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HomeMy WebLinkAbout6.j. Renewal of Knutson ontract for Solid Waste/Recycling Services CIT� OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTIQN CITY COIJNCIL MEETING DATE: January 21,1997 AGENDA ITEM: Renewal of Knutson Cantract for sotid AGENDA SECTION: Consent waste/recycling services to the City. PREPARED BY: Tim P. Brown, Water Resources Coordinator AGEND ATTACHMENTS: 1997 Contract APPROVED BY: /_ Rosemount's contract with Knutson/LTnited Waste Services for collection of our municipal waste and recyclables has expired. City staff has proposed some minor changes to the contract for 1997 which Knutson has agreed to. Those changes include the contract dates and the addition of Sections 12-C and Section 29. Section 12-C requires some minor additional reporting on behalf of Knutson regarding the destination of our solid waste. Section 29 allows for future renewal of this contract with written approval of both parties. Otherwise this contract is identical to last year's. Last year we asked for bids on this service and Knutson's bid was easily the lowest price bid. They have agreed to the same price for 1997. We have had very few problems with Knutson and they have been responsive to all requests we have made of them. Staff recommends approval of this contract for 1997 to continue solid waste and recyclables collection at our city facilities for 1997. RECOMMENDED ACTION: Approve amended contract with Knutson/United Waste Services for 1997. N CO CIL U ACTION: CITY OF ROSEMOUNT- KNUTSON SERVICES, ING AGREEMENT FOR COLLECTION AND DISPOSAL OF REFUSE AND RECYCLABLES THIS AGREEMENT is made this day of 1996, by and between TF� CITY OF ROSEMOLINT, Minnesota, a statutory city and municipal corporation under the laws of Minnesota(the "City") and KNiJTSON SERVICES, INC. (the "Contractor"). The City and the Contractor agree as follows: 1. Term of Agreement This Agreement will be in full force and effect for the period beginning January 1, 199'7, and ending December 31, 1997. 2. finiti ns For purpose of this Contract, the following terms shall have the following meanings: A. Collection Service. Coliection Service means the picking up of all Refuse and Recyclables at the Designated Sites. B. �,7esi„�nated 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 E�ibit A to this Agreement. C. RecX,clables. Recyclables means newsprint, unsorted glass{food and beverage containers), unsorted aluminum, steel, bi-metal, "tin" cans (food and beverage containers), bottle-grade plastic containers, and other materials as mutually agreed upon by the City and Contractor. D. Refuse. Refuse means all solid waste other than Recyclables. 3. �neral Descri�tion of Services The Contractor will provide Collection Services to all Designated Sites. . 4. n i„�sr The Contractor will provide adequate containers, approved by the City, €or the disposal and storage of Refuse and Recyclables at Designated Sites pending collection by the Contractor. 5. r en The Contractor will provide Collection Services at each Designated Site at the frequencies shown on Exhibit A. -2- , 6. Additional Collection Services Upon request by the City, the Contractor will provide Collection Services at the Designated Sites more often than at the frequencies shown on Exhibit A. The Contractor will be compensated for these additiona.l 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 s�months after the ternunation of the Contract, any and all such records pertinent to all services provided under this Contract. 8. Price and Terms of PaXment for Work Performed Under This Contract A Price. The City will pay to the Contractor$22,808.32 payable in monthly installations for the Contractor's performance of the Collection Services. B, erm . 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 cornpleted under this Contract. No payment will be made to the Contractor in advance for any work to be performed as part of this Contraet. 9. Insurance A. I�iabilitv Insurance. The Contractor will keep a11 trueks 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 insuranee of$500,000 for any one person, $1,000,000 for any one accident; and property damage of $300,000. Certificates of Insurance shall be provided to the City by the Contractor. (1) The policy must be a standard form policy provided for by a ca:rrier approved by the State of Minnesota and sha11 not cantain any exclusions that will restrict coverage on any operations performed by the Contractor or any subcontractors thereof. (2) The policy must fully provide insurance to cover a11 of the Contractor's operating exposures including the picking up of the Recyclables, the operation of vehicles, and the operation of collection and processing sites. ' (3) Approval of the insurance by the City will not in any way relieve or decrease the liability of the Contractor hereunder, and it is expre$sly understood that -3- , the City does not in any way represent that the above specified insurance or limits of liabiliry 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 covera�e 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, a11 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 �I who may be injured while perfornung work or labor necessary to carry out the provisions of ! this Contract. The Contractor will supply to the City proof of coverage. C. �'rop�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. Su��ly Necessary I�.ems. The Contractor will supply all labor, material, and equipment necessary for the carrying out of this Contract. B. N 1 ims. 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. Indemnificati�n. The Contractor agrees to take a11 precautions to protect the public against injury and to save the City harmless from a11 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, liens, expenses, including without limitation, attorney fees, and claims for liens, for work, tools, machinery, materials, or insurance premiurns 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. -4- 1 11. Contractor's O�erations 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 containers used for the storage and collection of Refuse and Recyclables at Designated Sites with reasonable care to avoid damage,wiil 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. Dis�osal 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. Fi,�g of Re�orts 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 wili 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. 13. rr cti f D ficiencies in A re men erformance � Co e ono e g e tP -5- i A. Failure to Conform to Ag,reement 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 ar 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 Deficiencie . 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 ternunate the Contract, and the Contractor will be held liable for the total cost incurred in completion or correction of the work, including contract and admirustrative costs and attorney fees. 14. E�uipment A. Vehic . 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. l anin . All vehicles must be kept in a clean and sa.nitary condition. I C. Maintenance. The trucks must be maintained in good working order, equipped to meet all ' federal, state, and rnunicipal regulations concerning vehicles used on public roads and ! maintained to meet these standards. '' I D. �es�tion of Vehicles. The Contractar 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. �af�,LEqu' ment. Each collection vehicle must have a flashing light warning system, fire extinguisher(COZ type}and proper backup alarms as approved by the Gity. 15. �ersonnel Reauirements A. Re$�onsibility. (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. -6- , (2) Each collection crew will adhere to all applicable Ordinances of the City. B. riv r. (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. l ect r. (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 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. �afety 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 regulatians, as well as those of other bodies and tribunals I, 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 af a11 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. Marketin o� f Recyclables I A. �ontractor ResnonsibilitX. The Contractor is responsible for the processing, distribution, and marketing of Recyclables. B. Prohibition Ag�inst Landfilling„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 performanee thereof. This Agreement may be canceled or ternvulated by the City, and a.11 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 Re,g:ulations and Ordinances The Contractor will comply with all applicable federal, state and local laws, rules,regulations and ordinance. 21. �verning Law This Agreement is governed in a11 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 and forwarded by certified mail to the principal office of the party to which notice is given, as follows: City of Rosemount P.O. Box 510 2875 145th Street West Rosemount, MN 55068 Knutson Services, Inc. 14345 Biscayne Avenue Rosemount, MN 55068 _g_ 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 a11 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. Sev r il' All parts and provisions of this Agreernent axe 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, ar make the Contractor, its agents, or employees, subject to the City's civil service rules. 26. C�Authority The City retains full authority to modify, establish, or eliminate any Collection Service function not specifically established by this Agreement. 27. Street Im�rovements. This Agreernent 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 a11 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 , -9- �I change in ownership of the Contractor or transfer of any equity interest in the Contractor. Ternunation under this paragaph 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 irnpossible forthe 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 na 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 A;�reement This Agreement with E�ibits 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 KNUTSON SERVICES, INC. By: By. BY� Date: -10-