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HomeMy Public PortalAboutORD11894 i jig.� ,.,?;:�ti.• BILL NO. 93-9 SPONSORED BY COUNCILMAN BERNSKOETTER ORDINANCE NO. 11894 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH GREEN HORIZONS GARDEN CENTER, INC. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an agreement with Green Horizons Garden Center, Inc. for yard waste and composting. The amount expended for the contract shall not exceed $74,456.04. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: /9Y_.3 Approved: Zj!:- - If P3 r Presie5FOfficer 4wdyor ATTEST: , , City Clerk Almmr i �r ji i '• i s'A � ,L,�d-y�`• e, ^tsp'�`x{,� �t.�':#r4�.� k F e� fit. .: s Vii'N.v rci � f eh 4.�,41M Ct �' � t.r...eh s Y�4 ;1 r N:kt IY F.*E,�" � {gi5l.ed' � k � i k ��# -4 4 t t{,;•„ +k Pt ,.f s r f� .. �z p�t k4 v, Y tf d, '1: ° x Y P i ' �!i '� r•<. ' �'"7' '3•'YECH <5`r•sf`�y 'uz� $�• } £,i,{� tr�' Y`�•�i F t •y .. 'l{': ''1. {f p dh't'"T-t, 1fi Y£ RL` bo.7VC f il ' Bond #10 12 16 jr� t �,44"' xa CONTINENTAL WESTERN INSURANCE COMPANY . ' CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS, That we, Green Horizons 5 Garden Center, Inc. (hereinafter called "Principal" ) , as Principal, and CONTINENTAL WESTERN INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Iowa with Moines, Iowa hereinafter called "Surety" ) ,principal office Surety, are hell Des d and firmly bound unto Citv of Jefferson fi (hereinafter called "Obligee" ) , in the penal sum of Seventy-Four .t'. _Thousand Four Hundred Fifty-Six & 04/100-- ($ 74 , 456 . 04 )Dollars, $ ; ",y. . for the payment of which, well and truly to be made, we bind ' ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. SIGNED AND SEALED this 9th day ©f June , 1993 WHEREAS, the above bounden Principal has entered into a s certain Vritten contract with the obligee above named, dated this June 9 19 93 for Compost Operation drop-off site located in Jefferson City, _ Missouri which contract is hereby referred to and made a part hereof . NOW, THEREFORE, THE CONDITION OE THE ABOVE OBLIGATION IS SUCH, That if the Principal shall indemnify and save harmless the Obligee against any loss or damage directly arising by reason of the failure of the Principal to faithfully perform said contract, then this obligation shall be void; otherwise to remain in full force and effect. G n Horiz ns Gen Center, 'Inc. CONTINE T $3TSRN SURANCE O P By JA 1A Q ` Kris I!. Be nett , '6 SB-242 t, ��`• ,.4y,�:i ti;u'� �r trj e .;� s vJ.. E aL �Ilx��kJ ,� PwtLL-}�`a§e 7�.# �"d? >��'�st. ' t,��" �y�)'tWt�hiK . ¢��} 'Uf , � ��Ny��'�t a + } } NMI t k�� ��� rs 'SJ{+ -`sib�:`t?a. -{ +s #, ._��,,.• ; ft+ ,td`"`i'� �' t -.a�s�'S. r$"'.'`t`"'!,{�f��',i=t�xu'C7 z.t�n, ,•t�ttsr`' { +dye-..; te�s.,�,;}r�i5 r„�+�„;kl�m'n+'" � 'aF`$ !'� �� J. ?• ga ..,�y�: � .�'+ k �:.dCf,irr'��4; t".t i fg, No. 04-063 41 POWER OF ATTORNEY CONTINENTAL WESTERN INSURANCE COMPANY Des Moines, IA KNOW ALL MEN BY THESE PRESENTS:that the CONTINENTAL WESTERN INSURANCE COMPANY,a corporation of the State of Iowa,having Its J principal offices in the City of Des Moines,Iowa,does hereby make,constitute and appoint James J. Landwehr, Kris L. Bennett, Carl E. Reynolds of Jefferson City, MO Its true and lawful Attrxney-in-Fact with the power and authority hereby conferred,to sign,execute,acknowledge and deliver for and on its behalf,as surety any and all bonds,recognizanoos,stipulations and undertakings,excluding,however,any bonds or undertakings guaranteeing payment of loans,notes or the Interest thereon,Provided however no single obligation will exceed Two Hundred Fifty Thousand and no/100 ($250,000.00) Dollars The CONTINENTAL VMSTERN INSURANCE COMPANY further certifies that this Power of Attorney Is granted and Is executed and sealed underand by allthodty Of 010 following resolution adopted by the Board of Directors of the Continental Western Insurance Companyata meeting dulycallGd and hold on the 16th day of March,1979,to wit: IRESOLVED.,fti the president,arty vice president or assistant vice Rfesident.In conjunction with the secretary or any assistant secretary,may appoint attorneys-in-fact or agents with authodry as defined or limited In the Instrument avIde7rJng the appointment In each case,for and on behalf of the Company to execute and doliver and affix he seat of to company to bonds,undertakings,rocognizances,and suretyship obligations;of all kinds;and said officers may remove any such attomey-in-fact or agent and revoke arty power of attorney previously Gran - m., led to such pei s RESOLVED FURTHER,that any bond,un dertaking,recognizance,or suretyship obligation shall be vall�and binding upon the Company, (Q when signed by the president,any vice president or assistant vice president,and attested and sealed Of a see be required)by arty secretary or assistant secretary;or "V (0) when signed by the president,any vice president or assistant vice president,secretary or assistant secretary,and countersigned and sealed(if a seal be required)by a duly authorized attorney-In-fact or agent;or 4 W yyi (IiQ when duly executed and sealed(if a seal be required)by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney Issued by the company to such person or persons. RESOLVED FURTHER,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company;and such signature and seal when so used shall have the same force and effectas though manually affixed.' In Witness Whereof,CONTINENTAL WESTERN INSURANCE COMPANY has caused lit coroorate.sealto be hereunto affix6d.11'rid these j. resents tote u y,ex d-f*: i"b'�ItsvjoeP President and Assistant Secretary this 18th day of May ;i990: A Attest: S CONTINENTAL WESTERN INSURANCE COMPANY ADWO, 00 Ke W.Ka enberg,Assistant Secretary Gordon D.Jorgensen,Senior V ce President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE BACKGROUND WITH RED AND BLUE BORDER. STATE OF IOWA )SS POLK COUNTY Y On this day,before the undersigned,a Notary Public in and for said County and State, personally came the above named Officers of the CONTINENTAL WESTERN INSURANCE COMPANY,to me personally known to be the IndividuatIs and officerswho executed the preceding Instrument and they aclumwIledged.ft execution of said instrument to be the voluntary act and deed of the CONTINENTAL WESTERN INSURANCE COMPANY and their voluntary actand deed as officers of.said corporation,and that the seal of said corporation was affixed to said instrument by:the authority and drection of the said oDirporation. Witness my hand and my Notarial Seal at Des Moines,Iowa,the day and year last written above. ma 7Notary Public R&AL CERTIFICATE 1,ft undemignad,Vice Presidentof CONTINENTAL WESTERN INSURANCE GOMIPANYdo hereb,y certify that the ofiginal Powerol'Attornay, 1 which dw foregoing is a full,true and correct copy,Is in full force and effect. In witness Whereof,I have hereunto subscribed my name as Vice President,and affixed corporate seal of SEAL the corporation this 9th day,of June '119 9 PACW-4 Vice President ....... ...... 9 N 7-17 , Vwu"' 5>< .R E "'V A 11WO, OWN + � � ?•a dr,3ai�jsY#yai. { i 74. ' �L .,P y •• '� �4`;'�S,i Y I �sdr•y,•,•'t, f y, via"t •3'�'"tt rq�i?5���.w:=�'y;'�,ay X74�S�}k{�f>sgttt z +f'o-. i S 4�,�a r.t i .,f = i''' , 'i' i. _•r 4't t?l,�s i 74.4,wr�v�Y r�i''. F�'; n ..,� +Ar�v7y5 °W`SY `{Z `N�'d'"+{��� .t� � r i •, i 1 t t � �y .'t' r•• Y' -�c�3�':+t ,y }J �+�`��'j5'LU�c F�(ti' �Yw#.y7 7",y y9Y� t � 1 i.., r i° t d•. i e , r ,�,,7y r i!� a{ :`3k ft � `Cl a iY t,{wL.r 5 f ' • + t + - + ` #et , t S a � .'fit,4.5l.1 .�i��x7`.� ..t��'S''' t J.,_&a..n. .�iny. ... ,.s.; �;:s �''u�•,".a��a'.��a rd�vi}�z�'"��:1�.`r.� a;?i?i'ra�.;3'.'�rt�n` +,;.4?o-,�Fs}�i�.d 57: r1, ..,, . s,t�` •S ', fit✓ ���,,�,�� /'�� � �,� , ` CERTIFICATE OF INSURANCE id 4 " {� ISSUE DATE OI/ 6/ ^r PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMAT'IO'N ONLY AND CONFERS Winter-Dent 8 Co. NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, 3, Box 1046;101 Fast McCarty EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Y• erson City, NO 65102 `� } 634.2122 COMPANIES AFFORDING COVERAGE COMPANY LETTER A: Continental Western Ins. Co. :a ' COMPANY LETTER B: Continental Western Ins. Co. INSURED COMPANY LETTER C: HARTFORD UNDERWRITERS INS CO• Green Horizons Garden ' Center, Inc. COMPANY LETTER D: -` 4316 Route CC 4k,� Jefferson City, NO 65109 COMPANY LETTER E: COVERAGES A: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS < k;. si. CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, r, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POL. EFF. POL. EXP. i` LTR TYPE OF INSURANCE POLICY NUMBER DATE DATE LIMITS -''-1";fit GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 >•_''. A IXI COMMERCIAL GENERAL LIABILITY 9HF06 [4663 04/05/93 04/05/94 PRODUCT-COMP/OPS AGG. $ 2,000 000 61 I I CLAIMS MADE [X3 OCCUR. PERSONAL & ADV. INJURY S 1,000,000 [X) OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ 1,000,000 r•,,�,,,; a,� ,.,y r: [ ) FIRE DAMAGE (Any one fire) S 50,000L.; '.t""'r-�' =it NED. EXPENSE (Any one person) S 5,000 S AUTOMOBILE LIABILITY ' B 1XI ANY AUTO 9HF0621 04/06/93 04/06/94 COMBINED SINGLE LIMIT $ 1,000,000 [ 3 ALL OWNED AUTOS [ I SCHEDULED AUTOS BODILY INJURY (Per person) $ I HIRED AUTOS [ 3 NON-OWNED AUTOS BODILY INJURY (Per Accident) $ , ;• [ 3 GARAGE LIABILITY ' [ 3 PROPERTY DAMAGE S t' EXCESS LIABILITY 13 UMBRELLA FORM EACH OCCURENCE $ t•, 13 OTHER THAN UMBRELLA FORM AGGREGATE S i... WORKER'S COMPENSATION STATUTORY LIMITS C AND T7WZCR220600 06/17/93 06/17/94 EACH ACCIDENT S 100,000 f DISEASE-POLICY LIMIT $ 500,000 = EMPLOYER'S LIABILITY DISEASE-EACH EMPLOYEE S 100,000 ,;. OTHER • •�zr,Yt, tr ; DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS 3; '.1 CERTIFICATE HOLDER m CANCELLATION •,.'c SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ISODAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER kAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. F•.••:' AUTH IZED REPRESENT�iV " 20 East McCarty ,. fix! Jefferson City, NO 65101 > FORM 25'—S (7/90) � �,2 s x <+1 ? Y t+ ' 1 + , •' r +14i 7p � F1''�� [; A t} t Ey3t% 4�t 7 u W aS 5 •. �, 't$� '� 'f!'• -r�} �Y, a��,sty«r r,� J�((i a I r !, .. t ? ,r 7 � 'c rr r� +x ' •'`�, }dS j � ri'idtt `"1i a,a> )•�'� :yr''rx S ` 14 r L ti 7 r:: ,� ,7 �,. }p±f t.,�... 'k' w`S,tt.�'qaa b `u�":i4 '�a.ly �ly. h�� ,,.J C .'7�. � � t ii �•'S:x i i .i +s 3r a.y t t�'�+Yt�''.}t:,a'-��•'�i$r'Y�k�� h H; ��' { �r•,sxy'rr by r ti > y A ^i, C �t t r; 4 } ; Skyc f i}.pew.,, P � #t�>~ i' A?S;4 e + `'��t:�{ �t a�f•$la {. y'.F .mot `�•" 11'..i'�. 'tu..'y}'"{X .?,1��*}t ty' i+.i�' '° st 4',�., t ,..1'{ 1�fit••yr;5�5,�H•1�`r.,���:�(yy},�. '; 4. 3+ t✓i��i!'���� J'��°."',L�`'�i a�.'yt � { + y„f ”' 7 � M ,t�_ t >',. , s' .� i' iy4r '��1� b e T k!��}�0.; "5, irrf",r5 b ktt,$�� •"f?tir"k} t t?{,,'"y"'d"� P,' �Y'^Y.N L ..p �,, t 4�� .. :s � k �. �*�5. 7, y.... Y� yI w INSURANCE BINDER ._: THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE SECOND PAGE r ; .'•` - BINDER NO: 91IF06 [466] ISSUE DATE_07/26/93 Af♦ y UCER COMPANY: Continental Western Ins. Co. <CW > t W nter-Oent $ Co. EFFECTIVE EXPIRATION P. 0. Box 1046;101 East McCarty a 07/26/93 12:01 AM )7/26/94 12:01 AM Jefferson City, MO 65102 _ 314-634-2122 [ ] THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED r' COMPANY PER EXPIRING POLICY # CODE SUBCODE NE-.- RED DESCRIPTION OF OPERATIONS/VEHICLES/PROPERTY McCARTY + CiWNER S PROTECTIVE LIADILITY POLICY JEFFERSON CITY, MO. 65109 mm COVERAGES LIMITS -' ¢$; TYPE OF INSURANCE COVERAGE/FORMS AMOUNT -DEDUCTIBLE COINSUR PROPERTY CAUSES OF LOSS i r [ ] BASIC [ ] BROAD [ ] SPEC. S g [ ] 0,, r ,�•;" GENERAL LIABILITY 1 , u00, 0004 GENERAL AGGREGATE 3 ,- [X] COMMERCIAL •cw;i,;,?�',""..':;.,.'..; GENERAL LIABILITY PROD.-COMP/OP AGGREGATE S I ] CLAIMS MADE [X] OCCUR ' PERSONAL & ADV. INJURY ??<= [X] OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ 1 0 O 0 1,000 .AS{lia"6L tti i" '�q„Y • / 'i} [ ] FIRE DAMAGE(Any one fire) S � . ,4 RETRO DATE FOR CLAIMS MADE: • MED. EXPENSE(Any one pers)S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ `� • . OSCHEDULED NY AUTO BODILY INJURY (Per pers.) S ` LL OWNED AUTOS BODILY INJURY (Per acc.) S AUTOS PROPERTY DAMAGE S [ ] HIRED AUTOS MEDICAL PAYMENTS $ ,.. [ ] NON-OWNED AUTOS [ ] GARAGE LIABILITY PERSONAL INJURY PROT. f ., UNINSURED MOTORISTS f i sg AUTO PHYSICAL,DAMAGE [ ] ALL VEHICLES [ ] SCHEDULED VEHICLES [ ] ACV [ I COLLISION: [ ] STATED AMOUNT' S s• [ I OTHER THAN COL: [ ] OTHER w r. EXCESS LIABILITY EACH OCCURENCE S [ ] UMBRELLA FORM AGGREGATE $ [ I OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF-INSURED RETENTION $ WORKER'S COMPENSATION AND STATUTORY LIMITS EACH ACCIDENT $ EMPLOYER'S LIABILITY DISEASE-POLICY LIMIT $ DISEASE-EACH EMPLOYEE $ SPECIAL CONDITIONS/OTHER COVERAGES GREEN HORIZON'S GARDEN CENTER, INC. SHALL BE RESPONSIBLE FOR PREMIUM & AUDIT Name And Address Of < > Loan o• S g ature Of or -z- Representative Date rC•:; ” FORM 75—S (7/90) x`:, T i1 fr.y,�`J�.:' .BtfYMI','�n'.yT'. "St•P K .` '"R� °'Jeffs' �•qth� taarr . I �7'4� 7 " t ` r t ,. !.' y! }r t f t rR �t 7.' lid I J �i�•''^'$ �. t�S .!� S� YR+;ryet '} , �fi ! �.R l' ; c : .; t i, t rr 'rtir f '!"r "� ,{7.^p•'ff�"t r `v rS .+S$�nU`,'�',, t Yi:����. r ' �!-r•^ti-.• { . e r ,t � t3�t}i yr �,a ..t„+x+ t�1`{,��yi�"r `x �(' Ati{r.,t�4+ `,�.9%pf �i� t�,, f j'ai} ' zr ♦k.txE. �' is t t lt??i�"E[ `r "�7'r `l;i {{t tl t! � g`!+°t "t�� T 7 sb a r• ✓ 4 } '1t y �x 6 q Y�J Y} 3 C 4'��Y.Cf '?y+,5�1a 9:. "Ei 4> i,�SS�ittY 3:r`t.IcR!-���ri r.+r`t .itt ' �,<y ,. f i t, i {t q�t. �" ..;:}4h�•,tita. zrr xl.��2' iLq +'-r �. . r,g ,�"gip ! I it,,. kn, xy i•f.;ir Y el 7 A 'Y rya ti ftst tRk .� �r 3Ja sp' rti �}�'" yy�!r c��C. , "' x�..t.= � t, i '��9,,, 7Nr. t .�.i�'..<. i. .� r rws.'•. t'�' t K t' �µ.!V + Y ��_j":r tk .r'kJiy,t . x y � f INSU$ANCE BINDER Conditions This company binds the kind(s) of insurance stipulated On the first page. This insurance is subject to the terms, conditions and limitations of the policy(ies) in current use by the company. This binder may be cancelled by the insured by surrender of this binder or by written notice to the company stating when cancellation will be effective. This binder may be cancelled by the company by notice to the insured in accordance with the policy conditions. This binder is cancelled when replaced ' by a policy. If this binder is not replaced by a policy, the company is entitled to charge a premium for the binder according to the rules and rates in use by the company. Al' i f 4t Applicable In Nevada ,Any person who refuses to accept a binder which provides coverage of less than $1, 000,000. 00 when proof is required: (A) Shall be fined not more than $500.00 and (B) Is liable to ,the party presenting the binder as proof of insurance for Actual damages sustained therefrom. FORM 75-5 (7/90) .! i. `1 �j��N�4 k f . r�#^h. fY' ''�' t t t`nr� '"R•c1T�Ff4'LK, :`t.{.I.f Wdf s{�M;(" y `�4 ��'. "5.^ q c COMPOST OPERATION AND SERVICE CONTRACT This agreement made this day of , 19 9.:3,by and between the City of Jefferson,a municipal corporation, ereinafter"City",and Green Horizons Garden Center, Inc., hereinafter "Contractor", witnesseth: R That for and in consideration of the mutual promises herein contained, the ' parties hereby agree as.follows: 1. Scope of Services. The City agrees to engage the services of the Contractor to perform,, the services set out below in connection with the provision of a compost operation drop-off site; The Contractor shall operate a drop-off site located upon City property as shown on Attachment A and shall be solely responsible for the operation of said site and the proper disposal of all materials brought to said site. 2. Additional Services. The City may add to services activities of a similar nature. The Contractor shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and approved by the Director of Planning and Code Enforcement and shall be accepted i and countersigned by the Contractor or its agreed representatives. i 3. Term. This contract shall be for the period beginning on or about July 1, 1993 and terminating on or about June 30, 1996, provided that all dates shall be adjusted based on the first date.upon which the site is opened for use, which shall become the substituted origination date and the ending date shall be three years after that date, provided the transfer site shall be operational no later than July 1, 1993. ' 4. Insurance. Contractor shall procure and maintain at its own expense during the life of this contract: (a) Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. (b) Contractor's Public Liability Insurance in an amount not less than $1,000,000 for all claims arising out of a single occurrence and $100,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 237, RSMo., and Contractor's Property Damage Insurance in an amount not less than $1,000,000 for all claims arising out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence. (c) Automobile Liability Insurance in an amount not less than $1,000,000 for all claims arising out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence. contrast\services\greenhor i � � �, J �`xl .� '` $. '�"^ *'°�`,�?}�j��'f�Rt'xt;�•.�n(,f.„ rw,r �;'�S Pd�i�i.�'^�'2�rrtyf`'r'��,u�'�` 4'��'�'pa�,$cW+* .YrK43'?i Tom' r" .. H (d) Owner's Protective Liability Insurance-The Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City of Jefferson as the insured, in an amount not less than $1,000,000 for all claims arising out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence, except for those claims governed v nY by the provisions of the Missouri Workmen's Compensation Law, Chapter 287,RSMo. No policy will be accepted which excludes liability for damage to underground 1 structures or by reason of blasting, explosion or collapse. (e) Subcontracts - In case any or all of this work is sublet, the Contractor i shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs (a), (b), and (c) hereof and in like amounts. (f) Scone of Insurance and Special Hazard. The insurance required under Sub-paragraphs (b)and(c)hereof shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, and also against any special hazards ,.which may be encountered in the performance of this contract. NOTE: Paragraph (f) is construed to require the procurement of Contractor's protective insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability and property damage policy (or rider attached thereto) of the general contractor provides adequate protection against claims arising from operations by-anyone directly or indirectly employed by the Contractor. (g) The Certificates of Insurance furnished to the City showing proof of compliance with these insurance requirements shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least fifteen days prior written notice has been given to the City. Certifies of Insurance must be on file with the City prior to beginning work. 5. Contractor's Responsibility for Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City, may exercise over Contractor under any provisions of this contract. Nothing contained in this contract f. 2 contract\serviceAgreenhor i r x I` ;; r.=mr;;,..'Y,P r `4�iE,}..(.:ut U y d#� �ifs 3S"' ll�f{� '��r�i � �.�.,r.:.t .trr `a ... r s:. ti tr iS ttt1. . 'S¢°r,•v� Ast� 1`y jf�. .. ( rk��'�'. ���� ` `r„`1s'� ".€;� ..t' rtftt� t�'t$�s 31?#.a 5fi ys s"'�iv,y.'ir udt tj:y�� ir f }t ste„ a ,, •.r .�i jisr y;y,!w 43 ��,"�•Fir�� ' f'• . r rtirl A tix ,+t,f}rE�..ar t k's r ^�...,rr:f .f�.• :�. u.. a: tt i X N, shall create any contractual relations between any subcontractor and the City or t between any subcontractors. K 6. Termination for Cause. The City reserves the right to terminate this contract by giving at least five (5) days prior written notice to the Contractor, without prejudice to any other rights or remedies of the City should the Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed for Contractor or for any . of its property, or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for x the work under the contract, or persistently disregard instructions of the City or fail • to observe or perform any provisions of the contract. . 7. Termination by Right. The City reserves the right to terminate this contract:. for any reason provided that if the contract is terminated early,for each month before ; . its stated expiration date the City shall pay to Contractor the sum of$2,025.00. Int order to exercise this right, the City shall days notice. •� g y gives 180 da Y 9� s ra•;� A. 8. City's Right to Proceed. In the event this contract is terminated pursuant to •,x Paragraph 6, then the City may take over the work and prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the w, S:u City. In any such case the City may take possession of, and utilize in completing the ;. work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to,and not in limitation of, the rights of the City under any other provisions of the contract, city 6rdinances, and state and federal laws. 9. Indemnity. The Contractor agrees to defend, indemnify, and save the City, its officials, agents, and employees harmless from and against all liability,loss, damage, claims, suits and actions of every description, brought against the City or them and from all damage and costs, including attorney's fees, by reason or on account of any injuries or damages received or sustained by any person or persons, or their property, by Contractor, its servants, agents or subcontractors in the prosecution of said work, or by any negligence or carelessness in the performance of the same, or on account of any act or omission of Contractor,its servants, agents, or subcontractors,or arising out of the award of this contract to Contractor. v 10. .Payment for, Labor and Materials. The Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the construction of the work to be completed pursuant to this contract. Contractor shall furnish to the City a bond 3 contract\services\greenhor I ,• r �r�E�,s` R�r 'v9:1t1'� t.,.,,..,. y~+`t�t� d r?.�,� i r.��ittc t`��S��t J'1 @w{%.0 S ➢ r� t fi � « ,ct�'+r".+P. tt .� 4 '.,J bS�t{ Z. }v i '`,Y.• ?.L 1 i Y,.. L rrf 'Si F"4y 4..>t . 1 i4 ��,��� k i 7'�`�t�t i *,�u7 YJ ( iF �'✓+5"�h 4 4'`t !3'f i' �W k .�' f ; i�.f''Y c7 t7 'i twit 7i S X fe f°rs J�t*4Y+•i,;t ti S ��1'L, ,L 4 I,} P. tt tF�1r��j, r1 t 1ryY"•£a� y 3.rt�r 'fc;�`"t� •��! ' r u `� a,'c47!'n i `t+. k:. . !IF". d e^ `;, if J ! t'Ye r MY i 'tivvt'�•+; `. to insure the payment of all materials and labor used in the performance of this � < contract. 11. Compensation. The City agrees to pay the Contractor for services rendered under this contract the sum of Six Thousand Two Hundred Four Dollars And 67/100 ($6,204.67) per month. Said monthly charge to cover 420 cubic yards of material per month with an annual maximum of 5,040 cubic yards. At such time as the 5,040 has .4. been reached, all additional material shall carry a surcharge of$4.60 per cubic yard. Payment shall be made on a monthly basis in arrears following submission of an } invoice by.Contractor. 12. Charges to Users. Contractor shall charge all non-residents of the City and commercial operators regardless of their location the following fees: $7.50 minimum ' and/or level pickup loads, $10.50 per heaped pickup loads. All other large or commercial vehicles will be charged $4.50 per cubic yard. 13. Site. City agrees to provide a 1.5 acre drop-off site p p to at or near the existing location with a security fence and gate to prevent access to the site during hours of ' non-operation. City further agrees to provide electricity to utilit y pole. Compost site z is to be located near Highway 54 and Route CC. 14. Operation of the Drop-Off Site(s). Contractor agrees to provide office trailer, fi necessary accommodations, chipper and truck. Grass clippings, leaves and wood « . chips will be deposited directly onto the truck provided at the site. Tree limbs will d ' be run through chipper pper onto the truck. As the truck becomes full, the products will . be hauled to compost site and the truck will return to the drop-off site. ) It 15. Taste Guarantee. Acceptable waste includes tree limbs 6" in diameter and smaller, grass clippings, leaves and wood chips. No guaranteed minimum needed. 16. Marketing Compost. It is the intent of the Contractor to land apply the compost after sufficient decomposition has occurred. Future negotiations with the City's Department of Parks and Recreation is a possibility. 17. Days and Hours of Operation During the period March 15 through October 31, hours of operation will be Monday through Friday, 9:00 a.m. to 4:00; Saturday, 9:00 a.m. to 3:00 p.m.; Sunday, 12:00 p.m. to 3:00 p.m. During the period November 1 through November 30,hours of operation will be Monday through Friday, 9:00 a.m. to 4:00 p.m.; Saturday, 9:00 a.m. to 3:00 p.m. For the period December 1 through ' March 14, hours of operation will be Monday through Friday, 9:00 a.m. to 4:00 p.m.; closed Saturday and Sunday. The site will be closed on the following holidays: Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas Eve, Christmas Day, New Year's Eve, and New Year's Day. 4 contract\serviceAgreenhor E i + 1 4{ 7 f n Y ` 1 Faro 18. Measurement of Yard Waste. Bulk measurements will be calculated on trucks t% and/or trailers when arriving at the drop-off site, i.e., a truck bed measuring 8' wide — = by 14' long by 3' average height would measure 7.5 x 14 x 3 - 11.67 cubic yards $52.52. Limbs sticking beyond the truck or trailer would be measured length b .Y$ width by average height to arrive at volume. In order to track annual volume, ° . Contractor will calculate its truck capacity times the number of trips annual to arrive :... y at total number of cubic yards per year. Commercial vendors will be charged by `- volume for the form in which yard waste is brought, i.e. small scale tree trimmer p bringing in limbs as compared to larger scale tree service bringing in limbs in chipped , form. Contractor's annual hauling volume will be based on chipped material, i.e., truck capacity is 20 cubic yards, 200 trips per year equals 4,000 yards. An on-site individual will measure, calculate the amount of the material and the cost to the 'S + vendor. Measurements will be taken before the material is unloadedr 4 a"', 1 ' 19. Nondiscrimination. The Contractor agrees in the performance of this contract :,=;a,'j �;�;ti; � not to discriminate on the ground or because of race creed color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation against any 4SZ t employee of Contractor or applicant for employment and shall include a similar } provision in all subcontracts let or awarded hereunder. The Contractor agrees to comply with all federal, state, and local non-discrimination laws and ordinances. y, « a 20. Nonsolicitation. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Contract, and that he has not paid or agreed to i pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this =r Contract. For breach or violation of this warranty, the City shall have the right to annul this Contract without liability, or,in its discretion, to deduct from the Contract price or consideration, or otherwise recover the full amount of such iee, commission, percentage, brokerage fee, gifts, or contingent fee. f 21. Compliance With Applicable Law. The Contractor must agree to comply with ' .;�t. all federal, state and local laws or ordinances, and all applicable rules, regulations, and standards established by an agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the contractor's performance of the provisions of the agreement. It shall be the obligation of the Contractor to apply for, pay for and obtain all permits and/or licenses required by any governmental agency for the provision of those services contemplated herein. 22. Cancellation Due to Unavailability of Funds In Succeeding Fiscal Periods. When funds are not appropriated by the City Council or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall a 5 ,. contracOserviceAgreenhor y 4' 4.> a ,7� ti ft.... .r l t t. •, Y,Yy3st � `C- '�.. . k` i'z• r�� } a 1•iL'�{ , y + z t s r F1 s C i•{ 1<iy�g m i t a4 ty y;Yt'1�'r ji��J • "? trf f ?lt ,�i� 4. p T . st,�t s i.. ,��p a. t` � t Yi� .,}S.+ a. . -t t�s t r'. t.9 i k,k .� 4 & .. S. t'�.^L•i,yJ. te•r� i ,.fii r�'$' t• hi x J'a t s rj ,. t r.' .tr'a. sr 1e.ist rt ..at t wtr.vF i t,z} j 1^ 4.�"tj,;.t�•ry�7° �1`".�1i: �� / tY, i�,�. � sf`t���`'•�'.U��rz.fc �' y f t.J : ,. i .I }r+ .y�.t. -r ! < r1.r. - a}"2#sT+�-b.*��y S ���'a'i�. ' t � .; + v �a ` d +iXf�J'�s�z •.t^,. .t�f Ptit. v ��f � `� ' s +}�, t ,' � ..+' zl .y , t + r >.p;:.+�+s + �. Ji4fii �:?P�is� L � 1� Y• a �<Sritt.M t 'x be cancelled. In the event that funds are not appropriated for the contract, the , . x contractor shall not prohibit or otherwise limit the City of Jefferson to pursue an ,:. contract for alternate solutions as deemed necessary for the conduct of City affairs. .�j 4 23. Performance Bond. A performance bond in an amount equivalent to one hundred percent (100°%0) of the contract price must be furnished and executed by the Contractor. The surety shall be a corporate surety company or companies of recognized standing licensed to do business in the State of Missouri and acceptable > F to the City. 24. Independent Contractor Status. In performing the services under this agreement, the contractor will direct the operation in all respects and will determine 4 C `�'' the method, means and manner of performance including, but not limited to, such ,; I?. matters as choice of any lawful routes, points of service, and time of services. The ,. parties intend to create by this agreement the relationship of an independent r'' contractor and not an employee-employer, co-partnership,joint venture, or any other ` Neither the Contractor nor any o£ his employees, agents, or relationship. representatives are to be considered employees of the City insofar as the subject z matter of this agreement is concerned or in performing services under this r agreement. : - 25. Assign mnu The Contractor shall not assign any interest in this contract, and �• shall not transfer any'interest in the same (whether by assignment or rnovation , w without prior written consent of the City thereto. An y such assignment is expressly 'fn subject to all rights and remedies of the City under this agreement, including the ' ies from the contract or to terminate the same as right to change or delete activit provided herein, and no such assignment shall require the City to give any notice to any such assignee of any actions which the City may take under this agreement, though City will attempt to so notify any such assignee. 26. Jurisdiction. This agreement and every question arising hereunder shall be interpreted according to the laws and statutes of the State of 1VICissouri. Abe given b first class mail 27. Notices. All notices required to be in writing may gY Y addressed to the Director of Planning and Code Enforcement, City of Jefferson, 32 j East McCarty, Jefferson City, Missouri 65101, and Contractor at 4316 Route CC, Jefferson City, Missouri 65109. The date of delivery of any notice shall be the second full day after the day of its mailing. 6 contract\services\greenhor f AN a 4 r. ., A .,p'iFr, ;t .'t;�z t * ,1.i r r t �, E�� ti •'.t�.R�� . .. � •.s*.. .� � is t �,�. � ���N t � *j M .�� .5.. 3° op. 1 :s �S1�1t- �rw.yyy shy: �w��a�:. • : � , •r .► �4�y?tys-jt� �; • 4 x�t Y f.. f / •t' a; iF i 1 i j .r= "-f'3; yt ✓ 71�—,$-I.lt f yi� s�� ( e t C r { .y t ° � ir �El pitta �.,i ' rr t.11 S Fa ! — • t � , t )y .x� !: '� ,t,� J r :t . ;,t tf .�4,����Z�t..� .� .,� f ,�y�r�rrFef{�;:�y7iyrk�����,1ey t?y7yS��nn. 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