PREPUBLICATION COPY
TECHNICAL GUIDES AND MODEL CONTRACT
FOR COLLECTION OF RESIDENTIAL SOLID WASTES
This publication (SW-81ts) was prepared by
THE NATIONAL SOLID WASTES MANAGEMENT ASSOCIATION
and
THE SOLID WASTE MANAGEMENT OFFICE
U.S. ENVIRONMENTAL PROTECTION AGENCY
Solid Waste Management Office
1971
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Single copies of this publication will be distributed as supplies
permit. Address requests to the Publications Distribution Clerk,
Solid Waste Management Office, 5555 Ridge Avenue, Cincinnati, Ohio
45213.
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F 0 R E W 0 R^D
The methods used to store and collect residential solid wastes
are essential factors in the maintenance of a community's health and
property values. Insanitary practices lead to the propagation of
insects, rodents, and other disease-conveying vectors. Moreover,
the unsightliness that results adversely affects the aesthetic char-
acter of a neighborhood or community, which deflates the human spirit
as well as property values. Such practices can also place an unnecessary
economic burden on a community.
Communities have a responsibility, therefore, to see that the
solid wastes generated by their residents are properly stored, collected,
and disposed of. The mechanisms by which this can be carried out
are many. The most common are by community-owned collection agencies
and by private contractors. Which one to use is a judgment that must
be made only by the community and its citizens, because both systems
will accomplish the desired result if properly operated and controlled.
This document is provided to help communities and contractors
develop a suitable agreement for collecting residential solid wastes
and to aid in assuring that both parties are adequately protected
and that the job is done right.
The guides described are provided to serve as indices by which
a community can develop a detailed set of ordinances that will assure
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proper storage and collection. Considerably more detail is required
in an ordinance to cover specific needs and desires of a particular
community. Coupled with a strong ordinance must be a commitment on
the part of the community to enforce that ordinance.
The material in this publication represents the joint efforts
of the National Solid Wastes Management Association and the Solid
Waste Management Office. We are grateful for the review comments
received from the American Public Works Association.
--RICHARD D. VAUGHAN
Assistant Surgeon General
Aeting Cento'ssSorter e
Solid Waste Management Office
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RECOMMENDED GUIDES FOR STORAGE AND COLLECTION
OF RESIDENTIAL SOLID WASTES
Purpose and Background
These guides are provided to help organizations, communities, private
operators, and individuals understand what is required to assure the
proper storage and collection of solid wastes generated within the premises
and from the surrounding confines of single and small multifamily dwellings
(*t uni ts or less) .
To assure that such a system will be acceptable, there must be constant
cooperation between the resident, the public or private collection agency,
and the agency responsible for enforcing prescribed standards. Each
agency must study and evaluate its own situation and needs to determine
the quality and extent of its system and how these guides may be used.
The solid wastes considered by these guides are those that result
from the normal activities of residential households. Since these wastes
vary in character, they require different storage and collection methods.
Food wastes, consumer packaging materials, clothing, and reading matter
are usually stored in the same container. Large packaging materials,
such as cardboard boxes, can be broken down and stored in the same type
container with these wastes or they may be stored intact until collection.
In some cases, they may be utilized as storage containers, but this is
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not a preferred practice. It is more desirable to store them near the
conventional containers for pickup.
Special bulky items and materials such as refrigerators, sofas,
and building renovation materials call for special storage and pickup.
They should be stored within the premises whenever possible and should
be collected upon call to the collection agency, unless special collec-
tion Is regularly provided.
Grass clippings and similar items may be stored in conventional
containers- Shrub and tree trimmings should be reduced in size, bundled
for collection, and placed in the conventional storage area.
Storage
Location. On days of collection, storage containers should be
located for the convenience of both the generator and the collector.
Entry inside the home or other structure by the collector should not
be made unless such service is mutually desirable. If collection takes
place at the curb, the containers must be moved there by the generator
or the collection agency and picked up the same day. One of the two
shall be responsible for returning the receptacles to their proper
location.
Type. Storage containers should have tight fitting lids or other
closing mechanisms to totally enclose all the solid waste they hold,
to reduce odors, and to keep out insects, rodents, other animals,
and water. They may be made of metal or plastic, or be plastic and
paper bags and must be durable and leakproof. The containers should,
at least, conform to the recommended standards of the National Sanitation
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Foundation. If plastic or paper bags are used, the generator should
be told why it is necessary to close and seal them when they are filled.
They should not be filled more than six inches from the top. Bags
should not be left unprotected for a long period of time if animal
attacks are a problem. Although below-the-ground storage containers
are used in some areas of the United States, they are not considered
acceptable from a safety and sanitary standpoint.
Size. Storage containers intended for manual handling should
not hold more than 32 gallons or less than 15; they should not weigh
over 75 pounds when filled with solid waste.
Yard Wastes and Bulky Material. Yard and gardening wastes and
similar material should be securely tied in bundles not over A feet
long and 12 inches across; they should not weigh over 75 pounds. Grass
clippings, leaves, and twigs may be stored in securely tied plastic
bags. If wastes are stored in cardboard boxes or similar receptacles,
they should be secured tightly with tape or twine.
Bulky items, such as refrigerators (doors removed) and sofas, that
are too large to fit into a normally used type of collection vehicle
should be stored within the premises until special collection service
is provided.
Col lection
Type. A collection system for residential solid waste may use
one or more of five services: curb, alley, set-out/set-back, set-out,
and backyard or sideyard. The method or combination utilized should
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be based on engineering studies, evaluations, and the needs of the
communi ty.
Frequency of Collection. Solid wastes containing food wastes should
be collected at least once a week. In warm climates or in summer, pickups
may have to be made more frequently. The types of storage units utilized
and the amounts of solid waste generated are also important factors
in determining frequency of collection.
Bulky wastes should be collected at the request of the generator.
Yard wastes and similar materials should be collected at least once
a week.
Collection Equipment
Solid wastes generated from within a residence should be collected
by enclosed packer type vehicles. Satellite vehicles, such as scooters,
or small trailer trains may be used to service a "mother truck" packer
unit. Open trucks may be used if plastic or paper bag containers are
utilized, provided they are sealed. New or innovative collection equip-
ment may be considered at the discretion of all concerned.
Yard Wastes, Bulky Wastes, and Special Materials. These may be
collected by nonpacker-type units that are totally covered or enclosed
while traveling to a treatment or disposal facility.
Maintenance and Service. All collection vehicles should be maintained
and serviced according to manufacturers recommendations. They should
also be cleaned thoroughly at least once a week, especially on the inside.
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MODEL INSTRUCTIONS TO BIDDERS
Intent and Purpose
It is the intent and purpose of this contract on which bids are
sought to assure the efficient, healthful, and aesthetic operation of
a residential solid waste collection service for the residents of this
City.
Qualifications of Bidders
All bidders hereunder must furnish satisfactory evidence to the
City that they have operated or are presently operating a solid waste
collection service of the type and size described in attachments to this
document and that they have successfully done so long enough that their
experience will enable them to maintain operations under all conditions
prevailing in this area. If they have not operated such a system, they
must show they have had sufficient experience in comparable fields or
employ qualified personnel to comply with the requirements of this contract.
!n order to determine the eligibility of the bidders, all of them
must list all terminated or existing collection services (existing ones
will be subject to inspection by City personnel).
Bidders without the experience outlined above but with sufficient
experience in a comparable field should show that they have an association
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with a consultant or operator who is qualified to help engineer, plan,
supervise, and operate the system delineated in the specifications that
are attached to the contract document.* The names and experience of
all such consultants shall be listed by all bidders who do not have
a collection history.
As an attachment to the bid, all bidders shall include a listing,
with qualifications, of personnel who have had experience in operating
a comparable system and who have agreed to work for them in the operation
of this contract.
All bidders shall supply detailed inventories of their equipment
and all accessories by type, by model, year of manufacture, and antici-
pated remaining useful life as of the date of the inventory. All leased
equipment shall be listed separately; the time remaining on each leased
machine and options of renewal, where applicable, shall be stated. All
new equipment to be acquired to accomplish this contract must be avail-
able upon the effective date of the commencement of operations. Delivery
guarantees by manufacturers shall be attached to the bid document.
All bidders shall be required to demonstrate to the satisfaction
of the City that they have adequate financial resources, experienced
personnel, and expertise to perform the services required by the attached
specifications and .ordinances. No agreement (contract) will be awarded
to any bidder who, as determined by the City, has an unsatisfactory per-
formance record or inadequate experience, or who lacks the necessary
"Speci fications and ordinances must be provided as attachments to
the contract document; they must detail all requirements for operation
of the system.
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capital, organization, and equipment to conduct and complete the services
in strict accordance with the specifications.
All bidders shall be held to comply with the attached ordinances
including the applicable solid waste legislation of the State of
, the rules and regulations promulgated thereunder,
the applicable ordinances, the rules and regulations of the City, the
ordinances, and the rules and regulations of the County(ies) of
. The Contractor shall meet all the requirements
of the above legislation and regulations, including any subsequent
changes; current copies of all will be supplied to him by the City.
Compensation
Payment will be as set forth in the attached agreement.
Inspection of City
All bidders shall tour the City and familiarize themselves with
the work contemplated in the contract. Submission of a bid shall be
deemed conclusive evidence that such a tour has been made by each bidder
and shall constitute a waiver by each of all claims of error in bid,
withdrawal of bid, or payment of extras, or combination thereof, under
the executed contract, or any revision thereof. As a part of its contract
specifications, the City will give each bidder all available information
on its present and projected population for a -year period, the number
of dwelling units to be served under the contract, contract boundaries,
and such other information it thinks will be of assistance to prospective
bidders.
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Bonds
Bid Bond. All bidders shall furnish a bid bond executed by a surety
company licensed to do business in this State. This binds the bidder
to indemnify the City against all losses, not to exceed the sum of the
bond, if he fails to execute the agreement signed. Said bid bond shall
be in the sum of 10 percent of the total bid for the first 12 months
of the contract.
A certified check payable to the City, or other personal property
acceptable to the City, may be deposited in lieu of a bid bond. In
such event, only the security deposit of the three lowest bidders will
be retained by the city; all other such securities shall be promptly
returned.
Performance Bond. (At this time, relatively few surety companies
provide performance bonds for solid wastes operations. However, both
the SWMO and NSWMA feel that performance bonds would be desirable and
that surety companies should be encouraged to provide them. While a
provision for performance bonds is included in this model, communities
should determine the availability of such bonds in their area prior to
making them mandatory.) A performance bond will be required of the
successful bidder, to be executed by a surety company licensed to do
business in this State and in the penal sum of 25 percent of the esti-
mated total amount of the first 12 months of billings of the contract.
Said bond shall be obtained by the successful bidder within 10 days
following the execution of the contract.
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Payment Bond. A payment bond will be required of the successful
bidder. It will be executed by a surety company licensed to do business
in this State, in an amount to be determined by the City. It will be
conditioned to guarantee the payment of all wages, materials, and sup-
plies, including all insurance premiums used by the contractor in ful-
filling the terms of the contract. Insurance premiums include but are
not limited to workmen's compensation, liability insurance, and bond
premiums. It is estimated that such bond will not exceed the sum ex-
pended for wages, materials and supplies, and insurance premiums in
one quarter of a year's operation.
Indemnity Clause
An indemnity clause or liability insurance will be required of
the successful bidder, In it the successful bidder will be required
to hold harmless and indemnify the City from all claims, legal or equita-
ble, including court costs and reasonable attorney's fees, arising out
of the operation of the collection service.
Insurance
Minimum motor vehicle limits for property damage and personal injury
may be set by the City. Proof of all required insurance and policy
limits of the contractor must be shown by certificates of insurance
forwarded to the City by the respective companies, and each policy shall
have a minimum cancellation period of not less than 30 days, to become
effective after delivery, in writing, to the City at the address shown
in the agreement.
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While no minimum policy period will be required by the City, it
is expected that long-term policies will be utilized in order to obtain
lower premiums. Insurance shall include all documents issued by all
insurance companies licensed to do business in this State.
Ownersh i p
Bidders shall submit a list of all officers and of all stockholders
who own 10 percent or more of their respective companies.
Contractor Operational Plan
As an attachment to the bid, the contractor shall submit a detailed
plan of operation. It shall describe the routes to be established and
contain details about servicing schedules, equipment to be used, and
alternate procedures to be followed in case of severe weather or equip-
ment failures. It shall comply with the attached ordinances and
spec!fi cat ions.
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MODEL RESIDENTIAL SOLID WASTE COLLECTION AGREEMENT
This agreement made and entered into this
day of , 19 , by and between
(a city, village, county, etc.), organized under
the laws of the State of , (hereinafter referred
to as the City, Village, etc.) and
(a corporation, or partnership, proprietorship, etc.) organized under
the laws of the State of and having its principal
place of business at , hereinafter referred to as
the Contractor.
WITNESSETH:
Whereas, the Contractor is qualified to provide solid waste collec-
tion services in accordance with the Instructions to Bidders; and
Whereas, the City desires the Contractor to collect residential
solid wastes, as defined in this document, within present and future
boundaries of the city or the boundaries shown on the attached map."
*lt will be necessary for the City to provide a detailed description
of the area to be serviced, including population, estimated number of
dwelling units, and anticipated volume of waste.
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Now, therefore, in consideration of the mutual covenants, agreements,
and considerations contained herein, the City and the Contractor hereby
agree as follows:
1 . Def i ni tions.
a. Residential Solid Waste. Garbage, rubbish, trash,
etc. resulting from the normal activities of households.
b. Food Wastes. Animal, vegetable or mineral matter
derived from the preparation or packaging of foodstuffs.
c. Rubbish and Trash, Combustibles such as paper, wood,
yard trimmings, etc., and noncombustibles such as metal,
glass, stone, dirt, etc.
d. Residence. A dwelling unit such as a home, trailer,
or multifamily dwelling of four or less units, not including
hotels or motels. Each unit of a multifamily dwelling shall
be considered a separate dwelling unit for purposes of
bi11 ing.
e. Special Material. These are bulky materials or other
special wastes that are not stored in standard storage
containers and cannot be picked up by a normally used
collection vehicle. (Wastes not to be collected should
be listed.)
f. Hazardous Materials. Wastes that are hazardous by
reason of their pathological, explosive, radiological,
or toxic characteristics.
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2. Exclusive Right.
The Contractor shall be the only person allowed to provide
residential solid waste collection services within the City or
within the boundaries prescribed by the limitations of this
contract. (Note: The area to be serviced should be described
in great detail in an attachment to the contract material.)
3. Service.
All persons occupying or maintaining a place of residence
in single-family dwelling units or in multifamily dwellings of
four or less units within the contract area shall be (provided
or offered) regular collection service under this contract. The
estimated number of such units is .
k. Term.
The term of this Agreement shall be for the
year period beginning » 19 The parties hereto
may extend this agreement for year terms by mutual consent
in writing at least 120 days prior to the expiration of the current
term. This agreement may be terminated by either party hereto at
the end of the initial term or any extension thereof by giving written
notice not less than 120 days prior to the expiration of the then
current term. (Note: In establishing the term, the community should
assure that the agreement will be in effect long enough [at least
five years] to allow the contractor to properly amortize equipment
purchases required to service the contract. The community should
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also allow for increases in the cost of doing business by including
an appropriate escalation clause [see paragraph 19].)
5. Minimum Service.
The contractor shall make at least (one, two, etc.)
weekly collection(s) at all places of residence on a schedule ap-
proved by the City. (Note: Further clarification of the frequency
of collection should be provided in accompanying standards of
performance or an accompanying ordinance.)
6. Hou£s_._
Collections shall be made during the hours set forth in the
approved schedule, subject to such reasonable modifications as
the City may grant. All collections shall be made as quietly
as possible.
7. Litter.
The Contractor shall not litter premises in the process of
making collections, but he shall not be required to collect
material that has not been placed in approved containers or in
a manner herein provided.
8. Approved Containers.
Amounts and types of solid waste placed in containers for
collection shall be stored in approved containers, as described
by an accompanying ordinance.
9. Bundles.
Material containing only yard trimmings and rubbish may
be placed for collection in a securely tied bundle, as
described in an accompanying ordinance.
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10. Unapproved Containers.
The Contractor shall not be required to collect solid waste
unless it is in approved containers or bundles, except as pro-
vided for in special haul services.
11. Special and Hazardous Materials.
The Contractor shall provide haul service for materials not
routinely generated in residential areas. Said materials shall
be stored and placed in a manner approved by the City and the
Contractor. No hazardous wastes will be collected by the Con-
tractor unless specifically requested by the generator, approved
by the City, and agreed to by the Contractor.
12. Collection Equipment.
The Contractor shall provide an adequate number of vehicles
approved by the City for regular collection services. They
shall be kept in good repair, appearance, and in a sanitary
condition at all times. Each vehicle shall have clearly visible
on each side the name and phone number of the Contractor. The
type, etc., of collection to be made should be described in an
accompanying ordinance containing specific references to local
and State laws, ordinances, regulations, etc.
13. Office.
The Contractor shall establish and maintain a local office
or such other facilities through which he can be contacted,
where service may be applied for, and complaints can be made.
It shall be equipped with sufficient telephones, shall have
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(a) responsible person(s) in charge during collection hours
and shall be open during collection hours.
14. Hauling.
All solid waste hauled by the Contractor shall be so con-
tained, tied, or enclosed that leaking, spilling, or blowing
are prevented. In the event of any spillage, the Contractor
shall immediately clean up the litter.
15. Title to Waste.
Title to all waste shall be vested in the Contractor upon
being placed in his vehicle.
16. Disposal.
All solid waste for disposal shall be hauled to (a) site(s)
or faci1ity(ies) legally empowered to accept it for treatment
or disposal.
It will be necessary to provide a description of the site(s)
in this section. The treatment or disposal method should also
be specified to assure compliance with applicable local and
State regulations.
17. Charges and Rates.
For any services required to be performed under this con-
tract, the charges shall not exceed the rates as fixed by the
City from time to time. For solid waste collected in the manner
herein provided, the rates shall not exceed the following:
a. Residential: Single and multifamily
regular service (once, twice) weekly (curb,
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alley, backyard, etc.)- Materials stored Monthly Charge
in approved containers or manner. Per
dwelling unit. (Charges to be collected $
by the City.)
b. Special Haul Services. Collections
requested by occupants or owners of bulky
material, large items requiring special
handling and pickup at times other than
normally scheduled.
(1) For solid waste contained in approved
Unit Price
containers, containers provided by the
Contractor or approved bundles at approved
locations.
Up to cubic yards per cubic $
yard (charges
to be collected
by the City)
In excess of cubic yards per cubic $
yard (charges
to be collected
by the City)
(2) For items requiring special handling due to
size, weight, type of material, or method of
placement, the charges are to be negotiated be-
tween Contractor and generator prior to collection.
If agreement cannot be reached, the matter may be
submitted to the City, and its decision shall be
bi nd i ng.
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18. Location.
All solid waste shall be placed at a location that is readily
accessible to the Contractor's personnel, as described by an
accompanying ordinance. (Note: Because local conditions vary,
it is important that details pertinent to this paragraph be
described in a local ordinance.)
19. Change in Cost of Doing Business.
The fees or compensation payable to the Contractor for the
second and subsequent years of the term hereof shall be adjusted
upward or downward to reflect changes in the cost of doing
business, as measured by fluctuations in the Consumer Price
Index (CPI) published by the U.S. Department of Labor, Bureau
of Labor Statistics, for the area. At the start of
the second year and every six months thereafter, the fees or
compensation shall be increased or decreased in a percentage
amount equal to the net percentage change in the said CPI
computed as follows:
Beginning with the first month of the second year, the net
change shall be the difference between the said CPI for the first
month of the Agreement and the last month of the first year.
Beginning with the seventh month of the second year of this
Agreement and every six months thereafter, the net change in the
said CPI shall be the change for the preceding six-month period.
(Note: While it is important to allow for changes in the cost
of doing business, the timing and the computation procedure for
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dealing with these changes may be flexible and need not conform
with the procedure suggested.)
20. Unusual Changes or Costs.
The Contractor may petition the City for rate adjustments
at reasonable times on the basis of unusual changes in his cost
of doing business, such as revised laws, ordinances, or regula-
tions; changes In location of disposal sites or changes in
disposal charges, etc.
21. Compensation.
For payment to the Contractor by the City use: The Con-
tractor shall bill the City for service rendered within ten (10)
days following the end of the (month, quarter, etc.) and the
City shall pay the Contractor on or before the 25th day follow-
ing the end of said (month, quarter, etc.). Said billing and
payment shall be based on the price rates and schedules set forth
in paragraph 19 multiplied by the number of dwelling units shown
in paragraph 3- The City may withhold from payment to the Con-
tractor an amount equal to percent of the total amount
billed to cover the City's cost of billing or administrating
this Agreement.
Include only for Contractor billing: (Compensation. The
Contractor shall bill residential accounts [monthly, every
two months, quarterly] in advance on forms approved by the
City. This would be necessary only if the agreement were for
a franchise rather than a contract service.)
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22. Discontinued Service or Delinquent Accounts.
For payment to the Contractor by the City use: (Discontinued
Service. The Contractor shall discontinue collection service at
any location as set forth in a written notice sent to him by the
City. Upon further notification by the City, the Contractor shall
resume collection on the next regularly scheduled collection day.)
Include only for Contractor billing: (Delinquent Accounts.
The Contractor may discontinue service as set forth in this
section. Persons who have not remitted required payments within
kS days after the date of billing shall be notified on forms
approved by the City. Said form shall contain a statement that
service may be discontinued 15 days from the date of notice if
payment is not made before that time. In the event the Contractor
intends to discontinue a delinquent account, he shall so notify
the City at least 15 days prior to the last day of collection.
Upon payment of the delinquent fees, the Contractor shall resume
collection on the next regularly scheduled collection day.)
23. Routes and Schedules.
The Contractor shall provide the City with maps and schedules
of residential collection routes and keep such information cur-
rent at all times. It shall be the customer's responsibility to
place his solid waste at the appropriate location for collection
before the approved starting hour. In the event of changes in
routes or schedules that will alter the day of pickup, the Con-
tractor shall so notify each customer affected by mail not less
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than two weeks prior to the change. (Note: The establishment
of routes should be included in the Agreement. Although the City
may designate them, it is preferable to merely identify the areas
and units to be served under the contract and allow the Contractor
to establish his own routes in conformance with an accompanying
ordinance. The Contractor should be required to give the City
a schedule before initiating service.)
2k. Complaints.
All complaints shall be resolved within 2k hours. The Con-
tractor shall supply the City with copies of all complaints on
a form approved by it and indicate the disposition of each. Such
records shall be available for City inspection at all times during
business hours. The form shall indicate the day and the hour on
which the complaint was received and the day and the hour on which
it was resolved. When a complaint is received on the day pre-
ceding a holiday or on a Saturday, it shall be serviced on the
next working day.
25. Notification.
The Contractor and City shall agree as to which will notify
all customers about complaint procedures, rates, regulations, and
day(s) of collection.
26. Contractor's Personnel.
a. The Contractor shall assign a qualified person or
persons to be in charge of his operations in the City
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and shall give the name or names to the City; information
regarding experience shall also be furnished.
b. The City has the right to require that the Contractor's
collection employees wear a clean uniform bearing the
company's name.
c. Each employee shall, at all times, carry a valid operator's
license for the type of vehicle he is driving.
d. The City may request the dismissal of any employee of
the Contractor who violates any provision hereof, or who
is wanton, negligent, or discourteous in the performance
of his dut ies.
e. The Contractor shall provide operating and safety
training for all personnel. At least one employee of each
collection crew shall be trained in first aid and each
vehicle shall be equipped with a first aid kit.
f. Wages of all employees of the Contractor shall equal
or exceed the minimum hourly wages established by local,
State, or Federal governments (the maximum rate shall apply).
The wages for each employee classification shall be provided
to the City in an attachment to the bid document.
g. No person shall be denied employment by the Contractor
for reasons of race, creed, or religion.
h. Employees of the Contractor shall have the right to
organize and affiliate with recognized labor unions and
to engage in collective bargaining negotiations.
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27. Compliance with Laws.
The Contractor shall conduct operations under this agreement
in compliance with all applicable laws.
28. Performance Bond.
The Contractor shall furnish to the City a Performance Bond
for the faithful performance of this Agreement. It shall be exe-
cuted by a surety company licensed to do business in this State
and to be in the penal sum of 25 percent of the estimated first
year's billing (based on the bid and the estimated number of
units to be served). Said bond shall indemnify the City against
any loss resulting from any failure of performance by the Con-
tractor, not exceeding, however, the penal sum of the bond.
29. Payment Bond.
The Contractor shall within 10 days of the execution of this
Agreement deliver or cause to be delivered to the City a bond in
the amount of $ executed by a surety company licensed
to do business in this State, guaranteeing payment of wages to
all employees of the Contractor utilized in executing this Agreement
and the cost of all supplies, materials, and insurance premiums
required in fulfilling this Agreement.
30. Indemn i ty .
The Contractor will indemnify, save harmless, and exempt the
City, its officers, agents, servants, and employees from and against
any and all suits, actions, legal proceedings, claims, demands,
damages, costs, expenses, and attorneys' fees incident to any work
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done in the performance of this agreement. The City reserves
the right to retain counsel of its choice, or, in the alternative,
approve counsel obtained by the Contractor.
31. Workmen's Compensation.
The Contractor shall carry, with an insurance company authorized
to transact business in the State of , a policy
that fulfills all the requirements of the Workmen's Compensation
Act of said State, including all legal requirements for occupa-
tional diseases. (Would not apply to monopoly States.)
32. Assignment.
No assignment of the Agreement or any right occurring under
this Agreement shall be made in whole or part by the Contractor
without the express written consent of the City; in the event of
any assignment, the assignee shall assume the liability of the
Contractor.
33- Books and Records.
The Contractor shall keep records of wastes collected and
charges therefore, and the City shall have the right to review
those records which in any way pertain to the payments due him.
(Records required by the City should be listed.) All information
so obtained shall be confidential and shall not be released by
the City unless expressly authorized in writing by the Contractor.
If disposal facilities are operated by the City, records of incoming
wastes should be maintained by the City. Accounting records of the
Contractor shall utilize the system recommended in the Bureau of
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Solid Waste Management publication An Accounting System for Solid
j.
Waste Collection [Public Health Service Publication No. 2033] or
a similar type approved by the City. [Copies of the accounting
system should be provided to all bidders.]
3^4. Bankruptcy.
It is agreed that if the Contractor is adjudged bankrupt, either
voluntarily or involuntarily, then this Agreement shall terminate
effective on the day and at the time the bankruptcy petition is filed,
35. Permits and Licenses.
The Contractor shall obtain at his own expense all permits and
licenses required by law or ordinance and maintain same in full
force and effect.
36. Arbjt£citj_on .
Any controversy or claim arising out of or relating to this
Agreement, or breach thereof, shall be settled by arbitration in
accordance with the rules of the American Arbitration Association,
and judgment upon the award rendered by the arbitrators may be
entered in any court having jurisdiction thereof. Such controversy
or claim shall be submitted to one arbitrator selected from the
National Panel of The American Arbitration Association.
37. Standard of Performance.
If the Contractor fails to collect materials herein specified
for a period in excess of five (5) consecutive, scheduled, working
"Single copies of this publication will be distributed as supplies
permit. Requests should be directed to Publications Distribution Clerk,
Solid Waste Management Office, 5555 Ridge Avenue, Cincinnati, Ohio
^5213.
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days or fails to operate the system in a satisfactory manner, as
described by the attached ordinance, for a similar period, the
City may move as follows (provided such failure is not due to war,
insurrection, riot, Act of God, or any other cause beyond the
Contractor's control): (1) at its option, after written notice
to the Contractor as provided hereinafter, take over and operate
any or all of the Contractor's equipment used in the performance
of this Agreement; (2) use and operate same itself until such
matter is resolved and the Contractor is again able to carry out
his operation under this Agreement. Any and all operating expenses
incurred by the City in so doing may be deducted by it from
compensation to the Contractor hereunder.
During such period, the liability of the City to the Contractor
for loss or damage to such equipment so used shall be that of a
bailee for hire, ordinary wear and tear being specifically exempt
from such liability. The liability of the Contractor to third
persons shall cease and all claims or demands arising out of the
operation of the collection service shall be directed solely to
the City.
Provided, however, if the Contractor is unable for any cause
to resume performance at the end of 30 calendar days, all liability
of the City under this Agreement to the Contractor shall cease
and the City shall be free to negotiate with other Contractors
for the operation of said collection service. Such operation with
another Contractor shall not release the Contractor herein of his
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liability to the City for such breach of this Agreement. In the
event that this contract is so negotiated with a new Contractor
or other Contractors, third party liability of the Contractor
herein shall terminate insofar as same arises from tortious con-
duct in operation of the collection service.
For a Franchise Agreement. (in case of termination and City
operation, the City shall have access to Contractor's records for
the purpose of billing and shall retain all payments and funds
received for the period during which the City provides service.)
38. Number of Copies.
This Agreement may be executed in any number of counterparts,
all of which shall have full force and effect of an original for
al1 purposes .
39• Law to Govern.
This Agreement shall be governed by the laws of the State of
both as to interpretation and performance.
kO. Modification.
This Agreement constitutes the entire Agreement and understanding
between the parties hereto, and it shall not be considered modified,
altered, changed, or amended in any respect unless in writing and
signed by the parties hereto.
^1. Right to Require Performance.
The failure of the City at any time to require performance
by the Contractor of any provisions hereof shall in no way affect
the right of the City thereafter to enforce same. Nor shall waiver
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by the City of any breach of any provisions hereof be taken or
held to be a waiver of any succeeding breach of such provision
or as a waiver of any provision itself.
42. Point of Contact.
All dealings, contacts, etc. between the Contractor and the
City shall be directed by the Contractor to
(Some duly designated official of the City must be identified;
the same type clause might be considered for a contact point with
the Contractor.)
43. Illegal Provisions.
If any provision of the Agreement shall be declared illegal,
void, or unenforceable, the other provisions shall not be affected
but shall remain in full force and effect.
kk. Notice.
A letter addressed and sent by certified United States mail
to either party at its business address shown hereinabove shall
be sufficient notice whenever required for any purpose in this
Agreement.
*t5. Effective Date.
This Agreement shall become effective and the Contractor shall
begin collection of the solid wastes as covered herein
days after the execution hereof.
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CITY:
CONTRACTOR:
IN WITNESS WHEREOF, the City and Contractor have executed this
Agreement as of the day and year first above written.
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APPROVED TO FORM
CITY ATTORNEY
City of
A municipal corporation of the State of
BY
BY
BY
(Name of Contractor
BY
BY
(Sealed, witnessed, and/or notarized as required by the laws of
applicable State.)
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