SPECIFICATIONS AND CONTRACT DOCUMENTS FOR COLLECTION AND DISPOSAL
OF
GARBAGE, TRASH, BULKY WASTES, AND LITTER FOR RESIDENTIAL DWELLINGS,
MULTI-FAMILY UNITS, COMMERCIAL AND BUSINESS FACILITIES AND RECYCLING
OF RESIDENTIAL SOURCE SEPARATED MATERIAL AND COLLECTION OF YARD
WASTE FOR RESIDENTIAL DWELLINGS FOR ______________________________________
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TABLE OF CONTENTS
Page
INSTRUCTIONS TO PROPOSERS .......................................................................................................... 1
PROPOSAL ............................................................................................................................................... 5
CONTRACT FORMS .............................................................................................................................. 10
GENERAL INSTRUCTIONS FOR BONDS ............................................................................................ 16
GENERAL PROVISIONS, SOLID WASTE SERVICES ....................................................................... 17
SPECIAL PROVISIONS, SOLID WASTE SERVICES CONTRACT ................................................... 35
SPECIAL PROVISIONS, RECYCLING SERVICES ............................................................................. 39
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INSTRUCTIONS TO PROPOSERS
1. PREPARATION OF PROPOSAL : Only proposals submitted on the forms contained in this
bound copy of the contract documents will be considered. Each proposal shall be legibly written or
printed in ink. In case of conflict, words shall govern over figures . If the proposal is made by an
individual, his name and post office address must be shown. If made by a firm or partnership, the name
and post office address of each member of the firm or partnership must be shown. If made by a
corporation, the proposal must show the name of the state under the laws of which the corporation is
chartered and the names, titles, and business addresses of the President, Secretary, and Treasurer.
Failure to properly sign proposal will disqualify the same.
All proposals shall be submitted in duplicate and shall be addressed to:
_________________________________________________________________________________
_________________________________________________________________________________.
The outside of the envelope shall be identified with the words "Proposal for Solid Waste Services," the
proposer's name, and the proposer's address.
Proposers should familiarize themselves with the work herein contemplated by personally visiting the
location of the work, in order that the true spirit and intent of the contract documents may be fulfilled.
All addenda to the contract documents shall be acknowledged in the proposal, and properly signed by the
proposer.
2. REJECTION OF PROPOSAL : Proposals may be rejected in the case of any omission, alteration
of forms, additions, or conditions not called for, unauthorized alternate proposals, incomplete proposals,
erasures, or irregularities of any kind.
3. VEHICLE AND EQUIPMENT SCHEDULE : Proposers shall prepare and submit with their
proposal a vehicle and equipment schedule. The schedule shall describe all equipment to be utilized by
the contractor to fulfill the responsibilities of this contract. For each item, the year, model, make,
number, and description will be provided. The schedule shall be subject to approval by
__________________ of _______________, shall be a part of the final evaluation of proposals, and shall
be strictly adhered to by the contractor if the proposal is accepted. The contractor may revise this
schedule as conditions dictate subject to approval by the Public Works Director. Trucks used for
collection of solid waste shall be limited to ______ pounds of gross vehicle weight and shall have
tandem rear axles.
Proposers are advised that under the section on Vehicles and Equipment of the General Provisions,
________________ may demand an increase in the number of vehicles and/or equipment necessary to
fulfill the operations required under the contract and may collect liquidated damages for a failure to
follow this requirement.
4. SCHEDULE OF OPERATIONS : The proposer(s) shall prepare and submit to the Public Works
Director an operations schedule with the proposal. The schedule shall show how refuse and/or
recyclables will be collected. The schedule will be consistent with the specifications contained herein,
and with __________________ Ordinances on Garbage and Trash Collection. The schedule will be
subject to the approval of the Public Works Director, will be a part of the final evaluation of proposals
and will be strictly adhered to by the contractor if proposal is accepted. The contractor may revise this
schedule as conditions dictate, subject to approval by the Public Works Director.
5. ACCEPTANCE AND REJECTION OF PROPOSALS : The Pubic Works Director will review
the proposals for residential collection, residential recyclable collection and alternative collection
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separately. __________________ reserves the right to award an overall contract based upon all
proposals submitted or to separately award each proposal considered. The Contract(s) will be based upon
the annual amount proposed. Payments to the Contractor will be made on a monthly basis. The
Residential Monthly Service Fee will be considered as a guide for amending the contract should
__________________ annex additional property during the term of the contract. __________________
will consider such factors as uniform collection service, proposal price, experience, financial
responsibility, reference checks, the Vehicle and Equipment Schedule, the Schedule of Operations, and
other relevant factors in determining which proposal in each type of collection it deems as best.
__________________ reserves the right to reject any and all proposals, and to waive minor informalities
which do not detract from the best interest of __________________.
6. AWARD OF CONTRACT : _________________________ will award a contract(s) upon
recommendation of the Board of Aldermen, Public Works Director, and Solid Waste Selection
Committee, as soon as practicable after tabulation of said proposals. In no case will award be made until
all necessary investigations are completed concerning the qualifications of the proposer(s) whose
proposal is considered to be the lowest and best. __________________ reserves the right to separately
award a solid waste collection and disposal contract, a recycling contract, and contracts for the items
listed under alternatives.
7. INTERPRETATION OF CONTRACT DOCUMENTS : Any prospective proposer who is in
doubt as to the true meaning of any part of the contract documents may submit to the Public Works
Director a written request for interpretation thereof. A formal interpretation will be given by addendum
to all known prospective proposers. No oral interpretation made to any proposer shall be considered an
effective modification of any of the provisions of the contract documents. Written request for
interpretation of the contract documents must be received by the Public Works Director _____ (___)
calendar days before the initiation of negotiations.
8. LOCAL CONDITIONS AFFECTING WORK : Each proposer shall visit the contract area and
shall completely inform himself relative to traffic congestion, type of housing, population density,
collection procedures required, labor, and all other conditions and factors, local and otherwise, which
would affect prosecution and completion of the work at the prices proposed. Such considerations shall
include the arrangement and condition of existing structures and facilities, the availability and cost of
labor, and facilities for transportation, handling and storage of materials and equipment. Normal
development and/or redevelopment in __________________ must also be considered. All such factors
shall be properly investigated and considered in the preparation of the proposal. There shall be no
subsequent financial adjustment for lack of such prior information.
It is estimated that solid waste collection service is provided to approximately ________ Residential
Units and to approximately ____ Light Commercial Units within the City. This information is furnished
for the convenience of the prospective proposer and is to be considered as approximate only. These
estimates are not guaranteed to be accurate and are furnished without any liability on the part of
__________________. Any alterations in these estimates shall in no way invalidate the proposal price.
9. TIME OF COMPLETION : The contract period shall begin _________.
____________ and end _________ 20____, provided, however, the parties may extend the contract
period for up to ____ additional _____ year terms ending_______ _________, 20____. The Contractor
and __________________ shall notify each other of their intentions regarding extension of the contract
by certified letter no later than _________ _____th.
The Contractor is advised that ____________ Ann. (________ 20____) allows
__________________ to enter into contracts for the collection and disposal of garbage and rubbish for a
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term of up to ______ (___) years.
10. PERFORMANCE BOND : The successful proposer(s) shall furnish within _____ (___) days after
notice of award a fully executed contract and a Performance Bond in the estimated annual fee for the
Proposals Awarded on forms approved by __________________. The Performance Bond shall meet the
requirements set forth in the General Provisions and General Instructions for Bonds and shall serve as
security for the faithful performance of the contract. Such bond will not be acceptable unless the surety
is a reputable surety company, authorized to do business in the State of __________________ and
satisfactory to __________________.
The bond must be signed or countersigned by a __________________ Resident Agent who has filed with
__________________ such papers as are necessary to show that the agent is qualified to execute said
instruments.
11. BOUND COPY OF CONTRACT DOCUMENTS : The proposal or other forms shall not
be removed from the bound copy of the contract documents. The copy of the contract documents for
each proposal shall be completed and shall include all items listed in the Table of Contents and Addenda.
12. COPIES OF MAPS AND CONTRACT DOCUMENTS : Copies of the contract documents may be
obtained from the Public Works Department.
13. REFUSE COLLECTION SPECIFICATIONS : The solid waste collection specifications which will
govern this contract are set forth in the Special Provisions and General Provisions bound herein.
14. GENERAL INFORMATION : Proposers shall inform themselves and comply with all pertinent City
regulations and ordinances, State and Federal laws, licenses and tax liability which may in any manner
affect their proposal and prosecutions of the work.
Special attention is directed to the rules and regulations published by the __________________ State
Tax Commission outlining certain taxes imposed on contractors in the State of __________________.
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PROPOSAL
CITY OF ______________, __________________
SOLID WASTE COLLECTION, DISPOSAL, AND RECYCLING CONTRACT
Proposers understand that __________________ retains the right to award a single contract for
all services listed hereinbelow, or to award separate contracts for solid waste collection and disposal,
recyclables collection, and contracts for the items listed under alternatives, whichever
__________________ considers to be in its best interest. The proposal shall be based on the cost and the
ability of the Proposer to provide the following services.
1. Supplying labor and equipment for collection and transportation and disposal of solid waste to a
state approved landfill site as defined in the General Provisions bound herein;
2. Supplying labor and equipment for the curbside collection of recyclables and transportation of
same to a processing facility.
3. Supplying labor and equipment for drop off bin recyclables collection and transportation to a
processing facility.
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PROPOSAL
Date________, 20_____
Proposal of __________________________________________________________________________
____________________________________________________________________________________
(Name)
____________________________________________________________________________________
(Address)
for the following Solid Waste Services:
1. Supplying labor and equipment for collection and transportation and disposal of solid waste to a
state approved landfill site as defined in the General Provisions bound herein.
2. Supplying labor and equipment for the curbside collection of recyclables and transportation of
same to a processing facility.
3. Supplying labor and equipment for drop off bin recyclables, collection and transportation to a
processing facility.
The contract documents for said project are on file in the office of the Public Works Department.
The specifications on which this proposal is based are those contained in the bound contract documents
of which this proposal is a part, specifically the Instructions to Proposers, Contract Form, Special
Provisions, General Provisions, and any addenda and required attachments thereto.
TO: _______________________
_______________________
_______________________
_______________________
The following proposal is made on behalf of the undersigned proposer (s) and no others. Evidence of my
(our) authority to submit the proposal is hereby furnished. The proposal is made without collusion on the
part of any person, firm or corporation.
I (We), the undersigned proposer (s), certify that I (we), have carefully examined the City corporate
limit map, specifications and special provisions, and other proposed contract documents and any and all
addenda thereto.
I (We), further certify that I (we), have visited the contract area and have completely informed myself
(ourselves) of the type of housing, population density, traffic congestion, collection procedures
required, labor required, and all other factors, local and otherwise, which would affect prosecution and
completion of the work covered by this proposal.
The following is my (our) proposal for the solid waste services listed above. I (We) understand that the
contract will be subject to liquidated damages according to the General Provisions found herein.
In accordance with the requirements of the contract documents I propose to furnish all necessary
equipment, labor, tools, and other means and will do all work called for by the contract documents for the
following:
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PROPOSAL :
I. Residential Collection
Residential Monthly Service Fee (RSF) $ /unit/Mo .
= Landfill Tipping Fee $ __________________ /unit/Mo. + Collection
Cost $ /Unit/Mo.
Twice/Week: $(RSF) /Unit/Mo x 12 Mo. x No. of
Residential Units ____________ = ____________ /Year
Tipping Fee $ /Ton, @ _______________Landfill
__________Lbs./Unit/MO. = $ /Unit/Mo.
(Tipping Fee)
II. Residential Recyclables Collection
Residential Recyclables Collection - Once/Week:
$ /Unit/Mo . x 12 Mo. x ________ residences =
$ /Year
III. Alternatives
Light Commercial Collection
A. Light Commercial Monthly Service Fee (CSF2)
$ /Unit/Mo . = Landfill Tipping Fee
$ /Unit/Mo. + Collection Cost $ /Unit/Mo .
Twice/Week: $(CSF2)/Unit/Mo. x 12 Mo. x
___________ Commercial Units = $___________ /Year
B. Recyclables Roll Off Bin Collection
Roll Off Bin Collection (Includes bin rental and all
related labor, materials, handling and transportation)
Once/Week: $ /Mo. x 12 Mo. x 1 bin =
$________/Year
C. Municipal Facilities Collection (MFC )
Frequency and Cost($)/Mo. Annual
Location Type of Service Cost($)
1. City Hall 2 x wk (residential) ______
2. Police Dept. 1 x wk, 8 cu. yd. ______
3. Fire Station #1 2 x wk (residential) ______
4. Fire Station #2 2 x wk (residential) ______
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5. Street Dept. Shop 1 x wk, 8 cu. yd. ______
6. Wolcott Park 1 x wk, 8 cu. yd. ______
7. Friendship Park 1 x wk, 6 cu. yd. ______
8. Public Works Comp. 1 x wk, 8 cu. yd. ______
MFC TOTAL ___________
I (We) further propose to execute the Contract Agreement as shown in these documents within (10) days
after the work is awarded to me (us).
I (We) also propose to execute the performance bond, in the amount set forth in the General Provisions
bound herein. This bond shall serve to guarantee adequate and satisfactory performance on my (our)
part of the work and services contemplated by the contract(s) to be awarded.
I (We) enclose herewith a financial statement, showing my (our) assets and liabilities.
I (We) acknowledge receipt of the following addenda:
______________________
Respectfully submitted,
Contractor (s)
BY: ________________________________
(Title)
________________________________
(Address)
(To be filled in if a corporation)
Date: _____________________, 20___
Our corporation is charted under the Laws of the State of ____________________ and the names, titles
and business addresses of the executive are as follows:
President
Address
Secretary
Address
Address Treasurer
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CONTRACT FORMS
CITY OF __________________
SOLID WASTE SERVICES CONTRACT
The Contract forms included in these documents reflect award of the proposal. Should _______________
desire to award solid waste collection and disposal, a recycling contract, and contracts for the items listed
under alternatives, the Contract although being similar will be modified to include the separate items.
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CITY OF __________________
SOLID WASTE SERVICES CONTRACT
This Contract made and entered into by and between _____________________ hereinafter called
CONTRACTOR, and __________________, __________________, a municipal corporation, hereinafter
called City.
WITNESSETH:
That for and in consideration of the mutual benefits and advantages each to the other, as hereinafter set
forth, the parties hereto agree as follows:
1. That the Instructions to Proposers, the Contractor's proposal, the maps and specifications for solid
waste and recyclables collection services, including any and all general and special provisions, changes
and addenda covering the work to be done, and the performance bond, Vehicle and Equipment Schedule
and Schedule of Operations attached hereto, are hereby made a part of this contract as fully and
completely as if set forth in words and figures herein.
2. That the work to be done and services to be performed, as more specifically disclosed by the aforesaid
contract documents, the immediate performance of which is covered by this contract, is the regularly
scheduled collection of solid waste from all residences within the geographical limits of that area
delineated within the city limits and the removal, transportation, and delivery of the same to a state
approved sanitary landfill as defined in the General Provisions; the regularly scheduled collection of
recyclable material from households located within the City and the transportation of the recyclable
materials to a processing facility; the regularly scheduled collection of recyclable materials from drop
off bin(s) and transportation to a processing facility; the regularly scheduled collection of solid waste
from light commercial units within the City, and the removal, transportation, and delivery of the same to
a state approved sanitary landfill as defined in the General Provisions; the regularly scheduled collection
of solid waste from municipal facilities located within the City and the removal, transportation, and
delivery of the same to a state approved sanitary landfill as defined in the General Provisions.
3. The Contractor agrees to furnish all lands, buildings, labor, mechanics, tolls, tools, equipment and
materials necessary for the adequate performance of the work and services contemplated by this contract
and to faithfully perform the same in accordance with the aforesaid contract documents to the satisfaction
of the Public Works Director, or his authorized representatives, and in accordance with the laws of the
State of __________________, and the ordinances of __________________, for which
__________________ agrees to pay and the Contractor agrees to accept, in full compensation for the
performance of the Contractor's obligations hereunder, as well as all loss or damage, if any, arising out of
the nature of the work, or the action of the weather, and any and all other unforeseen obstructions or
difficulties that may be encountered in the performance of said work and services, the Contractor
assuming all risks of every kind and description in the performance of this Contract, the annual
payment divided into equal monthly installments of ________________________________ Dollars
($________________). __________________ shall pay the monthly charge, less any damages assessed,
as provided for herein, to the Contractor on or before the last day of each month for successful work
completed and submitted for payment prior to the first day of that month .
4. The contract period shall commence _______, 20___and end _______, 20_____, provided however,
the parties may at their option extend the contract period for up to ______ year terms ending ______,
20___. The contract price shall be reviewed in _______ of each contract year in accordance with the
escalator clause, and the contract price shall be established for the next fiscal year beginning on
________, _____, 20____ following __________________'s evaluation. Should the parties exercise the
option to extend the contract period, the above stated contract price shall be reviewed in _______ prior to
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said extension of each contractual year thereafter, and by supplemental agreement hereto, said price shall
be adjusted for the next succeeding contractual year. The basis for adjustment in contract price shall be
in accordance with the Contract Price Adjustment Clause of these contract documents. The Contractor
and __________________ shall notify each other of their intentions regarding extension of the contract
by certified letter no later than _______ _____th.
5. The Contractor agrees to comply with the provisions of the Davis-Bacon Act, the Contract Work
Hours Standards Act, the Anti- Kickback Act, the Civil Rights Act of 1964, the Americans with
Disabilities Act and the Occupational Safety and Health Act.
6. The Contractor agrees to indemnify and hold harmless and to defend __________________ of and
from any and all claims or suits for damages arising out of the performance of this contract, as more
specifically set out in the General Provisions attached hereto.
7. The Contractor shall not assign or sublet this contract or any of the rights hereunder, in whole or in
part, to any other person, firm or corporation, without the prior written consent of __________________.
8. Attached hereto and made a part of this contract is a performance bond, executed by a surety company
doing business in the State of __________________, in the sum of _______________________
($_________________).
IN WITNESS WHEREOF, the parties hereto have affixed their signatures on this, _________ day of
_________________ 20____.
BY: ___________________________
CONTRACTOR
BY: ____________________________
MAYOR __________________
ATTEST: ______________________________
CITY CLERK/DIRECTOR OF
FINANCE AND ADMINISTRATION
(SEAL)
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CORPORATE CERTIFICATE
I, ______________________________________, certify that I am Secretary of the Corporation named
as Contractor in the foregoing contract; that _________________________________ who signed said
contract on behalf of the Contractor was then _____________________________ of said corporation;
that said contract was duly signed for and on behalf of said corporation by authority of its governing
body and is within the scope of its corporate powers.
_______________________________________
(CORPORATE SEAL)
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PARTNERSHIP CERTIFICATE
STATE OF ____________
COUNTY OF __________
On this __________ day of __________________ 20_____, before me personally appeared
_______________________________, known to me and known by me to be the person who executed
the above instrument, who being by me first duly sworn, did depose and say that he is a general partner at
the firm of __________________________________ that said firm consists of himself and
__________________________ and that he executed the foregoing instrument on behalf of said firm for
the uses and purpose stated therein.
_____________________________________________
Notary Public in and for the
County of ____________________
State of ____________________
(NOTARIAL SEAL)
My Commission Expires:
_____________________________________________
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GENERAL INSTRUCTIONS FOR BONDS
The form of the bond shall be subject to the acceptance of the ___________________________.
General Instructions for Bonds
1. The Surety on each bond must be a responsible surety company which is qualified to do business
in __________________ and satisfactory to __________________, __________________.
2. The name, including full Christian name, and residence of each individual party to the bond shall
be inserted in the body thereof, and each such party shall sign the bond with his usual signature
on the line opposite the seal.
3. If the principals are partners, their individual names will appear in the body of the bond with the
recital that they are partners composing a firm naming it. All members of the partnership shall
execute the bond as individuals.
4. The signature of a witness shall appear in the appropriate place, attesting to the signature of each
individual party to the bond.
5. If the principal or surety is a corporation, the name of the State in which incorporated shall be
inserted in the appropriate place in the body of the bond, and said instrument shall be executed
and attested under corporate seal as indicated in the form.
6. The official character and authority of the person or persons executing the bond of the principal,
if a corporation shall be secretary or assistant secretary. In lieu of such certificate, there may be
attached to the bond copies of the records of the corporation as will show the official character
and authority of the officer signing duly certified by the secretary or assistant secretary, under the
corporate seal, to be true copies.
7. The date of this bond must not be prior to the date of the contract in connection with which it is
given.
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GENERAL PROVISIONS
______________________
SOLID WASTE SERVICES CONTRACT
GENERAL : The Contractor shall maintain a local office at a location approved by ________________.
It is desirable for the local office to be within Madison County but in any case shall be in close proximity
to the County and within local telephone calling distance. The Contractor's telephone number shall be
publicized by the Contractor.
The Contractor shall assign a qualified person or persons to be in charge of its performance of this
Contract, and shall advise __________________ of such persons in advance and when changes occur.
The Contractor's agent shall obtain once each working day by ____:00 p.m. a copy of the complaints
received each day by __________________. The complaints shall be resolved within _______ (____)
hours thereafter. A copy of the complaint form is attached as Exhibit No. 1.
An attendant shall answer telephone calls between the hours of ___:00 a.m. and ___:00 p.m. on all
regularly scheduled collection days, excluding BFI holidays. The phone line shall be equipped with a
message machine during hours in which the office is closed. All complaints shall be logged by said
attendant and submitted to the Public Works Department.
The Contractor shall submit the following information to __________________ on a weekly basis
relative to resolution of complaints:
1) Date complaint received
2) Name and address of complainant
3) Nature of complaint
4) Date complaint resolved
5) How complaint was resolved
All persons employed by the Contractor shall be competent, skilled, and qualified in the performance of
the work to which they are assigned. All personnel shall maintain a courteous and respectful attitude
toward the public at all times. The Contractor shall inform __________________ of all employee
training programs related to customer relations and service.
At no time shall the Contractor's employees solicit, request, or receive gratuities of any kind. The
Contractor shall direct its employees to avoid loud and/or profane language at all times during
performance of their duties.
Contractor's employees who engage in misconduct or are incompetent or negligent in the proper
performance of their duties or are dishonest, disorderly, intoxicated or discourteous, shall be removed
from service in __________________.
__________________ may request the reassignment of any employee of the contractor who violates the
provisions hereof, or who is determined to be wantonly negligent or discourteous in the performance of
his duties while working for the Contractor in __________________________.
Adverse weather shall not be considered reason for not providing the solid waste services unless
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approved by the Public Works Director.
The contractor shall not commence collection in residential areas prior to ____:00 a.m. All collections
shall be made as quietly as possible. Unnecessarily noisy trucks or equipment are prohibited. Collection
of the solid waste as defined in the General Provisions shall be completed by ____:00 p.m. Changes in
the ____:00 a.m. to ____:00 p.m. collection schedule may be approved by the Public Works Director
when necessitated by the emergency provision of this contract. The Public Works Director may also
approve collection schedule changes resulting from clean up campaigns, special events, or other events or
special conditions which require the collection of unusual volumes of Solid Waste. The Contractor must
notify __________________ at least _______ (___) days in advance of a requested schedule change for
those items which could reasonably be anticipated by the Contractor.
The Contractor shall pick-up all blown, littered, and broken material occurring at the point of collection
resulting from its garbage and trash collection and hauling operations. Each vehicle shall be equipped
with a broom and shovel for use in cleaning up any spilled debris or material from the City streets,
sidewalk, or residents property when said spillage is caused by the Contractor. The Contractor shall
exercise care in the handling of containers.
The company shall remove refrigerators, air conditioning units, freezers, and other appliances with
refrigerant systems that have refrigerant properly removed as evidenced by a tag placed on the appliance
by a certified mechanic. The residential or light commercial customer shall be responsible for contacting
the contractor and arranging for service. The contractor shall bill the residential or light commercial
customer separately and shall be responsible for collection of the fee for such service. The fee for
collection of the items shall be in accordance with the attached schedule. The adjustment shall be limited
to ___% of the CPI with a cap of ___% if the number of units increases by ______or more during the
year. The adjustment shall be limited to _____% of the CPI with a cap of _____% if the number of units
increases by less than ______ during the year.
The contractor shall not enter into subcontracts, leases, agreements, or assignment of or pertaining to
this collection contract without written consent of __________________.
DEFINITIONS : All definitions contained in __________ (________) and;
Bags - Plastic sacks designed to store refuse with sufficient wall strength to maintain physical integrity
when lifted by the top. Total weight of a bag and its contents shall not exceed 60 lbs.
Bulky Waste - Refrigerators and air conditioning units which are de-energized of chlorofluorocarbons
(CFCs); water tanks, stoves, washing machines, clothes dryers and other white goods, furniture and other
waste materials other than Construction Debris, Dead Animals, Hazardous Waste, Stable Matter or Yard
Waste with weights or volumes greater than those allowed for Containers.
Bundle - Tree, shrub and brush trimmings or newspapers and magazines not exceeding five (5) feet in
length or 60 lbs. in weight.
City - City of __________________
Construction Debris - Waste building materials resulting from construction, remodeling, repair or
demolition operations.
Container - A receptacle with a capacity of greater than 20 gallons but less than 35 gallons, constructed
of plastic, metal or fiberglass, having handles of adequate strength for lifting and having a tight fitting
lid capable of preventing entrance into the container by vectors. The mouth of a container shall have a
diameter greater than or equal to that of the base. The weight of a container and its contents shall not
exceed 60 lbs.
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Contract - The Instructions to Proposers, Contractor's Proposal with all required attachments, the
executed Contract form with all required attachments, General and Special Provisions, any addenda or
changes to the foregoing documents agreed to by __________________ and the Contractor, the
resolution of __________________ authorizing the work and service contemplated herein, and the
insurance certificate and bond.
Contractor - The person, corporation or partnership performing Refuse collection under contract with
__________________.
Dead Animals - Animals or portions thereof equal to or greater than 10 lbs in weight that have expired
from any cause, except those slaughtered or killed for human use or consumption.
Disposal Site - The BFI Little Dixie Landfill located in Madison County or other Refuse Depository
including but not limited to sanitary landfills, transfer stations, incinerators, and waste
processing/separation centers licensed, permitted or approved by all governmental bodies and agencies
having jurisdiction and requiring such licenses, permits or approvals to receive Refuse and Dead Animals
for processing or final disposal.
Garbage - Any and all dead animals of less than 10 lbs. in weight, except those slaughtered for human
consumption; every accumulation of waste (animal, vegetable and/or other matter) that results from the
preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation,
decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter
(including, but not by way of limitation, used tin cans and other food containers; and all putrescible or
easily decomposable animal or vegetable waste matter which is likely to attract flies or rodents); except
any matter included in the definition of Bulky Waste, Construction Debris, Dead Animals, Hazardous
Waste, Rubbish, Stable Matter or Yard Waste.
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 State law, or waste, in any amount, which is regulated under Federal or State law. For the purposes of
this contract, the term Hazardous Waste shall also include motor oil, gasoline, paint and paint cans.
Light Commercial Unit - A commercial or business enterprise within the incorporated areas of
__________________ occupied by a person or group of persons which generates four (4) or less
containers of garbage or refuse per week. A Light Commercial Unit shall be deemed occupied when
either water or domestic light and power services are being supplied thereto. A business condominium or
commercial or business enterprise, whether of single or multi-level construction shall be treated as a
Commercial Unit. Condominiums or multiple, connected units of over four (4) units must contract for
solid waste disposal services on their own.
Producer - An occupant of a Residential Unit who generates Refuse and Residential Refuse.
Refuse - This term shall refer to Residential Refuse and Bulky Waste, Construction Debris, Stable Matter
and Yard Waste generated at a Residential Unit unless the context otherwise requires.
Residential Refuse - All Garbage and Rubbish generated by a Producer at a Residential Unit.
Residential Unit - A dwelling within the incorporated areas of __________________ occupied by a
person or group of persons. A Residential Unit shall be deemed occupied when either water or domestic
light and power services are being supplied thereto. An apartment dwelling, whether of single or multi-
level construction, shall be treated as a Residential Unit. Apartments or condominiums of over six (6)
units are not residential units.
Rubbish - All printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, used and
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discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such
as are used for packaging, or wrapping crockery and glass, ashes, cinders floor sweepings, glass, mineral
or metallic substances, and any and all other waste materials not included in the definition of Bulky
Waste, Construction Debris, Dead Animals, Garbage Hazardous Waste, Stable Matter or Yard Waste.
Stable Matter - All manure and other waste matter normally accumulated in or about a stable, or any
animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock.
State Approved Sanitary Landfill - A landfill which meets all Federal and State environmental
requirements and regulations including, but not limited to the Environmental Protection Agencies' Sub
Title D regulations. A controlled area of land upon which solid waste is deposited, and is compacted and
covered with no on-site burning of wastes, and so located, contoured, drained and operated so that it will
not cause an adverse effect on public health or the environment.
Weight Limits - Weight limits shall be in accordance with the ordinance/regulation adopted by
__________________.
Yard Waste - All yard waste resulting from yard maintenance and consisting of waste wood, wood
products, tree trimmings, dead plants, dead trees or branches thereof, or other similar materials having a
length not longer than five (5) feet or a diameter not greater than eight (8) inches and not weighing more
than 60 lbs. as well as all weeds, leaves, grass clippings, chips, shavings and sawdust or other similar
materials placed in bags and tied and weighing not more than 60 lbs. Waste from tree surgeons and
contracted tree trimming operations is excluded.
VEHICLES AND EQUIPMENT : The contractor shall provide adequate and sufficient garages, shops,
and yards to provide all weather year round operation and to adequately clean and maintain vehicles and
equipment. All vehicles, equipment and facilities used by the contractor shall be kept and maintained in
sanitary condition and in good repair. Vehicles, equipment and facilities shall be subject to inspection
for safety, sanitation, repair, and appearance, and subject to approval or rejection by
__________________ at any time. Employees driving contractor's vehicles shall have a valid operator's
license of the State of __________________ and shall meet federal requirements concerning
commercial licensing.
The contractor shall not use __________________ name or other words implying governmental
ownership on stationery equipment, vehicles or equipment.
All vehicles and equipment used in collection and transportation of solid waste or recyclables within the
area shall be of sufficient size, capacity, and number to adequately and efficiently collect the solid waste
and recyclables in accordance with the terms of this contract. In all cases, each solid waste collection
truck shall be equipped with a closed body that incorporates a device for compacting collected garbage,
shall be limited to _______ pounds of gross weight and shall have tandem rear axles.
__________________ shall have authority at any time to request the contractor increase the number of
vehicles and/or pieces of equipment if, in his judgement, such an increase is necessary for fulfillment of
the contract. Upon receipt of the request, contractor and City shall determine if the contract maybe
fulfilled by other means or if additional equipment is necessary. Contractor shall then have the
opportunity to correct the problem in the manner it deems most suitable. After ____ (____) days from
the date of the request, if __________________ determines the problems to continue, it can order the
contractor to increase the number of vehicles and/or pieces of equipment. If upon receipt of such an
order, the contractor fails to comply within _____ (___) days, such failure shall constitute a breach of
contract and the contractor shall forfeit, in the form of liquidated damages, the sum of $00.00 per vehicle
or piece of equipment per day that fails to comply. These damages shall be deducted from monthly
payments due the contractor.
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LIQUIDATED DAMAGES : The Public Works Director shall notify the Contractor for each violation of
the contract reported to __________________. It shall be the duty of the contractor to take proper action
to remedy the cause of the complaint within 24 hours after notification. Failure to remedy the
cause of the complaint within the specified time period shall constitute a breach of this contract and for
the purpose of computing damages under the provisions of this section, it is agreed that
__________________ shall have authority to deduct from payments due the contractor, the following
amounts as liquidated damages:
(1) Failure to increase number of vehicles . . . . .$00.00 per day
for each vehicle or piece of equipment identified and not provided within the specified time.
(2) Failure to clean up spilled refuse . . . . .$00.00 for each instance.
(3) Failure to clean vehicle, conveyances, containers, docks, yards, shops, and other equipment as
provided in the specifications . . . . .$00.00 for each instance.
(4) Failure to collect refuse within 24 hours after notification of a complaint….$00.00 for each
missed collection and for each day thereafter until collection.
(5) Failure to comply with the requirement to maintain vehicles in operable condition and acceptable
appearance after inspection and notification...$00.00 for each violation.
In the event the Contractor does default or otherwise abandon the project __________________ reserves
the right to collect from the Contractor or its surety, the actual damages incurred by
__________________ as a result of the default or abandonment.
The assessment of liquidated damages shall be determined by the Public Works Director and deductions
made from the payment each month to the contractor. The decision of the Public Works Director in the
matter will be binding unless appealed in writing to the Mayor and Board of Aldermen within _____
(___) days after notice. The decision of the Mayor and Board of Aldermen shall be final.
DISPOSAL : All solid waste and refuse collected under these specifications shall be disposed of at a
state approved sanitary landfill as defined in the General Provisions.
__________________ specifically reserves the right to direct the solid waste to a specific sanitary
landfill. It is __________________'s intent to direct its solid waste to the Little Dixie Landfill, the
Canton Landfill, or other state approved sanitary landfill.
__________________ retains the right to terminate the contract, on __________ (_____) days written
notice, if the Contractor does not comply with the re-direction of the solid waste as set forth.
INSURANCE REQUIREMENTS : Insurance coverage specified herein constitute the minimum
requirements. Said requirements shall in no way lessen or limit the liability of the Contractor under the
terms of the contract. The Contractor shall procure and maintain, at his own cost and expense, any
additional kinds and amounts of insurance that, in his own judgment, may be necessary for proper
protection in the prosecution of the work.
The Contractor shall carry the insurance herein and all policies shall be with companies satisfactory to
__________________.
If a part of this Contract is a sublet, the Contractor shall require each Subcontractor to carry insurance of
the same kinds and in like amounts carried by the prime Contractor.
Certificates of insurance shall state that _______ (____) calendar days' written notice will be given to
__________________ before the policy is canceled or changed. No Contractor or Subcontractor shall be
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allowed to start any work on this Contract until certificates of all insurance required herein are filed with
and approved by __________________. The certificates shall show the type, amount, class of operations
covered, effective dates and dates of expiration of policies.
The Contractor shall secure and maintain in effect for the period of the Contract and pay all premiums for
the following kinds and amounts of insurance:
(a) Workmen's Compensation and Employer's Liability Insurance : This insurance shall protect the
Contractor against all claims under applicable State Workmen's Compensation Laws. The
contractor shall also be protected and shall cause each subcontractor to be protected against
claims for injury, disease, or death of employees which, for any reason, may not fall within the
provisions for a Workmen's Compensation law. The liability limits shall not be less than the
required statutory limits for Workmen's Compensation and Employer's Liability.
(b) Contractor's Comprehensive Public Liability and Property Damage Insurance . covering all
operations in connection with the performance of this Contract in amounts no less than the
following:
Comprehensive general liability including bodily injury and property damage limits of at least
$00.00 per occurrence with an aggregate limit of $00.00 for all damages arising during any
policy year.
(c) Automotive Public Liability Property Damage
The Contractor shall maintain automobile public liability insurance in the amount of not less than
____________ Dollars ($00.0) for one accident; and automobile property damage insurance in
the amount of not less than ___________ Dollars ($00.00) for one accident to protect him from
all claims arising from the use of the following:
(1) Contractor's own automobiles and trucks
(2) Hired automobiles and trucks
(3) Automobiles and trucks owned by subcontractors
The aforementioned is to cover use of automobiles and trucks on and off the site of the project.
(d) Owner's Protective Liability Policy :
The Contractor shall maintain Owner's Protective Liability Insurance with __________________
as the named insured and their servants agents and employees as additional insured in amounts
not less than the following:
Comprehensive general liability including bodily injury and property damage limits of at least
$00.00 per occurrence with an aggregate limit of $00.00 for all damages arising during any
policy year.
Company shall provide annually a certificate of insurance evidencing the required coverage and
amounts with __________________ to be named as an additional insured by endorsement. The required
insurance coverage shall be maintained throughout the life of this agreement.
PERFORMANCE BOND : In order to insure the faithful performance of each and every condition,
stipulation, and requirement of the contract and to indemnify and save __________________ harmless
for any and all damages, either directly or indirectly, arising out of any failure to perform the same, the
successful proposer shall furnish within ten days after award a Performance Bond in an amount
representing the estimated annual fee for the Proposal(s) Awarded. The Performance Bond shall be
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submitted on forms approved by __________________. The Bond shall be renewed annually with a
copy furnished to __________________ prior to each renewal date.
BASIS AND METHOD OF PAYMENT :
(a) In consideration for Contractor's performance of the Contract Work as herein
contemplated, __________________ agrees to pay Contractor, in current United States
Funds, the monthly sums set forth in the Contract.
The contractor shall be paid on or before the last day of each month for successful work
completed and submitted for payment prior to the first day of that month . Payment due
the contractor shall be based on the annual fee for the Proposal(s) Awarded. The
monthly payment shall be one-twelfth of the annual fee for the Proposal(s) Awarded.
(b) The initial Residential and Light Commercial count upon which the monthly payment for
the first twelve-month period of this Contract is based is as set forth in the Instructions to
Proposer. The Contractor may, at its option, perform a new Residential and Light
Commercial count to be effective as of successive annual anniversary dates of this
Contract. If the Contractor elects to obtain a new count, the Contractor shall give
__________________ ______ (___) days written notice prior to the proposed effective
date of the amended count. __________________ and the Contractor shall jointly
conduct the new count of the number of Residential and Light Commercial customers
served under this Contract. The number of Residential and Light Commercial customers
mutually agreed upon shall become the revised count for the twelve-month period
following the effective date of the new count or, if later, until a revised count is obtained
pursuant to this provision. __________________ agrees to provide the Contractor with
the number of Residential and Light Commercial water meters issued each month by the
tenth of the next month.
(c) Contractor will be allowed to increase the billing to __________________ each month
by the number of units reported as new water meter Residential or Light Commercial
customers for the prior month. __________________ shall not be responsible for the
payment of increased fees for additional units until billed by the Contractor. Should the
Contractor fail to bill for additional units on a monthly basis, __________________ will
not bring to date the additional fees allowed for additional units reported more than
__________ (_____) days prior to the billing.
TERM : Contract beginning ______ ____, 20____ and ending _______ _______, 20____, provided,
however, that the parties, at their option, may extend the contact period for up to ____ (___) year terms
ending _________, 20____.
TERMINATION : In the event that Madison County or any other governmental subdivision or agency of
the State of __________________ should offer garbage collection to __________________ on a county
regional, or district basis, __________________ may, at its option, terminate this Agreement at any time
after the third year of the initial ______ (____) year contract period and upon one _________ (____)
days' prior written notice to Contractor. Upon any such termination, provided no default otherwise exists
hereunder, both parties shall be relieved and released from liability hereunder, with the exception of
liability of the Contractor under the Hold Harmless Agreements which shall continue in effect so long as
any claim, damage loss or expense may be made or asserted.
DEFAULT OF THE CONTRACTOR : If any material term, condition or covenant of this Agreement
on the part of Contractor to be kept or performed shall be violated and if Contractor shall fail to remove
or correct the violation within such period as is reasonably necessary for Contractor to remove or correct
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the same after written notice from the City to Contractor specifying the violation, or if Contractor
shall petition to be or shall be declared bankrupt or insolvent according to law, then and in any of such
cases, Contractor shall be deemed to be in default hereunder and __________________ may immediately
or at any time thereafter, without further notice or demand, enter into a contract with another entity to
provide the service rendered by Contractor.
FORCE MAJEURE : Contractor's performance of its obligations hereunder shall be excused in the
event and during the period that such performance is prevented by a cause or causes beyond the
reasonable control of the Contractor. Such causes shall include, but not be limited to: acts of God, acts
of war, riot, flood or sabotage or national defense requirements.
HOLD HARMLESS AGREEMENT : The Contractor hereby indemnifies and agrees to hold
__________________, its agents, employees and elected officials, harmless from and against all claims,
damages, losses and expenses, including attorneys' fees, arising out of or resulting from the
Contractor's actions or inaction in the performance of the Contract Work or otherwise in any manner
related to performance of this Contract.
In any and all claims against __________________ or any of its agents, employees, or elected officials,
by any employee of the Contractor, any Subcontractor of the Contractor, anyone directly or indirectly
employed by any of them, or anyone for whose acts any of them may be liable, the indemnification
obligation under this Section shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for the Contractor or any Subcontractor of the
Contractor under workmen's compensation acts, disability benefit acts, or other employee benefit acts or
other types of insurance or compensation coverage.
This indemnity includes, without limitation, reimbursement to __________________ of all fees and
expenses, including attorneys' fees, for responding to and/or defending any claim.
WARRANTIES :
(a) Contractor warrants all Contract Work herein contemplated to be performed and
accomplished in accordance with the established and generally accepted standards for
quality of workmanship and service of the type covered by the Contract Documents and
in accordance with all applicable laws, rules and regulations of local, state and federal
authorities or agencies.
(b) Nothing contained in the Contract Documents shall exclude or affect the operation of any
implied warranties otherwise arising in favor of __________________ with respect to
the Contract Work or any part thereof.
SAFETY STANDARDS : The Contractor will be solely and completely responsible for conditions of the
equipment and vehicles and operation of same, including safety, health and welfare of all persons and
protection of all property during performance of the Contract Work. All vehicles, equipment and
facilities used by Contractor shall be kept and maintained in safe and sanitary condition and good repair.
Contractor shall continuously maintain reasonable protection of all employees, vehicular and pedestrian
traffic and the public in general from injury or damage, and shall take all reasonable precautions to
protect public and private property from injury or loss. Contractor shall make good any damage, injury
or loss to private property and to the property of __________________ resulting from the willful or
negligent acts of the Contractor in the conduct of the Contract Work or otherwise. Contractor shall
reasonably protect adjacent private and public property, as required by law, the Contract Documents, and
good business practices. These requirements will apply continuously and not be limited to normal
working hours. With respect to all work performed under this Contract, the Contractor shall:
(a) Comply with provisions of Occupational Safety and Health Act (OSHA) and Americans
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With Disabilities Act (ADA).
(b) Comply with applicable health and environmental codes and regulations and exercise
reasonable precaution at all times for the prevention of accidents, spills or pollution
and the protection of persons (including employees) and property.
TAXES. PERMITS. FEES, ETC. : All state, federal and local taxes due or payable during the life of this
Contract on materials, services, equipment, supplies or labor used in the Contract Work shall be paid by
the Contractor to the properly authorized person or persons to accept such payments. Permits and
licenses necessary for the prosecution of the Contract Work shall be secured and paid for by the
Contractor. The Contractor shall give all notices and comply with all laws, ordinances, rules and
regulations bearing on the Contract Work.
ORAL AGREEMENTS : Oral agreements or conversations with any officer, agent, or employee of
__________________ either before or after execution of this Contract, shall not affect or modify any of
the terms or obligations in any of the documents comprising said Contract.
NON-DISCRIMINATION : In connection with the performance of Work under this Contract, the
Contractor and all Sub-Contractors shall not discriminate against any employee or applicant for
employment because of race, religion, color or national origin. The aforesaid provisions shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising and selection for training, including apprenticeship
LIENS : Contractor shall perform the Contract Work and pay for labor, services, materials, equipment
and supplies used by Contractor at all times in such a manner to avoid the imposition, filing or accruing
of any right to file any lien on property belonging to __________________ or being serviced under the
Contract. Any such lien or other imposition shall immediately be discharged and satisfied by Contractor.
CHANGES IN THE WORK : Collection and haul from future contiguous annexed areas will be paid for
at the Monthly Service Fees as set forth in the Proposal of the Agreement. If the Contract Work is so
changed subsequent to execution of the Contract and if the application of the annual fee for the
Proposal(s) Awarded shall work a hardship upon either party, there shall be an equitable adjustment of
the Contract to be agreed upon by __________________ and Contractor to prevent such hardship.
CONTRACT PRICE ADJUSTMENT CLAUSE : On the first anniversary date of this Agreement, and on
each anniversary date thereafter, the Contractor may adjust the Collection Cost based upon any increase
or decrease in the costs of living or fuel as provided herein below. Adjustments to Collection Unit Prices
will only be made in units of hundredths of a dollar; fractions of a cent will not be considered in making
adjustments. The adjustment shall be limited to _____% of the CPI with a cap of _____% if the number
of units increases by _______ or more during the year. The adjustment shall be limited to ______% of
the CPI with a cap of ______% if the number of units increases by less than ______ during the year. The
Collection Cost is per Residential and Light Commercial Unit and is calculated as follows:
Collection Cost ($) = Variable Charge($) + Fuel Charge ($); where:
Variable Charge = ________, and shall be adjusted annually by the net change in the Consumer Price
Index for Urban Wage Earners and Clerical Workers for All items - U.S. Southern City average for
populations of 50,000 to 450,000, (published by the Bureau of Labor Statistics, U.S. Department of
Labor) ("C.P.I.") between the C.P.I. issued most recent to the year of the request and the prior year's
C.P.I.
In the event the U.S. Department of Labor, Bureau of Labor Statistics ceases to publish the C.P.I., the
parties hereto agree to substitute another equally authoritative measure of change in purchasing power of
the U.S. dollar as may be then available to carry out the intent of this provision.
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The Contractor also shall be entitled to an increase in its compensation to offset any increased costs
associated with longer haul distance, if an alternate disposal site is designated by __________________
pursuant to the terms of this Contract. In addition, in the event (i) Contractor becomes liable for or is
required to collect and/or pay any governmental tax or surcharge upon collection of contracted materials,
or (ii) the cost of rendering the services hereunder is increased due to changes in any applicable state,
local or federal law, the amount of such tax, surcharge or increased cost shall be offset by adjustment of
the Contractor's compensation.
Fuel Charge = _______, and shall be adjusted annually by the net change in the spot price of Platt's
Oilgram Price Report (published by McGraw-Hill) for No. 2 Fuel, U.S. Gulf Coast Pipeline, between the
spot price issued most recent to the year of the request and the prior year's spot price.
The Index for the month of June of the calendar year preceding the then current calendar year shall be the
base number (the "Base Index") and the corresponding Index number for the month of June of the then
current calendar year shall be the current number (the "Current Index"). The percentage of any increase
or decrease in the Current Index over the Base Index shall be multiplied by the unit price for the
immediately preceding contract year. The product shall be the amount of increase or decrease for the
new contract year. The recalculated price shall be effective as of the anniversary of the next period after
written notice of the recalculation is received by __________________. A change may be made only
once in any twelve-month period. __________________ may give notice of a decrease in the same
manner as the Contractor may give notice of an increase.
There will be no mid-year adjustments except to correct errors. If an error is found, the quantity
adjustments will be effective from the date when the adjustment is agreed upon by both parties.
Procedure for Contract Price Adjustment : The compensation payable by __________________ to the
Contractor may be annually adjusted on the anniversary date of the contract. A written accounting
which describes the increased or decreased expenses must be submitted for approval a minimum of one
hundred twenty (120) days prior to October 1 of any contract year. No adjustment to the compensation
payable to the Contractor shall become effective without the approval of __________________ and such
approval shall not be withheld or delayed unreasonably or contrary to the Terms of the Agreement. The
initial rate shall take effect on the Commencement Date, and rate adjustments for succeeding contract
years shall take effect on each successive October 1st. The initial adjustments shall pick up the changes
after ______, 20___ and each ________ thereafter. Monthly payments due by __________________ to
the Contractor shall be adjusted to compensate for such annual rate increases or decreases.
Allowance For Change in Tipping Fee : Should the disposal rate (Tipping Fee) be increased or decreased
after the execution of this Contract, the Contractor shall be entitled to a rate increase or the owner a
decrease. The rate adjustment will be prorated on a per month per unit basis in a manner acceptable to
__________________ and the Contractor. There shall be no increased compensation for charges
imposed on the Contractor or against the landfill for remediation or correction of problems or events at
the landfill.
Adjustments to Disposal Unit Prices will only be made in units of hundredths of a dollar; fractions of a
cent will not be considered in making adjustments. The adjustment shall be limited to ____% of the CPI
with a cap of ____% if the number of units increases by 400 or more during the year. The adjustment
shall be limited to _____% of the CPI with a cap of ____% if the number of units increases by less than
400 during the year. The
