Chapter 13.12 SOLID WASTE COLLECTION

The town grants to the contractor the exclusive right and obligation to provide solid waste collection services within the town boundaries for the term of the agreement and in accordance to the provisions provided in this chapter. In newly annexed areas, the contractor’s right and obligation to provide service shall not extend to any part of the newly annexed area until specific written authorization has been granted by the town council.

(Ord. 267 (part), 1992).

13.12.020 Contractor-Permit required-Liable for damage.

The contractor shall take out and pay for any business license or other fees required by the town or any other governmental agency which may be required under this chapter. Further, the contractor shall be obligated to protect all public and private utilities whether occupying street, public or private property. If such utilities are damaged by reason of the contractor’s operations under the contract, he shall repair or replace same or, failing to do so promptly, the town administrator or mayor’s office shall cause repairs or replacement to be made and the cost of doing so shall be billed to the contractor.

(Ord. 267 §9(a), 1992).

13.12.030 Contractor-Public liability and property damage insurance required.

The contractor shall obtain and keep in force during the term of the contract, public liability and property damage insurance in companies authorized to do business in the state of Washington and in form to be approved by the town. Said insurance shall provide coverage required by the contract, and the town. The town shall be named as an additional insured on said policy insofar as the work and obligations performed under the contract are concerned. The coverage so provided shall protect against claims for personal injuries, including accidental death, as well as claims for property damages which may arise from any act or omission of the contractor or by anyone directly or indirectly employed by the contractor. The contractor shall furnish the town with copies of all required insurance coverage. The minimum policy limits of such insurance shall be as follows:

Bodily injury liability coverage with limits of not less than $500,000 for bodily injury, including accidental death to any one person, and subject to that limit for each person, in an amount of not less than $1,000,000 for each accident; and property damage coverage in an amount of not less than $100,000 for each accident. Said insurance policy shall provide for sixty (60) days written notice to the Town of any change, cancellation or lapse of said bond.

(Ord. 267 §9(b), 1992).

13.12.040 Contractor-Performance bond and contract bond required.

A. The contractor shall, at the time of delivery of the executed contract, furnish to the town a corporate surety bond of ten thousand dollars conditioned for the faithful performance of the contract.

B. The surety must be authorized to do business in the state of Washington and be satisfactory to the town. Each bond must be approved in writing by the legal representative of the town. The bond shall remain in effect for one hundred twenty days after termination of the contract.

C. The performance bond shall provide for sixty days’ written notice to the town of any change, cancellation, or lapse of said bond. If the town shall have reason to believe that the security on said bond has become impaired since the execution thereof, or is insufficient, it may require the contractor to furnish other or additional security.

(Ord. 267 §9(f), 1992).

13.12.050 Alteration of contract terms.

A. Except as provided elsewhere in this chapter, either party hereto may initiate proceedings to negotiate a change or alteration in any of the terms of the contract by giving written notice of its intentions to do so at least forty-five days prior to the date such party desires to open said negotiations. The notice shall set forth the particular changes or alterations proposed and both parties hereby agree to cooperate, one with the other, in promptly arranging for said negotiations to begin within forty-five days of receipt of written notice.

B. In the event the parties fail to agree and thirty days have elapsed, the party requesting negotiations shall be entitled to terminate the contract upon one hundred twenty days’ written notice.

(Ord. 267 §11, 1992).

13.12.060 Assignment of contract and subletting.

A. The contractor shall not assign said contract or any part hereof, or any moneys due or to become due thereunder, without the prior written approval of the town. The contractor shall not sublet any part of said contract without first having obtained the written consent to do so. Requests for permission to sublet, assign or otherwise dispose of any portion of the contract shall be in writing and accompanied by the consent of the surety.

B. In the event of an approved assignment or subletting, the same shall in no way release the contractor from any responsibility, but he shall be held in all respects accountable for the same as if no assignment or subletting had been made. The contractor shall be required to give his personal attention to any work which is assigned.

C. Should the contractor be a corporation, the sale or transfer of twenty-five percent or more of its outstanding corporate share or the replacement of its board of directors or a majority of its directors shall constitute an assignment.

(Ord. 267 §9(h), 1992).

13.12.070 Town held harmless from loss or damage.

The contractor agrees to hold harmless the town from all loss or damage occasioned to it or to any third person or party by reason of any acts or omissions on the part of the contractor, agents and employees in the performance of the contract and will, after reasonable notice thereof, defend and pay the expense of defending any suit which may be commenced against the town by any third party alleging injury by reason of such acts or omissions and pay any judgment which may be obtained against the town in such suit.

(Ord. 267 §9(c), 1992).

13.12.080 Method of serving notice.

Any written notice to the contractor which may be requisite under these specifications may be served on him, either personally or by mailing or by leaving it at his last post office address known to the town.

(Ord. 267 §9(d), 1992).

13.12.090 Verbal agreements-Not binding.

No verbal agreement or conversation with any officer, agent, or employee of the town, either before or after execution of the contract, shall affect or modify any of the terms or obligations contained in any of the documents comprising the contract. Any such verbal contract shall be considered as unofficial information and in no way binding upon the town.

(Ord. 267 §9(e), 1992).

13.12.100 Contractor-Responsible for work methods.

The contractor shall make his own examination, investigation and research regarding the proper method of doing the work and all conditions affecting the work and labor to be done, equipment and materials needed thereon and the quality of work to be performed. The contractor agrees that he has satisfied himself by his own investigation and research regarding all of such conditions, and that his conclusion to enter into the proposed contract is based upon such investigation and research, and that he shall make no claim against the town because of any of the estimates, statements or interpretations made by any officer or agent of the town which may prove to be in any respect erroneous.

(Ord. 267 §1, 1992).

13.12.110 Contractor employment provisions.

A. All contractor employees shall identify themselves to the public as employees of the contractor and not the town.

B. All contractor employees shall be fully dressed at all times during working hours. Dress shall include shirt, full length pants, and suitable shoes, and shall remain on during work hours.

C. Equal employment opportunity is to be provided to every applicant and employee of the contractor. No person shall on the ground of race, creed, color, national origin, sex, marital status, age, or the presence of any sensory, mental or physical handicap unless based upon a bona fide occupational qualification, be denied the benefits of, or be subjected to discrimination under the terms and provisions of state and federal laws and regulations which are in effect pertaining to nondiscrimination.

D. The contractor shall guarantee fair labor and nondiscrimination practices in accordance with federal and state laws, and shall be responsible for the public conduct of all personnel when acting within the scope of their employment. When it is determined by the respective town that an employee’s work conduct is not within the scope of the contract, the town shall request immediate corrective action, and the contractor shall correct the situation to the town’s satisfaction.

E. The contractor shall be required to maintain a telephone attended during normal business hours and maintain such telephone during the period of the contract. Telephone service shall be toll free from the town.

F. The town will recognize observance of holidays for contract employees, those holidays being Thanksgiving Day, Christmas Day, New Year’s Day, and Fourth of July. Notification by the contractor will be required each year prior to observance of the above-stated holidays for informational purposes to the public.

G. Contractor shall comply with all requirements imposed by legal authority in regard to performance under the contract.

(Ord. 267 §6, 1992).

13.12.120 Reports-Maps-Annexed territories.

A. The contractor shall furnish a report at the end of each calendar year to the town showing the number of compacted cubic yards of garbage, refuse and other waste collected and hauled by him to the disposal site for each individual month of the year for the town. The contractor shall also include in the report an updated list of the number and size of containers provided for the users of the town.

B. The contractor shall also furnish in the annual report an outline of the service area of the town which will include the daily service routes. The contractor shall give not less than ten days’ notice to the town of any proposed change in the boundary of any route or time of collection. Any change in the day of pickup or of routes or of route schedules must be approved by the mayor. If, during the life of the contract, additional territory in any amount is acquired by the town through annexation, the town reserves the right, upon ten days’ written notice to the contractor, to order the contractor to make collections in such annexed area in accordance with all provisions of these specifications and at the agreed unit price set forth herein.

(Ord. 267 §8, 1992).

13.12.130 Collection equipment.

A. The contractor will furnish, during the period of the contract, a sufficient number of personnel, trucks and equipment to collect and dispose of solid waste collected in the town. Said equipment shall be maintained and operated in a clean and sanitary condition at the expense of the contractor. The contractor shall furnish vehicles especially designed for the collection and hauling of solid waste and waste products.

B. All solid waste vehicles shall be closed and watertight, front, rear or side loading, commonly known as packers, for collecting solid waste. The equipment shall be cleaned, uniformly painted and marked and identified, and equipped with warning devices, subject to review and approval by the town. All vehicles will be licensed, lighted, and safety inspected for highway operation.

C. No roadside littering from packer vehicles or from loading practices will be allowed. All solid waste collection vehicles shall be equipped with a minimum of one broom and shovel for removal of any spillage caused by the contractor during collection.

(Ord. 267 §4, 1992).

13.12.140 Containers.

A. All garbage cans will be of not more than thirty-two-gallon capacity not to exceed eighty-five pounds in weight and shall have two handles at the sides thereof and tight-fitting lids. Dumpsters for both collection of garbage and refuse may be used by any customer where the use is determined feasible by the town. The contractor shall include all costs of furnishing and maintaining dumpsters and drop boxes as incidental to the collection. A request for a dumpster or drop box by the user shall be delivered to the site of request within seven days. Failure to provide a container within that time period shall result in a penalty of ten dollars each day the container is not provided. All containers shall meet Consumer Products Safety Commission Standards. The minimum size dumpster provided shall be no less than one cubic yard.

B. The contractor will assure that such cans owned by the users shall not be abused by employees or agents of the contractor and that lids to such cans shall not be removed except when necessary to place garbage or refuse in such cans or to empty therefrom. All lids shall be replaced by the person placing the same therein or emptying refuse from such cans. All containers owned and provided by the contractor are expected to be painted and maintained in a sanitary and operable condition at all times. If after ten days of notification by the town unmaintained containers are not corrected, a penalty of ten dollars per day thereafter may be levied against the contractor.

C. The contractor will not be required to empty user-owned cans with deteriorated bottoms or those worn out to the extent they no longer meet sanitary and safety requirements. The contractor shall tag such cans notifying the user the tagged can must be removed from service within ten days or will no longer be serviced. Such tagged cans may be removed from service by the contractor after permission is granted by the user.

(Ord. 267 §3, 1992).

13.12.150 Collections-Residential services.

A. The contractor shall make his own investigation of the estimated average number of cans he may expect to pick up in residential areas. The contractor is expected to pick up all solid waste in residential areas. The contractor is expected to pick up all solid waste in residential areas which the user may bundle, box, bag, or have in cans. The list of estimated garbage services attached to the ordinance codified in this chapter may be used to estimate this amount of refuse.

B. The contractor shall collect, remove and dispose of all garbage and refuse in the residential districts of the town at least once a week. Residential districts of the town shall include all portions thereof not otherwise designated.

C. In addition to the garbage can collection in the residential areas, the contractor shall, at no additional cost, pick up tied and boxed bundles of paper, bagged refuse, or other contained miscellaneous refuse and household debris.

D. All cans in the regular residential service shall be picked up beside the curb or alley property line and returned thereto. Additional or other service desired by a residential customer shall be arranged with the contractor.

(Ord. 267 §2, 1992).

13.12.160 Commercial/industrial services.

A. The contractor shall make his own investigation of the estimated number of cans or dumpsters he may expect to pick up in commercial/industrial areas. The contractor is expected to pick up all solid wastes in commercial/industrial areas which the user shall have in cans and dumpsters.

B. The contractor shall collect, remove and dispose of all garbage and refuse in the commercial/industrial areas of the town according to user needs but not less than once a week. Additional or other services desired by commercial/industrial users shall be arranged with the contractor and user in like fashion for residential users.

(Ord. 267 §2(b), 1992).

13.12.170 Collection schedule.

A. Residential or commercial/industrial collection shall be on a regular scheduled weekly basis. Collection times from week to week for service for residential, and weekly service for commercial/industrial, shall not exceed a time differential of more than plus or minus one and one-half hours. Any deviation from this regulation shall be approved by the town prior to any such change in service hours.

B. Conditions such as adverse weather conditions or a major equipment breakdown will be considered as justification for a schedule change, provided that any such change shall also be approved by the town prior to occurrence of such change.

C. Penalty for any deviation from the regular schedule collection hours as identified herein shall be a minimum of twenty-five dollars per day unless otherwise approved by the town; provided, however, that no penalty shall be imposed if the deviation from regular schedules occurs as a result of no collection on a holiday.

(Ord. 267 §2(d), 1992).

13.12.180 Collection hours.

The hours for residential collection service shall be between six a.m. and five p.m. inclusive. The hours for commercial/industrial collection service may commence at four a.m. to five p.m.

(Ord. 267 §2(e), 1992).

13.12.190 Town collection service.

The contractor shall service all such litter cans owned by the town and provide and service dumpsters where requested. Such service will be considered a requirement of the contract and no fee shall be remitted by the town for such service. It is anticipated that the volume and number of containers now serviced by the contractor will not change appreciatively for the life of the contract.

(Ord. 267 §2(f), 1992).

13.12.200 Emergency collections.

Adequate provisions shall be made by the contractor to provide special collections when garbage, refuse and other waste has not been collected during the regularly scheduled pickup (call backs). Special pickups or call backs for missed collection shall be made by the contractor when ordered by the town at no cost to the town or the user. If the contractor fails to provide a special pickup or call back within the same scheduled day of notification by the town, the town may cause the work to be done with the cost borne by the contractor. If the user failed to put out his/her garbage on the regularly scheduled day for pickup, the contractor shall return for missed pickup within twenty-four hours after notification. For habitual “fail to put out” users, the contractor shall make notice to the town for additional billing equal to the usual weekly rate of the user.

(Ord. 267 §2(c), 1992).

13.12.210 Payment.

The contractor shall be responsible to bill and collect for service.

(Ord. 267 §10, 1992).

13.12.220 Loading.

A. Extra care shall be taken in the loading and transportation of garbage, refuse and other waste so that none of the material to be collected is left either on private or public property. Any garbage, refuse, or other waste left by the contractor on private or public property shall be cleaned up by the contractor within the same day as notified by the town or be subject to penalties of costs to remove.

B. It shall be the responsibility of the contractor to notify the town if users are not maintaining pickup sites in a sanitary condition. Otherwise the town will assume the contractor is responsible for the unsanitary pickup sites and will require the contractor to maintain the pickup site in a sanitary condition.

(Ord. 267 §5, 1992).

13.12.230 Disposal.

A. All garbage and refuse collected by the contractor shall be disposed of at an approved sanitary landfill or waste-to-energy facility. The contractor shall pay all charges for the use of such facilities. In calculating the cubic yardage of bulk garbage and refuse, the contractor shall calculate the yardage at its compacted bulk, rather than its loose bulk.

B. All solid waste and recyclable materials are hereby declared to be the exclusive property of the town from the time they are discarded, placed in the receptacle for disposal, or placed out-of-doors for collection by the generator thereof. This shall in no way release the contractor or the generator from compliance with all regulations relating to solid waste collection and disposal and the requirements as defined in this chapter. Nothing shall prohibit the town from using the collected materials for energy recovery and/or resource recovery.

C. The contractor shall not collect or transport to the disposal site hazardous materials or substances such as poisons, acids, asbestos materials, caustics and explosives, wearing apparel and bedding, or other solid waste from any place such as hospitals or any premises where highly infectious contagious disease has prevailed. All requests for collection for hazardous materials shall be referred directly to the Grant County Health District or the Washington State Department of Ecology.

(Ord. 267 §7, 1992).

13.12.240 Public officials-Not personally liable.

No official, officer, employee or agent of the town shall be personally responsible for any liability arising under conditions growing out of the contract.

(Ord. 267 §9(g), 1992).

13.12.250 Contractor’s failure to perform.

A. Should the contractor at any time refuse or neglect for any reason to supply a sufficiency of properly trained workmen or of equipment of the proper quantity or quality, proper insurance protection or a valid performance bond, or fail in any respect to prosecute the work with promptness and diligence, or fail in the performance of any of the agreements herein contained, the town may at its option, after three days’ written notice to the contractor provide such sufficiency of labor or equipment and deduct the cost thereof from any moneys due or thereafter to become due under the contract.

B. In the event the contractor shall breach any provisions of the contract required of him, the town may, upon three working days’ written notice to the contractor and his surety, the contractor meanwhile having not cured the breach of the contract as set forth in the notice, transfer the performance of said work from the contractor to the surety.

C. Should the contractor and his surety fail to perform any duty as aforesaid, the contractor shall not be entitled to receive any further balance of the amount to be paid under the contract until the work shall have been fully finished. If the unpaid balance of the amount to be paid under the contract exceeds the expense incurred by the town in finishing the contract, and all other damages sustained or which may be sustained by the town, such excess shall be paid by the town to the contractor. If such expense and damages shall exceed the unpaid balance, the contractor and his surety and each thereof shall be jointly and severally liable therefor to the town and shall pay the difference to the town.

(Ord. 267 § 12, 1992).