HomeMy Public PortalAboutORD14197 BILL NO. 2007-10
SPONSORED BY COUNCILMAN Crane
ORDINANCE NO. / J4
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH TWEHOUS
EXCAVATING COMPANY, INC. FOR YARD WASTE DROP OFF AND COMPOSTING
SERVICES.
WHEREAS, Twehous Excavating Company, Inc. has been selected as the firm best
qualified to provide professional services related to Yard Waste Drop Off and
Composting;
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. Twehous Excavating Company, Inc. 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 Twehous Excavating Company, Inc. for Yard Waste Drop Off and Composting
Services.
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: M Approved 5&:�77
,,/,,/residing Officer Mayor
ATTEST: APPRO D AS TO FORM:
sty CIA-
I City Counselor
•
- I y lad
CITY OF JEFFERSON
CONTRACT RENEWAL OF YARD WASTE DROP-OFF SITE
AND COMPOSTING SERVICE
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
Twehous Excavating Company, Inc., with offices at 8514 Liberty Road, Jefferson City, Missouri,
hereinafter referred to as"Contractor," on May 29, 2007, and amended February 21, 2008.
WHEREAS,the Agreement was for the compost operation drop-off site; and
WHEREAS, both parties wish to extend the agreement for the second one-year renewal periods as
stipulated in Paragraph 3 of the agreement dated May 29, 2007 and amended February 21, 2008;
NOW,THEREFORE,be it agreed by the parties that the agreement is hereby renewed for the first of
two one-year renewal periods to end May 31, 2010.
IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals this l�day of
April, 2009.
CITY OF JEFFERSON,MISSOURI TWEHOUS EXCAVATING COMPANY,INC.
Mayor resident
AT ATTEST:
qty Clerk Secr tary , r
APP AS FORM:
4
City Counselo
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I LI Iq'I
CITY OF JEFFERSON
• CONTRACT RENEWAL OF YARD WASTE DROP-OFF SITE
AND COMPOSTING SERVICE
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
Twehous Excavating Company, Inc., with offices at 8514 Liberty Road, Jefferson City, Missouri,
hereinafter referred to as"Contractor," on May 29, 2007.
WHEREAS,the Agreement was for the compost operation drop-off site; and
WHEREAS, both parties wish to extend the agreement for the first one-year renewal periods as
stipulated in Paragraph 3 of the agreement dated iviay 29, 2007;
NOW,THEREFORE,be it agreed by the parties that the agreement is hereby renewed for the first of
two one-year renewal periods to end May 31, 2009.
IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals this OA t day of
February, 2008.
CITY OF JEFF YRSO N,MISSOURI TWEHOUS EXCAVATING COMPANY,INC.
•
ay resident
ATTEST: ATTEST:
0,4A6.X OA,&e
(Ave Secr ary
APP VE A O FORM:
APP
City o nse or
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YARD WASTE DROP-OFF SITE(S)
AND COMPOSTING SERVICE CONTRACT
This agreement made this day of May, 2007, by and between the City of
Jefferson, a municipal corporation, hereinafter "City", and Twehous Excavating Company,
Inc., hereinafter "Contractor", witnesseth:
That for and in consideration of the mutual promises herein contained, the parties
hereby agree as follows:
1. Scope of Services. The City agrees to engage the services of the Contractor to
perform the services set out below in connection with the provision of a compost operation
drop-off site. The Contractor shall operate a drop-off site located at 2606 West Edgewood
Drive and shall be solely responsible for the operation of said site and the proper disposal
of all materials brought to said site.
2. Additional Services. The City may add to services activities of a similar nature. The
Contractor shall undertake such changed activities only upon the direction of the City. All
such directives and changes shall be in written form and approved by the Director of
• Community Development and shall be accepted and countersigned by the Contractor or its
agreed representatives.
3. Term. This contract shall be for the period of one year beginning on or about June 1,
2007, and terminating on or about May 31, 2008,provided that the City shall have the right
to cancel at any time upon giving one hundred twenty(120) days notice. This contract may
be renewed for up to two additional one year periods.
4. Insurance. Contractor shall procure and maintain at its own expense during the life
of this contract:
(a) Workmen's Compensation Insurance for all of its employees to be engaged in
work under this contract.
(b) Contractor's Public Liability Insurance in an amount not less than$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.
•
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(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.
(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) Scope of Insurance and Special Hazard. The insurance required under Sub-
paragraphs (b) and (c) hereof shall provide adequate protection for the Contractor and its
subcontractors,respectively, against damage claims which may arise from operations under
this contract, whether such operations be by the insured or by anyone directly or indirectly
employed by it, and also against any special hazards which may be encountered in the
performance of this contract.
NOTE: Paragraph (f) is construed to require the procurement of Contractor's protective
• insurance (or contingent public liability and contingent property damage policies) by a
general contractor whose subcontractor has employees working on the project, unless the
general public liability and property damage policy(or rider attached thereto) of the general
contractor provides adequate protection against claims arising from operations by anyone
directly or indirectly employed by the Contractor.
(g) The Certificates of Insurance furnished to the City showing proof of
compliance with these insurance requirements shall contain a provision that coverage under
such policies shall not be canceled or materially changed until at least fifteen days prior
written notice has been given to the City. Certifies of Insurance must be on file with the City
prior to beginning work.
5. Contractor's Responsibilit_yfor Subcontractors. It is further agreed that Contractor
shall be as fully responsible to the City for the acts and omissions of its subcontractors, and
of persons either directly or indirectly employed by them, as Contractor is for the acts and
omissions of persons it directly employs. Contractor shall cause appropriate provisions to
be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor
by all the terms herein set forth, insofar as applicable to the work of subcontractors and to
give Contractor the same power regarding termination of any subcontract as the City may
exercise over Contractor under any provisions of this contract. Nothing contained in this
contract shall create any contractual relations between any subcontractor and the City or
• between any subcontractors.
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6. Termination for Cause. The City reserves the right to terminate this contract by giving
• at least five (5) days prior written notice to the Contractor, without prejudice to any other
rights or remedies of the City should the Contractor be adjudged a bankrupt, or if Contractor
should make a general assignment for the benefit of its creditors, or if a receiver should be
appointed for Contractor or for any of its property, or if Contractor should persistently or
repeatedly refuse or fail to supply enough properly skilled workmen or proper material, or
if Contractor should refuse or fail to make prompt payment to any person supplying labor or
materials for the work under the contract, or persistently disregard instructions of the City
or fail to observe or perform any provisions of the contract.
7. Termination by Right. The City reserves the right to terminate this contract for any
reason provided that if the contract is terminated early, for each month before its stated
expiration date, the City shall pay to Contractor the sum of $15,327.50 for year one,
$16,000.00 for year two, and $17,166.67 for year three. In order to exercise this right, the
City shall give 180 days notice.
8. Indemnity. To the fullest extent permitted by law, the Contractor shall indemnify,
defend and hold harmless the City , its elected and appointed officials, employees, and
agents, from and against all claims, damages, and expenses, including but not limited to
attorneys' fees arising out or resulting from the performance of the Work,provided that any
such claim, damage, loss or expense attributable to bodily injury, sickness, disease or death
or to injury to or destruction of tangible property (other than the Work itself) including the
loss of use resulting therefrom and is caused in whole or in part by any negligent act or
omission of the Contractor,any Subcontractor,anyone directly or indirectly employed by any
of them or anyone for those acts any of them may be liable, regardless of whether or not it
is caused in part by a party indemnified hereunder. Such obligation shall not be construed
to negate, abridge, or otherwise reduce any other right or obligation of indemnity which
would otherwise exist as to any party or person described in this paragraph.
9. Payment for Labor and Materials. The Contractor agrees and binds itself to pay for
all labor done, and for all the materials used in the construction of the work to be completed
pursuant to this contract. Contractor shall furnish to the City a bond to insure the payment
of all materials and labor used in the performance of this contract.
10. Compensation.
The City agrees to pay the Contractor for services rendered under this contract:
1 s' Year - $182,850.00
2nd Year - $192,000.00
3rd Year - $206,000.00
Said monthly charge to cover unlimited amounts of material per month with no annual
maximum. Payment shall be made on a monthly basis in arrears following submission of an
invoice by Contractor.
•
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The Street, Parking, and Parks and Recreation Departments shall be allowed to bring a
• combined total of thirty-five tandem axle dump truck loads of brush. Any amounts above
thirty-five tandem axle dump truck loads of brush shall be billed at the rate of$5.00/cy for
year one, $5.25/cy for year two, and $5.50/cy for year three.
11. Charges to Users. Trip Tickets issued by the City will be produced in a manner so as
to inhibit counterfeiters. City will be required to report to the facility manager, on a daily
basis,the tickets issued including name,address and telephone number of the individual that
the ticket was issued to. Any tickets presented to the facility manger, regardless of the
apparent authenticity,which have not been reported to the facility manager by City as having
been issued, will not be accepted.
The City will charge a minimum of$10.00 per trip. Should the charge be less than $10.00
per trip, Contractor reserves the right to increase the contract cost to the City.
Trip Tickets will only be valid for regular pick-up loads or twelve foot or small trailers. Any
larger loads, or combinations of truck and trailer loads will be assessed more than one Trip
Ticket at the sole discretion of the facility manager.
Trip Tickets are intended only to help those City residents who are unable to bring their yard
waste to the facility themselves. Contractor reserves the right to reject yard waste from any
commercial user who is abusing the system. Any Trip Tickets issued to non-residents will
be rejected.
• Contractor shall charge all non-residents of the City and commercial operators regardless of
their location the following fees:
Year 1 Year 2 Year 3
Pickup $25.00 $26.00 $27.00
Single Axle $60.00 $63.00 $65.00
Tandem Axle $90.00 $95.00 $100.00
12. Site. Compost site is to be located near 2606 West Edgewood, Jefferson City,
Missouri. Contractor leases the property located at 2606 West Edgewood, Jefferson City,
Missouri. Should this property be sold during the term of this contract, Contractor reserves
the right to relocate the facility to a nearby location at no cost to the City.
13. Waste Guarantee and Acceptable Waste. Acceptable waste includes tree limbs 6" in
diameter and smaller, cut into four foot lengths, grass clippings, leaves and wood chips.
Contractor shall accept flocked Christmas trees at no additional charge. �.
No guaranteed
minimum needed.
•
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In the event of a severe storm as defined by Cole County being declared a disaster area, the
• City will reimburse Twehous Excavating Company, Inc. For any additional yard waste in
excess of 110% above the normal amount that would have generally been received during
the three month period following the event at the unit price of$5.00/cy for year one,$5.25/cy
for year two, and $5.50/cy for year three.
14. Unusual Weather Event. In the event of abnormal or unusual weather which causes
a significant increase in the volume of material which would go to Contractor pursuant to this
contract, the City shall self-impose a moratorium on the delivery of processed materials by
City departments to Contractor for a period of five (5) days from the event. After the five
(5)days have expired,the City may resume its delivery of processed material —
ot oQ4'
15. Marketing Compost. It is the intent of the Contractor to land apply the compost after
sufficient decomposition has occurred. Free mulch must be provided to the City residents
and Parks and Recreation Department. Contractor may charge for use of equipment and
labor related to loading.
16. Days and Hours of Operation. Will be taken from successful proposal.
17. Nondiscrimination. The Contractor agrees in the performance of this contract not to
discriminate on the ground or because of race, creed,color, national origin or ancestry, sex,
religion,handicap,age,or political opinion or affiliation,against any employee of Contractor
or applicant for employment and shall include a similar provision in all subcontracts let or
awarded hereunder. The Contractor agrees to comply with all federal, state, and local non-
discrimination laws and ordinances.
18. Nonsolicitation. The Contractor warrants that he has not employed or retained any
company or person, other than a bona fide employee working solely for the Contractor, to
solicit or secure this Contract, and that he has not paid or agreed to pay any company or
person, other than a bona fide employee working solely for the Contractor, any fee,
commission,percentage,brokerage fee,gifts,or any other consideration,contingent upon or
resulting from the award or making of this Contract. For breach or violation of this warranty,
the City shall have the right to annul this Contract without liability, or, in its discretion, to
deduct from the Contract price or consideration,or otherwise recover the full amount of such
fee, commission, percentage, brokerage fee, gifts, or contingent fee.
19. Compliance With Applicable Law. The Contractor must agree to comply with all
federal,state and local laws or ordinances,and all applicable rules,regulations,and standards
established by an agency of such governmental units, which are now or hereafter
promulgated insofar as they relate to the contractor's performance of the provisions of the
agreement. It shall be the obligation of the Contractor to apply for, pay for and obtain all
permits and/or licenses required by any governmental agency for the provision of those
services contemplated herein.
•
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20. Cancellation Due to Unavailability of Funds In Succeeding Fiscal Periods. When
• funds are not appropriated by the City Council or otherwise made available to support
continuation of performance in a subsequent fiscal period, the contract shall be cancelled.
In the event that funds are not appropriated for the contract,the contractor shall not prohibit
or otherwise limit the City of Jefferson to pursue and contract for alternate solutions as
deemed necessary for the conduct of City affairs.
21. Performance Bond. A performance bond in an amount equivalent to one hundred
percent(100%) of the contract price must be furnished and executed by the Contractor. The
surety shall be a corporate surety company or companies of recognized standing licensed to
do business in the State of Missouri and acceptable to the City.
22. Independent Contractor Status. In performing the services under this agreement,the
contractor will direct the operation in all respects and will determine the method,means and
manner of performance including, but not limited to, such matters as choice of any lawful
routes,points of service,and time of services. The parties intend to create by this agreement
the relationship of an independent contractor and not an employee-employer,co-partnership,
joint venture, or any other relationship. Neither the Contractor nor any of his employees,
agents, or representatives are to be considered employees of the City insofar as the subject
matter of this agreement is concerned or in performing services under this agreement.
23. Assignment. 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 City will attempt to so notify any such assignee.
24. Jurisdiction. This agreement and every question arising hereunder shall be
interpreted according to the laws and statutes of the State of Missouri.
25. Notices. All notices required to be in writing may be given by first class mail
addressed to the Director of Community Development,City of Jefferson,320 East McCarty,
Jefferson City,Missouri 65 10 1,and Contractor at Twehous Excavating Company,Inc. The
date of delivery of any notice shall be the second full day after the day of its mailing.
26. Report. Contractor shall provide a monthly report on volume of yard waste. This
report may be included on invoices submitted to the City.
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IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals this
day of May, 2007.
CITY OF JEFFERSON, MISSOURI TWEHOUS EXCAVATING COMPANY,
INC.
Mayor
AT T: ATTEST:
City Cler
AP R VE AS TO FORM:
City s for
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