HomeMy WebLinkAbout6.o. 2004 Contract Agreement for Solid Waste and Recycling ServicesCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: April 20, 2004
AGENDA ITEM:
2004 Contract Agreement for Solid
Waste and Recycling Services
AGENDA SECTION:
Consent
PREPARED BY:
Dan Schultz, Parks & Recreation Director
AGEN
ATTACHMENTS:
Highland Sanitation and Recycling Price
Proposal, 2004 Contract
APPROVED BY:
RECOMMENDED ACTION: Motion to Approve Contract with Highland Sanitation and
Recycling, Inc. for 2004
ACTION:
ISSUE
This annual contract is for the purpose of providing Solid Waste and Recycling services to
City Hall, Community Center, Fire Station, Public Works Facility and to City parks. The
agreement provides the City with weekly service collections at the designated locations
outlined in the contract document. Collections are conducted weekly or as necessary to
maintain clean and waste free sites. This agreement is renewed annually based on the
performance of the service provided for the prior year.
BACKGROUND
Highland Sanitation and Recycling Inc. has provided this service to the City of Rosemount for
the last several years. There have been very few problems with the service Highland
Sanitation has provided. Their fee, while adjusted for 2004, still remains lower than bids
received from other haulers for this service the last time it was bid in 2002. The City
Attorney has reviewed the terms of this contract.
SUMMARY
Staff recommends renewing the contract for the City of Rosemount's Solid Waste Disposal
and Recycling Collection with Highland Sanitation and Recycling, Inc. from May 1, 2004 to
April 30, 2005.
L \TOM \Solid Waste, Recycling, and Clean up \2004 Exec Sum - Awarding Highland Sanitation -
MAR -17 72004 10:45 FROM:
T0:3226080 P.1
March 17, 2004
To: Tom Shuster
RE: City of Rosemount Contract
Description: Qty.
Current Amount:
Proposed Amount:
8 Yd. Cont. 2 x Week (3)
$209.40 ea. _ $628.20 * /mo.
$215.68 ea. = $647.04 * /mo.
6 Yd. Cont. 1 x Week (1)
94.02 * /mo.
96.84 * /mo.
3 Yd. Cont. 1 x Week (1)
47.47 * /mo.
48.89 * /mo.
1 -1 /2 Yd. Cont. 1 x Week (1)
34.19 * /mo.
35.22 * /mo.
60 Gal. Carts 1 x Week (6)
3.42 ea. = 20.52 * /mo.
3.52 ea. = 21.12 * /mo.
90 Gal. Carts I x Week (17)
6.53 ea. = 111.01 * /mo.
6.73 ea. = 114.41 * /mo.
90 Gal. Carts 1 x Week
247.50 * /mo.
254.93 * /mo.
Recycle Service 1 x Week (14)
5.00 ea. - 70.00 /mo.
5.15 ea. = 72.10 /mo.
Monthly Total
$1,252.91
$1,290.55
*State Waste Tax
201.09
207.14
Monthly Total with Tax
$1,454.00
$1,497.69
The proposed amount includes an increase of 3 % for the new contract year. If you have any questions,
please call me at 651- 437 -0001.
Thank You!!
Susan Stewart
Highland Sanitation & Recycling Inc.
-
20700 Donnelly Ave.
Farmington MN 55024
CITY OF ROSEMOUNT — HIGHLAND SANITATION AND RECYCLING, INC.
AGREEMENT FOR COLLECTION AND DISPOSAL OF REFUSE AND RECYCLABLES
THIS AGREEMENT is made this 20` day of April of 2004, by and between THE CITY OF
ROSEMOUNT, Minnesota, a statutory city and municipal corporation under the laws of Minnesota
(the "City ") and Highland Sanitation and Recycling, Inc. (the "Contractor ").
The City and Contractor agree as follows:
1. Term of Agreement
This agreement will be in full force and effect for the period beginning May 1, 2004, and ending
April 30, 2005.
2. Definitions
For purpose of this Contract, the following terms shall have the following meanings:
A. Collection Service. Collections Service means the picking up of all Refuse and Recyclables
at the Designated Sites.
B. Designated Sites. Designated Sites means the locations from which the Contractor will
collect Refuse and Recyclables pursuant to this Agreement. The Designated Sites are listed
on Exhibit A to this Agreement.
C. Recyclables. Recyclables means newsprint, unsorted glass (food and beverage containers),
unsorted aluminum, steel, "tin" cans (food and beverage containers), bottle -grade plastic
containers, batteries, "office" paper, Tyvek -type paper, and other materials as mutually
agreed upon by the City and the Contractor.
D. Refuse. Refuse means all solid waste other than Recyclables.
3. General Description of Services
The contractor will provide Collection Services to all Designated Sites.
4. Containers
The Contractor will provide adequate containers, approved by the City, for the disposal and
storage of Refuse and Recyclables at Designated Sites pending collection by the Contractor.
5. Frequency
The Contractor will provide Collection Services of each Designated Site at the frequencies
shown on Exhibit A.
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6. Additional Collection Services
Upon request by the City, the Contractor will provide Collection Services at the Designated
Sties more often than at the frequencies shown on Exhibit A. The Contractor will be
compensated for these additional Collection Services at the rate of $20.00 for each additional K-
Cart picked up.
7. Administration
The Contractor shall maintain an office equipped with telephones and staffed with sufficient
personnel to handle complaints and/or to receive instructions. The Contractor will keep
complete and accurate records in accordance with generally accepted accounting practices and
shall make available for inspection by the City, at any reasonable time within the term of the
Agreement plus six months after the termination of the Contract, any and all such records
pertinent to all services provided under this Contract.
8. Price and Terms of Payment for Work Performed Under This Contract
A. Price. The City will pay to the Contractor $17,972.28 payable in monthly installations for
the Contractor's performance of the Collection Services.
B. Terms. The Contractor will invoice the City monthly for the amount due for the
Contractor's performance of the Collection Services. The City will make payment to the
Contractor within thirty (30) days of receipt of the invoice submitted by the Contractor.
Invoices submitted for payment by the City will be for work completed under this Contract.
No payment will be made to the Contractor in advance for any work to be performed as part
of this Contract.
9. Insurance
A. Liability Insurance. The Contractor will keep all trucks and motor vehicles used in the
performance of this Agreement insured with a minimum public liability insurance of
$500,000 for any one person; $1,000,000 for any one accident; $500,000 for property
damage, together with Contractor's public liability insurance of $500,000 for any one
person, $1,000,000 for any one accident; and property damage of $300,000. Certificates of
Insurance shall be provided to the City by the Contractor.
(1) The policy must be a standard form policy provided for by a carrier approved by the
State of Minnesota and shall not contain any exclusions that will restrict coverage on
any operations performed by the Contractor or any subcontractors thereof.
(2) The policy must fully provide insurance to cover all of the Contractor's operating
exposures including the picking up of the Recyclables and the operation of vehicles.
(3) Approval of the insurance by the City will not in any way relieve or decrease the
liability of the Contractor hereunder, and it is expressly understood that the City does
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not in any way represent that the above specified insurance or limits of liability are
sufficient or adequate to protect the Contractor's interest or liabilities.
(4) The City must be named as an additional insured in these policies for coverage
needed only for work as specified in this Contract, and the policies must provide that
the coverage may not be terminated or changed by the insurer except upon 30 days
written notice to the City.
B. Workers' Compensation Insurance. The Contractor will at all times keep fully insured, at its
own expense, all persons employed by it in connection with the performance of this
Agreement as required by the laws of the State of Minnesota relating to Workers'
Compensation Insurance and will hold the City free and harmless from all liability from any
cause that may arise by reason of injuries to any employee of the Contractor or its agents
who may be injured while performing work or labor necessary to carry out the provisions of
this Contract. The Contractor will supply to the City proof of coverage.
C. Property Insurance. All responsibility for maintaining property insurance on any premises
or structures owned or operated by the Contractor remains solely with the Contractor, which
may at its option insure against any other perils, and such responsibility will remain with the
Contractor until such time as this Agreement is terminated.
D. Nothing in this Agreement will be construed to waive any limitation of liability to which the
City is entitled.
10. Performance of Contract
A. Supply Necessary Items. The Contractor will supply all labor, material, and equipment
necessary for the carrying out of this contract.
B. No Claims. The Contractor will pay all persons doing work or furnishing skill, tools,
machinery, materials, insurance premiums, equipment, or supplies in and about the
performance of this Contract.
C. Indemnification. The Contractor agrees to take all precautions to protect the public against
injury and to save the City harmless from all damages and claims of damages to persons or
property that may arise from the performance of this Agreement by the Contractor, its
agents, or employees, and will indemnify the City against all claims for liens, for work,
tools, machinery, materials, or insurance premiums or equipment or supplies, and against all
loss by reason of the failure of the Contractor in any respect to fully perform all obligations
of this Contract.
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11. Contractor's Operations
A. Missed Collections. Whenever the City notifies the Contractor of Designated Sites that have
not received scheduled Collection Services, the Contractor will service such Designated
Sites before 6:00 p.m. of the same day when notified prior to noon. When notified after
noon, the Contractor will service such Designated Sites not later than 10:00 a.m. of the
following day. The Contractor's failure to comply with the terms of this Section will be
cause for the City to deduct from its next payment to the Contractor the amount that would
otherwise be due for the collection that was not timely performed. In addition, the City shall
deduct $25 per occurrence from the next payment to the Contractor for each time a
collection is missed at a Designated Site.
B. Site Collection The Contractor must use the appropriate collection method at each
designated location to avoid impacts to City or private property. The Contractor will be
responsible for any damage to turf, irrigation systems, signs, equipment, or any park or
public feature arising from the collection of Recyclables or Refuse from City parks or
buildings. The City's Solid Waste Coordinator must approve collection methods. Large
vehicles are not allowed on turf areas or on paths intended for foot traffic only. Large
vehicles must remain on streets, driveways, and designated parking areas. Collection of
refuse from containers at great distances from the driveway or parking area must be done on
foot or in vehicles no larger than a one ton dump or pickup truck. The Contractor must
contact the Solid Waste Coordinator prior to the scheduled time of collection in the event
that the appropriate collection method is unavailable. Any changes to the collection method
must be made in writing and approved by the City.
C. Handling of Containers. The Contractor's employees will handle all the containers used for
the storage and collection of Refuse and Recyclables at Designated Sites with reasonable
care to avoid damage, will replace all containers in an upright position in an easily
accessible location, and will immediately clean up and dispose of any contents which may
be spilled.
D. Disposal of Refuse. As one of the material terms of this Agreement, the Contractor agrees
that all Refuse will be disposed of at a licensed disposal facility such as the Northern States
Power Resource Recovery facility in Newport, Minnesota. The Contractor shall acquire, in
writing, the City's approval for use of any location other than the Newport site for disposal
of Refuse.
12. Filing of Roprts
A. The contractor will provide to the City receipt of the total weight of Recyclables collected,
including a statement of verification that the scale receipts reflect Recyclables only collected
at the Designated Sites for the particular quarter in which payment under this Agreement is
being requested. A copy of each weight ticket must be included as part of the billing sent to
the city each quarter. The Contractor will also include a report of the total tons of
Recyclables collected and the percentage of the total that each type of recyclable material
represents. The City may require other reports it reasonably deems necessary. All such
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reports must be in a form acceptable to the City. The Contractor will comply with all
reporting requirements mandated by Dakota County.
B. The Contractor will list on each invoice the size of the containers emptied at each
Designated Site during the period for which the invoice applies.
C. The Contractor will provide to the City receipt of the total weight of Refuse collected and
delivered to a licensed disposal facility such as Northern States Power Resource Recovery
facility in Newport, Minnesota. This receipt will include a statement of verification that the
scale receipts reflect Refuse collected at the Designated Sites for the particular quarter in
which payment under this Agreement is being requested. A copy of each weight ticket must
be included as part of the billing sent to the City each quarter. The Contractor will comply
with all reporting requirements mandated by Dakota County and by the disposal facility.
13. Correction of Deficiencies in Agreement of Performance
A. Failure to Conform to Agreement Provisions. Failure of the Contractor to conform to the
provisions of this Agreement (other than missed collections which must be addressed no
later than 10:00 am the following day as described in section 11 of this agreement) may
result in the filing of compensatory claims by the City against the Contractor.
B. Written Notice. Prior to the claim, the City will give written notice delivered by hand or
certified mail to the Contractor detailing all deficiencies in the Contractor's performance
under this Agreement.
C. Correction of Deficiencies. Upon receipt of said notice and claim, the Contractor will be
allowed 72 hours to provide the City written assurance of the intent to meet the provisions of
this Agreement, including a work plan describing the completion of the deficiencies as
outlined by the City.
D. Failure to Correct Listed Deficiencies. Upon failure of the Contractor to correct the listed
deficiencies upon the next scheduled collection and the elapse of the referenced 72 -hour
time period, the City may terminate the Contract, and the Contractor will be held liable for
the total cost incurred in completion or correction of the work, including contract and
administrative costs and attorney fees.
14. Equipment
A. Vehicles. The Contractor will make all collections of Recyclables in watertight receptacles
having tight fitting lids or tarps,
B. Cleaning All vehicles must be kept in a clean and sanitary condition.
C. Maintenance. The trucks must be maintained in good working order, equipped to meet all
federal, state, and municipal regulations concerning vehicles used on public roads and
maintained to meet these standards.
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(8) Consumption of any beverages containing alcohol is forbidden during or before work
hours of any collection day.
16. Safety
The Contractor will provide and maintain all sanitary and safety accommodations for the use
and protection of its employees as may be necessary to provide for their health and welfare, and
comply with federal, state, and local codes and regulations, as well as those of other bodies and
tribunals having jurisdiction. Without limitation of the foregoing, the Contractor assumes all
responsibility for compliance with any applicable federal or state laws pertaining to drug or
alcohol testing of drivers and collectors.
17. Subcontractors
A. The Contractor will inform the City in writing of the use of all subcontractors prior to their
involvement. ,
B. The City reserves the right to reject the use of any proposed subcontractor at any time during
the terms of the Agreement without affecting the Agreement cost.
18. Marketing of f Recvclables
A. Contractor Responsibility. The Contractor is responsible for the processing, distribution,
and marketing of Recyclables.
B. Prohibition Against Landfillin of f Recvclables. It will be a violation of this Agreement for
the Contractor to deposit any Recyclables in a sanitary landfill.
19. Nondiscrimination
The Contractor agrees that, during the life of this Agreement,'the Contractor will not,
discriminate against any employee or applicant for employment because of color, creed,
national origin, or ancestry, and will include a similar provision in all subcontracts entered into
for the performance thereof. This Agreement may be canceled or terminated by the City, and all
money due or to become due hereunder may be forfeited for a second or subsequent violation of
the terms and conditions of this paragraph. In addition, violation of the provisions of this
paragraph is a misdemeanor. This paragraph is inserted in this Agreement to comply with the
provisions of Minnesota Statutes, Section 181.59.
20. Health Regulations and Ordinances
The Contractor will comply with all applicable federal, state and local laws, rules, regulations
and ordinance.
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21. Governing Law
This Agreement is governed in all respects by the laws of the State of Minnesota, and all
obligations are enforceable in accordance therewith.
22. Notice
Except as otherwise herein provided, all notices required to be served by either party on the
other shall be in writing by certified mail to the principal office of the party to which notice is
given as follows:
City of Rosemount
2875 145 Street West
Rosemount, MN 55068
Highland Sanitation and Recycling, Inc
20700 Donnelly Dr.
Farmington, MN 55024
All such notices will be effective when received.
23. Successors and Assigns
The Contractor binds itself jointly and severally, its successors, executors, administrators and
assigns to the City in respect to all covenants of this Contract, except that the Contractor will not
assign or transfer any part of its interest in this Agreement or subcontract in part or in whole, nor
will the Contractor assign any monies due, or to become due, without the City's written consent.
24. Severability
All parts and provisions of this Agreement are severable. If any part or provision shall be held
invalid, the remainder of this Agreement will remain in effect.
25. Independent Contractor
The Contractor is an independent contractor, and nothing in this Contract shall be construed to
create the relationship of employer and employee between the City and the Contractor or its
agents, officers or employees.
26. City Authority
The City retains full authority to modify, establish, or eliminate any Collection Service function
not specifically established by this Agreement.
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27. Street Improvements
This Agreement is subject to the right of the State of Minnesota or any Minnesota municipality
to improve its highways, streets and alleys. The Contractor accepts the risk that such
improvements may prevent the Contractor from traveling its accustomed collection route or
routes for and will not make any claim for compensation against the City for such interference.
28. Termination
A. Immediate Termination. The City will have the right to immediately terminate this
agreement in the event:
(1) of fraud, misrepresentation, or breach of any material term of this Agreement by the
Contractor; or
(2) the Contractor does not have all insurance coverage required under this Agreement in
full force at all times during the term of this Agreement; or
(3) there is a transfer of interest in, or ownership of, the Contractor greater than forty -five
(45) percent the Contractor hereby agreeing to notify the City of any change in
ownership of the Contractor or transfer of any equity interest in the Contractor.
Termination under this paragraph will be effective immediately upon notice to the Contractor.
B. Change in Law. Either party may immediately terminate this Agreement if a change in state
or federal law or in the ordinances of Dakota County makes it impossible for the party to
comply with both the material terms of this Agreement and the requirements of the state or
federal or county ordinance. Termination under this paragraph will be effective immediately
upon notice to the non- terminating party.
C. Other Termination. Not withstanding anything in this Agreement to the contrary, the City
may terminate this agreement, for any cause or no cause, upon 30 days notice to the
Contractor.
D. Effect of Termination. Upon expiration or termination of this Contract, neither party will
have any further obligation to the other.
29. Renewal
This Agreement may be renewed with written approval of both parties.
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30. Entire Agreement
This agreement with Exhibits incorporated herein by reference is the entire agreement between
the parties. No modification of this Agreement will be valid or effective, unless made in writing
and signed by the parties hereto.
CITY OF ROSEMOUNT HIGHLAND SANITATION AND RECYCLING, INC
By: By:
Bill Droste, Mayor Susan Stewart, Area Sales Manager
By: Date:
Linda Jentink, City Clerk
EXHIBIT A
PICK -UP LOCATIONS, FREQUENCIES AND CONTAINER SIZES
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PARKS
Size
Frequency
Biscayne
2- 90 gal
1 per week- Friday
Bloomfield
1- 90 gal
1 per week- Friday
Camfield
2- 90 gal
1 per week- Friday
Central Park
3- 90 gal
2- 90 gal
1 per week- Friday
1 per week- Friday (recycling)
Charlies
2- 90 gal
1 per week- Friday
Chippendale
2- 90 gal
1 per week- Friday
Claret
1- 90 gal
1 per week- Friday
Connemara
2- 90 gal
1 per week- Friday
Dallara
2- 90 gal
1 per week- Friday
Jaycee
5- 90 gal
5- 90 gal
1 per week- Friday
1 per week- Friday (recycling)
Kidder
2- 90 gal
1 per week- Friday
Lions
1- 90 gal
1 per week- Friday
Old City Hall
2 — 90 gal
1 per week- Friday
Schwarz
4- 90 gal
1 per week- Friday
Shannon
10- 90 gal
1 per week- Friday
Twin Puddles N.
1- 90 gal
1 per week- Friday
Twin Puddles S.
1- 90 gal
1 per week- Friday
Winds Crossing
2- 90 gal
1 per week - Friday
Erickson
1- 6 yd
17- 90 gal
1 per week- Monday
2 per week- Monday & Friday
Decorative Bins
Along 145th
6- 65 gal
1 per week- Thursday
BUILDINGS
Size
Frequency
Arena
1- 8 yd
2 per week- Monday & Thursday
Community Center
1- 8 yd
4- 90 gal recycling
2 per week- Monday & Thursday
1 per week- Friday
City Hall
1- 3 yd
3- 90 gal recycling
1 per week- Friday
1 per week- Friday
Garages
1- 8 yd
2 per week- Monday& Thursday
(may be temporary)
Fire Station #1
1- 1.5 yd (on Shannon)
1 per week
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