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ITEM 3.5 Affortable Sanitation Quote- Portable Restroom ServicesRequest for City Council Action DEPARTMENT INFORMATION ORGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Parks and Recreation Ross Demant, Parks and April 11, 2016 Recreation Director PRESENTER(S) REVIEWED BY: ITEM #: Consent Agenda Lori Johnson, City Administrator 3.5 AGENDA ITEM DETAILS RECOMMENDATION: Staff recommends the approval of the quote from Affordable Sanitation Inc. for providing portable restroom services for the City of Otsego for the period of 3 years starting May 1, 2016 and ending May 1, 2019. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/JUSTIFICATION: Affordable Sanitation Inc. has been providing portable restroom services for the City for over 5 years at a satisfactory level. Staff just recently received quotes from multiple companies for providing portable restroom services for three years and Affordable Sanitation Inc. provided staff with the lowest quoted price. The request for proposal (RFP) included providing services for three years where the quoted price will be locked in for the three years and will include the following parks. Once new parks come on-line the same fee structure will be used to provide services to those parks as well. U LOCATION UNIT(S) CLEANING FREQUENCY DURATION BEAUDRY PARK 1-HANDICAP IX PE WEEK MAY 1-SEPTEMBER 1 11313-77TM STREET NE FRANKFORT PARK 1-HANDICAP 1XPER WEEK MAY 1-SEPTEMBER 1 5500 RANDOLPH AVE NE KITTREDGE CROSSING 1-HANDICAP 1 X PER WEEK MAY 1-SEPTEMBER 1 1040071 STREET NE LILY POND PARK 1-HANDICAP 1X PER WEEK MAY 1-SEPTEMBER 1 9990-101STREET NE PRAIRIE PARK 1-HANDICAP 2X PER WEEK MAY 1- OCTOBER 1 13355-90 STREET NE 7-SINGLE-5 2X PER WEEK SCHOOL KNOLL 1-HANDICAP 1X PER WEEK MAY 1-SEPTEMBER 1 15501-83R0 STREET NE ZIMMER PARK 1-HANDICAP IX PER WEEK MAY 1-SEPTEMBER 1 6480 MASON AVE NE SUPPORTING DOCUMENTS: X ATTACHED ❑ NONE A. Quote from Affordable Sanitation Inc. B. Affordable Sanitation Inc. Services Contract MOTION: (Please word motion as you would like it to appear in the minutes.) Motion to approve the quote from Affordable Sanitation Inc. for providing portable restroom services for the City of Otsego for a period of three year from May 1, 2016 to May 1, 2019. BUDGET INFORMATION ACTION TAKEN S 1 Osseo•Zlmmerman (612) 282-2082 Affordable Sanitation Inc. 19825 York St. NW Elk River, MN 55330 Ross Demant RDemant@ci.otsego.mn.us Parks and Recreation Director City of Otsego Ross, 3/29/16 Thank you for the opportunity to bid on providing portable toilets for the city of Otsego for the next three years. Company Information Affordable Sanitation, Inc. (ASI) is a minority and veteran owned business and has been in the portable toilet business since 1992. We have many loyal customers based on the personalized service that only a small company can give. Licenses & Certifications Portable Sanitation Association International (PSAI) ISTS/Maintainer Certification MNPCA Portable Toilet Maintainer (Restricted) License. References Trevor Brummer — Public Works Director - City of Rockford — 763-477-4346 trevorb@cityofrockford.org Julie Deshler — Crystal City Council Member — 612-306-5808 — Julie.deshler@crystalmn.gov Mike Cunningham, Elk River HS Athletic Director — 763-241-3425 Condition of Units All of my units are in Good condition or better. We are still planning on adding 3 new units at the water pad this year. Insurance A Certificate of Insurance for General Liability, Auto Liability & Workers Compensation will be faxed or e-mailed to you by my agent upon acceptance of our proposal. Our insurance policies meet all of your requirements. Service/Quality Assurance My cell phone is answered from 7am to 11 pm daily. Typical off hour/weekend emergency service response time is 2-4 hours. Itemized Rates — Monthly (28 days) Regular restroom w/weekly service - $5/week rent + $13/service = $72/month Extra scheduled weekly service - $13/service = $52/month Handicap restroom - $15/week rent + $13/service = $112/month Extra scheduled weekly service - $13/service = $52/month Damage Waiver — included Hand Sanitizer — included Winter Freeze Protection — This price varies with the cost of methanol. For the last several winters it has been $4.90/service. We do not charge extra for delivery or pickup. On delivery & pickup we only charge the normal $13/service charge. Unscheduled extra service weekday - $40 Unscheduled extra service weekend - $80 Itemized Rates — Special Event 1-2 units - $65 each 3-6 units - $55 each 7 or more - $45 each Handicap unit - $110 each Portable sink - $95 each Damage waiver & hand sanitizer are included. Winter Freeze Protection — This price varies with the cost of methanol. For the last two winters it has been $4.90/service. Delivery & pickup — included. Extra scheduled weekday service — $13 Extra scheduled weekend service - $20/unit with a $60 minimum charge per trip Unscheduled extra service weekday - $40 Unscheduled extra service weekend - $80 Fuel surcharge — none suspect you will find that we are not the least expensive price you will get. We have had the City of Otsego as a customer for over 12 years. I hope you have found we are reliable and we provide superior service delivered in a friendly, cooperative manner. We hope you decide to continue service with us. David O Barnett Jr. Pres & CPO (Chief Pumping Officer) Affordable Sanitation, Inc 19825 York St. NW Elk River, MN 55330 612-282-2082 CITY OF OTSEGO SERVICES CONTRACT AGREEMENT, made this 1 lth day of April, 2016, between the CITY OF OTSEGO, a political subdivision ("CITY") and Midwest Landscapes ("CONTRACTOR"); RECITALS CITY has awarded to CONTRACTOR the job described below, Description of Project: Provide portable bathroom services at various park locations throughout the City of Otsego for a period of three years commencing on May 1, 2016 and ending on May 1, 2019. 1. Contract Performance. CONTRACTOR shall complete performance of the PROJECT in accordance with the with the Affordable Sanitation Inc. proposal dated March 29, 2016. 2. Compliance with Applicable Regulations. CONTRACTOR shall, pursuant to performance, comply with all applicable rules, regulations, statutes or ordinances of any other unit or agency of government, including but not limited to those relating to non- discrimination in hiring or labor practices, payment of all required withholding taxes, workers' compensation and unemployment compensation insurance, liability insurance, OSHA or other safety rules and regulations, construction practices, environmental practices, wetland protection measures, vehicular safety and/or weight restrictions, refuse disposal practices, and notices to employees, whether or not such rules, regulations, statutes or ordinances are set forth or adopted by reference in the Submission Requirements herein. Pursuant to Laws of Minnesota 1995, Chapter 31, if CONTRACTOR shall fail to pay any subcontractor hired by CONTRACTOR under this project within 10 days after CONTRACTOR receives payment from CITY for work for which CONTRACTOR is liable to any subcontractor, CONTRACTOR shall be liable to the subcontractor for interest on the unpaid balance, at the rate of 1.5 per cent per month. Any subcontractor aggrieved by CONTRACTOR'S failure to remit payment to the subcontractor shall, for the purpose of enforcement, be considered a third -party beneficiary of this contract. However, nothing in this contract shall be deemed to impose upon CITY any duty to monitor, enforce or otherwise become involved in payments from CONTRACTOR to any subcontractor. 3. Indemnification. CONTRACTOR shall indemnify and save harmless CITY from any liability arising out of CONTRACTOR's failure to observe compliance with Paragraph 2 above, specifically including, without limitation, liability arising out of the improper disposal or storage of any hazardous waste by CONTRACTOR or any entity hired or used by CONTRACTOR for such disposal. 4. "Warranty of Workmanship Products and Timely Completion. In addition to any warranty which might be part of the Plans and Specifications/Proposal, CONTRACTOR warrants that all work completed in connection with the PROJECT shall be done in a workmanlike and timely manner and in accord with applicable industry standards and that all chemicals and other products utilized by CONTRACTOR will be chosen for their effectiveness for the purpose used. CONTRACTOR specifically warrants that all chemical applications it makes will be effective in controlling weeds and unwanted growth and promoting healthy lawn growth. Where materials are being furnished by CONTRACTOR, CONTRACTOR warrants that all materials will be of good quality and suited for the purpose for which they are intended." 5. Compliance with Statutory Requirements A. Data Practices Compliance: Contractor may have access to data collected or maintained by the City to the extent necessary to perform Contractor's obligations under this contract. Contractor agrees to maintain all data obtained from the City in the same manner as the City is required under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. Contractor will not release or disclose the contents of data classified as not public to any person except at the written direction of the City. Contractor agrees to defend and indemnify the City from any claim, liability, damage or loss asserted against the City as a result of Contractor's failure to comply with the requirement of the Act or this contract. Upon termination of this contract, Contractor agrees to return data to the City, as requested by the City. B. Worker's Compensation Contractor shall, at the time of execution of this contract, furnish evidence satisfactory to the City that Contractor maintains or is exempt from maintaining Worker's Compensation coverage, pursuant to Minnesota Statutes Chapter 176.182. C. Income Tax Withholding Prior to the time of final payment of any amounts owing to Contractor under this agreement, Contractor shall furnish a copy of Form IC- 134, certified by the Minnesota Department of Revenue, documenting that all withholding tax requirements have been observed by Contractor. D. Audit Pursuant to Minnesota Statutes Chapter 16C.05 (subd. 5), the books and records of Contractor which are relevant to the services being performed under this Contract shall be subject to inspection in accord with said statute, for a period of six years from the date of final payment hereunder. 4. Performance and Payment Security (Check One) X Contractor is not required to post any performance and payment security as a condition of this Contract by reason of the fact that the contract amount is for less than $75,000.00, and City is not requiring performance security. Contractor is required to post performance and payment security acceptable to the City, even though the contract price is less than $75,000.00. Contractor is required to post performance and payment security because the contract price is more than $75,000.00. Note: Regardless of which option above is checked, if performance and payment security is required, the security shall meet that standards outlined in Minnesota Statutes Chapter 574.26. 5. Notices Any notice which is or should be required to be given to CONTRACTOR shall be sufficient if addressed as follows, and deposited, postage prepaid, in the regular United States Mail. Notice shall be deemed to have been received on the third business day following the postmark: Affordable Sanitation Inc. 19825 York Street NW. Ell-, River, MN 55330 6. Termination Either party may terminate this agreement on 30 days written notice to the other. 7. Payment City shall remit to Contractor the amounts billed for services assuming that Contractor has fully complied with all of the terms of this agreement, completing the project in a timely and compliant manner. IN WITNESS WHEREOF, the parties have executed this Agreement the date above written. CITY OF OTSEGO Mayor City Clerk CONTRACTOR :A Its