HomeMy WebLinkAbout1994-10-24 94-464 ORDERItm l . 99-969
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ItffdS iect: Autinrisfty City Bmegsr tO emi.ra m Agrvam t with Sm
Hmirvmmtal Serylces fox TJw! liwiaim of �ideldial
Solid Waste colltion Secy in t City of Ra
iVaPmei Departselrc: City aamger
Cmm ntary:
Y a significsnt pazimd of analysis and study, the City(bmicii Las
r tly mtbn imi the nit nn of a � with Sawyer ®IV+ til
Sexvixee fe the provision of tes� solid r w mllection within the
City of By . City staff Lave baps: wgag d in em:ptiat3ons with Smyer
FSrvliavental Seryicva. A draft crnmract Lae baa: developed mei Wt
mn[rect Las xxeivsi l vmi.u.y the Finance Cmmittaa with
ln. atralr:.... to arras xegtlirir fuxttex ragotiatfon with S�
gryi,�vninnfal SELyiC28.
At t time of th v iting, we aro cmM l � to vee[ altl work with Sm
�mmwnlnl in m mttm t m iram mt thefinal details of tint amtract.
A draft copy of the mM.ix.2 Lae Leen Provided to m®hera of the Finmra
amm£ttm and also to [Fuse v®bers of the ¢larch a wee t prat az
tlut :reetily. We anticiprte Fulaing a anrkdM with the full 6 it prior
to ltrday's meetil m s lm the details of that �tcact arN airy xemeitdng
mtatanding issues, if ary. i«mti+wed m next Fw9e)
Ld
rr �SRt
Aeeaciafad Lrtoma[ion:
[hder, ULHEt (bIRSBC[
B dot Approval:
inaiCe D1xecW[
City S r
Passage
..
First Rsadirq
�ferxaial page _ of
Wa anifcilnia that we will be in a P itlon V=fty night for the, C 11 to
cmai acdally Proceeding with Such a conttaat. This itmy thmefom,
e[gieaxo m. the -aga stauitl the f it wish to go £ormxd _ -' tales final
actton on Ynnd y night. the Caacil w j as always, ]ave the alternative
to table mmaidnatimi of this it® if issues retain antstmxIing or if the
fa U is not mufortable with PioceaiLS at this H; .
October 24, 1994 94-464
Aeignedto Counegor -Tyler
CITY OF BANGOR
MTLE,) Mrbgr, AUHcxiZiM aty tamegaz m Execute an rsp:emmm ....
with Sawyar for the ymviairn of lbaddea*:al Solid
%ste colleen Servima In the city of fo gor
By the City Commit ef6NW CRs of 8n .-
ORDERED.
TRAY
411�RBAS, the Privatization Cm 9s established by the city Council has
isanoarled that cmmidenatim be given to ccntiactug with a
Private company for the lrzovisdm of residential waste collectirn in
the City Of Bagar; and
wigs, city staff v subsequently dimttai to tale Fe ueet for Prcposale
for such sary ces; and
td�S, wch parPosals terve been tan m the p csal mode by Sawyer
Bnvlxormental Services has been de to be the mast rvapotmdve
prkx;sal; and
�r after siWafi Cect amlysisr The City Council has direched City staff
W enter into reptiatione with Sawyer IDrvirtewmrcel Servima for
p cses Of reaching an agreement for the provision of xvaddaa*aaa
solid wean mllection services; and
48dBEAS,
general agxeeemt has bean react i between the city and Smvyer
f]rv' omens tal S hoes as to W t®® m mtlitiore of such
contract;
iaw• '110ffi'9RSr Of TT Dim fy'If116 C1TY OAiCII. w yen Cimy w BANMn
9Wm: the City lmnager is hereby authorized to execute a contract
with Sawyer in accoxLLvice with the general
terms and cvtlitions as outlined in the aty's Bequest for yxopoea
and in the re Anse received from SL}4S Avimmmnfal Semryceg.
Said contract shall be, in a fom apprry by the city Solicitors mW
Shall be substantially similar to the draft oantxat attzcbed to
this Order.
IN CITY COUNCIL 94-464
October 24, 1994 O R D E R
Amended by Substitution also
adding the following with a
Draft including severability Title. Authorizing the City Manager to Execute
Passed by the Following Vote: an Agreement with Sawyer Environmental Services
6 yes. 2 no, I absent for the Provision. of Residential Solid Waste
Councilors Voting yea:'CollefEion'Seivicee'iv'ffie'CEEy'oE'"user.
Blanchette. Cohen, Popper, Soucy:
Stone. Tyler. ................ ....o ...,GJ'"^'�I `
Councilors voting No: - -
Baldacci
Councilor absent: Shubert
: t
CITY LERK. ......... `A'.VlpA.l
(V1 Councilmen
Tar
A,
Members of the City Cwaril Not Present at the
10-17-94
P1MTGe
comities Meetim
PRm: EkIwoxd A. larzeet, City Manger
Fe: GarbagcI Contract
Gate: October 17, 1994
On Msriay night, we had the cpportnity to brlefty xaview sore of the items
At that mseting, we highlightsl the three major areas of continuing
negotiations.
These are;
1. Paragraph 11, Uisaareemnta (Page 4 of 7.)
In this area, Sawyer has prapasEd hiMfng arbitration
on disputes. It In currently our Preference to vaarta xn the existing
la:goaga which simply indicrilons that disagreements with be subject
to litigation.
2. Paragraph 14, a6mdnatlm (Page 5 of 6.)
3. Paragraph 33, Suscial Annual Col la Limn proa>ms (Pages 9 ani 10 of
10.)
Ibis paragraph has to do with leaf ani yaxd xsat mllec[im. 1fie
city's preferenoxI is to specifically emmpt our annual spring clean
up anal fall leaf collection programs lot not include a blax et
prohibition of leaf aha yard weste.
Wer will be discussing these iter with Swyer &rvira®nrcal over the rest of
this week. We an tJoipate schs5rlimg a Council Workshop m MV Wy to revlea a
pmpwed contract. I have attachad a Py of the draft contract which we
have been working from for your xz✓iav prior to that Workshop. In rcmI Lraj
this cowncrect, arty iters Which am eLthac in hold type, or
un derlina9I axe Changes from the original language which went out to
pxap mega in the Pmt for Proposal aha an attaysI addarkm.
Should yon lave any gisstiae m the issues that axe still 1, negotiation
OW any of the iteas included in the cmtz t as attaMd, lyse Peal free to
contact ve.
&lsexd A. Bair, ty Manager
Murm
LM' �]f•'3,t�]
94-464
TRIS CONTRACT made this 25tb day of0ctober,1994, by and between the City of Bangor, a body politic,
located in the County of Penobscot, State of Maine, here nsfur caped dm City, and Sawyer Environmental
Servims Im.ofH pdminthe ComtyofPmobscm, State of Maine, with a principal office M Hermon,
Maine, hereinafter called the Contractor.
WETNESSETH
WHEREAS, the City has prepared specifications bar the work herein described. mad has approved mad
adopted such documents, and has published an advertisement for and in connection with such work. Atnseand
correct copy of said specifications is attached hereto, marked as Exhibit A and made a pan of this Contract,
hereinafter referred to as the Specifications, and
WHEREAS, Contractor, N response to such advertisement, has submitted to the City, in the manner cad
at the time specified, a sealed proposal in accordance with the terms ofthe advertisement, and
WHEREAS, the City, in the summer prescribed by law, has publicly opened, read aloud, examined, and
camassed the Proposals submitted in response to such advmtisanmnt, and as a result of such camas has
determined and declared Contractor to be the best qualified bidder for the work for the sum named m
Contractor's proposal, a true and contact copy demand is attached hereto, marked as Exhibit B and made a part
ofthis contract.
NOW, THEREFORE, in consideration of the foregoing sent other valuable consideration paid to the Contractor
and with the parties hereto intending to be legally bound, the Connector and City agree as follows:
1. Statement of Work: The Contractor agrees to provide collection services, for tlm Routes noted below in
accordance with the Specifications for a period of five years.
2. Compensation: For the services referred to in Paragraph No. 1 above, the City agrees to pay to then.
Contractor, subject to the terms and conditions of the Specifications and this Contract, as follows:
a. For.the First year of complete weekly curbside refuse collection for all Route(s)in the City of
Bangor for Fiscal Year 1995, a period from July 1, 1994 through June 30, 1995, (excluding the cost
of tipping Ree) the sums) as follows far the fiscal year:
Total All Routes
Annual Fee
Ex( clvd'wa Tipping Fee) M5,773.00
b. For the Second year of complete weekly curbside refuse collection in the Remits) noted below in
the City of Bangor for Fiscal Year 19%, a period from July 1, 1995 through June 30, 1996,
(excluding rise cost of tipping fees) the sums) as follows for the fiscal yeas
Total All Routes
Annual Fee
(Excluding Tipping Fee) SUL668.00
Page I of
94-464
c. For the Third year of complete weekly curbside refuse collection in the Router) noted below in
the City of Bangor for Fiscal Year 1999, a period from July 1, 1996 through June 30,199],
(excluding the cost of lipping fees) the sumbs) as follows for the fiscal year:
Total All Routes
Annual Fee
(Excluding Tipping Fee) $249.710.00
labor Amount included ($1OZ954.00)
in Annual Fm*
d. For the Fourth year of complete weeldv eurbside refuse collection in the Bootee) noted below in
the City of Bangor for Fiscal Year 1998, a period from July 1, 1M through June 30, 1998,
(excluding the cost of tipping tees) the eum(s) as follows for the fiscal year:
Total All Routes
Annual Fee
(Excluding Tipping Fee) $253.902.00
Inbar Amount included ($110.653.00)
in Annual Fee*
e. For the 141b year of complete cow curbside refuse collection in the Route(s) noted below in
the City of Bangor for Fiscal Year 1999, a period from July 1, 1999 through June 30, 1999,
(excluding the cost of tipping fees) the sum(s) as follows for the fiscal year:
Total All Routes
Annual Fee
Excludin Tipping Fee) $260250.00�
Eabor Amount included ($113.419.00)
in Annual Fee*
*This amount of the annual fee is subject to an annual CPI -W adjustment per paragraph 10, of the
Contract Agreement. (The annual fee will only be adjusted in accordaocewith the number ofsteps -
per paragraph 10. of the Contract Agreement)
All amounts properly due and payable to the Contractor hereunder shall be remiued on the Contractor on the
basis of monthly insaWnmts, in accordance with Section 12 of the Specifications.
3. Ecom] Employment O rlu itv: Contractor shall not discriminate against any employee or applicant for
employment because of race, religion, color, sex, or national origin. Contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during employment, without regard to their
race, religion, color, sea, or national origin. Such action shall include, but not be limited to, employment,
obtruding, demotion, or transfer, recruitment or recruitment advertising; layoff or nomination; rates of pay or
other compensation, and selection for training, including apprenticeship.
Page 2 of
4. I�n�rgo_fg
The Contractor shall carry all insurance policy providing complete broad gone comprehensive general
liability insuring including but not limited in nunufdcturer's and enormous liability, independent contractor's
liability, contractual liability, completed operations liability, and automobile insurance including hived and
non -owned insuring the Conraner and the City of Bangor, louts of which shall net be less than $2,000,000 for
combined badly injury and property damage. Said monsoon shall be provided by an insurance company
focused to do business in the State of Maine. The City of Bangor shall be named as an additional insured with
the Contractor under the aforesaid insurance policies. The Contractor also "I carry adequate insurance to
cover the risk and requ'remesds specified under the Worker's Compensation Laws of the State of Maine. The
successful bidder shell, within ten (10) days after receipt of mUfication that the contract has been awarded,
famish certificates evidencing in compliance with the provisions of this paragraph.
Such policy shall provide that the City be given a minimum of thirty (30) days written notice regarding
any change, cancellation, or lapse of such policy.
5. Indemnification:
The Contractor shall indemnify, defend and hold harmless the Ownm from and so= all claims and
actions, and ell eapevaes incidental to such claims or actions, based upon or arising out of damage to property or
injuries to persons or other tortious acro caused or contributed to by the Contractor or anyone soling under its
direction or control or in in behalfin the course of its performance under this Agreement, provided the
Contractor's aforesaid humility ami hold batteries agreement shall not be applicable to any liability based upon
the sole negligence of the Owner.
The Contractor hereby expressly agrees that it will defend, indentdfy and hold the City ofBangor harmers
from stay and all claims made or mmseted by Contractor agents, servants or employces arising out of Contractor
activities under this Agreement Contract. For Ws propose Contractor hereby narrowly waives anwr and all
mrstraw it my have under Makies AndUers Compensation to such claims made or asseacrik
Contractor's areas, servants or anolovar The Indemnification provided under this paragraph shall extend to
and include any and all costs incurred by the City ofBangor to answer, investigate, defend and settle all new
claims, including but not United to the City ofBangare costs for attorneys fees, expert and other witness foes,
the cost of investigators, and payment in fall of my and all judgements rendered in favor of Contracwrs agents,
rvants or enployas against the City of Burger in regard to claims made or asserted by such agents, servants
or employees.
6. PerformanceRavment Bond:
Befog execution of the contract between the Contractor and the City, the Contractor shat famish to the
City a proper performmce bond approved by the City Solicitor, turning that the Contractor shall faithfully
perform all the provisions and terms of the contract and related documents and pay all laborers, mechanics, and
subcontractors, and all persons who supply such contractor with provisions and supplies for such work, which
bond, or Inver of credit, shall be signed by the Contractor and bondivg/surety company ficen nal to do business in
the State of Maim, and shall be in the amount of $75,000 for the contract term, which sisal at all times be kept in
full force and effect.
Page 3 of]
94-464
]. Compliance with Laws -
Contractor shall kap himself fully informed of all imperial and sine laws and all municipal culminates
and regulations in any newer a8'ating the work or performance of this contract or any extra work, and shell at
all times observe and comply with such laws, ordinances and regulations, whether or not such laws, ordinances
or regulations we mentioned herein and shall indemnify the City, its officers, agents, and employees against any
claim or liability arising from or bead on the violation of any such haws, ordhmnces or regulations.
& Liability for Damages: The City, its officers, agents, or employees, shall ort in nay manner be liable or
responsible for any loss or damage due to the Contractor's work or to any part thereof, to any materials, building
equipment, or other property that may be used or employed therein or placed on the work site during the
progress of the work; for any injury done or damages or compensation required to be paid under any presem or
future law, to any penon whether an employee of the Contractor or otberwise; or for any damage to any
property occurring during or resulting from the work. Coatrector shall indemnify the City, its oilcan, agents
and employees against ell such injuries, damages, and compensation plus the reasonable con of anomeys fees
arising or reaching bear the Contractor's weak pursuma to this Contract.
9. Certificates. License and Permits: 'Contactor shall secure at hislher two expame all rncessmy
certificates, litmus and permits from municipal or other public authorities required in connection with the
impfornmrce of all duties required in the compact.
10. Semi" Dates and Modifications:
The service roe for fiscal yens 1995 aml 19% shall be that figure lined for those gems on the mmehed
quotation sheet. No inflationary adlusmaeat of figura will be allowed.
The service notes for fiscal years 1997, 1998 and 1999 shall be as fisted on the attached quotation sheet.
An intlationmy adjustmcrrc will be allowed for these fiscal years for labor costs only. The iMationary, adjustment
shall be based on the percent change from June to June of the previous you using the Consumer Price Index for
Urban Wage Eamers and Clerical Workers (CPI -W) for the U.S. City Average. If this index is discontinued or
not published, the City will use an equivalent price adjustment index. Contractors shall note in the space
provided the manner of labor that is included in the amus] fa.
There will be amus] adjustments in service rates for the second and third year of this contract for a
increase or decrease m the number of hops. Tice increase or decrease will be based on the number of
certificates of occupancies issued and building demolished when collection services are performed by
July 1, 1995 and 1996 wording to the records of the Code Enforcement l)dce. The base figurewW
be 7562 stops as listed in Exhibit A.
Il. Disagreements:
To prevent all disputes or litigation, it is widened that all questions wising as to the proper
performmce and the amount of work to be paid under this contract shall be the decision of the Director of
Operoions & Maintenance.
The decision of the Director of Operations & Mahuenavice shall be Cron] and conclusive uNess, within ten
(10) calendar days from the date of receipt of the decision, the contractor mals or otherwise defivers a written
appeal to the City Manager and his decision shall be final and conclusive.
Page 4 of
12. Billing and Payment to Contractor.
The City shall make payments on a monthly "anream' basis. The Contractor shall issue an invoice to the
City an the end of each calendar month for the total amount of the monthly installment with Net 15 terms
specified on the invoice. Upon receipt of the monthly invoice, the City shall make payment to the Connector in
accordance with its normal invoice payment cycle. From the total amount of the monthly payment, the City shall
deduct any charges or penalties or for any other breach of service or Contractor negligence ae specified in
Section N above. In the everd the Connector Inas outstanding past due accounts receivable due to the City,
monthly payments will be withheld until such account is curean with the City.
The City will directly pay PERC all tipping fees for the City of Reagan refuse.
13. Non-Aghmabiliry and Termination of Contract
The Contract or any interest therein or pan thereof shag act be assigned, whether by operation of law or
otherwise, or shell any pan thereof be subcontracted, without prior written consent of the City. The City
reserves the right to cancel or terminate the contract at any, time in case the Contractor fails or neglects to
perform or adhere to any provisions, tensa or regulations of the contract or this to abide by any of the conditions
or covenants herein contained.
14. Termination
Termination for Convenience:- the City ofBangor may terminate a content, in whole or in pan, whenever
the City determines than such termination is in the best interest of the City, without showing cause, upon giving
written notice to the contractor. The City shall pay all reasonable costa incurred by the connector up to the date
ofterminmiom However, ht w evem sbag the wmractorbe paid an amount which exceeds the price bid for the
work performed. The cominor will rat be reimbursed fm any profits which may have been anticipated but
which have wt been earned up to the data of termination.
DefinitionofCorweniense: For the purpose afivreryr"in8 the meaning of this contract,'bonveience' shall
carry the usual and customary meaning within the contest ofthe tenwnation language Intheeven[thmthe City
terminates the Contract for convenience, the action will subject to review of the Municipal Operations
Committee of the City Council.
Teminationfor Default: When the contractor has nm performed or has unsatisfactorily performed the
contract, the City may terminate the content for default. Upon continuing for default, payment may be withheld
atthe dinretionofthe City ofBangor. FsihueonthepanofawntractortofuMwntracmalobligmionsshall
be considered just cause for termination of the crone". The connector will be paid for work smisfemonly
performed prim to termination less any excess costs incurred by the City in reprocming and completing the
work.
15. Modifications: The City may modify this contract whenever in its opinion it shall deem it necessary or
advisable to do so. Connector shag accept such modifications when ordered in writing by the City Manager.
Any such modifications shall not subject the Contractor to substantial increased expense without equitable
wmperembon. If any modification results in a decrease in the cos[ of work involved, an equitable deduction from
the wNract price shall be made. The detemdnmion of any such additional compensation or deduction shag be
based upon the contractors original bid.
Page 5 of6
In the event of termination of this contract the City shall have the option to buy back refuse
collation equipment as follows:
Three 32 cubic yard packers
Packer equipment shall be similar to current City packer equipment
Packer ages shall be one at 1-2 years, one a 2J years and one at 4.5 years.
Prices of Me packers shall be based on a straight line five year depreciation of the
COM OCUM'a purchase amount.
17. Emolovment of ON Personnel
The Contractor shall offer employment to as many regular full time sanitation employees comedy
employed by the City including temporary employees recently employed by the City ss is consistent with
the Contractor's proposal. Any iudividunls accepting such employment shall he provided a 90 day
minimum employment period. Contractor shall make a good faith effort to provide continued
employment to as may of these individuals as possible consistent with the staffing requirements
established in the approved contract.
18. incentives for Recveline:
The Contractor shag cooperate with Ne City and endorse any changes or adjustments in the
collection system that may provide an incentive for recyding. Such changes may involve customer fees
for service or the sale of stickers or specially marked bags. new changes will be implemented with no
additional charge to the City.
19. Assighna : COMra or sba8 not sublm arty pert ofthe work uMW this wnt t m assign any movies due
him hereunder without first obtaining the written consent of the City. This contract shall Mme to the benefit of
and shall be binding on the parries and on their respotive successors and assigns. Neither party shall assign or
transfer his or its interest herein in whole or in part to this contract without the written consent of the other,
20. Natives: All notices required or permitted to be given under this contract or the specifications shall be M
writing and shall be deemed to be properly and suddernly given when deposited N the mail, postage prepaid,
registered or m nified, and addressed to the party entitled to receive such notice as out forth below or to such
atter address as that perry shall subsequently designate to the other party by notice given in accordance with this
section. Except, however that daily complaints of mussed pickups or carelesenem may be nansmitted by
telephone and/or written service request forms.
CITY CONTRACTOR:
Director of Operations & Maintenance Sawyer Environmental Services
City of Bangor One Freedom Parkway
no Milne Avenue Hermon, Maine 04401
Reagor, Maine 04401
Notice given M any other moaner shall be deemed effective only when the written notice is actually
received.
Page 6 of7
94-464
16.
Emuimment
Buy
Back:
In the event of termination of this contract the City shall have the option to buy back refuse
collation equipment as follows:
Three 32 cubic yard packers
Packer equipment shall be similar to current City packer equipment
Packer ages shall be one at 1-2 years, one a 2J years and one at 4.5 years.
Prices of Me packers shall be based on a straight line five year depreciation of the
COM OCUM'a purchase amount.
17. Emolovment of ON Personnel
The Contractor shall offer employment to as many regular full time sanitation employees comedy
employed by the City including temporary employees recently employed by the City ss is consistent with
the Contractor's proposal. Any iudividunls accepting such employment shall he provided a 90 day
minimum employment period. Contractor shall make a good faith effort to provide continued
employment to as may of these individuals as possible consistent with the staffing requirements
established in the approved contract.
18. incentives for Recveline:
The Contractor shag cooperate with Ne City and endorse any changes or adjustments in the
collection system that may provide an incentive for recyding. Such changes may involve customer fees
for service or the sale of stickers or specially marked bags. new changes will be implemented with no
additional charge to the City.
19. Assighna : COMra or sba8 not sublm arty pert ofthe work uMW this wnt t m assign any movies due
him hereunder without first obtaining the written consent of the City. This contract shall Mme to the benefit of
and shall be binding on the parries and on their respotive successors and assigns. Neither party shall assign or
transfer his or its interest herein in whole or in part to this contract without the written consent of the other,
20. Natives: All notices required or permitted to be given under this contract or the specifications shall be M
writing and shall be deemed to be properly and suddernly given when deposited N the mail, postage prepaid,
registered or m nified, and addressed to the party entitled to receive such notice as out forth below or to such
atter address as that perry shall subsequently designate to the other party by notice given in accordance with this
section. Except, however that daily complaints of mussed pickups or carelesenem may be nansmitted by
telephone and/or written service request forms.
CITY CONTRACTOR:
Director of Operations & Maintenance Sawyer Environmental Services
City of Bangor One Freedom Parkway
no Milne Avenue Hermon, Maine 04401
Reagor, Maine 04401
Notice given M any other moaner shall be deemed effective only when the written notice is actually
received.
Page 6 of7
94-464
21. Waivers: No party hereto shall be deemed to have waived any right, power or privilege under this contract
or any, provision thereof unless such waiver shell have base duly executed in writing and acknowledged by the
party to be charged with such waiver. The failure of my party barren to ernbree at my time arty of the
Provisions of this warns or any part thereof, or the right of my party to thereafter ambree each and every such
provision. No waiver of my breach of this contract shall be held to be a waiver of srry, other or subsequent
breech. All remedies afforded in this mutter shag be taken and construed as cumulative, that is, in addition to
every, other remedy provided herein or by the law.
22. Integration: This contact, Specifications, Equipment and Experience Questionnaire, and the Bid Ferris
submitted by the Contractor along with all Exhibits attached thereon set forth the entire agreement and
understanding between the parties hereto as to the subject matter of this contact sad merge and shag supersede
all prior agreements, commitments, representations, writings, and discussions between them, and neither of the
parties shag be bound by any obligations, conditions, warranties, or representations with respect to the subject
matter of this commet, other than as expressly provided in this contract or as duly set forth on or subsequent to
the date hereof in writing and signed by the proper arm duly authorized represemative of the party bound
thereby.
IN WITNESS WMMOF, the City of Bangor has caused this insvmnm[ t be signed by its City
blameless, Edward A. Barnett, hereunto duly authorized, and the Convector bas caused this instrument to be
signed by its ,hereunto duty authorized to execute this instrumem, this 25th day of October, 1994.
WITNESS = OF BANGOR
Edward A. Barrett
City Manager
WITNESS: Sawyer Environmental Services
Page 7 of 7
INCDSrIE.1
SPECIFICATIONS
REFUSE COLLECTION SERVICES
L General Description:
The work to be performed consists of a complete curbside collation and disposal of all garbage and
refuse for the City of Bangor. The contracmr(s) shall have the sole and exclusive right to collect residential
garbage and refuse on the contracted collation routes within the City, for the duration of this Agreement.
Garbage and refuse collection services from the Contractor for all residences on the contracted ounce within the
City of Bangor shall be mandatory. with the eseeepuueiTrailer parks, eM apartment buildings containing over
four (4) nails and private developments shall be excluded from this service. All services will be paid by the
City of Bangor,
It sling be the Couamor's duty to report, in writing, my violation of the City s ordinances pertaining to
the condition and location of garbage cans, detachable containers and garbage ruts to the Director of Operations
& Maintenance or his authorized representative. All decisions concerning the placement or condition of
containers shall be made by the Director of Operations & Maintenance, or his duly authorized representative and
any such decision shall be feral.
The Contractor shall provide a strong and positive customer orientation. be Me event of a dispute
with a customer, the resolution a that dispute shag be handled in a manna consistent with an customers
of Sawyer Environmental Services. The benefit of any doubt shag go to the citizen customer.
2. Collection Schedule:
All residential collections shag be made between the hours of 6:30 AM to dusk, but no Inter than 6 00
P.M., Monday through Friday.
The City shall have the authority to perfou periodic reviews of the route and pickup schedules and to
require changes in said routes and schedules in fight of.
PERC operating schedules; and
Any inefficient, unsuitable, fauhy, or inferior service rendered by the contractor which may in whole or in
pan be mused by or be the result of the existing route and pickup schedules.
3. Laws and Ordinances:
In performing the operations described berein, the Contractor shall abide with all applicable City of
Bangor Municipal Ordinances pertaining to solid refuse disposal and any applicable State or Federal laws in
effect at the time.
4. Emplova Behavior.
Collectors shall not trespass unduly on private property and vehicles shall not imerfine unduly with
traffic. Loaded vehicles shall not be left standing on streets. Collection shell be perfcued quietly so ser cut to
create a nuisance. All refuse containers and lids shall be rumored off of the roadway as outlined below.
Page 1 of 10
Service by collectors shall not be unduly interrupted because of closed streets due to (road resurfacing
contraction, and/or emergency operations that may ambit collections on the normal collation day). ba this
evenl, however, the contractor must ream to the said street at the start of the near workday to complete
collections in this area.
5. Collection Renuimmentm
The contractor shall not be required to pick up the debris of remodeling or construction projects such as
bricks, stones, concrete slabs, lumber, end the like The contractor shall not be required to pick up any refuse
that is unaceepteble to PW or my alternate disposal facility. The contractor will be responsible for
determining the suitability of all refine collected and title of said mfise will be determined in accordance with
Section 16. Title to Refuse.
Cardamon shall collect tom bags when the bag contents can be picked up using two (2) hods.
Contractors shall not impose individual limits on the amount of refuse collated where trash is grouped
for collection.
Contractors shall accept refuse brought to the track by residents as the wk passes the residence.
Habitually late residents shall be referred to the Public Services Department for notification.
Contractors shall use care in returning empty tens off the edge of the roadway. Cans are to be returned off of
the roadway in an upright position with the lid placed back on top of, or inside at the on. Cm shell not be
placed back in driveways, in brant of mailboxes or on the paved portion of the roadway. Failure to abide by this
provision may result in aeeessmut of penalties as listed below.
Contractors shall be courteous with the public at all times. Disputes shall be referred to the Public
Services Department.
Contractors shall pick-up and/or clean up any trash, glass, em. dropped on the roadway while in the
process of collections. i.e. anything dropped or spilled in the process of transporting cava or bags from the
carbside to the trucks or items pushed from the hopper while in the packing cycle shall be cleaned immediately
before leaving the pick-up site.
The contractor shall make provisions to collect newspapers and store this material separately on the
collection truck. All newspapers shall be delivered to the Chys recycling center on Maine Avenue.
Contractors shall not use private driveways for turnaround on dead end streats. The cont menors will be
responsible for repairs to any derange riot may occur due to trucks using private meas for tum around. Trucks
shall back into or out of struts or roads net having adequate tum mounds.
6. Loading and Transportation of Refuse Materiel:
Parra care shall be taken to the loading and transportation of garbage and refuse so that none of the
mmaial to be collected is left either on private property or on the streets. Any garbage and refuse left on streets
by the Contractor shall be immediately cleaned up by the Contractor.
Page 2 of 10
7. Callbark/Snedal Collections
Adequate provisions shall be made by the Connector to provide special collections when garbage, refuse
and other refuse has not been collected during the regularly scheduled trip. Special pickups for missed
collections shag be made by the Contractor when ordered bythe City at no cost to the City or the occupant The
sum of $15.00 for each such missed pickup shall be billed to the Contractor, if, in the judgment of the D rsersor of
Operations & Minuteman, the missed pickup was due to the negligence or omission of the Contractor.
8. Collection Ermines
In collecting acceptable refuse under this contact, the Connector shall use all metal, watertight,
completely enclosed "parka type" bodies that are designed mul manufactured for the collation of garbage aM
refuse. The level of compaction shall at all times be equal to that published by the vehicle's manufacaver. The
compaction mechanism in the body shag be capable of compressing the collected maienal to one-half or less its
original volume. The number and type of collection vehicles furnished by the commmor and be sufficient for the
efiiden and timely collection of M garbage and refuse. The Contractor shall be required to submit detailed
specifications for all equipment included in its proposal and shall secure prior written approval from the City for
any additional equipment introduced for service under this agreement.
Additionally. the Contractor shall insure that all pieces of equipment are in safe end sound mechanical
condition at all times. The Contractor shall provide appropriate documentation to the City every three (3)
months regarding inspection and maintenance of any vehicle used for rubbish collection in the City of Bangor.
The City reserves the right a request additional documentation from the Connector concerning the mechanical
condition of said vehicle(s).
Tack hopper plugs shall be in place a all times. Tucks found performing collations without the
appropriate plugs in the drain holes of the hopper wig be stopped from collections until hopper plugs are
replaced.
Equipment failure resulting in delay of collection must be reported to the Public Services Department
within In hour of the occurrence. The contractor will be required to dispatch Its back-up equipment and
continue the more within 1 hour of notification ofImakdown.
The contractor shall be responsible fa all maintenance of trash collation equipment, gasoline, off,
lubricants, parts, and service.
All vehicles used by the contractor shag be equipped with two way radio equipment capable of
commandeering with the contractor's office.
Contractor and carry litter dean -up equipment and use it in the event of spillage or breakage by
collection crew.
All vehicles shall be inspected prior to the beginning of the cumbers period by an authorized State of
Maine inspection satin and contractor shall provide the Citywith a copy of each record of inspection.
9. Complains:
The contractor shall maintain an adequate office with a telephone to handle all complaints and shall
designate a knowledgeable field agent capable of responding to a call within the City who shag be responsible
Page 3 of 10
94-464
for rectifying said complaints. The contractor shall maintain on file with the information as to the agent, mailing
address, and telephone number of said office facilities. The contractor shall provide qualified personnel in the
office each day between the hours of 7:00 Avi and 4:30 PM or to the completion of the regular collection
schedule, Monday through Friday to receive complaints and/or instructions from the Director of Operations &
Maintenance and to be responvble for notifying the City of arry equipment failures or delay in the collection
schedule. An answering service will not be acceptable in hen of the above.
A log of an complaints shall also be maintained by the covlrector with a brief narrative of the complaint
and its resolution. Copies of this log shall be sent to the public Services Department with the monthly reports of
the collections made.
In addition, daffy records of complaints will be logged in the o91co of the Public Services Department.
More than 3 justified complaints of failure to called in a 2 week period, which are determined by the Department
of public Services to indicate an unsmisfactory level of service will result in a warring to the connector. Three
such warnings may, 9 the sole discretion of the City result in default of the contrera. The City may than rebid
the contract or assign the work to member contractor. The cormamor will be rettuked to continue service until
the bidding procedure is completed.
10. Refusal a Serve:
Contractors refusal to serve any of the areas or units covered by these specifications for refuse collection
will be cause for immediate termination of the contract and the contractor will remain liable to the City for
damages due m breach of contract.
11. Collection Routes:
Contractors shall follow definite street by sued collection schedules in the collection of refuse and shall
submit schedules and detailed maps for each collation vehicle to the Department of Public Services, for
approval, 49 day within a tenantable period of time before dart of collection under this conamst, All
altercations in the schedule most be registered with the Public Services. Department. Contractor will be
responsible for a period of two weeks after any schedule change to pick up refuse that maybe put out at
the incorrect time.
Refuse collection for each street must adhere to the schedule given in Attachment A. All changes are
approved only at discretion of the Director of Operations & Maintemamce, and
after approval the contractor shall notify, the property owners and tenants of the change.
Following the approval of the collation schedules n the beginning of the contract period, updated and
revised schedules shall be submitted at 6 month intervals throughout the comment period. Normally schedules
should only be revised to show additional new streets. Penalties listed in section 17 shall be imposed if schedules
are not submitted as noted.
Strew by street schedules shall be carred on all collection vehicles while co0ations are in progress so
any new persomel can follow the schedule.
All routes shall be collected as noted on the street by street collection schedule. In addition to penalties
imputed as specified in paragraph 17. Charges and Penalties, collection trucks may be forced if requested by the
City, to renes to the beginning of the come as scheduled to begin collections. Additionally, sections previously
collected will be collected again following the street by street schedule.
Page 4 of 10
94-464
If additional trucks are placed on the route, these trucks shall rent the more in a manner consistent with
the collection schedule. Additional nucks and not parallel with the primary trucks while collecting the route to
maintain consistency with the collection schedules.
12. Route Notices.
Contractors shall distribute City tumisbed notices to curbside route dwelling units W indicate the
collection days and the effective starting date. Notices and] be placed not later then } two (2) week prior to the
effective starting time
Newspaper advertising may be used as an alternative to individual whose to curbside dwelling units as
long as the advertisement is adequate in the opinion of the Dhector of Openr ions & Maintenance The cost of
all required newspaper advenisencents are the responsibility office comment.
13. goals Description:
All cults included in the proposal are within boundaries of routes as described in the material attached
hereto. gee maps and collection day schedules in Attachment "A".
14. Handling Refuse: -
Due core shag be taken in handling reface and containers so that the contacts are wt littered from the
containers or vehicles, and so that damage to the containers is avoided. Where the convector has littered
garbage along a street, or damaged such containers, the City reserves the right to collect such refuse and replace
damaged containers and deduct the actual cost to the City of such collation or replacement from any monies due
the contractor. -
15. Failure to Handle Refuse
where acceptable refuse has been placed cut by a madent at the proper times, it shall be the wntractots
responsibility to successfugy complete collation within the time period indicated in the schedule required under
Paragraph l l of these specifications. If all collection is not sccomplishe l within the scheduled period due to
weather conditions, equipment breakdown, or other factors beyond the cenvactoes central, the contractor shall
notify the Director, Deparmrent of Operations & Maintenance and stipulate the reasons for non -collection, means
to correct the problem, and the projected revised collection time. Ifthe contractor fails to notify the Director of
Operations & Alwdariwce, or if for arty cause the City must provide collation to areas neglected by the
contractor, using the Chys equipment or arty other means necessary, any and all reasonable costs shall be
deducted Grum monies due to the connector.
If at any time during dw life of the contract, performance does wt adhere to these specifications the
contractor shell increase the workforce, tools, equipment and take any other measures which are required to
bring the service ram wMormance with the specifications. Failure of the City to direct such improvement of
performance shall not relieve the contractor of his obligations to perform the work in a manner and at the time
specified.
16. Title to RMaee:
rife to all "acceptable refuse" as defined in any existing or future Flow Control Ordinance shall pass to
the City when placed at the curb. No one may salvage, remove or carry off any such waste without prior
approval of the City.
Page 5 of 10
04-464
When placed in the Commctors vehicle, removed by the Connector from a container or removed by the
Contractor from the waste generators premises; title shall transfer to the Commerce. Tide to au other waste
shag pan to the Contractor when placed in the contractors collation vehicle, removed from a container, or
removed from the waste generators premises.
17. Charges and Penalties:
The contractor will be charged at a specified hourly rate f each haw or fraction thereof the City has
committed its resources to refine collation, whether or not actual collation occurs. Such cost will include
equipment, personnel, mileage, and other resources utilized by the City in the collection. The lack of availability
of back-up refuse collection vehicles will not be considered as a valid excuse for the contractors non
performance.
Failure to complete any more on the specified collection day wM resuh in a $250.00 penalty charge for
each occurrence, for each route, for each collection day. Charges will be deducted from payment owed the
conhamon.
Failure to submit revised street by street schedules as need in salon 11. m each 6 month interval, by
January 1 and by July I each year, during the contract period, will result in a $10.00 penshy, par working day
until schedules are submitted. Penalties will be deducted fine payments owed the commct.
Failure ofthe collection tracks to follow the cheat by street schedule as noted in section 11. will result in
a $25.00 penalty per occurrence unless the schedule cannot be followed due to road construction or deviation is
approved by the Operations & Maintenance Director.
The following penalties will be imposed TCity per crawl perform any of the activities specified blow to
correct deficiencies in contractor performnance. ISach occurrence will result m a separate penalty charge:
Trash cans moved from the roadway after left by contractor $10.00
Cans moved from the middle of driveways after left by contractor $10.00
Cans moved from the front of mailboxes impeding mail delivery $10.00
Collectable refuse not collated by contactor that is collected by the City $10D.00
(each stop)
Farly Sun of route (before 6:30 AM) $ 25.00
Cans and gds not replant properly as re pured $10.00
The repetition of complaints on a route after notification $ 5.00eechnotto
a notes after notification to replace cans or detachable armed 10 complaints
containers in designated locations spilling, craning pleaded pertruckperday
arms, or similar violations, nut corremM within four (4)
hour after notification ofthe Contractor.
M charges and penalties will be deducted from the monthly payment to the Connector.
Damaged or Ivfissing Can and lids: It and be the contractors responsibility to ratify claims of missing
and damaged help conk containers, lids and container enclosures. If all cane, lids and containers are replaced
property as indicated in Section 5, there should be few property damage claims. The City of Danger will take
wind lose consideration as a cause for cans and lids blowing away from replacement areas. A log of windy days
is kept by the Contractor's Collections Supervisor for days in question.
Page 6 of 10
M-464
All collation vehicles shag be kept clean, Measurable and well announced without su stars rust showing.
Each vehicle shall have the Contractor's name and number of the vehicle painted in letters of a contrasting color,
at least four (4) inches high, on each side and the rear. No advertising shag be pertained other than the rents of
the Contractor. All vehicles shall be painted not less than every two and one-half (2 M) years.
19. Mined Loads:
Under no circumstances shall refuse from another municipality or commercial customer be included in
any load charged to the City of Bangor. Such action will result in a $5,O000 fine and constitute default of the
correct.
19. MethodorDienasal
The Contractor shag deliver at his cog all acceptable refuse to the PERC Facility, Orru gton, Maine or
an alternate site Vpreyed as direc[W by the City. The Contractor agrees Had it will operate under applicable
rules and regulations that may be a requirement of using said declines. lies. If at any, time during the Be of this
contract the PERU Facility is closed the Contractor shag deliver all refuse collected in the City of Bangor to an
approved alternate facility, within a Twenty (20) mile radius of Bangor City Hag, at no additional cost to the
City of Bangor. Transportation tees for delivery to an approved facility beyond this radius shag be paid to the
Contractor based on razes to be established by annual agreement.
20. Flow Control:
The contractor shall agree to comply with any existing a future Now Centel Ordinance. If the
Contractor believes a required change in the City's Flow Control Ordumnce has anadverse financial import
he/she may request to negotiate a corresponding change in therm as ofthe Contract.
21. Ownership of Esslingen:
All vehicles, facilities, equipment and property used in the performance of this contract shall be wholly owned or
leased by the Contractor. Rental agreements, conditional sales contracts, mortgages, or other contractual
arrangements for financing the purchase of such equipment shag also be allowed; however, all such leasing or
rental agreements shag provide that in the event of default of this contract, or of such leasing or renal
agreement, the City at its option, shag have the fight to take possession of and operate collection equipment
covered by such leasing or rental agreement, assuming all remaining liabilities, payments and insurance, for the
w«p'ned term of dun comma.
22. Cleanine Facilities:
The Contractor shall provide adequate cleating facilities "proved by the6ny for its vehicles and
equipment. All vehicles shall be kept in a clean and sanitary condition, and all vehicles shell be steam cleaned,
inside and out, and washed with soap or daergmt, at lean once a wcek and more frequently in the summer
months to prevent foul odors. Any cleaning conducted within the City gaits shall be done on a paved area which
is curbed to prevent drainage to surrounding meas and which is provided with as approved catch basin which is
connected to a sanitary sewer system, septic tank or holding tank acceptable to the City. These facilities shag be
used for all washing and steam cleating of equipment and be kept m a clean and sanitary condition
Page'/ of 10
D. Parking of Vehicles:
The Contractor shall not use property in or adjacent to that zoned as residential, nor adjacent to the
disposal site for parking, standing, washing, clearing, or storing of its vehicles or equipment without the approval
of the City Areas used by the Contractor within the City for the storing, parldog or repair of vehicles shall be
kept in a clean and orderly condition.
24. Reports. Mass. and Routing:
The Contractor sbah furnish to the City a report, at the end of each month and an annual report at the
end of each fiscal year, showing the number of loads of garbage and refuse hauled by the Contractor to the
disposal site. The report shall alae include the approximate number of tow/cubic yard per load and the term
number oftow/cubic WE of garbage and refuse hauled to the disposal site
The Contractor shall also, prior to eaewting a contract, submit a schedule, on maps Remained aired by the
City, showing the residential collection routes for City approval. The Contractor shag give not less than thirty
(30) days' notice to the City of Banger of any changes in the boundary of any residential route or of the day or
time of collection.
Any changes in either the collection route or of the day or time of co0ection, due to actions of the
Contractor, most be published by the Connector, m least two (2) weeks in advance of the change, in a
newspaper with general ohculation walnut the corpumte hmits ofthe City. The City will pay 50% of the cost if
the change can be incorporated with the Citys holiday schedule. Changes due to holidays will be published by
the City to cover both the City and Contractor collection rales.
25. Permits:
The Connector shell take out and pay for any permits required by the City or arty other governmental
authority which may be required order this contract. Further the connector shall be obligated to protect all
pubic and private property. IfutJipes are damaged by reason of the Contractors operations mder this wntm ,
the Contractor shall repair or replace same or, £aging to do w promptly, the City shall cause repairs or
replacements a be made and the cost of doing so shall be deducted from the Connector's monthly payment from
the City.
26, Woken:
All worker employed by the Contractor sbah be component and skilled in the performance of the work to
which they may be assigned. Failure or delay m the performance of this contract due to the Contractors inability
to obtain workers of the number and skill required shall constitute a default of the contract.
In sedition, all workers who operate vehicles shall possess a clean driving record and all Isomers end be
physically able to perform all required duties to collect all refuse in accordance with these specifications. The
City reserves the right to request dowmenrtion from the Contractor concerning the above requirements. For
the purpose of this section a "clean" driving record shall mean a record with no 0111 or driving to endanger
wnvinlma.
27. Company Name:
The Contractor shall net use a firm name entering the words "Bangor", "City", or any words implying
municipal ownership.
Page 8 of 10
28. Mislay
The Commamor shall follow and have the same holidays schedule as the PERC Facility. Than holiday
schedule is currently New Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving and Omissions.
When a holiday occurs on a scheduled collection day, that days collection shall he performed the
following day. In the event that a holiday occurs on a Friday, collections must be made on Saturday to complete
the week Sunday collections will not be permitted at arty time. Arty changes in the collection schedule due to
holidays or any other reason must be published by the Contmaor at least one (1) week in advance ofthe change
in the Bangor Daily News. The contractm will pay for all required edvertiemimts. Any permanent change in the
collection schedule will require two notices; one at least two wedcv in advance and one notice one week in
advance in the Bangor Daily.
29. Junk or Salvage:
All jurdc or salvage of any kind or nature collected by the Covtraaor shell become its property and the
Consumer agrees to make proper provision for the disposdon of my suchjunk or salvage as the case may be.
30, laal improvements:
The City reaervm the right to construct any improvement orb permit any such construction in any street
or way in such a manner as it may dived, which may have the effaY for a time of preventing the contractor from
traveling its accustomed route or routes for collection. The Contractor, shall, however, by whatever method he
darts, cortivue to collect the garbage and mbbish to the same anent as though no imnference aysted upon the
meets or ways formerly traversed. This shall be done without extra cost to the City of Bangor.
31, PERCDdays:
The entrance is aware of the poremal f delays their dumping m the PERC incinerator in Orrington.
The contractor is also aware of the existence of school bus hours when trash marks are not supposed to be
traveling on the roads in Orrington and the fact that PERC is required by the Town to hold trash trucks during
the school bus hours and mAeass than a the end ofthe achool bus period. These time periods are ]:30 to 820
a.m., 1 C00 to 12:00 mon, and 2:10 to 3:15 pro
32. Akernate Disposal Facility:
In the avem that refuse corm[ be delivered to the PERC facility, the City of Bangor will be responsible
to [cram and designate an alternate facility.
33. Spacial Annual Collection Programs:
The City of Bangor's annual spring cleanup and fag leaf collection programs are separate hour
regular refuse collection services, and are excluded from this contract.
Page 9 of 10
34. Fnarearabble Cootainem
Metal 55 gallon drums will not be acceptable refuse containers under the toms of the refirse collection
accrue[.
35. 'Bulkv Waste:
"Bulky Waste" is defined as henry or large objects which may exceed 40 pounds per object in weight or
objets that are 100 large for one person to handle. This may include items such as household appliances,
furniture, bedding bed steads or large toys.
36. City Facilities Included in Contact,
City facdifies that are included as a requirement of the contract are all Fire Stations, the Motor Pool and
the Public Services Building.
Page 10 of 10