HomeMy WebLinkAboutAgreement_General_09/13/2007W ~1
WASTE MANAGEMENT
7701 ~F ari~1~~ Paad
Hobe ~iutiGl, Fl~,ri~ia :~:~~~
(7`.32) 5#6-99tH]
(792) 5-k6-1~~ F~
October ~0, 2007
Mr, Michael Couzzo
Village Manager
Village of Tequesta
345 Tequesta Drive
Tequesta, Florida 33468
Re: Solid Waste and Recyclable Collection Services Agreement
Dear Mr. Cou~o:
Thank you for the opportunity to renew our long-term Public-Private partnership,
®n behalf of all of our employees, staff and management, we appreciate the Council's
vote of support and your diligence in seeking the very best arrangement far the
Village's residents and businesses,
We are committed to this level of service solid waste and recyclable materials collection
agreement and will strive to meet your expectations throughout the term of the
contract.
In addition, thank you for your patience while we were navigating through the internal
obstacles that delayed the progress we made earlier this year.
Respectfully,
Jeff Sabin
Public Sector Director
cc: Craig Ahal
1 Dirisinrr of {iirsle Mrurn„enrent hrc. of Floricln
SOLID WASTE
AND
RECYCLABLE COLLECTION
SERVICES AGREEMENT
BETWEEN
THE VILLAGE OF TEQUESTA
AND
Waste Management, Inc. of Florida
TABLE OF CONTENTS
ARTICLE I GENERAL INFORMATION
l . Grant of Franchise 2
l . LIAISON BETWEEN VILLAGE AND CONTRACTOR 2
l .l Filing of Commercial Fee Rate Schedule 2
2. COMMENCEMENT OF WORK 3
3. TERM 3
4. DEFINITION OF TERMS 3-7
ARTICLE II SERVICES TO BE PERFORMED BY CONTRACTOR -REFUSE COLLECTION
5. DESCRIPTION OF THE WORK g
5.4 Protection of Adjacent Property and Utilities 8
5.5 Spillage g
5.6 Designated Facility g
6. RESIDENTIAL COLLECTION SERVICE 9
6.1.1 Frequency of Collection 9
6.1.2 Hours of Collection 9
6.1.3 Point of Pickup of Residential Refuse 9
6.1.4 Receptacles 1 p
6.1.5 Method of Collection of Residential Refuse 10
6.1.6 Vacant Lots 1 1
6.1.7 Bulk Trash 1 1
7. COMMERCIAL COLLECTION SERVICE 1 1
7.1.1 Frequency of Collection 1 1
7.1.2 Point of Pickup of Commercial Refuse 1 1
7.1.3 Commercial Receptacles 12
7.1.4 Method of Collection of Commercial Refuse 12
8. MUNICIPAL COLLECTION SERVICE 12
8.2 Special Events 12
9. SCHEDULE AND ROUTES 12
9.3 Storm 13
9.4 Holidays 14
10. COLLECTION EQUIPMENT
14
1 1. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS WASTE,
BIOLOGICAL WASTE AND SLUDGE 14
ARTICLE III SERVICES TO BE PERFORMED BY THE CONTRACTOR -RECYCLING
12. DESCRIPTION OF THE WORK
15
12.2 Frequency of Collection 15
12.3 Hours of Collection 15
12.4 Point of Pickup of Recyclable Materials 16
12.5 Receptacles 16
12.6 Method of Collection of Recyclable Materials 16
12.7 Schedules and Routes 17
12.8 Monitoring Records 17
12.9 Equipment 17
12.10 Holidays 17
13. PROMOTION: PUBLIC RELATIONS AND EDUCATION 18
ARTICLE IV SERVICES TO BE PERFORMED BY THE CONTRACTOR-VEGETATIVE WASTE
COLLECTION
14. DESCRIPTION OF WORK
18
14.2 Frequency of Collection 18
14.3 Hours of Collection 18
14.4 Point of Pickup of Vegetative Waste 18
14.5 Preparation of Vegetative Waste for Collection 19
14.6 Method of Collection of Vegetative Waste 19
14.7 Routes 19
14.8 Equipment 19
14.9 Holidays 20
ARTICLE V QUALITY OF SERVICE
15. CONTRACTOR'S PERSONNEL 20
15.1 Contractor's Officer(s) 20
15.2 Dangerous Animals and Refuse Collection 20
15.3 Conduct of Employees 20
15.4 Employee Uniform Regulations 21
15.5 Compliance with State, Federal and Municipal Law 21
15.6 Fair Labor Standards Act 21
15.7 Other Employee Benefits 21
16. CONT RACTOR'S OFFICE 21
16.2 Notification to Customers 22
ARTICLE VI CHARGES, RATES, AND LEVEL OF SERVICE
17. PAYMENT AND BILLING 22
17.1 Compensation 22
17.2 Billing Procedures 22
17.3 Disposal Costs 23
17.4 Unusual Changes or Costs 24
17.5 Consumer Price Index Adjustment 24-25
17.6 Level and Type of Service for Collection
of Other Wastes 26
17.7 Other Considerations 26
ARTICLE VII CONTRACT PERFORMANCE/PENALTIES/DEFAULT
18. CONTRACT PERFORMANCE 26
19. COOPERATION/COORDINATION 27
20. COMPLAINTS AND COMPLAINT RESOLUTION 27
20.1 Office 27
20.2 Complaints 28
20.3 Disputes About Collection of Certain Items 28
21. DEFAULT AND DISPUTE OF THE: AGREEMENT 28-31
22. RIGHT TO REQUIRE PERFORMANCE 31
ARTICLE VIII GENERAL, FINANCIAL AND INSURANCE REQUIREMENTS
23. PERMITS AND LICENSES 31
24. TITLE TO WASTE 31
25. SUBCONTRACTORS, ASSIGNMENT AND CHANGE OF CONTROL
26. BONDS AND SURETIES
26.1 Performance Bond
26.2 ,Requirements as to Surety
27. INSURANCE REQUIREMENTS
27.1 Contractor Insurance
27.1.2 Worker's Compensation
27.1.3 Comprehensive General Liability
27.1.4 Business Automobile Policy
27.1.5 Umbrella Liability
27.2 Certificate of Insurance
28. COMPLIANCE WITH LAWS AN'D REGULATIONS
29. INDEMNIFICATION
30. BOOKS AND RECORDS
31. NOTICES
32. TERMINATION
33. WAIVER
34. GOVERNING LAW
35. SEVERABILITY
36. FORCE MAJEURE
37. ENTIRE AGREEMENT
EXHIBIT I -MUNICIPAL COLLECTION AND DISPOSAL SERVICES
EXHIBIT II -REFUSE, MULTI-MATERIAL RE(:YCLING AND
VEGETATIVE WASTE COLLEICTION RATES 39-40
EXHIBIT III -Storm Provision 41-51
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REFUSE, MULTI-MATERIAL RECYCLING AND
VEGETATIVE WASTE COLLECTION AGREEMENT
THIS AGREEMENT ("Agreement") is made as of this day of , 2007, by
and between the Village of Tequesta, Florida, hereinafter referred to as "Village",
and Waste Management, Inc. of Florida, hereinafter referred to as "Contractor",
with its principal place of business at 7700 S.E. Bridge Road, Hobe Sound, Florida
33455.
WHEREAS, the Village has authorized negotiation of the restatement and
extension of the existing refuse colllection agreement that is scheduled to
terminate September 30, 2007.
NOW, THEREFORE, FOR AND IN CONISIDERATION of the respective covenants
herein contained, the parties agree as follows:
ARTICLE I
GENERAL INFORMATION
1. GRANT OF FRANCHISE
The Village hereby renews its grant to the Contractor of the exclusive
franchise ("Franchise") for the solid waste collection of residential,
commercial, industrial and roll-off refuse, recycling and vegetative waste as
specified herein, but excluding the collection of special waste, hazardous
waste, bio-hazardous waste, bioloclical waste and sludge's.
LIAISON BETWEEN VILLAGE AND CONTRACTOR
All dealings, contracts, notice and payments between the Contractor
and the Village shall be directed by the Contractor to the Village Manager or
his/her designee.
l .l Filing of Commercial Fee Rate Schedule
The Contractor shall file a Commercial Fee Rate Schedule (Exhibit III)
which shall be continuously maintained in the office of the Village for inspection.
The initial commercial Fee Rate Schedule shall be filed with the Village Manager
a minimum of seven days prior to the effective date hereof, and any
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subsequent amendments thereto shall be filed with the Village Manager a
minimum of 15 days prior to the effective date of such amendment.
2. COMMENCEMENT OF WORK
The work outlined in these specifications shall commence on October 1,
2007.
3. TERM
3.1 The term of the Contract shall be for a period of five years beginning
October. l , 2007.
3.2 The Contract may be renewed by mutual agreement for additional five
(5) year periods. The Contractor must notify the Village of its desire to extend
the contract on or before January 1, 2012. The Village will respond to the
request for extension no later than March 1, 2012.
4. DEFINITION OF TERMS
4.1 Authorized Representative: Shall mean the employee or employees
designated in writing by the Village Manager to represent the Village in the
administration and supervision of the Contract.
4.2 Biohazardous Waste: Shall mean any solid waste or liquid waste which
may present a threat of infection or disease to humans or may reasonably be
suspected of harboring pathogenic organisms. The term includes, but is not
limited to, non-liquid human tissue and body parts; laboratory and veterinary
waste which contain human-disease-causing agents; used disposable sharps,
human blood, and human blood products and body fluids; and other materials
which in the opinion of the Department of Health and Rehabilitative Services
represent a significant risk of infection to persons outside the generating facility.
4.3 Biological Waste: Shall mean solid waste that causes or has the capability
of causing disease or infection and includes, but is not limited to, Biohazardous
waste, diseased or dead animals, and other waste capable of transmitting
pathogens to humans or animals.
4.4 Bulk Trash: Shall mean any non-vegetative item which cannot be
containerized, bagged or bundled; including, but not limited to, inoperative
and discarded refrigerators, freezers, ranges, toilets, washers, dryers, bath tubs,
water heaters, sinks, bicycles, and other similar appliances, household goods,
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minor "do it yourself" projects generating de minimis construction debris, and
furniture and all of the above shall not be commingled with Vegetative Waste.
4.5 Village: Village of Tequesta, Florida.
4.6 Collection: Shall mean the process whereby solid waste, garbage, trash,
bulk trash, vegetative waste or recyclable material is removed and transported
to a Designated Facility.
4.7 Commercial Service: Shall herein refer to the service provided to business
establishments, churches, schools, office buildings and other establishments.
Service shall include container rental, the rolling out and locking and unlocking
of containers, opening and closing doors and gates, exchanging containers,
changing container locations and other services required for the proper
maintenance of containers. Commercial Service includes Roll-off Collection
Service.
4.8 Commercial Trash: Shall mean any and all accumulations of paper, rags,
excelsior or other packing materials, wood, paper or cardboard boxes or
containers, sweepings, and any other accumulation not included under the
definition of garbage, generated by the operation of stores, offices, and other
business places. Commercial trash shall include furniture, appliances, car parts,
and all other accumulations not included within the definition of garbage and
shall be included in the service if properly containerized. Commercial trash shall
not include Special Waste.
4.9 Construction and Demolition Debris: Shall mean materials defined as such
from time to time by the Department and Florida Administrative Code.
4.10 Contract or Agreement: The Contract executed by the Village and the
Contractor for the performance of the work.
4.11 Contractor: Shall mean Waste Management, Inc. of Florida and its
officers, agents, employees and subcontractors, with whom the Village has
entered into an agreement to provide the services described herein.
4.12 Department: Shall mean the Florida Department of Environmental
Protection.
4.13 Designated Facility: Shall mean a disposal processing, recovery, recycling
or transfer facility designated by the Village Manager.
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4.14 Disposal Costs: Shall mean the "tipping fees", landfill costs or processing
fees charged to the Contractor by others for disposal of the waste collected by
the Contractor.
4.15 Garbage: Shall mean all putrescible waste which generally includes but is
not limited to kitchen and table food waste, animal, vegetative, food or any
organic waste that is attendant with or results from the storage, preparation,
cooking or handling of food materials whether attributed to residential or
commercial activities. Vegetative Waste shall not be commingled with
Garbage in the same collection. Garbage shall not include any material that
falls within the definition of Special Waste.
4.16 Garbage Receptacle: Shall mean any commonly available light gauge
steel, plastic, or galvanized receptacle of anon-absorbent material, closed at
one end and open at the other, furnished with a closely fitted top or lid and
handle(s). A receptacle also includes a heavy duty, securely tied, plastic bag
designed for use as a garbage receptacle. Any receptacle including waste
materials shall not exceed fifty (50) gallons in capacity or fifty (50) pounds in
weight, unless designated by Contractor for special handling or Contractor
provided receptacle (mobile cart) in which case, capacity and weight will be
volume-based.
4.17 Hazardous Waste: Shall mean solid waste as defined by the State of
Florida Department of Environmental Regulation as a hazardous waste in the
State of Florida Administrative Code, or by any future legislative action or by
federal, state or local law.
4.18 Industrial Wastes: Industrial wastes are not included in the scope of this
contract unless considered regular solid waste.
4.19 Loose Refuse: Refuse which is collected from the ground is considered
loose refuse.
4.20 Mechanical Container: Shall mean and include any detachable metal
container designed or intended to be mechanically dumped into a
loader/packer type of garbage truck used by the Contractor.
4.21 Multiple Dwelling Units: Shall mean any building containing four (4) or
more permanent living units, not including motels and hotels.
4.22 Performance and Payment Bond: Shall mean the form of security
approved by the Village and furnished by the Contractor as required by this
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Contract as a guarantee that the Contractor will execute the work in
accordance with the terms of the Contract.
4.23 Recyclable Materials: Shall mean newspapers (including inserts),
magazines and catalogs, aluminum cans, aluminum foil and pie plates, plastic
containers, glass bottles and jars, corrugated cardboard, brown paper bags,
mixed paper (magazines, phone books, office paper, etc.), drink boxes, milk
and juice cartons, and other solid waste materials added upon Agreement
between the Village and the Contractor, when such materials have been either
diverted from the remaining solid waste stream or removed prior to their entry
into the remaining solid waste stream. The Village reserves the right to modify
the types of materials collected by the Contractor and the point of delivery for
processing.
4.24 Recycling: Shall mean any process by which solid waste, or materials
which otherwise become solid waste, are collected, separated, or processed
and reused or returned to use in the form of raw materials or products, as
defined by the State of Florida D.E.P. and Florida Administrative Code.
4.25 Roll-off Collection Service: Shall mean the Collection of Refuse,
Construction and Demolition Debris using roll-off containers, or the Collection of
Construction and Demolition Debris by other mechanical means from locations
within the Village.
4.26 Refuse: Shall mean commercial/industrial trash, household trash and
garbage or a combination of mixture of commercial trash, household trash and
garbage, plus construction/demolition material.
4.27 Refuse Regulations: Shall herein refer to regulations prescribed by the
Village together with such administrative rules, regulations and procedures as
may be established for the purpose of carrying out or making effective the
provision of this contract.
4.28 Residential Service: Shall herein refer to the refuse, recycling and
vegetative waste collection service provided to single family and multi-family
residences occupying residential dwelling units within the Village who are not
receiving commercial service.
4.29 Sludge: Includes the accumulated solids, residues, and precipitates
generated as a result of waste treatment or processing, including
wastewater treatment, water supply treatment, or operation of an air
pollution control facility, and mixed liquids and solids pumped from septic
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tanks, grease traps, privies, or similar waste disposal appurtenances. The
definition of the term "sludge" shall be amended upon any amendment
of that term as it is defined in Section 403.703,F.S., as amended from time
to time.
4.30 Solid Waste: "Solid Waste" means garbage, rubbish, refuse, Special Waste,
and other discarded materials, but only to the extent such materials are of the
type and consistency that may be lawfully accepted at the designated disposal
facility under applicable law.
4.30 Special Waste: Shall mean solid wastes that require special handling and
management, and which are not accepted at a landfill or other disposal facility
or which are accepted at a landfill or other disposal facility at higher rates than
is charged for refuse, including, but not limited to, asbestos, whole tires, used oil,
lead-acid batteries, and Bio hazardous wastes. The definition of the term
"special waste" shall be amended upon any amendment of that term as it is
defined in Section 403.703,F.S., as amended form time to time.
4.31 Trash: Shall mean all refuse, accumulation of paper, excelsior, rags,
wooden or paper boxes and containers, sweepings, broken toys, tools, utensils,
and all other accumulations of a similar nature other than Garbage, which are
usual to housekeeping and to the operation of stores, offices and other business
places, but shall not include Vegetative Waste.
4.32 Uniform Level of Service: Shall mean any and all garbage and trash,
whether commercial or residential, which conforms to the preparation and
storage requirements of this contract, and is collected in accordance with
Village approved schedule.
4.33 Vegetative Waste: Shall mean any vegetative matter resulting from yard
and landscaping maintenance and shall include materials such as tree and
shrub materials, grass clippings, palm fronds, Christmas trees, tree branches and
similar other matter usually produced as refuse in the care of lawns, landscaping
and yards. Residents must bag or containerize all grass clippings, leaves, pine
needles, and similar small loose items. Large Vegetative Waste items must be
not more than six (6) feet in length or fifty (50) pounds in weight, and shall be
placed neatly at the curb to comply for regular scheduled collection.
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ARTICLE II
SERVICES TO BE PERFORMED BY CONTRACTOR -REFUSE COLLECTION
5. DESCRIPTION OF WORK
5.1 The Contractor shall provide Refuse collection services within the Village
Limits of Tequesta. The Contractor shall have the exclusive right to provide
Refuse and construction and demolition debris collection service in the Village in
accordance with the Terms herein.
5.2 The Contractor is aware of the requirements of the Florida Solid Waste
Management Act and other applicable federal and state laws, and is
responsible for determining the impact of such legislation on its operation.
5.3 The Contractor shall provide, at his own expense, all labor, insurance,
supervision, machinery and equipment, plant building, trucks and any other
tools, equipment, accessories and things necessary to maintain the standard of
collections and disposal set forth herein.
5.4 Protection of Adjacent Property and Utilities. The Contractor shall
conduct his work in such a manner as to avoid damage to adjacent private or
public property and shall promptly repair or pay for any damage incurred
through its operations. The Contractor shall take cognizance of all existing
utilities and it shall operate with due care in the vicinity of such utilities and shall
immediately repair or have repaired at no additional cost to the owner any
breakage or damage caused by its operation.
5.5 S ilp lage. The Contractor shall not litter or cause any spillage to occur
upon the premises or the rights-of-way wherein the collection shall occur.
During hauling, all refuse shall be contained, tied, or enclosed so that leaking,
spilling, and blowing is prevented. In the event of any spillage caused by the
Contractor, the Contractor shall promptly clean up all spillage.
5.6 Designated Facility. All Refuse, Recyclable Materials and Vegetative
Waste shall be hauled to a designated facility as directed in writing by the
Village Manager and disposed of at those facilities at the expense of the
Contractor.
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6. RESIDENTIAL COLLECTION SERVICE
6.1 The Contractor shall have the exclusive right to and shall collect and
dispose of all Refuse, except Special Waste, Hazardous Waste, Biohazardous
Waste, Biological Waste and Sludge, from all single family homes, multiple
dwelling units and individual mobile homes. Mobile home parks will be serviced
as residential units. In addition, the Contractor can offer "Back Door" or other
enhanced services to residents for a negotiated fee. Those handicapped
residents who have submitted a physicians certificate of their disability and
which has been accepted by the Village, will be provided back door service at
no charge.
6.1.1 Frequency of Collection. The Contractor shall collect refuse from places
of residence within the Village at least two (2) times per week, with collections at
least three (3) days apart. The Village shall approve all proposed changes to
collection days prior to Contractor implementation.
6.1.2 Hours of Collection. Collection shall begin no earlier than 7:00 o'clock
a.m., and shall cease no later than 7:00 o'clock p.m. The hours of collection
may be extended provided the Contractor has received prior approval from
the Village Manager, to be later evidenced by a written memorandum
confirming the approval. Should the Contractor not confirm and obtain in
writing the approval to operate on an emergency basis, it shall be conclusively
presumed that the Contractor had not obtained such approval. No collection
shall occur on Sundays or holidays (referenced in 9.4) except in time of
emergency, and with the Village Manager's prior approval.
6.1.3 Point of Pickup of Residential Refuse. Collections of residential refuse shall
be at curbside or other such locations as will provide ready accessibility to the
Contractor's collection crew and vehicle. In the event an appropriate location
cannot be agreed upon, the Village Manager or his/her designee shall
designate the location. Nothing in this section shall require the Contractor to
remove waste resulting from construction activity or the clearance of vacant
lots, except as further required in Section 6.1.6.
For those residents who, by reason of their disability, certified by a doctor
and approved by the Village, are unable to place garbage receptacles at the
curb, collection will be from the rear door or other accessible location adjacent
to the residence, and shall be replaced when empty.
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6.1.4 Receptacles. The Contractor shall be required to pick up all garbage,
trash and bulk trash generated from residential units which have been properly
prepared and stored for collection as follows:
All garbage shall be placed in a garbage can or in such other proper
disposal bag or cart and shall be placed at curbside (within 6 feet of roadway)
or at such other single collection point as may be agreed upon by the
Contractor and the customer.
Usual household trash shall either be placed in containers where it shall be
collected in the same manner as garbage or piled at curbside. Non-
containerized trash shall be collected providing that it does not exceed six (6)
feet in length or fifty (50) pounds in weight for any piece or segment of such
materials.
Containerized Multiple Dwelling Units (dwellings containing four (4) or
more units under a single roof) serviced by Mechanical Containers shall
containerize all Garbage and Trash. Bulk Trash shall be collected at a
designated site agreed to by the Contractor and the customer and approved
by the Village. Containerized Services shall include the rolling out and locking
and unlocking of containers, opening and closing doors and gates, exchanging
containers, changing container location. A list of charges are included the rate
schedule (Exhibit III), and other services required for proper maintenance of
containers.
6.1.5 Method of Collection of Residential Refuse. The Contractor shall make
collections with a minimum of noise and disturbances to the householder. Any
refuse spilled by the Contractor shall be picked up immediately by the
Contractor. Garbage receptacles shall be handled carefully by the Contractor,
shall not be bent or otherwise abused, and shall be thoroughly emptied and
then left at the proper point of collection. Metal and plastic cans shall be
inverted with covers placed topside up on the ground next to the container.
Any type receptacle found in a rack, cart or enclosure of any kind shall be
returned upright to such rack, cart or enclosure and lids shall be placed securely
and properly on the top of said receptacles. In the event of damage by the
Contractor to garbage receptacles, the Contractor shall be responsible for the
timely repair or replacement of said receptacles within seven (7) days at no cost
to the customer. The replacement must be similar in style, material, quality and
capacity. Throwing of any garbage can, container, or recycling container is
prohibited.
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6.1.6 Vacant Lots. The Contractor shall also collect household trash, and
garden and yard trash generated by normal maintenance activities from the
swale or right-of-way of vacant lots in residentially developed neighborhoods at
no additional charge. It will not be the responsibility of the Contractor to
remove waste resulting from clearing property for building purposes, or materials
deposited by subcontractors.
6.1.7 Bulk Trash. The Contractor shall collect bulk trash from residents not more
than once per week.
7. COMMERCIAL COLLECTION SERVICE
7.1 The Contractor shall have the exclusive right to and shall collect and
dispose of all Refuse and solid waste as defined in F.A.C. 62-701.200 et seq.,
except Special Waste, Hazardous Waste, Biohazardous Waste, Biological Waste
and Sludge, from or generated by any commercial or industrial use, and any
use not contained within residential services. Contractor's exclusivity regarding
Commercial Service shall include Roll-off Collection Service for all solid waste as
so defined above and recyclables.
7.1.1 Frequency of Collection. Commercial containers shall be collected
frequently enough to prevent them from becoming overloaded. Collection shall
begin no earlier than six o'clock (6:00) a.m. and shall cease no later than seven
o'clock (7:00) p.m. Commercial customers located adjacent (within a one
block radius) to residential uses shall only be collected during residential
collection hours as stated in Section 6.1.2. In the event a customer's container is
consistently overloaded the Village will require the customer to increase service.
In the event of an emergency, collection may be permitted at times not
allowed by this paragraph, provided the Contractor has received prior approval
from the Village Manager or his designee, to be later evidenced by a written
memorandum confirming the approval. Should the Contractor not confirm and
obtain in writing the approval to operate on an emergency basis, it shall be
conclusively presumed that the Contractor had not obtained such approval.
7.1.2 Point of Pickup of Commercial Refuse. Commercial Refuse customers
shall place containers at locations that are mutually agreed upon by the
customer and the Contractor and approved by the Village which are
convenient for collection by the Contractor. Where mutual agreement is not
reached, the Village Manager or his/her designee shall designate the location.
7.1.3 Commercial Receptacles. Commercial establishments shall use
Mechanical Containers as defined in Section 4.20. Containers must be properly
maintained and kept clean and sanitary.
7.1.4 Method of Collection of Commercial Refuse. The Contractor shall make
collections with as little disturbance as possible. Any refuse spilled by the
Contractor shall be picked up immediately by the Contractor.
8. MUNICIPAL COLLECTION SERVICE
8.1 The Contractor shall provide residential or commercial collection and
disposal service, as appropriate, to all property owned, leased, rented or
controlled by the Village of Tequesta including, but not limited to, those
designated by the Village Manager if acquired during the contract term. These
services shall be provided at no charge to the Village. Exhibit I is a current list of
properties to receive this service.
8.1.1 The Contractor shall empty all Refuse, Recycling and Vegetative Waste
containers in any and all of the above mentioned properties at a frequency to
be determined by the Village Manager or his/her designee. The Village shall
have the right to use mechanical containers, commercial type trash cans with
covers or any other container within the size limits prescribed by definition. The
Contractor shall provide all mechanical containers for the use of the Village,
which said containers shall be kept in operable condition by the Contractor
throughout the life of the Contract.
8.2 Special Events. The Contractor shall provide at no charge to the Village
for all services, containers and equipment required for waste collection and
disposal at all special Village functions or sponsored events deemed
appropriate by the Village Manager or his/her designee (such as J.T.A.A. softball
games, beach clean-ups, etc.).
9. SCHEDULES AND ROUTES
9.1 The Contractor shall provide the Village with schedules for all collection
routes and keep such information current at all times. Any proposed changes in
route schedules must be pre-approved and the Village shall be immediately
notified in writing a minimum of 30 days in advance. The Village Manager shall
approve all permanent changes in routes or schedules that alter the day of
pickup. Upon approval of the Village Manager, the Contractor shall utilize door
to door notices as well as publish in a newspaper of general circulation in Palm
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Beach County at least seven (7) days prior to the effective date of such route or
schedule changes. The cost of publication shall be borne solely by the
Contractor.
9.2 The Village reserves the right to deny Contractor's vehicles access to
certain streets, alleys and public ways inside the Village en route to the disposal
site where it is in the interest of the general public to do so because of the
condition of the streets or bridges. The Contractor shall not interrupt the regular
schedule or quality of service because of street closures of less than eight (8)
hours in duration. The Village shall notify the Contractor of street closures of
longer duration and arrangements for service will be made in a manner
satisfactory to Contractor and Village. Customers under this contract shall
receive reasonable notification of the schedules provided by the Contractor
prior to commencement of service. Only local truck routes shall be used in
transit, unless specifically for the purpose of collection.
NOTE: The Contractor's attention is directed to the fact that at times
during the year, the quantity of Refuse to be disposed of is materially increased
by the influx of visitors. This additional load will not be justification for the
Contractor to fail to maintain the required collection schedules and routes.
9.3 Storm. The Village designates Contractor as its exclusive provider of
cleanup services in the event of a severe storm, hurricane, or other similar
natural disaster. In such case, the Village Manager or his/her designee may
grant the Contractor reasonable variance from regular schedules and routes.
As soon as practicable after such storm, the Contractor shall advise the Village
Manager and the customer of the estimated time required before regular
schedules and routes can be resumed. Exhibit III contains the storm plan and
operations response. In case of a storm where it is necessary for the Contractor
and the Village to acquire additional equipment and to hire extra crews to
clean the Village of debris and Refuse resulting from the storm, the Contractor
shall be required to work with the Village in all possible ways for the efficient and
rapid cleanup of the Village, provided the parties have entered into a separate
written agreement for same. In such event, the Contractor shall receive extra
compensation above the Contract. price for additional employees, overtime,
and cost of rental equipment, has first secured prior written authorization from
the Village Manager or his/her designee. The Contractor's reimbursement rates,
both hourly and cubic yard and tonnage unit costs for disaster debris removal,
reduction and disposal shall be negotiated annually prior to the Village issuing
an authorization to proceed or Tasking. A detailed breakdown of direct cost to
be provided with billing in accordance with current FEMA language upon
notice from the Village, the Contractor shall make every reasonable effort to
secure or remove all receptacles, mechanical or portable, on Village property.
In addition, the Village may require the Contractor to provide Village-wide
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emergency vegetative collection prior to a storm. Every effort will be made to
provide as much advance notice as is possible under the circumstances.
9.4 Holidays. The Contractor will not provide service on the following holidays:
New Year's Day, Thanksgiving and Christmas. If the regular collection day falls
on any of the aforementioned holidays, the Contractor shall collect the Refuse
on the next regularly scheduled collection day.
10. COLLECTION EQUIPMENT
10.1 The Contractor shall have on hand at all times, in good working order and
sanitary condition, such equipment as shall permit the Contractor to adequately
and efficiently perform its contractual duties. Equipment shall be. obtained from
nationally known and recognized manufacturers of garbage collection and
disposal equipment. The dedicated fleet of Collection vehicles used by the
Contractor under this Agreement shall not exceed an average age of five (5)
years. and no vehicle shall exceed a maximum age of eight (8) years, unless it is
used as a reserve vehicle only. Equipment shall be of the enclosed loader
packer type, or other equipment which meets industry standards and is
approved by the Village. All equipment shall be kept in good repair,
appearance, and in a sanitary and clean condition at all times. The Contractor
shall have available reserve equipment which can be put into service within two
(2) hours of any breakdown. Such reserve equipment shall correspond in size
and capacity to the equipment used by the Contractor to perform the
contractual duties.
Equipment is to be painted uniformly with the. name of the Contractor,
business telephone number and the number of the vehicle in letters not less than
five (5) inches high on each side of the vehicle. All vehicles shall be numbered
and a record kept of the vehicle to which each number is assigned. No
advertising shall be permitted on vehicles, except of events sponsored by the
Village.
11. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS WASTE, BIOLOGICAL
WASTE AND SLUDGE
The Contractor shall not be required to collect and dispose of Special
Waste, Hazardous Waste, Biohazardous Waste, Biological Waste or Sludge, but
may offer such service in the Village. All such collection and disposal for the
types of waste referenced in this section, when done by the Contractor, shall be
in strict compliance with afl federal, state and local laws and regulations.
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ARTICLE III
SERVICES TO BE PERFORMED BY THE CONTRACTOR -RECYCLING
12. .DESCRIPTION OF THE WORK
12.1 The Contractor shall have the exclusive right to and shall collect all
Recyclable Materials, including but not limited to, newspaper (including inserts),
magazines and catalogs, aluminum foil and pie plates, glass, aluminum cans,
Plastic containers stamped with the recycling symbols # 1 thru #7 including but
not limited to polyethylene terephalate (PET) and high density polyethylene
(HDPE) bottles, corrugated cardboard, brown paper bags, mixed paper, drink
boxes, set out for the purpose of recycling from all residential properties within
the Village limits of the Village of Tequesta. The collection of Recyclables shall
be conducted utilizing two containers. The Contractor will coordinate with the
Village regarding any proposed change in collection of recyclables as
proposed by the Solid Waste Authority Delete proposed implementation plan,
along with impact analysis, to be submitted to Village six months prior to
effective date for approval.
Additionally, the Contractor shall provide adequate mechanical
containers to facilitate aVillage-wide recycling program for all condominiums
and apartment complexes receiving containerized service. Multifamily
containerized recycling services shall utilize ninety-six (96) gallon mechanical
containers to collect Recyclable Materials.
As it becomes appropriate or beneficial, other items may be added to
the list of Recyclable Materials at the direction of the Village Manager. Likewise,
if it becomes unfeasible or financially impractical to continue collection of any
one of the above times, the Contractor may petition the Village Manager for
approval to discontinue collection of those items. The additional items need to
be part of the SWA program. The Contractor has the ability to request
additional compensation for the additional service
12.2 Frequency of Collection. The Contractor shall collect Recyclable
Materials within the Village at least one (1) time per week. The day of collection
shall be on the same day as one of the collection days for solid waste.
12.3 Hours of Collection. Collection shall begin no earlier than seven o'clock
(7:00) a.m. and shall cease no later than seven o'clock (7:00) p.m.; provided,
15
however, that in the event of emergency or unforeseen circumstances,
collection may be permitted at a time not allowed by this paragraph following
approval by the Village Manager or designee.
12.4 Point of Pickup of Recyclable Materials. Collection of Recyclable
Materials shall be at curbside or other such locations as will provide ready
accessibility to the Contractor's collection crew and vehicle. In the event an
appropriate location cannot be agreed upon, the Village Manager shall
designate the location.
12.5 Receptacles. The Contractor shall pick up all Recyclable Materials which
have been properly prepared for collection and placed in recycling containers
or paper bags and set at curbside.
The Contractor shall supply and distribute to each new residence within
the Village two (2) containers for Recyclable Materials and provide
replacements to all residences as needed, using color, design and logo as
designated by the Village. The cost of these containers will be borne by the
Contractor. The containers shall be A-1 Products Corporation, Model 9732, "BLUE
BOX" and "YELLOW BOX", or equivalent. Receptacles may be imprinted with a
logo and/or recycling theme as approved by the Village. All recycling
containers shall become the property of the Village when distributed. Any
containers distributed prior to the commencement of this agreement provided
by the Contractor shall also become the property of the Village on the effective
date of this contract.
The Contractor shall maintain an adequate supply of containers to
provide for replacements and for new residents. All recycling containers
provided or replaced by the Contractor shall be identical in type, size and color
for each type of recycling container.
12.6 Method of Collection of Recyclable Materials. Unless otherwise agreed in
writing the Contractor shall sort at the point of pickup, at least the newspaper
from the aluminum cans, glass and plastics and place into different sections of
the collection vehicle. The Contractor shall make collections with a minimum of
noise and disturbance to the householder. Any Recyclable Materials spilled by
the Contractor shall be picked up immediately. Recycling containers shall be
thoroughly emptied and left inverted at the point of collection.
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12.7 Schedules and Routes. Recyclable Materials collection for a dwelling unit
shall be made on one of the two solid waste collection days for that dwelling unit.
Therefore, schedules and routes shall match the schedules and routes for solid
waste collection, except that the Village Manager or designee is authorized to
modify, extend or suspend schedules in the event of natural disaster, health hazard
or any other state of emergency requiring such action.
The Village reserves the right to deny Contractor's vehicles access to certain
streets, alleys and public ways inside the Village en route to the disposal site where
it is in the interest of the general public to do so because of the condition of streets
or bridges. The Contractor shall not interrupt the regular schedule or quality of
service because of street closures of less than eight (8) hours in duration. The
Village shall notify the Contractor of street closures of longer duration and
arrangements for service will be made in a manner satisfactory to Contractor and
Village. Customers under this contract shall receive reasonable notification of the
schedules provided by the Contractor prior to commencement of service. Only
local truck routes shall be used in transit, unless specifically for the purpose of
collection
12.9 Equipment. The Contractor shall have on hand at all times, in good working
order and sanitary condition, such equipment as shall perform its contractual
duties. Equipment shall be obtained from nationally known and recognized
manufacturers of recycling equipment and shall be kept in good repair,
appearance, and in a sanitary and clean condition at all times. The Contractor
shall have available reserve equipment which can be put into service within two
(2) hours of any breakdown. Such reserve equipment shall correspond in size and
capacity to the equipment used by the Contractor to perform the contractual
duties.
The Contractor may also add his name and business telephone number to
each side of the vehicle. The rear of the vehicle shall contain signs warning the
public of frequent stops. All vehicles shall be numbered and a record kept of the
vehicle to which each number is assigned. No advertising shall be permitted on
vehicles except that approved by the Village.
12.10 Holidays. The Contractor will not provide service on the following holidays:
New Year's Day, Thanksgiving and Christmas. Residential Recyclable Materials not
collected on Thanksgiving shall be collected on the next scheduled recycling
collection service day. Residential Recyclable Materials not collected on
Christmas Day and New Year's Day shall be collected on the next scheduled solid
17
waste collection day when possible, but not later than the next scheduled
recycling collection day.
13. PROMOTION: PUBLIC RELATIONS AND EDUCATION
The Village and the Contractor will share responsibility for the promotion of
the recycling programs. The Village and the Contractor will cooperate in the
design of promotional events and educational programs and the preparation of
promotional materials such as door hangers and/or flyers for public distribution;
however, the Village's contribution shall be subject to budget, review and
approval by the Village. The Contractor will distribute written information to the
residential participants on a periodic basis and assist with preparation of the
Annual Grant report. The Contractor further agrees to conduct presentations for
schools, civic groups, homeowners associations and other appropriate citizens
groups.
ARTICLE IV
SERVICES TO BE PERFORMED BY THE CONTRACTOR -
VEGETATIVE WASTE COLLECTION
14. DESCRIPTION OF WORK
14.1 The Contractor shall provide vegetative waste collection and disposal within
the Village limits of Tequesta. The Contractor shall have the exclusive right to
provide vegetative waste collection and disposal service within the Village in
accordance with the specifications herein. Landscape maintenance companies
may haul vegetative waste resulting from their own activities. (Volume limit and
tagging process description language)
14.2 Frequency of Collection. The Contractor shall collect Vegetative Waste
from residences within the Village two (2) times per week. The day of collection
shall be on the same day as the collection day for solid waste.
14.3 Hours of Collection. Collection shall begin no earlier than 7:00 o'clock a.m.
and shall cease not later than 7:00 o'clock p.m.; provided that in the event of
emergency or unforeseen circumstances, collection may be permitted at a time
not allowed by this paragraph following approval by the Village Manager or
designee.
14.4 Point of Pickup of Vegetative Waste. Collection of Vegetative Waste shall
be at curbside or other such locations as will provide ready accessibility to the
Contractor's collection crew and vehicle. In the event an appropriate location
18
cannot be agreed upon, the Village Manager or his/her designee shall designate
the location.
14.5 Preparation of Vegetative Waste for Collection. The Contractor shall pick up
all Vegetative Waste generated from residential units as follows:
Vegetative Waste shall be placed adjacent to the pavement or traveled
way of the street. Residents must bundle or containerize small or loose Vegetative
Waste. Large materials or accumulations of vegetative waste will be collected by
mechanical means (clamshell) at least one time per week.
In the event of a dispute between Contractor and a customer as to what
constitutes Vegetative Waste, the situation will be reviewed and decided by the
Village Manager or his/her designee, whose decision shall be final.
14.6 Method of Collection of Vegetative Waste. The Contractor shall make
collections with a minimum of noise and disturbance to the householder. Any
Vegetative Waste spilled by the Contractor shall be picked up immediately by the
Contractor. Receptacles shall be handled carefully by the Contractor, shall not
be bent or otherwise abused, and shall be thoroughly emptied and then left at the
proper point of collection. Metal and plastic cans shall be inverted with covers
placed topside up on the ground next to the container. Any type receptacle
found in a rack, cart or enclosure of any kind shall be returned upright, to such
rack, cart of enclosure and lids shall be placed securely and properly on the top of
said receptacles.
14.7 Routes. The Village reserves the right to deny Contractor's vehicles access to
certain streets, alleys and public ways inside the Village en route to the disposal
site where it is in the interest of the general public to do so because the condition
of the streets or bridges. The Contractor shall not interrupt the regular schedule or
quality of service because of street closures of less than eight (8) hours in duration.
The Village shall notify the Contractor of street closures of longer duration and
arrangements for service will be made in a manner satisfactory to Contractor and
Village. Customers under this contract shall receive reasonable notification of the
schedules provided by the Contractor prior to commencement of service. Only
local truck routes shall be used in transit, unless specifically for the purpose of
collection.
14.8 Equipment. The Contractor shall have on hand at all times and in good
working order such equipment as shall permit the Contractor to adequately and
efficiently perform its contractual duties. Equipment shall be obtained from
nationally known and recognized manufacturers of collection and disposal
19
equipment. Collection vehicles shall be of the enclosed loader parker type or
other vehicle designed to allow for efficient collection of Vegetative Waste; with
the exception of clamshell equipment utilized for bulk collection. The equipment
shall be kept in good repair, appearance, and in a sanitary and clean condition
at all times. The Contractor shall have available reserve equipment, which can
be put into service within two (2) hours of any breakdown. Such reserve
equipment shall correspond in size and capacity to the equipment used by the
Contractor to perform the contractual duties.
14.9 Holidays. The Contractor will not provide service on the following holidays:
New Year's Day, Thanksgiving and Christmas. Vegetative Waste not collected on
Thanksgiving shall be collected on the next scheduled vegetative waste collection
service day. Vegetative Waste not collected on Christmas Day and New Year's
Day shall be collected on the next scheduled solid waste collection day.
ARTICLE V
QUALITY OF SERVICE
15. CONTRACTOR'S PERSONNEL
15.1 Contractor's Officerlsi. The Contractor shall assign a qualified person or
persons to be in charge of the operations within the Village. The Contractor shall
give the names, address and phone number of these persons to the Village.
Information regarding the person's experience and qualifications shall be
furnished. Supervisory personnel must be present on the routes to direct operations
in a satisfactory manner. Said supervisor(s) must be available for consultation with
the Manager and/or customers within a reasonable, practicable time after
notification of a request for such consultation. The supervisor(s) shall operate a
vehicle which is radio equipped.
15.2 Dangerous Animals and Refuse Collection. Employees of the Contractor
shall not be required to expose themselves to the danger of being bitten by vicious
dogs in order to accomplish refuse collection. In any case where the owner or
tenants have such animals at large, the Contractor shall immediately notify the
Village Manager of such condition and of his inability to make collection because
of such conditions.
15.3 Conduct of Employees. The Contractor shall ensure that his/her employees
serve the public in a courteous, helpful and impartial manner. Contractor's
collection employees will be required to follow the regular walk for pedestrians
20
while on private property. No trespassing by employees will be permitted, nor
crossing property of neighboring premises unless residents or owners of both such
properties shall have given permission. Care shall be taken to prevent damage to
property, including cans, carts, racks, trees, shrubs, flowers and other plants.
15.4 Employee Uniform Regulations. The Contractor's solid waste collection
employees shall wear a uniform or shirt bearing the company's name. Lettering
stitched on or identifying patches permanently attached to uniform shirts and
jackets will be acceptable. The Contractor shall keep a record of employee's
names and numbers assigned.
15.5 Compliance with State Federal and Municipal Law. The Contractor shall
comply with all applicable Village, State and Federal laws relating to wages,
hours, and all other applicable laws relating to the employment or protection of
employees, now or hereafter in effect.
15.6 Fair Labor Standards Act. The Contractor is required and hereby agrees by
execution of the Contract to pay all employees not less than the Federal minimum
wage and to abide by other requirements as established by the Congress of the
United States in the Fair Labor Standard Act as amended and changed from time
to time.
15.7 Other Employee Benefits. Conditions of employment shall be published and
conspicuously posted so all employees may be informed. The Contractor shall
furnish reasonable uniforms, rain gear and safety equipment.
15.8 Each vehicle operator shall at all times carry a valid Florida Commercial
Driver's License for the type of vehicle that is being driven.
15.9 The Contractor shall provide operating and safety training for all personnel.
15.10 The Contractor shall, whenever practical, employ its personnel who are
residents of Palm Beach County.
15.11 No person shall be denied employment by the Contractor for reasons of
race, sex, national origin, creed, age, physical handicap, or religion.
15.12 Contractor shall maintain a Drug Free Workplace policy.
16. CONTRACTOR'S OFFICE
21
16.1 The Contractor shall provide at his expense, a suitable office located within
reasonable proximity to the Village. The Contractor shall maintain and adequately
staff a local customer service center and toll-free telephone number where
complaints shall be received, recorded and handled during normal working hours
of each week and shall provide for prompt handling of emergency complaints
and all other calls.
16.2 Notification to Customers. The Contractor shall notify all customers in writing
about complaint procedures, rates, regulations, and the days of collection.
ARTICLE VI
CHARGES, RATES, AND LEVEL OF SERVICE
17. PAYMENT AND BILLING
17.1 Compensation. The Village shall pay the Contractor compensation for the
performance of the Contract, the sums due based on the unit prices as listed in
the Exhibit II, subject to any increases or deductions as provided under the
Contract. Contractor's Unit Price Schedule for all collections hereunder shall
include transportation costs. Contractor shall submit an invoice by the 10th of
each month for services rendered during the preceding month, and payments will
be made to the Contractor within 30 days upon receipt and verification of the
invoice submitted.
17.2 Billing Procedures. Billing arrangements for the various service types are
summarized as follows:
Service Type Customer Billed By
Solid Waste Collection
- Residential, including Mobile Homes Village
- Commercial Contractor
Vegetative Waste Collection
- Residential, including Mobile Homes Village
22
Recyclable Materials Collection
- Residential, including Mobile Homes Village
- Commercial Contractor
Container Rental
- Residential Contractor
- Commercial Contractor
On the first day of each month the Contract payment(s) for all services
hereunder shall be adjusted to correspond with the number of existing or new
buildings, and the demolition of old buildings. The adjustment made on the first
day of each month shall be for buildings either occupied or demolished during the
second month preceding the adjustments; for example, any change which is
made on June 1 of any year will be for buildings occupied or demolished in April of
the subject year. Any existing unit shall be considered unoccupied whenever the
Village has temporarily terminated water service, at the customer's request only.
Any new unit shall be considered to be occupied when a certificate of
occupancy has been issued and water service has been provided to the unit's
occupant(s). Proof of demolition shall be demolition permits issued by the Building
Division. The number of units shall be reviewed not less than semi-annually by the
Village and the Contractor. Any adjustment as a result of this review shall be
reflected on the next invoice from the Contractor. No adjustment shall be made
to prior months' invoices due to an incorrect count of units.
17.3 Disposal Costs. Residential and commercial solid waste disposal costs shall
be separated from residential and commercial collection service costs.
Residential disposal costs will be part of the special assessment billed by the Solid
Waste Authority of Palm Beach County except as otherwise provided in this
Agreement. The Contractor will be given a disposal credit for each residential unit
as calculated by the Solid Waste Authority; however, the Village agrees to bill new
units for the period of time the residence is not on the SWA's Role and reimburse
the Contractor monthly. The non-assessed portion of the commercial disposal
costs will be the responsibility of the Contractor to bill the commercial customers as
part of the service charge (see exhibit II) billed by the Contractor. The Contractor
shall pay the Authority for all solid waste disposal costs incurred for disposing of all
solid waste at the Authority's Disposal Facilities except for the portion of disposal
costs, which have been separately assessed by the Authority. Any changes in
non-assessed portion of commercial disposal costs will be reflected in the service
charge billed by the Contractor.
23
17.4 Unusual Changes or Costs. The Contractor may petition the Village to
adjust the rates in Exhibit II based upon unusual and unanticipated increases in the
cost of doing business, including but not limited to a change in law or regulation
("Change in Law"). Any such request shall be supported by full documentation
establishing the increase in operating costs and the reasons therefor. The Village
shall be entitled to audit the Contractor's financial and operational records directly
related to the Contractor's request in order to verify the increase in costs and the
reasons therefor.
"Change in Law" means (1) the adoption, or modification after the date of
this Agreement of any law, regulation, order, statute, ordinance, or rule that was
not adopted, promulgated, or modified on or before the date of this Agreement,
or (ii) the imposition of any material conditions in connection with the issuance,
renewal, or modification of any permit, license, or approval after the date of this
Agreement ,which in the case of either (I) or (ii) establishes requirements affecting
the Contractor's operation under this Agreement more burdensome than the
requirements that are applicable to Contractor and in effect as of the date of this
Agreement. A change in any federal, State, county, or other tax law or workers
compensation law shall not be a Change of Law. However, in the event that a
federal, state or local entity imposes a fee, charge or tax after the date of this
Agreement that applies to Contractor's operations per se, such fee, charge or tax
shall be treated as a Change in Law.
The Contractor's request must be made within ninety (90) days of the
occurrence of such unusual change or cost, and shall contain substantial proof
and justification, as determined by the Village Manager, to support the need for
the rate adjustment. The Village may request from the Contractor, and the
Contractor shall provide, such further information as may be reasonably necessary
in making its determination. The Village shall approve or deny the request, in
whole or in part, within sixty (60) days of receipt of the request and all other
additional information required by the Village.
17.5 Consumer Price Index and other Adjustments.
Compensation payable to the Contractor for collection services shall be
adjusted upward or downward annually to reflect 100~a of the change in the
consumer price index for all urban consumers for the South, all items, 1982-84
equals 100, as published by the U.S. Department of Labor, Bureau of Labor
Statistics (CPI). Should the CPI be discontinued or substantially modified, then an
alternate index shall be chosen by mutual agreement of the Village and the
Contractor. Beginning on October 1, 2008 and on each October 1St thereafter,
the foregoing rates shall be adjusted to reflect the increase or decrease in the CPI
24
for the immediately preceding twelve (12) month period of June to June. The CPI
adjustment will be applied to 90~° of the collection component of the rate.
The Contractor shall, on an annual basis, adjust the applicable rate charged
to reflect any change in the cost of diesel fuel as determined by reference to the
Energy Information Administration of the U.S. Department of Energy (EIA/DOE)
website that reports average prices of diesel fuel for the "Lower Atlantic" United
States. The link to their website is
http://tonto.eia.doe.gov/ooq/info/wohdq/diesel.asp. After determining the
average price of diesel fuel from the aforesaid website the corresponding fuel cost
modifier will be calculated pursuant to the following table. The fuel adjustment will
be applied to 10% of the collection component of the rate.
Waste Management -Village of Tequesta
Fuel Surcharge Table
TABLE FOR FUEL SURCHARGE CALCULATION
Avera ePrice/ Gallon Percent of
Surchar e
Avera e Price/ Gallon Percent of
Surchar e
$ 1.824 to $ 1.914 -10.0% ' $ 3.234 to $ 3.333 3.0%
$ 1.915 to $ 2.005 -9.0% $ 3.334 to $ 3.433 4.0%
$ 2.006 to $ 2.096 -8.0% $ 3.434 to $ 3.533 5.0%
$ 2.097 to $ 2.187 -7.0% $ 3.534 to $ 3.633 6.0%
$ 2.188 to $ 2.278 -6.0% $ 3.634 to $ 3.733 7.0%
$ 2.279 to $ 2.369 -5.0% $ 3.734 to $ 3.833 8.0%
$ 2.370 to $ 2.460 -4.0% $ 3.834 to $ 3.933 9.0%
$ 2.461 to $ 2.551 -3.0% $ 3.934 to 4.033 10.0%
$ 2.552 to $ 2.642 -2.0% $ 4.034 to $ 4.133 11.0%
$ 2.643 to $ 2.733 -1.0% ' $ 4.134 to $ 4.233 12.0%
2.34 to ' 2.833 0.0% $ 4.234 to $ 4.333 13.0%
2:834 to 2.933 0:0% $ 4.334 to $ 4.433 14.0%
2.934 to' 3.033 0.0% $ 4.434 to $ 4.533 15.0%
$ 3.034 to $ 3.133 1.0% $ 4.534 to $ 4.633 16.0%
$ 3.134 to $ 3.233 2.0% $ 4.634 to $ 4.733 17.0%
http://tonto.eia.doe.gov/oog/info/wohdp/diesel.asp
Weekly Retail On-Highway Diesel Prices
Lower Atlantic - 07/16/07
25
17.6 Level and Type of Service for Collection of Other Wastes. Where the
Contractor agrees to collect Special Waste or Sludge, a written agreement
between the Contractor and the customer shall be entered into regarding the
level and type of service to be provided, at a rate to be negotiated between the
parties involved. However, upon failure of the parties to reach such an agreement
for commercial services only, either party may apply to the Village Manager, who
shall establish the level and type of services to be provided, including the area of
the container and number of pickups per week. All such collection and disposal
for those types of waste in this section, when done by the Contractor, shall be in
strict compliance with all Federal, State, and Local laws and regulations.
17.7 Other Considerations.
(1) No additional customer charges will be imposed for services
described in this Agreement.
(2) For purposes of this Agreement the commercial solid waste disposal
conversion factor is presently 134 pounds per cubic yard and based on the current
tipping fee of $28.00 per ton which may change from time to time and upon
completion of commercial waste generation study conducted by the Solid Waste
Authority of Palm Beach County, the conversion factor/tipping fee may be
adjusted accordingly.
(3) Contractors are required to containerize waste on the respective job
site(s) utilizing a Waste Management, Inc. of Florida container.
ARTICLE VII
CONTRACT PERFORMANCE/PENALTIES/DEFAULT
18. CONTRACT PERFORMANCE
18.1 The Contractor's performance of the Contract shall be supervised by the
Village Manager or his/her designee. If at any time during the life of the
Agreement, performance reasonably satisfactory to the Village Manager or
his/her designee shall not be made, the Contractor, upon notification by the
Village Manager or his/her designee shall increase the force, tools and equipment
26
as needed to properly perform the Contract. The failure of the Village Manager or
his/her designee to give such notification shall not relieve the Contractor of his
obligation to perform the work at the time and in the manner specified by the
Agreement.
18.2 The Contractor shall furnish the Village Manager or his/her authorized
representative with every reasonable opportunity for ascertaining whether or not
the work as performed is in accordance with the requirements of the Contract.
18.3 The Village Manager may appoint qualified persons to inspect the
Contractor's operation and equipment at any reasonable time, and the
Contractor shall admit authorized representatives of the Village to make such
inspections at any reasonable time and place.
18.4 The failure of the Village at any time to require performance by the
Contractor of any provision thereof shall in no way affect the right of the Village
thereafter to enforce same. Nor shall waiver by the Village of any breach of
provisions hereof taken or held to be a waiver of any succeeding breach of such
provision or as a waiver of any provision itself.
19. COOPERATION/COORDINATION
19.1 The Village and its authorized representatives shall be permitted free access
and every reasonable facility for the inspection of all work, equipment and
facilities of Contractor.
19.2 The Contractor shall cooperate with authorized representatives of the
Village in every reasonable way in order to facilitate the progress of the work
contemplated under this Contract. He shall have at all times a competent and
reliable English speaking representative on duty authorized to receive orders and
to act for him in the case of his absence.
20. COMPLAINTS AND COMPLAINT RESOLUTION
20.1 Office. The Contractor shall establish an office within reasonable proximity
to the Village where complaints can be received. The office shall be equipped
with sufficient telephones with at least one local phone number, and shall be open
during normal business hours, 8:00 o'clock a.m. to 5:00 o'clock p.m., Monday
through Friday. An emergency after hour's telephone number and contact will be
provided to the Village Manager or his/her designee.
27
20.2 Complaints. The Contractor shall prepare and maintain, in accordance with
a format and method approved by the Village, a register on all complaints, and
shall indicate thereon the disposition of each complaint. Such record shall be
available for Village inspection at all times during business hours. The form shall
indicate the day and hour on which the complaint was received and the day and
hour on which it was resolved. Normal complaint resolution shall occur within 24-48
hours. When a complaint is received after 12:00 o'clock noon on the day
preceding a holiday, or on a Saturday, it shall be serviced no later than the next
working day. A monthly listing of all the complaints filed of both residential and
commercial and their disposition shall be mailed monthly to the Village Manager.
All disputes regarding service shall be handled by the Manager and his/her
decision shall be final. Valid monthly complaints should not exceed 1% of
customers served, nor a total of 2% per year. A fine of $50.00 per valid customer
complaint exceeding these percentages may be assessed against the Contractor.
Disputes shall be referred to the Village Manager and his/her decision shall be
final.
20.3 Disputes About Collection of Certain Items. It is recognized that disputes
may arise between the Village and Contractor with regard to the collection of
certain items due to disputes over the specific language of the Contract. The
Village Manager may from time to time notify the Contractor by telephone to
remove all such refuse. Should the Contractor fail to remove the refuse within
twenty-four (24) hours from time of notification, the Village will do so and all costs
incurred by the Village shall be deducted from compensation due the Contractor.
Notice of the amount deducted shall be given to the Contractor. If it is reasonably
determined that disputed refuse did not conform to contract specification, the
Contractor shall be entitled to additional compensation for removal.
21. DEFAULT AND DISPUTE OF THE AGREEMENT
It shall be the duty of the Village Manager or his/her designee to observe
closely the Contractor's services pursuant to the Contract. Material breach of the
contract shall be caused if any of the following events of default occur and
material breach shall not be limited to said events of default.
21.1 The Contractor takes the benefits of any present or future insolvency statute,
or shall make a general assignment for the benefit of creditors, or file a voluntary
petition in bankruptcy, or a petition or answer seeking an arrangement for its
reorganization, or the readjustment of its indebtedness under the Federal
Bankruptcy laws or under any other law or statute of the United States, or any state
thereof, or consent to the appointment or a receiver, trustee, or liquidator of all or
substantially all of its property; or,
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21.2 By order or decree of a court, the Contractor shall be adjudged bankrupt,
or an order shall be made approving a petition filed by any of its creditors or by
any of the Stockholders of the Contractor seeking its reorganization or the
readjustment of its indebtedness under Federal Bankruptcy laws or under any law
or statute of the United States or of any state thereof; provided that, if any such
judgment or order is stayed or vacated within sixty (60) days after the entry
thereof, any notice of cancellation shall be and become null, void, and of no
effect; or,
21.3 By or pursuant to or under authority of any legislative act, resolution, or rule,
or any order or decree of any court of governmental board, agency, or officer
having jurisdiction, a receiver, trustee, or liquidator shall take possession or control
of all or substantially all of the property of the Contractor, and such possession of
control shall continue in effect for a period of sixty (60) days; or,
21.4 The Contractor shall voluntarily abandon, desert, or discontinue its
operations hereunder; or,
21.5 Any lien is filed against any premises in the Village because of any act or
omission of the Contractor and is not removed or the Village and landowner
adequately secured, by bond or otherwise, within ninety (90) days after the
Contractor has received written notice thereof; or,
21.6 The Contractor has abandoned, failed, or refused to perform or observe
each and every promise in the Contract, or has failed or refused to comply with
the instructions of the Village Manager relative thereto; and such default is not
cured within seven (7) days after receipt of written notice from the Village. If the
Contractor fails to so cure the default, the Village Manager shall so notify the
Village Council and a public hearing shall be set for a date within fifteen (15) days
of such notice. The Village Manager shall, not less than five (5) days prior to the
date of such hearing, notify the Contractor and the surety of the date and place
of the public hearing at which the Contractor shall be required to show cause why
the Contractor has not breached the terms of the Contract. Should the
Contractor fail to appear at the hearing or fail to show cause why it has not
breached the terms of the Contract to the reasonable satisfaction of the Village,
the Village shall declare a breach on the Contract and notify the Contractor and
the surety on the performance bond of such a declaration of breach, or authorize
the Village Manager to take such other action.
If the Contractor or his surety fails to cure such breach within a reasonable
time thereafter, then the Village may thereupon declare the Contract canceled.
29
Also, upon such a declaration of breach, all payments due the Contractor shall be
retained by the Village and applied to the completion of the Contract and to
damages suffered and expenses incurred by the Village by reason of such breach,
unless the surety on the performance bond shall assume the Contract, in which
event all payments remaining due to the Contractor at the time of breach, less
amount due the Village from the Contractor and less all sums due the Village for
damages suffered and expenses incurred by reason of such default, shall be due
and payable to such surety. Thereafter, such surety shall receive monthly
payments equal to those that would have been paid to the Contractor had said
Contractor continued to perform the agreement. If such surety fails to exercise
such option to cure, the Village may complete the Contract or any part thereof,
either by day labor or by reletting the Contract, and the Village shall have the right
to take possession of and use any or all of the vehicles, materials, equipment,
facilities, and property of every kind provided by the Contractor for the
performance of the Contract and to procure other vehicles of the same and to
charge the cost of the same to the Contractor, together with the costs incident
thereto. During such period, the liability of the Village to the Contractor for loss or
damage to such equipment so used shall be that of a bailee for hire, ordinary
wear and tear being specifically exempt from such liability. In the event the
Village completes the Contract at a lesser cost than would have been payable to
the Contractor under the Contract if the same had been fulfilled by said
Contractor, then the Village shall retain such difference. Should such cost to the
Village be greater, the Contractor shall be liable for and pay the amount of such
excess cost to the Village.
Any transfer or assignment of the responsibilities of the Contractor by the
surety must be approved by the Village. The Contractor shall be excused from
performance in cases of war, insurrection, riot, acts of God, or other causes
beyond the Contractor's control. For the purpose of this section, a strike shall be
considered within the control of the Contractor.
21.7 Except as otherwise provided in the Contract, any dispute concerning a
question of fact or of interpretation of a requirement of the Contract which is not
disposed of by mutual consent between the parties shall be decided by the
Village Manager, who shall reduce the decision to writing and furnish a copy
thereof to the parties. In connection with any dispute proceeding under this
clause the party shall be afforded an opportunity to be heard and to offer
evidence in support of its version of the facts and interpretation of the Contract.
The Village Manager shall make such explanation as may be necessary to
complete, explain or make definite the provisions of the Contract and the findings
and conclusions shall be final and binding on both parties. Pending the final
decision of a dispute, the Contractor shall proceed diligently with the performance
30
of the Contract in accordance with the preliminary directions of the Village
Manager.
The Contractor expressly recognizes the paramount right and duty of the
Village to provide adequate waste collection as a necessary government
function, and further agrees, in consideration for the execution of the contract,
that in the event the Village shall invoke the provisions of this section, Contractor
will either negotiate with the Village for an adjustment of the matter or matters in
dispute, or present the matter to a court of competent jurisdiction with venue in
Palm Beach County in an appropriate suit therefore instituted by the Contractor or
by the Village.
22. RIGHT TO REQUIRE PERFORMANCE
The failure of the Village at any time to require performance by the
Contractor of any provisions hereof shall in no way affect the right of the Village
thereafter to enforce the same, nor shall waiver by the Village of any breach of
any provision hereof be taken or held to be a waiver of any succeeding breach of
such provisions, or as a waiver of any provision itself.
ARTICLE VIII
GENERAL, FINANCIAL AND INSURANCE REQUIREMENTS
23. PERMITS AND LICENSES
The Contractor shall obtain, at its own expense, all permits and licenses
required by law or ordinances and maintain the same in full force and effect.
24. TITLE TO WASTE
The Village reserves the right at all times to hold title and ownership to all
Refuse, Vegetative Waste or Recyclable Materials collected by the Contractor.
25. SUBCONTRACTORS, ASSIGNMENT AND CHANGE OF CONTROL
The contractor currently uses a subcontractor for clamshell service. A fist of
subcontractors will be provided to the Village. Contractor shall make no
assignment of its rights or obligations under the Contract without first obtaining the
written consent of the Village, which may be granted or withheld in its sole
discretion.
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26. BONDS AND SURETIES
26.1 Performance Bond. The Contractor shall furnish a performance bond in the
form attached to these Specifications as security for the performance of the
Contract with the Village of Tequesta. Said performance bond will be the greater
of $300,000 or the annual amount of the executed Contract as calculated at
award and adjusted yearly on the anniversary date of the Contract, to remain in
force for the duration of the Contract. The premium for the performance bond
described above shall be paid by the Contractor. The performance bond shall be
written by a surety company licensed to do business in the State of Florida with an
A.M. Best Financial Rating of A Class VI or higher for the most current calendar year
available.
26.2 Requirements as to Surety. The Surety or Sureties shall be a company or
companies satisfactory to the Village. Any Surety shall be required to have a
resident agent in the State of Florida and shall be duly licensed to conduct
business therein. The requirement of Florida resident agent may be waived by the
Village if evidence satisfactory to the Village is provided that applicable
requirements have been met to permit service of process on a State official under
State law.
27. INSURANCE REQUIREMENTS
27.1 Contractor Insurance. During the life of the Contract, the Contractor shall
procure, maintain and provide the Village with certificates of insurance as
evidence of the insurance required under this Section 28. The Village shall be an
additional insured (except on Worker's Compensation) on this insurance with
respect to all claims arising out of the operations or work to be performed.
Cancellation or modification of said insurance shall not be effected without thirty
(30) days prior written notice to Village.
Except as otherwise stated, the amounts and types of insurance provided by
the Contractor shall conform to the following minimum requirements:
27.1.2 Worker's Compensation. The Contractor shall provide and maintain during
the life of the Contract, at his own expense, Workers Compensation Insurance
coverage to apply for all employees for statutory limits in compliance with the
applicable state and federal laws. In addition, the policy must include employers'
liability insurance in an amount not less than $100,000 each accident, $100,000 by
disease and $500,000 aggregate by disease. If any operations are to be
undertaken on or about navigable waters, coverage must be included pursuant
to the Longshoremen and Harbor Workers Act and the Jones Act.
32
27.1.3 Comprehensive General Liability. The Contractor shall provide and maintain
during the life of the Contract, at his own expense Comprehensive General
Liability Insurance. Coverage must be afforded on a form no more restrictive than
the latest edition of the Comprehensive General Liability Policy filed by the
Insurance Services Office and must include:
Minimum limits of $l, 000,000 per occurrence combined single limit for bodily
injury liability and property damage liability.
Premises and/or operations.
Independent contractors.
Products and/or completed operations.
The contractual coverage must specify that it covers the Hold Harmless
Agreement which is part of this contract.
27.1.4 Business Automobile Policy. The Contractor shall provide and maintain
during the life of the Contract, at his own expense, Comprehensive Automobile
Liability Insurance. Coverage must be afforded on a form no more restrictive than
the latest edition of the Business Auto Policy filed by the Insurance Services Office
and must include:
Minimum limits of $1,000,000 per occurrence combined single limit for bodily
injury liability and property damage liability.
Owned vehicles.
Hired and non-owned vehicles.
Employer's non-ownership. The contractual coverage must specify that it
covers the Hold Harmless Agreement which is part of this Contract.
27.1.5 Umbrella Liability. In addition to the above limits, the Contractor shall
provide at least a $5,000,000 umbrella or excess liability insurance policy.
27.2 Certificate of Insurance. Certificates of all insurance required from the
Contractor shall be subject to the Village's approval of adequacy and protection.
Certificates from the insurance carrier stating the types of coverage provided,
limits of liability, and expiration dates, shall be filed with the Village before
33
operations are commenced. The required certificates of insurance shall not only
name the types of policies provided, but shall also refer specifically to this
agreement and section and the above paragraphs, in accordance with which
such insurance is being furnished, and shall state that such insurance is as required
by such paragraphs of the Contract. If the initial insurance expires prior to the
completion of the work, renewal certificates shall be furnished, in ten (10) days
prior to expiration, and shall state that such insurance is as required by such
paragraphs of this agreement.
28. COMPLIANCE WITH LAWS AND REGULATIONS
The Contractor hereby agrees to abide with all applicable Federal, State
and local laws and regulations. It is understood that the Village has ordinances for
effecting a solid waste control program. It is the responsibility. of the Contractor to
become familiar with such ordinances, and it is understood that, if any provisions of
said ordinances are in conflict with the conditions of the Contract, the ordinances
shall be the governing factor for performances of the Contract.
29. INDEMNIFICATION
The Contractor shall defend, indemnify, save harmless, and exempt the
Village, its officers, agents, servants, and employees from and against any and all
suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and
attorneys fees resulting from injury to or death of persons or damage to property
arising out of or resulting from the Contract or from work done by the Contractor in
the performance of the Contract except to the extent caused by the negligence
of or breach of contract by the Village. In connection with any legal proceedings
arising hereunder, the Village reserves the right to retain counsel of its choice and
at its own expense, or, in the alternative, approve counsel obtained by the
Contractor.
30. BOOKS AND RECORDS
The Contractor shall maintain separate records of accounts, complaints,
routes and other contract information specific to the Village of Tequesta's
contract area.
The Village shall have the right to review all records that pertain to the
Contract which are maintained by the Contractor upon three (3) days' prior
written notice.
31. NOTICES
34
Any notice required hereunder shall be in writing and delivered in person, by
telecopy or by certified mail to either party at its business address shown herein.
32. TERMINATION
The Contract may be terminated by the Village, with cause, upon sixty (60)
days written notice to the Contractor, or after such shorter notice and cure period
as may be specified hereunder. In the event the Contract is terminated as
provided herein, the Contractor shall be reasonably compensated for services
rendered to the effective date of such termination, as mutually agreed upon.
33. WAIVER:
The waiver of any breach of any provision hereunder by either party shall
not be deemed to be a waiver of any preceding or subsequent breach
hereunder.
34. GOVERNING LAW:
This agreement- shall be construed in accordance with the laws of the State
of Florida. Venue shall be in Palm Beach County.
35. SEVERABILITY:
If any paragraph, section, sentence, clause or phrase contained in this
Agreement shall become illegal, null or void or against public policy, for any
reason, or shall be held by any court or administrative body of competent
jurisdiction to be illegal, null or void or against public policy, the remaining
paragraphs, sections, sentences, clauses or phrases contained in this Agreement
shall not be affected thereby.
35
36. Force Majeure:
If either party is prevented from or delayed in performing its duties under this
Agreement by circumstances beyond its control, whether or not foreseeable,
including, without limitation, fires, typhoons, hurricanes, severe weather, floods,
volcanic eruption, pandemics, quarantines, war, civil disturbances, acts of
terrorism, labor disputes, acts of God, or significant threats of such circumstances,
or any future laws, rules, regulations, orders, or acts of any local, state, federal, or
provincial government ("Force Majeure"), then the affected party shall be
excused from performance hereunder during the period of such disability. The
party claiming Force Majeure shall promptly notify the other party when it learns of
the existence of a Force Majeure condition and when the Force Majeure
condition has terminated. Notwithstanding anything in this Agreement to the
contrary, the term "Force Majeure" does not include and a Party shall not be
excused from performance under this Agreement for events relating to increased
costs, including, without limitation, increased costs of fuel, labor, insurance or other
expenses of performing the Services hereunder.
36
37. ENTIRE AGREEMENT:
This Agreement constitutes the entire Agreement between the parties
relating to the subject matter hereof, and supersedes any oral or written
representations, assurances, claims or disclaimers made either prior to or
simultaneous with the execution hereof. This Agreement may be amended only
by an instrument in writing signed by both parties.
IN WITNESS HEREOF, the Village and Contractor have set their hands and seals on
the day and year first above written to this Agreement and three counterparts,
each of which shall constitute an original.
Village of Tequesta
Waste Management, Inc. of Florida
Village Manager u' President
A
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Village Attorney
By:
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Approvea as to Corm
EXHIBIT I
MUNICIPAL COLLECTION AND DISPOSAL SERVICE
Municipal Collection Service
The Contractor will provide containers and garbage receptacles to be
serviced by the Contractor in the following Village-owned or controlled areas.
Location/Site Address
Village Hall 345 Tequesta Drive
Public Safety 357 Tequesta Drive
Tequesta Park 2280 County Line Road
Constitution Park/ Recreation Center 399 Seabrook Rd.
Public Service Center 136 Bridge Road
Village Water Plant Old Dixie Highway
SPECIAL EVENTS
A maximum of eight (8) special events annually sponsored by the Village
which requires refuse and sanitation services such as:
Village Concerts, Holiday events, Beach Clean ups, Youth Programs
38
EXHIBIT II
REFUSE, MULTI-MATERIAL RECYCLING AND
VEGETATIVE WASTE COLLECTION RATES
SECTION 1: Residential Solid Waste, Recycling and Vegetative Waste Collection
Service
The monthly residential rate per dwelling unit for collection prescribed in the
attached Agreement shall be as shown below:
Unit Cost
Per Month
Hand Serviced Single Family Residences
Solid Waste Curbside -two (2) times per week $6.48
Vegetative Curbside -two (2) times per week $2.16
Recycling Curbside -one (1) time per week $2.28
Hand Serviced Single Family Residential Total Monthly Cost $10.92
Hand Serviced Multiple Dwelling Units
Solid Waste Curbside -two (2) times per week $6.48
Vegetative Curbside -two (2) times per week $2.16
Recycling Curbside -one (1) time per week $2.28
Hand Serviced Multi-Family Residential Total Monthly Cost $10.92
Hand Serviced Mobile Home Units
Solid Waste Curbside -two (2) times per week same as single
Vegetative Curbside -two (2) times per week family
Recycling Curbside -one (1) time per week
Hand Serviced Mobile Home Residential Total Monthly Cost $10.92
39
Multiple Dwelling Units Serviced by Mechanical Containers
(Units requiring service which exceeds the twice per week base level)
Solid Waste Containerized $7.04 per cubic yard
Solid Waste Back Door Carry-Out Rates
Disability, Certified by Doctor
Unlimited Solid Waste Only
N/C
negotiated with customer
Per month rate
Customers may own or rent Mechanical Containers.
SECTION 2: Commercial Collection Service
Unit Cost per Cubic Yard
Solid Waste 8~ Recycling Collection Services
(includes container rental and ancillary services)
Non-Rolloff Compactor Collection
$7.04*
$10.92*
*The above rate is a fixed rate per yard for collection only. Actual customer prices
for various container sizes and frequency of service may be calculated as follows:
Container size X frequency of collection per week X collection rate per
cubic yard X 4.33 weeks per month plus the non-assessed disposal costs based on
134 pounds per cubic yard X the current tipping fee (PBCSWA) of $28.00 per ton or
$1.88 per cubic yard.
40
EXHIBIT III
HURRICANE/DISASTER DEBRIS REMOVAL, REDUCTION AND DISPOSAL REQUIREMENTS
The provisions of this Exhibit III are applicable only to the extent that the Contractor
and Village enter into a separate written agreement for disaster debris removal
and then only to the extent such provisions are mutually accepted by the parties.
1. BACKGROUND
The Solid Waste Authority of Palm Beach County ("Authority"), a special
district created by Chapter 75-473, Laws of Florida, has developed a debris
management plan ("Plan") that describes the general needs and
approaches for handling large volumes of debris after a major disaster. It
provides general information on debris classifications, local hauling, and
disposal capabilities and capacities, and considerations for temporary
debris management sites. That Plan will provide general guidance for the
Contractor and it shall become familiar with the Plan and its applicability to
the Village's debris management requirements.
The Authority's disaster recovery planning includes considerations for
removing and processing the volumes and types of debris to be generated
by a major disaster such as a hurricane and the procedures for disposing of
that debris. The planning approach is formulated in part on the concept of
strategic planning and pre-positioning of resources necessary for timely
coordinated recovery operations, including removal of debris from public
property and right-of-ways throughout Palm Beach County using a
combination of county, municipal, and contractor forces.
The Authority envisions the need for multiple contracts to carry out the
debris removal and disposal work throughout Palm Beach County based on
a Category 4 Hurricane. The cities are responsible to collect debris in their
jurisdictions. The cities may use the Authority's temporary or permanent
debris storage and reduction sites or other approved sites to dispose of the
debris.
The Authority has selected a Category 4 wet hurricane that impacts the
entire county with equal intensity as its planning standard. The worst case
debris volume anticipated from such a storm impacting the entire county
with equal intensity is approximately 12 million cubic yards. This estimated
debris volume is a planning figure that was used in determining the
maximum land area requirements for debris management sites and other
resource needs. It is not a fixed quantity for the purpose of contractual
41
obligations. The actual volume of debris may be greater than or less than
12 million cubic yards, and probably will, be considerably less.
The Authority's goal is to complete the debris removal and disposal process
in 90 days. This assumes that the entire area of the county will be
accessible within that period. Due to the low elevation and potential for
flooding, some areas might be inaccessible for several weeks after a major
natural disaster.
2. CONTRACTOR GENERAL REQUIREMENTS
The Contractor shall provide all expertise, effort, personnel, materials, and
equipment, including recovery management support (e.g., reimbursement
documentation and substantiation) necessary for the timely removal and
lawful disposal of all debris (except hazardous materials) generated by
disasters that impact the Village. The Contractor shall provide for the cost-
effective and efficient removal and lawful disposal of debris accumulated
and deposited on public property, Village streets, roads and other rights-of-
way, and any other Village facility or site as may be directed. Services shall
be performed on an "as needed" basis when directed by the Village. For
planning purposes, the Contractor shall assume that the total volume of
debris from a wet Category 4 Hurricane may be from 650,000 to 700,000
cubic yards based on the Authority's modeling efforts. Actual volumes of
debris may be more or less depending on the magnitude of the hurricane.
The Contractor shall determine the method and manner of debris
removal, reduction and disposal that provide the greatest economy
of operations and cost savings to the Village. The Contractor shall
present to the Village for review and discussion General Operations
and Action Plans along with sufficient supporting documentation to
adequately describe all planned actions for disaster debris removal
and lawful disposal, including names, addresses and phone numbers
of key management and subcontractors personnel involved in
implementing the plan. The Contractor shall agree to execute this
plan, after Village acceptance, with all manners of contingencies
recognized, when authorized by the Village. This plan shall be
submitted and revised annually by May 1st of each year.
The Contractor shall be responsible for the timely removal and lawful
disposal of debris, except hazardous materials, from:
1) Village, County and FDOT streets, roads, and rights-of-way within
Village limits;
2) public property and facilities;
3) any other Village facility or site as may be directed; and, private
property when necessary to protect the public or to facilitate
completion of required work, provided that entry onto private
42
property is specifically authorized by the Village. (The Village will
secure written permission from the owner).
The Contractor shall be responsible for coordinating operations in such
a manner as to least interfere with the work of local utility company
crews. The Village reserves the right to approve or disapprove all
subcontractors used by the Contractor.
When a major disaster occurs or is imminent, the Village Manager or
designee will contact the Contractor to advise them of the Village's
intent to activate the contracts for removal and disposal of disaster
debris. Contractor will be responsible for determining the method and
manner of all debris removal and lawful disposal operations. Disposal
of debris will be at lawful sites that are closest to the Village to
minimize cost. The Contractor will be responsible for the lawful
disposal of all debris and debris-reduction by-products. Within 12
hours of receiving the written Notice to Proceed, Contractor will send
a management team to the Village to begin planning for the
operations and mobilizing the personnel and equipment as necessary
to perform the work.
WORKFORCE CAPACITY
Contractor affirms that it has the capacity to manage a major
workforce with multiple subcontractors and to cover the expenses
associated with a major recovery operation prior to the initial Village
payment and between subsequent payments, as well as the capacity
to provide the necessary bonds and insurance. The Contractor has
an established management team, an established network of
resources to provide the necessary equipment and personnel,
comprehensive debris removal and volume reduction operations, and
demonstrated experience in disaster recovery projects. Furthermore,
the Contractor affirms that both corporate and individuals are fully
licensed and certified for the type of work to be performed in the
State of Florida.
CURBSIDE SEGREGATION
Curbside segregation of debris and disaster-generated or related
wastes will be the responsibility of the Contractor. The debris removal
and disposal Contractor will be required to aid in the segregation and
waste stream management processes. Any Household Hazardous
Waste ("HHW") encountered by the debris removal is to be set aside.
HHW disposal will be the responsibility of the resident. The Village will
consult with the Authority to designate HHW drop-off locations. The
following items are considered HHW for the purpose of this contract:
43
Used Oil
Batteries
Paint
Aerosol spray cans
Pesticides
Antifreeze
Fluorescent light bulbs
Propane tanks (household size)
The Contractor may be required to set up a lined containment area
for temporary storage of large quantities of HHW pending designation
of HHW drop-off locations.
Commercial and industrial hazardous waste such as chemicals, gas
containers, transformers, and any other form of hazardous or toxic
matter will be set aside for collection and disposal by a Hazardous
Materials Removal and Disposal Contractor utilized by the Solid Waste
Authority of Palm Beach County.
AUTHORIZATION OF WORK
Specific work authorizations by the Village will be through written Task
Orders. Task Orders will define the job to be accomplished, location
of job, time-frame for completion, etc. Any job rates not covered by
the Solid Waste Authority of Palm Beach County Hurricane/Disaster
Debris Removal, Reduction and Disposal Contracts will be negotiated.
The Village reserves the right to extend operations on a weekly basis.
Each Task Order will be uniquely and sequentially numbered.
The Contractor is authorized to work during daylight hours up to 10
hours per day, 7 days per week. Any deviations from this schedule will
require Village approval. The Contractor shall be responsible for
determining what permits are necessary to perform under the
contract. Copies of all permits shall be submitted to the Village
Manager or his designee prior to issuance of the first Task Order.
The Contractor shall conduct the Work so as not to interfere with the
disaster response and recovery activities of the federal, state and
local governments or agencies, or of any public utilities
MEASUREMENT OF QUANTITIES
Payment for debris hauled will be based on the quantity of debris
hauled in cubic yards or yard/miles depending on where the debris is
taken. Debris hauled to a debris management site will require a
validated load ticket. Drivers will have available load tickets at the
44
loading site which will be signed by a Village loading site monitor. The
quantity of debris hauled will be estimated in cubic yards at the debris
management site by an Authority debris management site monitor.
The estimated quantity will be recorded on the load ticket. The
Authority debris management site monitor will retain one copy of the
load ticket and the driver will retain two copies of the load ticket.
Debris being hauled to a permanent landfill will be paid based on
yard-miles recorded on an approved load ticket. Payment will be
made against the Contractor's invoice once site monitor and
contractor load tickets and/or scale tickets match. A sample load
ticket is attached. Contractor shall print (at his expense) the required
number of load tickets and have them available within 30 days of this
contract amendment execution.
45
-SAMPLE-
(Insert City Name Here)
LOAD TICKET
Ticket Number: 000001
Contract Number:
Contractor's Name:
Driver's Name 8~ Driver's Licenses Number:
Truck License Number:
Pickup Site Location:
Time:
Debris Classification:
Burnable (Clean Woody Debris)
Non-Burnable (Treated Lumber, Metals,
C&D)
Mixed (Burnable and Non-Burnable)
Other (Define)
Printed Name of Loading Site Monitor:
Signature:
Debris Disposal Site Location:
Time:
Estimated Quantity of Debris on Truck"
Cubic Yards
Printed Name of Disposal Site Monitor:
Signature:
Remarks:
The Village shall have the right to inspect all debris removal operations of the
Contractor and to verify quantities of debris at any time. The Contractor shall keep
46
detailed written daily records and supporting documentation of the Work,
specifically including a "Daily Report" describing the Work performed and the
debris removed pursuant to the Contract. The records of the Contractor must at a
minimum satisfy the required report and record keeping requirements of the
Federal Emergency Management ("FEMA") necessary for the reimbursement of
the reasonable costs and expenses of this Contract by FEMA to the Village. In
addition, each truckload of debris must be accurately measured and numbered
and a "Debris Load Ticket" shall be prepared by the Contractor which shall
contain at a minimum the following information:
1. The Load Ticket Number;
2. Contractor's Name;
3. Date of truckload;
4. Quantity of debris measured by the cubic yard;
5. Truck Identification Number or License Tag Number;
6. Name of Truck Driver;
7. Classification of Debris (i.e., Vegetation, burnable, non-
burnable, mixed, other);
8. Location of Debris Removal;
9. Location of Debris Dumpsite;
10. Loading Time (debris site arrival time and departure
time)
1 1. Dumping Time (dumpsite arrival time and departure
time)
12. Name of Contract Monitor.
The Contractor shall provide the Village with two copies of the
completed
Load Tickets, and shall retain at least one copy for the Contractor's
records. The Contractor shall submit the Daily Report to the Village
each day during the term of the Contract, which Daily Report shall
contain the following minimum information:
1. Contractor's name
2. Crew Members Names
3. Location of Work
4. Date of report
5. Daily and cumulative totals of debris removed.
Discrepancies between the daily report and the Debris Load Tickets will be
reconciled no later than the following day. The Contractor shall coordinate with
the dumpsite operator to facilitate effective dumping operations. All trucks used
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to haul debris must be capable of rapidly dumping its load without the assistance
of other equipment; be equipped with a tailgate that will effectively contain the
debris during transport and permit the truck to be filled to capacity; and measured
and marked for its load capacity. Under no circumstances shall the Contractor
mix debris hauled for third parties with debris hauled pursuant to this Agreement.
The Contractor shall assist the Village in completing any and all forms necessary for
reimbursement from state or federal agencies, including, but not limited to, the
Federal Emergency Management Agency (FEMA) relating to costs arising out of
debris management effort.
EQUIPMENT
All trucks and equipment must be in compliance with all applicable federal,
state, and local rules and regulations. Trucks used to haul debris must be
capable of rapidly dumping their load without the assistance of other
equipment, be equipped with a tailgate that will effectively contain the
debris during transport that will permit the trucks to be filled to capacity.
Cyclone fence may be used as temporary tailgates if they comply with the
following specifications:
Fencing must be permanently attached to one side of the truck bed.
After loading, the fencing must be tied to the other side of the truck
bed at two places with heavy gauge wire.
Fencing must extend to the bottom of the bed.
After loading, bottom of fencing shall be tight against the bed of the
truck and secured at a minimum of two locations.
Solid iron metal bard must be secured to both sides of the fencing.
The Contractor shall submit to the Village certifications indicating the type of
vehicle, make and model, license plate number, equipment number, and
measured maximum volume, in cubic yards, of the load bed of each piece
of equipment utilized to haul debris. The measured volume of each piece of
equipment shall be calculated from actual internal physical measurement
performed and certified by the Contractor. Maximum volumes may be
rounded up to the nearest cubic yard. The reported measured maximum
volume of any load bed shall be the same as shown on the signs fixed to
each piece of equipment. The Village reserves the right to re-measure
trucks at any time to verify reported capacity.
Sideboards, if installed, must be constructed of 2" x 6" boards or greater and
may not extend more than 2 feed above the metal bedsides. Once
installed all sideboard extensions must remain in place throughout the
operation, or the vehicle must be re-measured and remarked. All extensions
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to the bed are subject to acceptance or rejection by the Village's
Inspector.
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9
10
Trucks or equipment that are designated for use under this Contract shall not
be used for any other work during working hours. The Contractor shall not
solicit work from private citizens or others to be performed in the designated
Debris Management Zone during the period of this contract. Under no
circumstances will the Contractor rnix debris hauled for others with debris
hauled under this Contract.
Should hourly rates be used to pay for certain equipment then preventative
maintenance not in excess of fifteen (1 S) minutes in a normal workday will
be paid at the regular hourly rate. Preventative
resulting from equipment failure,
exceeds fifteen (15) minutes will
non-payment of that time will be
where delays occur. Preventative
maintenance to keep equipment i
extensive shop equipment. Fuelin
of preventative maintenance.
maintenance or down time
'n operating condition without the use of
g of equipment will be considered as part
routine maintenance and fueling that
be considered unacceptable work and
rounded off to the half hour of all hours
maintenance is defined as the usual field
SECURING DEBRIS
The Contractor shall be responsible for properly and adequately securing
debris on each piece of equipment utilized to haul debris. Prior to leaving
the loading site, the Contractor shall ensure that each load is secure and
trimmed so that no debris extends horizontally beyond the bed of the
equipment in any direction. All loose debris shall be reasonably compacted
during loading and secured during transport. Tarps or other coverings shall
be provided by the Contractor to prevent materials from falling or being
blown from the bed.
EQUIPMENT SIGNAGE
Prior to commencing operations, the Contractor shall affix to each piece of
equipment, signs or markings indicating the Contractor's name and a
unique equipment identification number. One sign shall be placed on each
side of the equipment. For those trucks, trailers and other equipment
intended to haul debris, the maximum volume, in cubic yards, of the load
bed shall also be shown. Signs shall be maintained in an easily readable
fashion for the duration of the work. Minimum litter size shall be 3" in height.
DEBRIS CLEARANCE (FOR ACCESS) FROM RIGHTS-OF-WAY AND PUBLIC
PROPERTY.
The Village intends to perform debris clearance for access with its own
forces. However, in a significant disaster, these resources may be insufficient
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to perform the clearance activities in a timely manner. The Contractor may
be requested to provide assistance, if needed, on a time and material basis
using the Solid Waste Authority of Palm Beach County's rate structure. When
the Village Manager or his designee requests this assistance, the Contractor
shall respond on a priority basis to that request within eight hours.
Clean-up, demolition, debris removal will be limited to that which is
determined to be in the interest of public safety and which is considered
essential to the economic recovery of the affected area. The Work shall
consist of the removal of damaged vegetation, damaged and fallen trees,
bushed and shrubs, broken and partially broken and severed tree limbs,
untreated structural timber, untreated wood products, brush, and the clean-
up and removal of such debris to an approved dumpsite.
Debris, including fallen trees, which extends from the Village right-of-way
onto private property, shall be cut at the point it intersects with the right-of-
way, and the part of the debris which lies within the Village right-of-way shall
be removed. The Contractor shall not enter upon any private property
without the prior written approval of the Village. Debris that is classified as
"household hazardous waste" shall not be transported under this Contract.
For purposes of this Agreement, the term "household hazardous waste" shall
include but not be limited to, petroleum products, paint products, known or
suspected hazardous materials such as asbestos, lead-based paint, and
electrical transformer removed by others.
1 l . OPERATIONS PLAN
The Contractor shall submit an Operations Plan by May 1, 2008 and update
at least annually by that date. The description must, at a minimum, include
the following:
A. A description of the method and manner of debris removal and lawful
disposal that will be employed for disaster generated debris. That plan
should demonstrate how the Contractor will satisfy the requirements of
debris removal, reduction and disposal for the Village.
1) A detailed description of the general sequence of debris removal
operations to be performed.
2) A detailed description of the resources (workforce and equipment) to
be employed along with the sources of those resources, i.e. a list of
subcontractors with whom the Contractor has agreements for post-
disaster support.
3) An estimate of the time required to complete the removal and
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lawful disposal of approximately 650,000 - 700,000 cubic yards of
debris with percentage distribution of 30~o clan woody debris and
70~ mixed construction and demolition (C8~D) debris based on a
Category 4 Wet Hurricane. Note that the goal allowable time for
completion of the removal and disposal operations is 90 days.
4) A description of how Contractor will ensure that all debris
management operations are performed in compliance with all
applicable regulations and permits.
5) A description of how the Contractor will concurrently with his debris
management operations, fulfill his responsibilities for refuse, multi-
material recycling and vegetative waste collection for the Village.
B. A description of the type of subcontracts to be utilized in performing
these services.
C. A summary of the Contractor's personnel that will be dedicated to the
contract. The summary must include the names of all members of the
project management team; their phone number and how they can be
contacted in an emergency; the number of management employees
that will be assigned to the Contract, job titles and responsibilities.
D. A description of the accounting and financial controls that will be
utilized in managing, monitoring and accounting for the resources to
be employed.
TAXES:
The sums above shall not include Florida sales or gross receipts tax. To the extent
applicable such taxes are to be paid directly by the Village of Tequesta. The
sums shall include all other taxes now in effect which may be applicable.
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