Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
4454
Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4454 WASTE MANAGEMENT Garbage Recyclables & Yard Debris Collection PW Admin LEG 12-1 09/01/2004 12/31/2010 06/01/2010 Transfer from Rabanco (#4212) Option Notice by 6/30 year prior to term end Contract Extension 9/05 Contract Modification 5/06 & 11/07 (final extension) I is � ' ' + s ' �� i • Ali 3 k It F f !') ) N PUBLIC WORKS & UTILITIES ` # Te 232 :Mk Administration =3 ` `z � 8 ' , November 28, 2007 Mr. Terry Bickel District Supervisor Waste Management 9300 SW Barney White Road Port Orchard, WA 98367 Re: CONTRACT EXTENSION Dear Mr. Bickel: The contract originally with Rabanco, Ltd, currently with Waste Management, is extended for a period of two years, per section 1 of the contract with the below listed administrative changes. This is the final extension of the current contract which will expire on December 31, 2010. • Section 2.2.8 - The definition of free service to City facilities will be for garbage and recyclables. Garbage and recyclables does not include dirt, demolition debris, concrete and stumps. • Make the following changes to City facilities: Delete "Public Safety Building" Police Department — Delete 4846 Auto Center Way Police Department — Add 1025 Burwell Street Add Bremerton Municipal Court at 900 Pacific Avenue As this is the final extension of the current contract, work should begin on wording and specifications for a new contract to be effective upon expiration of the current one. As you have requested, the City will examine the feasibility of assuming billing responsibility as well as raising the annual CPI calculation. This determination will be made by the City's Finance Director. All other provisions of the current contract remain in effect as written. If there are any questions regarding the contents of this letter, please direct them to my Administrative Manager, Paul Lucas, at 473 -2328. Sinc - rely, Phil Williams Director of Public Works & Utilities C: Mayor Cary Bozeman Roger Lubovich, City Attorney Laura Lyon, Director of Financial Services Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments Contract Number 4454 WASTE MANAGEMENT Garbage Recyclables & Yard Debris Collection PW Admin SVC File Class LEG 12-1 $ 09/01/2004 12/31/2008 06/01/2007 GL AL E&O $6000000.00 $ $ Insurance Total Insurance Review Date $6000000.00 01/01//2007 Transfer from Rabanco (#4212) Option Notice by 6/30 year prior to term end Contract Extension 9/05 Contract Modification 5/06 CONTRACT MODIFICATION BETWEEN THE CITY OF BREMERTON AND WASTE MANAGEMENT OF WASHINGTON. INC. PROJECT: Biosolids Collection and Delivery DATE: 'rrr It; , 2006 This contract modification agreement specifically amends the contract entered into between the City of Bremerton and Rabanco, Ltd, as assigned to Waste Management of Washington, Inc. on June 14, 2004 by Breplerton City Council Resolution No. 2930 and as amended by Bremerton City Council Resolution 2936 on August 14, 2004. Said contract is , subject to the following amendments, which are attached hereto and incorporated as if fully set forth herein: 1. January 4, 2002 amendment signed by Steve Caputo, General Manager on March 11, 2002; 2. July 9, 2002 amendment signed by Steve Caputo, General Manager on July 19,2002; and 3. September 26,2005 setting forth various administrative contract changes. All provisions in the C6ntract shall remain in full force and effect except as previously amended and as amended herein. I Section 2.2.8 of the Contract is modified as follows: 2.2.8 Service to City Facilities The Contractor shall provide weekly Garbage collection for street litter receptacles (including the provision, removal and replacement of plastic bags to line the receptacles) within the City Service Area and weekly Garbage and Source-separated Recyclables collection to all City- owned municipal facilities without charge except for the collection of biosolids from the City's Wastewater Treatment Plant and delivery of such to the City's biosolids application area. The City will reimburse Waste Management for the rental of collection boxes at $52.25 per box per month and $87.78 for each trip in a total annual amount not to exceed $55,000. Those facilities include, but are not limited to the following: Facility Public Safety Building Fire Station # 1 Fire Station #2 Fire Station #3 Police Department Police Department Library Bremerton Naval Museum Address 239 4th Street 911 Park Avenue 5005 Kitsap Way 3031 Olympus Drive 4846 Auto Center Way 3029 Olympus Drive 610 5th Street 4th and Pacific lof3 Facility Public Works Operations Complex Pendergast Park Lions Ball Field Sheridan Park Recreatton Center Waterfront Boardwalk Jarstad Aquatic Center Evergreen Park Senior Center Public Works and Utilities Forestry Division Jarstad Park Wastewater Treatment Plant Gold Mountain Golf Course Address 100 Oyster Way Union Avenue Lebo Boulevard 680 Lebo Boulevard W ashington Avenue 50 Magnuson Way Park Avenue 1140 Nipsic 3027 Olympus Drive Old Belfair Highway Old Belfair Highway 1600 Oyster Bay Old Belfair Highway In addition, the Contractor shall furnish, haul and compost eight 30 (thirty) cubic yard Dropbox Container loads of Yard Debris from City spring clean-up activities each year without additional compensation for hauling costs for Yard Debris processing facility tipping fees. II Waste Management accepts all requirements of this Contract Modification by endorsing below. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Waste Management warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. Director of Public Works & Utilities: Approved to proces ('2JJ)1/ ~te WASTE MANAGEMENT ~ '~/AiJ~ By / 1!;f:; ~r::.. / Its 'D,~f.r: L {. MrJ/l . Date: 0/-..) 1 - t:J b ~OF By Cary ozeman Its Mayor Date: J:-/Sr /16 20f3 APPROVED AS TO FORM: 30f3 PUBLIC WORKS & UTIl_ITIES Administration , ,,' Tel360-473"5315., Fix 360~73,~~ 8. ..' 3027 otYmptisDrive Bremertori, WA'~10 September 26, 2005 Mr. Terry Bickel District Supervisor Waste Management 9300 SW Barney White Road Port Orchard, W A 98367 Re: Contract Extension Dear Mr. Bickel: The contract originally with Rabanco, Ltd, currently with Waste Management, is extended for a period of two years per Section 1 of the contract with the following administrative changes: . Page 1, Definitions - Change Administrator to read as follows: The word "Administrator" means the official of the City holding the office of Director of Public Works & Utilities, or their designated representative. . Page 2, Definitions - Change Contractor to read as follows: The word "Contractor" means Waste Management (Brem-Air), which has contracted with the City to collect and dispose of Garbage and to collect, process, market and transport Source-separated Recyclables and Yard Debris. . Section 2.2.8 - Service to City Facilities. Make the following changes to City facilities: City Hall - Change to "Public Safety Building" Fire Station 1 - Change address to 911 Park Avenue Fire Station 3 - Change address to 3031 Olympus Drive Building and Planning Department - Delete Police Department - Change 3001 6th Street to 3029 Olym~us Drive Bremerton Naval Museum - Change 130 Washington to 4 and Pacific Public Works - Change to Public Works Operations Complex at 100 Oyster Bay Add: Norm Dicks Government Center at 345 6th Street . Section 5 - Notices. To City: Change as follows: City of Bremerton Department ofPubJic Works & Utilities Attn: Administrative Manager 3027 Olympus Drive Bremerton, W A 98310-4799 (360) 473-2328 To Contractor: Waste Management (Brem-Air) Terry Bickel 9300 SW Barney \Vhite Road Port Orchard, W A 98367 (360) 415-2751 All other provisions of the current contract remain as written. During the period of this extension, both the City and the, Contractor will work together to determine the feasibility of the City assuming the billing responsibility for solid waste and for the Contractor to provide cart service for all customers. Should you have any questions regarding the contents of this letter, please refer them to my Administrative Manager, Paul Lucas, at 473-2328. ~~ Phil Williams Director of Public Works & Utilities C: Mayor Carey Bozeman Roger Lubovich, City Attorney Laura Lyons, Director of Financial Services +--------------------------------------------------------------------------+ '.Press Esc Key to Insert new record, Ctrl-Z to Clear form + '.Press Del Key to Terminate Insert Mode + . - INSERT Contract Maintenance I Contract Number 4454 "Vendor Name "Subj ect , 'Department '.Status Code WASTE MANAGEMENT GARBAGE RECYCLABLES & YARD DEBRIS COLLECTION ADMIN SVCS SVC Insurance Type Amount Press Fl for GL $6000000.00 . - valid insurance type codes Amount Begin Date End Date Review Date 09/01/2004 12/31/2006 09/01/2006 Insurance Total Insurance Review Date $6000000.00 ',' 01/01/2005 .J. Comments TRANSFER FROM RABANCO (#4212) RESOLUTIONS 2930 & 2936 T +--------------------------------------------------------------------------+ RESOLUTION NO. A RESOLUTION of the City Council of the City of Bremerton, Washington, amending Resolution No. 2930 relating to the assignment and conveyance of the Comprehensive Garbage, Recyclables and Yard Debris Collection Contract from Raban¢o, LTD to Waste Management of Washington Inc. WHEREAS, the City Council, in Resolution No. 2930, approved the assignment of the City's Comprehensive Garbage, Rccyclables, and Yard Debris Collection Contract from Rabanco, LTD, ("Rabanco") to Waste Management of Washington, Inc.; and WHEREAS, Rabanco and Waste Management of Washington Inc. ("Waste Management") desire to extend the effective date of the assignment from August 1, 2004 to September 1, 2004; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION1. Section 2 of Resolution No. 2930 entitled "Effective Date" is amended to state: The Assignment effective date will be September 1, 2004. SECTION2. Severabilitv. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. PASSED by the City Council of the City of Bremerton, Washington this ]~t.~j day of ~__., 2004. - DAREN NYGREN, Cou0cil'~resident A. LUBOVICH, C~ty Attorney lfAI~A-J~)/~S'~6~, c~y Clerk R:\LEOAL~Resolutions~rabanco wasternanagement garbage assignment-amendment,DOC 1 Waste Management/lssignment ACCEPTANCE Director of Financial Services City of Bremerton 239 Fourth Street Bremerton, Washington 98337 This is to advise the City of Bremerton, Waste Management of Washington Inc. hereby accepts the terms and conditions of Resolution No. 2930, passed by the City Council on June 14, 2004, as amended by Resolution No. 2936, passed by the City Council on August 18, 2004, consenting to assignment and conveyance of the Comprehensive Garbage, Recyclables and Yard Debris Contract from Rabanco Ltd., and Waste Management of Washington Inc. agreeing to be subject to the same terms and conditions of the current contract through December 31, 2006. WA~T~ ~EMENT OF WASHINGTON 1NC. Title: '0 {~..OrS_'~ ~Ti-- ~J . , )SS COUNTY OF q'~J')~h 0)~ ) This Acceptance was acknowledged before me on the 97 day of (~/x ,c~44~, 200~, by ~ ~)3~ L ~)~B~m as ~ 6~ ~ ,~ duly au~orized rep~sentative of [~)f~.r~ '~ ~ f~ No~ ~blic for~e State of ~~ My Co~ission Expires: /d- ~ -~ ~ Q PUBLIC ~ RESOLUTION NO. ~ q 30 A RESOLUTION of the City Council of the City of Bremerton, Washington, approving the proposed assignment and conveyance of the Comprehensive Garbage, Recyclables and Yard Debris Collection Contract from Rabanco, LTD to Waste Management of Washington Inc. WHEREAS, Rabanco, LTD, ("Rabanco") currently manages by contract the City's Comprehensive Garbage, Rccyclables, and Yard Debris Collection Contract (the "Contract"); and WHEREAS, Rabanco and Waste Management of Washington Inc. ("Waste Management") have completed negotiations whereby Rabanco intends to assign its contractual responsibilities to Waste Management; and WHEREAS, Section 6.8.2 of the Contract requires the City to approve any such assignment; and WHEREAS, Waste Management desires to accept the assignment from Rabanco and continue to provide comprehensive garbage, recyclables, and debris collection under the same terms and conditions through December 31, 2006, the term of the current contract; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHiNGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION L The City hereby consents to the assignment and conveyance of the Contract from Rabanco to Waste Management under the same terms and conditions of the current contract and Waste Management accepts the assignment under the same terms and conditions of the current contract pursuant to the acceptance document as depicted in Exhibit A. SECTION2. Effective Date. The Assignment effective date will be August 1, 2004. SECTION3. Severabilitv. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. m ED by the City Council of the City of Bremerton, Washington this/~6L~ day of ,200~ . DAI~EN NYGREN, Co~c[~ President 1 Waste Management Assignment RO'GEI~ A. LUBOVICH, City A~ R:\LEGAL~,esolutionsh-abanco wastemanagerfient garbage assignment. DOC~ml~J-c/~t ~J~T~OI~' (~i-ty Clerk 2 Waste Management Assignment EXHIBIT A ACCEPTANCE Director of Financial Services City of Bremerton 239 Fourth Street Bremerton, Washington 98337 This is to advise the City of Bremerton, Waste Management of Washington Inc. hereby accepts the terms and conditions of Resolution No. 2930, passed by the City Council on June 14, 2004, consenting to assignment and conveyance of the Comprehensive Garbage, Recyclabtes and Yard Debris Contract from Rabanco Ltd., and Waste Management of Washington Inc. agreeing to be subject to the same terms and conditions of the current contract through December 31, 2006. WASTE MANAGEMENT OF WASHINGTON INC. By: Title: Date: STATE OF )ss COUNTY OF ) This Acceptance was acknowledged before me on the __ day of ,20__, by as , a duly authorized representative of Notary Public for the State of My Commission Expires: 3 Waste Management Assignment 1 2 3 4 5 6 7 Comprehensive Garbage, Recyclables and Yard Debris s Collection Contract 9 10 11 12 13 14 15 16 17 18 19 20 2~ City of Bremerton 22 And 23 Rabanco, Ltd. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 January 1, 2002 - December 31, 2006 40 41 Comprehensive Garbage, Recyclables and Yard Debris Collection Contract 42 43 Table of Contents 44 45 46 RECITALS ................................................................................................................................................................. 1 47 DEFINITION'S ........................................................................................................................................................... 1 48 1. TERM OF CONTRACT ....................................................................................................................................... 6 49 2. SCOPE OF WORK .....; ......................................................................................................................................... 6 50 2.1 GENERAL COLLECTION SYSTEM REQUIREMENTS ....................................................................................... 6 51 2. ]. ! Service Area .............................................................................................................................................. 6 52 2.1.2 Additions to Service Area/Annexation ................. ; ................................................................................... 6 53 2.1.3 Unimproved Alleys/Private Roads or Drives ........................................................................................... 7 54 2. [.4 Hours/Days of Operation .......................................................................................................................... 7 55 2. [.5 Employee Conduct .................................................................................................................................. 8 56 2~ 1.6 Disabled Service ........................................................................................................................................ 8 57 2. I. 7 Holiday' Schedules ..................................................................................................................................... 8 58 2.1.8 Inclement Weather ..................................................................................................................................... 9 59 2. [. 9 Suspending Collection From Problem Customers .................................................................................... 9 60 2.1 10 Missed Collections ................................................................................................................................ lO 61 2. l, l I Same Day Collection/Co-Collection ...................................................................................................... l 0 62 2. l. 12 Requirement to Recycle and Compost .................................................................................................... lO 63 2. I. 13 Routing, Notification and Approval ....................................................................................................... l I 64 2.1~ [ 4 Equipment Age/Condition ................................................................................................................. 1 l 65 2.1.15 Container Requirements and Ownership ............................................................................................ 13 66 2.1.15.1 Small Containers ............................................................................................................................................ 13 67 2.1.I5.2 Carts .................................................................................................................................................................. 13 68 2.1.15.3 Detachable and Drop-box Containers .............................................................................................................. 14 69 2. I. 15.4 Recycling Carts ................................................................................................................................................ 14 70 2. I. 15.5 Ownership ......................................................................................................................................................... 15 71 2 1.16 Spillage ............................................................................................................................. ' .................... 15 72 2.1.17 Pilot Programs ..................................................................................................................................... 15 73 2.1.18 Disruption Due to Construction ............................................................................................................. 16 74 2.1..19 Contractor Planning Assistance ............................................................................................................ 16 75 2, i. 20 Safeguarding Public and Private Facilities ........................................................................................... 16 76 2.1.2[ Company Name ...................................................................................................................................... ]6 77 2. [.22 Transition From Previous Contractor .................................................................................................. ] 6 78 2.2 COLLECTION SERVICES ................................................................................................................................ 18 79 2.2. l Single Family Residential Garbage Collection ..................................................................................... 18 80 2.2.1.1 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 ...................................................................................... ]9 84 2.2.2.! 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 ............................................................................................................................ 2 l 88 2.2.3,1 Subject Materials ................................................................................................................................................. 21 89 2.2.3.2 Containers ......................................................................................................................................................... 21 90 2,2.3.3 Specific Collection Requirements ...................................................................................................................... 22 91 City of Bremerton i September 2001 Solid Waste Collection Contract 91 Comprehensive Garbage, Recyclables and Yard Debris Collection Contract 92 93 Table of Contents 94 95 2.2.4 Multifatnily and Commercial Garbage Collectio~ .. . ................... 22 96 2.2.4 Subject Materials. ,~,> 98 2.2.4.3 Specific Collection Requirements ...................................................................................................................... 23 99 2.2.5 Multifamily Recycling Collection ..... . .............. 23 100 2.2.5.1 Subject Materials .................................................................. . '~3 101 - .... 5._ Containers .........................................................................................................,~ 102 2.2.5.3 Specific Co ect on Requ rements .................................... ;] 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 .......................................................................................................................... 25 109 2.2.9 Service Suspension for Customer Absence ............................................... . ...... 25 110 2.3 MANAGEMENT ............................................................................................................................................... 26 1tl 2.3.1 Responsibili~ of Participants ...................................................................................................... 26 112 2.3.1.1 Contractor s Responsibilities .......................................................................................................................... 26 113 2.3.1.2 City's Respons b tes ................................................................................................................................... 27 114 2.3.2 Customer Service ..... 98 115 2.3.2. I Location of Customer Service Office .................................................................................................................. 28 116 2.3.2.2 Customer Service Requirements ..................................................................................................................... 28 117 2.3.3 Customer Billing Responsibilities ........................................................................................................ 30 118 2.3.4 Reporting ..... . ........ 3l 120 2.3.4.2 Annual Reports ................................................................................................................................................... 32 121 2.3.4.3 Ad Hoc Reports .................................................................................................................................................. 32 122 2.3:5 Promotion and Education ........................................................................................................................ 32 123 23.6 Mandatory Collection Enforcement .................................................. . ................ 33 124 2.3.7 Field Monitoring. 34 125 2.3.8 Transition to Next Cona'actor ................................................................................................................. 34 126 3. COMPENSATION .............................................................................................................................................. 34 127 3. I COMPENSATION TO THE CONTRACTOR ........... . ............ , .................... 34 128 3.2 COMPENSATION TO THE CITY ...................................................................................................................... 35 129 3.3 COMPENSATION ADJUSTIVlENTS ............................................................... 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 ~f Contents 143 144 6.5 INSURANCE .................................................................................................................................................... 43 145 6.5. I 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 CONTKACT ........................................................................................................................ 46 152 6.8.1 Assignment or Pledge of Money by the Contractor ................................................................................. 46 153 6. 8.2 Assignment; Subcontracting; Delegation of Duties ................................................................................. 46 154 6.9 LAWS TO GOVEKN/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 RENEGOTIATE/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 fierein 187 contained, the City of Bremerton and Rabanco, Ltd. do hereby agree as follows: 188 189 190 DEFINITIONS 191 192 Administrative Fee: The term "A dministrative Fee' ' means a monthly fee remitted to the 193 City from the Contractor. 194 195 Administrator: The word "A dministrator' ' 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 pttrsuant to State Law. 215 City of Bremerton 1 September 2001 Solid Waste Collection Contract 216 Commercial Customer: The term "Commercial Customer' ' means non-Residential cnstomers 217 including businesses, institutions, governmental agencies, Multifamily c~stomers with 218 commercial accormts, and all other users of commercial-type Garbage collection services. 219 220 Contractor: The word "Con ~ractor' ' 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 Recyclables 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 ko 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 233. 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 Cormty Comprehensive Solid Waste Management Plan and 237 approved through the Interlocal agreement bet-ween 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 that is a water- 252 tight galvanized sheet metal or plastic container not exceeding four cubic feet or thirty-two 253 gallons in capacity; weigl'~g 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-tight 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 thnes. 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-~ight galvanized sheet- 265 metal or plastic container not exceeding t~enty gallons in capacity or thirty pounds in weight 266 when f~ll; fitted with two sturdy handles, one on each side; and fitted with a fight 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 packag~g 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 Multifamily Residence or Multi family: 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 truck and that serves four or more Residences. 284 285 Public Street: The term "P ublic Street' ' means a public way used for public travel, including 286 public alleys. 287 288 Recycling Cart: The term "Recyciin g Cart' ' means a Contractor-provided 35-gallon, 64-gallon 289 or 96-gallon wheeled cart, and separate recycling bin or cart Lrrsert 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 "Recyclin g Container' ' means a Contractor- or City-provided 294 container suitable for on-site collection, storage and placement of Source-separated Recyclables 295 at Multifamily 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 aluminrrm 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; t~n 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 pormds 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, h'iplexes 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 recyclir~g 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, tilter 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 eqtdpment 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-specitication 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. Un~reated 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 261.4(b). 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 aH Single Family Residences and to subscribing Multifamily 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 conflict 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 ffris 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 un~ier 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 2.1.1 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 IL during the term of the Contract, additional territory is added to the City through armexation 434 or other means within which the Contractor has an existing WUTC certificate or other ~ranchise 435 for solid waste collection at the time of annexation, the Contractor shall prbmptly 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 annexes 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 ~mder 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 termmated 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 Adrairdstrator, 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 Multifamily 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, tmless 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 acconunodate 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 aH times be courteous, refrain from loud, inappropriate or obscene language, exercise 514 due care, perform their work without delay, m/nimize noise, and avoid damage to public or 515 private property. If on private property, employees shah follow the regular pedestrian 516 walkways and paths, returning to the street after replacing empty containers. Employees shah 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 shah 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 Administrator, incompetent, disorderly or otherwise ~msatisfactory, the Administrator shall 524 promptly document the incompetent, disorderly or unsatisfactory conduct in writing and 525 transmit 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 shah 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, shall 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. Th~ Contractor shall notify the Adm/nistrator, 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 shall 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 rmreasonable. 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 Adrtfinistrator 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 unable to pay for services received, the Contractor shall work with the customer to 588 reschedule payments to the customer's and Contractor's mutual satisfac~on. The Contractor City of Bremerton 9 September 2001 Solid Waste Collection Contract 589 shall be allowed legal recourse, including debt collection services, to collect funds 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 tmacceptable 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 Contractor 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 Administrator 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 hottrs of 614 receipt of notice, the AdrnLrdstrator 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 notifies 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 minimize 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 notification 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 2.1.14 Equipment Age/Condition 658 659 Vehicles used in the performance of this Contract shah be maintained in a clean and sanitary 660 manner, and shall be thoroughly washed at least once each week. Vehicles shah 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 shah 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 shah 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 shah 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 Ieachate) 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 11 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 advertising 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 690 691 2.1.15.1 Small Containers 692 693 Both Residential and Commercial Customers may elect to use customer-owned Micro-cans, 694 Mini-cans, Garbage Cans or Contractor-owned wheeled Garbage Carts for Garbage collection 695 service. In aH 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 shah be expected to handle the Micro-cans, Min/-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 shah 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 shah 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 shah 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 shah ensure that Carts shah have 723 permanent serial numbers to assist with tracking and the recovery of lost or stolen Carts. 724 725 Collection crews shah note damaged hinges, holes, poorly functioning wheels, and other similar 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 rrrissing 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 Admimstrator. The Administrator shall then attempt to resolve the problem. In 738 the event that the problem continues, 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 mariner 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 shah 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 determines 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 load, 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 shah 781 provide the altemative 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 neghgence 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 right 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 hquidated 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 tech_rtology at some point during 832 the term of the Contract. Unless otherwise agreed, the L~itiating 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 Ltnplementation of any program. 837 2.1.18 Disruption Due to Construction 838 839 The City reserves the right to construct any improvement or to permit any such const-cuction 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 Conl:ractor's 846 performance is due to circrunstances beyond its control, such as Acts of God referenced as force 847 majeure events nnder Section 6.15 below, Contractor shag have the right to present a request 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 Plann~g Assistance 851 852 The Contractor shall, upon request and without additional cost, make available either to the 853 City and/or property owners plarming assistance with respect to design and planv, ing 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 uti~ties 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 tirm 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, Multifamily 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 Con~ractor shall contact all Commercial Customers that do not 883 respond by December 15, 2001, to determine that Commercial Customer's service 884 requirements; 885 886 (2) Additional staffing shall be provided for Contractor customer service lines 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 requirements, restrictions on disposal, 893 bulky waste recyclLng and disposal opporttmities, 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 Ail materials provided by the Contractor to customers shah be reviewed and approved by the 902 Administrator in advance of distribution. 903 904 The start of new collection services shah 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 shah 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 Corru*nercial (and Multifamily Provide new Detachable and Drop-box Garbage Containers with commercial accotmts) to customers during the last two weeks of December 2001, at Garbage - Detachable and the size requested m 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 Curbside 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 shah 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 shah 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 ail 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 ~veight, 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 shah 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 m~de 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: All aluminum cans and clean foil that is 'placed in the 981 Recycling Cart, or separately boxed or bundled. 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: Ali 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 btmdled 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: Ail 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: All 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 oH per week per Residence. 1023 1024 1025 2.2.2.2 Containers 1026 1027 After the initial distribution of Recycling Carts, the Contractor shah 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 shah occuz 1035 during the hours and days specified in Section 2.1.4. Collections shah 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 shah 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 manner, and shall return containers to their set out location in an orderly 1040 manner. 1041 1042 The Contractor shall collect aH 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 outlirdng 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 furnish 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 within seven calendar days of the customer's 1094 initial request. 1095 1096 2.2.3.3 Specific Collection Requirements 1097 ].098 Yard Debris shall be collected from all Single Family Residences every-other-week during the 1099 month~ 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 On streets where no alleys are present, in the same location 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 Multifamily 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 Multifamlly 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 collecfion crews. If materials are rejected for this 1123 reason, the Contractor shall leave a notice with the rejected materials lisffng why they were not 1124 collected and providing the customer with a contact for further Lr~formafion 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 Admirris~rator for f~rther 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 Multifamily 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 Multifamily 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 ali customer sites, whether or not front-load collection is feasible. 1146 1147 The Contractor shall deliver Contractor-owned containers to requesting Multffamily and 1148 Corn_mercial 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 tl~rough Saturday, 1153 during the times specified in Section 2.1.4. Collection at Mult~family 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 Car~s shall be used for collecting Multifamily Source-separated 1171 Recyclables. Carts used for recycling collection shall be distinguished 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 itiaI request. 1182 City of Bremerton 23 September 2001 Solid Waste Collection Contract 1183 2.2.5.3 Specific Collection Requirements 1184 1185 Muitifamily 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 shah 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 shah transport and dispose of Drop-box Container contents through the Kitsap 1196 County Disposal System. 1197 1198 The Contractor shah 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 sham leave a notice with the rejected 1201 materials hsting why they were not collected and providing the customer with a contact for 1202 fi, trther 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 shah 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 sham 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 ali City- 1239 owned municipal facilities without charge. Those facilities include, but are not limited to the 1240 following: 1241 1242 Facility Address 1243 City Hall 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 Department 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 ]arstad 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, determLne 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 delivering 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 eqtdpment 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 AdmL~strator annually; 1326 t327 (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 est~nate of collection time; 1332 1333 (o) submitting collection day changes to the Admin~t~ator 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 distribut~g 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 respousible 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 assignment, pledging, subcontract'bag, 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 tmreasonably 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 shah be provided at the Contractor's ~ole 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 Cotmty 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 Admirdstrator. 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 minimttm of forty 1401 (40) hours each week and shall be readily accessible to City residents. 1402 1403 The Contractor shall maintain an emergency telephone nttmber 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 mtmber 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 reformation, and nature, date and 1416 manner of resolution of the complaint, in a computerized daily log. Any such cats 1417 received via the Contractor's answering service shah be recorded in the log the following 1418 btrsiness day. The Contractor shall make a conscienfiotrs effort to resolve aH 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 ctrstomer 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 shah 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 1444 levels during mobilization and transition period shah 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 shah be submitted for Administrator approval prior to collection service commencement. 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 representat/ves 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 irdorm customers of Yard Debris and Source-separated Recyclables 1461 preparation specifications. City policy quest/ons shall be forwarded to the Administrator 1462 for response. 1463 1464 (c) Monitoring and Evaluation 1465 1466 The Contractor ghall 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. TI'ds 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 act/vities, 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) shall be billed monthly. Billing and account/_ng 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 als© 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 subscript/on 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 Sect/on 3.3. 1512 1513 The Contractor shah lse 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 daily backup of the account servicing database is 1516 made and stored off-site. The Contractor shah also provide the Administrator with a copy of 1517 the customer service database via e-mail on a monthly basis. The Administrator shah 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 shah 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 accotmt 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 shah allow the Administrator access to pertinent 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 information shall be required, except as necessary under Section 1538 3.4. t539 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 quantifies 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 (f) 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 cornmerciaI 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 shah 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 sum_mary 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 pru'pose 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 shah have primary responsibility for developing and executing pubhc 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 resppnsibility 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 tmify program activities, attract attention, and send positive consistent 1601 messages to the public to spur participation. All Contractor materials and logos are subject to 1602 prior Administrator review and approval. 1603 1604 The Contractor shall maLntain a complete list of all mtdtifamily sites within the City Service 1605 Area and the status of each site's participation in Contractor-provided recycling services. The 1606 Contractor shah armually contact, by telephone or site visit, the manager or owner of each non- 1607 participaffng site to er~courage 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 Multifamily 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 trse 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 shah 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 shall compare a Administrator-provided listing of utility 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 AdmLrtistrator 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 tiffs 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 levels, and other appropriate customer service information. Tl'ds Lrfformation shall be 1659 provided on magnetic medium, irt 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 i-rfformation 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 minimu_m 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 collecting 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 Multifamily 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 fotmd 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 htmdred thousand dollars ($100,000.). The 1712 amount of the annual Admin/strative 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-W1967=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 traits 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 1749 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 govermnental 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 shah have the right to terminate this contract at the end of the initial five-year term, 1773 notwithstanding the provisions of Section I 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 circtunstances 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 Lrfformation 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 Ixigh levels of customer service and collection service provision. Performance 1789 failures shall be discouraged, to the extent possible, thxough liquidated damages for certain 1790 infractions and thxough 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 Admirdstrator 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 Liqnid~ted 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 limited 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 maximura 1836 Recyclables or Yard Debris in clearly of $500.00 per truck, per day 1837 identified containers, b'ags 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 Landtilling 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 fl~ds 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 Adm/nis~rator reserves the right 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 no~fied and provided a copy of the 1893 incident report, and shall be provided the oppor~mity to respond to the incident report before 1894 liquidated damages are invoiced to the Contractor. Liquidated damages, ff assessed during a 1895 given month, shall be invoiced by the AdroJxfistrator to the Contractor. The Contractor shall be 1896 required to pay the Administrator the invoiced amotmt witch ~hirty calendar days of billing. 1897 Failure to pay liquidated damages shall be considered a breach of fl-tis 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 tiffs 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 noncompliance 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 sttch action. However, if an emergency shall arise that does not allow tttirty (30) calendar 1926 day's prior written notice, or the contractor has violated the same contract provision 1927 repeatedly, the Administrator 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 shah 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 aH 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 heretmder, 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 f~dl, 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 with_in 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, inchiding 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 reqtdred or contemplated by this Contract shah 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 4th 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 shall use its best efforts to protect this right of the Contractor; however, the 2000 City shall 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 shah 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 limited to, all records, invoices and payments under the 2026 contract, as adjusted for additional and deleted work. The Administrator shah 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 oa~d 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 aH 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 ali 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. 2O47 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 establishing 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 dm'lng 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 cont~ue 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 eqttipment or property 2066 actually used in an amotmt 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 terLm 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 shah 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 documents 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). TI'ds 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 occttrrence basis. City of Bremerton 43 September 2001 Solid Waste Collection Contract 2109 2110 Such liability insurance must specifically name the City as an additional insured thereumder, 2111 and must fully protect the City from any and all claims and risks and losses in conmecfion 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 iniury that may occur in conmecfion with 2116 activities or omissions by the Contractor by virtue of this Contract. The Cify of Bremerton shall 2117 be given thirty calendar days prior written notice, by certified mail, 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 shah 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 Minirnum 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 risks 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 "Should 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 ali 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 sim/lar Lnstrttment, 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 indemnify 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 tl-ds Contract. The City and Contractor have 2188 specifically negotiated the Contractor's waiver of its immrtrfity 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 Admimstrator 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 Conh:actor 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 faithful 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 ThLs 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 opportxmity 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 treatment 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 regulations 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 ~ncrease 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 distrrrbances, 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 ncaice 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 part~, 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 2335 ~y 15y ~'~.~ ,~, 2336 Mayord~ynn Horton 2337 Its: ~t~ 2338 2339 Res. ponsible Department: 2341 2342 Kathleen L. McCluskey / 2343 Administrati~v,~7/~s Director 2344 2345 Appr~oved/o/~..~ 2347 B1~d 23492348 ~y//~tt or~ey 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 ,;( 005' Form 2a 2a-l CITY OF BREMERTON Garbage and Yard Debris Service Fees Current 0.46% New Current 2.600% New New (Monthly) CPI (Monthly) (Monthly) DISPOSAL (Monthly) Total _SERVICE Collection Rate Collection Disposal Rate Disposal Service CLASS 1/1/2005 Fee Adjustment Fee Fee Adjustment Fee Fee Residential Services - Curb Svc Weekly Service: 1 10 Gal. Microcan 4.81 0.02 4.83 0.96 0.02 0.98 5.81 1 20 Gal. Minican 6.17 0.03 6.19 1.91 0.05 1.96 8.15 1 32 Gal. Can 8.46 0.04 8.50 3.07 0.08 3.14 11.64 1 35 Gal Cart Added 1/14/2005 9.75 3.14 12.89 2 32 Gal. Cans/1 64 Gal. Cart 10.56 0.05 10.61 6.13 0.15 6.29 16.90 3 32 Gal. Cans/1 96 Gal. Cart 12.69 0.06 12.74 9.20 0.23 9.43 22.17 1 "extra" 32 gallon can or equivalent 3.33 0.01 3.34 0.36 0.01 0.37 3.71 Yard Debris Service: Basic Subscription Service 1.35 0.01 1.36 6.48 0.16 6.64 8.00 Extra YW Cans/Bags (EA.) 2.81 0.01 2.82 0.89 0.02 0.91 3.74 Extra 96 Gal. YD Cart: rent+roll 0.85 0.00 0.85 6.48 0.16 6.64 7.49 Miscellaneous Fees: Return Trip 7.51 0.03 7.54 Drive-in Charge 6.14 0.03 6.17 Redelivery Fee (Carts) 11.91 0.05 11.96 Res. Services-Carry-out Surcharge: All Residential Can/Cart Service Levels 1.84 0.01 1.85 On-Call Bulky Waste Collection: Appliances (non-refrigerant) 51.10 0.23 51.33 15.75 0.39 16.14 67.47 Refrigerator/Freezer 51.1 0 0.23 51.33 21.00 0.53 21.53 72.86 Sofa 51.1 0 0.23 51.33 17.98 0.45 18.43 69.76 Chair 51.10 0.23 51.33 8.99 0.22 9.21 60.54 Mattress or Box Springs 51.10 0.23 51.33 1.12 0.03 1.15 52.48 Tires: Auto/Light Truck 25.56 0.11 25.67 5.25 0.13 5.38 31.05 Bus/Heavy Truck 51.10 0.23 51.33 5.25 0.13 5.38 56.71 Add'l for Rims or Wheels 25.56 0.11 25.67 5.25 0.13 5.38 31.05 Miscellaneous, per cubic yard 51.10 0.23 51.33 3.81 0.10 3.91 55.24 Temporary Container Service: (per pick-up) Temp. 1.5 Yard Container 15.06 0.07 15.13 5.67 0.14 5.81 20.94 Daily Rent 1.01 0.00 1.02 1.02 . Delivery Fee 26.79 0.12 26.91 26.91 Temp. 2 Yard Container 19.28 0.09 19.36 27.12 Daily Rent 1.01 0.00 1.02 1.02 Delivery Fee 26.79 0.12 26.91 26.91 Temp. 3 Yard Container 25.93 0.12 26.05 37.68 Daily Rent 1.01 0.00 1.02 1.02 Delivery Fee 26.79 0.12 26.91 26.91 Temp. 4 Yard Container 33.53 0.15 33.68 49.18 Daily Rent 1.01 0.00 1.02 1.02 Delivery Fee 26.79 0.12 26.91 26.91 Temp. 6 Yard Container 46.18 0.21 46.39 69.64 Daily Rent 1.01 0.00 1.02 1.02 Delivery Fee 26.79 0.12 26.91 26.91 Temp. 100 Yard Container (demolition) 122.64 0.55 123.19 1,983.86 Daily Rent 25.27 0.11 25.39 25.39 Return Trip to Collect 121.31 0.55 121.85 . City of Bremerton Request for CPI Rote Adjustment /-1 -oS- Oet.her J98~ ;(Vos;- Form 2a 2a-2 CITY OF BREMERTON Garbage and Yard Debris Service Fees Current 0.46% New Current 2.500% New New (Monthly) CPI (Monthly) (Monthly) DISPOSAL (Monthly) Total e SERVICE Collection Rate Collection Disposal Rate Disposal Service CLASS 1/1/2005 Fee Adjustment Fee Fee Adjustment Fee Fee Multifamily Cans & Carts Weekly Service [1J 1 20 Gal. Minican 4.95 0.02 4.98 1.91 0.05 1.96 6.93 1 32 Gal. Can 6.99 0.03 7.02 3.07 0.08 3.14 10.16 1 64 Gal. Cart 17.64 0.08 17.72 6.13 0.15 6.29 24.00 1 96 Gal. Cart 26.46 0.12 26.57 9.20 0.23 9.43 36.00 "Extra" 32 Gal. Can/Bag ea. 2.43 0.01 2.44 1.53 0.04 1.57 4.01 Miscellaneous Services Return Trip 7.51 0.03 7.54 7.54 Carry-Out Service (per can) 1.84 0.01 1.85 1.85 Redelivery 11.91 0.05 11.96 11.96 Roll-Out Container 2.24 0.01 2.25 2.25 Disconnect Hydraulics 10.22 0.05 10.27 10.27 Unlock Container 10.22 0.05 10.27 10.27 Gale Opening 10.22 0.05 10.27 10.27 Steam Cleaning (per yd.) 3.06 0.01 3.08 3.08 Multifamily Uncompacted Containers 1 Cu. Yd. Uncompacted 1 PickuplWeeklContainer 57.60 0.26 57.86 16.38 0.41 16.79 74.65 2 PickupslWeeklContainer 98.75 0.44 99.20 32.78 0.82 33.60 132.80 3 PickupslWeeklContainer 139.92 0.63 140.55 49.16 1.23 50.39 190.94 4 PickupslWeeklContainer 181.07 0.81 181.89 65.55 1.64 67.19 249.08 5 PickupslWeeklContainer 222.22 1.00 223.22 81.94 2.05 83.99 307.21 1.5 Cu. Yd. Uncompacted 1 PickuplWeeklContainer 53.74 0.24 53.98 24.64 0.62 25.26 79.24 2 PickupslWeeklContainer 84.32 0.38 84.70 49.30 1.23 50.53 135.23 3 PickupslWeeklContainer 116.17 0.52 116.70 73.94 1.85 75.79 192.48 4 PickupslWeeklContainer 148.03 0.67 148.69 98.60 2.46 101.06 249.75 5 PickupslWeeklContainer 307.01 2 Cu. Yd. Uncompacted 1 PickuplWeeklContainer 67.43 0.30 67.73 32.78 0.82 33.60 101.33 2 PickupslWeeklContainer 105.93 0.48 106.41 65.55 1.64 67.19 173.60 3 PickupslWeeklContainer 144.43 0.65 145.08 98.32 2.46 100.78 245.86 . 4 PickupslWeeklContainer 182.92 0.82 183.75 131.10 3.28 134.38 318.13 5 PickupslWeeklContainer 221.43 1.00 222.42 163.87 4.10 167.97 390.39 3 Cu. Yd. Uncompacted 1 PickuplWeeklContainer 81.89 0.37 82.26 49.16 1.23 50.39 132.65 2 PickupslWeeklContainer 125.02 0.56 125.58 98.32 2.46 100.78 226.36 3 PickupslWeeklContainer 168.22 0.76 168.98 147.49 3.69 151.18 320.16 4 PickupslWeeklContainer 211.38 0.95 212.33 196.65 4.92 201.57 413.90 5 PickupslWeeklContainer 241.63 1.09 242.71 245.82 6.15 251.96 494.67 4 Cu. Yd. Uncompacted 1 PickuplWeeklContainer 89.85 0.40 90.25 65.55 1.64 67.19 157.44 2 PickupslWeeklContainer 134.48 0.61 135.09 131.10 3.28 134.38 269.47 3 PickupslWeeklContainer 175.77 0.79 .176.56 196.65 4.92 201.57 378.13 4 PickupslWeeklContainer 217.29 0.98 218.27 262.20 6.55 268.75 487.02 5 PickupslWeeklContainer 245.82 1.11 246.93 327.76 8.19 335.95 582.88 6 Cu. Yd. Uncompacted 1 PickuplWeeklContainer 112.15 0.50 112.65 98.32 2.46 100.78 213.43 2 PickupslWeeklContainer 159.73 0.72 160.45 196.65 4.92 201.57 362.02 3 PickupslWeeklContainer 207.34 0.93 208.27 294.98 7.37 302.35 510.62 4 PickupslWeeklContainer 254.44 1.14 255.59 393.31 9.83 403.14 658.73 5 PickupslWeeklContainer 280.03 1.26 281.29 491.63 12.29 503.92 785.21 . City of Bremerton Request for CPI Rate Adjustment ) -I-CS- Oetelser 29~ .. c;( LJO :s- Form 2a 2a-3 CITY OF BREMERTON Garbage and Yard Debris Service Fees Current 0.46% New Current 2.600% New New (Monthly) CPI (Monthly) (Monthly) DISPOSAL (Monthly) Total e SERVICE Collection Rate Collection Disposal Rate Disposal Service CLASS 1/1/2005 Fee Adjustment Fee Fee Adjustment Fee Fee Multifamily Uncompacted Containers 8 Cu. Yd. Uncompacted 1 PickuplWeeklContainer 142.48 0.64 143.12 131.10 3.28 134.38 277.50 2 PickupslWeeklContainer 199.90 0.90 200.79 262.20 6.55 268.75 469.55 3 PickupslWeeklContainer 257.29 1.16 258.45 393.31 9.83 403.14 661.59 4 PickupslWeeklContainer 314.69 1.42 316.11 524.41 13.11 537.52 853.63 5 PickupslWeeklContainer 372.09 1.67 373.77 655.52 16.39 671.90 1,045.67 Multifamily Compacted Containers 1 Cu. Yd. Container 39.61 0.18 39.79 57.42 1.44 58.86 98.65 1.5 Cu. Yd. Container 33.87 0.15 34.02 86.01 2.15 88.16 122.17 2 Cu. Yd. Container 28.01 0.13 28.14 114.71 2.87 117.58 145.72 3 Cu. Yd. Container 49.85 0.22 50.07 172.15 4.30 176.45 226.52 4 Cu. Yd. Container 71.81 0.32 72.14 229.44 5.74 235.17 307.31 6 Cu. Yd. Container 88.51 0.40 88.91 344.15 8.60 352.75 441.66 Extra Uncompacted Cubic Yard/Pickup 6.42 0.03 6.45 3.78 0.09 3.87 10.32 Multifamily Yard Debris 1 Basic Service (96 gal. Cart, EoW/Mon) 5.54 0.02 5.56 3.23 0.08 3.31 8.88 1 32 gallon extra 1.93 0.01 1.94 1.01 0.03 1.03 2.97 1 2 cubic yard container, weekly 402.11 1.81 403.92 38.67 0.97 39.64 443.55 1 extra cubic yard 6.42 0.03 6.45 4.46 0.11 4.57 11.02 . . City of Bremerton Request for CPI Rote Adjustment /-1-05" ,gete1s41 ~68~ . . . 2a-4 Form 2a I CITY OF BREMERTON I Garbage and Yard Debris Service Fees 0.45% I Daily I CPI I New Daily II Monthly I CPI I New Monthly II Current I CPI I New ISERVICE Container Rate Container Container Rate Container Charge Rate Charge CLASS 1/1/2005 Rental Adjustment Rental Rental Adjustment Rental per Haul Adjustment per Haul Multifamily Drop-box Collection Noncompacted Service 110 Cu. Yd. Container 1.01 0.00 1.02 30.33 0.14 30.46 86.80 0.39 87.19 1 15 Cu. Yd. Container 1.01 0.00 1.02 30.33 0.14 30.46 86.80 0.39 87.19 1 20 Cu. Yd. Container 1.34 0.01 1.35 40.44 0.18 40.62 86.80 0.39 87.19 1 25 Cu. Yd. Container 1.34 0.01 1.35 40.44 0.18 40.62 90.62 0.41 91.02 1 30 Cu. Yd. Container 1.69 0.01 1.70 50.55 0.23 50.77 91.71 0.41 92.12 1 40 Cu. Yd. Container 1.69 0.01 1.70 50.55 0.23 50.77 109.61 0.49 110.11 Compacted Services 110 Cu. Yd. Container n/a 87.34 0.39 87.73 1 15 Cu. Yd. Container n/a 109.18 0.49 109.67 1 20 Cu. Yd. Container n/a 127.46 0.57 128.04 1 25 Cu. Yd. Container n/a 136.47 0.61 137.09 1 30 Cu. Yd. Container n/a 132.71 0.60 133.31 1 40 Cu. Yd. Container n/a 179.92 0.81 180.73 Drop-box (Temp) 1 10 Cu. Yd. Container 3.54 0.02 3.55 n/a 96.90 0.44 97.34 1 15 Cu. Yd. Container 3.54 0.02 3.55 n/a 96.90 0.44 97.34 1 20 Cu. Yd. Container 4.04 0.02 4.06 n/a 96.90 0.44 97.34 1 25 Cu. Yd. Container 4.55 0.02 4.57 n/a 100.73 0.45 101.18 1 30 Cu. Yd. Container 5.05 0.02 5.08 n/a 101.82 0.46 102.28 1 40 Cu. Yd. Container 5.05 0.02 5.08 n/a 119.72 0.54 120.26 City of Bremerton Request for CPI Rate Adjustment ~ o \) ~ 1-I-oS;- fL.:'h ::~ c:(0o5" Form 2a 2a-5 ITY OF BREMERTON rbage and Yard Debris Service Fees 0.45% New Current 2.500% New New (Monthly) CPI (Monthly) (Monthly) DISPOSAL (Monthly) Total SERVICE Collection Rate Collection Disposal Rate Disposal Fee CLASS 1/112005 Fee Adjustment Fee Fee Adjustment Fee Commercial Cans & Carts Weekly Service [1J 1 20 Gal. Minican 4.45 0.02 4.47 1.91 0.05 1.96 6.43 1 32 Gal. Can 6.24 0.03 6.27 3.07 0.08 3.14 9.41 1 64 Gal. Cart 15.88 0.07 15.95 6.13 0.15 6.29 22.24 1 96 Gal. Cart 23.82 0.11 23.92 9.20 0.23 9.43 33.35 "Extra" 32 Gal. Can/Bag ea. 2.13 0.01 2.14 1.53 0.04 1.57 3.71 Miscellaneous Services Retum Trip 7.51 0.03 7.54 7.54 Carry-Out Service (per can) 1.84 0.01 1.85 1.85 Redelivery 2.24 0.01 2.25 2.25 Roll-Out Container 2.24 0.01 2.25 2.25 Disconnect Hydraulics 10.22 0.05 10.27 10.27 Unlock Container 10.22 0.05 10.27 10.27 Gate Opening 10.22 0.05 10.27 10.27 Steam Cleaning (per yd.) 3.06 0.01 3.08 3.08 Commercial Uncompacted Containers 1 Cu. Yd. Uncompacted 1 PickuplWeeklContainer 52.11 0.23 52.35 16.38 0.41 16.79 69.14 2 PickupslWeeklContainer 89.00 0.40 89.40 32.78 0.82 33.60 123.00 3 Pickups/WeeklContainer 125.88 0.57 126.44 49.16 1.23 50.39 176.83 4 PickupslWeeklContainer 162.78 0.73 163.51 65.55 1.64 67.19 230.70 5 PickupslWeeklContainer 199.65 0.90 200.55 81.94 2.05 83.99 284.54 1.5 Cu. Yd. Un compacted 1 PickuplWeeklContainer 47.93 0.22 48.14 24.64 0.62 25.26 73.40 2 Pickup: Auto/Light Truck 74.39 0.33 74.73 49.30 1.23 50.53 125.26 3 Pickup: Bus/Heavy Truck 102.06 0.46 102.52 73.94 1.85 75.79 178.31 4 Pickup: Add'l for Rims or Wheels 129.72 0.58 130.30 98.60 2.46 101.06 231 .36 5 PickupslWeeklContainer 157.38 0.71 158.09 123.23 3.08 126.31 284.39 2 Cu. Yd. Uncompacted . 1 PickuplWeeklContainer 59.99 0.27 60.26 32.78 0.82 33.60 93.86 2 PickupslWeeklContainer 93.19 0.42 93.61 65.55 1.64 67.19 160.80 3 PickupslWeeklContainer 126.40 0.57 126.97 98.32 2.46 100.78 227.75 4 PickupslWeeklContainer 159.60 0.72 160.32 131.10 3.28 134.38 294.70 5 PickupslWeeklContainer 192.82 0.87 193.69 163.87 4.10 167.97 361.66 3 Cu. Yd. Un compacted 1 PickuplWeeklContainer 72.17 0.32 72.49 49.16 1.23 50.39 122.88 2 PickupslWeeklContainer 108.43 0.49 108.92 98.32 2.46 100.78 209.70 3 PickupslWeeklContainer 144.77 0.65 145.42 147.49 3.69 151.18 296.60 4 PickupslWeeklContainer 181.06 0.81 181.88 196.65 4.92 201.57 383.45 5 PickupslWeeklContainer 205.40 0.92 206.33 245.82 6.15 251.96 458.29 4 Cu. Yd. Uncompacted 1 PickuplWeeklContainer 78.30 0.35 78.66 65.55 1.64 67.19 145.85 2 PickupslWeeklContainer 114.74 0.52 115.25 131.10 3.28 134.38 249.63 3 PickupslWeeklContainer 148.09 0.67 148.75 196.65 4.92 201.57 350.32 4 PickupslWeeklContainer 181.66 0.82 182.48 262.20 6.55 268.75 451.23 5 PickupslWeeklContainer 203.18 0.91 204.10 327.76 8.19 335.95 540.05 6 Cu. Yd. Uncompacted 1 PickuplWeeklContainer 96.51 0.43 96.94 98.32 2.46 100.78 197.72 2 PickupslWeeklContainer 133.24 0.60 133.84 196.65 4.92 201.57 335.41 3 PickupslWeeklContainer 169.99 0.76 170.76 294.98 7.37 302.35 473.11 4 PickupslWeeklContainer 206.28 0.93 207.21 393.31 9.83 403.14 610.35 5 PickupslWeeklContainer 222.65 1.00 223.65 491.63 12.29 503.92 727.57 . City of Bremerton Request for CPI Rate Adjustment I -I - t:> .!> Qelnher JQQ} . I CITY OF BREMERTON Garbage and Yard Debris Service Fees [SERVICE I CLASS 1/1/2005 Commercial Uncompacted Containers 8 Cu. Yd. Un compacted 1 PickuplWeeklContainer 2 PickupslWeeklContainer 3 PickupslWeeklContainer 4 PickupslWeeklContainer 5 PickupslWeeklContainer Compacted Containers 1 Cu. Yd. Container 1.5 Cu. Yd. Container 2 Cu. Yd. Container 3 Cu. Yd. Container 4 Cu. Yd. Container 6 Cu. Yd. Container Extra Uncompacted Cubic Yard/Pickup Commercial Yard Debris 1 Basic Service (96 gal. Cart, EoW/Mon) 1 32 gallon extra 1 2 cubic yard container, weekly 1 extra cubic yard [SERVICE CLASS Commercial Drop-box Collection Noncompacted Service 1 10 Cu. Yd. Container 1 15 Cu. Yd. Container 1 20 Cu. Yd. Container 1 25 Cu. Yd. Container 130 Cu. Yd. Container 1 40 Cu. Yd. Container Compacted Services 1 10 Cu. Yd. Container 1 15 Cu. Yd. Container 1 20 Cu. Yd. Container 1 25 Cu. Yd. Container 1 30 Cu. Yd. Container 1 40 Cu. Yd. Container Drop-box (Temp) 1 10 Cu. Yd. Container 1 15 Cu. Yd. Container 1 20 Cu. Yd. Container 1 25 Cu. Yd. Container 1 30 Cu. Yd. Container 1 40 Cu. Yd. Container City of Bremerton Request for CPI Rate Adjustment . . 2a-6 0.45% New Current 2.500% New New (Monthly) [ CPI I (Monthly) (Monthly) DISPOSAL (Monthly) I Total Collection Rate Collection Disposal Rate Disposal Fee Fee Adjustment Fee Fee Adjustment Fee 122.15 0.55 122.70 131.10 3.28 134.38 257.08 165.54 0.74 166.29 262.20 6.55 268.75 435.04 208.92 0.94 209.86 393.31 9.83 403.14 613.00 252.30 1.14 253.44 524.41 13.11 537.52 790.96 295.68 1.33 297.01 655.52 16.39 671.90 968.91 32.39 0.15 32.53 57.42 1.44 58.86 91.40 24.95 0.11 25.06 86.01 2.15 88.16 113.22 17.39 0.08 17.47 114.71 2.87 117.58 135.05 33.32 0.15 33.47 172.15 4.30 176.45 209.92 49.39 0.22 49.61 229.44 5.74 235.17 284.79 56.32 0.25 56.57 344.15 8.60 352.75 409.32 6.42 0.03 6.45 3.78 0.09 3.87 10.32 5.54 0.02 5.56 3.23 0.08 3.31 8.88 1.93 0.01 1.94 1.01 0.03 1.03 2.97 402.11 1.81 403.92 38.67 0.97 39.64 443.56 6.42 0.03 6.45 4.46 0.11 4.57 11.02 Dally I 0.46% I New Daily II (Monthly) I 0.45% raw Monthl11 Current [ 0.45% [ New Container CPI Container Container CPI Container Charge CPI Charge Rental Price Adj Rental Rental Price Adj Rental per Haul Price Adj per Haul 1.02 1.02 1.36 1.36 1.71 1.71 om om 0~1 0~1 ~01 0~1 30.66 0.14 30.80 81.25 0.37 81.61 30.66 0.14 30.80 81.25 0.37 81.61 40.88 0.18 41.06 81.25 0.37 81.61 40.88 0.18 41.06 85.85 0.39 86.23 51.1 0 0.23 51.33 85.85 0.39 86.23 51.10 0.23 51.33 102.61 0.46 103.07 n/a 81.76 0.37 82.13 n/a 102.20 0.46 102.66 n'a 119.32 0.54 119.85 n/a 122.64 0.55 123.19 n/a 133.06 0.60 133.66 n/a 168.43 0.76 169.18 n/a 91.47 0.41 91.88 n/a 91.47 0.41 91.88 ~ n/a 91.47 0.41 91.88 n/a 96.07 0.43 96.50 n/a 96.07 0.43 96.50 8 n/a 112.83 0.51 113.33 V\ I-/-OS- OGtelser 399:1 1.03 1.03 1.37 1.37 1.72 1.72 3.58 3.58 4.08 4.60 5.12 5.12 0.02 0.02 0.02 0.02 0.02 0.02 3.59 3.59 4.10 4.62 5.14 5.14 . . . Form 2a CITY OF BREMERTON Garbage and Yard Debris Service Fees SERVICE CLASS 1/1/2005 Additional Services Additional Mileage Charge For Hauls to Other Sites Charge Per Mile Return Trip Solid Drop-box Lid Charge (per month) Steam Cleaning (per yd.) Stand-By Time (per minute) Hourly Rates Rear/Side Load Packer & Driver Front Load Packer & Driver Drop Box Truck & Driver Additional Labor (per person) Total Service Fee 0.45% CPI Price Adj New Service Fee 1.64 0.01 1.65 51.10 0.23 51.33 15.34 0.07 15.40 3.06 0.01 3.08 1.27 0.01 1.28 73.58 0.33 73.91 73.58 0.33 73.91 73.58 0.33 73.91 35.78 0.16 35.94 City of Bremerton Request for CPI Rate Adjustment ;;< 005 2a-7 / -1-6S"" Odll>hu 2992 . . . 02005 Attachment - A January 1, 2005 CITY OF BREMERTON Garbage and Yard Debris Service Fees CPI Adjustment Percentage Calculation CPI Current Period* Less CPI Prior Period** Index Point Change 562.4 558.2 4.2 Divide by Prior Period CPI Result Multiplied by 100 0.0075 0.75 CPI Multiplier 60% of CPI** 0.75 0.45 Service Charge Multiplier 0.45 *Aug 2003 CPI from CPI-W1967=100 revised 9/16/03 **Aug 2004 CPI from CPI-W1967=100 revised 9/16/04 *** As stated in the city contract section 3.3 Compensatin Adjustments City of Bremerton Request for CPI Rate Adjustment 1-1-0 S- Oeteber 2992 Attachment C Rate Modification Examples The collection and disposal components of the contractor charges listed in Attachment B will be adjusted separately, as appropriate. The collection 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 County 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 adjuslments are provided as follows: Collection Component Adjustment The collection component listed in Attachment B will be increased or decreased by the amount of the CPI change: NCC = PCC x (1 + (((nCPI - 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 County disposal facilities, the disposal component of each service level will be adjusted as follows: Step 1: A= ODCxNTF OTF 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 Jane, 2001 NTF = The new disposal fee, dollars per ton; and ODC -- The old disposal charge component of the customer rate for a particular 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, ff the previous CPI is 143.2, the new CPI is 144.3 and the disposal f~e 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 curhside 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 similar format to the collection component adjustment described above: NCF = PCF x (1 + (((nCPI - oCPI)/oCPI) x.6)) Where NCF = The mount 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 adjustment, the CPI value reported for July, 2002. Attachment C C-2 June, 2001