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HomeMy WebLinkAbout022216_ca02Department of Public Works O Consent Agenda Page 1 of 2 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, Public Works Director ;� Agenda Date: February 22, 2016 Subject: Execution of Recycling Services Contract Extension Statement of Issue: Public Works responded to a June 29, 2015 request from Skookum Educational Services to negotiate a five year extension of their present 2011 contract and all amendments to date. The original 2011 contract was awarded to Skookum through a competitive process, Request for Proposals (RFP), and contains a provision for possible extension of the contract for up to five years when it expires on March 31, 2016. Working with Skookum, the Public Works Solid Waste review team considered Skookum's performance history related to operation efficiencies, continued financial capacity, responsiveness to County needs and commitment to special needs population employment. Analysis/Strategic Goals/Pro's and Con's: The proposed Contract extension would further Public Works effort to achieve a 50% recycling rate in Jefferson County as targeted by the Solid Waste Advisory Committee and in the Jefferson County Solid Waste Management Plan. Fiscal Impact/Cost Benefit Analysis: Level of Service has increased over the last five years under the present Recycling Contract with Skookum Educational Services presently recovering about 4000 tons of residential and business recyclables annually. Under the original contract, which expires March 31, 2016, annual increases ranged from 2.5% to 4.5% with a final value of $18,440 in 2016. Under the extended contract terms, annual increase is 2.75%. Department of Public Works O Consent Agenda Page 2 of 2 Recommendation: Public Works recommends execution of Recycling Services Contract Extension for five years to Skookum Educational Programs. Department Contact: Tom Boatman, Solid Waste Manager: 385-9213 Reviewed By: l "Philip Morley; C-6unty mlrnstrator 1 _7 �Ile - Date RECYCLING SERVICES CONTRACT EXTENSION JEFFERSON COUNTY, WASHINGTON THIS AGREEMENT, made and entered into this day of , 2016, between the COUNTY OF JEFFERSON (the County), acting through the Jefferson County Commissioners and the Director of Public Works under and by virtue of Title 36, RCW, as amended and Skookum Educational Services, hereinafter called The Contractor WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: 1 The Contractor agrees to funush all labor, supervision, management and equipment and provide certain semces, to -wit That the Contractor herein will undertake and complete the following described services - PROVIDE SOLID WASTE RECYCLING SERVICES FOR JEFFERSON COUNTY, WASHINGTON for the total sums not to exceed the following net amounts paid in monthly installments for services provided. Fust 12 months $18,94710 Second 12 months $19,46815 Third 12 months $20,00352 Fourth 12 months $20,55362 Fifth 12 months $21,11888 Except that these amounts shall be reduced by Contractor's lease payments to the County for the use of any County -owned equipment and facilities for agreed periods of time, all in accordance with and as described in the attached Specifications and other provisions of the Request for Proposals, and which are by this reference incorporated herein and made a part hereof The Contractor shall perform any alteration in or addition to the services provided in this contract and every part thereof. The scope of these services may be modified, enlarged or altered only by mutual written agreement of the County and The Contractor during the term of the contract The Contractor shall complete the described services as follows- with a start date of April 1, 2016 and a completion date of March 31, 2021 Contractor may not terminate the Contract without providing 270 days notice to the County and Contractor may not establish an effective termination date pursuant to this paragraph that is any earlier than the third anniversary of the start date listed above The Contractor shall provide and bear the expense of all equipment and labor of any sort whatsoever that may be required for completing the services provided for in this contract and every part thereof 2 The County of Jefferson hereby promises and agrees with the Contractor to employ, and does employ the Contractor to furnish the goods and equipment described and to furnish the same according to the attached Specifications and the terms and conditions herein contained, and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the condition provided for in this contract The County may employ the Contractor to perform any alterations in or additions to the services provided for in flus contract that may be ordered and to pay for the same under the terms of this contract and the attached specifications at the time and in the manner and upon the conditions provided for in this contract 3 The Contractor for himself, and for his heirs, executor, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 4 Prior to commencing services, the Contractor shall obtain at its own cost and expense the following insurance from companies licensed in the State with a Best's rating of no less than A:VII The Contractor shall provide to the County Risk Manager, certificates of insurance with original endurseuients affmang insurance required by tins clause prior to the commencement of services to be performed. The insurance policies required shall provide that thirty (30) days prior to cancellation, suspension, reduction or maternal change in the policy, notice of same shall be given to the County Risk Manager by registered mail, return receipt requested, for all of the following stated insurance policies. If any of the insurance requirements are not in compliance at the renewal date of the insurance policy, payments to The Contractor shall be withheld until all such requirements have been met, or at the option of the County, the County may pay the renewal premium and withhold such payments from the moneys due The Contractor All notices shall name the Contractor and identify the agreement by contract number or some other form of identification necessary to inform the County of the particular contract affected A Workers Compensation and Employers Liability Insurance The Contractor shall procure and maintain for the life of the contract, Workers Compensation Insurance, including Employers Liability Coverage, in accordance with the laws of the State of Washington. 2 B. General Liability() - with a minimum limit per occurrence of one mullion dollars ($1,000,000) and an aggregate of not less than two million dollars ($2,000,000) for bodily injury, death and property damage unless otherwise specified in the contract specifications. This insurance coverage shall contain no limitations on the scope of the protection provided and indicate on the certificate of insurance the following coverage. 1 Broad Form Property Damage with no employee exclusion; 2. Personal Injury Liability, including extended bodily injury; 3. Broad Form Contractual/Commercial Liability including completed operations; 4. Premises - Operations Liability (M&C), 5. Independent Contractors and Subcontractors; and 6. Blanket Contractual Liability (') Note: The County shall be named as an additional insured party under this policy C. Automobile (2) - with a minimum limut per occurrence of $1,000,000 for bodily injury, death and property damage unless otherwise specified in the contract specifications. This insurance shall indicate on the certificate of insurance the following coverage: 1. Owned automobiles, 2. Hired automobiles, and, 3. Non -owned automobiles (2) Note: The County shall be named as an additional insured party under this policy Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of the contract by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self-insured retention or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. The Contractor shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor All insurance provisions for subcontractors shall be subject to all of the requirements stated herein Failure of the Contractor to take out and/or maintain any required insurance shall not relieve the Contractor from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance It is further agreed by the parties that insurance companies issuing the policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of policy It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Contractor It is agreed by the parties that judgments for which the County may be liable, in excess of insured amounts provided herein, or any portion thereof, may be withheld from payment due, or to become due, to The Contractor until such time as The Contractor shall furnish additional security covering such judgment as may be determined by the County The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements, and for any mutually agreed and negotiated modification to the contract scope of services that involves additional hazards not included in the contract specifications Any coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch 48 62 RCW shall be non-contributory with respect to any policy of insurance the Contractor must provide to comply with this Agreement The County may, upon the Contractor's failure to comply with all provisions of this contract relating to insurance, withhold payment or compensation that would otherwise be due to the Contractor If the proof of insurance or certificate indicating the County is an "additional insured" to a policy obtained by the Contractor refers to an endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the Contractor to obtain the full text of that endorsement and forward that full text to the County 5 The Contractor shall comply with all Federal, State, and local laws and ordinances applicable to the services to be done under this Agreement This Agreement shall be interpreted and construed in accord with the laws of the State of Washington and venue shall be in Jefferson County, WA The Contractor shall indemnify and hold the County, and its officers, employees, and agents harmless from and shall process and defend at its own expense, including all costs, attorney fees and expenses relating thereto, all claims, demands, or suits at law or equity ansing in whole or in part, directly or indirectly, from The Contractor's negligence or breach of any of its obligations under this Agreement, provided that nothing herein shall require a Contractor to indemnify the County against and hold harmless the County from claims, demands or suits based solely upon the conduct of the County, its officers, employees and agents, and, provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) The Contractor's agents or employees, and, (b) the County, its officers, employees and agents, this indemnity provision with respect to claims or suits based upon such negligence, and/or the costs to the County of defending such claims and suits, etc, shall be valid and enforceable only to the extent of The Contractor's negligence, or the negligence of The Contractor's agents or employees Claims against the County shall include, but not be limited to assertions that the use and transfer of any software, book, document, report, film, tape, or sound reproduction of material of 4 any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, or otherwise results in an unfair trade practice or an unlawful restraint of competition The Contractor specifically assumes potential liability for actions brought against the County by Contractor's employees, including all other persons engaged in the performance of any service required of The Contractor under this Agreement and, solely for the purpose of this indemnification and defense, The Contractor specifically waives any immunity under the state industrial insurance law, Title 51 R C W The Contractor recognizes that this waiver was specifically entered into pursuant to provisions of R C W 4 24 115 and was subject of mutual negotiation 6 The Contractor's relation to the County shall be at all times as an independent Contractor, and nothing herein contained shall be construed to create a relationship of employer-employee or master -servant, and any and all employees of The Contractor or other persons engaged in the performance of any service required of The Contractor under this Agreement shall be considered employees of The Contractor only and any claims that may anse on behalf of or against said employees shall be the sole obligation and responsibility of The Contractor 7 The Contractor shall not sublet or assign any of the services covered by this contract without the express written consent of the County or its authorized representative Assignment does not include printing or other customary reimbursable expenses that may be provided in an agreement 8 Nothing in the foregoing clause shall prevent the County, at its option, from additionally requesting that The Contractor deliver to the County an executed bond as security for the faithful performance of this contract and for payment of all obligations of The Contractor 9 Non-compliance with the terms and conditions of the contract may result in fines and other damages that enable the County to ensure that The Contractor is making legitimate efforts to meet the expectations outlined in the contract Either party can suggest dispute resolution/mediation when an issue raised between the parties does not appear to be addressed by the contract and/or is not being solved by the methods laid out in the contract The Public Works Director for the County and the President for The Contractor are entitled to request such services Both of these parties must agree on the party that will either mediate the issue or attempt to resolve the dispute During such periods, fines and other compliance measures will be stopped pending the outcome of the process The same parties may suggest binding mediation and/or binding arbitration where necessary 10 This contract contains the complete and integrated understanding, agreement or negotiation between the County and The Contractor, and supersedes any other contract presently in place between the two Parties Any oral or written representation not set forth herein excluded Amendments to this contract shall be in writing and executed by both parties 5 11 The County's authorized representative is Thomas A Boatman Public Works - Solid Waste Manager 623 Sheridan St Port Townsend, WA 98368 Contractor's authorized representative is Ryan Wiese Skookum Contracts Manager 4525 Auto Center Way PO Box 5359 Bremerton, WA 98312 Any notice given by either the County or Contractor shall be served, if delivered in person, to the office of the authorized representative, or if deposited in the mail, properly stamped and addressed to the office of the authorized representative Either the County or the Contractor shall have the right to change its representative by giving the other party due notice in writing of such a change G IN WITNESS WHEREOF, the Contractor has executed this instrument on the day and year first below written and the Board of County Commissioners has caused this instrument to be executed by and in the name of said County of Jefferson the day and year first above written Skookum Educational Services Contractor Ryan Wiese, S ookum Contracts Manager '11-z Date 7 COUNTY OF JEFFERSON BOARD OF COMMISSIONERS Kathleen Kler, Chair Phil Johnson, Member David W Sullivan, Member Approved as to form only oal�j AVq-'( David Alvarez %4' Date Deputy Prosecuting Attornk}/ Monte em ers, P E Date Public Works Director CONTRACT BOND JEFFERSON COUNTY, WASHINGTON KNOW ALL MEN BY THESE PRESENTS That of Principal, and , as Surety, are jointly and severally held and bound unto the COUNTY OF JEFFERSON, the penal sum of Dollars ($ ), for the payment of which we jointly and severally bind ourselves, or helm, executors, administrators, and assigns, and successors and assigns, firmly by these presents The condition of this bond is such that WHEREAS, on the day of , A D , 2016, the said , Principal herein, executed a certain contract with the County of Jefferson, by the terms, conditions and provisions of which contract the said , Principal herewith, agrees to furnish all materials and provide certain services, to -wit That the said Principal herein will undertake and complete the following described services in Jefferson Cuunty, Wdblungtuii, as per reps, plans and spmi11wtiuns mdde d part of spud wntract, which contract as so executed, is hereunto attached, and is now referred to and by this reference is incorporated herein and made a part hereof as full for all purposes as if here set forth at length NOW THEREFORE, if the Principal herein shall faithfully and truly observe and comply with the terms, conditions and provisions of said contract, in all respects and shall well and truly and fully do and perform all matters and things by the said Prmcipal undertaken to be performed under said contract, upon the terms proposed therein, and within the tune prescribed therein, and until the same is accepted, and shall pay all laborers, mechanics, subcontractors and materiahnen, and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such services, and shall in all respects faithfully perform said contract according to law, then this obligation to be void, otherwise to remain in full force and effect WITNESS our hands this day of 72016 PRINCIPAL SURETY COMPANY By By LIM Attorney -m -fact Address of local office and agent of Surety Company RECYCLING SERVICES CONTRACT SPECIFICATIONS Part One - Current Operations Introduction Financial Goals The County's financial goals concerning the Recycling element of its Solid Waste program are to 1 transfer responsibility for recycling equipment purchase, replacement and maintenance to the recycling contractor 2. minimize the net cost to the County of recycling collection and processing operations 3 create a closer relationship between payment for services and the volume of materials recycled With these goals in mind, the County has entered into a five (5) year contract extension with the successful proposer for collection, processing and marketing of recyclables received through countywide, multi-matenal voluntary drop-off, residential curbside, and commercial collection programs. The Contract extension start date is in the year 2016 and will terminate in the year 2021 The County reserves the right to negotiate the contract for a second five year period with the original terms and conditions. The County must exercise this contract renewal option not less than 180 days prior to the completion date of the first five (5) year tern. This description of the current level of service and emerging needs in the Jefferson County recycling program is provided as background information Where differences occur, all requirements and conditions in the Special Provisions and Contract Documents take precedence over any information provided in Part One - Current Operations. The County -owned Recycling Center (Recycle Center) is located next to the Solid Waste Transfer Station (Transfer Station) at the Jefferson County Solid Waste Disposal Facility site, approximately 3 miles outside the City of Port Townsend The existing Jefferson County recycling program includes 1 management and operation of recyclable material collection from public recycle boxes located throughout Jefferson County, including hauling of recycle boxes to and from those sites and delivery of recyclables to the Recycle Center 2 management and operation of recycle processing at the Recycle Center including processing recyclables brought in from all County collection sites and from the contract and certificated haulers' and residential and commercial collections 3 sales and shipping (loose and baled) of sorted recyclables The recycling center facility and equipment, and some of the public recycle boxes, are owned by Jefferson County but are operated and maintained by the current Recycling Contractor The E current Recycling Contractor employs people with disabilities or with other barriers to employment in processing recycle materials Recyclable materials brought in to the Recycle Center by the contracted (City) and Garbage - Certificate (unincorporated county) haulers and by the Recycling Contractor, and all materials processed at the Recycle Center, are weighed at the transfer station scale house located adjacent to the Recycle Center. Current Level of Service Collection at Public Recycling Drop -Off Sites Public drop-off collection sites have been established to provide better access to recycling for all County residents and to increase participation in the recycle program. There are currently eight (8) collection sites county -wide, serviced by the County's recycling contractor, with from one (1) to six (6) recycle boxes per site A total of twenty-seven 16-2/3 cubic yard and 13-1/3 cubic yard, single and multi -product collection boxes are currently in use, serviced with one hook lift truck owned by the current Contractor The City's contracted hauler services two additional collection sites. Site descriptions and hours of operation are listed in Exhibit A, Table 1: Public Recycle Drop -Off Site Description. The transfer station, scale house, and recycle center are open to the public from 9 UU a in. to 4 30 p in Monday through Saturday and closed all Sundays and public holidays Public Holidays County facilities are closed on the following public holidays New Years Day Martin Luther King, Jr. Day Presidents Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Christmas Day January 1 3`d Monday in January Yd Monday in February Last Monday in May July 4 1 st Monday in September November 11 4`h Thursday in November December 25 Collection of Mercury Containing Compact Fluorescent Bulbs and Tubes The Contractor will continue to collect and store compact fluorescent bulbs and tubes at the Recycle Center for the Term of the Contract The County will continue to pay for all costs associated with transport and disposal of compact fluorescent bulbs and tubes collected and stored at the Recycle Center Curbside and Commercial Collections In the City of Port Townsend, recyclables collected from single and multi -family residences, businesses, and community drop boxes by the City's contracted hauler are currently delivered to the County Recycling Center All City residents pay for this service through residential garbage collection rates established by the City The collection service in the unincorporated county is by voluntary subscription with residential collection rates approved by the Washington Utilities & Transportation Commission (WUTC) In unincorporated Jefferson County recyclables collected from single and multi -family residences, businesses, and drop boxes by the WUTC's "Garbage -certificate" hauler, are either delivered to the County Recycling Center or taken out of Jefferson County. The current Recycling Contractor also directly services some commercial accounts to collect high-grade paper Processing Facility (Recycle Center) All recyclable materials brought to the Recycle Center are processed by the Recycling Contractor in preparation for shipment to market The Recycle Center facility consists of a recycling building, constructed in 1983, and a baler building and a loading dock that were added in 1990 The recycling building has an outside pit and inclined conveyor, with a magnetic head, which feeds an elevated pick -line inside the building The baler building has an inside pit and inclined conveyor, which feeds a fluffer and closed -door horizontal baler Processed and unprocessed materials are stored either in the recycling building, under cover between the two buildings, or in an open storage area The County -owned facilities, collection and processing equipment at the Recycle Center are listed in Exhibit A, Table 2 Inventory of County -owned Facilities and Equipment The Contractor has elected to lease the equipment listed and at the rates as shown in Exhibit A, Table 4- Equipment and Facilities Lease Schedule. All County owned collection bins will be replaced by the Contractor no later than 120 days from the execution of this contract All collection bins are to be of a uniform color, kept in a sound and cleanly manner, and all bins will prominently bear the Contractor's name and service contact information, i.e : "For Service of this Equipment Please Phone (Contractor's Phone No )" A description of materials collected and processed by the Contractor is found in Exhibit A, Table 3 Recyclables Materials Description Recycling Costs and Revenues The County provides the recycle buildings and the majority of fixed and mobile equipment for the Recycling Contractor under a lease agreement The County has paid for other capital improvement projects including site drainage, paving, septic system and potable water supply, through its annually approved solid waste system budget The Recycling Contractor's direct costs include 11 • Labor costs for all collection and processing activities • On -highway and off-highway fuel costs • Cost of utilities • Baling wire, other recycling operating supplies, and shipping costs • Repair and maintenance costs for all County -owned equipment and facilities • Insurance and other contractor internal administrative costs The Recycling Contractor's revenue offset to these costs is obtained from two sources • All revenue from the sale of recovered recyclable material • Monthly contract service fees paid by Jefferson County, and derived from the solid waste fund, for the operation of the Recycle Center and public drop-off recycle box collection program. Expanded Service Level The Contractor will complete all registration requirements to become a "Collector" under the "E - Waste Washington" electronics recycling program and will begin to accept from the public, free of charge, all acceptable materials no later than June 1, 2011. The Contractor will, for the Term of this Contract (a) Register annually with Ecology and keep the registration up to date (b) Meet certain performance standards defined in WAC 173-900-450 (c) Be listed as "in compliance" on the Collector Registration List Present and Emerging Program Needs The Jefferson County Solid Waste Management Plan sets a target recycling rate for all municipal solid waste of 20% The County continues to search for cost-effective means to improve collection rates in order to meet this goal while increasing efficiencies in material collection and processing in order to control costs This will require co -development and improvement of the program by the County and Contractor The County retains the right to contract with a party or parties of its choice for services outside the scope of the current contract. Any change of scope to the current contract will be attached as an Addendum to the present contract. 12 RECYCLING SERVICES EXTENDED CONTRACT SPECIFICATIONS Part Two — Special Provisions General Specifications Wage Requirements The Contractor shall comply with all Federal, State, and local laws and ordinances pertaining to wage requirements that are applicable to the services to be provided under this Agreement. Consideration for Special Needs Populations The Contractor will employ one (1) Full Time Equivalent employees (FTE's) with developmental disabilities through a Group Supported employment setting for the full Term of the Contract. FTE's are calculated based on 2,080 hours per calendar year. Group Supported Employment is defined as supervised employment and training in a regular business or industry sctting for groups of no more than 8 workers with disabilities. The County Developmental Disabilities program is administered through Jefferson County Public Health and supports the training of those individuals. The number of employed individuals with developmental disabilities may increase during this contract at the Contractor's discretion, but with no change in the contract compensation. If at any time the number of FTE individuals with developmental disabilities employed at the Facility through the County Developmental Disabilities program falls below one (1) FTE, the County may, upon written notice, declare the Contractor to be in default of the Contract. Upon such declaration of default, Contractor will discontinue the performance of the Recycling Services If the Contractor's surety fails to exercise the option to perform the Contractor's obligations, the County shall have the right to complete the Contract by contracting with such other persons, firms or corporations as may be necessary to complete the Contract or may complete the work with County forces Mutual Indemnification The Contractor shall indemnify and hold the County, and its officers, employees, and agents harmless from and shall process and defend at its own expense, including all costs, attorney fees and expenses relating thereto, all claims, demands, or suits at law or equity ansing in whole or in part, directly or indirectly, from the Contractor's negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require a Contractor to indemnify the County against and hold harmless the County from claims, demands or suits based solely upon the conduct of the County, its officers, employees and agents, and, provided further that if the claims or suits are caused by or result from the concurrent negligence of. (a) the Contractor's agents or employees, and, (b) the County, its officers, employees and agents, this indemnity provision with respect to claims or suits based upon such negligence, and/or the costs to the County of defending such claims and suits, etc, shall be valid and enforceable only to the extent 13 of the Contractor's negligence, or the negligence of the Contractor's agents or employees Claims against the County shall include, but not be limited to assertions that the use and transfer of any software, book, document, report, film, tape, or sound reproduction of material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, or otherwise results in an unfair trade practice or an unlawful restraint of competition. The Contractor specifically assumes potential liability for actions brought against the County by Contractor's employees, including all other persons engaged in the performance of any work or service required of the Contractor under this Agreement and, solely for the purpose of this indemnification and defense, the Contractor specifically waives any unmumty under the state industrial insurance law, Title 51 RCW The Contractor recognizes that this waiver was specifically entered into pursuant to provisions of RCW 4.25 115 and was subject of mutual negotiation Insurance The Contractor shall procure and maintain, at its own expense during the Term of the Contract, insurance as required by and specified in the Contract. Termination for Cause In the event Contractor, at any time during the Term of the Contract, fails to collect all designated recyclables from public drop-off sites or process, transport, stockpile and sell all designated recyclables delivered to the County Recycle Center, according to the terms of the Recycling Services Agreement, the County shall give the Contractor, and the Contractor's surety, 30 days written notice of the matter in default. In the event the Contractor fails to correct matters in default within 30 days the County shall have the right to declare, upon written notice, the Contractor to be in default of the Contract. Upon such declaration of default, Contractor will discontinue the performance of the Recycling Services. If the Contractor's surety fails to exercise the option to perform the Contractor's obligations, the County shall have the right to complete the Contract by contracting with such other persons, firms or corporations as may be necessary to complete the Contract or may complete the work with County forces Leasing County's Equipment and Facilities Details of the County -owned collection and processing Equipment and Processing Facilities currently in use and the monthly lease values are shown in Exhibit A, Table 4 Equipment and Facilities Lease Schedule All County owned collection bins shall be replaced by the Contractor no later than 120 days from the execution of this contract, and returned to the County The Contractor shall own all collection equipment thereafter The Contractor's agreed initial investment to complete necessary repairs and refurbishments to existing equipment has been factored into the annual lease values The Contractor has chosen to lease County -owned Equipment and Facilities, in which case the following provisions will apply Each month the Contractor shall deduct the total leasing fees due from any payment the County owes Contractor All improvements or repairs to leased Equipment and Facilities will remain in the County's ownership 14 The Contractor shall replace leased Equipment no later than the end of its estimated useful life, which is normally its depreciated life, or sooner, or unless otherwise determined by mutual written agreement between the County and Contractor The Contractor shall retain ownership of the new Equipment If the Contractor defaults on the Contract the County reserves the right to use the Contractor's Equipment to complete the Contract Term If the Term of the Contract has been fulfilled, the County reserves the right to purchase the Equipment at its depreciated value If the Equipment has reached the end of its depreciated life the depreciated value shall be the salvage value, equal to 10% of the purchase price. The Contractor will not be required to replace the County -owned Facilities under the lease terms of this Contract Maintenance and Repair of County Equipment The Contractor shall be responsible for scheduling and completing all required routine maintenance and other repairs as needed to keep Equipment in good operating condition at all times, and all repairs for damage due to neglect or abuse by the Contractor, for all County -owned Equipment that is leased to the Contractor under the lease terms Existing warranties for County -owned Equipment shall be honored and Contractor will not be responsible for paying for warranty -covered repairs or replacement The cost of all such maintenance and repairs shall otherwise be borne entirely by the Contractor The Contractor is required to maintain in good operating condition at all times, in compliance with federal, state and local requirements, all safety devices on both mobile and fixed machinery These safety devices include, but are not limited to, audible backup warning signals, emergency shutoff switches, pressure limit switches and seat belts. The Contractor agrees to sub -contract qualified, professional services for any onsite or offsite maintenance and repair work required for County -owned Equipment, except that qualified Contractor employees with approved qualifications on file may perform daily maintenance and other repair work Replacement of County Equipment All County owned collection bins will be replaced by the Contractor no later than 120 days from the execution of this contract The Contractor shall replace all other leased County -owned Equipment no later than the end of its estimated useful life, as determined during an initial point inspection and as mutually agreed between the County and Contractor The estimated useful life of a piece of Equipment, beyond its depreciation period, shall be determined based on the condition of the equipment (as determined by inspection) and its duty, and considering safety issues and risk to public health and safety The County reserves the right to remove any piece of fully depreciated Equipment from the recycle operation and sell it at public auction The Contractor shall purchase and pay the cost of replacement Equipment In the event that Contractor requires additional equipment during the Contract Term, Contractor shall be responsible for its acquisition and all associated costs The Contractor shall own all Contractor - purchased equipment 15 Maintenance and Repair of County Facilities The Contractor shall be responsible for scheduling and completing all required routine maintenance and other repairs as needed to keep the Recycle Center Facilities in good operating condition at all times, and all repairs for damage due to neglect or abuse by The Contractor The cost of all such maintenance and repairs shall be borne entirely by The Contractor Contractor's responsibility for maintenance at the public drop-off recycle collection sites will be limited to litter control, cleanup and any other conditions that may be required by the site owner or as directed by Jefferson County Public Health as the permitting agency. Maintenance Liability Limits Routine maintenance is defined as the recurrent, day-to-day, periodic or scheduled work required in preserving or restoring a real property facility Routine repair is defined as the overhaul, reprocessing, or replacement of constituent parts or materials that have deteriorated by action of the elements or usage, have been damaged, or have not been corrected through maintenance. Contractor shall be responsible for scheduling and completing all required routine maintenance and repair as needed to keep the Recycle Center Facilities in good operating condition at all times, and all repairs for damage due to neglect or abuse by the Contractor The Contractor's financial responsibility is capped at and shall not exceed $10,000 00 direct costs annually for the combined total of all the routine maintenance and repair of Recycling/Baler Buildings and Improvements. Repairs for damage due to neglect or abuse by the Contractor are not included in the annual liability total Replacement of County Facilities The County shall be responsible for the scheduling, completion, and cost of replacement, as deemed necessary by the County, of the existing recycling Facilities, including the recycle building, baler building, concrete foundation and conveyor pits, sanitary septic system, water supply system, storm water drainage system, and outside lot paving The County is not required to provide for recycle Facilities expansion or for new recycle Facilities for the proper performance of Contractor's work under the terms and conditions of this Contract. Contractor's Hours of Operation on Site The Contractor will service the existing public drop-off collection sites and the County Recycle Center during the hours as shown in Exhibit A, Table 5 Contractor's Hours of Operation on Site, except that the Main and Quilcene Transfer Stations are closed for Public Holidays The Contractor shall schedule additional hours, as required, that are necessary to provide the minimum levels of service for collection and processing The Contractor shall notify the County when recycle operations are scheduled on County -owned waste management facilities outside of normal hours of operation or on public holidays 16 Ownership of Materials Ownership of and responsibility for handling all recyclable materials collected and processed by the Contractor shall be as defined by RCW 36 58 060 Stockpiling The Contractor shall be permitted to stockpile for a reasonable period of time, as determined by the County permitting agency, designated recyclable materials for which Contractor has a sales contract, an active sales outlet, or other written agreement. Stockpiling or storage of any other materials shall not be permitted unless the County permitting agency gives prior written approval Stockpile locations shall be limited to the available areas within the existing recycle buildings or on the paved area east and south of the buildings unless the County gives prior written approval The Contractor shall remove all stockpiled recyclables from the Facilities area, either by shipping for sale or disposal as garbage, within 30 days after Contract termination Contractor shall retain any sales revenues received. Material disposed at the Transfer Station by the Contractor will be charged at the full disposal rate per ton as established from time to time by County ordinance (currently $110/ton plus tax) Compensation to Contractor The County shall pay compensation to Contractor as a monthly fee for recycling services completed, from the effective date of the contract, at the rates provided by Contractor in its Price Proposals in Exhibit A, Table 6 Compensation to Contractor The Lease Fees Schedule and the lease reduction in base payment will be amended whenever County -owned Equipment is removed from service and no longer available to Contractor Other Costs Other periodic or occasional costs that may be compensated, subject to the County's prior, written authorization, are as follows (1) Charge for Additional Recycle Boxes at Existing Sites: $0 38 per mile per roundtnp pickup & delivery The Contractor shall be responsible for the cost of replacing the sites listed in Exhibit A, Table 7 Recycle Collection Sites and Materials, that the Contractor bears responsibility for and that are no longer available for siting Payment Procedure The Contractor(s) shall keep accurate records of all materials collected, transported, delivered, processed, sold or otherwise disposed, as required by this Contract The County will make payment to Contractor once per month through its regular processing of approved invoices and warrants. 17 Contractor shall submit a single invoice by the l Otn day of each month for all services completed in the preceding month The monthly invoice will include • the base payment for service • credit for lease fees due to the County • the net payment owed to the Contractor • Weights of all designated material groups collected at each public drop-off recycle collection site, including the recycle center, by group of material The invoice should also include any other adjustments to the monthly service fee that have been authorized in writing by the County, for either a reduction in service if an approved site is closed and not replaced, or an increase in service when any additional, new recycling site is approved by the County and established by the Contractor Processing and Marketing The Contractor is obligated to continue to accept, process, and market all designated recyclable materials regardless of value unless expressly agreed to otherwise in venting by the County. The Contractor is obligated to market all materials collected and processed within the geographic scope of the Contract to commodities buyers engaged in environmentally responsible business practices per the Recyclable Materials Policy Statement, attached as Exhibit E The Contractor may at any time submit to the County for its consideration a proposal to expand material types accepted for collection, processing and sale Any request by the Contractor to add materials to those presently designated by the County shall be in writing with supporting documentation provided A request may be approved if the additional material meets the standards and spirit of the Recyclable Materials Policy Statement, attached as Exhibit E and further defined in the three (3) elements as follows 1. Materials must be sold to buyers engaged in business practices that are verified to be environmentally and socially responsible Domestic material management of the proposed commodity ensures regulatory oversight of worker and environmental safety If material management is conducted off -shore, documentation must be provided demonstrating that acceptable standards for worker and environmental safety are in place and that a regulatory authority or third -party agency provides a measure of on-going verification of these safety practices A statement of the final disposition of all materials must be provided At a minimum, this must indicate the State or Country in which materials are transported to and what the materials are remanufactured into IV 2. Materials must have a foreseeable long-term market A proposal to expand material types collected and sold as part of this Contract must contain information showing that the market for the proposed material will be sustainable for at least five (5) years For example, a proposal that includes sales to a commodity broker that has sold the proposed material types for a minimum of five (5) years would likely satisfy this element For an emergent material sector, reports from industry journals, white papers, presentations at trade group conventions or any other published materials that lend credible evidence of an area of sustained market growth for a commodity would likely satisfy this element 3. Materials must allow for the collection, processing and market delivery to be cost- effective for all parties involved A proposal to expand material types collected and sold as part of this Contract must be cost neutral for Jefferson County If there are anticipated modifications required for County facilities or any additional expenses for the County a proposal must indicate how those costs will be recovered A proposal to expand material types collected and sold as part of this Contract must be acceptable to all parties involved Public Works, as the lead agency for Jefferson County's recycling program, shall be the first party to review a proposal. If Public Works determines that the above criteria have been met, a meeting will be facilitated by Public Works soliciting the feedback from any and all agencies that may be affected by the proposal If there is consensus from all parties that the proposal satisfies the above criteria and that any other concerns have been addressed, the proposal will be accepted and planning will begin to implement the proposed expansion of material types No non -designated materials will be collected, processed or sold without prior written approval by the County. The collection, processing or sale of any non -designated materials by the Contractor without prior written approval by the County may result in the immediate termination of this Contract. Annual Report The Contractor shall provide the County with an Annual Report within 30 days of the anniversary of the start-up date that shall include: • commodity buyers by material type • market prices by material and month • final disposition of materials by material type • weights of all designated material groups collected at each public drop-off recycle collection site, including the recycle center, by group of material • summary of service traps to each site • summary financial analysis of recycling operations • summary of service trips to each site • operating status and condition of the County -owned Equipment and Facilities • work completed for routine service and other repairs on County -owned Equipment and Facilities 19 Revenue from Sales Payment received from the sales of recyclable materials processed through the recycle center, including material in inventory on the effective date of this Contract and at Contract termination, shall be retained by the Contractor as additional compensation for services performed under this Contract. Change in County Facilities Services At any time, the Public Works Director may authorize changes in the services provided by the County to the Contractor at the Solid Waste Disposal Facility Such services may be reduced or eliminated, or a charge may be made for services previously provided at no cost Any charge that is made will be based on the cost of providing the service Written notice of change in service shall be provided to the Contractor, with thirty (30) days notice given to implement the change. Change in Designated Recyclables At any time, and acting under the authority of the Board of County Commissioners, the Public Works Director may determine that recycling any one of the designated materials is no longer cost-effective or the collection of a material type is no longer aligned with the goals of the Jefferson County Solid Waste Management Plan and may remove it from the list of materials to be recycled. Such a decision would take effect following the County's written notice to the Contractor, and sufficient time allowed for the fulfillment of any signed, binding sales contracts Public Notification of Change in Recycling Service Contractor is responsible for notifying citizens of any temporary or permanent change in service, after the County has provided written request or approval of the change in service. Unless an emergency causes interruption in service, this shall be done by notice published in the County's newspaper of record for at least two weeks before the date the change in service is initiated and by appropriate professional signage posted prominently at recycle collection locations Following this proper notification, any non -listed recyclable material that is either improperly placed in recycle boxes or otherwise left at recycle collection sites shall be transported by Contractor and processed as required to remove it from the recyclables. Contractor shall dispose of such materials at the County Transfer Station as refuse, at the full disposal rate per ton established from time to time by County ordinance (currently $110/ton plus tax) Change in service includes, but is not limited to adding or removing materials accepted adding or removing recycle boxes from a site. or closing a site Operating Plan The Contractor shall submit for the County's approval, a detailed Plan of Operations, which shall include a plan for Alternate and Emergency Operations and a Litter Control Plan within 90 days 0X17 from the effective date of the Contract The Plan of Operations should include an Operations Safety component, or reference an independent Health and Safety Plan The Alternate and Emergency Operations Plan should provide assurance that Contractor's operations could be continued without interruption in the event of a loss of the Facilities proposed by Contractor for handling and processing recyclables, or any other disruption to the activities described in the Plan of Operations Resolution of Contract and Operations Issues A process will be used to resolve any operations problems, disagreements, and issues that anse during the contract Term. The process will take the following steps: • Initiate operations and contract problem solving, as needed, through Action Requests between Contractor's Division Manager and County's Solid Waste Operations Coordinator • Unresolved issues to be referred to the County's Solid Waste Manager for further review When an issue raised does not appear to be addressed by the contract or designee and/or is not being solved by the above two steps, either the Public Works Director for the County or the President for the Contractor is entitled to request Dispute Resolution/Mediation services as defined in the Contract, Item No 9 Technical Specifications Materials to be Collected The Contractor shall collect the designated groups of materials as listed in Exhibit A, Table 3- Recyclables Materials Description to achieve the nummum level of service Services Other than Those Required by Jefferson County Any request by the Contractor for delivery of other non -contracted services shall be in writing with supporting documentation and will require prior written approval by the County. The use of the site and Facilities by Contractor for non -contracted services shall not be permitted without prior written approval by the County Designated Point of Delivery Unless otherwise specified, the County Recycle Center is the designated point of delivery for recyclables collected under the terms and conditions of this Contract Recycling Collection Site Services and Locations Drop-off recycling collection sites are available throughout the County to provide convenient recycling services to the citizens, located on County -owned, other agency, or private properties 21 The designated recycle sites listed in Exhibit A, Table 7. Recycle Collection Sites and Materials shall be the minimum service level for the Drop-off Recycle Box Collection program. The Contractor shall work jointly with the County to reestablish a site in the Port of Port Townsend Boat Haven or an alternative site elsewhere The Contractor will collect full, or partially full, recycle boxes from the designated sites, haul the recycle boxes to the designated point of delivery, and return empty recycle boxes back to the sites Collections will be scheduled such that recycle boxes are normally available to accept all materials at all tunes In cases where a specific box configuration, or other special circumstance, will not allow this the recycle box turn- around time will not exceed three hours on the same day The Contractor will manage and maintain all recycle sites in a clean and sanitary condition per Chapter 173-350 WAC. The Contractor will provide professionally lettered signs indicating the materials accepted, the required separation of materials, and a phone number at which reports of litter or full boxes will be received. Signs shall also indicate the penalties for littering or illegal dumping Regular collection and disposal of litter and non -recyclable materials from collection sites will be provided by the Contractor. After notification by County Action Request, The Contractor will be required to collect and replace a recycle box that is full and/or clean-up litter from a specific site or sites, or mcur a financial penalty (see Litter Penalty) The Contractor will obtain the net weight of each designated recyclable material group, or combination of groups when collected co -mingled, collected from each site At the designated point of delivery, the Contractor will use the County's transfer station weigh scale Multi - compartment recycle boxes may require multiple weighing to obtain the separate weights of the designated material groups If a designated site is no longer available for siting recycle collection boxes, the Party responsible for site location as indicated in Exhibit A, Table 7: Recycle Collection Sites and Materials shall locate and establish at its own expense an alternative site in a comparable location, or otherwise as mutually agreed, so that service is uninterrupted The closed site shall be posted to indicate the new site location In the event that a site is closed and not replaced, the monthly compensation paid to the Contractor for Component 1 shall be reduced by an amount determined using the same per -box round-trip rate in this Contract for provision of additional collection boxes, multiplied by the average annual number of box pick-ups from that site for the preceding calendar year and divided by twelve (12) Additional Collection Sites The Contractor may establish by mutual agreement with the County, or be required by the County to establish, additional collection sites when demand for public collection recycle boxes has been determined The Contractor shall notify the County in writing which additional sites are being proposed, the service level to be provided, and any other conditions, costs, or issues before any additional sites are approved and implemented Collection Equipment The Contractor will be responsible for identifying specific site locations and negotiating with the owner for use of the site(s) All costs associated with site selection and provision and placement of recycle boxes at new sites shall be borne by the Contractor 22 For the minimum level of service the Contractor shall provide, maintain and replace all necessary Equipment to meet the requirements of the Special Provisions The Contractor has stated an interest in use of the County's existing Equipment, identified in Exhibit A, Table 4: Equipment and Facilities Lease Schedule, to achieve the minimum level of service, and has completed the Lease Fees Worksheet in the Price Proposal based on the terms and conditions of the Contract. Contractor's use of recycle boxes not owned by the County shall be negotiated with other parties independent of flus Contract Litter Control The Contractor is responsible for maintaining all public drop-off recycle collection sites in a clean and salutary manner at all times The Contractor will conduct litter pick-up four (4) days per week, or as needed, to meet the County's permit requirement, in the areas of the Jefferson County Solid Waste Disposal Facility as shown in Exhibit B Area of Litter Control and Grounds Maintenance. Litter Penalty The Contractor may be assessed a penalty fee of $100 per day after Jefferson County notifies the Contractor that service is needed, for each day that: 1 Litter and materials remain outside the recycle boxes at recycle collection sites, or 2 Full recycle boxes are not collected from recycle collection sites, or 3. Litter pick-up in the areas of the Jefferson County Solid Waste Disposal Facility as shown in Exhibit B Area of Litter Control and Grounds Maintenance is not conducted as scheduled The County's permit requirement for litter control is " to collect scattered litter as necessary to prevent vector harborage, afire hazard, an aesthetic nuisance, or adversely affect wildlife or its habitat " The County will notify Contractor of service needed by a written Action Request (email) to Contractor's Manager or Assistant Manager Contractor shall respond to the Action Request within 24 hours of receipt. If the problem has not been corrected, the $100 daily penalty fee will be charged to Contractor starting the next working day following County's receipt of Contractor's response Garbage disposed at the County Transfer Station by the Contractor will be charged at the full disposal rate per ton as established from time to time by County ordinance (currently $110/ton plus tax). It is essential that all County Facilities where storage, sorting, baling, or loading of recyclables takes place remain clean and sanitary at all times. Therefore, the Contractor may be assessed a penalty fee of $300 per day after Jefferson County notifies the Contractor that service is needed and that litter and materials remain outside the transfer and processing areas The County will notify Contractor of service needed by a written Action Request (email) to Contractor's Manager or Assistant Manager Contractor shall respond to the Action Request within 24 hours of receipt The $300 daily penalty fee may be charged to Contractor starting the next working day following the County's receipt of Contractor's response, if the problem has not been corrected Garbage 23 disposed at the County Transfer Station by The Contractor will be charged at the full disposal rate per ton as established from time to time by County ordinance (currently $110/ton plus tax) Grounds Maintenance The Contractor will provide grass mowing, weedeating and weed pulling in the areas of the Jefferson County Solid Waste Disposal Facility as shown in Exhibit B: Area of Litter Control and Grounds Maintenance. The Contractor will provide these services as necessary to maintain these areas in a sightly manner. Use of Alternate Sites If the Contractor requests the County's permission to use Alternate Collection Sites under flus Contract and the County approves the Contractor's request, the County, at its sole discretion, may increase or decrease the Monthly Service Fee based on the County's determination of the Contractor's increased or decreased costs If, as a result of The Contractor's failure to comply with any of its obligations under this Contract, The Contractor is required to use Alternate Sites to comply with its obligations under tlus Contract, the Monthly Service Fee shall not be increased to reflect increased Contractor costs Material Processing Facilities The County has made available to the Contractor, and the Contractor has opted to use, the existing recycle center processing Facilities, and the Contractor has completed the Lease Fees Worksheet in the Price Proposal subject to the lease terms of the Contract The Contractor shall use the Facilities for processing and shipping recyclables in a safe and efficient manner The Contractor has not specified, and does not require, any modifications to the County Facilities for the successful implementation of its proposed method of operation Recycle Facilities are available for Contractor's use as is, and the County does not anticipate providing for any mayor improvements The Contractor will maintain the areas immediately surrounding the County Facilities that are in use in clean and sanitary condition per Chapter 173-350-040 WAC and prevent wmd-blown litter Regular collection of contained litter will be provided Material Marketing The Contractor shall provide for marketing all designated recyclable material collected in Jefferson County that is delivered to The Contractor at the designated point of delivery The Contractor shall provide evidence to the County that material will be responsibly processed and marketed, including a list of market outlets The Contractor shall make every effort to market the material in the following order of priority 1 Locally (within Jefferson County) 2 Within Regional Markets (Olympic Peninsula and Puget Sound Counties) 24 3. Within Pacific Northwest markets (Washington, Oregon, Idaho) 4 Outside the Pacific Northwest region Disposal of any recyclable material by landfill or incineration is not acceptable, with the exception of regular garbage or debris indiscriminately placed in the recycle boxes, or of highly contaminated loads Proven evidence of improper disposal of recyclable materials will be considered grounds for Contract Termination for Cause Garbage and Contaminated Loads It is generally accepted that up to 10 percent contamination can occur in recyclables collected at public drop-off recycle collection sites, in the form of garbage, refuse or non -listed recyclables The County and Contractor also agree that there may also be some residual non-recoverable material from recyclables processing. These contaminants and residuals shall be disposed of by Contractor at the County Transfer Station and Contractor will be charged at the full disposal rate per ton as established from time to time by County ordinance (currently $110/ton plus tax). Hazardous materials, either separated from recyclables or generated by Contractor, shall be handled as described in the Recycle Operations Plan and disposed of at the County Moderate Risk Waste Facility. The Contractor will be charged the Small Quantity Generator rates as established by County ordinance. Any recycle box that requires all recyclable contents to be disposed (either by landfill or incineration) due to excessive contamination shall be documented The costs of properly disposing of these full loads at a permitted waste management facility shall be bome by The Contractor. The County shall be notified immediately when any material is disposed for this reason, rather than processed and marketed. Hazardous Material Management The Contractor shall properly train a minimum of one on -duty employee to safely manage materials suspected to be hazardous in nature The Contractor will dovetail emergency response protocol in the Contractor's Operation and Maintenance Plan with the County's emergency response protocol in the County's Operation and Maintenance Plan to provide the highest level of safety for both the County and Contractor's employees Quarterly Inspections and Meetings The County and Contractor must jointly respond to dynamic market and regulatory conditions, therefore - (a) The Contractor shall meet quarterly with the County's Operations Coordinator and/or Solid Waste Manager for a facility walk-through inspection The County will provide the Contractor with a checklist of required corrective actions following quarterly inspections. (b) The Contractor shall meet quarterly with the County's Solid Waste Manager or designee to discuss operational, planning and/or other issues 25 Contractor Responsibilities The Contractor shall provide all equipment, materials, supplies, labor and management required to successfully carry out the requirements of the Contract, including but not limited to - 1. Maintain existing level of service for the public drop-off recycle collection program. 2 Manage siting of additional recycle boxes when approved by the County to meet demand, and establish any new sites that are approved by the County under a supplemental program within three (3) months of a notice of approval 3 Maintain an approved litter/clean-up program at all public drop-off recycle collection sites 4. Maintain all recycle boxes and signage in good condition and proper working order. The cost of repairs for any damage to the equipment or the site, resulting from the Contractor's handling, or from vandalism or from wear and tear will be the responsibility of the Contractor 5. Produce educational materials and stock where the County has provided outlets 6. Provide all hauling of empty, partially full, and full recycle boxes as required. 7 Provide all necessary recycle boxes to meet the volume demand for designated recyclables. 8 Maintain records and provide reports as specified in the Special Provisions, or as directed by Jefferson County or by other governmental agencies 9 Maintain existing level of service for recycling processing and marketing 10 Maintain an approved litter/clean-up program at the Recycle Center processing facility and other areas within the County Waste Management Facility that are used for materials loading or transfer 11 Maintain all leased County Equipment and Facilities in good condition and proper working order (see Exhibit D) The cost of repairs for any damage to Equipment and Facilities resulting from the Contractor's handling, from vandalism, and from wear and tear will be the responsibility of the Contractor 12 Operate the Recycle Center facility for processing recyclable materials for shipment to market. 13 Maintain the Recycle Center facility and leased County Equipment to County specifications (see Exhibit D). 14 Maintain records and provide monthly, quarterly and annual reports as directed by Jefferson County, which shall include (1) Inventory of materials received, processed, and marketed, and (2) Where processed materials are marketed and market prices 15 Participate in all meetings with the County as required. Contractor shall attend and participate in Solid Waste Advisory Committee monthly meetings 16 Pay all utility costs associated with operation of the Recycle Center 26 County Responsibilities The County shall 1 Provide County -owned collection and processing Equipment, as requested in the Proposer's Price Proposal and mutually agreed to, under the leasing terms and conditions described. All other collection equipment is to be provided by the Contractor. 2 Notify the Contractor when a litter/cleanup or full box problem has been reported for any site 3 Audit Contractor records of quantities hauled 4 Produce and provide educational and informational materials to inform residents about the recycling program, proper recycling methods, and the location and operating hours of all public drop-off recycle collection sites. 5 The County's Contract Administrator will be responsible to administer the terms of the Contract All correspondence and questions are to be directed to this designee. 6 The County's Operation Coordinator will be responsible to adrninister the operational terms of the Contract. All correspondence and questions are to be directed to this designee and the Contract Administrator 27 Exhibit A: Tables Table 1: 2016 — 2021 Public Recycle Dro Off Site Description Site Name/Location' Hours Open to Public Materials Collected County Owned Facilities' Recycling/Baler Buildings & Improvements' Exhibit "B" — County Property J C Transfer Station Recycle Center Mon -Sat, 9 OOam — 4 30pm 1,2,3,4,5,6 Port Hadlock Elkins Road Center 24 Hrs. 1,2,3,4 Quilcene Drop Box Center M,W,F 1 OOpm — 5 OOpm Saturday 9 OOam — 5.00pm 1,2,3,4 Other, In County Facilities': Bannon, Dosewalli s State Park Park hours 1,2,3,4 Port Ludlow Village Center Village Center scheduled hours 1,2,3,4 Kala Point Community Kala Point scheduled hours 1,2,3,4 Navy Base — Indian Island Navy use only 1,2,3,4 2016 Recyclable Materials Collection: 1 — Mixed plastic and metal products 2 - Mixed paper products 3 — Glass containers 4 — Cardboard 5 — Clean shredded paper — Skookum Operation at Recycle Center 6 - Electronics — E Waste Washington products Table 1 Note'- All collection sites maintained and serviced by Contractor Table 2: 2016 — 2021 Inventory of County -Owned Recycle Center Facilities and Equipment County -Owned Facilities and Equipment' Description Transfer Station — Recycling Center 325 Landfill Road, Port Townsend, WA 98368 Recycling/Baler Buildings & Improvements' Exhibit "B" — County Property Table 2 Note' Contractor has requested use of Recyclmg/Baler Building & Improvements W Exhibit A: Tables (continued) Table 3: 2016 — 2021 Recvclables Materials Descrintion Material' General Description Mixed plastic and metal products Mixture of plastic and metal packaging plastic: tubs, buckets, plant pots, bottles and dugs, metal cans, aluminum cans and products Mixed paper products Paper, mail, newspaper, bags, magazines, phone books, paperback books, non -corrugated boxes and packaging Glass containers Glass clear, brown, green Cardboard Unwaxed flattened corrugated cardboard Clean shredded paperl Clean shredded office paper Electromcsi I E Waste Washington electronics Table 3 Note`. Contractor provides separate collection bins for each material as needed except Clean shredded paper, and Electronics materials which are collected, processed and shipped by Contractor from Recycle Center. fable 4: 2U16 — ZU21 E ul meat and 1+'acWties Lease hchedule' County -Owned Equipment List I Total Monthly Fee Rec cling/Baler Buildings & Improvements $95800 TOTAL MONTHLY LEASE AMOUNT $95800 Table 4 Note Contractor has reauested use of Recvcimg/Baler Building & imnrovements Table 5: 2016 — 2021 Contractor's Hours of Oneration on Site' SITE LOCATION DAY HOURS Recycle Center, JC Transfer Station Monday - Saturday 9 00 AM to 4 30 PM Quilcene Drop -Box Center Mon — Wed — Fn Saturday 9 00 AM to 4 30 PM 9 AM to 4.30 PM Port Hadlock, Elkins Road Center Monday - Sunday 9 00 AM to 4 30 PM Indian Island Naval Magazine Facility (limited access, may be determined by the Navy) Monday — Friday 9 00 AM to 4.30 PM All Other Non -County Owned Sites Monday - Sunday 9 00 AM to 4 30 PM Table 5 Note` Material pick up and site maintenance schedule to be on seasonal as -needed basis. 29 Exhibit A: Tables (continued) Table 6: 2016 — 2021 Compensation to Contractor 30 Base Monthly Payment Contract Period Base Monthly Payment Annual Value Months 1 - 12 $18,94710 $227,36520 Months 13 - 24 $19,46815 $233,61780 Months 25 - 36 $20,00352 $240,04224 Months 37 - 48 $20,55362 $246,64344 Months 49 - 60 $21,11888 $253,42656 Reduction in Base Monthly Payment for Lease of County -Owned Equipment and Facilities The base monthly payments shall be reduced by the amount determined from the annual lease fees for the County -owned Equipment and Facilities that Contractor has requested to lease as indicated in Table 2 This monthly reduction for lease fees is calculated as follows Contract Period Total Monthly Reduction in Payment for Lease of County -owned Equipment Monthly Value Months 1 —12 $95800 $17,98910 Months 13 — 24 $95800 $18,51015 Months 25 — 36 $95800 $19,04552 Months 37 — 48 $95800 $19,59562 Months 49 — 60 $95800 $20,16088 Net Monthly Payment The Net Monthly Payment to the Contractor (Base Monthly Payment less Reduction in Base Monthly Payment for Lease of County -Owned Equipment and Facilities) is calculated as follows. Contract Period Net Monthly Payment Annual Value Months 1 —12 $17,98910 $215,86920 Months 13 — 24 $18,51015 $222,121 80 Months 25 — 36 $19,04552 $228,54624 Months 37 — 48 $19,59562 $235,14744 Months 49 — 60 $20,16088 $241,93056 30 Exhibit B: Area of Litter Control and Grounds Maintenance 31 Exhibit C: Definitions and Terms The following terms shall have the following meaning, as used in this Agreement, unless another mearung is expressly provided for a particular term elsewhere in this document Unless otherwise specified in this document, words descnbing matenal or work that have a well- known technical or trade meaning shall be construed in accordance with that meaning generally recognized by Solid Waste professionals, engineers, and trades Agreement means this Recycling Services Contract as the same may be amended, modified, and supplemented from time to time in wnting, by mutual agreement of the Parties Alternate Processing Facility means an alternative Facility for sorting, baling and shipping recyclables, other than the County Recycle Center, that the Contractor proposes to use to meet the Contract Technical Specifications in the event the County Recycle Center becomes unavailable Alternate Processing Facility Agreement (Contract) means a legally binding Agreement or Contract between the Contractor and the owner or operator of a Processing Facility the Contractor intends to use in the event of unavailability of the County Recycle Center Alternate Collection Site means a public drop-off recycle collection site, other than the sites specified in the Contract Technical Specifications, that the Contractor proposes to use in the event that a specified site becomes unavailable Applicable Law means all Federal, State, regional or local statutes, rules, codes, regulations and ordinances that apply to any of the Contractor's operations or obligations under this Contract Authorized Representative means (a) when used with respect to the County, a Contract Administrator or other Person designated in wnting from time to time as the representative of the County with respect to this Contract which notice is delivered to the Contractor, and (b) when used with respect to the Contractor, a Person or Persons designated from time to time by the Contractor, but only if a wntten notification of that designation is delivered to the County's Authonzed Representative Capital Improvement means any repair, replacement, improvement, alteration, or addition to the Equipment and Facilities being considered in this Contract after the Commencement Date, other than any repair, replacement, improvement, alteration, or addition constituting normal maintenance of the referenced Equipment or Facility 32 Change in Law means any of the following that occurs after the date of tins Contract (a) the enactment, adoption, promulgation, modification, repeals, or changes in interpretation of any Applicable Law, (b) except as otherwise provided in this Contract, the issuance of an order, decree or judgment of any Federal, State, or local court, administrative agency or governmental officer or body, that materially increases Contractor's operating costs under this Contract, if that order, decree of judgment is not also entirely or partially the result of negligent or willful action or failure to act of the Party relying thereon, provided that the contesting in good faith of any order, decree, or judgment shall not constitute or be construed as a willful or negligent action of that Party, or (c) the imposition of any material conditions on the issuance or renewal of any official permit, license, or approval which establishes requirements making the operation costs of the Facilities financially more burdensome than the most stringent requirement in effect on the date of this Contract Without limiting the foregoing, the imposition, as a result of an event described in any of clauses (a) - (c) of this definition, of an applicable technology requirement in accordance with the Technical Specifications shall be a Change in Law Notwithstanding the foregoing, the adoption of or change, amendment or modification to any Federal tax, State tax, local tax or any other tax law shall not be considered a Change in Law for purposes of this Contract unless the change, amendment, or modification involves a tax levied solely on Solid Waste handling activities An increase in Contractor's costs shall not include costs resulting from changes in Federal, State or local tax law or any other tax law unless the change involves a tax levied solely on Solid Waste handling activities Furthermore, no application of, or change in, interpretation of the provisions of RCW 36 58 090(8) or the statutes referred to therein shall constitute a Change in Law Cities means one or more of the incorporated Cities or towns in the County that participate in the current Comprehensive Solid Waste Management Plan that authorizes the County to designate Disposal Sites for any waste onginatmg in those Cities or towns Code means the Internal Revenue Code of 1986, as amended, and the rules and regulations promulgated there under Collection Site means real property where Recycle Boxes are located for public drop-off of Recyclables, Collection Sites may be County property, or other agency owned or privately owned property, that is used for the purpose with or without a fee or use agreement Commencement Date means the date of notification of Contract Award provided by the County to the Contractor Comprehensive Solid Waste Management Plan means the County's Comprehensive Solid Waste Management Plan adopted April 2008, in accordance with Chapter 70 95 RCW, including any subsequent amendments thereto 33 Consumer Price Index or CPI means the Consumer Price Index (CPI -U) All Urban Consumers - West Urban as published from time to time by the United States Department of Labor, Bureau of Labor Statistics, or any other appropriate index as may be mutually agreed upon by the Parties Container means a commercial recycle box used for collection of Recyclables Contract means any and all matters and things that the Contract requires to be done, kept, performed and furnished by the Contractor and by the County, respectively The Contract may be amended, modified and supplemented from time to time in writing, by mutual agreement by the Parties Contractor means a sole proprietorship, partnership, limited liability company or corporation submitting a response to the Request for Proposals and, to the extent permitted by the express terms of this Contract, its successors and assigns Contractor Event of Default means the occurrence of any one or more of the events described in the Recycling Services Agreement Cost Substantiation means (a) With respect to any cost incurred by the Contractor for which Cost Substantiation is required by this Contract, for the purpose of any increases in any component of the Service Fee, delivery to the County of a certificate signed by the principal engineering officer and the principal financial officer of the Contractor stating the amount of that cost and the reason why that cost is properly chargeable to the County, and stating that the cost is a competitive price for the service or materials supplied, and (b) With respect to any cost incurred by the County for which Cost Substantiation is required by this Contract (other than any cost described in (a) of this definition), delivery to the Contractor of a certificate signed by the consulting engineer and the County's Authorized Representative, stating the amount of that cost and the reason why that cost is properly chargeable to the Contractor, and stating that the cost is and competitive price for the service or materials supplied County means Jefferson County, a political subdivision of the State of Washington, its successors and, to the extent expressly permitted by this Contract or otherwise required by law (whether now existing or hereafter enacted), its assigns County Fault means (a) Any negligent or wrongful act or omission by the County that results in or significantly contributes to a cost increase, delay, failure to meet performance standards, or other adverse event, and (b) Any County Event of Default 34 Day means a 24-hour period from 12 00 midnight on one calendar Day until the same time on the following Day Hours of Work means the operating schedule set forth in the Special Provisions and any other change mutually agreed upon between the County and Contractor Designated Point of Delivery means the location to which all recyclable materials collected through the public drop-off recycle box collection program will be delivered by the Contractor servicing the collection sites, and to which any recyclables collected by Haulers may be brought Direct Costs means, in connection with any cost or expense that either Party is reasonably required to incur under the Contract and for which reimbursement is required pursuant to the Terns of this Contract, (a) the sum of the actual costs of the Party's payroll directly related to the performance or supervision of any obligation of a Party pursuant to the Terms of this Contract, consisting of compensation and fringe benefits, including vacation, sick leave, holidays, retirement, Workers' Compensation Insurance, Federal and State unemployment taxes and all medical and health insurance benefits, plus (b) the actual costs of materials, services, direct rental costs, and supplies purchased by such Party, plus (c) the reasonable costs of any payments to Subcontractors necessary to, and in connection with, the performance of such obligation Dispose or Disposal means the proper disposition of all non -recyclable material through a properly permitted and operated solid waste Transfer Station or Disposal Site Disposal Site means the location where any final treatment utilization, processing, or deposit of solid waste occurs Dispute means any controversy or difference between the Parties hereto arising out of, or in connection with, or concerning the meaning, application, performance, or breach of the Contract Dispute Notice means a wntten notice given by one Party to the other pursuant to the provisions of the Recycling Services Contract, which set forth procedures for initiating the resolution of any Dispute Equipment means the County -owned recycle collection and processing equipment, fixed and mobile, that is leased to the Contractor for the performance of the recycling services specified in the Recycling Services Agreement Facilities means the Recycle Center, all Recycling Collection Sites, and any and all other personal and real property, including Alternate Processing Facilities as may be mutually agreed upon by the Parties, used for the performance of Contractor's obligations under this Contract Garbage means Solid Waste that remains after recyclables and compostables have been removed 35 Haulers means any Person authorized to collect and Transport Acceptable Waste in the unincorporated areas of the County or in the Cities, pursuant to a certificate of authority granted by the WUTC or any successor agency or pursuant to any other authorization required under Applicable Laws Independent Auditors means a firm of independent certified public accountants selected by the County Operations Start -Up Date means the first Day that the Contractor begins collection and/or processing Recyclables, after the County has approved a final Operating Plan, for the applicable Component of the Request for Proposals (RFP) Operating Plan means the Contractor's final Operating Plan, approved by the County, prior to the Operations Start -Up Date Person means any natural Person, partnership, point venture, limited liability company, corporation or other entity or organization, public or private and any unit of government or agency thereof Point of Sales means the first point in time, or location, at which Processed Recyclables collected in Jefferson County are sold by the Contractor, or internally transferred within the Contractor's organization Process and Processing means the acceptance by Contractor of recyclable material at the Recycle Center or any other County -designated Facility, and weighing, sorting, baling, loading (both loose and baled) recyclable material for transportation to a buyer, and such other tasks as are described in the Technical Specifications Proposal means an official response to any or all components issued by Jefferson County as this RFP package Proposer or Proponent means an individual, partnership, or corporation submitting a Proposal RCW means Revised Code of Washington Recyclables means all designated materials that can be collected and marketed separately from the normal solid waste disposal system Recycle Box mean a separate, commercial container located at Recycle Drop -Off Collection Sites, available to the general public for deposit of Recyclables Recycle Center means the recycle Facility located at 301 County Landfill Road, Port Townsend, Waslungton, and part of the Jefferson County Solid Waste Disposal Facility Recycle Drop -Off Collection Site means a location, staffed or unstaffed, where one or more Recycle Boxes are available to the general public for depositing Recyclables 36 Recycling means separating marketable materials out of the solid waste stream, and preparing them to the specifications of the potential buyer Recycling Contractor means the business entity under contract to perform recycling services for Jefferson County Recycling Services means all services described in the Specifications and Contract Documents, and any other services included in the Contract, as amended, modified and supplemented from time to time in writing, by mutual agreement by the Parties RFP means Request for Proposals, including all of its attachments Scale House means the building located directly before the weigh scale at the Jefferson County Solid Waste Disposal Facility Transfer Station, where all incommg and outgoing material weight transactions are made Service Fee means the periodic fee the County pays the Contractor, for performance of its obligations under this Contract Solid Waste means all public or commercial generated garbage, including Recyclables and other wastes Specifications means the General and Technical Specifications issued by Jefferson County as part of these RFP documents and, as amended, made a part of the Recycling Services Contract, and any other written Technical Specifications agreed to by the Contractor and the County, which Technical Specifications are incorporated herein by this reference State means the State of Washington and any other State in which any of the Facilities are located and used for purposes of this Contract Subcontractor means any Person with whom the Contractor lures for the purpose of having that Person provide labor, materials or services for the constructions or operations and performance of any of the Contractor's obligations under this Contract, with prior written consent of the County Surety means the Person approved by the County to provide the Bond, letter(s) of credit or other financial guarantee required guaranteeing or providing the funds to guarantee performance of the Contractor's obligations under this Contract Technical Dispute means a dispute regarding the conformity of the Facilities or their performance to the General and Technical Specifications which is capable of prompt resolution by the County's Solid Waste Manager or Designee based on an examination or inspection of the Facilities, the relevant standard and specifications, and the relevant data concerning Contract operations and performance Term means the length of this Contract beginning on the effective date of the contract and, unless sooner terminated as provided herein, expiring on the fourth anniversary of that date 37 Tip Fee means the prices per ton paid by Haulers and the general public at the Scale House or at other Facilities, which prices shall be determined by the County in its sole discretion Transfer Station means the Facility used by the County for the treatment, utilization, processing, or deposit of municipal solid waste Transport or Transportation means, but is not limited to, the Transportation of Trailer - Containers to and from the Recycle Center, to deliver Recyclables to a Point of Sale or to an Alternate Processing Facility Transport Facilities means Tractors, Transfer Trailers, Trailers, or Trailer -Containers, and all other property owned, leased, used, or furnished by a Contractor in providing Transport of Recyclables under this Contract Uncontrollable Circumstance means any act or event that has had, or may reasonably be expected to have, a material adverse effect on the rights or obligations of a Party to this Contract, or a material adverse effect on any one or more of the Facilities, Startup, operation of the Facilities, if that act or event is beyond the reasonable control of the Party relying thereon as justification for not performing an obligation or complying with any condition required of that party under this Contract Those acts or events are the following (a) An act of God (except normal weather conditions for the geographic area of the Facilities), hurricanes, tornadoes, epidemics, landslide, lightning, earthquake, volcano eruption, nuclear radiation, fire or explosion, extreme flooding, substantially in excess of flooding that typically occurs in the County, annually or other extreme and atypical weather conditions, an act of public enemy, war, blockade, insurrection, not, general arrest, or restraint of government and people, or a civil disturbance or similar occurrence that directly affects the operation of a Facility (but not including any labor shortage caused by those events), (b) Failure of any appropriate Federal, State or local agency or public or private utility having operational jurisdiction in the area of location of any of the Facilities, to provide, maintain, and assure the maintenance of any necessary utility, (c) A Change in Law, (d) For Contractor, a non -Contractor strike, or (e) For the County, any strike or labor dispute It is expressly understood and agreed that, notwithstanding any other provision of this definition, the following events or conditions, in and of themselves, shall not constitute an Uncontrollable Circumstance (a) Adverse changes in the financial ability of any Party to this Contract to perform its obligations under this Contract, U-9 (b) The consequences of errors of Start-up, operation or maintenance on the part of the Contractor or any of its employees, agents, Subcontractors or Affiliates, (c) The failure of the Contractor to secure patents or licenses in connection with the technology necessary to operate or maintain the Facilities, (d) The lack of fitness for use, or the failure to comply with the specifications or the design of any materials, equipment, or parts constituting any part of the Facilities, (e) The failure of any technology to perform, (f) With respect to the County, a Change in Law initiated by the County or any political subdivision of the County (other than the Cities), except as expressly mandated by State or Federal law, (g) As to the Contractor, any act or event the occurrence against which the Contractor is obligated to carry insurance under this Contract to the extent the Contractor is so obligated, and (h) Typical ice, snow and flood conditions, including those resulting in road restrictions USC means United States Code WAC means Washington Administrative Code 39 Exhibit D: 2016 — 2021 Jefferson County Recycle Equipment Preventative Maintenance Schedule FACILITIES YEAR Recycle Sorting/Warehouse Building 1983 Recycle Baler Building 1990 Covered Storage/Loadmg Dock 1990 Paved Storage Area 2001 Maintenance Task PM Codes PM Code Interval Inspect Buildings for Damage/Leaks ABC A - Every Month Inspect Electrical ABC B - Every Year Inspect Plumbing ABC C - Every 5 Years Inspect Conveyor Pits for Damage ABC Inspect Loading Dock for Damage ABC Clean and Inspect Gutters BC Clean and Inspect Roofs BC Pamt Buildings as needed C Note Inspect means inspect, repair or replace as needed 40 Exhibit E — 2011 Solid Waste Policy Statement Recyclable Materials Policy Statement Because the recycling industry operates within a system of global trade and many commodities are now delivered to overseas markets, Jefferson County must consider whether it bears responsibility to promote and maintain a high level of public health and to protect the natural environment wherever segments of the County's waste stream are sold. In consideration of the goals of the 2008 Solid Waste Master Plan and the potential consequences of a "waste export" model when used in the County's recycling program, the Jefferson County Department of Public Works and its partners in resource management have agreed that materials accepted as part of Jefferson County's recycling program shall meet the following standards: • Materials must be sold to buyers engaged in business practices that are verified to be environmentally and socially responsible • Materials must allow for the collection, processing and market delivery to be cost-effective for all parties involved • Materials must have a foreseeable long -tern market • Materials may fill a short-term market "niche" or take advantage of an emergent opportunity when the collection of these materials advances the goals of the Solid Waste Master Plan We, the undersigned, do hereby agree to these standards for all materials collected, processed and marketed to buyers as pan of, or through the use of, the Jefferson County recycling program. �Jac�eid, Sot ana n County Department of Public Works Cent Kovalenko D.M. Disposal Matt Hall, Operations Manager Skookum Educational Services 41 7 -,� - /<D Date Date 7Z9/O Date Is, Exhibit F Skookum Services - Jefferson County Public Works Solid Waste Recycle Complaint Response Communication Matrix Incoming Public Complaints of Service Message/Call JEFFERSON COUNTY PUBLIC WORKS Front Office: 360 385 9160 M -F 8:00ant - 5:00pm Refer to Skookum Site Manager - Alysa Russell Call & Email Skookum Site Manager Enter Complaints Input to SW Recycle Call Log Tom Boatman: 360 3015797 Dennis Bates: 360 3010550 Jerry Mingo: 360 3019230 Refer to Skookum Site Manager - Alysa Russell Cali & Email Skookum Site Manager Input to Front Office - SW Recycle Call Log Incoming Public Complaints of Service Message/Call SKOOKUM SERVICES Office: 360 385 4980 M -F 9:00am - 1:00pm All complaints entered into Skookum Call Log Alysa Russell - Skookum Site Manager 360-531-0645 arussellC@skoolaun.org All responses into Skookum Call Log Communication Process: As described above all recycling service and facility complaints are the responsibility of Skookum Services. Complaints received by SW are logged in and then passed onto Skookum by phone and email. Complaints received by SW Operations or Management may be directly communicated to Skookum and must be forwarded to the SW front office for log entry. Quilcene SW personnel will report directly to Operations Supervisor - Dennis Bates for recycling issue resolution. Version: 7/2/2015 Door Maw st Storage • 50 Bales ruck LD- 42 Bales RECYCLE CENTER STOCKPILE CAPACITY LIMITS Exhibit G �uee Back ' .. .._.._.._. .._.._.._..l OCC Bales I Est Bak Cap• 54 Bales Truck LD- 54 Bales I I OCC Loose • 15 Bak Cap. I I .............................. ._.._..i Baur BuWkg I ..._.._.._.._.._.._.._.._.._.. _.._..t ked Renck loose 20 Bak Cap 9' hgh 43 Ware House (Front) I Maedi Shredded Pa er Baud StormI ift 2 LDs of hfoked Paper ift 11 LDs of Shreded Paper Ruck LD -42 Bales Iked Paper ruck LD -42 Bales Shredded Papa I I , 36 ............................... I ...... Truck LD: 23 tans 20.44 drs per kwl Arg. 4z4-2,000$Avg. 1280 CF per LD. Reodres 92 bra per mat (4 LD) 5120 CF sbrage per Wt