[Ord. No. 4032 §1, 1-21-2015]
A.
The contractor agrees to provide all services contracted for in compliance
with:
1.
The terms, conditions, restrictions and promises contained herein;
and
2.
Professional and good workmanlike standards of performance;
and
3.
All applicable laws, ordinances, rules, regulations, and permits,
including those provisions of Chapter 260, RSMo., and the rules and
regulations promulgated thereunder, and those permits and licenses
held by the contractor, the applicable landfill and processing facility.
B.
The contractor shall provide an emergency plan that will make provision
for replacing or substituting vehicles, personnel, and facilities
to be utilized under this agreement.
C.
The contractor shall bear the costs of performing the operation and
transportation services, including, but not limited to, all maintenance
costs required to maintain its vehicles, all operating costs for equipment
and personnel, and all permit and license fees.
D.
The contractor agrees to provide insurance as specified in Section 235.040 of this Chapter during the term of the agreement. The policies shall be endorsed and provided to the City within thirty (30) days prior to the effective date of the agreement. A certificate of insurance evidencing the above coverage with a company(ies) acceptable to the City shall be submitted to the City prior to performance of any services. The certificate of insurance shall list the City of De Soto as an additional insured.
E.
Any subcontractors utilized by the contractor shall be subject to
approval by the City and shall have the same responsibilities as the
contractor. Should any subcontractor utilized by the contractor fail
to comply with the terms of this agreement, the same shall be considered
default by the contractor.
F.
From time to time, the City may desire to conduct surveys, studies,
and/or pilot projects that may directly affect services under the
proposed agreement with the contractor. Prior to the time any such
activities commence, the City and contractor shall agree on potential
cost impact of the activities and shall agree to a set-off to compensate
the contractor for cooperation with the activity and any disruption
or loss of production experienced by the contractor.
G.
The Contractor shall provide a printed education letter or brochure
to be distributed to each eligible household within the City for the
purpose of explaining the collection schedule and procedures.
H.
The contractor must maintain a toll-free phone number for customer
use. All requests, questions, or complaints must be addressed to the
best ability of the contractor. Missed collections will be investigated;
and if confirmed, the contractor will arrange for pickup by the close
of the next business day from the time the miss was reported by the
resident or City.
I.
The contractor shall assign qualified persons to be in charge of
its operations in the City and shall give the names of such persons
to the City. Information regarding experience shall also be furnished
to the City.
J.
The City shall have the right to define what shall be considered
suitable work clothes for employees of the contractor collecting the
solid waste, yard waste and recyclables in the City under this agreement.
K.
Service shall be provided in a workmanlike manner. The contractor
is responsible for removing any excess debris, leachate spillage,
or truck fluid seepage from the collection routes in the City limits.
Upon notification of a spillage, etc., the contractor must perform
the cleanup within a twenty-four-hour maximum time period.
L.
All solid waste, yard waste and recyclables shall be immediately
removed from the City. No loaded or partially loaded vehicle(s) is
(are) allowed to be parked in the City overnight.
M.
Hours of collection shall be between 7:00 A.M. and 6:30 P.M. on the
specified pickup day, with no collection allowed on Sundays. Collection
will not take place on the following days: New Year's Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving, and Christmas Day.
Should a holiday fall on a designated pickup day, collection will
take place the following business day (business days include Saturday).
Hours of operation can be amended with the City's approval.
N.
Collections shall be made from every residential dwelling in the
City comprised of two (2) or fewer units not in a complex of units
on a per-stop basis. The contractor shall have the exclusive right
to provide service to single-family residential units within the corporate
boundaries of the City for the term of this agreement.
O.
The contractor shall establish a specific schedule and route of pickup
of solid waste, yard waste and recyclables. Schedules and routing
changes shall be approved by the City Manager, and it will be the
contractor's responsibility to provide notification to all affected
residences of any approved changes to the initially approved schedule
and routing, unless the change is due to City road maintenance or
other City obstruction.
P.
The contractor shall extend service to all new or additional units
upon request for service by the City. The contractor shall provide
this extension of service for the same unit prices as specified in
the schedule of rates. The number of units specified in this agreement
may also be reduced when it is determined by the City that such units
are no longer generating solid waste.
Q.
The contractor shall furnish to the City a performance bond specifying
the City, in the amount equal to five percent (5%) of the annual amount
of the agreement. The performance bond is to be held as security in
the event of contractor default. The bond shall remain in effect for
the term of the agreement and must be delivered to the City upon agreement
execution. A new performance bond must be delivered to the City at
least thirty (30) days prior to the expiration date of the existing
bond.
R.
The contractor agrees to indemnify, hold harmless and defend the
City from and against any and all liabilities, suit actions, legal
proceedings, claims, demands, damages, costs, and expenses (including
attorneys' fees) arising out of any act or omission of the contractor,
its agents, employees or independent contractors, in the performance
of the transportation services as provided herein.
S.
Invoicing for Services. The City will bill and collect
for services and pay the contractor for service provided.
T.
Minimum Service.
1.
The contractor agrees to furnish all labor, material, and equipment,
to include containers, to make collections of refuse, garbage, recyclable
goods, and yard waste materials in the City, consisting of:
a.
One (1) weekly collection of refuse and one (1) bulk item (excluding
white goods);
b.
Every-other-week collection of recyclable goods;
c.
One (1) monthly collection of yard waste materials from each
stop throughout the entire area of the City and in all respects in
accordance with the terms, conditions and provisions contained herein.
2.
The contractor will provide the following items at no charge
to the City:
a.
The removal of Christmas trees during the two (2) weeks following
Christmas;
b.
One (1) yearly City-wide cleanup;
c.
Service to City facilities and special events sponsored by the
City and Chamber of Commerce;
d.
One (1) weekly collection of refuse from containers along Main
Street;
e.
No-charge service at the new Senior Center; and
f.
An annual Community Fund donation of the City's choice
of one thousand five hundred dollars ($1,500.00).
