CITY OF JACKSON, TENNESSEE
CONTRACT DOCUMENTS
&
SPECIFICATIONS
FOR
SOLID WASTE BALING AND RECYCLING
October 1996
REQUEST FOR PROPOSALS
For Solid Waste Bailing and Recycling Services
City of Jackson, Tennessee
Sealed Proposals will be received by the City of Jackson, Tennessee, for baling and
recycling of solid waste at the City Hall, 314 East Main Street, P. O. Box 2508, Jackson,
Tennessee 38302, on or before 10:30 a.m., C.D.T. on October 16, 1996. The envelope
containing the proposal must be sealed and plainly marked "Proposal for Solid Waste
Baling and Recycling Service".
Proposals must be made on the Proposal Forms and in accordance with Instructions to
Bidders furnished by the City of Jackson.
The defined terms appearing in the General Specifications apply to all Contract
Documents.
A proposal bond or certified check must accompany the Proposal, in accordance with the
Instructions to Bidders.
The City reserves the right to reject any or all Proposals regarding the baling and
recycling of solid waste, to waive irregularities and/or informalities in any Proposal, and
to make an award in any manner, consistent with law, deemed in the best interest of the
City.
Date:
INSTRUCTIONS TO BIDDERS
SOLID WASTE BALING AND RECYCLING SERVICES
1.
RECEIPT AND OPENING OF PROPOSALS
The City of Jackson invites and will receive Proposals on the forms attached hereto, all
information on which must be appropriately completed. Proposals will be received at
City Hall until 10:30 a.m. on October 16, 1996, and publicly opened and read aloud on
the aforesaid date. The envelopes containing the Proposals must be sealed and addressed
to Susan White, Purchaser, City of Jackson, (314 East Main) P. O. Box 2508, Jackson,
TN 38302, and plainly marked "Proposal for Solid Waste Baling and Recycling
Services".
2.
PREPARATION OF THE PROPOSAL
All Proposals shall be made on the Proposal Form attached hereto and shall give the
amount of bids for work and must be signed by the Bidders. Blank spaces in each
Proposal Form together with appropriate schedules must be completed in full in ink or
typewritten.
If a unit price or a lump sum already entered by the Bidder on the Proposal Form is to be
altered, it shall be crossed out with ink and the new unit price or lump sum bid entered
above or below it, and initialed by the Bidder in ink.
Each Proposal, together with appropriate schedules, must be submitted in a sealed
envelope bearing on the outside the name of the Bidder, its address, and plainly marked
"Proposal for Solid Waste Baling and Recycling Services". If forwarding by mail, the
sealed envelope containing the Proposal must be enclosed in another envelope addressed
as specified in the Proposal. The City may consider as irregular any Proposal not
prepared and submitted in accordance with the provisions hereof and may waive any
informalities or reject any and all Proposals.
Any Proposal may be withdrawn prior to the above-scheduled time for the opening of
Proposals or authorized postponement thereof.
Any Proposal received after the time and date specified above shall not be considered.
3.
PROPOSAL SECURITY AND EVIDENCE OF INSURANCE
Each Proposal must be accompanied by a bond or a cashier’s check of the Bidder, drawn
on a national bank, in the amount of $25,000.00. The total shall be a guarantee on the
part of the Bidder that it will, if called upon to do so, accept and enter into a contract on
the attached form, to do the work covered by such Proposal and at the rates stated therein.
Checks and bonds will be returned promptly after the City and the selected Bidder have
executed the Contract, or, if no Bidder's Proposal has been selected within ninety (90)
days after the date of the opening of Proposals, upon demand of the Bidder at any time
thereafter, so long as it has not been notified of the acceptance of its Proposal.
Each Proposal must also be accompanied by a certificate of insurance evidencing the
coverage set forth in Section 14.00 of the General Specifications.
4.
LIQUIDATED DAMAGES FOR FAILURE TO ENTER
INTO THE CONTRACT
The Contract shall be deemed as having been awarded when formal notice of award has
been mailed by the City to the Bidder.
The Bidder to whom the Contract has been awarded will be required to execute 3 copies
of the Contract on the form attached hereto and to furnish insurance certificates, all as
required. In case of the Bidder's refusal or failure to do so within twenty (20) days after
its receipt of formal notice of award, Bidder will be considered to have abandoned all
rights and interests in the award, and Bidder's proposal security may be declared forfeited
to the City as liquidated damages and the award may then be made to the next best
qualified Bidder or the work readvertised for Proposals as the City may elect.
5.
POWER OF ATTORNEY
Attorneys-in-fact who sign bonds must file with each bond a certified and effectively
dated copy of their power of attorney.
6.
SCOPE OF WORK
The work under this Contract shall consist of the items contained in the General
Specifications and Proposal, including all incidentals necessary to fully complete said
work in accordance with the Contract Documents.
The City of Jackson is interested in obtaining proposals for baling and recycling
residential, commercial, and industrial solid waste. All solid waste designated for the
Class I landfill shall be hauled to the city's recycling center located at 300 Red Lane. All
Class I solid waste, except special waste, shall be placed on the tipping room floor by an
agent of the city. The work to be performed under this contract is generally described as
follows:
1.
Move waste from the tipping floor and separate the
recyclables from the waste stream.
2.
Bale all waste going to the Class I landfill for burial. The
city will remove bales from the Contractor’s trucks.
3.
Non-processable waste will be returned, reweighed, and
deducted from the billable tonnage.
7.
CONDITIONS
Each Bidder shall fully acquaint itself with conditions relating to the scope and
restrictions attending the execution of the work under Contract. Bidders shall thoroughly
examine and be familiar with the Specifications. It is also expected that the Bidders will
obtain information concerning the conditions at locations that may affect its work.
The failure or omission of any Bidder to receive or examine any form, instrument,
addendum or other document, or to acquaint itself with existing conditions, shall in no
way relieve it of any obligations with respect to his Proposal or to the Contract. The City
shall make all such documents available to the Bidder.
The Bidder shall make its own determination as to conditions and shall assume all risk
and responsibility and shall complete the work in and under conditions it may encounter
or create, without extra cost to the City.
The Bidder's attention is directed to the fact that all applicable State laws, municipal
ordinances, and the rules and regulations of all authorities having jurisdiction over the
work to be performed shall apply to the Contract throughout, and they will be deemed to
be included in the Contract as though written out in full in the Contract.
8.
ADDENDA AND EXPLANATIONS
Explanations desired by a prospective Bidder shall be requested of the City in writing,
and if explanations are necessary, a reply shall be made in the form of an Addendum, a
copy of which will be forwarded to each Bidder. Every request for such explanation shall
be in writing addressed to Susan White, Purchaser. Any verbal statements regarding
same by any person prior to the award, shall be unauthoritative and not binding.
Addenda issued to Bidders prior to date of receipt of Proposals shall become a part of the
Contract Documents, and all Proposals shall include the work described in the Addenda.
No inquiry received within seven (7) days of the date fixed for the submission and
opening of Proposals will be given consideration.
Any and all such interpretations and any supplemental instructions will be in the form of
written Addenda, which, if issued, shall be mailed to all prospective Bidders, not later
than five (5) days prior to the date fixed for the opening of Proposals.
9.
NAME, ADDRESS, AND LEGAL STATUS OF THE BIDDER
The Proposal must be properly signed in ink and the address of the Bidder given. The
legal status of the Bidder whether corporation, partnership, or individual, shall also be
stated in the Proposal.
A corporation shall execute the Proposal by its duly authorized officers in accordance
with its corporate by-laws and shall also list the state in which it is incorporated. A
partnership Bidder shall give full names of all partners. Partnership and individual
Bidders will be required to state in the Proposal the names of all persons interested
therein.
The place of residence of each Bidder, or the office address in the case of a firm or
company, with county and state and telephone number, must be given after his signature.
If the Bidder is a joint venture consisting of a combination of any or all of the above
entities, each joint venturer shall execute the Proposal.
Anyone signing a Proposal as an agent of another or others must submit with his
Proposal, legal evidence of his authority to do so.
10.
COMPETENCY OF BIDDER
The opening and reading of the Proposal shall not be construed as an acceptance of the
Bidder as a qualified, responsible Bidder. The City reserves the right to determine the
competence and responsibility of a Bidder from its knowledge of the Bidder's
qualifications or from other sources.
The City shall require submission with the Proposal of the following supporting data
regarding the qualifications of the Bidder in order to determine whether it is a qualified,
responsible Bidder. The Bidder will be required to furnish the following information:
(a)
An itemized list of the Bidder's equipment available for use
on the Contract.
(b)
A copy of the latest available certified financial statement
of the Bidder (or its parent corporation if individual subsidiary or division financial
statements are not prepared and generally available) certified by a recognized firm of
independent certified public accountants.
(c)
Evidence that the Bidder is in good standing under the laws
of the State of Tennessee, and, in the case of corporations organized under the laws of
any other State, evidence that the Bidder is licensed to do business and in good standing
under the laws of the State of Tennessee or a sworn statement that it will take all
necessary action to become so licensed if its Proposal is accepted.
(d)
Evidence, in form and substance satisfactory to City, that
Bidder (or Bidder's subsidiaries or affiliates) has been in existence as a going concern for
in excess of four (4) years and possesses not less than four (4) years actual operating
experience as a going concern in either refuse collection, disposal, recycling or baling.
In the event that the City shall require additional certified supporting data regarding the
qualifications of the Bidder in order to determine whether he is a qualified responsible
bidder, the Bidder may be required to furnish any or all of the following information
sworn to under oath:
(a)
Evidence that the Bidder is capable of commencing
performance as required in the Contract Documents.
(b)
Evidence, in form and substance satisfactory to City, that
Bidder possesses as a going concern the managerial and financial capacities to perform
all phases of the work called for in the Contract Documents.
(c)
Evidence, in form and substance satisfactory to City, that
Bidder's experience as a going concern in either refuse collection, recycling, baling,
and/or disposal derives from operations of comparable size to that contemplated by the
Contract Documents.
(d)
Such additional information as will satisfy the City that the
Bidder is adequately prepared to fulfill the Contract.
The Bidder may satisfy any or all of the experience and qualification requirements of this
Paragraph by submitting the experience and qualifications of its parent organization and
subsidiaries or affiliates of the parent.
11.
DISQUALIFICATION OF BIDDERS
Although not intended to be an exhaustive list of causes for disqualification, any one or
more of the following causes, among others, may be considered sufficient for the
disqualification of a Bidder and the rejection if its Proposal:
(a)
Evidence of collusion among Bidders.
(b)
Lack of competency as revealed by financial statements,
experience or equipment statements as submitted or other factors.
(c)
Lack of responsibility as shown by past work, judged from
the standpoint of workmanship as submitted.
(d)
Default on a previous municipal contract for failure to
perform.
12.
BASIS OF THE PROPOSAL
Proposals for refuse baling and recycling at the city's landfill are solicited on the basis of
dollars per ton of waste delivered to the tipping room floor less non-processable waste.
13.
QUANTITIES
The following figures are given for the use of the bidders, and the city assumes no
responsibility for their accuracy. The tonnage per year for 1993, 1994, and 1995 are as
follows:
SOLID WASTE TONNAGE
YearWaste to Baling & Recycling Facility
Baled Waste
Returns (Non-Processed)
Class I Landfill Loose
Class I Landfill
Total
199384,50181,75328576082,513
199491,13082,02947612,34694,395
199556,447*53,560*57443,559*97,119
*Baling & Recycling Facility out of service 3 months due to fire.
14.
METHOD OF AWARD
The City reserves the right to accept any Proposal or to reject any or all Proposals, and to
waive defects or irregularities in any Proposal. In particular, any alteration, erasure or
interlineation of the Contract Documents and of the Proposal shall render the
accompanying Proposal irregular and subject to (but not requiring) rejection by the City.
15.
DISPOSAL SITE
All waste will be hauled to the City's landfill site at 300 Red Lane. As directed by the
Superintendent of Health and Sanitation, part will go to the floor of the recycling center;
part to the landfill and, part to the Class III/IV Area of the landfill.
16.
PREBID CONFERENCE
A prebid conference is scheduled at City Hall, 314 East Main Street, Jackson, Tennessee,
at 10:30 a.m. on October 8, 1996.
SOLID WASTE BALING AND RECYCLING SERVICES
GENERAL SPECIFICATIONS
1.00
DEFINITIONS
1.01
City - The City of Jackson, Tennessee.
1.02
Contractor - The person, corporation or partnership performing
solid waste baling and recycling under contract with the City.
1.03
Expiration of this contract - The end of the contractual relationship
between the Contractor and the City under this Contract, regardless of the reasons or
circumstances of such ending of the contractual relationship.
1.04
Solid Waste - any garbage, refuse, or rubbish, including without
limitation recyclable materials when they become discarded, and any other discarded
materials, including solid, liquid, semi-solid, or contained gaseous material resulting from
industrial, commercial, warehousing, and agricultural operations, and from community
activities, but does not include solid or dissolved materials in domestic sewage, or solid
or dissolved materials in irrigation return flows or industrial discharges which are point
sources subject to permits under Section 402 of the Federal Water Pollution Control Act
(compiled at 33 U.S.C. 1342) as amended, or source, special nuclear, or by-product
material as defined by the Atomic Energy Act of 1954, as amended (compiled at 42
U.S.C. 2011 et seq.) See Appendix A for a general classification of solid waste.
1.05
Hazardous Waste - Waste, in any amount, which is defined,
characterized or designated as hazardous by the United States Environmental Protection
Agency or appropriate State Agency by or pursuant to Federal or Sate law, or waste, in
any amount, which is regulated under Federal or State law.
1.06
Recycle - Any method, technique, or process utilized to separate,
process, modify, convert, treat, or otherwise prepare solid waste so that component
materials or substances may be beneficially used or re-used as products, raw materials, or
energy sources, except that any use or reuse of a solid waste may not be used in a manner
that would constitute solid waste disposal.
1.07
Recyclable - Any material of current economic value retrieved
from waste streams after processing, transportation, and putting in a condition for
marketing or sale as a material that has been recycled.
1.08
Baling - A method of reducing and restraining (binding) solid
waste volume by mechanical compaction to achieve high density per unit volume.
1.09
Process - The actions necessary to recycle and bale solid waste.
1.10
Facility - A combination of buildings, structures, machinery or
devices utilized to perform solid waste processing, including the tract of land leased to
the Contractor. The term does not include collection vehicles and landfill roads.
1.11
Special Waste - Waste that requires special handling including, but
not limited to, hazardous waste, infectious waste and radioactive waste.
1.12
Health and Sanitation Superintendent - The Director of the
Department of Health and Sanitation, Landfill and Vector Control.
1.13
Yard and Demolition Material - Leaves, loose brush, loose
material limbs and waste, other than special wastes, resulting from construction,
remodeling, repair and demolition of structures and from road building. Such wastes
include but are not limited to bricks, concrete and other masonry materials, soil, rock and
lumber, road spoils, rebar, paving material.
1.14
Demolition Landfill - Class IV Disposal Facility as described by
State Regulations, promulgated as rule Chapter 1200-1-7.
1.15
Sanitary Landfill - Class I Disposal Facility as described by State
Regulations, promulgated as rule Chapter 1200-1-7; a method of disposing of solid waste
into or on land without creating nuisances or hazards to public health or to the
environment by utilizing the principles of engineering to confine the solid waste to the
smallest practical area, to reduce it to the smallest practical volume, and to cover it with a
layer(s) of an approved material.
2.00
SCOPE OF CONTRACT
2.01
The Contractor shall purchase the building and equipment (the
baling and recycling center) from the City.
2.02
The Contractor shall execute the lease on the land for the baling
and recycling center from the city as per the attached leasing contract.
2.03
The work to be done consists of furnishing all labor, tools,
equipment and materials, supplies and services necessary to satisfactorily recycle,
process, and bale all solid waste, as hereinafter defined, from all residential, commercial,
apartment and industrial locations within the limits of Madison County, Tennessee;
transport said baled solid waste to the Jackson-Madison County Class I Landfill; and
perform all work or services incidental to providing solid waste recycling, processing and
baling services in strict accordance with the Universal Garbage Ordinance of the City of
Jackson, and all applicable Madison County, State and Federal Regulations, and in strict
accordance with the terms and provisions of this Contract.
2.04
The Contractor agrees to establish a goal to reduce through
recycling the weight of solid waste deposited in the sanitary landfill by not less than five
percent (5%) not later than thirty (30) days following commencement of Contractor’s
operations. The percent reduction in weight will be calculated by using the weight of the
solid waste going to the baling and recycling center and the weight of the bales from the
recycling center plus the returned non-processable waste going to the Class I landfill.
2.05
The City’s obligation to make payments shall begin when
Contractor begins baling solid waste.
2.07
In performance of this Contract, the Contractor binds itself to the
City to comply fully with all provisions, undertakings, and obligations hereinafter set
forth.
3.00
BUILDING AND EQUIPMENT
3.01
The Contractor agrees to purchase the existing building and
equipment from the City of Jackson at the following prices:
(A)
(B)
3.02
waste per day.
Building
Equipment
$1,202,660.88
$ 973,739.86
The existing equipment is designed to handle 250 tons of solid
3.03
The Contractor shall keep the Facility and the baling and conveyor
equipment insured at all times against damage or loss by fire or other casualty to the
extent of the full insurable value thereof. Notwithstanding any provision in this
Agreement to the contrary, the City shall have no obligation to purchase either the facility
or the baling and conveyor equipment if any part thereof has been damaged or destroyed
by an insurable casualty, unless such damage has been fully repaired and restored to the
same condition as existed immediately prior to such casualty.
3.04
If the existing contractor is the successful bidder on this contract,
the city will not require a transfer of building and equipment.
3.05
The successful bidder shall tender money to purchase the building
and equipment 30 days prior to beginning operations.
3.06
Upon the expiration of this contract, the Contractor agrees to sell to
the City, the building and equipment as detailed in 16.03.
4.00
FACILITY LOCATION AND CONDITIONS
4.01
The City will lease to the Contractor a parcel of property located
on the site of the City’s Sanitary Landfill which is large enough to allow the Facility to
operate efficiently and does not interfere with City operations (the Leased Premises).
The lease price will be One Dollar ($1.00) per year for the length of the initial term of
this Contract and any extensions or renewals.
4.02
The lease agreement form is attached and must be executed
concurrent with or before the sale of the building and equipment. If the existing
contractor is the successful bidder, the existing lease agreement will be renewed.
4.03
The Contractor agrees that all buildings and equipment located on
the Leased Premises shall be kept in an aesthetically pleasing manner. The Contractor
shall be responsible for landscaping and maintaining the Leased Premises. The
Contractor shall keep all grass and weeds mowed to a height of six (6) inches or less and
the grounds kept free of litter. If litter escapes from the Facility, the Contractor shall
remove it from any location to which the elements may relocate it. If litter control is a
continual problem, the Contractor shall install a litter control fence of a height and of
components that will effectively control litter.
5.00
BALING AND RECYCLING PROGRAM
5.01
The Contractor shall purchase the building and equipment from the
city, lease the land, remove recyclable items from the waste stream, and bale the
remaining items.
5.02
All refuse and solid waste baled by the Contractor for disposal
shall be hauled by Contractor to the City’s Sanitary Landfill adjacent to the Leased
Premises for removal and burying by City crews. This service must be provided in a
timely manner which corresponds with the Landfill operation hours.
5.03
All refuse, solid waste or recyclables baled or loose must be stored
and transported in a manner which will not allow any litter, debris or material to be
strewn, blown or dislodged. All such debris or material shall be picked up and removed
by the Contractor.
5.04
In the event use of alternate sites is required, hauling to such sites
will be the responsibility of the City.
5.05
The Contractor shall not recycle, process or bale commercial,
Industrial or residential solid waste generated outside Madison County at this site.
5.06
Except for special waste and waste acceptable for disposition in
the Class III/IV landfill, all waste will be directed to the baling and recycling facility
from the scales by the City’s personnel. Waste will be dumped onto the tipping floor as
directed by the Contractor.
5.07
The Contractor shall have the right to place a representative in the
scale house. This representative shall assist the city personnel in directing the trucks to
the proper facility. However, in case of a dispute the city’s decision is final.
5.08
The Contractor will only accept solid waste which is deemed
acceptable by local, state and federal laws, regulations or ordinances. The Contractor
will monitor each load of solid waste as it is unloaded to determine if the waste is
acceptable. If the waste is not acceptable, the Contractor shall reload said waste onto the
Owner’s vehicle at the vehicle owner’s expense. In such instance, the City’s designated
representative shall be notified immediately and be on site before the vehicle containing
unacceptable or hazardous waste is allowed to leave. It is the intent of both the
Contractor and the City to identify and deny acceptance of any unacceptable or hazardous
waste.
5.09
The Contractor shall then remove any recyclable material that he
deems economically feasible, but will establish a goal of at least five percent (5%).
5.10
of the Contractor.
All material removed from the waste stream becomes the property
5.11
The percent removal shall be calculated on the difference in the
weight going to the baling and recycling facility and the weight of the bales going to the
Class I Landfill.
6.00
OPERATIONS
6.01
All operations of the Contractor upon the Leased Premises shall be
confined to areas authorized by the City. No unauthorized or unwarranted entry, passage
through, or storage or disposal of materials shall be made upon City premises. The
Contractor shall hold and save the City free and harmless from liability of any nature or
kind arising from any use, trespass or damage occasioned by its operations or premises of
third persons.
6.02
The baling and recycling facility shall be open and receiving waste
with hours to coincide with collection and disposal. These operating hours shall be 7:00
a.m. to 5:00 p.m., Monday through Friday, and 7:00 a.m. to 12:00 noon on Saturday.
Exceptions to these hours shall be effected only upon mutual agreement of the City and
Contractor.
6.03
The Contractor shall maintain an office at the Solid Waste Facility
equipped with telephone service and such attendants as may be necessary to receive and
handle complaints or to receive instructions and directions from the City’s inspector. In
addition, a system of communication shall be established whereby the Contractor can be
contacted in case of emergency twenty-four hours per day.
6.04
The Contractor shall at all times keep the storage area and the
premises used by it free from accumulations of waste materials and rubbish, and prior to
completion of the work shall remove any waste materials and/or rubbish from and about
the premises. Upon completion of each workday, the Contractor shall leave the storage
areas and premises in a condition satisfactory to the City.
6.05
All equipment used by the Contractor shall be equipped with
warning lights and the name of the Contractor shall be prominently displayed thereon.
Contractor shall not use a firm name or trade name containing the words “City” or
“Jackson” or any other words implying municipal ownership.
6.06
The Contractor shall maintain equipment and facilities for washing
and cleaning its equipment and shall maintain the facility, truck and other equipment in a
clean and sanitary condition at all times. The interior of each body shall be washed and
cleaned regularly All equipment shall be well painted at all times so as to present a
pleasing appearance.
It shall be the responsibility of the Contractor to require all vehicles to be free of solid
waste that can be blown or fall from a vehicle after leaving the Facility.
6.07
Contract:
Holidays - The following shall be holidays for purposes of this
New Year's Day
Martin Luther King Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
Contractor may decide to observe any or all of the above-mentioned holidays by
suspension of service on the holiday, but such decision in no manner relieves Contractor
of its obligation to provide service as contracted. The baling and recycling facility must
operate with the collection service provided by the City under another contract and the
landfill operation of the City. Therefore, closings must be coordinated through the
Health and Sanitation Superintendent of the City.
6.08
Supervision of Work and Employees - The Contractor shall
provide a full-time resident foreman or superintendent to be in charge of the work done
by the Contractor under this Contract, said foreman or superintendent to be someone
experienced in this line of work, with authority to act on behalf of the Contractor.
The Contractor agrees and covenants that supervision shall be maintained over its
employees to the end that said employees are neat in appearance, courteous in demeanor,
and as quiet as is consistent with their duties. The Contractor agrees to remove from
service any employee who violates the provisions hereof and who is negligent or
discourteous in the performance of his duty, subject to any collective bargaining
agreement the Contractor might enter into.
6.09
Inspection - All services rendered by Contractor under the Contract
shall be subject to City inspection, at any and all times during the term of this Contract.
The City shall have the right to reject defective workmanship and services and to require
their correction. Rejected workmanship and/or services shall be satisfactorily corrected
without additional charge therefor.
6.10
Point of Contact - All dealings, contacts, etc., between the
Contractor and the City shall be directed to the Contractor:
(title of
position or office) and to the City: Brent Lewis, Superintendent of Health & Sanitation,
and Charles Farmer, Mayor.
6.11
Reports & Data - The Contractor shall maintain records as directed
by the City for monthly reports. The Contractor shall meet with the City and shall
develop a report form to provide the following information:
1.
2.
Tonnage of material and class material sold.
Other as may be specified except price received for
material sold.
7.00
COMPLIANCE WITH LAWS
The Contractor shall conduct operations under this Contract in compliance with all
applicable laws; provided, however, that the General Specification shall govern the
obligations of the Contractor where there exist conflicting ordinances of the City on the
subject.
8.00
EFFECTIVE DATE
This Contract shall be effective upon the execution of the Contract and performance of
such Contract shall begin on April 2, 1997.
9.00
UTILITIES
The Contractor shall be responsible for all utilities necessary to operate the Facility such
as but not limited to power, water, communication, and wastewater. In the event water is
not available to the Leased Premises by a public utility company, the city shall provide
the same to the Contractor at the City’s cost, but the Contractor shall pay to the City each
month an amount substantially equivalent to the monthly charge which would be made
for water service by Jackson Utility Division (“JUD”) as if water were available,
including tap-on charges. As soon as water is available, the facility shall begin using
water provided by JUD.
10.00
NONDISCRIMINATION
The Contractor shall not discriminate against any person because of race, sex, age, creed,
color, religion or national origin.
11.00
INDEMNITY
The Contractor will indemnify and save harmless 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 to the extent resulting from a
willful or negligent act or omission of the Contractor, its officers, agents, servants, and
employees in the performance of this Contract; provided, however, that the Contractor
shall not be liable for any suits, actions, legal proceedings, claims, demands, damages,
costs, expenses and attorneys' fees arising out of the award of this Contract or a willful or
negligent act or omission of the City, its officers, agents, servants and employees.
12.00
LICENSES AND TAXES
The Contractor shall obtain all licenses and permits (other than the license and permit
granted by the Contract) and promptly pay all taxes required by the City. The Contractor
is liable for all taxes in the execution of the work required by this contract.
13.00
TERM
The contract shall be for a five (5) year period beginning April 2, 1997, and ending five
(5) years thereafter for the baling and recycling of solid waste with an option for a five
year extension.
The City has an option to extend the contract price using the method as shown on the bid
form on a per year basis for five years. The City must give the Contractor at least six (6)
months notice before terminating the contract after the initial five (5) years.
14.00
INSURANCE
The Contractor shall at all times during the Contract maintain in full force and effect
Employer's Liability, Workmen's Compensation, Public Liability and Property Damage
Insurance, including contractual liability coverage for the provisions of Section 11.00.
All insurance shall be provided by insurance companies with an A.M. Best rating of A or
higher. All policy limits shall be acceptable to the City and before commencement of
work hereunder the Contractor agrees to furnish the City certificates of insurance or other
evidence satisfactory to the City to the effect that such insurance has been procured and is
in force. The City of Jackson must be named as additionally insured in all policies. The
certificates shall contain the following express obligation:
"This is to certify that the policies of insurance described herein have been issued to the
insured for whom this certificate is executed and are in force at this time. In the event of
cancellation or material change in a policy affecting the certificate holder, thirty (30) days
prior written notice will be given the certificate holder."
For the purpose of the Contract, the Contractor shall carry the following types of
insurance in at least the limits specified below:
Coverages
Workmen's Compensation
Employer's Liability
Bodily Injury Liability Except Automobile
Property Damage Liability Except Automobile
Automobile Bodily Injury Liability
Automobile Property Damage Liability
Excess Umbrella Liability
Limits of Liability
Statutory
$500,000
$500,000 each occurrence
$1,000,000 aggregate
$500,000 each occurrence
$1,000,000 aggregate
$500,000 each person
$1,000,000 each occurrence
$500,000 each occurrence
$2,000,000 each occurrence
To the extent permitted by law, all or any part of any required insurance coverages may
be provided under a plan or plans of self-insurance. The coverages may be provided by
the Contractor's parent corporation.
15.00
BASIS AND METHOD OF PAYMENT
15.01
Rates. For baling and recycling services required to be performed
pursuant to the specifications, the charges shall not exceed the rates as fixed by the
Contract Documents.
15.02
Scales. The determination of the net number of tons shall be made
by the City by using computerized scales which shall be furnished by the City. The City
shall man the scales with City employees at which point the waste will be directed to the
Baling and Recycling Facility, the City’s Class III/IV Landfill, or the City’s Class I
Landfill. The City shall only pay the Contractor for solid waste directed to the Facility,
and any waste the Contractor cannot process shall be reweighed and deducted from the
day’s tonnage.
15.03
Modification to Rates - The fees which are established by contract
shall not be changed during the life of the contract.
15.04
Contractor Billings to City - The Contractor shall bill the City for
service rendered following the end of the month and the City shall pay the Contractor on
or before the 10th of such month. All billing and payment shall be based on the rates and
schedules set forth in the Contract Documents.
16.00
EVENT OF DEFAULT BY CONTRACTOR; REMEDY OF
CITY; AND CITY’S OBLIGATION TO PURCHASE BUILDING AND
PERSONAL PROPERTY
16.01
Default. The Contractor shall be in default under this Agreement
for failure to comply with all terms and provisions herein, and such failure to comply
continues for more than thirty (30) days after written notice thereof to Contractor.
16.02
Remedies of City. Upon default by Contractor, the City shall have
the right to terminate Contractor’s rights under this Contract, except for the right to
receive payment as provided in paragraph 16.03 below; and the City may take possession
of the Facility and operate the same, by contract or otherwise, and Contractor shall be
liable to the City for any costs associated with such expiration of this Contract and the
“taking over” of the Facility.
16.03
City’s Obligation to Purchase. If the City terminates this Contract,
it shall constitute an expiration of this Contract, and the City shall purchase the building,
baling and conveyor equipment from Contractor in accordance with the price as
determined as shown in Appendix B. Appendix B shows a straight line depreciation
based on the life of the equipment and also establishes the value at the start of this
Contract.
The purchase of such property from the Contractor shall be closed within sixty (60) days
of the expiration of this Contract. If Contractor is obligated to any secured creditor
whose lien is secured by the property to be purchased by the City, the purchase price
shall be paid to such secured creditor of Contractor, for the benefit of Contractor, without
any set-off by the City of any sums owed to the City or alleged to be owed to the City by
the Contractor, or without exercising any other equitable withholding of funds due the
Contractor, and without exercising any set-off of any excess costs or alleged excess costs
the City may incur in the process of terminating this Contract and “taking over” the
Facility.
17.00
TRANSFERABILITY OF CONTRACT
Other than by operation of law, no assignment of the Contract or any right accruing under
this Contract shall be made in whole or in part by the Contractor without the express
written consent of the City, which consent shall not be unreasonably withheld; in the
event of an assignment, the assignee shall assume the liability of the Contractor.
18.00
PENALTIES
18.01
Baling. The Contractor shall bale all solid waste prior to being
delivered to the City’s Sanitary Landfill for disposal. In the event the City is required to
handle any unbaled solid waste, the City incurs expenses as a result of handling unbaled
solid waste, the Contractor shall reimburse the City for additional expenses incurred
while the City handles such unbaled solid waste; provided, however, that in the event that
such sums are owed by the Contractor to the City upon the expiration of this Contract, no
sums shall be set off by the City against any payment to a secured creditor of Contractor
holding a lien on any of the property the City is obligated to purchase from the Contractor
upon expiration of this Contract. The Contractor will not receive payment for any waste
deposited in the Landfill that has not been baled. In the event the Contractor continually
fails to bale solid waste prior to disposal, the Contractor shall reimburses the City for the
additional landfill space consumed by the disposal of unbaled solid waste.
18.02
Recycling. The Contractor agrees to establish as a goal the
removal of a minimum of five percent (5%) of the total weight of the waste as recyclables
before baling.
19.00
CONTRACT NOT A FRANCHISE
It is the understanding and intention of the parties hereto that this agreement shall
constitute a contract for the baling and recycling of refuse; that said Contract shall not
constitute a franchise; nor shall the same be deemed or construed as such.
20.00
RECYCLABLES
20.01
The Contractor will be the sole owner of recyclable material
recovered from the solid waste which is processed.
20.02
In the event the City initiates a recycling program which would
improve the quality and value of recyclables in the solid waste being processed, the
Contractor shall support and assist the City in implementing such a program, if the
program would benefit the City and the Contractor.
21.00
CONTRACT EXTENSION
The Bidder shall provide the City with a proposed method of extending the firm five (5)
year contract for an additional five (5) years on a per year basis. If the extension is based
on a factor such as CPI, the bidder must describe in detail the exact factor to be used and
where it can be found.
CONTRACT
THIS CONTRACT, made and entered into this
day of
, 19 , by and
between the City of Jackson, a Municipal Corporation of Madison County, Tennessee,
(hereinafter called the "City"), and
(hereinafter called "Contractor").
W I T N E S E T H:
WHEREAS, the Contractor did on the
day of
, 19 , submit a Proposal to
provide Solid Waste Baling and Recycling Services within the City and to perform such
work as may be incidental thereto.
NOW, THEREFORE, in consideration of the following mutual agreements and
covenants, it is understood and agreed by and between the parties hereto as follows:
1.
The Contractor is hereby granted a contract for services within the
territorial jurisdiction of the City and shall furnish all personnel, labor, equipment, trucks,
and all other items necessary to provide Solid Waste Baling and Recycling Services as
specified and to perform all of the work called for and described in the Contract
Documents.
2.
The Contract Documents shall include the following documents,
and this Contract does hereby expressly incorporate same herein as fully as if set forth
verbatim in this Contract:
a.
The Request for Proposals.
b.
The Instructions to Bidders.
c.
The Contractor's Proposal.
d.
The General Specifications.
e.
The resolution of the City ordering or authorizing the work
and services contemplated herein.
f.
This instrument.
g.
Any addenda or changes to the foregoing documents agreed
to by the parties hereto.
3.
All provisions of the Contract Documents shall be strictly
complied with and conformed to by the Contractor, and no amendment to this Contract
shall be made except upon the written consent of the parties, which consent shall not be
unreasonably withheld. No amendment shall be construed to release either party from
any obligation of the Contract Documents except as specifically provided for in such
amendment.
4.
This Contract is entered into subject to the following conditions:
a.
The Contractor shall procure and keep in full force and
effect throughout the term of this Contract all of the insurance policies specified in, and
required by, the Contract Documents.
b.
Neither the Contractor nor the City shall be liable for the
failure to perform their duties if such failure is caused by a catastrophe, riot, war,
governmental order or regulation, strike, fire, accident, act of God or other similar or
different contingency beyond the reasonable control of the Contractor.
c.
In the event that any provision or portion thereof of any
Contract Document shall be found to be invalid or unenforceable, then such provision or
portion thereof shall be reformed in accordance with the applicable laws. The invalidity
or unenforceability of any provision or portion of any Contract Document shall not affect
the validity or enforceability of any other provision or portion of the Contract
Documents.
IN WITNESS WHEREOF, we, the contracting parties, by our duly authorized agents,
hereto affix our signatures and seals at
day of
,
, as of this
, 19 A.D.
CITY OF JACKSON, TENNESSEE
A Municipal Corporation of
Madison County, Tennessee
By:
Mayor
and
City Recorder
SEAL OF THE CITY OF
JACKSON, TENNESSEE
ATTEST:
Secretary
By:
"Contractor"
SEAL
CONTRACTOR'S PROPOSAL & BID FORM
FOR
SOLID WASTE BALING AND RECYCLING SERVICES
To:
The Mayor of the City of Jackson, Tennessee
Proposal of
(an individual) (a partnership) (a corporation duly organized under the laws of the State
of Tennessee).
The undersigned having carefully read and considered the terms and conditions of the
Contract Documents for Solid Waste Baling and Recycling Services for the City of
Jackson, does hereby offer to perform such services on behalf of the City, of the type and
quality and in the manner described, and subject to and in accordance with the terms and
conditions set forth in the Contract Documents at the rates hereinafter set forth.
1.
five percent (5%).
The charge per ton for baling with a minimum recycling goal of
Year 1
Year 2
Year 3
Year 4
Year 5
2.
It is mutually agreed that the City has the option to extend
the Contract for an additional five (5) years on a per year basis using an inflation factor of
* applied to the previous year’s contract price.
*If a factor such as CPI is used explain in detail the factor
proposed.
BIDDER
By:
principal office address
(CITY) (STATE) (COUNTY)
TELEPHONE:
LAND LEASE
THIS LAND LEASE AGREEMENT made effective on the
day of
, 1997, by and between THE CITY OF JACKSON, a
municipal corporation located in Madison County, Tennessee, (the “Lessor”) and
(The “Lessee”).
WITNESSETH:
1.
Consideration. The consideration for this lease is the
execution and delivery by and between the Lessor and the Lessee of that certain
“Contract for Solid Waste Baling and Recycling” between the Lessor and the Lessee
effective on
(the “Contract”).
2.
Definitions. It is agreed that the terms defined in this
Section 2 shall, for the purposes of this lease, have the meanings herein specified unless
the context otherwise specifies or requires.
(A)
The term “Leased Premises” shall mean the property of the
lessor more particularly described in Appendix A attached hereto.
(B)
The term “Effective Date” shall mean
(C)
The term “Rent” shall mean the sum of One Dollar ($1.00).
,
1997.
3.
Lease. Lessor does hereby grant, demise, and lease the
Leased Premises to the Lessee.
4.
Term. The term of this lease shall be from Effective Date
through the expiration of
the Contract for whatever reason.
5.
Rent. The Rent shall be paid within ten (10) days
following Lessor’s demand therefor.
6.
Repairs and Maintenance. Lessee shall maintain the
entirety of the Leased Premises, including any improvements erected thereon, and shall
make all necessary repairs during the term.
7.
Taxes. Lessee shall pay all real estate and personal
property taxes and special assessments levied against improvements erected by the
Lessee on the Leased Premises.
8.
Utilities. Lessee shall pay for all utilities used and
consumed by the Lessee on the Leased Premises from and after the Effective Date.
9.
Claims and Insurance. Lessee agrees to indemnify and
save the Lessor harmless from any and all claims arising from the use and occupancy by
the Lessee of the Leased Premises arising from any act of negligence of the Lessee, its
employees, servants, agents and representatives and to indemnify the Lessor against any
expense incurred by it in connection with any claim or action which might be brought
against it on account of any matters arising out of the occupancy or use of the Leased
Premises by the Lessee. During the term hereof, the Lessee shall keep in force and pay
the premiums for all insurance prescribed by the Contract. Lessee assumes and accepts
all risks of fire or other casualty to all improvements and personal property which Lessee
may install or own on the Leased Premises.
10.
Default. In the event Lessee neglects or fails to perform or
observe any of the covenants contained in the Contract or herein to be performed by it, or
should Lessee default in the payment of rent as provided herein, or should Lessee be
adjudicated a bankrupt or make an assignment for the benefit of creditors or upon the
termination of the Contract, then in any such events, Lessee may at its option without the
necessity of notice, declare this Lease terminated and take immediate possession of the
Leased Premises. Waiver of one default shall not be deemed or treated as a waiver of any
subsequent default occurring. Upon the termination of the Lease, whether as a result of
the occurrence of an event of default, or the expiration of the term, Lessee agrees to
surrender and return the Leased Premises to the Lessor and should it fail to do so, the
same may be recovered as in actions for unlawful entry and detainer.
11.
Lessor’s Covenants. Lessor, for itself and all parties in
privy with it, agrees that if the Lessee shall perform all of the covenants and duties of this
Lease and the Contract on the part of the Lessee to be performed, Lessor will guarantee
to the Lessee the quiet and peaceful and uninterrupted possession of the Leased Premises.
Lessor covenants that it has good and marketable title to the Leased Premises and that it
has authority and good right to lease the same. Lessor warrants and agrees to defend the
title to the premises against the claims of all persons whomsoever and to reimburse and
hold the Lessee harmless against any loss by reason of any defect in title.
12.
Delivery at End of Lease. At the expiration of the term of
this Lease, Lessee shall deliver to the Lessor the possession of the Leased Premises
cleared of all persons, goods, and things not properly belonging and physically attached t
hereto. Lessee shall have the right to remove all fixtures and equipment owned or
installed on the Leased Premises by the Lessee but shall not have the right to remove the
metal building referred to as the “Facility” and installed under the Contract. Any holding
over by the Lessee at the conclusion of the term of this Lease shall be on a month-tomonth basis and shall not under any circumstances constitute a renewal of this Lease.
13.
Use of Leased Premises. During the term of this Lease, the
Leased Premises shall be used only; for the erection and operation of a recycling facility
under the terms of the Contract and no part thereof shall be used in any manner
whatsoever for any purpose in violation of the laws of the United States, the State of
Tennessee, the ordinances of Madison County, Tennessee, or the rules and regulations of
any governmental agency.
14.
Assignments and Sub-Letting. The Lessor shall not have
the right to assign this Lease or sub-lease any portion of the Leased Premises without the
prior written consent of the Lessor, provided, however, that the Lessee may assign its
interest hereunder for the purpose of securing financing to purchase improvements on the
Leased Premises and to purchase equipment therefor.
15.
Renewal. If the Contract is renewed or extended, Lessee
shall have the right to extend this Lease upon such terms and conditions as may be agreed
upon at the time of the renewal of the Contract.
16.
of the State of Tennessee.
Applicable Law. This Lease shall be governed by the laws
IN WITNESS WHEREOF, the parties, by their duly authorized
representatives, have executed this Lease
THE CITY OF JACKSON
BY:
Mayor
BY:
STATE OF TENNESSEE
COUNTY OF MADISON
Before the undersigned, a Notary Public, in and for the State and
County aforesaid, personally appeared Charles H. Farmer, with whom I am personally
acquainted, or whose identity was proven to me on the basis of satisfactory evidence, and
who, upon oath, acknowledged himself to be the Mayor of the City of Jackson, a
municipal corporation, one of the within named bargainers, and that he, as such official,
being duly authorized to do so, executed the foregoing instrument for the purposes
therein contained, by signing the name of The City of Jackson by himself as Mayor.
IN WITNESS WHEREOF, I have hereunto set my hand and
official Seal, at office, in said State and County, this the
Day of
, 1997.
Notary Public
My commission expires:
STATE OF TENNESSEE
COUNTY OF MADISON
Before the undersigned, a Notary Public, in and for the State and
County aforesaid, personally appeared
, with whom I
am personally acquainted, or whose identity was proven to me on the basis of satisfactory
evidence, and who, upon oath, acknowledged himself to be
, one of the within named bargainers, and that he, as such official, being duly authorized
to do so, executed the foregoing instrument for the purposes therein contained, by signing
the name of The City of Jackson by himself as Mayor.
IN WITNESS WHEREOF, I have hereunto set my hand and
official Seal, at office, in said State and County, this the
Day of
, 1997.
Notary Public
My commission expires:
APPENDIX A
CLASSIFICATION OF SOLID WASTE MATERIALS*
GarbageWastes from the preparation, cooking and serving of food.
Market refuse, waste from handling, storage, and sale of produce and meals
RubbishCombustible (primarily organic)Paper, cardboard, cartons, wood, boxes, excelsior, plastics, rags, cloth, bedding, leather, rubber, grass, leaves, yard trimm
households, institutions, and commercial concerns such as:
hotels, stores, restaurants, markets, etc.
Noncombustible (primarily inorganic)Metals, tin cans, metal foils
Dirt
Stones, bricks, ceramics, crockery
Glass, bottles
Other mineral refuse
AshesResidue from fires used for cooking and for heating buildings, cinders
Bulky WastesLarge auto parts, tires.
Stoves, refrigerators, other large appliances
Furniture, large crates
Trees, branches, palm fronds, stumps, flotage
Street RefuseStreet sweepings, dirt
Leaves
Catch basin dirt
Contents of litter receptacles
From :
streets,
sidewalks,
alleys,
vacant lots, etc.
Dead AnimalsSmall animals: cats, dogs, poultry, etc.
Large animals: horses, cows, etc.
Abandoned VehiclesAutomobiles, trucks
Construction & DemolitionLumber, roofing, and sheathing scraps
Rubble, broken concrete, plaster, etc.
Conduit, pipe, wire, insulation, etc.
Industrial RefuseSolid wastes resulting from industrial processes and manufacturing wastes, boiler house cinders, wood, plastic, and metal scraps ans shavings, et
factories
power plants, etc
Special Wasteshazardous wastes: pathological wastes, explosives, radioactive materials
Security wastes: confidential documents, negotiable papers, etc.Households, hospitals, institutions, stores, industry, etc.
Animal and Agricultural WastesManures, crop residuesFarms, feed lots
Sewage treatment residuesCoarse screenings, grit, septic tank sludge, dewatered sludgeSewage treatment plants, septic tanks
*Reprinted from Solid Waste Collection Practice as published by the American Public Works Association.
APPENDIX B
AMORTIZATION SCHEDULE - BALING AND RECYCLING FACILITY AND EQUIPMENT
DescriptionIn-Service DateOriginal CostLife (in months)Months in ServiceDepreciation per MonthDepreciation to DateCurrent Value as of 4/2
Baler & D-Conveyor10/95$551,863.5015018$3,679.09$66,223.62$485,639.88
Bale Table10/95$1,750.0015018$11.67$210.00$1,540.00
Perforators4/92$13,248.0015060$88.32$5,299.20$7,948.80
Crushers4/92$4,728.0015060$31.52$1,891.20$2,836.80
Hammermill4/94$2,706.0015036$18.04$649.44$2,056.56
Can Crusher/
Blower12/95$7,800.0015016$52.00$832.00$6,968.00
Wire Baskets4/92$12,950.0015060$86.33$5,180.00$7,770.00
Magnetic Separator4/92$5,199.0015060$34.66$2,079.60$3,119.40
Self-Dumping Hopper4/92$6,952.0015060$46.35$2,780.80$4,171.20
Conveyors10/95$138,672.0215018$924.48$16,640.64$122,031.38
Fabrication10/95$374,611.1815018$2,497.41$44,953.34$329,657.84
subtotal$973,743.86
Building (after fire)10/95$960,318.8447418$2,025.99$36,467.80$923,851.04
Building (pre fire)4/92$297,461.0047460$627.55$37,653.29$259,807.71
Bale Storage10/95$10,317.0047418$21.77$391.78$9,925.22
Oil House/
Bunkers5/93$10,076.0047447$21.26$999.10$9,076.90
subtotal$1,202,660.86
Grand Total$2,176,404.72
APPENDIX C
Recycle Facility Description
Being a 7.44 acre tract of land and being a portion of that same real estate belonging to
the City of Jackson, of record in Deed Boob 505, Page 557. Said 7.44 acre tract of land
being more particularly described as follows:
BEGINNING at a point in the west margin of the Cerro Gordo Landfill entrance road; the
northeast corner of the tract herein described; said point being located 25 feet right of
centerline station 28+23.68 and also being located South 51 degrees 55 minutes 00
seconds East 820.52 feet from a concrete monument as found at the northwest corner of
the tract from which the herein described parcel is a part and runs thence; North 88
degrees 15 minutes 50 seconds West, 482.04 feet, to a point; thence South 00 degrees 52
minutes 26 seconds West, 321.18 feet, to a concrete monument as found; corner with said
property belonging to the City of Jackson; thence, South 00 degrees 52 minutes 26
seconds West, 358.90 feet, with the west boundary line of said property belonging to the
City of Jackson to a point in same; thence, South 88 degrees 15 minutes 58 seconds East,
471.83 feet to a point in the wet margin of the Cerro Gordo Landfill entrance road, said
point being located 25 feet right of centerline station 35+03.68; thence, North 01 degree
44 minutes 02 seconds East, ;680.00 feet with said west margin to the point of beginning.
Containing 7.44 acres. Description from survey of Michael C. Collis, RLS-1364, dated
September 16, 1991.