HomeMy WebLinkAbout4.k. Public Building and Parks Garbage and Recycling Contract CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: February 20, 1996
AGENDA ITEM: Public Buildings and Parks garbage and AGENDA SECTION: New
recycling contract to Knutson's Services. Business
ecy g
PREPARED BY: Dean R. Lotter, Administrative Intern AGENDA ttrEs 1 # 4 K
ATTACHMENTS: Summary of Bids, copy of resolution, APPROVED BY:
(opy of contract-Not Recd Z1J4, will dis ibu'4c.
Under direction of Administrator Burt, I sent out RFPs for the collection of solid waste
and recycling materials from public buildings and parks in the City of Rosemount. The City
received responses from three collectors: Knutson's Services, Lakeville Sanitation, and Waste
Management. As you can see from the attached summary of bids, Knutson's Services was the
lowest bid. Waste Management did provide two sets of bids; one meeting the specifications I
sent out and another with recommendations for economizing their service to us. Their more
economical bid was nearly $4,000.00 more than Knutson's bid.
Dan Greensweig, an associate of Charlie LeFevere's at Kennedy and Graven, has
developed a contract for these services. This contract has language relating to a performance
guarantee, insurance and responsible disposal of Rosemount's waste. Knutson's Services
collected garbage and recyclables from the City's public buildings and parks last year. Having
sent out RFP's this year, therefore using the competitive bid process, Knutson's bid was
$3,000 less than what the City spent last year for this service.
RECOMMENDED ACTION: Motion to approve Knutson's Services bid for solid waste and
recyclable material collection from the City's public buildings and parks.
COUNCIL ACTION:
, Bids for Public Building and Parks Refuse/Recycling Collection
Collection
Buildings Parks Sales Tax Assesment Total
Knutson 11,169.43 9,697.65 1,168.98 1,641.97 23,678.03
Lakeville 21,762.00 20,067.00 2,124.00 1,862.00 45,815.00
Waste Mgmt. 12,468.00 14,795.50 1,392.69 1,580.04 30,263.23
CITY OF ROSEMOUNT
DAKOTA COUNTY,MINNESOTA
RESOLUTION NO.
A RESOLUTION AUTHORIZING A CONTRACT FOR SOLID WASTE AND
RECYCLABLE MATERIAL COLLECTION FROM PUBLIC BUILDINGS
AND PARKS WITH KNUTSON'S SERVICES
WHEREAS, the City Council sought the most cost-effective price for collection of solid waste
and recyclable materials from the public buildings and parks, and
WHEREAS, the City Staff collected bids in response to request for proposals for solid waste and
recyclable material collection from public buildings and parks, and
WHEREAS,Knutson's Services offered the lowest bid for said services.
NOW 'IHL+'REFORE BE IT RESOLVED, that the City Council of Rosemount hereby
authorizes execution of a contract with Knutson's Services for solid waste and recyclable material
collection for the period of March 1, 1996 through December 31, 1996.
Cathy Busho, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Motion by: Second by:
Voted in favor:
Voted against:
CITY OF ROSEMOUNT - KNUTSON SERVICES, INC.
AGREEMENT FOR COLLECTION AND DISPOSAL OF REFUSE AND RECYCLABLES
THIS AGREEMENT is made this day of 1996, by and between
THE CITY OF ROSEMOUNT, Minnesota, a statutory
under the laws of Minnesota (the "City") city and municipal corporation
"Contractor"). Y ) and KNUTSON SERVICES, INC. (the
The City and the Contractor agree as follows:
1. Term of Agreement
This Agreement will be in full force and effect for the period begi,ng March
1, 1996, and ending December 31, 1996.
2. Definitions
For purpose of this Contract, the following terms shall have the following
meanings:
A. Collection Service. Collection 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
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, 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. General Description of Services
The Contractor will provide Collection Services to all D
4. Containers
The Contractor will provide adequate containers, ap
the disposal and storage of Refuse and Recyclab
pending collection by the Contractor.
5. Frequency
pie Contractor will provide Collection Services om
.1 ;pawn on Exhibit A.
b � �
Vic°
m
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 additional Collection Services at
the rate of $20.00 for each additional K-Cart picked up.
?. Administration
The Contractor shall maintain an office equipped with telephones and staffed
with sufficient personnel to handle complaints a records in receive insance with
The Contractor will keep complete an d
py Cep the City,
accepted accounting practices and shall make available for
Inspection.
generally a at any reasonable time within the term of the
Agreeme plus lus six months after the terrain ded under this Contracttion of the Contract, and all
such records pertinent to all services pr
price and Terms of Pa ment for Work Performed Under This Contract
s. payable A.
Price. The City will pay to the Contractor $22,808.32
of the a able in
monthly installations for the Contractors performance
Services.
for the amount
B
B. Terms. The Contractor's elrformance of the Collection Services. s The
City for the make p
City will make payment to the Contractor ontractor.thirty vkes submitted
receipt of the invoice submitted by
for payment by the City will be for work comp leted under this Contract.
work t.
No payment will be made t Contractor in advance for any
be performed as part of his Contra
9. Insu_ranCe all trucks and
A. Liability Insurance. The Contractor f o mance of this Agreement insured
motor vehicles used in the p n o
with a minimum public liability insurance °$50000 0 for property
o
person; $1,000,000 for any one accidenbt�c liability insurance of
damage, together with Contractor's U 040 for any one accident;
.0,000 for any one person,
roperty damage of$300,000. C rti or Certificates of Insurance shall
ovided to the City by
the Co
The policy
ca
must be a standard form policy provided for by
carrier approved by the State of Minnesota and shall not
ontain any exclusions that wilhreS Contractor coverage ern any
erations performed by
bcontractors thereof.
e policy must fully provide insurance to cover all of the
\tractor's operating exposures including the picking up
e Recyclables, the operation of vehicles, and the
¢, ,, -motion of collection and processing sites.
■
CITY OF ROSEMOUNT - KNUTSON SERVICES, INC.
AGREEMENT FOR COLLECTION AND DISPOSAL OF REFUSE AND RECYCLABLES
THIS AGREEMENT is made this day of 1996, by and between
THE CITY OF ROSEMOUNT, Minnesota, a statutory city and municipal corporation
under the laws of Minnesota (the "City") and KNUTSON 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 March
1, 1996, and ending December 31, 1996.
2. Definitions
For purpose of this Contract, the following terms shall have the following
meanings:
A. Collection Service. Collection 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, 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. 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.
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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 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 $22,808.32 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.
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(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 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, liens,
expenses, including without limitation, attorney fees, and claims for
exp , g , y
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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
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 P ort,
Minnesota.
12. Filing of Reports
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.
13. Correction of Deficiencies in Agreement 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.
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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. 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.
D. Description of Vehicles. The Contractor will furnish the City with a
written description equipment i tion of all vehicles and a ui ment 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.
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(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 g eneral 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. 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.
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18. Marketing of Recyclables
A. Contractor Responsibility. The Contractor is responsible for the
processing, distribution, and marketing of Recyclables.
B. Prohibition Against 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 performance thereof.
This Agreement may be cancelled 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 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
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
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e
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, or make the Contractor, its agents,
or employees, subject to the City's civil service rules.
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
(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
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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 nonterminating 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. 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.
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CITY OF ROSEMOUNT KNUTSON SERVICES, INC.
By: By:
By: Date:
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