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Home My WebLink About2022-4121CONTRACT #2022=4121 City of Columbia Heights Compost Cart (mixed food organics yard waste) Collection and Hauling Services 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 and Haul Star LLC ("Contractor"). The length of this contract shall anti PYnirP on March 31". 2024. As authorized bv CITY OF COLUMBIA HEIGHTS, MINNESUIA 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: qa 1a Primary tasks: The (icityuses a residential compost (mixed food organics and yard waste) cart " t to also throw yard waste into the cart as well. The service is optional, and properties must request the cart through the City and will be charged a fee for the additional service. Multifamily buildings can benefi primarily to tolled organics curbside, but users of the cart have the added the " City) begin January 11, 2023 order a cart as well.3.1.1.The carts will be emptied weekly during the yard waste season and every -other -week in he winter (December through March). Services are to be completed on scheduled service t day and if not done be enacted. Liquidated Damages and Failure to Perform clauses (paragraph 5) may 3.1.2.Carts will be emptied in the alleys (if one available) during the winter and curbside during the yard waste season. The City allows exemptions for year-round alley service due to w W certain lot layouts. Multi spot. Provide "walkup" s 3.1.3.Per Specialized Envir family buildings will be emptied from their designated refuse 'a ervice to the elderly and disabled. imental Technologies (the cornposter) rules, only empty the contents of the compost cart and do not mix extra bags or bundles of yard waste on the same truck load. The hauler should not empty overly contaminated with non -organic or woody materials containers and will need to notify the property and City why the compost cart was not emptied. 3.1.4-Material will bE transported to Malcolm Tr; r -;fp-r Station where the City I i s i n account 0 nd will pay tipping fees directly to the composter. Contractor must notifyline City if �1 emptying non -contracted carts on the "city" load and rebate the city for tipping fees. 3.1*5p The City will provide the cart through our cart handling service provider. 3-1.6-Contractor shall also pickup material that has fallen out of containers when handling them. 3.2.. Billing: 3.2.1.Contractor shall bill the City directly for the compost services monthly. 3.2-2.The City will only pay the service/disposal charges (as noted on price sheet) plus a fuel surcharge and any applicable taxes, but will not pay any other fees or charges. 4. OTHER REQUIREMENTS: 4.1.1. Customer Service: The City will conduct most CS tasks and relay issues to contractor to d19 iscuss with property. Contractor will notify the city if unable to complete a service for multiple days or of any mass delays, and the City will in turn notify affected properties. 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. 4.13.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.Subcontracti*ng is generally not allowed, and it must be approved by the City. 5. FAILURE TO PERFORM/TERMINATION INFORMATION:a 5.1. Liquidated Damages/Failure to Perform: A "liquidated damage"' (financial penalty) processis included for poor performance issues that may arise and be assessed to the contractor. 5.11failure to respond to legitimate service complaints, or city requests for information required to be provided under this agreement within 24 hours in a reasonable and professional manner - fifty dollars ($50) per incident. 5.1.2,Failure to collect services for a property on scheduled day -fifteen dollars ($15) per incident. Contractor will have a 24-hour grace period to complete when notified of issue before taking effect. 5.1.3,Failure to collect services for multiple properties on scheduled day, or multiple missed services at one location - one hundred and fifty dollars ($150) per incident. If City and properties are notified a 24whour grace period is granted before taking effect. i i 5.1.4.Failure to collect entire daily route of services on schedule — five hundred dollars ($500) per incident. If City and properties are notified a 48-hour grace period is granted before taking effect. 5.1.5failure to clean up spills during Collection operations - three hundred fifty dollars ($3501 per incident. 51. Force Maleure - Whenever a period of time is provided for in this or Contractors to ao or perform any act or obligation, neither party greement for either the City shall be liable for any delays or inability to perform due to causes beyond the control ot 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 tile 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 Flertorm notice was sent for the first offense). The City will notify contractor in writing of the repeating conditions leading ro the termination actions. 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 under this 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. 5.3,2,The City may also terminate this Agreement 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. f V. 7. PRICE SHEET: The city will pay contractor $20,,568 per month through March of 2024 plus a fuel surcharge when applies see below Fuel/Energy Surcharge Table Price of Diesel Fuel Per Gallon Exceeds $5.50 $6.00 $630 $7.00 $7mso Surcharge %,Applied to Invoice 1% 2% 3% 4% 5% 8. Authorized Signatories: Owner and Contractor hereby agree to the Terms stipulated in this contract. Owner: City of Columbia Heights, Minnesota By: By: Atte Title.. Kelli Rpddrgeois, City Manager Contractor: Haul Star LLC By: (individuat's signature) Date. � 7 2--.2� �T td&e signed) Name:Ama'da arque i la, Mayor TrUe. 'k_f �'4� r 1()P P ca 0 r FA (If Cow"(7-ovis-a- co venture.f�#t` Attest: (individual's Signature) aeon, a partnership, or o jolrrr Title: h evrd'p eo u#hrFri�i Jb sia -10 (typed or printed)