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HomeMy WebLinkAboutFORM OF CONTRACT - RESOLUTION 2009-144 1 -444 e ' FORM OF CONTRACT CONTRACT FOR CITY OF WATERLOO DROP SITE RECYCLING COLLECTION AND DISPOSAL PROGRAM CITY OF WATERLOO, IOWA o� This contract is made and entered into this 3 ' day of e(>-r r y 20 D9, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and bell Ver j b y1, •t yt C. of h,e ►1 U e C , Iowa(hereinafter referred to as Contractor), WITNESSETH: PAR. 1 This contract for service is to provide for the equipment, supervision, site service, collection, transfer, processing and disposition of the materials generated by the City Drop Site Recycling Program. Materials processed shall not be landfilled and shall be marketed a recyclable by the contractor. Cull wastes shall be disposed of at the Black Hawk County Landfill as per 28-E Agreement with the city. PAR. 2 It is understood and agreed that the resolution adopted by the City Council approving these documents, the Performance and Payment Bonds, the Council Proceedings relating to this matter, and Scope of Services shall all be considered as forming a part of the contract the same as though they were each set out in said contract. PAR. 3 The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to perform said services in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the provisions made a part hereof by reference, and to the satisfaction and approval of the City and its Superintendent of Waste Management Services. PAR. 4 Should the Contractor fail to perform said services in strict accordance with the terms and conditions of this contract or provisions therefore as herein specified, the City may pay such additional sums to another party to perform the work Contractor failed to perform and deduct any and all such sums from any amount due Contractor. PAR. 5 Contractor agrees to comply with and obey all ordinances of City, and agrees to assume all liability for any and all claims and/or causes of action at law or equity or otherwise which may arise from this Agreement. Contractor further agrees to release City, including its employees and agents, from any and all claims and/or causes of action, which arise from this Agreement. Contractor has been informed of the ramifications involved with this Agreement, and knowing and acknowledging them, Contractor voluntarily agrees to assume and accept these ramifications. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless City, its consultants, agents, and/or employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees whether incurred prior to or during, litigations, administrative hearings, arbitration, or bankruptcy proceedings, including trial and appellate levels, which may in any way arise out of or result from this Agreement,provided that any such claim, damage, loss, or expense is caused in whole or in part by any negligent act or omission or other fault of Contractor or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable, regardless of whether or not it was caused in part by a party indemnified hereunder. PAR. 6 The City shall have the right to appoint one or more contract reviewers that shall review the contractor's operation in detail. Such contract reviewer shall have full authority to pass judgement upon the manner of doing the work, and their judgement on rejecting any manner of work shall be final unless it is revoked or modified by the Superintendent of Waste Management Services. PAR. 7 The Contractor agrees to pay punctually all just claims of labor, material, persons, or subcontractors who shall perform labor or furnish materials or services entering into these services. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. Contractor shall, prior to payment by City, provide City with a release of lien of any subcontractors which shall release City from any liens on account of Contractor's failure to pay for labor, material, or persons under this Agreement. PAR. 8 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form included in this packet, in the amount provided by law as stated in the Scope of Services, which shall be for the benefit of the City, and any and all persons injured by the breach of any terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council and is by reference made apart of this contract. PAR. 9 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of seven (7) consecutive days without reasonable cause, or should it fail to proceed with said work within 24 hours after a notice to continue or carry it on has been served to it at the address given herein by the City,then the City may proceed to complete said work, using any material,tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for all costs and expenses arising out of Contractor's failure as stated herein. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, or may be recovered by the City in an action upon Contractor's bond. PAR. 10 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, the City agrees to pay to the Contractor, in the manner set out in the Scope of Services, the amount of money due the Contractor for work performed, at the prices set out in the Scope of Services. PAR. 11 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. This Agreement may not be altered, modified, or changed in any manner without prior written approval of the parties. CITY OF WATERLOO, IOWA Mayor City Clerk Contractor By: Title: Approved by the City Council of the City of Waterloo, Iowa, this 27r day of Fi°G-rc ur y , 2049 . ATTE . , City Clerk, Waterloo Iowa. REQUEST FOR PROPOSALS TO PROVIDE RECYCLING DROP-OFF STATIONS PROCESS MARKETABLE MATERIALS AND DISPOSE OF CULLED WASTE MATERIALS The City of Waterloo, Iowa is seeking proposals for providing equipment, site service, and collection/delivery,of materials from neighborhood drop-offs, and the processing and ultimate marketing and disposal of materials thereby generated. Scope of Services: Introduction A. This contract is to provide for the equipment, site signage, site maintenance, site collection, and delivery of materials to the Contractors processing facility that will process the collected materials listed in this Scope of Service. B. It is not the intent of this Scope of Services to specify methods, means and/or materials to be supplied by the Contractor in the aforementioned process; but rather, a general Scope of Services and minimum level of service to be offered by the Contractor. Any service established by and means,methods, or materials supplied by the Contractor in the original contract or addendum shall not be changed without the specific written approval of the City. This is to assure continuity of service level and type. C. The materials collected and delivered to the transfer/processing facility as listed in this Scope of Services shall not be disposed of by land filling without the specific approval of the City. This implies that the Contactor will sort/process these materials to render the marketable status of the commodity. The removal of some contaminants and/or improper materials is expected. The cull materials, if process sorting is done locally in the metro-area, shall be tracked, reported monthly, and, properly land filled at the Black Hawk County Landfill as per this agreement. The City agrees to coordinate any public education/relations efforts to minimize this problem; however, absolute product quality of the material delivered by the City cannot be assured, nor expected. II. Transfer/Processing Facility and Drop-Sites A. The transfer facility shall be designated in the Contract and shall remain fixed for the duration of the Contract unless a different site is agreed by the City. B. The processing facility may, indeed, be the same facility as (A.) but, the City shall not require that be such. C. If a"local" facility acts as both, transfer and processing site, or, if simply the "local" site is the transfer site, all such facilities are to be properly permitted in accordance with Iowa Department of Natural Resources. It shall be the responsibility to obtain and maintain all other operational permits and approvals required by local governmental agencies, and shall be obtained prior to commencement of activities relevant to this agreement. D. The Contractor shall develop and maintain a billing and accounting system that will provide for an itemized and summarized statement of services provided by the Contractor that will include the itemized totals amounts of materials processed on a monthly basis. E. Hours of operation: 7:00am to 5:00pm, Monday through Friday 7:00am to 1:00 pm on Saturdays. The facility may be closed on all City Holidays which may include, but be subject to change,the following: New Year's Day, Martin Luther King's Birthday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the day after Thanksgiving, Christmas Day,the day before or after as designated by the Mayor. F. Recyclable materials accepted at this handling/transfer site shall include at least the following: 1. Tin and Bi-metal cans. 2. Cardboard(occ)/chipboard. 3. Newspapers. 4. Magazines. 5. Grades 1 through 7 plastic containers. 6. Office paper, white and colored. 7. Glass containers (clear only) G. The said contractor/subcontractor will permit access to his/her employment books, records, and accounts to the City's Affirmative Action Officer, for purpose of investigation to ascertain compliance with this contract and with the rules and regulations of the City's Affirmative Action Program—Contract Compliance Provisions relative to Resolution NO.24664. H. Recycling Drop-Off Sites Hometown Foods—2834 Ansborough Av New Star Liquor—4th & Kimball Av Hy-Vee Food Store—Crossroads Center Hometown Foods—Mitchell Av Eveland/Jordan Plaza—W 5th St Strip Mall—Ridgeway & Wisconsin St Kimball Ridge—Kimball & Ridgeway Ave Pantry Express—Bishop & Independence Av Chamberlain Manufacturing—E 4th & Esther Wal-Mart super Center—Crossroads Center Contractor shall make arrangements with the owner/agent/proprietor of these sites to install required equipment and continue operations at the locations. Additional locations or alternate sites may be established by Contractor after review and approval by the City. III. Compensation A monthly statement and report of all materials processed shall be submitted on/or before the 15th of the following month. Payments by the City shall be made within thirty (30) days of receiving said statement and report. The City shall set all fees that are to be charged to residential users should they ever be required. IV. Miscellaneous Provisions A. The agent for the Contractor shall be: Correspondence to the Contractor shall be mailed or delivered to: B. The Contractor will provide a 24-hour recycling "Hot Line"that will be available to all citizens describing the recycling opportunities made available under this contract. C. Contractor shall keep on file an Equal Opportunity Clause and Affirmative Action Program that shall be reviewed and approved by the City of Waterloo prior to commencement of work under this contract. D. Contractor agrees to comply with and obey all ordinances of City, and agrees to assume all liability for any and all claims and/or causes of action at law or equity or otherwise which may arise from this Agreement. Contractor further agrees to release City, including its employees and agents, from any and all claims and/or causes of action, which may arise from this Agreement. Contractor has been informed of the ramifications involved with this Agreement, and knowing and acknowledging them, Contractor voluntarily agrees to assume and accept these ramifications. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless City, its consultants, agents, and/or employees from and against all claims, damages, losses and expenses, including but not limited to, attorney's fees whether incurred prior to or during litigation, administrative hearings, arbitration, or bankruptcy proceedings, including trial and appellate levels, which may in any way arise out of or result from this Agreement, provided that any such claim, damage, loss, or expense is caused in whole or in part by any negligent act or omission or other fault of Contractor or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable, regardless of whether or not it was caused in part by a party indemnified hereunder. E. The Contractor shall maintain a local telephone listing for its office in the Waterloo telephone book. The Contractor shall maintain at its local office an attendant to answer phone calls during all hours of operation. The attendant shall review all calls and complaints from customers in a courteous and polite manner. F. The City's agent shall be the Superintendent of Waste Management Services or designee. All notices and correspondence by the contractor shall be directed to him through his office at: 3505 Easton Ave. Waterloo, Iowa, 50702. G. Insurance a) Contractor shall at all times during this contract maintain in full force and effect Employer's Liability, Worker's Compensation, Public Liability, and Property Damage Insurance, including contractual liability coverage for the indemnity and hold harmless provisions of the contract. All insurance shall be by insurers acceptable to the City and for policy limits acceptable to the City. The City of Waterloo shall be specifically named as an additional insured on all insurance. Before commencement of work hereunder, Contractor agrees to furnish the City certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. The certificates shall contain the following express obligations: "This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change, 30 days prior written notice will be given the certificate holder." For purpose of this contract, Contractor shall carry the following types of insurance in at least the limits specified below: COVERAGES LIMITS OF LIABILITY Worker's Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability Except Automobile $1,000,000 each occurrence Property Damage Liability Except Automobile $1,000,000 each occurrence Automobile Bodily Injury Liability $1,000,000 each occurrence Additional Excess Liability $1,000,000 Automobile Property Damage Liability $1,000,000 each occurrence No deductible provisions shall prevail in any of the Insurance policies. H. Performance, Payment, Guarantee Bond a) The Contractor will be required to furnish a Performance, Payment and Guarantee Bond as security for the performance of this contract. Said bond must be in the amount of$25,000. b) Premium for the bond described above shall be paid by the Contractor. A certificate from the Surety showing that the bond premiums are paid in full shall accompany the bond. c) Contractor shall be required to submit to the City, at least 90 days prior to the expiration date of any such bond, either a statement from it's surety that they intend to replace or renew the bond, or a replacement bond in the same amount, said replacement bond to take effect on or before the expiration date of the prior bond. Should the Contractor fail to provide the statement required or replace an expiring bond at least 90 days prior to the expiration date, the City shall have the right, in addition to any other lawful remedy,to terminate the contract with the Contractor and re-bid the contract. d) The surety on all initial, renewal, and replacement Performance, Payment and Guarantee Bonds(1) shall be a duly authorized surety company, licensed to do business in the State of Iowa, (2)must have and maintain a permanent agent or representative in the City of Waterloo, Iowa, and (3) must have an AM Best Company rating of"A" and must be on the Federal Treasury list of approved bonding companies, and/or must be satisfactory to the City. I. Press and Publicity The City of Waterloo shall be responsible for all press and publicity related to recycling within the city of Waterloo. Any and all efforts made by the contractor that will affect the operation under this contract shall be reviewed by the City prior to initiation. This is to assure that conflicting messages will not be conveyed. The City shall not unreasonably restrict the normal business advertising of the contractor. J. Contract Monitor The City will monitor the Contractor's operation on a regular basis by having an observer on site. The role of this monitor will be to assure that operations are conducted in accordance with the terms of this agreement. The observer should not be expected to perform any duties for or on behalf of the Contractor other than to act as a resource for information relating to the City's solid waste operations. K. Term The term of this contract shall be three (3) years, commencing 2009, through , 2012. The City and the Contractor may mutually extend this contract for an additional two (2) years. L. Attachments The following attachments shall be a part of this contract: 1) Equal Opportunity Clause 2) Affirmative Action Program 3) Performance Bond 4) Certificate of Insurance M. Award of Contract Final selection of a contractor will be made of the responsive and responsible firm or firms whose Proposal, conforming to these documents, is most advantageous to the City of Waterloo; price and other factors considered. The intention is to award the contract within a reasonable time, not exceeding thirty (30) days. The City Council may, when in it's interest, reject any or waive any informality in Proposals received. The City Council may reject any or all Proposals if deemed in the best interests of the City.