AGREEMENT FOR COLLECTION OF RESIDENTIAL SOLID WASTE, RECYCLABLES, COMPOSTABLES IN THE CITY OF CLARKSON VALLEY, MISSOURI
THIS AGREEMENT, dated this 1st day of July 2012 by and between the City of Clarkson Valley, Missouri and Meridian Waste Services, a corporation organized and existing under the laws of the State of Missouri, hereinafter called the “CONTRACTOR”.
WHEREAS, City is authorized by RSMo.70.220 to enter into contracts with corporations for the operation of public improvements, facilities, and common services; and
WHEREAS, City is required by RSM0.260.200 to 260.255 to adopt a plan for a solid waste management system and to provide for the collection and disposal of solid waste within its boundaries; and
WHEREAS, City adopted a solid waste management system and plan which is contained in the City Code, Title II, Chapter 225 and Resolution 96-01; and
WHEREAS, City is desirous of entering into an agreement with Corporation for the collection, transportation and disposal of residential solid waste and has adopted Ordinance No. 12-07 authorizing the Mayor of the City of Clarkson Valley, Missouri, to execute said Agreement on behalf of the City.
THEREFORE, in consideration of the premises and the mutual promises, covenants and agreements herein contained, the adequacy of which are hereby acknowledged and confessed, the parties hereto do mutually promise, covenant and agree as follows:
ARTICLE 1 – TERM OF CONTRACT:
The Term of this contract shall be from July 1, 2012 through June 30, 2013, unless terminated by either party pursuant to the termination provisions of Article 12 of this contract.
ARTICLE 2 - SCOPE OF CONTRACT:
The collection, transportation and disposal of all solid waste, recyclables, compostables, yard waste, and “bulky waste” materials generated within the City of Clarkson Valley, in accordance with the applicable sections of the Municipal Code of the City of Clarkson Valley and these bid specifications. The CONTRACTOR shall furnish all labor, vehicles, tools, equipment and all other facilities necessary to fulfill the terms of the contract, at no additional cost to the City.
ARTICLE 3 – FREQUENCY AND TYPES OF COLLECTION:
The following categories of waste are to be included in the proposal Residential/household solid waste shall be collected by CONTRACTOR at the curb once a week. One bulky item (excluding “White Goods”) shall be collected by CONTRACTOR once a week at each residence’s curbside on the third pickup date during the months of January through October by CONTRACTOR, as detailed in Schedule A. White Goods shall be collected by CONTRACTOR as requested by individual residents and upon seven (7) days notice to CONTRACTOR by said individual residents and charged $20, as detailed in Schedule A. CONTRACTOR shall establish a standard schedule for the collection of all categories of waste and said schedule shall be incorporated into this contract as Schedule A. No additional fees shall be imposed upon the City or households for any qualifying materials:
Household and Bulky Waste includes any item except major appliances generated from normal household operation. Bulky waste (one item allowed per month during the months of January through October and only on the third pickup date of the month) includes furniture, small appliances, rugs, etc., but excludes tires, major construction debris, and automobile parts. Guidelines are attached hereto as Schedule B. There is to be no limit to the number of containers of household waste placed at the curb of each residence for collection but no container can exceed seventy-five gallons.
Monday Recyclables include paper products (newspapers, magazines, etc.), plastic, glass, aluminum and tin cans. Recyclable items shall be placed all together in a recycling bin provided by the trash hauler. Schedule C clarifies the list of recyclables and the method used for this process.
Major Appliances (“White Goods”) include hot water heaters, washers, dryers, stoves, refrigerators, and other major appliances. A call to CONTRACTOR a week in advance is necessary. See Schedule B.
ARTICLE 4 – DAYS OF COLLECTION:
The CONTRACTOR shall give the City a minimum of sixty (60) days notice of any changes in pickup schedules due to holidays. A preferred holiday schedule attached hereto as Schedule D is hereby incorporated herein by reference as if said schedule is set forth herein in its entirety.
ARTICLE 5 – TIMES OF COLLECTION:
No earlier than 7:00 a.m. and no later than 4:00 p.m.
ARTICLE 6 – ADDITIONAL COLLECTION AND SERVICE PROVISIONS:
1. Normal Residential Service
The CONTRACTOR shall provide to all residential households at no charge a recycling bin of suitable size given the pickup frequency and average volume generated.
The CONTRACTOR shall provide under separate and individual contract with Clarkson Valley citizens (with stipulation of unlimited container removal if individual contract is for one year or longer; limit of ten (10) containers per pickup day if less than one year individual contract) includes grass, leaves, flowers, plants, tree trimmings, and brush. Yard waste shall be placed in trash containers and paper bags. Tree trimmings and brush shall be tied in bundles no more than four (4) feet in length. Guidelines for yard waste collection are attached hereto as Schedule B and incorporated herein by reference.
The CONTRACTOR shall make available to any interested households the rental of an optional wheeled trash container (ex. 95-gallon) at a cost not to exceed $2.75 per month for the entire term of this contract. Such rental arrangement shall be coordinated directly between the household and the CONTRACTOR.
The CONTRACTOR shall provide residential/household solid waste pickup at the point of collection next to each residence’s rear or side door once a week at a cost not to exceed $7.60 per month for the entire term of this contract. Such arrangement shall be coordinated directly between the household and the CONTRACTOR.
While disposal of special wastes including, but not limited to solvents, insecticides, cleaning agents, heavy metals, prescription drugs, explosives, incendiaries, motor oils, refrigerants, infectious waste, and any materials prohibited by the Metro-West and Monarch Fire Protection Districts’ Fire Codes is the responsibility of the homeowner at their expense, the CONTRACTOR may assist or advise homeowner on suitable disposal methods and locations.
2. Missed Collections
In the event City notifies CONTRACTOR of a missed collection point, CONTRACTOR shall take all necessary measures to collect waste from the missed collection point within twenty-four (24) hours of said notification from City. Upon execution of this contract, CONTRACTOR shall designate in writing a City Liaison Representative, including name, title, address, telephone, and facsimile number for City staff to utilize regarding missed collections or any other matter related to this contract. Notice to the CONTRACTOR’S City Liaison Representative by City regarding a missed collection may be accomplished via telephone, facsimile, or personal contact. In the event that CONTRACTOR fails to collect the waste from the missed collection point within twenty-four (24) hours after receiving notice from City, CONTRACTOR shall pay a penalty of Fifty Dollars ($50.00) per missed collection point.
3. Blowings & Litter
CONTRACTOR shall be responsible for any spillings and blowing of litter resulting from or directly to the performance of its duties as solid waste collector. City shall notify the CONTRACTOR’s City Liaison Representative regarding any spillings or blowing of litter and this notification may be accompanied via telephone, facsimile, or personal contact. Neither City nor CONTRACTOR assume responsibility for acts of God causing spillings or blowing of litter unrelated to CONTRACTOR’s performance of its duties as solid waste collector.
The CONTRACTOR shall maintain separate records documenting the points and/or volumes of each of the following collected in Clarkson Valley: Household and bulky waste, compostables, major appliances, and recyclables. The CONTRACTOR shall provide to the City each month a copy of said report prior to payment of the invoice for that month.
The CONTRACTOR shall advise City by letter of the processing facility or disposal area used by corporation upon commencement of this agreement and thereafter Corporation shall furnish written notifications of any change in such processing facility or disposal area. The disposal area designated for the Initial Term of this contract is attached hereto as Schedule E. Corporation further recognizes that by virtue of CV Resolution 96-01, adopted January 9, 1996, City adopted the Solid Waste Management Plan of the St. Louis-Jefferson Solid Waste Management District and Corporation agrees to provide on a timely basis, information to City mandated by said Solid Waste Management Plan.
ARTICLE 8 – INSURANCE:
The CONTRACTOR shall agree to secure and keep in force during the life of the contract the following types of insurance with an insurance company licensed in the State of Missouri, to wit: (A) Worker’s Compensation Insurance as prescribed by the Statues of the State of Missouri, and (B) a policy of liability insurance on each vehicle used in the refuse disposal operations covered by the contract, indemnifying both the CONTRACTOR and the City against damage suits, in an amount not less than $1,000,000.00 per person and $2,000,000.00 per occurrence. The City shall be a named additional insured upon said policy of insurance and a certificate of insurance naming the City as an additional insured shall be provided to the City at the time of the execution of a contract. Said policy of insurance shall contain an appropriate provision or rider that in the event that the policy is canceled, the City shall be notified by the insurance carrier no later than ten (10) days prior to the effective date of such cancellation. In the event that the policy is canceled, the City shall be notified by the insurance carrier no later than ten (10) days prior to the effective date of such cancellation. In the event any insurance policy herein required is canceled, the CONTRACTOR shall notify the City thirty (30) days prior to such cancellation. If any claim of any nature is filed against City due to any conduct, acts, errors, or omissions of CONTRACTOR, or its agents, including acts of negligence or willful misconduct, CONTRACTOR agrees to hold City harmless and indemnify City against all such claims, including assuming the defense of such claims, including reasonable attorney fees. See attached Schedule F.
ARTICLE 9 – ASSIGNMENT:
No assignment of the contract or any right accruing hereunder may be made in whole or in part by the CONTRACTOR, nor may the CONTRACTOR sublet any part of the work without the express written consent of the City. In the event of any authorized assignment or subletting, the assignee or sublessee shall assume the liability and responsibility of the contractor under the contract, but CONTRACTOR shall remain primarily liable to City for any legal duty created by this contract.
ARTICLE 10 – PAYMENT TERMS AND CONDITIONS:
Monthly fees per household for July 1, 2012 through June 30, 2013 are set forth below:
· Once weekly curb waste collection household and once weekly curb recycle collection $12.00 per single-family.
Residents desiring to purchase a level of service exceeding that provided by the City may contract directly with Meridian for the additional services at an additional monthly fee payable directly to Meridian.
· Individuals can contract for once weekly curbside yard waste collection pickup for $8.15 per household.
· Individuals can contract for once weekly rear/side door waste collection household for $8.00 per household.
· Individuals can contract for a second pickup at curb for household trash for $8.00 per household.
· Rental of 95-gallon carts: $2.75 per month.
· Bulky Items collection fees included in monthly charge to City, however additional charges may apply to household under separate contract. Guidelines are attached hereto as Schedule B.
The City shall be billed monthly by the CONTACTOR for all households served under the contract. Payment by the City will be adjusted based on the number of residents served and billed for service in the previous month. The number of households served by the CONTRACTOR shall be subject to a periodic audit, but for purposes of this contract, City and Contractor stipulate that nine hundred, five (905) single family homes* exist in Clarkson Valley and that CONTRACTOR shall invoice the City the sum of $10,860.00 monthly for curbside pickup of trash and recyclables only. CONTRACTOR shall invoice the City at the end of each month during which collection service was rendered and the City shall issue payment within fifteen (15) days of receipt of said bill.
The same service and rates shall be extended to any areas which may be annexed by the City during the term of the contract.
ARTICLE 11 – ADDITIONAL CONSIDERATIONS:
The CONTRACTOR should regularly familiarize themselves with the area, particularly any new construction of single-family homes.
* Number to be verified each year at onset of contract
As new single-family homes are planned or under construction, the City will notify the CONTRACTOR’s City liaison who shall be responsible for informing all current and future trash hauler drivers of the ongoing additions to their route. It is not the responsibility of the City to inform the CONTRACTOR of each individual new home. As various waste is properly placed for pickup by occupants of new residences, the driver shall remove same.
Services are to be performed in a clean and courteous manner using personnel who are well trained, and equipment, which is safe and clean.
ARTICLE 12 – TERMINATION:
The City shall reserve the right to terminate the contract for cause after giving the CONTRACTOR thirty (30) days written notice. Examples of cause are excessive misses, attempting to bill residents separately for that which is included in the City-wide contract, non-compliance with collection time requirements, unsafe collection practices and discourteous service. The City shall have full, final, and absolute discretion in its determination as to what conduct, acts, errors, or omissions constitutes cause for termination under this Article. This contract may be terminated by CONTRACTOR in the event of nonpayment by the City upon thirty (30) days written notice.
ARTICLE 13 – PERFORMANCE BOND:
CONTRACTOR shall be required to furnish the City with a performance bond in the sum of $50,000.00 for the faithful performance of this Contract. See attached Schedule G.
ARTICLE 14 – NOTICE
Any notice required to be given pursuant to this agreement shall be deemed given when deposited in the U.S. Mail, addressed to the Party to whom the notice is to be given at the following addresses unless notified of a change in address:
Meridian Waste Services City of Clarkson Valley
13524 NW Industrial Drive. 15933 Clayton Rd., Ste. 105
Bridgeton, MO 63044 Ballwin, MO 63011
ARTICLE 15 – DEFAULT
Should either Party hereto institute any action or proceeding in court (i) to enforce any provision hereof, (ii) for damages, or (iii) for any other judicial remedy, the prevailing Party shall be entitled to receive from the losing Party reasonable attorneys fees, all expenses of litigation, and all court costs in connection with said action or proceeding.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same agreement.
MERIDIAN WASTE SERVICES CITY OF CLARKSON VALLEY,
Charles Barcom Scott Douglass, Mayor
Name Michele McMahon, City Clerk
HOUSEHOLD TRASH for the entire City will be collected on Mondays.
RECYCLABLES for the entire City will be collected on Mondays.
WHITE GOODS for the entire City will be collected with appointment scheduled one week in advance.
BULKY ITEM (one item allowed per month during the months of January through October and only on the third pickup date of the month) will be collected at the curb on Mondays.
YARD WASTE under separate and individual contract will be collected on Mondays.
· By law, only non-hazardous household solid waste can be collected. Liquid waste products cannot be collected in a liquid state.
· Non-hazardous liquids can be mixed with an absorbent such as Kitty Litter, but MUST be completely dry & with the lid off the container to show the driver that it is dried out.
· Trash with yardwaste mixed in cannot be collected.
· Items over four feet (4’) high or long must be broken down or cut to four feet (4’) or less.
· Loose materials must be containerized or bundled.
· Containers shall have a capacity of no less than 20 gallons or more than 32 gallons, nor should they weigh more than 60 pounds.
· If leasing a toter from Meridian Waste, the toter must be placed at the curb.
· Rubbish (waste that rots and stinks) should be bagged AND the bag(s) should be placed in trashcans or trash carts. Meridian Waste will NOT be responsible for any rubbish spread about when animals or birds rip any such bag(s) open.
· Rubbish (waste that does not rot and stink) CAN be placed in plastic bags and set out for collection without having to be in a trash can or trash cart. Please do NOT overload bags so that they can rip open when picked up.
· Trash limits will not exceed the commonly produced quantity of a regular household family.
· Medically necessary needles (sharps), such as diabetic syringes will only be collected when in approved sharps containers which are available from your syringe supplier or you may use a puncture proof container with a tightly closed lid.
· Bulky Trash includes any type of solid waste that cannot be placed into a 32-gallon trashcan. Bulky Trash does NOT include major appliances, automobile parts or components, construction debris or any other such items. There is no extra charge for this service. All Bulk items must be placed at the curbside. There is a limit of one (1) bulky item per pick up and only on the 3rd pickup day of the month during the months of January through October.
· Major Appliances (White Goods) are to be scheduled for collection through Meridian Waste Customer Service 314 291-3131. There is no charge for this service.
· Tires and Car Batteries will not be picked up.
· Construction material or the materials that result from home remodeling projects will not be picked up as part of normal trash or as bulk trash. Some examples of the materials we are unable to pick up:
· Carpeting and other flooring materials
· Drywall or sheetrock
· Wood (e.g., 2X4’s, plywood, paneling, peg board)
· Bathroom fixtures (toilets, tubs, commodes)
· Kitchen fixtures (cabinets, islands. Etc.)
· Plumbing (pipes, sinks)
· Large light fixtures (if the fixture does not fit in a 32-gallon can with the lid secured normally, we are unable to pick up)
· Roofing material (e.g., shingles, ceramic roof tiles, tar paper, gutters, fascia boards)
This above list is not inclusive. Please contact our Meridian Waste Customer Service office to inquire about having construction items picked up for an additional charge.
YARD WASTE GUIDELINES
(for Residents Under Separate Contract with Meridian)
· Yardwaste with trash mixed in cannot be collected.
· Loose yardwaste must be bagged in standard 30-gallon PAPER yardwaste bags or placed in designated 32-gallon or smaller yardwaste cans or in Meridian Waste yardwaste carts.
· YARDWASTE IN PLASTIC BAGS WILL NOT BE COLLECTED.
· YARDWASTE IN CARDBOARD BOXES WILL NOT BE COLLECTED.
· Yardwaste carts are to be used for yardwaste ONLY.
· Customer-owned containers used for yardwaste should be marked with the words “Yardwaste Only.”
· Tree limbs and branches less than six inches (6”) in diameter must be tied (with TWINE – NO WIRE) in bundles no bigger than four feet (4’) long by twenty-four inches (24”) in diameter; however, no bundle is to weigh more than sixty (60) pounds. Limbs and branches six inches (6”) or more in diameter are considered Bulky Trash.
· Christmas trees will be collected at no additional charge three (3) times during the season. – the first Monday following Christmas and the first two Mondays following New Years Day in January. The tree must be free of all decorations including tinsel, garland, ornaments and lights. The tree must also be cut shorter than four feet (4’) in length.
Once Weekly Service: A recycle bin is provided by Meridian Waste. See attached Schedule C for current list of acceptable recycle material.
Your Customer Service center will advise you of your current collection schedules. In order to ensure collection of your trash, yardwaste, and recycling, please put them out for collection at the curbside BY 7:00 AM on your scheduled collection day.
There will be no collections on New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day. The change in service days will be for that day on which the holiday falls. If the holiday falls on a Saturday or Sunday no change in weekly trash pickup will occur. – When the holiday falls on a weekday, ALL days following a holiday ROLL.
If the holiday falls on a Monday:
Monday's Trash and Recycling (and Yardwaste if applicable) is collected Tuesday
CARTS: 90-gallon household trash carts are available for an additional fee. If a cart is used for trash it must be placed at the curb for collection. If left at backdoor, trash must be bagged. Please contact our Customer Service Department to inquire about lease fees.
BILLING: The City pays for curbside trash and recycling services. All billing for valet service, yard waste, carts and/or second day of pickup service is done on a quarterly basis in advance. All invoices are to be paid no later than the date shown on the invoice. Any account that is not paid in full by the due date on the invoice will be put on “Stop Service” status and service will not be provided until the invoice has been paid in full. Credits for time on Stop Service will NOT be given.
CUSTOMER SERVICE: The Meridian Waste Customer Service Department is open to receive telephone calls from 8:00 AM to 5:00 PM, Monday through Friday of each week, excluding holidays.
MERIDIAN WASTE SERVICES
City of Clarkson Valley
Holiday Schedule (Fiscal Year) 2012 – 2013
Monday routes will get picked up Tuesday September 4th
Monday routes will get picked up Tuesday May 28th
Holidays with no change in service this fiscal year: Christmas Eve and New Year's Eve
Holidays with no change in service: Martin Luther King Day, Presidents’ Day, Easter Sunday, Veterans Day