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HomeMy WebLinkAboutMason County Garbage (2015)AGREEMENT BETWEEN MASON COUNTY AND Mason County Garbage Co., Inc. FOR REGIONAL RECYCLING DROP STATION PROGRAM INTRODUCTION This Agreement ("Agreement"), regarding servicing the MASON COUNTY RECYCLING DROP STATION PROGRAM, is entered into this day, September 1 of 2015, between Mason County ("County"), a political subdivision of the State of Washington, and Mason County Garbage Co., Inc. (Contractor). AUTHORITY TO MAKE AGREEMENT This Agreement is in furtherance of the county's authority to provide for public health, safety and welfare, and is consistent with the Washington State Constitution, Article XI, Section 11, RCW 70.95 and provides a program for the collection of recyclable material by voluntary drop- off throughout the County. PROCESS The County undertook a process in accordance with Chapter 36.58.090 RCW to select a firm to service the recycling drop stations in Mason County. The County determined that this process is the most advantageous for the County in awarding this Agreement; that the Contractor is qualified to provide the services sought by the County; and that the Contractor has offered to provide those services in a manner and at rates that the County finds to be financially sound and advantageous compared to other methods. It is the intent of this agreement to provide a five year term relationship between the County and Contractor for collection of recyclable material through the regional recycling drop station program. DEFINITIONS For the purposes of this Agreement, the following words and terms shall have the meanings set forth below; however, words and terms describing material or work that have a well-known technical or trade meaning, unless otherwise specifically defined in the Agreement, shall be Mason County Department of Public Works Regional Recycling Drop Station Program Utilities and Solid Waste Division Page 1 of 12 2015 Agreement 11 c Iv\425( construed in accordance with such well-known meaning, generally recognized by solid waste professionals, engineers and trades. COSTS Means the price quotes negotiated and accepted by the contractor and Mason County Said costs will go into effect and shall commence on September 1, 2015 and shall terminate on August 31, 2020, with one additional five year period extension possible. The Service Agreement may be renegotiated, upon mutual agreement between the County and the Contractor, for an additional period of time. The cost of service shall be computed on a monthly bask according to the service provided and costs established by this Agreement. DESIGNATED AGREEMENT ADMINSTRATION Means that any time the contractor is required to have County approval, that approval shall come from the Director of Utilities and Waste Management. This County employee or their designee will work closely with the Contractor to confirm any approval(s) required by this Agreement. RESPONSE TO THE RFP Means the response of Contractor to the RFP submitted to the County on June 19, 2015 COUNTY Means Mason County, a political subdivision of the State of Washington. MSW Means Municipal Solid Waste. SERVICE AGREEMENT Means this Agreement, and 1. The Request for Statement of Qualifications. 2. The Response to Request for Statement of Qualification. 3. Any and all addends to the Agreement, and 4. Any and all appendices, amendments, extensions to or extensions of the foregoing documents which the parties have agreed to in the manner prescribed by the Agreement. In the event of conflicts(s) among service agreement documents, then information from the latest documents (as determined by the date issued) shall supersede any earlier conflicting information. DROP STATION Means the site established (or designated) by the County to accept recyclables as part of the regional program. Typically, a drop station will consist of four to five containers for the smaller Mason County Department of Public Works Regional Recycling Drop Station Program Utilities and Solid Waste Division Page 2 of 12 2015 Agreement drop stations and eight to ten for the Shelton Transfer Station designed to be compatible with standard hook -lift truck specifications. The County shall determine the site locations and placement of boxes as well as the type of box provided for collection purposes. RECYCLABLE MATERIALS Means materials which the County requires the Contractor to collect and market for recycling A list of items include These materials accepted/recycled are based on market conditions and may be modified upon mutual agreement between Mason County and Contractor. Corrugated cardboard Glass (clear, green, brown) Tin (no aerosols) Aluminum Cans #1 PETE — plastic bottles #2 HDPE — natural (milk jugs) Mixed Paper, including Tetra Pak (milk cartons) and Newspaper and Magazines The County will determine how the public will be directed to prepare recyclables for the drop station. SCOPE OF WORK The Agreement calls for performance of work for a period beginning on the date this Agreement is signed by both parties and ending on July 31, 2020. The Agreement may be renegotiated, at the County's discretion, for an additional period of time. Subsequent agreements will not exceed a five year increment. The Contractor must provide sufficient personnel, equipment, supplies and maintenance to properly perform all specified drop station operation and all work incidental to this agreement in accordance with these agreement documents and all applicable laws and regulations pertaining to this Agreement. In brief the work required is as follows: The Contractor will supply the necessary containers, replace full recycle containers, on a regular pickup schedule mutually agreed upon and approved by the County, with empty containers to allow for continuous operation of the drop stations. Once items are placed in the individual drop box they belong to the Contractor and are their responsibility (this includes contaminated loads). The Contractor will own all materials and it is their responsibility to market all materials, this Excludes Excluded Waste. The Contractor assumes 100% market risk, pays for all processing fees and pays for all hauling costs to the applicable processing center Title to and liability for any Excluded Waste shall remain with resident/generator of such Excluded Waste, even if Contractor inadvertently collects and disposes of such Excluded Waste. The applicable drop box stations are located as follows: 1. Mason County Solid Waste Facility 501 W Eells Hill Rd, Shelton, WA 2. Hoodsport Drop Box Station 241N. Hoodsport Park Rd, Hoodsport, WA 3. Union Drop Box Station 1391 E. McReavey Rd, Union, WA 4. Belfair Drop Box Station 1611 N.E. Sandhill Rd, Belfair, WA • Mason County Department of Public Works Regional Recycling Drop Station Program Utilities and Solid Waste Division Page 3 of 12 2015 Agreement AGREEMENT TERM The Term of the Agreement shall commence on September 1, 2015 and shall terminate on August 31, 2020, with one additional five year period extension possible. The Service Agreement may be renegotiated upon mutual agreement between the County and the Contractor, for an additional period of time. RECORD KEEPING The Contractor shall at all times maintain an accounting system that uses generally accepted accounting principles for all services rendered and materials supplied in connection with this Agreement. The Contractor accounts and records covering these charges and all invoices and payments on account of this Agreement shall be open to inspection for any reasonable purpose by the County, their authorized representative and officers or employees at all times during the term of this Agreement and thirty six (36) months thereafter. The County shall have the right to inspect and copy all records and documents to interview any persons, and to review any evidence in the Contractors possession or control which may assist the County in determining what amounts are owed to the Contractor or the County. COMPLIANCE The contractor shall comply with any and all Federal, State and Local regulations, including, but not limited to the following: The Revised Code of the State of Washington (RCW 70.95) PERMIT COMPLIANCE & INDEMNIFICATION The Contractor will be required to perform all operations in complete compliance with all permits issued to the County by regulatory agencies. Any penalties levied by the regulatory agencies for permit noncompliance due to the actions of the Contractor, will be paid by the Contractor at no cost to the County, or may be withheld from the payment to the Contractor. The Contractor expressly agrees to indemnify and hold harmless the County for any penalties, interest, and/or fees assessed or levied against it or the County due to non-compliance with permits issued by a regulatory agency of the Federal, State or County government. FIRE INSURANCE It is the responsibility of the Contractor to provide fire insurance for all equipment used by the Contractor. This fire insurance shall cover the entire replacement value of the equipment insured. SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances, shall to any extent be invalid or unenforceable, the remainder of this Agreement Mason County Department of Public Works Regional Recycling Drop Station Program Utilities and Solid Waste Division Page 4 of 12 2015 Agreement o r the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. Further, the Parties shall negotiate in good faith regarding amendments to this Agreement that would, to the maximum extent possible, effectuate the intent of any provision determined to be invalid or unenforceable. MOBILIZATION The contractor shall be responsible for mobilization of all equipment and personnel to the drop stations sites. NO THIRD -PARTY BENEFICIARY The rights and obligations created by this Agreement are for the sole benefit of the parties, and n o person or party shall be a beneficiary, intended or otherwise, of any such rights or be e ntitled to enforce any of the obligations created by this Agreement. ADDITIONAL WORK The County may, from time to time, request the Contractor to provide improvements to the drop station sites beyond the scope of this Agreement Upon request by the County, The Contractor agrees to give good faith consideration to negotiate accomplishment of the work desired by the County If the Contractor agrees to negotiate, the parties shall determine the work to be done and the compensation to be paid. The County shall not be precluded from awarding contracts to any person other than the Contractor for the accomplishment of any desired improvements if the County in its sole discretion deems such contracts to be most beneficial to the County. In such case, the Contractor will cooperate and coordinate fully with any other contractor or the county in allowing and facilitating installation of said improvements. WORK TO BE PERFORMED BY THE COUNTY OR OTHER CONTRACTORS During the period of this agreement, the County (either with its own forces or under a separate contract) will require the cooperation of the Contractors in scheduling and coordination to avoid conflicts The Contractor shall be responsible for becoming familiar with the various schedules and the degree of disruption that may arise. The contractor shall cooperate with the County in the coordination of operation in a manner that will provide the least amount of interference with the County's operation. JURISDICTION & VENUE Any action of law or suit in equity or judicial proceeding arising out of this Agreement shall be instituted and maintained only in the courts of competent jurisdiction in Mason County, in the State of Washington. Mason County Department of Public Works Regional Recycling Drop Station Program Utilities and Solid Waste Division Page 5 of 12 2015 Agreement TECHNICAL REQUIREMENTS This section specifies minimum requirements for the operation and maintenance of the recycling drop station program The requirements established herein are the minimum prescribed requirements and are not intended in any way to be inclusive or in any way to limit the Contractor to specific procedures or methods, but rather are intended to insure the expected quality of drop box station operation and maintenance. Any time the Contractor is required to have County approval; that approval shall be obtained from the Public Works Director or Designee. RESPONSIBILITIES OF THE CONTRACTOR The Contractors personnel shall be trained as required for specific tasks or functions in accordance with the specific responsibilities set forth in the Agreement for the various e lements of the program. During periods of sickness and vacation, additional personnel must be available for the continued and uninterrupted operation of the collection program in the u sual manner. SERVICE SCHEDULE The Contractor shall furnish all necessary containers and replace containers at the Facility and Stations with empty containers in accordance with an agreed to schedule. The Contractor shall provide on -call provisions for containers which fill and need emptying in addition to the anticipated schedule. If a container becomes full unexpectedly or between regularly scheduled pickups, the Contractor will have provided a contact name and number to the County for calling to request o n -call services. On -call request will require 2 4 hour turnaround time when requests are made prior to 2:00 pm on same day as the request Requests made after 2:00 pm will be taken care of n o later than 10:00 am the following morning. A penalty fee of $100.00 per day per container may be assessed for every day a full container remains at the site after a request has been made. Depending on circumstancesthis fee may be removed by the Director of Utilities/Waste Management. All handling and transportation shall be in compliance with all Federal, State and Local regulations Mason County Department of Public Works Regional Recycling Drop Station Program Utilities and Solid Waste Division Page 6 of 12 2015 Agreement ACCIDENT REPORTS The Contractor shall promptly report in writing to the Director of Utilities/Waste Management or designee all accidents whatsoever arising out of, or in connection with the performance of the work whether on, or adjacent to, the sites, giving full details and statements of witnesses. In addition, should death, serious injuries or serious damages occur, the accident shall be reported by the Contractor• immediately by telephone or messenger to the Director of Utilities/Waste Management or his designee. EQUIPMENT MAINTENANCE The Contractor is responsible to maintain the containers and their signs in good condition and proper working order. Damage resulting from Contractor handling will be the responsibility of the Contractor to repair or replace at the Contractors expense. The Contractor shall maintain signage of the boxes which identifies them as recycling containers and what materials is to be deposited in each container. The County will supply all signage and decals. LITTER CONTROL It is the responsibility of the Contractor to provide litter control at each drop station when they are picking up materials at each site. Litter control shall include: pickup of container area, sweeping of area to remove broken glass and other small debris, removal of trash and material deposited on the ground outside the containers. Mason County staff will maintain the Drop Box Station areas between pickups. IT IS EXPECTED THAT DROP STATIONS WILL BE KEPT CLEAN AND LITTER FREE AT ALL TIMES. If pickup is at an unmanned drop station it is the responsibility of the Contractor to provide litter pickup and control at each station. The .Contractor shall provide a contact name and phone number to the County, for site personnel to report and request litter pickup. Response to requests for litter control shall be made within four hours of notification for cleanup. EXCLUDED WASTE Means and includes Hazardous Materials, MSW, dirt or earth debris from construction or lawn renovation, rocks, stones, automobile bodies and parts, dead animals or animal carcasses, stable matter, and wastewater (sewage). The County does not require the Contractor to collect or transport Excluded Waste; provided, however the County is not responsible for determining when customers have left Excluded Waste for collection or transportation. Mason County Department of Public Works Regional Recycling Drop Station Program Utilities and Solid Waste Division Page 7 of 12 2015 Agreement HAZARDOUS MATERIALS Means any material which: (a) is required to be accompanied by a written manifest or shipping document describing the material as "hazardous waste" or ' dangerous waste', pursuant to the generator's state, Washington or federal law, including, but not limited to, the Resource Conservation and Recovery Act, 40 CFR, Part 260-272, et seq. as amended, and all regulations promulgated thereunder and any such state equivalent or similar law; (b) contains polychlorinated biphenyl or any other substance the storage, treatment or disposal of which is subject to regulation under the Toxic Substances Control Act, 40 CFR, Part 761, et seq. as amended, and all regulations promulgated thereunder and any such state equivalent or similar law; (c) contains a radioactive material the storage or disposal of which is subject to state or federal regulation; or (d) is designated under the generator's state, Washington or federal law or regulation as a 'dangerous waste", 'toxic waste", "hazardous waste', "extremely hazardous waste" or "acutely hazardous waste". MATERIAL MARKETING Ownership of the material will rest with the Contractor. The Contractor shall provide for marketing of all material collected through the drop station program. In addition, the Contractor shall provide the County with assurances that material will be responsibly handled and marketed. Land filling of any material is unacceptable, with exception of regulargarbage or debris indiscriminately placed with recyclables in the container or highly contaminated loads. The Contactor shall make every effort to market the material in the manner shown in the Request for Proposals. DATA COLLECTION The Contractor will provide the Department of Utilities/Waste Management with monthly and annual reports which will include monthly totals in tons / pounds for each commodity collected per site and number of monthly pickups per site/commodity. All reports must be submitted in Excel format. The Contractor will provide the Department of Utilities/Waste Management with a description of how and where the material is being marketed for each material collected in the program. The Contractor shall notify the department when changes occur. Mason County Department of Public Works Regional Recycling Drop Station Program Utilities and Solid Waste Division Page 8 of 12 2015 Agreement FUTURE DROP STATIONS Additional drop station sites may be established during the life of this Agreement. The Contractor shall mobilize and service all future drop stations established during the life of this Agreement at the same cost and in the same manner as for all other drop stations in the regional program and as outlined in this Agreement. Appropriate Addenda to this Agreement will be executed identifying additional drop station sites as they may be established. COUNTY RESPONSIBILITIES The County has provided sites to locate the drop boxes. The County will provide all signage and decals identifying materials and placement in containers. The County shall design and produce informational materials and public education to inform residents of the drop station locations, materials collected and all other aspects of the program. The County will make every effort to educate container users of the need to keep material clean, properly prepared and separated. The Public Works Director or designee will be responsible to administer the terms of this Agreement and act as a liaison between the Contractor and the County. All correspondence, questions, etc. should be directed to that person for assistance. INDEMNITY To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold harmless Mason County agencies of the County, and all officials, agents, and employees of the county, from and against all claims arising out of or resulting from the performance of the contract. "Claim' as used in this Agreement means any financial loss, claim, suit, action, damage, or expense, bodily injury, sickness, disease or death or injury to or destruction of tangible property including loss of use resulting therefrom. The Contractors obligation to indemnify, defend, and hold harmless includes any claim by the Contractor's agents, employees, representatives, or any subcontractor or its employees. The Contractor expressly agrees to indemnify defend and hold harmless Mason County for any claim arising out of or incident to the Contractor's or any subcontractor's performance or failure to perform the contract. The Contractor s obligation to indemnify, defend, and hold harmless Mason County shall not be eliminated or reduced by any actual or alleged concurrent negligence of Mason County or its agents, agencies, employees, and officials. For the duration of this Agreement the Contractor shall maintain in effect all insurance as required herein and comply with all limits, terms and conditions stated therein. Work under this Agreement shall not commence until evidence of all required insurance and bonding is Mason County Department of Public Works Regional Recycling Drop Station Program Utilities and Solid Waste Division Page 9 of 12 2015 Agreement provided to the County. The Contractor's insurer shall have a minimum A.M. Best's rating of A-Vii. Evidence of such insurance shall consist of a completed copy of the Certificate of Insurance signed by the insurance agent for the Contract and returned to the Mason County Director of Utilities/Waste Management. If for any reason, any material change in the coverage o ccurs during the course of this Agreement; such change will not become effective until 45 days after Mason County receives written notice of such change. The policy shall be endorsed and the certificate shall reflect that Mason County is an additional insured on the contractor's general liability policy with respect to activities under this Agreement. The policy shall provide and the certificate reflect that the insurance afforded applies separately to each insured against whom a claim is made or suit is brought except with respect to limits of the company's liability. The policy shall be endorsed and the certificate shall reflect that the insurance afforded therin shall be primary insurance and any insurance or self-insurance carried by the owner of Mason County shall be excess and not contributory insurance to that provided by the Contractor. The liability insurance shall include employer's liability minimum coverage of $1,000,000.00 e ach accident and general liability of $1 000,000.00 each occurrence, and truck (auto) liability (combined bodily injury and property damage) minimum coverage of $2,000,000.00 each occurrence. In addition, the Contractor shall include statutory workman's compensation. PERFORMANCE BOND The Contractor shall furnish Mason County with a $10,000.00 performance bond or letter of credit from a bank or other agreed to financial institution. Said bond or letter of credit shall be furnished to Mason County on or before the effective date of this Agreement. CONTRACT ADMINISTRATION This Agreement shall be administered on behalf of the County by the Director of Public Works o r designee. The Director may designate one person as the County's representative with whom the Contractor may deal concerning day-to-day operations under this Agreement. All communications to the Contractor by the Director shall be recognized as made on behalf of the County. All questions, comments and recommendations concerning hauling of recyclables shall be directed to the Director or their designee All issues concerning Agreement provisions and requirements shall be directed to the Director. The following address shall be used for communication between the parties: COUNTY: Mason County Public Works Department 100 W Public Works Drive Shelton, WA 98584 CONTRACTOR: Mason County Garbage Co. Inc. PO Box 787 Shelton, WA. 98584 Mason County Department of Public Works Utilities and Solid Waste Division Regional Recycling Drop Station Program Page 10 of 12 2015 Agreement PROGRESS MEETINGS Periodically, progress meetings will be held between the Contractor and Mason County The progress meetings will be used to review activities and/or complaints accumulated during the previous haul period of recyclable. It will be the responsibility of the Contractor to prepare for and respond to matters brought to their attention prior to each meeting. The Contractor will also be required to present a brief report summarizing program activity since the previous meeting. The organization of each meeting will be the responsibility of the Mason County Public Works Director or designee. TERMINATION Either party hereto may with or without cause terminate this Agreement by giving written notice of their intention to terminate to the other party by certified mail and return receipt requested. Such termination shall, thereafter, be effective six (6) months following the date of the written notice during which period of time the terms and conditions of the Agreement shall remain in full force and effect. The County will be responsible for reimbursing the Contractor for any outstanding or uncollected cost for recycle containers delivered to the County. This amount will be confirmed by viewing purchase orders for the containers, verification of containers on site and a review of the annual costs the contractor has included in their bid to recover the container costs. The County may terminate with cause if the Contractor does not comply with the terms of this Agreement. Such termination would occur after written notice to the Contractor and their failure to correct deficiencies in the time stated in the notice. Upon termination, the Contractor shall leave all premises in the same condition they were in at the implementation of this Agreement. HOURS OF OPERATION Hours of operation at the following drop station sites are: 1. Mason County Solid Waste Facility (Eells Hill) Monday -Saturday 8:OOam — 4:OOpm 2. Belfair Drop Box Station Tuesday -Saturday 9:OOam — 4:OOpm 3. Hoodsport Drop Box Station Friday -Saturday 9:OOam — 4:OOpm 4. Union Drop Box Station Sunday -Monday 9:00am — 4:OOpm Closures may occur due to Holidays and or unforeseen circumstances. The above sites will be closed at least on the following holidays: New Year's Day, 4th of July, Thanksgiving and Christmas holidays. Mason County Department of Public Works Regional Recycling Drop Station Program Utilities and Solid Waste Division Page 11 of 12 2015 Agreement COSTS ASSOCIATED WITH THIS AGREEMENT Mason County will be assessed the following amounts for boxes collected from each applicable. site: Q Unit price for handling recyclable containers Container Cost ( Thirty Containers) Container Cost each Q Weekend On Call Rate • On Call Liter Control (Weekend) $97.48 per haul $2,924.42 per month $97.48 per month $151.68 per hour $151.68 per hour PREVAILING WAGE The Contractor shall not be required to pay prevailing wages, Yearly Cost adjustments Yearly price increases will be at 90% of the June to June Consumer Price Index-U (CPI-U) for all Urban Consumers as calculated by the U.S. Department of Labor for the Olympia, WA area. EFective each August 1. Beginning on August 1, 2016 and each anniversary date METHOD OF PAYMENT Mason County will pay to the Contractor a monthly payment as agreed to by the Contractor and the Mason County Public Works Department shown in section described as costs associated with this contract. Effective date of this Agreement shall be the latest date the contract is signed by all parties. SIGNED this 1 day of September, 2015. Co. Co,umiysi UJCFS Mason County Department of Public Works Utilities and Solid Waste Division .41 ivIaso:n Co`tiraty G rb.age (36.Tt ill/ rl f !• se r° r ei e' r' Richard P. Fredric1 sun, District Manager Mason Comity, Washington Pubis_ Works Departiuen Brian K. natal ews Director Regional Recycling Drop Station Program Page 12 of 12 2015 Agreement