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HomeMy WebLinkAbout2022-4118CONTRACT #2022-4118 City of Columbia Heights Solid Waste Dumpster Services for multifamily and city building/facilities (trash & recycling) Contract Table of Contents: 1. OVERVIEW: 2. DEFINITIONS: 3. GENERAL REQUIREMENTS: 4. OTHER REQUIREMENTS: S. FAILURETO PERFORM/TERMINATION INFORMATION: 6. LEGAL AND INSURANCE REQUIREMENTS: 7. PRICE SHEET: 1. OVERVIEW: 1.1. This Agreement is by and between the City of Columbia Heights, Minnesota (the "City) and __Walters Recycling & Refuse Inc._ ___("Contractor"). The length of this contract shall begin January 1st, 2023 and expire on December 31, 2026. 1.2. The City and Contractor may elect to extend the Agreement for a one (1) year extension. The terms and conditions of this Agreement shall apply to any such Agreement extension. Nothing in this Agreement shall be interpreted to imply or infer that the City or Contractor is committing to such extension. 1.3. Either party shall notify the other party at least six (6) months prior to the expiration of this Agreement or any extension period of its decision to extend the contract for one year and the other party shall have the right to acceptor decline any extension. The Contractor may request an early decision by the City for an extension of the Agreement by submitting a written request; the City shall not be obligated to accede to that request. 1.4. As authorized by CITY OF COLUMBIA HEIGHTS, MINNESOTA CODE OF ORDINANCES CHAPTER 4: MUNICI PALSERVICES, ARTICLEVII: GARBAGEAND RECYCLING SERVICES and further detailed in the SOLID WASTE OPERATING POLICY (most recent update). 2. DEFINITIONS: Referto: SWOP (Solid Waste Operating Policy) 3. GENERAL REQUIREMENTS: 3.1. Primarytask: According to the SWOP, the city treats all multifamily buildings as residential properties of which there are over 150 buildings totaling around 2,200 dwelling units. 3.1.1.Contractor will need to provide large dumpsters (2 yard and above) for various buildings. Contractor will conduct at least weekly curbside collection, hauling, and processing of residential trash and recycle dumpsters. Contractors can service dumpsters on their own schedule and don't have to follow the household daily route but will provide the volume of service requested by the City and property owner/manager either by size of dumpster or frequency as negotiated. 3.1.2. Dumpsters will be placed and serviced as directed by property owner/managers as long as it is within the City ordinance requirements. 3.1.3. if the hauler notices a trash or recycling dumpster is overly contaminated, they are to leave it and notify the property and the City why the container was not emptied. The City will commit to a public education campaign with the contactor to improve the quality of the material collected. 3.1.4. Extra material outside of containers is not required to be collected. 3.2. Other work: The City will need dumpsters and pickups at city properties, plus other locations as it deems necessary and will pay contractor for this service at the rates in the price sheet. 3.3. Disposal: The City must approve of facilities the contractor uses to dispose or recycle material and can direct the contractor to use city preferred facilities. The City will pay for any increases in disposal due to city directions for disposal if costs increase from the contractor's original plan. 3.4. Scheduling: Contractor shall coordinate with properties and the City to finalize service plans and collection schedule. Services are to be completed on scheduled service day and if not done , liquidated damages and/or Failure to Perform clause (paragraph S) may be enacted. 3.5. Billing: 3.5.1. Contractor shall bill the City directly for the dumpster services monthly. 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 and any otherfees or charges outlined on Pricing Schedule A. 3.5.3.If the MRF offers recycling rebates it will be deducted from monthly bills as well. If recycling commodity prices are negative and there is a net charge the City will be invoiced for this amount. 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. Contractorwill also notify the city if unable to complete a service for multiple days or of any mass delays. 4.1.2. Records: Contractor will maintain service records on each property. 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. S. 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 24 hours days in a reasonable and professional manner - fifty dollars ($50) per incident. 5.1.2. Failure to collect a service on scheduled day, two hundred and fifty dollars ($250) per incident. If City and property are notified a 24-hour grace period is granted before taking effect. 5.1.3. Failure to collect entire day of services on schedule, seven hundred and fifty dollars ($750) per incident. If City and properties are notified a 24-hour grace period is granted before taking effect. 5.1.4. Repeat service complaint issues that the City has informed Contractor of previously: $150/incident. 5.1.5.Failure to clean up spills during Collection operations - three hundred fifty dollars ($3501 per incident. 5.2. Failure to Perform. 5.2.1.In the event Contractorfails to collect the MSW and Recyclables as required by this Agreement, the City may, at its option, hire such labor and equipment as maybe necessary to collect and dispose of such MSW, Recyclables, and/or Problem Materials after Contractor is given two (2) calendar days to remedy the situation. In the event remedy does not occur, Contractor shall not be paid for services that did not occur and shall reimburse the City for all reasonable expenses the City incurs above and beyond the amountsthe City is obligated to pay forsuch services underthis Agreement. The City, at its sole discretion, may invoice Contractorfor such reimbursable costs or may utilize the Performance Bond for such expenses. 5.2.2. Force Majeure - Whenevera period of time is provided for in this Agreement for eitherthe City or Contractors to do or perform any act or obligation, neither party shall be liable for any delays or inability to perform due to causes beyond the control of said party such as terrorist act, war, riot, unavoidable casualty or damage to personnel, materials or equipment, fire, flood, storm, earthquake, tornado or any act of God, strike or lockout other than their own strike or lockout. The time period for the performance in question shall be extended for only the actual amount of time said party is so delayed. 5.3. Termination. 5.3.1.The City can terminate this Agreement if Contractor violates the terms of this Agreement, if such violation has occurred a second time (after a Failure to Perform notice was sent for the first offense). The City will notify contractor in writing of the re peating conditions leading to the termination actions. The City Council must approve ending the contract early. The contractor can appeal to the council in writing prior to the decision meeting. 5.3.2. When an early end date for the contract is decided by the City, the contractor must still perform all services in the agreement to the end of the new term. In the event these services are not performed or are underperformed, the City may invoice the contractor for all reasonable expenses the City incurs above and beyond the amounts the City is obligated to pay for such services underthis Agreement or, the City may, utilize the Performance Bond for such expenses until a new contract is executed by the City, but no longer than the term of current contract. 5.3.3.The City may also terminate this Agreement if Contractorfails 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 reportto 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 understate and federal laws. 7. PRICE SHEET: See attached. S. Authorized Signatories: owner and Contractor hereby agree to the Terms stipulated in this contract. Owner: City of Columbia Heights, Minnesota By: Kell! Bour a 's, Clty Manager By: mg-da MAquez Simula, Mayor Attest: Title: Contractor: J By: �� (individuol's signature) Date: 20 2Z .... Idate sinned) Name: c6--tI 1). - Title: Z Cc 0 (If CONTRACTOR is a c oration, a partnership, or a joint venture.a ch 'de afout horV ion.) Attest: (individual's signature) Title: t^_lv- p ATTACH PRICE SHEET HERE (typed or printed) Schedule A— Pricing Form (per unit charge) Annual Price Increase Assumptions: The annual rate of increase for all of the bids submitted below are assuming an annual CPI increase of 3% per year. Actual increase will be based on the actual CPI: Urban Consumer - Garbage and Trash Collection so that all parties involved have a fair and equal means to calculate annual increases. Fuel/Energy Surcharge Table Based on the volatility of fuel markets, Walters has defined a fuel/energy surcharge if Diesel fuel exceeds $5.50 a gallon. The table below details an example of how fuel/energy surcharges would be applied based on the market price of fuel Walters purchases. The market price will be determined 5 business days prior to the end of the month and will be communicated to the City if any surcharge will be applied. Fuel price will be determined by referencing U.S. Energy Information Associations report for On -Highway Diesel Fuel Prices forthe Midwest. hti s:#Wwv .cia. ,ov/ )cirOICLIni/ asd icsel/ Fuel/Energy Surcharge Table Price of Diesel Fuel Per Gallon Exceeds $5.50 $6.00 $6.50 $7.00 $7.50 Surcharge % Applied to Invoice ** 1% 2% 3% 1 4% { 5% ** Applied to Collection Service Charges on the invoice only, excludes tipping fees. Dumpster Services: Regular trash collection and hauling services: Trash disposal tipping fee charge: YEAR 1 2023 2024 2025 2026 Tipping Fee/Ton $90.00 '592.70 595.48 ,'98.35 Single sort recycling Dum ster collection and hauling services: YEAR 1 2023 2024 2025 T2026 Recycling Dumpsters 22.92 24.31 sizes 2-4 yards per 22.25 23. 61 pick price NOTE: If recycling commodity prices are negative and there is a net charge the City will be invoiced for this amount, but if the MRF offers recycling rebates it will be deducted from monthly service invoice.