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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. f 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 i I 1� f 1� 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. -2- 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. -3- 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 -4- 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, -5- 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. -6- (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. -7- 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~ A V'^/ o"T 0.P d 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. -9- 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. AMh 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 -10- 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. -il- (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 -12- 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 -13- 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 -14- 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 -15- M ' . 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 I 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