HomeMy Public PortalAboutORD14486 BILL NO. 2008-138
SPONSORED BY COUNCILMAN MEDIN
COSPONSORS: COUNCILWOMEN CARROL & LAYTON
AND COUNCILMAN PENFOLD
ORDINANCE NO. [ `N D b
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF
JEFFERSON AND ALLIED WASTE SERVICE, LLC FOR SINGLE-STREAM TRASH AND
RECYCLING SERVICES.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute an agreement with Allied Waste Service, LLC for Single-Stream Trash and
Recycling Services.
Section 2. The agreement shall be substantially the same in form and content as
the agreement attached hereto as Exhibit 1.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: 4y. �'�-- � °' Approve
�
P iding Officer %� Mayor
A T T ST: APPROVED AS jO FORM:
f
City Clerk City Counselor
SOLID WASTE AND RECYCLABLE MATERIALS
COLLECTION AND REMOVAL CONTRACT
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Table of Contents
Definitions....................................................................................................................................................................4
Grantof Ri tts. ............................................................................................................................................................ 7
Collectionof Solid Waste......................................................................................................................................... 7
Exclusivityof Yard Waste Collection. ..................................................................................................................... 7
CompostSite. ..........................................................................................................................................................7
Exceptions................................................................................................................................................................. 7
Exclusivity................................................................................................................................................................ 8
Termof Contract........................................................................................................................................................... 8
CityObligations............................................................................................................................................................ 8
City.to Require Universal Trash Service.................................................................................................................. 8
Provide Residence Information................................................................................................................................. 8
Reasonable Efforts to Inform Public......................................................................................................................... 8
Contractor's Obligations............................................................................................................................................... 8
Collections. Times per Week.................................................................................................................................... 8
Collections.Time of Day.......................................................................................................................................... 8
Litterine.................................................................................................................................................................... 9
ArticlesRequired to be Collected.............................................................................................................................9
UnusualMaterials......... .............................................................................................................................................
.......9
Comlaints..................... n . .................
Disposal in A roved M .......... ......................
10
Drop-Off Location...................................................................................................................................................... 10
AlternativeEnergy Projects........................................................................................................................................ 10
Equipment................................................................................................................................................................... 10
Office.......................................................................................................................................................................... 11
Routesand Schedules................................................................................................................................................. 11
Publicity...................................................................................................................................................................... 11
Single Family Residential Service.............................................................................................................................. 11
Curb-side Recycling. .............................................................................................................................................. 12
SolidWaste............................................................................................................................................................. 12
Frequency............................................................................................................................................................... 12
YardWaste.optional.............................................................................................................................................. 12
CompostSite........................................................................................................................................................... 12
SpecialService for the Disabled................................................................................................................................. 12
Apartmentand Commercial Users.............................................................................................................................. 12
LargeItems,................................................................................................................................................................ 13
SpringClean-up...................................................................................................................................................... 13
BulkyItem Pick-up................................................................................................................................................. 14
Household Hazardous Materials Dro.-Off................................................................................................................. 14
CityFacilities.............................................................................................................................................................. 14
Charges and Rates............................................ ....................... 15
....................................................................................
ResidentialRates. ................................................................................................................................................... 15
Apartment and Commercial Customers.................................................................................................................. 15
RateAdjustment. .................................................................................................................................................... 15
Non-Accessible Locations....................................................................................................................................... 15
SpecialHaul Service:.............................................................................................................................................. 15
UnusualChanges or Costs...................................................................................................................................... 15
OptionalPricing.......................................................................................................................................................... 16
RoadUse Fee.............................................................................................................................................................. 16
FuturePlanning Fee.................................................................................................................................................... 17
Billings........................................................................................................................................................................ 17
ContractorsPersonnel................................................................................................................................................. 17
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Restrictions................................................................................................................................................................. 18
Termination,Breach. Cancellation, and Remedies..................................................................................................... 18
Failureto Perform................................................................................................................................................... 18
Bankruptcy_............................................................................................................................................................. 19
Rightto Require Performance. ............................................................................................................................... 19
CancellationClause................................................................................................................................................ 19
Indemnitv....................................................................................................................................................................20
Limitationon Liabilitv................................................................................................................................................20
Permitsand Licenses. .................................................................................................................................................20
PerformanceBond......................................................................................................................................................20
Insurance.....................................................................................................................................................................21
Requirements..........................................................................................................................................................21
Subcontracts............................................................................................................................................................21
Assignmentand Sub-Letting. .....................................................................................................................................21
Accessto Records.......................................................................................................................................................21
Measurementof Waste...............................................................................................................................................21
Permits........................................................................................................................................................................22
NondiscriminationClause...........................................................................................................................................22
Compliancewith Laws...............................................................................................................................................22
Pointof Contact..........................................................................................................................................................22
WrittenNotice. ...........................................................................................................................................................22
EffectiveDate.............................................................................................................................................................23
Modification. ..............................................................................................................................................................23
IndependentContractor...............................................................................................................................................23
LeachateServices of City. ..........................................................................................................................................23
MiscellaneousProvisions...........................................................................................................................................23
ForceMaieure.........................................................................................................................................................23
Captions..................................................................................................................................................................23
DisputeResolution..................................................................................................................................................23
NoWaiver of Breach..............................................................................................................................................23
GoverningLaw.......................................................................................................................................................23
Venue......................................................................................................................................................................24
Conflictof Interest..................................................................................................................................................24
Interpretation...........................................................................................................................................................24
Inteeration:Amendment.........................................................................................................................................24
Severabilitv.............................................................................................................................................................24
Waiver. ...................................................................................................................................................................24
Attorneys'Fees........................................................................................................................................................24
CorporateAuthority................................................................................................................................................25
Sep arate Counterg arts:Electronic Delive:. ...................................................................................
Exhibit A(Apartment and Commercial Rates)...........................................................................................................26
Exhibit B(Insurance Requirements)...........................................................................................................................27
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SOLID WASTE AGREEMENT
THIS CONTRACT is executed by and between the City of Jefferson, Missouri,hereinafter
called "City," and Allied Services, L.L.C., a Delaware limited liability company, dba Allied
Waste Services of Jefferson City,hereinafter- called "Contractor."
In consideration of the premises hereof, the mutual agreements, and covenants hereinafter
expressed, City, for itself, its successors and assigns, and Contractor, for itself, its successors and
assigns, intending to be legally bound, hereby agree as follows:
1. Definitions. The meanings of all terms used in this Agreement shall be the same as those
terms defined in Section 30-1 of the City Code, unless otherwise specifically defined in this
Agreement. In addition, the following words shall have the meanings set out below:
1.1. "Apartment" shall mean a multiple family residential building containing three or more
separate living units including,but not limited to, triplexes.
1.2."City" shall mean the City of Jefferson City, Missouri, a municipal corporation.
1.3."City Code" shall mean the City Code of the City of Jefferson City, Missouri
1.4. "Comercial"means any building used for human occupancy, including but not limited to
production or fabrication of products and retail uses, which is not a single family
residence, duplex, or apartment building.
1.5. "Containerized Business" shall mean any business, multi-dwelling or other structure
whose Solid Waste is deposited in an approved container for removal by the contractor.
1.6."Contract" shall mean the formal written agreement between the City and the Contractor
to perform scope of work defined in this RFP.
1.7."Contractor" shall mean Allied Waste Service, L.L.C..
1.8. "Duplex" shall mean a detached two (2) family structure designed or intended for
occupancy by two (2) families.
1.9. "Hazardous Waste" shall mean any waste which:
1.9.1. is defined as such by the laws of the United States and/or the State of Missouri
and/or the regulations promulgated thereunder; or
1.9.2. because of its quantity, concentration, or physical, chemical, or infectious
characteristics may cause or significantly contribute to an increase in mortality or an
increase in serious, irreversible, or incapacitating reversible, illness; or pose a
substantial present or potential hazard to human health or the environment when
improperly treated, stored, transported, or disposed of, or otherwise improperly
managed; or
1.9.3. is identified or listed as a hazardous waste by the administrator, U.S.
Environmental Protection Agency(hereinafter called"EPA"), pursuant to the
Federal Solid Waste Disposal Act, a amended by the Resource Conservation and
Recovery Act of 1976, and the Hazardous and Solid Waste Amendments of 1984,
42 U.S.C. § 2601 et. seq.
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1.9.4. is required to be accompanied by a written manifest or shipping document
describing the waste as "hazardous waste", pursuant to any state or federal law,
including, but not limited to the Federal Sold Waste Disposal Act, as amended by
the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. §
2601 et.seq. and the state and federal regulations promulgated thereunder; or
1.9.5. contains polychlorinated biphenyls or any other substance, the storage, treatment
or disposal of which is subject to regulation under the Federal Toxic Substances
Control Act as amended, 42 U.S.C. §9601 et. seq. and the state and federal
regulations promulgated thereunder; or
1.9.6. contains a"reportable quantity"of one or more"hazardous substances", as
defined in Response, Compensation and Liability Act as amended and the state and
federal regulations promulgated thereunder or as defined under any other state or
federal law and the regulations promulgated thereunder; or
1.9.7. contains a radioactive material the storage or disposal of which is subject to state
or federal law and the regulations promulgated thereunder.
1.10. "Industrial" shall mean establishments generating waste accumulations of metal, metal
products,minerals, chemicals, rock, etc.
1.11. "Landfill Site" shall mean the Land Reserve and Recovery Sanitary Landfill owned and
operated by Contractor.
1.12. "Mandatory Service User" shall mean a the owner or occupant of a building for which
City ordinances require that there be a contract for service with the Contractor.
1.13. "Multiple Family Dwelling" a structure which is designed for three or more family
dwelling units.
1.14. "Newspapers" shall include all newsprint items and inserts delivered with newspapers in
the course of delivery.
1.15. "Noncontainerized Business" shall mean any business, apartment, or other structure
whose Solid Waste is deposited and collected by means other than a container.
1.16. "Pick Up Load" shall mean a standard one-half('/2) ton pickup truck full to the height of
the truck bed only. It does not include risers or sides of the truck bed as those terms are
used in the industry.
1.17. "Recyclable Materials" shall mean all newspapers, cardboard,bi-metal cans, tin cans,
aluminum, clear plastic high density polyethylene (HDPE)milk containers, clear and
green plastic polyethylene terephthalate (PETE) drink containers, and such other
materials as Contractor may choose are economically viable to extract from solid waste
for reuse in the same or another form.
1.18. "Solid Waste"or"Solid Wastes" shall mean all putrescrible and non-putrescrible
combustible, and non-combustible materials discarded by private and commercial
residents located within the geographical boundaries of the City and collected by Current
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Contractor or Contractor, including but not limited to, solid and semisolid waste
materials resulting from domestic and commercial activities such as rubbish, household
waste, wood scraps, glass,bedding, residential building materials,household items, and
street sweepings,but does not include major appliances, including clothes washers and
dryers, water heaters,trash compactors, dishwashers,microwave ovens, conventional
ovens, ranges, stoves, woodstoves, air conditioners, refrigerators and freezers, waste oil,
lead acid batteries, tires or any Hazardous Waste or Special Waste as herein defined or
any other waste defined as"toxic waste"or other solid waste not permitted to be
disposed of in landfills in the state of Missouri by applicable state, federal or local
statutes,regulations or ordinances. The term"Solid Waste,"as used herein, shall not
include Yard Waste. The term"Solid Waste" shall include recyclable materials when
disposed of in containers identified for solid waste collection.
1.19. "Special Waste" shall mean any waste which is:
1.19.1. Defined as such by the laws of the United States and/or the State of
Missouri and/or the regulations promulgated thereunder; or
1.19.2. Medical waste, including infectious or pathological waste from
laboratories, research facilities, and health and veterinary facilities; or
1.19.3. Dead animals and/or slaughterhouse waste; or
1.19.4. Sludge waste, including water supply treatment plant sludge and stabilized
and/or unstabilized sludge from municipal or industrial wastewater treatment
plants; or
1.19.5. Liquid waste, which for the purposes of this Agreement means any waste
material that is determined to be or contain"free liquid"by the paint filter test
(EPA Method 9095); or
1.19.6. Waste from an industrial process; or
1.19.7. Waste from a pollution control process; or
1.19.8. Waste transported in a bulk tanker; or
1.19.9. Friable and/or non-friable asbestos waste; or
1.19.10. Empty containers other than household containers which have been used
for pesticides,herbicides, fungicides, or rodenticides; or
1.19.11. Containerized waste(e.g., a drum,barrel,portable tank,box,pail, etc.) of
a type listed in this definition; or
1.19.12. Residue or debris from the cleanup of a spill or release of chemical
substances, commercial products or other waste listed in this definition; or
1.19.13. Soil, water, residue, debris or articles which are contaminated from the
cleanup of a site or facilities formerly used for the generation, storage, treatment,
recycling, reclamation or disposal of wastes listed in this definition, including soil
contaminated from underground storage tanks used or formerly used for the
storage of petroleum products; or
1.19.14. Residential wastes, only if a change in rule, code, ordinance, permit, or
permit condition, occurs after the effective date of this Agreement which requires
special or additional management differing from the requirements applicable on
the effective date or this Agreement; or
1.19.15. Any waste that requires other than normal handling, storage,management
and/or disposal.
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1.20. "Solid Waste Containers" shall mean trash containers, carts, or cans.
1.21. "Drop Off Site" shall mean a facility located in City's limits designed to accept solid
wastes for transportation to a landfill or recyclable materials for recycling.
1.22. "Cart" shall mean a container on wheels whose main purpose is to store solid waste (or
recyclables or yard waste where applicable)prior to its removal by the Contractor and
which meets accepted industry standards.
1.23. "Triplex" shall mean a detached three (3) family structure designed or intended for
occupancy by three (3) families.
1.24. "Yard Waste" shall mean grass clippings, leaves, yard and garden vegetation and
Christmas trees. The term does not include stumps,roots, or shrubs with intact root
balls.
2. Grant of Rights.
2.1. Collection of Solid Waste._ The City grants to the Contractor 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 grant and the obligations connected therewith, including any
obligations set forth in Chapter 30 of the City Code.
2.2. Exclusivity of Yard Waste Collection. The City grants to the Contractor the exclusive
right to collect yard waste, transport and dispose of from receptacles placed on city right
of way.
2.3. Compost Site. The City grants to the Contractor the right to operate a yard waste drop off
/composting facility, and further the City will not contract with any other entity to
operate such a facility nor subsidize any similar facility.
2.4. Exce tip •ons. No provision of this Contract shall be interpreted to prohibit
2.4.1. the disposition of garbage in an approved mechanical garbage disposal
unit; or
2.4.2. the disposal of garbage in an incinerator enclosed within a building and
approved by the Health Officer, as defined in Chapter 30 of the City Code; or
2.4.3. the removal by any person of his own solid wastes and disposal thereof at
the disposal area of the Contractor or on the owner's premises in a sanitary
manner to prevent a nuisance or hazard to the health of the public; or
2.4.4. a commercial or industrial establishment from contracting with a company
which collects solid waste for separation and recycling; or
2.4.5. the removal by a person of his own solid waste and disposal thereof with a
company which collects solid waste for separation and recycling, so long as such
person has an existing solid waste contract for service with Contractor.
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2.5. 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.
2.6. Exclusivity. The City shall not enter into another contract for Solid Waste collection
services for the period in which this Contract is in effect except as provided elsewhere in
this Contract.
3. Term of Contract. This Contract shall be in effect for a period of six (6) years, beginning
November 1, 2009, and ending October 31, 2015, provided that neither party terminates the
Contract as provided herein. Either party may request renegotiation of this Contract at any
time. During any periods of renegotiation the Contract terms shall remain in full force and
effect as set out herein.
4. CitesObligations.
4.1. Citv to Require Universal Trash Service As a condition of this contract, City obligates
itself to enact an ordinance which requires all single family residences, duplexes,
triplexes, and apartments to provide for trash service for that each residence using the
Contractor's services to collect. If the City elects not to enact such an ordinance, this
contract shall be terminable by the Contractor.
4.2. Provide Residence Information. Within 60 days after contract award, provide
Contractor with a list of single-family and duplex residences within the City,based on
City GIS information.
4.3. Reasonable Efforts to Inform Public. City will make reasonable efforts to inform the
public not to utilize the spring clean up collection program for disposal of normal
household garbage and trash.
5. Contractor's Obligation s
5.1. Collections Times tier Week. All persons owning or occupying a place of residence in
single, or duplex family dwellings shall be provided regular solid waste collection
service one time 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.
5.2. 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 and Apartment collections shall be
made between the hours of 5:00 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 adjoining residential areas.
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5.3. 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.
5.4. Articles Reouired to be Collected. Contractor shall pick up all permissible Solid Waste
placed in appropriate containers. Contractor shall not be required to collect any solid
waste that has not been placed in approved containers, except as provided in the other
provisions of this Contract. If Contractor discovers any Hazardous Waste before it is
collected, Contractor may refuse to collect the entire container of waste. In such
situations, Contractor shall contact the City and the City shall undertake appropriate
action to ensure that such Hazardous Waste is removed and properly disposed of by the
depositor or generator of the waste. In the event any Hazardous Waste is not discovered
by Contractor before it is collected, Contractor may, in its sole discretion, remove,
transport and dispose of such Hazardous Waste at a location authorized to accept such
Hazardous Waste in accordance with all applicable laws and charge the depositor or
generator such Hazardous Waste all direct and indirect costs incurred due to removal,
remediation,handling, transportation, delivery and disposal of such Hazardous Waste.
The City shall provide all reasonable assistance to Contractor to conduct an investigation
to determine the identity of the depositor or generator of the Hazardous Waste and to
collect the costs incurred by Contrator in connection with such Hazardous Waste.
Subject to the City's providing all such reasonable assistance to Contractor, Contractor
shall release City from any liability for any such costs incurred by Contrator in
connection with such Hazardous Waste, except to the extent that such Hazardous Waste
is determined to be attributed to the City.
5.5. 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.
5.6. Complaints Contractor shall establish a written procedure for handling customer
complaints. The procedure shall incorporate the following provisions and be subject to
City approval:
5.6.1. Notification of Customers: Contractor shall agree to notify all customers
about complaint procedures, rates, regulations, and day(s) of collection. The
format of the notice shall be as approved by the City. Contractor shall establish a
written procedure for handling customer complaints. The procedure shall be
subject to City approval.
5.6.2. C_omt)laint Resolution. All complaints shall be resolved within two
working days. The Contractor shall prepare a form or maintain a register in his
office of all complaints on a form approved by the City, and indicate the
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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 annually.
5.7. Disposal in Awroved Manner. All solid waste collected by the Contractor or accepted
for disposal shall be hauled to a facility legally empowered to accept it for treatment or
disposal. The Contractor shall observe and comply with all requirements of the State of
Missouri. All recyclable materials collected in recycle containers shall be disposed of by
delivery to a facility capable of sorting and recycling such materials unless such facility
refuses to accept the materials due to contamination.
5.8. Drop-Off Location.
5.8.1. Trash and Recycling Drop Off Station Open to Public. Contractor shall
operate a Trash and Recycling Drop Off station which shall be open to the public
from 7:00 A.M. to 3:00 P.M., Monday through Friday and Saturday from 7:00
A.M. to 3:00 p.m.. Said Drop Off Site shall be closed on the following holidays:
New Year's Day
Memorial Day
Fourth of July
Labor Day
Thanksgiving Day
Christmas Day.
5.8.2. Location. Trash and Recycling Drop-off area shall be located inside City
limits on a paved road.
5.8.3. Fees. Contractor shall establish a fee schedule for carload,pickup truck
load, and per ton deliveries of Solid Waste.
5.9. Alternative Energy Projects. Cooperate with the City in the evaluation and
implementation of emerging technologies for the recovery of energy and/or materials
from solid waste if and when the City makes a preliminary decision to pursue such
technologies.
5.10. Equipment. The Contractor shall have available at all times, in good working order,
such equipment as shall permit the Contractor to perform its duties hereunder adequately
and efficiently. The following specific requirements shall apply to Contractor's
equipment:
5.10.1. Equipment shall be purchased from known and recognized manufactures
of solid waste collection and disposal equipment.
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5.10.2. Solid waste collection equipment shall be of the enclosed load packer type
and all equipment shall be kept in good repair and appearance and in a sanitary
and clean condition at all times.
5.10.3. 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 at least once each week and shall be
painted as often as may be necessary to preserve an acceptable appearance to the
City.
5.10.4. The Contractor shall have available 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 in the normal performance of
its duties.
5.11. Office. The Contractor shall establish and maintain an office within the City where
services described herein may be applied for, and complaints can be made. The office
location shall be easily accessible to the public and shall have adequate off street parking
to accommodate normal levels of activity. It shall be equipped with sufficient
telephones and shall have a responsible person in charge during collection hours. The
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
7:00 A.M. and 11:00 a.m. on Saturday. of each week when not a legal holiday.
5.12. Routes and Schedules . The Contractor shall periodically provide-the City with
schedules of residential collection routes,but not less than 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.
5.13. Publicity.
5.13.1. Contractor shall provide a program to promote recycling in the City as
approved by the City.
5.13.2. Contractor shall provide public advertising, as approved by the City, for
bulky item and household hazardous waste collection programs.
5.13.3. News releases pertaining to the work under the Contract shall not be made
without prior approval by the Director of Community Development.
6. Sinjzle Family Residential Service.
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6.1. Curb-side Recycling. Contractor shall provide each applicable dwelling with an industry
standard sixty-five (65) gallon cart(minimum) for storage of recyclable materials. Any
changes to "recycled materials" as defined in this RFP shall be approved by City.
6.2. Solid Waste. Contractor shall provide maximum ninety(95) gallon carts,with the
option to reduce the size to sixty five(65) gallon containers during the course of the
contract, for storage of solid waste.
6.3. Frequency. Contractor's residential rate shall include once per week collection of
recyclable materials and once per week collection of Solid Waste.
6.4. Contractor shall pick up carts and containers near customer's property line at a point that
is reasonably convenient for pick up.
6.5. Contractor shall, for residential users requiring more than 95 gallons of solid waste
disposal capacity in a week, make available, for an additional fee additional containers.
6.6. Design, delivery method, and purchasing method of all carts and containers will be
approved by City in advance.
6.7. Collections shall be made in residential areas only 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, or extreme weather conditions when approved by the City.
6.8. Yard Waste, optional. Contractor shall, for a customer paid fee,provide for curb site
pick up of yard waste, as a customer option. This provision shall not become effective
until at least 1400 residential customers agree to contract for the service.
6.9. Compost Site. Contractor shall, for a customer paid fee,provide a yard waste drop off
site within the city limits for use by City residents.
7. . Special Service for the Disabled. Upon proper verification, a disabled residential
customer will be permitted to obtain service at the regular curbside rate and place his or her
carts at a location convenient to the disabled customer, and the carts will be collected by the
Contractor. Prior to receiving this special service, the applicant will be required to complete
an application verifying the condition which prevents the person from moving the carts to the
curbside, and verifying that no other person lives in the household who is capable of moving
the carts to the curbside. The Contractor may require verification by a physician of the
condition which prevents the person from moving the carts to the curbside.
8. . Apartment and Commercial Users. Contractor shall provide multi-family dwellings and
commercial users with solid waste services on the basis of need, frequency of service, and
volume generated.
8.1. Contractor shall offer an array of services and corresponding rates for frequency of
service and size of container.
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8.2. Contractor shall offer compactor services.
8.3. Contractor shall offer construction and demolition(C&D) waste drop-off container
service. The rate schedule for such service shall include both a set fee and a pull fee.
8.4. All multi-family dwelling and commercial containers shall be leak proof and have
functional lids. Leaking containers shall be replaced within 24 hours.
8.5. Containers shall be kept on the users' premises in a place near the street,readily
accessible to collection vehicles. Requests to locate containers on public right of way
must be reviewed and approved by the City. The City may refuse any or all such
requests.
8.6. Contractor shall offer recyclable materials collection services to multi-family and
commercial users at rates mutually agreed upon by Contractor and user. Contractor
understands that apartment and commercial users may contract with others for this
service.
9. Large Items.
9.1. Spring Clean-up
9.1.1. The Contractor shall supply all labor,materials and equipment required to
provide an annual Spring Clean Up for the residents of the City of Jefferson,
Missouri. Service shall be provided at no additional cost to residents.
9.1.2. Service shall be provided during the first two weeks of May or as
designated by City with thirty(30) days notice to the Contractor.
9.1.3. 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.
9.1.4. General Scope of Work. The Contractor shall supply all labor,materials
and equipment required to provide an annual Spring Clean Up for the residents of
the City of Jefferson, Missouri. This service shall not be used as a substitution for
disposal of normal household solid waste. Service shall be limited to residential
facilities only, including apartment dwelling complexes which are not provided
service through a commercial dumpster. If a apartment dwelling has dumpster
service its residents may dispose of bulky household furniture items only.
9.1.5. 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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9.1.6. Service. Service shall be curb pick-up. Items shall be limited to bulky
waste including furniture or other items of such size. 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. All materials placed for
removal during Spring Clean-up shall either be self-contained (e.g. furniture) or
shall be placed in a clear bag or securely tied bundle.
9.1.7. 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.
9.1.8. Advertising. The Contractor shall be responsible for public advertising to
promote the Spring Clean Up.
9.2. Bulky Item Pick-up
9.2.1. For a customer paid fee,the Contractor shall supply all labor, materials
and equipment required to provide an on-demand Bulky Items Pick-up for the
residents of the City of Jefferson, Missouri. Service shall be limited to single
family residences and duplexes.
9.2.2. Contractor shall establish a plan allowing for residential users to contact
Contractor and identify bulky item pick-up need and for scheduling the pick-up.
9.2.3. Service shall be curbside pickup. Items shall be limited to bulky waste
including furniture or other items of such nature. 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.
10. . Household Hazardous Materials Dro -Off. Contractor shall provide, for a customer paid
fee, for the drop-off of household hazardous waste for a one-week period every six (6)
months. The fee for this service shall not exceed $2.50/pound in the first year. Contractor
may adjust the fee for this service annually by an amount not to exceed the increase in the
index set forth in Section 12.3 of this Contract.
11. . City Facilities.
11.1. For City-owned litter containers,provide free collection and hauling of the associated
Solid Waste. A current list of such containers is: Central Business District-35
containers, student crosswalks—3 containers, Munichberg Business District—3
containers. Litter containers shall be collected on an as needed basis unless otherwise
agreed to by the parties.
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11.2. Provide, at no cost to the City, for collection and hauling of Solid Waste generated by
City Departments using Contractor-owned containers. Solid Waste generated from City
operations, such as Parks Department trash truck and street sweepings, shall be accepted
at the Drop-Off Site and/or landfill at no cost to the City, not to exceed 1500 tons per
annum.
11.3. Provide, at no cost to the City, a yard waste drop off site to receive City generated yard
waste at no cost to the City and to receive yard waste from others for a fee not to exceed
375 cubic yards per annum.
12. . Charges and Rates. For services required to be performed under this Contract, the
charges shall not exceed the following rates:
12.1. Residential Rates. For Residential Customers(single family residences and duplexes)
Contractor will charge $15.08 per month for solid waste pick up and recycling pick up,
one pick up for each per week.
12.2. Apartment and Commercial Customers. For Apartment Customers and Commercial
Customers, Contractor will charge the rates set forth in Exhibit A, which is incorporated
herein by reference.
12.3. Rate Adjustment. Contractor will be entitled to increase its rates as set forth in this
paragraph annually on the anniversary date of the execution of the contract by an amount
not to exceed the increase in the Consumer Price Index-All Urban Consumers (Current
Series) for Water and Sewer and Trash Collection Services maintained by the U.S.
Department of Labor.
12.4. 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.
12.5. Special Haul Service: For items requiring special handling due to size, weight, type of
material, or method of placement, the charges are to be negotiated between Contractor
and generator prior to collection. If agreement cannot be reached, the matter may be
submitted to City, and City's decision shall be binding.
12.6. Contractor shall collect and dispose of natural Christmas trees, if placed at curb, during
the first two weeks of January, at no cost to the customer.
12.7. Unusual Chafes or Costs. The Contractor may petition the City for rate adjustments at
reasonable times on the basis of unusual changes in its cost of doing business beyond the
power of the Contractor, such as revised laws, ordinances, or regulations; changes in
location of disposal sites; changes in disposal charges or taxes; or changes in fuel or
other operational costs.
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13. Optional Pricin& The parties agree that the City shall have the option to request low cost/
small quantity service for some of its residents under the following conditions:
13.1. City must provide Contactor notice no later than June 30, 2009 of the City's intent
to exercise the desired option and the number of residential customers who will receive
the low/cost small quantity service.
13.2. City may choose from one of the three options below:
13.2.1. Option A. Contractor will make two 35 gallon carts (one solid waste and one
recyclable materials) available for up to 2000 residential customers at a rate of
$13.50 per month. If this option is selected the rate for all other residential
customers shall be$15.34 per month.
13.2.2. Option B. Contractor will make two 35 gallon carts (one solid waste and one
recyclable materials) available for up to 4000 residential customers at a rate of
$13.50 per month. If this option is selected the rate for all other residential
customers shall be$15.71 per month.
13.2.3. Option C. Contractor will make two 35 gallon carts (one solid waste and one
recyclable materials) available for up to 6000 residential customers at a rate of
$13.50 per month. If this option is selected the rate for all other residential
customers shall be$16.27 per month.
13.3. Contractor shall not be required to provide the small quantity service to
more customers than is required in the applicable option.
13.4. If any of the three options are selected, the rates for standard residential
service and the small quantity residential service shall increase annually as provided in
this agreement. The City will be responsible for determining which customers will be
entitled to receive the smaller carts.
13.5. The City will be entitled to select a different option once during the six
year contract upon 6 month's notice to the contractor,but only after the first anniversary
of the contract. If the City elects to change the Option selected, and such change results
in the need for additional carts, the City will provide the additional carts. If this option is
elected,rates will be recalculated using the rates set forth herein and adjusting for
cumulative price increases.
14. . Road Use Fee.
14.1. Contractor to Pay Fee. For consideration of street repairs due to collection trucks using
City streets, Contractor shall pay to the City on quarterly basis a Street Repair Fee equal
to $7.50 per ton of solid waste collected at curbside, or from Contractor-owned
containers, or by other means. The dollar per ton rate shall be increased annually at the
same rate listed in paragraph. This fee shall not apply to the amounts of garbage
received from City owned containers and trucks. In addition this fee shall not apply to
waste from temporary roll-off containers (i.e. construction and demolition containers).
14.2. Not Responsible for Damages. In consideration for payment of this fee, Contractor shall
not be responsible for any damage to pavement, curbing, or other driving surfaces on
public property, resulting from Contractors provision of services as outlined in this
agreement.
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15. Future Planning Fee. Contractor will pay to the City the sum of Two Hundred Thousand and
no/100 Dollars ($200,000.00) per year, said funds to be set aside by the City for construction
of a transfer station, expanding the existing landfill, creating a new landfill, or other similar
purposes designed to assure the continuation of solid waste services in Jefferson City at a
reasonable price.
16. Billings. Contractor shall collect all charges from users of its service(may require the same
to be paid in advance on a monthly or quarterly basis).
16.1. For mandatory service users, Contractor must give 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 two weeks after the second notice before interrupting service and
referring the user to the City for enforcement.
16.2. For non-mandatory service users, Contractor may refuse service to any user not
paying such fees 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 two weeks after the second notice before
interrupting or refusing service. Contractor is allowed to interrupt mandatory service in
order to collect fees incurred for non-mandatory service when necessary.
16.3. On interruption or discontinuance of service for non-payment, Contractor may
require a service interruption fee equal to two months service charge, in addition to the
regular charges due, to reinstate service. In the event the user shall move from the City,
Contractor will stop the billing for that customer the last day of the month in which the
user moved. Contractor shall refund, on request, the unearned portion of the payment
advanced for service.
17. Contractors Personnel. Contractor shall provide trained and experienced personnel to permit
Contractor to perform its duties adequately and efficiently. The following specific
requirements shall apply to Contractor's personnel:
17.1. Contractor shall assign a qualified person or persons to be in charge of the operations in
the City and furnish name or names to the City; supplemented with information
regarding experience and qualifications. Contractor shall provide the City with a means
to contact the employee in charge in the event of an emergency.
17.2. All collection personnel shall present a neat appearance and carry proper identification.
17.3. Each employee shall, at all times, carry a driver's license valid in Missouri for the type of
vehicle they are driving.
17.4. City may request the dismissal or reassignment to a non-route position of any employee
of the Contractor who violates any specific requirement, or who is wanton, negligent, or
discourteous in the performance of his duties.
17.5. Contractor shall provide operating and safety training for all personnel.
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17.6. Wages for all employees of Contractor shall equal or exceed the minimum wages
established by local, state or federal governments for this area.
17.7. No person shall be denied employment by Contractor on the basis of age,race, religion,
color, sex, natural origin or handicap.
17.8. Employees of the Contractor shall not be required to expose themselves to the danger of
being bitten by dogs in order to perform their duties hereunder.
17.9. The Contractor shall make collections of solid waste with as little disturbance as possible.
Solid waste carts 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.
18. . Restrictions. The following restriction shall apply to the operations of Contractor.
18.1. No service will be provided on Sundays except in time of emergency or to maintain
schedules due to holidays or dates missed due to weather. When a holiday falls on a
weekday, service for that day and the remainder of the week will be delayed one day
from the regularly scheduled service. (For example, in a week where Monday is a
holiday, regular Monday routes will be run on Tuesday, regular Tuesday routes on
Wednesday, and so forth.) When Contractor delays service one or more days due to
weather, service for the remainder of the week will be delayed from the regularly
scheduled service by an equal number of days. Customers shall be notified of holiday
schedule changes.
18.2. 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, including rate schedule in Exhibit A. 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.
18.3. The Contractor shall furnish containers for a reasonable rental or maintenance fee at all
businesses and other establishments 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.
19. Termination, Breach, Cancellation. and Remedies
19.1. Failure to Perform. If Contractor fails to collect Solid Waste for a period in seven(7)
consecutive, scheduled working days or fails to operate the system in a reasonably
satisfactory manner in accordance with 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)
19.1.1. After five (5) days written notice, terminate this contract unless Contractor
has cured the default during the five-day period.
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19.1.2. The City may, at its option, and upon the Contractor's agreement, take
over and operate any or all of Contractor's equipment used in the performance of
this contract at no cost except the cost of fuel and repairs. The City may then use
and operate the equipment itself until such failure to perform is resolved and the
Contractor is again able to carry out its obligations under this contract. 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 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 the option, the City shall assume all
liability for claims and demands arising out of the operation of the service by the
City.
19.1.3. If the Contractor is unable for any cause to resume performance at the end
of thirty(30) calendar days, the City may terminate this 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.
19.2. Bankruptcy. It is agreed that if the Contractor goes into Bankruptcy Court either
voluntarily or involuntarily, then this Contract shall terminate effective on the day and at
the time the bankruptcy petition is filed.
19.3. Right to Require Performance. The failure of the City at any time to require
performance by 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.
19.4. Cancellation Clause.
19.4.1. The City reserves the right to terminate the Contract for the following reasons by
giving at least one hundred eighty(180) days prior written notice to the Contractor
and without prejudice to any other rights or remedies of the City
19.4.1.1. should the Contractor be adjudged a bankrupt, or
19.4.1.2. should the Contractor make a general assignment for the benefit of its
creditors, or
19.4.1.3. if a receiver should be appointed for Contractor or for any of its property,
or
19.4.1.4. if Contractor should persistently or repeatedly refuse to supply enough
properly skilled employees or proper materials or equipment, or
19.4.1.5. if the Contractor should persistently disregard reasonable instructions of
the City that are consistent with, and not in addition to the requirements of, the
Contract.
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19.4.2. Provided however that the contract shall not be cancelled if the condition
warranting cancellation shall be cured by Contractor within said one hundred eighty
(180) day period.
20. Indemnity:
20.1. The Contractor shall defend, indemnify and hold the City harmless from and against all
claims, losses and liabilities arising out of personal injuries, including death, and damage
to property which are caused by the Contractor's negligence or willful misconduct in
performing any duties under this contract. . Contractor further agrees to defend,
indemnify and hold the City harmless from and against any claims, losses and liabilities
arising out of an award of a contract to the Contractor.
20.2. The Contractor shall defend, indemnify and save harmless the City from and against any
and all liability, suits, claims, damage costs (including attorney's fees), losses, outlays
and expense in any manner caused by, arising out of or connected with any negligence
or willful misconduct by Contractor the Solid Waste and recyclable materials collection
and removal operations.
21. Limitation on Liability. No city elected or appointed official, officer, employee, nor any
other agent of the City shall be personally responsible for any liability arising under or
growing out of the Contract or operation of the Contractor under the terms of the Contract.
22. Permits and Licenses. The Contractor shall obtain at its own expense all permits and licenses
required by law or ordinance and maintain same in full force and effect.
23. Performance Bond. The successful Proposer shall submit the following executed
performance surety prior to the execution of the Contract:
23.1. Within ten(10) days after the award of this contract, the Contractor shall deposit with the
City Clerk a performance bond in the amount of Two Hundred and Fifty Thousand
Dollars ($250,000). Said performance bond shall guarantee the faithful performance of
Contractor's obligations under this Contract, which bond shall be for 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 thirty(30) days written notice prior to
cancellation.
23.2. 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 shall make public his decision, along with a statement
reciting the basis therefore. 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
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may contest the findings of facts or interpretation of controlling law, at which time the
Council may affirm, reject or modify the decision of the Administrator. The affirmation,
rejection or modification of said decision by the Council shall be final.
23.3. If said performance bond is to be canceled or not renewed, the Contractor shall have been
considered to have breached the contract, and the City shall have all lawful remedies.
23.4. Minimum surety requirements for performance bonding companies and property/casualty
insurance carriers are:
23.4.1. A.M. Best Rating of`B+, Class V"
23.4.2. Licensed by the State of Missouri to do business in the state of Missouri
23.4.3. Acceptable to the City of Jefferson
24. Insurance.
24.1. Requirements. Contractor shall procure and maintain insurance in the amounts and types
identified in Exhibit B, which is attached hereto and incorporated herein by reference.
24.2. Subcontracts. In case any or all of this work is sublet, the Contractor shall require the
Subcontractor to procure and maintain all insurance required in Exhibit B and in like
amounts.
25. Assigrmient 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, such consent not to be unreasonably withheld. Notwithstanding
the foregoing, Contractor may assign this Contract to an affiliate(including affiliates of its
members)without the consent of City Council.. In the event of any assignment the assignee
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 of all the Contractors rights and
obligations.
26. Access to Records. The City shall have the right to inspect and copy, upon reasonable
notice, at any time during normal business hours,the books and records of Contractor as they
relate to this Contract and services rendered pursuant to this Contract, including,but not
limited to, maps, construction plans, financial statements, service complaint logs, customer
lists and requests for service. Access to the aforementioned books and records shall not be
denied by Contractor on the basis that said books and records contain proprietary
information. Should any proprietary information be shared with the City, the City shall
maintain the confidentiality of the information and shall not reveal it to any person without
the written consent of Contractor or an order from a Court of competent jurisdiction. The
Contractor shall account for all Solid Waste collections and charges therefor.
27. Measurement of Waste. Contractor shall make a report available to the City on a quarterly
basis, showing its volummetric and weight measurements of Solid Waste collected within the
City limits.
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28. Permits. Contractor, its subcontractors, agents, transporters, and other providers of services
to the Contractor in connection with the Contract shall obtain at their own expense and
maintain current permits,registrations, licenses, any and all identifications numbers, and any
similar legal authorization necessary for the compliance with applicable laws, and shall
comply with all requirements thereof. All legal authorizations necessary for the compliance
with applicable laws shall be kept current and in force throughout the duration of the project.
29. . Nondiscrimination Clause. Contractor shall not discriminate in its operations or
performance on the basis of race, color, sex,religion, national origin or disability, and shall
observe and obey all laws, ordinances,regulations and rules of the federal state, county and
municipal governments that may be applicable to its operations.
30. . Compliance with Laws. The Contractor shall conduct operations under this Contract in
compliance with all applicable laws.
31. . Point of Contact All dealings, contact, notices, etc.,between the Contractor and the City
shall be directed by the Contractor to the Director of Planning& Code Enforcement or his
duly authorized representative.
32. Written Notice. All notices,reports or demands required to be given in writing under this
Contract shall be deemed to be given when delivered personally to any authorized
representative of Contractor or City, whichever is appropriate, or when seventy-two (72)
hours have elapsed after it is deposited in the United States mail in a sealed envelope,with
registered or certified mail,postage prepaid thereof, addressed to the party to which notice is
being given. All notices required under this Contract shall be given as follows:
32.1. If to Contractor:
Manager
Allied Waste Services of Jefferson City
5645 Moreau River Access Road
Jefferson City, Missouri 65101
32.2. If to City, to all of the following:
City Clerk
City of Jefferson
320 East McCarty Street Jefferson City, Missouri 65 10 1;
Director of Planning and Code Enforcement City of Jefferson
320 East McCarty Street Jefferson City, Missouri 65101;
City Administrator
City of Jefferson
320 East McCarty Street Jefferson City, Missouri 65101;
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33. Effective Date. This Contract shall become effective and the Contractor shall begin
collection of Solid Waste, and other services, as covered herein on November 30, 2009 or as
early as November 1, 2009, at the Contractor's option.
34. 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.
35. Independent Contractor. The Contractor agrees that nothing contained herein shall constitute
or designate the Contractor or any of the Contractor's agents or employees as agents or
employees of the City.
36. Leachate Services of Cite. For the services rendered pursuant to this Agreement, the City
shall receive and treat leachate from Contractor at no cost provided required testing is
performed on the leachate and all parameters are within the limits specified in the City's pre-
treatment ordinance. City reserves the right to reject or apply reasonable fees for treatment
or hauling if parameters are exceeded or excessive.
37. Miscellaneous Provisions
37.1. Force Majeure. Notwithstanding anything to the contrary in this Contract, any failure or
delay in performance due to contingencies beyond a party's reasonable control,
including strikes, riots, terrorist acts, compliance with applicable laws or government
orders, fires, and acts of God, shall not constitute a breach of this Contract.
37.2. Captions. The captions or headings in this Agreement are for convenience only and in no
way define, limit or describe the scope or intent of any provisions or sections of this
Agreement.
37.3. Dispute Resolution. Should any disputes arise with respect to the Contract, the
Contractor and the City agree to act immediately to resolve any such disputes. The
Contractor agrees that the existence of a dispute notwithstanding, it will continue
without delay to carry out all its responsibilities under the Contract in the
accomplishment of all non-Disputed work; any additional costs incurred by the
Contractor or the City as a result of such failure to process shall be borne by the
Contractor; and the Contractor shall not make a claim against the City for such costs.
37.4. No Waiver of Breach. No provision in this document or in the Contractor's proposal
shall be construed, expressly or by implication, as a waiver by the City of any existing or
future right and/or remedy available by law in the event of any claim of default or breach
of Contract.
37.5. Governing Law. Contract will be governed by the laws of the State of Missouri and the
City of Jefferson, Missouri and will be deemed executed in the City of Jefferson,
Missouri.
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37.6. Venue. Parties agree that the proper venue for any legal action between them regarding
this agreement shall be the Circuit Court of Cole County, Missouri. Parties mutually
waive any objection to this venue.
37.7. Conflict of Interest. No officer or employee of the City shall have any financial interest,
direct or indirect, in this Agreement nor shall any such officer or employee participate in
any decision relating to the Agreement which effects his financial interest or the
financial interest of any corporation,partnership or association in which he is, directly or
indirectly, interested, in violation of any State statute or regulation. Contractor warrants
that it has not paid or given and will not pay or give any third party any money or other
consideration for obtaining this Agreement.
37.8. Interpretation. The terms of this Agreement shall be construed in accordance with the
meaning of the language used and shall not be construed for or against either party by
reason of the authorship of this Agreement or any other rule of construction which might
otherwise apply.
37.9. Integration: Amendment. It is understood that there are no oral agreements between the
parties hereto affecting this Agreement and this Agreement supersedes and cancels any
and all previous negotiations, arrangements, agreements and understandings, if any,
between the parties, and none shall be used to interpret this Agreement.
37.10. Severability. In the event that part of this Agreement shall be declared invalid or
unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or un-enforceability shall not affect any of the remaining portions of this
Agreement which are hereby declared as severable and shall be interpreted to carry out
the intent of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders this
Agreement meaningless.
37.11. Waiver. No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any default shall impair such right or remedy or be construed as a
waiver. A party's consent to or approval of any act by the other party requiring the
party's consent or approval shall not be deemed to waive or render unnecessary the other
party's consent to or approval of any subsequent act. Any waiver by either party of any
default must be in writing and shall not be a waiver of any other default concerning the
same or any other provision of this Agreement.
37.12. Attorne s�Fees_. If either party to this Agreement is required to initiate or defend or is
made a party to any action or proceeding in any way connected with this Agreement, the
prevailing party in such action or proceeding, in addition to any other relief which may
be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees,
whether or not the matter proceeds to judgment.
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37.13. Corporate AuthoritX. The persons executing this Agreement on behalf of the parties
hereto warrant that (i) such party is duly organized and existing, (ii)they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii)by so
executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into this Agreement does not violate any provision of
any other Agreement to which said party is bound.
37.14. Separate Counterparts, Electronic Delivery. This Agreement may be executed in separate
counterparts which, taken together, comprise one and the same instrument. Executed
signature pages may be delivered electronically.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ' day of
is 2009.
CITY OF JEFFERSON ALLIED SERVICES, LLC, dba Allied
Waste Services of Jefferson City
ay r Title: i'wt,c.G /Q�•is•"a
V'au,
9,ST:
r
,ity Cl rk Title:
AP OVE T FORM:
l
City Counselor
-25-
Exhibit A
Apartment and Commercial Rates
Apartment Rates
x/wk x/wk x/wk x/wk x/wk x/wk
YARD 1 2 3 4 5 6
S
1 $ 35.28 $ 66.33 $ $128.69 $160.85 $191.41
97.48
2 $ 56.44 $106.07 $205.83 $257.34 $306.20
$155.96
3 $ 70.53 $132.60 $257.35 $321.68 $382.79
$194.95
4 $ 84.64 $159.16 $308.81 $386.02 $459.34
$233.94
6 $112.88 $212.20 $411.74 $514.65 $612.43
$311.93
Retail Rates
x/wk x/wk x/wk x/wk x/wk x/wk
YARD 1 2 3 4 5 6
S
1 $ 47.02 $ 88.40 $171.55 $214.44 $255.22
$129.97
2 $ 75.24 $141.45 $274.47 $343.10 $408.28
$207.94
3 $ 94.50 $176.83 $343.11 $428.91 $510.37
$259.93
4 $112.88 $212.20 $411.76 $514.66 $612.45
$311.94
6 $150.48 $282.91 $581.41 $686.18 $816.58
$415.89
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EXHIBIT B
INSURANCE REQUIREMENTS
During the term of this Contract, Contractor shall maintain in force, at its expense, insurance
coverage with minimum limits as follows:
Workers' Compensation
Coverage A Statutory
Coverage B - Employers Liability $1,000,000 each Bodily Injury by Accident
$1,000,000 policy limit Bodily Injury by Disease
$1,000,000 each occurrence Bodily Injury by Disease
Automobile Liability
Bodily Injury/Property Damage Combined—Single
Limit
$3,000,000
Coverage is to apply to all owned, non-owned, hired
and leased vehicles (including trailers).
Pollution Liability Endorsement
MCS-90 endorsement for pollution liability coverage
Commercial General Liability
Bodily Injury/Property Damage Combined— Single
Limit
$2,500,000 each occurrence
$5,000,000 general aggregate
All such insurance policies will be primary without the right of contribution from any other
insurance coverage maintained by City only to the extent of the negligence or willful misconduct
of Contractor. All policies required herein shall be written by insurance carriers with a rating of
A.M. Bests of at least"A-" and a financial size category of at least VII. Upon City's request,
Contractor shall furnish City with a certificate of insurance, evidencing that such coverages are
in effect. Such certificate: (i)will also provide for 30 days prior written notice of cancellation to
the City; (ii) shall show City as an additional insured under the Automobile and General Liability
policies; and, (iii) shall contain waivers of subrogation in favor of City(excluding Worker's
Compensation policy) except with respect to the negligence or willful misconduct of City. In
addition, the following requirements apply:
The Commercial General Liability policy must include Contractual Liability coverage
specifically covering Contractor's Indemnification of City herein.
Coverage must be provided for Products/Completed Operations.
The policy shall also contain a cross Liability/Severability of Interests provision assuring that the
acts of one insured do not affect the applicability of coverage to another insured.
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