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Department of Public Works
o Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
To:
Board of Commissioners
Philip Morley, County Administrator
From:
Frank Gifford, Public Works Director
Agenda Date:
June 21,2010
Subject:
Request for Proposals for Recycling Services
Statement of Issue:
Recycling Services for the County are currently provided for through an interim
contract. The Department of Public Works (Public Works) desires to issue a Request
for Proposals (RFP) for operations of its recycling programs. This includes the
operations and management of the County's material collection sites as well as the
operation of the Moderate Risk Waste Facility.
Analysis/Strategic Goals/Pro's & Con's:
A turnaround in commodities pricing for recyclables will likely yield contract
conditions more favorable to the County through a Request for Proposals rather than a
long-term contract extension under current terms and conditions.
FiscallmpactlCost Benefit Analysis:
Costs associated with an RFP process are budgeted for in the approved 2010 budget.
Recommendation:
Authorize Public Works to issue a Request for Proposals for Recycling and Moderate
Risk Waste Facility Operations Services.
Department Contact: Al Cairns, Solid Waste Coordinator
acairns@co.jefferson.wa.us, X243
Reviewed By:
/~" . /'/
/... /// .
/(/f2L~ ~ .C_
Philip Morl~y, i!ounty Admir:l-irlrator
./
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Date
JEFFFRSOl\ COUNTY RFCYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
NOTICE TO PROPOSERS
Request for Proposals
Recycling and Moderate Risk Waste Facility Operations Services
County Project No. 40118460
Notice is hereby given that the Board of County Commissioners of Jefferson County, State of
Washin6>1:on, will receive sealed Proposals up until the hour of 9:55 a,m, on Monday, August 23rd,
2010 at the Office of the County Commissioners, basement level of the Jefferson County Courthouse,
1820 Jefferson Street, P,O, Box 1220, Port TO\'illsend, Washington, 98368, for one or both of the
following Solid Waste Recycling Services: Operation of Residential Recycling Program and Operation
of Moderate Risk Waste Facility.
Sealed Proposals will be opened and read publicly at 10:00 a,m" or shortly thereafter, on the same
day in the Jefferson County Commissioners Chambers, basement level of the Jefferson County
Courthouse,
Proposals shall be submitted in accordance with the Instructions to Proposers within the RFP Submittal
Package, Detailed specifications are described in the Request for Proposals, The RFP can be found on
the County's Web home page for download at: htto://www.co.iefferson.wa.us/. Alternately, copies
may be obtained at the office of the Jefferson County Department of Public Works. 623 Sheridan
Street, Port Tovillsend, Washington or \vill be mailed upon request by contacting Al Cairns at: (360)
385-9243 or e-mail: acaindaJco.ietferson.wa.us
Dated this 21 sL day of June, 2010
BOARD OF JEFFERSON COUNTY COMMISSIONERS
David W. Sullivan, Chairman
1
JEFFERSON COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
INSTRUCTIONS TO PROPOSERS
This Request for Proposals (RFP) seeks proposals for delivery of one or both of the follo\\ing Solid
Waste Recycling Services:
Component 1 - Public Drop-Off Recycle Box Management and Matet"ial Processing, Shipping
and Marketing:
A1anagement of designated public drop-of! sites. periodic collection of recycle boxes fi'om those
sites, and transport of the recyclables to a designated point oldeliveryfor processing
Processing, shipping and marketing of all recyclables transported to the designated point of
de livelY, including those collectedfmm public drop-o[fsites, andji-om the City of Port Townsend
and uninC011JOrated County residential and commercial collection programs,
Component 2 - Moderate Risk Waste Facility Operations and Material Management:
Operation and Maintenance of lV/oderate Risk Waste Facility including customer service,
processing and packing of Household Hazardous Waste and Small Quantity Generator waste,
Proposers are required to submit one (1) printed format copy of Proposal on the prescribed forms
and in the marrner indicated in the RFP. Proposals must be received no later than 9:55 a.m, on
August 23rd, 2010 and shall be delivered to the County Commissioners Office, basement level,
Jefferson County Courthouse, 1820 Jefferson Street, Port Townsend, Washington, 98368.
All Proposers and/or Proposer's Sub-contractors are encouraged, but not required, to attend a
facility walk-through at the following locations and on the following dates and times:
Location: Jefferson County Recycling Center, 301 County Landlill Rd., off Jacob Miller Rd.
Date: July 14th, 2010
Time: 9 a,m, - 10 a,m,
Location: Household Hazardous Waste Facility, 282 10th Street inside the Port Townsend Industrial
Park
Date: July 14th, 2010
Time: 1 p.m. - 2 p.m,
The Jefferson County Departmcnt of Public Works will review Proposals and makc a
recommendation to the Board of County Commissioners after carcfu1 consideration. Contractor
selection will be made using criteria stated in the RFP,
Detailed specifications are described in the Request for Proposals, The RFP can be found on the
County's Web bome page for dovmload at: http://w\\w.co.iefferson.\\a.us/. Alternately, copies may be
obtained at the office of the Jefferson County Department of Public Works, 623 Sheridan Strect, Port
TO\\TIsend, Washington or will be mailed upon request by contacting Al Cairns at: (360) 385-9243 or
e-mail: acairns(il:co.ieffcrson.wa.us
2
JEFfERSON COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
Qucstions that are pertinent to the Proposal and suspccted errors within the RFP documents should bc
submitted via e-mail toacaims:U;co.ietTerson.wa.us. Responses in thc fonn of an Addendum will be e-
mailed to all Proposers of Record,
All questions must be received at least twenty (20) days prior to the Proposal due date for a
response, All Proposers' questions and the County's responses will be scnt no later than ten (10)
days prior to the Proposal due date, to all Proposers who havc receivcd the Rcquest for Proposals,
Proposals shall be accompanied by a Proposal deposit in the form of a postal money order. cashiers'
chcck, certified check payable to the Treasurer of Jefferson County, or surety bond issued to the
County by a surcty authorized to issue such bonds in the State of Washington, in an amount of 5%
of thc 151 year of Contract. This Proposal sccurity shall be given as a guarantce that if awardcd the
Contract, the successful Proposer will enter into a contract and file an acceptable performance bond
as specified in the RFP, Faxed proposals and/or surety bonds shall not be accepted,
Minority and women owned businesses, and vocational training specialized industries, shall be
afforded full opportunity to submit bids in response to this solicitation and shall not be discriminatcd
against on the grounds of sex, race, color. age, national origin or handicap in consideration of an award
of any contract or subcontract. Further, all Proposcrs are encouraged to solicit and consider minority
and women owned businesses as potential subcontractors and material suppliers for this scrvice,
The County's consideration of qualifications, teclmical and price proposals, and selection of
contractors is estimated to be completc by the cnd of September, 2010, Negotiation of a contract for
services will be started immediately thereaftcr. In the event a contract for serviccs is successfully
negotiated and awarded, thc start of operations (Operations Start-Up Date) is expected to be in
November. 2010 or as soon thereafter as possible,
The Board of County Commissioners reserves the right to accept proposals and award contraet(s) to
responsible Proposers which are in the best interest of the County, and to reject any and all
Proposals rcccived, and to waivc all informalities in the Proposal process,
3
JEFFERSON COCNTY RECYCLING SERVICES PROPOSAL SUB"llTTi\L PACKAGE
REQUEST FOR PROPOSALS FOR RECYCLING SERVICES
TO: Jefferson County Board ofCommissioncrs
623 Sheridan St.
Port Townsend, Washington 98368
PROJECT TITLE: ./ctIerson County Recycling Services RFP
Proposer's representative to contact for additional information on this Proposal:
Name:
Address:
Telephone:
Contract in the Best Interest of the County
The County reserves the right to reject any or all Proposals for any reason, or issue subsequent
Requests for new Proposals or additional information and waive any or all informalities, By
submitting a Proposal the Proposer waives any claims related to, or arising out of, the RFP process,
Proposer may respond to both Components or to Components 1 and 2 individually.
The County reserves the right to negotiate with a prospective Proposer to accept any or both
Components submitted by Proposer, Therefore, an y Proposer submitting a Proposal with the
Proposal being based upon issuance of a Contract for both Components, shall also provide a
Proposal for each individual Component based upon a Contract potentially being awarded solely for
that Component.
Recycling Scrvices Components I and 2 are described as:
Component 1 - Public Drop-Off Recycle Box Management and Material Processing, Shipping
and Marketing:
Management of designatcd public drop-off sitcs, periodic collection of recycle boxes from those
sites, and transport of the recyclab1es to a designated point of delivery for processing,
Processing, shipping and marketing of all recyclab1es transported to the designated point of
delivery, including those collected from public drop-off sites, and from the City of Port Townsend
and unincorporated County residential and commercial collection programs.
Component 1- Option A is described as:
Provision of Recycling Services for Component 1 with a Specialized Industry or Group Supported
Employment Program providing opportunities for speeial needs populations (persons with
developmental disabilities),
4
JEFrERSOl\ COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
Proposals that include a Specialized Industry or Group Supported Employment Program must
complctc thc Specialized Industry or Group Supported Employment Program Worksheet in the
Price Proposal- Component 1 section.
Component 2 - Moderate Risk Waste Facility Operations and Material Management:
Facility Operations and Maintenance; Customer Intake; Material Categorization; Bulking and
Processing; and Material and Customer Data Collection and Reporting,
Proposer confirms that he/she is submitting Proposal(s) for the following Proposal Components and
Options:
D Component 1 - Public Drop-Off Recycle Box Management and Material Processing,
Shipping and Marketing:
D Option A (Spccia1izcd Industry or Group Supported Employment Program)
D Using County Recycle Center
D Or Alternate Processing Facility
D Or Combination
D Component 2 - Moderate Risk Waste Facility Operations and Material Management:
D Using County MRW Facility
D Or Alternate Processing Facility
D Or Combination
D Off-site Collection Events
PROPOSAL GUARANTEES AND WARRANTIES FORM
1. Declaration
The undersigncd Proposer declares that the only Persons or Parties interested in this Proposal are
those named herein, that this Proposal is, in all respects, fair and without fraud, that it is made
without collusion, and that the Proposal is made without any connection or collusion with any
Person submitting another Proposal for this Contract.
The Proposer declares that this Proposal is genuine and not made in the intcrcst.. or on behalf of, any
undiscloscd person, firm or corporation and is not submitted in conformity with any Contract or
rules of any group, association, organization or corporation; the Proposer has not directly or
indirectly induced or solicited any other Proposer to submit a falsc Proposal; the Proposer has not
solicited or has not sought by collusion to obtain any advantage over any other Proposer or ovcr the
County.
5
JEFFERSON COUNTY RECYCLING SERVICES PROPOSAL SCIlMITTAL PACKAGE
2. Understanding of Local Conditions
An Informational Copy of the Public Drop-Off Recycle Box Management and Material Processing,
Shipping and Marketing Contract (Rccycling Services Contract) and the Moderate Risk Wastc
Facility Operations and Material Management Contract (Moderate Risk Waste Contract) has been
provided as part of this proposal submittal package in order to familiarize the Proposer with the
County's current MRW and recycling operations. The Proposer acknowledges that it has satisficd
itself as to the location, nature and condition of the applicable Facilities and Equipment, particularly
any County-owned facilities and equipment that the Proposer proposes to lease from the County.
The Proposer further acknowledges that it has satisfied itself as to the character, quality, and
quantity of information provided by the County regarding its Rccycling and MRW Facilities,
properties and programs. Failure by the Proposer to acquaint itself with the physical conditions of
all Facilities and Equipment, and all thc available information, will not relieve it from responsibility
for properly cstimating the costs of successfully performing the Contract(s). The Proposer warrants
that as a result of its examination and investigation of all the data rcferenced abovc, it can execute
the Contract(s) in a professional manner and to the satisfaction of the County.
3. Understanding of Proposal Process
The Proposer has familiarized itself with the nature and extent of the RFP including the
Informational Copy of the Recycling Services Contract and/or the Moderate Risk Waste Contract
and all laws and regulations that may affect cost, progress, performance, or furnishing of the
Contract. The Proposer has satisfied itself as to the services and equipment to be provided, and that
this Proposal is made according to the provisions and under the terms of the Contract which is
hercby made a part of this Proposal.
The County assumes no responsibility for any representations made by any of its officers or agents
during or prior to the execution of the Contract(s), unless (1) such representations are expressly
stated in the Recycling Serviccs Contract and Moderate Risk Waste Contract, and (2) the Recycling
Services Contract and Moderate Risk Waste Contract expressly providcs that the responsibility,
therefore, is assumed by the County. The Proposer undcrstands that by submitting a Proposal and
cntering into any negotiations that follow, the Proposer is acting at its own risk, and the Proposer
waives any rights it may have to reeeive any damages or other compensations or reimbursement for
any liability, claim, loss, or injury resulting or to result from any action or inaetion on the part of the
County concerning the evaluation and selection of Proposals by the County, any negotiations
entered into for the service, or any award of a Recycling Services Contract or MRW Contract
pursuant thereto.
Prior to the submission of this Proposal the Proposer provided the County with written notice of all
conflicts, errors, or discrepancies in the Proposal Doeuments, and written notice of all substantial
exceptions to the provisions of the RFP. All \\Titten notiees are to be sent via e-mail to
acairns,wco,iefferson.wa.us. The County's responses to Proposer's written notice of conflicts,
errors, or discrepancies in the Proposal Documents will be distributed via e-mail to all Proposers, In
submitting this Proposal, the Proposer understands the Comlly's resolution of all conf1icts, errors,
discrepancies, and exceptions as indicated in the Addenda to this RFP, The Proposer indicates its
6
JEFFERSON COUNTY RECYCLlNG SERVICES PROPOSAL SUBMITTAL PACKAGE
understanding of this resolution and hereby acknowledges receipt of all Proposal Documents and of
the following Addenda:
Number: Date:
Number: Date:
Number: Date:
Number: Date:
Number: Date:
Number: Date:
Number: Date:
Number: Date:
Number: Date:
Number: Date:
4. Acceptance of Contractual Terms and Conditions
The Proposer agrees to perform Component 1 and/or 2 under the terms and conditions of the
Contract at the prices and terms statcd in the Price Proposals for Components I and/or 2 or Alternatc
Proposal(s), as submitted, with no modifications or deletions, exeept for any agreed upon changes
during contract negotiations, technical modifications to eonform to the Contract, to the Proposer's
organizational forms and other minor technical adjustments,
The Proposer agrees that the prices and itemized costs indicated in its Price Proposal Forms
represent a true measure of the labor, equipment, materials, services, management and other costs
required to execute the Contract, including all allowances for overhead, profit, and applicable taxes
and fecs. The Proposer accepts all stated contractual penalty and enforcement provisions.
5. Signature of Proposer
Thc Proposer is hereby advised that by signature of this Proposal he/she IS deemed to have
acknowledged all requirements and signed all certificates contained herein,
A Proposal guaranty in an amount of five percent (5%) of the first year of Contract and in the form
as indicated below, is attached hercto:
CASH
In the Amount of $
CASHIERS CHECK
Dollars
7
JEFFERSON COl;l\TY RECYCLING SERVICES PROPOSAL SUB\1ITTAL PACKAGE
CERTIFIED CHECK
Dollars Payable to Jefferson County
PROPOSAL BOND
In the Amount of$
The name of the Proposer submitting this Proposal:
Business address:
Street Address:
City/State/Zip:
Fed ID No, :
UBI No,
W A State Business Licence No,
All communications concerning this Proposal shall be sent to the above stated address,
The names of the principal officers of the corporation submitting this Proposal, or of the
partncrship, or of all Persons interested in this Proposal as principals are as follows:
1.
2.
3,
4,
5,
6,
If the Proposer is a partnership, attach to this Form a copy of the partnership Contract. If the
Proposer is a corporation, attach to this form a copy of its articles of incorporation, bylaws, and
certificate of good standing, as certified by the Secretary of the Board of Directors,
If Sole Proprietor or Partnership, complete below:
IN WITNESS hereto the undersigned has set its hand this
day of
,2010
Signature of Partner(s)
Titlc(s)
Attest
8
JEI'FERSON COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
If Corporation, complete below:
IN WITNESS whereof the undersigned corporation has caused this instrument to be executed by its
duly authorized officers this _ day of . 2010
Name of Corporation
By
Title
Attest (Secretary)
9
JEFFERSON COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
QUALIFICATIONS FORM
1. General Information about Proposer
a. Name of Proposer:
b, Business Address:
Strect:
City/State/Zip:
c,
Type of Organization:
Corporation 0
Partnership 0
Joint Venture
Sole Proprietor
o
o
d. Proposer's Representative:
c, Telephone Number of Representative:
f. How many years Proposer has been in business under present name:
g, List any other names under which your firm has done business during the past 10 years and
indicate the years during which the firm was so named:
h, I I' the Proposer is a subsidiary of another firm or is intended to be a newly created
subsidiary, include the information requested in items a, through g, above for the parent
company and describe the role of the parent company in this Contract.
Name of Parent Company:
Business Address:
Street:
City/State/Zip:
Type of Organization:
Corporation 0
Partnership 0
Joint Venture
Sole Proprietor
o
o
Parent Company Representative:
Telephone Number of Representative:
How many years Company has been in business under present name:
List any other namcs under which this Company has done business during the past 10 years,
and indicate the years during which the firm was so named:
If the Proposer is a joint venture or partnership, attach to this Form a narrative dcscription
identifying the rclationship and responsibilities of the mcmbers of the joint venture or
partnership and the mutual contractual obligations of the members and include the
information requested above for all members,
10
JEFFFRSOl\ COU'IIY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
1. Has the Proposer or any parcnt or affiliated organization of the Proposer ever bcen convicted
of any conduct or been fined an amount greater than $10,000 for a civil or criminal violation
of any Fedcral, State, or local statute or regulation in conncction with a Solid Waste or
Hazardous Waste Transportation Operation and Scrvice Contracts?
Yes
D
No
D
If yes, state the name of the person, the name of the firm, the case numbcr, and the
circumstanccs surrounding the conviction or violation. Use separate sheets if necessary and
attach to this Form.
2. Proposer's Solid Waste Recycling Services and Hazardous Waste Experience
The Proposcr will provide a copy of a Solid Waste Recycling Operations Plan and/or Modcratc Risk
Waste Operations Plan that its firm has operatcd under for at least two (2) years, Indicate who
wrote thc Plan, if it is not apparcnt on its face, Include a client contract person's phone number for
this Solid Waste Recycling Operation and MRW Operation Plans.
Provide the follo\\ing information for contracts undertaken by the Proposer or Sub-Proposers that
will provide evidence to the County of experience in all the aspccts of Solid Waste Recycling and
MRW operations. Provide separate sheets showing the information a, through e. below, as
necessary to provide information for Contracts performed in the past ten (10) years up to a
maximum of five (5) contracts, Focus on projects in which thc requirements ofthc Proposer are the
most similar to the requirements of this Contract as described in this RFP.
a, Name of Facility
Location
b, Facility o','mer
Owner contact
Address
Telephone
c, Years opcrated
d, Total payment received for operations in the most recent twelve (12) month period
c, Description of Proposer's involvement in the Contract with respect to the operations,
including record of meeting performance standards
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JEFFERSON COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
3. Resumes of Key Officers and Contract Team Leaders
Attach resumes of the key officers or principals of the Proposer and identify the role and percent of
timc committed to this Contract, for thc following responsibilities:
Responsibilitv
Contract manager
Operations
Permitting
Start-up
Maintenance
Records and Administration
Percent of Time to Responsibilitv
%
%
%
%
%
%
Key Officer Name:
4. Organization Chart
Attach an organization chart for the Contract Provide sufficient detail to indicate the rclationship
between personnel for which resumes are included in this form, Indicate the ability of the proposed
management organization to provide effective lines of communication between the County and the
Proposer, adherence to the Contract schedule, and effective cost and quality control.
5. Financial Qualifications
The following information must bc provided for all companies, subsidiaries or parent companies of
thc Proposer's Contract team. Information shall be submittcd in a form that is in accordance with
generally accepted accounting principles,
(a) Copies of most recent 10-K forms filed with the D,S, Securities and Exchange Commission
(SEC) and all 10-Ks since the last filed 10-K; or, if a 10-K form is not filed \vith the SEC,
thc following (Note: In addition to the following information, a Proposer may be required to
submit additional financial information to satisfy other governmental reporting and
disclosure rules):
1, Certified audited financial statements or annual reports for the past three (3) fiscal
years to include at a minimum, income statcments, balance shects, and statemcnts of
changes in financial position, If less than three (3) years of financial statcments are
available, this information should be provided to the full cst extent possible,
2, A copy of thc latest quartcrly finaneial report,
3, A copy of the latest arrnual report.
4. Information on any material changcs in the mode of conducting business, bankruptcy
proceedings, assignments of accounts or assets, corporate restructuring, and mergers
or acquisitions within thc past three (3) years, including comparable information for
related companies and principles of companies,
5, Information on the firm's access to bank lines of credit, revolving credit Contracts,
or other sources of working capital funds.
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JEFFERSON COU"TY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
(b) A copy of thc Prospectus and Official Statemcnt, if any, for the firm's latest security
offerings,
(c) The rating on outstanding corporate debt, if any has been issued, with copies of the rating
agency reports on that outstanding corporate debt
(d) A description of all financial commitments in excess of one million dollars ($1,000,000,)
prescntly obligated, including completion guarantees on all construction projects and
operating Contracts and their bearing on the firm's financial ability to guarantee thc
pcrformance and other requirements of this Contract.
(e) A description of any outstanding contractual arrangements, including off-balance sheet
items, that may have a bearing on the ability of the firm to meet its obligations to JefJerson
County, with respect to:
I , Corporate guarantees
2, Affiliations
3. Partnerships or joint ventures (describe assets and liabilities)
4. Other sources of guarantees that may exist
(I) A description of the assets to be used to back the firm's obligations, or the recourse thc
County will havc to the firm's or parent company's assets,
(g) Evidencc of the ability to obtain a performance bond or othcr acceptable guarantec in the
amount of 100% of the first annual contract price such as a letter of interest from a Surety or
similar.
(h) Pending or potential legal actions that would materially affect the firm's financial situation
or its ability to meet its contractual obligations to Jefferson County,
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JEFfERSON COUNTY RECVCLlNG SERVICES PROPOSAL SUBMITTAL PACKAUE
PRICE PROPOSAL - COMPONENT 1
Current program operations are included in the Current Conditions section of the attached
Informational Contract to provide a basis for the Price Proposal, Proposals will be evaluated based
on the criteria listed in, and scored according to, Table 1 below:
Table 1: 2010 Recycling Services RFP Scoring System
Component 1 - Public Drop-Off Recycle Box Management and Material Processing,
Shipping and Marketing
Criteria Score Weight Weighted
(0-10) Score
Industry Experience: The County will consider the overall
time and scopc of experience described by the proposer 2
Financial Capacity: The County will consider the financial ,
capacity of the proposer to insure the program's viability in 2
consideration of a possible downturn in the recyclables
market !
Contractor Capitalization of Equipment: The County
: seeks proposals with a high level of equipment capitalization 3
and will assign points accordingl y
i Service Cost Value: Service Cost Value is defined as an
increase in scope or quality of service and/or greater public 3
benefit through additional or alternative uses of the fixed
facility and/or grounds
Lowest Cost: The County will award 5 points for the lowest
total bid 1
__
Option A - Special Needs PODulation Employment: 1
o points for no developmentally disabled employces
2 points for.78 - ,9 FTE developmcntally disabled
empl()yees .
4 points for 1,0 - 1.9 FTE developmentally disabled
employees
6 points for 2,0 - 2.9 FTE developmentally disabled
emp10yecs .--
8 points for 3,0 - 3,9 FTE developmentally disabled
employees
10 points for 4 or more FTE developmentally disabled
employees
Total Score
14
JEFFERSON COC]\TY RECYCLING SERVICES PROPOSAL SUB\1ITTAL PACKAGE
Proposer confirms that he/shc is submitting Proposal(s) including the below elements:
Option A (Specializcd Industry or Group Supported Employment Program) 0
Using County Recycle Center 0
Or A1ternatc Processing Facility 0
Or Combination 0
1. Proposer to attach details of the basis for the monthly service fee calculation, including any
applicable equipment lease fees due to the County (e.g, lump sum, fce per site, fee per site/pickup,
fee per box/pickup, fee per box/mile, hourly rate of transport, or othcr) in Table 2 below, This
calculation should include any allowance for leasing County equipment as described in Table 3
on the following page,
Table 2: Total Service Fee to Provide Services under Component 1 - Public Drop-Off Recycle
Box and Material Management
Period Total Monthly Service Fee I
I" Year $
2"" Y car $
3'" Year $
4'" Year $
5'" Year $
Jefferson County Recycling Equipment & Facilities
Within the current contract for recycling services, the County has identified three financial goals,
the first of which is to "transfer responsibility for recycling equipment purchase, replacement and
maintcnance to the rccycling contractor." The Proposer's capitalization of material collection,
processing and transportation equipment is part of the selection criteria by which Proposers will be
scorcd,
Note: The County has determined that all collection bins within the current invcntory will have
reached the cnd of their useful life by Jan, 1, 2011 and will not be used for any purpose thereafter.
It shall be the Proposer's responsibility to rcplace all collection bins no later than January 1,20] 1,
The Contract shall require that all collection bins are to bc of a uniform color: kept in a sound and
cleanly manner; and that the 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.)"
Jefferson County Recycling Equipment & Facilities Lease Fees Worksheet
Proposer has an interest in using County owned Equipment and Facilities:
Yes 0 No 0 (check one)
If yes, please complete Table 3 on the following page.
15
JEFFERSON COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
Table 3: Equipment & Facilities Lease Fees Worksheet
-~ - -- -- --- I Total I
No.
Monthlv Monthly Fee Proposer to
County-owned of F - based on No. Lease
Equip # Units ee per .
Equipment List Unit of Umts (check one)
Proposed
~-- ___n___ ---- - for Lease (1)
-I
r:ascon2~oOk Lift fZecycIe Boxes Yes No
1989 16-2/3 yd, closed top single RC62-73 6 $ 9 $
oroduct
1989 16-2/3 yd, closed top multi- RC84-94 10 $ 10 $
comnartment
1990/91 16-2/3 yd, closed top RC82/83/ 4 $ 13 $
____ m_~lti-c~I111?artmcn_~ __L 92/95 .. --
1994 16-2/3 yd, closed top multi- , RC98-101 4 $ IS $
compartment -. -- ~- . ------..- -
- -- ~~-~ --
1994 13-1/3 yd~ open top single RC96/97 2 $ 12 $
-- j'lroduct ~__~ ~- -~ -, ~--- ~--
2006 Max-Pak Horizontal Baler RCI310 I $708 .$
1-- ------... --...-- -- ---- ----- I --- - --..-
, 1989 Karl Schmidt 48" RCI2 I $ 279 $
Conveyor & FIuffer
1992 REM Feed & Sort Line RC54 I $ 417 $
Conveyor System
1994 4x4x4 Steel Bins RCI02 21 $ 3 $ ,
1.5 yd dumper hins RC33-53 7 No Value $
Recycling/Baler Buildings & 1 S 958 $
Improvements (2) ,
TOTAL ANNUAL LEASE AMOUNT i$ I
- --
(1) Proposer to provide the total dollar amount for each line item (or part thereof) that you propose
to lease,
(2) Lease amount for Recycling/Baler Buildings & Improvements includes the recycle
sorting/warehouse/office building, the baler building, eovered storage, loading dock and other
site improvements,
16
JEffERSON COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
2. Option A - Specialized Industry or Group Supported Employment Program
Worksheet
The County recognizes the community value of job placement and skill development for its
disability-challenged citizens, As such, it will score Proposals on a weighted basis and by assigning
points on a graduated scale based on the number of developmentally disabled Full Time Equivalent
(FTE) employecs included in the recycling program as indicated by the Proposer in the table below,
Proposals that includc a Specialized Industry or Group Supported Employment Program must
complete the worksheet below, Current 2009 data is providcd as reference and represents the
current client placement levels of the Developmental Disabilities Program, as administered through
Jefferson County Public Health.
Note: Performance Indicators submitted by Proposers in the Table 4 below shall be based solely on
clients scrved through the County's Developmental Disabilities Program, as administered through
Jefferson County Public Hca1th (Public Health), If a contract is awarded to a Proposer who has
submitted a Proposal with an Option A element, the number of FTE's as proposed for each calendar
year shall be the minimum per the terms and conditions of the Contract and failure to provide the
minimum level of employment as proposed in any calendar year may be grounds for immediate
termination of the Contract. Employment levels of developmentally disabled elients above the
minimum as proposed, whether p1aeed through Public Health's Developmental Disabilities Program
or through another job placement program, shall not increase the cost to the County for services
provided through the Contract.
Public Works will periodically review data provided by Public Health to ensure that the proposed
number ofFTE's as specified in the Contract satisfies the terms and conditions of the Contract.
Table 4: Specialized Industry or Group Supported Employment Program Worksheet
Performance T r Totals -
2009 2010 2011 I 2012 2013 2014
Indicators All Years
----
No, of Clients , 2
No, of FTE's I
I
(Total Hrs. I
Worked - All 0,78
Clients divided -,1-
by 2080) __ I
Total Hrs,
Worked - All 1,362 i__
Clients
----------- - ...- ---- -------- --------
Proposals that include a Specialized Industry or Group Supported Employment Program must
respond to the questions below:
1. What personnel and other requirements are needed for training, supervising, assessing and
nurturing the special needs clients?
17
JEFFERSOJ\ COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
2. What proposed recycling operations jobs are suitable for special needs populations?
4. Cost for Additional Future Collection Activities
In Table 5 below, Proposcr is to specify a cost per box per mile hauled for the placement of
additional rccycle boxes at existing sitcs (minimum level of service) and for the establishment of
new recycle collection sites in addition to those listed under minimum levcl of scrvicc,
Table 5: Cost for Additional Future Collection Activities
Existing Site - Additional Box $ /box-mile
'New Sitc - Additional Box $ /box-mi1e
5. Modifications to County Owned Facilities
Proposcr requires the following proposed modifications to County o\\lled Facilities for the
successful implementation of this Proposal (list general design requirements, if applicable),
Proposer should also statc a public/private cost sharing strategy rcqucsted for any facility
modifications that arc proposcd:
6. Proposal Description
The County has invested substantially into its Recycling Facility, As such, thc County seeks
Proposals that utilize the fixed facility to the greatest public benefit. Innovative partncrships with
other organizations through sub-contracting and/or sub-leasing are encouragcd and the County will
consider all uses of thc tixed facility that are consistent with the goals and policies of the County's
Solid Waste Management Plan (copy available upon request).
Uses of the fixed facility that are consistent with the goals and policies of the County's Solid Waste
Management Plan include but are not limited to:
18
JEFFERSON COU]\TY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
. landfill divcrted construction material reuse/resale
. bicycle reclamation, repair and/or resale
. collection site for cooking oil/grease conversion to biofucl
. resale of landfill diverted furniture and/or othcr household or office goods
. community workshops, meetings, special cvents or other gatherings that support the goals
and policies of the County's Solid Waste Management Plan
. material buy-back program(s)
. E-waste collection as an approved collector through the W A State collection program
. collection of mercury containing light bulbs and/or other special wastes as an adjunct to
the County's Moderate Risk Waste Facility
. biomass conversion of construction wood waste
The County will consider any such cost-effective revisions to the currcnt service delivery model
that expand the service area and/or increase the quality of the recycling program in its current
configuration. Revisions to the current program that eould potentially expand the service arca
and/or increase the quality of services delivered might include, but are not limited to:
. decentralized material processing
. regionalized or multi-county collection, processing and market delivery
. multiple staffcd collection facilities
. expansion of services to underserved populations
lncludc here, or attach to the Proposal Submittal Package, any information that the Proposer wishes
to be considered as a part of this Proposal.
Description of Work: Componcnt 1, Public Drop-Off Recycle Box Management and Material
Processing and Marketing:
19
JEFFERSON COUNTY RECYCLING SERVICES PROPOSAL SlIBMIITi\L PACKAGE
7. Alternate Processing Facility
Proposer shall identify any Alternate Processing F aeility proposed for the Component 1 operations,
and shall identify the materials processed or other processing operations that will be undertaken at
each Facility listed below:
Facility:
Contact Name:
Address:
Recycle Center
Jefferson County
301 County Landfill Road
Port Townsend, W A 98368
Alternate Facility:
Contact Name:
Address:
Phone:
20
JEFFERSOl\ COUXI'Y RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
PRICE PROPOSAL - COMPONENT 2
Proposals will bc evaluated bascd on the criteria listed in, and scored according to, Table 6 below.
Table 6: 2010 Recycling Services Contract RFP Scoring System
Component 2 - Moderate Risk Waste Facility Operations and Material Management
Criteria [ Score I Weight Weighted
(1-10) Score ,
Industry Experience: The County will consider the
overall time and scope of experience described by the 2
proposer
Financial Capacity: The County will consider the
financial capacity of the proposer in consideration of the 2
risk and liability ofMRW Operations
Service Cost Value: Service Cost Value is defined as an ,
.increase in scope or quality of servicc and/or greater public' 3
bcnefit through modilications to the service delivery model
References: The County will consider feedback from 3
Proposer's referenees
Lowest Cost: The County will award 5 points for the 1
lowest total bid
Total Score
Current program operations are included in the Current Conditions section of the attached
Informational Contract to provide a basis for the Price Proposal.
Component 2 services are described as:
Moderate Risk Waste Facility Operations and Maintenance; Customer Intake; Material
Categorization; Bulking and Processing; and Material and Customer Data Collection and Reporting.
Proposer conlirms that he/she is submitting Proposa1(s) including:
Csing County MRW Facility
Or Alternate Processing Facility
Or Combination
Off-site Collection Events
D
D
D
D
21
JEFFERSON COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
1. Jefferson County Facilities Lease Fees
Proposer has an intcrest in using Collnty owned Facilities:
Yes D No D (check one)
If yes, please complete Table 7 bclow, Monthly Lease Values are based on 2009 Port of Port
Townsend Leasc Rates, Facilities are further described in the Informational Contract included in
this package,
Table 7: Facility Lease Value
County-owned Faeility Monthly Lease Proposer to Usc? (check one)
Fee Value
Yes No
MRW Facility Buildings & Improvements $ 1,853.75
The Contractor has factored the lease value of the Facility into the monthly service fee as proposed
in Table 8 below.
Table 8: Total Monthly Service Fcc to Provide Services under Component 2 - Moderate Risk
Waste Facility Operations and Material Management
Period Total Monthly Service Fee
1st Year $
2"d Year $
3'0 Y car $
4"' Year $
5'" Year $
3. Off-site Collection Events Fcc Worksheet
The County may consider substituting oft~site collection cvcnts for tlxed-facility operations either
in part or in whole and may award this service as a separate Contract. Proposers who wish to
include otI-site collcction event services in this RFP should prepare Table 9 on the following page
accordingly,
22
JEFFERSO"l COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
Compensation to the Contractor for operating these events, if the County deems such events
neccssary, shall be as calculated in Table 9 below.
Table 9: Off-site Collection Events Fee Schedule
Period Total Fee per Collection Event
]" Year $
2"d Year $
3rd Year $
4'n Year $
. SlliYear $
4. Compressor Unit Material Management
The County seeks cost-effective material management for appliances containing compressor units,
such as refrigerators and air conditioners, disposed of at its Transfer Station (Port Townsend) and
Rural Drop Box (Quileene) Facilities. Proposers are invited to describe a material management
program for these materials and a fee schedule for such a program below, The County may
consider this element of the RFP as a service contract outside of the othcr scope of services
contained herein and Proposers should propose a material management program and fec schedule
accordingly,
5. Modifications to County Owned Facilities
Proposer requires the following proposed modifications to County owned Facilities for thc
successful implementation of this Proposal (list general design requirements, if applicable),
Proposer should also state a public/private cost sharing strategy requested for any facility
modifications that are proposed:
23
JEFFERSON COUNTY RECYCLING SERVICES PROPOSAL SLBMITTAL PACKAGE
6. Proposal Description
The County will consider any such cost-effective revisions to the current service delivery model
that cxpand the service area and/or increase the quality of the program in its current configuration.
Rcvisions to the current program that could potentially expand the service area and/or incrcase the
quality of services delivercd might include, but are not limited to:
. decentralized material collection through multiple rural county collection events
. regionalized or multi-county collection, processing and disposal arrangements
. extendcd hours of fixed facility operations
Include here, or attach to thc Proposal Submittal Package, any information that the Proposcr wishcs
to bc considered as a part of this Proposal.
Description of Work: Component 2, Moderate Risk Wastc Facility Opcrations and Matcrial
Managcmcnt Contract:
7. Alternate Processing Facility
Proposer shall identify any Altcrnate Processing Facility proposed for thc Componcnt 2 Moderate
Risk Wastc Facility Operations and Matcrial Managemcnt Contract, and shall identify the matcrials
processcd or other proccssing opcrations that will be undcrtaken at each Facility listed below:
Facility:
Contact Namc:
Addrcss:
MRW
Jefferson County
282 10th Street
Port T ownscnd, W A 98368
Altcrnatc Facility:
Contact Namc:
Address:
Phone:
24
JEffERSON COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
SUBMIT THE
ENCLOSED PROPOSAL BOND
FORM WITH YOUR PROPOSAL
USE OF OTHER
FORMS MAY SUBJECT
YOUR PROPOSAL TO REJECTION
25
JEFFERSON COCNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
PROPOSAL BOND
KNOWN ALL MEN BY THESE PRESENTS, That we,
of
as principal, and the
a corporation duly organized under the laws of the state of
and authorized to do business in the State of Washington, as surcty, arc held and firmly bound unto the
County of Jefferson in the full and penal sum of five (5) percent of the first annual Proposal amount of
the bid proposal of said principal for the services hereinafter described, or $5000 whichever is greater,
for the payment of which, well and truly to be made, we bind our heirs, exeeutors, administrators and
assigns, and successors and assigns, firmly by these presents.
The condition of this bond is such, that whereas the principal herein is herewith submitting his
or its sealed proposal for the following serviccs agreement, to wit:
Jefferson County Recycling Services Contract \vith Proposal Specifications attachcd by reference
said bid and proposal, by reference thereto, being made a part hcreof.
NOW, THEREFORE, If the said proposal bid by said principal be accepted, and the contract be
awarded to said principal, and if said principal shall duly make and enter into and executc said
agrcemcnt and shall furnish bond as required by the Department of Public Works within a period of
twenty (20) days from and after said award, exclusive of the day of such award, then this obligation
shall be null and void, otherwise it shall remain and be in full force and effect
IN TESTIMONY WHEREOF, The principal and surety have caused these prcsents to be
signed and sealed this day of , 20 I 0,
(Principal)
(Surety)
(Attorney-in-fact)
26
JEffERSON COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
NON-COLLUSION DECLARATION
I, by signing the Proposal, hereby declarc, under penalty of perjury under the laws of the United
States that the following statements are true and correet:
1. That the undersigned person(s), firm, association or corporation has (have) not, either
directly or indirectly, entered into any agreement, participated in any collusion, or
otherwise taken any action in restraint of free competitive bidding in conncction with the
project for which this proposal is submittcd,
2, That by signing the signature page of this proposal, I am deemed to have signed and
havc agreed to the provisions of this declaration.
If Sole Proprietor or Partnership, complete below:
rN WITNESS hereto the undersigned has set its hand this
day of
,2010
Signature ofPartner(s)
Title(s)
Attest
If Corporation, complete below:
IN WITNESS hereto the undersigned has set its hand this
day of
,2010
Name of Corporation
By
Title
Attest (Sccretary)
27
.!EFFERSON COCl\TY RECYCLING SERVICES PROPOSAL SUBMITTALPACKAGE
28
JEFFERSON COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
CERTIFICA TION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY, AND
VOLUNTARY EXCLUSION
The Contractor certifies to the best of its knowledge and belief, that it and its principals:
(I) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
(2) Have not within a 3-year pcriod preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a
public transaction: violation of Federal or State antitrust statutes or commission of embczzlcment,
theft, forgery, bribcry. falsification or destruction of records, making false statements, or receiving
stolen property:
(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this
certification; and
(4) Have not within a 3-year period preceding this contract had one or more public transactions (Federal,
State, or local) terminated for cause or default.
Where the Contractor is unable to certify to any of the statements in this ccrtification, such Contractor shall
attach an explanation,
Name of Contractor
Name and Title of Authorized Reprcsentative
Signature of Authorize Representative
D I am unable to certify to the above statement, An explanation is attached.
29
JEFfERSON COUNTY RECYCLING SERVICES PROPOSAl. SUBMITTAL PACKAGE
SUBCONTRACTOR LIST
(To be submitted with the Proposal)
Services to be performed by SubContractor(s) are to be listed below the SubContractor(s) name, If
no SubContractor is listed below, the Proposer acknowledges that it docs not intend to use any
SubContractor to perform any of the Services described in the Rf'P,
SubContractor Name
Services to be Performed
SubContractor Name
Services to be Performed
SubContractor Name
Services to be Performed
SubContractor Name
Services to be Performed
SubContractor Name
Services to be Performed
SubContractor Name
Services to be Performed
30
JEHERSOl\ COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
RECYCLING SERVICES CONTRACT - COMPONENT 1
CONTRACT
JEFFERSON COUNTY, WASHINGTON
THIS AGREEMENT, made and entered into this day of
between the COUNTY OF JEFFERSON (the County), acting through
Commissioners and the Director of Public Works under and by virtue
amended and , hereinafter called The Contractor.
, 2010,
thc Jefferson County
of Title 36, RCW, as
WITNESSETH:
That in consideration of the terms and conditions contained herein and attaehed and made a part of
this agreement, the parties hereto covenant and agree as follows:
I, The Contractor agrees to furnish all labor, supervision, management and equipment and
provide certain services in a manner consistent with the terms, conditions and obligations found
within this Contract and all certain attachments to this Contract (i,e., "Recycling Services Contract-
Component 1, Part One - Current Operations," "Recycling Services Contract-Component 1, Part
Two - Special Provisions," "Appendix A"Definitions and Terms" and "Appendix B-Jefferson
County Recycle Equipment Preventive Maintenance Schedule," collectively the "Contract
Documents"), to wit: That the Contractor will undertake and complete the following described
scrV1CCS:
PROVIDE RECYCLING SERVICES FOR JEFFERSON COUNTY, WASHINGTON
for the total sums not to exceed the following amounts paid in monthly installments for services
provided:
Period Total Monthlv Serviee Fee
1sL Year $
2nd Year $
3'd Y car $
4th Year $
5" Y car $
Except that these amounts shall be reduced to the extent authorized in the Contract Documents. No
conduct of a party shall constitute accord and satisfaction, unless contained in writing to such effect
and signed by the parties. Any waiver by either party of any breach thereof by the other shall not be
considered a waiver of any future similar breach, This Contract contains all the agreements
between the parties; and there shall be no modification of the agreements contained herein except
by written instrument"
The Contractor shall complete the described services as follows: with a start date of ,
20]0 and a completion date of ,2015. The County reserves the right to renew this
Contract for a single second five (5) year period under the identical terms and conditions of the
initial Contract between the parties and must give notice of its intent to renew the Contract not less
31
JEFFERSON COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
than 180 days before the completion date listed above. 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 Contraetor to employ, and
does employ The Contractor to furnish the goods and equipment deseribed and to furnish the same
according to the attachcd Specifications and the terms and conditiol1sherein contained, and hereby
contracts to pay for thc 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 further agrees to employ The Contractor to perform any altcrations in
or additions to the services provided for in this contraet that may be ordered and to pay for the same
undcr 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 lor 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 scrvices, The Contractor shall obtain at its 0\\11 cost and expense
insurance as follows. The Contractor shall provide to the County Risk Manager ccrtificates of
insurance with original endorsements affecting insurance required by this clause prior to thc
commcnccmcnt of serviees to be performed.
The insurance policies required shall provide that thirty (30) days prior to cancellation,
suspension, reductiol1 or material 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.
I l' any of the insurance requirements are not complied with at the renewal date of the
insurance poliey, 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 contraet number or
some other form ofidentilication necessary to inform the County of the particular contract affected,
A. Workers Compensation and Employcrs Liability Insurance, The Contractor shall
procure and maintain for thc life of the contract, Workers Compensation Insurance,
including Employcrs Liability Coverage, in accordance with the laws of the State of
Washington,
B. General Liability<l) - with a minimum limit per occurrence of one million dollars
($1,000,000) and an aggregate of not less than two million dollars ($2,000,000) for bodily
32
JEFFERSON COCNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
injury, death and propcrty damagc un1css othcrwisc spccified in thc contract spccifications,
This insurance covcragc shall contain no limitations on thc scopc of the protcction providcd
and indieatc on thc ecrtificatc of insurancc the following coveragc:
1. Broad Form Propcrty Damagc with no cmp10yce exclusion;
2. Pcrsona1 Injury Liability, including extcnded bodily injury;
3. Broad Form Contractual/Commercial Liability including complctcd opcrations;
4. Prcmiscs - Opcrations Liability (M&C);
5. Independent Contractors and Subcontractors; and
6. Blanket Contractual Liabilitv,
(I) Note: Thc County shall bc ;amcd as an additional insured party under this policy,
C. Automobilc(2) - with a minimum limit pcr occurrcnce of $1,000,000 for bodily
injury. dcath and propcrty damagc unlcss otherwise spceified in the contract spccifications,
This insurancc shall indicatc on thc ccrtificate of insurance thc following coverage:
I, Owncd automobiles;
2, Hired automobilcs; and,
3, Non-owned automobilcs,
(2) Note: Thc County shall be named as an additional insurcd party under this policy.
Any deductib1es or sc1f-insurcdretention shall be dcclared to and approved by thc County
prior to the approval of the contract by the County, At the option of the County, thc insurer shall
rcduce or eliminatc deductibles or self-insured retention or The Contractor shall procure a bond
guaranteeing payment of losses and rclated investigations, claim administration and dcfense
expenscs,
Thc Contractor shall includc all subcontractors as insured under its insurancc policies or
shall furnish separate certificatcs 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 rcquirements
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
partics that the insurance policies so affccted shall protect both parties and be primary coveragc 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 agcnts and agencies) for paymcnt of any prcmiums or for
assessments under any form of policy. It is further agrecd by the parties that any and all deductib1es
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 bc withheld from paymcnt due, or to
33
JEHERSO}.; COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
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,
5, The Contractor shall comply with all Federal, State, and local laws and ordinances
applicable to the services to be donc under this Agreement. This Agreement shall be interpreted
and eonstrued in accord with the laws of the State of Washington and venue shall be in Jefferson
County, W A,
The Contraetor shall indemnify and hold the County, and its officers, employees, and agents
harmless from and shall process and defend at its O\\TI expense, including all costs, attorney fees and
expenses relating thereto, all claims, demands, or suits at law or equity arising 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 v.ith respect to claims or suits
based upon such negligencc, 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 usc 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 otherwisc results in an unfair trade practice or an unlawful restraint of competition,
The Contractor spccifically assumes potential liability for actions brought against the
County by Contractor's employees, including aIJ other persons engaged in the performance of any
service required of The Contractor under this Agreement and, solely for the purpose of this
indcmnification 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 indepcndent 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 Contraetor or other persons engaged in the
performance of any service requircd of The Contraetor under this Agrecment shall be considered
employees of The Contraetor only and any claims that may arise 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,
34
JEFFERS01\ COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
8. Nothing in the foregoing clause shall prevcnt the County, at its option, from additionally
requesting that The Contractor deliver to thc 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 thc County to ensure that The Contractor is making legitimate efforts to meet
thc expectations outlined in the contract. Either party can suggest dispute resolution/mediation
whcn 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 partics
must agree on the party that will either mediate thc issue or attempt to resolve the dispute, During
such periods, fines and other compliance measures will be stopped pending the outcomc of the
proccss, The same parties may suggest binding mediation and/or binding arbitration whcre
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 represcntation not set forth herein is excluded.
Amendments to this eontract shall be in writing and executed by both parties.
11. The County's authorized rcpresentativc is:
Jack Reid
Solid Waste Manager
623 Sheridan St.
Port Townsend, W A 98368
Contractor's authorized representative
Name
Title
Address
City, State, Zip
Any notice given by either the County or Contractor shall be scrved, if delivered in person,
to the office of thc authorized representative, or if deposited in the mail, properly stamped
and addressed to the office of the authorized representative. Eithcr the County or The
Contractor shall have the right to change its representative by giving the other party due
noticc in \\Titing of such a change,
35
JEFFERSON COUNTY RECYCLIJ\G SERVICES PROPOSAL Sl;BMITTAL PACKAGE
IN WITNESS WHEREOF, the Contractor has executed this instrument on the day and year first
bclow written and the Board of County Commissioners has caused this instrument to be executed by
and in the namc of said County of Jefferson the day and year first abovc written,
Executed by the Contractor
,2010
By:
Titlc: President
State of Washington, Contractor Registration Number
SEAL:
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
David W, Sullivan, Chair
Phil Johnson, Member
John Austin, Member
ATTEST:
Approved as to form only this_
day of ,2010,
David Alvarez
Deputy Prosecuting Attorney
Lorna L. Delaney, Clerk of the Board
Frank Gifford
Public Works Director
36
JEFFERSON COt;NTY RECYCLING SERVICES PROPOSAL SUB\1ITTAL PACKAGE
CONTRACT BOND
JEFFERSON COUNTY, WASHINGTON
KNOW ALL MEN BY THESE PRESENTS:
That
, of
. as
Principal, and
COUNTY or JEFFERSON. the penal sum of
, as Surety, are jointly and severally held and bound unto the
Dollars
($
), for the payment of which we jointly and severally bind ourselves, or heirs, 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
, AD" 20J 0, the
Jefferson,
by the
terms,
, Principal herein, executed a certain contract with the County of
conditions and provisions of which contract the said
said
, Principal herewith, agrees to fumish all materials and provide certain serviccs, to-wit: That the said Principal
herein will undertake and complete the following described services:
J
in Jefferson
County, Washington, as per maps, plans and specifications made a part of said contract, which contract as so
executed, is hereunto attaehed, and is now referred to and by this refcrencc is incorporatcd hcrein and made a
pa't hereof as full for all purposes as ifhcre set forth at length,
NOW THEREFORE, if the Principal herein shall faithfully and truly observc 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 Principal undertaken to be performed under said contract upon the terms
proposed therein, and within the time prescribed therein, and until the same is accepted, and shall pay all
laborers, mechanics, subcontractors and materialmen, 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 rcspects faithtlLlly
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
,2010
SURETY COMPANY
PRINCIPAL
By:
By:
By:
Attomcy-in-fact
Address oflocal office and agent of
Surety Company
37
JEFfERSON COI;],TY RECYCLING SER VICES PROPOSAL SUB"lITTAL PACKAGE
RECYCLING SERVICES CONTRACT - COMPONENT 1
Part One - Current Operations
Introduction
Thc County "ill cntcr into a fivc (5) year contract with thc successful proposer for colleetion,
processing and marketing of recyc1ab1es received through countywide, multi-material voluntary
drop-off, residential curbside, and commercial collection programs, The Contract start date is in the
year 2010 and will terminate in the year 2015, 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 within fifteen (15) days following the written notiee of
termination,
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 Waste Management Facility site, approximately 3 miles outside the
City of Port Townsend, The existing Jefferson County recycling program includes:
'vlanagement and operation of recycle colleetions 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. Management and operation of recycle processing at the Recycle
Center includes processing recyeiables brought in from all County eollection sites and from the
contract and certificated hau1crs' and residential and commercial colleetions, and sa1cs and shipping
(loose and baled) of sorted recyclables.
The rccycling 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 eurrent
Recycling Contractor employs people with disabilities or with other barriers to employment in
proecssing reeycle materials,
Recyclable materials brought in to the Recycle Center by the contracted (City) and Garbage-
Certificate (unincorporated county) haulers and by the Rccycling Contractor, and all materials
proecssed at the Recycle Center, are weighed at the transfer station scale housc located adjacent to
the Recycle Center.
Thc transfer station, scale housc, and recycle center are opcn to the public from 9:00 a,m, to 4:30
p,m, 'vlonday through Saturday and closed all Sundays and public holidays,
38
JEFFERSON COUNTY RECYCLI"G SERVICES PROPOSAL SUBMITTAL PACKAGE
Public Holidays
County facilities are closed on the following public holidays:
New Years Day
Martin Luther King, Jr. Day
Presidents Day
Memorial Day
Indcpendencel)ay
Labor Day
Veterans Day
Thanksgiving Day
Christmas Day
Current Level of Service
January 1
3rd Monday in January
3rd Monday in Fcbruary
Last Monday in May
July 4
1st Monday in September
November 11
4th Thursday in November
December 25
Collection at Public Recycling Drop-Off Sites
Public drop-off collection sites havc been established to provide better aceess to recycling for all
County residents and to increase participation in the recycle program. There are currently eight
collection sites county-vv-ide, serviced by the County's recycling contractor, with from one to six
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 Table lOon the tollowing page,
39
JEFFERSON COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
Table 10: Public Recycle Drop-Off Site Description
Site Name/Loeation
Other - In Countv
Brinnon, Dosewallips State Park
Port Ludlow Villagc Center
Chimacum Creek Primary
Kala Point
Indian Island Navy Base
Other -In City
f F ort Worden
PT Tvler 51.
Recv~lable Matcrial Collected
1 - Aluminum CansITinned Cans
2 - Mixed Waste Paper
3 - Brown, Green & Clear Glass
4 - Newsprint ONP
5 - Corrugated Cardboard OCC
6 - Plastic bottles/jugs, PET-1 and HDPE-2 (natural and solid)
7 - Electronics
Countv-Owned
,Recycle Ccnter, JC Transfcr
Station
Port Hadlock, Elkins Road
QuiIcene Transfer Site
Hours of Operation
No,of l
Recycle Materials
Boxes
MON-SAT, 8:30 AM -4:30
PM
24 hrs
MWF, 1 PM to 5 PM and
SAT, 9:00 AM to 5 PM
6
5
4
1 thru 7
1 thru 6
I thru 6
Park hours
24 hrs
school schedule
closed at dusk
requcst to Navy
3 1 thru 6
5 1 thru 6
1 1,2,4,5,6
3 1 thru 6
I 1,2,4,5,6
2 1,2,3.4,6
I 1,3,5,6
~sed at dusk
24 hrs
.J
NOTE: Fort Worden and Tylcr Street locations are managed and serviced by thc City's
Contractor, and will not be included in the Scopc of Services, The remaining locations are
currently managed and serviced by the County's Recycling Contractor.
Curbside and CommercillFCollections
In the City of Port Townsend, recyclab1es collected from single and multi-family rcsidences,
businesses, and community drop boxes by the City's contracted hauler are currently delivercd to the
County Recycling Center. All City residcnts pay for this service through residential garbage
collection rates established by the City,
The collection service in thc 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 residenccs,
businesses, and drop boxes by the WUTC's "Garbage -certificate" hauler, are either delivcred to
the County Recyeling Center or taken out of Jefferson County. The current Recycling Contractor
40
JEFFERSON COUNTY RECYCU1\G SERVICES PROPOSAL SUBMITTAL PACKAGE
also directly services some commercial accounts to colleet high-grade paper.
Processing Facility (Recycle Center)
All recyclable materials brought to the Recycle Center are processed hy the Recycling Contractor in
preparation for shipment to market.
The Recycle Center faeility consists of a recycling building, constructed in ] 983, 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 tluffer 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 facilitics, collcction and processing equipment at the Recycle Center are listed
in Table 11 below, All colleetion bins will be replaced by the Contractor no later than January 1",
2011, All collection bins are to be of a uniform color; kept in a sound and cleanly manner, and; the
bins will prominently bcar the Contractor's name and service contact information, i.e.: "For Service
of this Equipment Please Phone: (Contractor's Phone No,)"
Table 11: Inventory of County-owned Facilities and Equipment
I Count} owned Facilities and Equipment
I No of Units I
- .
1989 16-2/3 yd, HL Box 6
1989 16-2/3 yd. HL Box 9
] 990/91 ] 6-2/3 yd, HLBox 4
199416-2/3 yd, HL Box '.. 4
199413-1/3 yd. HL Box . ,
.)
1994 4x4x4 Steel Bins 21
1.5 yd dumper bins . 7
Recycling/Baler Buildings & Improvements 1
2006 Max-Pak Horizontal Baler I
1989 Karl Schmidt 48" Conveyor & Fluffer 1
1992 REM Feed & Sort Line Conveyor System 1
41
JEFFERSON COUNTY RECYCL1:-JO SERVICES PROPOSAL SUBMITTAL PACKAGE
A dcscription of matcria1s collected and processed by the Contractor is found in Table 12 below.
Table 12: Recyclables Materials Description
Commodity Collected Dcscription
Aluminum Cans UBCs and foil
Tinned Cans Food and beverage containers only
Mixed Waste Paper Junk mail, magazines, paper, phone books, paperbacks, non-
corr. cardboard
Brown, Green & Clcar Bottles and jars only; no ceramics, window glass, auto glass
Glass
Newspaper Newspaper and inserts
Corrugated Cardboard Includes unbleached kraft paper bags and containers
PET-I & HDPE-2 Soda, juice and water bottles. milk and water jugs; no
colored #2 or tubs
Office Pack Paper Colored, blueprint, shredded papcr, cnvclopes, file folders,
magazincs, catalogs
Whitc Lcdger (businesses) Copy paper, white bond paper & envelopes
Recycling Costs and Revenues
The County has provided the recycle buildings and the majority of fixed and mobi1c cquipment for
the Recycling Contractor under a 1easc agreement. The County has paid for other capital
improvcment projects including site drainage, paving, septic system and potable water supply,
through its annually approved solid waste system budget.
The Recycling Contractor's direet costs ofreeycling have included:
. Labor costs for all collection and processing activities
. On-highway and ojJ-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 has been obtained from two sources:
. All rcvcnue 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,
42
JEFFERSON COUNTY RECYCLIJ\G SERVICES PROPOSAL SUBMIITAL PACKAGE
Financial Goals
The financial goals of the County 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
rccycled
Present and Emerging Program Needs
The Jefferson County Solid Waste Management Plan sets a target recycling rate for all municipal
solid wastc of 50%, The County continues to search for cost_effective means to improve collection
rates in ordcr 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.
43
JEFFERSON COUNTY RECYCUJ\G SERVICES PROPOSAL SlIIl\cIITTAL PACKAGE
RECYCLING SERVICES CONTRACT - COMPONENT 1
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 done under this Agreement.
Consideration for Special Needs Populations
Currently the Recycling Center employs ,78 FTE's with developmental disabilities through a Group
Supported employment setting, Group Supported Employment is defined as supervised
employmcnt and training in a regular business or industry setting for groups of no more than 8
workers \\ith disabilities.
The County Developmental Disabilities program, administered through Jefferson County Public
Health, currently supports thc training of those individuals, The number of employed individuals
with dcvclopmcntal disabilities may increase during this contract at the Contractor's discrction, but
with no change in the contract compcnsation, If at any time the number of FTE individuals with
developmental disabilities employed at the Facility through the COllnty Developmental Disabilities
program falls below, 78 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 pcrformance of
the Recycling Services, If the Contractor's surety fails to exercisc thc 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 fccs
and expenses relating thereto, all claims. demands, or suits at law or equity arising in whole or in
part, dircctly or indirectly, from thc Contractor's negligence or breach of any of its obligations
under this Agrccment; 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 arc causcd by or result from thc concurrent negligence of: (a) the Contractor's agents or
employees; and, (b) the County, its omcers, employees and agents. this indcmnity 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,
44
JEfFERSON COU;o<TY RECYCLING SERVlCES PROPOSAL SIIWvUITAU',\CKAGE
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,
delivcred 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
scrvice 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 RCW, The Contractor recognizes that this waiver was spccifically
entered mto pursuant to provisions of RCW 4,25,115 and was subject of mutual negotiation,
Insurance
The Contractor shall procure and maintain, at its own cxpense 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 Contraet, fails to collect all designatcd
rccyclables from public drop-off sites or process, transport, stockpile and sell all designated
recyclables delivered to the County Reeycle Center, according to the terms of the Recycling
Scrviccs Agreement. thc County shall give the Contractor, and the Contractor's surety, 30 days
\\Titten notice of the matter in default. In the event the Contractor fails to correct matters in default
within 30 days the County shall have thc right to declare, upon written notice. the Contractor to be
in default of the Contract. Upon such declaration of default. Contractor will discontinue the
pcrformance 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,
45
JEFFERSOl\ COUNTY RECY<::L1NG SERVICES PROPOSAL SUBMITTAL PACKAGE
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 Table 13 below, All collection bins shall
be replaced by thc Contractor no later than Jan, 1, 2011 and Contractor shall own all collection
equipment thereafter.
Table 13: Equipment and Facilities Lease Schedule
County-owned Equipment List
Cascon Hook Lift Recycle Bo,,:,::s
1989 16-2/3 yd, closed top single product
1989 16-2/3 yd, closed top multi-
com artment
1990/91 16-2/3 yd, closed top multi-
compartment _
1994 16-2/3 yd, closed top multi-
f_CoLnpartment
, 1994 _1~:1!3 )-'d:rpenlgJl..Si~gI"j1roduct...
2006 :'vlax-Pak Horizontal Baler
1989 Karl Schmidt 48" Convevor & Fluffer
1992 REM Feed & Sort Line Conveyor
. Svstem
] 994 4x4x4 Steel Bins
1,5 yd dumper bins
Recycling/Baler Buildings & Improvements
m___________________ -----
TOTAL MONTHLY LEASE AMOUNT
Equip #
RC62-73
RC84-94
RC82/83/
92/95
RC98-
101
RC96/97
RC1310
RCI2
RC54
RC 102
RC33-53
Monthly Fee ;e~-T-~otal Month~
Unit I _Fee~
i
I
No.
of
Units
6
10
$ 9
$ 10
I $
1$
,
$
, $
!
, $
--- -..---..-
$
$
$
$
$
$
$
Thc Contractor's agreed initial investment to complete necessary rcpairs and refurbishments to
existing equipment has been factored into the annual lease values, The Contractor may choosc to
lease County-owned Equipment and Facilities, in which case the following provisions will apply:
4
S 13
Each month the Contractor shall deduct the total leasing fees due from any payment the County
owes Contractor, All improvements or repairs to leascd Equipment and facilities will remain in the
County's ownership,
4
2
I
I
S 15
$ 12
$708
$ 279
$ 417
$ 3
The Contractor shall replace leased Equipmcnt no later than the end of its cstimated useful life,
which is normally its dcpreciatcd life, or sooner, or unless othcrwise determincd by mutual written
agrcemcnt betwecn the County and Contractor. The Contractor shall retain ovmcrship of the new
Equipment. If the Contractor defaults on thc Contract the County reserves the right to use thc
Contractor's Equipment to complcte the Contract Term, If thc Tcrm of thc Contract has been
fulfilled, thc County reserves thc right to purchase the Equipment at its deprcciatcd value, If the
21
7
\10 Value
S 958
46
]EFFERSO'< C()[JNTY RECYC;UNCLSERVICES PROPOSAL SUIlMITTALPAC;KAGE
Equipment has reachcd the end of its depreciated life the dcpreciated value shall be the salvage
value, equal to 10% ofthe purchase price,
The Contractor will not be required to replace thc 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, prcssure limit switches and seat belts.
The Contractor agrees to sub-contract qualified, professional serviees for any onsite or offsite
maintenance and repair work requircd for County-owned Equipment, exccpt. that qualified
Contractor employees with approvcd qualifications on file may perform daily maintenance and
other repair work,
Replacement of County Equipment
All collection bins will be replaced by the Contractor no later than January 15\, 201], 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 joint inspection and as mutually agrecd
betwecn the County and Contractor. The estimated useful Ii fe of a piece of Equipment, beyond its
deprcciation period, shall be determined based on the condition of the equipment (as determined by
inspection) and its duty, and considering safcty issues and risk to public health and safety, The
County rcserves the right to remove any piece of fully depreciated Equipment from the recycle
operation and sell it at public auction,
The Contractor shall purehase 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.
Operation, Maintenance and Repair of County Facilities
The Contractor shall be responsible for all utilities costs associated with Faeility operations, The
Contractor shall be responsible lor scheduling and completing all required routine maintenance and
othcr repairs as necded to kecp the Recycle Center Facilities in good operating condition at all
47
JEFFERSON COUNTY RECYCUl\G SERVICES PROPOSAL SUBMITTAL PACKAGE
times, and all repairs for damage due to ncglect 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 rccycle collection sites will be
limited to litter control, cleanup and any othcr conditions that may be requircd by the site owner or
as directed by Jefferson County Public I-1ealtb as the permitting agency,
Maintenance Liability Limits
Routine maintenance is defined as the recurrent, day-to-day, periodic or scheduled work requircd
in preserving or restoring a real property facility, Routitte 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 maintcnance. Contractor
shall be rcsponsible for scheduling and completing all required routine maintenance and repair as
necded 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, compJetion, and cost of replacement, as deemed
necessary by the County, of the existing recycling Faeilities, 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 thc terms and conditions of this Contract.
Contractor's Hours of Operation on Site
The current hours for public access to the existing public drop-off collection sites and the County
Recycle Center are shown in Part I - Current Operations, Table lO. except that tbe Main and
Quilcene Transfer Stations are closed for Public Holidays, The Contractor will service thcse
collection sites during the hours shown in Table 14 on the following page, Contractor shall
schedule additional hours, as required. that are necessary to provide the minimum levels of service
for collection and processing,
48
.JEfFERSON COU"'TY RECYCLING SERVICES PROPOSAL SlJBMITTAI.I'ACKAGE
Table 14: Contractor's Hours of Operation on Site
~
- ,
SITE LOCATlON DAY I HOURS _
Recycle Center Lot, JC Transfer Station Monday - Saturday i 9:00 AM to 4:30 PM
Quileene Drop-Box Site Mon - Wed - Fri ! 9:00 AM to 4:30 PM
Saturday. - as rcquircd i
-"^- i 9:00 AilTtc;4:30 PM
Port Hadlock. Elkins Road -.-- Monday - Sunday
---_.-
Chimacum School (limited access, may be Monday - Friday 19:00 AM to 4:30 PM
d~termincd by the school) i --
Indian Island Naval Magazine Facility (limited Monday - Friday i 9:00 AM to 4:30 PM
access, may be determined by the Navy) 'e-.
All Other Non-County Owned Sites Monday - Sunday i 9:00 AM to 4:30 PM
,
I--
The Contractor shall notify the County when recycle operations are scheduled on CountY-0\\11ed
waste management facilities outside of normal hours of operation or on public holidays,
Ownership of Materials
Ownership of, and responsibility for handling, all rccyclab1e 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 detcrmincd by the
County permitting agency, designated recyclable materials for which Contractor has a sales
contract an active sales outlet, or other written agrecment. 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 arc a 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 $11 O/ton plus tax).
49
JEFFERSON COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
Compensation to Contractor
The County shall pay compensation to Contractor as a monthly fee for recycling services
completed, from the effectivc date of the contract, at the ratcs provided by Contractor in its Price
Proposals for Component 1 in Table 15 as follows:
Table 15: Compensation to Contractor
-'
Contract Period
Base Monthlv Payment
Monthly Payment
'1
I
Months 1 - 12
L----
i Months 13 - 24
Months 25 - 36
$
$
$
Months 37 - 48 $
Months 49 _ 60 - ,$- _ m --__
Reduction in Base Monthly Payment for Lease of County-Owned Equipment
and Facilities
I 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 rcquested to lease as indicated in Table 13, This monthly reduction for lease
fces is calculated as follows:
.--
Contract Period
Total Monthly Reduction III Paymcnt
for Lease of County-owned Equipment
--..- -._-
Months 1- 12 $
--- <
Months 13 - 24 $
Months 25 - 36 $ --
-
, Months 37 - 48 $
--
Months 49 - 60 :$
Net Monthly Payment
The Net Monthly Payment to the Contractor (Basc Monthly Payment less
Reduetion in Base Monthly Payment for Lease of County-Owned Equipment and
/acilitics) is caleu1ated as follows: IT t01 '"~ hlH Do ,,...1;,,,,,,, D<:l~l'tV'l ,
---j
-.
Months 1-12
:\10nths 13 - 24
-- -
~' Months 25 - 36_
Months 37 48
Months 49 - 60
I L~'w 'H"nt".,} "Lduv'.l\Jll In 1 (A)lHen.]
~Lease of c:.ounty-o\Vned Equipment
i _. .-_
1$ :
$ 1
$
$
$
i
__...J
Contract Period
50
Jl.:cl'l'ERSQN C01!NTY ~ECYCl.ING SERVICES PROPOSAL SUBMITT1\L PACKAGE
The Lease Fces Schedulc and the lease reduction in base payment will be amended whencver
County-owned Equipment is removed from servicc and no longer available to Contractor.
Other Costs
Other periodic or occasional costs that may bc compensated, subject to prior agrcement by, and
written authorization from the County, will bc paid at the ratcs proposed by the Contractor, as
follows:
(1) Charge for Additional Recycle Boxes at Existing Sites $____ per roundtrip pickup &
delivcry
(2) :'>iew Site Set Up Fee
$
per recycle box
Thc Contractor shall be responsible for the cost of replacing sitcs listed in Table 1.5 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,
Contractor shall submit a single invoice by the 10th of each month for all services completed in the
preceding month,
The monthly invoice will include:
. thc base payment for service
. credit for lcase 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 writing 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,
51
.ll'FFERSON COUNTY RECYCLING SERVICES PROPOSAL SlJBMITlAL P.t\CKAGE
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 includc:
. commodity buyers by material typc
. markct prices by material and month
. final disposition of materials by material typc
. Weights of all designated material groups collected at each public drop-off rccycle
collection site, including the recycle center, by group of material
. summary of service trips to each sitc
. summary financial analysis of recycling operations
. summary of scrvice trips to each site
. operating status and condition of the County-owncd Equipment and Facilities,
. Work completed for routine service and other repairs on County-owned Equipment and
Facilities,
Revenue from Sales
Payment received from the sales of rccyclable 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 undcr 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 Management Facility. Such services may be reduced or
eliminated, or a charge may bc 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 implcmenI the change.
Change in Designated RccycIables
At any time, and acting under the authority of thc Board of County Commissioners, the Public
Works Director may determine that recycling anyone of the designated materials is no longer cost-
effective and 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 rcsponsib1c for notifying citizens of any temporary or permanent change in servicc.
after the County has provided written request or approval of the change in service, Unless an
cmergency causes interruption in servicc, this shall be done by notice published in the County's
ncwspaper 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 cither improperly placed in recycle
52
JEFFERSO'i COLt'JY RECYCLIJ\G SERVICES PROPOSAL SUBMITTAL PACKAC',k
boxes or otherwise left at recycle collection sites shall be transported by Contractor and processed
as required to rcmove 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 $1 IO/ton plus tax),
Change in servicc 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 provide the County with a detailed Plan of Operations, which should include
an Alternate, Emergency Operations, and Litter Control Plan within 90 days from the effective date
of the Contract. The Plan of Operations should include an Operations Safety component, or
reference an independent Ilealth and Safety Plan.
The Alternate and Emergency Operations Plan should provide assurance that Contractor's
operations could be continucd without interruption in the event of a loss of the Facilities proposed
by Contractor for handling and processing recyclab1es, 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 arise
during the contract Term, The process will take the following stcps:
. 1nitiatc operations and contract problem solving, as needed, through Action Requests
betwccn Contractor's Division Managcr and County's Solid Waste Operations Coordinator
. Cnresolved 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 designcc and/or is not being
solved by the abovc two stcps. either the Public Works Director for the County or the President for
the Contractor is entitled to request Dispute Reso1ution/Mcdiation services as dcfined in thc
Contract, Item 1\0,9.
Technical Specifications
Time for l'erformance
Work under this contract shall commence upon the giving of wTitten notice by the County to the
Contractor to proceed, Contractor shall perform all services rendered under this Agreement for a
term of live (5) years from the date of contract execution to the Termination Date, with an option
for a one (1) year renewal under the original terms and conditions of the Agreement at the option of
the County. unless the County and/or the Contractor provides \\Titten notice of termination at least
90 days prior to the Tennination Date,
53
JEFFERSON COl;NTY RECYCLING SERVICES PROPOSAL SUB~1ITTAL PACKM,E
Materials to be Collected
The Contractor shall collcct thc follo\\ing dcsignated groups of materials to achieve the minimum
level of service:
Designated Group
1. Newspaper
2, Mixed-waste paper (including magazines, catalogs, phone books, mail, cardboard
packaging and other paper products)
3, Corrugated cardboard and unbleached kraft paper
4. Clear, green and brown glass bottles and jars
5, Aluminum cans and foil, tinned cans (both beverage and food), and
6. PET 1 and HDPE 2 natural, plastic beverage bottles and jugs,
Designated Point of Delivery
Unless otherwise specificd, the County Reeycle 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,
The designated recycle sitcs listcd in Table 17 on the foUowing page shall bc Ihe minimum service
level for the Drop-off Recycle Box Collection program, The Contractor shall work jointly with the
County to recstablish 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 schcduled such that recycle boxes are normally available to acccpt all
materials at all times, In cases where a specific box configuration, or othcr special circumstance,
will not allow this the recycle box turn-around time will not exeeed three hours on the same day,
The Contractor will manage and maintain all recycle sites in clean and sanitary condition (Chapter
173-350 WAC). Thc Contractor will provide professionally lettcred signs indicating thc materials
acceptcd. 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 Jittcring or illegal dumping.
Regular collection and disposal of litter and non-recyclable materials from collection sites should bc
provided, i\fter notification by County Action Request, The Contractor will bc required to collect
and replace a recycle box that is full and/or clean-up litter from a specific site or sites, or incur 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, :Vlulti-
compartment recycle boxes may require multiple weighing to obtain the scparate weights of thc
designated material groups,
54
JEITERSON COUNTY RECYCLIl\G SERVICES PROPOSAL S\lBMITfAL PACKMiL
If a designated site is no longer available for siting recycle collection boxes, the Party responsible
for site location as indicated in Table 17 below shall locatc and establish at its own expcnse an
alternative sitc 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 rcduced 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),
Table 17: Recycle Collection Sites and Materials
Service Area
iviaterials Collected
D~.sj nated Grou s)
Site Responsibilities
RecJ'.0illJ!, Center Lot
Quilccnc Solid Waste Drop Box
Site
Port Ludlow Village~Siore
I Port Hadlock Elkins Road
Brinnon Dose wall ips State Park
! Kala Point Community
Chimacum School
Indian Island Navy Base
Quilcene School
L~himacum Elementary Sc~ool
I through 6
I through 6
Location
County
County
--
1 thro21g~
l_t~rouJ;h 6
1 throu h 6
I throu h 6
1,2,3,5 and 6
1,2,3,5 and 6
Contractor
County
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
Additional Collection Sites
Maintenance
--~
Contractor '
Contractor
- --"---
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
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 arc bcing
proposcd, 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.
F or the minimum level of service the Contractor shall provide, maintain and replace all necessary
Equipment to meet the requiremcnts of the Special Provisions. The Contractor has stated an interest
in use of the County's existing Equipment, identified in Table 13, to achicve 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
negotiatcd with other parties independent of this Contract.
55
JEFFERSON COU'ITY I3.ECYCLlNCi SERVICES PROPOSAL SUBMITTAL PACKAGE
Litter Penalty
It is essential that all public drop-off recycle collcction sites remain clean and sanitary at all times,
Therefore, 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 rccycle boxes at recycle collection sites, or
2, Full recycle boxes arc not collected from recycle collection sites
The County's permit requirement for litter control is: "",to collect scattered litter as necessary to
prevent vector harborage, a fire hazard, an aesthetic nuisance. or adversely affect wildlife or its
habitat "
The County will notify Contractor of service necdcd by a written Action Request (email) to
Contractor's Manager or Assistant Managcr. Contractor shall respond to the Action Request within
24 hours of receipt. The $100 daily penalty fee will bc charged to Contractor starting the next
working day following County's receipt of Contractor's response, if the problem has not been
corrected, Garbage disposed at the County Transfer Station by the Contractor will be charged at thc
full disposal rate per ton as established from time to time by County ordinance (currently $11 O/ton
plus tax),
It is cssentialthat 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 assesscd a penalty
fee of $300 per day after Jefferson County notifies the Contractor that service is needed and that
litter and matcrials remain outside the transfer and processing areas,
The County will notify Contractor of serviee 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. Thc $300 daily penalty fce may be charged to Contractor stat1ing the next
working day follmving the County's receipt of Contractor's response, if the problem has not been
corrected, Garbage disposed at the County Transfcr Station by The Contractor will be charged at
the full disposal rate per ton as established from time to timc by County ordinance (currently
$11 O/ton plus tax),
Use of Alternate Sites
If the Contractor requests the County's permissIOn to use Alternate Collection Sites under this
Contract and the County approves the Contractor's rcquest, the County, in its sole discretion. may
increase or dccrease the Monthlv Service Fee based on the Countv'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 Altcrnate Sitcs to comply with its obligations under this Contract,
the :'vlonrhly Scrvicc Fec shall not be incrcascd to reflect increased Contractor costs,
56
JEFFERSON COUNTY RECYCLI:-lG SERVICI'S PROPOSAL SUIlMITTAL PACKAGE
Materials and Services Other than Those Required by Jefferson County
The Contractor shall request in writing for specific County approval to collect and transport any
recyclable materials that are not presently designated by the County, and that exceed the minimum
level of service, Any request by Contractor for delivery of other non-contracted scrvices shall be in
\\riting with supporting documcntation and will require prior written approval by the County,
Contractor Responsibilities
The Contractor shall provide all cquipment, materials, supplies, labor and management required to
successfully carry out the requirements of the Contract, including but not limited to:
I, Maintain existing levcl of servicc for the public drop-off reeycle collection program,
2, Manage siting of additional recycle boxes when approved by thc County to meet demand,
and establish any new sites that are approved by thc 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 wcar and tear will be the responsibility of the
Contractor.
5, Stock educational materials where the County has provided outlets at sites,
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 Ln 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 Wastc Management Facility that are used for materials
loading or transfer. .
11, Maintain all leased County Equipment and Facilities in good condition and propcr working
order (see Appendix B), The eost of repairs for any damage to Equipment and Facilities
resulting from the Contractor's handling, from vandalism, and from wear and tear will bc the
responsibility of the Contractor.
12, Operate the Recycle Centcr facility for processing recyclable materials for shipment to
market.
13, Maintain the Recycle Center facility and leased Cmmty Equipment to County specifications
(see Appendix B),
14, Maintain records and provide monthly, quarterly and annual reports as dirccted by Jefferson
County, which shall include (l) Inventory of materials received, processed, and marketed,
and (2) Where processed matcrials are marketed and market prices.
15. Participate in quarterly, scmi-annual, or annual meetings with the County as required,
Contractor shall attend and participate in Solid Waste Advisory Committec monthly
meetings,
16, Pay all utility costs associated with operation ofthc Recycle Center,
17, Srock educational materials where the County has provided outlets at sites,
57
JEFFERSON COUNTY RECYCLING SERVICES PROPOSAE SUBMITTAL PACKAGE
County Responsibilities
Thc 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 coIlection cquipment is to be provided by the Contractor.
2, Notify the Contractor whcn 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 matcrials 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 thc terms of the
Contract. All correspondcnce and qucstions are to be directed to this designee.
6, The County's Operation Coordinator will be rcsponsible to administer the operational terms
of the Contract. AIl correspondence and questions arc to be directed to this designee and the
Contract Administrator.
Material Processing Facilities
The County has made available to the Contractor, and the Contractor has opted to use, the cxisting
rccycle 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 safc and efficient manner.
The Contractor has not specified, and does not rcquire, any modifications to the County Facilities
for the successful implementation of its proposed method of operation, Recycle Facilities arc
available for Contractor's usc as is, and the County does not anticipate providing for any major
improvements,
The Contractor will maintain thcareas immediately surrounding the County Facilities that are in use
in clean and sanitary condition (Chapter 173-350-040 WAC) and prevent wind-blown litter.
Regular collection of contained litter should be provided, After notification by County Action
Request that any litter problem exists, The Contractor will be required to clean-up affected areas or
incur a financial penalty(see Litter Penalty)
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 shaIl
provide evidcnce to the County that material wiIl be responsibly processed and marketcd. including
a list of markct outlets, Thc Contractor shall make every effort to market the material in the
following order of priority:
I, Locally (within Jefferson County)
2. Within Regional Markets (Olympic Peninsula and Puget Sound Counties)
3. Within Pacific Northwest markets ( Washington. Oregon, Idaho)
4, Outside the Pacific Northwest region
58
lEFFERSON COUNTY RECYCUNGSERVICF,S PROPOSAL SU!J:Vl!TTAE PACKAGE
Disposal of any recyclable matcrial 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 evidcnce of improper disposal of recyclablc materials will be considered grounds for
Contract Tern1ination for Cause,
Garbage and Contaminated Loads
It is gencrally accepted that up to 10 percent contamination can occur in recyclables collected at
public drop-off recycle collection sites, in the form of garbagc, refuse or non-listed recyclables,
The County and Contractor also agree that thcre may also be somc 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 handlcd as
described in the Recycle Operations Plan and disposed of at thc County Moderate Risk Waste
Faeility: The Contractor will be charged the Small Quantity Generator rates as established by
County ordinance,
An\' recycle box that requires all recyclable contents to be disposed (either by landfill or
incineration) duc to exccssive contamination shall be documented, The costs of properly disposing
of these full loads at a permitted waste management facility shall bc borne by The Contractor. The
County shall bc notified immediately when any material is disposcd for this reason, rather than
proccssed and marketed,
t; sc of Alternate Facilities
If, as a result of thc Contractor's failure to comply with any of its obligations under this Contract,
the Contractor is required to use Alternate Facilities to comply with its obligations under this
Contract the Monthly Serviee Fce shall not be increased to reflect increased Contractor costs.
Materials and Services Other than Those Required by Jefferson County
Thc Contractor shall request in \~Titing for specific County approval to handle and process any
matcrials at the County Waste Managemcnt Facilities (Recycle Center and Transfer Station) that are
not prcsently designated by the County and that exceed the minimum level of service, The
Contractor shall request specific County approval to provide othcr services, which are not either
rcquired by the County or included in this Contract to be provided as "Added Value Programs",
Any request by Contractor for delivcry of non-contracted services shall be in writing with
supporting documentation, and will require prior written approval by the County,
Thc use of the sitc and Facilities by Contractor for non-contracted scrvices shall not be permitted.
Material Disposal
The Contractor shall properly dispose or materials left on site, such as batteries or other hazardous
materials,
59
JEFFERSON COCNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
APPENDIX A - DEFINITIONS AND TERMS
Thc following tcrms shall have thc following mcaning, as uscd in this Agrccmcnt, unlcss another
mcaning is cxprcssly providcd for a particular tcrm clsewhcrc in this document.
Unlcss othcrwisc specificd in this documcnt, words describing material or work that have a well-
known tcchnical or trade meaning shall be construcd in accordancc with that meaning generally
rccognized by Solid Waste professionals, engineers, and trades,
Agreement means this Recycling Serviccs Contract as thc same may be amendcd, modified, and
supplemented from time to timc in writing, by mutual agrcement of the Parties,
Alternate Processing Facility mcans an alternative Facility for sorting, baling and shipping
recyclables, other than the County Rccycle 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 legaily binding Agreement or
Contract between the Contractor and the O\\l1er 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 proposcs to use in the event
thaI a specified sitc becomes unavailable,
Applicable Law mcans all Federal, State, regional or local statutes, rules, codes. regulations and
ordinances that apply to any ofthc Contractor's operations or obligations undcr this Contract.
Authorized Representative means
(a) when used with respect to thc County, a Contract Administrator or other Person designated
in \\riling from timc 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 written notification of that designation is delivered to the
County's Authorized Representative,
Capital Improvement means any repair, replacement, improvement, alteration, or addition to the
Equipment and Facilities being considered in this Contract after the Commencemcnt Date, other
than any repair, replacement, improvement, alteration, or addition constituting normal maintenance
of the referenced Equipment or Facility,
60
JEFFERSON COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
Change in Law means any of the following that occurs after the date of this 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, dccree or
judgment of any Fedcral, State, or local court, administrative agency or
governmental officer or body, that materially inereases Contractor's operating costs
under this Contract, if that order, decree of judgment is not also entirely or partially
the rcsult of negligent or willful action or failurc to act of thc Party relying thereon.
providcd that the contesting in good faith of any order, decree, or judgment shall not
constitute or be construed as a willful or negligent aetion of that Party: or
(c) the imposition of any material conditions on the issuance or rencwal 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, tbe imposition, as a result of an event
described in any of clauscs (a) - (c) of this definition, of an applicable technology
requirement in accordance with the Technical Specifications shall be a Changc in Law,
"lotwithstanding the foregoing, the adoption of or changc, amendmcnt or
modification to any F cderal tax, State tax, local tax or any other tax law shall not be
considcred a Changc in Law for purposes of this Contract unless the change,
amendment, or modification involves a tax levicd solely on Solid Waste handling
activities, j'\n 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
involvcs a tax levied solely on Solid Waste handling activities, Furthcrmore. no
application of, or change in, interpretation of the provisions of RCW 36,58,090(8) or
the statutes rcferred 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 Managcment Plan that authorizes the County to designate
Disposal Sites for any wastc originating in those Cities or tovms,
Code means the Internal Revenue Code of 1986, as amended, and thc rules and regulations
promulgated therc under.
Collection Site means real property whcre Recycle Boxes are locatcd for public drop-off of
Recyclables; Collection Sites may be County properly, or other agency owned or privately owncd
property, that is used for the purpose with or without a fee or use agrcement.
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 amcndments thereto.
61
JFfTSoRSON COCNTY RECYCUNG SERVICES PROPOSAL SUIlMITIAL Pi\CKAGI,
Consumer Price Index or cpr 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, Burcau 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 Rccyclables,
Contract means any and all matters and things that the Contract requires to be done, kcpt,
pcrformed and furnished by the Contractor and by the County, respectively, The Contract may bc
amended, modified and supp1ementcd from time to time in writing, by mutual agrcement 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 extcnt permitted by the express tcrms
of this Contract, its successors and assigns,
Contractor Event of Default means the occurrence of anyone or more of the events described in
the Recycling Services Agreement.
Cost Substantiation mcans:
(a) With respeet to any cost incurred by thc Contractor for which Cost Substantiation is
rcquired by this Contract, for the purpose of any incrcases in any componcnt of the
Servicc 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 thc
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 thc County for which Cost Substantiation is
required by this Contract (other than any cost described in (a) of this defmition).
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 Statc of Washington, its succcssors
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 ncgligent or \\Tongful act or omISSIOn by the County that results in or
significantly contributes to a cost incrcase, delay, failure to meet performance
standards, or other adverse event, and
(b) Any County Event of Default,
62
JEFFERSON COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGj2
Day means a 24-hour period from 12:00 midnight on one calendar Day until the same time on thc
following Day,
Hours of Work means the operating schedule set forth in the Spccial 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 Terms of this
Contract,
(a) the sum of the actual costs of thc Party's payroll directly related to the performancc
or supervision of any obligation of a Party pursuant to the Terms of this Contract,
consisting of compensation and fringe benefits, including vacation, sick leavc,
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, dircct 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 performanee of such obligation,
Dispose or Disposal mcans 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 ansmg out of, or Ln
connection with, or concerning the meaning, application, performance, or breach of the Contract.
Dispute Notice means a written 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 ffild 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,
Haulers means any Person authorized to collect and Transport Acceptable Wastc in the
unincorporated areas of the County or in the Cities, pursuant to a certificate of authority granted by
63
JEFFERSON COl;l\TY RECYCLING SERVICES PROPOSAL SI;BMITr.~1. PACKAGE
thc WUTC or any successor agency or pursuant to any othcr authorization required under
Applicable Laws,
Independent Auditors mcans a firm of independent ccrtificd public accountants selccted by the
County,
Operations Start-Up Date means the first Day that thc 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, joint vcnturc, limited liability company, corporation
or other entity or organization, public or private and any unit of government or agency thcreof.
Point of Sales means the first point in time, or loeation, 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 mcans an official response to any or all components issued by J effcrson County as this
RFP package,
Proposer or Proponent means an individual, partnership. or corporation submitting a Proposal.
RCW means Reviscd Code of Washington.
Recyclablcs means all designated materials that can be collectcd and marketed separately trom the
normal solid waste disposal system,
Recycle Box mean a separate, commcrcia1 container located at Recycle Drop-Off Collection Sites,
available to the general public for dcposit of Recyclables,
Recycle Center means the recycle Facility locatcd at 301 County Landfill Road, Port Townsend,
Washington, and part of the Jefferson County Waste Management Facility,
Recycle Drop-Off Collection Site means a location, staffed or unstaffed, where onc or morc
Recycle Boxes are available to the gencral public for depositing Recyclables,
Recycling means separating marketable materials out of the solid waste stream, and preparing them
to thc specifications of the potential buyer.
64
JEH];RSON C(JlJNTY RECYCLl:--iG SER.YICES PROPQSAL SUB;,!ITTAL PACKAGE
Recycling Contractor means the business entity under contract to perform recycling services for
Jetlerson County,
Recycling Services means all services described in the Specifications and Contract Documents, and
any othcr services included in the Contract, as amended, modified and supplcmented from time to
time in writing, by mutual agreement by thc 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
Waste .\1anagement Facility Transfer Station, where all incoming and outgoing material weight
transactions are made,
Service }'ce 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 Recyclab1es 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
othcr 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 hires 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.
Tecbnical Dispute means a dispute regarding the conformity of the Facilities or thcir performance
to the General and Technical Specifications which is capable of prompt resolution by the County's
Solid Waste Manager or Designee bascd 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 begining on the effective date of the contract and, unless
sooner terminated as provided herein, expiring on the fourth anniversary of that date,
Tip Fcc 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 dcposit of municipal solid waste.
65
JLFFERSON COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
Transport or Transportation means, but is not limitcd to, thc Transportation of Trailcr-Containcrs
to and from thc Recyclc Ccntcr, to delivcr Recyclablcs to a Point of Sa1c or to an Altcrnate
Processing Facility,
Transport ,Facilities mcans Tractors, Transfcr Trailers, Trailers, or Trailer-Containers, and all othcr
property owncd, leascd, used, or furnishcd by a Contractor in providing Transport of Rccyclables
undcr this Contract.
Uncontrollable Circumstance mcans any act or cvent that has had, or may reasonably bc expcctcd
to havc, a matcrial advcrse ctIcct on the rights or obligations of a Party to this Contract, or a
material adversc cffect on any onc or morc of the Facilitics, Startup, opcration of the Facilitics, if
that act or cvcnt is bcyond thc rcasonablc control of thc Party relying thercon as justification for not
pcrforming an obligation or complying with any condition rcquircd of that party under this
Contract. Thosc acts or cvcnts are thc following:
(a) An act of God (cxccpt normal wcather conditions for the gcographic arca of.
the Facilitics), hurricanes, tornadocs, cpidcmics, 1andslidc, lightning,
earthquakc, voleano cruption, nuclear radiation, fire or explosion, cxtreme
flooding, substantially in exccss of flooding that typically occurs in the
County, annually or other extrcmc and atypical weather eonditions, an act of
public cncmy, war, blockade, insurreetion, riot, general arrest, or restraint of
government and people, or a civil disturbance or similar occurrence that
dircctly affccts the operation of a Facility (but not including any labor
shortage caused hy 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 thc
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 lahor disputc,
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;
(b) The consequcnccs of errors of Start-up. operation or maintenance on thc part
of thc Contractor or any of its employees, agents, Subcontractors or
Affiliates;
66
JEFFERSON COUNTY RECYCLlNC, SERVICES PROPOSAL SUBMITTAL PACKAGE
(c) The failure of the Contractor to secure patents or licenses in connection with
the tcchnology necessary to operate or maintain the Facilities;
(d) The lack of fitness for use, or the failure to comply with the specifications or
the dcsign of any materials, equipment, or parts constituting any part of the
Facilities;
(c) Thc failurc of any technology to perform;
(f) With respect to the County, a Change in Law initiatcd by the County or any
political subdivision of the County (other than the Cities), except as cxpressly
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 III road
restrictions,
USC means United Statcs Code,
WAC means Washington Administrative Code.
67
.IErTERSOl\ COUljTV RECVCLll\G SERVICES PROPOSAL SlIB\IITTAL PACKAGE
APPENDIX B - .JEFFERSON COUNTY RECYCLE EQUIP'\1ENT
I'REVENTIV.~ MAINTENANCE SCHEDULE
COLLECTION EOUIP~lENT
Fluffer/Feed Conveyor
RC54 REM Sort Conveyor System
Hook Lift Ree 'de Boxes
l\1aintenance Task
:Chcek Hydraulic Fluids
tnspcet Belts
Inspect Electrical/Controls
Inspect Drive Motors
Inspect Shear Pins
Inspect for Structural Cracks
Clean around Equipment Moving Parts
Clean Work Area
Lube
Inspect Conve):or Rollers
Inspect Baler Slides/Shear Blade
Baler Ram Adjust
Clean Out Conveyor Pits
Change Filters
~nspecl/<;:'~~.?Jlgc I'Iydra~_IJ~__0il
Note:
l~sJ~cct means i!1~pcct, repair or replace as needed
YEAR
1989
1992
1989-\994
PM Codes
ABCD
ABCD
ABCD
ABCD
ABCD
ABCD
ABCD
ABCD
BCD
BCD
BCD
BCD
BCD
CD
D
PM Code Interval
A - Weekly
B - Every Month
C - Every 6 Months
D - Every Year
_J
,
F M;ILlTIES
Recycle Sorting/V./arehousc Building
Recycle Baler Building
Covered Storage/Loading Dock
Paved Storage Area
Maintenance Task
Inspect Buildings for Damage/Leaks
Inspect Electrical
Inspect Plumbing
Inspect Conveyor Pits for Dalnage
Inspect Loading Dock for Damage
Clean and Inspect Gutters
Clean and Inspect Roofs
Paint}3uildings as ne~_~~_d
Note:
.Inspect m~.~ns inspect, repair o~rep]acc as needed
YEAR
1983
1990
1990
2001
PM Codes
ABC
ABC
ABC
ABC
ABC
BC
BC
C
PM Code Interval
A - Every Month
B - Evel) Year
C - Every 5 ):' ears
68
JEFFERSON COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
RECYCLING SERVICES CONTRACT - COMPONENT 2
CONTRACT
JEFFERSON COUNTY, WASHINGTON
THIS AGREEMENT, made and entered into this day of ______, 2010,
between the COUNTY OF JEFFERSON (the County), acting through the Jefferson County
Commissioners and the Director of Public Works under and by virtuc of Title 36, RCW, as
amended and_________, hereinafter called The Contractor.
WITNESSETH:
That in consideration of the temlS and conditions contained herein and attached and made a part of
this agreemcnt, the parties hercto covenant and agree as follows:
1, The Contractor agrces to furnish all labor. supervision, managcmcnt and equipment and
provide ccrtain services in a manner consistent with the terms, conditions and obligations found
within this Contract and all certain attachments to this Contract (i,e" "Recycling Services Contract-
Component 2, Part Onc - Current Opcrations," "Recycling Scrvices Contract-Componcnt 2, Part
Two - Special Provisions," "Appendix A-Definitions and Tcrms" and "Appendix B-Jefferson
County Recycle Equipment Prevcntive Maintenanee Schedule," collectively thc "Contract
Documents"), to wit: That the Contractor will undertake and complete the following described
scrvlces:
PROVIDE RECYCLING SERVICES FOR JEFFERSON COUNTY, WASHINGTON
for the total sums not to excecd the following amounts paid in monthly installments for services
provided:
Period
Total Monthly Service Fee
j
I
--- ~-==j
I~'t Y ,
ear
211 Ye~r
-'~.
3r Year
4L ,-;::;-------
J ear
r""'v
J J car
$
$
$
$
$
Except that these amounts shall be reduced to the cxtent authorized in the Contract Documents, No
conduct of a party shall constitute accord and satisfaction, unless contained in writing to such effect
and signed by the parties, Any waiver by eithcr party of any breach thereof by the other shall not be
considered a waiver of any future similar breach, This Contract contains all the agreements
between the parties; and therc shall bc no modification of the agreements contained hercin except
by written instrument."
The Contractor shall completc the described services as follows: with a start date of
2010 and a completion date of _ ' 2015. The County reserves the right to rcnew this
Contract for a single second five (5) year period under the identical terms and conditions of the
initial Contract betwccn the parties and must give notice of its intent to rencw the Contract not less
than 180 days beforc the completion date listed abovc, Contractor may not terminate the Contract
69
JEFFERSON COUNTY RECYCLI'JG SERVICES PROPOSAL SCBMITTAL P/\CKAGL
without providing 270 days' notice to thc 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 bc required for completing the services provided for in this contract and cvcry
part thcreof.
2, The County of Jeffcrson hereby promises and agrees with The Contractor to employ, and
does employ The Contractor to furnish the goods and equipment described and to furnish thc 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 schedulc 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 further agrees to employ The Contractor to perform any alterations in
or additions to the services provided for in this 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 himsclf, 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, The Contractor shall procure and maintain, at its own expense during the Term of the
Contract, insurance as required by and spccified in the Contract.
Prior to commencing work. the Contractor shall obtain at its own cost and expense the following
insurance from companies liccnsed in the State with a Best's rating of no less than A:VIl, The
Contractor shall provide to the County Risk Manager certificates of insurance with original
endorscments affecting insurance required by this clause prior to the commencement of work to be
performed, Jefferson County and its officers, agcnts and employees shall be named as additional
insured parties on these policics,
The insurance policies rcquired shall provide that thirty (30) days prior to cancellation, suspcnsion,
teductioll or material 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 insurancc
policics,
If any of the insurance requirements are not complied with at the renewal date of thc insurance
policy. payments to the Contractor shall be withheld until all such requirements have been met. or at
the option of the County, thc County may pay the renewal premium and withhold such payments
from the moneys duc The Contractor.
All noticcs shall namc thc Contractor and identi fy the agrecment by contract number or some othcr
for identification necessary to infornl the County of the particular contract affected,
A.
Worker's Compensation and
Employer's Liability
(statutory)
$1,000.000 each accident
70
H'YFERSO;.J COllXEY RECYCLING SERVICES PROPOSAL SlBMIlJAL PACKAGE
B, Comprehensive/Commercial Gencral Liability minimum $1,000.000 each
occurrence 2,000,000 aggrcgate for bodily injury, death and property damage, with no for aggregate
limitations on the scope of the protection provided, and with the following coverage:
1, Broad Form property damage, no employee exclusion
2, Personal Injury Liability, including cxtcnded bodily injury
3, Broad Form Contractual/Commercial Liability
4. Prcmises- Operations Liability (M & C)
5_ Independent Contractors and Subcontractors
6, Blanket Contractual Liability
c.
Truck! Automobile Liability minimum, including
pollution endorsement, and with the following
coverage:
$5,000,000 each occurrence
$5,000,000 aggregate
1 , Owncd vehicles
2, Non-owned vehiclcs
3, Leased or Hired vehicles
D,
Contractor's Pollution Liability
(or Environmcntal Pollution Liability)
$5,000,000 each occurrence
$5,000,000 aggrcgatc
E,
Environmcntal Impairment Liability
$5,000,000 each occurrcncc
$5,000,000 aggregate
Any dcductiblcs or sclf-insurcd retention shall be declared to and approved by thc County prior to
the approval of the contract by the County. At the option of the County, the insurcr shall reduce or
eliminate deductibles or self-insllred retention or the Contractor shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense cxpenses.
The Washington State Dcpartment of Ecology shall be designated as an express third-party
bcneficiary in final contract language, No other parties shall be designatcd as third party
beneficiaries,
Contractor shall include all subcontractors as insurcds 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 statcd herein,
Failure of the Contractor to take out and/or maintain any requircd lllsurance shall not relieve
Contractor from any liability under the Agreement, nor shall the insurance requirements bc
construed to conflict with or otherwise limit thc obligations concerning indemnification,
it is agreed by the parties that insurers shall have no right to recovery or subrogation against the
County (including its employees and other agents and agencies), it being the intention of the parties
thaI the insurancc policies so atlectcd shall protect both parties and be primary coverage for any and
all losses covered by the above described insurance,
71
JEFFERSON COUNTY RECYCLING ;;ERVICFS PROPOSAL SUBI\o1ITTAl. PACKAGE
It is further agreed by the parties that insurance companies issuing the policy or policies shall have
no recourse against thc 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 partics that
any and all deductibles in the above described insurancc policics 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 becomc
due, to the Contractor until sueh time as the Contractor shall furnish additional security covering
suchjudgment as may be determined by the County,
The insurance of the Contractor shall be primary to the insurance of the County, Thc County
reserves the right to request additional insurance on an individual basis for extra hazardous
contracts and specific service agreements.
5, The Contractor shall comply with all Federal. State. and local laws and ordinances
applicable to the services to be done under this Agrcement. This Agreemcnt shall be interpreted
and construed in aecord with the laws of the State of Washington and venue shall be in Jefferson
County, Wi\.,
The Contractor shall indemnify and hold the County, and its offieers, employees, and agents
harmless from and shall process and defend at its O\\TI expense, including all costs, attorney fees and
expenses relating thereto, all claims, demands, or suits at law or equity arising in whole or in part,
directly or indirectly, from The Contractor's negligencc or breach of any of its obligations under this
Agreement: provided that nothing herein shall require a Contractor to indemnify thc 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 rcsult from the concurrent negligence of: (a) The Contractor's agents or employecs; and, (b) thc
County, its officers, employees and agents, this indcmnity provision with rcspect 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 ncgligence, or the negligence of
The Contractor's agents or employees,
Claims against the County shall include, but not be limited to asscrtions 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, tradcmark. 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 Contraetor's employees, including all other persons engaged in the performance of any
scrvice 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 insuranee law, Title 51 R.C.W. The Contractor recognizes that this waivcr was
spccifically 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 crcatc a relationship of employer-employec or
master-servant, and any and all cmployecs of The Contractor or other persons cngagcd in thc
72
JEFFERSON COl'NTYRECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
pcrformancc of any service required of The Contractor under this Agreement shall be considered
employees of The Contractor only and any claims that may arise on behalf of or against said
employces shall be the sole obligation and responsibility of The Conttactor.
7, The Contractor shall not sublet or assign any of the services covered by this contract without
the express \witten 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 prcvent the County, at its option, from additionally
requesting that The Contractor dcliver to the County an executed bond as security for the faithful
performancc of this contract and for payment of all obligations of The Contractor.
9, Non-complianee \vith the terms and eonditions 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 cxpectations outlined in the contract. Either party can suggcst dispute resolution/mediation
whcn an issue raised bctween thc 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 thc County and The Contractor, and supersedcs any other contract presently in place
between the two Parties, Any oral or written representation not set forth herein is excluded,
Amendments to this contract shall bc in writing and executed by both parties,
II, Thc County's authorized representative is:
Jack Rcid
Solid Waste Manager
623 Sheridan St.
Port Townsend, W A 98368
Contractor's authorized representative is:
Name
Titlc
Address
City, Statc. Zip
Any noticc given by either the County or Contractor shall be servcd, if delivered in person,
to the officc of the authorized reprcsentative, 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,
73
JEFFERSON COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
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,
Executed by the Contractor
,20]0
By:
Title: President
State of Washington. Contractor Registration Number
SEAL:
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
David W, Sullivan, Chair
Phil Johnson, Member
John Austin. Member
ATTEST:
Approved as to form only this _
day of _.,_,._...._.__,20]0
David Alvarez
Deputy Prosecuting Attorney
Lorna I , Delalley, Clerk of the Board
Frank Gifford
Public Works Director
74
JEFEERSOK COI;NTY RECYCLIl'.G SERVICES PROPOSAL SIJBMrr:r,\L PACKAGE
CONTRACT BOND
JEFFERSON COUNTY, WASHINGTON
KNOW ALL MEN BY THESE PRESENTS:
That
, of
______, as
Principal. and
COUNTY OF JEFFERSON, the penal sum of
, as Surety, are jointly and severally held and bound unto the
Dollars
($
), for the payment of which wc jointly and sevcrally bind ourselves, or heirs, executors,
administrators, and assigns, and successors and assigns, firmly by these prcsents,
The condition of this bond is such that WHEREAS, on the _____ day of ~,__
. A.D" 20 I 0_ the
said
, Principal herein. executed a certain contract with the County of
Jeffcrson,
by
thc
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:
111 Jefferson
County, Washington. as per maps, plans andspccifieations made a part of said contract, which contract as so
executcd, is hereunto attached, and is now referred to and by this reference is incorporated herein and madc a
part hcreof 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 maltcrs and things by the said Principal wldertaken to be performed under said contract upon the terms
proposcd therein, and within the time prescribed therein, and until the samc is accepted, and shall pay all
laborers, mechanics. subcontractors and materialmen, 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
e free!.
WITNESS our hands this
day of
,2010
PRIl\CIPAL
SURETY CO\1PANY
8y:_
By:
8y:__
Attorney-in-fact
Address of local office and agent of
Surety Company
75
JEFFERSON COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
RECYCLING SERVICES CONTRACT - COMPONENT 2
Part One - Current Operations
Introduction
This description of the current level of scrvice and emerging needs in the Jefferson County
Moderate Risk Waste program is providcd as background information. Where dilTerences occur, all
requirements and conditions in the Special Provisions and Contract Documents take precedence
ovcr any information provided in Component 2 - Current Operations.
The County has opcrated a Moderate Risk Waste Collection Facility (Facility) located at 282 10th
Street in the Port of Port Townsend Industrial Park since August 1995 by Agreement with the Port
of Port Townsend (Port), The County's operations have included receiving, sorting, recording,
bulking and/or labpacking of materials delivered to the facility from Residential and Conditionally
Exempt Small Quantity Generator (SQG) customers as well as scheduling, matcrial categorizing,
processing for final disposal with a contracted private party,
The County will entcr into a five year contract with the successful Proposcr for all Facility
operations including Facility maintenance and repair and the collection, processing, and bulking of
Moderatc Risk Waste (MRW) received through countywide Residcntial and SQG collection
programs, The Contract start date is in the year 2010 and will tcrminate in the year 2015, The
County reserves the right to negotiate the contract for a sccond five year period under thc original
terms and conditions, Thc County must cxercise this contract renewal option within fifteen (15)
days following the written notice of termination,
Customer Participation Rates
SQG and Residential pmiicipation for the past three years of operation is described in Table
18 below:
Table 18: Three Year Participation History
- SMALL QUANTITY GifNERAT~";'::1 I
I--_J{,ESIDENTL,\L PARTICIPATION PART1C1PA T10N
--- I ~
Year ~_.' Quartcr Annual Year Quarter Annual
Ql _02 Q3 Q4 Total QI Q2 Q3 Q4 rotal
-..,.'- - - - -., ---..--
2006 227 292 33 235 1087 2006 13 25 14 15 67
._",--- ... -
~Z 210 278 331 229 1048 2007 21 ~7 14 16 73
~~
2008 317 320 383 215 ! 1135 2008 12 22 16 15 65
-- - 679 1
I Total 654 890 1047 3270 Total 46 I 69 44 46 205
--
76
JEFFERSON>COl]NTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGL
Material Types and Volumes
Material types and volumes received at the facility for 2006, 2007 and 2008 are dcscribed in Table
19 below:
Table 19: Three Year Material Type and Volume History
Ye
>> _ 2008 ~;~
ar 2006 2007
Total Total Total Total Total Total
I Type Gallons I Pounds
Gallons Pounds Gallons Pounds
-.-,-"
, 137 l,J38 166 1,377 98 815
,-_.- 1,465 11,719 1,503 12,024 1,509 12,068
93 835 76 686 86 773
/chargers 6 15 0
s U' ,.Cad!"MHLl) 134 183 >- 124l
ds 258 87 491
->
id 2,60J 16,125 2,246 13,92L,],029 rP,J90-
>---- ~
id POiSOll 155 1,114 86 619 W J.~
(paint related) 2.711 ea, 2,558ca, >" 2,186ea,~_
(propane/etc) 48 ca, 86 ea. 43 ca. .
. - -
, 222 ea
~ ')28 ea
~
Materia
acid
anti freeze
bases
cellular phones
. dry cell batteric
flammable soli
-_.-."~--
flammable liqu
f1ammable liqu
tlaml~ableg~
tlal11mable gas
f1ammable gas (pOlson/corr) 259 ea
. ~
- 1 ,-
lead acid batteries
I (auto/marine) 208 7,274 134 4,678 120 4,2~
lead acid batteries(small
sealed) 162 127 178
, mercury containingdcvices 26 ea, 19 ea, 67 ea,
_Clil based paint/stain 1,3] 1 12,058 1,233 11,340 1.253 11,526
~oil-contaminatcd 0 0 0 0 11 85
"--'-- -
oil-non contaminated 983 7,276 927 6,859_~ 974 7,205
~_. ;-
, other dangerous waste 322 I 27 46
. ~~5 '-"~=f: ~7~]
organic peroxides , , 0 '
~---_._.~--_..I-----"',-~--'~---
.Q'Cidizers 353 .
pesticide/poison liquid 218 . 1,528 198 1,387 233 . 1,632 .
. 2.'075=ii.516~l
.Jlesticide/poison solid \,012
,..!eactives 0 o . 0
----~-- .~- ~---'----'-
non-hazardous wastc -r 212 , 135
Compact and circular I. 662J
f1uorescent bulbs. U-Tubes 126 ea,
and HID bulbs 370 ea,
.- --+-------- --"--
tluorescent tubes (in linear 12.097
eleet) ,.____ 7,12611' , 6,902 If If
,
tl1ght ballast
unknown
,36
308
111
--_.",,--~
81 I
191
. 64~.J
77
JEFFERSON COUNTY RECYCLING SERVICES PROPOSAL SUIlMITTAL PACKAGE
Hours of Operation
The Facility is open to the public from 10:00 a,m, to 4:30 p,m" Fridays and Saturdays, except on
public holidays as listed below or during off-site collection events:
New Ycars Day
Martin Luther King, Jr, Day
Presidents Day
Memorial Day
Independcnce Day
Labor Day
Veterans Day
Thanksgiving Day
Christmas Day
Januarv 1
3cd MoOnday in January
3cd Monday in February
Last Monday in May
July 4
1st Monday in September
November 11
4th Thursday in November
December 25
Moderate Risk Waste Fixed Facility and Equipment
The Facility consists of: concrete slabs: a drive through receiving area, and an cnclosed processing
area under one roof measuring 30' X 40'; a wood framed office building with bathroom measuring
12' X 20'; a mctal hazardous matcrials storage locker with halon suppression system mcasuring 9'
X 20'; a metal supply storage locker measuring 7' X 20'; a steel transmodal shipping container
measuring 8' X 40' for drum and supply storage; 6' chain link fence and gates; emergency eyewash
station and shower; and shelving, tables, and reuse lockers. Based on current commercial lease
rates within the Port of Port Townsend Marine Industrial Park, the Facility is assigned an annual
lease value of $22.245, The Contractor has opted to use the County's Facility and has factored the
lease value of said Facility into its monthly fee schedule for services,
Present and Emerging Program Needs
The Jefferson County Solid Waste Management Plan sets a target recyeling rate for all municipal
solid waste and household hazardous waste of 50%, The County continues to search for cost-
effcctive means to improve collection rates in order to meet this goal. In 2009 the County held four
collection events in areas of Unincorporated Jefferson County and these events were well attended,
The County will continue to evaluate the potential for greater public participation by conducting
oft~site collection events and may substitute fixed facility operations for these events as a cost-
containing measure.
It is in thc County's interest to increase efficiencies in material collection and processing in order to
control cost which will require co-development and improvement of the progranl by thc County and
Contractor.
The County retains the right to contract with a party or parties of its choice for services outside thc
scope of thc current contract Any change of scope to the current contract will be attached as an
Addendwn to the present contract.
78
JEFFERSON COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGF
The County operates two (2) satellite collection sites for used oil and anti-freeze and may expand these
services in the future, The County retains the right to usc staff in the collection and processing of
materials through the MRW facility,
RECYCLING SERVICES CONTRACT - COMPONENT 2
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 done under this Agreement.
Insurance
The Contractor shall procure and maintain, at its own expense during the Term of the Contract,
insurance as rcquired by and specified in the Contract.
Termination for Cause
In the event Contractor, at any time during the Term of the Contract, fails to opcrate the facility
according to the terms of the Contract, the County shall give the Contractor, and thc Contractor's
surety, 30 days written noticc of the matter in default. In the event the Contractor fails to correct
mattcrs in default within 30 days the County shall have the right to declare, upon writtcn notice, the
Contractor to be in default of the Contract. Upon such declaration of default, Contractor will
discontinue the performance of the Rccycling Services, If the Contractor's surety fails to cxcrcise
the option to perform the Contractor's obligations, the County shall have the right to complete the
Contract hy contracting with such other persons. firms or corporations as may be neccssary to
complete thc Contract or may complete the work with County forces,
Leasing County's Facilities
The Contractor may choose to lease County-owncd Facilities, in which case the following
provisions will apply:
The Contractor has factored the lease value of the Facility into the monthly service fee as proposed
in the Price Proposal - Componcnt 2 worksheet. The Contractor's agreed initial investment to
complete any necessary altcrations to existing Facilities has been factored into the annual lease
valucs,
Operation, Maintenance and Repair of County Facilities
The Contractor shall bc rcsponsible for all utilities costs associated with Facility operations, The
Contractor shall be responsible for scheduling and completing all required routine maintenance
including fire alarm, fire extinguishers and fire suppression system scrvice and other repairs as
nccded to keep the Facility in good operating condition at all times, and all repairs for damage due
79
JEFFERSON COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
to neglect or abuse by The Contractor, The cost of all such maintenance and repairs shall be borne
entirely by The Contractor.
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 eorrected through maintenance, Contractor
shall be responsible for scheduling and completing all rcquircd routine maintenance and repair as
needed to keep the Facility in good operating condition at all times, and all repairs for damage due
to neglect or abuse by the Contractor.
Maintenance Liability Limits
The Contractor's financial responsibility for maintenance and routine repair shall not exceed
$10,000,00 direct costs annually for thc combined total of all the routine maintenance and repair of
the Facility, Repairs for damage due to neglect or abuse by the Contractor are not included in the
annual liability totaL
Repair of or improvements to the Facility that extend the life of the facility, for example roof
replacement, shall bc considercd Capital Facility Improvements and such costs shall be borne by thc
County,
Replacement of County Facilities
Thc County shall be responsible for the scheduling, completion, and cost of replacement, as deemed
nccessary by the County, of the existing Facility, The County is not required to provide for Facility
expansion or for new 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 shall provide public access to and service at the Facility from 10:00 a,m. to 4:30
p,m" Fridays and Saturdays, except on public holidays as listed below or during off-site collection
evcnts:
)Jcw Years Day
Martin Luthcr King, Jr. Day
Presidents Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Christmas Day
Januarv 1
3rd MO;lday in January
3rd Monday in February
Last Monday in May
July 4
1 st Monday in September
November 11
4Lh Thursday in November
December 25
The County reservcs the right to change the hours of operation to respond to changes in service
demand, Such changes in operational hours may require renegotiation of the Contractor's monthly
service fec and shall be made by mutual written consent of the Contractor and the Public Works
Director and attachcd as an Amendment to the Contract.
80
JEFFERSON COUNTY RECYCLING SERVICES PROPOSAL SCB:-1ITTAI. PACKAGE
Payment
The County shall pay compensation to Contractor as a monthly fec for serviccs completed, from the
effective date of the contract, at the rates provided by Contractor in its Pricc Proposals for
Component 2, as calculatcd in Table 20 below:
Table 20: Payment Calculations
t~-- Base Monthly Payment ~~
___=_ (~::c~iOd _~otal Monthly Payment
- -~o~~ ~ _~--=--- ~
1= s::~m:! d .. . :--=1
l=i".,.,,, " n,,, M"thl, P'ym,,' f" L,,", ,r C",,,.ow,,' Eq"pm'" .
, The Contractor has agreed to an annual facility lease value of $ 22,245, based on
2009 Port of Port Townsend Lcase Rates, to determine the Reduction in Base
Monthly Payment for Lease of County-Owned Facilities, This monthly reduction
for lease fees is calcu1atcd as follows: l
Total Monthly Reduction in Payment for
Contract Period Lease of County-owned Facility
_~_I,854,00 I
: :.::::: . .. .
-_~,..1,8540o---~
_ ~1,854'OO-::J
Net Montbly Payment
The Nel "vlonthJy Payment to the Contractor (Base Monthly Payment lcss Rcduction
III Base Monthly Payment for Lease of County -0\\ ned Facilrtics) is ca1culatcd as j
follow s
~ ~~::~: :cr::'. 4= =: Tool M":ly""m,", = = I
Months 13 - 24' $
.. s:::~ :H! 3 :- ...:-.
I----~..._-_.--
Months 1 - 12
Months 13 - 24
Months 25 - 36
Months 37 - 48
Months 49 - 60
..~-
81
.lI'FFERSON COUJ\TY RECYCLING SERVICES PROPOSAL SUBMIITAL PACKAGE
Payment Procedure
The Contractor(s) shall keep accuratc records of all materials collected, transported, delivered,
proccssed, sold or otherwise disposed, as required by this Contraet. The County will make payment
to Contractor oncc pcr month through its regular proccssing of approved invoices and warrants,
Contractor shall submit a single invoice by the lOth of each month for all services completed in the
preceding month,
The monthly invoice will include:
. the net payment owed to the Contractor
. Original Shipping Manifest and/or Bill of Lading signed by thc Contractor's representative
and the TSDF
. Certificate of Recycling, Certificate of Disposal and/or Certificate of Destruction
. Weights, volumes, and other unit measurements of all materials collected at the Facility or
collection events, Contractor to provide data in County-supplied or approved formats,
. Customer Participation Rates on forms provided by the County
The invoice should also include any other adjustments to the monthly service fee that have been
authorized in writing by the County,
Change in County Facilities Services
/\t any time, thc Public Works Director may authorize changes in the services provided by the
County to the Contractor at the Facility. Services may be rcduced 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 notiee of change in service shall be provided to the Contractor,
with thitty (30) days notice given to implement the change,
Change in Designated Accepted Materials
At any time. and acting under the authority of the Board of County Commissioners, the Public
Works Dircctor may determine that anyone of the designated acccptcd matcrials is no longcr to be
eollected and shall remove it from the list of accepted materials, 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.
Change in Material Types and Volumes Received
The County, under the tcrms of this contract, does not guarantec to provide specific types or
quantities of materials for transportation and management and thc Contractor is hereby notified that
increases or decreases in quantities may occur, The County reserves the right to properly dispose of
selected specific waste materials (such as oil, antifreeze, gasoline and diesel fuel) collected at the
Moderate Risk Waste Facility through other qualified contractors,
82
JEFFERSON COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
Public Notification of Change in Service
Contractor is responsible for notifying citizens of any temporary or permanent change in serviee,
after the County has provided \\Titten request or approval of the change in service, Unless an
emergency causes interruption in service, this shall be done by noticc 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 signagc posted prominently at thc facility,
Change in service includes, but is not limited to; adding or removing materials accepted, adding or
reducing the number of ofl~sitc collection events or closing the Facility,
Operating Plan
The Contractor shall provide the County with detailed federal, state and local required regulatory
plans including but not limited to: Plan of Operation, Respiratory Protection Program, Emergency
Contingency Plan, Hazard Communication Program, and Security Plan, which should include an
Alternate and Emcrgency Operation Plan within 90 days from the effective date of the Contract.
The Plan of Operation should include an Operation Safety component. or reference an independent
Health and Safety Plan, All plans shall be submitted for approval by Jefferson County Department
of Public Works, JctTerson County Department of Environmental Hcalth and Washington State
Department of Ecology,
The Alternate and Emergeney 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 bc used to resolve any operations problems, disagreements, and issues that arise
during the contract Term, The process will take the following steps:
. Initiate operations and eontract problem solving, as needed, through Action Requests
betwecn 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 and/or is not being solved by
the above two stcps, 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 Recycling
Scrvices Contract. ltcm 9,
Technical Specifications
The Special Provisions describe the Scope of Services, and the Specifications, for the Services that
arc incorporated into this Agreement. These services are not considered to bc Public Work as
defincd by Chapter 39.12 RCW, The Washington State Public Works Act, and are not considercd to
83
JEFFloRSON COl:.NTY REc:YCLlNG SERVICES PROPOSAL SUIl\1ITTAL PACKMiL
bc subject to its requirements, There is therefore no requirement for The Contractor to pay
prevailing wages as defined in Chapter 39,12 RCW,
Scope of Services
The Contractor agrees to provide the serviccs identified in accordance with thc Jefferson County
Request for Proposal (RFP) and Addenda, and the Proposal submitted by thc Contractor which are
incorporated by this rcference herein and made a part hereof. Services performed may be amended
from time to time, by mutual agrcement, by vvritten Supplements to this Agrcemcnt.
The County agrees to provide the Contractor with the Facilities described in Component 2, Part Onc
-. Current Operations,
Time for Performance
Work under this contract shall commence upon the giving of written noticc by the County to the
Contractor to proceed, Contractor shall perform all services rendered under this Agreement for a
tcrm of five (5) years from the date of contract execution to the Termination Date, with an option
for a sccond five year contract period under the original terms and conditions of the Agrcement at
the option of the County, unless the County and/or the Contractor provides written notice of
termination at least 90 days prior to the Termination Date.
Compliance with Laws
Contractor shall, in performing the services contcmplated by this Agrecment, faithfully observe and
comply with all federaL state, and loca11aws, ordinances and regulations, applicable to the services
to be rendered under this Agreement. This Agreement shall be interpreted and construcd in accord
with thc laws o[the State of Washington and venue shall be in Jefferson County, W A,
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 fecs
and expenses relating thcreto, all claims, demands, or suits at law or equity arising in whole or in
part, directly or indirectly, from the Contractor's negligcnce or breach of any of its obligations
under this Agreement; provided that nothing herein shall requirc 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 ncgligence of: (a) the Contractor's agents or
cmployecs: and, (b) the County, its officers, employees and agents, this indemnity provision with
respect to claims or suits based upon sueh negligence, and/or the costs to the County of defending
such claims and suits, ctc" shall be valid and enforceable only to the extent of the Contractor's
ncgligence, 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, rcport, film, tapc, or sound reproduction of material of any kind.
84
JEFFERSON COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL PACKAGE
delivered hereunder, constitutes an infringement of any copyright, patent, trademark. tradc name. or
otherwisc results in an unfair trade practice or an unlawful restraint of competition,
The Contractor specifically assumcs potential liability for actions brought against the County by
Contractor's employees, including all other persons cngaged in the performance of any work or
service requircd of the Contractor under this Agreement and, solely for the purposc of this
indemnification and defense, the Contractor specifically waives any immunity under thc state
industrial insurance law, Title 51 RCW. The Contractor recognizes that this waiver was specifically
entercd into pursuant to provisions ofRCW 4,25,115 and was subject of mutual negotiation,
Insurance
The Contractor shall procurc and maintain, at its own cxpense during the Term of the Contract,
insurance as required by and specified in the Contract.
Independent Contractor
The Contractor and the County agree that the Contraetor is an independent contractor with respect
to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered
to create the relationship of cmployer and employee betwecn the parties hereto, and any and all
employees of the Contractor or other persons engaged in the performance of any work or service
requircd of the Contractor under this Agrecment shall be considered employees of the Contractor
only and any claims that may arise on behalf of or against said cmployees shall be thc sole
obligation and responsibility of the Contractor. Neither Contractor nor any employee of the
Contractor shall be entitled to any bencfits accorded County employees by virtue of the services
provided under this Agrcement. The County shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial insurance
program. or otherwise assuming the duties of an employer with respect to the Contractor, or any
employce of the Contractor.
Discrimination Prohibited
The Contractor, with regard to the work performed by it under this Agreement. will not discriminate
on the grounds, of race, color, national origin, religion, creed, age, sex or the presence of any
physical or sensory handicap in the selection and retention of employees or procurement of
materials or supplics,
Assignment and Subcontracting
The Contractor shall not sublet or assign any of the services covered by this Agreement without the
express written consent of the County or its authorized represcntative, Assignment does not include
printing or other customary reimbursable expenses that may be provided in an agreement. 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.
Termination
85
lEFI,'LRSOl\ COlLl\TY RECYCLIN(, SERVICES PROPOSAL Sl:BMITTAL PACKAGE
The right is rcserved by either party to terminate this contract at any time upon ninety (90) days
prior I'.yittcn notice to the Agency/Contractor. In the event of the termination, the County shall pay
the Contractor for all services which the Contractor has performed prior to receipt of thc notice of
such termination and those which the Contractor shall thereafter remain obligated to perform,
Change of Contractor O\\J1ership
The County reserves the right to terminate this contract if the County finds that by change of
Contractor ownership the Cmmty's qualifying standards for the Contractor are no longer met. If a
change in ownership does not satisfy the County's standards the County shall, at its discretion,
terminate this agrcement effective immediately upon such finding.
Intcrlocal Agreement
Jefferson County reserves thc right (0 extend the right to ship MR W under the terms and prices
incorporated into this Agreemcnt to other Cities, Municipalities, Fire Districts and Schools by
1nterlocal Agreement.
Notices
Notices to the County ofJefferson shall be sent (0 the following address:
Jack Reid
Solid Waste Manager
Jefferson County Public Works
623 Sheridan Street
Port Townsend, W A 98368
Notices to the Contractor shall be sent to:
Contractor
Contractor Contact
Street Address
City, State, Zip
Integrated Agreement
This Agreement together with exhibits, attachments or addenda, reprcsents the entire and integrated
agrecment between the County and the Contractor and supcrsedes all prior negotiations,
rcprcsentations, or agreements written or oral. This Agreement may bc amcnded only by written
instrument signed by both County and Contractor,
86
JEFFERSOl\ COUNTY RECYCLING SERVICES PROPOSAL SUBMITTAL. PACKAGE
APPENDIX A - DEFINITIONS AND TERMS
See "Appendix A ~ Definitions and Terms" in Recycling Scrvices Contract ~ Component I
87
JEFFERSON COUNTY RECYCLING SERVICES PROPOSAL SUB~1ITTAL PACKAGE
APPENDIX B - JEFFERSON COUNTY RECYCLE EQUIPMENT
PREVENTIVE MAINTENANCE SCHEDULE
Il'he F~cility a~d Improve~cntsthat are part'~fthe Prevcntativc Maintenancc Schedule arcl
described as follows:
1. drive through receiving area
2, encloscd processing area
3 otIice building and bathroom;
4, metal hazardous matcrials storage locker and halon suppression system
5. metal supply storage locker
6, steel shipping container
7, 6' chain link fence and gates
~' 8, emergency eyewash station and shower
.--.'!, shclving, tablcs, and reuse lockers
Maintenance Task PM Codes
- -
Inspect Buildings and Improvements for
Damage/Leaks
Inspect Electrical
:Inspect Plumbing
Clean and Inspect Gutters
Clcan and Inspect Roofs
.Paint BuUdings as needed
I'Note:
Inspcct means inspect, repair or replace as needed.
PM Code Interval
ABC
ABC
ABC
BC
BC
C
A - Every \10nth
B - Every Year
C - Every 5 Y cars
88