CCR2005062.
.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #062-2005
APPROVAL OF AMENDMENT TO GENERAL CONTRACT
FOR REFUSE PICKUP AND TRANSPORTATION WITH
ONYX WASTE SERVICES MIDWEST, INC.
WHEREAS, A contract with Onyx Waste Services Midwest, Inc. for refuse and recycling
waste pickup and transportation was approved by the Common Council on
December 9,2003; and
WHEREAS; The contractor has requested to amend Section 12. Contract Security, as
attached; and .
WHEREAS, The Finance Committee has reviewed the amendment and has
recommended approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby approve the amendment to the General Contract for Refuse Pickup and Transportation with
Onyx Waste Services Midwest, Inc. as stated above.
BE IT FURTHER RESOLVED, That all other provisions of the agreement remain in
effect.
DATED THIS 22nd OF March ,2005.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Nancy C. Salentine
Ald. Eric Schroeder
Ald. Eileen Madden
This is to certify that this is a true and accurate copy of Resolution #062-2005 which
was adopted by the Common Council of the City of Muskego.
3/2005jmb './
f1'
amount of recyclables collected and transported from the municipality (in tons); the amount of
. recyclables processed and/or marketed by item type from the municipality; gross revenues received by
the Contractor from its sale of recyclables collected under the agreement by item type; and the final
disposal location of recyclable material. The determination of these various volumes and/or weights or
recyclable materials may be done using the State of Wisconsin Department of Natural Resources
"Guidance for Determining Weights and/or Volumes of Recyclable Materials". Draft Revision 6 or as
revised. Failure to report shall be cause for the municipality to revoke any license or terminate any
contract with the Contractor. The City shall have the right to inspect all records of Contractor
pertaining to required report subject to and including records from any disposal site or processing
facility operator utilized by the Contractor.
10. SUMMARY OF COST:
a. Total cost of all items and add and deduct of extra brush and leaf oickuo:
1. Weekly refuse collection 4. a. through d. iM5.992.96
~ 147.797.94 2. Brush and Leaf piekup 6.a 1. through 1.
l\ltemate #2
3. ReeyeliRg ColleetioR aRd DisposaJ 8. 1.
a. througà è. Vt,'æ:tkesha MRF
.-
. Alternate #3
4. Recycling Collection and Disposal 8. 2.
a. through d. - Contractor' s Vendor
~ (h15 /.Jâ)0
r c" { (~ ( f) -11---<-
/YlC?J(;'- (/1[:ri 1 è
~3.363.84
Ie +11 /:\ (c It if -' ( t
B. Yearly cost for Schools - Alternate #1
1.13.500.00
~ 29.755.0~
5. Recycling Dropoff Center - Yard Waste
11. AL TERNA TE METHODS
The City of Muskego is willing to explore additional alternate methods for the collection of
curbside refuse and/or recyclables and the proper disposal and recycling of same. Contractors having a
methodology not described herein may, as Alternate #4, include a description complete with
appropriate costs on company letterhead and attach to this bid at the time of submittal.
CONTRACT SECURITY
The Contractor shall furnish surety Performance bond(s) in the amount equal to the value
of the base contract including any alternate additions or deductions for the period January 1, 2004 to
December 31, 2008, as security for the faithful performance of the contract. This bond may be renewed
on not less than a yearly basis in amounts equal to the base contract value for the year of renewal. All
Surety Bond(s) shall be on the forms provided in the specifications. No substitutioRs sàaJl be aJlowed.
Irrevocable Letters of Credit may be approved, but only in a form acceptable to the City.
12.
. 13. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all
insurance required under this subsection and such insurance has been approved by the City, nor shall
the Contractor allow any subcontractor to commence work on his sub-contract until all similar
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CITY OF MUSKEGO
OFFICE OF THE CITY CLERK
W182 S8200 RACINE AVENUE
MUSKEGO, WI 53150
GENERAL CONTRACT PROVISIONS
AND SPECIFICATION FOR
REFUSE - PICKUP & TRANSPORTATION
RECYCLING - PICKUP AND TRANSPORTATION TO W AUKESHA COUNTY (MRF)
RECYCLING - PICKUP AND DISPOSAL (VENDOR)
FOR THE
CITY OF MUSKEGO
January 1, 2004 to December 31, 2008
(5 Year Contract)
NOVEMBER 2003
AMENDED MARCH 2005
CITY OF MUSKEGO
WISCONSIN
OFFICIAL NOTICE
I ADVERTISEMENTS FOR QUOTES
FOR
REFUSE - PICKUP & TRANSPORT
RECYCLING - PICKUP & TRANSPORT TO W AUKESHA COUNTY ( MRF)
RECYCLING - PICKUP & DISPOSAL (VENDOR)
Sealed quotes will be received by the Clerkffreasurer's Office located at Muskego City Hall, W182
S82oo Racine Avenue, Muskego, Wisconsin 53150, no later than 12:00 PM on Friday, December 5,
2003, for:
THE COLLECTION, DISPOSAL AND RECYCLING OF REFUSE
GENERATED IN THE CITY OF MUSKEGO FOR SERVICE
TO BE OFFERED FROM JANUARY 1,2004 THROUGH DECEMBER 31, 2008
The City of Muskego reserves the right to reject any or all quotes, options or proposals, to waive any
technicality in any quote or part thereof submitted, to accept any quote or option in whole or in part or
combination thereof and to accept or reject any option in whole or in part or combination thereof or to
negotiate changes thereto and to accept or reject any quote not accompanied with all data or
information as called for in the specifications thereon as may be deemed to be in the best interest and
most advantageous to the City of Muskego. No quote shall be withdrawn after the opening of quotes
I without consent of the City of Muskego for a period of (60) days from date of quote opening.
The City of Muskego will entertain questions concerning this request for proposal at a pre-submission
meeting to be held at 10:00 AM on Thursday, November 20, 2003, in the Aldermen's Room,
Muskego City Hall, W182 S82oo Racine Avenue, Muskego, WI 53150. Attendance at the pre-
submission meeting is mandatory. Any pertinent information communicated at the pre-submission
meeting will be distributed to all vendors by an amendment.
All proposers should use this written document, its attachments, and the information supplied in the
pre-submission meeting as the sole basis for submitting a proposal.
Copies of minimum specifications and proposals may be obtained by applying to the City Clerk
Treasurer's Office in the Office of the City C1erkffreasurer in the City Hall (262-679-4100).
All quotes must be sealed and addressed to the City of Muskego's City Clerkffreasurer Department,
W182 S82oo Racine Avenue, Muskego, Wisconsin 53150. There shall be clearly marked on the
envelope of each quote the name and address of the bidder and in the lower left-hand comer the
purpose for which the quote is intended.
Dated this 14th day of November, 2003.
Mark A. Slocomb, Mayor
I CITY OF MUSKEGO
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SPECIFICATIONS FOR
REFUSE - PICKUP & TRANSPORT
RECYCLING - PICKUP & TRANSPORT TO W AUKESHA COUNTY ( MRF)
RECYCLING - PICKUP & DISPOSAL (VENDOR)
FOR THE CITY OF MUSKEGO
I IMPORT ANT: This specification packet must be returned in its entirety to the City of
Muskego, City Clerkffreasurer's Department in the Office of the City Clerk.
ATTENTION
BIDDER: Instructions per this specification must be adhered to. Quotes not sealed and
marked as specified and without signatures where called for, may be rejected.
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CITY OF MUSKEGO
CONTRACT
THIS CONTRACT made this day of ,2003, by and between
, herein called the "Contractor" and the City of
Muskego, Wisconsin, hereinafter called the "City".
WITNESSETH that the Contractor and the City, for the consideration stated herein, agree as
follows:
1. COMPONENT PART OF TmS CONTRACT
This contract consists of the following component parts, all of which are as fully a part of
this contract as if herein set out verbatim or hereto attached:
Definitions
General Contract Provisions
Specifications
This Instrument
Payment Bond
Performance Bond
Certificate of Insurance
In the event that any provision in any of the above component parts of this contract
conflicts with any provision in any other of the component parts, the provision in the
component part first enumerated above shall govern over any other component part(s)
which follows it numerically, except as may be otherwise specifically stated.
This contract is intended to conform in all parts to applicable statutes, rules, regulations and
other laws of the State of Wisconsin, and any other reviewing governmental bodies or
agencies, in effect both now and in the future, and if any other part or provisions of the
contract conflicts therewith, the above-noted laws shall govern.
2. DEFINITIONS
The following terms as used in these contract documents are respectively as follows:
PROJECT - The entire area within the City limits of the City of Muskego, as may be
amended from time to time, to be serviced in whole or in part pursuant to the contract
within.
CITY - (Also OWNER) The contracting party initiating the project as set forth in the
contract acting through its authorized representatives in accordance with specific duties
delegated to such representatives.
CONTRACTOR - The person, persons, firm or corporation to whom the written contract is
awarded by the City and who is subject to the terms of said contract. Also, the agents,
employees, workmen or assignees of said Contractor.
SUBCONTRACTOR - A person, firm or corporation other than the Contractor, supplying
labor and materials or labor only, on the work site of the project.
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WORK - All work including materials, labor supervision and use of tools necessary to
complete the project in full compliance with the terms of the contract.
ENGINEER - City Engineer and/or members of the Engineering staff appointed by the
City.
SURETY - The person, firm or corporation that has executed, as surety, the Contractor's
Payment and Performance Bond(s), securing the performance of the written contract.
SMALL AMOUNTS - A measure or quantity of solid waste equal in volume to one (1) 32
gallon container or less and weighing less than 80 pounds per pickup.
SINGLE-FAMILY DWELLING UNIT - A single residential unit providing complete,
independent living facilities for one or more persons, including permanent provisions for
living, sleeping, eating, cooking and sanitation.
MULTI-FAMILY DWELLING UNIT- Any residential type structure having more than
two families in separate dwelling units including condominiums and 3 and 4 family
apartments.
TWO-FAMILY DWELLING UNIT-Any residential structure housing two families in
separate dwelling units. This includes single family attached.
3. SCOPE OF WORK
The Contractor shall perform everything required to be performed and shall provide and
furnish all labor and materials, tools, equipment and all utility and transportation services
required for the weekly collection of all rubbish, garbage, trash, brush and leaves from
residences in the City of Muskego, Wisconsin, the disposal thereof and the recycling
activities as specified per this contract for a period of five (5) years all in accordance with
their specifications. As this contract is only for pick-up and transport as to all nonrecyclable
rubbish, garbage and trash (solid waste), the City designates that the contractor is required
to dispose of all of said material at the Emerald Park Landfill located at Wl24 S10629 124th
Street, Muskego, WI 53150.
The above disposal 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 Onyx Waste Services Midwest Inc.). Under this
agreement Onyx 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.
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4. THE CONTRACT PRICE - WEEKLY REFUSE COLLECTION
The City shall pay the Contractor for the performance of this contract, in current funds, at
the following prices:
a. SINGLE-FAMILY DWELLING UNIT
(Includes commercial properties with livine: units)
January 1, 2004 - December 31, 2004
Estimated 7,255 residences @ $371.746.20
Per residence per year = Total $51.24
b. TWO-FAMILY DWELLING UNIT
(Includes commercial properties with livine: units)
January I, 2004 - December 31, 2004
Estimated 474 residences @ $ 24.287.76
Per unit per year = Total $ 51.24
c. MUL TI-FAMIL Y DWELLING UNITS SIX UNITS AND UNDER
(Includes commercial properties with livine: units)
January 1, 2004 - December 31, 2004
Estimated 80 occupied units @ $ 4.099.20
Per unit per year = Total $ 51.24
d. MUTI-FAMILY DWELLING UNITS - OVER SIX UNITS
January 1, 2004 - December 31, 2004
Estimated 895 occupied units @ $ 45.859.80
Per unit per year = Total $ 51.24
TOTAL OF A+B + C+D= ~5.992.96
At the end of the first year of the original term (December 31, 2004) and at the end of each calendar
year thereafter, the amount per residential unit payable during the next commencing annual period
shall be adjusted 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 15,2003, as the base date and comparing it with the
"Consumer Price Index" (National CPI-U Index) published in September of subsequent years,
commencing with 2004. In each case annually, at the end of each calendar year, the amount payable
per residential unit 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 on January 2005.
e. CONTAINERS AT CITY -OWNED LOCATIONS
January I, 2004 - December 31, 2008
This work shall include the furnishing and weekly emptying of suitable
containers at the following city-owned buildings:
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# pick- #
address u slweek containers size dates months
W182 88200 Racine Avenue 1 1 6 ard 1/01 - 12/31 12
W183 88150 Racine Avenue 1 1 8 ard 1/01 - 12/31 12
873 W 16663 Janesville Road 1 1 4 ard 1/01 - 12/31 12
W189 88285 Mercu Drive 1 1 8 ard 1/01 - 12/31 12
Payment for this item shall be included in the cost of items 4.(a) through (d)
above and no extra payment will be made for this work.
f. MUSKEGO CITY PARK FACILITIES
# pick- # # of
address ups/week containers size dates months
Parks Maintenance 8hop W180 87732 Pioneer Drive 1 2 8 yard 1/01 - 12/31 12
Horn Field 879 W18200 Horn Park Drive 1 1 4 yard 1/01 - 12/31 12
Mill Valley W191 86445 Hillendale Drive 1 2 4 yard ~/01 - 10/31 7
Manchester Hill Park W167 87650 Parkland Drive 1 1 4 yard 1/01 - 12/31 12
Veterans Memorial Park W182 88200 Racine Avenue 1 1 4 yard 1/01 - 12/31 12
Baylane 875 W16399 Hilltop Drive 1 1 4 yard ~/01 - 8/31 5
Kurth Park 870 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
BiQ MuskeQo Launch 882 W13783 Durham Drive 1 1 4 yard 1/01 - 12/31 12
Boxhorn Launch 890 W13960 Boxhorn Drive 1 1 4 yard 1/01 - 12/31 12
Denoon Park W216 810798 Crowbar Road 1 2 4 yard 1/01 - 12/31 12
Idle Isle Park W182 86666 Hardtke Drive 2 1 4 yard 1/01 - 12/31 12
Park Arthur (future) 863 W17833 ColleQe Avenue 1 3 4 yard 1/01 - 12/31 12
Old 8ettlement Center W180 88100 Racine Avenue 1 1 4 yard 1/01 - 12/31 12
Total pick-ups/week &
containers 15 21
Payment for this item 4.(e) and (t) shall be included in the cost of items 4.(a)
through (d) above and no extra payment will be made for this work. It is
understood that if there are any additional parks created, that these requirements
would be noted in the monthly report of additions/deletions.
g. FIRE STATIONS
# pick- #
address upslweek containers size dates months
Muskeao VFC 8ta. #1 876 W17858 Janesville Road 1 1 4 yard 1/01 - 12/31 12
MuskeQo VFC 8ta. #2 W195 810030 Racine Avenue 1 1 2 yard 1/01 - 12/31 12
Tess Corners VFD - #1 W14486731 Tess Corners Dr. 1 1 4 yd. 1/01-12/31 12
Tess Corners VFD - #2 8100 W13444 Loomis Dr. 1 1 2 yd. 1/01-12/31 12
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Payment for this item shall be included in the cost of items 4.(a) through (d)
above and no extra payment will be made for this work.
h. SCHOOLS - See Alternate #1
Note: This item is an alternate and, if chosen by the City, shall be paid in equal
monthly payments to be included in payments made in accordance with Section
23 - PAYMENTS.
ALTERNATE #1
MUSKEGOINORW A Y SCHOOL DISTRICT
REFUSE:
# pick- #
address upslweek containers size dates months
Lake Denoon School W216 S10586 Crowbar Rd. 3 1 8yd. 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 56800 Durham Dr. 2 1 6 yd. 1/01 -12/31 12
" " " " " " 1 1 2 yd. 1/01 -12/31 12
MuskeQo Elem. School S75 W17476 Janesville Rd. 3 1 8 yd. 1/01 -12/31 12
Muskego High School W183 S8750 Racine Avenue 3 1 8yd. 1/01 -12/31 12
" " " " " " 1 1 2 yd. 1/01 -12/31 12
" " " " " " 5 1 8 yd. 1/01 -12/31 12
RECYCLING:
# pick- #
address upslweek 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. 1 1 4 yd. 1/01-12/31 12
" " " " " " 1 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 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
MuskeQo Elem. School S75 W17476 Janesville Rd. 1 1 2 yd. 1/01-12/31 12
" " " " " " 1 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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Total Cost Refuse for Schools: , 14.284.92
Total Cost Recycling for Schools: , 6.470.16
At the end of the first year of the original term (December 31, 2004) and at the end of each calendar
year thereafter, the amount per residential unit payable during the next commencing annual period
shall be adjusted 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 15,2003, as the base date and comparing it with the
"Consumer Price Index" (National CPI-U Index) published in September of subsequent years,
commencing with 2004. In each case annually, at the end of each calendar year, the amount payable
per residential unit 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 on January 2005.
i. FESTIVAL REQUIREMENTS
The Contractor shall provide up to four (4) 30 yard roll-off containers for use
during the City of Muskego's Community Festival which is held the last
weekend before Labor Day. Delivery shall be no later than 12:00 noon on the
Friday preceding. At lest one (I) container shall remain for festival cleanup
through the Tuesday after the festival.
Payment for this item shall be included in the cost of items 4.(a) through (d)
above and no extra payment will be made for this work.
j. PROSECUTION OF CONTRACT
The Contractor agrees to commence work under this contract on January 1,
2004. The foregoing quantities of items are approximately only and payment
will be made only on the actual quantities of work completed, measured on the
basis defined in the Contract Specifications and at unit prices as stated
previously.
k. PRE-SUBMISSION MEETING
The City of Muskego will entertain questions concerning this request for
proposal at a pre-submission meeting to be held at 10:00 AM, on Thursday,
November 20, 2003, in the Aldermen's Room, Muskego City Hall, WI82
S8200 Racine Avenue, Muskego, WI 53150. Attendance at the pre-submission
meeting is mandatory. Any pertinent information communicated at the pre-
submission meeting will be distributed to all vendors by an amendment.
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5. SPECIFICATIONS
a. PURPOSE
The purpose of this contract is to effect the removal of all garbage, trash, refuse,
rubbish, and other disposal items (municipal solid waste) from the residences
(single-four family) and City-owned buildings in the City of Muskego and to
dispose of same. Included therein, not limited by, is the below list of items:
1. Bagged, tied or sealed garbage.
2. Small appliances (toasters, radios, etc.).
3. Small furniture (3'x 5'or smaller).
4. Small amounts of stone, rubble, earth, and sod - in containers.
5. Small auto parts if in containers (mufflers, etc.) other than within cardboard
boxes.
6. Minor construction debris - limit one 32-gallon container or equivalent.
7. Non-recyclable plastic and foam materials.
8. One (1) tire per week per residence.
9. Large furniture
10. Large appliances (washers, dryers, etc.)
11. Christmas Trees
The following items need not be picked up:
1. Large amounts of stone, concrete, rubble, earth or sod.
2. Containers over 32 gallons and/or over 80 pounds.
3. Construction debris except as noted in #6 above.
4. Large auto parts (engine blocks, heads, fenders).
5. Toxic or hazardous waste.
6. Motor Oil.
7. Grass clippings.
8. Brush & Leaves (Small amounts of yard waste, brush and leaves commingled
with normal household refuse shall be deemed acceptable)
9. All recyclable materials.
10. Automobile Batteries
b. MIXED REFUSE
The Contractor has the right to refuse to pick up refuse if it contains large
amounts of recyclable material. In such cases, the contractor shall notify the
generator by affixing a notice to the material container and shall notify the City
of Muskego Public Works Department on a weekly basis of the addresses
involved.
c. CONTAINERS
All refuse placed in containers of not more than 32 gallons capacity shall be
picked up. No containers weighing more than 80 pounds need be picked up.
Containers shall have tapered sides for easy removal. Cardboard-type
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containers are not acceptable. Contractor shall instruct employees to return all
containers to point of pickup in an orderly manner and in an upright condition
with cover placed on top. All containers shall be returned to the cart if carts are
provided by the residents. Contractors are alerted that more than one type of
container may already be owned by various condominium associations and the
Contractor will be responsible for emptying the containers previously in use
regardless of type. Some condominiums may choose to have individual unit
containers (garbage cans).
d. TIME AND LOCATION OF PICKUP
The aforementioned refuse shall be removed by the Contractor at regular
intervals by calling at each place of residence once a week. All pickups shall be
on a regularly scheduled basis with each unit being served on the same day of
each week and approximately the same time of day unless adjustments in the
schedule are approved by the Superintendent of Public Works or his authorized
representative. All pickups shall be between the hours of 7:00 a.m. and 6:00
p.m. All refuse shall be picked up at the driveway entrance within five (5) feet
of the curb line or edge of street or road.
e. PRIV A TE ROADS
Collection of refuse/recycling on private roadways, alleys, side streets shall be
collected with light weight vehicles that will not cause damage or significant
wear to the private roads. Collection in these areas shall be similar to 5 d. above.
Contactor shall receive no additional compensation other than that in 4 a.
through d. above. See attached maps.
f. MAP
Contractor shall provide refuse/recycling pick up in accordance with the
attached schedule for the period of January 1,2004 to March 31,2004. Within
thirty (30) days of the commencement of the contract, the Contractor shall
submit a proposed route schedule map to the City of approval. No changes to
this map will be permitted without written City approval.
g. COMPLAINTS
Complaints on pickups shall be handled as follows:
Following receipt of complaint, the Superintendent, or his designee, shall notify
Contractor as soon as possible. It is expected that complaints, determined by the
Public Works Superintendent to require action and thus received by the
Contractor, will be handled on the day received. The Contractor will be charged
$50.00 each day for each day's complaints not handled within the prescribed
time.
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h. HANDICAP PRIVILEGES
The City will provide the Contractor with a list of properties that have been
given Handicap Privileges whereby the Contractor will pickup refuse/recycling
at the end of their garage. Proof of handicap is required by the City and kept on
record in the office of the Superintendent of Public Works. Updates will be
given to the Contractor on an as needed basis.
i. BASIS FOR PAYMENT
1. Sinele. Two-Familv and Multi-Familv Units (Six Units and Under and
Over Six Units).
Single, two-family and multi-family residential payments shall be made on the
basis of a unit cost per residence, the number of residences to be determined
by the number of residences as of January 1,2004, and adjusted on a monthly
basis with a report generated by the City of Muskego and transmitted to the
Contractor showing the number of occupancy permits, as well as disconnects
as a result of nonuse of a building, issued by the City for the previous month.
2. Combined Commercial & Residential Units
In instances where there is a single family residence in combination with a
commercial or business establishment, pickup from the residence shall be
limited to not more than the equivalent of three 32 gallon garbage cans per
week. For needs exceeding that noted above, arrangements are to be made
with the individual concerned for private disposal service at which time the
residential service will be discontinued. The contractor will be notified
monthly of each service reduction.
(j. BRUSH AND LK'\F PICKUP
a. FOUR TI~fES PER YEAR
The cORtractor sHeH iBdicate 13elow tHe east to provide four ( 4) times a year
13fHsH aRd leaf 13iekup afld disposal.
.^..ll brusH sHall be cet i8to five foot maxiHH:1mle8gtHs and 13laeed i8 Beat,
orderly piles at the eer13 or eàge of FoeEI. THe eolleeti08 shall be limited to five
eabic yards per r'6side8Ce per piek ep. No brancHes or logs over six i8cHes i8
diameter Beed 13e eolleeted.
The leaves shall be plaeed i8 plastic bags and plaeed at tHe eerb or edge of road.
Ther'6 sHall be 80 limit 08 tHe amoeBt of leaves bagged for pieka13.
The aRtieipated eolleetioR times foF the IJmsh aRd leaf piekøps aFe ORee
eaeh May, OetolJeF, NovemlJeF aRd DeeemlJeF of eaeh yeaF. The speeitie
weel!; of eaeh mORth \dlllJe deteFmiRed lJy the SupeFÏRteRdeRt of PÐlJlie
W oFks.
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The C08traetor sball provide, at its owa eXfJe8se, a s\:litable disposal site(s) f-ør
the brusb aRd lea-ves eoHeeted. All sites shall comply witb aliloeal, state aRd
federal laws, rules, ordi8anøes, regulati08s and orders.
1. SINCLE FAMILY D'VELLINC UNITS,
JaR\:lary 1, 2004 Deeember 31, 2004
Estimated 7,255 Fesideaees @ $ 128,848.80
Per r-eside8ee per year Total $ 17.76
2. TWO FAMILY D'VELLINC UNITS
J an\:lary 1, 2001 Deeember 31, 2001
Estimated 174 Feside8øes @ $ 8,418.24
Per \:l8it fJer year - Total $ 17.76
3. MUL TI F,~l\fIL Y DWELLINC UNITS SIX UNITS !aND UNDER
J an\:lary 1, 2004 Deeember 31, 2004
Estimated 80 oee\:lfJied \:laits @ $ 864 .00
Per \:lait per year - Total $ 10.80
4. l\WTI F:\MIL Y DWELLINC UNITS OVER SIX UNITS
J an\:lary 1, 2004 Deeember 31, 2004
Estimated 895 occupied \:laits @ $ 9,ééé.OO
Per uait per year - Total $ 10.80
TOTAL OF 1, 2, 3, & 4 - ~7.797.~
At tbe ead of the first year of the origiaal term (December 31, 2(04) aRd at tbe ead of eaeb eale8dar
year tber-eafter, the aHloeat fJer Feside8tial H8it payable dHriag tbe aext øomme8ciag an8\:1al fJeriod
shall be adj\:lsted i8 aeeordaRee witb tbe ehaRge i8 tbe "C08semer Priee Index" \:lSi8g tbe Natioaal CPI
U Ifldex publisbed BY tbe ß\:1Fea\:l of Labor Statistics CORS\:1mer Price Index (f~\:1g\:lst to ,^..\:lg\:lst) USiRg
tbe ,^..\:lg\:lst Index f'\:1Blished OR or aBO\:lt September 15,2003, as t8e base date aRd eompariRg it witb tbe
"Coas\:lmer Price Index" (NatioRal CPI U Ifldex) peblis8ed ia SeptemBer of seÐSeq\:le8t years,
comme8diag witb 2004. IR eaeb ease aRR\:lally, at tbe eRd of eacb ealeadar year, tbe amm:1Rt payable
per resiàeRtial \:lRit sball be adj\:lsted ia aecordaRce witb t8e foregoi8g 081y ORee for eacb aRR\:1al
period. Said ebaRges, Baseà OR the CPI U IRdex sball be reflected ia the mORtbly f'aymeats
COffime8eiag oa JaR\:lary 2005.
h. ADD A BRUSH AND LEAF PICKUP
Tbe Coatraetor s8all i8àieate Belo':I t8e eost to provide aR additioRal mORtb of
Bf\:1sb aRd leaf piek\:lp and disposal.
:\U Brusb shall be e\:lt iRtO five foot mwdmHH'l le8gtbs and fJlaeed i8 aeat,
orderly piles at t8e e\:1rb or edge of road. Tbe eoUeeti08 sball be limited to five
e\:lbic yards per reside8ee per piek\:lp. No brancbes or logs over six i8cbes ia
diaHleter 8eed to be coHeeted.
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The lea-yes shall be plaeed iFl plastic bags aRd plaeed at the e1:1rb or edge of mad.
There shall be FlØ limit OFl the am01:1Flt of lea-yes bagged for pick1:1p.
The COFltraetor shall pmvide, at it's OWFl expeFlse, a s1:1itable disposal site(s) ror
the bmsh and lea-';es collected. .'\11 sites sl'lall cOFl'lf>ly 'Nith all local, state aRd
feàeralla:ws, mles, ordiFlaRCeS, regulatioRS aRd orders. Natel All easts aFe iB
additiaB ta the (allF (4) times lieF )'eaF IIiekllil iR "A" ahaYe.
1. SINCLE FfA~ßLY DWELLINC UNITS
J an1:1ary 1, 2001 December 31, 2001
Estimated 7,255 resideaces @ $ 10.737.10
PerresiàeFlee f>er year Total $ 1.18
2. TWO F AIDL Y DWELLINC UNITS
J an1:1ar)' 1, 2004 Deeeæèer 31, 2001
Estimated 174 resideaces @ $ 701.52
Per 1:1Flit per year - Total $ 1.48
3. ~mLTI FA~tILY DWELLINC UNITS SIX UNITS ;\ND UNDER
JaR1:1ary 1, 2001 December 31, 2001
Estimateà 80 oee1:1pieà 1:1Flits @ $ 72.00
Per 1:1Flit per year - Total ~
4. MUTI F fAIDL Y DWELLINC UNITS OVER SIX UNITS
JaR1:1ary 1, 2004 Deeember 31, 2004
Estimateà 895 oeeHf>ieà 1:1Flits 0' $ &05.50
Per 1:1Flit per year - Total ~
TOT.AAL OF 1,2,3, & 4 . ~
.'\t the eFld of the first year of the Origi8al term (Deeember 31, 2(04) anà at the eFlà of each eale8dar
year thereafter, the amø1:1Flt per resideFltial1:1Flit payable àHriFlg the Rext eomme8eiFlg anR1:1al periøà
shall be adj1:1sted iFl aecordaRce with the chaRge iFl the "C08S1:1mer Price Index" 1:1SiRg tHe NatioFlal CPI
U ffiàex ptmlisHeà by tl'le ß1:1FeaH of Labor Statisties COFlS1:1mer Priee Inàex (:\1:1g1:1st to .^Æg1:1St) 1:1SiFlg
the A1:1g1:1st ffidex ptmlisl'led OFl or aboHt Sef>teæèer 15,2003, as the base date aRd COmpariRg it with tHe
"C08sHmer Price Index" (NatioRal CPI U ffidex) pHolisl'led iR September of s1:1bseE}1:1eRt years,
commeRdiFlg with 2004. In each case aRFl1:1ally, at tl'le ead of eaeh caleFldar year, the amO\:lRt payable
per r-esideFltial1:1Rit shall be adjusted iR aeeordance with the foregoiRg 081y ORce for each anooal
period. Said cRanges, baseà OR the CPI U ffidex sHall be refleeteà iFl tHe møRthly f>a)'fBeFlts
commeFlciFlg OR JaRuary 2005.
e. DELETE ONE BRUSH AND LE.-\F PICKUP
THe CORtractor shall iFldicate belovt' the cost to deduct 08e less mORth of bf\:lsh
anà leaf f>ick1:1p aRà àisposal fmm tae f01:1r sf)eeifieà iR .'\.
;\11 bf\:lsa saall be e1:1t iRtO fi';e foot ma-xiHHim le8gtas aRd plaeeà iR 8eat,
oràerly piles at the curb or eàge of road. The eo11eetioR shall be limiteà to five
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e1:1bic yards per resideRce per 13iek1:1p. No bnmches or logs over six iRehes iR
diameter Reed be collected.
The lea'/es sHaU 1ge placed iR plastie bags and placed at tHe c1:1rb or edge of roat:l.
THere sHaU 1ge RO limit OR the am01:1Rt of leaves 19a9ged f{)r pickup.
THe CORtraetor shall pro'1ide, at it's OWR eX13eRse, a s1:1itable disposal site(s) for
tHe 19msH aRd lea','es collected. All sites sHall eomply with all local, state and
federal laws, rules, ordiRaRCeS, regl:1latioRs and oràers. Note! All eosts aFe
deduets foF the hmsk aad leaf piekup ia Items "A" ahove.
1. SINCLE F.-\MIL Y DWELLINC UNITS
JaR1:1ary 1, 2004 Deceæeer 31, 2004
Estimated 7,255 resideRces @ $ 10.737.40
Per resideRce per year Total $ 1.48
2. TW'O FAMILY DWELLINC UNITS
JaRliary 1,2004 December 31,2004
Estimated 474 resideRces @ $ 701.52
Per1:1Ritperyear Total $ 1.48
~. MUL TI F.-\l\fIL Y D'VELLINC UNITS SIX UNITS ;'AND UNDER
January 1, 20(H Deeember 3 1, 2004
Estimated 80 occupied HRits @ $ 72.00
Per liRit per year Total ~
4. l\WTI F.-\MIL Y DWELLINC UNITS OVER SIX UNITS
J aR1:1ary 1, 2004 December 31, 2004
Estim.ated 895 occ1:1pied 1:1Rits @ $ &05.50
Per 1:1Rit 13er year Total ~
TOTAL OF 1, 2,~, & 4 ~
.^.t the eRd of tHe first year of the OrigiRal term (DeceHi1ger 31, 2(04) aRà at the eRd of eaeh ealeRàar
year thereafter, tHe amouRt per resideRtial1:1Rit payable à1:1riRg tHe Rext commeReiRg aRR1:1al13erioà
shall be adj1:1steà iR aeeoràanee '::ith the change iR the "CORS1:1mer Priee Inàex" 1:1SiRg tHe NatioRal CPI
U IÐ.dex 131:119lisheà 19y the ß1:1r-eæi of Labor Statistics CORS1:1mer Priee lnàex (.\1:1gl:1st to .^Ægt:1St) 1:1SiRg
tHe :\1:1g1:1st InàeK pablished OR or ab01:1t Se13temeer 15,2003, as the base date aRd eoæpariRg it with the
"CoRsumer Priee lÐ.àex" (NatioRal CPI U IÐ.dex) pli19lisHeà iR Se13tember of sabseq1:1eRt years,
eOfBmeRàiRg with 2004. IÐ. eaCH ease aRR1:1ally, at the eRd of eacH caleRàar year, tHe am01:1Rt payable
per r-esideRtialHRit sHall1ge aàj1:1sted iR accordaece witH tHe fOFegoiRg oRly oace for each aRRHal
13erioà. Saià changes, based OR tHe CPI U IÐ.dex shall be reflected iR the mORtlHy paymeRts
eOfBmeReiRg OR J æmary 2005.
7. RESIDENTIAL & CITY FACILITIES CURBSIDE RECYCLING AND
PROCESSING
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A. In addition to the collection and transportation to Emerald Park Landfill for disposal of
household refuse, the Contractor shall collect at curbside and provide the processing for the
following recyclable materials:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Clear, brown and green glass
Tin cans
Bi-Metal cans
Newspaper
Aluminum
Plastic containers (WDNR variance #3-#7 for 1998)
Magazines
Foam P.S. packaging (WDNR variance for 1998)
Cardboard
B. Recyclables will be placed at curbside using the existing 64-gallon cart previously
furnished by the City of Muskego. 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.
C. Contractor to supply 18-gallon recycling totes to Condominiums in lieu of the 64-gallon
recycling cart as determined by the Superintendent of Public Works for the City of
Muskego.
D. Additions and Deletions: The City of Muskego reserves the right to add or delete
recyclable items in accordance with state and federal law and to add or delete them from the
collection service provided under this contract. No additional payment shall be made for
said additions or deletions. Written notice shall be provided to the contractor of such
additions or deletions and to the service recipients by the City of Muskego.
E. Upon collection, all recyclables will become the property of the Contractor if being
disposed at contractor's facility and all revenues received from the proper sale and
processing of said recyclables shall be retained by the Contactor. No recyclables shall be
disposed of in a landfill or similar disposal site or in any illegal manner.
F. Recyclables picked-up and destined for the Waukesha County MRF are in the custody of
the contractor and become the property of the Waukesha County MRF upon delivery to the
MRF.
G. Recycling Program - Contractor shall, at its sole cost, publish a newsletter insert on
Recycling in conjunction with the City's newsletter on a quarterly basis or a lessor
frequency determined by the City. In addition to the cost of publishing, contractor shall pay
50% of the cost of distribution of the combined City Newsletter with the Recycling insert.
# pick- #
address upslweek containers size dates months
Muskego City Hall W182 88200 Racine Avenue 1 1 4 yard 1/01 - 12/31 12
" " 1 toter 64 gal " 12
Muskego Police Dept. W183 88150 Racine Avenue 1 1 4 yard 1/01 - 12/31 12
1 toter 64 gal " "
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Muskeao Public Librarv 573 W16663 Janesville Road 1 1 4 vard 1/01 - 12/31 12
1 toter 64 aal " "
Muskeao City Garaae W189 58285 Mercurv Drive 1 1 4 vard 1/01 - 12/31 12
1 toter 64aal " 12
# pick- #
address uDsiweek dumDsters size dates months
Muskego VFC 5ta. #1 576 W17858 Janesville Road 1 1 4 vard 1/01 - 12/31 12
1 toter 64 aal. " "
Muskeao VFC 5ta. #2 W195 510030 Racine Avenue 1 1 4 yard 1/01 - 12/31 12
1 toter 64aal " "
Tess Corners VFD - #1 W144 56731 Tess Corners Dr. 1 1 4 Yd. 1/01-12/31 12
1 toter 64aal " "
Tess Corners VFD - #2 5100 W13444 Loomis Dr. 1 1 4vd. 1/01 -12/31 12
1 toter 64 aal " "
Payment for these items shall be included in the cost of items 7.1. (a) through
(d), Alternate 2 or 7.2 (a) through (d), Alternate 3, whichever is chosen by City,
below and no extra payment will be made for this work.
At the end of the first year of the original term (December 31, 2004) and at the end of each calendar
year thereafter, the amount per residential unit payable during the next commencing annual period 'shall be adjusted 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 15,2003, as the base date and comparing it with the
"Consumer Price Index" (National CPI-U Index) published in September of subsequent years,
commending with 2004. In each case annually, at the end of each calendar year, the amount payable
per residential unit 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 on January 2005.
ALTER~ATE tt2
1.
a. SINCLE F'.A~D:L Y DWELLINC UNITS
J an\:lary 1, 2001 Decel'l'H3er 31, 2001
Estimatec:l 7,255 r-esideRces @ $ 251.(:)03.10
Per Fesic:lease per year Total $ 31.(:)8
,
h. TWO F;\~ßL Y DWELLINC UNITS
J aÐ.\:lary 1, 2001 Decel'l'H3er 31, 2001
Estimated 171 Fesideaees @ $ 16.138.32
Per \:lBit I>er year Total $ 31.68
e. ~RJL TI F AWL Y DWELLINC UNITS SIX UNITS "AND UNDER
J an\:lary 1, 2001 Deeel'l'H3er 31, 2001
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Estimated 80 oeeapied aRits @ $ 2.774.40
Per aRit per year Total $ 31.68
d. ~mTI F }aMIL Y DWELLINC UNITS OVER SIX UNITS
J anHary 1, 2001 Deeember 31, 2004
Estimated 895 oeeapied aflits @ $ 31.038.60
Per aflit per year - Total $ 31.68
TOTAL OF a t IJ te I d ~ ;;;
ALTERNATE #3
2. THE CONTRACT PRICE FOR BI-WEEKLY PICKUP OF RECYCLABLES
TO BE TRANSPORTED TO SELECTED CONTRACTOR'S VENDOR
a. SINGLE-FAMILY DWELLING UNITS
January 1, 2004 - December 31, 2004
Estimated 7,255 residences @ $ 202.849.80
Perresidence per year = Total $ 27.96
b. TWO-FAMILY DWELLING UNITS
January 1, 2004 - December 31, 2004
Estimated 474 residences @ $ 13.253.04
Per unit per year = Total $ 27.96
c. MULTI-FAMILY DWELLING UNITS - SIX UNITS AND UNDER
January 1, 2004 - December 31, 2004
Estimated 80 occupied units @ $ 2.236.80
Per unit per year = Total $ 27.96
d. MUTI-FAMILY DWELLING UNITS - OVER SIX UNITS
January 1, 2004 - December 31, 2004
Estimated 895 occupied units @ $ 25.024.20
Per unit per year = Total $ 27.96
TOTAL OF a+ b +c+d ~ 243.363.8~ =
8. YARD WASTE DROP OFF SITE
Contractor shall furnish a location in the City of Muskego for Saturday residential yard waste
drop-off. Site to be agreed upon by Contractor and City of Muskego.
Contractor shall furnish the suitable containers to accommodate yard waste.
Yearly cost for drop-off center for yard waste: , 13.500.00
9. REPORTING REQUIREMENTS
The Contractor is required to maintain records and report in writing to the City of Muskego at least
semi-annually (July 5 for current year and January 15 for previous year). Reports shall include: the
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amount of recyclables collected and transported from the municipality (in tons); the amount of
, recyclables processed and/or marketed by item type from the municipality; gross revenues received by
the Contractor from its sale of recyclables collected under the agreement by item type; and the final
disposal location of recyclable material. The determination of these various volumes and/or weights or
recyclable materials may be done using the State of Wisconsin Department of Natural Resources
"Guidance for Determining Weights and/or Volumes of Recyclable Materials". Draft Revision 6 or as
revised. Failure to report shall be cause for the municipality to revoke any license or terminate any
contract with the Contractor. The City shall have the right to inspect all records of Contractor
pertaining to required report subject to and including records from any disposal site or processing
facility operator utilized by the Contractor.
10. SUMMARY OF COST:
a. Total cost of all items and add and deduct of extra brush and leaf uickuu:
1. Weekly refuse collection 4. a. through d. ~5.992.96
1:!:17. 797 .fM 2. Bmsh and Leaf piekHp (j.a 1. throtlgh 1.
l\ltemate tt2
3. Recyelhig ColleetioR aø.d Disposal 8. 1.
a. throHgh d. 'NaHkesÐa MR.C
~
, Alternate #3
4. Recycling Collection and Disposal 8. 2.
a. through d. - Contractor's Vendor
$ 243.363.8~
B. Yearlv cost for Schools - Alternate #1
~
~ 20.755.~
5. Recycling Dropoff Center - Yard Waste
ALTERNATE METHODS
The City of Muskego is willing to explore additional alternate methods for the collection of
curbside refuse and/or recyclables and the proper disposal and recycling of same. Contractors having a
methodology not described herein may, as Alternate #4, include a description complete with
appropriate costs on company letterhead and attach to this bid at the time of submittal.
11.
CONTRACT SECURITY
The Contractor shall furnish surety Performance bond(s) in the amount equal to the value
of the base contract including any alternate additions or deductions for the period January 1, 2004 to
December 31, 2008, as security for the faithful performance of the contract. This bond may be renewed
on not less than a yearly basis in amounts equal to the base contract value for the year of renewal. All
Surety Bond(s) shall be on the forms provided in the specifications. No sHbstitHtio8s shall Be allowed.
Irrevocable Letters of Credit may be approved, but only in a form acceptable to the City.
12.
, 13. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all
insurance required under this subsection and such insurance has been approved by the City, nor shall
the Contractor allow any subcontractor to commence work on his sub-contract until all similar
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insurance required of the subcontractor has been approved. All Certificates of Insurance shall be
I submitted on the forms provided in the specifications. ACORD @ forms will not be allowed.
Worker's Compensation Insurance
The Contractor shall take out and maintain during the life of this contract and before any
work is commences, Worker's Compensation Insurance for all of his employees employed on the
project and in case any work is sublet, the contractor shall require the sub-contractor similarly to
provide Worker's Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the Contractor.
In any case any class of employees engaged in work under this contract at the site of the project is not
protected under the Worker's Compensation Statute, the Contractor shall provide Employer's Liability
Insurance for the protection of his employees not protected by the Worker's Compensation Statute.
Liabilitv Insurance
Contractor shall provide coverage for not less than the following amounts, or greater
where required by Law or Regulations:
1. Workers' Compensation and related coverages:
,
a. State
b. Applicable Federal (e.g., Longshoreman's)
c. Employer's Liability
Statutory
Statutory
$100,000/500,000/100,000
2. Contractor's General Liability shall include Premises-Operations: Independent
Contractors' Protection; Products Liability and Completed Operations; "Broad Form
Property Damage; Blanket Contractual Coverage:
,
a. $2,000,000 General Aggregate (per project)
(Except Products-Completed Operations):
Products-Completed Operations Aggregate
per Project):
Personal and Advertising Injury
per Occurrence)
Each Occurrence
(Bodily Injury and Property Damage):
e. Medical Expense (per Person);
f. Fire Damage:
g. Personal Injury Liability Coverage will include
Claims arising out of Employment.
Exclusions of Coverage for Property in Contractor's Care, Custody
or control will be eliminated.
Property Damage Liability Insurance will provide
coverage for Explosion, Coverage and Underground Damage.
b. $2,000,000
c. $2,000,000
d. $2,000,000
$5,000
$50,000
h.
1.
3. Automobile Liabilitv:
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and property damages of: $2,000,000
4. The Contractual Liability coverage shall provide coverage for not less than the
following amounts
a. Bodily Injury:
Each Accident:
Annual Aggregate:
$2,000,000
$2,000,000
b. Property Damage
Each Accident:
Annual Aggregate:
$2,000,000
$2,000,000
5. General Liability and CONTRACTOR's liability coverage shall be written on an
occurrence.
6. Liability coverage for OWNER and others listed will be provided (does not
apply to professional liability):
a. By endorsement as additional insureds on Contractor's General Liability,
Auto Liability, and Umbrella policies.
b. Name and address of persons or entities to list as additional insureds
under the required liability policies:
City of Muskego
W182 88200 Racine Avenue
P.O. Box 0749
Muskego, WI 53150-0749
7. Excess Liability (Umbrella):
General Aggregate:
Each Occurrence
$5,000,000
$5,000,000
The Contractor shall file a certificate of insurance containing a thirty (30) day prior notice of
cancellation, in a form and content acceptable to the City.
14. PROOF OF CARRYING INSURANCE
The Contractor shall furnish the City with satisfactory proof of carriage of the insurance
required with a reliable company or companies with an A.M.Best rating of A- or better, before
commencing any work. Such proof shall consist of a certificate executed by the respective
insurance companies and filed with the City. The Contractor shall also submit the original
insurance policies for inspection and approval of the City before work is commenced. Said
insurance shall not thereafter be canceled, permitted to expire or be changed without written
notice of at least thirty (30) days in advance to the City and consented to by the City.
15. PERMITS AND COMPLIANCE WITH LAWS
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The Contractor shall procure and pay for all permits, licenses and bonds necessary for the
prosecution of the work required by Municipal, State and Federal regulations and laws, unless
specifically provided otherwise in the contract specifications.
The Contractor shall give all notices, pay all fees and comply with all Federal, State and
Municipal Laws, ordinances, rules and regulations and codes bearing on the conduct of the
work. This contract as to all matters not particularly referred to and defined herein, shall
notwithstanding, be subject to the provisions of all pertinent ordinances of the municipality
within whose limits the work is performed, which ordinances are hereby made a part hereof
with the same force and effect as if specifically set out herein.
16. SUB-CONTRACTS
The Contractor shall not subcontract any of the Contractor's obligations under this contract
without the written consent of the City.
The Contractor agrees to be fully responsible to the City for the acts of omissions of his
sub-contractors and of anyone employed directly or indirectly by him or them and this
contract obligation shall be in addition to the liability imposed by law upon the Contractor.
Nothing contained in the contract documents shall create any contractual relationship
between any sub-contractor and the City.
The Contractor agrees to bind every sub-contractor (and every sub-contractor of a sub-
contractor) by the terms of this Contract as far as applicable to his work, unless specifically
noted to the contrary in a sub-contract approved in writing as adequate by the City.
All subcontracts approved by the City shall be accompanied by a Surety Payment Bond(s)
on the forms attached to the Specifications and shall be equal to the full amount of the
Subcontract. Surety Payment Bond (s) shall be renewed at intervals of not less than once
per year.
17. ASSIGNMENT OF CONTRACT
No assignment by the Contractor of any principal contract or any part thereof or the funds
to be received thereunder by the Contractor, will be recognized unless such assignments has
had written approval of the City and the Surety has been given due notice of such
assignment and has furnished written consent thereto. Such written approval by the City
shall not relieve the Contractor of the obligations incurred by him under the terms of this
contract. In addition to the usual recitals in assignment contracts, the following language
must be set forth:
"It is agreed that the funds to be paid to the assignee under this assignment are subject to a
prior lien for services rendered or materials supplied for the performance of the work called
for in said contract in favor of all persons, firms or corporations rendering such services or
supplying such materials. "
Assignment for the purposes of this contract shall also mean sale of the Contractor's
business to other than its current principal owners and/or stockholders.
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18. SUPERINTENDENCE
The Contractor shall give his personal superintendence to the work or have available at all
times, a competent foreman, superintendent or other representative satisfactory to the City
and having authority to act for the Contractor.
Insofar as it is practicable and excepting in the event of discharge by the Contractor or in
the event of proven incompetence, the individual who has been accepted to represent the
Contractor shall so act, and shall follow without delay instructions of the Public Works
Superintendent in the prosecution of the work in conformity with the Contract.
19. USE OF JOB SITE
The Contractor shall confine his equipment, apparatus, the storage of materials and
operations of his workmen to limits indicated by law, ordinances, permits or direction by
the City and shall not encumber the premises with his materials.
The Contractor shall not load or permit any part of a structure to be loaded with a weight
that will endanger its safety.
20. USE OF PRIVATE LAND
The Contractor shall not use any vacant lot or private land within the City of Muskego as a
spoil site without written authorization of the owner of the land (or his agent) and approval
by the City. A copy of the authorization shall be filed with the owner for his approval.
21. LABOR
The Contractor shall employ none but competent and skilled workmen and foremen in the
conduct of work on this contract. The City shall have the authority to order the removal of
any Contractor's employee who refuses or neglects to obey any of its instructions, or those
of the Superintendent of Public Works or his designee relating to the carrying out of the
provisions and intent of the provisions of the contract, or who is incompetent, unfaithful,
elusive, threatening or disorderly in his conduct and any such person shall not again be
employed on this project. Contractor agrees to indemnify and hold harmless the City of
Muskego from suits resulting in removal of workers for reasons listed above.
22. DAMAGE
The Contractor will be responsible for any and all damage to property, public or private,
that may be caused by its operations in the performance of this contract, and the contractor
shall defend any suit that may be brought against itself or the City and its agents,
representatives and employees on account of damage inflicted by his operations and shall
pay any judgments awarded to cover such damage. The Contractor shall defend any claims,
hold the City and its agents, representatives and employees harmless from any liability, and
indemnify the City and its agents, representatives and employees for any loss arising out of
or occasioned by the Contractor's performance of this contract. Said defense shall be at no
cost to the City of Muskego and its agents, representatives and employees.
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23. PAYMENTS
The Contractor may submit periodically, but not more than once each month, a request for
payment for work done. The Contractor shall furnish the City Clerkffreasurer all
reasonable facilities required from any liability, and indemnify the City for any loss arising
out of or occasioned by the Contractor's performance of this contract.
24. DEDUCTION FOR UNCORRECTED WORK
If the City deems it expedient to accept work not done in accordance with the contract, an
equitable adjustment will be made with proper deduction from the contract price for
unsatisfactory work. Unsatisfactory work shall include but not be limited to:
a. Failure of the Contractor to make the necessary collections.
b. Failure of the Contractor to respond to complaints to the satisfaction of the owner.
c. Failure of the contractor to follow-up on "missed" pickups.
d. Failure of the contractor to make pickups on the scheduled day.
e. Failure of the contractor to properly process recyclables.
f. Failure of the contractor to property transport recyclables or MSW.
Claims for damage filed against the Contractor by the City shall be handled expeditiously by
the contractor. If he fails to do so, the City maintains the right to withhold funds from the
contractor and pay claims if the City determines the claims are warranted and justified.
25. TERMINATION OF CONTRACT
The City of Muskego's Common Council may terminate this contract at any time upon the
proper showing that the services of the Contractor are not satisfactory, or upon failure of the
Contractor to adhere to this contract. The action of the Common Council shall be
conclusively presumed to be based upon facts supporting said action and shall be binding
upon the parties hereto.
26. CITY'S RIGHT TO DO WORK
Contractor shall have sufficient equipment and manpower available to continue regular
pickups in case of breakdown of equipment, resignation of men or inclement weather.
If the Contractor neglects to prosecute the work to be performed on this contract, the City,
after three days written notice to the Contractor and his surety, may without prejudice to
any other remedy the City may have, make good such deficiencies and may deduct the cost
thereof from the payment due the Contractor.
27. EXTENTION OF CONTRACT
This contract shall automatically renew for one additional year from January 1, 2009 to
December 31, 2009 unless written notice is given by either party to the other at least
Ninety(90) days prior to the end of the original contract date of December 31, 2008
terminating the contract as of December 31, 2008. All terms of the original contract shall
remain in full force and effect with the contract price to continue with only a CPI
(Consumer Price Index) increase or decrease as set forth in this contract.
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28. ROLL OFF CONTAINERS
The City of Muskego and Muskego Norway School District shall each be allowed
additional Thirty (30) Yard capacity containers to be delivered and picked up by Contractor
at request of City or School District. Said containers shall be billed at a rate of $250.00 per
container. All terms of the original contract shall remain in full force and effect with the
exception of the contract price for this item. The contract price for this item shall not
increase or decrease with the CPI (Consumer Price Index) as set forth in this contract.
29. FLOURESCENT TUBE RECYCLING
The Contractor shall provide fluorescent tube recycling at intervals to be mutually accepted
by and between the Contractor and Muskego Norway School District. Upon collection, all
recyclables will become the property of the Contractor if being disposed at contractor's
facility and all revenues received from the proper sale and processing of said recyclables
shall be retained by the Contactor. No recyclables shall be disposed of in a landfill or
similar disposal site or in any illegal manner. The cost for recycling shall be paid in
accordance with Section 23-Payments for the following items:
1. $O.15jlamp - Incandescents
2. $O.17/lamp - 4' and under straight fluorescents
3. $O.32/lamp -
51 and over straight Fluorescent lamps
4. $O.35/lamp - compact, circular, u-shaped lamps
5. $O.85/lamp - HID lamps (mercury vapor, sodium, etc)
6. $O.45jpound - broken lamps
7. $O.39jpound - PCB and non PCB ballast recycling
At the end of the first year of the original term (December 31, 2004) and at the end of
each calendar year thereafter, the amount per unit payable during the next commencing
annual period shall be adjusted 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 15,2003, as the base date and comparing it with the "Consumer Price
Index" (National CPI-U Index) published in September of subsequent years,
commending with 2004. In each case annually, at the end of each calendar year, the
amount payable per unit 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 on January 2005.
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IN WITNESS WHEREOF, the said CONTRACTOR has caused this instrument to be
executed, in the case of an individual by personal signature, in the case of a partnership by
the signatures of the members thereof, in the case of a cooperative or a corporation by the
proper officers thereof, and the said CITY has caused it to be executed by its Mayor and
countersigned by its City Clerkffreasurer upon authority duly given therefore.
IN PRESENCE OF:
(SEAL)
PRESIDENT (SEAL)
SECRETARY (SEAL)
CITY OF MUSKEGO
MAYOR MARK A. SLOCOMB
COUNTERSIGNED:
CITY CLERKfTREASURER
JEAN K. MARENDA
APPROVED AS TO FORM:
CITY ATTORNEY DONALD S. MOLTER, JR.
NOTE: When executed by an individual or partnership, signature should be under seal
and witnessed by two persons. When executed by corporation or cooperative, contract should
be signed by President and Secretary thereof and corporate seal affixed.
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CERTIFICATE TO BE EXECUTED
IF
CONTRACTOR IS A CORPORATION
I,
certify that I am the
of the corporation named as Contractor hereinabove; that
, who signed the foregoing contract on
behalf of the Contractor was then
of said Corporation; thence said contract was duly signed for in behalf of said Corporation by
authority of the Governing Body and is within the scope of its corporate powers.
(CORPORATE SEAL)
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INSTRUCTIONS FOR EXECUTION OF PERFORMANCE BOND
I
INSTRUCTIONS
The penal amount of the Performance Bond(s) for a unit price Contract shall be the
summation of the correct and checked extension of the unit prices with the estimated
number of units.
The form of bonds attached hereto shall be used for each contract. This form
contemplates one corporate surety only. In case co-sureties will be furnished, proper forms
therefore shall be obtained.
If the principal is an individual, his full Christian name and residence shall be inserted
in the body thereof, and he shall sign the bond with is usual signature on the line opposite
the scroll seal.
If the principals are partners, their individual names shall appear in the body of the
bond, with the recital that they are partners composing a firm, naming it.
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If the principal is a corporation, the name of the State in which incorporated shall be
inserted in the appropriate place in the body of the bond, and said instrument shall be
executed and attested under the corporate seal as indicated in the form. If the corporation
has no corporate seal, the fact shall be stated in which case a scroll of adhesive seal shall
appear following the corporate name. This also applies to execution by the surety.
The date of the bond(s) must not be prior to the date of the contract for which it is
gIven.
A Power of Attorney authorizing the execution of the Bond by an attorney-in-fact, or
agent, shall be attached to the executed counterpart of the bond. If the bond(s) is executed
by an out-of-state agent, the executed counterpart of the Bond(s) shall be countersigned by
a licensed resident agent.
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