HomeMy Public PortalAboutORD09852 J
BILL NO.
INTRODUCED BY COUNCILMAN 5C A-E%X '-d
ORDINANCE NO.
SAN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
4MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH ENVIRONMENTAL !
" SANITATION MANAGEMENT, INC. , FOR SOLID 14ASTE COLLECTION, TRANS-
lPORTATION AND DISPOSAL.
' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
( MISSOURI, AS FOLLOWS :
SECTION 1. The Mayor and Clerk of the City are hereby j
authorized ana directed to execute a contract with Environmental
Sanitation Management , Inc. , for the grant of a franchise for
solid waste collection, transportation, and disposal.
shall be substantially the same in
SECTION 2. Said contract s 1 y
jform and content as the contract attached hereto as Exhibit A.
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SECTION 3. This ordinance shall be in full force and effect
from and after its passage and approval.
Passed Approved
PreVident ot tip Council Mayor
ij ATTEST:
f
ity Clerk
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SOLID WASTE FRANCHISE AGREEMENT
THIS 'CONTRACT is executed by and between the City of
Jefferson, Missouri, hereinafter called "City," and Environmental
Sanitation Management, Inc. , hereinafter called "Contractor."
For and in consideration of the mutual promises of the parties,
the City and the Contractor agree as follows:
1. Definitions. The meanings of all terms used in this
agreement shall be the same as those terms defined in Section 18-1 of
the City Code, unless otherwise specifically defined in this agreement.
In addition, the following words shall have the following meanings:
(a) Containerized Business. Any business, multi-dwelling
or other structure whose solid waste is deposited in an approved
container for removal by the contractor.
(b) Duplex. A detached two-family structure designed or
intended for occupancy by two (2) families.
(c) Fuel Adjustment Increase. Determined by multiplying
the percentage of the contractor's total operational budget attributed
to fuel costs (vehicle diesel fuel and oil) by the excess CFI rate
over ten percent (10%).
(d.) Industrial. Establishments generating waste accumula-
tions of metal, metal products, minerals, chemicals, rock, etc.
(e) Noncontainerized Business. Any business, apartment,
or other structure whose solid waste is deposited. and collected by
means other than a container.
(f) Triplex. A detached three-family structure designed or
intended for occupancy by three families.
2. Grant of Franchise. The City grants to the Contractor a
franchise for the exclusive right to provide solid waste collection,
transportation, and disposal services within the City boundaries,
including any future expansion or alteration of those boundaries. The
Contractor accepts the franchise and all the obligations connected
therewith, including 'any obligations set forth in Chapter 18 of the
City Code. No provision of this contract shall be interpreted to
prohibit (a) the disposition of garbage in an approved mechanical
garbage disposal unit; or (b) the disposal of garbage in an
Incinerator 'enclosed within a building and approved by the Health
Officer; or (c) the removal by any person of his own solid wastes
and disposal thereof at the disposal area of the authorized contractor
or on the owner's premises in a sanitary manner to prevent a
nuisance or hazard to the health of the public; or (d) a commerical
or industrial establishment from contracting with a company which
collects solid waste for separation and recycling; or (e) the removal
by a person of his own solid waste and disposal thereof with a
company which collects solid waste for separation and recycling.
Solid waste remaining after a company has separated the recycled
materials shall be disposed of in a receptacle collected by the
contractor or at the sanitary landfill operated by the Contractor.
3. Term of Contract. This contract shall be in effect for a
period of six years, beginning November 1, 1982, and ending October
31, 1988;, The contract shall be extended for a period of six years,
beginning November 1, 1988, and ending October 31, 1994, unless
Contractor has failed to comply with any substantial provision of this
contract. Thereafter, the contract shall continue until terminated by
six (6) months notice by either party in writing. Either party may
request renegotiation of this contract at any time for the purpose of
providing mandatory or minimium mandatory service at a flat monthly
fee. .
4. Future Development of Resource Recovery Facilities. It is the
intent of the City to pursue resource recovery alternatives to landfill
operations. Such alternatives may include facilities designed to either
incinerate unprocessed wastes to produce energy or process solid
waste to recover certain recyclable materials and create a refuse-
derived fuel. The Contractor shall cooperate with the City in this
matter as it develops and shall be required to process all trash and
refuse collected by it within the City limits through such a facility
if and when developed, and pay reasonable tipping fees as negotiated
in a separate contract.
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5. Collections, Times per Week. All persons occupying or main-
taining a place of residence in single, duplex or triplex family
dwellings shall be provided regular solid waste collection service two
times per week under the provisions of this contract. Multi-dwellings
and business, commercial and industrial establishments are to be
serviced on the basis of need, frequency of service, volume generated
and type of receptacles used.
6. Collections, Time of Day. Collections shall be made in
residential areas between 6:00 A.M. and 6:00 P.M. with no service on
Sunday, except in time of emergency or to maintain schedules due to
holidays.
Commercial collections shall be made between the hours of
6:00 A.M. and 9:00 P.M. , with the exception of shopping centers and
business and industrial centers, where collections at night or early
morning hours do not disturb the immediate residential area.
7. Littering. The Contractor shall not litter premises in the
process of making collections. During hauling, all solid wastes shall
be contained, tied or enclosed so that leaking, spilling and blowing
are prevented. In the event of spillage by the Contractor, the
Contractor shall promptly clean up the litter.
8. Articles Required to be Collected. Contractor shall not be
required to collect any solid waste that has not been placed in
approved cans, bags, or containers, except as provided in the other
provisions of this agreement.
9. Unusual Materials. The Contractor shall provide collection
service for materials not routinely generated in residential areas.
These materials, such as construction debris and animal bedding,
shall be stored and placed in a manner approved by the City and
the Contractor. Body wastes, dead animals, abandoned vehicles,
vehicle parts, large equipment and parts thereto will not be collected
by the Contractor unless specifically requested by the generator and
agreed to by the Contractor.
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10. Equipment. The Contractor shall have on hand at all times,
In good working order, such equipment as shall permit the Contractor
to perform its duties hereunder adequately and efficiently.
Equipment shall be purchased from nationally known and
recognized manufacturers of garbage collection and disposal equip-
ment. Solid waste collection equipment shall be of the enclosed
loadpacker type and all equipment shall be kept in good repair and
appearance and in a sanitary and clean condition at all times. The
Contractor shall use only vehicles with sanitary, leak-proof, and
enclosed beds. While operated, the openings in the bed of the vehicle
shall be kept closed except when solid waste is being deposited in
the bed of the vehicle. The inside of the bed of each vehicle shall
be washed and cleaned each day the vehicle is operated. The outer
surface of the vehicle shall be washed at least once each week and
shall be painted as often as may be necessary to preserve an
acceptable appearance to the City. The Contractor shall have avail-
able to - it at all times reserve equipment which can be put into
service and operation within two (2) hours of any breakdown. Such
reserve equipment shall substantially correspond, in size and
capability, to the equipment used by the Contractor to perform its
duties hereunder.
11. Complaints. The Contractor shall establish and maintain an
office within the City where such service may be applied for, and
complaints can be made. It shall be equipped with sufficient tele-
phones and shall have a responsible person in charge during
collection hours. The authorized contractor shall keep the office open
to the public between the hours of 8:00 A.M. and 5:00 P.M. , Monday
through Friday of each week excluding legal holidays, and between
8:00 A.M. and 12:00 noon on Saturday of each week when not a legal
holiday.
(a) Complaint Resolution. All complaints shall be resolved
within two working days. The Contractor shall prepare a form or
maintain a register in his office on all complaints on a form
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approved by the City, and indicate the disposition of each. Such
records shall be available for City inspection at all times during
® business hours. The form shall indicate the day and hour on which
the complaint was received and the day and hour on which it was
resolved. When a complaint is received on the day preceding a
holiday or on a Saturday, it shall be served on the next working
day. The report shall be filed with the City quarterly.
(b) Notification of Customers. The Contractor shall agree
to notify all customers about complaint procedures, rates, regulations,
and day(s) of collection. Format shall be as approved by the City.
12. Disposal in Approved Manner. All solid waste collected by
the authorized Contractor or accepted for disposal shall be hauled to
a facility legally empowered to accept it for treatment or disposal.
The authorized Contractor shall observe and comply with all require-
ments of the State of Missouri.
13. Landfill Open to Public. Contractor shall operate a landfill
which shall be open to the public from 6:30 A.M. to 4:00 P.M. ,
Monday through Friday, and from 6:30 A.M. to 12:00 noon on
Saturday when not a legal holiday.
14. Residential Pickups, Methods.
(a) Use of Bags or Cans. if the residential user uses
cans, the contractor shall be required to collect the contents of the
can when it is placed at ground level to the rear, outside and
® immediately adjacent to the user's dwelling so the Contractor shall
have free access thereto, unless the Contractor shall agree to a
different location for the container. If the residential user uses
bags, the Contractor shall collect the bags when they are placed at
curbside.
(b) Special Service for the Handicapped. Upon proper
verification, a handicapped customer will be permitted to buy plastic
bags at the regular curbside rate and place them at a location
convenient to the handicapped customer, and the bags will be
collected by the Contractor. Prior to receiving this special service,
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the applicant will be required to complete an application verifying
the handicap condition which prevents the person from carrying the
plastic trash bags to the curbside, and verifying that no other
person lives in the household who is capable of carrying the plastic
trash bags to the curbside. The application must also contain a
verification by a physician of the handicap condition which prevents
the person from carrying the plastic trash bags to the curbside.
15. Plastic Bags, Purchase.
(a) If a residential user uses plastic bags instead of
cans, the customer shall purchase from the Contractor plastic bags of
a thickness of 2 mils or more and a capacity of thirty (30) gallons
or more. The customer shall place such bag or bags at the property
line at a point designated by the Contractor on the customer's
property reasonably convenient for pick-up. Contractor shall have the
option of furnishing bags of a lesser thickness than 2 mils provided
said substitute bag shall have an equal or greater strength during
stress test. Substitute bags shall be used only after approval by the
City.
(b) Users may purchase from the Contractor, plastic bags
intended for use with mechanical compactors, which bags shall have
a minimum thickness of 4 mils and a capacity of thirty (30) gallons
or more. Contractor shall have the option of furnishing bags of a
lesser thickness than 4 mils provided said substitute bag shall have
an equal or greater strength during stress test. Substitute bags shall
be used only after approval by the City.
16. Wiring Clean-up.
(a) General Scope of Work. The Contractor shall supply
all labor, materials and equipment required to provide an annual
Spring bulky items pick-up for the residents of the City of Jefferson,
Missouri. Service shall be limited to residential facilities only,
including multi-family dwelling complexes.
(b) Date of Service. Service shall be provided during the
first two weeks of May or as designated by City with thirty (30)
days notice to the Contractor.
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(c) Service. Service shall be curb pick-up. Items shall be
limited to bulky waste including appliances, tree limbs no longer
than four (G) feet in length tied in bundles, furniture or other items
of such nature. All accumulations of grass or shrubbery cuttings, or
clippings and dry leaf rakings shall be in disposable containers. No
car bodies or large parts will be allowed for collection. All items
shall be of a size and weight so that a two (2) man crew can load
into a truck. All items must be susceptible to normal loading and
collection in "packer" type sanitation truck. The City will make
reasonable efforts to insure the public does not utilize this service
for disposal of normal household garbage and trash.
(d) Scheduling. The Contractor is required to submit a
proposed schedule of service and routing information to the City two
® weeks prior to the clean-up. The City reserves the right of approval
for scheduling.
(e) Advertising. The City shall be responsible for public
advertising.
17.' Charges and Rates. For services required to be performed
under this contract, the charges shall not exceed the following rates:
(a) November 1, 1982, to October 31, 1983. Residential
Rates. Twice per week residential collection service including free
Spring Clean-Up.
1) Thirty (30) gallon plastic bag at curb side.
$•90 per bag. Charge will be collected through the sale of
® the bags by Contractor.
2) One (1) thirty (30) gallon can at back door.
$13.00 per month per residence.
Commercial Rate: 13% maximum increase over rates in
effect on August 23, 1982.
(b) if the City has not adopted mandatory service by
October 31, 1983, the City shall select either twice per week resi-
dential collection or once per week residential collection in
accoMance with the following terms:
1) , Once per Week Service.
Residential Rates. Once per week residential
collection service including free Spring Clean-Up.
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a) Thirty (30) gallon plastic bags at
curbside. Charge will be collected through sale
of the bags by Contractor.
November 1, 1983, to October 31, 1984 - $1.00
® per bag.
Successive years subject to Rate Adjustment
clause.
b) One (1) thirty (30) gallon can at
back door.
November 1, 1983, to October 31, 1984 - $9.85
per residence plus Rate Adjustment for preced-
ing year.
Successive years subject to Rate Adjustment
Clause.
c) Two (2) thirty (30) gallon cans at
back door.
November 1, 1983, to October 31, 1984 - $13.00
per residence per month plus Rate Adjustment
• for preceding year.
Successive years subject to Rate Adjustment
Clause.
Commercial Rates.
November 1, 1983, to October 31, 1984 - Same
rates as charged. on August 23, 1982, plus 10%
increase plus increase per Rate Adjustment Clause.
Successive years subject to Rate Adjustment Clause.
(2) Twice per Week Service.
Residential Rates. Twice per week residential collection
service including free Spring Clean-Up.
1) Thirty (30) gallon plastic bag at curbside.
Charge will be collected through the sale of the bags by
Contractor.
November 1, 1983, to October 31, 1984 - $1.16 per bag plus
adjustment" from first year rate per Rate Adjustment Clause.
Each year thereafter adjusted per Rate Adjustment Clause.
O2) One (1) thirty gallon can at back door.
November 1, 1983, to October 31, 1984 - $14.45 per month
per residence plus adjustment from first year rate per
Rate Adjustment Clause. Ail, or~
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Commercial Rate. Adjusted per Rate Adjustment Clause for
November 1, 1983, to October 31, 1984, and each year thereafter.
(c) If mandatory service is adopted, rates for both
residential and commercial service shall be as negotiated at that time.
(d) Non-Accessible Locations. Buildings, either residential
or commercial in nature, so constructed as to be non-accessible by
normal collecting equipment shall be subject to rates negotiated
between the Contractor and the building owners and/or tenants.
(e) Special Haul Service. For items requiring special
handling due to size, weight, type of material, or method of place-
ment, the charges are to be negotiated between the Contractor and
generator prior to collection. If agreement cannot be reached, the
matter may be submitted to the City, and the City' s decision shall be
binding. The Contractor shall collect and dispose of Christmas trees,
if placed at curb, during the first two weeks of January, at no cost
to the customer.
18. Rate Adjustment Clause. Except as noted above the fees or
compensation payable to the Contractor for the second and subsequent
years of the term hereof shall be adjusted upward or downward to
reflect changes in the cost of doing business, as measured by fluctu-
ations in the Consumer Price Index (CPI) published by the U.S.
Department of Labor, Bureau of the Labor Statistics, for the St. Louis
area. Should statistics for the Central Missouri area become avail-
able, these statistics shall be used for determining the rate adjust-
ment. Unless otherwise specified in this contract, at the start of the
second year of the contract and every year thereafter, the fees or
compensation shall be increased or decreased by a percentage change
in the CPI computed as follows:
Subsequent years of the Contract shall be automatically adjusted ,
annually based upon the net change for the preceding twelve (12)
month period. The maximum rate of increase per year shall not
exceed ten percent (10%) per year. if CPI rate exceeds ten percent
(109'0) the Contractor shall receive ten percent (10%) rate increase plus
fuel adjustment increase based upon documentation submitted to and
approved by City Council. Total rate increase shall never exceed CPI.
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The Contractor shall submit a revised rate schedule to the City
Council forty five (45) days in advance of increase in rates. Such
reports shall contain the information listed above to justify increase.
The Contractor shall notify all customers thirty (30) days in advance
0 of any increase in rates.
19. Unusual Changes or Costs. The Contractor may petition the
City for rate adjustments at reasonable times on the basis of unusual
changes in his cost of doing business, such as revised laws, ordi-
nances, or regulations; changes in location of disposal sites or
changes in disposal charges.
20. Billings.
(a) The Contractor shall collect all charges from users of
its service, and may require the same to be paid by non-bag users
in advance, on a monthly or quarterly basis, and may refuse service
AARk to any user not paying such fees as required. Before service can be
refused, Contractor must have given at least two (2) notices , to the
user, with the second notice at least two weeks after the first notice,
and must allow a grace period of thirty days (30) after the second
notice before refusing service.
(b) On discontinuance of service for non-payment, the
Contractor may require a reinstatement charge equal to two months
service charge, in addition to the regular charges due, to reinstitute
service. In the event the user shall move from the City, the
Contractor shall refund, on request, the unearned portion of the
payment advanced for service.
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21. Routes and Schedules. The Contractor shall periodically
provide the City with schedules of residential collection routes at
least annually, and keep such information current at all times. In
the event of changes in routes and schedules that will alter the day
of pickup, the Contractor shall so notify each customer affected by
mail or news media.
22. Location of Commercial Containers. Bulk containers shall be
kept on the premises in a place near the street, readily accessible to
the collection vehicles. Honcontainerized businesses shall place solid
waste in authorized receptacles which shall be placed at a single
collection point, readily accessible to the collection crew and vehicle.
Bulk containers shall be kept on th(: private premises of the customer
in a location designated by the City. Requests to locate bulk
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containers on public right of way must be reviewed and approved by
the City. The City may refuse any or all such requests.
23. Contractor's Personnel.
(a) The Contractor shall assign a qualified person or
persons to be in charge of the operations in the City and shall
furnish name or names to the City; supplemented with information
regarding experience and qualifications.
(b) The City has the right to require that the Contrac-
tor's collection employees shall present a neat appearance and carry
proper identification.
(c) Each employee shall, at all times, carry a valid
driver's license for the type of vehicle he is driving.
(d) The City may request the dismissal or reassignment
to a non-route position of any employee of the Contractor who violates
any provision hereof, or who is wanton, negligent, or discourteous in
the performance of his duties.
(e) The Contractor shall provide operating and safety
training for all personnel.
(f) Wages for all employees of the Contractor shall equal
or exceed the minimum wages established by local, state or federal
governments for this area.
(g) No person shall be denied employment by the Con-
tractor on the basis of age, race, religion, color, sex, natural
origin or handicap.
24. Restrictions. The following restriction shall apply to the
operations of Contractor.
(a) Solid waste collections shall be made during the hours
specified in Chapter 18 of the City Code. No service will be provided
on Sundays except in time of emergency or to maintain schedules due
to holidays. Routes normally scheduled on a holiday will be collected
the next day. Customers shall be notified of holiday schedule changes.
(b) Contractor shall furnish to commercial users a
commercial solid waste collection service as may be negotiated by the
Contractor and the user, subject to the terms of this contract. Where
necessary to protect the public health, the City shall have the
authority to require, more frequent collections and require the user to
pay for such additional services.
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(c) The Contractor shall furnish containers for a reason-
able rental or maintenance fee at all businesses and other es-
tablishments which generate more than four (4) cubic yards of solid
waste per week, which container shall be picked up and emptied at
such times as shall insure adequate and sanitary solid waste services
at such locations.
(d) Employees of the Contractor shall not be required to
expose themselves to the danger of being bitten by vicious dogs in
order to perform their duties hereunder.
(e) The Contractor shall make collections of solid waste
with as little disturbance as possible. Solid waste cans shall be
thoroughly emptied and left at the premises where they are found.
Solid waste may be transferred from cans to tubs, hampers or other
receptacles when carrying solid waste to collection trucks or other
removal equipment.
25. Standard of Performance. If the Contractor fails to collect
the, solid waste materials herein specified for a period in excess of
seven (7) consecutive, scheduled working days or fails to operate the
system ih a satisfactory manner in accordance with this contract for
a similar period, the City - may take the following action (provided
such failure is not due to war, insurrection, riot, Act of God) .
(1) Terminate this contract.
(2) At the City's option, and upon the Contractor's
agreement, take over and operate any or all of the Contractor's
equipment used in the performance of this contract. The City may
then use and operate the equipment itself until such matter is
resolved and the Contractor is again able to carry out its obligations
under this contract. The Contractor shall be liable for any and all
operating expenses incurred by the City in so doing, and such'
expenses may be deducted by the City from any amounts it may have
collected on behalf of the Contractor. During such period, the City
may make collections of fees and charges on behalf of the Contractor
for the services rendered by the City.
' If the City exercises this option, the City shall assume
all liability for claims and demands arising out of the operation of
the service by the City.
If the Contractor is unable for any cause to resume performance
at the end of thirty (30) calendar days, the City may terminate this
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contract. The operation of this system by the City shall not release
the Contractor of any liability to the City for breach of this contract
® or for any claims arising out of the activities of the Contractor prior
to the take over by the City.
26. Bankruptcy. It is agreed that if the Contractor goes into
Bankruptcy Court either voluntarily or involuntarily, then this Con-
tract shall terminate effective on the day and at the time the
bankruptcy petition is filed.
27. Right to Require Performance. The failure of the City at
any time to require performance by the Contractor of any provisions
hereof shall in no way affect the right of the City thereafter to
enforce same. Nor shall waiver by the City -of any breach of such
provisions hereof be taken or held to be a waiver of any succeeding
breach of such provision or as a waiver of any provision itself.
28. Law to Govern. This Contract shall be governed by the laws
of the State of Missouri as to both interpretation and performance.
29: Compliance with Laws. The Contractor shall conduct opera-
tions under this contract in compliance with all applicable laws.
30. Illegal Provisions. If any provision of the contract shall
be declared illegal, void, or unenforceable, the other provisions
shall not be affected but shall remain in full force and effect.
31. Permits and Licenses. The Contractor shall obtain at its own
expense all permits and licenses required by law or ordinance and
�I maintain same in full force and effect.
32. Performance Bond.
(a) Within ten (10) days after the award of this con-
tract, the Contractor shall deposit with the City Clerk a performance
bond in the following amount:
November 1, 1982, to October 31, 1986 - $150,000.00
• November 1, 1986, to October 31, 1990 - $200,000.00
November 1, 1990, to October 31, 1994 - $250,000.00
Said performance bond shall guarantee the faithful performance of
Contractor's oblf.gations under this Contract, which bond shall be for
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the benefit of any person, firm or corporation (including the City) ,
suffering damage by reason of Contractor's failure to perform its
obligations hereunder. Said performance bond shall state that the
bonding company shall give the City 15 days written notice prior to
cancellation.
(b) In case of a bona fide dispute regarding compliance,
the Contractor may request a hearing before the City Administrator
within thirty (30) days after notification of non-compliance and
penalty by the Administrator. No action may be taken on said
performance bond until a hearing, if requested by the Contractor,
has been conducted. At such hearing, all parties may give evidence,
and the merits of the dispute will be decided. The City Administrator
AOL shall make public his decision, along with a statement reciting the
basis therefor. Within thirty (30) days of the issuance of the
decision, the Contractor may appeal in writing to the Council. At the
appeal hearing, the Contractor may contest the findings of facts or
interpretiation of controlling law, at which time the Council may
affirm, reject or modify the decision of the Administrator. The
affirmance, rejection or modification of said decision by the Council
shall be final.
(c) If said performance bond is to be cancelled or not
renewed, the Contractor shall have been considered to have breached
the contract, and the City shall have all lawful remedies.
33. Workers' Compensation Insurance. The Contractor shall pro-
vide and maintain during the life of the Contract Workman's Compensa-
tion Insurance, in accordance with the laws of the State of Missouri,
for all employees. A Certificate of Insurance shall be filed with the
City showing such insurance to be in force at all times. The
Certificate of Insurance shall contain a provision that the City will
be notified thirty (30) days prior to any change or termination of
insurance.
34. Liability Insurance. The Contractor shall provide and main-
tain during the life of the Contract Public Liability and Property
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Damage Insurance and Umbrella Coverage in the following amounts:
Public, Liability - $250,000 per person/$500,000 per accident
Property Damage - $100,000 per any one claim
Umbrella Liability - $1,000,000 with a $25,000 deductible and/or
base insurance
The insurance shall protect Contractor, its agents, and its employees
from claims for damages for personal injury, including wrongful and
accidental death and property damage which may arise from opera-
tions under the Contract, whether such operations are performed by
the Contractor or its employees. The policy or policies shall name the
City as additional insured and shall contain a clause that the
insurer will not cancel or decrease the insurance coverage without
first giving the City thirty (30) days notice in writing.
35. Automobile Insurance. The Contractor shall provide and
maintain during the life of the contract automobile insurance in the
same amounts as required under paragraph 34, Liability Insurance.
The policy or policies shall name the City as an additional insured
and shall contain a clause that the insurer shall not cancel or
decrease the insurance coverage without first giving the City thirty
(30) days notice in writing.
36. Indemnity. The Contractor will defend, save harmless and
exempt the City, its officers, agents, servants, and employees from
and against any and all suits, actions, legal proceedings, claims,
® demands, damages, costs, expenses, and attorneys' fees resulting
from injury to persons or damages to property out of work done in
the performance of the Contract. The City reserves the right to retain
counsel of its choice at its own expense, or, in the alternative,
approve counsel obtained by the Contractor.
37. Assignment and Sub-Letting. No assignment of the Contract
or any right occurring under this contract shall be made in whole or
part by the Contractor without the express written consent of the City
Council. In the event of any assignment the assignees shall assume
the liability of the Contractor. Any consent to any assignment may
only be done in writing, and only upon assumption by the assignee
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of all the Contractors rights and obligations.
38. Access to Records. The Contractor shall account for all solid
waste collections and charges therefor. The City of Jefferson shall
have the right to inspect and/or audit the Contractor's records to
verify the aforementioned collections and charges.
39. Point of Contact. All dealings, contact, notices, etc. ,
between the Contractor and the City shall be directed by the Con-
tractor to the Director of Planning & Code Enforcement or his duly
authorized representative.
40. Notice. A letter addressed and sent by certified United
States mail to either party at its business address shall be sufficient
notice whenever required for any purpose of this contract.
41. Effective Date. This Contract shall become effective and the
Contractor shall begin. collection of solid waste as covered herein on
November 1, 1982.
42. Modification-This contract constitutes the entire Contract and
understanding between the parties hereto, and it shall not be
considered modified, altered, changed, assigned or amended in any
respect unless in writing and signed by the parties hereto.
IN WITNESS WHEREOF the City and the Contractor have executed
this contract on (V A61 19 V 2-
City of Jefferson
By
ayor
ATTEST:
-Oft-y Clerk
Environmental Sanitation Management, Inc.
BY
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Title
ATTES
Se reta
(S Insurance Company of North America L CIGNA Insurance Company
❑ Aetna Insurance Company ❑ Century Indemnity Company
t ❑ Aetna Fire Insurance Company ❑
❑ Pacific Employers Insurance Company CIGNA Companies
Rider to be attached to and form a part of Bond Number K02402531
on behalf of ENVIRONMENTAL SANITATION MANAGEMENT, INC.
722 Dix Road, Jefferson City, Missouri 65102(Name)
(Principal),
(Address)
and in favor of City of Jefferson, Missouri (Obligee),
executed by the Company indicated above (Surety) in the amount of Two Hundred Thousand Dollars & 00/100---
Dollars ($200,000.00-7-1 effective 10/31/86 19 86
The Principal and the Surety hereby consent to changing the said bond as follows:
IT IS HEREBY AGREED AND UNDERSTOOD THAT THE BOND AMOUNT IS INCREASED TO:
$200,000.00 IN LIEU OF $150,000.00
qP
This change is effective October 31, 19 86
Nothing herein contained shall vary, alter or extend any provision or condition of the bond other than as above stated.
Signed, Sealed and dated this _ 6th _____ day of November 19 86
INSURANCE COMPANY F NORTH AMERI A
Mary C afire ick, Attorney—in—Fact
By
BS-4983b Form 630.91 Pld.m U.S.A.
isd WEIR OF Insurance Company of North Am®Nca •
AftOORNEY a C1GNA Company
Knoffllr all meta by those presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporation of the
C04 oriwealth of Pennsylvania, having its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution
adopted by the Board of Directors of the said Company on December 5. 1983,to wit:
AESOLVEO.Tnat cl rswni to Antis 3 18 and S t of Me ov•Laws !t•e lOUOwnq A,,,e,snae f7ow•n the e.ecul4m lot Ina CompN,r of bonds undart#V npf,recog^uancn co^Waco arO dune
"•wnpnq!•••heMtw#thrtpf .
,1, That the•res•OMt a^v Senbr V4e P•#sldert +^r V n P'esrOMl,anv Afs6lant VrCt P•uAt^!,w env AtlorMy m•FaC1 mnev#.*cute for and on benall of(,,a COmcanv Mr and a4 OOnas .na r-a% ,
•^gs^eCOVIIIIAM C001'41C7 and OMef wtd ngs n IM nature threat 1M same toot attested w^M^*cessarr far Ih#Cardoralt Sec,etary at any AsAstant Corporate Secretary.and the sea':!me
Comoany eRutd thYatO an0:.hat Me P,aw"t.My SeMor Y.Ce P•,,,dent am V,ce P•n4N^t or any AS4sUnI V,Ct P•es,0ant may ap00rnl and WMOnst any Otn,t Oft,Cet 1e+*ctea or aopor tea'a
•ate COrniam 41^0 AI!Ol-evs•4+-F*ct to s0 e.*caha 0•sliest to the e•*cuapn of ere suCh watmgs On beNlf of the Cornoary and 10 afh.the iaa/of lM Company lhN#to
,21 '• Ahv sueh wrong e.sculed.1 accyONCe wdn Mat#Plain shO Was b,nd^g upon Ina Company Aenv:ase as though syrtd by the Ples,dent and attested 10 by lM Cotpwat,StCretafv
$31 YN srgrature of the Presrdrnt.w a Senrof V ce Pras,dent.or a VrCe PtepOa^t Or an Airsts-1 Vte Pres as t and tM star Of IM Cotrosnv may tro sth.ed by tacv,,Aa on My valve!cf a!•or-er
. gryofea ev'suant 10 Ih.i Resolutro..and th#s gnstunt of•carOV-g OP-car and tM swl Oft"CoTOanv-41 be afh.ed 0v f&M MM t0 anvr Certd,cate of any such p0..1t,and ant sucn oowef a':e-
'�-.t,!•Care beayng sucn!at>'mN Sgnature andsue WODQ Vat�0 and 0•na++p On1M COmpanr •
tat sucn otnir Off"Is Of the Connotany it'd Atlorners•.n•Fact th ll have auMo•dV 10 Cert.ty or verily coves Of In,$Reso4l.On,the Ow-Laws Of the Company.and any af!,aavtl of•ecc•d of ire ea^•oatn
^acaasa!v to me Onchatpe of fnrofdubes
151 !:: t«rGSUgeofMaRtsautron00esnm•evotunvunerWMOtnvgrantedbr4esofutonsottne8oarootT'euonado0tadonJuneg.7953.Mar2B.1p75anaMarch13,v977't
does hereby nominate.constitute and appoint RICHARD J. SCHIMINGER, JOHN F. GRAHAM, L. CALVIN KREIGH, III,
DAV,ZD"W. _WESTERVELT, RD.RICHA C. GOFF, MARY CLAIRE FICK, all of the City of Lutherville, State
of;-Hax;yland-- --- -__!----
—----------------------—__________—____---__— ,each individually if there be more than one named,
o its true and lawful attorney-in-fact, to make,execute,seal and deliver on its behalf,and as its act and deed any and all bonds,undertakings,
recognizances,contracts and other writings in the nature thereof. And the execution of such writings in pursuance of these presents,shall
be as binding upon said Company,as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers
m of ttie Company at its principal office.
W IN WITNESS WHEREOF,the said H.F. McCranie,Jr.,Vice-President,has hereunto subscribed his name and affixed the corporate
seal of the said INSURANCE COMPANY OF NORTH AMERICA this 9th _
Z day of JANUARY 19 $S__
a INSURANCE COMPANY OF NORTH AMERICA
.
f j by (�itu/�uI
Vice-President
COMMONWEALTH OF PENNSYLVANIA ..
z COUNTY OF PHILADELPHIA ss.
F
On this 9th day of JANUARY A.D. 19 85 ,before me,a Notary
Public of the.Commonwealth of Pennsylvania in and for the County of Philadelphia came H.F. McCranie, Jr., Vice-President of the
INSURANCEE COMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding in-
strument aoTttt ledged that he executed the same, and that the seal affixed to the preceding instrument is the corporate seat of
said'C corporate seal and his signature were duly affixed by the authority and direction of the said corporation,=and
that Ig1� op�ro¢ Board of Directors of said Company,referred to in"the preceding instrument,is now in:force.
EST[MONtf� H I OF, I have hereunto set my hand and affixed m official-seal at the City of.,Philadelphia the''day and year
tin t ablwritte&F
9-` 10Ad T.f%AREY Notary Pu61Ic / Notary Public
IS L1 '� Phlfadelphla,Philadelphia.Coun OAN T CASEY
Y Come,
�: SY��Q,� �L M . . Ss`orE•pta; l:.h'11��Pg % . ' -'• . : . ' � . -• . . •
t� ecretary of INSURANCE COMPANY OF NORTH AMERIC,Aa do hereby certi fy that the origlnaLPOWER
OF ATT Xf he foregoing is a full, true and correct copy,is in fLill Force and effeEi.. -
In witness whereof, I ayyee hereunto subscribed my n me as Secretary, and affixed the corporate se I of the.Corporation,-
ttiis, fith day of ovember.
{SEAL► i
i- Janles S.WYtlte Secretary.
ar't5579b' PItl;1n U S A.
• /� i ..j/ �•.%!: �'•���� .:.j.�,�V%:`ii 'vim. �� •;�!��
THE AMERICAN INSTITUTE OF ARCHITECTS
10 KO 24 02 53 1
AIA Document A311
Performance Bond
® KNOW ALL MEN BY THESE PRESENTS: that ENVIRONMENTAL SANITATION MANAGEMENT, INC.
Mao 1 wrt foil o W K*mu a Maal MW of 0mba fto
® as Principal, hereinafter called Contractor, and, Insurance Company of North America, 1600 Arch Street,
Philadelphia, Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania as
Surety, hereinafter called Surety, are held and firmly bound unto
City of Jefferson, Missouri Mm Inurt fW1 aw ad norm«Iml bus of Cow"
as Obligee, hereinafter called Owner, in the amount of
One Hundred Fifty Thousand Dollars & 00/100-------------Dollars ($ 150,000.00----- ),
-for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
J -
WHEREAS,
Contractor has by written agreement dated 1st. NovembdS 86, entered into a contract with Owner for
SOLID WASTE COLLECTION AND DISPOSAL
in accordance with Drawings and Specifications prepared by
(Mrs Mort toll aoan am NMau a Iapl fltM of AMmbm
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AIA DOCUMENT A311 • PERFORMANCE BOND • FEBRUARY 1970 ED.
BS-7581 Printod In U.S.A.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform
said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or defaults under the contract or contracts of completion
extension of time made by the Owner. arranged under this paragraph) sufficient funds to pay the
Whenever Contractor shall be, and declared by Owner cost of completion less the balance of the contract price;
but not exceeding, including other costs and damages
to be in default under the Contract, the Owner having amount
performed Owner's obligations thereunder, the Surety for which the Surety may ra liable hereunder,m "balance
may promptly remedy the default, or shall promptly set forth in the first paragraph hereof. The term balance
of the contract price," as used in this paragraph, shall
1) Complete the Contract in accordance with its terms mean the total amount payable by Owner to Contractor
and conditions,or under the Contract and any amendments thereto, less
the amount properly paid by Owner to Contractor.
a it Obtain a bid bids for completing the Contract e- Any suit under this bond must be instituted before
termination by Surety of the lowest responsible bidderr,,
accordance with its terms and conditions, and upon d the expiration of two (2) years from the date on which
final payment under the Contract falls due.
or, if the Owner elects, upon determination by the
Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or for
bidder, arrange for a contract between such bidder and the use of any person or corporation other than the
Owner, and make available as Work progresses (even Owner named herein or the heirs, executors, adminis-
though there should be a default or a succession of trators or successors of the Owner.
Signed and sealed this 1ST, day of November 19 86
ENVIRONMENTAL SANITATION MANAGEMENT, INC.
9 (Principal) (Seal)
(WJtn S)
s��rt7-
(Title)
' INSURANCE COMPANY OF NORTH AMERICA
M (Surety) (Seal)
(WJ ss) n l ' n
Mar Die (,(Jj.,(,
Mary Claire FA k, (Title) Attorney—in—Fact
AIA DOCUMENT A311.-.PERFORMANCE BOND • FEBRUARY 1970 ED.
po�►e�of Insurance Compony of North Amefk o a
l4' '1"oRl�l�Y a CIGNA compony
ltnfbw all men by these presents: That INSURANCE COMPANY OF NORT"AMERICA,a corporation of the
Cott Monwealth of Pennsylvania, having Its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution
adobled by the Board of Directors of the said Company on December 5, 1983,to wit;
Res&YE0,Tnas ai,"ml t0 Ancft 3 18 and S 1 at IN Or Laws.:ra louowmg A fat Snail gova,n the fyacut•On$at IM ComOanv at bonds u"Oertes op.recogt"wcn cttmractl 4"girt(
Af•t•r!Qf't`•'M na1J,01Mttp1'
.1i Ynat ten P•es Dail inY 8e^of YKt PMS4e^( CA.V cc Pttidty,any Assistant Vice P•ssidl^:.O,any Aflornev-.Fact may t.aeuts for and on Wall of t^t Comciony any ana a.Oonas -^ot,v..
•Ops.%cagraancn.:arTet:s erd OtNr wnlmgf m I""all's m4mof the faro t0 w etlnled won^KtlH,y Dy Me CO,POrafe SeC,elAry Or any AUdttnl Corao,ale Sacnta•v.and t'v Sea::'the
eon`wi,atfuea tner/:0 and tnot the 0.0s4"t,any Ser,Or vice P-tmtnt any V.cs P-oto Pt or A,y Atrs'stanl Vice P,e64enl may soptsvtt and auMOr,ta any ottw olhm 4e4Cltd O,soprled'of
•"e CoToany,and AttO„trf-•o•f K%tO to e.acJt1 a•Attest 10 Ina s.etuhon of all sue„w,Amgs an bloat,of ten co n(tary and to albs 1M seal of she coif it 1nemo
121 IneN,A;wl mall to as Dina ng upon lM Co W v in aM cast as fnough f"d by the Prtfbtnl and alfntto to by the CO•bo,ate Secretary
31 - Tne S•grature of IM Pres44linl,Or•Senior V,CV Preydent.or a V ce hies nt.at an Afsistant Vve Prtsrdent and Ina fail(of tnt Cornwny may be elb.so by facsimile On anv tower of wits-ev
0tantea pursuant to Sirs Atsoiutlok 4r'4 Ms signature Of a arldw-9 Officer and the seat of In/COT08nv Tar W a4gep br IaCS,T,N t0 Arny CPnLcate of any Suen bowsr.and anv fact.Dowel or
I-!
iCA19 baa„ng suC11'46011rh""futtand 11/18111160 be vatd and amts^g an ins Co,hwny
A. Sue”Otna OflrCats of ten Ca,noany:and Att~—.n•Fact Via"htve tulno"Iv!a cemfl,0,vehly COpM Of Ina ResotulAn,ten 6yLAws Of lM COMOAn1.and any al/48.11 d„ewd o!the Ca°aan.
,. ,"514•v to tnA a,aahA,ge of tne,f4ut.fts
me wssageot MO ReSPVt,pn do”,not revllt/any early.Au Monty granted by gnolVt.Onl at the Board at r),•eCfor$aGoot0d on June 9;1953.May 25.1975 and Mal Ch 23.1917
does hereby nominate,constitute and appoint RICHARD J. SCHIMINGER, JOHN P. GRAHAM, L. CALVIN KREIGH, III,
DAVTD'.W. ,WESTERVELT, RICHARD C. GOFF, MARY CLAIRE PICK, all of the City of Lutherville,. State
o ;Maryland,.–_..:_. ----------------------------------------------------------------------
o —_N-------------—--------—__._ ,each individually if there be more than one named,
o its true and.lawful,attorney-in-fact, to make,execute,seal and deliver on Its behalf,and as its act and deed any and all bonds,undertakings.
Mft recognizances,contracts and other writings in the nature thereof. And the execution of such writings in pursuance of these presents,shall
be a's'bind ing.upon said Company,as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers
m of the Company at its principal office.
W IN WITNESS WHEREOF,the said H.F. McCranie,Jr., Vice-President,has hereunto subscribed his name and affixed the corporate
z seal:of the said INSURANCE COMPANY OF NORTH AMERICA this 9th
day of," JANUARY 19-Ri_
z :
E ; INSURANCE COMPANY OF NORTH AMERICA
.1 n
i f by.- f C'✓tct
Vice-President
N COMMONWEALTH OP PENNSYLVANIA ... ..
COUNTY OF PHILADELPHIA ss.
On this' 9th day of JANUARY' ,A_-.0. 19:8x,before me,`a'Notary
Public of the Commonwealth of Pennsylvania in and for the County'ofP.hiladelphia carpe H.F McCrnnfe Jr.,,.Vice-President of the
INSURANCE COMIPAN. Y 0F NORTH AMERICA to me personally known to be the individual and officer:who executed the preceding in-.
Strument a (edged thathe'executed the same, and.that the seal affixed to the preceding instrument-is the corporate sisal'of
said C ' li corporate seal and ms;signature were duly affixed by the authority end direction of the said corporatfon;:and
that I� dpftec} Soard of-0-itectors,cf said Company,referred to in:the preceding,fristrumept'isnow in.force.
ESTIfv10N H EOF;I have hereunto set my hand and affixed m`offfclal-spal at the C1ty nf.Phfladglphia tfje dad and•year.
hr ta writte�F S J
JOAN T.CAREY ,
1
fS Lt 'n ��1��� PbJlodelphla 1h defN����k OAN T. C� F� NotatY('ubllc
.�•� . MY COmhiSS'Qn Er rpht?!
Q �.SYL�' �J� \
ecretary of INSURANCE COMPAN x&OF'NORTH,AMER* 'do hJ et9py c�rt�(y that the grlginakPOVUEti
' V.,.-,is'ii fu ll f orce'and ee e forgoig s 1lOF a .fu true a dcotr act pl f
;
In witness•whereof I have her @unto subscribed'my-'name as'Secretary;apd'AffiAd,th3 corpotate seal/Qf toil;CorpoJailon % \
this 1,$T�; day of November'
. ` .\.1• �. �'j• ; ire L�
�;- ;tarn @s s VIly1110 v .�\.,;'\✓ �\✓ -� :;. /� \SeC^81ary.�
`i.', ., .,�F.,. \.; ,��• '�.%..;:.:i ,i/..\�i mow,•' \`
Al
8S:1 va No inu3A ' i� y •�� / \. \ /�.•.y/\ 'i ��J\\�//\v% jib\i ��//� i;� /%\�J