City of Satsuma Garbage Contract 2005
**Note: Any reference to personal garbage containers should be disregarded. The contract was bid for the distribution and use of new garbage containers provided by Waste Management. No other containers are allowed.**
GENERAL SPECIFICATIONS
1.00 GRANT
Contractor shall be granted the exclusive right to provide residential refuse collection, removal and disposal services within the corporate limits of the City, as specified and described in the Contract. Further, the Contractor is hereby granted a franchise, license and privilege within the territorial jurisdiction of the City and shall furnish all personnel, labor, equipment, trucks, and all other items necessary to provide Residential Refuse collection, removal and disposal services as specified and to perform all of the work called for and described in the Contract.
2.00 DEFINITIONS
2.01 Bags - Plastic sacks designed to store Refuse with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed 50 lbs.
2.02 Bin (Commercial/Industrial) - Metal receptacle designed to be lifted and emptied mechanically for use only at Commercial and Industrial Units.
2.03 Bulky Waste - Stove, water tanks, washing machines, furniture and other waste materials other than Construction Debris, Dead Animals, Hazardous Waste or Matter with weights or volumes greater than those allowed for Bin or Containers, as the case may be.
2.04 Bundle - Tree, shrub and brush trimmings or newspapers and magazines securely tied together forming a easily handled package not exceeding four feet in length, six inches in diameter, or 50 lbs. in weight.
2.05 Cart - A receptacle constructed of plastic or similar material mounted on wheels with a capacity not exceeding 95 gallons capable of being used in conjunction with a semi-automated waste collection system.
2.06 City - City of Satsuma, AL
2.07 Commercial and Industrial Refuse - All bulky Waste, Construction Debris, Garbage, Rubbish, and Stable Matter generated by a Producer at a Commercial and Industrial Unit.
2.08 Commercial and Industrial Unit - All premised, locations or entities, public or private, requiring Refuse collection within the corporate limits of the City not a Residential Unit.
2.09 Commercial Hand Collect Unit - A retail or light commercial type of business which generates no more than 8, 30-gallon bags of containers of refuse per week.
2.10 Construction Debris - Waste building materials resulting from construction, remodeling, repair or demolition operations.
2.11 Container - A receptacle with a capacity of greater than 20 gallons but less than 35 gallons constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting, and having a tight fitting lid capable of preventing entrance into the container by vectors. The mouth of a container shall have a diameter greater than or equal to that of the base. The weight of a Container and its contents shall not exceed 60 lbs.
2.12 Contract Documents - General Specification, and any addenda or any changes to the foregoing document agreed to by the City and the Contractor.
2.13 Contractor - The person, corporation, or partnership performing services under this Contract.
2.14 Dead Animals - Animals or portions thereof equal to or greater than 10 lbs. weight that have expired from any cause, except those slaughtered or killed for human use.
2.15 Disposal Site - A Refuse depository including but not limited to sanitary landfills, transfer stations, incinerators, and waste processing/separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive for processing or final disposal of Refuse and Dead Animals.
2.16 Garbage - Any and all dead animals of less than 10 lbs. in weight, except those slaughtered for human consumption; every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruit, grains or other animal or vegetable matter (including, but not by way of limitation, used tin cans and other food containers; and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents); except (in all cases) any matter included in the definition of Bulky Waste, Construction Debris, Dead Animals, Hazardous Waste, Rubbish or Stable Matter.
2.17 Hazardous Waste - Waste, in any amount, which is defined, characterized or designated as hazardous by the United States Environmental Protection Agency or appropriate State agency by or pursuant to Federal or State law, or waste, in any amount, which is regulated under Federal or State law. For purposes of this Contract, the term Hazardous Waste shall also include motor oil, gasoline, paint and paint cans.
2.18 Landfill- A facility used by the Contractor where trash and garbage are disposed of by burying between layers of earth.
2.19 Limbs - All tree trimmings, trees, shrub and unbound or non-containerized bush trimmings, and dead trees or breaches thereof.
2.20 Producer - An occupant of Commercial or Industrial Unit or a Residential Unit who generates Refuse.
2.21 Refuse - Residential Refuse and Bulky Waste, Construction Debris and Stable Matter generated at a Residential Unit, unless the context otherwise requires, and Commercial and Industrial Refuse.
2.22 Residential Refuse - All Garbage and Rubbish generated by a Producer at a Residential Unit.
2.23 Residential Unit - A dwelling within the corporate limits of the City occupied by a person or group of persons comprising not more than six families. A Residential Unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. A condominium or apartment dwelling, whether of single or multi-level construction, consisting of six units or less, shall be treated as a Residential Unit, except that each single-family dwelling within any such Residential Unit shall be billed separately as a Residential Unit.
2.24 Rubbish - All waste wood, wood products, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chip shavings, sawdust, printed matter, paper, pasteboard, rages, straw, used and discarded mattresses, used and discarded clothing, used and discarded shoes and boots, combustible waste pump and other products such as are used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweepings, glass, mineral or metallic substances, and any and all other waste materials not included in the definition of Bulky Waste, Construction Debris, Dead Animals, Garbage, Hazardous Waste or Stable Matter.
2.25 Stable Matter - All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock.
3.00 SCOPE OF WORK
3.01 General
a) The work under this Contract shall consist of the items contained in the Performance Standards, including all the supervision, materials, equipment, labor and all other items necessary to complete said work in accordance with the Contract.
b) In the event of a flood, tornado, inclement weather, or similar or different Act of God over which the Contractor has no control, the Contractor may suspend collection and the Contractor and the City will negotiate the payment to be made to the Contractor. In addition, the City agrees that such increased volume is to be handled by the Contractor at a negotiated rate. Further, if the City and The Contractor reach such an agreement, then the City shall grant the Contractor variances in routes and schedules as deemed necessary by the Mayor.
4.00 COLLECTION OPERATION
4.01 Service Provided
a) Contractor shall provide curbside collection service for Residential Units two times per week. Containers, Bags, and Bundles shall be place at curbside by 7:00 A.M. on the designated collection day.
b) Contractor shall provide for the special collection from Residential Units of Bulky Waste, Construction Debris and Stable Matter. Also, the Contractor shall from time to time provide for the special collection of Dead Animals at Commercial and Industrial Units and Residential Units upon such terms and conditions as Contractor shall specify.
c) Contractor shall provide transportation of collected Refuse to the landfill site for disposal, which responsibility is solely that of the landfill operator.
*d) The Contractor may market and provide Carts for rental to those Residential Units desiring such service. Cart rental fees are between Contractor and Customer and non-payment of such rental fees will not interfere with solid waste collection.
4.02 Location of Containers, Bags and Bundles for Collection
a) Residential Garbage, Rubbish and Bulky Waste shall be placed at curbside for collection on the designated collection days. Curbside refers to that portion of right-of-way adjacent to paved or traveled City roadways (including alleys). Garbage, Rubbish and Bulky Waste shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of-way, waste to be collected shall be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any Garbage, Rubbish or Bulky Waste not so placed.
*b) Residential Garbage will be bagged or containerized. Containers shall be not less than twenty (20) gallons nor more than thirty-five (35) gallons in capacity and be equipped with tight fitting covers and strong handles. Bags shall be tightly secured with bag ties.
c) Rubbish such as leaves, grass clippings, etc. will be bagged or containerized.
d) Bulky Waste will be placed in a neat pile and cut in lengths not to exceed six (6) feet. No single items in excess of sixty (60) pounds shall be collected by the Contractor.
e) The Contractor shall be responsible to collect and to dispose of not more than two (2) cubic yards of waste per customer per collection. Waste in excess of two (2) cubic yards will be collected on the next scheduled collection day.
f) Garbage, Loose Trash or Bulky Waste that does not conform to the specifications set forth in the contract documents will be appropriately tagged for special collection. Collection times and charges will be negotiated between Contractor and Producer. Contractor shall supply the City Clerks Office with the addresses of all tagged locations.
5.00 COLLECTION OPERATION
5.01 Hours of Operation
a) Collection of Residential and Commercial Hand-Collect Refuse shall not start before 7:00 A.M. Exceptions to collections hours shall be affected only upon the mutual agreement of the City and Contractor, or when Contractor reasonably determines that an exception in necessary in order to complete collection on an existing collection route due to unusual circumstances.
5.02 Routes of Collection
a) Residential Unit and Commercial Hand-Collect collection routes shall be established by the Contractor. The Contractor may from time to time propose to City for approval changes in routes or days of collection affecting Residential and Commercial Hand-Collect Units, which approval shall not be unreasonably withheld. Upon City's approval of the proposed changes City shall promptly give written or published notice to the affected Residential and Commercial Hand-Collect Units.
5.03 Holidays
a) The following shall be holidays for purposes of this Contract: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving day, and Christmas Day. Contractor may decide to observe any or all of the above mentioned holidays by suspension of collection service on the holiday, but such decision in no manner relieves Contractor of its obligation to provide Residential and Commercial Hand-Collect Refuse Collection service at least once per week.
5.04 Complaints
a) All complaints shall be made directly to the Contractor and shall be given prompt and courteous attention. In the case of alleged missed schedule collections, the Contractor shall investigate and, if such allegations are verified, shall arrange for the collection of the Refuse not collected within 24 hours after, the complaint is received.
5.05 Collection Equipment
a) The Contractor shall provide an adequate number of vehicles for regular collection services. All vehicles and other equipment shall be kept in good repair, appearance, and in a sanitary condition at all times. Each vehicle shall have clearly visible on each side the identity and telephone number of the Contractor.
b) Proposers shall also submit pricing to supply each resident with one industry standard 95 gallon cart and to service said cart contents on a regular schedule as defined. It shall be the contractor's responsibility to deliver these carts to each resident, as well as to maintain the carts in good operating condition. Normal wear and tear, such as cart cracks as well as wheel and lid replacement, shall be the sole responsibility of the contractor - however, damage due to negligence or intentional damage shall not be the contractor's responsibility. Contractor shall be obligated to replace, due to theft, only up a to a maximum of 2% of the total number of carts being utilized per year. After this number has been reached, the City, or the resident if the City so designates, shall be responsible to purchase additional carts from the contractor at current market pricing.
5.06 Office
a) The Contractor shall maintain an office or such other facilities through which they can be contacted. It shall be equipped with sufficient telephones and shall have a responsible person in charge from 8:00 A.M. to 5:00 P.M. Monday through Friday.
5.07 Hauling
a) All refuse hauled by the Contractor shall be contained, tied or enclosed so that leaking, spilling or blowing are reasonably prevented.
5.08 Disposal
a) All refuse collected for disposal shall be hauled to a Disposal Site.
5.09 Disposal Site
a) A Refuse depository including but not limited to sanitary landfills, transfer stations, incinerators, and waste processing/separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive and for processing or final disposal of Refuse or Dead Animals.
5.10 Notification
a) The City shall notify all Producers at Residential and Commercial Hand-Collect Units about complaint procedures, rates, and regulations for scheduled Refuse collection.
5.11 Point of Contact
a) All dealing, contacts, etc., between the Contractor and the City shall be directed by the Contractor to the Mayor or his/her designated Representative, and by the City to Contractor's District General Manager or his/her designated Representative.
6.00 COMPLIANCE WITH LAWS
The Contractor shall conduct operation under this Contract in compliance with all applicable laws, provided, however, the General Specifications of this Contract shall govern the obligations of the Contractor where there exists conflicting regulations of the City on the subject.
7.00 EFFECTIVE DATE
This contract shall become effective upon the execution hereof by all parties and upon such execution, shall be effective January 1, 2005.
8.00 NONDISCRIMINATION
The Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion, or national origin.
9.00 INDEMNIFY
The Contractor will indemnify and save harmless the City, its officers, agents, servants, and employees from and against any an all suits, actions, legal proceedings, claims, demands, damages, cost, expenses, and attorney's fees arising out of a willful or negligent act or omission of the Contractor, its officers, agent, servants, and employees; provided, however, that the Contractor shall not be liable for any suites, actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees arising out of a willful or negligent act or omission of the City, its officers, agents, servants and employees arising out of a claim that the City was not authorized to award this Contract or such was in conflict with the terms of a prior Contract executed by the City.
10.00 LICENSES AND TAXES
The Contractor shall obtain all licenses and permits (other than the license and permit granted by the Contract) and promptly pay all taxes required by the City and by the State.
11.00 TERM
The Contract shall be for a three (3) year period beginning January 1, 2005. This Contract will automatically extend for three (3) years unless either party gives written notice of termination by certified mail to the other party at least ninety (90) days prior to normal termination date.