INDEX CONTENTS ‘TAB NUMBER REQUEST FOR PROPSAL 1 ADDENDUM & ATTACHMENTS: 2 25.1 COVER LETTER 3 25.2 EXECUTIVE SUMMARY 4 25.34 APPROACH ~ METHODOLOGY 5 25.3.2 APPRAOCH -- TRANSITION 6 25.3.3 APPROACH — COLLECTION SCHEDULE 7 25.34 APPROACH ~ EQUIPMENT 8 26.35 APPROACH - FACILITIES 9 25.36 APPROACH - YARD WASTE 10 254 PUBLIC EDUCATION 4 2.6.4 EXPERIENCE 12 2.6.2 CAPABILITIES 13 263 CUSTOMER SERVICE 14 264 REFERENCES 15 265 PRIMARY BUSINESS 18 26.6 RECORDS MANAGEMENT 7 267 COMPANY HISTORY 18 27 SEALED FEE PROPOSAL 19 28 BID BOND 20 EQUAL BUSINESS OPPORTUNITY (EBO) PLAN 21City of Jackson Request for Proposals Solid Waste Collection Services City of Jackson, Mississippi October 2021 City of Jackson Department of Public Works Marlin King, Jr., Director PROPOSAL DUE DATE November 23, 2021, 3:30 p.m., Central Time (CT) ATTENTION: Lakesha Weathers‘ABLE OF CONTENTS Section 1 —Introduction......:+:sss:sscsissiesseessesse tcc sesereeeteenee seen Section 2 ~ Proposal Instructions... Section 3— Scope of Services.......---esee ces teeeeeeenneee 14 . Section 4 — Proposal Evaluation. ........c.cccssseeeseeees 45 . Attachment A — Transmittal Form Sheet...........cscsssssseeeeesnseee eee 48 Attachment B — Equal Business Opportunity Plan... soon Attachment C — City of Jackson Solid Waste Ordinanees..... Attachment D — Bid Bond Form. .......-.cecscesssesssseetteeeeeseeeeee seceeeeeee TD . Attachment E — Contractor's Fee Proposal Form...SECTION 1- INTRODUCTION 1.1 PURPOSE OF THE REQUEST FOR PROPOSALS The City of Jackson (City) is requesting proposals from qualified Service Providers to provide residential solid waste collection and iransportation to a designated transfer station or landfill. Award of a contract for this project is subject to the availability of funding. 1.2 BACKGROUND The City of Jackson 2020 population was 153,701. The current agreement provides for the collection and transportation of residential Solid Waste, Yard Waste, and Bulkc Waste. The City operates a grant- funded program where White Goods, scrap metal, and tires are collected from residential customers upon request. Residential Solid Waste collection services are provided twice per week. On average, 54,286 tons of waste is landfilled from the City of Jackson annually. All of the City’s residential Solid Waste is taken to the Waste Management Transfer Station at 1462. Country Club Road, Jackson, MS 39209, before it is disposed at the Clearview Landfill at 2253 Mudline Road, Lake, MS, which is owned and operated by Waste Management. Disposal at the facility owned by Waste Management is pursuant to the terms of @ Solid Waste Disposal Agreement that will expire on October 31, 2025. The current cost of disposal for Residential Solid Waste is $27.56 per ton. The cost is subject to annual indexing for inflation using the Consumer Price Index for Water, Sewer, and Trash (WST), Not Seasonally Adjusted, All Areas, as published by the United States Department of Labor 1.3. DEFINITIONS Unless the context clearly indicates that another meaning is intended, the following terms, when used in this solicitation, have the meaning ascribed to them in this section: ‘+ Annexed Area: means any atea contiguous fa the Contract Area that is added to the boundaries of the City of Jackson by any srethod of annexation following the Effective Date of the Contract. ‘© Bulk Waste: means furniture and other waste materials (excluding White Goods, commercial construction debris, Hazardous Waste, and Yard Waste) with weights or volumes greater than those allowed for containers, ‘* Cart: means a container the Service Provider provides for Residential Solid Waste services in the Proposal. All equipment will be maintained in good repair and appearance. The Service Provider will be responsible for replacing faulty or damaged containers to the household. If the household is deemed responsible for the necessary replacement, an appropriate reasonable fee may be assessed by the Service Provider. «City: means the City of Jackson, Mississippi «City Employee: mean an employee of the City subject to its personnel policies. REP March 2021 Solid Waste Collocion Services 3|Page* Collection Schedule: means the defined days of collection designated by the City. ‘+ Company: means a Service Provider that has been selected by the City to provide the services procured through this RFP. © Container means a metal or plastic can of not less than ten gallons, nor more than 30 gallons capacity, fitted with a closely fitting cover, or a treated sack having the same capacity. * Contract: means the written agreement signed by the Company and the City, following the award of the project, and the Contract Documents, which together set forth the terms, conditions, and responsibilities between the parties for carrying out the objects of the RFP. * Contract Area: means the area(s) of the City, including any Annexed Areas, within which services will be provided by the Service Provider, during the term of the Contract and any extensions, if granted. * Contract Documents: means the Request for Proposals, Instruction to Service Providers, Definitions, Service Provider's Proposal, the Contract, the performance bond and any addenda or changes to the foregoing documents agreed to by the City and the Service Provider. Contract Technical Representative; means a City employee(s) who observes the operations of the Service Provider to ensure that the services are performed according ta the Contract and City Code, ‘© Curbside: means that location, with respect to a residence, which is most immediately adjacent to a City Street or State or Federal highway ‘* Customer: means a resident of a Residential Unit, who will be provided curbside collection services through this procurement, specifically referring to a resident in the Contract Area. * Disposal Site: means a refuse depository including, but not limited to, sanitary landfills, transfer stations, and waste processing/separation cente:s licensed, permitted or approved by all governmental bodies and agencies having jutisdiction. «Effective Date: means the date that the Contract between the City and the Company is in effect. + Byvaluation Committee: means a committee, as appointed by the City, responsible for recommending the best Service Provider for the services being procured through this RFP. «Fee: means a dollar amount inclusive of all Service Provider's costs (including, but not limited to, overhead, insurance, labor, equipment, and advertisements) and profit charged for a specific service(s). «Garbage: means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food, including wastes from markets, storage facilities, handling and sale of produce and other food products, and excepting such materials that may be serviced by garbage grinders and handled as household sewage. RFP -March 2021 Solid Waste Collection Services 4| Page‘Hazardous Waste: means materials (whether solids, liquids or gases) which constitute a hazard to health or safety, including, but not limited to, poisons, acids, caustic materials or solutions, chemicals, Freon gas, polychlorinated biphenyls (PCBs), asbestos, lead-based pains, infectious or infected wastes, radioactive materials and petrofeum products, offal, fecal matter, explosives, radioactive materials, flammable substances, and any waste, substance, or material that under any federal, state or local environmental law is deemed hazardous, toxic, a pollutant, or a contaminant, including, without limitation, any substance defined or referred to as a “hazardous waste," a hazardous substance," a "toxic substance," or similar designation under any federal, state or local environmental law. ‘Holidays: means holidays observed as listed in City personnel rules and regulations which are: co New Year's Day © Martin Luther King, Ir. Day 0 Thanksgiving Day © Christmas Day * Landfill: means a Disposal Site for disposing of Residential Solid Waste ‘+ Missed Collection: means any properly prepared Refuse, Yard Waste, or Bulk Waste not picked up on the scheduled collection day. ‘+ Request for Proposals (REP): documents, including documents attached or incorporated by reference, utilized for soliciting proposals in accordance with the procedures and instructions set forth herein, + Residential Unit: means a dwelling unit such as a home or trailer, ora dwelling unit in a multifamily dwelling of four or less units, not including hotels or motels. A Residential Unit shall be deemed occupied when water setvices are being supplied thereto. ‘* Roll-Off Containers: means a container to be used where dumpsters are not of sufficient capacity or materials are not suitable for dumpster usage. Container sizes are 20, 30, and 40 cu. yd., either open top ot enclosed compactor type. + Rubbish: means non-putrescible solid wastes (excluding ashes) consisting of both combustible and noncombustible wastes. Combustible rubbish includes paper, rags, cartons, wood, furniture, rubber, plastics, yard trimmings, leaves and similar materials. Noncombustible rubbish includes glass, crockery, metal cans, metal furniture and like materials which will not burn at ordinary incinerator temperatures (not less than 1600 degrees F). + Service Provider: means any conporation, partnership, individual, sole proprietorship, joint stock company, joint venture, local government, solid waste authority, or any other private or public legal entity that has interest and the ability to provide the services being procured through this RFP. RFP March 2021 Solid Waste Collection Services 5|Page‘* Solid Wastes: means any garbage, rubbish, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or gissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880), or source, special nuclear or by-product meterial as defined by the Atomic Energy Act of 1954. ‘Residential Solid Waste: means Solid Waste generated by a Residential Unit, City facility, or community activity. It excludes commercial and industrial Solid Waste, sludge from a wastewater plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semi-soiid, or contained gaseous material resulting from industrial, commercial, mining, and agricultu:al operations, ‘* Source-Separated: means materials that are segregated by individual components of Recyclables into separate containers for the pucposes of recycling such components. ‘+ Staff: means all employees of the Company who perform services for the City. ‘Street: means a public road in a city or town, typically with houses and buildings on one or both sides. ‘© Submission Date: means the date and time proposals responding to this this RFP are due to the City. ‘© White Goods: means any large household appiiance including reftigerators, stoves, dishwashers, water heaters, washers, dryers, or other similar appliances. * Yard Waste: means grass, weeds, leaves, tree and shrubbery pruning and other similar materials generated in the maintenance of lawns and gardens, which ate separated from other Solid Waste, 1.4 USE OF SUBCONTRACTORS It is understood that the primary supplier responding to this request for proposal may not have the capacity to undertake all the tasks outlined and in order to fuifill the EBO requirements, a subcontractor may be needed, The successful candidate may develop agreements with subcontractors in order to provide and manage the full scope of services requested by the City. If one or more subcontractors are to be used, the subcontractor must be clearly identified and noted in the proposal when it is submitted. The City must approve any change in the use of subcontractors in advance and in writing. No such approval will be construed as making the City a party to such subcontract or subjecting the City to lability of any kind to any subcontractor. No subcontractor will under any circumstances relieve the Service Provider of its liability and obligation under any resulting zontract. Subcontractors are subject to the same contractual conditions as the Service Provider, including all federal, state, and local regulations and ordinances. RFP —March 2021 Solid Waste Collection Services 6|Page1.5 DISCLAIMER The City and its advisors have, to the best of their knowledge, represented information and data that are current and applicable to this RFP. The City is providing the Information contained herein as a courtesy to the Service Provider. The City and its advisors neither guarantee nor warranty that the information contained in this REP or referenced documents is accurate and complete. The City and its advisors are not and will not be liable for omissions or errors contained in this RFP. It is the Service Provider's responsibility to use this information and verify the same during the proposal, negotiation, and contract implementation periods through its own due diligence. SECTION 2 - PROPOSAL INSTRUCTIONS 2.AGENERAL Respondent Service Providers shail provide: 1) one (1) electronic and (1) bound hard copy of the complete original (non-redacted) version of the proposal inctuding all attachments in a searchable Microsoft Office® format, preferably in Word® or Portable Document Format (PDF®) labeled accordingly and including the required EBO Plan, as well as one unbound signed original EBO Plan. Section components must be clearly distinguished as follows ‘a. COVER LETTER Transmittal Form Sheet (Attachment A) b, COMPONENT | - Technical Proposal c. COMPONENT 2~Cost Proposal 2) One (1) electronic and five (5) BLIND bound hard copies of COMPONENT 1 — Technical Proposal in a searchable Microsoft Office® format, preferably in Word® or Portable Document Format (PDF®). All Service Provider-identifying information shall be removed from both the electronic and bound hard copies. a. Service Provider-identifying information includes but is not limited to any prior, current and future names ot addresses of the vendor, any names of incumbent staff, any prior work or current work with the City of Jackson or staff, any prior, current and future logos, watermarks, and company colors, any information, which identifies the Service Provider as an iacumbent, and any other information, which would affect the blind evalzation of technical or cost factors. The “blind” copy shall not include pricing information, or Résumés of Key Staff. This requirement is necessary to help ensure the anonymity of the Respondents from the evaluation (eam that will review the aforementioned sections and components af your proposal. The “blind” copy should be provided in a searchsble Microsoft Office® format, preferably in Word®. Respondents who fail to redact all identifying information MAY be disqualified and not considered for an award. 3) If the proposal contains confidential or trade information, one (1) additional confidential or trade electronic copy of the complete proposal including all REP —March 2021 Solid Waste Collection Services 7|Pageattachments shall be submitted in a searchable Microsoft Office® format, preferably in Word® or Portable Document Format (PDF), shall be labeled CONFIDENTIAL, and shall redact the confidential or trade information only. All documents shall be submitted in a sealed envelope or box marked "Solid Waste Collection Services", The original and copies of the unredacted and redacted proposals shall be indexed with tabs as requested in Section 2.6 Proposal Contents. The Cost Proposal shall be submitted in a separate sealed envelope that will be submitted in the same sealed envelope or box as the Technical Proposal. This sealed envelope shall be clearly labeled “Cost Proposal” and include the name of the proposer on the outside of the envelope. Electronic proposals MUST be submitted at www.centralbidding.com. For any questions relating to the electronic bidding process, please call Central Bidding at 225-810-4814. All proposals (both electronic and physical hard copies) must be received no later than 3:30 p.m. Central Daylight Time, on November 23, 2021. All physical hard copies shall be submitted to the attention of If by hand delivery: City of Jackson Office of the Municipal Clerk 219 South President Street Jackson, Mississippi 39201 If by mail: City of Jackson Office of the Municipal Clerk Post Office Box 17 Jackson, MS 39205-0017 2.2 QUALIFCATIONS WITHDRAWAL PROCEDURE Proposals may be withdrawn up until the Submission Date. Any proposal not so withdrawn shall, upon opening, constitute an irmevocable offer for a period of ninety (90) days to provide the services set forth in the proposal ot until one of the proposals has been accepted and an agreement has been executed between the City and the suecessfull proposer. 2.3 RESERVATION OF CITY RIGHTS The award of this project is subject to the availability of funding. The City reserves the right to request Clarification of information submitted and to request additional information of one (1) or more proposers. The City of Jackson reserves the right to reject any and all proposals where the proposer takes exception to the terms and conditions of the RFP and/or fails to meet the terms and conditions and/or in any way attempts to limit the rights of the City of Jackson in any required contractual terms and provisions set forth in this RFP. The City of Jackson reserves the right to amend the contents of this RFP by Addendum as it deems necessary. It is the Responding Service Provider’s sole responsibility to monitor the City of Jackson website for amendments to this REP to ensure that their response is pursuant to the amended RFP, if RFP March 2021 Solid Waste Collection Services, 8|Pageapplicable. ‘The City reserves the right to negotiate the Contract for the project with the next most qualified proposer if the first choice does not agree to the terms of a Contract after submission of the Contract to the Service Provider. The City reserves the right to negotiate all elements of work that comprise the selected propasal The City reserves the right, after opening the proposals, or at any other point during the selection process, to reject any ot all proposals, modify or postpone the proposed project, evaluate any alternatives offered, or accept the proposal that, in the City's sole judgment, is in its best interest. The City reserves the right to terminate the Contract if the selected Service Provider fails to begin to perform the work described herein within ten (10) days after the City giving the selected Service Provider a written notice to proceed 24 REQUESTS FOR INFORMATION The City specifically requests that any contact concerning this RFP be made with the Solid Waste Manager, Lakesha Weathers, at |[email protected] . Failure to honor this request will be negatively viewed in the selection process. Any questions related to this solicitation are to be submitted in writing through email with the subject line, “Solid Waste Collection Services RFP Question” by November 15, 2021 ta receive a response. Responses to all questions received will be delivered in the form of an Addendum to this RFP which will be provided through Central Bidding and any email addresses provided by interested Service Providers. ‘At no time shall any Service Provider or its personnel, contact or attempt to contact, any Jackson governing authority or staff member regarding this solicitation except the contact specified above. Should it be determined that any Service Provider has attempted to communicate or has communicated with any City of Jackson governing authority or staff member regarding this solicitation, the City of Jackson, atts discretion, may disqualify the Service Provider from submitting 1a proposal in response to this RFP or being awarded a contract as result of this RFP. 2.5 PROPOSAL CONTENTS ‘The Service Provider shall provide detailed information so as to demonstrate its understanding of the services requested. Proposals should be prepared simply and economically, providing a straightforward and concise description of the proposer's ability to meet the requirements set forth in this RFP. All documents will be typewritten on standard 8.5 x J1-inch white paper. Exceptions would be schematics, exhibits, photographs or other information necessary to facilitate the City's ability to accurately evaluate the proposal. The proposal should be organized as follows: 2.5.1 Cover Letter (Attachment A) RFP —March 2021 Solid Waste Collection Services o|Page‘The Proposal must include a letter of transmittal (Attachment A) attesting to its accuracy, signed by an individual authorized to execute binding legal documents on behalf of the Service Provider. The cover letter shall provide the name, address, telephone and facsimile numbers of the Service Provider along with the name, title, address, telephone and facsimile numbers of the executive that has the authority to contract with the City. The cover letter shall present the Service Provider's understanding of the Project, a summary of the approach to be undertaken to perform the Services, as well as a summary of the costs to provide the Services. 258.2 Executive Summary The Service Provider shall include an executive summary with all identifying information removed. The executive summary should outline its Proposal, including the proposed general management philosophy. ‘The executive summary shall, at a minimum, include an identification of the proposed project team’s experience, give the responsibilities of the project team, and a summary of the proposed Services. This section should highlight aspects of the Service Provider's Proposal, which make it superior or unique in addressing the needs of the City. 25.3 Approach 2.5.3.1 Methodology The Service Provider shall provide, in this section of the proposal, a description of the method) that will be used to accomplish the level of services required in Section 3, Scope of Services, Methods for all areas of Section 3, Scope of Services, must be described, 2.5.3.2 Transition The Service Provider shall provide a plan for the seamless transition of services from the previous Service Provider. This plan should inclade the process and timetable for delivery of collection carts for the distribution of educational materials to residents 10 be served outlining a new Collection Schedule and services to be provided. The Service Provider’s plan will need to detail how it will transition within a period of no more than sixty (60) days from award of the Contract. 25.3.3 Collection Schedule The Service Provider shall provide, in this section, its proposed schedule for Residential Solid Waste, Yard Debris, and Bulk Waste collection from Customers. 2.5.34 Equipment Provide the City with a comprehensive list of alt equipment, including, but not limited to make, model, year, number of years in service, equipment identification numbers and vehicle tare weights that shall be used in fulfilling the Contract. 2.5.3.5 Facilities ‘The Service Provider shall further describe, in this section, its plan for providing collection services to all required City facilities RFP March 2024 Solid Waste Collection Services 10| Page2.5.3.6 Yard Waste The Service Provider will identify how it will manage the Yard Waste collected and provide a list of the proposed facilities it intends to use, if different Srom the facility for disposal of Residential Solid Waste. The list will include the Disposal Site's permit number, current address, contact person and telephone number for each Disposal Site listed. In addition, the Service Provider must submit documentation for the facilities it proposes to use, demonstrating five years of disposal capacity for Yard Waste generated from the City The City finds value in a system where Yard Waste are processed for reuse either through mulch facilitics or composting, Proposals with innovative approaches for the reuse of Yard Waste will be reviewed with interest. 2.54 Public Education The Service Provider will submit a waste reduetion public education plan to the City. The plan must include a copy (outline) of the public education materials the Service Provider intends to distribute to subscribing households and identify a plan for the development and distribution of such educational ‘materials on an ongoing basis. The Service Provider will also define the intentions of the program and indicate a philosophy of educational outreach. 2.6 Service Provider Experience/Capabilities 2.6.1 Experience The Service Provider shall provide without including identifying information, in this section of the proposal, # detailed description of similar services or contracts in which itis presently involved or has completed during the past two (2) years. If the Service Provider is an incumbent provider of these services, the Service Provider may list the City of Jackson contract but shall not name the City of Fackson as the recipient of these services. 2.6.2 Capabilities The Service Provider shall provide, in this section of the proposal, a description of its capabilities. Any limitations relative to facilities, staff personnel, ongoing projects/contracts, or any other limitation on the Service Provider's capabilities shall be identified. Ifthe Service Provider is an incumbent provider of these services, the Service Provider may list the City of Jackson contract but shall not name the City of Jackson as the recipient of these services, 3 Customer Service 2 The Service Provider shall locate within the City of Jackson its customer service center for City of Jackson customers. REP -March 2021 Solid Waste Callecion Services 11|PageDescribe the following items in your Proposal: 2.6.3.1 263.2 2.6.3.3 2.6.3.4 2.6.3.5 2.6.3.6 The Service Provider's customer service philosophy and describe how it is communicated and reinforced throughout the organization. Service Provider's approach to total quality management, and how your current customers ‘benefit from your service improvements. ‘The Service Provider's complaint resolution procedures. The nature of service improvement and increase in customer satisfaction that the Service Provider has been able to achieve in environments comparable to the City's in size and complexity. The methodology the Service Provider uses to handle an unhappy customer. How the Service Provider regains that customer's confidence and retains their loyalty. The emergency plan in place that the Service Provider will take to deal with emergency situations such as extreme cold temperatures, snowlice, fire, or natural disaster which may require a deviation from the normal operating procedures. The emergency plan should address Contract Technical Representative notification procedures and include emergency contact information, 2.6.4 Reference The Service Provider must list local government client references with a contact person and telephone number. Lis three years ist any local government clients that have terminated or discontinued services in the last with a contact person, telephone number and explanation for the discontinuation. If the Service Provider is an incumbent provider of these services, the Service Provider may list the City of Jackson contract but shall not name the City of Jackson as the recipient of these services. 2.6.5 Primary Business Provide, in affiliations this section, your primary business interest and/or operations including organization and Include the magnitude of your operation as it relates to this project. 2.6.6 Records Management Describe your record keeping procedutes in detail 2.6.7 Company History Provide pertinent historical information that will demonstrate your capability to successfully accomplish this project. Ifthe Service Provider is an incumbent provider of these services, the Service RFP March 2024 Solid Waste Colleton Services 12| PageProvider may list the City of Jackson contract but shall not name the City of Jackson as the recipient of these services. 2.7 FEE PROPOSAL INSTRUCTIONS 2.7.1 Reasonableness ‘The Fee Proposal shall remain sealed until the Technical Proposals have been opened and determined to meet the qualifications. All Fee Proposals of qualified Technical Proposals will be opened, evaluated, and ranked, These Fee Proposals will be evaluated for completeness and reasonableness 2s they relate to the Technical Proposal. 2.7.2 Best Value While important, the Fee Proposal will not be the sole determining factor in the selection process. It is not the intent of the City to limit innovative solutions by dollar constraints, but rather to determine which proposal has the potential of providing the best value for the services required. 2.8 BID BOND A certified check or bid bond by a corporate surety license to do business in Mississippi and acceptable to the City, in the penal sum of $1,000,000.00 shall be submitted with the Fee Proposal. The bonds required must be accompanied by a certificate of the surety certifying that they who executed the bond is authorized to bind the surety company as of the date of the bond and qualified to do business in the State of Mississippi. 2.9 TERMS AND CONDITIONS ‘The Company shall maintain a local office, which shall be located in the City of Jackson. The hours of operation shall be 7:00 AM - 7:00 PM and office Staff should be available during these hours. An answering service shall be linked to the telephone line for after hour issu ‘The Company shall assign qualified, competent, and skilled personnel, who will serve as project manager(s) to oversee this Contract. The City shall be notified in advance of any changes with the key personnel. Within one (1) year of the commencement of this Contract, seventy-five percent of personnel performing services for this Contract shall be considered full-time employees of the Service Provider working on average at least thirty (30) hours per week or one hundred thirty (130) hours per month. At no time shall the Company's personnel solicit, request, or receive gratuities of any kind. The Company shall inform its personnel that profane language is prohibited at all times during the performance of their duties. Any personnel of the Company, who engages in misconduct or in negligent in the performance of their duties, shall not continue providing services to the City under this Contract The City may request the reassignment of any personnel of the Company who violates the provisions RFP —March 2024 Solid Waste Collection Services 33 | Pageof this Contract, or who is determined to be wantonly negligent or discourteous in the performance of their duties while working for the Company performing services under this Contract. ‘The Company shall pick up all blown, littered, and broken material occurring at the point of collection resulting from its collection and hauling operations. Each truck shall be equipped with the necessary tools to clean up any spitled material from the City Streets, rights-of-way, sidewalks, or Customer's property when spillage is caused by the Company. The Company will use due care in handling all Containers. ‘The Company shall not enter into any subcontracts, leases, or agreements pertaining to the provision of the services under the Contract without the written consent of the City, The Contract may not be assigned, in whole or in part, in any way without prior written consent of the City, SECTION 3- SCOPE OF SERVICES 31 G ENERAL INFORMATION This Scope of Services is for general information and the formulating of the Service Provider's Fee Proposal. While the Scope of Services and terms and conditions presented reflect the City’s preferences, this Scope of Services and the terms and conditions may be modified during the negotiation and contracting phase. The Service Provider shall collect all properly prepared Residential Solid Waste, Yard Waste, and Bulk ‘Waste from each Customer on the designated collection day. Collections will occur at the curb. ‘The Service Provider shall handle all serviced collection Containers in a manner that avoids damage to them, Containers will be returned to the designated setout location at each residence, standing upright, and will not be thrown or placed in areas where they become ebstructions to pedestrians or traffic flow. The Service Provider will make collections with a minimum of noise and disturbance to the householder between specified hours. Service Provider's employees will pick up any Residential Solid Waste spilled by the Service Provider immediately. All areas where gless has been broken or dropped will be swept clean and glass deposited in the truck. All Solid Waste hauled by the Service Provider shall be so contained, tied, covered, or enclosed such that leaking, spilling, or blowing are prevented. Any materials set out for collection that are not in an approved Container will be left at the curb along with instructional materials educating the customer about the City's residential collection services. The Service Provider will be free to establish routes to achieve the maximum efficiency of operation. The Service Provider will notify the public of the Collection Schedule at the time service is established. Atl route changes must be communicated to both the City and Customers, in writing, ten days in advance of the Bffective Date ‘The Service Provider will maintain City facilities (Dumpsters) and administrative buildings in the same physical condition as before implementing their collection program. REP -March 2021 Solid Waste Calzction Services 14|Page3.2 SUSPENSION OF CURBSIDE COLLECTION Curbside collection service may be suspended due to extreme or declared emergencies. The Service Provider will stop all work when so directed by the City during severe weather. The Service Provider will complete the work as soon as authority has been granted to proceed. If collection is suspended, Service Provider will perform collection on the next regular collection day. Pickup days will not be reduced by Holidays but may be combined. Pickups normally scheduled on Holidays will be rescheduled on the next regulat collection day. Service Provider will advertise, to all customers, a minimum of three (3) times the schedule changes due to Holidays at least 10 days before any observed Holidays. The City must approve any changes in the Collection Schedule. 33. COLLECTION EQUIPMENT Service Provider wil! keep all equipment in safe operating condition and in proper repair, in a clean, sanitary, and presentable condition. Vehicles must be painted uniformly with the name of the Service Provider, the vehicle identification number and Service Provider's telephone number printed on all four sides in fetters not less than 9 inches in height, No advertising will be permitted on vehicles. All vehicles wil! be secure and prevent the leakage of any fluids or littering of materials collected. All vehicles used for the collection of Residential Solid Waste will have a fully enclosed metal top. All loading doors and cab doors will be closed before a vehicle is placed in motion. Vehicles will not be averloaded as to scatter Residential Solid Waste, but ‘when Residential Solid Waste is scattered for any reason, itis the responsibility of the Service Provider to immediately pick up scattered matter. Drivers of vehicles which break hydraulic hoses and leak on City rights-of-way will be required to immediately stop operation, clean up fluid with either a compound or cover area with sand to soak up this leakage and sweep up the soak-filled compound or sand and place in truck. A call for a replacement vehicle or tepair of leaking hydraulic hose will be required before proceeding with the scheduled route. All clean ups must be reported immediately to the Contract Technical Representative. The report will include the address(es) of the area the spilled occurred. Ifan address is not readily available, the Service Provider will, by its vehicle's GPS device, produce an area ID number. When, in the opinion of the Service Provider, the damaged area is cleaned, the Service Provider will contact the Contract Technical Representative who will be responsible for approving that the clean-up was satisfactory and accepted. Vehicles are to be washed and maintained in a clean and sanitary condition, Vehicles are not to interfere unduly with vehicular or pedestrian traffic and vehicles are not to be left standing on Streets and alleys unattended, except as made necessary by loading operations. Service Provider will promptly repair any damage or injury to any City property, road, right of way, bridge, or highway caused by the Service Provider except through normal wear and teat. Such iepair RFP March 2021 Solid Waste Collection Services 15|Pagewill restore the City property, road, right of way, bridge, or highway to a condition at least equal to that, which existed immediately prior to infliction of damage. 3.3.1. Vehicles Used In Collection Al vehicles used for collection shall be registered with the Hinds County Tax Collector, and shall be kept in a clean and sanitary condition and a state of good appearance and repair, and shall be painted in a uniform manner. Collection vehicles shall be painted in Service Provider's color or colors subject to approval by the City, and shall have painted in a contrasting color, at least four inches high, on each side of each vehicle and on the rear of the vehicle, a four-digit vehicle number. Collection trucks shall be numbered consecutively. Collection vehicles must be registered with the City prior to use. No advertising shall be permitted other than the name of the Service Provider. The Service Provider shall place a City-approved sign, which will include a City customer service telephone number, on all collection trucks used for residential collections. Ail vehicles shall be kept in a clean and sanitary condition, and shall be thoroughly washed at least once each week. ‘The number of collection vehicles (including spares) shall be sufficient to service all Residential Units at the frequency of collection specified All vehicles used by management personnel, including route supervisors, shall be equipped with cell phones with voice mail so that they can be contacted by the C: All such vehicles shall be operated in conformity with Mississippi State traffic laws and where applicabie the City of Jackson Code of Ordinances. The Service Provider's primary collection vehicles shall be used only on this Contract. The Service Provider may use collestion vehicles from other sources, or use Contract vehicles for other operations, only with the approval of the City. The Service Provider (and subcontractors) shall not park or store any collection vehicles on City property for more than a two-hour petiod, regardless of the signage, without the permission of the City. All collection equipment used under this Contract shall meet all applicable state and federal safety standards and Service Provider shall obtain all required operating permits. All collection trucks used on this Contract shall meet existing street weight limits in the City. The Service Provider shall not exceed any collection truck weight limit at any time. The Service Provider's monthly report shall include the date, time, truck number, total weight and weight exceeding weight limits for any overweight truck. All collection vehicles shall be equipped with ambient noise back-up alarms, GPS locating units, pack at idle compaction, engine idle time limiter, automatic transmissions, retarders, arm dampeners, larger than industry standard and low-copper compliant brake lining and synthetic or semi-synthetic fluids. RFP -March 2021 Solid Waste Collation Services 16|PagePrimary collection trucks shall be equipped with side guard flaps or tanks to improve pedestrian and bicycle safety, Service Provider shall also provide in its proposal a detailed description of its smart fleet management technology that at a minimum shall provide reporting on service verification, reporting of non- compliant pick-ups, route sequence compliance, and collections per hour per route. The smart fleet ‘management technology shall also provide notice of non-compliant solid waste, including Yard Waste, by photograph or GPS, automatically provided to City to enable the City to monitor collections and non-collections based on non-compliance and to enable City to communicate with Customers about non-compliance. ‘The smart fleet management technology shall also provide a process by which the City may review collection vehicle camera footage to investigate Customer complaints ‘The Service Provider shall purchase and/or lease, and maintain and repair, all vehicles and equipment necessary to maintain its collection services and schedules and to comply with all requirements of this Contract promptly and efficiently. The Service Provider's vehicles and equipment shall be appropriate for, and compatible (in size, weight, and service capability) with, the area(s) where they may be utilized Collection vehicles shatf not leak from the power train or the body of the truck, nor shall they leale from the collection vessel. All collection vehicles shall have waterproof seals and shall be watertight to 4 depth sufficient to prevent the discharge or leaking of accumulated water during loading and transport operations. The collection vehicles shall have solid metal sides and a fully enclosable metal top. Service Provider's vehicles used to collect Roll Off containers shall be equipped with a tarpaulin or a net cover with mesh openings not greater than one and one-haif (14) inches in size, The cover shall be kept in good mechanical order, without holes, The cover shall fully enclose the Service Provider’s load at all times, Prior to use, a tare weight shall be established for all of the Service Provider's collection vehicles. At the City’s discretion, the tare weight of any collection vehicle may be checked at any time, by the City Technical Representative Except for extraordinary circumstances, as determined by the City, all collection vehicles and equipment shall be empty and devoid of all Solid Waste prior to the commencement of daily collection service. 3.3.2 RESERVE VEHICLES AND EQUIPMENT The Service Provider shall have sufficient reserve vehicles and equipment available to complete daily collection routes according to the schedules and hours of collection established in this Contract. The use of reserve vehicles and equipment shalf include, but not be limited to, occasions when front line vehicles and equipment are out of service, or delays prevent front line vehicles and equipment from completing their daily collection route(s) within the established hours of collection. ‘The reserve vehicles and equipment shall be readily available for service within two (2) hours of any breakdown, RFP ~March 2021, Solid Waste Collection Services 17 |PageThe reserve vehicles and equipment shall be similar in size and capacity to the vehicles and equipment they are replacing, 3.3.3. VEHICLE MAINTENANCE AND CONDITION At a minimum, all of the Service Provider's collection vehicles and equipment shall be operated and maintained in compliance with the manufacturer’s specifications, and all applicable laws and regulations, The Service Provider's collection vehicles and equipment shall be kept in good repair and appearance, and in a sanitary, clean condition, at all times. Vehicles shall be washed thoroughly on the outside, and sanitized with a suitable disinfectant and deodorant, minimum of once-per-week (or more frequently if necessary or as requested by the City). The Service Provider shall monitor, maintain and repair its collection vehicles and equipment to prevent fuel and lubricant spills. The Service Provider shall keep its collection vehicles and equipment in good repair and condition to prevent leaks from oil and hydraulic systems, as well as waterproof seals and enclosures. All collection vehicles used within the Contract Area shall identify as a valid hauler for the City and bear signage as a City Service Provider, and any other City messaging required. The City will provide the content, form and format of the vehicle identification, signage, and messaging. The collection vehicle shail not display any vehicle identification, signage or messaging other than that approved by the City. Vehicle serial numbers shall be displayed at all times, in letters at least nine (9) inches high, on all four (4) sides of all collection vehicles. 3.3.4 CITY'S RIGHT TO INSPECT VEHICLES The City may inspect the Service Provider’s vehicles, equipment, licenses, registrations, and Service Provider fleet records at any time at its own discretion. The City reserves the authority to require the Service Provider to immediately remove any eallection vehicle or equipment from service, for reasons deemed by the City including but not limited to, leaking or spilling of fluids and escaping of Solid Waste, The City also may require any collection vehicle or equipment to be washed within one (1) business day of a City request. In such cases, the Service Provider shell immediately notify the City ‘Technical Representative of the remedial action that will be taken to correct the problem, and document in weiting that the corrective action was taken, When the City conducts any inspection, Service Provider staff shall fully cooperate with City staff. The Service Provider shall state names and titles of all Service Provider staff present. At the end of the inspection, Service Provider staff shall sign an inspection report stating that they were present. 3.3.5 STORAGE AND REPAIR ‘The Service Provider shall provide a garage and maintenance facility for its vehicles and equipment that enables all weather, year-round maintenance operations. The Service Provider shall not use City property to store, house, or repair any vehicle or equipment without the written consent of the City ‘Technical Representative. The Service Provider shall not store, house, or repair any vehicle ot equipment in the public right-of-way, RFP -March 2021 Solid Waste Colection Services 18| Page33.6 VEHICLE MAINTENANCE AND INVENTORY The Service Provider shall provide to the City, by October 1, 2021, a complete inventory showing each vehicle (type, capacity) used for performing the Contract. The Service Provider may change equipment from time-to-time but shall notify the City of new or temporary replacements prior to their use on this Contract. The Service Provider shall maintain a vehicular fleet during the performance of this Contract at least equal to that described in the inventory. 3.3.7 CART STANDARDS Carts for Residential Solid Waste curb collection shall be [color to be decided by City prior to time of Contract] 96 gallon Carts, ‘The City shall review and approve the Cart models, including the specific shade of color proposed prior to Cart ordering and delivery by the Contractor. All new Carts shall be equipped with attached lids, have wheels to aid in movement, be a minimum 15% post-consumer recycled content, meet ASTM Cart standards, and have minimum 10-year warranty. Catts will include Contractor-provided, and City-approved, instruction labels or in-molds for with customer instruction on Cart use, excluded and included materials, City logo and contact information Instructions will include Cart safety, including customer actions that would void manufacturer ‘warranties, placement of hot ashes that could cause Cart to melt, and procedures to minimize potential fire problems. ‘The Contractor shall affix the customer's address to each new Cart or Cart replacement prior to delivery. By to be negotiated between City and Contractor, the Contractor will ensure that ll customer Carts currently used for collection of Residential Solid Waste have the customer's readable address affixed to the Cart, If during the term of the Contract, the address fades, or becomes unreadable, the Contractor shall reaffix the customer's address. ‘The collection Carts are and will remain the property of the Service Provider. The Service Provider will replace any lost or damaged Carts without charge to the City or customer, except that a customer known to have willfully removed or damaged a Cart may be charged a fee to repair or replace the damaged Cart not to exceed the actual cost to the Service Provider of the Cart. The charges for replacement of items such as lids and wheels will be part of the Technical Proposal Technical Proposal ‘The Service Provider will collect any such charge Service Provider will be solely responsible for all costs of operating and maintaining collection equipment. 3.4 MISSED COLLECTIONS AND COMPLAINT HANDLING Ifa collection from a subscribing address is missed, the Service Provider will notify the City when they will return to collect the materials. In all cases, the Missed Collection will be handled within 24 hours of notification or during the next scheduled work shift, whichever is sooner. In the case of RFP —March 2021 Solid Waste Collection Services 19|Pagecomplaints regarding collection service or any related activities, the Service Provider will, upon being notified of the complaint either in writing or by phone, resolve the complaint with the Customer or City personnel submitting the complaint, The City of Jackson uses City Works to document all solid waste issues. The Service Provider will receive an email from the City Works system which will provide documentation of the issue, The Service Provides will work cooperatively with the Customer ot City to resolve the complaint in a timely manner The Service Provider will be accessible to the citizens who wish to register a complaint through local telephone service, The Service Provider will provide for prompt handling of complaints from the City or its citizens by maintaining a physical office and office Staff that can receive, record, and resolve complaints. Such Staff will be available during regular business hours, Monday through Friday. After hours, weekends, and Holidays, the Service Provider must make available a local message service to record citizen complaints. The Service Provider will see to it that its employees serve the public in a courteous, helpful, and impartial manner. For each complaint received, the Service Provider is expected to maintain a log for all complaints and file with the City, on a weekly basis, a notice of the complaint and the actual or planned resolution. It shall be submitted monthly to the City's Technical Representative within ten days of the end of the month for which the data has been collected. The report format is to be approved by the City's Contract Technical Representative prior to the award of the Contract. Should the Contractor fail to make collections on a scheduled day for causes within the Contractor's control, the Contractor shall make a special make-up collection by the end of the business day, if notification of the miss is received by 2:00 pm that business day, or by the end of the business day following notification by the City, ifthe notification is received after 2:00 pm. The City will transmit to the Contractor missed collections and other collection complaints no later than the second business day following collection for customers receiving curb/alley service. The City will transmit missed collections for backyard customers no later than the third business day following collection, A make- up collection shall pick up excess material accumulated during the interval between the scheduled collection day and the special make-up collection, Solely for the purposes of this Section, the “business day” for the Contractor includes Saturday. "Business days" for the City are Monday through Friday, excluding any City holidays. Therefore, all miss complaints transmitted to the Contractor after 2:00 pm on Friday must be collected by the end of the day Saturday, ‘Notwithstanding the foregoing, the City may authorize the Contractor to do the following: 1, Authorize the Contractor to defer the collection and authorize the customer to place a proportionally larger amount out for collection on the customer's next scheduled collection day without any additional charge, and to allow the customer to use a bag or temporary receptacles as well as additional bundles for those additional volumes; or RFP —March 2024 Solid Waste Coleoion Services 20|Page2. Authorize the Contractor to forego collection for the interval altogether and make a compensatory reduction in the billing to the customer, and an equal reduction in the amount payable to the Contractor. It shall be a defense to a Residential Unit missed collection that the customer had not made timely placement of his or her material out for collection; that the placement did not comply with provisions of this Contract provided that the Contractor shall have left a printed or written note on all material lef because it was not prepared properly, it was overweight, or for other reasons. The Contractor must notify the City, within 2 hours of the collection attempt, of any Residential Unit collections the Contractor has refused or been unable to make. This notification shall include the service address and the reason of the non-collection. This notification shall be referred to as the Exception List “(EL)”. If the City transmits a miss complaint which is on the EL, and it is a miss which the Contractor should not collect due to the fact that the Cart is overweight or contains material that should not be collected due to Unacceptable Wastes, the Contractor's office personnel shall note on the miss that the address is on the EL and note the reason that it was not collected and return the miss complaint to the City within four (4) business hours of its receipt, and the miss shall not be collected If the Contractor's collection personnel return to collect a miss and the Contractor has reason to refuse the miss consistent with this Section, the Contractor shall leave a printed o written note, explaining why the material was not collected. The Contractor shall also inform tke City by the end of the business day of the addresses that were not collected and the reason for the non-colleetion. This section applies to omitted collections of a single Residential Unit, a row of Residential Units, or an entire route. 3.4.1 Spillage and Litter ‘The Service Provider shall not cause or allow any Solid Waste or other material to be spilted, released, or otherwise dispersed in the City as a result of the Service Providers’ activities under this Contract. ‘When hauling or transporting any material over public roads in the City, the Service Provider shall use a covered or enclosed vehicle or other device that prevents the material fiom falling, blowing, leaking or otherwise escaping from the vehicle. Failure to properly cover material during transportation will be subject to the associated Performance Fee. If any other material escapes from or is littered by Service Providers' vehicle or spilled from Containers for any reason, Service Provider shall respond and pick up such material, as itis safe to do so, as soon as practicable and consistent with applicable environmental laws, or be subject to the associated Performance Fee, Overfilled or material placed outside Containers shall not be considered spiliage by the Service Provider. The Service Provider shall immediately clean up any oil, hydraulic, or other fluid that leaks or spills from Service Providers vehicles, Upon notification of any leaks or spills the Service Provider RFP —-March 2021 Solid Waste Collection Services 21|Pageshall initiate its clean-up activities within two (2) hours and shall complete its clean up before the end of the day and consistent with applicable environmental taws, or be subject to the associated Performance Fee. The Service Provider shall assume all costs associated with cleanup activities. 3.4.2 Performance Fees The City may deduct the following performance fees from the monthly payment for the service delivery omissions ot acts as described below. Deductions for misses will not be applied for collections prevented by weather or holiday rescheduling or collections missed due to labor disruptions during the first week of the disruption, Performance Fees will be reasonably applied and may be appealed using the procedures outlined in the Operations Plan. The individual deductions for Performance Fees will be documented and will be applied with consideration of the specific circumstances and related events as well as the Contractor's overall performance, including the Contractor's efforts to mitigate impacts and maintain service levels during labor disruptions. Performance Requirement Penalty Collection Failure Missed Callection means any properly prepared Refuse, Yard Waste, or Bulk Waste not picked up on the scheduled collection day. This excludes collections prevented by weather and holiday rescheduling.) This excludes non-compliant placements documented by service provider. 11. Missed collection of more than 15 dwelling units per day. $100 each Unit lefined as missing 3 or more houses on the same side of the street | block R Missed collection of whole block. A whole block miss is | $2500 per whole residential | alley between two streets. 3. Missed collection of more than 200 units per month. $2500 per first incident A Missed collections of more than 200 units per month in | $5,000 per first consecutive consecutive months month. Increase by $5,000 for each month consecutively exceeding RFP March 2024 Solid Waste Colston Services 22|PageManner of collection 5. Collection outside of the hours as specified $250 each incident, to a maximum of $1000 per truck per day 6. Collection on other than the scheduled collection day, including early collection due to a holiday. $100 per Residential Unit, toa maximum of $1000 per truck per day 7, Failure to place Containers and lids back in original location $50-per incident business days of notification, including any identified needing repair or replacement. $500 per route per day & Unsatisfactory performance by Contractor after two (2) | $2500 each incident notices to correct specific incidences involving the same address or collector in any six (6) month period, e.g., abusive language to customers, failure to return Containers to their original location after collection, failure to perform collections, violation of noise statutes, or similar violations 9. False collection records submitted to the City $5000 each incident Carts 10, Failure to deliver Carts for new Garbage Residential Solid | $50 per Cart per day Waste service within 3 business days. 11. Failure to deliver, pick-up or replace Carts within 5 | $50 per Cart per day 12, Failure to remove or repaint graffiti on Carts within five (3) business days of notice, $50 per Cart per day (after 5 business days) Contractor Operations 13. Failure to properly cover material in collection or hauling vehicles $500 per occurrence REP March 2024 Solid Waste Collection Services 23| Page14, Failure to correct, upon notification by the City, leakage of | $500 per occurrence fluids from a collection or hauling vehicle prior to resuming use of the vehicle in the City 15, Failure to clean up spillage or litter occurring during | $500 per occurrence collection at time of collection 16, Failure to have a vehicle properly licensed and registered | $500 per vehicle 17, Exceeding vehicle weight limits as set forth in the State of | $1,000 per vehicle per Mississippi Code occurrence 18, Failure to clean collection and hauling vehicles once per | $100 per occurrence week, or within 1 business day of request from the City 19. Failure to report known vehicle accidents to the City $100 per day not notified 20. Failure to maintain property, facilities and equipment in a | $100 per day clean, safe and sanitary manner, as determined by the City 21. Failure to provide proper staffing for a Residential Solid | $1,000 per vehicle per ‘Waste Collection Vehicle (Driver and two (2) hoppers) oceurrence Reporting 22. Failure to provide required reports at the time specified | $500 per report per day 23, Failure to provide ad hoc requested repor’s within the time | $250 per report per day specified 3.8 PAYMENT TO SERVICE PROVIDER ‘The City will be responsible for billing its customers and collecting all payments for collection, transportation and disposal of the materials collected. Invoices submitted to the City will be paid on a monthly basis, reduced by any liquidated damages, according to the terms and conditions of the Agreement resulting from this proposal. 3.6 RATE ADJUSTMENT On Ociober 1, 2022, and annually thereafter, or on the anniversary date of the Contract thereafter, the rates set forth in the Agreement will be increased or decreased based upon a pricing index over the previous 12-month period consisting of the Annual CPI for All Urban Consumers for the South Region. Either party may request an updated to house on or before August 31 of each year of the Contract beginning on August 31, 2022. The party requesting the house count shall be responsible for the cost RFP -March 2021 Solid Waste Collection Services 24| Pageof having a neutral third-party conduct the update to the house count. The City will obtain the contractor for the house count and both parties may have an observer accompany the neutral third- party while performing the house count. Each party shall be provided with a copy of such house count. 3.7 PUBLIC EDUCATION The Service Provider will be expected to provide public education materials about services on a not less than quarterly basis, The educational materials will include, but not be limited to, the Collection Schedule, and specifications for accepting Yard Waste. Public Education and Community Outreach Programs will be developed and implemented in partnership with the City and the Service Provider and other appropriate parties including, but not limited to the local Keep Mississippi Beautiful affiliate. The public education program shall include information on waste reduction, in support of the City, County, and State waste reduction programs and goals. To ensure message consistency, all materials must be pre-approved by City. It is the Service Provider's responsibility to coordinate production and dissemination schedules to allow for reasonable review time by the City as well as for revisions and coordination of messages, as well as meeting City publication deadlines as applicable. The City intends to partner with the successful Service Provider and take reasonable steps to make available to the Service Provider its own means of publicizing citywide public information. 3.8 PERSONNEL, The Service Provider will assign a qualified person or persons to be in charge of its operations within the City and will provide the name, address and telephone numbers of such person to the City. The person in charge of the Service Provider's operations within the City cannot be changed without the written approval of the City's Contract Technical Representative whose approval will not be unreasonably withheld. However, the City retains the right to approve or disapprove of any replacement manager(s) The Service Provider shall staff all its Residential Solid Waste collection vehicles with a driver and two hoppers at all time. Each incident where a vehicle is not properly staffed will result in a Performance Fee payment to the City of $1000.00. 3.8.1 Non-Diserimination ‘The Service Provider shall comply with the applicable non-discrimination provisions of the laws of the United States of America, the State of Mississippi, and the City. In performing this Contract, the Service Provider shall not discriminate in its employment practices against any employee ot applicant for employment because of such person's race, color, religion, national origin, ancestry, sex, sexual orientation, age, disability, domestic partner status, marital status or medical condition, Any subcontract entered into by Service Provider, to the extent allowed hereunder, shall include a like provision for work to be performed under this Contract. Failure of the Service Provider to comply with this requirement or to obtain the compliance of its subcontractors with such obligations shall RFP ~March 2021 Solid Waste Collecéon Services 25|Pagesubject the Service Provider to the imposition of any and all sanctions allowed by law, including but not limited to, termination of Service Provider’s Contract with the City. Nothing contained in this Contract shall be construed in any manner so as to require or permit any act which is prohibited by law. 3.8.2 Equal Employment Practices A. During the performance of this Contract, the Contractor agrees and represents that it will provide jual Employment Practices and the Contractor and each Subcontractor hereunder will ensure that in his ot her Employment Practices persons are employed and employees are treated equally and without regard te, or because of, race, color, religion, national origin, ancestry, sex, sexual orientation, age, disability, marital status or medical condition. 1. This provision applies to work or service performed or materials manufactured or assembled in the United States. 2. Nothing in this section shali require or probibit the establishment of new classifications of employees in any given eraft, work or service category. 3. The Contractor agrees to post a copy of Paragraph A., hereof, in conspicuous places at its place of business available to employees and applicants for employment. B. The Contractor will, in all solicitations or advertisements for employees placed by, or on behalf of, the Contractor, state that all qualified applicants will receive consideration for employment without regard ta their race, color, religion, national origin, ancestry, sex, sexual orientation, age, disability, marital status or medical condition, C. At the request of the governing authorities, the Contractor shall certify in the specified format that he or she has not disctiminated in the performance of City Contracts against any employee or applicant for employment on the basis or because of race, color, religion, national origin, ancestry, sex, sexual orientation, age, disability, matital status or medical condition, D. The Contractor shall permit access to, and may be required to provide certified copies of, all of his or her records pertaining to employment and to employment practices by the governing authorities for the purpose of investigation to ascertain compliance with the Equal Employment Practices provisions of City Contracts. Upon request, the Contractor shall provide evidence that he or she has or will comply therewith. E. The failure of any Contractor to comply with the Equal Employment Practices provisions of this contract may be deemed to be a material breach of City Contracts. The failure shall only be established upon a finding to that effect by the governing authorities, on the basis of its owa investigation or that of the Department Director. No such finding shall be made or penalties assessed except upon a full and fair hearing after notice and an opportunity to be heard has been given to the Contractor. RFP —March 2021 Solid Waste Colecion Services 26|PageF. Upon a finding duly made that the Contractor has failed to comply with the Equal Employment Practices provisions of a City Contract, the Contract may be forthwith cancelled, terminated or suspended, in whole or in part, by the governing authorities, and all monies due or to become due hereunder may be Torwarded to, and retained by, the City. In addition thereto, the failure to comply may be the basis for @ determination by the governing authorities or the Department Director that the said Contractor is a non-responsible bidder or proposer. In the event of such a determination, the Contractor shall be disqualified from being awarded a Contract with the City for a period of two years, or until the Contractor shall establish and carry out a program in conformance with the provisions hereof. G. Notwithstanding any other provision of this contract, the City shall have any and all other remedies at law or in equity for any breach hereof. H. Nothing contained in this Contract shall be construed in any manner so as to require or permit any act which is prohibited by law. 1. By affixing its signature on @ Contract that is subject to this article, the Contractor shall agree to adhere to the Equal Employment Practices specified herein during the performance or conduct of City Contacts J, Equal Employment Practices shall, without limitation as to the subject or nature of employment activity, be concerned with enployment practices, including, but not limited to: 2. apprenticeships where approved programs are functioning and other on-the-job training for non- apprenticeable occupations; 3. training and promotional opportunities; and 4, reasonable accommodations for persons with disabilities, K. All Contractors subject to the provisions of this section shall include a similar provision in all subcontracts awarded for work to be performed tnder the Contract with the City, and shall impose the same obligations including, but not limited to, filing and reporting obligations, on the Subcontractors as are applicable to the Contractor. Failure of the Contractor to comply with this requirement or to obtain the compliance of its Subcontractors with all such obligations shall subject the Contractor to the imposition of any and ail sanctions allowed by law, including, but not limited to, termination of the Contractor's Coviract with the City. RFP March 2024 Solid Waste Collection Services 27|Page3.8.3 Hiring Preference For initial hiring under this Contract, the Contractor and subcontractors shall give hiting preference to any Residential Solid Waste collection woricers who have been displaced from the awarding of this Contract. All displaced collection workers that meet basic hiring requirements (including commercial driver license, safe vehicle report, drug screening, physical exam, and background check) shall be hired for a minimum ninety (90) day trial period 384 OSHA Compliance The Contractor agrees to comply with conditions of the Federal Occupational Safety and Health Acts of 1970 (OSHA), as may be amended, and the standards and regulations issued there under and certifies that all services under this Contract will conform to and comply with said standards and regulations. Contractor further agrees to indemnify and hold harmless purchaser fiom all damages assessed against the City as a result of the Contractor’s failure to comply with the acts and standards there under and for the failure of the services furnished under this Contract to so comply. 3.8.5 Mississippi Employment Protection Act Service Provider shall comply with the provisions of the Mississippi Employment Protection Act, Miss. Code § 71-11-3 (1972, as amended) in the hiring of personnel. 3.9 REQUIRED SERVICES Alll Residential Solid Waste collected shall be delivered to a permitted solid waste disposal facility operating in compliance with applicable federal, state, and local laws. Unless otherwise directed by the City, the Service Provider shall deliver all Residential Solid Waste collected to the Waste Management of Mississippi, Inc. transfer station located in the City of Jackson or the Clearview Sanitary Landfill located in Scott County, Mississippi, which is owned by Waste Management of Mississippi, Inc. The Service Provider shall perform the work as outlined in this REP in a competent, qualified, diligent and efficient manner. The pickup and renioval of Hazardous Waste is not included in the Services. 3.9.1 Reporting Before disposal, all Residential Solid Waste collected from Residential Units in the City will be weighed and recorded. The Service Provider will provide the City with a monthly tonnage report that is to be delivered to the City’s designated representative within ten days of the end of the month for which the data was collected. The Service Provider will maintain, for a period of five (5) years, copies of weight tickets which are to be made available for City inspection, ‘The Service Provider shall be responsible for maintaining and submitting reports on an ad hoc, daily, monthly, and aanual basis. Reports are to be delivered by email to the designated staff person using the approved form. RFP ~March 2021 Solid Waste Collection Services 28 | Page3.9.2 Required Daily Reports Daily reports must be submitted within two (2) business days of service collection days. Format of reports and file type to be agreed upon by designated staff. ‘The following daily reports are required: * Missed Pickup Report — Includes are missed pickups reported to Service Provider and those reported to Service Provider by city. Must include location information, route, and driver. + Non-Compliant Pile Report — Includes documentation of non-compliant piles Service Provider identified by route, Must include location information, route, and access to photo/video evidence. «Route Sequence Compliance Report —Documents the daily route plan compared to actual route driven based on GPS. Should include start and stop times for pickup. 3.9.2.1 Monthly Reports Monthly reports must be submitted to the City by the fifteenth (1th) day of the month following the end of the previous calendar month, Format of reports and file type to be agreed upon by designated staff, The following monthly reports ate required: ‘* Complaint and Resolution Report — Includes all complaints received by Service Provider from customers or the city and their resolution status. Must include location information, route, resolution type, reporting entity, date, time, and any documentation disputing the complaint if applicable. ‘+ Missed Pickup Report - Compile daily missed pickup reports into monthly report. * Safety Report ~ Total Recordable Injury Rate and Vehicle Accident Rate © Staffing Report - Staff roster including tenure and status as full-time/part-time. Report should identify if employee is temporary/staffing agency placement or full-time employe '* Monthly Tonnage Report — Should include tonnage summary for month, daily tonnage per truck, and disposal site weight tickets 3: 2.2 Annual Report ‘The Annual Report should consolidate all Daily and Monthly reporting into summary reports for the year. Each subsequent year should be compared to the current year after the initial contract yeat Service Provider should also include highlights, problems, and additional information that demonstrates service quality. The obligation to submit an annual report shall survive the termination RFP —March 2024 Solid Waste Collection Services 29|Pageor expiration of the Contract. The City may withhold payment at balances due the Service Provider at the end of the Contract until such final report is received and accepted by the City. The annual report should be submitted to the City no later than thirty (30) days following every twelve (12) month period of the Contract and shall include a compilation of the monthly reports for the associated year 3 3. Ad Hoc Reports ‘Ad Hoc Reports should be submitted to the City upon request. The reporting period shall be defined at the time of the request, Ad Hoe reports can be requested on vehicle condition, vehicle status, labor, operations, and any area identified as part of this contract. 3.9.2.4 Vehicle Footage The Service Provide shall set up a process by which the City may review collection vehicle camera footage to investigate complaints. These will be treated as a reporting function, Process and timeline to be agreed upon by city and Service Provider 3.9.3 Regular § srvice Provision The Service Provider will be required to pick up twice-weekly, all Residential Solid Waste generated at the Residential Unit, provided same is placed in the approved collection Container 3.9.4 Bulk Waste The Service Provider must provide once-weekly curbside collection of Bulk Waste items. 3.9.5 Collection of Yard Waste The Service Provider will be required to pick up all Yard Waste generated by Customer from the curb, provided the materials are set out according to the City's Solid Waste Management Ordinance, attached herein, The Service Provider will collect Yard Waste from each Residential Unit weekly, on the second collection day. The Service Provider will notify the public of the Collection Schedule at the time service is established. Yard Waste may be disposed with the Residential Solid Waste or kept separate from Residential Solid Waste by Customers All vehicles used for collection of Yard Waste will be either covered ot secured so as to prevent trimmings from being scattered or spilled. All Yard Waste collected must be managed according to city approved standards. The Service Provider shall collect all Yard Waste such as tree limbs not larger than four inches in diameter nor longer than four (4) feet. Customers will be required to stack limbs in piles not to exceed three (3) feet in height and four (4) feet in width. Service Provider will not be required to collect Tree trunks larger than four (4) inches in diameter The Service Provider will be responsible for properly disposing of all Yard Waste collection bags at RFP -March 2021 Solid Waste Colleeéon Services 30|Pageno additional cost to the City. Each bag or Container placed out for collection may weigh no more that sixty (60) pounds. In the event Yard Waste set out at a Residential Unit in the Contract Area does not meet the specifications above, the Service Provider shall leave a clear, explanatory printed ar written notice for the Customer and provide City with notice of the non-compliant set-out within eight (8) working hours. 3.9.6 Special Solid Waste Collection Projects The City wishes to sponsor community cleanup and illegal dumping removal events. The Service Provider will be responsible for providing collection assistance, collection containers, and disposal services for the following: ‘© Monthly litter pickups and illegal dumping removal (collection assistance with bags and bulk items along City reads and disposal services, + Fall Cleanup Event (one 40 yd. container and disposal services). + Christmas Tree Recycling Campaign + Spring Cleanup (two 40-yd. containers and disposal services). ‘© Monthly Dumpster Day event (one 40 yd. container for each ward) schedules and sites are to be determined by the City's designee. 3.10 OTHER TERMS AND CONDITIONS 3.10.1 Operations Plan A schedule of activities and detailed procedures related to the effective implementation and operation of the Contract will be developed by the Contractor and the City after the Contract is signed and prior to beginning collections under the Contract. This plan shall include the procedures and activities listed below and shall include completion dates for each activity 1. Procedures for notifying customers of new collection days; 2. Procedures for transmitting collection and billing information to and from the City to the Contractor; 3, Procedures for City monitoring of Contractor collection activities; 4, Procedures for measuring and applying penalties for Contractor activities; 5, Process for customer appeals to services; 6. Process for Contractor appeals of payments; 7, Protocol and communications for service interruptions due to weather, construction and other factors; REP -March 2021 Solid Waste Coleeton Services 31] Page8. Standards for the transfer of electronic information and for data quality control and accuracy; 9. Designation of implementation leads by both City and Contractor; 10. Procedures for orientation of collection staff including route coordination/cooperation with City staff, 3.10.2 Security; Liability; Damages 3.10.2.1 Performance Bond The Contractor shall provide and maintain at all times a valid Contractor's Performance and Payment Bond ("Bond") for thirty percent (30%) of the estimated annual compensation to the Contractor under the Contract. The Bond shall be issued for a period of not less than one year and the Contractor shall provide a new bond, or evidence satisfactory to the City of the renewability of the current bond at least 90 calendar days before it expires, The initial Bond must be in place prior to or before October 1, 2021. The Bond shall be conditioned upon full performance of all obligations imposed upon the Contractor in this Contract. The Bond shall be subject to approval by the City Attorney as to the company, form and sufficiency of surety. Ifthe instrument is found by the City Attorney to be flawed, the Contractor must correct the flaw promptly prior to contract execution or the award may be terminated. The Bond must be executed by a company that is included in the U. 8. Department of the Treasury's Listing of Approved Sureties (Circular 570), is included on the Mississippi State Insurance Commissioner's Authorized Insurance Company List, and is acceptable to the City. The Bond shall be in full force effect and shall be the obligation of the surety unless the Contractor shall faithfully perform all of the provisions of this Contract and pay all laborers, mechanics, subcontractors, material men and all persons who shall supply such Contractor or subcontractors with provisions and supplies for the performance of this Contract. The Bond shall contain appropriate recitations that itis issued pursuant to this Section of this Contract, that it shall be construed to meet all requirements specified herein and tat any condition or limitation in the Bond which conflicts with the conditions and requirements of this Section is void. Failure of the Contractor to furrish and maintain the Bond shall be considered a material default of this Contract and grounds of its immediate termination at the option of the City. 3.10.2.2 Default of Contractor This Section is independent, notwithstanding any other provisions of this Contract. Except as provided in the last paragraph of this Section, the Contractor may be held in default of the Contract in the event the Contractor: RFP —March 2021 Solid Waste Collection Services 32|Page1. Fails to perform ninety percent (90%) the collections required by this Contract and appears, to the City, to have abandoned the work, or to be unable to resume collections within forty-eight hours; 2. Has failed on three or more occasions of three (3) workiag days duration each, in any year, or fifteen (15) days in a calendar year to perform the collections required by the Contract; except for service disruptions due to weather; 3. Under pays federal minimum: wage; 4, Fails to comply with the terms of any of the Employee Sections of the Contract; 5. Fails to furnish and maintain a Performance and Payment Bond; 6, Fails to furnish and maintain the Insurance requirements; ot 7, Repeatedly neglects, fails, or refuses to comply with any of the terms of the Contract, after having received notice of its obligation to do so. To initiate proceedings under this Section, the City shall give notice ¢o the Contractor and its surety of the location, time, and date within the following seven (7) calendar days of a meeting with the Director of the Department of Public Works at which time the Contractor will be given the opportunity to correct the deficiency within fourteen (14) days or less and to show cause why it should not be declared in default or why it should be given the opportunity to cure said default, In the event the Contractor fails to show, to the reasonable satisfaction of the Director of the Department of Public Works, why the Contractor should not be declared to be in default of this Contract, the Director may recommend to the governing authorities of the City that they make a declaration of default. In evaluating whether to make such 2 recommendation of a declaration of default, the Director shall, in their discretion, consider the severity of the alleged violations, and the overall performance of the Contractor under the Contract. In declaring the Contractor to have defaulted on the Contract, the governing authorities also may order the Contractor to discontinue further performance of work under the Contract and transfer the Obligation to perform such work from the Contractor to the surety on the Contractor's performance Bond and take any other action it deems advisable. Upon receipt of a notice that the work has been transferred to the surety without termination of the Contract, the surety shall take possession of all materials and equipment described in the most recent inventory submitted to the City, for the purpose of completing the work under the Contract; employ, by contract or otherwise, any person and all persons needed to perform the work; and provide materials and equipment required therefore. Such employment shall not relieve the surety ofits obligations under the Contract and the bond. If there is a transfer to the surety, payments shall be made to the surety or its agent for all work performed under the Contract subsequent to such transfer, in amounts equal to those that would have been made to the Contractor had it performed in the manner and to the extent of the surety's performance, and the Contractor shall have no claim upon the same. In the event the surety on the Contractor's performance Bond fails to assume or continue performances within forty-eight (48) hours after its receipt of notice that the work has been transferred to stich surety, RFP March 2024 Solid Waste Collection Services 33|Pagethe Contractor shall lease, sublease or otherwise license the City to use all, or whatever portion is desired by the City, of the materials and equipment descrihed on the most recent inventory submitted to the City, for collection purposes for a period of up to six months following the date of the declaration of default by the City without requiring the City to execute any other document whatsoever to accomplish such lease, sublease, oF license and without requiring the City to post any bond, pledge, deposit or other security for such equipment and materials, but upon the condition that the City pay for the equipment and materials actually used for such collection a market rental that is no greater than (i) the monthly lease, in the event such property is leased by the Contractor, (ii) the periodic installment, in the event such property is being acquired under a parchase contract, (iii) the periodic financing interest and principal, in the event such property is being acquired under a purchase contract, ot (iv) the periodic interest and principal, in the event such property is being acquired under a financing arrangement; provided, that under no circumstances shall the City be liable during its use of such property for any arrearages, balloon payment, accrued interest, accelerated charges in the event of a default, or other extraordinary payment; nor shall the satisfaction thereof be a condition of the City's interim use of such property; provided, further, that such lease, sub-lease, or license shall be suspended the date the surety on the Contractor's bond or its agent accepts the transfer of work under the Contract. In the event the City secures the performance of work under the Contract at a lesser cost than would have been payable to the Contractor had the Contractor performed the sane, then the City shall retain such difference; but in the event such cost to the City is greater, the Contractor and its surety shall be liable for and pay the amount of such excess to the City. All payments due the Contractor at the time of default, less amounts due the City from the Contractor, shall be applied by the City against damages suffered and expense incurred by the City by reason of such default, any excess shall be paid to the Contractor uniess otherwise provided herein. Notwithstanding the provisions of this Section, a delay or interruption in the performance of ali ox any part of the Contract resulting from causes beyond the Contractor's control shall not be deemed to be @ default and the rights and remedies of the City provided for herein shall be inapplicable; provided that labor disputes shall not be considered a cause beyond the Contractor's control. 3.10.3 Ownership of Equipment Alll vehicles, facilities, equipment, and property used in the performance of this Contract shall be wholly owned by the Contractor; provided, that leases, conditional sale contracts, mortgages, or other agreements for the use or financing the purchase of vehicles, facilities, equipment and property may be allowed with the prior written approval of the City. All such leases, conditional sale contracts, mortgages, or other agreements shall provide that in the event of the Contractor's failure to perform its obligations under this Contract, the City, at its option, shail have the right to take possession of and operate vehicles, facilities, equipment, and property covered by such lease or agreement for the unexpired term of this Contract, No further encumbrance shall be piaced upon any such vehicles, facilities, or equipment without the prior written approval of the City, RFP March 2021 Solid Waste Collection Services 3a Page3a 3.1, Commitment of Equipment Unless a replacement or substitute is provided, all vehicles, facilities, equipment and property identified in the Contractor's inventory for use in the performance of this Contract (called "such property") shall be available for use in collecting Residential Solid Waste in the Contract Area. When provided, this Section applies to the replacement and substitute, For the duration of this Contract, any document (including a lease to or by the Contractor, financing contract, acquisition over time, mortgage, or other instrument establishing a security interest) that encumbers or limits the Contractor's interest in such property shall: 1. Allow the surety on the Contractor's performance bond to take over the Contractor's obligations and to continue the use of the equipment in service for performance of the Contract; 2. In event the Contractor is in default, allow the City to use without further documentation all or a portion of such property and without requiring the City to post any bond, pledge, deposit or other security for such equipment and materials, at the ity’s discretion, for a period of up to six months following the date of the City’s declaration of default, to provide such collection services on the condition that the City pays to the City’s lessor a market rental for the equipment or property actually used in an amount no greater than the monthly lease in event of a lease, the installment payment in event of a purchase contract, or the monthly interest and principal in event of a financing arrangement; 3. Exempt the City from liability during its usage of such property for arrearages, balloon payments, accrued interest, accelerated charges on account of a default, or other extraordinary payments, and not make satisfaction thereof a condition of the City's or the Substitute Contractor's interim usage; and 4, Forbid any foreclosure, trustee's sale or other dispossession of the Contractor's interest in such property without giving both the City and the Surety on the Contractor's performance bond sixty days! prior notice, and then make any termination of the Contractor's interest in such property pursuant to such action or the enforcement thereof subject to the requirements of subsections (1), 2) and (3) of this Section, To assure compliance with this Section, the Contractor shall submit to the City for its review and approval or disapproval prior to execution all contracts, leases, or other documents for acquisition of, cor encumbering or limiting the Contractor's interest in, such property or for replacements thereof and any proposed agreement that would encumber or transfer any interest of the Contactor in such property before the Contractor's execution of such agreement. The City's approval shall not be unreasonably withheld 3.10.4 Insurance Limits Atall times during the term of this Agreement, the Contractor shall maintain in force the following minimum levels of coverage and limits of liability for insurance or self-insurance (“Insurance”) RFP —March 2021 Solid Waste Collation Services 35| Page1, COMMERCIAL GENERAL LIABILITY (CGL) Insurance including coverage for: + Premises/Operations + Products/Completed Operations + Pollution — On-Site and Off-Site (Pollution Liability Insurance minimum limits of liability may be evidenced with separate coverage) + Personal/Advertising Injury * Contractual + Independent Contractors + Stop Gap/Employers Liability Such Insurance must provide the following minimum limits of liability $1,000,000 each occurence Combined Single Limit bodily injury and property damage (CSL) $2,000,000 Products/completed operations aggregate $2,000,000 General aggregate $1,000,000 each accident/disease/policy limit 2. BUSINESS AUTOMOBILE LIABILITY INSURANCE for owned, non-owned, hired, and leased vehicles, as applicable, written on a form CA 00 O1 or equivalent, Such insurance must provide a minimum limit of liability of $1,000,000 CSL. 3. WORKERS’ COMPENSATION INSURANCE as required by the laws of the state of Mississippi. 4, UMBRELLA/EXCESS/BUMBERSHOOT LIABILITY INSURANCE over CGL and automobile liability minimum limit shall be $5,000,000 CSL ($6,000,000 total limits requirement) The limits of liability specified above may be satisfied with primary limits of liability or any combination of primary limits and excess/umbrella limits. 3.0.4.1 Insurance Terms and Conditions 1. City of Jackson as Additional Insured: The CGL, Auto, and excess/umbrella insurance shall include “the City of Jackson” as an additional insured for primary and non-contributory limits of liability. 2. No Limitation of Liability: Insurance coverage and limits of liability as specified herein are minimum coverage and limit of liability requirements only; they shall not be construed to limit the RFP -March 2021 Solid Waste Collaction Services 36| Pageliability of the Contractor or any insurer for any claim that is required to be covered hereunder to less, than the applicable limits of liability stated in the declarations. Moreover, the City shall be an additional insured, where additional insured status is required, for the full available limits of liability maintained by vencior, whether those limits are primary, excess, contingent or otherwise. The Contractor expressly unsferstands and agrees that this provision shall override any limitation of liability or similar provision in any agreement or statement of work between the City and the Contractor. 3. Required Separation of Insured Provision; Cross-Lisbility Exclusion and other Endorsements Prohibited: The Contractor’s insurance policy shall include a “separation of insureds” or “severability” clause that applies coverage separately to each insured and additional insured, except with respect to the limits of the insurer’s liability. The Contractor's insurance policy shall not contain any provision, exclusion or endorsement that limits, bars, or effectively precludes the City of Jackson from coverage or asserting a claim under the Contractor’s insurance policy on the basis that the coverage or claim is brought by an insured or additional insured against an insured or additional insured under the policy. ‘The Contractor’s CGL policy shall NOT include any of the following Endorsements (or their equivalent endorsement ar exclusions): (a) Contractual Liability Limitation, (CGL Form 2 39 or equivalent), b) Amendment Of Insured Contract Definition, (CGL Form 24 26 or equivalent), (c) Limitation of Coverage to Designated Premises or Project, (CGL Form 21 44 or equivalent), (4) any endorsement modifying or deleting the exception to the Employer’s Liability exclusion, (e) any “Insured vs. Insured” or “cross-liability” exclusion, and (f) any type of punitive, exemplary or multiplied damages exclusion. The Contractor’s failure to comply with any of the requisite insurance provisions shall be 2 material breach of, and grounds for, the immediate termination of the Contract with the City of Jackson; or if applicable, and at the discretion of the City, shall serve as grounds for the City to procure insurance coverage with any related costs of premiums to be repaid by the Contractor or reduced and/or offset against the Contract. 4, Claims Made Form: If any policy is written on a claims made form, the retroactive date shall be prior to or coincident with the effective date of this Contract. Claims made coverage shall be maintained by the Contractor for a minimum of three (3) years following the expiration or earlier termination of this contract, and the Contractor shall provide the City with evidence of insurance for each annual renewal. If renewal of the claims made form of coverage becomes unavailable or economically prohibitive, the Contractor shall purchase an extended reporting period (“tail”) or execute another form of guarantee acceptable to the City to assure financial responsibility for lability assumed under the contract. 5. Deductibles and Self-Insured Retentions: Any self-insurance retention or deductible in excess of $ 25,000 that is not “fronted” by an insurer and for which claims the vendor or its third-party administrator is directly responsible for defending and indemnifying must be disclosed on the certificate of liability insurance. The Contractor agrees to defend and indemnify the City under its self insured or deductible layer and upon City’s request advise the full delivery address of the individual or department to whom a tender of a claim should be directed. 6, Notice of Cancellation: The City, as a certificate holder for the insurance requirements specified herein and an additional insured, has an interest in any loss which may occur; written notice of cancellation shall be actually delivered or mailed to the City not less than 30 days prior to cancellation (10 days as respects non-payment of premium). As respects surplus lines placements, written notice of REP —March 2021 Solid Waste Colecion Services 37|Pagecancellation shall be delivered not less than 30 days prior to cancellation (10 days as respects non- payment of premium). 7. Qualification of Insurers: Insurers shall maintain A.M. Best’s ratings of A- VIT unless procured as a surplus lines placement, or as may otherwise be approved by the City. 8. Changes in Insurance Requirements: The City shall have the right to periodically review the adequacy of coverages and/or limits of liability in view of inflation and/or a change in loss exposures and shall have the right to require an increase in such coverages and/or limits upon ninety (90) days prior written notice to the Contractor. Should the Contractor, despite its best efforts, be unable to maintain any required insurance coverage or \imit of liability due to deteriorating insurance market conditions, it may upon thirty (30) days prior written notice request a waiver of any insurance requirement, which request shall not be unreasonably denied. 9. Evidence of Insurance: The Contractor must provide the following evidence of insurance: a) A cettificate of liability insurance evidencing coverages, limits of liability and other terms and conditions as specified herein; b) An attached City of Jackson designated additional insured endorsement or blanket additional insured wording to the CGL/MGL (and if required Pollution Liability insurance policy) c) A copy of all other amendatory policy endorsements or exclusions of the Contractor’s insurance CGL/MGL policy that evidences the coverage required. In the event that the City tenders a claim or lawsuit for defense and indemnity invoking additional insured status, and the insurer either denies the tender or issues a reservation of rights letter, the Contractor shall also cause a complete copy of the requested policy to be timely furnished to the City, 3.10.5 Indemnity To the extent permitted by law, the Contractor shall protect, defend, indemnify and hold the City harmless from and against all claims, demands, damages, costs, actions and causes of actions, liabilities, fines, penalties, judgments, expenses and attomey fees, resulting from the injury or death of any person or the damage to or destruction of property, or the infringement of any patent, copyright, or trademark, or trade secret arising out of the work performed or goods provided under this Contract, or the Contractor’s violation of any law, ordinance or regulation, contract provision or term, or condition of regulatory authorization or permit, except for damages resulting from the sole negligence of the City. 3.10.6 Assignment Or Pledge Of Moneys By The Contractor The Contractor shall not assign or pledge any of the monies due under this Contract without securing the written approval of the surety on the performance bond and providing at least thirty (30) calendar days! prior notice to the City of such assignments or pledge together with a copy of the surety's approval RFP ~March 2021 Solid Waste Collection Services 38| Pagethereof. Such assignment or pledge, however, shall not release the Contractor or its sureties from any obligations or liabilities arising under or because of this Contract. 3.10.7 Assignment; Subcontracting; Delegation of Duties Except for the subcontracting identified in the Contractor's proposal, the Contractor shall not assign or subcontract or transfer any of the work or delegate any of its duties under the Contract without the prior written approval of the City, which approval may be granted or withheld in the City’s sole discretion. Any subcontract made by Contractor shall incorporate by reference all the terms of this Contract. Contractor shall ensure that all subcontractors comply with the obligations and requirements of the subcontract. ‘The City’s consent to any assignment or subcontract shall not release the Contractor from liability under this Contract, or from any obligation to be performed under this Contract, whether occurring before or after such consent, assignment, or subcontract. In the event of an assignment, subcontract or delegation of duties, the Contractor shall remain responsible for the full and faithful performance of this Contract and the assignee, subcontractor, other obligor shall also become responsible to the City for the satisfactory performance of the work assumed, The City may condition its approval upon the delivery by the assignee, subcontractor or other obligor of its covenant to the City to fully and faithfully complete the work or sesponsibility undertaken. 3.10.8 Audit ‘The Contractor shall maintain in its office in the City of Fackson full and complete accounting records, prepared in accordance with generally accepted accounting principles, reflecting the Contractor’s work on this Contract. The City may require an audit of such books and records at any reasonable time, Such audit will be conducted by City staff or by a certified public accounting firm with experience in auditing public service companies selected by the City. Upon request, the Contractor shall permit the City to inspect and audit all pertinent books and records of the Contractor, any subcontractor, or any other person or entity that performed work in connection with or related to this Contract, at any and all times deemed necessary by the City, including up to six years after the final payment or release of withheld amounts has been made under this Contract. Such inspection and audit shal! occur in the City of Jackson or other such reasonable location as the City selects. The Contractor shall supply the City with, or shall permit the City to make, a copy of any books and records and any portion thereof. The Contractor shall ensure that such inspection, audit and copying right of the City is a condition of any subcontract, agreement or other arrangement under which any other person or entity is permitted to perform work under this Contract. 3.10.9 Contract Rights The patties reserve the tight to amend this Contract from time to time by mutual agreement in writing, Rights under this Contract are cumulative, and in addition to rights existing at common law. Payment by the City and performance by the Contractor do not waive their contract rights. RFP March 2021 Solid Waste Collection Services 39| PageFailure by either party on any occasion to exercise a contract right shall not forfeit or waive the right to exercise the right on another occasion, The use of one remedy does not exclude or waive the right to use another 3.10.10 Interpretation ‘This Contract shall be interpreted as a whole and to carry out its purposes. This Contract is an integrated document and contains all the promises of the parties; no earlier oral understandings modify its provisions, Captions are for convenient reference only. A caption does not limit the scope or add commentary to the text. In the event of conflict between contract documents and applicable laws, codes, ordinances or regulations, the most stringent or legally binding requirement shall govern and be considered a part of this contract to afford the City the maximum benefits. 3.10.11 Laws Venue The laws of the State of Mississippi and Ordinances of the City shall govern the validity, construction and effect of this Contract, The venue for any claims, litigation, or causes of action between the parties shall be in a court of appropriate jurisdiction of the State of Mississippi for the First Judicial District of Hinds County. 3.10.12 Notices All official notices or approvals shall be in writing. Unless otherwise directed, notices shall be delivered by messenger or by certified or registered mail (return receipt requested) to the parties at the following respective addresses: To the City: To the Contractor: City of Jackson Attn: Mayor 219 South President Strect Jackson, Mississippi 39201 Phone: (601) 960-1084 Also: Department of Public Works Attn: Director 200 South President Street Jackson, Mississippi 39201 Phone: (601) 960-2091 Either party may from time to time designate a new address for notices, Unless a return receipt or other document establishes otherwise, a notice sent by U.S. Mail shall be presumed to be received the second business day after its mailing, RFP March 2021 Solid Waste Collection Services 40| Page3.10.13 Severability Should any term, provision, condition, or other portion of this Contract or its application be held to be inoperative, invalid or unenforceable, and the remainder of the Contract still fulfills its purposes, the remainder of this Contract or its application in other circumstances shall not be affected thereby and shall continue in force and effect. 3.10.14 No Personal Liability No officer, agent or authorized employee of the City shall be personally responsible for any liability arising under this Contract, whether expressed or implied, nor for any statement or representation made herein or in any connection with this Contract. 3.10.15 Disputes The City and Contractor shall maintain business continuity to the extent practical while pursuing disputes. Any dispute or misunderstanding that may arise under this Contract concerning Contractor's performiance shall first be resolved, if mutually agreed to be appropriate, through negotiations between the parties’ Contract representatives as listed “Notices,” or if mutually ageeed, referred to the City’s named representative and the Contractor's senior executive(s). Either party may decline or discontinue such discussions and may then pursue other means to resolve such disputes or may by mutual agreement pursue other dispute alternatives such as alternate dispute resolution processes. Nothing in this dispute process shall in any way mitigate the rights, ifany, of either party fo terminate the contract in accordance with the termination provisions herein Notwithstanding above, if the City believes in good faith that some portion of work has not been completed satisfactorily, The City may require Contractor to correct such work prior to the City payment, In such event, the City must clearly and reasonably provide to Contractor an explanation of the concern and the remedy that the City expects. The City may withhold from any payment thet is otherwise due, an amount that the City in good faith finds to be under dispute, or if the Contractor does not provide a sufficient remedy, City may retain the amount equal to the cost to the City for otherwise correcting or remedying the work not properly completed, 10.16 Termination Notwithstanding any other provisions of this Contract, the City may terminate this Contract upon a ‘material default under or breach of this Contract by the Contractor, provided the Contractor has been provided written notice of the default by the City, and kas been afforded thirty (30) day period to cure such default and has failed to do so, or if the defeult cannot reasonably be cured within such period, has failed to commence to cure such default & the reasonable satisfaction of the City, In the event that the governing authorities do not provide funding for this Contract during any fiscal year after Fiscal Year 2021, which begins on October 1, 2021, this Contract shall immediately terminate on the later of September 30 of the end of the fiscal or thirty (30) days after the City provides notice to the Contractor of its intent not to provide further funding of the Contract. 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