Public Works Committee Packet - 7/20/2015
CITY OF MUSKEGO
PUBLIC WORKS COMMITTEE AGENDA
July 20, 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 HELD JUNE 15, 2015
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 Request for Proposals for 2016-2020
NEW BUSINESS
Discussion update and possible action may be taken on any or all of the following:
1. Review request from Bryon Hrin to consider allowing driveway access to Parker Drive
from parcels identified by Tax Keys 2280-999-010 and 2280-999-011.
2. Review and potential approval of the 2014 Compliance Maintenance Annual Report
3. Review Bay Lane Public Information Meeting comments and discuss alternatives
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
June 15, 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
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Ald. Hammel, Ald. Borgman, and Ald. Kupasta. Also present: Public Works Director
David Simpson.
STATEMENT OF PUBLIC NOTICE
The meeting was noticed in accordance with the open meeting laws.
APPROVAL OF MINUTES FROM THE MAY 18, 2015 MEETING.
Alderman Borgman made a motion to approve the minutes of the May 18,
2015 meeting. Alderman Kapusta seconded.
Motion Passed 3 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 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:
Review request from Inpro Corporation to allow a monument sign within the vision corner at
Mercury Drive and Janesville Road.
Alderman Borgman made a motion to approve the request from Inpro Corporation to
allow a monument sign within the vision corner at Mercury Drive and Janesville
Road. Alderman Kapusta seconded.
Motion Passed 3 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 Borgman made a motion to adjourn at 6:37 PM. Alderman Kapusta
seconded.
Motion Passed 3 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: July 15, 2015
Based on past conversations at the Committee I have edited the attached Request
for Proposals to include the following provisions. I would like to make any last
changes at the Committee on July 20th so that the final RFP can be release on July
23rd. The RFP is written to include the following:
Asks for prices to collect recyclables and haul to the joint County/Milwaukee
recycling facility and for the contractor keeping the recyclables.
Asks for a price for manual collection and automated collection.
Asks for costs to have the carts to be owned by the City if automated
collection is chosen. Both a 96 gallon and 64 gallon cart would be available.
Has extended the yard waste drop off site hours to 2:00pm.
States that when a resident has Friday collection they will be allowed to call
for Monday collection if needed.
If automated collection is chosen we are asking for a length of drive
exemption. I currently have it written as 1,000 feet, which is approximately
112 homes but this can easily be changed per Committee direction. The
following other lengths have been calculated as well: 900 feet/138 homes, 800
feet/170 homes, 700 feet/195 homes, 600 feet/245 homes, 500 feet/327 homes,
400 feet/457 homes.
If automated collection is chosen we have it written that resident would be
allowed to set out additional bags every week.
I would like to issue the RFP on July 23rd with questions due by August 14th so that
we can discuss the questions at the August 17th PW Committee meeting if needed so
that an amendment can be issued August 20th with a proposal due date of August
27th.
Recommendation for Action by Committee:
Recommend approval of the attached RFP.
Page 1 of 1
City of Muskego
REQUEST FOR PROPOSAL
FOR
CITY OF MUSKEGO REFUSE & RECYCLING COLLECTION
CONTACT INFORMATION
RFP Coordinator
David Simpson
E-mail
dsimpson@cityofmuskego.org
Fax
262-679-5614
Mailing Address
W182S8200 Racine Ave., Muskego, WI 53150
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:
July 23, 2015
Questions Due:
August 14, 2015
Amendment Issued:
August 20, 2015
Proposals Due:
August 27, 2015
Proposal Requirements, Page 1 of 3
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 City of Muskego prohibits communication initiated by the respondent to any City of Muskego 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. Please note the due dates and times noted
on Page 1 for final questions. All questions must be submitted to the RFP Coordinator in writing, via fax or
email, with the RFP Description clearly identified.
If it becomes necessary to clarify or revise any part of this RFP, amendments will be posted to the City’s
website; www.cityofmuskego.org, 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
There will be no pre-proposal conference.
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 City of Muskego 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 City of Muskego, 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 City of Muskego or as part of the negotiation process.
Proposals may be withdrawn only in total, and only by a written request to the City of Muskego prior to the
time and date scheduled for opening of proposals.
7. PROPOSAL FORMAT & SUBMISSION
Proposal Requirements, Page 2 of 3
a) Format:
In order for the City to adequately compare proposals and evaluate them uniformly and objectively,
firms must complete only the Proposal Response and Pricing Documents provided by the City of
Muskego; i.e. do not submit the Proposal Response Document and a response in another form/format.
The Proposal Response document is posted on the City of Muskego 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:
Respondent must submit via email to dsimpson@cityofmuskego.org no later than 2:00 P.M. CST on
August 27th, 2015. You should receive an email confirming receipt of your submission. If you do
not receive confirmation of your submission please call 262-679-4145 to make arrangements for
alternate submittal options.
c) 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.
8. EVALUATION & AWARD RECOMMENDATIONS
Award recommendations will be made to the responsive, responsible, qualified Contractor who complies
with the requirements as it pertains to the overall needs of the City of Muskego. The City of Muskego will
negotiate with the firm which that the City chooses.
9. 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 City of Muskego
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.
10. RESERVATIONS
This RFP does not commit the City of Muskego to pay any costs incurred in the preparation of a response to
this request or to procure or contract for services. The City of Muskego 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.
11. NON-INTEREST OF CITY OF MUSKEGO EMPLOYEES AND OFFICIALS
No City of Muskego 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.
12. RFP TABULATIONS
RFP tabulations are available to the public after contract execution.
Proposal Requirements, Page 3 of 3
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. Refuse Collection Service------------------------------------------------------------------------------------------------
b. Single Sort Recycling Collection----------------------------------------------------------------------------------------
c. Provision of Collection Receptacles------------------------------------------------------------------------------------
d. Summary of Contract Terms--------------------------------------------------------------------------------------------
e. City of Muskego Demographics Information: Service Area Growth------------------------------------------
f. Vendor Agreement--------------------------------------------------------------------------------------------------------
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V. BUSINESS ASPECTS OF PROCUREMENT---------------------------------------------------------------------------------
a. Exclusive Service (No Open Market Competition for Residential Units)-----------------------------------------
b. Mandatory Service (Not Subscription)--------------------------------------------------------------------------------
c. Amortization of Equipment---------------------------------------------------------------------------------------------
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VI. PROCUREMENT GOALS-------------------------------------------------------------------------------------------------------- 4
VII.
VIII. SCOPE OF SERVICES-------------------------------------------------------------------------------------------------------------
a. Customer Education-------------------------------------------------------------------------------------------------------
b. Commencement of Services----------------------------------------------------------------------------------------------
c. Bulky Item Disposal-------------------------------------------------------------------------------------------------------
d. Collection at City of Muskego Buildings and Designated Sites---------------------------------------------------
e. Service Days and Hours---------------------------------------------------------------------------------------------------
f. Routing-----------------------------------------------------------------------------------------------------------------------
g. Automated Collection Receptacle Provisions (if this option is chosen)------------------------------------------
h. Special Receptacle Roll Out Service------------------------------------------------------------------------------------
i. Collection at Long Driveways--------------------------------------------------------------------------------------------
j. Special Allowances for Collection in Alleys and Tight Spaces-----------------------------------------------------
k. Collection on Underconstructed Roadways---------------------------------------------------------------------------
l. Emergency Services--------------------------------------------------------------------------------------------------------
m. Missed Pickups and Other Complaints--------------------------------------------------------------------------------
n. Service Fees------------------------------------------------------------------------------------------------------------------
o. Refuse Recycling Collection-----------------------------------------------------------------------------------------------
p. Refuse Disposal-------------------------------------------------------------------------------------------------------------
q. Recyclable Collection and Transportation----------------------------------------------------------------------------
r. Transport of Recyclables-------------------------------------------------------------------------------------------------
s. Yard Waste Drop Off Site------------------------------------------------------------------------------------------------
t. Reporting and Record Keeping-----------------------------------------------------------------------------------------
u. Vehicles, Drivers and Equipment--------------------------------------------------------------------------------------
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IX. CONTRACT TERM----------------------------------------------------------------------------------------------------------------- 13
X. PRICING – ANNUAL SERVICE FEE ADJUSTMENT--------------------------------------------------------------------- 13
XI. OSHA REQUIREMENTS---------------------------------------------------------------------------------------------------------- 14
XII. SAFETY TO THE PUBLIC-------------------------------------------------------------------------------------------------------- 14
XIII. OTHER--------------------------------------------------------------------------------------------------------------------------------- 14
XIV. INSURANCE-------------------------------------------------------------------------------------------------------------------------- 14
XV. PROPOSAL CHECKLIST-------------------------------------------------------------------------------------------------------------- 15
City of Muskego-Refuse/Recycling RFP page 1 of 15
REQUEST FOR PROPOSAL
CITY OF MUSKEGO REFUSE & RECYCLING COLLECTION
I. INTRODUCTION
The purpose of this Request for Proposal (RFP) is to provide Refuse and Recycling Collection for
Residential and City of Muskego Sites (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 units: furniture,
including metal desks, mattresses and storage cabinets, tied rolls of carpeting meeting
the following requirements: not larger than 12 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. Large appliances
including washers, dryers, refrigerators, etc. Christmas Trees. Tires
Contractor Awarded Vendor for any or all refuse and recycling 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 City of Muskego
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 8 or less dwelling units per
building who receive Solid Waste Collection service from the City of Muskego 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)
City of Muskego-Refuse/Recycling RFP page 2 of 15
b) Reference Documents
The following documents are referenced throughout the RFP and have been posted on the City of
Muskego website with this solicitation. Only Appendix A must be returned with the proposal.
Appendices
Appendix A Waukesha County Recycling Facility Delivery Protocol
Appendix B Sample Contract
Appendix C Locations of City Facilities
Appendix D Locations of School Owned Facilities
Appendix E Map of Underconstructed Roadways
Exhibit X Excerpt taken from Landfill Contract
Technical Proposal Documents and Forms
Form 1 Vendor Response
Form 2 Signature Page
Financial Proposal Forms
Form 1A Service Cost Form
II. BACKGROUND
The City of Muskego has approximately 8,118 single family homes, 372 two family units, and 880
multifamily units (3 units per building or greater) from which refuse and recycling are currently collected
curbside. In 2014 approximately 6,500 tons of refuse was collected and 2,140 tons of recyclables were
collected. The City is currently contracted with Advanced Disposal for collection and will reach the end of
our current contract at the end of 2015. We are looking to potentially convert from manual refuse collection
to automated collection and are asking for costs to complete collection both ways and will make the decision
based partially on cost. The City currently collects recyclables every other week utilizing semi-automated
collection from City owned carts and are looking to continue the same way.
The City of Muskego 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 other week.
• Current recycling pick up is Single Sort
• City of Muskego has manual collection for refuse and semi-automated for recycling.
• Recycling containers are owned by the City of Muskego
IV. GENERAL INFORMATION
a) Refuse Collection Service
The City of Muskego is exploring moving to automated curbside refuse collection and is asking for
costs for both manual and automated collection.
b) Single Sort Recycling Collection
The City of Muskego requires a single sort recycling service with all recyclables commingled in one
larger container. The City of Muskego 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.
City of Muskego-Refuse/Recycling RFP page 3 of 15
c) Provision of Collection Receptacles
The City of Muskego is requesting separate costs for leasing collection receptacles for refuse to be
provided by the Contractor.
d) Summary of Contract Terms
The term of the contract shall be five (5) years with one (1) two-year renewable option.
e) City of Muskego Demographics Information: Service Area Growth
The City of Muskego makes no representations or projections about future household growth rates. .
f) 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 City of Muskego 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 City of Muskego 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 City of Muskego’s combined population is
24,304 with approximately 9,370 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: five-year (5) base contract term with one (1) two-year
(2) renewable option. The City of Muskego reserves 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 City of Muskego recycling rates.
3. Improve reporting and record keeping.
4. Obtain transparent pricing and simplify annual fee adjustments.
5. Obtain pricing on consolidation
VII. SCOPE OF SERVICES
a) Customer Education.
The Contractor shall cooperate with the City of Muskego to implement the new contract.
i. Contractor Transition. Contractor acknowledges that it is of the utmost importance to City of
Muskego 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:
City of Muskego-Refuse/Recycling RFP page 4 of 15
a) Timely collection at each customer’s premise,
b) accurate billing of customers for customer special service surcharges,
c) distributing refuse 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 City of Muskego, 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) City of Muskego outreach and City of Muskego 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
b) Commencement of Services
January 1, 2016. The City of Muskego 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 City of Muskego is requiring that bulky items be picked up and the fee to be included with the
refuse collection fees. No additional compensation will be given by the City or Residents for this
service. Residents will be required to call the Contractor to schedule pick up for all bulky items except
for Christmas trees or tires (one tire per week per household) which must be picked up by the Contractor
when set out as part of the weekly collection.
d) Collection at City of Muskego 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 City of Muskego buildings or facilities (such
as the city hall, the fire station, or police office) in the service area as scheduled through mutual
agreement, without charge to the City of Muskego (details provided on Exhibit C). Contractor
shall provide City of Muskego with receptacles in sufficient number and capacity to contain
refuse and recyclables in a number and minimum size as described in Exhibit C.
ii. The recyclables collected from the various City of Muskego service receptacles in each of the
City of Muskego facilities 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 City of Muskego 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 City of Muskego representative, and
propose appropriately sized receptacles as necessary.
e) Service Days and Hours
i. Regular Schedule.
Contractor shall provide collection on service days during collection hours.
ii. Holiday Schedule.
City of Muskego-Refuse/Recycling RFP page 5 of 15
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 City of Muskego
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 City of Muskego 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 City of Muskego 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 City of Muskego with route maps and sheets for each collection route, including the
following information:
• Beginning and ending points for each route, with route marked on a map;
City of Muskego 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 City of Muskego, Contractor shall promptly revise the maps, schedules, and route
sheets to reflect the comments and return them to City of Muskego for corroboration and
approval.
b. Route changes with City of Muskego Consent
• Contractor shall submit to City of Muskego, in writing, any proposed change in
collection route maps not less than 60 days prior to Contractor’s proposed date of the
change.
• Upon City of Muskego 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
City of Muskego may conduct audits of Contractor's collection routes. Contractor shall cooperate
with City of Muskego on route audits, including permitting City of Muskego employees or other
persons designated by City of Muskego to follow the 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 City of Muskego to conduct audits.
iii. Commingling with Other City of Muskego Refuse and/or Recyclables
City of Muskego-Refuse/Recycling RFP page 6 of 15
If Contractor commingles refuse or recyclables (from the service area) with refuse or recyclables
(from other jurisdictions) on any collection route, Contractor shall provide City of Muskego with a
protocol satisfactory to City of Muskego to accurately account for tonnage (or volume) attributable
to the City of Muskego’s jurisdiction and provide accurate reporting to the City.
g) Automated Collection Receptacle Provisions (if this option is chosen)
Automated collection is being considered and these are basic performance specifications with respect to
receptacles:
i. Receptacle Specifications
At the City of Muskego’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 City of Muskego),
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 City of Muskego 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 City of Muskego 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. Ownership
The Contractor, within 5 business days of termination or expiration, shall transfer ownership of
any or all refuse and/or recycling receptacles to the City of Muskego.
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:
City of Muskego-Refuse/Recycling RFP page 7 of 15
• Elderly or handicapped (as defined)
• Residential customer directed by the City of Muskego who may not meet the criteria
in preceding item, but who demonstrates to the City of Muskego 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) Collection at Long Drives
If automated refuse collection is chosen there will be required exemptions for residents with driveways
over 1,000 feet in length. These residents will be allowed to place their refuse out for manual type
collections. There are currently approximately 130 driveways over 1,000 feet in length.
j) 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 City of Muskego specification sheets in Appendix B may identify these special areas but it
is the responsibility of the Contractor to determine all the City of Muskego needs for its proposal.
k) Collection on Underconstructed Roadways
Collection of refuse/recycling on underconstructed roadways, alleys, and light vehicle side streets shall
be collected with light weight vehicles that will not cause damage or significant wear to the under-
constructed roads. These vehicles shall be smaller than or equivalent to the weight of a standard half-ton
pickup truck. Contactor shall receive no additional compensation for this requirement. See Appendix E
which shows all current roadways for which this section applies.
l) Emergency Services
i. Nature of Emergency Services.
Within 24 hours of receipt of electronic notification by the City of Muskego, 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
City of Muskego, 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
City of Muskego. 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 City of Muskego).
ii. Reporting.
Contractor shall cooperate with City of Muskego, 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 City of Muskego 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 City of Muskego determines there is a danger to public
health, safety, or welfare.
City of Muskego-Refuse/Recycling RFP page 8 of 15
m) 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
collect, deliver, exchange, or repair. If Contractor does not provide a Contract service in a timely
manner, City of Muskego may provide the Contract service itself or through a third party and
Contractor shall reimburse the City of Muskego’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 City of Muskego. Contractor shall not refer or forward customers to City of
Muskego for resolution of complaints or answers to inquiries unless customer insists, in which
event Contractor shall refer customers to the City of Muskego 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.
vi. Friday Pick-Ups. Residents with Friday pickup shall be allowed to call for a Monday pickup
regardless of the circumstances surrounding the request at no additional fee to the City or
Resident.
n) Service Fees
i. Contractor’s compensation (service fees) v. customer charges (City of Muskego-set rates). City
of Muskego shall pay contractor the aggregate monthly service fee based on proposed fees,
which will be scheduled in the Contract(s). City of Muskego will covenant to charge rates
(whether through tax assessments or utility bills), together with other available amounts,
sufficient to pay the service fees. The City of Muskego 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.
o) Refuse/Recycling Collection
i. Mandatory Residential Collection. Beginning on the service commencement date, Contractor
shall collect all refuse in the Contract service area weekly, on the regularly scheduled collection
day for that set-out site.
ii. Manual Curbside Collection Option (weekly)
a) Contractor picks up residents set out bags and/or refuse from owner’s containers.
b) Roll-out service for elderly or handicapped residents.
iii. Curbside Automated Collection Option (weekly)
c) Contractor-provided 95/96 gallon receptacle at curb or alley.
d) Roll-out service for elderly or handicapped residents.
e) Residents with drives longer than 1,000 feet shall be allowed to set out bags only and not
utilize a cart.
f) All residents will be allowed to set out additional garbage in bags if the receptacle is not
large enough.
iv. Refuse Collection Receptacles (if selected)
City of Muskego-Refuse/Recycling RFP page 9 of 15
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, 95/96 gallon receptacles shall be provided for refuse,
and 64/65 gallon receptacles shall be provided for residents only upon request.
b) The monthly fee for provision of receptacles must be identified separately from collection
fees.
v. 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 City of Muskego from obligation or liability to Contractor for those costs of
disposal. Promptly upon City of Muskego request, Contractor shall reimburse City of Muskego
for City of Muskego’s reimbursement costs of handling unpermitted waste if Contractor does not
do so. The Contractor shall have an Unpermitted Waste protocol in place.
vi. 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.
vii. Bulky Item and Appliances Collection
a) On-call bulky item curbside collection, weekly (set-outs called in by customer or driver).
b) No additional compensation will be given for this service.
viii. 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 City of Muskego) 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.
p) Refuse Disposal
The City designates that the Contractor is required to dispose of all of refuse material at the
Advanced Disposal Emerald Park Landfill located at W124 S10629 124th Street, Muskego, WI
53150. This requirement is pursuant to the landfill expansion agreement settled March 21, 2000,
between the Superior Emerald Park Landfill Siting Committee and Superior Emerald Park
Landfill, Inc. (now Advanced Disposal Emerald Park Landfill). Under this agreement Advanced
Disposal is obligated to accept certain municipal solid waste generated within the City of
Muskego generally without charge and generally as set forth in Exhibit X attached hereto and
made a part thereof. The specific contract documents are available upon request from the City of
Muskego.
i. 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.
q) Recyclable Collection and Transportation
i. Curbside Semi-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
City of Muskego-Refuse/Recycling RFP page 10 of 15
a) 64 gallon wheeled receptacles are previously furnished by the City of Muskego and shall
be used.
b) Contractor shall supply all new and additional customers a 64- gallon cart similar in
fashion to the style previously supplied to the City, as determined by the Superintendent
of Public Works. The containers shall be the same style and color as the existing
containers and shall read “ The City of Muskego Recycles”. No additional language or
advertising will be allowed on the containers without written permission from the City of
Muskego. All carts previously provided that become damaged due to normal “wear and
tear” shall be replaced at the Contractor’s expense. Compensation will be made on a per
household per month and should be provided in Form 1A.
iii. Single Stream Collection
Contractor must collect Single Stream Recyclables, unless otherwise specified, for delivery to
County designated MRF or Contractor designated MRF.
ii. Prohibition on Mixing Solid Waste and Recyclables
Contactor may not, at any time, mix City of Muskego solid waste and recyclables.
r) Transport of Recyclables
Contractor shall transport recyclables to either the County designated MRF or Contractor designated
MRF as directed by the City of Muskego based on proposal evaluations. Contractor shall not dispose of
any recyclables without prior City of Muskego permission. Contractor shall comply with the County
delivery protocol for all sites (only under consolidation).
s) Yard Waste Drop Off Site
Contractor shall furnish a location and staff said site in the City of Muskego for Saturday residential
yard waste drop-off. Hours of operation shall be from 7:00am to 2:00pm every Saturday from the first
Saturday in March to the second Saturday of December. Contractor shall be allowed to close the yard
waste site for three (3) predetermined holidays/occasions per year. These closing must be posted at the
site at a minimum of three (3) weeks prior to the closure as well as on their web-site. The site shall be
agreed upon by Contractor and City of Muskego and located within one (1) mile of the intersection of
Janesville Road and Lannon Drive. Contractor shall furnish the suitable containers to accommodate
yard waste so that wait times for drop-off do not exceed 10 minutes from the customer arrives to the
time they are able to begin unloading their materials.
i. Fees.
The fee shall be a yearly cost and shall be invoiced monthly.
ii. Accepted Materials.
a) Yard Waste such as grass clipping, leaves, yard and garden debris and brush, including
woody vegetative material.
b) 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.
t) Reporting and Record Keeping
Contractors must maintain operational and fiscal records and prepare reports as requested by City of
Muskego.
i. Consistent Reporting. The City of Muskego recognizes that for the sake of efficiency and route
optimization, certain collection routes may be split between two or more municipalities. It is
expected that in these cases, the hauler’s reports shall reflect a pro-rated allocation of tonnage
City of Muskego-Refuse/Recycling RFP page 11 of 15
between the two municipalities. Under consolidation only, the Contractor would be required to
provide the same collection and disposal data to the County that is reported to the City of
Muskego.
ii. Timely Communication. The Contractor must communicate changes in all routes, to the
affected City of Muskego 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 City of Muskego with all issued routing assignment
sheets would suffice to meet the timely communication requirement.
iii. Reporting Requirements. The City of Muskego 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 City of Muskego 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 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 City of Muskego 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 City of Muskego.
u) Vehicles, Drivers and Equipment
i. Vehicles used must comply with all Wisconsin Department of Transportation and City of Muskego
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. City of Muskego may inspect vehicles during Contractor office hours.
b) Appearance. Contractor acknowledges that it is important to City of Muskego 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
City of Muskego-Refuse/Recycling RFP page 12 of 15
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.
VIII. CONTRACT TERM
The term of the contract shall be for five (5) years and one (1) two (2) year renewable option.
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 12 months of the contract. Beginning on January 1, 2017 the
Contractor’s service fees may be adjusted annually based on changes to the Consumer Price Index
(CPI) and/or published fuel price indices based on percentages provided in proposals.
b) Applicable Cost Components.
Each proposal must include a minimum and maximum annual rate adjustment. Please understand that
the maximum annual rate adjustment may be used by the City of Muskego 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. 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 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.
d) Calculation of Annual Rate Increase.
At the end of the first year of the original term (December 31, 2016) and at the end of each calendar year
thereafter, the amount for items described in Form 1A, Schedule A and E will be adjusted annually. The
Annual Rate Increase adjustment for any one year shall be a minimum percentage as shown on Form
1A, Schedule C1 but no greater than the percentage as shown on Form 1A, Schedule C2 well as any
increases in federal, state and/or local fees affecting the collection of any refuse/recycling material.
City of Muskego-Refuse/Recycling RFP page 13 of 15
Subject to the foregoing, the ARI adjustment shall be determined in accordance with the change in the
Consumer Price Index” using the National CPI-U Index published by the Bureau of Labor Statistics
Consumer Price Index (August to August) using the August Index published on or about September 15,
2015, as the base date and comparing it with the “Consumer Price Index” (National CPI-U Index)
published in September of subsequent years. In each case annually, at the end of each calendar year, the
amount payable shall be adjusted in accordance with the foregoing only once for each annual period.
Said changes, based on the CPI-U Index shall be reflected in the monthly payments commencing with
January, 2017.
e) Diesel Fuel Surcharge.
Rates are subject to a diesel fuel surcharge regardless of the vehicle’s engine type being used for
collection. This surcharge establishes a base fuel price of $4.00 per gallon. For each $.10 per gallon
increase above the base fuel price the monthly rate will increase the percentage as shown on Form 1A
Schedule C3. This adjustment will be made on a monthly basis. The average diesel fuel price will be
taken from the Energy Information Administration of the United States Department of Energy (DOE)
Midwest Region http://tonto.eia.doe.gov/oog/info/wohdp/diesel.asp on or about the 15th of each month
(for that month’s invoice). The fuel surcharge will be reviewed monthly, and if applicable, be billed as
a separate line item on the invoice. If mutually agreed by the parties, a different source may be used to
determine the average diesel fuel price.
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 City of Muskego 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 City of Muskego 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 City of Muskego personnel, the
City of Muskego shall be notified immediately. The City of Muskego will address all requests and
reserve the right to review such procedures to ensure acceptability.
XIII. 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 City of
Muskego 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 City of Muskego and upon request, certified
copies of the required insurance policies. The City of Muskego shall be named as additional insured
City of Muskego-Refuse/Recycling RFP page 14 of 15
with respect to general liability coverage. The Certificate shall reference the contract and provide for
thirty (30) days advance notice of 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 City of
Muskego’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 City of Muskego,
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.
XIV. PROPOSAL CHECKLIST
FINANCIAL FORM – MUST BE SUBMITTED ELECTRONICALLY
FORM 1A- SERVICE COST PROPOSAL
TECHNICAL FORMS – MUST BE SUBMITTED ELECTRONICALLY
FORM 1 - VENDOR RESPONSE
FORM 2 - SIGNATURE PAGE
City of Muskego-Refuse/Recycling RFP page 15 of 15
SCHEDULE A - BASIC RESIDENTIAL CONTRACT SERVICES 9,370
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A.1
A.2
A.2.a.
SCHEDULE B - ADDITIONAL RESIDENTIAL SERVICE CHARGES
B.2
SCHEDULE C - ANNUAL RATE ADJUSTMENT & FUEL SURCHARGES
C.1 Minimum Annual Rate Increase (ARI) %
C.2 Maximum Annual Rate Increase (ARI)%
C.3 Diesel Fuel Surcharge- For each $0.10 above $4.00 per gallon, the monthly charge will increase by this %%
Note: Rate Increases & Fuel Surcharges applies to schedule A & E ONLY
SCHEDULE D - PROVISION OF RECEPTACLES AND RELATED SERVICES*
D.1
D.2
SCHEDULE E - COLLECTION OF MUSKEGO/NORWAY SCHOOL DISTRICT
E.1
Total Households/Units:
Contract Service Description
Option for Manual Curbside
Service Fee Per Unit Per
Month
Option for Automated Curbside
Service Fee Per Unit Per Month-
(Every Other Week for Recycling)
Weekly Refuse Collection (not including receptacle fee)$$
Single Stream Recyclables Collection & Delivery to Contractor
Designated MRF (Every Other Week)N/A $
Single Stream Recyclables Collection & Delivery to Waukesha
County Designated MRF (Every Other Week)N/A $
96 gallon (Including Maintenance Cost)
Yard Waste Drop Off Site
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Receptacle (Recycling and Refuse)
*Assume a 60 month contract period. Lease to own receptacles will
require City Approved lettering
Refuse Receptacle
$
Annual Cost
Refuse & Recycling Collection at School Sites Idendified in Exhibit C
Service Cost Proposal
Form 1A
City of Muskego
$
N/A
City's Existing Carts
Maintenance/ Replacement/
New Home Supply Fee
($/HH/Month)
Lease-to-own new carts $/HH/Month
(City to Own Carts)
$
$
Annual Cost
$
Recycling Receptacle
64 gallon (Including Maintenance Cost)
FORM 1
CITY OF MUSKEGO
REFUSE AND RECYCLING 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 (Form 1A).
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 the City of Muskego’s 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 4
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 4
7. Has your firm ever filed for Bankruptcy? If yes, please indicate state, date, court jurisdiction and docket number.
VENDOR RESPONSE:
8. If applicable, please describe any pending litigation against your firm.
VENDOR RESPONSE:
9. 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:
II. Staff Qualifications
10. 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. Proposed Program Implementation Plan and Services
11. 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:
12. 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:
Page 3 of 4
13. Commencement of Services Collection at City Buildings and Designated Sites: Does your firm agree to
pick up at designated sites without additional charge to City and conduct a receptacle audit within the first year of
contracted services?
VENDOR RESPONSE:
14. Container Provisions: Explain how your firm will comply with the required acquisition, delivery, maintenance,
repair and additional receptacle specifications listed if the City chooses Automated Collection. Please describe
plan for provision of refuse and recycling receptacles.
VENDOR RESPONSE:
15. 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:
16. 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:
17. 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 Muskego residents 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
VENDOR RESPONSE:
Page 4 of 4
ENGINEERING DIVISION
W182 S8200 Racine Avenue, PO Box 749
Muskego, Wisconsin 53150-0749
(262) 679-4145 FAX (262) 679-5614
FORM 2 - RFP SIGNATURE PAGE
All RFP's must be signed to be considered
Description: RFP FOR CITY OF MUSKEGO REFUSE & RECYCLING COLLECTION
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 City of Muskego 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 City of Muskego 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 City of Muskego.
Complete all boxed areas, including Amendment number(s) and manually sign the document prior to scanning and
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 No/s. 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 City of Muskego (“City”)
City Representative
David Simpson
Director of Public Works/City Engineer
W182 S8200 Racine Ave.
Muskego, WI 53150
262-679-5686
[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 City of Muskego (hereinafter “City”) and [Insert name of Contractor
here] (hereinafter “Contractor”).
PART 1. GENERAL TERMS AND CONDITIONS
RECITALS:
WHEREAS, the City 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 City; and
WHEREAS, the City desires that an independent Contractor be utilized to perform said
Collection and Disposal services for properties within the legal boundary limits of the City 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 City limits; and
WHEREAS, the City 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 City limits; and
WHEREAS, the City 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 12 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.
• appliances such as stoves, refrigerators, washers, dryers, etc.
• Christmas Trees
• Tires
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Bulky Items does not mean any item weighing in excess of 50 pounds or any of the
following:
• 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 other than one tire per week/unit.
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 City.
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 City.
Contractor Payment Obligations means amounts due and payable by Contractor to City,
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 City is arranging for Solid Waste
Collection services from Contractor.
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Designated MRF means the Material Recovery Facility located at [insert address here] where all
collected recyclable material is delivered for processing and marketing if this option is chosen.
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.
City means City of Muskego and for purpose of Indemnities, City’s Related Parties.
City Business Day means any day on which City administration office is open to do business
with the public.
City Governing Body means the Common Council of the City.
City Representative means the person named by City as required by Section 16.01 and
identified on the front page of this Contract.
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City’s Related Parties means City’s officers, employees, agents, representatives, servants,
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 City under this Contract.
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RFP means Request for Proposal, and all subsequent amendments, for Residential and
Municipal Refuse, Recycling and Yard Waste Collection, released on July 23, 2015 by the City.
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 City);
B. sabotage, explosion;
C. insurrection, riot or civil disturbance, war or other emergency affecting City declared by
the President of the United Sates or Congress of the United States, the Governor of
Wisconsin or the City Governing Body;
D. failure of public agency or private utility to provide and maintain water, power, or service
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at Contractor’s operations and maintenance yard or administrative offices;
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 City 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 City 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 City 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 City 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
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debris resulting from natural disasters such as earthquakes, storms, tornadoes, floods,
riots, and civil disturbances, for which Contractor shall be reimbursed by the City
separately from this Contract. Within 24 hours of receipt of electronic notification from
the City, followed as soon as practicable by written notice, Contractor shall propose a
plan, including cost in writing. Should City accept Contractor’s plan, Contractor shall
commence implementing the approved plan as established under the accepted plan.
B. Reporting. Should City accept Contractor’s plan, Contractor shall cooperate with City,
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 City for Disposal or Recycling as appropriate and required by law and this Contract.
Service provided shall be automated or manual 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
Refuse 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 City as a monthly fee on a per Receptacle basis. The Contractor shall
deliver a new Refuse and Recycling Receptacle to new households during the term of
the Contract upon notice from the City.
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 City 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
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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.
1. Bulky Items. Contractor shall Collect Bulky Items curbside weekly 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 City may provide the Contract service itself or through a third party and
Contractor shall reimburse the City’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 City 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.
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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
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 City
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 City 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 City’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 City.
3. Contractor shall not begin actual Collection before 7:00 a.m. nor continue after 6:00
p.m., unless authorized by the City 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
City 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 City. Contractor shall not refer or forward Customers to City for
resolution of complaints or answers to inquiries unless Customer insists, in which event
Contractor shall refer Customers to the City’s Representative.
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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.
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 City as found on
Appendix D. Contractor shall provide City with Receptacles in sufficient number and
capacity to contain Refuse and Recyclables as described in Appendix D. 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 City to hold the volume of material
being discarded. Contractor shall communicate findings of the audit to the City
Representative, and propose appropriately sized Receptacles as necessary.
3.05 Receptacle Standards.
A. Size. The standard size Receptacle for curbside pickup shall be 64-gallon containers for
recycling and 96-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 City, the following
text:
- 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.”
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- any Discard weight limitations.
Contractor may combine the text of these items in one or more decals placed inside the
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 City’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. Not Applicable.
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
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necessitated by mechanical failure or accidental damage. Contractor will
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. City Reimbursement Costs. If Contractor fails to clean up Solid Waste or liquids
within 2 hours after receiving notice from the City of the spill or leak, City may clean
up the spill or leak. Upon the City’s request, Contractor will reimburse City for
City’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 City 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 City 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
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responsible for damage, within 5 City business days of making its determination,
Contractor will provide the Customer and City 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 City may resolve the
dispute at City’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 City or Customer
can demonstrate the following to satisfaction of City:
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 City 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
City or Customer can demonstrate to satisfaction of City that the damages are the
result of the inattention, carelessness, or negligence of Contractor. City 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 City, 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 City 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.
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A. Identification, Appearance, Conduct. Contractor will train and require each of its
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 City.
A. Phone calls. Contractor will return telephone calls from City to the individual who made
that call no later than the next City business day.
B. Meetings. Within one week of oral or written direction by City, Contractor will meet
with the City during City office hours at the offices directed by that City.
1. E-mails. Contractor will respond to all e-mails from City within 48 hours of receipt
except on weekends and Holidays.
2. Written correspondence. Contractor will respond to written correspondence from
City within one week of receipt or other time specified by City.
3.12 Cooperation with Waste Studies. Contractor will cooperate with City on all waste
composition studies conducted no more frequently than once each Contract year, at no cost to
City, 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
City.
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 City will compensate Contractor the Contractor service fee
for providing Contract services in compliance with all Performance Obligations. The City
shall pay Contractor as provided on Schedule 1, Items A.1, A.2 or A.2.a. B.2, C.1-C.3, D.1,
D.2 and E.1. The monthly total charged for Collection and Receptacles shall reflect changes
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to the number of Residential Customers. The rate shall be adjusted annually as 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 City.
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.
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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 [X
percent (%)] as provided by the Contractor’s proposal.
4.04 Calculation of Annual Rate Adjustment.
At the end of the first year of the original term (December 31, 2016) and at the end of each
calendar year thereafter, the amount for items described in Form 1A, Schedule A and E will be
adjusted annually. The Annual Rate Increase adjustment for any one year shall be a minimum
percentage as shown on Form 1A, Schedule C1 but no greater than the percentage as shown on
Form 1A, Schedule C2 well as any increases in federal, state and/or local fees affecting the
collection of any refuse/recycling material. Subject to the foregoing, the ARI adjustment shall be
determined in accordance with the change in the Consumer Price Index” using the National CPI-
U Index published by the Bureau of Labor Statistics Consumer Price Index (August to August)
using the August Index published on or about September 15, 2015, as the base date and
comparing it with the “Consumer Price Index” (National CPI-U Index) published in September
of subsequent years. In each case annually, at the end of each calendar year, the amount payable
shall be adjusted in accordance with the foregoing only once for each annual period. Said
changes, based on the CPI-U Index shall be reflected in the monthly payments commencing with
January, 2017.
B. Diesel Fuel Surcharge.
Rates are subject to a diesel fuel surcharge regardless of the vehicle’s engine type
being used for collection. This surcharge establishes a base fuel price of $4.00 per
gallon. For each $.10 per gallon increase above the base fuel price the monthly rate
will increase the percentage as shown on Form 1A Schedule C3. This adjustment will
be made on a monthly basis. The average diesel fuel price will be taken from the
Energy Information Administration of the United States Department of Energy
(DOE) Midwest Region http://tonto.eia.doe.gov/oog/info/wohdp/diesel.asp on or
about the 15th of each month (for that month’s invoice). The fuel surcharge will be
reviewed monthly, and if applicable, be billed as a separate line item on the invoice.
If mutually agreed by the parties, a different source may be used to determine the
average diesel fuel price.
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).
2. Dollars. Adjustment in Contractor service fee must be rounded to nearest
penny.
D. Submission of Annual Rate Adjustment. Contractor will prepare a statement setting
forth Contractor’s detailed calculation of Contractor’s requested annual rate
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adjustment in Contractor service fee using a format prescribed by City and submit the
same no later than December 15th.
E. 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 Yard Waste Drop Off Site
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 City. The application for payment shall
identify any changes to the scope of services, such as number of households, during
the month.
B. The City’s Representative will review invoices for payment and contact Contractor
regarding discrepancies or errors. City will pay invoice 30 days from receipt except
for any unresolved discrepancies or errors. City shall not pay invoice with a credit
card and if so chooses, shall reimburse Contractor all transaction fees associated with
transaction.
C. The City’s Representative’s approval of any invoice, shall constitute a representation
to the City’s Governing Body that the conditions precedent to the Contractor being
entitled to payment as set forth herein have been fulfilled. The City 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 City’s Governing Body that all conditions
precedent to the Contractor being entitled to payment have been satisfied. The City’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 City from loss because:
- 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 City, 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 City along
with the City’s payment.
ARTICLE 5. COMPLIANCE WITH APPLICABLE LAW
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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 City.
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 City’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 City or any Customer for any fines or penalties.
5.04 City's Protection of Public Safety, Health, and Welfare. Contractor warrants and
represents that it is fully acquainted with the provisions of the City Code. No provision in this
Contract may be deemed to limit City’s police power to take any action that City 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 City’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 City’s rights to perform, or cause a third person to perform,
Contractor’s Performance Obligations in certain events, such as defaults and Uncontrollable
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 City.
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 City at that time.
C. Response to Open Records Request.
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1. Pursuant to the requirements of §19.36 (3), Stats., that the City 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 City within 7 City Business Days any Record it requests
so that the City 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 City harmless from, accept tender
of defense of City, and pay to City, all liabilities and losses asserted against or
imposed on the City or City Related Parties based on any of the following:
a. Contractor failing to provide City with requested Records upon City request,
or
b. City failing to timely respond to a Records request due to Contractor’s failure
to timely provide Records under this Article.
D. City Custody. If the City has reason to believe that records may be lost, discarded or
destroyed for any reason, the City may require that Contractor give City custody of any
or all Records related to this Contract.
E. City Inspection and Audit.
1. Location. Upon 3 City Business Days advance telephonic or written request by City,
Contractor will provide copies of Records to City and its designees for inspection,
review, or audit at the City’s offices. If Contractor cannot provide the City with
copies of Records within 3 City Business Days, Contractor will make those Records
available to the City or its designees for inspection, review, or audit at Contractor’s
office during Contractor’s office hours.
2. Scope of inspection or audit. City 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,
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c.) Customer complaint logs, and
d.) other Records that confirm compliance with Performance Obligations.
Upon request, Contractor will provide City or its designees with any additional
information (such as primary Records supporting reports) relevant to this Contract within
5 City Business Days.
3. City’s Audit Reimbursement Costs. The Contractor will reimburse the City 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 City or
b) Tonnage or amounts of Solid Waste (by type) that Contractor reported to the City
for a Contract year.
• Discrepancy 3% or more. If the discrepancy is 3% or more, Contractor will
pay City’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 City’s reimbursement costs for
the audit.
• Discrepancy 1% or less. If the discrepancy is 1% or less, Contractor is not
obligated to reimburse City’s costs for the audit.
c) In the case of a discrepancy, the City 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 City request, Contractor will update all or a
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 City. City 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 City [and the County]
in a single submission and in a form prescribed by the City 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.
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B. Annual. Contractor will submit a complete Annual Report to the City [and the County]
in a single submission and in form prescribed by the City 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 City.
D. City Reports. Each month the City 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 City 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 City 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 City with a copy of those
Records within 10 City Business Days of City request.
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 City 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
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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. City and its designees may review the accountant’s audit plan and
work papers. Contractor and its accountant(s) will meet with City and its designees, to
answer questions or discuss differences of opinion within two (2) weeks of City's
request.
6.05. RIGHT TO INSPECT AND AUDIT OPERATIONS
The City 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 City 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 City will provide five (5) City 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 City 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
entity, or
b) pursuant to written authorization of the Customer or the City.
2. No marketing. Contractor will not market or distribute mailing lists with the name or
address of Customers.
B. Cooperation with City. 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 City or applicable law,
2. assisting City to meet the requirements of the recycling program and applicable law,
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3. keeping Records,
4. providing the City with a copy of Records or discussing those Records with the City,
5. allowing the City 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 City, 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.
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 City,
2. is an admitted company in Wisconsin,
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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 City, at the following times:
a. on or before the Contract execution date,
b. within two weeks upon renewal of policies, and
c. within 10 City Business Days of the City’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;
(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);
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(3) 30 days’ cancellation or non-renewal notice: containing the express
condition that City 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 City request, Contractor will reduce any self-insured
retention as it applies to any City or provide a letter of credit, certificate of
deposit, or other financial assurance acceptable to City 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 City; 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 City:
(1) additional insured endorsement to each liability policy, explicitly adding City’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 City and its officers and employees;
(4) providing dedicated limits under a liability policy in favor of City.
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 City’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 City 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 City of the claim within
5 City Business Days.
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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 City’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 City, release, and hold harmless City and City’s
Related Parties from and against all liabilities and losses paid, incurred, or suffered by, or
asserted against, City or City’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;
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.
City 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. City Negligence Excluded. Contractor is not required to reimburse or indemnify City to
the extent any liabilities or losses are due to the negligence of City with respect to
Contract services.
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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 City 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 City, within 15 City Business Days of City request,
Contractor will reimburse the City 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 City in its sole discretion, for the benefit of
City, 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 City to draw, in
one or more drawings, not less than 12 months of the estimated service costs of the City. City
may draw on the surety as evidenced to the satisfaction of the City 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 City saying that:
A. this Contract has expired, or
B. this Contract has been terminated for a period of 180 days or other preference period
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 City in the City’s sole discretion, and
D. Contractor does not owe City any money.
THIS SECTION WILL SURVIVE THE TERMINATION OF THIS CONTRACT. The surety
instrument must be transferable to any successor or assigns of the City.
7.04 Assurance of Performance. In its sole discretion and in addition to all other remedies it
may have, City may demand from Contractor reasonable assurances of full satisfaction of
Performance Obligations by a specified date, in any or all of the following events:
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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 City 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 City determines that Contractor is in breach, City 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 City 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 City 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 City
should not have assessed all or a portion of the compensatory damages or liquidated
damages, the City 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 City as a
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 City notifies Contractor that an identified breach has occurred; and
b) Contractor does not correct that breach within 20 days of receiving the City’s
notice.
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If Contractor believes that it cannot cure the breach within 20 days, Contractor
a) may notify the City within 5 days of receiving the City’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 City, 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 City, 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 City.
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; City does not have to wait until the end
of the 12-month period to declare this Default, or
4. Failure to Comply With Law:
a) Violation
(1) Contractor does not cure any violation of applicable law to the satisfaction of
the City 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 City, 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.
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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 City to Perform Contract Service: Contractor fails to timely
allow City to exercise any of City’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
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:
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(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 City consent required by § 10.02.
6. Subcontract: Contractor engages a subcontractor or enters into a subcontract without
City knowledge and consent and does not terminate that subcontract within 15 City
business days of City 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 City 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.
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:
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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 City, 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. City’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 City 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, City 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
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 City’s assessing liquidated damages, is not an election of remedies but
is cumulative with any other available remedies.
B. City’s additional remedies. In addition to exercising any remedy available under law or
equity, upon occurrence of a default, City, 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);
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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. City may Collect Contractor Payment Obligations
due and owing by Contractor to City 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 City,
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 City’s rights to seek
compensatory damages under § 8.01 or law, City may seek the following compensatory
damages:
A. Amounts equal to any Contractor Payment Obligations or other amounts that Contractor
has previously paid to City but are subsequently recovered from that City by a trustee in
bankruptcy as preferential payments or otherwise;
B. If City terminates this Contract for default, that City’s reimbursement costs to provide or
re-procure services in lieu of Contract services; and
C. If City terminates this Contract for default, City’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.
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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. City 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 City to enforce any provision of this Contract may not be
construed as a waiver of City’s enforcement rights. City’s subsequent acceptance of any
damages or other money paid by Contractor may not be deemed to be a waiver by City 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 City upon request for either or both of the
following City’s reimbursement costs:
A. investigating any alleged breach, when such investigation concludes that Contractor was
in breach, when appropriate in City’s judgment, or
B. incurred by City as a consequence of a breach.
8.09 City Right to Perform
A. Events. City may perform, or provide for the performance of, any or all Performance
Obligations such as Collection, transportation, and delivery of Solid Waste to the
Disposal facility upon the occurrence of either of the following events determined by the
City 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 City
determines in its sole discretion that there is a danger to the public health, safety, or
welfare; or
2. Suspension or termination of Contract: City suspends or terminates all or a portion
of this Contract.
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B. Continuation. City 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, City’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 City’s satisfaction that
Contractor is ready, willing, and able to resume timely and full performance of all
Performance Obligations, or
2. Alternative service arrangements: City 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 City may give Contractor 24 hour oral notice that City is exercising any or
all of City’s rights under this Section. The oral notice will be effective immediately, but
within another 24 hours, City must confirm that oral notice with written notice.
E. Records. At the City request, Contractor will immediately provide the City or its
designees with immediate access to Contractor’s office at any time City 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 City whole for past breaches therefore,
the following liquated damages are available to the City.
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
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4 Commingling of Refuse, program Recyclables, Yard Waste,
or any other materials, unless approved by the City’s
Representative
$1,000 per occurrence. City 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
City 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 City 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, City may in its sole
discretion assess the following compensatory damages, and Contractor will pay City the
following compensatory damages:
A. City’s reimbursement cost of enforcing or securing specific performance of Contractor’s
delivery obligation.
B. City’s reimbursement cost of State Tipping Fee.
ARTICLE 9. SUSPENSION OR TERMINATION
9.01 City Right to Suspend or Terminate
A. Termination Events. City 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
Uncontrollable Circumstance under § 8.03(C);
B. Suspension Events. City 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 City that Contractor can once again fully perform Contract services. If
Contractor so demonstrates to satisfaction of City in its sole discretion, City’s right to
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suspend or terminate this Contract will cease and Contractor may resume providing
Contract services. If Contractor does not so demonstrate, City may terminate this
Contract and exercise its additional rights and remedies.
C. Notice. City will give Contractor a notice of termination or suspension effective at the
following times:
1. immediately or upon other period stated by City 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 City specifies an alternative date in the notice;
3. a date City specifies in the notice.
D. Suspension, Termination of a Portion of Performance Obligations: Reduction in
Fee. If City 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 City 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:
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 ;
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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
C. articulating general policies and procedures not related to Criminal Activity.
B. Notice. Contractor will immediately give notice to the City of either of the following
with respect to Contractor or any Contractor Representative:
1. conviction of a Criminal Activity or
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2. plea of “guilty”, nolo contendere” or “no contest” to a Criminal Activity.
Contractor will promptly notify the City 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. City 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
City (incorporated or unincorporated),
City 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 City deems appropriate, short of suspension or termination) as it
deems proper.
E. Limitations on Contractor Representative. No Contractor Representative may have
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
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10.01 City Transfer. City 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 City’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 City under §
10.01) or any other mechanism.
B. Contractor acknowledges that Contractor submitted evidence to City 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
City in entering into this Contract with Contractor. Therefore, Contractor shall not
without City consent, given in City’s sole discretion, Transfer in whole or in part,
voluntarily or involuntarily, any of the following:
a) this Contract,
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b) any rights or duties in this Contract or under the Contract,
Contractor may not circumvent City’s consent rights by securing goods or Contract
services from a subcontractor.
C. Contractor request. Without obligating City to give consent, Contractor will
demonstrate to City’s satisfaction that the proposed transferee has the operational and
financial ability to satisfy Performance Obligations. City is not obligated to consider any
proposed Transfer by Contractor if Contractor is in breach at any time during City’s
consideration.
D. Novation. If City 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
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
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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 City’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 City 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 City 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 City solely
because the County assisted the City 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 City’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 City.
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
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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 – City. 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. City’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 City in Its Governmental Capacity. Nothing in this Contract may be
interpreted as limiting the rights and obligations of City 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. City. The City 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,
B. City 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 City Name. Contractor will not do business as or use a corporate, partnership,
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venture, or other formal name, containing the name of City 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 City’s prior approval
of the subcontractor. Any subcontract entered into without City’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. City 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, 2020.
B. City options to extend term. On or before 60 days prior to the expiration of the original
term under subsection (A), City, 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,
D. all Contractor’s Performance Obligations and City’s rights with respect to Records,
including the following:
1. giving City a copy of Records, or allowing City 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),
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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 City’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 City after the expiration or termination of this Contract, prior to and
after that expiration or termination, Contractor will cooperate fully with City 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 City’s residential Customers, including providing City with Records as required under Article
6 upon request, in the format specified by City.
ARTICLE 14. CHANGE IN SCOPE OF SERVICE
14.01 Change in Performance Obligations
A. At City direction. City 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
City Business Days of receiving City’s request for proposal (or a longer period that City
may designate in light of the complexity or magnitude of the directed change).
B. Upon Contractor Proposal. Contractor may propose to City a change in the scope of
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.
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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 City.
B. City may withdraw the request for proposal at any time, for any reason, including receipt
of a proposal from Contractor unsatisfactory to the City.
C. Offer. Contractor’s proposal will be deemed Contractor's offer to City to implement the
requested or proposed change. Contractor’s proposal will remain binding for 60 days
from the date submitted to the City.
D. Failure to agree.
1. City-directed change. If the parties cannot reach agreement on a proposal directed
by the City, the City may implement the change itself or through another Person
2. Contractor-initiated proposal Changes in Law. If the parties cannot reach
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
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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 City at the following addresses:
City: David Simpson
Director of Public Works/City Engineer
W182 S8200 Racine Ave.
Muskego, WI 53150
262-679-5686
Contractor: [insert name, address,
phone, email, and FAX]
The notice may be provided in one or more of the following forms:
A. by Email;
B. by personal delivery to a Contractor or City 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 City 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
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
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counterparts. All counterparts will constitute but one and the same Contract.
17.02 Authority to Execute.
A. City. City 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.
City of Muskego:
Date: __________________________________
_______________________________________
Mayor Kathy Chiaverotti
Attest:
_______________________________________
Sharon Mueller, 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
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 City 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 City 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
Contractor shall submit to the City in advance for review and all costs for production are
the Contractors responsibility.
4. Contractor Report on Containers. Contractor shall provide the City an annual report by
February 1 each year on the number and size(s) of Recycling containers used within the
City.
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 City. [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
NOT APPLICABLE
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SCHEDULE 6
ANNUAL RATE ADJUSTMENT
Not Applicable
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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:
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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.
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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 City 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 City 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.
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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 City.
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.
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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.
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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 City.
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.
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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 the RFP:
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 City request, the name and address of each Customer.
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SCHEDULE 14
RECEPTACLES INVENTORY
Haulers are required, at a minimum, to provide the following:
1) Requirements stated in Section VII. Scope of services in the RFP.
2) Insert order information and inventory ID upon delivery.
3) Total number of households served and a quantity of each container size delivered.
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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 City.
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.
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SCHEDULE 16
PROTOCOL FOR DELIVERY OF RECYCLABLES TO THE DESIGNATED MRF
[INSERT PROTOCOL HERE]
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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 City 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
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supervisor with a vehicle and equip that vehicle and each Collection Vehicle with 2-way radio or
cell phones.
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Appendix C
Locations of City Owned Facilities
The following list of City owned facilities shall be included for collection at no additional cost:
REFUSE:
Facility Address
# pick-
ups/week
#
containers size dates months
Muskego City Hall W182 S8200 Racine Avenue 1 1 6 yard 1/01 - 12/31 12
Muskego Police Dept. W183 S8150 Racine Avenue 1 1 8 yard 1/01 - 12/31 12
Muskego Public Library S73 W16663 Janesville Road 1 1 4 yard 1/01 - 12/31 12
Muskego City Garage W189 S8285 Mercury Drive 1 1 8 yard 1/01 - 12/31 12
City Garage Tires Only
Dumpster W189 S8285 Mercury Drive As Needed 1 20 yard 1/01 - 12/31 12
Parks Maintenance Shop W180 S7732 Pioneer Drive 1 1 8 yard 1/01 - 12/31 12
Horn Field S79 W18200 Horn Park Drive 1 1 4 yard 1/01 - 12/31 12
Mill Valley W191 S6445 Hillendale Drive 1 1 6 yard 4/01 - 10/31 7
Manchester Hill Park W167 S7650 Parkland Drive 1 1 4 yard 1/01 - 12/31 12
Veterans Memorial Park W182 S8200 Racine Avenue 1 1 4 yard 1/01 - 12/31 12
Baylane S75 W16399 Hilltop Drive 1 1 4 yard 4/01 - 8/31 5
Kurth Park S70 W14415 Belmont Drive 1 2 4 yard 1/01 - 12/31 12
Bluhm Farm Park S77 W13607 McShane Drive 1 2 4 yard 1/01 - 12/31 12
Big Muskego Launch S82 W13783 Durham Drive 1 1 4 yard 1/01 - 12/31 12
Boxhorn Launch S90 W13960 Boxhorn Drive 1 1 4 yard 1/01 - 12/31 12
Denoon Park W216 S10798 Crowbar Road 1 3 4 yard 1/01 - 12/31 12
Idle Isle Park W182 S6666 Hardtke Drive 2 2 4 yard 1/01 - 12/31 12
Park Arthur S63 W17833 College Avenue 1 4 4 yard 1/01 - 12/31 12
Old Settlement Center W180 S8100 Racine Avenue 1 1 4 yard 1/01 - 12/31 12
Moorland Park W154 S7105 Moorland Road 1 1 4 yard 1/01 – 12/31 12
Muskego Canal Boat
Landing Highway 36 & Muskego Canal 1 1 4 yard 1/01 – 12/31 12
Tess Corners VFD - #1 W144 S6731 Tess Corners Dr. 1 1 4 yd. 1/01 – 12/31 12
Tess Corners VFD - #2 S100 W13444 Loomis Dr. 1 1 2 yd. 1/01 – 12/31 12
Tess Corners VFD - #3 S76 W17858 Janesville Road 1 1 4 yard 1/01 - 12/31 12
Tess Corners VFD - #4 W195 S10030 Racine Avenue 1 1 2 yard 1/01 - 12/31 12
Vets Park-Community
Festival
Drop off two Friday’s prior to
Labor Day weekend and pick-up
the Monday prior to Labor Day.
Once Per
Year 4 30 yard
2 weeks
prior to
Labor Day 1
RECYCLING:
Facility Address
# pick-
ups/week
#
containers size dates months
Muskego City Hall W182 S8200 Racine Avenue 1 1 4 yard 1/01 - 12/31 12
“ “ 1 toter 64 gal “ 12
Muskego Police Dept. W183 S8150 Racine Avenue 1 1 4 yard 1/01 - 12/31 12
1 toter 64 gal “ “
Muskego Public Library S73 W16663 Janesville Road 1 1 4 yard 1/01 - 12/31 12
1 toter 64 gal “ “
Muskego City Garage W189 S8285 Mercury Drive 1 1 4 yard 1/01 - 12/31 12
1 toter 64 gal “ 12
Horn Field S79 W18200 Horn Park Drive 1 1 2 yd 1/01 - 12/31 12
Manchester Hill Park W167 S7650 Parkland Drive 1 1 2 yd 1/01 - 12/31 12
Veterans Memorial Park W182 S8200 Racine Avenue 1 1 2 yd 1/01 - 12/31 12
Bluhm Farm Park S77 W13607 McShane Drive 1 2 2 yd 1/01 - 12/31 12
Big Muskego Launch S82 W13783 Durham Drive 1 1 2 yd 1/01 - 12/31 12
Boxhorn Launch S90 W13960 Boxhorn Drive 1 1 2 yd 1/01 - 12/31 12
Denoon Park W216 S10798 Crowbar Road 1 3 2 yd 1/01 - 12/31 12
Idle Isle Park W182 S6666 Hardtke Drive 2 2 2 yd 1/01 - 12/31 12
Park Arthur S63 W17833 College Avenue 1 4 2 yd 1/01 - 12/31 12
Old Settlement Center W180 S8100 Racine Avenue 1 1 2 yd 1/01 - 12/31 12
Moorland Park W154 S7105 Moorland Road 1 1 2 yd 1/01 – 12/31 12
Tess Corners VFD - #1 W144 S6731 Tess Corners Dr. 1 1 4 yard 1/01 - 12/31 12
1 toter 64 gal. “ “
Tess Corners VFD - #2 S100 W13444 Loomis Dr. 1 1 4 yard 1/01 - 12/31 12
1 toter 64 gal. “ “
Tess Corners VFD - #3 S76 W17858 Janesville Road 1 1 4 yard 1/01 - 12/31 12
1 toter 64 gal. “ “
Tess Corners VFD - #4 W195 S10030 Racine Avenue 1 1 4 yard 1/01 - 12/31 12
1 toter 64 gal. “ “
Appendix D
LOCATIONS OF MUSKEGO/NORWAY SCHOOL DISTRICT FACILITIES
Cost should be provided for the following containers and collections on Form 1A:
REFUSE:
address
# pick-
ups/week
#
containers size dates months
Lake Denoon School W216 S10586 Crowbar Rd. 3 1 8 yd. 1/01 – 12/31 12
Lakeview School 26335 Fries Lane, W.L. 1 1 8 yd. 1/01 – 12/31 12
Mill Valley School W191 S6445 Hillendale Dr. 1 1 8 yd. 1/01 – 12/31 12
Bay Lane School S75 W16399 Hilltop Dr. 3 2 8yd. 1/01 – 12/31 12
Tess Corners School W147 S6800 Durham Dr. 2 1 6 yd. 1/01 – 12/31 12
“ “ “ “ “ “ 1 1 2 yd. 1/01 – 12/31 12
Muskego Elem. School S75 W17476 Janesville Rd. 1 1 8 yd. 1/01 – 12/31 12
Muskego High School W183 S8750 Racine Avenue 3 1 8 yd. 1/01 – 12/31 12
“ “ “ “ “ “ 1 1 2 yd. 1/01 – 12/31 12
“ “ “ “ “ “ 5 1 8 yd. 1/01 – 12/31 12
RECYCLING:
address
# pick-
ups/week
#
containers size dates months
Lake Denoon School W216 S10586 Crowbar Rd. 1 1 8 yd. 1/01-12/31 12
“ “ “ “ “ “ 1 3 95 Gal. toter 1/01-12/31 12
Lakeview School 26335 Fries Lane, W.L. 1 1 6 yd. 1/01-12/31 12
“ “ “ “ “ “ 1 1 95 Gal. toter 1/01-12/31 12
Mill Valley School W191 S6445 Hillendale Dr. biweekly 1 4 yd. 1/01-12/31 12
“ “ “ “ “ “ biweekly 1 95 Gal. toter 1/01-12/31 12
Bay Lane School S75 W16399 Hilltop Dr. 1 1 8yd. 1/01-12/31 12
“ “ “ “ “ “ 1 1 4 yd. 1/01-12/31 12
“ “ “ “ “ “ 1 3 95 Gal. toter 1/01-12/31 12
Tess Corners School W147 S6800 Durham Dr. 1 1 4 yd. 1/01-12/31 12
“ “ “ “ “ “ 1 2 95 Gal. toter 1/01-12/31 12
Muskego Elem. School S75 W17476 Janesville Rd. b-weekly 1 2 yd. 1/01-12/31 12
“ “ “ “ “ “ biweekly 1 95 Gal. toter 1/01-12/31 12
Muskego High School W183 S8750 Racine Avenue 2 1 8 yd. 1/01-12/31 12
“ “ “ “ “ “ 1 6 95 Gal. Toter 1/01-12-31 12
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U N D E R C O N S T R U C T E D R O A D S
City of Muskego
Waukesha County, Wisconsin
C r e a t e d B y :C i t y o f M u s k e g oEngineering D i v i s i o n
U p d a t e d : J u l y 1 5 , 2 0 1 5I
0 3,000 6,000 9,0001,500 Feet
M A P L E G E N D
Street
Lakes
City Boundary
Underconstructed Roads
A p p e n d i x "E "
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 Bryon Hrin to consider allowing driveway access to
Parker Drive from parcels identified by Taxkeys 2280-999-010 and 2280-
999-011.
Date: July 15, 2015
Attached is a request to consider removal of a requirement that homes not access
Parker Drive from two lots that were created by a CSM. The attached CSM shows
the restriction that was placed onto the lots that abut Parker Drive at the time of the
land division that restricts access to the corner lots. Madyson Court is an
unimproved roadway that was allowed under previous City codes. The restriction is
standard language that is intended to keep the amount of vehicular access reduced
on collector streets.
Because Parker Drive is a rural roadway that will likely not have a great deal of
future traffic growth I don’t feel that there are any negative impacts to the roadway.
The one potential negative would be that future property owners would not want to
pay for the installation of a City street if it were ever required to be constructed. I
would recommend that a note be added to the CSM or a restriction recorded that
states that “All property owners that abut Madyson Court shall be required to pay
for roadway improvements to Madyson Court should the City require said
improvements separate from future land divisions. This applies to all properties
regardless of driveway access points.”
I would also recommend that the owner pay for any expenses incurred with this
process if the Committee recommends approval.
Recommendation for Action by Committee:
Allow petitioner to remove the access restriction and require recommended wording
at their expense.
Page 1 of 1
1
David Simpson
From:AAA Asphalt, LLC <aaaasphaltllc@aol.com>
Sent:Friday, June 19, 2015 5:39 AM
To:David Simpson
Subject:Lots on Madyson Ct off Parker Dr for Bryon Hrin
I am emailing you in order to set up a meeting to request my lots 1 and 2 at Parker Dr to run to driveways onto Parker Dr. Curt Klenz
had talked with you last week concerning this. I had asked him to touch base with you because I was extremely busy. Please let me
know what I would have to do in order to proceed with getting this done. He also mentioned that I should change the private
drive(Madyson Ct) maintenance agreement percentages. Thank you,
Bryon Hrin
Owner
AAA Asphalt, LLC
S99 W20523 Parker Dr.
Muskego, WI 53150
LL: 262-679-1850
Cell: 262-271-8344
aaaasphaltllc@aol.com
www.aaaasphaltllc.com
Better Business Bureau Accredited: A+ rating
In business over 20 years!
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: Recommend approval of the Compliance Maintenance Annual Report
(CMAR) for 2014
Date: July 16, 2015
One of our responsibilities in the operation of the City’s Sanitary Sewer Conveyance
System comes from the WDNR. They require an annual report titled “Compliance
Maintenance Annual Report” (CMAR). Part of the report (see attached) is a
requirement to have a resolution such as the attached resolution in order to ensure
that elected officials are aware of the current state of the system by sharing the
CMAR and ensuring adequate funding is available to the Utility.
For the year 2014 the City’s Grade was an A (4.0) as can be seen on the attached
report.
Recommendation:
Recommend approval of the attached resolution.
Page 1 of 2
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #____-2013
WISCONSIN DEPARTMENT OF NATURAL RESOURCES
NR 208 - COMPLIANCE MAINTENANCE RESOLUTION
FOR 2012
WHEREAS, It is a requirement under a Wisconsin Pollutant Discharge
Elimination System (WPDES) permit issued by the Wisconsin Department of
Natural Resources to file a Compliance Maintenance Annual Report (CMAR) for
the City of Muskego’s wastewater collection system under Wisconsin
Administrative Code NR 208; and
WHEREAS, It is necessary to acknowledge that the governing body has
reviewed the Compliance Maintenance Annual Report (CMAR) for 2012.
WHEREAS, The Muskego Sewer Utility had a 4.0 average in 2012.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Public Works Committee, does
hereby commit the necessary funding to operate the City’s sewer utility efficiently
and maintain its above 3.0 grade point average.
DATED THIS DAY OF , 2013.
SPONSORED BY:
PUBLIC WORKS COMMITTEE
Page 2 of 2
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #____-2015
WISCONSIN DEPARTMENT OF NATURAL RESOURCES
NR 208 - COMPLIANCE MAINTENANCE RESOLUTION
FOR 2014
WHEREAS, It is a requirement under a Wisconsin Pollutant Discharge Elimination
System (WPDES) permit issued by the Wisconsin Department of Natural Resources to
file a Compliance Maintenance Annual Report (CMAR) for the City of Muskego’s
wastewater collection system under Wisconsin Administrative Code NR 208; and
WHEREAS, It is necessary to acknowledge that the governing body has reviewed the
Compliance Maintenance Annual Report (CMAR) for 2014.
WHEREAS, The Muskego Sewer Utility had a 4.0 average in 2014.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Public Works Committee, does hereby
commit the necessary funding to operate the City’s sewer utility efficiently and maintain
its above 3.0 grade point average.
DATED THIS _ DAY OF _ , 2015.
SPONSORED BY:
PUBLIC WORKS COMMITTEE
This is to certify that this is a true and accurate copy of Resolution #___-2015 which
was adopted by the Common Council of the City of Muskego.
_______________________
Clerk-Treasurer
Compliance Maintenance Annual Report
Muskego City Last Updated:Reporting For:
7/16/2015 2014
Financial Management
1.Provider of Financial Information
Name: Scott Kloskowski
Telephone:262 679 4149 (XXX) XXX-XXXX
E-Mail Address
(optional):skloskowski@cityofmuskego.org
2.Treatment Works Operating Revenues
2.1 Are User Charges or other revenues sufficient to cover O&M expenses for your wastewater
treatment plant AND/OR collection system ?
Yes (0 points)
No (40 points)
If No,please explain:
2.2 When was the User Charge System or other revenue source(s)last reviewed and/or revised?
Year: 2014
0-2 years ago (0 points)
3 or more years ago (20 points)
N/A (private facility)
2.3 Did you have a special account (e.g.,CWFP required segregated Replacement Fund,etc.)or
financial resources available for repairing or replacing equipment for your wastewater treatment
plant and/or collection system?
Yes (0 points)
No (40 points)
0
REPLACEMENT FUNDS [PUBLIC MUNICIPAL FACILITIES SHALL COMPLETE QUESTION 3]
3.Equipment Replacement Funds
3.1 When was the Equipment Replacement Fund last reviewed and/or revised?
Year: 2014
1-2 years ago (0 points)
3 or more years ago (20 points)
N/A
If N/A,please explain:
3.2 Equipment Replacement Fund Activity
3.2.1 Ending Balance Reported on Last Year's CMAR $816,800.82
3.2.2 Adjustments -if necessary (e.g.earned interest,
audit correction,withdrawal of excess funds,increase
making up previous shortfall,etc.)
$0.00
3.2.3 Adjusted January 1st Beginning Balance $ 816,800.82
3.2.4 Additions to Fund (e.g.portion of User Fee,
earned interest,etc.)+$ 26,893.87
3.2.5 Subtractions from Fund (e.g.,equipment
replacement,major repairs -use description box
3.2.6.1 below*)-$ 0.00
3.2.6 Ending Balance as of December 31st for
CMAR Reporting Year $ 843,694.69
Compliance Maintenance Annual Report
Muskego City Last Updated:Reporting For:
7/16/2015 2014
All Sources:This ending balance should include all
Equipment Replacement Funds whether held in a
bank account(s),certificate(s)of deposit,etc.
3.2.6.1 Indicate adjustments,equipment purchases,and/or major repairs from 3.2.5 above.
3.3 What amount should be in your Replacement Fund?$ 215,000.00
Please note:If you had a CWFP loan,this amount was originally based on the Financial
Assistance Agreement (FAA)and should be regularly updated as needed.Further calculation
instructions and an example can be found by clicking the HELP link under Info in the left-side
menu.
3.3.1 Is the December 31 Ending Balance in your Replacement Fund above,(#3.2.6)equal to,or
greater than the amount that should be in it (#3.3)?
Yes
No
If No,please explain.
0
4.Future Planning
4.1 During the next ten years,will you be involved in formal planning for upgrading,rehabilitating,
or new construction of your treatment facility or collection system?
Yes - If Yes, please provide major project information, if not already listed below.
No
Project
#
Project Description Estimated
Cost
Approximate
Construction
Year
None reported
5.Financial Management General Comments
Total Points Generated 0
Score (100 -Total Points Generated)100
Section Grade A
Compliance Maintenance Annual Report
Muskego City Last Updated:Reporting For:
7/16/2015 2014
Sanitary Sewer Collection Systems
1.CMOM Program
1.1 Do you have a Capacity,Management,Operation &Maintenance (CMOM)requirement in your
WPDES permit?
Yes
No
1.2 Did you have a documented (written records/files,computer files,video tapes,etc.)sanitary
sewer collection system operation &maintenance (O&M)or CMOM program last calendar year?
Yes (Continue with question 1)
No (30 points) (Go to question 2)
1.3 Check the elements listed below that are included in your O&M or CMOM program.
Goals
Describe the specific goals you have for your collection system:
Properly manage,operate and maintain all parts of the collection system,provide adequate
capacity to convey base and peak flows,prevent and mitigate impacts of SSO's,provide
notification to those with reasonable potential for exposure to pollutants associated with SSO's.
Organization
Do you have the following written organizational elements (check only those that apply)?
Ownership and governing body description
Organizational chart
Personnel and position descriptions
Internal communication procedures
Public information and education program
Legal Authority
Do you have the legal authority for the following (check only those that apply)?
Sewer use ordinance Last Revised Date (MM/DD/YYYY) 05/22/2003
Pretreatment/industrial control Programs
Fat, oil and grease control
Illicit discharges (commercial, industrial)
Private property clear water (sump pumps, roof or foundation drains, etc.)
Private lateral inspections/repairs
Service and management agreements
Maintenance Activities (provide details in question 2)
Design and Performance Provisions
How do you ensure that your sewer system is designed and constructed properly?
State plumbing code
DNR NR 110 standards
Local municipal code requirements
Construction, inspection, and testing
Others:
Overflow Emergency Response Plan:
Does your emergency response capability include (check only those that apply)?
Alarm system and routine testing
Emergency equipment
Emergency procedures
Communications/notifications (DNR, internal, public, media, etc.)
Capacity Assurance:
How well do you know your sewer system?Do you have the following?
Compliance Maintenance Annual Report
Muskego City Last Updated:Reporting For:
7/16/2015 2014
Current and up-to-date sewer map
Sewer system plans and specifications
Manhole location map
Lift station pump and wet well capacity information
Lift station O&M manuals
Within your sewer system have you identified the following?
Areas with flat sewers
Areas with surcharging
Areas with bottlenecks or constrictions
Areas with chronic basement backups or SSOs
Areas with excess debris, solids, or grease accumulation
Areas with heavy root growth
Areas with excessive infiltration/inflow (I/I)
Sewers with severe defects that affect flow capacity
Adequacy of capacity for new connections
Lift station capacity and/or pumping problems
Annual Self-Auditing of your O&M/CMOM Program to ensure above components are being
implemented,evaluated,and re-prioritized as needed
Special Studies Last Year (check only those that apply):
Infiltration/Inflow (I/I) Analysis
Sewer System Evaluation Survey (SSES)
Sewer Evaluation and Capacity Managment Plan (SECAP)
Lift Station Evaluation Report
Others:
0
2.Operation and Maintenance
2.1 Did your sanitary sewer collection system maintenance program include the following
maintenance activities?Complete all that apply and indicate the amount maintained.
Cleaning 12 % of system/year
Root removal 1 % of system/year
Flow monitoring 100 % of system/year
Smoke testing 0 % of system/year
Sewer line
televising 17 % of system/year
Manhole
inspections 23 % of system/year
Lift station O&M 52 # per L.S./year
Manhole
rehabilitation .1 % of manholes rehabbed
Mainline
rehabilitation .1 % of sewer lines rehabbed
Private sewer
inspections 0 % of system/year
Private sewer I/I
removal 0 % of private services
Please include additional comments about your sanitary sewer collection system below:
Compliance Maintenance Annual Report
Muskego City Last Updated:Reporting For:
7/16/2015 2014
All lift stations are check weekly.Large stations daily.We repair serious leaks in manholes or
main lines in house as we locate them.
3.Performance Indicators
3.1 Provide the following collection system and flow information for the past year.
31.5 Total actual amount of precipitation last year in inches
34.81 Annual average precipitation (for your location)
150.5 Miles of sanitary sewer
26 Number of lift stations
0 Number of lift station failures
0 Number of sewer pipe failures
0 Number of basement backup occurrences
0 Number of complaints
2.6 Average daily flow in MGD (if available)
2.54 Peak monthly flow in MGD (if available)
10.9 Peak hourly flow in MGD (if available)
3.2 Performance ratios for the past year:
0.00 Lift station failures (failures/year)
0.00 Sewer pipe failures (pipe failures/sewer mile/yr)
0.00 Sanitary sewer overflows (number/sewer mile/yr)
0.00 Basement backups (number/sewer mile)
0.00 Complaints (number/sewer mile)
1.0 Peaking factor ratio (Peak Monthly:Annual Daily Avg)
4.2 Peaking factor ratio (Peak Hourly:Annual Daily Avg)
4.Overflows
LIST OF SANITARY SEWER (SSO)AND TREATMENT FACILITY (TFO)OFERFLOWS REPORTED **
Date Location Cause Estimated
Volume (MG)
None reported
**If there were any SSOs or TFOs that are not listed above,please contact the DNR and stop work
on this section until corrected.
5.Infiltration /Inflow (I/I)
5.1 Was infiltration/inflow (I/I)significant in your community last year?
Yes
No
If Yes,please describe:
5.2 Has infiltration/inflow and resultant high flows affected performance or created problems in
your collection system,lift stations,or treatment plant at any time in the past year?
Yes
No
If Yes,please describe:
Compliance Maintenance Annual Report
Muskego City Last Updated:Reporting For:
7/16/2015 2014
5.3 Explain any infiltration/inflow (I/I)changes this year from previous years:
Nothing substantial
5.4 What is being done to address infiltration/inflow in your collection system?
Continue televising and manhole inspections and addressing serious leaks as they are found.
Total Points Generated 0
Score (100 -Total Points Generated)100
Section Grade A
Compliance Maintenance Annual Report
Muskego City Last Updated:Reporting For:
7/16/2015 2014
Grading Summary
WPDES No: 0047341
SECTIONS LETTER GRADE GRADE POINTS WEIGHTING
FACTORS
SECTION
POINTS
Financial A 4 1 4
Collection A 4 3 12
TOTALS 4 16
GRADE POINT AVERAGE (GPA)=4
Notes:
A = Voluntary Range (Response Optional)
B = Voluntary Range (Response Optional)
C = Recommendation Range (Response Required)
D = Action Range (Response Required)
F = Action Range (Response Required)
Compliance Maintenance Annual Report
Muskego City Last Updated:Reporting For:
7/16/2015 2014
Resolution or Owner's Statement
Name of Governing
Body or Owner:
Date of Resolution or
Action Taken:
Resolution Number:
ACTIONS SET FORTH BY THE GOVERNING BODY OR OWNER RELATING TO SPECIFIC CMAR
SECTIONS (Optional for grade A or B.Required for grade C,D,or F.Regardless of grade,required
for Collection Systems if SSOs were reported):
Financial Management:Grade =A
Collection Systems:Grade =A
ACTIONS SET FORTH BY THE GOVERNING BODY OR OWNER RELATING TO THE OVERALL GRADE
POINT AVERAGE AND ANY GENERAL COMMENTS (Optional for G.P.A.greater than or equal to 3.00,
required for G.P.A.less than 3.00)
G.P.A.=4
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: Reconstruction of Bay Lane from Woods Road to Janesville Road
Date: July 16, 2015
As part of the 2015 budget an alternatives analysis was completed to begin the
planning for the reconstruction of Bay Lane from Woods Road to Janesville Road.
Three alternatives were considered and are as follows and the attached .pdf shows
more detail from these options:
1. Full reconstruction of the roadway as an urban section with concrete curb
and gutter, storm sewer, concrete driveway approaches, six foot wide pathway on
the east side of the roadway and installation of an asphalt pavement for the road.
The width of the roadway would be 28 feet from the face of curb to face of curb.
Temporary grading easements may be needed from some property owners. The
preliminary construction cost estimate for 2017 is $2.5M.
2. Full reconstruction of the roadway with rural type ditches and the
construction of a six foot wide pathway along the east side of the roadway on the
backside of the ditches. The pavement width would be 26 feet wide with 3 foot stone
shoulders on both sides. This alternative would require property acquisition in
many areas to allow for the installation of ditches and the pathway. This option was
not fully designs because during the initial design it was determined that a large
amount of right-of-way would be needed. The preliminary construction cost
estimate for 2017 is $2.0M.
3. Reconstruction of the roadway using a hybrid approach by placing curb and
gutter where required to stay within the existing right of way and using a rural
section where it works best for storm water conveyance or where curb and gutter
cannot be used because of grading challenges. The widths of roadway section would
follow those noted above. This alternative would include a six foot wide pathway on
the east side of the roadway. By utilizing this alternative we would be able to keep
the vast majority of improvements within the existing right of way with only
temporary grading easements being needed from some property owners. The
preliminary construction cost estimate for 2017 is $2.25M.
A Public Information Meeting was held on Wednesday, July 15th to present these
options to residents and gain feedback. I have summarized some of the comments
residents verbalized at the meeting as well as the written comments received as of
7/16 below:
General comments received were that:
Page 1 of 2
Residents would like to have the curb and gutter in as many places as
possible
Many would like to see the sidewalk in concrete.
Concerned that parking might become limited/how would parking be
restricted.
Would the City be adding street lights?
Wanted to make sure the drives are replaced in-kind.
Like the idea of a parking lane by the school.
Is there a way to improve drainage at the corner of Vine and Bay Lane?
Comment #1- Would prefer option one. Would like to know what kind of
parking restrictions would be in place. Also are street lights an option?
Comment #2- Would like to keep trees. Liability on driveway? Parking on
street? Mailboxes?
Comment #3- Just a few street lights would be fine also.
Comment #4- Will there be any compensation/reimbursement to residents
who paid the city significant money to have their ditches back-filled and
underground pipe installed within the last couple years? Especially as the
bike bath vision has been in place for many years.
Comment #5- The ditch should be filled in. The sidewalk should be placed
closer to the road. A 7’ terrace is too wide. Quietwood Village, the
subdivision behind us, has only 3’ terrace – a 7’ terrace would make it look
like I have a sidewalk going through the middle of my yard.
Many of these comments can be worked on through the design process and will not
affect the cost of the design process unless a large change was requested by the
Committee such as adding street lights through the corridor. I would budget for
design to cost no more than $150,000 in 2016.
Based on the comments received I believe that a hybrid alternative that would have
an urban cross section from Woods Road to Hilltop and a rural section from Hilltop
to Janesville would be the most desirable option with a concrete walkway on the east
side of the road.
Recommendation for Action by Committee:
Move forward with budgeting for the design of a hybrid option in 2016 with
construction to follow in a future year to be determined through the budget process.
Page 2 of 2
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BAY LANE
URBAN TYPICAL SECTION
MAP LEGEND
BAY LANE
ALTERNATE #2
RURAL TYPICAL SECTION
SHEET NUMBER
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BAY LANE RECONSTRUCTION - ALTERNATE #3
BAY LANE
URBAN TYPICAL SECTION
BAY LANE
RURAL TYPICAL SECTION
(NORTH OF HILLTOP DRIVE)
MAP LEGEND
Would prefer option one. Would like to know what kind of parking restrictions would be in place. Also
are street lights an option?
Would like to keep trees. Liability on driveway? Parking on street? Mailboxes?
Just a few street lights would be fine also.
Will there be any compensation/reimbursement to residents who paid the city significant money to
have their ditches back-filled and underground pipe installed within the last couple years? Especially as
the bike bath vision has been in place for many years.
The ditch should be filled in. The sidewalk should be placed closer to the road. A 7’ terrace is too wide.
Quietwood Village, the subdivision behind us, has only 3’ terrace – a 7’ terrace would make it look like I
have a sidewalk going through the middle of my yard.