Public Works Committee Packet- 6/15/2015
CITY OF MUSKEGO
PUBLIC WORKS COMMITTEE AGENDA
June 15, 2015
6:00 PM
Aldermen’s Room – Upper Level of City Hall,
W182 S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
APPROVAL OF MINUTES FROM THE MAY 18, 2015 MEETING.
STATUS OF PROJECTS
Discussion update. No formal action may be taken on any of the following:
1. Woods Road Bridge
2. 2015 Road Improvement Program/Penn Lane Construction
3. Jensen Park Lift Station Upgrade
4. Moorland Road Reconstruction
5. Bay Lane Alternatives Analysis
UNFINISHED BUSINESS
Discussion update and possible action may be taken on any or all of the following:
1. Review Refuse and Recycling collection contract options for 2016-2020
NEW BUSINESS
Discussion update and possible action may be taken on any or all of the following:
1. Review request from Inpro Corporation to allow a monument sign within the vision
corner at Mercury Drive and Janesville Road.
NEW BUSINESS PLACED ON FILE
(The following items have been placed on file for staff review. Upon completion of review, staff
will submit a supplement detailing options and possible course of action to committee
members.)
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
ADJOURNMENT
NOTICE
IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF
THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION
WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL
BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE.
ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED
INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS
SERVICE, CONTACT MUSKEGO COMMUNITY DEVELOPMENT DEPARTMENT, (262) 679-4136.
Unapproved
CITY OF MUSKEGO
PUBLIC WORKS COMMITTEE MINUTES
May 18, 2015
6:00 PM
Aldermen’s Room – Upper Level of City Hall,
W182 S8200 Racine Avenue
CALL TO ORDER
Ald. Bob Hammel called the meeting to order at 6:00 PM.
PLEDGE OF ALLEGIANCE
Ald. Hammel led those present in the Pledge of Allegiance.
ROLL CALL
Ald. Hammel and Ald. Borgman were present. Ald. Kapusta absent.
STATEMENT OF PUBLIC NOTICE
The meeting was noticed in accordance with Open Meeting Laws.
APPROVAL OF MINUTES OF MEETING HELD APRIL 20, 2015
Alderman Borgman made a motion to approve April 20, 2015 minutes. Alderman
Hammel seconded.
Motion Passed 2 in favor.
STATUS OF PROJECTS
Discussion update. No formal action may be taken on any of the following:
Woods Road Bridge
2015 Road Improvement Program/Penn Lane Construction
Jensen Park Lift Station Upgrade
Moorland Road Reconstruction
Bay Lane Alternatives Analysis
UNFINISHED BUSINESS
Discussion update and possible action may be taken on any or all of the following:
Review and update Department of Public Works fees
Alderman Borgman made a motion to approve culvert replacement costs to be
$1,930.00 no matter what size. Alderman Hammel seconded.
Motion Passed 2 in favor.
Review Refuse and Recycling collection contract options for 2016-2020
Alderman Borgman made a motion to approve the Resolution to seek cost numbers
we will need to consider joining the Waukesha County Recycling Program. Alderman
Hammel seconded.
Motion Passed 2 in favor.
NEW BUSINESS
Discussion update and possible action may be taken on any or all of the following:
Review request from Dan and Laura Rindfleisch for variance from ground water separation
requirement
Alderman Borgman made a motion to accept either the LandMark Engineering
recommendation for elevation of 780.00' with a gravity drain or the footing
height recommendation of the City Engineer of 780.50'. Alderman Hammel
seconded.
Motion Passed 2 in favor.
Discuss removal of speed humps on Muskego Drive in conjunction with Road Improvement
Program
Alderman Borgman made a motion to approve removal of speed humps on Muskego
Drive when they redo the road. Alderman Hammel seconded.
Motion Passed 2 in favor.
Discuss storm sewer on Lake Street/Wildwood Drive/Muskego Drive
Alderman Borgman made a motion to approve doing Phase I of the Lake Street storm
sewer project. Alderman Hammel seconded.
Motion Passed 2 in favor.
NEW BUSINESS PLACED ON FILE
(The following items have been placed on file for staff review. Upon completion of review, staff
will submit a supplement detailing options and possible course of action to committee
members.)
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
ADJOURNMENT
Alderman Hammel made a motion to adjourn at 7:08 PM. Alderman Borgman
seconded.
Motion Passed 2 in favor.
CITY OF MUSKEGO
Staff Report to Public Works Committee
To: Public Works Committee
From: David Simpson, P.E., Director of Public Works/City Engineer
Subject: Refuse-Recycling Pickup and Transportation Contract
Date: June 12, 2015
The City of Muskego’s current contract with Advanced Disposal will expire at the
end of 2015. Based on the last Committee meeting and the resolution passed by the
Common Council I have received the information from Waukesha County
regarding partnering with them for recycling processing (see attached). If the City
were to have partnered with Waukesha County in 2014 and haul our recyclables to
the joint facility, our additional recycling revenue would have been $31,393.
However, our collection contract costs would have increased because the contractor
would no longer be receiving the revenue from the recyclables. Based on the initial
data I would recommend that we bid our refuse/recycling contract to include both
options (contractor retained vs. City retained) for recycling so we can make a
decision based on actual numbers.
In my discussions with the County they offered to provide a copy of a RFP and
contract (attached) that was completed for their existing partner municipalities.
This contract is much more in depth and detailed than our existing contract model.
I believe that this model would protect the City more than our existing model so I
would recommend proceeding with review and updating of the County’s template,
which includes a 7 year contract term.
In order to ensure we can make a decision based on actual dollars I also propose
that we consider bidding the contract with automated and manual refuse collection
options so that the decision can be made at the time of contracting for which option
to proceed with.
I would also like to discuss how to handle recycling carts and potentially refuse cart
ownership and maintenance. The City currently owns the recycling carts and the
contractor is responsible for replacing damaged carts. As the carts age more carts
are in need or replacement and the risk of having to purchase large quantities of
carts begins to grow for the contractor. If we were to assume some of the risk we
would be able to reduce the contractor’s risk, therefore reducing our collection cost.
If we committed to cost share all recycling cart replacements at 50% the contractor
would still have motivation to not damage carts but also motivation to replace the
carts with the correct style (because we would only pay for proper carts).
Recommendation for Action by Committee:
Discuss above issues and direct staff.
Page 1 of 1
City of Muskego
1 6/2015
City of Muskego
Recycling Analysis & Program Options
Waukesha County Recycling Program History
In 1990 Waukesha County declared itself willing to serve as Responsible
Unit (RU) for recycling according to state recycling law. Municipalities
within the county passed resolutions to participate in the County program
or serve as their own RU. Twenty-five municipalities joined the County
recycling program and 12 assumed their own RU status, including the City
of Muskego.
For municipal partners, the County applies for and receives annual state
recycling grants, and is responsible for operating an “effective recycling
program” (NR 544). This includes implementing a comprehensive public
education program, compiling annual solid waste and recycling reports,
providing residential recycling drop-off containers, and processing
recyclables collected by the municipalities at no fee.
Since 1991, recyclables from the 25 municipal partners have been processed
at the County-owned Materials Recovery Facility (MRF) located in the City
of Waukesha. In March of 2015, Waukesha County and the City of
Milwaukee opened a jointly-owned regional single sort MRF located in the
Menomonee Valley (“Valley MRF”). While the Valley MRF is a publicly-
owned recycling facility, it is privately-operated by ReCommunity
Recycling, similar to previous County and City MRFs.
Recycling Program Options
The City of Muskego has three options to manage their recycling program,
with the potential to recover additional collection costs.
Option 1: Consolidate with Waukesha County
Waukesha County pays for recyclable processing and marketing,
education and program administration costs including grant
applications, annual reporting and enforcement required to operate
an “effective recycling program”.
Waukesha County applies for and retains annual state recycling
grant as RU for the City.
Waukesha County pays the City of Muskego an annual recycling
dividend based on an established formula (page 3).
o Estimated dividend of $104,535 based on 3 year averages.
City Statistics
(3 year Average)
Households: 9,259
Tons Recycled: 2,140
Tons Disposed: 6,519
Recycling Rate: 24%
Program Costs:
$426,269
Collection
Costs (2014) =
$8.21/HH/Month
(Recycling = $2.72)
WDNR
Recycling
Grant (2014)
= $73,142
Estimated
County
Recycling
Dividend
(2014 - Option 1)
= $104,535
Base = $45,262
Incentive = 59,273
City of Muskego
2 6/2015
o Represents an increase of $31,393 over 2014 WDNR Grant.
o The City continues to pay for collection costs and administration of municipal collection
contract as done by all existing municipal partners.
Option 1 Action Items:
o Waukesha County Board authorizes an Intergovernmental Agreement (IGA) with the City of
Muskego for recycling program consolidation. Basic Terms of the IGA will include:
County provides recyclable processing service, education program, grant administration, annual
dividend payment, and recycling ordinance enforcement. Upon request, will provide recycling
drop-off services and assist with coordinating collection contract RFP services.
City provides recycling and refuse collection services, delivers all residential recyclables to the
Valley MRF and completes annual report data needed for recycling grant administration.
Term of IGA will follow the term of the MRF contract the County has with the private
operator (currently March 2025).
Automatic IGA term extensions will also follow MRF operating contract unless the City
provides 1-year notice of non-renewal (Note: This allows sufficient time for both entities to
prepare grant applications and for MRF operating contract bid process and contract
negotiations.)
Option 2: Contract Directly with a MRF Operator
City of Muskego remains an independent RU, responsible for its own education program and
administrative costs of operating an “effective recycling program”.
City of Muskego applies for and retains annual state recycling grant.
City of Muskego contracts directly with a MRF operator (i.e. Valley MRF, Waste Mgt. or John’s
Disposal), pays for recyclable processing ($/ton fee), and receives revenues from recyclable sales (%).
Option 2 Action Items:
o City of Muskego prepares a Request for Proposal (i.e. consultant) to obtain processing costs and
revenue sharing proposals from the various MRF operators.
o City of Muskego uses RFP results to negotiate and execute a contract with a MRF operator for
recyclable processing and revenue sharing.
o City of Muskego, through a hauling contract, ensures all residential recyclables are delivered to a
designated MRF for processing.
Option 3: Maintain as Independent RU (Status Quo)
City of Muskego remains an independent RU, responsible for its own education program and
administrative costs of operating an “effective recycling program”.
City of Muskego applies for and retains annual state recycling grant.
City of Muskego
3 6/2015
Considerations
Impacts to collection costs.
Previous City collection contracts contained “bundled costs”, including collection, transportation,
landfill disposal, containers, recyclable processing fees, and state/environmental fees.
The County provides funding for recycling drop-off sites in participating municipalities at no extra
costs (large containers). The County covers the cost for these containers and pick-up services.
Waukesha County Recycling Dividends
Despite recent cuts in state recycling grants and fluctuating recycling markets, Waukesha County has been
able to provide its 25 municipal partners stability in annual dividend payments, as shown in the graph below.
The dividends are not guaranteed and are subject to state grant funding, recycling markets, MRF Fund
balance, and annual County budget approval. Since 2001, the County has been able to distribute over $13.6
million to participating municipalities.
There are two parts to the recycling dividend payments being offered to the City of Muskego:
1) Base Dividend is divided among the participating municipalities according to each community’s
percent of eligible recycling and yard waste program expenses averaged over the past 10 years.
2) Recycling Incentive is based on prior year actual recycling tonnage and recycling rate.
Collection Contract Coordination
Under consolidation with Waukesha County (Option 1), the County will provide assistance, as requested, in
the procurement process for a municipal recycling and solid waste collection contract. The County is able to
offer the following services at no cost to the City:
Prepare draft RFP for City review and approval
Release RFP
Score RFP (City staff and/or Board members sit on technical review committee)
Provide award recommendations for collection service
INSERT LOCAL UNIT OF GOVERNMENT (LUG)
REQUEST FOR PROPOSAL XXXX
FOR
LUG REFUSE, RECYCLING AND YARD WASTE COLLECTION
CONTACT INFORMATION
RFP Coordinator
E-mail
Fax
Mailing Address
SCHEDULE OF EVENTS
The following dates are provided for your information and planning purposes. Although
every effort will be made to follow this schedule, we reserve the right to modify the
dates as necessary.
RFP released:
Preliminary Questions Due:
Pre-Proposal Conference:
Final Questions Due:
Amendment Issued:
Proposals Due:
Notice of Interviews:
Interviews, if required:
Proposal Requirements, Page 1 of 4
REQUEST FOR PROPOSAL
PREPARATION, SUBMISSION, PROCESS AND AWARD RECOMMENDATION
1. COMMUNICATION
The RFP Coordinator assigned to this RFP, along with contact information, is noted on the previous page.
The RFP Coordinator is the sole point of contact during this process and no information provided by any
other personnel will be considered binding.
The LUG prohibits communication initiated by the respondent to any LUG official, employee or
representative evaluating or considering the proposals with regards to this RFP or respondent’s proposal,
prior to the time an award recommendation has been made.
All respondents should use this written document, its attachments, references and amendments as the sole
basis for responding.
2. CLARIFICATIONS/AMENDMENTS
If you discover any significant ambiguity, error, omission or other deficiency in the RFP, immediately
notify the RFP Coordinator in writing. All other questions, clarifications or exceptions regarding the RFP
document must be raised prior to the submission of the proposal. We encourage you to submit preliminary
questions prior to the pre-proposal conference (if applicable). Please note the due dates and times noted on
Page 1 for both preliminary and final questions. All questions must be submitted to the RFP Coordinator in
writing, via fax or email, with the RFP Number and Description clearly identified.
If it becomes necessary to clarify or revise any part of this RFP, amendments will be posted to the (INSERT
LUG) website; https:// , in accordance with the Schedule of Events. It is the responsibility of prospective
vendors to check the website for any amendments prior to the opening date. All amendments must be
acknowledged on the RFP Signature Page in the area provided. Failure to do so may result in your
response being rejected.
3. PRE-PROPOSAL CONFERENCE
Vendors are required to attend a pre-proposal conference related to this RFP. Please review the time, date
and location on the Schedule of Events. Attendance is mandatory for all vendors considering this RFP.
4. CONTENTS OF PROPOSAL
All attachments, additional pages, addenda or explanations supplied by the vendor with their proposal will
be considered as part of the proposal response.
5. NONCONFORMING TERMS AND CONDITIONS
A response that includes contractual terms and conditions that do not conform to the contractual terms and
conditions in the RFP document are subject to rejection as nonresponsive. The LUG reserves the right to
permit the respondent to withdraw nonconforming terms and conditions from its response or negotiate
changes to the contractual requirements prior to making a determination of responsiveness.
6. AMENDMENT/WITHDRAWAL OF PROPOSALS BY VENDOR
After receipt by the LUG, vendor proposals may only be amended by submitting a later dated proposal that
specifically states that it is amending an earlier proposal. No proposal may be amended after the opening
date unless requested by the LUG or as part of the negotiation process.
Proposals may be withdrawn only in total, and only by a written request to the LUG prior to the time and
date scheduled for opening of proposals.
Proposal Requirements, Page 2 of 4
7. PROPOSAL FORMAT & SUBMISSION
a) Format:
In order for the evaluation committees to adequately compare proposals and evaluate them uniformly
and objectively, firms must complete only the Proposal Response and Pricing Documents provided by
the LUG; i.e. do not submit the Proposal Response Document and a response in another form/format.
The Proposal Response document is posted on the LUG website along with this RFP.
Failure to use the Proposal Response document may result in your response being rejected.
Although additional documents/attachments may be submitted as supplements to the response, they
should not be excessively long or in an elaborate format. They are not to be used in place of responding
to the questions in the Proposal Response document, i.e. do not respond with “Reference Attachment.”
Unnecessary attachments beyond those sufficient to present a complete, comprehensive and effective
response should not be included. Proposals will be evaluated based on content, not aesthetics.
b) Proposal Response Submission – HARD COPY AND FLASH DRIVE:
Respondent must submit one (1) original hard copy Response in a sealed package (with clearly marked
and separate sealed Technical and Financial documents), box or envelope to arrive no later than 2:00
P.M. CST on (INSERT DATE). The original hard copy shall be accompanied by two (2) clearly
marked (Technical and Financial) electronic version provided on separate flash drives. The original hard
copy should be double-sided and bound by staple, binder clip or in a three-ring binder. Spiral, wire or
comb bound copies are not acceptable.
The RFP Signature Page should be printed, completed in its entirety, signed and included with Technical
documents. Note: Be sure to acknowledge any amendments issued, if applicable, in the box located
above the signature area.
Responses should be identified in the lower left corner as follows:
PROPOSAL RESPONSE, RFP # (INSERT #) - OPENING DATE: (INSERT DATE)
c) Mailing Address
All hard copy submissions are to be mailed to:
INSERT ADDRESS
d) Hand Delivery
If you are delivering your response in person, you must deliver to the LUG Hall no later than 2:00 P.M.
CST on (INSERT DATE).
e) Response Submission - ELECTRONIC SUBMISSION OPTION: Add information if available, if
not, delete.
f) Response Receipt/Opening: Responses received after the due date and time may be rejected.
Proposal responses will be opened and the name of the respondents read. However, details of each
proposal, including proposed fees, will not be announced at the time of opening. Such information shall
be made public after an award recommendation has been made and all negotiations are completed. All
proposals received in response to this request will become the property of the LUG and will not be
returned to the respondents.
Proposal Requirements, Page 3 of 4
8. INTERVIEWS
Interviews may be required of selected finalists at the respondent’s expense. However, an award
recommendation may be made without discussion with the respondents. Therefore, respondents are
cautioned that proposals should be submitted initially on the most favorable terms, from both a technical
and cost standpoint.
If an interview is required, the selected finalists will be notified of the date and time of the interview process
in accordance with the schedule on Page 1. Vendors selected must be available on the days noted – no
exceptions. Vendors not selected will also be notified.
Proposers not selected will be notified that their proposal will no longer be considered unless the evaluation
committee finds, after the completion of interviews, that additional proposers should be interviewed.
9. EVALUATION & AWARD RECOMMENDATIONS
Proposals will be evaluated in accordance with the criteria listed below. Award recommendations will be
made to the responsive, responsible Contractor who complies with the requirements and scores the highest
total on the evaluation criteria as it pertains to the overall needs of the LUG. The LUG will negotiate with
the firm which provided the highest rated proposal for the service requested.
Qualifications and Proposed Programs 30%
Cost 70%
10. OTHER CONSIDERATIONS
Factors which include, but are not limited to, quantity involved, time of completion, purpose for which
required, competency and financial capacity of vendor, ability to render satisfactory service and past
performance will be considered in determining status as a responsible vendor. The LUG reserves the right
to request additional information as may reasonably be required to make this determination and to further
investigate the qualifications of the respondent as deemed appropriate.
11. RESERVATIONS
This RFP does not commit the LUG to pay any costs incurred in the preparation of a response to this request
or to procure or contract for services. The LUG reserve the right to accept or reject any or all proposals
received as a result of this request, request additional information, waive minor irregularities in the
procedure, negotiate with any qualified source, or to cancel this RFP in part or in its entirety.
12. NON-INTEREST OF LUG EMPLOYEES AND OFFICIALS
No LUG official, employee or representative on the evaluation committee shall have any financial interest,
either direct or indirect, in the proposal or contract or shall exercise any undue influence in the awarding of
the contract.
13. RFP TABULATIONS
RFP tabulations are available to the public after contract execution, approximately 60-90 days from the date
of opening.
Proposal Requirements, Page 4 of 4
THIS PAGE INTENTIONALLY LEFT BLANK
TABLE OF CONTENTS
I. INTRODUCTION--------------------------------------------------------------------------------------------------------------------
a. Definitions-------------------------------------------------------------------------------------------------------------------
b. Reference Documents-----------------------------------------------------------------------------------------------------
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II. BACKGROUND---------------------------------------------------------------------------------------------------------------------- 3
III. OVERVIEW OF CURRENT OPERATIONS---------------------------------------------------------------------------------- 3
IV. GENERAL INFORMATION------------------------------------------------------------------------------------------------------
a. Automated Collection Service Preferred------------------------------------------------------------------------------
b. Single Sort Collection-----------------------------------------------------------------------------------------------------
c. Yard Waste Collection----------------------------------------------------------------------------------------------------
d. Provision of Collection Receptacles------------------------------------------------------------------------------------
e. Summary of Contract Terms--------------------------------------------------------------------------------------------
f. LUG Demographics Information: Service Area Growth---------------------------------------------------
g. Vendor Agreement--------------------------------------------------------------------------------------------------------
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V. BUSINESS ASPECTS OF PROCUREMENT---------------------------------------------------------------------------------
a. Exclusive Service----------------------------------------------------------------------------------------------------------
b. Mandatory Service--------------------------------------------------------------------------------------------------------
c. Amortization of Equipment---------------------------------------------------------------------------------------------
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VI. PROCUREMENT GOALS-------------------------------------------------------------------------------------------------------- 4
VII. SCOPE OF SERVICES-------------------------------------------------------------------------------------------------------------
a. Transition Plan-------------------------------------------------------------------------------------------------------------
b. Commencement of Services----------------------------------------------------------------------------------------------
c. Bulky Item Disposal-------------------------------------------------------------------------------------------------------
d. Collection at LUG Buildings and Designated Sites-----------------------------------------------------------
e. Service Days and Hours---------------------------------------------------------------------------------------------------
f. Routing-----------------------------------------------------------------------------------------------------------------------
g. Automated Collection Receptacle Provisions-------------------------------------------------------------------------
h. Special Receptacle Roll Out Service------------------------------------------------------------------------------------
i. Special Allowances for Collection in Alleys and Tight Spaces-----------------------------------------------------
j. Emergency Services--------------------------------------------------------------------------------------------------------
k. Missed Pickups and Other Complaints--------------------------------------------------------------------------------
l. Service Fees------------------------------------------------------------------------------------------------------------------
m. Refuse Collection-----------------------------------------------------------------------------------------------------------
n. Refuse Disposal-------------------------------------------------------------------------------------------------------------
o. Recyclable Collection and Transportation----------------------------------------------------------------------------
p. Transport of Recyclables-------------------------------------------------------------------------------------------------
q. Yard Waste Collection----------------------------------------------------------------------------------------------------
r. Reporting and Record Keeping-----------------------------------------------------------------------------------------
s. Vehicles, Drivers and Equipment--------------------------------------------------------------------------------------
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VIII. CONTRACT TERM----------------------------------------------------------------------------------------------------------------- 13
IX. PRICING – ANNUAL SERVICE FEE ADJUSTMENT--------------------------------------------------------------------- 13
X. OSHA REQUIREMENTS---------------------------------------------------------------------------------------------------------- 14
XI. SAFETY TO THE PUBLIC-------------------------------------------------------------------------------------------------------- 14
XII. OTHER--------------------------------------------------------------------------------------------------------------------------------- 14
XIII. FINANCIAL ASSURANCE-------------------------------------------------------------------------------------------------------- 15
XIV. INSURANCE------------------------------------------------------------------------------------------------------------------------- 16
XV. PROPOSAL SECURITY----------------------------------------------------------------------------------------------------------- 16
XVI. PROPOSAL CHECKLIST--------------------------------------------------------------------------------------------------------- 17
REQUEST FOR PROPOSAL #
LUG REFUSE, RECYCLING AND YARD WASTE COLLECTION
I. INTRODUCTION
The purpose of this Request for Proposal (RFP) is to provide Refuse, Recycling and Yard Waste Collection
for Residential and LUG Sites (Collection Services) for (INSERT LUG) requesting proposals for exclusive
solid waste management and recycling collection services.
a) Definitions
Specific to this RFP and Proposal document the following definitions shall apply:
Term Definition
Automated Receptacles are lifted, emptied and returned by mechanical means.
Bulky Item items generated at residential premises and discarded at residential Set-out Sites, with
no one item exceeding 50 pounds in weight: furniture, including metal desks,
mattresses and storage cabinets, tied rolls of carpeting meeting the following
requirements: not larger than 6 inches in diameter and 4 feet in length, sinks, concrete
laundry tubs, and cast iron plumbing fixtures, windows and doors, large toys, bicycles,
dismantled swing sets, up to 5 securely tied bundles of lumber per Customer each
month, meeting the following requirements: not larger than 18 inches in diameter and
4 feet in length that are free of nails or with nails bent over from construction projects,
including garages and sheds, lawn mowers and snow blowers with no gas or oil in
them, any item (other than lumber) that can be cut or broken down meeting the
following requirements: no longer than 6 feet in length.
Contractor Awarded Vendor for any or all refuse, recycling and yard waste collection
County Waukesha County
Elderly or Handicapped Means any Residential Customer who meets the following criteria: has handicapped
status recognized by the Wisconsin Department of Motor Vehicles, or is over 65 years
old as evidenced by birth date on driver’s licenses, birth certificates, passports, green
cards, or other documentation issued by a regulatory authority, and provides written
representation that he or she is functionally unable to roll his or her refuse receptacle to
the curb, and that there is no one else residing in that customer’s premises who is
functionally able to roll that refuse receptacle to the curb.
LUG [Insert name of LUG]
Proposer/Respondent Vendor responding to this RFP
Receptacles Any can, cart, bin, or other container (such as bags) for storing discarded refuse or
recyclables.
Recyclables Means ferrous metal cans (including steel and bi-metals), aluminum containers, glass,
PET and HDPE bottles and containers (grades 1 and 7) , mixed plastics (grades 2, 4,
5), rigid plastics, aseptic and gable top containers, newsprint, phone books, corrugated
paper, magazines and catalogs, office paper, junk mail, mixed residential paper
(including boxboard), as amended from time to time by statute.
Residential Means those in single-family dwelling units, owner occupied multi-family dwelling
units and multi-family rental or leased dwelling units with 4 or less dwelling units per
building who receive Solid Waste Collection service from the LUG under this
Contract.
Semi-automated Receptacles are rolled out from set-out location manually and positioned near
collection vehicle; lifted, emptied, and set down mechanically, then rolled back to set-
out location.
Manual Receptacles are manually emptied from set-out site location.
Valley MRF Joint Waukesha County and City of Milwaukee recycling facility located at 1401 West
Mt. Vernon Ave. Milwaukee, WI (County designated facility)
RFP # Page 2 of 17
b) Reference Documents
The following documents are referenced throughout the RFP and have been posted on the LUG website
with this solicitation. Only Appendix A must be returned with the proposal. The Financial Proposal
Forms MUST be submitted in a separate sealed envelope clearly marked FINANCIAL PROPOSAL.
Appendices
Appendix A Waukesha County Recycling Facility Delivery Protocol
Appendix B Sample Contract
Technical Proposal Documents and Forms
Form 1 Vendor Response
Form 2 Letter of Intent from Qualified Financial Institution
Form 3 Signature Page
Financial Proposal Forms
Form 1A Service Cost Form
Form 2A Group Discount Form
II. BACKGROUND
INSERT LUG
Insert LUG statistics (total households, historical tons for recycling, refuse and yard waste, total population,
growth rate, etc…) and information on previous recycling program and intent to seek additional information
through this RFP on joining the County program (consider including the information provided below).
Waukesha County
The County is Responsible Unit (RU) for recycling for 25 LUG under Section 287.09 Wisconsin Statutes
and receives state grant funding. Population served is about 278,000, or 71% of the total county. As the
RU, the County provides an “effective recycling program” including coordination of recycling education,
processing and marketing of recyclables, completion of required state reports, collection of recyclables from
drop off sites, and planning and monitoring of the program. The County requires all partners to deliver
residential recyclables to a County Designated recycling facility, the Valley MRF.
The LUG is evaluating the feasibility of consolidating into the County recycling program. To aid in
this evaluation, this RFP is requesting separate pricing for collection and delivery of residential
recyclables to the County designated facility or the Contractor’s facility.
III. OVERVIEW OF CURRENT OPERATIONS
• Refuse and Recycling are both collected on the same day every week.
• Current recycling pick up is (INSERT SINGLE OR DUAL SORT)
• LUG has (INSERT AUTOMATED OR MANUAL) for refuse and recycling.
• INSERT INFORMATION ON CONTAINERS – leased from vendor or LUG owned
• INSERT YARD WASTE COLLECTION SCHEDULE
IV. GENERAL INFORMATION
a) Automated Collection Service Preferred
The LUG prefers an automated curbside collection service.
b) Single Sort Recycling Collection
The LUG prefers a single sort recycling service with all recyclables commingled in one larger
container. The LUG is also considering consolidation into the County recycling program therefore;
Contractors are required to provide separate pricing for collection and delivery of residential
recyclables to the County designated facility or the Contractor’s facility.
RFP # Page 3 of 17
c) Yard Waste Collection
d) Provision of Collection Receptacles
The LUG is requesting separate costs for leasing collection receptacles for both refuse and recycling
to be provided by the Contractor.
e) Summary of Contract Terms
The term of the contract shall be seven (7) years with one (1) two-year renewable option. If, in the
opinion of the Proposal Evaluation Committee, none of the proposals will achieve the stated goals
of this procurement, a shorter contract term may be recommended.
f) LUG Demographics Information: Service Area Growth
The LUG make no representations or projections about future household growth rates. The
Proposers can find further geographic, demographic, economic and political information in the
Comprehensive Development Plan for Waukesha County at
http://www.waukeshacounty.gov/defaultwc.aspx?id=39492.
g) Vendor Agreement
Vendor certifies and agrees that all of the prices, terms, warranties and benefits granted herein are
comparable to or better than those offered by Vendor to other State and Local Government
customers contracting under the same material terms and conditions. As used herein, material terms
and conditions include those terms related to the execution of the resulting contract for services
procured under this RFP and any related pricing.
V. BUSINESS ASPECTS OF PROCUREMENT
a) Exclusive Service (No Open Market Competition for Residential Units)
Under the proposed contracts, the LUG agrees that it will not contract with any other hauler for the
procured MSW service during the term of the contract. The selected service provider will have
exclusive rights to provide the contract service.
b) Mandatory Service (Not Subscription)
All LUG will pay their MSW contractor’s service fees for contracted monthly service directly.
Contractors are compensated for each resident’s basic service regardless of whether the resident
uses contractor’s service or self-hauls. The LUG’s combined population is (INSERT
POPULATION) with approximately (INSERT HH) households.
c) Amortization of Equipment
To minimize risk to the proposers, the term of the contract has been adjusted to coincide with
standard fleet capital amortization schedules: seven-year (7) base contract term with one (1) two-
year (2) renewable option. The LUG reserve the right to reduce the term of the contract if the
proposals do not meet the expected level of automation or service.
VI. PROCUREMENT GOALS
The specific goals of this procurement effort include:
1. Improve pricing by securing the lowest rates for the best services
2. Improve LUG recycling rates.
3. Improve reporting and record keeping.
4. Obtain transparent pricing and simplify annual fee adjustments.
5. Obtain pricing on consolidation
RFP # Page 4 of 17
VII. SCOPE OF SERVICES
a) Customer Education.
The Contractor shall cooperate with the LUG to implement the new contract.
i. Contractor Transition. Contractor acknowledges that it is of the utmost importance to LUG
that the transition from solid waste services provided before the Contract execution date to new
Contract services will proceed smoothly to the satisfaction of customers, including the following:
a) Timely collection at each customer’s premise,
b) accurate billing of customers for customer special service surcharges,
c) distributing refuse and recycling receptacles, as applicable,
d) changing pickup days or times,
e) changing the scope of services or program specifications, and
f) responding to customer complaints and inquires.
ii. Transition Plan Contents. Contractor shall prepare and implement a Contractor transition and
customer satisfaction plan satisfactory to the LUG, including, but not limited to:
a) Key implementation dates, including the Contract service commencement date,
b) identification of any receptacle purchase commitment and delivery schedule,
c) LUG outreach and LUG relations plan including customer notice,
d) customer service plans,
e) plans for billing customer special service surcharges,
f) collection routing and schedules,
g) delivery of recyclable materials to designated facility
h) reporting plans,
i) coordination plans, and
j) transition staffing and training plans
k) costs (in the pricing document ONLY).
b) Commencement of Services
January 1, 2016. The LUG reserves the right to negotiate a contract transition earlier than expiration of
current contract, based on proposal pricing, if there is no change in Contractor for services.
c) Bulky Item Disposal
The LUG is requesting a separate fee schedule and a flat rate for the collection and disposal of bulky
items. Include the flat rate in Service Cost Form 1A and attach a fee schedule with pricing documents.
d) Collection at LUG Buildings and Designated Sites
i. Beginning on the service commencement date, Contractor shall collect all refuse and recyclables
placed inside receptacles at a set-out site located at LUG buildings or facilities (such as the city,
town, or village hall, the fire station, or police office) in the service area as scheduled through
mutual agreement, without charge to the LUG (details provided on Service Cost Form 1-A of the
pricing documents). Contractor shall provide LUG with receptacles in sufficient number and
capacity to contain refuse and recyclables.
ii. The recyclables collected from the various LUG service receptacles in each of the LUG would
not be required to be delivered to the Valley MRF under recycling program consolidation.
However, it is an option to transport these recyclables to the Valley MRF or provide the LUG a
rebate on these recyclables.
iii. Within the first year of the Contract term, Contractor shall conduct a receptacle audit to assess
whether the receptacles are sufficient in capacity to hold the volume of material being discarded.
Contractor shall communicate findings of the audit to the LUG representative, and propose
appropriately sized receptacles as necessary.
RFP # Page 5 of 17
e) Service Days and Hours
i. Regular Schedule.
Contractor shall provide collection on service days during collection hours.
ii. Holiday Schedule.
Contractor shall provide collection scheduled for a holiday on the weekday or Saturday
immediately following the holiday. Following a holiday, Contractor shall provide collection
scheduled for the remaining days in the week one day later than scheduled.
iii. Changed Schedule.
Contractor may not change a regularly scheduled collection day without LUG approval. If
approved, the Contractor shall notify each customer of any change in that customer’s regularly
scheduled collection day (except for Holiday schedule) or days in writing by first class mail at
least 2 weeks prior to the change. Exceptions may apply with severe and/or extreme weather
events that prevent the Contractor for performing services.
iv. Collection Service Exceptions.
Contractor is not obligated to collect solid waste in the event of any service exception, but must
complete and leave a non-collection notice securely attached to a receptacle at or near the set-out
site.
a) Exceptions include solid waste that is not properly placed in receptacle, unpermitted
waste (such as hazardous waste), or contamination of recyclable or yard waste not in
compliance with collection services and applicable State laws.
b) In its next monthly report, Contractor shall inform LUG of each customer to which
Contractor gave a non-collection notice.
v. Customer Service.
Contractor acknowledges the need to provide high quality customer service, relations, and
satisfaction. The Contractor shall provide a toll-free number, emergency number and email
access with trained customer service representatives to resolve LUG and customer issues.
f) Routing
i. Route maps and sheets
a. Prior to Contract Service Commencement Date
No later than 45 days prior to a Contract service commencement date, Contractor shall
provide LUG with route maps (hard copy and GIS files) and sheets for each collection route,
including the following information:
• Beginning and ending points for each route, with route marked on a map;
• aggregate number of customers on each route, type and capacity of collection vehicle,
assigned number of workers for each route, and worker’s shift hours;
• date and approximate time (morning or afternoon) of pickups; addresses of each
customer’s premise.
LUG may provide written comments on proposed route maps and sheets to Contractor no later
than 10 business days thereafter. Within 10 days after receipt of any comment from LUG,
Contractor shall promptly revise the maps, schedules, and route sheets to reflect the comments
and return them to LUG for corroboration and approval.
b. Route changes with LUG Consent
• Contractor shall submit to LUG, in writing, any proposed change in collection route maps
not less than 60 days prior to Contractor’s proposed date of the change.
• Upon LUG comments and mutual agreement Contractor shall implement changes
following 2 weeks’ notice, sent by Contractor, to affected customers so that no customer
is left without collection for more than 6 days.
ii. Route Audits
LUG may conduct audits of Contractor's collection routes. Contractor shall cooperate with LUG on
route audits, including permitting LUG employees or other persons designated by LUG to follow the
RFP # Page 6 of 17
collection vehicles during the audit. Contractor will have no responsibility or liability for the salary,
wages, benefits, or worker's compensation claims of any person designated by LUG to conduct
audits.
iii. Commingling with Other LUG Refuse and/or Recyclables
If Contractor commingles refuse or recyclables (from the service area) with refuse or recyclables
(from other jurisdictions) on any collection route, Contractor shall provide LUG with a protocol
satisfactory to LUG to accurately account for tonnage (or volume) attributable to the LUG’s
jurisdiction and provide accurate reporting to the County as the RU.
g) Automated Collection Receptacle Provisions
Automated collection is the preferred level of service and these are basic performance specifications
with respect to receptacles:
i. Receptacle Specifications
At the LUG’s option, contractor must provide new 64/65 gallon wheeled receptacles that are
compatible with automated refuse collection and 95/96 gallon wheeled receptacle for automated
recycling collection. They must be made from high density plastics containing post-consumer
recycled content and be recyclable with recessed wheels and hinged covers. Receptacles must
contain prescribed labeling (labeling determined by LUG), including any hazardous waste
disposal prohibitions along with the education materials from the County recycling program
(only if consolidated). The receptacles shall be from a major U.S. manufacturer, designed for
both U.S. industry standard, semi- and fully-automated collection equipment, and carry a 10-year
warranty.
a. Minimum wall thickness for receptacles must be:
95 gallon receptacle - .175 inches, .185 inches in critical wear areas
65 gallon receptacle - .175 inches, .185 inches in critical wear areas
32 gallon round bin - .120 inches
b. Minimum Resin Weight (not assembled):
95 gallon receptacle - 34 pounds
65 gallon receptacle - 27.5 pounds
32 gallon round bin- 9.6 pounds
c. If automated services cannot be provided, the Contractor is encouraged to complete a
proposal with receptacle specifications and costs for the services that can be provided.
The Contractor should also include rationale for inability to provide automated service.
d. Contractor shall provide the LUG with a either a copy of Contract service asset
documents related to receptacle acquisition and a receptacle inventory as part of
Contactor documentation, or alternatively, access to a computerized asset management
system. This information shall be provided promptly upon receptacle acquisition and
thereafter promptly at LUG request. Contractor shall also update the Contract service
asset documents and receptacle inventory in each annual report.
ii. Repair or Replacement
Repair or replacement of lost or damaged Receptacle(s). Following a customer’s written request
for repair of a damaged receptacle, Contractor shall repair the damaged receptacle or exchange it
for an operative receptacle, remove and/or deliver a replacement receptacle, or repair a damaged
receptacle, to that customer’s set-out site on that customer's next regularly scheduled collection
day without charge unless there is proven customer negligence.
iii. New Households
The Contractor shall also purchase and deliver new refuse and recycling receptacle(s) for new
households during the term of the contract and extensions.
iv. Contractor Removal of Receptacles
If Contractor provides collection with receptacles, and if the LUG does not exercise its option to
acquire any or all receptacles, then upon expiration or termination of this collection contract,
RFP # Page 7 of 17
Contractor shall remove receptacles at the following times: after replacement receptacles are
provided to the customer's premises, or at the time directed by LUG.
v. Ownership
If the LUG does select the lease to own option, the Contractor, within 5 business days of
termination or expiration, shall transfer ownership of any or all refuse and/or recycling
receptacles, as directed by the LUG.
h) Special Receptacle Roll Out Service
At customer request, Contractor shall provide roll-out service for refuse and recycling receptacles.
i. Without surcharge. Contractor shall provide roll-out service without surcharge to the
following individuals:
• Elderly or handicapped (as defined)
• Residential customer directed by the LUG who may not meet the criteria in preceding
item, but who demonstrates to the LUG similar physical hardship.
ii. With surcharge. Contractor shall provide roll-out service to any customer who does not meet
the preceding listed criteria for the customer special service surcharge listed on the
Contractor service fee schedule.
i) Special Allowances for Collection in Alleys and Tight Spaces
Contractor must be able to make special allowances for collection of receptacles in alleys and other tight
spaces which may not accommodate full-size automated collection vehicles (side loading vehicles).
Satellite collection vehicles, such as pickup trucks or scooters may be required to maneuver along these
routes. The LUG specification sheets in Appendix B may identify these special areas but it is the
responsibility of the Contractor to determine all the LUG needs for its proposal.
j) Emergency Services
i. Nature of Emergency Services.
Within 24 hours of receipt of electronic notification by the LUG, followed as soon as practicable
by written notice, Contractor shall propose a plan, in writing, to provide emergency services
beyond the scope of the Contracted services at the times and the extent agreed by the LUG,
including providing drivers, vehicles, and other equipment and personnel to cleanup solid waste
and other debris resulting from natural disasters such as earthquakes, storms, tornadoes, floods,
riots, and civil disturbances, for which Contractor shall be reimbursed by the LUG. Contractor
shall use reasonable business efforts to commence implementing the approved plan as soon as
possible, but no later than 72 hours following the oral notice (or longer time as allowed by
LUG).
ii. Reporting.
Contractor shall cooperate with LUG, the State, and Federal officials in filing information related
to a regional, state, or federal declared state of emergency or disaster as to which Contractor has
provided services under this section.
iii. Emergency Backup Service Plan.
As of the Contract service commencement date, Contractor shall file with LUG an emergency
backup service plan. Contractor shall implement that plan if, due to uncontrollable
circumstances or for any reason whatsoever, Contractor fails, refuses, or is unable for a period of
48 hours to collect and/or at any time to transport solid waste or debris, or any portion thereof to
a licensed disposal facility, and the LUG determines there is a danger to public health, safety, or
welfare.
k) Missed Pickups and Other Complaints.
i. Corrective action. Absent collection service exceptions, on the next service day following
notice to Contractor, Contractor shall collect, without charge, any receptacle and/or the contents
therein that the Contractor should have collected, delivered, exchanged, or repaired but did not
RFP # Page 8 of 17
collect, deliver, exchange, or repair. If Contractor does not provide a Contract service in a timely
manner, LUG may provide the Contract service itself or through a third party and Contractor
shall reimburse the LUG’s costs thereof.
ii. Other Complaints. Contractor shall respond to all customer inquiries and complaints (including
any inquiry or complaint left with the telephone answering service) within 24 hours following
notice to Contractor and handle complaints substantially as required by the customer complaint
and billing dispute protocol attached as Contractor documentation.
iii. No referral to LUG. Contractor shall not refer or forward customers to LUG for resolution of
complaints or answers to inquiries unless customer insists, in which event Contractor shall refer
customers to the LUG representative.
iv. Employee Training. Contractor shall train its customer service employees to follow the
customer complaint and billing dispute protocol upon starting work and periodically thereafter.
v. Records. Contractor shall maintain a daily electronic log of every inquiry and complaint
received by Contractor, including: date and time of inquiry or complaint, inquirer’s or
complainant’s name and address (if the individual is willing to give this information), description
of the inquiry or complaint, date and description of response taken or the reason for non-
response, and answer to inquiry or resolution of complaint.
l) Service Fees
i. Contractor’s compensation (service fees) v. customer charges (LUG-set rates). Each LUG shall
pay contractor the aggregate monthly service fee based on proposed fees, which will be
scheduled in the Contract(s). Each LUG will covenant to charge rates (whether through tax
assessments or utility bills), together with other available amounts, sufficient to pay the service
fees. But each LUG reserves the right to establish a higher level of customer rates, such as rates
that include contract administration charges or other surcharges.
ii. Additional Services billing and rate collection. The Contractor shall take customers’ orders
for special service (request by individual residents for roll-out/up-the-drive service,); bill them,
and collect payment.
m) Refuse Collection
i. Mandatory Residential Collection. Beginning on the service commencement date, Contractor
shall collect all refuse placed inside receptacles at a residential set-out site in the Contract service
area weekly, on the regularly scheduled collection day for that set-out site.
ii. Curbside Automated Collection (weekly)
a) Contractor-provided 64 gallon receptacle at curb or alley.
b) Roll-out service for elderly or handicapped residents.
c) Consistent pricing for disposal costs for all Waukesha County LUG.
iii. Collection Receptacles
a) Prior to the service commencement date, Contractor shall deliver receptacles to
residential locations in accordance with its pre-approved Transition Plan. Unless
otherwise agreed in the Contract, 64/65 gallon receptacles shall be provided for refuse,
and 95/96 gallon receptacles shall be provided for recyclables.
b) The monthly fee for provision of receptacles must be identified separately from collection
fees.
iv. Inadvertent Collection and Delivery of Unpermitted Waste. If Contractor inadvertently
collects and/or delivers unpermitted waste to a solid waste management or recycling facility and
Contractor cannot identify or fails to remove it, Contractor shall arrange for its proper handling
and disposal as required by Applicable Law and cooperate with the solid waste management and
or recycling facility owners or operators with respect to proper handling and disposal.
Contractor releases LUG from obligation or liability to Contractor for those costs of disposal.
Promptly upon LUG request, Contractor shall reimburse LUG for LUG’s reimbursement costs of
handling unpermitted waste if Contractor does not do so. The Contractor shall have an
RFP # Page 9 of 17
Unpermitted Waste protocol in place.
v. Diversion Program
Contractor shall use reasonable business efforts to divert all bulky item materials that it collects
to appropriate recycling outlets. Contractor shall transport and deliver bulky items and excess
refuse that cannot be diverted to a recycling facility to a licensed disposal facility.
vi. Bulky Item and Appliances Collection
a) On-call bulky item curbside collection, weekly (set-outs called in by customer or driver).
b) LUG may opt for single customer charge billed by LUG, or fee schedule to be billed
directly to the resident. Refer to Cost Form 1A for individual LUG preference.
vii. Weekly Bulky Item Collection Route
Contractor must pick up any bulky item discarded at residential curbs weekly, on the Customer’s
regularly scheduled refuse collection day. Refuse truck drivers must notify the dispatcher of
bulky item discard they observe on refuse routes, and Customers (or LUG) can call in advance to
advise of a discard. The bulky item truck driver must also pick up any other bulky items
discarded at residential curbside set out that he or she observes on the bulky item route.
n) Refuse Disposal
The disposal contractor must accept all waste delivered by the LUG’ Contractor during the term of the
disposal contract, bill and collect payment from the refuse contractor, and provide the County and each
LUG with records of disposed refuse. The LUG do not guaranty any specific tonnage of refuse.
i. Contract Disposal Facility. Contractor shall transport and deliver all refuse that it collects to the
licensed solid waste disposal facility(s). Contractor shall coordinate that delivery with collection
schedules for holidays. The Contractor must also provide, with this proposal, an affidavit
certifying that they have access to sufficient landfill capacity to serve the LUG(s) for the entire
term of the contract, including the option periods.
ii. Compliance and Cooperation. Contractor shall comply with all rules in effect at the licensed
disposal facility, and if facility(s) is not owned by the Contractor, cooperate with the disposal
facility operator, including: following directions to unload collection vehicles in designated areas,
comply with all the facility’s operating rules, and complying with unpermitted waste exclusion
programs.
iii. Transfer stations. Contractor may deliver refuse to a transfer station (whether its own or another
entity) if refuse is subsequently transferred, transported, and delivered to the identified licensed
disposal facility(s).
iv. Disposal Fees. Contractor shall pay disposal costs without surcharge. To provide transparency to
the pricing structure the LUG is requesting a separate cost per ton fee for landfill disposal on the
Service Cost Form 1A, cost item A.2.
o) Recyclable Collection and Transportation
i. Curbside Automated Collection (Every Other Week)
a) Same day service as refuse collection.
b) Set out at curb or alley.
c) Roll-out service for elderly or handicapped residents.
d) Separate pricing for hauling to County designated MRF or Contractor designated MRF.
ii. Collection Receptacles
a) 95/96 gallon wheeled receptacles shall be provided by the Contractor for all automated
collection.
b) If manual collection is proposed, the contractor shall provide 32 gallon receptacles, as
specified by the individual LUG.
c) The monthly fee for provision of receptacles must be identified separately from
collection fees.
iii. Single Stream Collection
RFP # Page 10 of 17
Contractor must collect Single Stream Recyclables, unless otherwise specified, for delivery to
County designated MRF or Contractor designated MRF.
v. Prohibition on Mixing Solid Waste and Recyclables
Contactor may not, at any time, mix LUG solid waste and recyclables.
p) Transport of Recyclables
Contractor shall transport recyclables to either the County designated MRF or Contractor designated
MRF as directed by the LUG. Contractor shall not dispose of any recyclables without prior LUG
permission. Contractor shall comply with the County delivery protocol for all sites (only under
consolidation).
q) Yard Waste Collection
i. Delivery. Contractor shall comply with the current delivery and truck scale protocol and any
other rules established from time to time at the composting facility and with the directions of the
facility’s operator.
ii. Fees.
iii. Accepted Materials.
a) Yard Waste such as grass clipping, leaves, yard and garden debris and brush, including
woody vegetative material no greater than 6 inches in diameter, and no longer than 6
foot in length, excluding stumps, roots, or shrubs with intact root balls.
b) Wood wastes include brush, branches, and tree trimmings larger than 6 inches in
diameter are accepted but will be charged a different rate to be paid by LUG.
c) The site operator has the right to reject wastes if the load is contaminated with
unacceptable waste materials. The site operator is not required to test the yard waste for
hazardous chemicals prior to rejection of a load. The presence of hazardous waste
receptacles, or unusual chemicals or colors in the yard waste, may be deemed sufficient
justification to reject the load at the discretion of the site manager or operator. The
Contractor delivering the rejected load is responsible for all removal and disposal costs.
r) Reporting and Record Keeping
Contractors must maintain operational and fiscal records and prepare reports as requested by LUG.
i. Consistent Reporting. The LUG recognizes that for the sake of efficiency and route
optimization, certain collection routes may be split between two or more LUG. It is expected
that in these cases, the haulers reports shall reflect a pro-rated allocation of tonnage between the
two LUGs. Under consolidation only, the Contractor would be required to provide the same
collection and disposal data to the County that is reported to the LUG.
ii. Timely Communication. The Contractor must communicate changes in all routes, to the
affected LUG on a timely basis to assure that the appropriate changes in record keeping can be
made and tracked. It is assumed that the Contractors will use some form of automated route
planning. Providing the LUG with all issued routing assignment sheets would suffice to meet the
timely communication requirement.
iii. Reporting Requirements. The LUG is the authorized Responsible Unit (RU) for recycling
under Section 287.09 Wisconsin Statutes, and as such receives state grant funding. Per this
statutory authorization, the LUG must comply with the requirements of Wis. Administrative
Codes NR502.06 (4) (g) and NR544.16 (1) (f), pertaining to record keeping and reporting. The
RU requires the hauler to complete reporting forms annually to expedite compliance with the
applicable state regulations. The Proposers shall make the appropriate allowances in their
proposal to provide these reports on a monthly and annual basis. The RU reserves the right to
change or modify the forms as required to comply with the State regulations and applicable audit
RFP # Page 11 of 17
standards. For the purposes of this RFP, these specific provisions are included in as part of the
Contractors obligation to comply with Applicable Law.
iv. Record Keeping. The Contractor shall maintain copies of all hauling recording relevant to this
Contract, either in paper or electronic format, according to the LUG records retention policy or at
least two (2) years beyond the expiration of the Contract, or any longer period required by
applicable law. If at any time, these records are lost, damaged or otherwise compromised, the
Contractor shall provide immediate notice to the LUG.
s) Vehicles, Drivers and Equipment
i. Vehicles used must comply with all Wisconsin Department of Transportation and LUG requirements
(such as to properly contain materials).
ii. Specifications. Contractor shall acquire collection vehicles of the manufacturer, model, type, and
description detailed on the inventory list attached as Contractor documentation, meeting the
following specifications:
a) The bodies of any vehicle used in collection pick-ups or transportation of solid waste
must have watertight beds of metal or impervious material that can be cleaned.
b) Vehicles used in collection pick-ups must be packer-type, completely enclosed vehicles
unless other type of vehicles are required by terrain or type of solid waste to be hauled,
except for manual services, which may be smaller vehicles without compaction or
enclosure.
iii. Noise. The noise level generated by collection vehicles using compaction mechanisms during the
stationary compaction process shall not exceed 75 decibels at a distance of 25 feet from the
vehicle measured at an elevation of 5 feet above ground level using the “A” scale of a standard
sound level meter at slow response, or Applicable Law, whichever is more stringent.
iv. Vehicle Identification. On the left, right, and rear of each vehicle, in letters and numbers not less
than 3 inches high and colors that contrast with the color of the body of the vehicle, Contractor
shall display the following information; company name, toll-free telephone number, and vehicle
number.
v. Vehicle Repair and Maintenance.
a) Safety. Contractor shall maintain all vehicles in good repair so that they operate properly
and safely. LUG may inspect vehicles during Contractor office hours.
b) Appearance. Contractor acknowledges that it is important to LUG that Contractor
presents a professional and pleasing image.
vi. Spare Vehicles. Contractor shall maintain in readiness at least one spare collection vehicle, fueled,
and ready to dispatch and replace any collection vehicle which breaks down on route within
reasonable time of a break down. Customers on that route shall receive Contract service before
8:00 p.m. that same day.
vii. Driver training. Contractor shall provide operational and safety training for all of its personnel,
including those who drive collection vehicles or operate other collection equipment, such
training shall include live, on-the-job-training by supervisors. Contractor shall train its drivers to
identify unpermitted waste and comply with the unpermitted waste screening protocol.
viii. Route/Field Supervisor. During collection, Contractor shall maintain on duty a site supervisor of
field operations responsible for ensuring compliance with this Contract, including; observing
collection operations, identifying and correcting non-compliance with performance
specifications and responding to and resolving customer complaints. Contractor shall equip
supervisor with a vehicle and equip that vehicle and each Collection Vehicle with 2-way radio or
cell phones.
ix. Non-standard equipment. Proposers must identify all equipment proposed to service these
contracts and identify the equipment that is customized or non-standard. Any special costs
associated with the use of non-standard equipment must also be identified in the proposal, along
with a justification for the use of non-standard equipment.
RFP # Page 12 of 17
VIII. CONTRACT TERM
The term of the contract shall be for seven (7) years and one (1) two (2) year renewable option.
Commencement of services is based on expiration of current contracts and does vary by LUG.
Continuation beyond December 31 of any year is contingent upon appropriation of funds by the
LUG.
a) Renegotiation
The contract, or any part thereof, may be renegotiated or amended in the event of:
• changes required by law, regulations, or court action, or
• changes in fiscal funding available affecting the substance of the contract/service.
• The contract, or any part thereof, may only be renegotiated or amended in the unexpected
event of material increases or decreases in volume of services.
IX. PRICING - ANNUAL SERVICE FEE ADJUSTMENT
a) Effective Date of Price Adjustment
Pricing must be firm for the first 19 months of the contract. Beginning on August 1, 2017 the
Contractors service fees may be adjusted annually based on changes to the Consumer Price Index (CPI)
and/or published fuel price indices based on weighted percentages provided in proposals.
b) Applicable Cost Components.
Each proposal must include a maximum annual rate adjustment. Please understand that the maximum
annual rate adjustment may be used by the LUG for annual budget planning. In addition, for the
purposes of the proposal evaluation, the maximum rate increase will be used to project the life-of-
contract costs associated with each proposal. There will be no provisions allowed for minimum annual
rate increases. The annual service fee adjustment will apply only to that portion of the total fee
associated with collection, transportation, and disposal of materials. The annual service fee adjustment
will not apply to the State mandated landfill disposal surcharge or monthly charges related to the
provision of receptacles.
c) Annual Rate Adjustment.
The actual annual rate adjustment will be calculated as described below, but shall not exceed the
maximum annual rate adjustment as provided by the Contract’s proposal. Should the published CPI be
more than two (2) percent (%) greater than the Contractor’s proposed maximum annual rate adjustment
for eighteen (18) consecutive months, the Contractor can request an adjustment to the maximum annual
rate adjustment. Only one adjustment to the maximum annual rate adjustment will be allowed during
the term of the Contract.
d) Calculation of Annual Rate Adjustment.
The method used to calculate the annual rate adjustment will depend whether the Contractor is utilizing
a diesel-fueled fleet of trucks, or a compressed natural gas fueled (CNG) fleet. If during the term of the
Contract, the Contractor converts his fleet fuel, the method of calculating the annual rate adjustment
will be changed on August 1st of the year following the conversion.
i. Diesel Fueled Fleets.
The annual rate adjustment will be a blended calculation comprised of the changes in the CPI
and fuel cost indices over the prior year, and computed as follows:
ARA = ((CPI * X) + (FPI* Y))
Where:
CPI = Annual Consumer Price Index Adjustment
CPI = ((CPI2 – CPI1)/CPI1)
RFP # Page 13 of 17
CPI1 = published CPI-U for the first half of the prior year
CPI2 = published CPI-U for the first half of the current year
CPI-U = Consumer Price Index for the Milwaukee-Racine Metro Area, All Items, All
Urban Wage Earners and Clerical Workers, published by the US Department of Labor,
Department of Labor Statistics. http://www.bls.gov/ro5/cpimilw.htm
FPI = Annual Fuel Adjustment - Diesel Fuel Only
FPId = Fuel Price Index for Diesel Fuel*
FPI = ((FPI d 2 – FPI d 1)/FPI d 1)
FPId 1= average published monthly diesel price from July-June of prior year
FPId 2= average published monthly diesel price from July-June of the most current 12
months.
*The FPI d shall be based on the Diesel Fuel Price Index for Midwest (PADD 2) No. 2
Diesel Ultra Low Sulfur (0-15ppm) Retail Prices (Cents per Gallon) published indices,
from the U.S. Department of Energy, Energy Information Administration.
http://www.eia.gov/dnav/pet/pet_pri_gnd_dcus_r20_m.htm
e) Compressed Natural Gas (CNG) Fueled Fleet
Should the Contractor convert an existing diesel fuel fleet to CNG during the term of the contract, the
annual fee adjustment basis shall be changed for the year following the fleet conversion, from the
weighted percentage scheme to the straight CPI adjustment formula, for the year following the fleet
conversion. It is the Contractor’s responsibility to provide the LUG notice of such changes in the fleet.
Note that the LUG is not indicating a preference regarding choice of fleet fuel. The decision to use
diesel fueled vehicles or CNG fueled vehicles is entirely the choice of the Proposer. All associated
consequences, ramifications, and benefits of that selection are the responsibility of the Proposer.
i. The annual rate adjustment will be solely a function of the change in the CPI over the prior
year.
X. OSHA REQUIREMENTS
All services shall satisfactorily comply with applicable OSHA regulations in effect at the time the
service is performed.
XI. SAFETY OF THE PUBLIC
The Contractor shall be responsible at all times for the safety of the general public and for the protection
of persons who may for any reason enter within the limits of their work and shall comply with all the
laws of the State of Wisconsin and the United States and with all valid rules and regulations now in
force or hereafter adopted pursuant thereto.
XII. OTHER
a) A proposal may include subcontracting arrangements; however all partners or subcontractors must be
identified in the proposal response. If partners or subcontractors are used, the LUG will consider the
proposing vendor to be the Prime Contractor and to be solely responsible in all contractual matters,
including payment of any and all charges resulting from such subcontractor arrangements.
b) The Prime Contractor shall be fully responsible for the acts, errors, and omissions of the Sub-Contractor.
The Contractor shall cause appropriate provisions of its proposal to be inserted in all subcontracts
ensuing to ensure fulfillment of all contractual provisions by subcontractors.
c) Contractor shall establish and maintain procedures and controls for the purpose of assuring that no
information in its records or records obtained from the LUG or from others in carrying out its functions
under the contract shall be improperly used or disclosed by it. If information and/or records are
requested of the successful Contractor(s) by anyone other than the LUG personnel, the LUG shall be
RFP # Page 14 of 17
notified immediately. The LUG will address all requests and reserve the right to review such procedures
to ensure acceptability.
XIII. FINANCIAL ASSURANCE
To reduce risk to the LUG, the successful vendor must provide a financial assurance in an amount equal
to one (1) year estimated collection costs. The financial assurance may be in the form of a Letter of
Credit (LOC) or a Payment and Performance Bond for the LUG. The Contractor is required to include,
as part of their response, evidence of your firm’s ability to provide a LOC or Performance Bond in the
event of an unsuccessful implementation. The LOC or Performance Bond shall automatically be
renewed each year and maintained through the term of the contract. Regardless of which method is
used, it must be received and approved by the LUG prior to Contract execution.
The Contractor, including any subcontractors, must have the financial capability to undertake the
requirements contained in this RFP. In order to demonstrate its financial capability, the LUG may
require the submission of some or all of the financial information detailed below by both the Contractor
and subcontractor if applicable. The requested information must be provided within five (5) working
days of a written request.
a) Audited Financial Statements for the Respondent’s last three (3) fiscal years or for the years that the
Respondent has been in business if this is less then three (3) years, including as a minimum the
Balance Sheet, Statement of Retained Earnings, Income Statement and any notes to the statements.
b) If the date of the Financial Statements provided in A) above is more than three (3) months from the
date of the requested information, the Respondent must also provide Interim Financial Statements
consisting of a Balance Sheet and year to date Income Statement), as of two (2) months prior to the
date of the request.
c) Evidence by certification from the Chief Financial Officer or an authorized signing officer of the
Respondent, regarding the accuracy of any financial information provided.
d) Formal certification on proposer’s stationary signed by the owner or authorized officer of the
company indicating the proposing firm has not filed for bankruptcy in any form, nor are there any
current intentions of filing any type of bankruptcy proceedings. In the event a proposer has or is
considering filing bankruptcy of any type, formal certification will take on the form of a written
explanation of such filing, complete with history and current status.
e) A confirmation letter from the Respondent’s financial institution(s) outlining the total of lines of
credit granted and the amount of credit that remains available and not drawn upon as of one month
prior to the date of the request.
f) If any proposal is submitted by a joint venture, then the specific financial information requested may
be required from each member of the joint venture depending on the magnitude and impact of their
role in the joint venture.
g) If the Contractor or subcontractor is a subsidiary of another company, then the specific financial
information requested is also required from the parent company.
The requirement to demonstrate financial capability may be waived by the LUG, in the event the
Contractor can demonstrate strong financial stability/condition and a history of successful
implementations.
XIV. INSURANCE
The successful contractor shall agree that it will, at all times during the term of the agreement, keep in
force and effect insurance policies required by the contract as noted below. Such insurance shall be
primary. Prior to execution of the written contract, the successful Contractor shall furnish the LUG with
a Certificate of Insurance issued by a company or companies authorized to do business in the State of
Wisconsin and that are satisfactory to the LUG and upon request, certified copies of the required
insurance policies. The LUG shall be named as additional insured with respect to general liability
coverage. The Certificate shall reference the contract and provide for thirty (30) days advance notice of
RFP # Page 15 of 17
cancellation or non-renewal during the term of the agreement.
Failure to submit or maintain the insurance requirements can make the contract void at the LUG’s
discretion. Minimum requirements are as follows:
a) Worker’s Compensation and Employer’ Liability Insurance – Statutory worker’s compensation
benefits and employers’ liability insurance with a limit of liability not less than $100,000 each
accident. Contractor shall require subcontractors not protected under its insurance to take out and
maintain such insurance.
b) Commercial General Liability Insurance – Policy shall provide coverage for premises and
operations, products and completed operations, personal injury and blanket contractual coverage.
Limits of liability are not less than $1,000,000 per occurrence and aggregate. The LUG, its boards,
commissions, agencies, officers, employees and representatives must be named as additional insured
with respects to the General Liability and so stated on the certificate of insurance.
c) Automobile Liability Insurance – Business automobile policy covering all owned, hired and non-
owned private passenger autos and commercial vehicles. Limit of liability not less than $500,000
combined single limit.
d) Umbrella Liability Insurance – Coverage to be in excess of employers’ liability, commercial general
liability and automobile liability insurance required above. Limits of liability not less than
$5,000,000 each occurrence, $5,000,000 aggregate.
XV. PROPOSAL SECURITY
Contractor shall provide for the issuance of a proposal bond issued by a surety and in the form
acceptable to the LUG in its sole discretion (or an irrevocable standby letter of credit by a bank
approved by the LUG in its sole discretion or other assurance satisfactory to the LUG, such as a CD or
cash deposit) in the amount of the estimated value of three months’ aggregate fees for the contract(s)
on which you are proposing, which the LUG may draw upon or liquidate in the following events:
1. To reimburse a LUG for costs the LUG incurred reviewing and evaluating the withdrawn
proposal, if proposer withdraws its proposal prior to award of the contract by the LUG
governing body;
2. To reimburse a LUG for costs resulting from possible procurement delay and failure to secure
solid waste service by the date the current contracts terminate and new service is scheduled to
begin, such as increased costs of securing solid waste services on an interim or temporary basis.
Examples of delay include, without limitation:
• Prior to the meeting at which the LUG is scheduled to award the Contract, proposer does
not provide the LUG with complete documentation required by the Contract.
• Proposer is awarded a Contract but proposer does not or will not duly execute the
Contract within the time prescribed by the LUG.
RFP # Page 16 of 17
XVI. PROPOSAL CHECKLIST
FINANCIAL FORMS – MUST BE SUBMITTED SEPARATELY FROM TECHNICALFORMS
PROVIDE ONE (1) ORIGINAL AND ONE (1) FLASHDRIVE OR SUBMIT ELECTRONICALLY
FORM 1A- SERVICE COST
FORM 2A- GROUP DISCOUNT
TECHNICAL FORMS – MUST BE SUBMITTED SEPARATELY FROM FINANCIAL FORMS
PROVIDE ONE (1) ORIGINAL AND ONE (1) FLASHDRIVE OR SUBMIT ELECTRONICALLY
FORM 1 - VENDOR RESPONSE
FORM 2 - LETTER OF INTENT FROM QUALIFIED FINANCIAL INSTITUTION
FORM 3 - SIGNATURE PAGE
PROPOSAL SECURITY
AFFIDAVIT CERTIFYING ACCESS TO SUFFICIENT LANDFILL CAPACITY
RFP # Page 17 of 17
FORM 1 - RFP #XXXX
RESIDENTIAL AND LUG
REFUSE, RECYCLING AND YARD WASTE COLLECTION
PROPOSAL DOCUMENT
Name of Respondent: ___________________________________________________
Electronic Reponses: The vendor response areas below are expandable as your response is typed in. Vendors may add
additional documents, through the upload method on our website. These additional documents may include PDF product
literature, company information, etc. However, they should not be used in place of responding to the questions herein; i.e.
do not say “See attached” unless it is to further elaborate. For example, if in addition to providing references, you want to
attach your entire client list as well, that would be acceptable.
Do not include any cost information within this response document. All cost information will be included in the
Pricing Document.
1. Describe your understanding and approach to providing Collection Services as requested in this RFP.
VENDOR RESPONSE:
2. Indicate who will be the Respondent’s authorized representative; give name, title, address, e-mail address, phone
and fax. The person identified shall be authorized to make binding commitments on behalf of the Respondent.
VENDOR RESPONSE:
3. Provide names and titles of the principles and officers of the company; identify the individual(s) in your firm that
are responsible for managing/overseeing the operations to assure due diligence has been exercised and
compliance with all rules and regulations (state and local) are met.
VENDOR RESPONSE:
I. Company Qualifications
4. Complete the information below in its entirety. If you have multiple offices, provide specific information on the
office that will be servicing this LUG account.
VENDOR RESPONSE:
Company Name:
How long have you had the same business name?
List previous business name(s), if applicable:
Contact Person:
Telephone:
Fax:
Email Address:
Physical Address:
Mailing Address:
Company Legal Status: Is the company a sole proprietorship?
If corporation provide State and year of incorporation:
Is this an LLC?
Number of Years of operation:
Licenses, permits and/or certificates (as applicable):
Page 1 of 8
5. Describe your experience providing similar services for public sector entities.
VENDOR RESPONSE:
6. Provide a comprehensive description of references (preferably at least one government agency) per the following
criteria and in the format provided below for which you have provided similar services: in implementing automated
collection services in comparable sized service area in the Upper Midwest. NOTE: Discovered references not
listed may be contacted.
VENDOR RESPONSE:
Reference #1
a. Firm Name:
b. Contact Name:
c. Contact Title:
d. Address:
e. Telephone Number:
f. E-Mail Address:
g. Provide an overview of the scope work that was performed (be as specific as possible):
h. Dates and duration of the contract:
Reference #2
a. Firm Name:
b. Contact Name:
c. Contact Title:
d. Address:
e. Telephone Number:
f. E-Mail Address:
g. Provide an overview of the scope work that was performed (be as specific as possible):
h. Dates and duration of the contract:
Reference #3
a. Firm Name:
b. Contact Name:
c. Contact Title:
d. Address:
e. Telephone Number:
f. E-Mail Address:
g. Provide an overview of the scope work that was performed (be as specific as possible):
h. Dates and duration of the project:
Page 2 of 8
7. Provide at least three (3) examples of similar programs with technical and operational features like those
proposed including but not limited to:
i. Automated collection of refuse and single-stream recyclables;
ii. Collection of yard waste;
iii. Transition to automated collection (as applicable); receptacle roll out and customer education;
iv. Transition as new service provider (as applicable), including receptacle and truck acquisition, route creation,
customer education;
v. Difficult-to-serve accounts; roll-out and scout service;
vi. Emergency service experience;
vii. Examples of other collection contracts where your contract city, county or other local government entity
designates processing or disposal facilities in performance specifications.
viii. Other features described in the proposal, including:
ix. Equipment acquisition and maintenance program: proposed source or manner of financing, cost of capital, and
amortization or depreciation schedule of proposer-owned equipment; similar containers or trucks (alternative fuel
vehicles)
x. Staffing (including number; operations, health and safety training; drug and alcohol testing; and any incentive
programs)
xi. History of customer service (including record of resolving customer complaints.
1).
2).
3).
8. Has your firm ever filed for Bankruptcy? If yes, please indicate state, date, court jurisdiction and docket number.
VENDOR RESPONSE:
9. If applicable, please describe any pending litigation against your firm.
VENDOR RESPONSE:
10. Is/has your firm been barred from doing business with either the State of Wisconsin or the Federal Government,
or is any such action pending? If yes, please indicate the reason(s) for the debarment and the date(s) your firm
was debarred.
VENDOR RESPONSE:
Page 3 of 8
II. Staff Qualifications
11. Using the format below, provide the names of key personnel that will be assigned to this contract. List the name,
title, experience and qualifications of all applicable personnel that would be assigned to this LUGity as contact
personnel. Indicate if they are an employee of the firm or a subcontractor. In addition, indicate the
individual(s) role on similar contracts and in what capacity they would serve on this contract. The format of
individual resumes for key personnel should be as follows:
a. Name
b. Title
c. Number of years with your company/firm
d. Current office location
e. Number of years in current office location
f. Experience/number of years providing technical, operational and managerial experience in
handling the proposed services
g. Other areas of experience
h. Role if awarded this contract
VENDOR RESPONSE:
III. Implementation
12. Proposal Will Attain Goals of LUG Procurement: Describe how and why you believe that your proposal meets
the goals and satisfies the goals of the LUGity that are stated in this RFP.
VENDOR RESPONSE:
13. Describe the extent to which you have an understanding of the local solid waste management conditions in the
LUGity, including route planning capabilities and insights into unique routing conditions.
VENDOR RESPONSE:
14. Explain your ability to implement and operate high-quality customer services and respond promptly and
courteously to any and all customer inquiries and/or service requests including:
14a. Fleet aging data which will provide an indication of the condition and appearance of the collection vehicles.
Fleet maintenance program, which is crucial in providing consistent and timely service.
VENDOR RESPONSE:
14b. Demonstrated compliance with all applicable federal and state laws pertaining to nondiscrimination and
affirmative action.
VENDOR RESPONSE:
14c. Disclosures of any permit violations, notices, warnings or other regulatory actions by the DNR or other
regulatory agencies.
VENDOR RESPONSE:
Page 4 of 8
14d. Documented diversion rates achieved under contracts with comparable LUGities in service area size and
demographics (socioeconomic, language, education profile). Identify the type of collection methods used in said
contracts and provide insights as to the methods employed to achieve improved diversion rates.
VENDOR RESPONSE:
IV. Proposed Program Implementation Plan and Services
15. Contractor Transition: Provide a detailed explanation of how your firm will transition the LUGity from their
existing service.
VENDOR RESPONSE:
16. Transition Plan: Provide a detailed implementation schedule / timeline that demonstrates your ability to
effectively locate and use necessary resources for successful program implementation, including the following:
Key implementation dates (the service commencement dates)
Identification of any truck purchase commitment and delivery schedule
Identification of any receptacle purchase commitment and delivery schedule
LUGity outreach and LUGity relations plan - education
Customer service plans
Special services/billing services plans
Materials processing and disposal plans, reporting plans
LUG coordination plans,
Transition staffing and training plans
Any collection of old containers and distribution of new ones
VENDOR RESPONSE:
17. Public Education: Describe your plan to contribute to public education about your services, if called upon by the
LUGities, including:
Explanation of strategies,
Examples of experience, and
Copies of materials produced for past programs.
VENDOR RESPONSE:
18. Commencement of Services: Do you have the ability to fully implement programs and services NO LATER THAN
JANUARY 1, 2016. Are you able to accommodate earlier commencement dates based on this proposal?
VENDOR RESPONSE:
19. Commencement of Services Collection at LUG Buildings and Designated Sites: Does your firm agree to
pick up at designated sites without additional charge to LUGities and conduct a receptacle audit within the first
year of contracted services?
VENDOR RESPONSE:
20. Service Days and Hours: Provide detail regarding regular collection hours, holiday schedules and changed
schedule notifications.
Page 5 of 8
VENDOR RESPONSE:
21. Routing: Confirm your firm will be able to provide route maps and sheets upon commencement of services as
well as conform to details identified in VII. (f).
VENDOR RESPONSE:
22. Container Provisions: Explain how your firm will comply with the required acquisition, delivery, maintenance,
repair and additional receptacle specifications listed in Section VII. (g). Please describe plan for provision of
refuse and recycling receptacles.
VENDOR RESPONSE:
23. Special Roll Out Services: Describe how provide special roll out services for refuse and recycling receptacles
for both individual without surcharge and with surcharge.
VENDOR RESPONSE:
24. Special Allowances for Collection in Alleys and Tight Spaces: describe how pick up for geographically
challenging areas that will not accommodate full-sized automated vehicles will be handled.
VENDOR RESPONSE:
25. Emergencies and Backup Service Plan: Describe plans in the event of labor disturbances or fleet lose incidents
and other circumstances. Along with providing collections for emergencies and natural disasters.
VENDOR RESPONSE:
26. Customer Service and Communications Program Commitments Including:
• Protocol for resolving public complaints such as missed pickups, answering customer questions, tagging
improper garbage and recycling setouts
• Availability to public during office hours,
• Availability to LUGities during office hours and in emergencies,
• Protocol for communications between dispatchers and drivers
• Protocol for communicating weather delays or pick-up cancellations
• Record of complaints and resolution
• Location of administrative offices, local customer service office, and
• Locations for customer payment of bills
• Complete hauler forms (Appendix E)
VENDOR RESPONSE:
27. Refuse Collection: Describe service plan for all residential refuse collection including receptacle size.
VENDOR RESPONSE:
Page 6 of 8
28. Explain understanding of requirements in Section VII. (n).
VENDOR RESPONSE:
29. Unpermitted Waste Screening Protocol: Please provide Contractor procedures and protocol.
VENDOR RESPONSE:
30. Bulky Items: Provide service plan for bulky item collection and definition of bulky items. Explain ability to adhere
to LUG variations for handling/defining/payment for collection of bulky items.
VENDOR RESPONSE:
31. Refuse Disposal: Evidence of Access to Landfill Capacity: Provide an affidavit certifying that your firm has
access to sufficient landfill disposal capacity to service the LUGities for the term of the contract. For firms that do
not own landfills, a commitment from a publically or privately owned landfill, indicating a binding contractual
agreement to provide sufficient landfill disposal capacity, will be acceptable.
VENDOR RESPONSE:
32. Recyclable Collection: Describe service plan for all residential refuse collection including receptacle size.
VENDOR RESPONSE:
33. Recyclable Transportation: Confirm ability to follow delivery protocol for delivery of all recyclables to a
Contractor or County designated facility (under consolidation only) without exception for single sort materials.
VENDOR RESPONSE:
34. Increased Diversion: Distribution of free replacement or additional containers to households.
VENDOR RESPONSE:
35. Increased Diversion: Provide additional proposed diversion program commitments that exceed the 25%
increase goals.
VENDOR RESPONSE:
36. Yard Waste Collection: Explain your understanding of the yard waste collection and processing in Section VII.
(q).
VENDOR RESPONSE:
Page 7 of 8
37. Reports and Record Keeping Describe Contractor reporting and recording keeping procedure and compliance
with Section VII. (r). Also, confirm understanding of coordinating with and reporting to an RU. Attach an example
of each report that includes requirements listed in Scope of Services section VII (r).
VENDOR RESPONSE:
38. Vehicles, Drivers, and Equipment: Explain understanding of the required services in Section VII. (s).
VENDOR RESPONSE:
39. OSHA/Safety Plan: Describe your firm’s safety and security plans for operations.
VENDOR RESPONSE:
40. Evidence of Financial Assurance: Submit required RFP LETTER OF INTENT from a QUALIFIED FINANCIAL
INSTITUTION in Appendix F. The Financial Assurance may be in the form of a Letter of Credit or a Payment and
Performance Bond.
VENDOR RESPONSE:
41. Proposal Security: You must sign and submit the Signature Page and proposal security (proposal bond).
VENDOR RESPONSE:
42. Exceptions: Indicate any exceptions you are taking to the terms and conditions, contractual and other
requirements defined in the Service Contract posted with the solicitation. If exceptions are taken, cite the
paragraph involved, the exception taken, and state alternative language acceptable to the Respondent.
Alternative language is subject to negotiation and/or approval.
VENDOR RESPONSE:
Page 8 of 8
FORM 1A
SERVICE COST PROPOSAL
INSERT LUG
SCHEDULE A - BASIC RESIDENTIAL CONTRACT SERVICES
Co
s
t
I
t
e
m
Service Day(s)
Disposal Fee
(Cost per
Ton)
A.1
A.2 $
A.3
A.3.a.
* State tip fee is not subject to annual CPI adjustments
SCHEDULE B - ADDITIONAL RESIDENTIAL SERVICE CHARGES $/HH/Month $/Pull (Drop-
off Site)
B.1.a $
B.1.b
B.2
$$
* Assume 32 weeks per year
SCHEDULE C - ANNUAL CPI RATE ADJUSTMENT & FUEL SURCHARGES
C.1 %
C.2 %
C.3 %
Any remaining percent (from 100%) is assumed to be capital expenses not subject to CPI adjustments %
Note: CPI Rate Adjustment & Fuel Surcharges applies to schedule A (excluding State landfill tip fee of $12.997), B, and F (Multi-Family Units Monthly Fees Only)
SCHEDULE D - PROVISION OF RECEPTACLES AND RELATED SERVICES*
Lease Only
$/HH/Month
(Contractor
Owned)
Lease-to-own
$/HH/Month
(LUG Owned)
Lease Only
$/HH/Month
(Contractor
Owned)
Lease-to-own
$/HH/Month
(LUG Owned)
D.1
D.2 $$$$
D.3 $$$$
D.4 $$$$
SCHEDULE E - RESERVED
SCHEDULE F - LUG and MULTI-UNIT COLLECTION & DISPOSAL (DUMPSTER) SERVICES
Item Refuse Size &
Quantity
Refuse
Collection
Frequency
Recycle Size &
Quantity
Recycle
Collection
Frequency
Total Annual
Number of
Picks
Monthly Fee (Multi-
Family Unit ONLY)
1
2
3
4
5
6
7
8
9
10
11
12
13
Total Households/Units:
Bulky Item Collection (Weekly)
Bulky Item Collection (Fee Based)Call in Service - Attach Fee Schedule for all Bulk and
Appliances with Financial Documents
Yard Waste Collection* (May include both seasonal, weekly HH pick up at curb and
receptacle pulls at drop-off sites)
Maximum Annual Rate Increase (ARI)
Single Stream Recyclables Collection & Delivery to
Waukesha County Designated MRF (not including $
Contract Service Description
Automated Curbside Service
Fee Per Unit Per Month (EOW
Recycling Collection)
Refuse Collection & Disposal and Recycling Collection
Single Stream Recyclables Collection & Delivery to
Contractor Designated MRF (not including receptacle
fees)
$
Weekly Refuse Collection (not including disposal or
receptacle fee)$
Disposal of Refuse (Landfill fee $/ton including the State
tip fee)*
Co
s
t
I
t
e
m
Receptacle (Recycling and Refuse)
*Assume a 84 month contract period. Lease to own recycling
receptacles will require Waukesha County Recycling Logo
Recycling Receptacle
64 gallon (Including Maintenance Cost, Not Retrieval Costs)
96 gallon (Including Maintenance Cost, Not Retrieval Costs)
Receptacle Retrieval charge at termination of contract
Refuse Receptacle
Percentage of CPI adjustment applied to Service Fee (Range of 75-90%)
Percentage of Fuel Cost adjustment applied to Service Fee (Range of 10-25%)
3. Percent (%) discount which would be offered for this grouping of LUG.
4. Describe all conditions, limitations or considerations which are associated with the proposed discount.
Group Pricing - Financial Form 2
1. Identify Group of LUG which would be offered a discount.
2. Provide rationale for grouping.
FORM 2
LETTER OF INTENT FROM QUALIFIED FINANCIAL INSTITUTION
TO: [Insert LUG]
RE: [insert title of applicable Contract(s)]
We have reviewed the proposal of______________________________________
(“Proposer”)
of _______________________________________________________________ (Address) to provide solid
waste services under the Contract(s) and the Contract(s).
If the LUG accept Proposer’s proposal and award the Contract(s) to Proposer, it is our present intention to issue
the Letter of Credit or Payment or Performance Bond (please check one) required by the
Contract(s).
We are duly licensed to do business in the State of Wisconsin.
Dated: ______________________ by: _______________________________________
(Name of Bank__________________________________________________
(Name of Signatory) (Title)________________________________________________
(Seal) ___________________________________ (signature)
INSERT LUG Phone:
Fax:
Website:
FORM 3 - RFP SIGNATURE PAGE
All RFP's must be signed to be considered
RFP NO. ___________ DESCRIPTION: ________________________________________
OFFER AND ACCEPTANCE
The proper submission of this form by the contractor will be considered as the contractor's offer to enter into a contract in accordance with the
provisions herein set forth.
The submission of a proposal shall be considered as a representation that the contractor has carefully investigated all conditions, has full
knowledge of the scope, nature and quality of work required, and is familiar with all applicable State, Federal and Local regulations that affect,
or may at some future date affect the performance of the contract. All quoted conditions and prices submitted shall remain firm for ninety (90)
calendar days from opening date.
If your proposal is accepted and a contract issued, then this Request for Proposal inclusive of its Terms and Conditions, and all documents
attached hereto including any amendments, the Contractor's Technical response and Fee Schedule and any other written offers/clarifications
made by the contractor and accepted by the LUG, will be incorporated into the entire contract between the LUG and your firm, and it shall
contain all the terms and conditions agreed on by the parties hereto, and no other agreement regarding the subject matter of this proposal
shall be deemed to exist or bind any of the parties hereto.
Acceptance will take place only upon award and execution of this document by the proper LUG officials, and delivery of the fully executed
contract to the Contractor. Acceptance may be revoked at any time prior to delivery of the fully executed contract to the successful
Contractor. The contract may be amended only by written agreement by the Contractor and the LUG.
Complete all boxed areas, including Amendment number(s) and manually sign the document prior to submitting.
By signing below we agree to furnish all items listed in the above referenced RFP inclusive of applicable
specifications, amendments and the RFP's Terms and Conditions.
I have reviewed the “Request for Proposal” identified above and Amendment Nos. all other contract documents, plans,
and specifications and have carefully examined the same in detail before submitting this proposal.
FEIN:
Firm:
Address,
City, State, Zip:
Telephone No: Fax No:
E-Mail:
TO BE SIGNED & SUBMITTED BY THE PERSON AUTHORIZED TO LEGALLY BIND YOUR FIRM TO THIS CONTRACT
Submitted By:
(Manual Signature Required) (Printed Name Required)
Title: Date:
Appendix A
Waukesha County Protocol for Delivery of Recyclables to the
Joint City of Milwaukee (City)/Waukesha County Material Recovery Facility (Joint MRF)
(3/9/2015)
1. All delivery vehicles shall enter and exit the Joint MRF site from Mt Vernon Ave at the west
gate (see attached “Joint MRF Traffic Flow Map”).
2. All inbound vehicles shall proceed to the south truck scale.
3. The truck scale system will record truck gross and tare weight, type of material and source
(hauling company, community, and route #), vehicle ID#, date and time.
4. All vehicles shall obey posted directional signs and speed limit of 15 MPH at all times on site.
5. Delivery vehicles will be directed to the appropriate receiving door (designated by number).
Six receiving doors are located on the west side of the building and one receiving door
principally used for single commodity (i.e. pre-sorted OCC) loads is located on the east side of
the building.
6. Drivers should queue if the designated delivery door is currently occupied by another vehicle.
7. Delivery vehicles should back in through the delivery door at the direction of the payloader
operator or designated tip floor attendant.
8. Drivers will discharge their loads as directed and exit the building through the same door they
entered.
9. Drivers should remain in their vehicle and may exit only as permitted by the payloader
operator.
10. Personal Protective Equipment (PPE) is required when outside their vehicle.
11. Material should only be discharged inside the building and not on the parking lot or driveways,
including cleaning of the delivery vehicles.
12. During periods of peak traffic from 2:00 pm until 4:00 pm, preference shall be granted to City
delivery vehicles. Non City vehicles will queue in the right hand lane exiting the scale, and
City vehicles will queue in the left hand lane and shall be given preference by the payloader
operator in directing into the tipping area. As may be necessary, the same queuing and yield to
City vehicles will also apply while entering the scale.
13. All delivery vehicles shall pass through the outbound (north) truck scale before exiting the site,
unless prior approval has been granted for use of stored tare weights.
Hours of Operation
Receiving hours of operation for the Joint MRF will be 7:00 a.m. to 4:00 p.m., Monday through Friday
except for Entity recognized holidays as follows, or as may be designated from time to time by the
Entity:
• New Year’s Day
• Memorial Day
• Independence Day
• Labor Day
• Thanksgiving Day
• Christmas Day
Note: The contact number for the Joint MRF scale house is 414-286-3282.
APPENDIX B
SOLID WASTE SERVICES CONTRACT
For the [Insert name of Local Unit of Government] (LUG)
LUG Representative
[Insert name, address, phone #]
[Insert Name of Contractor] (“Contractor”)
Contractor Representative
[Insert name, address, phone #]
Contract Effective Date: [Insert date]
TABLE OF CONTENTS
PART 1 – GENERAL TERMS AND CONDITIONS ....................................................... 3
ARTICLE 1 – DEFINITIONS AND INTERPRETATION ................................................... 4
ARTICLE 2 – EXCLUSIVE CONTRACT ......................................................................... 9
ARTICLE 3 – SERVICES PROVIDED .......................................................................... 10
ARTICLE 4 – CONTRACTOR SERVICE FEE .............................................................. 18
ARTICLE 5 – COMPLIANCE WITH APPLICABLE LAW ............................................... 21
ARTICLE 6 – RECORDS, REPORTING AND AUDITS ................................................ 22
ARTICLE 7 – INDEMNITIES, INSURANCE, SURETY .................................................. 26
ARTICLE 8 – BREACHES, DEFAULTS AND REMEDIES ............................................ 31
ARTICLE 9 – SUSPENSION OR TERMINATION ......................................................... 39
ARTICLE 10 – TRANSFER OR ASSIGNMENT OF CONTRACT ................................. 43
ARTICLE 11 – INTERPRETATION OF CONTRACT .................................................... 44
ARTICLE 12 – THE PARTIES ....................................................................................... 45
ARTICLE 13 – TERM OF CONTRACT ......................................................................... 47
ARTICLE 14 – CHANGE IN SCOPE OF SERVICE ...................................................... 48
ARTICLE 15 - AMENDMENTS ..................................................................................... 49
ARTICLE 16 – NOTICES, CONSENTS, APPROVALS, ETC. ....................................... 50
ARTICLE 17 – EXECUTION OF CONTRACT .............................................................. 51
SCHEDULES ............................................................................................................... 52
SCHEDULE 1 – CONTRACT SERVICES AND COST SUMMARY .............................. 53
SCHEDULE 2 – COLLECTION CONTRACT COMPLIANCE ITEMS RELATED TO
RECYCLING CONTAINERS AND DELIVERY OF RECYCLABLES TO
A DESIGNATED MRF ........................................................................ 56
SCHEDULE 3 – CONTRACTOR FINANCIAL ASSURANCE ........................................ 57
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SCHEDULE 4 – CONTRACTOR EVIDENCE OF INSURANCE ................................... 58
SCHEDULE 5 – CONTRACTOR AFFIDAVIT CERTIFYING ACCESS TO SUFFICIENT
LANDFILL CAPACITY ...................................................................... 59
SCHEDULE 6 – ANNUAL RATE ADJUSTMENT (CPI AND FUEL) .............................. 60
SCHEDULE 7 – SAMPLE MONTHLY INVOICE ........................................................... 64
SCHEDULE 8 – BULKY ITEM DIVERSION PROGRAM .............................................. 65
SCHEDULE 9 – EMERGENCY BACK-UP COLLECTION SERVICE PLAN ................. 66
SCHEDULE 10 – CUSTOMER COMPLAINT & BILLING DISPUTE RESOLUTION ..... 68
SCHEDULE 11 – UNPERMITTED WASTE SCREENING PROTOCOL ....................... 69
SCHEDULE 12 – CONTRACTOR TRANSITION & CUSTOMER EDUCATION PLAN . 70
SCHEDULE 13 – ROUTE MAPS, SHEETS, AND CHANGE REQUESTS ................... 71
SCHEDULE 14 – RECYCLING RECEPTACLES INVENTORY .................................... 72
SCHEDULE 15 – MONTHLY & ANNUAL REPORTS (SAMPLES) ............................... 73
SCHEDULE 16 – PROTOCOL FOR DELIVERY OF RECYCLABLES TO THE
DESIGNATED MRF .......................................................................... 75
SCHEDULE 17 – VEHICLES, DRIVERS AND EQUIPMENT ....................................... 77
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THIS CONTRACT (“Contract”) is made and entered into this ____ day of _________,
2014, by and between the [Insert name of Local Untit of Government here] (hereinafter “LUG”)
and [Insert name of Contractor here] (hereinafter “Contractor”).
PART 1. GENERAL TERMS AND CONDITIONS
RECITALS:
WHEREAS, the LUG recognizes that it is desirable that provisions be made for the
regular and efficient Collection and Disposal of Solid Waste (including Refuse and Recyclables)
within the legal boundary limits of the LUG; and
WHEREAS, the LUG desires that an independent Contractor be utilized to perform said
Collection and Disposal services for properties within the legal boundary limits of the LUG and
desires to enter into a Contract granting the Contractor the exclusive right to Collect the weekly
generated Solid Waste materials from all single family and eligible multi-family Residential
Customers within the LUG limits; and
WHEREAS, the LUG desires to reduce costs by minimizing the amount of Solid Waste
being disposed in landfills, and increasing the amount of recyclable materials recovered within
the LUG limits; and
WHEREAS, the LUG is the Responsible Unit for Recycling under Wisconsin Statutes §
287.09, must implement an “effective Recycling program” under Wisconsin Statutes § 287.11
for the benefit of it’s citizens, and has executed a public procurement process to obtain the
services herein described; and
NOW, THEREFORE, in consideration of the premises set forth herein, and for other
good and valuable consideration, the receipt whereof is hereby acknowledged, the parties agree
as follows.
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ARTICLE 1. DEFINITIONS AND INTERPETATION
1.01 INTERPRETATION
A. Plurality. Words importing the singular number mean and include the plural number,
and vice versa, unless the context demands otherwise.
B. Headings, Font. Any caption or heading after the ATTACHMENT, EXHIBIT,
ARTICLE, Section, lettered subsection, Arabic-numbered subsection or Roman-
numbered subsection and numbered lists preceding the operative text of this
Contract is for convenience of reference on and does in any way control or affect
the scope, intent, meaning, construction, interpretation, or effect of this Contract.
C. Examples. Examples are for purpose of illustration only. If any example is ambiguous
or conflicts with the text that it illustrates, the text governs.
1.02 DEFINITIONS
Affiliate means a person that, directly or indirectly, through one or more intermediaries,
controls, or is controlled by, or is under common control with, Contractor. For the purpose of
this definition, “control” has the meaning provided in Rule 144 of the Securities Act of 1993.
Bulky Items means the following items generated at residential premises and discarded at
residential Set-out Sites, with no one item exceeding 50 pounds in weight:
• furniture, including metal desks, mattresses and storage cabinets,
• tied rolls of carpeting meeting the following requirements:
− not larger than 6 inches in diameter
− no longer than 4 feet in length
• sinks, concrete laundry tubs, and cast iron plumbing fixtures,
• windows and doors,
• large toys,
• bicycles,
• dismantled swing sets,
• up to 5 securely tied bundles of lumber per Customer each month, meeting the following
requirements:
− not larger than 18 inches in diameter
− no longer than 4 feet in length
− free of nails or with nails bent over
− from construction projects, including garages and sheds.
• lawn mowers and snow blowers with no gas or oil in them,
• any item (other than lumber) that can be cut or broken down meeting the following
requirements: not longer than 6 feet in length.
Bulky Items does not mean any item weighing in excess of 50 pounds or any of the
following:
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• material generated at non-residential premises, including commercial business
operations,
• Yard Waste and branches,
• sod, soil and stone,
• broken concrete and asphalt,
• brick, block, and stone,
• railroad ties or similar type of retaining wall timbers,
• remodeling debris, including shingles,
• animal waste,
• liquids, including paint,
• Hazardous Waste,
• fuel oil tanks,
• any automotive parts including vehicle batteries and tires.
Collect, Collection, Collecting or other form thereof means any or all Solid Waste pickup(s)
made by Contractor as required by this Contract.
Contract Service Area means the land within the political boundaries of the LUG.
Contract Service Assets means all property, both tangible and intangible (such as facility leases
or equipment installment purchase agreements), used directly or indirectly in performing
Contract services, including vehicles, Receptacles, operation / maintenance equipment and
facilities, and administrative/office equipment (such as computer hardware and software,
telephones/telefax) and offices.
Contractor Documentation means all documents, papers or other which the Contractor is
obligated to provide to the LUG.
Contractor Payment Obligations means amounts due and payable by Contractor to LUG,
including liquidated damages, compensatory damages, as provided in this Contract.
Contractor Representative means the person named by Contractor and identified on the
Contract Cover page and Section 16.01 to fulfill the requirements of Section 12.07(B).
Contractor’s Related Parties means Contractor’s employees, partners, officers, agents,
subcontractors, attorneys, consultants, licensees, invitees, and Affiliates. Contractor’s Related
Parties are third party beneficiaries of provisions that reference them.
County means the County of Waukesha, WI.
Customer or Customers means a person for whom the LUG is arranging for Solid Waste
Collection services from Contractor.
Designated MRF means the Material Recovery Facility located at [insert address here] where all
collected recyclable material is delivered for processing and marketing.
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Disposal or Dispose or other form thereof means final deposition or destruction of materials in
accordance with this Contract.
Diversion or Divert means activities that reduce or eliminate the amount of Solid Waste from
land Disposal.
Goods or services means Contract Service Assets used to provide Contract services, including
labor, leases and subleases, equipment, supplies, capital, insurance, bonds or other credit support
if the provider is an Affiliate or under control of Contractor or any Affiliate; and legal, risk
management, general and administrative services.
Hazardous Waste means any material or substance which, as of the Contract Date, and for the
duration of this Contract (adopting any future changes in the statutory definitions of the
following statutes or regulations or any newly promulgated statutes or regulations), and by
reason of its composition or characteristics is (a) Hazardous Waste, substance or material as
defined in the Solid Waste Disposal Act, 42 USC §6901 et seq., as amended, replaced or
superseded, and the regulations implementing same; (b) material the Disposal of which is
regulated by the Toxic Substances Control Act, 15 USC §2601, et seq., as amended, replaced or
superseded, and the regulations implementing same; (c) special nuclear or by-products material
within the meaning of the Atomic Energy Act of 1954; (d) Hazardous Waste substance or
material as defined in the Comprehensive Environmental Response, Compensation and Liability
Act of 1980, 42 USC §6901 et seq. as amended, replaced or superseded, and the regulations
implementing same; or (e) treated as Hazardous Waste or substance or material under applicable
federal, state, or local law.
Holidays means the following days:
• New Year’s Day,
• Memorial Day,
• Independence Day,
• Labor Day,
• Thanksgiving Day, and
• Christmas Day.
LUG means [Insert name of Municipality here], and for purpose of Indemnities, LUG’s Related
Parties.
LUG Business Day means any day on which LUG administration office is open to do business
with the public.
LUG Governing Body means the [Town Board, Village Board, Common Council,] of the LUG.
LUG Representative means the person named by LUG as required by Section 16.01 and
identified on the front page of this Contract.
LUG’s Related Parties means LUG’s officers, employees, agents, representatives, servants,
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assigns, volunteers and each and every one of them, which are third party beneficiaries of
provisions in this Contract that reference them.
Own, Owner, or Ownership or other variation thereof has the meaning provided in the
constructive ownership provisions of Section 318(a) of the Internal Revenue Code of 1986, as in
effect on the Contract Execution Date, except that
A. 10% is substituted for 50% in Section 318(a)(2)(C) and in Section 318(a)(3)(C) thereof;
B. Section 318(a)(5)(C) is disregarded, and
C. ownership interest of less than 10 percent is disregarded and percentage interests is
determined on the basis of the percentage of voting interest or value which the ownership
interest represents, whichever is greater.
Performance Obligations means each and every obligation and liability of Contractor under this
Contract.
Receptacle means any can, cart, bin, or other container (such as bags) for storing discarded
Refuse or Recyclables.
Records means information relating to Contract services and other Performance Obligations,
including documentation enumerated in Article 6, ledgers, books of account, invoices, vouchers,
canceled checks, logs, correspondence, computations, files, plans, correspondence, reports, data,
and photographs, and all information required by Wisconsin Administrative Codes NR § 502.06
(4)(g) and NR § 544.07.
Recyclables means ferrous metal cans (including steel and bi-metals), aluminum containers,
glass, PET and HDPE bottles and containers (grades 1 and 7) , mixed plastics (grades 2, 4, 5),
rigid plastics, aseptic and gable top containers, newsprint, phone books, corrugated paper,
magazines and catalogs, office paper, junk mail, mixed residential paper (including boxboard), as
amended from time to time by statute.
Recycle, Recycling, or recyclable means the process of Collecting, sorting, cleansing, treating,
and reconstituting materials (including Recyclables) that would otherwise be Disposed of as
Refuse and returning them to the economic mainstream in the form of raw material for new,
reused, or reconstituted products that meet the quality standards necessary to be used in the
market place.
Refuse means Solid Waste comprised of rubbish, trash, and garbage, excluding Recyclables,
Yard Waste, and Bulky Items that are Diverted for reuse or Recycling.
Residential Customers means those in single-family dwelling units, owner occupied multi-
family dwelling units and multi-family rental or leased dwelling units with 4 or less dwelling
units per building who receive Solid Waste Collection service from the LUG under this Contract.
RFP means Request for Proposal #1427, and all subsequent amendments, for Residential and
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Municipal Refuse, Recycling and Yard Waste Collection, released on [insert date] by the LUG.
Set-out Site means the location where Customer must place Receptacles and Bulky Items for
Collection, generally located near the back of the residence, near the garage, near other out
buildings or for Bulky Items at the curb adjacent to the road edge.
Solid Waste means those items Collected by Contractor under this Contract in the Contract
Service area, including:
A. Refuse,
B. Recyclables, and
C. Bulky Items,
D. and excluding Unpermitted Waste.
Solid Waste Management Facility means the following facilities, individual and together, as
the context demands:
A. Designated MRF,
B. Refuse Disposal facility, and
C. any transfer facility.
State means the State of Wisconsin.
State Tip Fee (also known as the Wisconsin Landfill Disposal Surcharge Fee) means the fee
imposed on all Solid Waste disposed in Wisconsin landfills as defined in Wisconsin Statute §
287.645, and as of the date of the execution of this agreement is $12.997 per ton.
Ton (or Tonnage) means 2,000 pounds.
Uncontrollable Circumstance(s) means any of the following events:
A. any natural disaster such as landslide, lightning, earthquake, fire, flood, (other than
reasonably anticipated weather conditions for the geographic area of LUG);
B. sabotage, explosion;
C. insurrection, riot or civil disturbance, war or other emergency affecting LUG declared by
the President of the United Sates or Congress of the United States, the Governor of
Wisconsin or the LUG Governing Body;
D. failure of public agency or private utility to provide and maintain water, power, or service
at Contractor’s operations and maintenance yard or administrative offices;
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E. other catastrophic events beyond the reasonable control of that Party and not the result of
willful or negligent action or inaction of that party (other than the contesting in good faith
or the failure in good faith to contest that action or inaction), which materially and
adversely affects the ability of either party to perform any obligation under this Contract
despite that party’s exercise of due diligence.
Unpermitted Waste means materials that cannot be Disposed of in landfill under applicable law
of the state, including Hazardous Waste, Yard Waste, and major appliances. Major appliances
means items banned from landfill Disposal under Wisconsin Statute § 287.07, including air
conditioners, clothes washers and dryers, dishwashers, refrigerators, freezers, stoves, ovens,
dehumidifiers, furnaces, boilers, water heaters, and microwave ovens (unless the capacitor has
been removed).
Yard Waste means “Yard Waste” as defined in Wisconsin Statute 287.01 (17), which as of the
Contract execution date means leaves, grass clippings, yard and garden trimmings, and brush,
including clean woody vegetative material, stumps, roots, or shrubs with intact root balls.
ARTICLE 2. EXCLUSIVE CONTRACT
2.01 Exclusive Right and Privilege. The LUG hereby grants to Contractor the exclusive right
and privilege, and Contractor hereby accepts the obligation to provide Recycling Receptacles
and to Collect, transport, and Dispose all Solid Waste generated by Residential Customers within
the legal boundary limits of the LUG as its legal limits may be modified from time to time by
annexation during the term of this Contract. Customers can, however, contract with any licensed
hauler for the collection, transportation, and disposal of materials not covered by this Contract.
Contractor shall comply with the requirements of Schedule 2 in providing Recycling services.
2.02 Disposal Requirements.
A. Recyclables. Contractor shall transport Recyclables to the Designated MRF for
processing and marketing of material. Contractor shall not Dispose of any Recyclables
anywhere else without prior LUG permission. Contractor shall comply with the
Designated MRF delivery protocol.
B. Refuse. Contractor shall Dispose of Refuse in a licensed facility. Proof that Contractor
has access to a facility with sufficient capacity shall be attached as Schedule 5.
2.03 Comingling prohibited. Contractor shall not comingle Solid Waste from the LUG with
Solid Waste from other municipalities.
2.04 Natural/Man-Made Disaster Collection Service
A. Nature of Emergency services. Contractor shall have the first opportunity to provide
emergency services beyond the scope of the contracted services, including providing
drivers, vehicles, and other equipment and personnel to cleanup Solid Waste and other
debris resulting from natural disasters such as earthquakes, storms, tornadoes, floods,
riots, and civil disturbances, for which Contractor shall be reimbursed by the LUG
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separately from this Contract. Within 24 hours of receipt of electronic notification from
the LUG, followed as soon as practicable by written notice, Contractor shall propose a
plan, including cost in writing. Should LUG accept Contractor’s plan, Contractor shall
commence implementing the approved plan as established under the accepted plan.
B. Reporting. Should LUG accept Contractor’s plan, Contractor shall cooperate with
LUG, the State, and Federal officials in filing information related to a regional, state, or
federal declared state of emergency or disaster as to which Contractor has provided
services under this section.
ARTICLE 3. SERVICES PROVIDED
3.01 General.
A. Collection. Contractor shall Collect Solid Waste from all Residential Customers within
the LUG for Disposal or Recycling as appropriate and required by law and this
Contract. Service provided shall be automated curbside pickup, as described in the
RFP. Any service required by Residential Customers beyond what is provided in this
Contract shall be arranged by the Residential Customer and the Contractor directly at
the Residential Customer’s sole cost.
B. Contractor Supplied Receptacles. The Contractor shall provide one Receptacle for
Recyclables to each Residential Customers, including new Customers during the term
of the Contract, as specified herein on a lease basis. The cost of the Receptacle shall be
charged to the LUG as a monthly fee on a per Receptacle basis. The Contractor shall
deliver a new Recycling Receptacle to new households during the term of the Contract
upon notice from the LUG.
C. Emergency Backup Service Plan. Contractor shall have an emergency backup service
plan which Contractor shall implement if, due to Uncontrollable Circumstances or for
any reason whatsoever, Contractor fails, refuses, or is unable for a period of 48 hours to
Collect and/or at any time to transport Solid Waste or debris, or any portion thereof to a
licensed Disposal facility, and the LUG determines there is a danger to public health,
safety, or welfare. The Emergency Backup Service Plan is located at Schedule 9.
D. Bulky Item Diversion. Contractor shall Divert all Bulky Item materials that it Collects
to appropriate Recycling outlets. Contractor shall transport and deliver Bulky Items and
excess Refuse that cannot be Diverted to a Recycling facility to a licensed Disposal
facility.
3.02 Solid Waste Collection
A. Mandatory Residential Collection. Beginning on the service commencement date,
Contractor shall Collect all Refuse and Recyclables placed inside Receptacles at a
Residential Set-out Site on the regularly scheduled Collection day for that Set-out Site.
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1. Bulky Items. Contractor shall Collect Bulky Items curbside [weekly, biweekly,
monthly] on the Resident’s regularly scheduled Collection day. Pick-up shall be
initiated by Residential Customer or driver call in. Drivers must notify the dispatcher
of Bulky Item discard they observe on routes. The Bulky Item truck driver must also
pick up any other Bulky Items discarded at residential curbside set out that he or she
observes on the Bulky Item route.
2. Missed Pickups. Absent Collection Service Exceptions, on the next service day
following notice to Contractor, Contractor shall Collect, without charge, any
Receptacle, and/or the contents therein or Bulky Items that the Contractor should
have Collected, delivered, exchanged, or repaired but did not Collect, deliver,
exchange, or repair. If Contractor does not provide a Contract service in a timely
manner, the LUG may provide the Contract service itself or through a third party and
Contractor shall reimburse the LUG’s incremental costs thereof.
3. Collection Service Exceptions. Contractor is not obligated to Collect Solid Waste in
the event of any Service Exception, but must complete and leave a non-Collection
notice securely attached to a Receptacle at or near the Set-out Site.
i. In its next monthly report, Contractor shall inform LUG of each Customer to
which Contractor gave a non-Collection notice.
ii. Collection Service Exceptions means the following:
1. Solid Waste Not Properly Placed in Receptacles: other than any Bulky Item.
2. Receptacles in Excess of Weight Limits: a Receptacle or bag (Collected
manually) that weighs more than 50 pounds.
3. Receptacle or Bulky Items Not Placed at Proper Set-out Site: a Receptacle
not positioned at the Set-out Site, or a Bulky Item or excess Refuse is not
discarded at the Set-out Site.
4. Unsafe Condition: the Set-out Site is not safely accessible to vehicles or
Contractor’s employees.
5. Unpermitted Waste or Unsafe Materials: Contractor observes Unpermitted
Waste in a Receptacle or at the Set-out Site.
6. Contamination of Recyclables: Contractor observes the following materials:
Refuse or Yard Waste in a Recyclables Receptacle in amounts that, in the
judgment of Contractor, will prevent processing or Diversion of Recyclables.
4. Call Back Collection. In the event a resident fails to set out Solid Waste or Bulky
Items by 7:00 a.m. or fails to place them in an allowable location, the Residential
Customer may request special Collection from the Contractor rather than wait for the
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next scheduled Collection. The Contractor shall bill this service directly to the
Residential Customer and the Residential Customer shall remit payment for such
service directly to the Contractor.
B. Service Days and Hours & Regular Schedule.
1. Contractor shall provide Collection to Residential Customers on the same day each
week, except for Holidays. Contractor shall provide Collection scheduled for a
Holiday on the weekday or Saturday immediately following the Holiday and all
remaining Collection days in the week one day later than scheduled.
2. Contractor may not change a regularly scheduled Collection day without LUG
approval except for severe and/or extreme weather events that prevent the Contractor
from performing services, in which case any change in Collection days shall be
approved by the LUG Representative. Approval for a permanent change shall be
requested not less than 60 days prior to Contractor’s proposed date of change.
Approval may be given by the LUG’s Representative. If approved, the Contractor
shall notify each Customer of the change in that Customer’s regularly scheduled
Collection day in writing by first class mail at least 2 weeks prior to the change.
Contractor is responsible for notifying Designated MRF of any route changes
approved by the LUG.
3. Contractor shall not begin actual Collection before 7:00 a.m. nor continue after 6:00
p.m., unless authorized by the LUG Representative.
3.03 Customer Service.
A. The Contractor shall provide a toll-free number, emergency number, answering service
for after-hours emergencies and email access with trained Customer service
representatives to resolve Customer issues. Contractor office hours for Customer service
shall be 7:00 a.m. to 4:00 p.m., local time, Monday through Friday, Holidays excepted,
and 8:00 a.m. to 12:00 noon, local time on those Saturdays when service is provided.
B. Complaints. Contractor shall respond to all Customer inquiries and complaints,
including any inquiry or complaint left with the telephone answering service, within 1
LUG Business Day following notice to Contractor and handle complaints substantially as
required by the Customer complaint and billing dispute protocol attached Schedule 10.
C. No referral to LUG. Contractor shall not refer or forward Customers to LUG for
resolution of complaints or answers to inquiries unless Customer insists, in which event
Contractor shall refer Customers to the LUG’s Representative.
D. Employee Training. Contractor shall train its Customer service employees to follow the
Customer complaint and billing dispute protocol upon starting work and periodically
thereafter.
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E. Records. Contractor shall maintain a daily electronic log of every inquiry and complaint
received by Contractor, including: date and time of inquiry or complaint, inquirer’s or
complainant’s name and address (if the individual is willing to give this information),
description of the inquiry or complaint, date and description of response taken or the
reason for non-response, and answer to inquiry or resolution of complaint.
3.04 Collection at Municipal Buildings and Designated Sites
A. Beginning on the service commencement date, Contractor shall Collect all Refuse and
Recyclables placed inside Receptacles at a Set-out Site located at municipal buildings or
facilities in the service area as scheduled without charge to the LUG as found on
Schedule 1. Contractor shall provide LUG with Receptacles in sufficient number and
capacity to contain Refuse and Recyclables. Recyclables Collected from the various
municipal service Receptacles are not required to be transported to the Designated MRF.
B. Within the first year of the Contract term, Contractor shall conduct a Receptacle audit to
assess whether the Receptacles are sufficient in the LUG to hold the volume of material
being discarded. Contractor shall communicate findings of the audit to the LUG
Representative, and propose appropriately sized Receptacles as necessary.
3.05 Receptacle Standards.
A. Size. The standard size Receptacle for curbside pickup shall be 96-gallon containers for
recycling and 64-gallon containers for refuse.
B. Warranty. The Receptacle will be from a major U.S. manufacturer and shall carry a 10-
year warranty from manufacturer defects. They must be made from high density plastics
containing post-consumer recycled content and be recyclable. Minimum wall thickness
for Receptacles must be .175 inches and Minimum Resin Weight (not assembled) 9.6
pounds.
C. Contractor contact information and Disposal prohibitions. Contractor will affix to
each Receptacle, by decal, stencil, or other means approved by the LUG, the following
text
- Contractor’s name and toll-free phone number,
- Hazardous Waste Disposal prohibitions on the inside of the Receptacle lid in
substantially the following form: “State law prohibits Disposal of grass, leaves, and
hazardous materials (such as batteries, paint, and motor oil) in your trash or
Recycling. If these items are identified in, your Receptacles they will be tagged and
not Collected. For safe and lawful Disposal options, call XXX.”
- any Discard weight limitations.
Contractor may combine the text of these items in one or more decals placed inside the
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lid of the Receptacle or hot stamped on the Receptacle. Contractor will document any
hot stamps in purchase orders to Receptacle manufacturers and provide those purchase
orders in Contractor Documentation.
3.06 Maintenance and Delivery of Receptacles. The Contractor shall be responsible for the
maintenance, repair, asset tracking, and delivery/retrieval of Receptacles to the Residential
Customers by the date specified in the Transition Plan at Schedule 12. The Contractor shall
repair or replace the Receptacle, upon receiving notice from the LUG’s Representative, or
Customer, of the need for repair, or if the Receptacle is identified as being unserviceable by the
Contractor by the Customer’s next regularly scheduled Collection day, without charge, unless
there is proven Customer negligence.
3.07 Retrieval of Receptacles. Upon notice of Contract termination, Contractor shall retrieve all
Recycling Receptacles within 15 LUG Business Days of the completion of the Contract scope of
service.
3.08 Contract Service Standards:
A. General. Contractor will perform all Contract services in a prompt, thorough,
comprehensive, reliable, courteous, and professional manner so that Customers receive
high-quality Contract service at all times. Contractor must perform Contract services
regardless of weather conditions except as noted and regardless of difficulty of
Collection, subject to Collection Service Exceptions and Uncontrollable Circumstances.
B. Inadvertent Collection and Delivery of Unpermitted Waste. Contractor shall have an
Unpermitted Waste Protocol, a copy of which shall be located at Schedule 11. If the
Contractor Collects and delivers Unpermitted Waste in violation of the Unpermitted
Waste Protocol, then Contractor shall be responsible for and shall pay the costs to
identify and remove the Unpermitted Waste for proper disposal.
C. Litter and Leaks.
1. Set-out Sites. Contractor will clean up litter in the following places:
a) anywhere, if done by Contractor's employees (for example when Collecting
Receptacles at a Set-out Site, and
b) Contractor will Notify Customer of all instances of repeated litter by that
Customer and document each instance.
2. Transportation
a) Litter. Contractor will transport Solid Waste only in covered Collection vehicles.
Contractor will prevent Solid Waste from escaping, dropping, spilling, blowing,
or scattering from vehicles during Collection and transportation. Contractor will
not transfer loads from one vehicle to another on any public street, unless
necessitated by mechanical failure or accidental damage. Contractor will
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immediately clean up any Solid Waste that it spills or scatters, including Solid
Waste tracked onto any alley, street, or public place when transporting Solid
Waste.
b) Leaks.
i. Contractor will prevent oil, hydraulic fluid, paint, or other liquid from
leaking out of vehicles. Contractor will train its employees to, and its
employees shall, immediately cover leaked fluids with absorbent materials,
remove those materials from the ground, and apply cleaning agent to cleanse
the soiled spot.
ii. Contractor will keep a log of spills that indicate the material spilled, quantity,
and remedial actions taken. Contractor will immediately report any spills
entering or endangering any waterway or storm drain.
3. LUG Reimbursement Costs. If Contractor fails to clean up Solid Waste or liquids
within 2 hours after receiving notice from the LUG of the spill or leak, LUG may
clean up the spill or leak. Upon the LUG’s request, Contractor will reimburse LUG
for LUG’s reasonable costs of cleaning up the spill or leak.
4. Vehicle equipment. Contractor will equip each Collection vehicle with the
following items for cleaning up litter and leaks:
a) broom,
b) rake,
c) shovel,
d) petroleum absorbent materials, and
e) cleaning agents.
D. Respect for Property
1. Private Property. Contractor will use due care collecting solid wastes under this
contract, avoiding damage to private property. Within 2 LUG Business Days, upon
receiving notice of any damage to Customer's property by phone or other medium,
Contractor will determine whether or not the damage to Customer's property was
caused by the inattention, carelessness, or negligence of Contractor's employees. If
Contractor determines that it was responsible for damage, within 5 LUG Business
Days of making its determination, Contractor will reimburse Customer the
Customer’s reasonable and direct costs of repair or replacement of damaged property
to the extent damaged by the Contractor. If Contractor determines that it was not
responsible for damage, within 5 LUG business days of making its determination,
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Contractor will provide the Customer and LUG with reasons for its determination and
documentation supporting that determination. If Contractor and Customer are unable
to agree on the determination of responsibility for damages, the LUG may resolve the
dispute at LUG’s discretion.
2. Receptacles. Contractor will handle Receptacles with due care. Contractor will not
throw or drop Receptacles from trucks or roughly handle, damage, or break them.
Contractor will return Receptacles to within 5 feet of the location from where they
were picked up by Contractor's employees, upright, with lid closed, without
obstructing any passable driveway, sidewalk, or street.
3. Pavement. Contractor is responsible for damage to driving surfaces or other
pavement (including curbs), other than ordinary wear and tear, if LUG or Customer
can demonstrate the following to satisfaction of LUG:
a) that the damage is the result of Collection vehicles exceeding the legal maximum
weight limits allowed under applicable law, or
b) Contractor negligently operated vehicles or moved Receptacles.
However, Contractor may secure a waiver of damage liability and/or Indemnity in a
form satisfactory to LUG if Customer specifically directs Contractor to drive on
private driveways or pavement in the course of providing Collection.
4. Utilities. Contractor is responsible for damage to public and private utilities and
pavement, whether located on public streets or property or private property, when
LUG or Customer can demonstrate to satisfaction of LUG that the damages are the
result of the inattention, carelessness, or negligence of Contractor. LUG or Customer,
as the case may be, may direct Contractor to as soon as practicable based on the
nature of the damage, repair or replace the damaged pavement or utilities to
satisfaction of Customer or LUG, as the case may be, or repair and replace them itself
or through a third party. In that event, Contractor will reimburse Customer the
Customer’s reasonable and direct costs of repair or replacement and LUG its
reimbursement costs of repair or replacement, as the case may be.
E. Vehicles and Drivers. Contractor’s vehicles and Drivers shall comply with the
requirements found at Schedule 18.
3.09 Title to Solid Waste. This Contract does not purport to grant Contractor ownership over
Solid Waste. The right to possession or ownership of Solid Waste discarded at the Set-out Site
for Collection, including Recyclables, will be determined as required by applicable law and not
as a result of this Contract.
3.10 Personnel.
A. Identification, Appearance, Conduct. Contractor will train and require each of its
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personnel to:
1. present a neat, tidy and orderly appearance with uniforms preferred.
2. conduct his or her self in a courteous manner.
3. refrain from using loud or profane language.
4. perform Collection as quietly as possible.
B. No Gratuities. Contractor will not permit its personnel to demand or solicit, directly or
indirectly, any additional compensation or gratuity from Customers or any members of
the public.
3.11 Responsiveness to LUG.
A. Phone calls. Contractor will return telephone calls from LUG to the individual who made
that call no later than the next LUG business day.
B. Meetings. Within one week of oral or written direction by LUG, Contractor will meet
with the LUG during LUG office hours at the offices directed by that LUG.
1. E-mails. Contractor will respond to all e-mails from LUG within 48 hours of receipt
except on weekends and Holidays.
2. Written correspondence. Contractor will respond to written correspondence from
LUG within one week of receipt or other time specified by LUG.
3.12 Cooperation with Waste Studies. Contractor will cooperate with LUG on all waste
composition studies conducted no more frequently than once each Contract year, at no cost to
LUG, including modification of routes, separate Collection of an individual Customer's Solid
Waste, and delivering targeted loads of Solid Waste to a location or locations designated by the
LUG.
3.13 Disposal of Solid Waste from Multi-family Properties Served by Dumpsters.
Contractor shall Collect and Dispose of Solid Waste from multifamily properties served by
dumpsters instead of containers at the rate established in Schedule 1 for each location.
Contractor is encouraged to take Recyclables from these locations to the Designated MRF.
ARTICLE 4. CONTRACTOR SERVICE FEE
4.01 Contractor Service Fee. The LUG will compensate Contractor the Contractor service fee
for providing Contract services in compliance with all Performance Obligations. The LUG
shall pay Contractor as provided on Schedule 1, Items A.1, A.2, A.3.a. B.1.a., C.1-C.3, D.1
and Items 1-13. The monthly total charged for Collection and Receptacles shall reflect
changes to the number of Residential Customers. The rate shall be adjusted annually as
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provided in this Article.
4.02 Inclusiveness. Contractor service fee includes all Contractor's direct costs, indirect costs,
plus profit or return of investment for providing Contract services, including:
A. labor (including wages and fringe benefits), including drivers, Customer service
personnel, supervisors, and administrators,
B. acquisition, repair, and maintenance of Contract Service Assets (including but not limited
to vehicles, equipment, buildings and grounds, and Receptacles),
C. tools and supplies,
D. fuel and utilities,
E. insurance premiums and fees for the letter of credit, performance bond or any further
assurance of performance,
F. taxes,
G. securing and maintaining permits and complying with applicable law,
H. fines and penalties for violation of permits or applicable law,
I. following all Contractor established protocols,
J. Contractor’s negligence or misconduct,
K. fees imposed by regulatory agencies, which are included in the Contract fee,
L. fees charged by Solid Waste Management Facilities, such as State Tip Fee, also known as
the Wisconsin Landfill Disposal Surcharge Fee, which is the fee imposed on all Solid
Waste Disposed in Wisconsin landfills as defined in Wisconsin Statute § 287.645, and as
of the date of the execution of this agreement is $12.997 per Ton, and
M. any other cost of providing Contract services not explicitly compensated by surcharge to
Residential Customer or charge to the LUG.
Reference in this Contract to providing Contract services “without surcharge” or similar
language does not infer that absence of such reference elsewhere in this Contract means
Contractor is entitled to compensation in addition to the Contractor service fee listed on the
Contractor service fee schedule or explicit reference to reimbursement of direct costs or
Contractor’s reimbursement costs.
4.03 Annual Rate Adjustment. The actual annual rate adjustment will be calculated as
described in § 4.04 below, but shall not exceed the maximum annual rate adjustment of [four (4)
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percent (%)] as provided by the Contractor’s proposal. Should the published CPI be more than
two (2) percent (%) greater than the Contractor’s proposed maximum annual rate adjustment for
eighteen (18) consecutive months, the Contractor can request an adjustment to the maximum
annual rate adjustment. Only one adjustment to the maximum annual rate adjustment will be
allowed during the term of the Contract.
4.04 Calculation of Annual Rate Adjustment. The method used to calculate the annual rate
adjustment will depend whether the Contractor is utilizing a diesel-fueled fleet of trucks, or a
compressed natural gas fueled (CNG) fleet. If during the term of the Contract, the Contractor
converts his fleet fuel, the method of calculating the annual rate adjustment will be changed on
August 1st of the year following the conversion.
A. Diesel Fueled Fleets.
The annual rate adjustment (ARA) will be a blended calculation comprised of the
changes in the CPI and fuel cost indices over the prior year, and computed as follows:
ARA = ((CPI * X) + (FPI* Y))
Where:
CPI = Annual Consumer Price Index Adjustment
CPI = ((CPI2 – CPI1)/CPI1)
CPI1 = published CPI-U for the first half of the prior year
CPI2 = published CPI-U for the first half of the current year
CPI-U = Consumer Price Index for the Milwaukee-Racine Metro Area, All Items,
All Urban Wage Earners and Clerical Workers, published by the US Department
of Labor, Department of Labor Statistics. http://www.bls.gov/ro5/cpimilw.htm
FPI = Annual Fuel Adjustment - Diesel Fuel Only
FPId = Fuel Price Index for Diesel Fuel*
FPI = ((FPI d 2 – FPI d 1)/FPI d 1)
FPId 1= average published monthly diesel price from July-June of prior year
FPId 2= average published monthly diesel price from July-June of the most current
12 months.
*The FPI d shall be based on the Diesel Fuel Price Index for Midwest (PADD 2)
No. 2 Diesel Ultra Low Sulfur (0-15ppm) Retail Prices (Cents per Gallon)
published indices, from the U.S. Department of Energy, Energy Information
Administration. http://www.eia.gov/dnav/pet/pet_pri_gnd_dcus_r20_m.htm
B. Natural Gas Fueled Fleets. The annual rate adjustment will be the CPI.
C. Rounding.
1. Calculations. Calculations must be rounded up or down to the nearest
1/100th decimal place (for example, 17.674 is rounded to 17.67; 17.678 is
rounded to 17.68). 5 must be rounded down (for example, 101.965 to 101.96).
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2. Dollars. Adjustment in Contractor service fee must be rounded to nearest
penny.
D. Effective date of Rate Adjustment Beginning August 1, 2017, Contractor’s service
fees will be adjusted annually based on changes in the Consumer Price Index (CPI)
for the Milwaukee-Racine Metro Area (All Items = All Urban Wage Earners and
Clerical Workers, published by the US Department of Labor, Department of Labor
Statistics), and published fuel price indices over the prior year, using weighted
percentages provided in Schedule 1.
E. Submission of Annual Rate Adjustment. Contractor will prepare a statement setting
forth Contractor’s detailed calculation of Contractor’s requested annual rate
adjustment in Contractor service fee using the computer spreadsheet described in
Schedule 6, or other format prescribed by LUG and submit the same no later than
August 15th.
F. Applicable Cost Components. The annual rate adjustment will apply only to that
portion of the total fee associated with Collection, transportation, and Disposal of
materials. The annual rate adjustment will not apply to the State Tipping Fee or
monthly charges related to the provision of Receptacles.
4.05 Invoices.
A. Invoices shall be submitted by the Contractor for Service provided through the end of
the month, on a form to be specified by the LUG. A sample invoice is provided in
Schedule 7, which shall be subject to change, as determined by the LUG. The
application for payment shall identify any changes to the scope of services, such as
number of households, during the month.
B. The LUG’s Representative will review invoices for payment and contact Contractor
regarding discrepancies or errors. LUG will pay invoice 30 days from receipt except
for any unresolved discrepancies or errors. LUG shall not pay invoice with a credit
card and if so chooses, shall reimburse Contractor all transaction fees associated with
transaction.
C. The LUG’s Representative’s approval of any invoice, shall constitute a representation
to the LUG’s Governing Body that the conditions precedent to the Contractor being
entitled to payment as set forth herein have been fulfilled. The LUG may refuse to
approve, in whole, or in part, a payment application, if, in his/her opinion, he/she is
unable to make the representation to the LUG’s Governing Body that all conditions
precedent to the Contractor being entitled to payment have been satisfied. The
LUG’s Representative may also refuse to approve any such payments, or, because of
subsequently discovered evidence or the results of subsequent inspections or tests,
nullify any previous approval of such payment, to such extent as may be necessary in
his/her opinion to protect the LUG from loss because:
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- the work is defective,
- claims have been filed or there is reasonable evidence indicating the possible
filing thereof; or
- the Contract fee has been reduced because of a change, or modification, of the
Performance Obligation.
D. Any reimbursement due to the LUG, other than Liquidated or Compensatory Damages,
shall be subtracted from the amount owed to Contractor when paying the invoice. The
reason or purpose for the reimbursement shall be explained in writing by the LUG along
with the LUG’s payment.
ARTICLE 5. COMPLIANCE WITH APPLICABLE LAW
5.01 Compliance. Contractor shall comply with all applicable laws, including securing and
maintaining all permits. No Performance Obligation may be construed to relieve Contractor of
any obligations imposed by applicable law. Contractor will apply and pay for any permits at
Contractor’s sole cost. Contractor will show proof of permits and will demonstrate compliance
with the terms and conditions of permits promptly at the request of LUG.
5.02 References. References in this Contract to particular provisions or requirements of
applicable law may not be construed to limit Contractor’s obligation to comply with all
provisions of applicable law. Those references are intended to facilitate Contractor’s satisfaction
of its Performance Obligations and LUG’s administration and specific enforcement of this
Contract and may not be construed to constitute lack of obligation to comply with other
provisions or requirements of applicable law not specifically referred to or cited in this Contract.
If any provision of this Contract is more stringent than applicable law, Contractor will comply
with that provision, unless preempted by that law.
5.03 Fines and Penalties. Contractor is solely liable for all fines and penalties that are imposed
on Contractor or due to Contractor’s actions, including fines and penalties that are the result of
Contractor’s violation of applicable law (including permits). Contractor will not seek
reimbursement from LUG or any Customer for any fines or penalties.
5.04 LUG's Protection of Public Safety, Health, and Welfare. Contractor warrants and
represents that it is fully acquainted with the provisions of the LUG Code. No provision in this
Contract may be deemed to limit LUG’s police power to take any action that LUG deems
necessary or appropriate in its sole discretion to protect the public's safety, health, and welfare.
ARTICLE 6. RECORDS, REPORTING AND AUDITS
Contractor acknowledges LUG’s right to review Records and receive reports, for the purposes of
enforcing Customers’ rights, evaluating Contractor's performance under and compliance with
this Contract, exercising LUG’s rights to perform, or cause a third person to perform,
Contractor’s Performance Obligations in certain events, such as defaults and Uncontrollable
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Circumstances; and determining and corroborating the amount of any Contractor Payment
Obligation.
6.01 Records
A. Maintenance. Contractor will keep accurate and complete Records. Contractor will
grant access to those Records to any person duly authorized by LUG.
B. Preservation and Retention. Contractor shall accurately preserve and retain Records
for 7 years in accord with 19.21, Wis. Stats. Any Record which is still required to be
retained at the termination of this Contract or any extension thereof, shall be turned
over to the LUG at that time.
C. Response to Open Records Request.
1. Pursuant to the requirements of §19.36 (3), Stats., that the LUG shall make
available for inspection and copying under §19.35 (1), Stats., any record produced
or collected under a Contract entered into by the authority with a person other than
an authority to the same extent as if the record were maintained by the authority
except for the inspection or copying of a record under § 19.35 (1) (am), Stat., the
Contractor shall provide to LUG within 7 LUG Business Days any Record it
requests so that the LUG can comply with an Open Records request.
2. Indemnification. In addition to, and not to the prejudice or exclusion of anything
under this Agreement or any documents incorporated by reference in this
Agreement, Contractor will indemnify and save LUG harmless from, accept
tender of defense of LUG, and pay to LUG, all liabilities and losses asserted
against or imposed on the LUG or LUG Related Parties based on any of the
following:
a. Contractor failing to provide LUG with requested Records upon LUG
request, or
b. LUG failing to timely respond to a Records request due to Contractor’s failure
to timely provide Records under this Article.
D. LUG Custody. If the LUG has reason to believe that records may be lost, discarded or
destroyed for any reason, the LUG may require that Contractor give LUG custody of any
or all Records related to this Contract.
E. LUG Inspection and Audit.
1. Location. Upon 3 LUG Business Days advance telephonic or written request by
LUG, Contractor will provide copies of Records to LUG and its designees for
inspection, review, or audit at the LUG ’s offices. If Contractor cannot provide the
LUG with copies of Records within 3 LUG Business Days, Contractor will make
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those Records available to the LUG or its designees for inspection, review, or audit at
Contractor’s office during Contractor’s office hours.
2. Scope of inspection or audit. LUG may do any or all of the following:
a.) inspect and review Records at any time following notice under subdivision (1)
above, or
b.) audit Records once each Contract year,
including verification of any of the following:
a.) any Contract fees,
b.) Solid Waste Tonnage Collected, processed, Diverted, or Disposed,
c.) Customer complaint logs, and
d.) other Records that confirm compliance with Performance Obligations.
Upon request, Contractor will provide LUG or its designees with any additional
information (such as primary Records supporting reports) relevant to this Contract within
5 LUG Business Days.
3. LUG’s Audit Reimbursement Costs. The Contractor will reimburse the LUG the
costs it incurs for conducting an audit in the following instances. For purposes of this
paragraph, “discrepancy” means the difference between Records and the following:
a) any amounts Contractor paid to the LUG or
b) Tonnage or amounts of Solid Waste (by type) that Contractor reported to the LUG
for a Contract year.
• Discrepancy 3% or more. If the discrepancy is 3% or more, Contractor will
pay LUG’s reimbursement costs for the audit.
• Discrepancy less than 3% but more than 1%. If the discrepancy is less than
3% but more than 1%, Contractor will pay ½ of LUG’s reimbursement costs
for the audit.
• Discrepancy 1% or less. If the discrepancy is 1% or less, Contractor is not
obligated to reimburse LUG’s costs for the audit.
c) In the case of a discrepancy, the LUG shall share the results of its audit with
Contractor and the parties shall refund or reimburse the other for over/under
charges in the next monthly invoice after the audit is complete and given to the
Contractor.
F. Updated Inventory. Within 10 Days of LUG request, Contractor will update all or a
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portion of its inventory of Contract Service Assets included in Contractor Documentation
to reflect acquisition or replacement of Contract Service Assets.
6.02 Service Materials Use by LUG. LUG may use without restriction the work product,
whether computerized, written, printed, or photographic, that Contractor develops in connection
with Contract services, including route plans, reports, and public education / community
relations materials.
6.03 Reporting.
A. Monthly. Contractor will deliver a complete monthly report to the LUG [and the County]
in a single submission and in a form prescribed by the LUG no later than the 20th day of
the following month, including, but not limited to the information required by Wisconsin
Administrative Codes NR 502.06(4)(g) and NR 544.10(2)(d), utilizing the forms found at
Schedule 15.
B. Annual. Contractor will submit a complete Annual Report to the LUG [and the County]
in a single submission and in form prescribed by the LUG no later than 45 days after the
end of each year, including the information required by Wisconsin Administrative Code
NR 544.10(2)(d), for the preceding Contract year utilizing the forms found at Schedule
15.
C. Additional Information. Contractor will incorporate into future reports additional
information as requested by the LUG.
D. LUG Reports. Each month the LUG shall provide the Contractor the address for each
new Residential Customer so that Contractor can deliver Recycling Receptacle to
Customer by next Collection day. The LUG shall also notify the Contractor if there is a
decrease in Residential Customers due to the termination of residential use.
6.04 Financial Records and Reports.
A. Maintenance of Records.
1. Content. Contractor will maintain accurate and complete financial Records of the
following:
a.) payments to LUG including Contractor Payment Obligations
b.) costs and expenses associated with providing Contract services, whether by
Contractor or an Affiliate.
Contractor may maintain financial Records associated with Goods or services provided
by an Affiliate in the office of the Affiliate but will provide LUG with a copy of those
Records within 10 LUG Business Days of LUG request.
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2. Form. Contractor will maintain its financial Records on an accrual basis and as
required by generally accepted accounting principles.
B. Contractor’s audited financial statements.
1. Contractor’s annual submission. Together with the annual report, Contractor will
deliver to LUG 1 copy of Contractor's most recent audited financial statements,
including the following:
a.) any accompanying statement or opinion by the accountant who prepared them
respecting that accountant’s audit,
b.) representation and warranty of a knowledgeable financial officer of Contractor
that the information is accurate and complete and does not contain any material
misstatements or omissions, and
c.) representation and warranty of a knowledgeable officer of Contractor that there
is no then existing breach other than any disclosed breaches.
C. Review and meet. LUG and its designees may review the accountant’s audit plan and
work papers. Contractor and its accountant(s) will meet with LUG and its designees, to
answer questions or discuss differences of opinion within two (2) weeks of LUG's
request.
6.05. RIGHT TO INSPECT AND AUDIT OPERATIONS
The LUG reserves the right to inspect and/or audit all Contractors operations, vehicles,
equipment and routes related to the performance of this Contract. Such inspections shall only be
undertaken by LUG to assure that the Contractor is complying with the terms of the Contract,
applicable law, and applying best efforts to attain the goals of this Contract as stated in the
Request for Proposal. For any inspection of the Contractors’ facilities, the LUG will provide
five (5) LUG Business Days notice.
6.06 Customers' Privacy.
A. Protection of Customer privacy.
1. Non-Disclosure. Contractor will not disclose to any person other than the LUG or its
designee any information identifying the following:
a) an individual Customer, or
b) the composition or contents of a Customer's Solid Waste,
unless
a) upon the authority of a law or order or request of a regulatory or government
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entity, or
b) pursuant to written authorization of the Customer or the LUG.
2. No marketing. Contractor will not market or distribute mailing lists with the name or
address of Customers.
B. Cooperation with LUG. Subsection (1) may not be construed to preclude Contractor
from doing any of the following:
1. preparing, participating in, or assisting in the preparation of waste characterization
studies or waste stream analyses that may be required by the LUG or applicable law,
2. assisting LUG to meet the requirements of the recycling program and applicable law,
3. keeping Records,
4. providing the LUG with a copy of Records or discussing those Records with the
LUG,
5. allowing the LUG to review or audit Records, or
6. making reports.
ARTICLE 7. INDEMNITIES, INSURANCE, SURETY
7.01 Insurance
A. Coverage Requirements. Without limiting its Indemnities, Contractor will secure and
maintain insurance coverage meeting the requirements in this section. The LUG, its
boards, commissions, agencies, officers, employees and representatives must be named as
additional insured with respects to the coverage and so stated on the certificate of
insurance for all policies.
i. Worker’s Compensation and Employer’ Liability insurance – Statutory
worker’s compensation benefits and employers’ liability insurance with a
limit of liability not less than $100,000 each accident. Contractor shall
require subcontractors not protected under its insurance to take out and
maintain such insurance.
ii. Commercial General Liability insurance– Policy shall provide coverage
for premises and operations, products and completed operations, personal
injury and blanket Contractual coverage. Limits of liability are not less
than $1,000,000 per occurrence and aggregate. No claims-made polices
will be accepted.
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iii. Automobile Liability insurance – Business automobile policy covering all
owned, hired and non-owned private passenger autos and commercial
vehicles. Limit of liability not less than $1,000,000 combined single limit.
Policy shall be issued with a Symbol 1.
iv. Umbrella Liability insurance – Coverage to be in excess of employers’
liability, commercial general liability and automobile liability insurance
required above. Limits of liability not less than $5,000,000 each
occurrence, $5,000,000 aggregate.
B. Insurer qualifications. Contractor will secure insurance provided by an insurer meeting
the following qualifications:
1. is acceptable to the LUG,
2. is an admitted company in Wisconsin,
3. has a size category of VII or larger by A.M. Best Company, Inc., and
4. has a rating of A or better by A.M. Best Company, Inc.
C. Insurance Coverage Requirements for Subcontractors. Contractor will ensure each
subcontractor performing Collection by providing evidence that either:
1. Contractor is maintaining insurance required by this section covering the activities of
the subcontractor, or
2. the subcontractor is maintaining that insurance itself.
D. Evidence of Coverage. Contractor will provide endorsements, schedules, and other
evidence of coverage as listed below with respect to Contractor and any subcontractor
requested by and acceptable to the LUG, at the following times:
a. on or before the Contract execution date,
b. within two weeks upon renewal of policies, and
c. within 10 LUG Business Days of the LUG’s request.
a) Certificates of insurance. Contractor will provide certificates (or other evidence
of coverage) containing at a minimum, the following information with respect to
Contractor and any subcontractor:
(1) Contract name: explicitly identifying this Contract (for example, UNDER
DESCRIPTION OF OPERATIONS), and if necessary to secure Contractual
liability coverage as an “insured Contract” or otherwise, including a schedule
or endorsement that specifically identifies this Contract;
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(2) Types, policy numbers, policy effective / expiration dates and limits:
explicitly reference each type and corresponding limit of coverage required
under this Contract, together with the following:
• policy numbers,
• effective / expiration dates, and
• The certificate of insurance must specifically reference the required type of
coverage (such as “pollution liability” under TYPE OF INSURANCE –
OTHER) together with a summary description of its coverage (such as
“pollution conditions caused by transported cargo” under SPECIAL
PROVISIONS);
(3) 30 days’ cancellation or non-renewal notice: containing the express
condition that LUG must be given written notice by mail at least 30 days in
advance of cancellation or non-renewal for all policies evidenced on the
certificate of insurance. Certificate of insurance cannot contain mere "best
effort" modifiers or relieve the insurer from its responsibility to give that notice
and the CANCELLATION information on the certificate of insurance must
delete language such as “failure to do so shall impose no obligation or liability
of any kind upon the insurer, its agents, or representatives”.
(4) Deductibles and self-insured retentions: identifying any deductible and self-
insured retention. Upon LUG request, Contractor will reduce any self-insured
retention as it applies to any LUG or provide a letter of credit, certificate of
deposit, or other financial assurance acceptable to LUG guaranteeing payment
of all retained losses and related costs and expenses related to investigations,
claims administrations, and legal defense. The letter of credit or certificate of
deposit must be provided by a bank satisfactory to LUG; and
b) Endorsements: Contractor must provide copies of the following endorsements
applicable to all policies except workers compensation and employer’s liability
with respect to Contractor and any subcontractor satisfactory to the LUG:
(1) additional insured endorsement to each liability policy, explicitly adding
LUG’s Related Parties as additional insured;
(2) waiver of subrogation;
(3) insurance is primary and not contributory with any other insurance or self-
insurance programs maintained by LUG and its officers and employees;
(4) providing dedicated limits under a liability policy in favor of LUG.
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c) Schedules: Contractor must provide schedules or other evidence that liability
policies of Contractor and any subcontractor provide Contractual liability
coverage for indemnities, such as listing this Contract as an “insured Contract.”
d) Signature verification. At LUG’s request, Contractor must provide
documentation verifying that the individual signing or countersigning the
certificates, policies, endorsements, or other evidence of coverage of Contractor
and any subcontractor is authorized to do so and identifies his or her company
affiliation and title. The LUG may require complete, certified copies of
Contractor's insurance policies at any time.
C. Notice of claims. If any Person makes a claim against Contractor or any subcontractor
relating to the provision of services under this Contract exceeding the amount of any
deductibles or self-insured retentions, Contractor will notify the LUG of the claim within
5 LUG Business Days.
7.02 Contractor Indemnity, Defense, and Release
A. Liabilities and Losses means liabilities; lawsuits; claims; complaints; causes of action;
citations; investigations; demands; clean-up orders; damages (including actual, special,
consequential, and punitive) whether in Contract or in tort, such as natural resource,
property, and personal injury damages; costs and expenses, including (1) all costs and
expenses of litigation, mediation or arbitration, attorney’s fees (whether LUG’s or
Contractor’s staff attorneys or outside attorneys), expert witness fees, accountant’s fees,
engineer’s fees, consultant’s fees, and court costs, and (2) response remediation and
removal costs; losses; debts; liens; mediation, arbitration, legal, or administrative
proceedings; interest; fines, charges, and penalties; and other detriments of every nature
and description, whether under state or federal law.
B. General. To the extent allowable under applicable law, Contractor shall indemnify,
defend with counsel approved by the LUG, release, and hold harmless LUG and LUG’s
Related Parties from and against all liabilities and losses paid, incurred, or suffered by, or
asserted against, LUG or LUG’s Related Parties, but only to the extent that those
liabilities and losses are caused by the following:
1. Contractor Negligence or Misconduct. The wrongful, willful, or negligent act, error
or omission, or the misconduct of Contractor;
2. Non-Customer Materials. The Collection, transporting, delivery, Recycling,
processing, composting, Disposal, or other handling by Contractor of Solid Waste and
Unpermitted Waste that Contractor Collects outside the Contract Service Area or
from persons other than Customers;
3. Failure to Comply with Unpermitted Waste Screening Protocol. The failure of
Contractor to train its employees as required by applicable law and the Unpermitted
Waste screening protocol;
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d. Contractor-identified Unpermitted Waste. The improper or negligent Collection,
handling, delivery, processing, Recycling, composting, or Disposal by Contractor of
Unpermitted Waste that Contractor inadvertently Collects but that Contractor
identifies as Unpermitted Waste before its delivery, processing, Recycling,
composting, or Disposal.
LUG acknowledges that the mere presence of Hazardous Waste in Solid Waste will not
constitute negligence or in and of itself create any liability on the part of Contractor
absent any of the circumstances described in items (1) through (4) of this subsection.
C. LUG Negligence Excluded. Contractor is not required to reimburse or indemnify LUG
to the extent any liabilities or losses are due to the negligence of LUG with respect to
Contract services.
D. Indemnity During Term Only. Contractor’s Indemnity is limited to liabilities and losses
resulting from Contract services provided by Contractor from the Contract execution date
through the termination date. However, CONTRACTOR’S OBLIGATIONS UNDER
THIS SECTION WILL SURVIVE THE EXPIRATION OR TERMINATION OF THIS
CONTRACT
E. Statutory Agreement. Contractor’s Indemnity described under this section is intended to
operate as an agreement under 42 U.S.C. Section 9607(e) and any corresponding
applicable law provisions of Wisconsin, to insure, release, protect, hold harmless, and
indemnify LUG from liabilities and losses as required by this section. (for example, a
driver accepting a Customer bribe and illegally disposing of Unpermitted Waste that
upon identification thereof, must be segregated and transported as required by
applicable law).
F. Reimbursement of Enforcement Costs. If Contractor fails to pay any indemnities and
that failure results in any costs to LUG, within 15 LUG Business Days of LUG request,
Contractor will reimburse the LUG for those costs.
7.03 Surety Instrument. Contractor will provide for either a) the issuance of an irrevocable
standby Letter of Credit by a bank approved by the LUG in its sole discretion, for the benefit of
LUG, or b) a performance bond (Bond) from an insurance company licensed to transact business
in the State of Wisconsin. The surety instrument must authorize the beneficiary LUG to draw, in
one or more drawings, not less than 12 months of the estimated service costs of the LUG. LUG
may draw on the surety as evidenced to the satisfaction of the LUG when there is a default as in
§8.02.
The surety instrument must expire on the date on which the Bank or insurance receives a
certificate from the LUG saying that:
A. this Contract has expired, or
B. this Contract has been terminated for a period of 180 days or other preference period
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provided under applicable law with respect to bankruptcy or insolvency, or
C. Contractor has substituted an alternative letter of credit, performance bond, or other
security document acceptable to the LUG in the LUG’s sole discretion, and
D. Contractor does not owe LUG any money.
THIS SECTION WILL SURVIVE THE TERMINATION OF THIS CONTRACT. The surety
instrument must be transferable to any successor or assigns of the LUG.
7.04 Assurance of Performance. In its sole discretion and in addition to all other remedies it
may have, LUG may demand from Contractor reasonable assurances of full satisfaction of
Performance Obligations by a specified date, in any or all of the following events:
A. Labor unrest: Contractor is the subject of any labor unrest (including work stoppage or
slowdown, sick-out, picketing, lock-out, or other concerted job action) in excess of 6
days;
B. Monetary judgments: Contractor is the subject of fines, penalties, or civil or criminal
judgment or order entered by a regulatory authority, which judgment is in excess of the
past 12 months’ Contractor service fees or requires estimated expenditure by Contractor
in excess of those 12 months’ Contractor service fees.
ARTICLE 8. BREACHES, DEFAULTS AND REMEDIES
Contractor acknowledges that LUG may enforce this Contract and exercise its remedies under
this Contract in its sole discretion.
8.01 Certain Breaches, Liquidated Damages, and Specific Compensatory Damages
A. Notice. If LUG determines that Contractor is in breach, LUG may assess compensatory
damages or liquidated damages after giving notice to Contractor identifying and
describing the breach. Contractor will pay damages within 20 days of receiving the
notice of assessment.
B. Dispute. Contractor may dispute the assessment of compensatory damages or liquidated
damages by notice to LUG within 20 days of receiving the notice of assessment, but will
pay assessed compensatory damages or liquidated damages pending resolution of its
dispute. In that notice of dispute, Contractor must describe the basis for its dispute and
include relevant documentation. The chief administrative officer of LUG or his or her
designee will review the notice of dispute and make a determination as soon as
practicable. His or her determination will be final. If he or she determines that the LUG
should not have assessed all or a portion of the compensatory damages or liquidated
damages, the LUG will return all or a portion of the compensatory damages or liquidated
damages to Contractor. Contractor acknowledges that compensatory damages and
liquidated damages do not constitute fines and penalties imposed by LUG as a
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governmental or regulatory entity, but as a Contracting party.
8.02 Defaults. Each of the following acts or omissions described in this Section constitutes a
default under this Contract:
A. Contract Service Defaults:
1. Uncured Breach: Contractor breaches this Contract; and
a) the LUG notifies Contractor that an identified breach has occurred; and
b) Contractor does not correct that breach within 20 days of receiving the LUG’s
notice.
If Contractor believes that it cannot cure the breach within 20 days, Contractor
a) may notify the LUG within 5 days of receiving the LUG’s notice, explaining why
Contractor believes it needs additional time to effectuate a cure and proposing
schedule for cure, and
b) will diligently proceed to cure the breach within that schedule.
The LUG, in its sole discretion, may take any of the following acts:
a) accept Contractor's proposed schedule of cure, or
b) make a written demand that Contractor cure the breach within an alternative time
period set by the LUG, or
c) exercise any remedies under this Contract, including terminating this Contract at
the end of the 20 day period.
2. Repeated Breach. Contractor repeatedly or habitually breaches this Contract, as
determined in the sole discretion of the LUG.
3. Contract Service Failures
a) Contractor fails to Collect the following percent of pickups (regularly scheduled
or by appointment) at Customers’ Set-out Sites (subject to Collection Service
Exceptions):
(1) 10% or more for more than 7 consecutive days,
(2) 5% or more during a 12-month period; LUG does not have to wait until the
end of the 12-month period to declare this Default, or
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4. Failure to Comply With Law:
a) Violation
(1) Contractor does not cure any violation of applicable law to the satisfaction of
the LUG or applicable regulatory authority within 30 days of the notice,
assessment, or determination of that violation of applicable law; or
(2) Repeated. Contractor repeatedly, in judgment of LUG, receives a notice,
assessment, or determination of the same or different violation of applicable
law.
b) Contests. If Contractor is entitled to contest, and in good faith does contest a
notice, assessment, or determination of violation of applicable law, no default will
be deemed to have occurred until a final decision adverse to Contractor is entered.
5. Criminal Activity: Contractor fails to effectuate cures or to timely terminate and/or
replace any Contractor Representative under Section 8.02.
6. Failure to Timely Pay Contractor Payment Obligation: Contractor fails to pay any
Contractor Payment Obligation within 15 days of the date it is due and payable.
7. Failure to Allow LUG to Perform Contract Service: Contractor fails to timely
allow LUG to exercise any of LUG’s rights in connection with performing Contract
services under § 8.09.
B. Performance Assurance Defaults
1. Failure to Provide Performance Assurance: Contractor fails to provide any
performance assurance.
2. Seizure, Attachment: Any Contract Service Asset is seized, attached, or levied upon
(other than a pre-judgment attachment) so as to substantially impair Contractor's
ability to timely and fully perform Contract services, and which cannot be released,
bonded, or otherwise lifted within 48 hours, excepting weekends and holidays.
3. Insolvency, Bankruptcy, Liquidation:
a) Contractor:
(1) files a voluntary claim for debt relief under any applicable bankruptcy,
insolvency, debtor relief, or other similar law now or hereafter in effect,
unless Contractor retains full control of Contract Service Assets throughout
the pendency of that claim, or
(2) consents to the appointment of or taking of possession by a receiver,
liquidator, assignee (other than as a part of a transfer of Contract Service
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Assets no longer used to provide Contract services), trustee (other than as
security of an obligation under a deed of trust), custodian, sequestration,
administrator (or similar official) of Contractor for any part of Contractor's
operating assets, or any substantial part of Contractor's property, or
(3) makes any general assignment for the benefit of Contractor's creditors, or
(4) fails general to pay Contractor's debts as they become due, or
(5) takes any action in furtherance of any of the foregoing.
b) Court Ordered:
(1) a court having jurisdiction enters a decree or order for relief in respect of this
Contract, in any involuntary case brought under any bankruptcy, insolvency,
debtor relief, or similar law now or hereafter in effect, or
(2) Contractor consents to or fails to oppose any similar proceeding, or
5. (3) any court having jurisdiction enters a decree or order appointing a receiver,
liquidator, assignee, custodian, trustee, sequestrator, administrator (or similar official)
of Contractor or for any part of Contractor's operating equipment or assets, or orders
the winding up or liquidation of the affairs of Contractor. Transfer: Contractor
makes a Transfer without LUG consent required by § 10.02.
6. Subcontract: Contractor engages a subcontractor or enters into a subcontract without
LUG knowledge and consent and does not terminate that subcontract within 15 LUG
business days of LUG notice.
C. False Representations; Breach of Warranties.
1. Under this Contract.
a) Contractor makes a representation or certification in or under this Contract,
which Contractor knows, or in the course of diligently conducting business and
providing Contract services should have known, is untrue on the date Contractor
made it.
b) Contractor breaches a warranty under this Contract.
2. As inducement to enter into this Contract. Contractor makes a representation or
fails to make a disclosure, whether within this Contract or otherwise, to LUG in
connection with or as a material inducement to entering into this Contract or any
future amendment to this Contract, which representation or failed disclosure is false
or misleading in any material respect when made.
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8.03 Breaches and Defaults Excused
A. Uncontrollable Circumstance/prevention and mitigation. To the extent that the default
is due to an Uncontrollable Circumstance, Contractor will not be deemed in default for
breach of its Performance Obligations under the following sections:
1. Section 8.02(A)(1) and (2) (uncured breach; repeated breach), except to the extent
that a breach constitutes a default otherwise itemized in Section 8.02, or
2. Section 8.02(A)(3) (contract service failures)
if Contractor exerted the following best efforts:
1. to prevent the breach, and
2. to mitigate the effects of the Uncontrollable Circumstance.
For example, if Contractor breaches the Contract by failing to provide insurance, which
breach constitutes a specific default under Section 8.02B, that breach is not excused by
an Uncontrollable Circumstance.
B. Contractor notice of Uncontrollable Circumstance. Contractor will give immediate
notice of an Uncontrollable Circumstance to the LUG, including:
1. Describing the breach for which Contractor seeks to be excused;
2. the expected duration of the Uncontrollable Circumstance;
3. the extent to which Contractor may curtail Contract services;
4. any requests or suggestions to mitigate the adverse effects of the Uncontrollable
Circumstance.
C. LUG’s Rights.
1. Perform Contract services. Notwithstanding that a breach due to Uncontrollable
Circumstances does not constitute a default, after the continuance of the breach for 48
hours LUG may nevertheless, in its sole discretion, perform Contract services in the
Contract Service Area itself as allowed by § 8.09.
2. Exercise other remedies. After the continuance of any breach for 30 days, LUG
may, in its sole discretion, exercise any other remedy under this Contract, including
suspending or terminating this Contract as provided in § 9.01.
8.04 Remedies
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A. As provided by law. Either party may exercise any and all remedies available under law
or equity for the other party’s breach of this Contract. A party’s exercise of any one
remedy, including LUG’s assessing liquidated damages, is not an election of remedies
but is cumulative with any other available remedies.
B. LUG’s additional remedies. In addition to exercising any remedy available under law or
equity, upon occurrence of a default, LUG, in its sole discretion, may exercise any or all
of the following additional remedies:
1. Terminate this Contract or any portion of Performance Obligations as authorized by §
9.01(A);
2. Suspend this Contract or any portion of Performance Obligations as authorized by §
9.01(B);
3. Perform Contract services as allowed by § 8.09;
4. Injunctive Relief / Damages seek to obtain injunctive relief and/or damages;
5. Damages: assess liquidated damages, compensatory damages and any other damages
under law, and
6. Financial Assurances: drawing on the Letter of Credit or Bond, demanding payment
under indemnities, or submitting claims under insurance.
D. Contractor Payment Obligations. LUG may Collect Contractor Payment Obligations
due and owing by Contractor to LUG by any or all of the following means:
1. demanding payment from Contractor,
2. drawing on the Letter of Credit or Bond if Contractor fails to pay an undisputed
Payment Obligations within 15 days after notice from the LUG,
3. submitting claims as an additional insured under insurance policies or under
Contractual liability provisions of insurance policies, and
E. Dispute Resolution. The Parties available legal remedies notwithstanding, the Parties
agree to participate in good faith to resolve any dispute, claim or controversy arising out
of or relating to this Contract. If the dispute, claim or controversy is not resolved by
negotiation, the Parties may agree to participate in mediation in good faith prior to
exercising legal remedies. The Parties shall share equally in the cost of mediation.
8.05 Additional Compensatory Damages. Without limiting the LUG’s rights to seek
compensatory damages under § 8.01 or law, LUG may seek the following compensatory
damages:
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A. Amounts equal to any Contractor Payment Obligations or other amounts that Contractor
has previously paid to LUG but are subsequently recovered from that LUG by a trustee in
bankruptcy as preferential payments or otherwise;
B. If LUG terminates this Contract for default, that LUG’s reimbursement costs to provide
or re-procure services in lieu of Contract services; and
C. If LUG terminates this Contract for default, LUG’s projected direct costs of replacing
services in excess of Contractor service compensation for the balance of the term
remaining if this Contract had not been terminated, as based on service fees under
replacement agreements for those services.
THIS SECTION WILL SURVIVE THE TERMINATION OF THIS CONTRACT FOR 180
DAYS OR OTHER PREFERENCE PERIOD PROVIDED UNDER APPLICABLE LAW
WITH RESPECT TO BANKRUPTCY OR INSOLVENCY. LUG may draw upon the Letter of
Credit, Bond, or any other available performance assurance to pay compensatory damages.
8.06 Waivers
A. Waiver of Breach. No waiver of any breach or default constitutes a waiver of any other
breach or default. Failure of LUG to enforce any provision of this Contract may not be
construed as a waiver of LUG’s enforcement rights. LUG’s subsequent acceptance of
any damages or other money paid by Contractor may not be deemed to be a waiver by
LUG of any pre-existing or concurrent breach or default.
8.07 Jurisdiction; Venue, Costs
A. Jurisdiction. Parties will bring any lawsuit arising out of this Contract in Wisconsin
State courts, which will have exclusive jurisdiction over those lawsuits.
B. Venue. Venue is made in and will be performed in courts sitting in Waukesha, WI,
to the extent permitted by Applicable law.
8.08 Enforcement Costs. Contractor will reimburse LUG upon request for either or both of the
following LUG’s reimbursement costs:
A. investigating any alleged breach, when such investigation concludes that Contractor was
in breach, when appropriate in LUG’s judgment, or
B. incurred by LUG as a consequence of a breach.
8.09 LUG Right to Perform
A. Events. LUG may perform, or provide for the performance of, any or all Performance
Obligations such as Collection, transportation, and delivery of Solid Waste to the
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Disposal facility upon the occurrence of either of the following events determined by the
LUG in its sole discretion:
1. Failure to Collect for 48 hours: Contractor, due to Uncontrollable Circumstances or
for any reason whatsoever, fails, refuses, or is unable to Collect any Solid Waste and
transport it to the Disposal facility or the designated Recyclables drop-off site, for a
period of 48 hours after the Collection was required under this Contract, and the LUG
determines in its sole discretion that there is a danger to the public health, safety, or
welfare; or
2. Suspension or termination of Contract: LUG suspends or terminates all or a
portion of this Contract.
B. Continuation. LUG has no obligation to continue performing or providing for the
performance of any or all Performance Obligations and may at any time, in its sole
discretion, cease to provide any or all Performance Obligation. However, LUG’s right to
perform or provide for the performance of any or all Performance Obligations will
continue until either of the following:
1. Resumption of Service: Contractor can demonstrate to the LUG’s satisfaction that
Contractor is ready, willing, and able to resume timely and full performance of all
Performance Obligations, or
2. Alternative service arrangements: LUG can make alternative arrangements for
providing services, in its judgment comparable to Contract services in scope and
price, which may include Contracting with another service provider.
C. notice. The LUG may give Contractor 24 hour oral notice that LUG is exercising any or
all of LUG’s rights under this Section. The oral notice will be effective immediately, but
within another 24 hours, LUG must confirm that oral notice with written notice.
E. Records. At the LUG request, Contractor will immediately provide the LUG or its
designees with immediate access to Contractor’s office at any time LUG it is exercising
its rights under this section with respect to those Records related to routing and
Customers’ frequency and level of Contract Service.
8.10 Liquidated Damages: Acknowledgement, Agreement and Confirmation.
Termination of this Contract for default and other remedies provided in this Contract are, at best,
a means of future correction and not remedies that make LUG whole for past breaches therefore,
the following liquated damages are available to the LUG.
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Performance Standard Monetary Penalty
1 Failure to respond to Customers’ complaint(s) within the
specified time frame
$25 per occurrence per day
2 Reporting unresolved complaints as resolved $100 per occurrence
3 Chronic service failures - three (3) or more instances of the
same or similar problem at the same service address within
any ninety (90) day period.
$150 upon the 3rd occurrence; $50 per
occurrence thereafter
4 Commingling of Refuse, program Recyclables, Yard Waste,
or any other materials, unless approved by the LUG’s
Representative
$1,000 per occurrence. LUG also
reserves the right to recover excess State
Tipping Fee if a chronic pattern of
commingling is established.
5 Failure to deliver any Recycling Collected to the Designated
MRF
$1,000 per occurrence; repeat occurrences
may also result in termination of
agreement.
6 Failure to clean spillage or leakage (oil, hydraulic fluid, Solid
Waste, Recyclables, etc.) immediately or within 2 hours of
LUG notification.
$250 per occurrence in addition to
reimbursement §3.08.C.
7 Failure to repair or replace a Recycling Receptacle within
three (3) days of notification of disrepair
$100 per occurrence
8 Failure to provide a Recycling Receptacle to a new account
within 5 LUG Business Days of notification
$100 per occurrence
9 Failure to submit reports within required timeframes $100 per day
8.11 Compensatory Damages. If Contractor fails to deliver Recyclables to the Designated
MRF as required by §2.02, then in addition to assessing liquidated damages, LUG may in its
sole discretion assess the following compensatory damages, and Contractor will pay LUG the
following compensatory damages:
A. LUG ’s reimbursement cost of enforcing or securing specific performance of Contractor’s
delivery obligation.
B. LUG’s reimbursement cost of State Tipping Fee.
ARTICLE 9. SUSPENSION OR TERMINATION
9.01 LUG Right to Suspend or Terminate
A. Termination Events. LUG may, in its sole discretion, terminate this Contract in whole
or in part, in the following termination events:
1. Default: the occurrence of a default;
2. Uncontrollable Circumstances: the occurrence and continuance of an
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Uncontrollable Circumstance under § 8.03(C);
B. Suspension Events. LUG may in its sole discretion suspend this Contract, in whole in or
in part, upon the occurrence of any Termination Event for no longer than 30 days.
During the suspension period Contractor will have the opportunity to demonstrate to the
satisfaction of LUG that Contractor can once again fully perform Contract services. If
Contractor so demonstrates to satisfaction of LUG in its sole discretion, LUG’s right to
suspend or terminate this Contract will cease and Contractor may resume providing
Contract services. If Contractor does not so demonstrate, LUG may terminate this
Contract and exercise its additional rights and remedies.
C. Notice. LUG will give Contractor a notice of termination or suspension effective at the
following times:
1. immediately or upon other period stated by LUG with respect to the following
defaults described in Section 7.02:
a) insurance), and
b) insolvency, bankruptcy, liquidation, to the extent permitted by applicable law
(insolvency, bankruptcy, liquidation), or
2. upon Contractor’s receipt of notice with respect to any of the following all other
defaults, unless LUG specifies an alternative date in the notice;
3. a date LUG specifies in the notice.
D. Suspension, Termination of a Portion of Performance Obligations: Reduction in
Fee. If LUG suspends a portion of this Contract or terminates some but not all Performance
Obligations, Contractor will continue to fully perform its obligations under the remaining
portions of this Contract which are not suspended or terminated, and the parties will
mutually agree upon an adjustment to the Contractor service fee to reflect actual reductions
in Performance Obligations.
9.015 Contractor’s Right to Suspend or Terminate. Contractor may, in its sole discretion,
terminate this Contract in whole or in part, if the LUG fails to provide payment for services
under Article 4 for 3 or more consecutive months.
9.0155 General Suspension or Termination Events. Either party may request termination or
suspension if the parties fail to agree on adjustments to Contractor service fee due to changes in
law as provided in § 14.02 (D).
9.02 Criminal Activity
A. In this section the following terms are defined as follows:
Criminal Activity means any of the following:
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A. fraud or criminal felony offenses in connection with obtaining, attempting to
obtain, procuring. or performing a public or private agreement related to
Recyclables, Yard Waste, Refuse, construction and demolition debris, garbage,
Refuse or any other Solid Waste, or MSW management services of any kind
(including Collection, hauling, transfer, processing, composting, or Disposal),
including this Contract ;
B. bribery or attempting to bribe a public officer or employee of a regulatory authority;
or
C. embezzlement, extortion, racketeering, false claims, false statements, forgery,
falsification or destruction of Records, obstruction of justice, knowingly receiving
stolen property, theft, or misprision (failure to disclose) of a felony; or
D. unlawful Disposal of hazardous, designated, or other waste; or
E. violation of the following:
1. securities or antitrust laws (such as laws relating to price-fixing, bid-rigging,
and sales and market allocation), and
2. unfair and anti-competitive trade practice laws, including with respect to
inflation of waste Collection, hauling, or Disposal fees.
Position of Influence means a position of authority or responsibility to directly or
indirectly administer, manage, direct, supervise, or oversee Contract services or this
Contract, including the following:
A. supplying Goods or services,
B serving as a member of the governing body of directors of Contractor or an
Affiliate,
C. serving as an officer of Contractor or an Affiliate,
D. reviewing or negotiating Contractor’s Contracts (including this Contract),
E. providing in-house legal services,
F. providing captive insurance or other performance assurance or security, and
G. providing Collection, Recycling, processing or Refuse Disposal, but
excluding the following:
A. monitoring Contractor’s performance,
B. supervising Contractor’s finance and capital budget decisions, and
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C. articulating general policies and procedures not related to Criminal Activity.
B. Notice. Contractor will immediately give notice to the LUG of either of the following
with respect to Contractor or any Contractor Representative:
1. conviction of a Criminal Activity or
2. plea of “guilty”, nolo contendere” or “no contest” to a Criminal Activity.
Contractor will promptly notify the LUG of any of those convictions or pleas with respect
to a Contractor Representative in a position of influence.
C. Cure. Upon the occurrence of any conviction or plea, Contractor immediately will do or
cause to be done both of the following:
1. terminate from present employment or remove from present office the offending
Contractor Representative who is an individual, or, with respect to a Contractor
Representative that is Contractor or an Affiliate, the individual or individuals
responsible for the Criminal Activity, unless otherwise directed or ordered by a court
or regulatory authority of competent jurisdiction and/or authority, and unless
termination would subject Contractor, an Affiliate or any of its Contractor
Representatives to substantial liability for breach of any labor agreement entered into
before this Contract execution date, and
2. refrain from employing or appointing that Contractor Representative who is an
individual or, with respect to a Contractor Representative that is Contractor or
Affiliates, the individual or individuals responsible for the Criminal Activity, from
any other position of influence.
D. LUG remedies. Upon the occurrence of either of the following events:
1. Contractor or any Affiliate fails to effectuate the cure described in § 9.02(C), or
2. the Criminal Activity is related to this Contract or occurs within the boundaries of
LUG (incorporated or unincorporated),
LUG may take any or all of the following actions:
a) suspend or terminate this Contract, or
b) impose other sanctions (which may include financial sanctions and any other
condition the LUG deems appropriate, short of suspension or termination) as it
deems proper.
E. Limitations on Contractor Representative. No Contractor Representative may have
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previously:
1. been convicted of a Criminal Activity, or
2. plead “guilty”, “nolo contendere” or “no contest” to a Criminal Activity.
ARTICLE 10. TRANSFER OR ASSIGNMENT OF CONTRACT
10.01 LUG Transfer. LUG may transfer this Contract to any of the following persons without
Contractor’s consent to a sanitation district, other joint power authority or other public entity
succeeding to the major portion of LUG’s Solid Waste management rights and obligations.
10.02 Contractor Transfer.
A. In this subsection, the term Transfer means any of the following:
1. selling, exchanging, or otherwise transferring ownership or control of Contractor
(through sale, exchange, or other transfer of outstanding stock, partnership shares,
equity interest, or otherwise) except to an Affiliate;
2. issuing new stock or selling, exchanging, or otherwise transferring 20% or more of
the then outstanding common stock of, or partnership shares or equity interest in,
Contractor, except to an Affiliate;
3. any dissolution, reorganization, consolidation, merger, re-capitalization, stock
issuance or re-issuance, voting trust, pooling agreement, escrow arrangement,
liquidation, buy-out, or other transaction which results in a change of ownership or
control of Contractor except to an Affiliate if pursuant to an internal corporate
reorganization;
4. insolvency or bankruptcy, making assignment for the benefit of creditors, writ of
attachment of an execution, being levied against Contractor, appointment of a
receiver taking possession of any of Contractor’s tangible or intangible property;
5. any sale or other transfer of 50% or more of the value of assets of Contractor except
for sales or transfers to, an Affiliate, parents, grandparents, siblings, children, and
grandchildren of persons having a shareholder, partnership or other equity interest in
Contractor on the Contract execution date ("Immediate Family") or trust created
primarily to benefit members of the immediate family;
6. assumption of any of Contractor's rights under this Contract, or assumption by,
delegation to, or takeover of any Performance Obligations or any other Contractor's
duties or responsibilities under this Contract by any person other than Contractor
(except to an Affiliate), whether by subcontract (unless approved by LUG under §
10.01) or any other mechanism.
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B. Contractor acknowledges that Contractor submitted evidence to LUG with respect to
Contractor’s experience, expertise, and qualifications to provide Contract services, and
that Contractor’s experience, expertise, and qualifications were material considerations of
LUG in entering into this Contract with Contractor. Therefore, Contractor shall not
without LUG consent, given in LUG’s sole discretion, Transfer in whole or in part,
voluntarily or involuntarily, any of the following:
a) this Contract,
b) any rights or duties in this Contract or under the Contract,
Contractor may not circumvent LUG’s consent rights by securing goods or Contract
services from a subcontractor.
C. Contractor request. Without obligating LUG to give consent, Contractor will
demonstrate to LUG’s satisfaction that the proposed transferee has the operational and
financial ability to satisfy Performance Obligations. LUG is not obligated to consider
any proposed Transfer by Contractor if Contractor is in breach at any time during LUG’s
consideration.
D. Novation. If LUG consents to Transfer of this Contract, it will execute a novation under
which the person which is the transferee Contractor assumes all of the rights and
Performance Obligations of the transferor Contractor.
ARTICLE 11. INTERPRETATION OF CONTRACT
11.01 Specifics no limitation on generalities. The mention of any specific duty or liability
imposed upon Contractor may not be construed as a limitation or restriction of any general
liability or duty imposed upon Contractor by this Contract or applicable law.
11.02 Integration. This Contract contains the entire agreement between the parties with respect
to their rights and obligations under this Contract except as provided below, there are no
Contracts or understandings between these Parties other than those written or specified in this
Contract. The entire agreement of the Parties with respect to the transactions contemplated
herein is contained in the documents listed below. The documents listed below are incorporated
into and together comprise all terms of this Contract:
(a) This Contract and all Schedules attached;
(b) The Request for Proposal (RFP) including amendments thereto.
In the event of any conflict in any of the terms of the foregoing, the order of priority of such
terms shall be in descending order of the above list.
11.03 Governing Law. This Contract is governed by, and construed and enforced as required by,
the applicable laws of the State of Wisconsin.
11.04 Severability. If any clause, sentence, provision, subsection, section, or article of this
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Contract or exhibit or attachment to this Contract is ruled unconstitutional, illegal, invalid, non-
binding, or unenforceable by any court of competent jurisdiction, then the parties will take the
following actions:
A. promptly meet and negotiate a substitute for the Contract provision and any related
amendments, deletions, or additions to other provisions of this Contract which together
effect the parties’ original intent to the greatest extent allowable under applicable law;
and
B. if necessary or desirable to accomplish preceding item (1), apply to the court that
declared said invalidity for a judicial construction of the substituted Contract provision
and any amendments, deletions, or additions to this Contract.
The unconstitutionality, illegality, invalidity, non-binding nature, or unenforceability of any
Contract provision will not affect any of the remaining provisions of this Contract. This Contract
will be construed and enforced as if the Contract provision did not exist to the extent possible.
However, if any Contract provision with respect to LUG’s direction to deliver Recyclables to the
Designated MRF site is ruled unconstitutional, illegal, invalid, non-binding, or unenforceable by
any court of competent jurisdiction, then LUG in its sole discretion may either sever that
Contract provision and construe and enforce this Contract as required by this section or
Terminate all or a portion of this Contract. Contractor agrees that it will not challenge the
constitutionality, legality, validity, enforceability or binding nature of Contractor’s obligation to
deliver Recyclables to the Designated MRF.
11.05 Interpretation. This Contract must be interpreted and construed reasonably and neither
for nor against either Party, regardless of the degree to which either party participated in its
drafting. Contractor acknowledges that it determined to provide Contract services in LUG and
execute this Contract upon its own choice and initiative and that it had the opportunity to submit
comments, recommend changes, and take exception to the proposed provisions of this Contract
during the procurement process. Each party represents and warrants that it has reviewed this
Contract and has either commented upon this Contract or had the opportunity to do so, with
advice of its attorneys. No provision in this Contract may be construed against LUG solely
because the County assisted the LUG in preparing the form of this Contract.
ARTICLE 12. THE PARTIES
12.01. The Parties agree and the Contractor acknowledges as follows:
A. Contractor will have the exclusive control over the manner and means of performing
Contract Service and over all persons performing Contract Service, except for LUG’s
right to change the scope of Contract service as described in Article 14.
B. Contractor is solely responsible for the acts and omissions of its officers, employees,
Contractors, subcontractors, and agents, none of whom is deemed to be an officer, agent,
servant, or employee of LUG.
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C. Nothing in this Contract may be construed as creating an arrangement for handling
Unpermitted Waste.
D. Contractor bears the sole responsibility and liability for furnishing workers' compensation
and all other benefits required by law to any individual for injuries arising from or
connected with Contract services performed on behalf of Contractor under this Contract.
E. Contractor’s actions and Performance Obligations include reference to any
subcontractor’s actions under this Contract, as applicable, without specifying in each
instance that Contractor must directly take those actions itself, or cause its subcontractors
to take those actions on Contractor’s behalf.
12.02 Parties in Interest – LUG. Nothing in this Contract, whether express or implied, is
intended to confer any rights on anyone other than the parties and the parties’ respective
representatives, successors, and permitted assigns. LUG’s Related Parties are third party
beneficiaries of provisions in this Contract that reference them.
12.03 Binding on Successors. The provisions of this Contract will inure to the benefit of and be
binding on the successors and permitted assigns of the parties.
12.04 Further Assurances. Each party agrees to execute and deliver any instruments and to
perform any acts as may be necessary or reasonably requested by the other to give full effect to
this Contract, including Contractor Documentation.
12.05 Actions of LUG in Its Governmental Capacity. Nothing in this Contract may be
interpreted as limiting the rights and obligations of LUG in its governmental or regulatory
capacity.
12.06 Contractor’s Obligations Performed at Its Sole Expense. Contractor will perform
Contract services solely for the compensation expressly provided for in this Contract.
12.07 Parties Representatives
A. LUG. The LUG Representative is identified on the cover page of this Contract and at §
16.01
B. Contractor Representative. Contractor Representative is named on the cover page of
this Contract, at § 16.01 and in Contractor Documentation. Contractor Representative
must have at least 5 years’ experience in Solid Waste and Recycling Collection services
before being named Contractor Representative. Contractor Representative is authorized
to act on behalf of Contractor in the satisfaction of all Performance Obligations and
exercise of Contractor’s rights and options under this Contract.
12.08 Due Diligence. Contractor acknowledges each of the following:
A. services, including Contract Service, are highly regulated under applicable law,
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B. LUG may be subject to statutory fines, or withholding of funds, for failure to achieve
mandated Diversion levels, and
C. waste management is a public health and safety concern.
Contractor agrees that it will exercise due diligence in performing Contract Service.
12.09 No Use of LUG Name. Contractor will not do business as or use a corporate, partnership,
venture, or other formal name, containing the name of LUG or implying government ownership.
12.10 Subcontractors.
A. Goods or services related to Collection, transportation, processing, or Diversion of
Solid Waste. Contractor shall not engage any subcontractor without LUG’s prior
approval of the subcontractor. Any subcontract entered into without LUG’s approval of
the subcontractor is a default. An approved subcontractor cannot Contract for the
performance of its duties or obligations to the Contractor. Any such sub-subcontracting
will be considered a default.
B. Contractor responsibility. Contractor is solely responsible for directing the work of
subcontractors and paying subcontractors’ compensation.
C. Removal. LUG may require Contractor to remove any approved subcontractor.
ARTICLE 13. TERM OF CONTRACT
13.01 Commencement and Expiration.
A. Contract execution date and expiration of term. The Term for this Contract
commences on January 1, 2016 and expires on December 31, 2023.
B. LUG options to extend term. On or before 60 days prior to the expiration of the
original term under subsection (A), LUG, may extend the term of the Contract for two
years with the mutual consent of the Contractor.
13.02 Survival of Certain Provisions. The following provisions of this Contract will survive the
term:
A. all acknowledgements, representations, and warranties of the parties in this Contract,
B. all indemnities,
C. Contractor Payment Obligations or claims therefore,
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D. all Contractor’s Performance Obligations and LUG’s rights with respect to Records,
including the following:
1. giving LUG a copy of Records, or allowing LUG to copy, inspect, and audit Records,
including:
a) information with respect to Refuse Disposal and Solid Waste Management
Facilities (such as Disposed Tons of Solid Waste),
b) certificates of insurance or other evidence of insurance coverage, and
c) Contract Service Asset inventory and Contract Service Asset documentation.
E. All Contractor’s Performance Obligations and LUG’s rights with respect to reports;
including submitting final reports.
F. Any other provision of this Contract that expressly states that it survives termination.
G. Any right of either party vested and any obligation of either parties accrued before the
termination date.
After the termination date, Contractor has no other Performance Obligations or rights under this
Contract.
13.03 Contractor's Obligations Upon Expiration or Termination: OBLIGATIONS IN
THIS SECTION SURVIVE THE EXPIRATION OR TERMINATION OF THIS
CONTRACT. If Contractor is not awarded an agreement to continue to provide MSW
management services to LUG after the expiration or termination of this Contract, prior to and
after that expiration or termination, Contractor will cooperate fully with LUG and the succeeding
Contractor(s), licensee(s), permittee(s) or other person(s) providing services to assure a smooth,
efficient, orderly, timely, and effective transition of and delivery of MSW management services
to LUG’s residential Customers, including providing LUG with Records as required under
Article 6 upon request, in the format specified by LUG.
ARTICLE 14. CHANGE IN SCOPE OF SERVICE
14.01 Change in Performance Obligations
A. At LUG direction. LUG may direct Contractor to implement a change of Performance
Obligations, including Contract service specifications or Contract service standards, in
the Contract Service Area following request for, submission of, and review of
Contractor’s proposal under Section 14.02. Contractor will submit its proposal within 15
LUG Business Days of receiving LUG’s request for proposal (or a longer period that
LUG may designate in light of the complexity or magnitude of the directed change).
B. Upon Contractor Proposal. Contractor may propose to LUG a change in the scope of
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Contract services under Section 14.02, such as the following:
1. new developments in Collection technologies that would improve Contract Service
efficiency and reduce the Contractor service fee, pollution, or environmental impact;
2. a program that would increase Diversion; and
3. changes in operations necessitated by a change in law.
14.02 Review and Comment
A. Proposal contents. In its proposal, Contractor must describe its detailed plan for
implementing the requested or proposed change, including the following:
1. a task list and time-line implementation schedule,
2. Goods or services (including any subcontractor) necessary to implement the change,
and
3. any change in Contractor service fee and cost substantiation therefore, including
Contractor’s changes in direct costs (taking into account both incremental direct costs
and savings offsets) such as:
a) modifying vehicle(s);
b) adding Receptacle(s), vehicle(s) or routes;
c) shortening or extending route time;
d) laying off or supplementing labor; and
e) increasing transportation distance or time to a Solid Waste Management Facility.
Contractor will include documentation supporting its proposal satisfactory to the LUG.
B. LUG may withdraw the request for proposal at any time, for any reason, including receipt
of a proposal from Contractor unsatisfactory to the LUG.
C. Offer. Contractor’s proposal will be deemed Contractor's offer to LUG to implement the
requested or proposed change. Contractor’s proposal will remain binding for 60 days
from the date submitted to the LUG.
D. Failure to agree.
1. LUG-directed change. If the parties cannot reach agreement on a proposal directed
by the LUG, the LUG may implement the change itself or through another Person
2. Contractor-initiated proposal Changes in Law. If the parties cannot reach
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agreement on a proposal initiated by Contractor the proposal is deemed rejected and
this Contract will not be amended except that if parties cannot reach agreement on a
proposal initiated by Contractor due to a change in law, then Contractor may request
binding dispute resolution..
ARTICLE 15. AMENDMENTS
15.01 Amendments
Any amendments to this Contract must be by written agreement of the Parties.
ARTICLE 16. NOTICES, CONSENTS, APPROVALS, ETC.
16.01 Notices, etc. notices must be given to the LUG at the following addresses:
LUG: [insert name, address, phone,
email, and FAX]
Contractor: [insert name, address,
phone, email, and FAX]
The notice may be provided in one or more of the following forms:
A. by Email or facsimile;
B. by personal delivery to a Contractor or LUG representative as the case may be;
C. by deposit in the United States mail first class postage prepaid (certified mail, return
receipt requested); or,
D. by commercial delivery service providing delivery verification.
notice by LUG to Contractor of a missed pick-up or a Customer problem or complaint may be
given to Contractor orally by telephone at Contractor's local office with written confirmation sent
to Contractor promptly after the oral notification.
Parties must notify the other of a change of their address.
16.02 Writing Requirements. All notices, reports, demands, requests, directions, selections,
option exercises, orders, proposals, reviews, comments, acknowledgments, approvals,
agreements, consents, waivers, certifications, and other communications made under this
Contract must be in writing, unless oral communication is explicitly authorized.
16.03 Exercise of Options. Parties will exercise any approval, disapproval, consent, acceptance,
option, discretion, election, opinion, or choice under this Contract, make a requirement under this
Contract, or interpret this Contract (“Discretionary Action”) reasonably. Recognizing the
essential public health and safety protections this Contract serves, where this Contract
specifically provides that the exercise of any “Discretionary Action” is in either party's
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independent, sole, exclusive, or absolute discretion, control, or judgment, the other party will not
question or challenge the other party’s exercise thereof. Parties will nevertheless exercise their
rights and remedies in good faith as required by applicable law.
ARTICLE 17. EXECUTION OF CONTRACT
17.01 Execution in Counterparts. This Contract may be signed in any number of original
counterparts. All counterparts will constitute but one and the same Contract.
17.02 Authority to Execute.
A. LUG. LUG warrants that its officers listed below have been duly authorized to execute
this Contract on its behalf.
B. Contractor. Contractor warrants that the individuals listed below have been duly
authorized to execute this Contract on its behalf.
[Name of LUG]:
Date: __________________________________
_______________________________________
[Authorized Representative]
Attest:
_______________________________________
[Name] Clerk
[Name of Contractor]:
Date: _____________________________
By: _______________________________
Name:_____________________________
Title: ______________________________
Attest:
__________________________________
Name:_____________________________
Title: ______________________________
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SCHEDULES
Contract Documentation Checklist.
RFP REFERENCE
Schedule 1: Contract Services And Cost Summary Form 1A & IX
Schedule 2: Collection Contract Compliance Items Related To Recycling
Containers and Delivery of Recyclables to the Designated MRF
Schedule 3: Contractor Financial Assurance XIII
Schedule 4: Contractor Evidence Of Insurance XIV
Schedule 5: Contractor Affidavit Certifying Access To Sufficient Landfill
Capacity XVI
Schedule 6: Annual Rate Adjustment (CPI And Fuel) IX
Schedule 7: Sample Monthly Invoice
Schedule 8: Bulky Item Diversion Program VII.m.vi.
Schedule 9: Emergency Back-Up Collection Service Plan VII.j.
Schedule 10: Customer Complaint & Billing Dispute Resolution Protocol VII.k.
Schedule 11: Unpermitted Waste Screening Protocol VII.m.v.
Schedule 12: Contractor Transition & Customer Education Plan VII.a.i.ii.
Schedule 13: Route Maps, Sheets, And Change Requests VII.f.
Schedule 14: Recycling Receptacles Inventory VII.a.,g.
Schedule 15: Monthly & Annual Reports (Samples) VII.r.
Schedule 16: Delivery Protocol For Designated MRF
Schedule 17: Vehicles, Drivers And Equipment VII.s.
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SCHEDULE 1
CONTRACT SERVICES AND COST SUMMARY (Excel File Provided)
[Insert table provided with all final negotiated pricing from Form 1A of the RFP. Include a
schedule of costs for on-call bulk items (Schedule 1a), a schedule of emergency service costs
(1b), and any other agreed services and pricing.]
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SCHEDULE 2
COLLECTION CONTRACT COMPLIANCE ITEMS RELATED TO RECYCLING
CONTAINERS AND DELIVERY OF RECYCLABLES TO A DESIGNATED MRF
The Contractor shall comply with the provisions below, [these may vary based on the results the
RFP, including the Designated MRF].
A. Recycling Container Provisions
1. Recycling Container Standards. All Recycling containers shall be for single sort
Recycling and shall meet LUG standards for in-mold educational labeling, identifying
recyclable and non-recyclable/hazardous materials. All containers shall have a 10-year
warranty.
2. Distribution and Use of Recycling Containers. Contractor shall, by the dates specified in
this Contract, distribute Recycling containers to each household/unit served under this
Contract. Contractor shall ensure these containers are only used for Recycling.
Contractor shall notify any non-complying household/unit at the time non-compliance is
observed, and shall track and report a summary of non-compliance to the LUG monthly.
3. Distribution of Educational Materials. Contractor shall attach educational materials to
the top of each Recycling container upon delivery of the containers, as noted above. [The
educational materials may be provided to the Contractor by the County at no cost to the
Contractor.]
4. Contractor Report on Containers. Contractor shall provide the LUG an annual report by
February 1 each year on the number and size(s) of Recycling containers used within the
LUG.
B. Direct Haul Provisions
1. Direct Haul. Contractor shall deliver all recyclable materials Collected under this
Contract to the Designated MRF.
2. Delivery Protocol. Contractor shall comply with the delivery protocol of the Designated
MRF and coordinate delivery times to maximize efficiencies at the truck scale and tip
floor and minimize traffic back-ups.
3. Record Keeping and Reports. Contractor shall keep Records and provide all requested
data and reports to the County as needed to administer recycling grants and maintain
compliance with applicable state or local codes, program rules, and the protocol for
delivery of Recyclables to the Designated MRF. This includes, but is not limited to,
providing up-to-date information on haul routes, Collection days and times, and vehicles
used to Collect Recyclables.
4. Alternate Processing. In the event the Designated MRF is unable to accept Recyclables,
the Contractor shall deliver recyclable materials to an alternate location for a designated
time, as directed by the LUG. [Note: Any additional transportation and processing costs
will be covered by separate Contract.]
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SCHEDULE 3
CONTRACTOR FINANCIAL ASSURANCES
[Insert Letter of Credit (LOC) or Performance Bond as required in Section 7.03 of this Contract]
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SCHEDULE 4
CONTRACTOR EVIDENCE OF INSURANCE
[Insert certification as required in Section 7.01 of this Contract]
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SCHEDULE 5
CONTRACTOR AFFIDAVIT CERTIFYING ACCESS TO SUFFICIENT LANDFILL
CAPACITY
[Insert certification as required in Section XVI in RFP #1427]
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SCHEDULE 6
ANNUAL RATE ADJUSTMENT (Excel File Provided)
This Schedule provides the Contractor and LUG detailed instructions to utilize the Excel file,
provided with this contact, ARA calculations based on Article 4 of this Contract.
ANNUAL RATE ADJUSTMENTS FOR DIESEL FUELED FLEETS
[Note: the fields that have #DIV/0! will automatically calculate based on inputs.]
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0
0
%
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.
9
9
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.
0
0
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.
5
9
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3
.
0
5
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9
.
9
4
20
1
9
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.
9
9
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.
0
0
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.
5
9
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3
.
0
5
$2
9
.
9
4
7.1
4
%
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5
%
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%
15
%
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2
9
%
5.5
0
0
%
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.
3
2
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.
0
0
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.
7
9
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3
.
7
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1
.
5
9
20
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0
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.
3
2
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.
0
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.
7
9
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3
.
7
7
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1
.
5
9
3.3
3
%
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0
%
85
%
15
%
2.8
6
3
%
5.5
0
0
%
$6
.
5
0
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.
0
0
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.
9
0
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4
.
1
6
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2
.
4
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20
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1
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.
5
0
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.
0
0
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.
9
0
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4
.
1
6
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2
.
4
9
-1
0
0
.
0
0
%
-1
0
0
.
0
0
%
85
%
15
%
-1
0
0
.
0
0
0
%
5.5
0
0
%
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.
0
0
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.
0
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.
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0
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.
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.
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20
2
2
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.
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.
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.
0
0
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.
0
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.
0
0
#D
I
V
/
0
!
#D
I
V
/
0
!
85
%
15
%
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I
V
/
0
!
5.5
0
0
%
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I
V
/
0
!
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I
V
/
0
!
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I
V
/
0
!
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I
V
/
0
!
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I
V
/
0
!
20
2
3
#D
I
V
/
0
!
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I
V
/
0
!
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I
V
/
0
!
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I
V
/
0
!
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I
V
/
0
!
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I
V
/
0
!
#D
I
V
/
0
!
85
%
15
%
#D
I
V
/
0
!
5.5
0
0
%
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
20
2
4
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
85
%
15
%
#D
I
V
/
0
!
5.5
0
0
%
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
20
2
5
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
85
%
15
%
#D
I
V
/
0
!
5.5
0
0
%
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
20
2
6
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
85
%
15
%
#D
I
V
/
0
!
5.5
0
0
%
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
20
2
7
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
85
%
15
%
#D
I
V
/
0
!
5.5
0
0
%
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
20
2
8
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
85
%
15
%
#D
I
V
/
0
!
5.5
0
0
%
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
20
2
9
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
85
%
15
%
#D
I
V
/
0
!
5.5
0
0
%
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
20
3
0
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
85
%
15
%
#D
I
V
/
0
!
5.5
0
0
%
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
#D
I
V
/
0
!
20
3
1
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I
V
/
0
!
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I
V
/
0
!
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I
V
/
0
!
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I
V
/
0
!
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I
V
/
0
!
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I
V
/
0
!
#D
I
V
/
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!
85
%
15
%
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I
V
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!
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0
0
%
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V
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0
!
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V
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V
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0
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V
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0
!
#D
I
V
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0
!
20
3
2
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I
V
/
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!
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I
V
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0
!
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I
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!
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V
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!
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I
V
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0
!
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I
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!
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0
0
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0
!
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V
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V
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0
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V
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0
!
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20
3
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!
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!
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I
V
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0
!
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I
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!
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!
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0
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!
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V
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!
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V
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!
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!
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V
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!
20
3
4
#D
I
V
/
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!
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V
/
0
!
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I
V
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0
!
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I
V
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0
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I
V
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0
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I
V
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!
85
%
15
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I
V
/
0
!
5.5
0
0
%
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I
V
/
0
!
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I
V
/
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!
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!
No
t
e
:
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o
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TA
B
L
E
1
An
n
u
a
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R
a
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A
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a
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-
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F
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F
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t
Page 58
6/2015 - WC
Step 1: Enter current service year, Solid Waste current service fees for each category, X/Y
factors and annual cap on price adjustments into Table 1 of the Excel spreadsheet. The State Tip
Fee (currently $12.997/Ton) should not be included in the disposal fee. [Note: the X/Y factors
must remain the same each year of the Contract.]
Step 2: Calculate the CPI adjustment. Visit the United States Department of Labor, Bureau of
Labor Statistics, Midwest Office, website: http://www.bls.gov/ro5/cpimilw.htm
Step 3: Enter in the semi-annual average index for All Items [Note: the CPI Adjustment will
automatically calculate in Table 2 in the spreadsheet and copy over to Table 1.]
Step 4: Calculate the fuel adjustment. Visit the U.S. Energy and Information Administration,
Petroleum and Other Liquids Data. http://www.eia.gov/dnav/pet/pet_pri_gnd_dcus_r20_m.htm
Step 5: Click view history and download the data set. Calculate and enter the average of July-
June of the year prior to the adjustment and for July-June of the current year. [Note: the FPI
Adjustment calculated in the spreadsheet will automatically calculate in Table 3 and copy over to
Table 1.]
Step 6: Once all the data is entered in Table 1, 2 and 3 the new service fees for each category
will be automatically calculated in the shaded columns of Table 1.
Page 59
6/2015 - WC
CPI1
(July - June)
Yr. Prior
CPI2
(July - June)
Current Yr.
(CPI2-CPI1)/CPI1
225.4170 228.0050 0.0115
228.0050 233.7500 0.0252
233.7500 241.5000 0.0332
241.5000 255.0000 0.0559
255.0000 270.0000 0.0588
270.0000 280.0000 0.0370
280.0000 300.0000 0.0714
300.0000 310.0000 0.0333
310.0000 -1.0000
0.0000 #DIV/0!
0.0000 #DIV/0!
0.0000 #DIV/0!
0.0000 #DIV/0!
0.0000 #DIV/0!
0.0000 #DIV/0!
0.0000 #DIV/0!
0.0000 #DIV/0!
0.0000 #DIV/0!
0.0000 #DIV/0!
0.0000 #DIV/0!
0.0000 #DIV/0!
0.0000 #DIV/0!
Consumer Price Index (CPI) Adjustment
TABLE 2
FPId1
(July-June)
Yr. Prior
FPId2
(July-June)
Current Yr.
(FPId2-FPId1)/FPId1
3.9427 3.8956 -0.0119
3.8956 4.0000 0.0268
4.0000 4.1250 0.0313
4.1250 4.5000 0.0909
4.5000 4.5500 0.0111
4.5500 4.7500 0.0440
4.7500 4.9900 0.0505
4.9900 5.0000 0.0020
5.0000 -1.0000
0.0000 #DIV/0!
0.0000 #DIV/0!
0.0000 #DIV/0!
0.0000 #DIV/0!
0.0000 #DIV/0!
0.0000 #DIV/0!
0.0000 #DIV/0!
0.0000 #DIV/0!
0.0000 #DIV/0!
0.0000 #DIV/0!
0.0000 #DIV/0!
0.0000 #DIV/0!
0.0000 #DIV/0!
Fuel Adjustment - Diesel Fleet
TABLE 3
ANNUAL RATE ADJUSTMENTS FOR COMPRESSED NATURAL GAS FLEETS
This Schedule provides the Contractor and LUG detailed instructions to utilize the Excel file,
provided with this contact, ARA calculations based on Article 4 of this Contract.
[Note: the fields that have #DIV/0! will automatically calculate based on inputs.]
YE
A
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Page 60
6/2015 - WC
Step 1: Enter current service year, Solid Waste current service fees for each category, X/Y
factors and annual cap on price adjustments. The State Tip Fee (currently $12.997/Ton) should
not be included in the disposal fee. [Note: the X/Y factors must remain the same each year of the
Contract.]
Step 3: Calculate the CPI based on Step 3 above for Diesel Fueled Fleets and enter onto Table 4.
[Note: the CPI Adjustment in the spreadsheet will automatically calculate in Table 2 and copy
over to Table 4.]
Step 4: Once all the data is entered in Table 2 and 4, the new service fees for each category will
be automatically calculated in the shaded columns of Table 4.
Page 61
6/2015 - WC
SCHEDULE 7
SAMPLE MONTHLY INVOICE (Excel File Provided)
Solid Waste and Recycling Collection Services
[Municipality Name here]
Invoice #:
Service Period:[month/year]
Service/Item Service Description / (Fee Units)Cost/Unit Units this Period Fee Amount
Refuse Collection Weekly Up-the-Drive / (Households)$5.00 3,500 $17,500.00
Bulky Item Collection Weekly Curbside / (Households)$0.00 500 $0.00
Recycling Collection Including Transportation to Joint MRF / (HH)$3.00 3,500 $10,500.00
Refuse Disposal Landfill Fee excluding State Tip Fee / (Tons)$26.95 100.34 $2,704.16
Refuse Disposal State Tip Fee / (Tons)$12.997 100.34 $1,304.12
Recycling Container Fee 96-Gallon container / (Households)$0.44 3,500 $1,540.00
Dumpsters Municipal locations $0.00 11 $0.00
Dumpsters Multi-family locations $8.48 219 $1,857.12
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Subtotal Total items: 8 $35,405.40
Sales Tax Rate:5.1%Sales Tax $0.00
Less Deposit Received
Invoice Total $35,405.40
Due Date
Thank you for your business!
Invoice Date:
Attention:
Remit Payment:
If you have any questions
concerning this invoice,
contact:
Sample Monthly Invoice
Make all checks
payable to:
Page 62
6/2015 - WC
SCHEDULE 8
BULKY ITEM DIVERSION PROGRAM
Insert the Bulky Item Diversion Program which should include, at a minimum, the following:
1) Provide a description of type of vehicles and process for Collection of Bulky Items.
2) Describe any Recycling of Bulky Items such as scrap metal, appliances, tires, wood,
and furniture.
Page 63
6/2015 - WC
SCHEDULE 9
EMERGENCY BACK-UP COLLECTION SERVICE PLAN
Insert the Emergency Service Plan which must include, at a minimum, the following:
1) Emergency Backup Service Plan.
Contractor shall file with LUG an emergency backup service plan. Contractor shall
implement that plan if, due to Uncontrollable Circumstances or for any reason
whatsoever, Contractor fails, refuses, or is unable for a period of 48 hours to Collect
and/or at any time to transport Solid Waste or debris, or any portion thereof to a
licensed Disposal facility, and the LUG determines there is a danger to public health,
safety, or welfare.
2) Provide planned location of dumpsters, Bins or roll-off Receptacles and costs where
Customers may discard Refuse and other putrescible Solid Waste,
3) Provide implementation timeframe in emergency event for commencement of
services,
4) Offer Customers the option of self-hauling Refuse and other putrescible Solid Waste
to a transfer station or Disposal facility that is permitted in accordance with
applicable law, with or without charge,
5) Describe the procedures for handling putrescible Refuse, preventing litter and
discouraging vectors (such as keeping Refuse Receptacles in their storage place and
not at Set-out Sites, discarding excess Refuse in closed plastic bags and not loose in
Refuse Receptacles),
6) Describe any refund policy for missed Collection, and
7) Provide replacements for drivers and other employees who are not providing
Collection or performing other Performance Obligations (such as supervisory
personnel or management, or employees of Affiliates or other Solid Waste
management companies) and security for those drivers and other employees.
Page 64
6/2015 - WC
SCHEDULE 10
CUSTOMER COMPLAINT AND BILLING DISPUTE RESOLUTION
Insert the Customer complaint and billing dispute resolution protocol which must include, at a
minimum, the following:
1) Description of how Contractor will fulfill obligations, such as missed pickups, logging
complaint, complaint response time, record keeping requirements and prohibition
against referrals to LUG.
2) Description of Customer service employee training program.
3) Maintenance of electronic log for Customer inquiry of complaint.
4) Date and time of inquiry or complaint.
5) Inquirers or complainant’s name and address (if the individual is willing to give this
information).
6) Description of the inquiry or complaint.
7) Date and description of response taken or the reason for non-response.
8) Answer to inquiry or resolution of complaint.
Page 65
6/2015 - WC
SCHEDULE 11
UNPERMITTED WASTE SCREENING PROTOCOL
Insert the Unpermitted Waste Screening Protocol which must include, at a minimum, the
following:
1) Requirements stated in Section VII. Scope of services in RFP #1427;
2) Mandatory personnel training:
a) for all drivers: training including hazard evaluation methods, emergency preparedness,
and emergency response plan implementation techniques with the intent that they learn
who, what and how to report on the incident;
b) for all route supervisors: training including hazard recognition and measurement and
covers personal protective equipment and work practices in keeping with the risk level;
c) for all drivers and route supervisors, at least 8 hours of refresher training annually;
3) Means of driver inspection, such as visual inspection during tipping of Receptacles into
Vehicles;
4) Immediate driver response, such as load segregation and notification procedures, including
leaving Non-Collection notices, when safe;
5) Driver notification, such as calling Contractor’s dispatcher or route supervisor;
6) Customer notification, including description of proper means to Dispose of Unpermitted
Waste, by phone call and/or written material/tags;
7) Notification of appropriate local agency or department (with contact phone number);
8) Appropriate action, such as segregation and containerization for manifesting and transport for
Disposal as required by applicable law or securing services of permitted handling and
transport company;
9) Compliance with applicable law, including regulations of the federal Department of
Transportation (DOT) (Title 49 CFR) and of the United States Environmental Protection
Agency (Title 40 CFR); and
10) Form, content and placement of labels on Receptacles that prohibit discard of Unpermitted
Waste.
Page 66
6/2015 - WC
SCHEDULE 12
CONTRACTOR TRANSITION AND CUSTOMER EDUCATION PLAN
Insert the Contractor transition and education plan which must include, at a minimum, the
following:
1) Requirements stated in Section VII. Scope of services in RFP #1427:
a) Key implementation dates, including the Contract Service commencement date,
b) identification of any truck purchase commitment and delivery schedule,
c) identification of any Receptacle purchase commitment and delivery schedule,
d) community outreach and community relations plan including Customer notice,
e) Customer service plans,
f) Collection routing and schedules,
g) delivery of materials to Designated MRF
h) alternate processing of single stream materials (if necessary),
i) reporting plans (and sample reports),
j) coordination plans, and
k) transition staffing and training plans
2) Customer Education Plan
a) Distribution of instructions to Customers on how and when to set out Receptacles,
what materials (Refuse, Paper Recyclables, Commingled Containers, Yard Waste)
can be discarded (including a description and list of the respective materials),
what type of service is provided i.e. curb/alley, and Contractor contact
information (including toll-free telephone number and e-mail address).
b) Distribution to Customers of residential Recycling guide provided by LUG.
c) Distribution to Customers of new and replacement Receptacles.
d) Procedure for tagging improper Recycling or trash set-outs.
e) Special announcements or promotion to increase Recycling.
Page 67
6/2015 - WC
SCHEDULE 13
ROUTE MAPS, SHEETS, AND CHANGE REQUESTS
Insert Contractor route details which must provide, at a minimum, the following:
1) Requirements stated in Section VII. Scope of services in RFP #1427:
a. Map showing beginning and ending points for each route with route marked
on a map.
b. Total number of Customers on each route, type and capacity of Collection
Vehicle, assigned number of workers for each route, and worker’s shift hours.
c. Day and approximate time (morning or afternoon) of pickup.
2) Day and approximate time of delivery to the Designated MRF.
3) Promptly upon LUG request, the name and address of each Customer.
Page 68
6/2015 - WC
SCHEDULE 14
RECEPTACLES INVENTORY (optional)
Haulers are required, at a minimum, to provide the following:
1) Requirements stated in Section VII. Scope of services in RFP #1427.
2) Insert order information and inventory ID upon delivery.
3) Total number of households served and a quantity of each container size delivered.
Page 69
6/2015 - WC
SCHEDULE 15
MONTHLY AND ANNUAL REPORTS (SAMPLES)
1) Requirements stated in Section VII. Scope of services in RFP #1427.
2) Monthly Reports Required:
A. Recycling, Solid Waste, Bulky Items Tonnage
B. Update all or a portion of its inventory of Contract Service Assets.
C. Any occurrences affecting the Contractor’s performance;
D. Permit compliance status;
E. Documentation regarding Unpermitted Waste, if any, rejected, gathered, produced
and/or retained at the Disposal Facility
F. Discussion operational problems and resolution thereof or planned, and
G. Additional information related to Performance Obligations requested by LUG.
3) Mandatory Annual Reports.
A. A collated summary of the information contained in any Monthly Reports,
including reconciliation of any adjustments from prior Monthly Reports, and the
following information and statements:
B. Total Tonnage for Recycling, Solid Waste, Bulky Item and Yard Waste (as
applicable).
C. Updated Collection route maps as required
D. Complete inventory of Receptacles including total households and quantity of
each size Receptacle.
E. A declaration describing the current status of any criminal or civil litigation
pending against: (i) either Contractor or “Contractor Representatives” with
respect to Criminal Activities, and (ii) against Contractor with respect to Solid
Waste handling, Collection, Recycling or Disposal.
F. The name of all subcontractors, the amount of Goods or services that each
subcontractor provides to Contractor, and a description of Contractor’s
relationships to each subcontractor (including ownership interests).
G. An update on remaining estimated capacity of the Contract Disposal Facility.
H. A review of any Change in Law that would increase or decrease operational costs
of the Contract Disposal Facility i.e. state landfill environmental fees.
Page 70
6/2015 - WC
SCHEDULE 16
PROTOCOL FOR DELIVERY OF RECYCLABLES TO THE DESIGNATED MRF
[INSERT PROTOCOL HERE]
Page 71
6/2015 - WC
SCHEDULE 17
VEHICLES, DRIVERS AND EQUIPMENT
i. Vehicles used must comply with all Wisconsin Department of Transportation and Municipal
requirements (such as to properly contain materials).
ii. Specifications. Contractor shall acquire Collection vehicles of the manufacturer, model, type,
and description detailed on the inventory list attached as Contractor Documentation, meeting the
following specifications:
a) The bodies of any vehicle used in Collection pick-ups or transportation of Solid Waste
must have watertight beds of metal or impervious material that can be cleaned.
b) Vehicles used in Collection pick-ups must be packer-type, completely enclosed vehicles
unless other type of vehicles are required by terrain or type of Solid Waste to be hauled.
iii. Noise. The noise level generated by Collection vehicles using compaction mechanisms during
the stationary compaction process shall not exceed 75 decibels at a distance of 25 feet from the
vehicle measured at an elevation of 5 feet above ground level using the “A” scale of a standard
sound level meter at slow response, or applicable law, whichever is more stringent.
iv. Vehicle Identification. On the left, right, and rear of each vehicle, in letters and numbers not
less than 3 inches high and colors that contrast with the color of the body of the vehicle,
Contractor shall display the following information; company name, toll-free telephone number,
and vehicle number.
v. Vehicle Repair and Maintenance.
a) Safety. Contractor shall maintain all vehicles in good repair so that they operate properly
and safely.
b) Appearance. Contractor acknowledges that it is important to LUG that Contractor
presents a professional and pleasing image.
vi. Spare Vehicles. Contractor shall maintain in readiness at least one spare Collection vehicle,
fueled, and ready to dispatch and replace any Collection vehicle which breaks down on route
within reasonable time of a break down. Customers on that route shall receive Contract service
before 8:00 p.m. that same day.
vii. Driver training. Contractor shall provide operational and safety training for all of its
personnel, including those who drive Collection vehicles or operate other Collection equipment,
such training shall include live, on-the-job-training by supervisors. Contractor shall train its
drivers to identify Unpermitted Waste and comply with the Unpermitted Waste screening
protocol.
viii. Route/Field Supervisor. During Collection, Contractor shall maintain on duty a site
supervisor of field operations responsible for ensuring compliance with this Contract, including;
observing Collection operations, identifying and correcting non-compliance with performance
specifications and responding to and resolving Customer complaints. Contractor shall equip
Page 72
6/2015 - WC
supervisor with a vehicle and equip that vehicle and each Collection Vehicle with 2-way radio or
cell phones.
Page 73
6/2015 - WC
CITY OF MUSKEGO
Staff Report to Public Works Committee
To: Public Works Committee
From: David Simpson, P.E., Director of Public Works/City Engineer
Subject: Review request from Inpro Corporation to allow a monument sign within
the vision corner at Mercury Drive and Janesville Road.
Date: June 12, 2015
The City of Muskego has received a request from Inpro to place a sign within the
City’s established vision corner (see attached request and exhibit). I have reviewed
the request and visited the site and feel that placement of the sign in the specified
location will be acceptable with no safety related concerns.
Recommendation for Action by Committee:
I have reviewed the request and recommend that the Committee approve the
placement of the sign as requested as I see no potential safety concerns.
Page 1 of 1
From:Bob Baas
To:David Simpson
Subject:RE: Sign Location
Date:Tuesday, June 09, 2015 12:24:16 PM
Attachments:image001.png
Dave,
If you would be so kind to include Inpro on you meeting agenda for a sign variance.
We are in hopes to locate our sign within the vision corner. From physically standing in the
location of the sign we do not feel there will be any issue with a block for those turning off of
Mercury onto Janesville rd.
Thanks
Bob Baas
Facility Services Supervisor
Inpro Corporation
Office: 262.679.9010 ext : 5157
Mobile: 262.893.7464 Fax: 262.679.9127
bbaas@inprocorp.com
www.inprocorp.com
From: David Simpson [mailto:DSimpson@cityofmuskego.org]
Sent: Tuesday, June 09, 2015 12:16 PM
To: Bob Baas
Subject: Sign Location
Bob,
Can you email me a very brief request that we allow your proposed monument sign within the
vision corner of Mercury and Janesville so that I can put you on the Public Works Committee
agenda for potential approval. If possible please email me by tomorrow afternoon.
Thanks, Dave
David Simpson, P.E.
Director of Public Works/City Engineer
City of Muskego
W182 S8200 Racine Ave., Box 749
Muskego, WI 53150-0749
Direct (262) 679-5686
This message originates from David Simpson. It contains information that may be confidential or privileged and is intended only for the individual named above. It
is prohibited for anyone to disclose, copy, distribute or use the contents of this message without permission, except as allowed by Wisconsin Public Records Laws. If
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personal messages express views solely of the sender, which are not attributed to the municipality I represent, and may not be copied or distributed without this
disclaimer.
Inpro® Interior and Exterior Architectural Products
Protecting Your Buildings and the People Who Use Them.
Visit http://www.inprocorp.com to buy online and
download BIM objects, specs and installation instructions.
Interact with Inpro -Facebook: http://www.facebook.com/inproCorpTwitter: http://twitter.com/inproCorp
YouTube: http://www.youtube.com/inproCorporation
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