|Original Document: |
Text of Document: City of Clifton
Solid Waste Collection and Disposal Contract-SpecificationsThis contract entered into this day of , 2010, by and between the City of Clifton, Tennessee, a municipal corporation, hereinafter called “City”, and ________________ , Tennessee _______, hereinafter called “Contractor”.
WITNESSETH:In consideration of the mutual promises of the parties hereto, they do agree:
Article I-Scope of Contract
A. The duties to be performed by Contractor consists of furnishing all plant, labor, tools, vehicles, equipment, materials, and personnel to perform all work and services necessary to satisfactorily collect all non-hazardous residential, commercial and/or industrial solid waste within the corporate limits of the City, and to transport and dispose of same at a Wayne County Solid Waste Facility. (Who pays the landfill cost?)
B. The term of this contract shall begin on the 1st day of August, 2010, and terminate on the 31st day of July, 2015 unless terminated sooner in accordance with terms of the contract.
C. In the performance of this contract, the Contractor binds himself to the City to comply fully with all provisions, undertakings, and obligations hereinafter set forth.
Article II-Minimum Schedule and Rates
A. Twice weekly residential collection at curbside, for City residential homes.
B. All commercial and industrial as per schedule to be worked out with the customer.
C. Garbage Collection Rates-Schedule Attached as Attachment “A”.
Article III-Establishment of Service Charges for Collections
The Contractor shall, by whatever means it considers most effective, establish a monthly service charge or fee for each customer served as follows:
A. Residential customers shall be billed a flat monthly charge per family unit, based on twice-weekly, curb-side collection, with the customer providing, using, and securing plastic garbage bags or garbage cans (said garbage cans are to be secured by customer to prevent animals, children, acts of vandalism, or any other acts which may cause the spread or scattering of garbage or waste). The collection service will also include the collection of small amounts of household waste, which may be placed curb-side along with the plastic bags and secured by the customer.
B. Commercial and industrial customers shall be charged a monthly fee based on the volume of waste collected. Such charges shall be equitable among all such customers. For industrial customers, the contractor shall provide a collection schedule to each industrial firm which is satisfactory to the industry.
The solid waste collection system shall be containerized by the Contractor as specified below, with the Contractor providing and remaining the sole owner of all such containers:
A. Residential customers shall provide their own plastic garbage bags and/or garbage cans, 32 gallon cans as a maximum; not to exceed 75 pounds in weight, and no container charges shall apply. Garbage bags and cans are to be secured by customer to prevent spreading or scattering of garbage or waste. Contractor is not responsible for gathering garbage or waste which is not contained in either of the two acceptable means of garbage containment.
B. A system of approved containers shall be used for business and commercial customers with containers varying in size as required by the customer. The requirements for these containers (i.e., number, type and placement) shall be determined by the Contractor and approved by the City. Users shall furnish their own “garbage can” type of container, not to exceed 32 gallons in capacity.
C. The number and types of containers required for industrial firms shall be negotiated between the Contractor and the firm.
Article V-Collection and Payment for and to Contractor
If requested by the contractor, the city will provide for the billing and collection of the monthly solid waste collection and disposal fees on behalf of the Contractor, in conjunction with the city’s monthly utility billing system. The Contractor shall be responsible for providing the City with all pertinent data on customers, charges and fees, to include all monthly charges. The City shall pay to the Contractor, all such charges and fees collected on his behalf.
Article VI-Rate Adjustments
The approved amount of charges will remain in effect for five (5) years with a rate adjustment after each year if requested by the Contractor and approved by the City. The City shall utilize the Consumer Price Index in determining the reasonableness of the contractor’s rate increases.
Article VII-Final Payment
Upon completion of the contract and before final acceptance, the contractor must furnish evidence to satisfy the City that all personnel, material, equipment, and any other cost associated with this contract have been paid. Upon final payment, the City is to be released from all liability whatsoever growing out of this contract. All prior estimates and payments are subject to correction in the final payment.
Article VIII-Compliance with Applicable Laws
A. The Contractor shall, in all respects concerning his employees, comply with all applicable state, federal and local laws and regulations.
B. Automobile public liability and property damages: The contractor shall provide the city proof of automobile public liability and property damage insurance coverage by an insurer or insurers acceptable to the city with limits of one hundred thousand dollars ($100,000.00) per person in any one (1) claim and subject to that limit for each person; three hundred thousand dollars ($300,000.00) for or more persons in any one (1) claim for bodily injury liability, and fifty thousand dollars ($50,000.00) for property damage liability on the comprehensive form covering all owned and non-owned, and hired automobiles, trucks or equipment which will be used in connection with the work to be done under this contract, which are or are not for use exclusively on the premises at which the work under such contract is performed. The contractor may purchase at his own expense such additional or other insurance protection he may deem necessary. Maintenance of the required minimum insurance protection does not relieve the contractor of responsibility of any losses not covered by the required insurance policies.
C. Contractor shall give the city a minimum of fifteen (15) days written notice prior to any termination, cancellation or other action(s) which will lower the limits of the coverage required. This agreement shall be contained in the “Proof of Insurance” provided by each insuring agency.
Article IX-Permits and Licenses
The contractor shall obtain, at his own expense, all permits and licenses as required by ordinances, regulations or laws, and shall maintain in full force and effect throughout the term of this contract.
Article X-Refuse Collection Requirements
A. Residential Collection (household) shall be provided on a twice-weekly basis. The customer shall place his domestic solid waste in an approved and secured plastic bag or garbage can placed on the side of the street (“curb-side”).
B. (1) Commercial Hand Pick Up shall consist of all commercial customers who do not generate an amount of refuse above what a normal household would generate.
a. (2) Commercial –container/dumpsters shall consist of all commercial accounts which utilize standardized stationary metal containers (“dumpsters”) or similar containers, which will meet the needs of the individual industry and requirements of the contractor’s equipment.
b. C. The contractor shall provide and maintain in good working order, sanitary condition and appearance, all required containers, excluding metal “garbage can” type containers which may be provided by the customer.
C. The contractor shall not be required to clean the premises of each customer; however, he shall be required to collect any waste neatly placed adjacent to the container that is acceptable to the landfill.
D. The contractor shall conduct his operation with minimal interference with public use of streets, alleyways, walks, entrances, etc., and shall maintain at least one useable traffic lane.
E. All operations of the contractor upon the premises of the city shall be confined to areas authorized by the city. No unauthorized or unwarranted entry, passage through, or storage or disposal of materials shall be made upon the cities or privately owned premises. The contractor shall hold and save the city free and harmless from liability of any nature or kind arising from any use, trespass or damage occasioned by his operation on the premise of third persons.
Article XI-Disposal Operations
Unless otherwise approved by the city, all solid waste generated and collected within the city by the contractor shall be delivered to and disposed of at the Wayne County Solid Waste Facility.
Article XII-Superintendence by the Contractor
The contractor shall give his personal superintendence to the work or have a competent foreman or superintendent satisfactory to the city to supervise the work at all times during the progress of the work with the authority to act for him.
Article XIII-Operational Facilities and Complaints
A. The contractor shall work on a daily basis through the city hall administrative office and shall address all inquiries and complaints regarding collection and service. Complaints are to be received by the administrative offices at city hall five (5) days per week during normal office hours.
B. All complaints shall be handled by the contractor and shall be given prompt and courteous attention. Actual missed schedule collections shall be made up within twenty-four (24) hours of the complaint.
C. Any garages or maintenance facilities which the contractor may maintain for its operations shall be located in a properly zoned district and shall be maintained in a condition acceptable to the city.
Article XIV-Equipment Required by the Contractor
A. Trucks and other equipment used for collecting solid waste shall have tightly closed bodies in order to keep odors to a minimum during collection and must be water-tight to prevent spilling of wet residue or garbage from the truck or other equipment body into the streets or grounds. In addition, all trucks and equipment must be kept as clean as possible.
B. Only truck bodies specifically constructed by a recognized manufacturer of this type of specialized equipment for handling of solid waste will be acceptable. Sufficient collection equipment shall be maintained and used by the contractor to perform service in accordance with approved and established schedules.
Article XV-Contractor’s Personnel
A. The contractor shall require all operators of vehicles or equipment to possess valid operator permits as may be required by the State of Tennessee.
B. The contractor shall require his employees to wear clean serviceable clothing.
C. Nothing in this article, nor any other article within this contract shall be construed in any way, manner or form as establishing any type of employer-employee relationship between the city and the contractor.
Article XVI-Work Schedules
Minimum collection days for each classification of customer shall be as outlined in Article II of this agreement.
Article XVII-On-Site Investigations
A. The contractor shall visit all sites and determine the nature and difficulty of the work, facilities which may be available for offices, shops, etc.; type of labor available; problems which may be caused by adverse weather conditions; the type and amounts of equipment necessary; and the crew sizes necessary to carry out the provisions of this contract.
B. The contractor agrees to and will respect the right of local, state and federal authorities to inspect any aspect of his operation at any reasonable hour.
Failure of the contractor to perform any of the terms and provisions of this contract shall be considered a breach of the contract and shall be sufficient justification for its termination by the city.
Article XIX-Indemnification by the Contractor
The Contractor shall protect, indemnify and save harmless the city from and against any and all loss, expense, damage, charge and cost, including court costs and counsel fees for injury to or death of persons, and injury to or destruction of property suffered or alleged to have suffered as a result of any act or omission on the part of the contractor or any one directly or indirectly employed or controlled by either of them in the course of the performance of the work provided for in this contract.
Article XX-Subcontracting and Assignment
The Contractor shall not enter into any subcontracts, leases, agreements, or assignment of or pertaining to this contract, or any interest or right therein, either voluntarily or by operation of law, without prior written approval of the city.
Article XXI-Contract Amendments
It is the intention and agreement of the parties of this contract that all legal provisions of law are inserted herein; however, if by mistake, omission, or otherwise, some such provision is not included, or is not inserted in proper form, upon the application of either party, the contract shall be amended so to strictly comply with the law without prejudice to the rights of either party.
Article XXII-Non-Discriminatory Practices
The contractor, in performing the work and services described herein, shall not discriminate against any person seeking employment with him on the basis of race, religion, creed, color, sex, ethic derivation or handicap. Nor shall the prescribed services be denied to any individual or firm on such basis.
Article XXIII-Contract Not a Franchise
It is the understanding and intention of the parties hereto that this agreement shall constitute a contract for the collection and disposal of residential, business, commercial and industrial non-hazardous solid waste, and that such contract does not constitute a franchise; nor shall it be deemed or construed as such.
Article XXIV-Extension of Contract
The length of the contract shall be five (5) years. Within sixty (60) days of the expiration of this contract, or at such earlier time as the parties might desire, the city and the contractor are authorized to negotiate an extension of this contract for a period of five (5) years, with parties renegotiating the price of service on_______, 2015.
In Witness Whereof, the undersigned representatives of the City and the Contractor have hereunto set our names and official seals this ______day of ________, 2010.
For the City:
Mayor Attest: City Recorder
For the Contractor:
Garbage Collection Rates
Effective _____, 2010
Residential curb-side pickup, twice per week-________per month.
Light commercial-Up to six 32 gallon cans, twice per week-_______per month.
3 cubic yard, once per week-________per month.
3 cubic yard, twice per week-_________per month.
4 cubic yard, one per week-_________per month.
4 cubic yard, twice per week-_______per month.
6 cubic yard, once per week-______per month.
6 cubic yard, twice per week-_________per month.
6 cubic yard, three times per week-___________per month.
8 cubic yard, once per week-___________per month.
8 cubic yard, twice per week-________per month.
8 cubic yard, three times per week-_________per month.
8 cubic yards, five times per week-_________per month.
Other cost per cubic yard____________per month.