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HomeMy WebLinkAbout2004-109 - Sanitation Collection and Disposal Agreement with Deffenbaugh IndustriesBILL NO. 2004-109 ORDINANCE NO. 2004-109 AN ORDINANCE AUTHORIZING THE CITY OF KIVERSIDE TO ENTER INTO A SANITATION COLLECTION AND llISPOSAL AGREEMENT WITH, AND PAY CF,RTAIN FUNDS TO, DEFFENBAUGH INDUSTRIES, INC. WHEREAS, The City of Riverside, Missouri ("City") has solicited and received bids for sanitation services, including collection of residential waste, City waste and recyclables; and WHEREAS, the City has reviewed the bids it received for such services, and determined the bid submitted by Deffenbaugh Industries, Inc. ("Deffenbaugh"), to be the lowest and best bid; and WHEREAS, the City and Deffenbaugh have negotiated the terms of agreement for the provisions of such sanitation services, and WHEREAS, the City's Board of Aldermen believes that it is in the City's best interests to enter into an agreement with Deffenbaugh for such services. NOW, THEREFORE, BE IT ORDAINED, by the Board of Aldermen of Riverside, Missouri. as follows: Section 1. The City of Riverside shall enter into a Sanitation Collection and Disposal Agreement with Deffenbaugh Industries, Inc., whereby Deffenbaugh will provide residential trash and waste collection, trash and waste collection at specific City buildings and parks, and curbside recyclables collection, and whereby the City shall pay to Deffenbaugh certain collections fees as provided in the attached agreement (the "Agreement'). Section 2. The Mayor is authorized and directed to execute the Agreement, in substantially the form attached hereto as Exhibit A, with such changes as the Mayor shall approve, execution of such document being conclusive proof of such approval. The Mayor is authorized and directed to perform all acts and execute any other documents necessary or desirable to effectuate the intent of this Ordinance. Section 3. This ordinance shall take effect immediately. ADOPTED AND PASSED 'PHIS ~~' DAY OF ~ ' F ;'/d/.~~1 t, 200 ~l . I ~ ; ./~~?~~X~`J cc~~t~ n MAYOR OF~THE CITY OF RIVERSIDE A;ITEST: i i~~ CITY CLERK C`DOCl; b1 H-I ~mkitzf`.LOCALS-I ~ ~emp`.iSn~ub~Ordinancc a uthorizino Dcfenbaugh trash collection contract (K0~177G3 )-UOC '~r .. ~ ~' SANITATION COLLECTION AND DISPOSAL AGREPMENT - a !,~ THIS AGREEMENT is made and entered into this /~ day of ~~ ~ ~ ~ -; f; 200 ~ , by and between the City of Riverside, Missouri, a Missouri fourth-class city incorporated under the laws of Missouri ("City") and Deffenbaugh Industries, Inc., a Missouri corporation ("Deffenbaugh"). IN CONSIDERATION OF the mutual promises, covenants, and agreements herein contained, the adequacy and sufficiency of which are hereby acknowledged, the parties do mutually promise, covenant and agree to the following: 1. Term. The term of this Agreement shall commence on January 1, 2005, and shall continue until, and terminate on, December 31, 2006 (the "Term"). In addition, the City shall have the option, exercisable in its sole discretion, to extend this Agreement for one (1) additional year (the "Option"), at the rates of compensation to Deffenbaugh provided below, the exercise of such option to extend the Tenn to December 31, 2007. In the event that the City determines to exercise the Option, it shall notify Deffenbaugh of such determination no less than fourteen (14) days prior to the termination of the Term. 2. Solid Waste Defined. For purposes of this Agreement, the term "Solid Waste" shall include: (i) gm~bage, which includes animal or vegetable waste resulting from the handling, preparation, cooking, serving or consumption of food from homes, kitchens, apartments, hotels, restaurants, stores, markets, places of businesses, and similar establishments; (ii) ~~ubbish, which shall include waste paper, rags, cartons, boxes, excelsior, leather; cloth materials, tin cans, glass, crockery, ashes and clinkers from heating plant furnaces and fireplaces, or other materials light in weight and easily handled, or a combination of any two or more of the foregoing types of materials; and (iii) reside~atial ratbbish, which shall include small furniture, bundled rugs and padding, toys, tools, and other comparable materials. For purposes of this Agreement, Solid Waste shall not include hot ashes or cinders, shrub trimmings, yard trimmings, tree trunks or limbs, street sweepings, catch basin muck, construction materials, appliances, large furniture or Hazardous Waste. Hazardous Waste Defined. For purposes of this Agreement, the term "Hazardous Waste" means (a) asbestos in any form; (b) any substances defined as or included in the definition of "hazardous substances," "hazardous waste," "hazardous materials," "extremely hazardous wastes," "restricted hazardous wastes," "toxic substances," "toxic pollutants," "contaminants" or "pollutants," or words of similar import, under any applicable federal, state or local statue, law, rule, regulation, ordinance, code, policy, or rule of common law now or hereafter in effect and in each case as amended, and any judicial or administrative interpretation thereof, including any judicial or administrative order, consent decree or judgment, relating to the enviroiunent, health and safety; and (c) any other substance exposure to which is regulated by any governmental authority. 3. Collection Area and Collection Points Defined. (a) For purposes of this Agreement, the term "Collection Area" shall mean all that land within the corporate limits of the City and incorporated by the City. (b) For purposes of this Agreement, the teen "Collection Points" shall mean each dwelling, home, duplex, residence or other such building or location which is an originating source of Solid Waste and/or Recyclable Items and from which such waste and items shall be collected under this Agreement. The initial total number of Collection Points contemplated by this Agreement is set out in Exhibit A attached hereto, and may be modified from time-to-time by the City. All Solid Waste set out by residents at Collection Points must be done so in compliance with Riverside City Code §§ 22j.020 and 22j.030. 4. Residential Services. Deffenbaugh hereby covenants and agrees to furnish all of the necessary vehicles, trucks and other equipment and to do the work and provide the service of collecting, removing and disposing of all Solid Waste in conformance with this Agreement, from all Collection Points ("Residential Services"). Deffenbaugh further covenants that it shall be able and prepared to commence provision of the Residential Services on or before the commencement of the Term and uninterrupted during the Term. Deffenbaugh shall collect Solid Waste from each Collection Point on a weely basis. j. City Collection Services. (a) Deffenbaugh hereby covenants and agrees to: (i) furush all of the necessary vehicles, trucks and other equipment and to do the work and provide the service of collecting, removing and disposing of all Solid Waste in conformance with this Agreement, from all public buildings identified on Exhibit B attached hereto (the "Public Buildings"); and (ii) provide suitable containers to the City, from which such Solid Waste may be collected and removed and which containers shall be in compliance with City Code § 22j.030 (except that the containers may exceed the capacity and weight limits provided therein) (the "City Containers"), for the Public Buildings as identified on Exhibit B attached hereto. (b) Deffenbaugh shall collect Solid Waste from the Public Buildings on a weekly basis. (c) The services described in this Section j shall be collectively referred to in this Agreement as the "City Collection Services." Deffenbaugh further covenants that it shall be able and prepared to commence provision of the City Collection Services on or before the commencement of the Term and uninterrupted during the Tern. 6. [Intentionally Omitted] 7. Recyclin~ Services. 2 (a) Deffenbaugh, during the Term of this A~neement, hereby covenants and agrees to furnish all of the necessary vehicles, trucks and other equipment and to do the work and provide the service of collecting, removing and disposing of all recyclable items, as further defined below, whether such items are sorted or unsorted, in conformance with this Agreement, from all Collection Points ("Recycling Services"). For purposes of this Agreement, "Recyclable Items" shall mean newspaper, corrugated cardboard boxes, plastic bottles (i.e., soda bottles, milk bottles, etc), tin cans, steel cans and aluminum cans. (b) Though Deffenbaugh shall provide notice to residents that Recyclable Items should be placed at curbside for collection and removal in clear or transparent bags, Deffenbaugh may, in its discretion, offer suitable containers to residents from which Recyclable Items may be collected and removed, such containers to be accepted by residents in each resident's sole discretion; such containers shall be light-weight and all-weather containers, and shall have a capacity of no less than twenty (20) gallons and no more than thirty (30) gallons (the "Recyclables Containers"). Should Deffenbaugh determine to offer such Recyclables Containers to residents, any fee which Deffenbaugh determines to charge for such Recyclables Containers shall be assessed to and paid by the resident requesting such Recyclables Containers. Deffenbaugh hereby agrees and covenants that no resident shall be required to obtain any Recyclables Containers and may participate in the Recyclable Sen~ices without obtaining any Recyclables Containers, and further agrees and covenants that the City shall have no liability, and shall not be required to pay any fee, for any Recyclables Containers provided to any resident pursuant to this Section 7(b). (c) Deffenbaugh agrees that it shall provide written directions and information to all residents regarding the Recycling Services. Deffenbaugh acknowledges and agrees that each resident's participation in the Recycling Services is voluntary and solely at the discretion of each resident, and that no resident shall be fined, charged or otherwise adversely impacted should any resident determine not to participate in the Recycling Services and/or to obtain any Recyclables Containers. (d) Deffenbaugh shall provide to the City a detailed written report which describes the volume of Recyclable Items which has been collected in the Collection Area, as well as the number of Collection Points at which Recyclable Items are being collected, within ten (10) days of the end of each quarter during the Tern. (e) Deffenbaugh shall not dispose of any Recyclable Items in, or otherwise remove any Recyclable Items to, any sanitary landfill, waste disposal site or other facility which is not prepared for and dedicated to the recycling of the Recyclable Items. Should Deffenbaugh do so, such action shall be considered a breach of this Agreement. (f) Deffenbaugh shall collect Recyclable Items from each Collection Point on a weekly basis. 3 8. Collection Equipment. Deffenbaugh shall complete its obligations colder this Agreement by using vehicles, trucks and other equipment for collection which shall be substantial, nonleakable, sanitary and in clean condition at all times. Vehicles and trucks shall be constructed and covered so as to prevent spilling out or leaking of contents, and to further conceal contents from view except when being loaded or unloaded. Failure to keep any vehicle, truck, or other equipment in a generally operable condition and in conformance with this Section and Riverside City Code § 225.085(E) shall cause exclusion of that equipment from the performance of collection services under this Agreement. 9. Performance of Services. (a) Deffenbaugh shall provide the Residential Services, City Collection Services and Recycling Services (refer-ed to collectively as the "Services") with as little disturbance as possible. Deffenbaugh shall observe all City ordinances relating to the obstruction of streets, keeping passageways open and protecting the same, and shall obey all laws and City ordinances governing, controlling or limiting Services and those employees engaged in Services. (b) Deffenbaugh shall not litter the premises in the process of providing the Services. In the event that Deffenbaugh does cause littering, spillage or otherwise causes the premises at which the Services are being provided to suffer a less than clean and sanitary condition, Deffenbaugh shall innnediately clean and restore the affected premises to a clean and sa~utary condition. Deffenbaugh shall transport all Solid Waste in such a manner as to prevent it from spilling or blowing from the vehicles, trucks or other equipment used by Deffenbaugh in the performance of the Services. Failure to comply with this Section 9(b) may be grounds for termination or cancellation of this contract, and further may constitute an event of Default by Deffenbaugh, provided however that Deffenbaugh shall have a period of five (5) business days after receipt of a written notice of termination, cancellation or default to cure any such non-compliance or default. (c) Deffenbaugh shall, after collecting Solid Waste at Collection Points, return waste container(s) and/or trash can(s) and lid(s) to the same place or area at which it was set out, in the same condition in which it was found. (d) Deffenbaugh shall not cause damage other than ordinary wear and tear to waste containers set out by residents for collection of their contents. Should the City, upon its own investigation or upon investigation of a complaint received by it, determine that employees or others related to Deffenbaugh have caused a waste container to be damaged or harmed in any manner, and Deffenbaugh has not taken reasonable and appropriate measures to remedy the situation, the City shall have the right to assess those penalties contemplated in Section 19. This paragraph shall not apply to those waste containers provided by Deffenbaugh fi-ee of charge or without cost to the residents. 4 (e) Deffenbaugh shall not commingle Solid Vdaste collected within the Collection Area pursuant to this Agreement in its trucks or equipment with any Hazardous Waste. (f) Deffenbaugh shall not commingle Recyclable Items collected within the Collection Area pursuant to this Abn-eement in its trucks or equipment with any Solid Waste, Hazardous V~~aste, or other collected garbage or refuse. (g) Deffenbaugh shall provide written directions and information to all residents regarding the Services, including the schedule for collection and any applicable rules or regulations for collection. (h) Should a resident set out for collection any item or package of items not contemplated for collection under this Agreement or which is otherwise unsuitable for loading, Deffenbaugh shall notify the resident of such violation by tagging the unsuitable items with written information explaining the nonconformance. Deffenbaugh shall create, print, and replenish its supply of such tags at no cost to the City. (i) Deffenbaugh shall dispose of all Solid Waste in accordance with the requirements of Chapter 260 of the Missouri Revised Statutes, as amended, and any applicable implementing regulation and applicable federal or local statutes, regulations or ordinances. 10. Special Services. (a) From time to time, the City may request in writing that Deffenbaugh vary its normal route and schedule of collection due to special events or emergency conditions. Emergency conditions shall occur in the event of hurricane, tornado, major storm, natural disaster or other such event, the occurrence of which shall allow the City to request Deffenbaugh to provide additional Services to aid and assist the City in cleanup after such event. Deffenbaugh shall be compensated for such additional assistance and may be granted a variance from its regular routes and schedules. Deffenbaugh will reasonably attempt to comply with the City's request, however, Deffenbaugh shall only be obligated to comply with any such request if Deffenbaugh is able to comply without undue hardship, and compliance is both reasonable and feasible. (b) Upon receiving a proper request from a City resident, Deffenbaugh shall schedule and complete a Special Pickup. A Special Pickup includes collection and disposal of certain items of Solid Waste which would not normally be collected upon completion of normal provision of the Sen~ices, including, but not limited to appliances, large furniture and construction materials. The fee or rate for such Special Pickup shall be established by Deffenbaugh and communicated to the City resident requesting such Special Pickup before such collection is made. The City resident, and not the City, shall be fully and solely liable for payment of such costs and fees. 5 11. Payment of I{ees. (a) In consideration of the full and complete performance of all provisions of this Agreement b}~ Deffenbaugh, the City agrees to pay Deffenbaugh compensation determined according to the following compensation schedule. Such compensation shall be paid monthly and within thirty (30) da}'s of the receipt of the invoice related to the mouth's Services. Service 2005 2006 2007 (City O tion) Residential Services 57.91 per Collection Point per month 5815 per Collection Point per month 58.J5 per Collection Point per month City Collection S1,030.00 for the year 51071.00 for the year 51,124.55 for the year i Services:* Recycling Services 52.35 per Collection Point per month $2.42 per Collection Point per month 52.50 per Collection Point per month * Does not include cost of City Collection Services provided for the Public Works building; terms of such collection described at Section 11(b) below. (b) For City Collection Services provided at the City's Public Works building, the City may determine to obtain any of the following open-top containers for on-call collection services for the service fees described below: (i) For a four yard container, $16.00 per haul; (ii) For a six yard container, $22.00 per haul; (iii) For an eight yard container, 524.00 per haul; and (iv) For a twenty yard container or a forty yard contail~er, 5185.00 per haul, provided that no such collection shall involve collection of over eight (8) tons. For each ton or portion of a ton over eight (8) tons, there shall be an additional fee of 526.00. 12. Collection Schedules. (a) Unless approved in advance in writing by the City Administrator, no collection shall be made on Sundays or on the following holidays: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day. If a regularly scheduled collection falls on one of the aforementioned holidays, that collection shall occur on the next business day. 6 (b) All collections shall be made between the hours of 7:00 a.m. and 7:00 p.m. and at no other time. (c) Should Deffenbaugh deternune to change or alter its Collection Schedule, Deffenbaugh shall first obtain the approval of the City Administrator and then, at no additional cost to City, provide written notice of such change to each resident having its collection services affected. Such notice shall be delivered not less than seven (7) days prior to the change in collection schedule. 13 l4 Hazardous R'aste. Deffenbaugh shall not be required to collect and dispose of Hazardous Waste, but may offer such services to residents through other agreements with such residents. Collection and disposal of Hazardous Waste is not a part of this Agreement, but if provided by Deffenbaugh, such collection and disposal shall be in strict compliance with all federal, state and local laws and regulations. The City shall not be considered the generator of any Hazardous Waste collected or disposed of by Deffenbaugh pursuant to this Paragraph. Insurance and Bonds. Deffenbaugh shall maintain the following insurance and perforniance bonds for all Services arising out of this Agreement. Unless otherwise specified in this Agreement, Deffenbaugh shall maintain such insurance as will protect Deffenbaugh for claims under Worker's Compensation acts, and protect it from claims for damaces because of bodily injury, including death and property damage, and claims made by any governmental agency or third person because of Kann to the environment, which may in any way arise out of or be in any manner remote to or any proximate mamrer coleeected with the performance of this Agreement, whether such claim arises out of the act or failure to act by Deffenbaugh, its employees, assigns, agents, subcontractors, or any other party for which it may be liable. This insurance shall be written in the kinds and minimum limits of liability specified below: Description of Property Limits of Liability Worker's Compensation Statutory Employer Liability $1,000,000.00 per employee Comprehensive General Liability including contractual: $1,000,000.00 per employee Bodily Injury $1,000,000.00 per injury Property Damage $ 500,000.00 per occurrence Comprehensive Automobile including owned and non-owned and hired vehicles: $1,000,000.00 per employee Bodily Injury $1,000,000.00 per injury Property Damage $ 500,000.00 per occurrence Performance Bond $ 20,000.00 7 Such insurance shall be maintained in force during the term of this Agreement Such insurance policies shall specifically name the City as an additionally insured party. Certificate(s) of Insurance shall be filed with the City evidencing that the policy or policies are in full force and effect and that the same will not be altered; amended or terminated without ten (l0) days prior written notice to the City. Deffenbaugh shall furnish the City with adequate evidence that Deffenbaugh has obtained and is maintaining in force Worker's Compensation insurance as prescribed by the law of the State of Missouri. 15. License. Before Deffenbaugh may begin the Services under this Agreement, Deffenbaugh shall provide evidence to the City of its ownership of all permits and licenses required by law or ordinance, including Missouri Revised Statute Chapter 360 and City Code § 22.085, which evidence shall be filed by Deffenbaugh with the City Administrator. Deffenbaugh shall be solely responsible for maintaining in full farce all applicable and required permits and licenses. 16. Additional Collection Points. Should new homes, dwelling, duplexes or other residences be constructed within the Collection Area, Deffenbaugh shall provide the Services to and be compensated for such new Collection Points. Deffenbaugh shall discontinue the Services at Collection Points which have been left vacant, but shall resume the Services when such vacant locations are once again occupied. Should the City aimex or incorporate new parcels of land, such area land shall become within the Collection Area, and thus, Deffenbaugh shall provide the Services thereto within thirty (30) days of receiving wi~tten notice of such addition from the City and Deffenbaugh shall be compensated for such Services. ] 7. Indemnification. Deffenbaugh shall defend, indemnify and hold harmless the City and any of its agencies, officials, officers, or employees from and against damages, liability, claims, fines, allocations, losses, costs, and expenses, including reasonable attorneys fees, arising out of or resulting from any act or omission of Deffenbaugh, its employees, agents, or subcontractors, or others for whom Deffenbaugh is legally liable, including violations of any federal, state or local statute, regulation or ordinance relating to the protection of the em~irornnent, in connection with the Services or any obligation of Deffenbaugh hereunder. Deffenbaugh shall immediately provide the Ciry, in accordance with Paragraph 23, with a copy of airy Complaint, Notice of Violation, demand, claim, inspection report, or similar document, alleging that Deffenbaugh is not in compliance with its obligations under this Agn~eement. 18. Office and City Liaison. Deffenbaugh shall maintain an office where complaints, requests for Special Pickup or other communications may be received from residents and officials of the City (the "Office"). The Office shall be equipped with sufficient telephones and have sufficient personnel on staff to respond to such communications. The Office shall be staffed during collection hours and shall be opened during normal business hours from 8:00 a.m. to 5:00 p.m. during the week. In addition, Deffenbaugh shall provide a telephone answering service to receive customer inquiries during those times when the Office is closed. Deffenbaugh shall notify the City in writing of its employee designated to be the liaison between Deffenbaugh and the City with regard to complaints 8 regarding the Services. All complaints received by the Off ce and/or the liaison shall be promptly investigated by Deffenbau~~h. 19. tinsatisfactorv Service. A penalty of eight dollars and ninety-five cents ($8.91) shall be assessed against Deffenbaugh for each Collection Point which is missed on any collection day, provided, however, that Deffenbaugh shall not be penalized for a missed Collection Point if collection is made within 24 hours of receiving notice of any missed Collection Point or such other reasonable period of time under the circumstances. Damages under this Section shall be deducted from any sums next payable to Deffenbaugh pursuant to Section l 1 of this Abn'eement. Deffenbaugh shall not be penalized under this Section, if such failure to collect shall be caused by fire, riot, civil commotion, acts of God, or any other unforeseeable happening or event. 20. Cancellation of Agreement. Upon fve (5) days advance written notice to Deffenbaugh, the City may cancel this Agreement upon the happening of any one of the following events, subject to DeffenbaugNs right to cure within five (5) business days of receipt of said notice: (a) Deffenbaugh has failed to provide the Services as scheduled and has failed and refused to do the same for any consecutive five (5) day period; upon such occurrence, the City may cancel this Agreement and execute against the Performance Bond subject to any notice period or requirement in the Perfom~ance Bond; or (b) Deffenbaugh has defaulted, in a manner other than that specifically described in Section 20(a) above, by failing or refusing to perform or observe the terms, conditions, or covenants in this Ao Bement and said default is not cured within thirty (30) days of receipt of written notice from the City, or if by reason of the nature of such default, the same cannot by remedied within thirty (30) days following receipt by Deffenbaugh of written notice from the City, Deffenbaugh fails to commence the remedy of such default within said thirty (30) days following such written notice or having so commenced shall fail thereafter to continue with diligence the curing thereof; or (c) Deffenbaugh has failed to pay any amounts due hereunder; or (d) Deffenbaugh consents to the appointment of a receiver, trustee, or liquidator of all or substantially all of its property; or (e) By order or decree of a court, Deffenbaugh shall be adjudged bankrupt or an order shall be made approving a petition filed by any of its creditors or by any of the stockholders of Deffenbaugh, seeking its reorganization or the readjushnent of its indebtedness under the Federal bankruptcy laws or under any law or statute of the United States or of any state thereof, provided that if any such judgment or order is stayed or vacated within sixty (60) days after the entry thereof, any notice of default shall be and become null, void, and of no effect; unless such stayed 9 judgment or order is reinstated in which case, said default shall be deemed immediate: or (f) By, or pursuant to, or under the authority of any legislative act, resolution or rule or any order or decree of any court or governmental board, agency, or officer having jurisdiction, a receiver, trustee, or liquidator shall take possession or control of all or substantially all of the property of Deffenbaugh, and such possession or control shall continue in effect for a period of sixty (60) days; or (g) The City determines, in its sole discretion, to terminate or cancel this Agreement according to the terms of the Agreement, provided that the City provides forty- five (45) days' written notice to Deffenbaugh of such determination prior to the end of any full calendar year of the Tenn, or provided that the City provides sixty (60) days' written notice to Deffenbaugh of such determination at any other time. 2l. Termination for Repetitive or Continuing Default. Notwithstanding the provisions of Sections 19 and 20 and as supplemental and additional means of termination of this Agreement under this Section, in the event that Deffenbaugh's record of performance shows that Deffenbaugh has frequently, regularly, or repetitively defaulted in the performance of any of the covenants and conditions required herein to be kept and performed by Deffenbaugh, in the opinion of the City and regardless of whether Deffenbaugh has corrected each individual condition of default, Deffenbaugh shall be deemed a "habitual violator", shall forfeit the right to any further notice or grace period to correct, and all of said defaults shall be considered cumulative and collectively shall constitute a condition of irredeemable default. The City shall thereupon issue Deffenbaugh a final written warning citing the circumstances therefor, and any single default by Deffenbaugh of whatever nature, subsequent to the occun-ence of the last of said cumulative defaults, shall be bnounds for immediate termination of this Agreement. In the event of any such subsequent default, the City may terminate this Agreement upon giving of written Final Notice to Deffenbaugh, such termination to be effective upon the date specified in such Final Notice and Deffenbaugh shall have no further rights hereunder, except the right to receive payment for services rendered through the effective date of termination less any penalty properly assessed under section 17. Deffenbaugh shall cease any further perfornlance under this Agreement upon the effective date of termination. 22. Effective Date of Cancellation or Termination. In the case of the occun•ence of the aforesaid events specified in Sections 19, 20 and 21 above and except as otherwise provided therein, termination shall be effective upon the date specified in the City's written notice to Deffenbaugh and upon said date this Agreement shall be deemed immediately terminated and upon such termination all liability of the City under this Agreement shall cease, and the City shall have the right to call the performance bond and shall be free to negotiate with other contractors for the operation of the herein specified services. Deffenbaugh, for failure to perform, shall reimburse the City all reasonable direct and indirect costs incur~ed by the City in providing interim Services. For all reasonable costs, charges, and damages incurred by the City, together with the reasonable costs of completing the work, Deffenbaugh and the surety shall be liable, and such costs 10 may be deducted fi-om any monies due or which may become due Deffenbaugh. In case the expense incurred by the City is less than the sum which is payable to Deffenbaugh under the Agreement through the last day worked, then Deffenbaugh will be entitled to receive the difference. In case such expense exceeds that sum, Deffenbaugh and its surety shall be liable and shall pay the City the amount of said excess. 23. Notice. Any notice, demand, communication, or request required or permitted hereunder shall be in writing, except where otherwise herein designated by telephone, and delivered in person or sent by certified, return receipt requested, via United States mail, or via facsimile transmission, as follows: If to City: City of Riverside 290 NW Vivion Road Riverside Missouri 64150 Attn: David Blackburn, City Administrator Phone: (816) 741-3993 Fax: (816) 746-8349 With a copy to: Matthew D. Kitzi, Esq. Armstrong Teasdale LLP 2545 Grand Boulevard, Suite 2000 Kansas City, Missouri 64108 Phone: (816) 221-3420 Fax: (816) 221-0786 If to Deffenbaugh: Deffenbaugh Industries, Inc. 18181 W. ~3`d Street Shawnee, KS 66217 Atha: Ronald D. Deffenbaugh, President Phone: (913)651-3300 Fax: (913)651-6447 With a co ~ to: George R. McGrew 18181 W. 53"i Street Shawnee, KS 66217 Phone: (913) 631-3300 Fax: (913)651-6447 Notices shall be effective when received at the address as specified above. Changes in the addresses to which notice is to be sent may be made from tune-to-time by written notice. Facsimile transmission is acceptable notice, effective when received; however, facsimile transmissions received (i.e., printed) after 4:30 p.m. or on weekends or holidays, will be deemed received on the next business day. The original items which arc h~ansmitted by facsimile equipment must also be mailed as required and provided by this Section. I1 24. Independence of Agreement. It is understood and ag*~~eed that nothing herein contained is intended or should be construed as in any way establishing the relationship of co- partners or a joint venture between the parties, or as constituting Deffenbaugh as an agent, representative or employee of the City for any purpose whatsoever. Deffenbaugh is to be, and shall remain at all times, an independent contractor with respect to all Services performed under this Agreement. 25. Non ~mployee Status. Persons employed by Deffenbaugh in the performance of services and ii.~nctions pursuant to this Agreement are not employees of the City and shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the City's off cers and employees either by operation of law or by the City. 26. Exclusiviri~. Deffenbaugh has the exclusive right to provide and be compensated for all of the Services described in this Agreement. 27. Waiver. The failure of the City at any time to require pcrfonnance by Deffenbaugh of any provision hereof shall in no way affect the right of the City thereafter to enforce same. No waiver shall be affective unless in writing. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 28. Laws to Govern. This Agn~eement shall be governed by the laws of the State of Missouri, the County of Platte, Missouri, and the City of Riverside, Missouri, both as to interpretation and performance. Any and all legal action necessary to enforce this Agn~eement will be held in Platte County, Missouri, and the Agreement will be interpreted according to the laws of the State of Missouri. 29. Compliance With Laws. Deffenbaugh shall conduct its operations and provide all Services under this Agreement in compliance with all applicable Federal, State and local laws, ordinances, orders and regulations. 30. ue~efoab amble by ancoart ofrocompetent jurisdictiotl, thellotbl e dprloaredonseshallvo d be affected but shall remain in full force and effect. 31. Title to Refuse. Title to Solid Waste collected as part of this Agreement shall pass to Deffenbaugh at the three of collection. 32. Assignment and Subletti~ Deffenbaugh shall make no assigmnent of this Agreement or any right or obligation occurring under this Agreement in whole or in part without the express written consent of the City. The City shall have full discretion to approve or deny, with or without cause, any proposed or actual assigmnent by Deffenbaugh, prop ided that approval shall not be unreasonably withheld. Any assignment of this Agreement made by Deffenbaugh without the express written consent of the City shall be null and void and shall be grounds for the City to declare a default of this Agreement and immediately terminate this Agreement by givhig written notice to Deffenbaugh, and upon the date of such notice this Agreement shall be deemed immediately terminated, and upon 12 ~3 such termination all liability of the City under this Agreement to Deffenbaugh shall cease. In the event of any assigrmlent approved in writing by the City, the assignee shall fully assume all such liabilities of Deffenbaugh specified in such approved assignment. Subcontractors will be recognized and dealt with only as workers and representatives of Deffenbaugh and as such shall be subject to the same requirements as set forth in this A~*reement. Modification. This Agreement constitutes the entire Agreement and understanding between the parties, and it shall not be considered modified, altered, changed or amended in any respect unless in writing and si:u~ed by the parties, except as othet-wise provided in this Section 33. The City shall have the right to modify the Services provided, in accordance with the alternate schedule for Services provided Deffenbaugh's bid, attached hereto as Exhibit C, upon sixty (60) days' prior written notice at any time, or upon forty- five (45) days' written notice prior to the end of any calendar year of the Term. IN WITNESS WI-IEREOF, Deffenbaugh has caused this Agreement to be executed by its duly authorized officers, and the City, acting by and through its Board of Aldermen, has authorized this Agreement to be executed the day and year first written above. CITY OF RIVERSIDE ~~.~ ,~~ MAYOR j n L~ ~ .~~r r:~ ! , i ~ CITY CLERK DEFFENBAUGH INDUSTRIES, INC. ,. y ~ /~~~ o ~. l3 EhHIBIT A Numbcr of Collection Points 14 EXHIBIT B 2. 3. 4. 5. City Hall Public Works Building Public Safety Building Community Center City Union Hall City' Buildings four cubic yard container four cubic yard container four cubic yard container four cubic yard container four cubic yard container 15 EXHIBIT C Deffenbauah Bid 16 _ - - '~ ~fJl ~A-\O~~V ~l_~ ~ Vl~~-~1 RESIDE~TII~L S~~~ITATIO'~ COLLECTIO~~ CIS' Ok~ R~~RSII~E, ~~zI~SOLT~ BID RETLR'~i: The undersiened hereby submi+s the ~oIlowino bid to fi:,mish ~,e Citi~ ei lZive:~ide with residen±ial sar~iratior.ollwtion and disposal: 1. Collection zrom City Facilities Express as a*inual lump sum: Ciry Buildings ~zpress As °er Hau] Char se: Public Works Building (40 YD) Optimal ~00~ 2006 Z00. $185.00 $185.00 $185.001$°6:008a_`~er (4 YD) S ~~. n n ~: ~ F. n 0 C~---1--0 0 (6Yp) $22.00 522.00 522.00 (8~) $24.00 524..00 $24.00 (~OYD) $185.00 $185.00 S185.00 (up to 8 tons $26.00 attar 2. A. Curbside pickup: _ _ _ Monthly cost per Home: $ 7.91 S 3..15 S 8 . 5 5 1 X week B. Curbside recycling: Monthly cost per home: S 2 3 5 s ~ , q ~ ~~ 1 X R%esk . 3. Bulky item pickup: Monthly cost per household: 5 0 9 ~ ~i n ~ 1 X Week 1 X Month ~~' 2' S 0 - --- - s~ r n n ~- 00 5 Per CaII $8.00 58.00 8. 4. Alternative Options that the contractor would like to propose n additio n to or in lieu of base proposals. (On Separate sheet): °~'~7te City of Riverside will be billed for all contracted services" '~~ ~, ~~~~ 1i/~5/2064 10:32 745R3~9 C~TY_HULL PQ~E ~~ 3.0 GENERAL CO_~VDI?IONS OF $IDDING 1, The hauler certifies by this bid that it can begin to pro~nde service on or before January 1, 2005, and to continue to do so for the lift of the contract 2. A Bid Bond of $1,060 or Cashier Check in the same amount shall accompany all bids. Withdrawal of any bid or failure to execute a contract within ten (10) days of contract award shall be grounds for forfeiture of said bond. 3 4. 5. 6 7 The successful bidder shall provide the City with a Performance Bond iii the amount of 520,000. In the event that the hauler fails to collect garbage and refuge for any consecutive five (5) day period, the City shall have the immediate right to terminate the contract without notice to the hauler and the City is authorized to execute against the Performance Bond and any notice period within said bond is waived. The successful bidder must provide insurance coverages listed below anal must include the City of Riverside as an additional names insured: Covera~ Minirnuui Amounts Employer's Liability Comprehensive Auto Liability Bodily Injury Property Damage Comprehensive General Liability Bodily Injury Property Damage $1,000,000 each person $1,000,000 each person $1,000,000 each person $500,000 each accident 51,000,000 each person $1,000,000 each person $500,000 each aggregate Workmen's Compensation Per State of Missouri Law A specimen of the hauler's standard 'insurance certificate must accompany the bid. A Certificate of Insurance must be filed with the City in conjunction at the time of execution of the contract. A copy of the insurance policy must be provided to the City. Bidders shall provide bank references. Bidders shall provide a list of all other cities for which services have been provided during the past five (5) years, showing the years for which services were provided. SEE ATTACHED Bidders shall submit as a part of the bid the make, model, gross vehicle weight, axle design and loaded capacity for all vehicles pzoposed to be used in fulfilling this contract. All vehicles must have covered bodies, be leak proof and not allow blowing or scattering of debris. 2001 Mack 60,000 lbs 3 axle 30 yards itiesi?©oa i6: a2 ~~6~3a~ czr~~_~HQ~~ -ae~ aG 3. Bidders shall submit a comprehensive list o£ all landfills and recycling centers to be utilized and any provisional plans in the event such landfills shall be closed. Rl] landfills used by haulers must be approved and/or permitted by the applicable Federal, State and local authorities. SEE ATTACHED 9. The successful bidder shall not be allowed to sublet or assign this contract or may portion thereof without the written consent and approval of the City. 10. It is the City's intention to enter into a two (2) year with an optional third year contract with the successful bidder commencing January 1, 2005. Said contract shall benon-exclusive. The City will be billed directly for contracted services. 11. The City shall have the right with forty-five days (4~) written notice, prior to any anniversary date or with sixty (60) days written notice to cancel this contract and/or modify the level of service in accordance with the amount bid for alternate (Section2.0;5) levels of ser~7ce. 12. The contract shall at all times comply with all City ozdinanccs, solid Waste Standards of the State of Ylissouri, and any or all rules and regulations promulgated there under. 13. At the time of preparation of these specifications; the City estimates it has 410 homes subject to the contract. It is the intent of the City that services shall be extended to all new homes and commercial establishments constructed and occupied. 14. Contractor shall notify the Ciry in writing of a responsible representative who shall report to City Hall to receive any and all complaints regarding service. The contractor shall promptly investigate all complaints and shall arrange for collection of any missed collections within twenty-four (24) hours of their scheduled collection. 15. Contractor shall be responsible for printing and distribution of any information to all households indicating the schedule and rules for collection under the contract. 16. Contractor shall indicate the routes (areas to be covered) and days that each area will be picked up on the attached City map. 4.0 BID SPECIFICATIONS It is the intention of the City to enter into a two (2) year non-exclusive contract with an optional third year beg~ruung January 1, 2005. The hauler shall have the responsibility to collect, haul. and dispose of all garbage, rubbish, and other waste generated from residential structures in the City at such collection points and in such frequencies as designated by the City in the contract. ~a;,~ ~ _1;~5/2~JE14 15:32 ?45E3-.9 ~iTY_H U~ 2. No collections shall be made prior to 7:00 a,m. oz after 7:00 p.zn. or on Sundays, except by expressed authorization of the Ciry Administrator. Refuse collectors shall perform their duties in a quiet, orderly and sanitary manner. After emptying containers, lids shall be placed back on the cans. In the ;zse of spillage during collection the refuse collector shall clean up the spillage and restore the premises to clean and sanitazy conditions. 3. Bidders must provide a listing of all holidays observed by the hauler, along with a proposal for an alternate schedule for collection so that each household zeceives the prescribed number of pickups for the week provided by contract. SEE ATTACHED LIST 4. COLLECTION FROM CITX IiACILIT'IES Contractor is requested to bid on a lump-sum basis (Payable in twelve (12) monthly amounts) fox the following collections from City facilities: a) Contractor shall be required to provide suitable containers at public buildings and to empty those containers no less often than one time per week. Containers shall be provided at City Hall/Public Safety, anal the Community Center. Container size shall be sufficient to handle a week's worth of waste at each location. b) Contractor shall be required to provide suitable containers at Public Works and empty those containers upon request from City officials. c) Contractor shall be required to pxovide suitable containers upon request from City officials to all City Parks and empty those -- containers. 5. A. Residenttal Curbside: The contractor shall be responsible for collection and disposal of all household trash within the City. The City currently provides this service on a once per-week curbside basis. B. Curbside Recycling: Contractor shall provide to all homes in the City curbside collection of recyclables once per week. Recyclables shall be placed at the curb by the resident on an unsorted basis in a single container or containers. The City will request recycling to be placed in City provided suitable containers, which are lightweight and all weather in construction. Containers shall have a voltvne capacity of 20 to 30 gallons. ~r_e rii "_:.si_.~s _...:_'lo`N~. 's -. ;cia~,..__~:~'.als: .. tiewsnauer ?. Comi,at~ ~~~dboard bo:ces 3. P;?stic hordes (soda, mtlk etc.) 4. Tinisteel~^s f. ,~lur-tin~~ can:, soda be°L, etc.) It shall be breech of"contact for the hauler to dispose of any recyclable item collected in the recycling aroQ;am in a sanitary landnll. The hauler shall reooct no less u'tan quarterly to tie Ciry the volume of recyclables ~.oliected w~'~11Il Riverside, which has been -ken out of the solid w~~e stream. Resident pancipadon in the Curbside Recycling F?o~--am shall be considered voluntary. Contractor shall detail, as a part of the proposal, the method to be used for residents to par`scipate in the pro¢ram. Contractor is asked to bid :his item on a household unit basis per north. 6. BL`I.It`~( ITEM PICKUP: (Request of Household Basis) The contractor shall provide for collection of bulky items at he an'b on a wkly basis and is intended to include any and all types o ~ trash which will not lit into iZesidential trash rec..-ptacles, provided that such items can be caned to the curb by (1) person and do not exceed seventy five pounds (751bs). Bulky trash shall include, but not limited to; such it.°ms as household fumi~sre and equipment rocks and intact root balls. Bulky items shall not include construction matetc~ials auto parts tires or batteries or household aapliances. However, nothing herein shall preclude the contractor -`" from collection off such times on request of a homeowner on afee-for-service basis arrranged outside ties contract. Contractor is asked to bid this service on a per household basis expressed in a monthly cost per household. I IL` .~`,~~iCf-`illlr~-~~V ~~\~ i I I U i lJf i-~t-ilJi it I ~i~ I ~i AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Deffenbaugh Industries, Inc. 18181 West 53rd Street, Shawnee, KS 66217 as Principal, hereinafter called the Principal, and Quanta Indemnity Company 10 Rockefeller Plaza, 3rd Floor, New York, NY 10020 Surety Phone No. 212-373-1800 a corporation duly organized under the laws of the State of CO as Surety, hereinafter called the Surety, are held and firmly bound unto City of Riverside, Missouri -Attn: City Clerk Riverside City Hall, 2950 NW Vivion Road, Riverside, MO 64150 as Obligee, hereinafter called the Obligee, in the sum of One Thousand Dollars and 00/100 Dollars ($ ~1 000 00 ), for the payment of which sum well and truly to be made, the said Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Sanitation Bid, Riverside, Missouri NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 19th day of November -~~ (Witness) ~\, / \ y `~ 1. (Wttn ss) Rosanna R. Dabler 2004 Deffenbaugh Industries Inc (Principal) (Seal) sA'~~~%~ Quanta Indemnity Company (Surety) (Seal) ~ / Barbara Talty (Title) ,Attorney-in-Fact CONFORMS WITH AIA DOCUMENT A310 • BID BOND •AIA' • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 ~ ILEF~FE~ ~ AUlUG.~~ 1 N D U S T R I E S Dear Customer, This year we will observe the following holidays this year; New Year's Day Martin Luther King President's Day Memorial Day lndependence Day Veteran's Day Labor Day Thanksgiving Day January 1, 2004 January 20, 2004 February 16,2004 May 31, 2004 .luly 4, 2004 November 11, 2004 September 6, 2004 November 25, 2004 Thursday Monday Tuesday Monday Sunday Thursday Monday Thursday Should one of these holidays fall on or before your normal pickup day, waste will be picked up one day late that week. Thank you for choosing Deffenbaugh Disposal Service. If you have any questions, please call our office at 631-3300. 913) 631-3300 18181 W. 53rd Street P.O. Box 3220 ~g00-631-3301 Shawnee, Kansas 66217 Shawnee, Kansas 66203 [{[4. Y IMPORTANT DISCLOSURE NOTICE REGARDING TERRORISM RISK INSURANCE ACT OF 2002 Under the provisions of the Terrorism Risk Insurance Act of 2002 ("The Act"), we are providing this disclosure notice for bonds for which a subsidiary of Quanta U.S. Holdings, Inc. is the surety. You are hereby notified that any losses caused by a certified act of terrorism as derined by The Act may be partially reimbursed by the Federal Government under a formula established by The Act. The term "certified act of terrorism" means any act certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States Mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or influence the policy or affect the conduct of the Federal Government by coercion. The formula established by The Act requires the Federal Government to pay 90 ~6 of losses arising from certified acts of terrorism that exceed the statutorily established deductible to be paid by the surety. Acts of terrorism are not excluded r"rom any surety bonds issued on your behalf and your premium charge for terrorism coverage is X0.00. This is a notice regarding your terrorism coverage which should be used for informational purposes only. Please refer to the bond form for the terms and conditions regarding your terrorism coverage. Form Number SUR 10001 (Ed. 4/04) ~lI «T_~1tiDE~1`~IT~1LQ-~rn~~~ ~- [ ~n~ncrlc ` .[ionn; F _ - .:-ion S_~n sari wran ,.~pcn~. ~+e~~ l~o-k Cin. Aew 1 ork l0~?0 POy~ ER OF AT'fO>1NE1 hSO«~ ALL PERSONS BY THESE YRE:SEN'TS: that Quanta inderrnzin' Companp~ ~formerl~~ National Farmers Gnion Standard hisurance Company], a Colorado corporation. (hereinafter the "Company"), does hereby constitute and appoint: Barbara Talty of 9~tission, Kansas to be its nue and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, seal. and execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar nature issued in the course of its business up to a penal sum not to exceed FIFTI''vIILLION AND OOi ] 00 DOLLARS (550.000.000.001 each, and to bind the Company thereby as fully and to the same extent as if the same were signed by the dul~~ authorized officers of the Compan} This appointment is made under and executed pursuant to and by authority of the following By-law, which By-law is now in full force and effect: ARTICLE XVIII- EXECUTION OF POLICIES, BONDS, ETC Section 2. All bonds, undertakings, contracts, and other instruments, other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Deputy Chairman, if any, or the President or a Vice President, jointly with the. Secretary or an Assistant Secretary, under their respecrive designations, except that any one or more officers or attorneys-in-fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Deputy Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved. printed or lithographed. The signature of each of the following officers: Chairman, Deputy Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relatine thereto appointing Assistant Secretaries or attorneys- in-fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the name thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WIT;v'ESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Quanta Indemnity Company [formerly National Farmers Union Standard Insurance Company] has been affixed thereto in New York City, New York this 26`s day of March, 2004. Quanta Indemnity Company [formerly National Farmers Union Standard Insurance Company] By Waldo Decreus, Assistant Secretary 3003 T u~**~ 07/27/04 ACORD,~ CERTIFICATE OF LIABILITY INSURANCE DATEIMM/°DM/VY, PRODUCER i-e16-421-77se THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION -:rthur J. Gallagher & Co. - Raneas City ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ~46 Grand Hlvd. , Suite 800 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ransas City, MO 54108 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A-..American Alt Ins Corp 19720 Def fenbaugh Indua tries, Inc. INSURER BDiscover Prop & Cas Ins Co 36463 18181 W. 53rd Street INSURER C: Fidelity & Guaranty Ins Co 35386 Shawnee, RS 66217 INSURER D: INSURER B I.UV tIWL~CJ STED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POL ICY PERIOD INDICATED. NOTWITHSTANDING THE POLICIES OF INSURANCE LI ONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WH ICH THIS CERTIFICATE MAY 9E ISSUED OR ANY REQUIREMENT, TERM OR C IN IS SUBJECT TO ALL THE TER H R EXCWSIONS AND CONDITIONS OF SUCH MS E E MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED , POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BV PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION INSR ADD'L LIMIT S POLICY NUMBER c D002L00150 08/01/04 08/01/05 EACH OCCURRENCE $1,000,000 H GENERAL LIABILITY OAMAGE'O RENTED $ Excluded X COMMERCIAL GENERAL LIABILITY oREMISES IEa occurenceJ CLAIMS MADE X OCCUR ME`J EXP (Any one persanl SEXC lllded PERSONALSADV INJURY 5 1,000,000 GENERAL AGGREGATE 82,000,000 PRODUCTS-COMPIOP AGG $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO LOC B AUTOMOBILE LIABILITY D002A00313 OH/01/04 OB/O1/OS COMBINED SINGLE LIMIT 52,000,000 i Ea accmanil X 4NV AUTO ALL OW NED AUTOS BODILY INJURY g (Per Rorsonl scHECULED AUros HIRED AUTOS BODILY INJURY $ .Per acc'.oenll NON-OwNEDAUTOS ~ROPERb DAMAGE g iPer acclanntl AUTO ONLY-EA ACCIDE NT S GARAGE LIABILITY EA ACC $ ANV AUTO OTHER THAN AUTO ONLY. AGG g OlA2IIM0000510-02 08/01/04 08/01/05 EACH OCCURRENCE 510,000,000 A ExcESS/UMBRELLA UaewTy AGGREGATE g 10,000,000 X OCCUR CLAIMS MADE 4 g DEDUCTIBLE X BETE NTION g 10, 000 $ D D002W00344 08/01/04 08/01/05 C X WC STATU- OFH- TORY LIMITS R WORKERS COMPENSATION AN 000 1 000 EMPLOYERS'UABIUTV E. L. EACH ACCIDENT g , , ANY PROPRIETORIPARTNER/E%ECUTIVE INCL DISEASE-EA EMPLOYEE EL 51,000,000 OFFICER/MEMBER EXCWDED4 E%CL. . If yes. describe under E.L. CISEASE-POLICY LIMIT 51,000,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS (LOCATIONS (VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROV ISIONS CERTIFICATE HOLDER ~'^"~°"^""^ SHOULD ANY OF THE ABOVE DESCRIBED POUCIE9 BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 ppyg WRITTEN City of Rivezeide NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL C1ty Clerk IMPOSE NO OBLIGATION OR LIABILITY OF ANV KIND UPON THE INSURER, ITS AGEN73 OR ~~'950 N.W. Vivion Road i REPRESENTATNES. R1Verelde, MO 641$0 AUTHORIZED REPRESENTATNE ~ I / ~ ^ ACORD 25 (2001/08) 1ulalae ©ACORD CORPORATION 1988 2001062 Powered ByCertlflcatesNow'"I DEFFENBAUGH INDUSTRIES, INC. 18181 W. 53~Z`' Street Shawnee, Kansas 66217 (913)631-3300 CREDIT REFERENCES Ronald D. Deffenbaugh, President F.E.1.N.: 43-1029944 DUNS NO.: 073027609 Financial Institution: Bank of America (816)979-7921 1200 Main Street Fax(816)979-7561 Kansas City, MO 64105 Contact: Mr. Tom Mahoney Vendor Information: Midway Ford Truck Center (816) 455-3000 7601 N.E. 38~" Street Fax (816)455-2553 Kansas City, MO 64161 Contact: Tom Wolfe Dean Machinery Co. (816) 753-5300 P.O. Box 410203 Fax (816)455-2553 Kansas City, MO 64141-0203 Contact: David Carpenter Oliver Rubber Company (800) 537-6726 P.O.Box 91689 Fax(419)-424-7352 Chicago, IL 60693 Contact: Amy Johnston Midwest Kenworth (816) 483-7035 P.O. Box 415046 Fax (816) 483-4391 Kansas City, MO 64141 Contact: Kelly Neath X 265