HomeMy WebLinkAboutRESOLUTION NO. 2018-24 RESOLUTION 2018-24
A RESOLUTION APPROVING THE WASTE AND RECYCLING
COLLECTION AGREEMENT WITH REPUBLIC SERVICES, INC.
WHEREAS, The City of Fairfax desires to have Republic Services, Inc. provide solid
waste and recycling collection within the corporate limits of the City of Fairfax; and
WHEREAS, the City of Fairfax and Republic Services, Inc. have drafted the attached
Waste and Recycling Collection Agreement covering the requirements for such collection.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax,
Iowa, to have the City of Fairfax enter into the attached Waste and Recycling Collection
Agreement with Republic Services, Inc. and to have said Agreement effective from July 1, 2018,
to June 30, 2023; and
BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that
the Mayor and City Clerk are hereby directed to certify this resolution of approval and the Mayor
is authorized to sign the Waste and Recycling Collection Agreement with Republic Services, Inc.
Passed and approved this 8th day of May, 2018.
AYES: Daly, Kell, and Volk
NAYS: None '
ABSENT: Otto and Wainwright
I
Burnell G. Frieden, Mayor
ATTEST:
Cythia Stimson, City Clerk/Treasurer }
ig
CONTRACT FOR SOLID WASTE COLLECTION
AND DISPOSAL AND RECYCLING COLLECTION SERVICES
THIS CONTRACT FOR SOLID WASTE COLLECTION AND DISPOSAL AND RECYCLING
COLLE TION SERVICES (this "Contract"), is made and entered into effective as of the /�!- day of
r� , 2018 (the "Effective Date"), by and between the City of Fairfax, Iowa, a political
subdivisi n of the State of Iowa,acting by and through its Mayor and Council,(the"City")and BFI Waste
Services, LLC dba Republic Services of Cedar Rapids. ("Contractor").
RECITALS:
WHEREAS, City desires for Contractor to provide residential solid waste collection and disposal
services within the City and to perform such work as may be incidental thereto.
WHEREAS, Contractor agrees to collect and dispose of residential solid waste in accordance with
the terms of this Contract.
AGREEMENT:
NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is
understood and agreed by and between the parties hereto as follows:
1. Contractor is hereby granted the sole and exclusive solid waste collection and disposal franchise,
license, and privilege within the territorial jurisdiction of the City for its Residential Units.
Contractor shall furnish all personnel, labor, equipment, trucks, and all other items necessary to
provide such services as specified and to perform all work called for and described in the contract
documents.
2. The term of this Contract shall begin on July 1, 2018 and continue through June 30'11 2023. This
Contract may be further extended upon mutual written agreement of City and Contractor.
3. The contract documents include the following documents,and this Contract expressly incorporates
the same as fully as if set forth verbatim in this Contract:
(a) This instrument;
(b) Exhibit A—General Specifications;
(c) Exhibit B—Insurance Requirements
(d) Exhibit C—Contractor's Pricing;
(e) Exhibit D—City Facilities; and
(f) Any addenda or changes to the foregoing documents agreed to in writing by the
parties hereto.
4. All provisions of the contract documents shall be strictly complied with and conformed to by
Contractor. No amendment to this Contract shall be made except upon the written consent of the
parties.No amendment shall be construed to release either party from any obligation of the contract
documents except as specifically provided for in such amendment.
IN WITNESS WHEREOF, the parties have entered into this Contract effective as of the Effective Date.
CITY OF FAIRFAX, IA BFI Waste Services, LLC dba Republic
Services of edar Rapids.
By d - - By: l_
Name* �� e ! r16� Name: _ i� c�` J�
Its: Its: 6--e
EXHIBIT A
GENERAL SPECIFICATIONS
1.0 DEFINITIONS
1.01 Bulky Waste—Stoves, refrigerators (with all CFC removed), water tanks, washing machines,
furniture and other similar items, and, materials other than Construction Debris, Large Dead
Animals, Hazardous Waste, or Stable Matter with weights or volumes greater than those
allowed for the Carts.
1.02 Bundle—Tree,shrub and brush trimmings or newspapers and magazines securely tied together
forming an easily handled package not exceeding four (4) feet in length or fifty (50) lbs. in
weight.
1.03 Cart—A receptacle constructed of fiberglass or plastic with a volume of 65 or 95 gallons and
designed to be used in automated dump service on a collection vehicle.
1.04 City Facilities—Those specific city locations set forth on Exhibit D of this Contract.
1.05 Commercial and Industrial Unit — All commercial, institutional, or industrial premises,
locations or entities, public or private,requiring waste material collection within the corporate
limits of City.
1.06 Commercial and Industrial Refuse —All Bulky Waste, Garbage, and Rubbish generated by a
Producer at a Commercial and Industrial Unit.
1.07 Construction Debris—Waste building materials resulting from construction,remodeling,repair
or demolition operations.
1.08 Container for Rec. c�ling—A receptacle that is designed for the purpose of curbside collection
of Recyclable Materials and is constructed of plastic, metal or fiberglass, having handles of
adequate strength for lifting.
1.09 Disposal Site — A Waste Material depository designated by Contractor, including but not
limited to sanitary landfills, transfer stations, incinerators, recycling facilities and waste
processing/separation centers licensed, permitted or approved by all governmental bodies and
agencies having jurisdiction and requiring such licenses, permits or approvals to receive for
processing or final disposal of Waste Material.
1.10 Dumpster—A steel container ranging in size from 2 to 8 cubic yards sufficient to handle City
Facilities solid waste.
1.11 Excluded Waste — Excluded Waste is all Commercial and Industrial Refuse, Construction
Debris,Institutional Solid Waste,Large Dead Animals,Hazardous Waste,Offal Waste, Stable
Matter, Vegetable Waste,Yard Waste and Special Waste.
1.12 Garbage — Every accumulation of waste (animal, vegetable and/or other matter) that results
from the preparation,processing,consumption,dealing in,handling,packing,canning,storage,
transportation,decay or decomposition of meats,fish,fowl,birds,fruits,grains or other animal
or vegetable matter (including, but not by way of limitation, used tin cans and other food
containers; and all putrescible or easily decomposable waste animal or vegetable matter which
is likely to attract flies or rodents);except(in all cases)any matter included in the definition of
Excluded Waste.
1.13 Hazardous Waste — Hazardous Waste is a form of Excluded Waste and is defined as any
radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious,
biohazardous, toxic or listed or characteristic Hazardous Waste as defined by federal, state,
provincial or local law or any otherwise regulated waste. Hazardous Waste shall include, but
not be limited to,any amount of waste listed or characterized as hazardous by the United States
Environmental Protection Agency or any state agency pursuant to the Resource Conservation
and Recovery Act of 1976, as amended, and including future amendments thereto, and any
other applicable federal, state or local laws or regulations.
1.14 Institutional Solid Waste — Solid waste originating from education, health care and research
facilities such as schools, hospitals, nursing homes, laboratories and other similar
establishments.
1.15 Large Dead Animals—Animals or portions thereof equal to or greater than ten pounds l O lbs.)
in weight that have expired from any cause, except those slaughtered or killed for human use.
1.16 Offal Waste—Waste animal(land or marine)matter from establishments such as butcher shops,
slaughterhouses, food processing and packing plants, rendering plants and fertilizer plants.
1.17 Producer—An operator or occupant of a Residential Unit who generates Garbage,Bulky Waste,
Recyclable Material or Rubbish.
1.18 Recyclable Material - The following items are classified as Recyclable Material under this
Contract:
Cans: Clean aluminum, tin/steel containers.
Newspaper: Clean, dry, unsoiled newspaper.
Plastic: PETE&HDPE containers(milk jugs &soft drink containers)
Contractor will not be held liable for any claims arising out of the Recyclable Material that are
contaminated with other waste material. Accepted materials may change
1.19 Residential Unit—A dwelling, of not more than three units, within the corporate limits of the
City occupied by a person or group of persons. A Residential Unit shall be deemed occupied
when either water or domestic light and power services are being supplied thereto. A
condominium dwelling,whether of single or multi-level construction,consisting of four or less
contiguous or separate single-family dwelling units, shall be treated as a Residential Unit,
except that each single-family dwelling within any such Residential Unit shall be billed
separately as a Residential Unit.
1.20 Rubbish—All waste wood, wood chips, shavings, sawdust, printed matter, paper, pasteboard,
rags, straw, used and discarded mattresses, used and discarded clothing, used and discarded
shoes and boots, combustible waste pulp and other products such as are used for packaging, or
wrapping crockery and glass, floor sweepings, glass, mineral or metallic substances, and any
and all other waste materials not included in the definition of Excluded Waste.
1.21 Solid Waste—useless, unwanted or discarded materials with insufficient liquid content to be
free-flowing,that result from domestic, industrial,commercial,agricultural, governmental and
community operations which require proper storage, collection,transportation and disposal to
prevent environmental pollution inimical to public health, safety and welfare. Solid Waste
does not include sewage, earth or material used to fill land in accordance with construction
codes, mining residues, slag, dissolved or suspended solids in industrial waste water effluents
which are not acceptable for disposal in sanitary sewage treatment system or any material
included in the definition of Excluded Waste.
1.22 Special Waste—Special Waste is a form of Excluded Waste and is defined as nonhazardous,
solid waste that is subject to additional governmental regulations or special handling
requirements in collection, transportation, processing or disposal as a result of the
characteristics of, or processes which generate, such waste. Special Waste includes, but is not
limited to:
(a) waste iron from a commercial or industrial activity;
(b) waste generated by an industrial process or a pollution control process;
(c) waste which may contain free liquids;
(d) waste which may contain residue and debris from the cleanup of a spill of petroleum,
chemical or commercial products or wastes, or contaminated residuals;
(e) articles from the cleanup of a facility which generates, stores, treats, recycles or disposes
of chemical substances, commercial products or wastes;
(f) wastes which are nonhazardous as a result of proper treatment pursuant to Subtitle C of the
Resource Conservation and Recovery Act of 1976("RCRA");
(g) asbestos containing or asbestos bearing material that has been properly secured under
existing federal, state, provincial and local laws, rules and regulations;
(h) containers that once contained hazardous substances, chemicals, or insecticides so long as
such containers are"empty"as defined by RCRA;
(i) municipal or commercial solid waste that may have come into contact with any of the
foregoing;
(j) filter cake sludge wastes from waste water treatment processes;
(k) wastes containing any regulated polychlorinated biphenyls; and,
(1) ash, sludge, tires and powders.
1.23 Stable Matter—All manure and other waste matter normally accumulated in or about a stable,
or any animal, livestock or poultry enclosure, and resulting from the keeping of animals,
poultry or livestock.
1.24 Waste Material. Waste Material is all nonhazardous Solid Waste(including Garbage, Rubbish
and Recyclable Material)generated at Residential Units that are not excluded by this Conti-act.
Waste Material shall not include any Excluded Waste.
1.25 Vegetable Waste—Putrescible solid waste resulting from the processing of plants for food by
commercial establishments such as canneries. This definition does not include waste products
resulting from the preparation and consumption of food in places such as cafeterias and
restaurants.
2.0 SCOPE OF WORK
2.01 General.The work under this Contract shall consist of all the supervision,materials,equipment,
labor and all other items necessary to collect and transport Waste Material from Residential
Units within the City to an appropriate Disposal Site. The work shall specifically include the
following:
2.01.1 Residential Collection. At the premises of Residential Units within the City and
serviced by the Contractor,collection shall occur a minimum of once weekly for Solid
Waste, Rubbish, and Garbage. Contractor shall provide each Residential Unit with
one (1) 65 Gallon Cart for the collection of Solid Waste, Rubbish and Garbage
collectively.
Each Cart or Container shall be placed at curbside for collection. Curbside refers to
that portion of right-of-way adjacent to paved or traveled City roadways or alleys.Carts
and Containers shall be placed as close to the roadway or alley as practicable without
interfering with or endangering the movement of vehicles or pedestrians. When
construction work is being performed in the right-of-way, Carts and Containers shall
be placed as close as practicable to an access point for the collection vehicle.
Contractor may decline to collect any Cart or Container not so placed or any Waste
Material not in a Cart or Container as specified herein.
2.01.2 Recycling Collection.At the premises of Residential Units within the City and serviced
by the Contractor, collection shall occur a minimum of every other week for
Recyclable Material. Contractor shall provide each Residential Unit one(1) 95 gallon
cart for the collection of Recyclable Material. A summary of the amount of
recyclable material delivered to a processing facility shall be provided to the
City as requested.
2.01.3 Yard Waste. Yard-waste will be collected weekly from the first week in April through
November. Bio-degradable paper bags or 95 gallon carts rented through Republic
Services. Bundled material must not exceed 4 feet in length. No Item may exceed 40
pounds. Company will provide one unflocked holiday tree collection in January at no
additional charge.
2.01.4 Bulky Items. Each household will be allowed one bulky item per month at no
additional charge. Item must be safely handled and loaded by a single employee.
Appliances, Construction Debris,E-waste and Tires are not included and will incur an
additional charge.
2.02 Work Not Covered By Contract. The work under this Contract does not include the collection
or disposal of Excluded Waste materials.
2.03 Hours of Operation. Collection of Waste Material shall not start before 7:00 A.M. or continue
after sunset on the same day. Exceptions to collection hours shall be effected only upon the
mutual agreement of the City and Contractor, or when Contractor reasonably determines that
an exception is necessary in order to complete collection on an existing collection route due to
unusual circumstances.
2.04 Routes of Collection. Residential Unit collection routes shall be established by the Contractor.
Contractor shall designate the Residential Unit collection routes to the City at least two (2)
weeks in advance of the commencement date for such route collection activity. The Contractor
may from time to time make changes in routes or days of collection affecting Residential Units,
provided such changes in routes or days of collection are submitted to the City at least two(2)
weeks in advance of the commencement date for such changes.
2.05 Holidays—The following shall be holidays for purposes of this Contract:
New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Christmas Day
Contractor may decide to observe any or all of the above mentioned holidays by suspension of
collection service on the holiday, but such decision in no manner relieves Contractor of his
obligation to provide collection service at Residential Units at least once per week.
2.06 Complaints—All complaints shall be made directly to the Contractor and shall be given prompt
and courteous attention. In the case of alleged missed scheduled collections, the Contractor
shall investigate and, if such allegations are verified, shall arrange for the collection of Waste
Material not collected within 24 hours after the complaint is received. The contractor shall
provide the City of Fairfax a description of their customer service procedures including
accepting complaints and missed pick-up calls.
2.07 Collection Equipment—The Contractor shall provide an adequate number of vehicles meeting
standards and inspection requirements as set forth by the laws of the State for regular municipal
waste collection services.For Waste Material collection,all vehicles and other equipment shall
be kept in good repair and appearance at all times. Each vehicle shall have clearly visible on
each side the identity and telephone number of the Contractor. The Contract shall provide an
annual list of all equipment to be used for collection (including the make, model, year, and
overall capacity for each vehicle).
2.08 Office—The Contactor shall maintain an office or such other facilities through which it can
be contacted by direct visit or by local (toll free) call from anywhere in the City. It shall be
equipped with sufficient telephones and shall have a responsible person in charge from 8:00
A.M. to 5:00 P.M on regular collection days. The Contractor shall provide an after-hours,
emergency contact to city staff in case of an emergency situation, such as storm damage.
2.09 Hauling—All Waste Material hauled by the Contractor shall be so contained, tied or enclosed
that leaking, spilling or blowing are minimized.
2.10 Disposal—All Waste Material collected within the City under this Contract shall be deposited
at the Cedar Rapids/Linn County Solid Waste Agency.
2.11 Delivery - All Recyclable Material collected for delivery and sale by the Contractor shall be
hauled to a commodity buyer selected by the Contractor pursuant to the Contract Documents.
The charge for delivery to the commodity buyer shall be included in the rates set forth for the
Residential Units and City Facilities serviced by the Contractor. Any revenue.obtained by
Contractor from the sale of the Recyclable Material shall belong to Contractor.
2.12 Notification — The City shall notify all Producers about complaint procedures, rates,
regulations, and day(s)for scheduled Waste Material collections.
2.13 Point of Contact—All dealing, contacts, etc., between the Contractor and the City shall be
directed by the Contractor to the City's point of contact specified in the applicable Exhibit,
and, by the City to the Contractor's General Manager or Operations Manager.
2.14 Litter or Spillage—The Contractor shall not litter premises in the process of making collections,
but Contractor shall not be required to collect any Waste Material that has not been placed in
approved containers or in a manner herein provided. During hauling, all Waste Material shall
be contained,tied or enclosed so that leaking,spillage or blowing is minimized.In the event of
spillage by the Contractor,the Contractor shall be required to clean up the litter caused by the
spillage
3.0 BASIS OF PRICES AND METHOD OF PAYMENT
3.01 Waste Material Collection and Disposal Rates. The prices to be paid by the City for the
collection and disposal of Waste Material shall be as shown on Exhibit C, as adjusted as set
forth therein.
3.02 Additional Costs and Charges
3.02.1 Change in Law. Contractor may pass through certain cost increases directly to the City
to adjust for increases in cost to Contractor due to the disposal facility being used,changes
in local, state, or federal rules, ordinances or regulations, and changes in taxes, fees or
other governmental charges(other than income or real property taxes).
3.02.2 No Other Costs. Except as provided expressly herein, the charges for Contractor's
service with respect to this work shall include all taxes, transportation costs and
disposal fees.
3.03 Modification to Rates
3.03.1 Petitions.The Contractor may petition the City at any time for additional rate and price
adjustments at reasonable times on the basis of unusual changes in its cost of
operations, such as revised laws, ordinances, or regulations; changes in location of
disposal sites, an increase in the number of Residential Units such as City growth or
annexation; and for other reasons. Excluding increases in house counts, such rate
adjustments shall,be subject to the review and consent of the City, which shall not be
unreasonably withheld.
3.04 City to Act as Collector—The City shall submit statements to and collect from all Residential
Units for services provided by the Contractor pursuant to this Contract, including those such
accounts that are delinquent.
3.05 Delinquent and Closed Accounts—The Contractor shall discontinue Waste Material collection
service at any Residential Unit as set forth in a written notice sent to it by the City. Upon
further notification by the City, the Contractor shall resume Waste Material collection on the
next regularly scheduled collection day. The City shall indemnify and hold the Contractor
harmless from any claims, suits, damages, liabilities or expenses (including but not limited to
expenses of investigation and attorney's fees) resulting from the Contractor's discontinuing
service at any location at the direction of the City.
3.06 Contractor Billings to City. The Contractor shall bill the City for all collection and disposal
services rendered to Residential Units within seven (7) days following the end of the month
based on the number of garbage billed accounts as provided by the City on the last business
day of the month. The City shall pay the Contractor on or before the 15`x'day following the
end of such month. Such billing and payment shall be based on the price rates and schedules
set forth in the Contract Documents. The Contractor shall be entitled to payment for service
rendered to Residential Units irrespective of whether or not City collects from the customer for
such service. Payments not made by the City on or before their due date shall be subject to late
fees of: a) the greater of five dollars ($5) or one and one-half percent (1.5%) per month or
portion thereof; or, b) the maximum allowed by law, if less than a). In the event the City
withholds payment of a portion or whole of an invoice and it is later determined that a portion
or all of such withheld amount is owed to Contractor, such amount shall be subject to the late
fees provided herein from the original due date until paid by City.
3.07 Audit—The City may request and be provided with an opportunity to audit of all relevant books
and records of Contractor which are used to support the calculations of the charges invoiced to
the City under this Contract. Such audits shall be paid for by the City and shall be conducted
under mutually acceptable terms at the Contractor's premises in a manner which minimizes
any interruption in the daily activities at such premises. The scope of any such audit may
encompass only the relevant books and records pertaining to charges which were invoiced to
the City within ninety(90)days of any such audit request from the City.
3.08 House Count.The Contractor and City shall,at a minimum,conduct an annual house count for
purposes of insuring that all Residential Units are accounted for and that payment and billing
reflect the proper"house" count figures.
4.0 COMPLIANCE WITH LAWS
The Contractor shall conduct operations under this Contract in compliance with all applicable laws;
provided, however,that the Contract shall govern the obligations of the Contractor where there exist
conflicting ordinances of the City on the subject.
5.0 NON-DISCRIMINATION
Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion
or national origin.
6.0 RISK ALLOCATION AND INDEMNITY
6.01 Contractor shall be responsible for any and all claims for personal injuries or death, or the loss
of or damage to property to the extent caused by Contractor's negligence or acts of willful
misconduct or those of its subcontractors or agents.
6.02 City shall be responsible for any and all claims for personal injuries or death, or the loss of or
damage to property to the extent caused by the City's negligence or acts of willful misconduct
or those of its contractors or agents including, without limitation, claims under CERCLA or
any other environmental law.
6.03 If Excluded Waste is discovered before it is collected by Contractor, Contractor may refuse to
collect the entire Bag or Cart of waste. In such situations, Contractor shall contact the City and
the City shall undertake appropriate action to ensure that such Excluded Waste is removed and
properly disposed of. If any Excluded Waste is not discovered by Contractor before it is
collected, Contractor may, in its sole discretion, remove, transport and dispose of such
Excluded Waste at a location authorized to accept such Excluded Waste in accordance with all
applicable laws. The City shall provide all reasonable assistance to Contractor to conduct an
investigation to determine the identity of the depositor or generator of the Excluded Waste and
to collect from the generator the costs incurred by Contractor in connection with such Excluded
Waste. Subject to the City's providing all such reasonable assistance to Contractor,Contractor
shall release City from any liability for any such costs incurred by Contractor in connection
with such Excluded Waste, except to the extent that such Excluded Waste is determined to be
attributed to the City.
7.0 LICENSES AND TAXES
The Contractor shall obtain all licenses and permits(other than the license and permit granted by this
Contract)and promptly pay all taxes required by the City and by the State.
8.0 FORCE MAJEURE
Except for City's obligation to pay amounts due to Contractor, any failure or delay in performance
under this Contract due to contingencies beyond a party's reasonable control, including, but not
limited to,strikes,riots,terrorist acts, compliance with applicable laws or governmental orders,fires,
bad weather and acts of God,shall not constitute a breach of this Contract,but shall entitle the affected
party to be relieved of performance under this Contract during the term of such event and for a
reasonable time thereafter.
9.0 ASSIGNMENT OF CONTRACT
Neither party shall assign this Contract in its entirety without the other party's prior written consent,
which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Contractor may
assign this Contract without the City's consent to its parent companies or any of their subsidiaries,to
any person or entity who purchases any operations from Contractor or as a collateral assignment to
any lender to Contractor.
10.0 EXCLUSIVE CONTRACT
The Contractor shall have an exclusive franchise, license and privilege to provide Waste Material
collection and disposal services within the corporate limits for and on behalf of the City to the
designated Residential units covered by this Contract.
11.0 TITLE TO WASTE
Title to Waste Material shall pass to the Contractor when placed in Contractor's collection vehicle.
Title to and liability for any Excluded Waste shall at no time pass to Contractor. Contractor may,in
its sole discretion reject any Excluded Waste provided by the City at any point of time.
12.0 TERMINATION OF CONTRACT
12.01 In the event of a failure by Contractor to perform any material provision of this Contract, the
City shall give written notice of such breach to the Contractor along with at least thirty (30)
days (the "cure period") to correct such breach. City may terminate this Contract after such
cure period if Contractor has not adequately corrected such breach in accordance with this
Contract and City so notifies Contractor in writing of such termination action. At such time,
City shall pay Contractor only all charges and fees for the services performed on or before such
termination date.Thereafter, in the event such termination occurs during the initial term of this
Contract, City, as its sole and exclusive remedy may exercise its rights under Contractor's
performance bond, if any, and procure the services of another waste services provider to
complete the work covered under this Contract for the remainder of the time period covered by
the initial term of this Contract. Except for such right during the initial term of this Contract,
following any such termination and the final payment from the City to the Contractor, neither
party shall have any further obligation under this Contract other than for claims for personal
injuries or property damage as expressly provided in this Contract and arising prior to such
termination date.
12.02 In the event of a failure by City to perform any material provision of this Contract, the
Contractor shall give written notice of such breach to the City along with at least thirty (30)
days (the "cure period") to correct such breach. Contractor may terminate this Contract after
such cure period if City has not adequately corrected such breach in accordance with this
Contract and Contractor so notifies City in writing of such termination action. At such time,
City shall pay Contractor for all charges and fees for the services performed on or before such
termination date. Thereafter, following any such termination and the final payment from the
City to the Contractor, neither party shall have any further obligation under this Contract other
than for claims for personal injuries or property damage as expressly provided in these terms
and arising prior to such termination date.
13.0 CONTRACTOR'S PROPERTY
All Carts,Containers,Dumpsters,trucks and any other equipment that Contractor furnishes under this
Contract shall remain Contractor's property. City shall be liable for all loss or damage to such
equipment (except for normal wear and tear and for loss or damage resulting from Contractor's
handling of the equipment) caused by its negligence or willfull misconduct. City shall use the
equipment only for its proper and intended purpose and shall not overload (by weight or volume),
move or alter the equipment.
14.0 INSURANCE
Contractor shall maintain during the term of the Contract insurance coverage of the types and limits
set forth in Exhibit B. The City's approval of the minimum insurance coverage provided for herein
is not intended to and shall not in any way relieve, decrease or limit the liability of the Contractor. It
is expressly understood that the City does not in any way represent that the above-specified minimum
insurance limits are sufficient or adequate to protect the interest or potential liabilities of the
Contractor.
The Contractor shall assume all responsibility for obtaining any casualty or liability insurance not
required to be obtained under the terms of this Agreement but which the Contractor, in its sole
discretion, deems necessary to protect its own interests.�Ilxsl]
Contractor agrees to indemnify, defend and hold the City and its officials, departments, employees
and agents free and harmless, from all liability for any claim that may arise by reason of Contractor's
negligence or willful misconduct. Notwithstanding anything to the contrary set forth in this
Agreement or otherwise, Contractor shall have no obligation to indemnify, defend and hold harmless
the City and its officials, departments, employees and agents for any liability or claim to the extent
resulting from the negligence or, willful misconduct by City.
15.0 NEWLY DEVELOPED AREAS
The Contractor will, within thirty (30) days of notification to the City provide Waste Material
collection and disposal services of the same frequency and quality required by the Contract to newly
developed areas within the City's current territorial limits. Any areas that may be annexed by the
City which contain Residential Units which the City would like Contractor to service,shall be subject
to negotiation of a mutually acceptable amendment to this Contract and possible adjustment to
Contractor's pricing for such new areas.
16.0 MISCELLANEOUS TERMS
16.01 Contractor shall not be responsible for any damages to City's property or equipment located
adjacent to the Carts or Containers, nor to City's pavement, curbing or other driving surfaces
resulting from Contractor's providing the services under this Contract.
16.02 Contractor may provide any of the services covered by this Contract through any of its affiliates
or subcontractors, provided that Contractor shall remain responsible for the performance of all
such services and obligations in accordance with this Contract.
16.03 Contractor shall have no confidentiality obligation with respect to any Waste Materials
collected pursuant to this Contract.
16.04 Except as may be specifically provided herein,Contractor provides no guarantees or warranties
with respect to the work performed. No liquidated damages or penalties may be assessed
against Contractor by City, except as otherwise provided in the contract documents.
16.05 No intellectual property (IP) rights in any of Contractor's IP are granted to City under this
Contract.
16.06 This Contract shall be binding upon and inure solely to the benefit of the parties and their
permitted assigns.
16.07 If any provision of this Contract shall be invalid, illegal or unenforceable, it shall be modified
so as to be valid, legal and enforceable but so as most nearly to retain the intent of the parties.
If such modification is not possible, such provision shall be severed from this Contract. In
either case,the validity, legality and enforceability of the remaining provisions of this Contract
shall not in any way be affected thereby.
16.08 The failure or delay on the part of either party to exercise any right,power,privilege or remedy
under this Contract shall not constitute a waiver thereof. No modification or waiver by either
party of any provision shall be deemed to have been made unless made in writing. Any waiver
by a party for one or more similar events shall not be construed to apply to any other events
whether similar or not.
16.09 This Contract shall be interpreted and governed by the laws of the state where the work is
performed.
16.10 This Contract sets forth the entire agreement of the parties and supersedes all prior agreements,
whether written or oral, that exist between the parties regarding the subject matter of this
Contract.
16.11 If any litigation is commenced under this Contract, the successful party shall be entitled to
recover, in addition to such other relief as the court may award, its reasonable attorneys' fees,
expert witness fees, litigation related expenses and court or other costs incurred in such
litigation or proceeding.
EXHIBIT B
INSURANCE REQUIREMENTS
During the term of this Contract,Contractor shall maintain in force,at its expense, insurance coverage with
minimum limits as follows:
Workers' Compensation
Coverage A Statutory
Coverage B -Employers Liability $2,000,000 each Bodily Injury by Accident
$2,000,000 policy limit Bodily Injury by Disease
$2,000,000 each occurrence Bodily Injury by Disease
Automobile Liability
Bodily Injury/Property Damage $3,000,000
Combined—Single Limit Coverage is to apply to all owned, non-owned, hired and
leased vehicles (including trailers).
Pollution Liability Endorsement MCS-90 endorsement for pollution liability coverage
Commercial General
Liability
Bodily Injury/Property Damage $2,500,000 each occurrence
Combined—Single Limit $5,000,000 general aggregate
All such insurance policies will be primary without the right of contribution from any other
insurance coverage maintained by City. All policies required herein shall be written by insurance carriers
with a rating of A.M. Bests of at least"A-" and a financial size category of at least VII. Contractor shall
furnish City with a certificate of insurance, evidencing that such coverages are in effect. Such certificate:
(i) will also provide for 30 days prior written notice of cancellation to the City (except for workers'
compensation insurance); (ii) shall show City as an additional insured under the Automobile and General
Liability policies; and, (iii) shall contain waivers of subrogation in favor of City (excluding Worker's
Compensation policy)except with respect to the sole negligence or willful misconduct of City. In addition,
the following requirements apply:
• The Commercial General Liability policy must include Contractual Liability coverage specifically
covering Contractor's Indemnification of City herein.
• Coverage must be provided for Products/Completed Operations.
• The policy shall also contain a cross Liability/Severability of Interests provision assuring that the
acts of one insured do not affect the applicability of coverage to another insured.
Exhibit C
Contractor's Pricing
Residential Unit Rate (for all Waste Material):
Year 1 (July 1,2018—June 30,2019): $13.95/month
Year 2 (July 1,2019—June 30,2020): $14.44/month
Year 3 (July 1,2020—June 30,2021): $14.94/month
Year 4(July 1,2021—June 30,2022): $15.39/month
Year 5(July 1,2022—June 30,2023): $15.93/month
Cart Delivery Fees
After initial cart set-up,there will be a $15 per cart delivery fee for new deliveries.
Annual Yardwaste Cart Rental$5.00 per month(over 12 months)
(Yardwaste Carts are subject to a$15 Delivery and Removal Fee)
Appliance and E-Waste will be collected monthly when scheduled$15 per item.
Exhibit D
FREE CITY SERVICES
The City of Fairfax has solid waste service at the following municipal locations. All City of Fairfax
facilities shall be provided with weekly solid waste collection at no additional cost. The contractor
shall supply and deliver 40, 65-gallon plastic garbage containers for the City of's use at our municipal
locations. The contractor shall supply, deliver, and service five dumpsters as listed in the table below
for the City of's use at the listed municipal locations.These containers and dumpsters shall remain the
property of the contractor. The City of Fairfax shall be responsible to empty the plastic garbage
containers into one of the supplied dumpsters.
Facility Location Type of Service Containers
City Hall 300 80th Street Court Dumpster&Recycling 1 —2 yd dumpster
City Maintenance Shop 480 Front Street Dumpster 1 —6 yd dumpster
Fire Station 525 Vanderbilt Street Garbage&Recycling
Library 313 Vanderbilt Street Garbage &Recycling
Park—The Complex 700 Linn Street Dumpster 2—2 yd dumpsters
Park—City Park 625 Linn Street None
Park—Fetter Field 601 Church Street Dumpster 1 —2 yd dumpster
Park—Prairie Creek 725 Front Street None
Park—Driftwood 465 Driftwood Lane None
Park—Hawks Ridge 388 W Prairie Drive None
USA DAYS CELEBRATION
The contractor shall supply additional dumpsters along with delivery and collection as needed for the
annual USA Days community celebration.The following table shows the additional dumpsters used in
2017 for this celebration.
Facility Location Additional Dumpsters
Park—The Complex 700 Linn Street 2—2 yd dumpsters
Park—City Park 625 Linn Street 2—2 yd dumpsters
Park—Fetter Field 601 Church Street 1 —2 yd dumpster
Fire Station 525 Vanderbilt Street 1 —2 yd dumpster
Street Dance Area Vanderbilt Street 3 —2 yd dumpsters