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HomeMy WebLinkAbout2022-4103CONTRACT #2022-4103 City of Columbia Heights Solid Waste Problem Materials Services (i.e. Bulk or Junk) Contract Table of Contents: 1. OVERVIEW: 2. DEFINITIONS: 3. GENERAL REQUIREMENTS: 4. OTHER REQUIREMENTS: S. FAILURE TO PERFORM/TERMINATION INFORMATION: 6. LEGAL AND INSURANCE REQUIREMENTS: 7. PRICE SHEET: 1. OVERVIEW: This Agreement is by and between the City of Columbia Heights, Minnesota (the "City) and Shoreview Hunks LLC("Contractor"). The length of this contract shall begin October 15th and expire on February 28, 2027. As authorized by CITY OF COLUMBIA HEIGHTS, MINNESOTA CODE OF ORDINANCES CHAPTER 4: MUNICIPAL SERVICES, ARTICLE VII: GARBAGE AND RECYCLING SERVICES and further detailed in the SOLID WASTE OPERATING POLICY. 2. DEFINITIONS: Refer to: SWOP (Solid Waste Operating Policy) 3. GENERAL REQUIREMENTS: 3.1. Primary task: Contractor will conduct curbside collection, hauling, and processing of residential bulk and problem material items such as appliances, electronics, mattresses/bedsprings, other household goods (i.e. clothing, dishes, toys, etc.), carpet, furniture, DIY demo materials, and miscellaneous "junk". Residents will be instructed to leave bulky items out where it is easily accessible for collection. 3.2. Other work: The city may request pickups at city properties or other locations as it deems necessary and will pay contractor for completed orders. 3.3. Disposal: Contractor shall process bulk items through a reuse or recycling system before disposing the materials in the trash stream. The City must approve of facilities the contractor uses to dispose, reuse, or recycle bulk and can direct the contractor to use city preferred facilities. Contractor can request to negotiate new prices due to city directions for disposal if costs increase from the contractor's original plan. 3.4. Scheduling: Contractor shall coordinate with properties to finalize service orders and schedule collection. Orders must be completed within 4 working days of request. 3.5. Billing: Contractor shall bill the properties directly. Page 1 of 5 3.5.1.The City will subsidize the cost of bulk recycling services and pay the contractor for reuse and/or recycling of material. The contractor shall reflect the subsidy on the residential service bills. The City will notify contractor of the items and amounts of subsidy for each item and/or property and any changes to the funding scheme. 3.5.2.The City and its' residential properties will only pay the service/disposal charges (as noted on price sheet) plus any applicable taxes, but will not pay any other fees or charges. Contractor is responsible for ensuring only Columbia Heights residential properties are serviced under this contract. 3.5.3.Annual increases will be negotiated and finalized before the final quarter of the contract anniversary. If parties cannot come to a pricing agreement the contract can be cancelled by either party, but city must be notified before the end of the 9th month of the annual renewal i.e., on or before the 14th of JUly. 4. OTHER REQUIREMENTS: 4.1.1. Customer Service: Contractor will provide multiple means for the public to contact customer service. Hauler will notify properties if unable to provide service on scheduled day. Contractor will also notify the city if unable to complete an order within 4 days or of any mass delays. 4.1.2. Records: Contractor will maintain service records on each property. Photos of the material collected will be kept for the record for 12 months as well as a final photo of site when finished. Haulers will provide monthly tonnage and customer service reports, plus any other reports or information as requested by the City. 4.1.3.Audits. The City will conduct audits of service/billing records regularly. The City may also schedule a disposal audit, if it deems necessary, to track all materials and disposal location/processes etc. the contractor will pay for the audit if issues are noted. 4.1.4.Subcontracting is generally not allowed and it must be approved by the City. 5. FAILURE TO PERFORM/TERMINATION INFORMATION: 5.1. Liquidated Damages: A "liquidated damage" (financial penalty) process is included for poor performance issues that may arise and be assessed to the contractor. 5.1.1.Failure to respond to legitimate service complaints, or city requests for information required to be provided under this agreement within 2 business days in a reasonable and professional manner - fifty dollars ($50) per incident. 5.1.2.Failure to collect services within 4 business days (without warning to city), one hundred and fifty dollars ($150) per incident. If City is notified a 24 hour grace period is granted before taking effect. 5.1.3.Repeating service complaint issues that the City has informed Contractor of in writing: $75/incident. 5.1.4.Failure to clean up spills during Collection operations - three hundred fifty dollars ($3501 per incident. 5.2. Failure to Perform. In the event Contractor fails to collect the MSW, Recyclables, Problem Materials, as required by this Agreement, the City may, at its option, hire such labor and Page 2 of 5 equipment as may be necessary to collect and dispose of such MSW, Recyclables, and/or Problem Materials after Contractor is given three (3) business days to remedy the situation. In the event remedy does not occur, Contractor shall not be paid for collection that did not occur and shall reimburse the City for all reasonable Collection expenses the City incurs above and beyond the amounts the City is obligated to pay for such Collection under this Agreement. The City, at its sole discretion, may invoice Contractor for such reimbursable costs or may utilize the Performance Bond for such expenses. 5.3. Termination. The City may terminate this Agreement if Contractor violates the terms of this Agreement if such violation has not been cured after thirty (30) days written notice has been provided. In the event remedy does not occur, the City may invoice the contractor for all reasonable Collection expenses the City incurs above and beyond the amounts the City is obligated to pay for such Collection under this Agreement or, the City may, utilize the Performance Bond for such expenses until a new contract is executed by the City, or for a time period negotiated between the City and Contractor, but no longer than four months. The City may also terminate this Agreement immediately if Contractor fails to maintain County permits required to collect and transport MSW and/or Recyclables. 6. LEGAL AND INSURANCE REQUIREMENTS: 6.1. Binding Effect. The terms, covenants, and conditions of this Agreement shall apply to, and shall bind and inure to the benefit of the parties, their successors, and assigns. 6.2. Waste Handling Responsibilities: Upon collection of the refuse by the Contractor, the solid waste becomes the property and responsibility of the Contractor. Operations must comply with MN Statutes concerning solid waste handling regulations, plus the Anoka County Solid Waste Management Plan, and be acceptable to the City. Proposers must be licensed by Anoka County and the State of MN before award of contract. 6.3. Insurance: Contractor's insurance must indemnify the City from accidents or problems caused by contractor operations. 6.4. Bond: Contractor must file a performance bond with the City prior to contract award. 6.5. Data Practices. Contractor agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality. Contractor must immediately report to the City any requests from third parties for information relating to this Agreement. Contractor agrees to hold the City, its officers, and employees harmless from any claims resulting from Contractor's unlawful disclosure or use of data protected under state and federal laws. 7. PRICE SHEET: See attached. Page 3 of 5 8. Authorized Signatories: Owner and Contractor hereby agree to the Terms stipulated in this contract. Owner: Citv of Columbia Heights, Minnesota By: (Celli B u eois, City Manager 4 l By: , Amada arquez Simula, Mayor Attest:_ a Title: Contractor: 4ZI-Ir1RF\/IF\A/ HI INKC I I r By: {individuol's si oture) Date: September 21, 2022 (date signed) Name: Ryan Spille Title: Owner (If CONTRACTOR is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Title: Page 4 of 5 (individual's signature) (typed or printed) Prices listed are in effect for the first 12 months of this contract. SERVICE UNIT OF CHARGE 2022-2023 PRICE Flat service charge i.e. overhead per property order $65 Appliances with regulated fluids Per item $10 Large appliances i.e. two -person lift Per item $15 Small appliances Per item $5 Electronics with CRT Per item $25 Non -CRT electronics Per item $20 Mattress/bedspring recycling Per item $40 Mattress/bedspring trash if not recyclable Per item $40 HH goods/fabrics donations or recycling Per bag/box $5 Scrap metal i.e. yard equipment Per item $10 Bulk Plastic i.e. outdoor furniture/playground Per item $25 Large roll carpet i.e. two -person lift Per roll $20 Carpet/rugs small rolls Per roll $10 Large furniture i.e. typically a two -person lift Per item $50 Small furniture Per item $15 DIY demo items for reuse Per item $8 DIY demo material for recycling Per cubic yard $8 Rubbish for trash disposal/OTHER Per cubic yard $5 Page 5 of 5