BILL NO. 0276 ORDINANCE NO. 04-05.
AN ORDINANCE AUTHORIZING A CONTRACT WITH ALLIED SERVICES, LLC d/b/a
MIDWEST WASTE SERVICES OF ST. LOUIS, FOR COLLECTION OF RESIDENTIAL SOLID WASTE,
RECYCLABLES, COMPOSTABLES AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK
TO EXECUTE SAME ON BEHALF OF THE CITY OF CLARKSON VALLEY, ST. LOUIS COUNTY,
MISSOURI.
___________________________________________________________
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF CLARKSON VALLEY, ST. LOUIS COUNTY, MISSOURI, as follows:
SECTION 1. There is hereby approved a contract with Allied Services, LLC d/b/a Midwest Waste Services of St. Louis, a copy of which is attached, for the collection of residential solid waste, recyclables, and compostables and provision of certain information required by the St. Louis-Jefferson Solid Waste Management District, in accordance with the provisions and specifications in the Agreement negotiated by the City of Clarkson Valley and Allied Services, LLC d/b/a Midwest Waste Services of St. Louis, effective the 1st day of May 2004.
SECTION 2. The Mayor of the City and the City Clerk are hereby authorized and directed to execute said contract on behalf of the City of Clarkson Valley.
SECTION 3. Allied Services, LLC d/b/a Midwest Waste Services of St. Louis, shall be required to furnish a performance bond in the sum of $50,000.00 in favor of the City and insurance coverage in the amount of $1,000,000.00/$2,000,000.00.
SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law.
PRESENTED, APPROVED AND PASSED BY A MAJORITY OF THE BOARD OF ALDERMEN this 13th day of July 2004.
__________________________________________
Scott Douglass
Mayor
City of Clarkson Valley
PRESENTED BUT RETURNED this 13th day of July 2004.
__________________________________________
Scott Douglass
Mayor
City of Clarkson Valley
ATTEST:
______________________________
City Clerk
AGREEMENT
FOR COLLECTION OF RESIDENTIAL
SOLID
WASTE, RECYCLABLES, COMPOSTABLES
IN
THE CITY OF CLARKSON VALLEY, MISSOURI
THIS AGREEMENT, dated this 13th day of July, 2004 by and between the City of Clarkson Valley, Missouri and Allied Service, LLC d/b/a Midwest Waste Services of St. Louis, a corporation organized and existing under the laws of the State of Missouri, hereinafter called the "CONTRACTOR".
PREFACE:
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 RSMo.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, Article I 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. CV 04-xx 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 Initial Term of this contract shall be from May 1, 2004 through April 30, 2005, unless terminated by either party pursuant to the termination provisions of Article 12 of this contract. This contract may be renewed for two (successive one (1) year periods after the Initial Term of this contract upon the mutual written consent of the Parties. City shall give written notice of at least sixty (60) days in advance of the annual termination date of its intent to renew this agreement for an additional one (1) year period.
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 point of collection next to each residence's rear or side door two times per week. Bulky items (excluding "White Goods") shall be collected by CONTRACTOR once a week at each residence's curbside on a day designated 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, 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 includes furniture, small appliances, rugs, etc., but excludes tires, major construction debris, and automobile parts. There is to be no limit to the number or amount of bulky waste placed at the curbside of each residence for collection nor is there to a limit to the number or amount of household trash placed at the rear or side door of each residence for collection. The waste must be placed in plastic bags if the container exceeds seventy-five gallons or any container over seventy-five gallons must be brought to the curb.
Monday Yard Waste 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 Exhibit D and incorporated herein by reference.
Wednesday Recyclables include newspaper (no "slicks"), plastic, glass, aluminum and tin cans. Recyclable items shall be placed all together in a recycling bin provided by the trash hauler. Recyclable items shall be rinsed, but labels need not be removed. Guidelines for recyclables collection are attached hereto as Exhibit E and incorporated herein by reference.
Major Appliances ("White Goods") include hot water heaters, washers, dryers, stoves, refrigerators, and other major appliances. Normal pick-up shall be Thursday.
ARTICLE 4 - DAYS OF
COLLECTION:
As mutually agreed, however, preferred pickup schedules are as follows:
SEE ATTACHED SHEDULE A - COLLECTION SCHEDULE PROPOSED BY CONTRACTOR AND INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH HEREIN IN ITS ENTIRETY.
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 B, 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 5: 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 make available to any interested households the rental of an optional wheeled trash container (ex. 90 gallon) at a cost not to exceed $10.50 per quarter for the entire term of this contract. Such rental arrangement shall be coordinated directly between the household and the CONTRACTOR.
The CONTRACTOR shall provide, at no additional cost, special collection of solid waste and recyclable and yard waste materials to residents with demonstrated physical handicaps or impairments.
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 and Litter
CONTRACTOR shall be responsible for any spillings and blowing of litter resulting from or directly related 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 accomplished 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.
4. Limitations
The Parties hereto will inform the residents receiving the solid waste collection service of the following: (a) limit on yard waste; (b) limit of tree limbs at curb; (c) limit of four (4) solid waste containers per pickup; (d) limit of pounds per solid waste containers; (e) limit on "bulk pickup" each week at the curb; and (f) such other facts or regulations as may be required to assure an effective collection service.
ARTICLE 7 - MONTHLY
REPORTS:
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.
Corporation 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 notification 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 C. 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.
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 are as set forth below:
Twice weekly rear/side door waste collection; Once weekly curb recycle and curb yardwaste collection; Bulky Items and White Goods collection fees included in monthly charge;
2001 $24.92 per single-family household
2002 $26.16 per single-family household
2003 $27.46 per single-family household
One-year extension:
2004 $28.01 per single-family household
Rental of 90-gallon carts: $10.50 per quarter (price to remain the same for 2001, 2002, 2003, with an additional one-year extension)
Additional recycle bins: $12.00 (price to remain the same for 2001, 2002, 2003, with an additional one-year extension)
The City shall be billed monthly by the CONTRACTOR 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 (900) single family homes exist in Clarkson Valley and that CONTRACTOR shall invoice the City the sum of $25,209.00 monthly, during the period of May 1, 2004 through April 30, 2005. 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.
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.
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:
Allied Service, LLC d/b/a City of Clarkson Valley
Midwest Waste Services of St. Louis P.O. Box 987
12976 St. Charles Rock Road Chesterfield, MO 63006
636-947-5959 636-227-8607
with a copy to:
Patrick S. Butler
P.O. Box 422
Wildwood, MO 63040
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.
ALLIED SERVICES, LLC d/b/a CITY OF CLARKSON VALLEY,
MIDWEST WASTE SERVICES OF ST. LOUIS MISSOURI
______________________________________ ______________________________
Name Scott Douglass, Mayor
______________________________________
Title
______________________________________ ______________________________
Date Date
ATTEST ATTEST
______________________________________ ______________________________
Name Michele McMahon, City Clerk
SCHEDULE
A
The following subdivisions shall have valet household pickup service (including curbside pickup of bulk goods) on Mondays and Thursdays: {South side}
Clarkson Farm Golfview
Clarkson Mill Circle Pleasant Valley Forest
Forest Hills Club Estates Westhampton
The following subdivisions shall have valet household pickup service (including curbside pickup of bulk goods) on Tuesdays and Fridays: {North side}
Dunhill Kehrswood
Forest Hills Ridge Kingspointe
Kehrs Mill Estates Kiernan Acres
Kehrs Mill Glen The Manors at Clarkson Valley
Kehrs Mill Trails
YARD WASTE for the entire City will be collected on Mondays.
RECYCLABLES for the entire City will be collected on Wednesdays.
WHITE GOODS for the entire City will be collected on Thursdays with appointment scheduled one week in advance.
SCHEDULE
B
City
of Clarkson Valley
Holiday
Schedule 2004
Monday routes will get picked up Tuesday June 1st
Tuesday routes will get picked up Wednesday June 2nd
Wednesday recyclables will be picked up Thursday June 3rd
Thursday routes will get picked up Friday June 4th
Friday routes will get picked Saturday June 5th
There will be no changes to the schedule
Monday routes will get picked up Tuesday September 7th
Tuesday routes will get picked up Wednesday September 8th
Wednesday recyclables will be picked up Thursday September 9th
Thursday routes will get picked up Friday September 10th
Friday routes will get picked up Saturday September 11th
Thursday routes will be picked up Friday November 26th
Friday routes will be picked Saturday November 27th
There will be no
changes to the schedule
There will be no changes to the schedule
See City Hall for Schedule C
(Listing of Landfills)
SCHEDULE D
YARD
WASTE
· Yard waste for the entire City will be collected on Mondays.
· Yard waste should not be mixed with household trash. It must be separated.
· Yard waste should be in yard waste paper bags or trash cans.
· Branches must be bundled (no larger than four (4) feet long or eighteen inches in diameter) or cut up and placed in a yard waste paper bag or cut up and placed in a trash can.
SCHEDULE
E
RECYCLING GUIDELINES:
Listed below are the guidelines for each type of material that you recycle.
Recyclables
Non-recyclables Glass
Clean bottles and jars, rinsed
Mirrors, windowpanes, light bulbs,
with lids and labels removed
china dishes, Pyrex, Corning Ware
or ceramics. Plastics
Clean soda bottles and milk jugs,
Motor oil containers, numbered plastics
tinted detergent bottles, well
(found on bottom of most containers)
rinsed and flattened.
V/PVC#3, LDPE#4, PP#5, PS#6, Other #7
No plastic grocery bags. Metals
Clean, empty beverage
and
Bulk aluminum or aluminum foil,
food cans with labels removed.
window frames, lawn chairs, etc. Paper
Newsprint/no slick inserts. No
Junk mail, phone books, magazines,
plastic sleeves or
string ties.
cereal boxes, cardboard or paper grocery
bags.
Notes:
§ Plastic coding numbers can be found on the bottom of most plastic containers.
§ You do not have to sort these materials. Place all materials loose in the bin.