(a) "Bags" mean plastic stacks designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by top. Total weight of a bag and its contents shall not exceed forty (40) pounds.
(b) "Bid" means a price submitted to the City in response to the Invitation to Bid for Residential Solid Waste Collection, Disposal and Recycling Services as described in the Bid Documents.
(c) "Bid Bond" means a bond insuring the City and is issued to guarantee that if the Bid is accepted, a Contract for Residential Solid Waste Collection, Disposal and Recycling Services will be entered into by the Bidder with the City.
(d) "Bidder" means a person, partnership, joint venture or corporation submitting a Bid to the City in response to the Invitation to Bid to provide Residential Solid Waste Collection, Disposal and Recycling Services.
(e) "Bid Documents" means the documents prepared and furnished by the City. Bidders are to use the Bid Documents in the submission of all Bids. Bid Documents include: Legal Notice to Bidders, Instructions to Bidders, Bid Forms, Form of Contract and all attachments and Exhibits thereto.
(f) "Bid Form(s)" means the forms provided by the City in the Bid Documents on which all Bids must be submitted.
(g) "Bulky Waste" means any Solid Waste that is either, by weight or by volume, too large to be contained in a residential waste container and includes white goods, furniture, mattresses and other household items and appliances (i.e. stoves, water tanks, washing machines, refrigerators, etc).
(h) "Bundled" means tree, shrub, grass, branches, brush trimmings, yard waste securely or newspaper and magazines securely tied together forming an easily handled package not exceeding four (4) feet in length or forty-five (45) pounds in weight.
(i) "City" and "City Hall" means the City of Port Clinton, Ohio located at 1868 E. Perry Street, Port Clinton, Ohio 43452.
(j) "Collection Vehicles" mean those vehicles used by the Contractor to collect Solid Waste and Recyclable Materials.
(k) "Commencement Date" means the first day of the first week during which the Solid Waste Collection, Disposal and Recycling Services shall commence.
(l) "Commercial and/or Industrial Waste" means all garbage, refuse, rubbish, or solid waste of any kind generated in any business, commercial or industrial setting.
(m) "Construction Debris" means waste building material resulting from construction, remodeling, repair or demolition operations.
(n) "Container" means a receptacle with a capacity of greater than 20 gallons but less than 35 gallons constructed of plastic, metal, fiberglass, having handles of adequate strength for lifting and having a tight fitting lid capable of preventing entrance into the container by vector insects. The mouth of a container shall have a diameter greater than or equal to that of the base. The weight of a container and its contents shall not exceed sixty (60) pounds.
(o) "Container for Garbage, Rubbish & Yard Waste Collection" A receptacle with the capacities designated on the exhibits hereto that is designed for the purpose of curbside collection of Garbage, Rubbish and Yard Waste and is constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting, and having a tight fitting lid. The mouth of a container shall have a diameter greater than equal to that of the base. The weight of a container and its contents shall not exceed 35 lbs. If contract is for "cart limited" material, only the amount of "non-excluded" waste being placed inside the container with the lid closed and maximum weight is 100#. Additional carts can be rented on a month to month basis.
(p) "Container for Recycling" A receptacle with the capacities designated on the exhibits hereto that is designed for the purpose of curbside collection of Recyclable Materials and is constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting, and having a tight fitting lid. The mouth of a container shall have a diameter greater than equal to that of the base. The weight of a container and its contents shall not exceed 100 tbs.
(q) "Container Services" means the provision by the Contractor of rear or front load, roll-off containers and carts for the collection of Solid Waste and Recyclables at various municipal facilities and the regularly scheduled emptying of the containers as indicated in the Invitation to Bid.
(r) "Contract or Form of Contract" means the agreement for Residential Solid Waste Collection, Disposal and Recycling Services entered into by and between the Successful Bidder and the City.
(s) "Contractor" means the individual or entity selected as the Successful Bidder and executes the Contract to provide the Residential Solid Waste Collection, Disposal and Recycling Services.
(t) "Curb" and "Curbside" means that portion of the right-of-way adjacent to paved or traveled roadways, including the end of a driveway, curb line or alley line.
(u) "Dead Animals" mean animals or portions thereof that have expired from any cause, except those slaughtered or killed for human use.
(v) "Disposal Site" means a refuse depository designated by Contractor, including but not limited to sanitary landfill, transfer stations, incinerators and waste processing/separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive for processing or final disposal of Waste Material refuse and dead animals.
(w) "Fuel Price Adjustment" means an increase or decrease, based on the procedure specified in the Contract, in the cost of collecting Solid Waste and Recyclables and transporting those materials to a Solid Waste Transfer Station, Landfill, or Material Recovery Facility.
(x) "Garbage" means any and all dead animals, except those slaughtered for human consumption; every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packaging, canning, storage, transportation, decay or decomposition of meats, fish fowl, birds, fruits, grains or other animal vegetable matter (including, but not by way of limitation, used tin cans and other food containers; and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents); except (in all cases) any matter included in the definition of "bulky waste," "construction debris," "dead animals," "hazardous waste," "rubbish" and "stable matter."
(y) "Governmental Fees" means all federal, state and local fees, taxes and assessments upon the transfer and disposal of Solid Waste in the State of Ohio.
(z) "Hazardous/Exempt Waste" means any chemical, compound, mixture, substance or article which is designated by the United States Environmental Protection Agency or appropriate agency of the State to be "hazardous" or "exempt" as that term is defined by or pursuant to Federal or State law. The Clean Air Act prohibits the disposal of CFCs and HCFCs into landfills. Refrigerants/Freon must be recovered prior to acceptance for disposal. Compliance and removal of Freon is responsibility of Contractor.
(aa) "Holiday" means New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day.
(bb) "Invitation to Bid" means the request of the City for Residential Solid Waste Collection, Disposal and Recycling Services.
(cc) "Instructions to Bidders" means that portion of the Bid Documents that explains the background and procedures for submitting a Bid.
(dd) "Material Recovery Facility" or "Recycling Facility" means a facility that sorts and processes Mixed Recyclable Materials to prepare them for processing and remanufacture as a product sold in commerce.
(ee) "Multi-family Dwelling" means a grouping together under a common roof of four or more residential units.
(ff) "Municipal Facilities" means those municipal locations as set forth in the Bid Documents.
(gg) "Notice of Award" means written notification that a Bid has been accepted by the City.
(hh) "Notice to Proceed" means written notice from the City to commence the Residential Solid Waste Collection, Disposal and Recycling Services.
(ii) "Producer" means an operator or occupant of a commercial or industrial facility or a Residential Unit who generates Garbage, Rubbish, Yard Waste or Recyclable Materials.
(jj) "Recyclables" or "Mixed Recyclables" or "Recyclable Materials" shall include but not limited to Residential Mixed Paper, aluminum, steel and bi-metal cans, glass bottles and jars, PETE and HDPE plastic, and corrugated cardboard.
(kk) "Recycling Services" or "Recycling Processing Services" means the collection of recyclables and recycling processing services provided by a Material Recovery Facility of Recycling Facility.
(ll) "Refuse" refers to any Residential Refuse and Bulky Waste, Construction Debris and Stable Matter generated at a Residential Unit unless the context otherwise requires.
(mm) "Resident" means the adult occupant, owner or tenant of a Residential Unit.
(nn) "Residential Unit" means all single-family and two-family residential dwellings.
(oo) "Residential Solid Waste Collection, Disposal and Recycling Services" means the collection at the curb of all Solid Waste and Recyclable Materials from all Residential Units, within the City; and, the disposal of the Solid Waste collected in a licensed Solid Waste Landfill and the processing of the Recyclable Materials collected at a Material Recovery Facility.
(pp) "Rubbish" means all waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, pasteboard, rags, straw, used and discarded mattresses, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweepings, mineral or metallic substances, and any and all other waste materials not included in the demolition of "bulky waste," "construction debris," "dead animals," "garbage," "hazardous waste," or "stable matter."
(qq) "Solid Waste" means unwanted residual or semi-solid materials resulting from Residential Units or governmental and community operations, but excluding earth or material from construction, mining or demolition operations, or other waste materials of the type that would normally be included in demolition debris, non-toxic foundry sand, slag and other substances that are not harmful to public health. Solid Waste does not include any material that is an infectious or hazardous waste.
(rr) "Solid Waste Landfill" means an Ohio EPA permitted and licensed facility or facilities identified by the Successful Bidder to be used for the disposal of Solid Waste.
(ss) "Solid Waste Transfer Station" means the facility identified by the Successful Bidder to receive deliveries of Solid Waste from the City for the subsequent transportation to a Solid Waste Landfill.
(tt) "Stable Matter" means all manure and other waste matter nonnally accumulated on or about a stable, or any animal, livestock or poultry enclosure, and resulting from keeping of animals, poultry or livestock.
(uu) "Successful Bidder" means the Bidder selected by the City to be responsive and the lowest and best Bidder in response to the Invitation to Bid.
(vv) "Term" means the duration of the Contract.
(ww) "Yard Waste" means grass clippings, leaves, flowers, twigs, branches, tree trimmings, tree trunks, and other garden and/or yard refuse. For yard waste collection services, grass, pine needles, leaves, flowers, stalks, stems, and small tree trimmings (less than two (2) feet in length and less than two (2) inches in diameter) shall be in a container, bag or box the weight of which shall not exceed thirty-five (35) pounds. Larger tree trimmings shall be laid neatly in piles at curbside. The maximum weight of any item placed out for yard waste collection shall be thirty-five (35) pounds. Branches in excess of two (2) feet in length may, but are not required to be, in a container, bag or box.
(xx) "96-Gallon Wheeled Cart" means a wheeled, rollout cart of approximately 96 gallons in capacity, capable of holding over 300 pounds, with an integrated closing lid, which can be used for automated, semi-automated or manual Solid Waste collection by the Contractor.
(Ord. 33-18. Passed 10-23-18.)