess Yard Debris placed in additional wheeled Carts, bags or cans
1077 next to the primary wheeled Cart, in accordance with Attachment B.
1078
1079 Contaminated or oversized Yard Debris materials rejected by the Contractor at the curb shall be
1080 tagged with an appropriate problem notice.
1081
1082 2.2.3.2 Containers
1083
1084 The Contractor shall be responsible for ordering, assembling, affixing instructional decals,
1085 maintaining inventories, distributing and maintaining Yard Debris Carts.
1086
1087 Extra Yard Debris material that does not fit in a Yard Debris Cart may be placed in Kraft bags or
1088 customer-owned 32-gallon containers. Customers choosing to use their own can for excess
1089 Yard Debris will be provided durable stickers by the Contractor that clearly identify the
City of Bremerton 21 September 2001
Solid Waste Collection Contract
1090 container's contents as Yard Debris. The Contractor shall maintain and have available for
1091 customers a list of local retail stores that carry acceptable Kraft bags.
1092
1093 The Contractor shall deliver Yard Debris Carts withfirt seven calendar days of the customer's
1094 initial request.
1095
1096 2.2.3.3 Specific CoLlection Requirements
1097
1098 Yard Debris shaLl be collected from all Single Family Residences every-other-week during the
1099 months of March through November and monthly during the months of December, January
1100 and February. Yard Debris collection shall occur on the same day of the week as Garbage and
1101 Residential Recycling collection. Collections shall be made from Residences on a regular
1102 schedule on the same day and as close to a consistent time as possible. The Contractor shall
1103 collect in alleys, and 6n streets where no alleys are present, in the same locafion as Garbage
1104 collection is provided. The Contractor's crews shall make collections in an orderly and quiet
1105 manner, and shall return Yard Debris Carts and owner-provided containers to their set out
1106 location in an upright position with lids attached.
1107
1108 Multifamily and Commercial Customers shall be offered on-call and regular Yard Debris
1109 collection services similar to the Single Family Residential Yard Debris. Collection service for
1110 these containers shall be a minimum of one time per week. Those customers shall separately
1111 pay for those Yard Debris collection services at the rates specified in Attachment B.
1112 2.2.4 Multifartuly and Commercial Garbage Collection
1113
1114 2.2.4.1 Subject Materials
1115
1116 The Contractor shall collect all Garbage set out for disposal by Multifamily and Commercial
1117 Customers in customer-owned Micro-cans, Mini-cans, Garbage Cans, bags and Contractor-
1118 owned wheeled Carts and Detachable Containers. Collected Garbage shall be disposed at the
1119 Disposal Site.
1120
1121 The Contractor shall not be required to collect hazardous materials that are either restricted
1122 from disposal or would pose a danger to collection crews. If materials are rejected for this
1123 reason, the Contractor shall leave a notice with the rejected materials listing why they were not
1124 collected and providing the customer with a contact for further information on proper disposal.
1125 If a Commercial Customer persistently includes inappropriate materials in their containers, the
1126 Contractor shall photograph the inappropriate materials, and provide the customer's name
1127 and address in writing to the Administrator for further action.
1128
1129 2.2.4.2 Containers
1130
1131 The Contractor shall provide containers meeting the standards described in Section 2.1.15.
1132 Multifamfly and Commercial Customers shall be offered a full range of containers and service
1133 options, including Micro-cans, Mini-cans, Garbage Cans, wheeled Carts, one through eight
1134 cubic yard Detachable Containers, and Drop-box Containers.
1135
City of Bremerton 22 September 2001
Solid Waste Collection Contract
1136 Materials in excess of container capacity or the subscribed service level shall be collected and
1137 properly charged as "extras' ' on the customer's next bill, at the rates listed in Attachment B.
1138 The Contractor shall develop and maintain route lists in sufficient detail to allow accurate
1139 recording and charging of all "extras.' '
1140
1141 The Contractor may use either or both front-load or rear-load Detachable Containers to service
1142 Multffamily and Commercial Customers. However, not all collection sites within the City
1143 Service Area may be appropriate for front-load collection due to limited maneuverability or
1144 overhead obstructions. The Contractor shall provide containers and collection services capable
1145 of servicing ail customer sites, whether or not front-load collection is feasible.
1146
1147 The Contractor shall deliver Contractor-owned containers to requesting Multifamily and
1148 Commercial Customers within seven calendar days of the customer's in itial request.
1149
1150 2.2.4.3 Specific Collection Requirements
1151
1152 Commercial Garbage collection shall be made available daily, Monday through Saturday,
1153 during the times specified in Section 2.1.4. Collection at Multifamily sites shall be limited to
1154 the same hours as Single Family Residential collection. Collections shall be made on a regular
1155 schedule on the same day and as close to a consistent time as possible to minimize customer
1156 confusion. The Contractor shall collect in alleys where possible, and on streets where no alleys
1157 are present. Containers shall be replaced in the same location after emptying.
1158 2.2.5 Multifamily Recycling Collection
1159
1160 2.2.5.1 Subject Materials
1161
1162 The defined list of Residential Recyclables, except for motor oil, shall be collected from all
1163 participating multifamily customers as part of basic Garbage collection services, without extra
1164 charge. The Contractor shall collect all Residential Recyclables from Multifamily Residences
1165 that are prepared in a manner similar to that described for Single Family Residential
1166 Recyclables in Section 2.2.2.1.
1167
1168 2.2.5.2 Containers
1169
1170 Contractor-supplied wheeled Carts shall be used for collecting Multifamily source-separated
1171 Recyclables. Carts used for recycling collection shall be disffnguished from Carts used for
1172 either Yard Debris or Garbage collection, and shall include Administrator-approved prominent
1173 identifying labels that provide directions for the preparation of the materials to be placed in the
1174 Cart.
1175
1176 At larger complexes, the Contractor may use Detachable Containers for recycling collection
1177 provided that they are also distinguished from containers used for Garbage collection and are
1178 equipped with Administrator-approved prominent identifying labels.
1179
1180 The Contractor shall deliver Contractor-owned recycling containers to requesting customers
1181 within seven calendar days of the customer's in itial request.
1182
City of Bremerton 23 September 2001
Solid Waste Collection Contract
1183 2.2.5.3 Specific Collection Requirements
1184
1185 Multifamily recycling collection shall occur weekly during the hours and days specified in
1186 Section 2.1.4. for Residential collection. Collections shall be made on a regular schedule on the
1187 same day of the week to minimize customer confusion. The Contractor shall collect in alleys
1188 where possible, and on streets where no alleys are present. Containers shall be replaced in the
1189 same location after emptying.
1190
1191 2.2.6 Drop-Box Container Garbage Collection
1192
1193 2.2.6.1 Subject Materials
1194
1195 The Contractor shall transport and dispose of Drop-box Container contents through the Kitsap
1196 County Disposal System.
1197
1198 The Contractor shall not be required to collect Drop-box Containers containing hazardous
1199 materials that are either restricted from disposal or would pose a danger to collection crews. If
1200 materials are rejected for this reason, the Contractor shall leave a notice with the rejected
1201 materials listing why they were not collected and providing the customer with a contact' for
1202 further information on proper disposal. If a Drop-box Container customer persistently includes
1203 inappropriate materials in their containers, the Contractor shall photograph the inappropriate
1204 materials, and provide the customer's name and address in writing to the Administrator for
1205 further action.
1206
1207 2.2.6.2 Containers
1208
1209 The Contractor shall provide containers meeting the standards described in Section 2.1.15. Both
1210 customer-owned and Contractor-owned Drop-box Containers shall be serviced, including
1211 customer-owned compactors.
1212
1213 The Contractor shall deliver Contractor-owned containers to requesting customers within seven
1214 calendar days of the customer's in itial request.
1215
1216 2.2.6.3 Specific Collection Requirements
1217
1218 Residential and commercial Drop-box Container collection must occur during the hours and
1219 days specified in Section 2.1.4. Collection of Drop-box Containers in Residential areas shall be
1220 limited to the same hours as Single Family Residential collection. The Contractor shall place
1221 and collect Drop-Box Containers in areas accessed through alleys where possible.
1222
1223 The Contractor shall provide dispatch service and equipment capability to collect full Drop-box
1224 Containers no later than the next business day after the customer's initial call. The Contractor
1225 shall maintain a sufficient Drop-box Container inventory to provide empty containers to new
1226 and temporary customers within five calendar days after the customer's in itial call.
1227 2.2.7 Temporary Customers
1228
City of Bremerton 24 September 2001
Solid Waste Collection Contract
1229 The Contractor shall provide temporary two, four and six cubic yard Detachable Containers to
1230 Residential and Commercial Customers on an on-call basis. The charges for temporary
1231 container service shall include delivery, collection and disposal as listed in Attachment B.
1232 Rental charges for temporary containers shall be charged in addition to the basic temporary
1233 container fee, at the rates Listed in Attachment B.
1234 2.2.8 Service to City Facilities
1235
1236 The Contractor shall provide weekly Garbage collection for street litter receptacles (including
1237 the provision, removal and replacement of plastic bags to line the receptacles) within the City
1238 Service Area and weekly Garbage and Source-separated Recyclables collection to all City-
1239 owned municipal facilities without charge. Those facilities include, but are not limited to the
1240 following:
1241
1242 Facility Address
1243 City HaH 239 4th Street
1244 Fire Station #1 817 Pacific Avenue
1245 Fire Station ~2 5005 Kitsap Way
1246 Fire Station #3 3027 Olympus Drive
1247 Building and Planning Department 286 4th Street
1248 Police Depm'hx~ent 4846 Auto Center Way
1249 Police Department 3001 6th Street
1250 Library 610 5th Street
1251 Bremerton Naval Museum 130 Washington
1252 Public Works 100 Oyster Way
1253 Pendergast Park Union Avenue
1254 Lions Ball Field Lebo Boulevard
1255 Sheridan Park Recreation Center 680 Lebo Boulevard
1256 Waterfront Boardwalk Washington Avenue
1257 Jarstad Aquatic Center 50 Magnuson Way
1258 Evergreen Park Park Avenue
1259 Senior Center 1140 Nipsic
1260 Public Works and Utilities 3027 Olympus Drive
1261 Forestry Division Old Belfair Highway
1262 Jarstad Park Old Belfair Highway
1263 Wastewater Treatment Plant 1600 Oyster Bay
1264 Gold Mountain Golf Course Old Belfair Highway
1265
1266 In addition, the Contractor shall furnish, haul and compost eight 30 (thirty) cubic yard Drop-
1267 box Container loads of Yard Debris from City spring clean-up activities each year without
1268 additional compensation for hauling costs for Yard Debris processing facility tipping fees.
1269 2.2.9 Service Suspension for Customer Absence
1270
1271 The Contractor shall establish and maintain a system to allow residents to stop service during
1272 absences exceeding a four-week period. During the service suspension period the Contractor
1273 shall not charge for services, and shall adjust customer bills on a pro-rated basis to reflect the
1274 term of service suspension. If the Contractor believes this service suspension provision is being
City of Bremerton 25 September 2001
Solid Waste Collection Contract
1275 used by a resident to avoid City mandatory collection requirements, the Contractor shall
1276 provide the customer name, address and period of service suspension to the Administrator.
1277 The Administrator may, at its option, determine that the residence is occupied and if so, direct
1278 the Contractor to bill the occupant according to their chosen service level or at the Micro-can
1279 service level as specified in Section 2.3.6.
1280
1281 2.3 Management
1282 2.3.1 Responsibility of Participants
1283
1284 2.3.1.1 Contractor's ResponsibiLities
1285
1286 The Contractor shall be responsible for:
1287
1288 (a) collecting Garbage in the City Service Area and delivering the waste to the Kitsap County
1289 Disposal System;
1290
1291 (b) collecting construction/demolition waste when requested in the City Service Area and
1292 dehvering the waste to fully permitted recycling, disposal or transfer sites in compliance
1293 with Kitsap County's Comprehensive Solid Waste Management Plan;
1294
1295 (c) collecting, processing and marketing of Source-separated Recyclables and Yard Debris
1296 collected by the Contractor from Residences in the City Service Area;
1297
1298 (d) performing all customer service, billing, collecting and reporting functions, including
1299 assistance with mandatory collection enforcement;
1300
1301 (e) procuring all equipment and bearing all start-up, operating and maintenance costs for
1302 collection and processing or disposal of Garbage, Source-separated Recyclables and Yard
1303 Debris, including proper safety equipment and insurance for vehicles and workers;
1304
1305 (f) providing and supervising all labor to accomplish the services described in.this Contract
1306 including labor to collect materials, maintain equipment and provide customer service
1307 and billing functions;
1308
1309 (g) operating a maintenance facility to house and service collection equipment and acquiring
1310 all necessary land use, building, operating, and business permits and licenses;
1311
1312 (h) submitting all informational materials for public release to the Administrator for review
1313 and approval prior to release;
1314
1315 (i) complying with all applicable laws;
1316
1317 (j) meeting all non-discrimination and OSHA/WISHA standards and all environmental
1318 standards and regulations;
1319
City of Bremerton 26 September 2001
Solid Waste Collection Contract
1320 (k) providing a safe working environment and comprehensive liability insurance coverage as
1321 set forth in Section 6.5. Proof of this insurance shall be submitted to the Administrator
1322 annually;
1323
1324 (1) providing a valid Contractor's Performance and Payment bond. Proof of this bond shall
1325 be submitted to the Administrator annually;
1326
1327 (m) securing the written approval of the Administrator and surety before assigning
1328 performance bonds or assigning, subcontracting or delegating duties;
1329
1330 (n) providing route maps to the Administrator indicating the day of week and the
1331 Contractor's best estimate of collection time;
1332
1333 (o) submitting collection day changes to the Administrator in writing for review and
1334 approval prior to the change taking place;
1335
1336 (p) submitting the annual holiday schedule to the Administrator in writing for review and
1337 approval prior to distributing the next year's collection schedule to customers;
1338
1339 (q) submitting prompt notices to the media regarding modifications to the collection schedule
1340 due to inclement weather;
1341
1342 (r) maintaining vehicles and facilities in a clean and sanitary condition;
1343
1344 (s) remitting the amount of the City Administrative Fee to the Administrator monthly; and
1345
1346 (t) meeting all City reporting requirements.
1347
1348 2.3.1.2 City's Responsibilities
1349
1350 The City shall be responsible for:
1351
1352 (a) overall project administration and final approval of Contractor activities;
1353
1354 (b) on-going public education after program implementation;
1355
1356 (c) monitoring and evaluation of collection operations with the cooperation of the Contractor;
1357
1358 (d) reviewing and approving rate modifications due to changes in County disposal fees or
1359 price indices;
1360
1361 (e) reviewing and approving all assigru~ent, pledging, subcontracting, or delegation of duties
1362 or assignment of performance bonds;
1363
1364 (f) reviewing and approving collection day changes;
1365
1366 (g) reviewing and approving the holiday schedule;
1367
City of Bremerton 27 September 2001
Solid Waste Collection Contract
1368 (h) reviewing and approving all contracts, leases, or other documents encumbering or
1369 limiting, or for acquisition, lease, or replacement of all vehicles, equipment and property
1370 to be used in performance of this Contract;
1371
1372 (i) approving certified scales for reporting purposes; and
1373
1374 (j) holding periodic operations meetings with the Contractor, as necessary.
1375
1376 For all of the provisions in this contract providing for the City and/or its Administrator to
1377 review, approve or otherwise oversee or supervise the Contractor's performance, the City
1378 and/or its Administrator shall act in good faith towards the Contractor and shall not
1379 unreasonably withhold approval of the Contractor's proposed course of action .
1380 2.3.2 Customer Service
1381
1382 The Contractor shall be responsible for providing all customer service functions including
1383 informing customers of current services and charges, handling customer subscriptions and
1384 cancellations, receiving and resolving customer complaints, dispatching Drop-box Containers
1385 and special collections, and billing. These functions shall be provided at the Contractor's Sole
1386 cost with such costs included in the Attachment B customer charges.
1387
1388 2.3.2.1 Location of Customer Service Office
1389
1390 The Contractor shall maintain an office in Kitsap County within the general vicinity of the City.
1391 The Contractor's office and customer service assistance shall be accessible by a local-prefix
1392 phone number. The Contractor's office hours shall be open at a minimum from 8 a.m. to 6 p.m.
1393 daily, except Saturdays, Sundays and designated holidays. Representatives shall be available
1394 at the Contractor's local office during office hours for communication with the public and the
1395 Administrator.
1396
1397 The Contractor shall offer a minimum of two Contractor-operated or contracted payment
1398 locations, one generally on the West side of the City and one generally on the East side of the
1399 City. The two payment locations shall accept cash, check and debit payments from customers
1400 as well as provide a payment receipt. Each payment location shall be open a minimum of forty
1401 (40) hours each week and shall be readily accessible to City residents.
1402
1403 The Contractor shall maintain an emergency telephone number for use outside normal business
1404 hours. The Contractor shall have a representative, or an answering service to contact such
1405 representative, available at said emergency telephone number during all hours other than
1406 normal office hours.
1407
1408 2.3.2.2 Customer Service Requirements
1409
1410 (a) Service Recipient Complaints and Inquiries
1411
1412 During office hours, the Contractor shall maintain a complaint service and a telephone
1413 answering system capable of accepting at least four incoming calls at one time. The
1414 Contractor shall record all complaints, including date, time, complainant's name and
City of Bremerton 28 September 2001
Solid Waste Collection Contract
1415 address if the complainant is willing to give this irfformation, and nature, date and
1416 manner of resolution of the complaint, in a computerized daily log. Any such calls
1417 received via the Contractor's answering service shall be recorded in the log the following
1418 business day. The Contractor shall make a conscientious effort to resolve all complaints
1419 within twenty-four hours of the original call. If a longer response time is necessary, the
1420 reason for the delay shall be noted in the log, along with a description of the Contractor's
1421 efforts to resolve the complaint.
1422
1423 The customer service log shall be available for inspection by the Administrator during the
1424 Contractor's office hours, and shall be in a format approved by the Administrator. The
1425 Contractor shall provide a copy of this log in computerized form to the Administrator
1426 with the monthly report.
1427
1428 All incoming calls shall be answered promptly and courteously. A customer should be
1429 able to receive recorded service information and also talk directly with a customer service
1430 representative when calling the Contractor's customer service telephone number. Upon
1431 the receipt of customer complaints in regards to busy signals or excessive delays in
1432 answering the telephone, the Administrator may request and the Contractor shall submit
1433 a plan to the Administrator for correcting the problem. Once the Administrator has
1434 approved the plan, the Contractor shall have sixty calendar days to implement the
1435 corrective measures, except during the implementation period from November 1, 2001,
1436 through February 28, 2002, during which the Contractor shall have one week to
1437 implement corrective measures. Reasonable corrective measures shall be implemented
1438 without additional compensation to the Contractor.
1439
1440 The Contractor shall provide additional staffing during the mobilization and transition
1441 period at the beginning of this Contract to ensure that sufficient staffing is available to
1442 minimize customer waits and inconvenience. The Contractor shall receive no additional
1443 compensation for increased staffing levels during mobilization and transition. Staffing
1~44 levels during mobilization and transition period shall be subject to Administrator review
1445 and approval.
1446
1447 The Contractor shall provide an Internet website containing collection schedules, material
1448 preparation requirements, rates, inclement weather service changes and other relevant
1449 service information for its customers in the City Service Area. The website shall include
1450 an e-mail function for customer communication with the Contractor. The website design
1451 shall be submitted for Administrator approval prior to collection service cormmencement.
1452
1453
City of Bremerton 29 September 2001
Solid Waste Collection Contract
1453 (b) Recycling and Yard Debris Programs
1454
1455 The Contractor's customer service representatives shall be fully knowledgeable of all
1456 collection services available to City residents. For new customers, customer service
1457 representatives shall explain all Garbage, Yard Debris and Source-separated Recyclables
1458 collection available. For existing customers, the representatives shall resolve recycling
1459 issues, missed pickups, container deliveries, etc. Customer service representatives shall
1460 be trained to inform customers of Yard Debris and Source-separated Recyclables
1461 preparation specifications. City policy questions shall be forwarded to the Administrator
1462 for response.
1463
1464 (c) Monitoring and Evaluation
1465
1466 The Contractor Shall have a program in place to monitor and evaluate the quality of
1467 customer service and to determine overall customer satisfaction with the Contractor's
1468 services. Monitoring and evaluation methods should include random customer surveys,
1469 periodically monitoring customer service, and other such methods. The Contractor shall
1470 work with the Administrator to monitor and ensure that high levels of customer service
1471 are demonstrated throughout the Contract period.
1472
1473 (d) Commercial Waste Monitoring
1474
1475 The Contractor shall periodically survey Commercial Customers to determine the types of
1476 wastes disposed. If this survey indicates that Special Wastes are being disposed with
1477 Garbage, the Contractor shall make follow-up contacts with the generator to discuss
1478 proper disposal procedures. This program shall be on-going, with contact made at least
1479 once every two years with Commercial Customers that, due to the nature of their
1480 activities, may produce or improperly dispose of Special Wastes. The Contractor shall
1481 document its program and follow-up contacts in the Contractor's monthly report to the
1482 Administrator.
1483 2.3.3 Customer Billing Responsibilities
1484
1485 The Contractor shall be responsible for all billing functions related to the collection services
1486 provided under this Contract. All Single Family Residential customers shall be billed at least
1487 every-other-month and Commercial Customers (including Multifamily customers with
1488 commercial accounts) shah be billed monthly. Billing and accounting costs associated with
1489 customer invoicing shall be borne by the Contractor, and are included in the service fees in
1490 Attachment B. The Contractor may bill customers Administrator-approved late payment and
1491 NSF check charges, as well as the costs of bad debt collection. The Contractor may also charge
1492 temporary Detachable Container and Drop-box customers a $75.00 or $250.00 deposit,
1493 respectively, to be applied to service charges.
1494
1495 The Contractor shall be responsible for the following:
1496
1497 a) Generating combined Garbage, Source-separated Recyclables and Yard Debris collection
1498 bills. Bills must include a statement indicating the customer's current service level,
1499 current charges and payments, and appropriate taxes;
City of Bremerton 30 September 2001
Solid Waste Collection Contract
1500
1501 b) Accepting, processing and posting payment data each business day;
1502
1503 c) Maintaining a system to monitor customer subscription levels, record excess Garbage
1504 collected, and place an additional charge on the customer's bill for th e excess collection;
1505
1506 d) Accepting and responding to customer requests for service level changes and missed or
1507 inadequate collection services;
1508
1509 e) Collecting unpaid charges from customers for collection services; and
1510
1511 f) Implementing rate changes as specified in Section 3.3.
1512
1513 The Contractor shall be required to have procedures in place to minimize the potential for the
1514 loss or damage of the account servicing (customer service, service levels and billing history)
1515 database. The Contractor shall ensure that a daffy backup of the account servicing database is
1516 made and stored off-site. The Contractor shall also provide the Administrator with a copy of
1517 the customer service database via e-mail on a monthly basis. The Administrator shall have
1518 unlimited rights to use the customer service database to develop targeted educational
1519 programs, analyze service level shifts or rate impacts, or to provide information to successor
1520 contractors.
1521
1522 Upon five business days written notice, the Contractor shall provide the Administrator with a
1523 paper and/or electronic copy of the requested customer information and history, including but
1524 not Limited to customer addresses, service levels and current account status.
1525
1526 In the event that the tenant-paid account of a rented property becomes overdue, the Contractor
1527 shall send the overdue notice to the property owner as well as the tenant. The Administrator
1528 shall provide the Contractor with a paper or electronic record of owner names and addresses as
1529 recorded in the City's utility billing system to assist the Contractor with maintaining current
1530 owner information for billing purposes.
1531 2.3.4 Reporting
1532
1533 The Contractor shall provide monthly and annual reports to the Administrator. In addition, the
1534 Contractor shall allow the Administrator access to perhnent operations information related to
1535 compliance with the obligations of this Contract, such as vehicle maintenance logs, and
1536 financial information such as disposal facility certified weight slips and customer charges and
1537 payments. No other financial Lrfformation shall be required, except as necessary under Section
1538 3.4.
1539
1540 2.3.4.1 Monthly Reports
1541
1542 On a monthly basis, by the last day of each month, the Contractor shall provide a report
1543 containing the following information for the previous month:
1544
1545 (a) The number of customers at each service level, for each collection sector;
1546 (b) A summary of monthly billings, receipts and accumulated bad debt by collection sector;
City of Bremerton 31 September 2001
Solid Waste Collection Contract
1547 (c) A log of complaints and resolutions for Garbage, Source-separated Recyclables and Yard
1548 Debris collection services, including missed pickups and responses;
1549 (d) A compilation of total Yard Debris and Garbage quantities for each collection sector;
1550 (e) A summary of Source-separated Recyclables quantities by collection sector and by
1551 commodity, including processing residues disposed and market prices;
1552 (O Any changes in Yard Debris processing procedures or tipping fees;
1553 (g) A description of any vehicle accidents or infractions;
1554 (h) A description of commercial waste monitoring activities; and
1555 (i) A description of promotion efforts and response.
1556
1557 If collection vehicles are used to service more than one customer sector or jurisdiction, the
1558 Contractor shall develop an apportioning methodology that allows the accurate calculation and
1559 reporting of collection quantities. The apportioning methodology shall be reviewed and
1560 approved by the Administrator and shall be periodically verified through field-testing by the
1561 Contractor.
1562
1563 2.3.4.2 Annual Reports
1564
1565 On an annual basis, by the last working day of January, the Contractor shall provide to the
1566 Administrator a report containing the following information:
1567
1568 (a) A consolidated summary and tabulation of the monthly reports, described above;
1569 (b) A discussion of highlights and other noteworthy experiences, along with measures taken
1570 to resolve problems, increase efficiency, and increase participation in Yard Debris and
1571 Source-separated Recyclables collection programs;
1572 (c) A discussion of promotion and education efforts and accomplishments; and
1573 (d) An inventory of current collection and other major equipment.
1574
1575 2.3.4.3 Ad Hoc Reports
1576
1577 The Administrator may request from the Contractor up to six ad-hoc reports each year, at no
1578 additional cost to the City. These reports may include customer service data base .tabulations to
1579 identify specific service level or participation patterns or other similar information. These
1580 reports shall not require the Contractor to expend more than 100 staff hours per year to
1581 complete.
1582
1583 If requested by the Administrator, the Contractor shall provide daily route information for all
1584 service sectors and collection streams for the purpose of evaluating potential collection system
1585 changes during the term of the Contract. If the Contractor considers that information sensitive,
1586 such information will be clearly labeled "proprietary'' and used for only for internal
1587 evaluation purposes and not disclosed to third parties without the written permission of the
1588 Contractor, except that information received by the Administrator shall be subject to existing
1589 laws and regulations regarding disclosure, including the Public Disclosure Act.
1590 2.3.5 Promotion and Education
1591
1592 The Administrator shall have primary responsibility for developing and executing public
1593 education programs to encourage waste reduction and diversion, with the exception of
City of Bremerton 32 September 2001
Solid Waste Collection Contract
1594 Multifamily recycling. The Contractor shall have primary respgnsibility for providing service-
1595 oriented information to customers and implementing an on-going Multifamily recycling
1596 promotion program.
1597
1598 The Administrator shall provide program theme and logo designs to the Contractor for use
1599 with Contractor-published materials. The City's theme and logo will identify the City as
1600 sponsor, integrate and unify program activities, attract attention, and send positive consistent
1601 messages to the pubhc to spur participation. All Contractor materials and logos are subject to
1602 prior Administrator review and approval.
1603
1604 The Contractor shall maintain a complete list of all multifamily sites within the City Service
1605 Area and the status of each site's participation in Contractor-provided recycling services. The
1606 Contractor shall annually contact, by telephone or site visit, the manager or owner of each non-
1607 participating site to eticourage participation and inform the manager or owner that the cost of
1608 recycling services is included in Garbage charges. The Contractor shall include with its annual
1609 report, their list of Multifamily sites, recycling status, contact date, outcome and suggestions for
1610 increasing participation or other program improvements.
1611
1612 Every October, starting in 2002, a legal and proper notice shall be sent by the Contractor to:
1613
1614 (a) each Single Family Residential customer to notify them of rate modifications, available
1615 service levels, opportunities for savings through Yard Debris and recycling diversion,
1616 Yard Debris collection schedule changes and provisions for special disabled collection;
1617
1618 (b) each Multifamily site owner or property manager to notify them of rate modifications, the
1619 availability of Multifamlly recycling collection services and the opportunity for savings
1620 through recycling and container downsizing; and
1621
1622 (c) each Commercial Customer notifying them of rate modifications, the availability of waste
1623 reduction and recycling programs, and the opportunities for savings through waste
1624 reduction and recycling.
1625
1626 All notices shall be subject to prior Administrator review and prior approval.
1627 2.3.6 Mandatory Collection Enforcement
1628
1629 The Contractor shall use its best efforts to assist the Administrator with enforcing mandatory
1630 collection requirements throughout the City Service Area. If a route driver notices a non-
1631 complying residence or business, then that driver shall notify Contractor management of the
1632 apparent non-compliance. The Contractor shall then ascertain the account status of that
1633 residence or business, and shall contact that potential customer via telephone or mail to inform
1634 them of the Municipal Code requirement to subscribe for collection. If the potential customer
1635 does not comply with collection requirements within thirty calendar days, the Contractor shall
1636 provide the name, address and contact history in its monthly report to the Administrator, and
1637 shall provide service and then bill that customer at the lowest service level available.
1638
1639 In addition, each April the Contractor shah compare a Administrator-provided listing of utihty
1640 service addresses with its customer list to identify any City residences or businesses that have
City of Bremerton 33 September 2001
Solid Waste Collection Contract
1641 failed to comply with mandatory collection requirements. The Contractor shall solicit those
1642 potential customers as set forth above and inform the Administrator of those potential
1643 customers that fail to subscribe to collection services.
1644
1645 The Administrator reserves the right to modify or eliminate mandatory collection requirements
1646 without otherwise affecting the terms of this Contract.
1647 2.3.7 Field Monitoring
1648
1649 The Administrator may periodically monitor collection system parameters such as
1650 participation, container condition, contents weights, waste composition and customer
1651 satisfaction. The Contractor shall assist the Administrator by coordinating the Contractor's
1652 operations with the Administrator's field monitoring to minimize inconvenience to customers,
1653 the Administrator and the Contractor.
1654 2.3.8 Transition to Next Contractor
1655
1656 The Contractor shall provide to the Administrator one month from the termination date of this
1657 Contract a complete list of customer contacts, phone numbers, service and billing addresses,
1658 service levets, and other appropriate customer service information. This ir~formation shall be
1659 provided on magnetic medium, in a commonly recognized format acceptable to the
1660 Administrator. This requirement may be fulfilled by the backup requirements described in
1661 Section 2.3.3. This customer service information shall be provided to the successive contractor
1662 to allow a smooth transition between service providers.
1663
1664 The Contractor shall be expected to work with the Administrator and the successive contractor
1665 in good faith to ensure a minimum of customer disruption during the transition period.
1666 Commercial and Residential container removal and replacement shall be coordinated between
1667 current and successive contractors to occur simultaneously to minimize customer
1668 inconvenience.
1669
1670
1671 3. Compensation
1672
1673 3.1 Compensation to the Contractor
1674
1675 The Contractor shall be responsible for billing and collectLng funds from Single Family and
1676 Commercial Customers (including Multifamily customers with commercial accounts) in
1677 accordance with the charges listed in Attachment B. The Contractor may reduce or waive at its
1678 option, but shall not exceed, the charges listed in Attachment B. These payments will comprise
1679 the entire compensation due to the Contractor.
1680
1681 These charges provided in Attachment B include the following components:
1682
1683 a) The Contractor's Garbage collection fee for the particular service level;
1684
City of Bremerton 34 September 2001
Solid Waste Collection Contract
1685 b) A disposal fee component for the particular service level based on the container weights
1686 specified in the Contractor's proposal and listed in Attachment B. Actual load weight
1687 and disposal cost will be used for Drop-box Container services;
1688
1689 c) Residential recycling collection charges (e.g. Single Family Residential and Multffamily
1690 Residential);
1691
1692 d) The costs of Recycling Carts, Yard Debris Carts, Garbage Carts, and Detachable
1693 Containers used for Garbage or Commercial Source-separated Recyclables, but not
1694 including Drop-boxes for which separate rental charges shall be assessed; and
1695
1696 e) The City Administrative Fee.
1697
1698 City, County and Washington State solid waste or utility taxes shall be itemized separately on
1699 customer invoices and added to the charges listed in Attachment B. The Contractor shall not
1700 charge separately for Source-separated Recyclables.
1701
1702 Should the City initiate any program that bans materials (other than Yard Debris), penalizes the
1703 customer for the composition of the customer's waste stream or alters the rates billed tothe
1704 customer in any way other than those modifications found in this Contract, the rates shall be
1705 adjusted to make the effect on revenue neutral to the Contractor.
1706
1707 3.2 Compensation to the City
1708
1709 The Contractor shall pay to the City one-twelfth of the annual Administrative Fee on the first
1710 day of each month during the term of this Contract, starting on January 1, 2002. The initial (first
1711 year) amount of the Administrative Fee shall be one hundred thousand dollars ($100,000.). The
1712 amount of the annual Administrative Fee shall be adjusted each year in accordance with Section
1713 3.3. A specific example of the annual Administrative Fee adjustment formula is provided in
1714 Attachment C.
1715
1716 in addition to the Administrative Fee, the City or other agency may, from time to. time, impose
1717 other fees or taxes that shall be assessed and payable as directed by City ordinance. If new City,
1718 County or State taxes are imposed or the rates of existing taxes are changed after the execution
1719 date of this Contract, and the impact of these changes results in increased or decreased
1720 Contractor costs in excess of twenty thousand dollars ($20,000) in the aggregate annually, the
1721 Contractor and Administrator shall enter into good faith negotiations to determine whether
1722 compensation adjustments are appropriate and if so, to determine the amount and the method
1723 of adjustment. Any adjustment in customer rates shall coincide with the annual rate adjustment
1724 process described in Section 3.3.
1725
1726 3.3 Compensation Adjustments
1727
1728 The City Administrative Fee and the Contractor's collection service charges, excluding waste
1729 disposal fees, for each level of service shall increase or decrease each year by sixty percent (60%)
1730 of the annual percentage change in the Consumer Price Index for the Seattle-Everett
1731 Metropolitan Area for Urban Wage Earners and Clerical Workers, all items (Revised Series)
1732 (CPI-Wt967=100), prepared by the United States Department of Labor, Bureau of Labor
City of Bremerton 35 September 2001
Solid Waste Collection Contract
1733 Statistics or a replacement index. Adjustments shall be based on the twelve-month period
1734 ending July 31st of the previous year.
1735
1736 Adjustments to the Contractor's collection service charge shall be made in units of one cent
1737 ($0.01). Fractions less than one cent ($0.01) shall not be considered when making adjustments.
1738
1739 Rates will be adjusted annually, beginning January 1, 2003. On or by October 15th of each year,
1740 starting October 15th, 2002, the Contractor shall submit to the Administrator in writing for
1741 review and approval a Rate Adjustment Statement calculating the new rates to be charged City
1742 customers. On City approval, the new rates shall take effect on January 1st of the following
1743 year.
1744
1745 Periodic adjustments shall also be made to Contractor collection rates to reflect increases or
1746 decreases in Kitsap COunty disposal fees for solid waste. In the event of a change in disposal
1747 fees, the disposal fee component of rates charged to customers shall be adjusted, based on
1748 container contents weights specified by the Contractor in its bid and included in Attachment B
3.749 of this Contract.
1750
1751 Specific examples of rate modifications due to Consumer Price Index and disposal fee changes
1752 are provided in Attachment C.
1753
1754 Should the Contractor be required by the City or other governmental authority to use disposal
1755 or Yard Debris processing sites other than those being used at the initiation of this Contract, the
1756 Contractor shall submit in writing a detailed proposal for the adjustment of the rates to reflect
1757 any additional cost or savings to the Contractor. The City and Contractor agree to negotiate in
1758 good faith any changes to the rates to offset these costs or savings.
1759
1760 The Contractor shall be responsible for providing customer notices of impending rate changes,
1761 whether due to Consumer Price Index adjustments or tipping fee changes, as described in
1762 Section 2.3.5.
1763
1764 The Contractor shall not adjust or modify rates due to employee wage increases, changes in
1765 Yard Debris processing fees, the value of Source-separated Recyclables, Garbage collection
1766 service level shifts, or other changes affecting the collection system. At the time of City's
1767 decision to extend this Contract through invoking the Contract extension options, Contractor
1768 may present a request for relief for any adverse market changes that have occurred during the
1769 previous period of the contract. The City is under no obligation to give consideration for those
1770 adverse changes as a condition for invoking the Contract extension option. If the City rejects
1771 the Contractor's proposed rate adjustments prior to invoking the Contract extension option,
1772 Contractor shall have the right to terminate this contract at the end of the initial five-year term,
1773 notwithstanding the provisions of Section 1 of this Contract.
1774
1775 3.4 Change in Law
1776
1777 Changes in federal, state or local laws or regulations that result in a detrimental change in
1778 circrrmstances or a material hardship for the Contractor in performing this Contract may be the
1779 subject of a request by the Contractor for a rate adjustment, subject to review and approval by
1780 the City. If the Administrator requires review of financial or other proprietary irrformation in
City of Bremerton 36 September 2001
Solid Waste Collection Contract
1781 conducting its rate review, at the request of the Contractor, the Administrator shall retain a
1782 third-party to review such information, and may take any other steps it deems appropriate to
1783 protect the confidential nature of Contractor's documen ts and preserve Contractor's on going
1784 ability to remain competitive.
1785
1786 4. Failure to Perform, Remedies, Termination
1787
1788 The City expects high levels of customer service and collection service provision. Performance
1789 failures shall be discouraged, to the extent possible, through liquidated damages for certain
1790 infractions and through Contract default for more serious lapses in service provision. Section
1791 4.1 details infractions subject to liquidated damages and Section 4.2 details default provisions
1792 and procedures.
1793
1794 4.1 Liquidated Damages
1795
1796 Liquidated damages may be levied if documented in an incident report presented by the
1797 Administrator to the Contractor. Disagreements will be subject to the procedures described in
1798 Section 4.2. The Administrator reserves the right to make periodic, unscheduled inspection
1799 visits to determine the Contractor's compliance with the Contract. Liquidated damages may
1800 include, but are not limited to:
1801
1802 Action or Omission Liquidated Damages
1803
1804 Collection before or after the times specified $100.00 per incident (each truck
1805 in Section 2.1.4 except as expressly permitted on each route is a separate incident)
1806
1807 Repetition of complaints on a route after $25.00 each not to exceed 30
1808 Notification, including but not lLrnited to, not complaints per truck per day
1809 replacing cans or Detachable Containers to
1810 designated locations, spilling, not closing gates,
1811 crossing planted areas or similar violations
1812
1813 Failure to collect spilled materials Twice the cost of cleanup to the City
1814 or County plus $50.00 each incident
1815
1816 Leakage from Contractor vehicles $100.00 each vehicle, each
1817 or vehicle contents inspection
1818
1819 Failure to collected missed materials $50.00 each incident to a maximum
1820 within one business day (including of $500.00 per truck per day on
1821 Saturday) after notification Residential routes and no maximum
1822 for commercial routes
1823
1824
City of Bremerton 37 September 2001
Solid Waste Collection Contract
1824 Action or Omission (continued) Liquidated Damages
1825
1826
1827 Collection from Residential premises on $10.00 per structure, to a maximum
1828 other than the day specified of $250 per truck, per day
1829
1830 Missed collection of entire block segment $150.00 per block segment if
1831 of Single Family Residences (excluding collection is performed the following
1832 collections prevented by inclement day, $500.00 per block segment if
1833 weather) not collected the following day
1834
1835 Collection as Garbage of Source-separated $20.00 per incident, up to maximum
1836 Recyclables or Yard Debris in clearly of $500.00 per truck, per day
1837 identified containers, bags or boxes
1838
1839 Rejection of Residential Recyclables $25.00 per incident
1840 without providing documentation to the customer
1841 of the reason for rejection
1842
1843 Failure to deliver Detachable Containers to $50.00 per container, per day
1844 new commercial garbage customers within seven
1845 business days
1846
1847 Failure to deliver Carts, Detachable Containers or Drop- $50.00 per container, per day
1848 box Containers within the specified period to Commercial
1849 /Multifamily Garbage customers requesting
1850 service after January 1, 2001.
1851
1852 Failure to deliver Carts or Recycling Carts within seven $15.00 per Cart, per day
1853 calendar days to Single Family Residential customers
1854 after service starts on January 1, 2001.
1855
1856 Misrepresentation by Contractor in records $500.00 per incident
1857 or reports
1858
1859 Failure to deliver required reports on time $250.00 per incident
1860
1861 Failure to maintain clean and sanitary $25.00 per vehicle, up to maximum
1862 vehicles and facilities of $100.00 per inspection
1863
1864 Failure to clean or replace Detachable Containers $25.00 per container, per day
1865 within 24 hours of notification by the Administrator
1866
1867 Landfilling or incineration of uncontaminated $1,000 per vehicle, per incident,
1868 Source-separated Recyclables or Yard Debris without with no maximum
1869 express permission of the Administrator or County
1870
1871 Transition:
City of Bremerton 38 September 2001
Solid Waste Collection Contract
1872
1873 Failure to deliver Garbage Carts or Recycling $1,000.00 per day for each day past
1874 Carts to existing Single Family residences December 31, 2001.
1875 before December 31, 2001.
1876
1877 Action or Omission (continued) Liquidated Damages
1878
1879
1880 Failure to deliver Garbage Carts, Detachable Containers. $1,000.00 per day for each day past
1881 or Drop-boxes by December 31, 2001 to Commercial December 31, 2001.
1882 Customers that sign up by December 15, 2001.
1883
1884
1885 Nothing in this section shall be construed as providing an exclusive list of the acts or omissions
1886 of the Contractor that shall be considered violations or breaches of the Contract and the
1887 Administrator reserves the fight to exercise any and all remedies it may have with respect to
1888 these and other violations and breaches. The liquidated damages schedule set forth here shall
1889 not affect the Administrator's ability to terminate the Contract as described in Section 4.2.
1890
1891 Liquidated damages may be levied if documented in an incident report presented by the
1892 Administrator to the Contractor. The Contractor shall be notified and provided a copy of the
1893 incident report, and shall be provided the opporttmity to respond to the incident report before
1894 liquidated damages are invoiced to the Contractor. Liquidated damages, if assessed during a
1895 given month, shall be invoiced by the Administrator to the Contractor. The Contractor shall be
1896 required to pay the Administrator the invoiced amount within thirty calendar days of billing.
1897 Failure to pay liquidated damages shall be considered a breach of this Contract.
1898
1899 Any fine may be appealed by the Contractor to the Administrator. The Contractor shall be
1900 allowed to present evidence why the fine should be lessened or eliminated. The decision of the
1901 Administrator shall be final.
1902
1903 4.2 Contract Default
1904
1905 The Contractor shall be in default of this Contract if it violates any provision of this Contract.
1906 The City reserves the right to declare the Contractor to be in default in the event of any
1907 violation which shall include, but not be limited to, the following:
1908
1909 (1) The Contractor fails to commence the collection of Garbage, Source-separated Recyclables
1910 or Yard Debris, or fails to provide any portion of service under this Contract for a period
1911 of more than five business days;
1912
1913 (2) The Contractor fails to obtain and maintain any permit required by the City, County or
1914 any federal, state or other regulatory body in order to collect materials under this
1915 Contract;
1916
1917 (3) The Contractor's n oncomptiance creates a hazard to public health or safety; and
1918
City of Bremerton 39 September 2001
Solid Waste Collection Contract
1919 (4) The Contractor repeatedly or persistently fails to meet performance obligations that result
1920 in liquidated damages.
1921
1922 The Administrator reserves the right to pursue any remedy available at law for any default by
1923 the Contractor. In the event of default, the Administrator shall give the Contractor thirty (30)
1924 calendar day's prior written notice of its intent to exercise its rights, stating the reasons for
1925 such action. However, ff an emergency shall arise that does not allow thirty (30) calendar
1926 day's prior written notice, or the contractor has violated the same contract provision
1927 repeatedly, the Admix~trator shall immediately notify the Contractor of its intent to exercise
1928 the City's rights immediately. If the Contractor cures the stated reason within the stated
1929 period, or if the Contractor initiates efforts satisfactory to the Administrator to remedy the
1930 stated reason and the efforts continue in good faith, the City shall not exercise its rights for the
1931 particular incident. If the Contractor fails to cure the stated reason within the stated period, or
1932 if the Contractor doeg not undertake efforts satisfactory to the Administrator to remedy the
1933 stated reason, then the Administrator may order the Contractor to discontinue any further
1934 service hereunder.
1935
1936 If the Contractor abandons or violates any portion of this Contract or fails to fully and promptly
1937 comply with all its obligations, or fails to give any reason satisfactory to the Administrator for
1938 noncompliance, and fails to correct the same, the Administrator, after the initial ten calendar
1939 days notice, may then declare the Contractor to be in default of this Contract and notify the
1940 Contractor to discontinue any further service hereunder, a copy of said notice to be sent to the
1941 Contractor and surety on its performance bond.
1942
1943 Upon receipt of such notice, the Contractor agrees that it shall promptly discontinue the work,
1944 whereupon the surety may, at its option, to be exercised within ten calendar days from such
1945 written notice, assume the work that the Administrator has ordered discontinued and proceed
1946 to perform same, at its sole cost and expense, in compliance with the terms and conditions of
1947 the Contract, and all documents incorporated hereIn. Pending consideration by the surety of
1948 said option to assume the work, the City may take possession of all the Contractor's
1949 equipment and vehicles and employ such work force as it may deem advisable to continue the
1950 work. The cost of all labor and materials necessary for such work shall be-paid by the
1951 Contractor in full, provided the City shall pay a monthly rental fee for the use of Contractor's
1952 equipment and vehicles as set forth in Section 6.4.
1953
1954 In the event that the surety fails to exercise its option within the ten day period, the City may
1955 complete the work or any part thereof, either through its own work force or by contract, and the
1956 Administrator shall have the right to take possession of and use of the vehicles and equipment
1957 and property of every kind and nature provided by the Contractor for the work (provided it
1958 may pay the rental and assume all liability of City operation for equipment and vehicles set
1959 forth above) and to procure other vehicles, equipment and facilities necessary for the
1960 completion of the same, and to charge the same to the Contractor and/or surety, together with
1961 all reasonable costs incidental thereto.
1962
1963 The City shall be entitled to recover from the Contractor and its surety as damages all expenses
1964 incurred, including reasonable attorney's fees, together with all such additional sums as may be
1965 necessary to complete the work, together with any further damages sustained or to be sustained
1966 by the City.
City of Bremerton 40 September 2001
Solid Waste Collection Contract
1967
1968 The City may, at its option, operate the equipment of the Contractor with City work forces in
1969 the event of a strike, work slow down or work stoppage.
1970
1971 If City employees provide Garbage, Yard Debris and/or Source-separated Recyclables
1972 collection then the actual incremental costs of City labor and administration shall serve as the
1973 basis for a mutually agreed charge to the Contractor.
1974
1975 5. Notices
1976
1977 All notices required or contemplated by this Contract shall be personally served or mailed,
1978 (postage prepaid and return receipt requested), addressed to the parties as follows:
1979
1980 To City:' City of Bremerton
1981 Administrative Services Director
1982 239 4t~ Street
1983 Bremerton, WA 98337
1984 (360) 478-5290
1985
1986 To Contractor: Rabanco
1987 Nick Harbert
1988 54 South Dawson Street
1989 Seattle, WA. 98134
1990 (206) 332-7701
1991
1992 6. General Terms
1993
1994 6.1 Collection Right
1995
1996 The Contractor shall be the exclusive provider with which the City shall contract to collect
1997 Garbage, Yard Debris and Source-separated Recyclables placed in designated containers and set
1998 out in the regular collection location within the City Service Area. When asked by the
1999 Contractor, the City shah use its best efforts to protect this right of the Contractor; however, the
2000 City shah not be obligated to join or instigate litigation to protect the right of the Contractor.
2001
2002 This Contract provision shall not apply to Garbage, Source-separated Recyclables or Yard
2003 Debris self-hauled by the generator; to Source-Separated Recyclables hauled by common or
2004 private carriers (including drop-off recycling sites); to construction/demolition waste hauled by
2005 self-haulers or contractors in the normal course of their business; or to Yard Debris generated
2006 and hauled by private landscaping services.
2007
2008 The Contractor shall retain ownership interest in Garbage, Source-separated Recyclables and
2009 Yard Debris once these materials are placed in Contractor-owned containers. The Contractor
2010 shall retain revenues gained from the sale of Source-separated Recyclables or Yard Debris.
2011 Likewise, a tipping or acceptance fee charged for Yard Debris or Source-separated Recyclables
2012 shall be the financial responsibility of the Contractor.
2013
City of Bremerton 41 September 2001
Solid Waste Collection Contract
2014 Nothing in this section shall restrict the City from executing contracts with WUTC-certificated
2015 haulers in annexation areas outside of the City Service Area.
2016
2017 6.2 Access to Records
2018
2019 The Contractor shall maintain in its local office full and complete operations and customer
2020 service records that at all reasonable times shall be open for inspection and copying for any
2021 reasonable purpose by the Administrator. In addition, the Contractor shall, during the Contract
2022 term and at least five years thereafter, maintain in an office in Kitsap County, reporting records
2023 and billing records pertaining to the Contract that are prepared in accordance with Generally
2024 Accepted Accounting Principles, reflecting the Contractor's work. Those Contractor's
2025 accounts shall include, but shall not be llruited to, all records, invoices and payments under the
2026 contract, as adjusted for additional and deleted work. The Administrator shall be allowed
2027 access to these records for audit and review purposes, if rate modifications other than
2028 Consumer Price Index or disposal fee adjustments are under negotiation between the
2029 Administrator and Contractor.
2030
2031 6.3 Contractor to Make Examinations
2032
2033 The Contractor has made its own independent examination, investigation and research
2034 regarding the proper method of providing the services, facilities and equipment required under
2035 this Contract, and all conditions affecting the provision of services, facilities and equipment,
2036 and the labor, equipment, facilities and materials needed for the provision of services set forth
2037 in this Contract. The Contractor agrees that it has satisfied itself by its own independent
2038 examination, investigation and research regarding all of such conditions, and that its conclusion
2039 to enter into this Contract was based upon such independent examination, investigation and
2040 research, and that it shall make no claim against the City because of any of the estimates,
2041 statements or interpretations made by any officer, employee or agent of the City that may be
2042 erroneous.
2043
2044 The Contractor assumes the risk of all conditions foreseen and unforeseen, and agrees to
2045 continue to provide the services required under this Contract without additional compensation
2046 under whatever circumstances may develop other than as provided in this Contract.
2047
2048 6.4 Availability of Collection Vehicles
2049
2050 The Contractor's equipment used in the performance of this Contract shall be available for use
2051 by the City in case of Contract default, as described in Section 4.2. For this purpose, any
2052 document (including a lease to or by the Contractor; a financing contract; an acquisition over
2053 time; a mortgage or other instrument establisl'ffng a security interest) that encumbers or limits
2054 the Contractor's in terest in such property shall:
2055
2056 (i) Allow the surety on the Contractor's performance bond to take over the Contractor's
2057 obligations and to continue the use of the equipment in service for performance of the
2058 Contract during its remaining life; and,
2059
2060 (ii) In the event the Contractor is in default and the surety on the Contractor's performance
2061 bond fails to assume or continue performance within forty-eight hours after notice to do
City of Bremerton 42 September 2001
Solid Waste Collection Contract
2062 so, allow the City to lease or sub-lease all or a portion of such property as defined by the
2063 Administrator and use the same for a period of up to six months following the date of the
2064 declaration of default by the City, to provide such collection services on the condition that
2065 the Administrator pays to the City's lessor a market rental for the equipment or property
2066 actually used in an amount no greater than the monthly lease in event of a lease, the
2067 installment payment in event of a purchase contract, or the monthly interest and principal
2068 in event of a financing arrangement; and,
2069
2070 (iii) Exempt the City from liability during its usage of such property for balloon payments,
2071 accrued interest, accelerated charges on account of default, or other extraordinary
2072 payments; nor make satisfaction thereof a condition of the City's in terim usage; and,
2073
2074 (iv) Forbid any foreclosure, trustee's sale, or other dispossession of the Contractor's interest
2075 without giving both the Administrator and surety on the Contractor's performance bond
2076 sixty calendar days prior notice, and then, make any termination of the Contractor's
2077 possessor interest pursuant to such document or the enforcement thereof subject to the
2078 requirements of subsections (i), (ii) and (iii) of this section.
2079
2080 In event of default, the Contractor shall allow the Administrator to use such property in order
2081 to continue collection services within the City Service Area for a period of up to six months.
2082 Market-rate rental fees for all types of collection vehicles shall be paid to the Contractor or
2083 successor interest, as set forth in subsection (ii), above. To assure compliance with this section,
2084 the Contractor shall submit the following to the Administrator for review and approval:
2085
2086 (i) All contracts, leases, or other documents encumbering or limiting the Contractor's
2087 interest in such property;
2088
2089 (ii) All contracts, leases, or other documents for acquisition, lease, replacement or substitute
2090 equipment for such property; and,
2091
2092 (iii) Any proposed agreement that would encumber or transfer any interest of the Contractor
2093 in such property before the Contractor's execution of such agreement.
2094
2095 No contract shall be awarded without the Administrator's prior written approval of the
2096 doc~tments identified in this section and no transactions identified in this section shall take
2097 effect without the Administrator's approval. The Administrator's approval shall not be
2098 unreasonably withheld.
2099
2100 6.5 Insurance
2101 6.5.1 General Requirements
2102
2103 Subsequent to the award, but prior to the execution, of this Contract, the Contractor at its own
2104 expense shall obtain and file with the Administrator a Certificate of Insurance evidencing
2105 general comprehensive liability insurance coverage (including all of the coverage set forth
2106 below). This Certificate of Insurance shall be subject to approval by the Administrator as to
2107 company, terms and coverage. All comprehensive general liability insurance shall be written on
2108 an occurrence basis.
City of Bremerton 43 September 2001
Solid Waste Collection Contract
2109
2110 Such liability ~surance must specifically name the City as an additional insured thereunder,
2111 and must fully protect the City from any and all claims and risks and losses in connection with
2112 any activities or omissions by the Contractor by virtue of this Contract.
2113
2114 Such liability insurance must be maintained in full force and effect at the Contractor's sole
2115 expense for liability for property damage or personal injury that may occur in connection with
2116 activities or omissions by the Contractor by virtue of this Contract. The City of Bremer~on shall
2117 be given thirty calendar days prior written notice, by certified marl, of any cancellation, lapse,
2118 reduction or modification of such insurance.
2119 6.5.2 Coverage
2120
2121 Said insurance policy and/or an endorsement thereto, as evidenced by the Certificate of
2122 Insurance, must provide the following minimum coverage and limits, and contain the following
2123 provisions:
2124
2125 o Bodily injury
2126 o Employees as Additional Insured
2127 o Premises/Operations Liability (M&C)
2128 o Owners and Contractors Protective Liability
2129 o Products and Completed Operations Liability
2130 o Blanket Contractual Liability
2131 o Broad Form Property Damage Liability (including completed operations)
2132 o Personal Injury with no employee exclusion
2133 o Stop Gap or Employers Contingent Liability
2134 o Automobile Liability, including coverage for owned, non-owned, leased or hired vehicles
2135 o Explosion, Collapse, Underground damage (referred to as "X.C.U.")
2136
2137 The City of Bremerton shall be an additional named insured for all coverage required by this
2138 Contract and a copy of the policy endorsement shall be provided to the Administrator by
2139 October 1, 2001 and annually thereafter.
2140
City of Bremerton 44 September 2001
Solid Waste Collection Contract
2140 6.5.3 Mirffmum Limits
2141
2142 All Coverage:
2143
2144 $2,000,000 per occurrence
2145
2146 Providing of coverage in this stated amount shall not be construed to relieve the Contractor
2147 from liability in excess of such limits. The City shall not be deemed or construed to have
2148 assessed the r~sks that may be applicable to the Contractor under this Contract. Contractor shall
2149 assess its own risks and, if it deems appropriate and prudent, maintain greater limits.
2150 6.5.4 ACORD Form
2151
2152 If an "ACORD" form of Certificate of Insurance is provided to the City pursuant to this section,
2153 it must be modified in the following manner:
2154
2155 Wording at top of ACORD Form - "This Certificate is issued as a matter of information only and
2156 confers no right upon the certificate holder - Shall be Deleted In Its Entirety.
2157
2158 Wording at bottom of ACORD Form - "Should any of the above described policies be canceled
2159 before the expiration date thereof, the issuing company will endeavor to mail 30 calendar days
2160 written notice to the below named Certificate holder, but failure to mail such notice shall
2161 impose no obligation or liability of any kind upon the company' ' - Shall be Changed to Read -
2162 "Sh ould any of the above described policies be canceled, lapse, or be reduced as to coverage
2163 before the expiration date thereof, the issuing company shall mail thirty (30) calendar days
2164 prior written notice to the below named Certificate holder and Additional Insured, the City of
2165 Bremerton, by certified mail."
2166
2167 6.6 Performance Bond
2168
2169 The Contractor shall provide and maintain at all times, a valid Contractor's Performance and
2170 Payment Bond or bonds, letter of credit or other similar instrument acceptable to and approved
2171 in writing by the City in an amount of one million dollars ($1,000,000.). The bond, letter of
2172 credit or other similar instrument shall be issued for a period of not less than one year, and the
2173 Contractor shall provide a new bond, letter of credit or similar instrument, and evidence
2174 satisfactory to the Administrator of its renewability, no less than sixty calendar days prior to the
2175 expiration of the bond, letter of credit or other similar instrument then in effect. The
2176 Administrator shall have the right to call the bond, letter of credit or other similar instrument in
2177 full in the event its renewal is not confirmed prior to five calendar days before its expiration.
2178
2179 6.7 Indemnification
2180
2181 The Contractor shall be solely responsible for the acts and failures to act of its personnel which
2182 arise in any way out of the performance of this Contract. The Contractor agrees to defend,
2183 inderm~ify and hold harmless the City and its officials and employees from and against all
2184 liability, loss, damages, and expenses, including costs and attorney's fees, resulting from
2185 actions, claims and lawsuits arising or alleged to have arisen, in whole or in part, out of or in
City of Bremerton 45 September 2001
Solid Waste Collection Contract
2186 consequence of the acts or failures to act of the Contractor, its employees, its subcontractors, its
2187 agents, or its assigns in the performance of this Contract. The City and Contractor have
2188 specifically negotiated the Contractor's waiver of its immunity under Title 51 RCW, which is
2189 hereby waived for purposes of the Contractor's indemnifications and hold harmless of the
2190 City, including the duty to defend. This provision shall be inapplicable to the extent such
2191 action, claim, or lawsuit is judicially found to arise solely from the acts or failures to act of the
2192 City.
2193
2194 6.8 Assignment of Contract
2195 6.8.1 Assignment or Pledge of Money by the Contractor
2196
2197 The Contractor shall not assign or pledge any of the money due under this Contract without
2198 securing the written approval of the surety on the performance bond and providing at least
2199 thirty calendar days prior written notice to the Administrator of such assignment or pledge
2200 together with a copy of the surety's approval of such assignment or pledge: however,
2201 assignment or pledge shall not release the Contractor or its sureties from any obligations or
2202 liabilities arising under or because of this Contract.
2203 6.8.2 Assignment; Subcontracting; Delegation of Duties
2204
2205 The Contractor shall not assign or subcontract any of the services, facilities or equipment, or
2206 delegate any of its duties under this Contract without the prior written approval of the City.
2207
2208 When requested, approval by the City of a subcontract or assignment shall not be unreasonably
2209 withheld. In the event of an assignment, subcontracting or delegation of duties, the Contractor
2210 shall remain responsible for the full and fait_h~rl performance of this Contract and the assignee,
2211 subcontractor or other obligor shall also become responsible to the City for the satisfactory
2212 performance of the services, facilities or equipment assumed. The Administrator may condition
2213 approval upon the delivery by the assignee, subcontractor or other obligor of its covenant to the
2214 City to fully and faithfully complete the requirements or responsibility undertaken under this
2215 Contract.
2216
2217 6.9 Laws to Govern/Venue
2218
2219 This Contract shall be governed by the laws of the State of Washington both as to interpretation
2220 and performance. Venue shall be in Superior Court in the State of Washington for Kitsap
2221 County. The parties will consider mediation as a method of dispute resolution and participate
2222 in the process in good faith, however neither party shall be required to continue In mediation if
2223 they believe they are at impasse.
2224
2225 6.10 Compliance With Law
2226
2227 The Contractor, its officers, employees, agents and subcontractors shall comply with applicable
2228 federal, state, county, regional or local laws, statutes, rules, regulations or ordinances, including
2229 those of agencies having jurisdiction over the project, in performing its obligations under the
2230 Contract. Such compliance shall include abiding by all applicable federal state and local
2231 policies to ensure equal employment opportunity based on ability and fitness to all persons
City of Bremerton 46 September 2001
Solid Waste Collection Contract
2232 regardless of race, creed, color, national origin, religion, sex, physical handicaps or age. The
2233 Contractor shall comply with applicable laws pertaining to employment practices, employee
2234 ~reatment and public contracts.
2235
2236 Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the Washington
2237 Industrial Safety and Health Act of 1973 (WISHA), and standards and regulations issued under
2238 these Acts from time-to-time must be complied with, including ergonomic and repetitive
2239 motion requirements. The Contractor must indemnify and hold harmless the City from all
2240 damages assessed for the Contractor's failure to comply with the Acts and Standards issued
2241 thereunder. The Contractor is also responsible for meeting all pertinent local, state and federal
2242 health and environmental regulations and standards applying to the operation of the collection
2243 and processing systems used in the performance of this Contract.
2244
2245 The Contractor is specifically directed to observe all weight-related laws and regulations in the
2246 performance of these services, Including axle bridging and loading requirements.
2247
2248 6.11 Permits and Licenses
2249
2250 The Contractor and subcontractors shall secure a City of Bremerton business license and pay
2251 fees and taxes levied by the City. The Contractor shall have or obtain all permits and licenses
2252 necessary to provide the services herein at its sole expense.
2253
2254 The Contractor shall be solely responsible for all taxes, fees and charges incurred, includIng but
2255 not limited to license fees, business and occupation taxes, workers' compensation and
2256 unemployment benefits all federal, state, regional, county and local taxes and fees, Including
2257 income taxes, property taxes, permit fees, operating fees, surcharges of any kind that apply to
2258 any and all persons, facilities, property, income, equipment, materials, supplies or activities
2259 related to the Contractor's activities an d performance of services under this Contract.
2260
2261 6.12 Relationship of Parties
2262
2263 The City and Contractor intend that an independent City/Contractor relationship shall be
2264 created by this Contract. The implementation of services shall lie solely with the Contractor.
2265 No agent, employee, servant, or representative of the Contractor shall be deemed to be an
2266 employee, agent, servant or representative of the City.
2267
2268 6.13 Bankruptcy
2269
2270 It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or Involuntarily, then
2271 this Contract, at the option of the City, may be terminated effective on the day and at the time
2272 the bankruptcy petition is filed.
2273
2274 6.14 Right to Renegotiate/Amendment
2275
2276 The City shall retaIn the right to renegotiate this Contract or negotiate Contract amendments
2277 based on policy changes, state statutory changes or rule changes in County, state or federal
2278 reguiations regarding issues that materially modify the terms and conditions of the Contract.
2279 The City may also renegotiate this Contract should any state, County or City rate or fee
City of Bremerton 47 September 2001
Solid Waste Collection Contract
2280 associated with the Contract be held illegal or any increase thereof be rejected by voters. In
2281 addition, the Contractor agrees to renegotiate fairly with the City in the event the City wishes to
2282 add additional services to the Contract and to provide full disclosure of existing and proposed
2283 costs and operational impacts of any proposed changes.
2284
2285 This Contract may be amended, altered or modified only by a written amendment, alteration or
2286 modification, executed by authorized representatives of the City and the Contractor.
2287
2288 6.15 Force Majeure
2289
2290 Provided that the requirements of this Section are met, Contractor shall not be deemed to be in
2291 default and shall not be Liable for failure to perform under this Contract if Contractor's
2292 performance is prevented or delayed by acts of God including landslides, lightning, forest fires,
2293 storms, floods, freezing and earthquakes, civil disturbances, acts of the public enemy, wars,
2294 blockades, public riots, breakage, explosions, accident to machinery, equipment or materials,
2295 unavailability of required materials, governmental restraint or other causes, whether of the kind
2296 enumerated or otherwise, which are not reasonably within the control of the Contractor ("Force
2297 Majeure' '). If as a result of a Force Majeure event, Contractor is unable wholly or partially to
2298 meet its obligations under this Contract, it shall give the Administrator promptly written notice
2299 of the Force Majeure event, describing it in reasonable detail. The Contractor's obLigations
2300 under this Contract shall be suspended, but only with respect to the particular component of
2301 obligations affected by the Force Majeure and only for the period during which the Force
2302 Majeure exists.
2303
2304 6.16 Costs and Attorney's Fees
2305
2306 If a legal action is instituted by reason of any default or breach on the part of either party in the
2307 performance of any of the terms or conditions of this Contract, the prevailing party shall be
2308 entitled to an award of its costs, expenses and attorney's fees in connection therewith.
2309
2310 6.17 Illegal Provisions
2311
2312 If any provision of this Contact shall be declared illegal, void, or unenforceable, the other
2313 provisions shall not be affected, but shall remain in full force and effect.
2314
2315 6.18 Waiver
2316
2317 No waiver of any right or obLigation of either party hereto shall be effective unless in writing,
2318 specifying such waiver, executed by the party against whom such waiver is sought to be
2319 enforced. A waiver by either party of any of its rights under this Contract on any occasion shall
2320 not be a bar to the exercise of the same right on any subsequent occasion or of any other right at
2321 any time.
2322
2323 6.19 Entirety
2324
2325 This Contract and the attachments hereto and incorporated herein by this reference, specifically
2326 Attachments A-C, represent the entire agreement of the City and the Contractor with respect to
City of Bremerton 48 September 2001
Solid Waste Collection Contract
2327 the services, facilities and equipment to be provide under this Contract. No prior written or
2328 oral statement or proposal shall alter any term or provision of this Contract.
2329
2330 WITNESS THE EXECUTION HEREOF on the day and year first herein above written.
2331
2332
2333 Rabanco, Ltd. CITY OF BREMERTON
2334
2336 Mayor~ynn Horton
2337 Its: ~(,-4~ ~,'~-~/~ ~,'~7'"
2338
2339 Responsible Depall~'Lent:
2341
2342 Kathleen L. McCluskey
2343 Administrati/v~v//~s Director
2345 Appr~ov
2346
2347
2348 i , ttor ev
2349
2350
City of Bremerton 49 September 2001
Solid Waste Collection Contract
2350 Attachments:
2351
2352 A: City Service Area
2353 B: Customer Charges
2354 C: Rate Modification Examples
city of Bremerton 50 September 2001
Solid Waste Collection Contract
A_~B
~E~ ~ C~n D~I ~ice
· C~ Un~ F~ F~ F~
~ ~ - Cu~ Svc
W~ ~:
I 10~. ~ 7.3 ~.71 0.9~ 5.65
1 ~ ~ 14.6 6,03 1,88
1~.~ 23.4 8.28 3.02 11,30
2~ ~ ~1 ~. ~ ~.8 10.3~ 6.0~ 16,~8r
3~L ~1 ~. ~n 70.2 12,~1~ 9.06 21,~7~
I "~' ~ ~ ~ m ~uba~m (ea.) 11.7 3.25~ 0,35 3,60~
Y~ ~ ~: ~ 7 50
~ ~, ~ J 87 1.33 ~. 17 . ,
~ ~ C~ (~) ~ 2.75 3.~;
J ~~C~ ~mB ~7 0.~ 7.~
--T~ ~~ 7.35
~ e.~
O~1 ~ ~ ~:
~ (~m~) 1~ ~.~ 15.~
~~r ~ ~.~ ~.~ 70.00
~ ~ ~.~ 11.gl 81.91
~ ~ ~ ~ 25 ~.~ 0.74 50.74
~: ~ T~ ~ 25.~ 0.8g 25.89
~T~ 1~ ~.~ 2.~
~ ~ ~ or ~ ~ 2~.~ 1.49 28.4g
J ~, ~ ~ ya~ 125 ~.~ 3.75 53.75
iT~ ~W~:
T~p, 1,~ YI~ ~i~r 14,74 5.M 20,32
D~ ~a 1
~ F~ 26.~
T~p. 2 YaM ~r 26,31
Da~ ~ 1
~ ~ 26.50
T~. 3 Y~ ~i~ 375 25.37 ~1.~7
T~. 4 Y~ ~i~ ~ ~.81 14.8~ 47.70
~ F~ 26~
T~p. 6 Ya~ ~i~r 67.52
~ F~ 26.50
T~p. 1~ Ya~ ~er (de~l~n) 1,~7.10'
~ ~m 25.~
~m T~ ~ ~1~ 120.~
~ and Ya~ ~$ Service Fees
Pounds i (Monthly) I (,onthP/) Totl,
SERVICE Per ! I Co#ectJon D~s~o~al Service
CI.AS~ Unit FN Fie Fee
iMultlbmlly Can~ & Carts I
'WeekJy Seev~ [1] ,
1 20 GM. AMnican ';4.5 4.85 1.88 ~
1 32 Gad. Can 23.4 8.83 3.02 9.85
1 64 Gal. Ca~l 46.8 17.26: 6.04 23.:30
I 96 Gal. Cart ?0.2 25.89 9.06 1
"E. Wa' 32 Gal. CarVnag ea. 11.7 2.~8 1.81 3.89
RMum TrJp 7.35
Cany-Out Service (per can) 1.80
Roll-Out Container 2.20
Disconnect H~mulica 10.00
Unl~ Container 10.00
Steam Clea~i~g (per ~.) 3.00
1 Cu. Yd. Uneem _pec~,,d__ _
1 Pickul~lNee~Co~Winer 125 56.36 16.13 72.49
2 Pic~upe/Week/Container 250 96.68 32.27 [ 128.90
$ Pic~ul~Wee~JContainer 375 130.90 48.40 I 185.30
4 Pl~ul~/WeetdContainer 500 177.17 64.53I 241.70
5 Pic~up~,~Container 625 217.43 80.67 [ 298.10
1.5 Cu. Yd. Um~pacted
1 Pi~up~Co~ainer 188 52.58 24.26 76.84
2 Pic~ul~lNeel~.,o~tainer 376 82.50 48.53 131.03
3 Pi~upa/Weel~.~tai~er 564 118.67 72.79 186.46
4 Picl~pa/Week/Contai~er 752 144,84 97.06 241.90
5 Pi~k, ul~ek/Container 940 176.01 121.32 297.33
2 Cu. Yd. Um:x~mpact~l
1 Pic~up/Weel'JContainer 250 65.97 82.27 98~24
2 Ptc~upa~lNeek/Co~ainer 500 108.65 64.53 168.18
3 Pict~l~ek/Co~tainer 750 141.32 96.80 2~8.12
4 Pic~Jpa~/eek/Container 1,000 178.98 129.07 308.05
5 Pickul~lNeeldContainer 1,250 216.86 161.33 377~99
1 Pic~Jzl~NeeldContainer 375 80.13 48.40 128.53
2 Pickupe/Week/Container 750 122.32 96.80 219.12
3 PIc~psNVeek/C~iner 1,125 i 164.60 145.20 309.80
4 Pi~u~iner 1,500 I 206.82 193.60 400.42
5 Picimp~Neek/Container 1,875 2~6A2 242.00 478.42
4 Cu. Yd. Uncempacte~
1 Pickul~Neek/Containe r 500 87.91 64.53 152.44
2 Pl~/Week/Container 1,060 131.58 129.07 260.65
3 Pickup~lNeek/Container 1,500 ' 171.98 193.60 ~65.58
4 Ptcimp~Nee~ainer 2,000 212.61 258.13, 470.74
5 PIc~ups/Week/Co~ainer 2,500 240.52 322.67 563.19
6 CU. Yd. Unc~mpact~l
I Pickup/Week/~ontain er 750 109.73 96.80 206.53
2 Pickups/WeetdCo~ainer 1,500 156.29 193.60 349.89
$ PIckt,'p~/Week/Container 2,250 202.87 290.40 493.27
4 Pickups/Week/Container 3,000 248.96 387.20 636.16
5 Pic~ul~lNeek/Container 3,750 274.00 484.00 758.00
Gart:~e and Yawl ~ Semite Fee~
pounc~ (~) (~) T~
SE~ ~ ~on D~
C~ Un~ F~ F~ F~
Bulb U~
8 Cu. Yd. U~
I ~u~i~r 1,~ ~ 139.41 129.07 ~.~
2 ~~i~ 2,~ ~ 1~.59 2~.13 453.~
3 ~~i~ 3,~ ~ 251.75 ~7.20 ~8.95
4 ~i~r 4,~ ~ ~7.91 516.27 824.18
5 ~~ 5,~ [ ~.~ ~.~ 1,~9.42
I Cu. Yd. ~r ~ ~.75 ~.~ 95.28
1.5 ~. Yd. ~r ~ 33.14
2 Cu. Yd. ~r 875 27.41 1~2.93 ~40.~
3 Cu. Yd. ~r 1313 ~,~ 1~.47 218.24
4 Cu. Yd. ~r 17~ 70.27 ~5.87 2~.14
6 Cu. Yd. ~ ~5 ~,61 3~.~ 425,41
~ U~ ~ub~ Ya~up 125 6,28 3.~ ~0.~
1 ~ ~ ~ GaL ~ EoW~on ~.5 5.42
1 32 galen ~ ~ 1.89 2.85
1 2 ~ ~ ~n~iner. ~ 4~ 393.~ . 4~.27
1 ~ ~b~ ~ 6.28 4.25 ~ 10.53
I,ound~ (Mommy) (Monthly)
, SERVICE Per Cogidlon OMpoIM
CI..A~ Un~ FN FN FN
1 ~ M. ~n 14.6 4.35 I.M 6.23
1 ~M. ~ 23.4 6.10 3.~ 9.12
I ~ M. ~ 70,2 23.~ 9.~ 32.~
~" ~ ~. Ca~ ~. 11.7 2.~ 1.51 3.~
~ T~ 7.35
C~ ~ ~ ~n) 1
R~ 11.55
R~ ~r 2.20
Un~ ~r 10.~
I~ U~ Coml~m
1Cu. Yd.~
1 P~u~i~ 125 ~.~ 16.13 67.12
2 ~~~r 2~ 87.M ~.27 1
3 P~~r 375 123.17 ~.~ 171.57
4 ~~iner ~ 1~,27 ~,~ ~3.80
5 P~~i~r ~5 1~.~ ~.67 276.02
1,5 Cu, Yd, ~
1 P~~i~r 1M M.~ 24.~ 71,15
2 P~ ~M Tm~ 376 ~.~ M.~ 121.32
3 P~ W Tm~ ~ ~,M ~.~ 172,~
4P~ ~ ~ ~ ~Wh~ 752 1~,~ 97.~ ~3,98
5 ~~i~r ~ 1~.~ 121.32 275.31
2 Cu. Yd. U~
2 P~M~i~r ~ 91,19 ~.~
3 P~~i~r 7~ 123.M ~.~
4 P~~i~r 1,~ t~,16 129.07 285.23
5 ~~r 1 ,~ IM.M 161 .~
3 Cu. Yd. ~
I ~~i~r 375 70.61 ~.~ 119,01'
2 ~u~n~Mr 7~ 1~.~ ~.~ 202,89
3 P~MM~r 1,125 141.~ 145.20 2~.85
4 P~~i~r 1,~ 1~.16 193.~ 370.76
5 P~u~i~r 1,875 ~.~ 242.~ ~2.~
4 Cu. Yd. U~
1 P~~r ~;, 76.62 ~,~ 141.15
2 ~u~l~ 1,~ 112.27 1~.07 241.~
3 ~~nWMr 1,~ 1~,~ 193.~ 338,~
4 P~~i~r 2,~ 1~.74 2~.13 435.87
5 P~u~i~r 2,~ 196.80 3~.67 521.47
6 Cu. Yd. U~
1 P~~~r 7~ ~.~ ~.~ 191.23
2 P~~M 1,~ 1~.37 193.~ 323.97
3 P~~i~r 2,2~ 1 ~.~ 2~.~ 4~.73
4 P~~i~r 3,~ 201.~ 387.20 589.~
5 P~u~0n~i~; r 3,7~ 217.~ ~.~ 701.85
CITY OF BRI~IF_.RTON
~ Garbage a~l Yard Dalods Selv~ce Fees
;S~E I PO~lld8 [ (Mollthly) I (MooSdy) T~I
Per Co#octJofl Dl~pesal Service
CI.AS8 Unit
C~mme~ Uneoml~;t~d Co~ainem
1 ~er 1,000; 119.52 129.07 248.59
2 I:~kul~Neel~Coatalner 2000 161.98 258.13 420.11
3 ~er 31(X)0 I 204.42 387.20 591.62
4 ~~er 4.000
5 Pfl~eel~7~3.'~iner 5,000 289.31 645.34 934.65
I Cu. Yd. Container 438 31.69 56.53 88.22
1,5 Cu. Yd. C,~tainer 656 24.41 84.67 109.08
2 Cu. Yd. Cordair~ 875 17.01 112.93 129.94
3 Cu. Yd. C,,o~lelner 1313 32.60 169.47 20207
4 Cu. Yd. Contains' 1750 48.33 225.87 274.20
6 Cu. Yd. Cuntaiae¢ 2625 55.10 338.80 393.90
E.x~a Uncompacted Cubic Yard/Pickup
C-,mnlttemi~ Yard Del~
I Basic Service (96 gal. Cart. EoW/Mon) 33.5 5.42 3.08 8.50
132 gMon extra 45 1.89 0.96 2.85
I 2 cubic yard container, weekly 400 393.44 36.83 430.27
I extra cubic yard 200 6.28 4.25 10.53
~a,y (moONy)
SERVICE C~ttaln~' Con~lner Charge
iCI-AS~ Rental R~ttal per Haul
~Commer~l Droe-lx= Collection
' No~ceml~etad ~er~=e ~ 79.50
110 Cu. Yd. ~ 1.00 30.00 I 79.50
115 Cu. Yd. Corttalaer 1.00 30.00 i 79.50
120 Cu. Yd. Contaiaer i .3340.0040.00
125 Cu. Yd. Contai~r 1.33 84.00
130 Cu. Yd. Container 1.67 50.00 I 84.00
140 Cu. Yd. Container 1.67 50.00 100.40
110 CU. Yd. Cofltalner
115Cu. Yd. Containe~ n/a n/a 100.00
120 Cu, Yd. Contala~ n/a n/a 116.75
125 Cu. Yd. Container n/a n/a 120.00
130 Cu. Yd; Contalr~
140 Cu. Yd. Contalaer n/a n/a 164.80
Drop-box (l'emp)
110 Cu. Yd. Container 3.50 n/a 89.50
115 Cu. Yd. Container 3.50 n/a 89.50
120 Cu. Yd. Container 4.00 n/a 89.50
125 Cu. Yd. Cofltalner 4.50 n/a 94.00
130 Cu. Yd. Container 5.00 n/a 94.00
140 Cu. Yd. Container
crT'Y OF BREMERTON
G~¢~ll and Yard D~bfi$ Sen4ce Fees
SERVICE Se~lce
Addltimlll Sm'vices
Fo~ Ha~Jl~ to O~fler Sites
Ch~ge Per M#e 1.60
Return T~I~ 50.00
;So~l Dm~-~ox ~ Cha~ge (l~r month) 15.00
i Steam Cleaning (per ~1.) 3.00
Stand-B~ Time (per minute) 1.25
[Rear/Side ~ Pack~' & D~ver 72.00
IFront ~ Pa~k~ & Dm~r 72.00
IDmp B~x Truck & Driver 72.00
IAdditt~tal Labor (~per ~erson) ~5.00
Attachment C
Rate Modification .amples
The collection and disposal components of the contractor charges listed in Attachment B will be
adjusted separately, as appropriate. The collec~on component of customer charges will be adjusted
annually, pursuant to this section and as described below. The disposal component of the customer
charges listed in Attachment B will be adjusted only if the City receives notification from the Cotmty
of a pending disposal fee adjustment, and will not become effective until the new disposal charges
become effective and are actually charged to the Contractor. Formulas for both collection and
disposal rate adjustmenl~ are provided as follows:
Collection Component Adjustment
The collection component listed in Attachment B will be increased or decreased by the amount of the
NCC = PCC x (1 + (((nC'PI - oCPI)/oCPI) x .6))
Where NCC = The new collection charge component of the customer rate for a
particular service level; and
PCC = The previous collection charge component of the customer rate for a
particular service level; and
nCPI = The most recent July CPI value; and
oCPI = The CPI value used for the previous rate adjustment or, in the case of the
first contract adjustment, the CPI value reported for July, 2002.
Disposal Component Adjustment
In the case of a disposal fee modification at Cotmty disposal facilities, the disposal component of
each service level will be adjusted as follows:
Step 1:
A= ODC x N'I~
Step 2:
NDC = A + ((A-ODC) x Current Excise Tax Rate)
Where NDC = The new disposal charge component of the customer rate for a
particular service level; and
Attachment C C-1 June, 2001
N3~ = The new disposal fee, dollars per ton; and
ODC = The old disposal charge component of the customer rate for a
particulax service level; and
OTF = The old disposal fee, dollars per ton; and
A = Pre-excise tax adjusted disposal component
Current Excise Tax Rate = the current State excise tax (0.015 in 2001)
For example, if the previous CPI is 143.2, the new CPI is 144.3 and the disposal fee will increase from
$80 to $90 per ton starting on January 1, 2003, the old disposal component is $5.35, the old collection
component is $13.04, and the State Excise Tax rate is 0.015, the 2003 customer charge for one can per
week residential curbside service would be:
New Collection Component = $13.04 x 1 + (144.3 - 143.2) x 0.6 = $13.10 143.2
New Disposal Component = (5.35 x (90/80)) plus excise tax adjustment of $0.01 = $6.02
Thus, the new customer charge for one can per week residential curbside service will be $13.10
collection fee plus $6.02 disposal fee, equaling $19.13.
City Fee Adjustment
The City fee will be adjusted in a siroil~r format to the collection component adjustment described above:
NCF = PCF x (1 + (((nCPI - oCPI)/oCPI) x.6))
Where NCF = The amount of the new City fee;
PCF = The amount of the previous year's City fee or, in the case of the first contract
adjustment, $100,000;
nCPI = The most recent July CPI value; and
oCPI = The CPI value used for the previous rate adjustment or, in the case of the first
contract adjushnent, the CPI value reported for July, 2002.
Attachment C C-2 June, 2001