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Item 06.i
December 19, 2011 MUNICIPAL SOLID WASTE & RECYCLABLE MATERIAL COLLECTION CONTRACT WITH DICK'S SANITATION, INC. Proposed Action Staff recommends adoption of the following motion: Move to approve Contract Agreement with Dick's Sanitation, Inc. for Municipal Solid Waste & Recyclable Material Collection. Overview Primary Issues to Consider MmmMINIAMW MMIIMMW "" Item No. City Staff recently sent out nine quote packages to licensed refuse collectors for the collection of Municipal Solid Waste and Recyclable Material at parks and public buildings in the City from January 1, 2012 through December 31, 2013. Five companies submitted quotes for the two year contract. Quotes ranged from a low of $29,698.62 to a high of $57,052.52 for the two year contract. The low qualified quote was submitted by Dick's Sanitation, Inc. • Is Dick's Sanitation, Inc. a reputable company that will provide quality collection services? Dick's Sanitation has provided quality service for the collection of municipal solid waste and recyclable material for the City of Lakeville over the past four years. Supporting Information a Agreement between the City of Lakeville and Dick's Sanitation, Inc. }John Hen r P a rk Maintenance and Operations Manager Financial Impact: $29,698.62 (2 years) Budgeted: YIN Y Source: General Fund Related Documents (CIP, ERP, etc.): Notes: A. This Agreement AGREEMENT CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AGREEMENT made this 19` day of December, 2011, between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City "), and Dick's Sanitation, Inc., a corporation organized and existing under the laws of the State of Minnesota ( "Contractor "). IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents ", all of which shall be taken together as a whole as the contract between the parties as if the were set verbatim and in full herein: B. Request for Quotes for municipal solid waste and recyclable material collection, including general information, process for submitting quote and contract requirements. C. Quote dated December 7, 2011 In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document "A" having the first priority and Contract Document "C" having the last priority. 2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the services and perform the work in accordance with the Contract Documents. 3. OBLIGATIONS OF THE CITY. The City shall pay the Contractor in accordance with the Quote. 4. ASSIGNMENT. Neither party may assign, sublet or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. 5. TIME OF PERFORMANCE. The Contractor shall complete its obligations from January 1, 2012 thru December 31, 2013. The City in its sole discretion may extend the Contract for the period of January 1, 2014 thru December 31, 2015. The City must notify the Contractor of its decision to extend the Contract by December 31, 2013. 6. PAYMENT. The City will pay the Contractor within forty -five (45) days of receiving an invoice for work performed. 7. PROMPT PAYMENT TO SUBCONTRACTORS. Pursuant to Minnesota Statute 471.25, Subdivision 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of one and one -half percent (11/2 %) per month or any part of a month to subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $ 100.00 or more is $ 10.00. For an unpaid balance of less than $100.00, the 1 Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 8. WORKER'S COMPENSATION. The Contractor shall obtain and maintain for the duration of this Contract, statutory Worker's Compensation Insurance and Employer's Liability Insurance as required under the laws of the State of Minnesota. 9. COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the Contract, with the City included as an additional name insured. The Contractor shall furnish the City a Certificate of Insurance satisfactory to the City evidencing the required coverage: Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate, products and completed operations. Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Contractual Liability (identifying the Contract): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Personal Injury, with Employment Exclusion deleted: $2,000,000 aggregate Comprehensive Automobile Liability (owned, non - owned, hired): Bodily Injury: $2,000,000 each occurrence $2,000,000 each accident Property Damage: $2,000,000 each occurrence 10. DATA PRACTICES /RECORDS. A. All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. B. All books, records, documents and accounting procedures and practices of the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. 11. INDEMNITY. The Contractor agrees to indemnify and hold the City harmless from any claim made by third parties as a result of the services performed by it. In addition, the Contractor shall reimburse the City for any cost of reasonable attorney's fees it may incur as a result of any such claims. 12. WAIVER. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. 13. GOVERNING LAW. The laws of the State of Minnesota govern the interpretation of this Contract. 14. SEVERABILITY. If any provision, term or condition of this Contract is found to be or become unenforceable or invalid, it shall not effect the remaining provisions, terms and conditions of this Contract, unless such invalid or unenforceable provision, term or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties' entire contract. 15. ENTIRE AGREEMENT. This Contract represents the entire agreement of the parties and is a final, complete and all inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. DICK'S SANITATION, INC. CITY OF LAKEVILLE BY: 1 ac3qc9 (An authorized signature) 3 BY: BY: Mark Bellows, Mayor Charlene Friedges, City Clerk Request for Quotes Municipal Solid Waste an Recyclable Material Collection City of Lakeville, Minnesota 2012 & 2013 G. 1MaintenancelWord- Exce1\OUTSIDE CONTRACTS\WASTE CONTROW012 -2013 Request for Quotes & Fonn.doc Chapter 1: Chapter 2: Chapter 3: General Information TABLE OF CONTENTS Process for Submitting Quote and Contract Requirements Quote Form PAGE NO. 4 -5 6 G: 1MaintenancelWord- Excel \OUTSIDE CONTRACTS \WASTE CONTROL 2012 -2013 Request for Quotes & Form.doc Chapter 1 GENERAL INFORMATION The City of Lakeville is soliciting quotes for Municipal Solid Waste and Recyclable Material collection of various city -owned properties for 2012 and 2013 with the option to extend the contract for an additional 2 years (2014 and 2015). Contracts will be awarded based on the lowest responsible quote for the base period of 2012 and 2013, submitted by contractor. Procedure for submitting quotes and execution of contracts is described in Chapter 2. Properties covered under the contract, location, size and frequency of the collection are described in Chapter 3. Quote Schedule Quotes must be completed and returned to John Hennen, Park Maintenance & Operations Manager, City of Lakeville, 20195 Holyoke Avenue, Lakeville, MN 55044, no later than Wednesday, December 7, 2011 at 4:00 PM. Contact Person: All requests for information regarding this Request for Quotes and the Quote Form are to be directed to: John Hennen Park Maintenance & Operations Mgr 20195 Holyoke Avenue Lakeville, MN 55044 (952) 985 -2715 -3- G:\Maintenance \Word- Exce11OUTS1DE CONTRACTSIWASTE CONTROL\2012 -2013 Request for Quotes & Form.doc Chapter 2 PROCEDURES AND CONTRACT REQUIREMENTS I. Format of Request for Quotes Contractors must respond to this Request for Quotes on the attached Quote Form. 2. Consideration of Quotes A. The City reserves the right to accept or reject any or all quotes or any part of any quote, to waive minor defects or technicalities, or to solicit for additional quotes, as it may deem best for its interest. B. All quotes must comply with, and not deviate from, the provisions of the specifications and /or other quote or contract documents, if any. C. The City reserves the right to extend the contract for an additional two years (2014 and 2015). The City is NOT exempt from the Minnesota State Sales Tax. 3. Insurance The Contractor shall furnish and maintain during the project such public liability and property damage insurance as shall protect Contractor and any subcontractors performing work covered by this contract from claims for damages by Worker's Compensation Statute, and from claims for property damages or personal injury which may arise from operations under this contract, whether such operations are by Contractor or by any subcontractor or anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: a) Workmen's Compensation — as provided in the applicable law b) Employer's Liability — as provided in the applicable law c) Comprehensive Public: Liability — Personal Injury - $2,000,000.00 Property damage - $2,000,000.00 d) Comprehensive Automobile: Liability — Personal Injury - $2,000,000.00 Property damage - $2,000,000.00 e) Blanket contractual (hold harmless) protection and fire, theft and vandalism insurance for the full value of all materials and equipment furnished by the supplier shall be provided until the complete contract is formally accepted. -4- G: \Maintenance \Word- Excel1OUTSIDE CONTRACTS\WASTE CONTROL120] 2 -2013 Request for Quotes & Fonn.doc The successful bidder must submit, prior to contract award, evidence of insurability in the amounts as provided above. (A Certificate of Insurance). The Contractor shall indemnify and save the City, its officers, affiliates and employees from any and all claims, suits, losses, damages or expenses on account of injuries or death of any or all persons, or property damages sustained and caused by an act, omission, neglect or misconduct of said Contractor. 4. Requirements for all Insurance All insurance policies (or riders) required by this Agreement shall be (i) taken out by Provider and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall contain a provision that the insurer shall not cancel or revise coverage thereunder without giving written notice to Provider as an insured party and to City as an additional insured at least thirty (30) days before cancellation or revision becomes effective (iii) shall name Provider as an insured party and City as an additional insured, (iv) shall be in accordance with specifications approved by the insurance advisory for City, and (v) shall be evidenced by a Certificate of Insurance listing City as an additional insured which shall be filed with the City. 5. Execution of Contract The successful contractor shall be required to execute a contract for services. A copy of the contract is attached hereto as Exhibit B. -5- G:\Maintenance \Word- Exce1\OUTS1DE CONTRACTSIWASTE CONTROL12012 2013 Request for Quotes & Form.doc Chapter 3 QUOTE FORM (See Attachment) -6- G:\Maintenance \Word - Excel \OUTSIDE CONTRACTSIWASTE CONTROL12012 -2013 Request for Quotes & Fonn.doc PROCESSING FACILITY LOCATION PROCESSING METHOD Elk River Resource Recovery (Great River Energy) Elk River RDF Production Hennepin Energy Resource Co. (HERC) Minneapolis Waste -to- Energy Ramsey / Washington County Resource Recovery Facility Newport RDF Production RRT Transfer Facility Empire RDF Production (Newport) CITY OF LLA EVELLE S CIIFRCA lTU©G S 'FOR RIM05\9fiCgPAIL, SOLED WASTE Q ®F CYCLABLE MQTCGRUAL COLLEC ROM The City of Lakeville is currently requesting quotes for Municipal Solid Waste (MSW) and Recyclable Material collection services at parks and public buildings for the City of Lakeville from January 1, 2012 through December 31, 2013. SPECIFICATIONS: O MSW must be processed. State Statutes No. 115A.46 and 115A.471 of Minnesota's Waste Management Act and the Dakota County Solid Waste Management Master Plan require that MSW generated at public buildings /facilities must be processed. Although the City cannot endorse any specific waste processing facilities, there are several available within and in close proximity to the Metropolitan area including: NOTE: Landfilling MSW or delivery MSW to transfer stations for eventual Landfilling are not waste management options. • MSW collector shall submit quarterly documentation (Le. weight tickets) indicating the processing facility that the MSW from city facilities has been disposed. O MSW collector must be licensed within the City of Lakeville and Dakota County. O Dumpsters must have fresh paint, be clean, rust -free and replaced if damaged. o Dumpsters must be constructed of steel and have plastic lids (plastic lids not applicable to 20 and 30 yard roll - offs). O Dumpsters cannot exceed 60" in height excluding roll -off units. o Dumpsters must meet all OSHA safety standards. O Recyclable material dumpster and containers must be clearly labeled. o All prices /rates must be guaranteed for two years including taxes and fees. G:(Maintenance \Word- Excel \OUTSIDE CONTRACTSIWASTE CONTROLISpecs for Muni Solid Waste & Recyclable Matl Collection.doc The City of Lakeville reserves the right, subject to mutual agreement of contractor, to extend contract for an additional two years under the initial conditions of the two -year contract. Attached is a proposal sheet, which lists the locations, receptacle sizes and required frequency services for the collection of MSW and recyclable material in the City of Lakeville. Please itemize your costs on the attached proposal sheet and use it to submit your quote to: City of Lakeville, Attn: John Hennen, Park Maintenance & Operations Manager, 20195 Holyoke Avenue, Lakeville, MN 55044. Quotes must be received at the City of Lakeville by 4:00 PM on Wednesday, December 7, 2011. If there are any questions regarding the specifications or quote process, please contact John Hennen / Park Maintenance & Operations Manager, 952 -985 -2715. G:\Maintenance \Word- Excel1OUTSIDE CONTRACTSIWASTE CONTROL\Specs for Muni Solid Waste & Recyclable Matl Collection.doc City of Lakeville QUOTE FORM The undersigned has examined the attached specifications and information provided for Municipal Solid Waste and Recyclable Material collection at parks and public buildings for the City of Lakeville for the period from January 1, 2012 through December 31, 2013 and hereby submits the following quote: MUNICIPAL SOLID WASTE DISPOSAL: Parks — as shown on completed Exhibit A $4,470.25 $4,470.25 $8,940.50 Public Buildings — as shown on completed Exhib.A $8,703.84 $8,703.84 $17,407.68 Minnesota Solid Waste Management Tax (17 %) $1,675.22 $1.675.22 $3,350.44 $14,849.31 $14,849.31 S29,698.62 TOTAL NOTE: All special service charges /fees, (incl. fuel fees) must be included in quote. Please indicate the name, location and processing method of the waste processing facility where the municipal solid waste will be disposed: Resource Recove Technolo les Em ire Townshi Name Processing Method: Waste to Energy BIDDER INFORMATION: Dick's Sanitation Inc. Firm Todd M Anderson Representative's Name(print) rq t cr S7 Address ' a LL 2012 2013 Total 16454 Blaine Ave Rosemount Location fat Au ro rized Representative Signature Account Manager Title 52 - ( 1'6 l - 3 7 Phone IZ Date Please return completed Proposal Form to John Hennen, Park Maintenance & Operations Manager, City of Lakeville, 20195 Holyoke Avenue, Lakeville, MN 55044, no later than Wednesday, December 7, 2011 at 4:00 PM. P:ICity of Lakeville 20 12- 201 31LAKEVILLF _QUOTE_F]nal_tum_in_12_6 201 1 doe RECEPTACLE ; PRICE : PRICE FOR ; PRICE FOR _ LOCATION SIZE DESCRIPTION :PER PICKUP; 2012 2011 ANTLERS PARK 2 pickups ! week $ 27.50 5 562.50 : 5 962.50 9740 201st Street 1 -10 YD May - August (Seasonal Dumpslers) 1 pickup /week 5 27.50 5 220.00' 5 220.00 1 -10 YD September & October ARONSON PARK 2 pickups / week $ 27,50 : $ 715.00 ; $ 715.00 8250 202nd Street 1 -10 YD May - July , {Seasonal Dumpslers} 1 pickup / week $ 27.50 : 5 357.50: $ 357.50 1 -10 YD August - October CASPERSON PARK BOAT LAUNCH 1 pickup lweek $ 21.00 i 5 462.00 i 5 462.00 19723 Juno Trail 1 -8 YD May - September j L. 2 pickups / month $ 21.00 $ 294.00 : 5 294.00 1 -8 YD October -April KING ATHLETIC COMPLEX 1 pickup /week $ 27,50 ; $ 357.50 : 5 357.50 18350 Dodd Boulevard 1 -10 YD May - July (Seasonal Dumpslers) 2 pickups! month $ 27.50 r 5 165.00 . $ 165.00 1 -10 YD August - October NORTH PARK 2 pickups l week $ 21,00: $ 546.00 5 546,00 17100 1pava Avenue 1 -8 YD • May - July L. (Seasonal Dumpslers) 1 pickup! week 5 21.00 $ 273.00 $ 273.00 1 -8 YD August - October , ORCHARD LAKE PARK i 1 pickup / week ' 5 21.00 : $ 273.00 : $ 273.00 11875 175th Street 1 -8 YD a June - August L. (Seasonal Dumpsters) 2 pickups / month $ 21.00 : 5 64.00 ; s 84.00 1 -6 YD May & September VALLEY LAKE PARK 1 -8 YD 1 pickup! week $ 21.00 5 462.00 5 462.00 16050 Garrett Path May - September I (Seasonal Dumpsters) , CENTRAL MAINTENANCE FACILITY - 7570 179th Street W ; (4-One Sort Recycling on 5 End 1 pickup! month ( l or Yard by Fence) 4 -90 GAL : May - September $ 10.09: $ 50.45 : $ 50.45 TOTAL PARK SITES INCLU. ALL SPECIAL SERVICE CHARGE 1FEES(I.c. FUEL FEES) 5 5,221,95 $ 5,221.951 PARKS EXHIBIT A CITY OF LAKEVILLE MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIAL COLLECTION SPECIFICATIONS - 2012 1 2013 EXTRA PICK -UPS, IF NECESSARY: Include all tax and fee's and Trip Charge 8 -yard 5 ` 60.00 / pickup 10 -yard $ _ 80.00 / pickup ; RECEPTACLE ; PRICE ; PRICE FOR ; PRICE FOR LOCATION SIZE DESCRIPTION ;PER PICKUP; 2012 2013 CENTRAL MAINTENANCE FACILITY 7570 179th Street W (Fiber Recyclables) (1-One Sort Recycling) Scra. Metal PERFORMING ARTS CENTER 20965 Holyoke Avenue (1 -Fiber Recycling) 1- Commin.led Rec clin. 1 -30 YD Roll -off; On -call basis $ 345.50 ; N/A N/A 1 r } 1 -2 YD 2 pickups / month 5 5.75 3 149.50 5 149.50 1.90 GAL 2 pickups / month $ 5.00 5 130.00 $ 130.00 Market Value - ? Market Value - 1 -30- YD Roll -oft: On -call basis $ 232.00 Great Western : Great Western 1-2 YD 1 pickup / week 5 10.50 5 546.00 : $ 546.00 2 -90 GAL ; 2 .icku.s / month $ 8.00 ; 5 208.00 1 $ 208.00 WATER TREATMENT FACILITY - 18400 Ipava Avenue 1 -3 YD 1 pickup / week $ 12.50 ( 5 650.00 a $ 550.00 (Fiber Recyclables) 1 -2 YD 2 pickups 1 month $ 5.75 5 149.50 $ 149.50 1- Commin.led Rec clin. 1 -90 GAL 1 .icku. I month $ 5.00 $ 60.00 5 60.00 CITY HALL 20195 Holyoke Avenue 1 -3 YD 1 pickup I week $ 12.50 $ 650.00 5 650.00 (Fiber Recyclables) 1 -2 YD 1 pickup 1 week . $ 5.75 $ 299.00 $ 299.00 1- Commingled Rec clin. 1-90 GAL 1 .icku. / month ' $ 5.00 5 60.00 5 60.00 SENIOR CITIZEN CENTER 20732 Hall Avenue 1-One Sori Rec clin. POLICE STATION 9237 183rd Street (1 -Fiber Recycling) 1- Cammin.ledRec clin. LAKEVILLE LIQUOR HERITAGE 20164 Heritage Drive (1- Commingled Recycling) 36" bale corru.ated cardboard 1 -2 YD 1 pickup / week _ 1.90 GAL 1 .icku. 1 month $ 10.50 5 546.00 $ 5.00 $ 60.00 : 5 546.00 ; s 60.00 $ 650.00 5 416.00 $ 572.00 5 130.00 $ 412.36 1 -3 YD 1 pickup 1 week ; 2 -90 GAL 1 .icku.Iweek $ 12.50 5 650.00 $ 8.00 $ 416.00 1 -2 YD ; 1 pickup 1 week 1 -90 GAL 2 pickups / month 3 -5 bales 1 .icku. / week 5 11.00:5 572.00 $ 5.00 15 130.00 T $ 7.93 . 5 412.36 LAKEVILLE LIQUOR GALAXIE 16000 Galaxie Avenue 1 -2 YD 1 pickup / week $ 10.50 1 $ 546.00 $ 546.00 (1- Commingred Recycling) 1-90 GAL 2 pickups / month $ 5.00 ; $ 130.00 5 130.00 ; Market Value • ! Market Value - Mill -size bale carru.ated cardboard 3 -5 bates 1 .icku• / week N/A : Credit 1 Credit LAKEVILLE LIQUOR KENRICK 16179 Kenrick Avenue 1 -2 YD 1 pickup 1 week 5 10.50 : $ 548.00 $ 546,00 (1- Commingled Recycling) 1 -90 GAL 2 pickups / month $ 5.00 ; $ 130.00 ; 5 130.00 We base this on once a week pick up , 36" bale Corru.ated cardboard 3 -5 bales 1 .icku. /week $ 5.75 ; $ 299.00 + 5 299.00 FIRE STATION 41 20190 Holyoke Avenue 1 -2 YD 1 pickup 1 week 5 10.50 : $ 546.00 ; 5 546.00 1-One Sort Rec clin. 1 -90 GAL 1 .icku. /week $ 5.00 ' $ 260.00 ' $ 260.00 FIRE STATION 42 1 -90 GAL 1 pickup / week $ 6.00 1 $ 312.00 $ 312.00 16720 Dodd Boulevard (1 -One Sort Recycling) 1 -90 GAL 2 pickups / month $ 5.00 1 $ 130.00 5 130.00 FIRE STATION 43 1 -1 YD 1 pickup /week $ 6.00 ; $ 312.00 ; 5 312.00 10775 175th Street ' r (1-One Sort Recycling) 1 -90 GAL 2 pickups / month 5 5.00 ' $ 130.00 i $ 130.00 FIRE STATION 44 1 -1 YD 1 pickup 1 week $ 9.00 1 . $ 468.00 $ 468.00 9465 185th Street (1 •One Sort Recycling) 1-90 GAL 2 pickups / month $ 5.00 ; $ 130.00 $ 130.00 f TOTAL PUBLIC BLDGS INCL. ALL SPECIAL SERVICE CHARGESIFEES (Le. FUEL FEES): $ 9,627.36 S 9,627.36 PUBLIC BUILDINGS EXHIBIT A CITY OF LAKEVILLE MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIAL COLLECTION SPECIFICATIONS - 2012! 2013