3 Dec 2017

Roadside Collection of Solid Waste and Recyclables Agreement

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AGREEMENT

Roadside Collection of Solid Waste and Recyclables

This contract made and entered into this ___ day of ____, 2016 by and between Johns Displosal Service, Inc., hereinafter referred to as the “Contractor” and the Town of Cold Spring, Wisconsin, hereinafter referred to as the “Town”.

This agreement replaces the agreement for The Roadside Collection of Solid Waste and Recyclables dated November 8, 2012 for the period of 1/1/2013 through 12/31/2017.

The Contractor agrees to furnish all labor, materials and equipment necessary for the collection of garbage, refuse and recyclables within the limits of the Town from one to four-family residential units as follows:

  1. INCLUDED MATERIALS:
    1. General household trash and refuse.
    2. All items required to be recycled by Wisconsin statutes, including glass, metal cans, plastic containers, aluminum, newspapers, mixed paper, magazines, phone books, corrugated cardboard and scrap metal.
    3. Automotive batteries (See Section C)
    4. Furniture and appliances (See Section C)
    5. Motor oil if properly contained and tightly capped (See Section C)
    6. Tires – no more than two per month (See Section C)
  2. ITEMS NOT INCLUDED:
    1. Earth, rocks, concrete, loose construction and demolition materials, trees or parts thereof.  See Section C (3) for bulk materials collection.
    2. Yard waste is not included in the regular weekly, biweekly or monthly bulk collections.
    3. Hazardous, toxic or infectious materials, including any items recognized as special waste by the State of Wisconsin.
  3. SERVICE DETAILS:
    1. Collection of NON-RECYCLABLE TRASH will be made weekly, with all suitable materials for collection being placed by residents at the roadside of their homes by 6:00 a.m. on the day of collection.  All NON-RECYCLABLE TRASH shall be placed by residents in a BROWN CART which is provided by Johns Disposal Service.
    2. Collection of RECYCLABLES will be made every other week.  Recyclables shall be commingled.  All RECYCLABLES shall be placed by residents in a GREEN CART which is provided by Johns Disposal Service.
    3. Collection of BULK ITEMS will be made once a month.  All bulk items are to be placed at least four (4) feet away from the carts.  Items included in the monthly bulk collection includes:
      • Furniture
      • Appliances (including items containing CFC’s such as refrigerators)
      • Automotive tires, truck tires and tractor tires provided that tires over 42″ in diameter are quartered (2 per month, 8 per year)
      • Drain oil in one (1) gallon or larger containers with secure lids that are labeled “drain oil”
      • Automotive batteries
      • Earth, rocks, concrete, loose construction and demolition materials included with the bulk items collection if contained in 32 gallon cans that weigh less than 60 pounds (no limit on the number of cans).
    4. HOLIDAY’S.  When the collection day is interrupted by a holiday, pickups will be the following day.
    5. NO HAZARDOUS, toxic or infectious waste will be accepted, except for the specific items listed in this contract such as appliances containing CFC’s and automotive batteries.
    6. LITTER.  All refuse shall be collected and transported in such a manner as to prevent falling or spiling of material.  When spilling does occur, the material shall be picked up as soon as possible and the area properly cleaned.
    7. REFUSE and RECYCLING CARTS.  The Contractor shall initially provide each new unit with one cart for refuse and a second cart for recyclying.  The contractor will deliver the carts to new units after notification of occupancy by the Town.  All carts are the property of the Contractor and will be maintained by the Contractor.  The homeowner is responsible for keeping the carts clean.  The homeowner is responsible for damage, other than normal wear, such as melting from hot ashes, cuts from a saw, or other avoidable damage.  The Contractor is responsible for normal wear to the cart, wheels or lids and will repair or replace the cart in a timely manner after the homeowner informs the Contractor of the problem.  The Contractor is responsible for damage caused from snow plows or passing vehicles.
    8. DISABLED RESIDENTS as identified by the Town shall receive doorway service at no extra cost.
    9. TOWN OWNED PROPERTIES will be provided dumpster or cart service for garbage and recycling at no extra charge.
  4. TERMS and COST
    1. COST. The Town agrees to pay the Contractor the following fees in conjunction with the services rendered pursuant to this Contract:
      • Refuse collection per unit/per month including disposal at $12.60
      • Recycling collection per unit/per month at $4.30
      • Monthly total per unit at $16.90
    2. TERM. This Contact shall be for the period, January 1, 2017 through December 31, 2023.  This contract will be for seven (7) years.  Rate increases listed above are for 2017 and 2018.  Rates for 2019, 2020, 2021, 2022, and 2023 shall not exceed the cost of living percentage (CPI-U, The Consumer Price Index for All Urban Consumers).  The Contractor may re-negotiate the conditions of compensation of this contract each year, provided that the Town receives a request for change from the Contractor before October 1.  The Town may terminate the agreement at the end of each year if the contractor requests increases greater than (CPI-U) or if the Town is not satisfied with the quality of service.  Payments of contract service fees shall be made each month and shall be based upon full-month occupied residential units, calculated at the end of each month.  The contractor will assist in providing the list of units serviced but the final unit count will be determined by the Town.
    3. DUMPING FEE’S. Any and all “dumping fees” (broadly defined to include all fees and taxes imposed by Jefferson County, the State of Wisconsin and the Federal Government, or any division or agency thereof related to the execution of this contract) that are required to be paid by law, including but not limited to fees required per Section 289.63, 289.64, 289.67, 289.64 (2) Wisconsin Statutes, including any revisions that may be made thereto during the term of this Contract, along with any other fee or tax must be paid for by the Contractor in order for this contract to be performed in compliance with law, shall be paid fully and timely by the Contractor; and the compensation paid to the Contractor pursuant to this contract shall be deemed to include any portion of such fees or taxes as may otherwise be the obligation of the Town.
    4. NUMBER of UNITS on November 28, 2016 — 296
  5. SPECIAL PROVISIONS:
    1. RECYCLING RECORDS. The Contractor shall keep a record of total weights of both solid waste and of each category of recyclable collected from the town and report those totals to the Town on a quarterly basis.
    2. DNR REPORTING. The Contractor shall assist the Town in making reports to the Department of Natural Resources in conformance with State recycling mandates.
    3. CONTRACTOR OFFICE. The Contractor shall maintain a telephone service at its office during business hours for receiving calls or complaints relative to the service and shall maintain an official address for such purpose.  Contractor shall take care of all complaints within 24-hour period or within 24 hours of the next working day if the complaint is received on a non-working day.  All missed collections and any other complaints must be recorded in a log, noting date, time, address, complaint, and a method of resolution, and must be made available to the Town upon request.  The Town will refer to or inform the Contractor of any complaints which it receives.
    4. INSURANCE. The Contractor shall have Worker’s Compensation Insurance, Comprehensive General Liability Insurance, Property Damage and Motor Vehicle insurance, in sufficient amounts to adequately protect against all risks associated with the activities contemplated by this contract, the adequacies of which shall be subject to the approval by the Town.  The Town shall be named as an additional insured.  Contractor shall provide the Town with proof of insurance.
    5. PROCESSING, RECYCLING and DISPOSAL.  The Contractor agrees to dispose of refuse in compliance with all Town, County, and State of Wisconsin and Federal Government ordinances, codes, statutes, and rules, including, but not limited to, all applicable recycling laws, environmental laws and waste disposal laws.
    6. MARKETING of RECYCLABLES. The Contractor agrees to market all recyclables.  The Contractor shall retain the proceeds from the sale of materials and shall be responsible for the cost of recycling materials with a negative value such as tires.
    7. EDUCATION and PROMOTION. The Town and the contractor shall coordinate their efforts to publicize and promote the recycling program and educate the citizens regarding recycling.  The Town and the Contractor will review and approve promotional activities jointly.
  6. GENERAL PROVISIONS
    1. INDEMNITY.  In addition to, and not to the exclusion or prejudice of any provision of this agreement or documents incorporated herein by reference, the Contractor shall indemnify and save harmless  and agrees to accept tender of defense and to defend and to pay any and all legal, accounting, consulting, engineering and other expenses related to the defense of any claim asserted or imposed upon the Town, its officer, agents, employees and independent contractors growing out of this agreement by any party or parties.
    2. ASSIGNABILITY of AGREEMENT. This Contract is not assignable by the Contractor of record, without the express written consent of the Town, and in the event of bankruptcy, assignment for the benefit of creditors, or a petition for receivership relative to the Contractor of record, the Town may, without notice, declare this contract at an end, as its option.
    3. SUBCONTRACTING. The Contractor shall not subcontract any work to be performed or any materials to be furnished in the performance of this Contract without the written consent of the Town.  The Contractor shall be fully responsible for any acts or omissions of its subcontractor as it is for the acts and omissions of persons directly employed by itself.
    4. LEGAL INTERPRETATION.  The performance and interpretation of this Agreement shall be according to the laws of the State of Wisconsin.
    5. SEVERABILITY. Each provision of this Agreement is severable, and should any court or other governmental body of competent jurisdiction declare any provision of this Agreement invalid or unenforceable by reason of any rule of law or public policy, all other provisions hereof shall remain in full force and effect.
    6. LAWFULL AGREEMENT. The Contractor in executing this Agreement acknowledges that it has not been induced to enter into this Agreement by any understanding or promise or other statement, whether verbal or written, by or on behalf of the Town concerning any matter not expressed herein. The Contractor acknowledges that the Town has relied upon the proposal submitted by the Contractor and has awarded the Contract in reliance thereon.
    7. ENTIRETY. This Agreement constitutes the entire Agreement between the parties.  No modifications, amendment, alteration, revision or waiver of this Agreement or any of its provisions shall be permitted by or binding upon the parties unless os agreed in writing.

 

Signed

JOHNS DISPOSAL SERVICE, INC.

11/28/2016

 

TOWN OF COLD SPRING

 

Copy of Agreement: 2017-2023 Johns Disposal Contract

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