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
                                     i v

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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
                               23

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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.
                                    25

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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
                               27

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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.
                               28

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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.
                               29

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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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