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HomeMy WebLinkAbout6.m. Contract Renewal for Superior Services1 CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: April 17, 2001 AGENDA ITEM: Contract Renewal for Superior Services AGENDA SECTION: Consent. PREPARED BY: Sheila O'Bryan, Waste Management Coord. AGE 4. L M 2001 contract APPROVED BY: The city has had a one -year contract with Superior Services for municipal solid waste and recycling pick up. The contract for the year 2000 expired on December 31, 2000. This years rates will increase slightly due to the additional pickup requested, such as, the Community Center (recycling), decorative bins along 145t and the cost of new equipment and living expense. This years contract will be for $25,000 and payable in monthly increments. Superior Service has done a satisfactory job with the City Hall, Community Center, Public Works garage, and the parks. Staff recommends continuing service with Superior Services for solid waste and recyclables collection at City facilities from April 17 2001 to March 31, 2002. RECOMMENDED ACTION: Approve contract with Superior Services for 2001. COUNCIL ACTION: 1 CITY OF ROSEMOUNT — SUPERIOR SERVICES AGREEMENT FOR COLLECTION AND DISPOSAL OF REFUSE AND RECYCLABLES THIS AGREEMENT is made this day of of 2001, by and between THE CITY OF ROSEMOUNT, Minnesota, a statutory city and municipal corporation under the laws of Minnesota (the "City ") and Superior Ser6ces (the "Contractor "). The City and Contractor agree as follows: 1. Term of Agrreement This agreement will be in full force and effect for the period beginning April 17, 2001, and ending March 31, 2000. 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, Ty vek -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 at each Designated Site at the frequencies shown on Exhibit A. 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 pad to the Contractor $25,000 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, the operation of vehicles, and the operation of collection and processing sites. (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 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. (5) Any insurance agency writing a policy under this section must have in force for any coverage provided by this Agreement, errors and omissions coverage with limits of not less than $1,000,000 per occurrence and $1,000,000 aggregate. 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 to 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 Contract 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. 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. 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. C. Disposal of Refuse. As one of the material terms of this Agreement, the Contractor agrees that all Refuse will be disposed of at the Northern States Power Resource Recovery facility in Newport, Minnesota. 12. Filing ff Re_ ports 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 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 the Northern States Power Resource Recovery facility in Newport, Minnesota, including 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 Northern States Power Resource Recovery facility in Newport, Minnesota. 4 13. Correction of Deficiencies in Agreement of Performance A. Failure to Conform to Agreement Provisions. Failure of the Contractor to conform with the provisions 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 water -tight receptacles having tight fitting lids or tarps. There will be separate receptacles for each type of Recyclable Material. B. Cleanina 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. D. Description of Vehicles. The Contractor will furnish the City with a written description of all vehicles and equipment to be used within the boundaries of the City Service Area and in the performance of this Agreement and will advise the City in writing of any withdrawal of a part of such equipment or of any change therein within one (1) week of the time of making such change. E. Safety Equipment. Each collection vehicle must have a flashing light warning system, fire extinguisher (CO2 type) and proper backup alarms as approved by the City. 15. Personnel Requirements A. Responsibility. (1) There will be no limitation on the size of the Contractor's collection crew, so long as they are sufficient to fulfill the requirements of the Contract. (2) Each collection crew will adhere to all applicable Ordinances of the City. B. Driver. (1) The driver must be properly licensed to drive the vehicles used to collect Refuse and Recyclables. (2) The driver must adhere to all traffic laws. C. Collector. (1) The driver and/or collector(s) must at all times conduct themselves in a courteous manner with the general public. (2) The driver and/or collector(s) must be of sound character, competent, and sober throughout the entire work day. (3) The driver and/or collector(s) must be able to service their assigned collection route(s) in accordance with the provisions of this Contract. (4) The driver and/or collector(s) must make a concerted effort to have at all times a presentable appearance. (5) The collector(s) on each crew must be physically able to perform their duties. (6) The collector(s) must perform their work in a neat and a quiet manner and clean up all Recyclables spilled in the collection under any circumstances. (7) Damage to containers or other property must be avoided. (8) Consumption of any beverages containing alcohol is forbidden during or before work hours of any collection day. 16. Safetv 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 -Nithout affecting the Agreement cost. 18. Marketing of Recyclables A. Contractor Responsibility. The Contractor is responsible for the processing, distribution, and marketing of Recyclables. B. Prohibition Against Landfillina of Recyclables. 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. 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 parry to which notice is given as follows: City of Rosemount 2875 145 Street West Rosemount, MN 55068 Superior Services 1375 7 Avenue P.O. Box 281 Newport, MN 55055 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. 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 8 i (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. Notwithstanding 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. 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 Cathy Busho, Mayor By: Linda Jentin, City Clerk Superior Services By: Jeff Crees, Area Sales Manager Date: Vol EXHIBIT A City of Rosemount Designated Sites, Quantities and Frequencies for Pickup of Solid Waste PARKS Size Frequency Biscayne 2- 90 gal 1 per week- Monday Bloomfield 1- 90 gal 1 per week- Monday Camfield 2- 90 gal 1 per week- Monday Central Park 3- 90 gal 1 per week- Monday Charlies 2- 90 gal 1 per week- Monday Chippendale 2- 90 gal 1 per week- Monday Claret 1- 90 gal 1 per week- Monday Connemara 2- 90 gal 1 per week- Monday Dallara 2- 90 gal 1 per week- Monday Jaycee 5- 90 gal 1 per week- Monday Kidder 2- 90 gal 1 per week- Monday Lions 1- 90 gal 1 per week- Monday Old City Hall 2 — 90 gal 1 per week- Monday Schwarz 4- 90 gal 1 per week- Monday Shannon 10- 90 gal 1 per week- Monday Twin Puddles N. 1- 90 gal 1 per week- Monday Twin Puddles S. 1- 90 gal 1 per week- Monday Winds Crossing 2- 90 gal 1 per week- Monday Erickson 1- 6 yd 17- 90 gal 1 per week- Monday 2 per week- Monday & Friday Decorative Bins along 145" 6- 65 gal 1 per week- Monday 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 City Hall 1- 3 yd 3- 90 gal recycling 1 per week 1 per week Garages 1- 8 yd 2 per week- Monday & Thursday Fire Station #1 1- 1.5 yd (on Shannon) 1 per week 10