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HomeMy Public PortalAboutORD14248 BILL NO. 2007-67 • SPONSORED BY COUNCILMAN Klindt ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH NEW WORLD RECYCLING FOR THE TRANSPORTATION & RECYCLING OF MATERIALS. WHEREAS, New World Recycling has been selected as the firm best qualified to provide professional services related to the Transportation & Recycling of Materials project; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. New World Recycling is hereby approved as the best qualified firm to provide professional services and its proposal is hereby accepted. Section 2.The Mayor and City Clerk are hereby authorized to execute an agreement with New World Recycling for Transportation & Recycling of Materials. Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: 9 �a® Approved: w;' P esiding Officer Mayor A ST: APPRO AST FORM:'iopW VityyClerk City Coun elor 14 248 CITY OF JEFFERSON CONTRACT RENEWAL OF TRANSPORTATION AND RECYCLING OF MATERIALS WHEREAS,the City of Jefferson,Missouri, a municipal corporation, with offices at 320 East McCarty Street, Jefferson City, Missouri, 65101, hereinafter designated "City,"entered into an Agreement with New World Recycling Company, with offices at 2007 Idlewood Road, Jefferson City, Missouri, 65109 hereinafter referred to as"Contractor,"on September 7, 2007. WHEREAS, the Agreement was for transportation and recycling of materials; and WHEREAS,both parties wish to extend the agreement for the first of two additional one-year renewal periods as stipulated in Paragraph 2 of the agreement dated September 7, 2007; NOW, THEREFORE, be it agreed by the parties that the agreement is hereby renewed for the first of the two additional one-year periods to end September 30, 2009. IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals this day of December, 2008. CITY OF JYFFE1R,SON.MISSOURI NEW WORLD RECYCLING COMPANY J May Title: A .ST: ATTEST: --� City Clerk Title: AP D- S TO FORM: ' City Counselor UAContract Files\service\new world\Amendment 2008-09.wpd CScd� • CITY OF JEFFERSON EXTENSION OF TRANSPORTATION AND RECYCLING OF MATERIALS WHEREAS,the City of Jefferson,Missouri, a municipal corporation, with offices at 320 East McCarty Street, Jefferson City, Missouri, 65101, hereinafter designated "City,"entered into an Agreement with New World Recycling Company, with offices at 2007 Idlewood Road, Jefferson City, Missouri, 65109 hereinafter referred to as'.Contractor," on December 3, 2003, and amended December 10, 2004, December 22; 2005, and February 22, 2007. WHEREAS, the Agreement was for transportation and recycling of materials; and - -- WHEREAS, both parties wish to extend the agreement for a period of three (3)-months; NOW, THEREFORE, be it agreed by the parties that the agreement is hereby extend the agreement for an additional period of three (3) months ending September 30, 2007. IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals this • day of June, 2007. CITY OF JEFFERSON,MISSOURI NEW WORLD RECYCLING COMPANY M or Title: ST: ATTEST: City Clerk Title: APP D A O FORM: v City Counse or • UAContract Files\service\new world\Extension 11-2007.wpd r 1424$ • CITY OF JEFFERSON CONTRA CT FOR TRANSPORTA TION AND RECYCLING OF MA TERIALS THIS CONTRACT made and entered this_L_day of September,2007,by and between the City of Jefferson, Missouri, a municipal corporation, hereinafter referred to as "City," and New World Recycling Company, a Missouri corporation,hereinafter referred to as"Contractor." WHEREAS,the City of Jefferson,Missouri, is desirous of hiring Contractor for transportation and recycling of materials; and WHEREAS,Contractor is willing to enter into this Contract with respect to employment and services upon the terms and conditions herein set forth, NOW,THEREFORE,be it agreed as follows: 1. Scope of Services. Contractor shall collect,process,and market newspaper,magazines,and cardboard collected from seven (7) drop-off locations in the City of Jefferson. Contractor shall collect and remove all recyclable \ materials which are segregated any place in or adjacent to recycling containers at any of the five drop-off locations. The Contractor shall,at its sole cost and expense,except as otherwise provided here,furnish all labor and equipment required to transport and collect recyclable materials, pursuant to this • Agreement. 2. Contract Term. All work to be performed under this Contract shall be performed in the period between October 1,2007 through September 30,2008. With the consent of both parties,the contract may be extended for two(2) additional one(1)year periods. 3. Frequency of Collection. Contractor shall collect the recyclable materials placed for collection at all of the five drop-off locations at least once each week. Collection will not be made on the following holidays:New Year's Day,Labor Day,Memorial Day,Independence Day,Thanksgiving Day,and Christmas Day. 4. Recycling Containers. The City of Jefferson shall provide nine containers which the Contractor shall distribute, recycling containers to each of seven designated drop-off locations as follows: 1 McKay Park 2 Memorial Park 1 Fire Station One, 621 West High Street 1 Fire Station Two,2400 East McCarty Street 1 Fire Station Four, 820 Ellis Boulevard • 1 Fire Station Five, 1005 Fairgrounds Road 2 East City Hall Parking Lot, 420 East McCarty Street U:\Cintrwt Film\service\new world\Rec,cling 2007.wpd r Contractor shall maintain all containers and equipment in good repair and in a clean and attractive condition by repairing and washing as needed or at the request of the City. • The drop-off containers shall be of the following specifications: a. Enclosed,metal roll-off b. Twenty cubic yard capacity C. Three-grated compartment d. Six service doors and standard connection hitch Contractor shall have no responsibility for the replacement or retrieval of any of the recycling containers unless the need for replacement or retrieval is due to the fault of the Contractor. 5. Replacement of Recycling Containers The City of Jefferson agrees that it will promptly replace recycling containers when notified by the Contractor that a recycling containers is damaged or missing,unless the damage or loss of the recycling container is the fault of the Contractor. If the Contractor is at fault,upon notification by the City,it will promptly replace the missing or damaged recycling container at its expense. Nothing contained here shall limit the right of the City to seek payment for damaged or loss containers from the responsible party or parties. 6. Transportation of Recyclable Materials. Contractor shall transport the collected recyclable materials to an approved Processing Center. Contractor shall be responsible for the proper disposal of all recyclable materials upon pickup from the designated drop-off locations. • 7. Contractor Records Contractor shall maintain its books and records related to the performance of this Agreement in accordance with the following minimum requirements: a. Contractor shall maintain all ledgers,books of accounts,invoices,vouchers and canceled checks,as well as all other records which demonstrate performance under this Agreement. b. Contractor shall issue written monthly reports to the City of Jefferson reflecting market location, 'volume of materials collected,market price received for each material and total gross receipts. c. The City of Jefferson shall have the right, upon reasonable notice, to audit the records of the Contractor to ensure compliance with the provisions of this Agreement. 8. Compensation. The City agrees to guarantee the Contractor a gross of Forty Dollars ($40.00) per ton for recycling material,consisting of the market price for the recyclable material and direct payment by the City,should the market price be below$40.00 per ton. In the event the market exceeds$40.00 per ton,the contractor shall pay the City based on the following scale: • UAConlrncl.Filoe\eorvicn\now worldMi-yeling 2007-pd - 2 - Market Price Company will pay • $40-$49/ton 10%of market price/ton $50-$59/ton 20%of market price/ton $60-$69/ton 30%of market price/ton $70-$79/ton 40%of market price/ton $80- *50%of market price/ton *50%is maximum/ton • • UNContract File\anrvice\nnw world\Re.ye ing 2007-I)d - 3 - 9. Pant • Payment shall be made to Contractor by City upon submission of an itemized invoice,properly signed and submitted,in duplicate,to the Finance Director,320 East McCarty Street,Jefferson City,Missouri, 65101. Should the amount of money owed either the Contractor or the City,under Paragraph 8,be less than$200.00 at any point,payment may be delayed until one party owes the other in excess of$200.00. Provided further,that on the annual anniversary date of this contract,the account shall be settled and the Contractor must submit monthly statements even if no money is then due and owing. 10. Contamination of Material Should the material deposited in the recycling drop off containers become contaminated to the extent ' that the material is unacceptable for the market,requiring the land filling of the contents,the City will pay only the direct and actual cost for land filling the material. 11. Pickup Time The starting time for collection services shall not commence before 7:00 a.m. and shall be completed by 5:30 p.m. 12. Permits and Licenses Contractor,at its sole costs and expense,shall maintain thoughts the term of this Agreement all permits, licenses,and approvals necessary or required for Contractor to perform the work and services described herein. • 13. Failure to Perform,Cancellation. If,through any cause, Contractor shall fail to fulfill in timely and proper manner its obligations under this contract, or if Contractor shall violate any of the covenants, agreements, or stipulations of this contract,the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof,at least five(5)days before the effective day of such termination. The Contractor or the City may terminate this contract upon thirty (30)days prior written notice. 14. Assienment. The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same(whether by assignment or novation),without prior written consent of the City thereto. Any such assignment is expressly subject to all rights and remedies of the City under this agreement,including the right to change or delete activities from the contract or to terminate the same as provided herein,and no such assignment shall require the City to give any notice to any such assignee of any actions which the City may take under this agreement,though the City will attempt to so notify any such assignee. 15. Nondiscrimination. The Contractor agrees in the performance of the contract not to discriminate on the grounds or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age or political affiliation, against any employee of the Contractor or applicant for employment and shall include as similar provision in all subcontracts let or awarded hereunder. • I U:\Cnntrnct Fitea\newice\new wor1A\Necpclinp'2W7.wpd - 4- 16. Insurance. • Contractor agrees to obtain and maintain throughout the term of this contract A. Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. B. Contractor's Public Liability Insurance in an amount not less than $2,000,000 for all claims arising out of a single occurrence and$300,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo., and Contractor's Property Damage Insurance in an amount not less than$2,000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence. C. Automobile Liability Insurance in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence. D. Owner's Protective Liability Insurance - The Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City of Jefferson as the insured,in an amount not less than$2,000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence,except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to underground structures or by reason of • blasting,explosion or collapse. E. 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 Subparagraphs(a),(b), and(c)hereof and in like amounts. F. The Certificates of Insurance furnished to the City showing proof of compliance with these insurance requirements shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least fifteen days prior written notice has been given to the City. 17. Indemnification. Contractor agrees to indemnify and hold harmless the City for any and all damages, injuries, actions, costs, attorney's fees and other expenses whatsoever arising out of the performance of said contract j whether the property or persons damaged are the servants and employees of the Contractor or third parties in no manner connected with said contract. 18. Terms and Conditions. In consideration of the covenants contained here,Contractor agrees to make available to the City,upon the terms,covenants and conditions set out here,the equipment described above,on an as-needed and i available basis. i A. Contractor further expressly agrees to indemnify the insurance company for any and all • loss,damage,cost and expense paid or incurred by the insurance company because of U:\Contrxc6 Piles\xervice\new—1A\11ecycling 2007..0 - 5 - injuries or damages sustained by occupants of the vehicle,in states where the law makes Contractor or its insurance carrier liable for injuries to occupants of the vehicles or • because of injuries or damages resulting from the operation of the vehicle in violation of any of the terms and conditions appearing in this Contract. B. City expressly agrees to pay Contractor on demand service and time charges computed at the rate specified in the rate schedule for the period of this Contract. 19. Use and Operation of Equipment. Contractor agrees that any equipment utilized shall be used and operated only be experienced, skilled and careful operators who have been licensed to operate such equipment. Contractor shall keep the equipment in good repair and operating condition at all times for the duration of this Contract at its own expense. 20. Labor. Contractor shall provide all labor necessary to operate the equipment and machinery utilized by Contractor in performing under this Contract. 21. Status as Independent Contractor. The City and Contractor agree that Contractor is in no way the agent,servant or employee of the City. The City has no control over performance of the work contemplated by this Contract.The relationship of Contractor to the City is that of an independent contractor. • 22. Acts of God. In the event of war,strike or other causes beyond the control of Contractor,which event(s)interfere with Contractor's performance under this Contract, Contractor may cancel this Contract. 23. Partial Invalidity of Contract. If any of the provisions of this Contract shall contravene,or be invalid under,the laws of Missouri,such contravention or invalidity shall not invalidate the entire Contract, but it shall be construed as if not containing the particular provision or provisions held to be invalid,and the rights and obligations of the parties shall be construed and enforced accordingly. Any provision of this Contract found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of this Contract. 24. Law to Govern Contract. The law of Missouri shall govern the construction and interpretation of this Contract. 25. Cancellation. This Contract shall be subject to cancellation by either party at any time following thirty (30) days notice. • U:\Cnntmet.FA.\.mien\nnw—WRmyding 2007.w1d - 6 - I 26. Notices. All notices,consents, authorizations, requests and statements hereunder shall be deemed to have been properly given if delivered by and/or mailed by first class United States mail,postage prepaid,if to the City,to the Director of Community Development,City of Jefferson,320 East McCarty,Jefferson City, Missouri, 65101, and if to the Contractor, New World Recycling Company, 2007 Idlewood Road, Jefferson City,Missouri, 65109. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. CITY O FFER ON ISSOURI NEW WORLD RECYCLING COMPANY Mayor Title: ATTEST: ATTEST: City Clerk Title: VP APPRO S T ORM: City Con r • U:\Contract Filnx\m,icn\nnw world\Ittxycling 2007.w1)d - 7 - • FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Proposal 2348 - Transportation& Recycling of Materials Community Development, Received July 10, 2007 OFFERS RECEIVED: New World Recycling, Jefferson City, MO MRS Recycling, Jefferson City, MO Mid Mo Recycling, Columbia, MO (No response) The request was also advertised in News Tribune on Jun 10, 2007 and posted on the City web site. FISCAL NOTE: The provider of this service will pay the City of Jefferson based on the market cost per • ton of materials picked up and processed. PAST PERFORMANCE: This firm has provided services in the past. Staff believes that New World Recycling will provide the services as specified. RECOMMENDATION: Based on the evaluation factors of cost, method of transportation and processing, and experience listed in the Request for Proposals, staff recommends award to New World Recycling of Jefferson City, Missouri. The contract will be for a one year period, with up to two additional one year renewal periods. ATTACHMENTS - SUPPORTING DOCUMENTATION • Signature'' Purchasi g A96t Direct r, munity Development