HomeMy WebLinkAboutC-4725 - City of Twin Falls PSI Environmental Systems Inc. 0 Residential Solid Waste Collection Disposal Services Including the Collection and Processing of Recyc (7
CITY OF TWIN FALLS, IDAHO
RESIDENTIAL SOLID WASTE COLLECTION & DISPOSAL SERVICES,
INCLUDING THE COLLECTION AND PROCESSING OF RECYCLABLES
CONTRACT
This Contract made and entered into this 28th day of November, 2016, by and between the City
of Twin Falls, Idaho, hereinafter called "City" and PSI Environmental Systems, Inc., hereinafter
referred to as "PSI."
NOW THEREFORE, it is agreed as follows:
1. SERVICES: The City provides curbside collection of solid waste, recyclables, and yard
waste to its residents.
A. Primary Services: The primary services to be provided are:
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1. Single-family residential solid waste collection and disposal and curbside
recycling program: PSI shall collect at curbside on a weekly basis all solid
waste, as defined herein or under rules and regulations that may from time-to-
time be promulgated by the City, placed curbside for collection, unless the
item or waste product is specifically excluded in this Contract or the Twin Falls
Municipal Code. PSI shall be responsible to provide each single-family
residential customer with a single 95-gallon, or other authorized size, trash
receptacle, and a single 95-gallon recycle cart.
2. "One-Can" Services: The "one-can" service allows existing customers to
be able to have a smaller 35-gallon receptacle for solid waste sanitation
services. Subscribers to this service are also eligible to participate in the
City's curb-side recycling program. Based on 2005 City Council action, no new
customers are currently eligible to participate in this program.
Under this Contract, PSI and the City will undertake a pilot program to develop
a strategy and method for expanding the smaller (35 and 65 gallon) cart sizes
for solid waste. Users requesting these smaller carts will be provided with a 95-
gallon recycle cart, also, but will be limited to trash collection of the contents
of the cart. No additional bags or cans will be allowed, with the exception of
the three weeks per year of"unlimited" trash collection provided for under
paragraph LA.3., below.
3. Additional Solid Waste Receptacles: PSI shall provide additional 95-gallon
trash and/or recycle receptacles to qualifying City single-family
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residential customers who request this service. PSI shall be responsible for
supplying, to all single-family residential solid waste customers who request
them, one or more additional receptacles. When such additional receptacles
are provided to a residential property in the City, PSI will notify the City of the
address, cart size and type so the account holder may be billed for the
additional service by the City Utility Services office.
PSI will offer large capacity collection three weeks out of each year, to be
established and advertised by PSI and the City each year. These
collections will coincide with the regular trash day for each qualifying
residential property during each of the selected weeks, and PSI will collect all
trash meeting the standard bag and can sizes and weights, in addition to the
garbage cart(s) in place at the residences. This service will be provided once in
the Spring, once in the Fall, and once during the week following Christmas. No
"makeup" collection will be provided for residents who miss their day during
these weeks.
4. Bulky and large item collection and disposal: On a monthly basis, PSI shall
collect all bulky and large items for disposal, including, but not limited to,
appliances, furniture, small automobile parts, obsolete burning barrels, play
equipment, mattresses and bedsprings, and similar items. The term "furniture"
shall not be construed to mean any commercial-type furnishings such as
church pews, booths, etc.
Personal residence improvement project waste, including such items as
cabinets, countertops, carpets and pads, toilets, bathtubs, fences, fence posts,
landscape timbers, must be prepared as noted in paragraph 5 below for
collection. Bulky and large items are to be called in by the property owner or
resident and are to be collected within 2 days of such calls. Alternatively, City
Code Enforcement staff, or PSI personnel, may note such items placed for
collection, and remove them upon confirmation from property owners or
residents that disposal is intended. Items considered for collection under this
paragraph will be subject to those limitations as may be specified from time-
to-time, under Section 3., Collection Restrictions, Paragraph A., of this
Contract.
5. Building or home improvement waste: PSI shall collect a reasonable amount of
building waste resulting from a property owner's or resident's personal home
improvement projects. Examples of this type of waste may include lumber,
plywood, siding, drywall, concrete rubble, bricks, windows, etc. Building or
home improvement waste shall be placed into suitable containers, as
delineated in Section 3., Paragraph B. of this Contract to be picked up. PSI shall
pick up the waste placed in acceptable containers, or, if described in
Paragraph 4. above, if in a condition where it is manageable for PSI's personnel
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to load as a unit without risk of personal injury or damage to equipment or
property.
A "reasonable amount" shall mean an amount of waste generated by a small
to moderate home improvement project performed by the property owner.
Generally, this shall mean approximately % cubic yard of building waste per
week. If the property owner exceeds this amount, then PSI shall remove
approximately% cubic yard and the remainder of the waste shall be tagged
and removed from the alley or curbside by the property owner or
resident until the following week when the next% cubic yard of material will
be collected by PSI.
6. Yard waste collection and processing: PSI shall collect at curbside on a weekly
basis all yard waste including cut grass, leaves, cut weeds, shrub trimmings,
brush, twigs, small branches, sod, and similar items placed in appropriate
containers or prepared for collection in accordance with rules and regulations
for the disposal of yard waste.
7. Recyclable collection and processing: PSI shall collect at curbside on a
biweekly basis, using alternating areas of the City and the same days as the
garbage collection, at least the following recyclables:
(a)Newspapers, including inserts;
(b) Metal (steel, tin, and aluminum) cans, lids, and foils;
(c) Flattened corrugated cardboard (OCC);
(d) Cereal box-type paperboard;
(e) magazines, mail inserts and other 'junk mail' items;
(f) office paper;
(g) plastic containers where the bottom is larger than the opening; and
(h) Any other materials that PSI may wish to specify.
At a minimum, all recyclables shall be placed at curbside in the provided 9S-
gallon recycling cart. The cart is to be supplied by PSI and is included in the
base price. PSI shall deliver a recycling cart to all single-family customers upon
account set-up.
All revenues, if any,_received from the collection of recyclables shall be split
equally and shared between the City and PSI. As market conditions may
require, following the first year of this Contract, ending December 31, 2017,
the City and PSI shall negotiate a cost-sharing of any net costs associated with
the handling, processing,transport and storage of recyclables collected under
this Contract.
8. Future Recycling Options: During the term of this Contract, and as options
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for expanded recycling methods and processes become available on an
economically viable scale, PSI and the City will work to develop ways to provide
those options to citizens. Anticipated options include glass recycling, expanded
plastics type and shape recycling, and "green waste" recycling and composting.
9. Residential Collections: All solid waste collected shall be disposed of at
the South Central Idaho Transfer Station, located at 2186 Orchard Drive East in
Twin Falls, Idaho. All recycling materials shall be sent to an appropriate
recycling facility.
10. Accommodation of Disabled Persons: In accordance with the Americans
with Disabilities Act, PSI shall provide accommodation to those who request
it, including on-site collection to disabled residents who are unable to place
their solid waste, yard waste, and recyclables at curbside for collection.
Written certification from a doctor or other equivalent medical authority will
be supplied to the City at the Utility Services Department in order for these
residents to be served in this manner. The City will publicize this service
and will advise PSI of any requests for accommodation submitted to the
City. The City will work with PSI to establish written determination on any
request for accommodation.
B. Optional Service Requirements: Upon written request of the City, PSI shall
provide once-a-month special collection service. This service shall consist of the
loading, hauling and placing of all loose debris and solid waste, exclusive of building
materials, rock, earth, sod, manure and automobile bodies, that may have
accumulated on any or all residential streets and alleys within the City.
C. Extra Service Requirements: PSI shall do such extra work in connection with this
Contract as the City Manager or his agents may direct. No allowance for extra work of
any kind shall be made unless PSI shall have been furnished an extra work order
authorizing such work and an agreement for payment approved by the City Manager.
PSI will provide, at the customer's expense, additional service to remove prohibited
materials. Such service shall be provided upon request. PSI is responsible to notify the
customer of the service.
D. Public Education: PSI shall work with the City in promoting recycling and proper
disposal of solid waste and yard waste. Public education efforts may include
brochures, signs, videos, and presentations to classes and community groups. The
cost of these services shall be included in the basic service rates set forth in
this Contract.
E. Incidental Service: All minor details of work which are not specifically mentioned
in this Contract, but are obviously necessary for the proper completion of the work,
shall be considered as incidental and as being part of, and included with, the work
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contracted herein, and no extra compensation shall be allowed PSI for the
performance thereof.
F. Disposal Site: All solid waste, collected from whatever source, shall be delivered
to the Southern Idaho Solid Waste Transfer Station for disposal. PSI's services shall be
conducted in accordance with the terms of this Contract and the Twin Falls City Code.
Before work under this Contract shall be started, PSI shall meet and consult with the
City Manager relative to materials, equipment, and all arrangements for performing
the work.
2. COLLECTION RESTRICTIONS:
A. Items refused for pickup: PSI shall provide the City with a list of items or types
of solid waste that will not be picked up, that require special preparation before being
collected (e.g. paint cans, tires, etc.), or any other limits on collection. The list of items
shall not be changed without the approval of the City Manager or his designee.
B. Types of containers: At minimum, on a weekly basis, PSI shall collect all solid
waste placed at curbside in the resident's issued 95-gallon, or other size
authorized and provided, container. When the provided container(s) is (are) full
additional items placed at curbside shall also be collected when placed in the
following containers:
1. Approved plastic bags closed at the top weighing no more than 35 pounds;
and
2. Or containers approved for solid waste collection weighing less than 50
pounds (container and contents combined.)
C. Unacceptable Waste: When solid waste contains materials such as concrete, hot
ashes or any other materials requiring special equipment or precautions in handling
and disposal (collectively, "Unacceptable Waste"), the customer may be assessed a
charge in addition to regular charges. Said charge will be negotiated prior to loading
the Unacceptable Waste onto the collection vehicle. If the affected customer is not
available to negotiate or if the parties are unable to agree upon a charge for the
handling of the Unacceptable Waste, PSI shall have no obligation to collect and
transport the Unacceptable Waste. A part of the charge for collection will include
the gate fee that will be charged at the applicable disposal site.
D. Hazardous materials, large items and non-household waste:
1. PSI shall not knowingly transport to the landfill hazardous materials or
substances such as poisons, acids, caustic and explosives, toxins or toxic
materials, medical wastes, wearing apparel and bedding or other solid waste
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from any place such as hospitals or any premises where highly infectious
contagious disease has prevailed, asbestos or materials containing asbestos or
radioactive materials. All requests for collection of any hazardous materials
shall be referred directly to the City or its designated representative by PSI.
2. The City or its designated representative shall also be contacted by PSI when
regulated items that cannot be collected, co-mingled, or transported to the
applicable disposal site appear in any customer's container. Said materials will
be left on customer property and PSI shall use reasonable efforts to notify the
customer, who will be responsible for proper handling of the waste or making
proper arrangements with PSI. A part of the charge for collection will include
the gate fee that will be charged at the applicable disposal site for non-
household solid waste.
3. PSI shall not be required to collect non-household solid waste items on regular
collection routes and/or co-mingle them with the household solid waste in its
collection vehicles.
3. COLLECTION DAYS, HOLIDAYS TIMES AND ROUTES:
A. Collection Days: Collection days are Monday through Friday. Any alteration of
collection days shall be approved by the City, which approval shall not be
unreasonably withheld, conditioned or delayed.
B. Holidays: Collection shall not be scheduled on the following holidays: New Year's
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas
Day. In the event of a collection postponed by a holiday, the collection day shall be on
the following day. For example, if a recognized holiday were to fall on a Friday, the
collection service would occur on Saturday. Normal collection will resume on the
regular collection day of the following week. By December 1st of the preceding year,
PSI shall annually provide the City's Representative with the specific dates of the
holidays affecting service for the coming year. Additionally, PSI will be required, at
their sole cost, to notify the public about holiday collection schedules.
C. Times: The collection times for all services shall be between the hours of 7 a.m.
and 7 p.m. of the scheduled collection day, unless authorized by the City's
Representative to exceed this time period. Sunday pick-ups are prohibited.
D. Routes: Upon request, but annually at a minimum, PSI shall provide to the City's
Representative a map of the collection routes followed by PSI within the City.
4. TERM: The term of this Contract shall be for a period commencing on October 1, 2016,
and ending December 31, 2026. Thereafter, the City and PSI may extend this Contract by
mutual agreement upon the terms and conditions contained herein or upon such changed
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terms and conditions as they shall agree.
5. COMPENSATION: PSI, in consideration of the sum to be paid it by the City and the
covenants and agreements herein contained, agrees at its own cost and expense to furnish
all labor, materials and equipment necessary for the collection, loading, and hauling of solid
waste for residents of the City in full compliance with this Contract. City shall be responsible
for the collection and billing of the residential solid waste removal fees, as specified in this
Contract.
In consideration for the services herein provided, City agrees to pay PSI the Base Price for
Residential Solid Waste Collection with Curb-Side Recycling program.
A. Base-Price for Residential Solid Waste Collection with a Curb-Side Recycling
Program: The monthly unit price for residential solid waste collection
services with a curb-side recycling program, as described in Section 1 of this
Contract, is $10.37, with the existing "One Can" customers' rate being $5.00, and
including a recycle cart.
City agrees to pay PSI the per customer amount for the customer count set
forth herein on or before the 10th day of each month for the previous month for
the Contract term. On September 15 of each year during the term of this Contract,
City and PSI shall determine the number of customers then receiving residential
services. Ninety (90) days prior to each annual anniversary date (October 15t of each
year) beginning in July 2017, and each year thereafter, the City and PSI may
negotiate a Contract price adjustment in consideration of current prices, costs, and
the cost of living indexes and changed circumstances. Such an adjustment shall, as
nearly as possible, reflect PSI's actual operating costs and may not necessarily
correspond to cost of living indexes. The per customer amount and count shall then
be adjusted and made effective for the following fiscal year, which first fiscal year
shall be that beginning October 1, 2017.
The City Council, after providing PSI 180 days notice, shall have the right to amend
the level of service provided for in this Contract. Qualifying levels of service and the
corresponding base price are as follows:
B. Base Price for Residential Solid Waste Collection with a Curb-Side Recycling Program:
The monthly unit-price for residential solid waste collection services with a
curb-side recycling program, as described in Section 1 of this Contract, is $10.37 per
month.
C. Base Price for "One Can" Service including a Curb-Side Recycling Program: The
monthly unit-price for "One Can" residential solid waste collection service, which will
include a 95 gallon recycle cart, as described in Section 1 of this Contract, is $5.00
per month.
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D. Base-Price of Additional Charges for Other Options included in Contract:
1. Contaminated Recycle Cart contents: 3 chances—2 with a warning
sticker each time; then a $5.00 charge (on 3rd occurrence) and removal of
cart;
2. Extra 95-gallon Garbage cart: $2.00 per month; and
3. Extra 95-gallon Recycle cart: $0.90 per month.
PSI and the City will collaborate on the development of a pilot program
to test, and serve as the basis for, the considered expansion of the availability of
smaller cart size services for the solid waste portion of the sanitation services. Such
program will be directed at establishing standards and methods for providing either
35-gallon or 65-gallon cart size garbage carts to qualifying residents upon request by
those residents who are interested in decreasing their garbage disposal loads into the
system and landfill. Once the pilot program constructs are established, the program
will be made available more broadly, using a controlled process in order to maintain
an orderly and efficient distribution of the carts requested among residents in a
timely fashion. Pricing of the smaller cart size services will be affected by the number
of participants who choose to use the smaller carts, and this pricing may be modified.
as the number shifts by more than 5%. Barring any significant change requiring a
special public hearing, the pricing will only be adjusted annually within the budget
process and time frame of the City.
6. RATE ADJUSTMENTS: The Base Contract prices, as illustrated in Section 5 of this Contract, will
remain in effect until an adjustment has been successfully negotiated. No adjustment to the
Base Contract prices shall occur before October, 2017. Thereafter, adjustments may be
negotiated annually, as specified in this contract. For purposes of this Contract, a rate
adjustment is defined as any temporary or permanent adjustment in the Base Contract
pricing established in this Contract for the year beginning October 1st, 2016.
7. MAINTENANCE OF A BUSINESS OFFICE: PSI shall establish and maintain an office within
the City and shall keep said office open for business during the normal hours of each working
day throughout the year. In addition, PSI shall be available 24 hours per day for all days
during the calendar year to perform all duties as required in this Contract should immediate
performance of these duties be required to insure the health, welfare and safety of the
people of the City. PSI shall provide proper office space within the City limits with sufficient
telephones and personnel and shall quickly and expeditiously receive and answer all calls.
8. EQUIPMENT: For Primary Service Requirements, PSI must have a minimum of four (4)
twenty cubic yard compactor truck units and have at least one stand-by unit for emergencies
caused by breakdowns or unforeseen additional solid waste. For Secondary Service
Requirements, PSI shall provide whatever equipment is necessary to best accomplish the
work; preferably dump body trucks with tarpaulin covers. PSI shall maintain garaging and
maintenance facilities for all equipment in a condition, and at a location, acceptable to the
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City insofar as zoning, traffic, home parking, and nuisance considerations are concerned. PSI
shall maintain all trucks in a clean and sanitary condition and in a good painted condition and
all the same color. All equipment necessary for the collection and hauling of garbage and
refuse to be used by PSI shall be maintained so as to prevent leakage, spillage, or overflow.
All equipment shall be clearly identified and assigned an equipment number displayed on
both sides of the equipment in numerals at least six inches in height and with the firm name
and telephone number similarly displayed. PSI shall not use a firm name containing "City of
Twin Falls" or other words implying municipal sponsorship or ownership. Each vehicle hauling
refuse in the City by PSI shall carry a fire extinguisher in accordance with the specifications
approved by the City Fire Department and shall be inspected annually every August of each
year of this Contract. PSI's garage facilities shall have adequate fire extinguishers on the
premises at all times. All equipment that is unsuitable shall be immediately removed from
service and shall be replaced with equipment approved by the City. Vector control will
normally consist of spraying, etc., for the control of flies, mosquitoes, and other insects on or
about PSI's equipment. PSI shall provide all vector control as directed by the City and as
required by the State Health Department, and no additional charge will be made to the City.
PSI shall have all equipment, materials, and supplies necessary for spraying, etc., as required
for the proper control of flies, mosquitoes and other insects as directed by the City and the
State Health Department. The City shall have the right, during normal working hours, to
inspect the equipment used for the performance of this Contract.
9. PERFORMANCE STANDARDS: PSI shall be responsible for program management according to
specific operating and personnel standards:
A. PSI's vehicles shall be operated in accordance with applicable laws of the State of
Idaho and local ordinances.
B. Service shall be provided as scheduled unless excused by the City Manager, or
his designee.
C. PSI shall employ only competent and trustworthy workers and supervisors.
D. PSI's employees and supervisors shall conduct themselves in a courteous, honest,
and professional manner. PSI shall take immediate action to correct the behavior of
any employee or supervisor who is insolent, disorderly, careless, unobservant,
dishonest, or acting in any way that is detrimental to the satisfactory progress of
work under this Contract.
E. PSI's employees shall be attired in a manner that is professional and as neat and
clean as circumstances permit.
F. PSI shall exercise reasonable care and diligence in handling waste containers. Any
waste spilled while emptying the containers shall be completely and immediately
cleaned up by PSI.
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G. PSI shall provide and maintain suitable, appropriate containers, as specified in this
Contract.
H. PSI shall replace cans in an erect position with the lids replaced or placed adjacent
to the container, except during windy conditions when the containers may be laid on
their side to avoid the cans being blown away. PSI shall be responsible for the
replacement of any containers damaged by its employees.
I. PSI shall have at least one field supervisor dedicated to overseeing the performance
of PSI's workers in the City. The supervisor shall familiarize himself/herself with the
City and the services required under these specifications.
J. PSI shall maintain an office for the receipt of service calls and complaints. The office
shall be open and available for calls, at minimum, Monday through Friday from 8
a.m. to 5 p.m. as well as any time when PSI is performing services under this
Contract in the City. The office shall contain at least two telephone lines with local
numbers listed under PSI's name in the City's local telephone directory. The office
shall have the ability to communicate with personnel in the field.
K. Each complaint shall be investigated by PSI and responded to within one business
day unless mutually extended by PSI and the complaining party. If the complaint
concerns the failure of PSI to collect solid waste, bulk items (as delineated in Section
4 above), building material, yard waste, and/or recyclables as required by these
specifications, PSI shall make the collection by 6:00 p.m. of the same day. There will
be no exception to this requirement unless the collection has been altered due to a
holiday or unforeseen circumstances and authorized by the City Manager, or his
designee.
L. The vehicles used for collection shall have a completely enclosed, watertight
body, and shall be properly designed so that the wheel and axle loads with a fully-
loaded body shall not exceed the schedule of weights allowed by the laws of the
State of Idaho and the City. If it is not possible to fully load the body and stay within
the limits of the law, PSI will be required to reduce the loads in the body until they
comply with the law.
M. The equipment shall be painted uniformly and must be maintained in good
condition, appearance, and in a sanitary condition at all times. Each piece of
equipment shall include PSI's name and each vehicle shall be assigned a number that
is prominently painted on the vehicle. Sufficient equipment and personnel shall be
furnished to make all collections completely within current collection schedules.
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10. CITY-PSI RELATIONS:
A. City Manager's Responsibility and Authority: All work shall be done under the
general supervision of the City Manager. The City Manager shall decide any and all
questions which may arise as to the quality and acceptability of services provided.
B. Inspection of Work: All materials and each part or detail of the work shall be
subject at all times to inspection by the City Manager. Such inspection may include
field, or shop inspection, and any equipment used under this Contract is subject to
such inspection. The City Manager shall be allowed access to all parts of the work and
shall be furnished with such information and assistance by PSI as is required to make a
complete and detailed inspection.
C. Protection of Property: PSI shall not enter upon private property for any purpose
without obtaining permission, and it shall be liable for all damage done to water, gas,
steam or other pipes, flumes, poles or conduits, or other real or personal property
owned by any person or corporation. PSI shall repair or replace, as directed by and to
the satisfaction of the City Council and City Manager or his authorized representative,
all water, sewer, irrigation, drainage or other pipe, flumes, conduits, hydrants, poles
or other property of the City, which may be injured or damaged by reason of the
execution of the work done under this Contract, or by reason of the negligence or
carelessness of PSI, or any of its agents, servants, or employees, and if PSI shall fail
or neglect to make such repairs, or to replace the same within ten (10) days after
being notified to do so, then the City, by its agents, servants or employees, may make
such repairs, replace such sewer, irrigation or drainage pipes, flumes, conduits,
hydrants, poles, or other property so injured or damaged, and the cost of so doing
shall be deducted from any sum or sums due, or to become due to PSI under this
Contract.
11. SERVICE CONTROLS: No work which may be defective, or deficient in any of the
requirements of this Contract, will be considered as accepted in consequence of the failure
of any officer of the City or inspector connected with the work, to point out the defects or
deficiencies. PSI shall correct any imperfect work, whenever discovered. In addition to
penalties provided for violations of any presently existing ordinances of the City, the
following liquidated damages may be assessed by the City.
PSI shall pay City $750.00 per day for discontinuance of collection and disposal service on
any route for any reason for more than 72 hours beyond the scheduled day, except for
causes beyond the control of PSI.
For each complaint of failure to make collection from a customer's container in accordance
with the prescribed schedule of collections, when correction of such complaint is not made
within 24 hours, the City shall withhold from money due PSI the sum of$15.00 per service.
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Complaints of this nature will be referred in writing to PSI, who shall remedythe faulty aulty
condition within 24 hours after receipt of such notice. PSI will not be required to use a
collection unit of the load packer type, but may use a small pick-up truck servicing such
complaints.
12. EMERGENCY SERVICES: PSI shall perform solid waste removal services and shall furnish the
equipment necessary therefore during an emergency endangering life or property. In all
cases PSI shall notify the City Manager of the emergency as soon as practicable, but PSI shall
not wait for instructions before proceeding to properly protect both life and property.
13. INSURANCE: PSI shall provide the following coverage:
A. Worker's Compensation Insurance: PSI shall procure and maintain during the term of
this Contract, Worker's Compensation Insurance, including Employer Liability
Coverage, in accordance with all applicable statutes of the State of Idaho. In the
event that any of this Contract work is sublet, PSI shall require the subcontractor to
provide insurance for all the subcontractor's employees engaged in such work unless
such employees are covered by the protection afforded by PSI's insurance.
B. Commercial General Liability: PSI shall procure and maintain during the term of this
Contract, Commercial General Liability on an "Occurrence Basis" with limits of
liability not less than $1,000,000 per occurrence and/or aggregate, combined single
limit for Personal Injury, Bodily Injury, and Property Damage. Coverage shall include
the following extensions: (A) Contractual Liability; (B) Completed Operations
Liability; (C) Independent Contractors Coverage; and (D) Broad Form General Liability
Extensions.
C. Motor Vehicle Liability: PSI shall procure and maintain during the term of this
Contract, Motor Vehicle Liability insurance with limits of liability of not less than
$1,000,000 per occurrence, and/or aggregate, combined single limit for Personal
Injury, Bodily Injury, and Property Damage.
D. Environmental Liability: PSI shall procure and maintain during the term of this
Contract, environmental liability insurance with limits of liability of not less than
$1,000,000 per occurrence.
E. Additional Insured: The Commercial General Liability and Motor Vehicle Liability
policies shall include an endorsement stating the following: it is understood and
agreed that the following shall be Additional Insured: The City of Twin Falls and
including all elected and appointed officials, all employees and volunteers, all boards,
commissions and/or authorities and their board members, employees, and
volunteers. This coverage shall be primary to the Additional Insured, and not
contributing with any other insurance or similar protection available to the
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Additional Insured, whether said other available coverage be primary, contributing or
excess.
F. Cancellation Notice: The policy or policies shall contain a clause that the insurer will
not cancel the insurance coverage without written notice to the City in accordance
with the provisions of such policies.
G. Renewal Certificates: If any of the policies expire during the term of this Contract,
PSI shall deliver renewal certificates and/or policies to the City at least ten (10) days
prior to the expiration date.
15. INDEMNIFICATION AND HOLD HARMLESS: PSI agrees to hold harmless the City, its elected
and appointed officials, employees and volunteers and others working in behalf of the City
from any and all liability, including damages of any kind or nature, expenses and costs,
including professional fees and court costs under any and all claims, demands, suits, or loss,
including all costs connected therewith, and for any damages which may be asserted,
claimed or recovered against or from the City, its elected and appointed officials,
employees, volunteers or others working in behalf of the City, by reason of personal injury,
including bodily injury or death and/or property damage, including loss of use thereof,
which arises out of or is in any way connected or associated with its operations under this
Contract or any other current or future local, state, or federal statutes and regulations which
might be asserted against the City directly or indirectly in connection with this Contract, or
acts and omissions of the City, its elected and appointed officials, employees, agents,
contractors, and subcontractors.
16. LAWS TO BE OBSERVED: PSI shall give all notices and comply with all Federal, State
and local laws, ordinances and regulations in any manner affecting the conduct of the
services, and all such orders and decrees as exist, or may be enacted by bodies or tribunals
having any jurisdiction or authority over the work, and shall indemnify and save harmless
the City against any claim or liability arising from, or based on, the violation of any such law,
ordinance, regulation, order or decree, whether by PSI, its agents, contractors or
subcontractors, PSI's officers or employees. PSI shall secure all permits and licenses
necessary for the provision of the services, including a license from the City for the
collection and transportation of solid waste within the City limits.
17. PUBLIC SAFETY AND CONVENIENCE: PSI shall at all times conduct its work
so as to insure the least possible obstruction to traffic and inconvenience to the general
public and the residents in the vicinity of the work, and to insure the protection of persons
and property in a manner satisfactory to the City Manager. No road or street shall be closed
to the public except with the permission of the City Manager and proper governmental
authority. Fire hydrants on or adjacent to the work shall be kept accessible to firefighting
equipment at all times. Temporary provisions shall be made by PSI to insure the use of
sidewalks and the proper functioning of all gutters, sewer inlets, drainage ditches and
irrigation ditches, which shall not be obstructed except as approved by the City Manager.
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18. CITY'S RIGHT TO TERMINATE CONTRACT: If PSI defaults in the performance of any of
the covenants of this Contract, City ordinances, reasonable rules and regulations as might
be set forth by the City Council from time-to-time, health or environmental regulations of
the State of Idaho or declares bankruptcy, the City shall give PSI thirty (30) days written
notice from the date of default or City's reasonable discovery of default setting the default,
and if PSI fails, neglects, or refuses for a period of more than thirty (30) days after receiving
said notice to correct the default, then the City without further notice may revoke this
Contract and thereby render it null and void.
19. PSI's RIGHT TO SUSPEND WORK OR TERMINATE CONTRACT: PSI may suspend work or
terminate this Contract upon thirty (30) days written notice sent by certified mail with
return receipt to the City and the City Manager, for any of the following reasons:
A. If an order of any court, or other public authority caused the work to be stopped
or suspended for a period of ninety (90) days through no act or fault of PSI or its
employees.
B. If the City should fail to act upon request for payment within ten (10) days after the
10th of the month following presentation of the request.
20. ASSIGNMENT: Neither PSI nor the City shall subcontract, sell, transfer, assign or otherwise
dispose of this Contract or any portion thereof, or of its right, title or interest therein, or its
obligations there under, without written consent of the other party, which consent shall not
be unreasonably withheld, conditioned or delayed. Any transfer, reorganization, merger or
other corporate activity wholly within PSI or among its parents, subsidiaries, sister entities
and affiliates will not require the City's consent.
21. WAIVER: Failure of either party to exercise the rights upon any default of the other
shall not be construed as the waiver of the right to insist upon full performance of all the
terms and conditions of this Contract, or exercising any other rights contained in this
Contract.
22. AMENDMENTS: This Contract may not be amended, modified, altered or changed
in any respect whatsoever, except by further agreement duly executed by the parties
hereto.
23. ATTORNEY'S FEES: In any controversy relating to this Contract, the prevailing party shall
be awarded its attorney fees and costs (including, but not limited to, the costs for
arbitrator(s) and expert witnesses) in any proceeding brought in a court of law and/or
arbitration, including any bankruptcy or appeal proceeding.
24. NOTICES: Notices or communications herein required or permitted shall be in writing
and given to the respective party by registered or certified mail or by hand delivery (said
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notice being deemed given and received as of the date of mailing or delivery) at the
following addresses unless either party shall otherwise designate its new address by written
notice:
City of Twin Falls
Attention: City Manager
PO Box 1907
Twin Falls, Idaho 83303-1907
PSI Environmental Systems, Inc.
Attention: District Manager
222 Gem Street
Twin Falls, ID 83301
25. FORCE MAJEURE: Provided that the requirements of this Section are met, PSI shall be
excused from performance and shall not be liable for failure to perform under this Contract
if PSI's performance is prevented or delayed by acts of terrorism, acts of God, landslides,
lightning, forest fires, storms, floods, typhoons, hurricanes, severe weather, freezing,
earthquakes, volcanic eruptions, other natural disasters or the imminent threat of such
natural disasters, pandemics, quarantines, civil disturbances, acts of the public enemy, wars,
blockades, public riots, strikes, lockouts, or other labor disturbances, acts of government, or
governmental restraint or other causes, whether of the kind enumerated or otherwise, and
whether foreseeable or unforeseeable, that are not reasonably within the control of PSI
("Force Majeure"). If, as a result of a Force Majeure event, PSI is unable wholly or partially to
meet its obligations under this Contract, it shall promptly give the City notice of the Force
Majeure event, describing it in reasonable detail. PSI's obligations under this Contract shall
be suspended, but only with respect to the particular component of obligations affected by
the Force Majeure and only for the period during which the Force Majeure exists.
[Remainder of Page Intentionally Left Blank;
Signature Page Follows.]
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IN WITNESS WHEREOF, the parties have executed this Contract as of the day and year first
above written.
PSI
By: 1 �(
Title: /S r i C. I� ��' `aw
CITY F TWIN FALLS
C
By: 44 _-�
MAYOR
P.O. Box 1907
Twin Falls, ID 83303-1907
I
i
III
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