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HomeMy WebLinkAboutRes1987-102 ~ ~ ~ Sponsored by: Garzini CITY OF SEWARD, ALASKA RESOLUTION NO. 87-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AWARDING THE CONTRACT FOR CITY GARBAGE AND REFUSE REMOVAL SERVICE TO HERMAN LEIRER, DBA SEWARD SERVICES, FOR THE PERIOD BEGINNING JANUARY 1, 1988, AND ENDING DECEMBER 3l, 1988 WHEREAS, the city of Seward requested proposals for garbage and refuse removal for the period beginning January 1, 1988, and ending December 31, 1988; and WHEREAS, a proposal was received from Herman Leirer, dba Seward Services; and WHEREAS, the City Council hereby finds that the pro- posal of Seward Services is reasonable and that acceptance of that proposal is in the public interestl NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The proposal proposal submitted by Herman Leirer, dba Seward Services, for garbage and refuse removal service within the city of Seward for the period beginning January 1, 1988, and ending December 31, 1988, is hereby accepted and the contract for such service is hereby awarded to Seward Services. Section 2. The City Manager is hereby authorized to execute the contract for such services, a copy of which is attached and incorporated herein by reference, on behalf of the city of Seward. Section 3. This resolution shall take effect immedi- ately upon its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 26th day of October , 19~ THE CITY OF SEWARD, ALASKA -1- ~ ~ ~ CITY OF SEWARD, ALASKA RESOLUTION NO. 87-102 AYES: NOES: ABSENT: ABSTAIN: GIESELER, HILTON, MEEHAN, NOLL & O'BRIEN NONE DUNHAM & SIMUTIS NONE ATTEST: (City Seal) APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN, Attorneys for the City of Seward, AK 7~ fl/~ Fred B. Arvidson City Attorney -2- ~ CONTRACTUAl.. AGREEMENT FOR THE COlLECTION All> DISPOSAl.. OF GARBAGE, RUBBISH Atf) WASTE MATERIAl IN TIE CITY OF SEWARD, AlASKA THIS AGREEMENT, entered into this 4th day of November . 19~, by and between the City of Seward, ~ka, a municipal corporation. organized under and operating pursuant to the laws of the State of Alaska. hereinafter referred to as the "City"; and Herman Leirer, db,a Seward Service her~i'nafter '~eferred't~' ~s 'th'e "Contractor". as follows: WHEREAS, The City of Seward, by ordinance. has provided for the sanitary. economic and efficient collection and disposal of garbage, rubbish and waste material in the city of Seward. and has. by such ordinance, made regulations respecting the time. method and manner of such collection and disposal; and ~ WHEREAS. Said Contractor has. by sealed proposal. offered to service the entire areas of business and residential districts of the city of Seward by periodic collection of garbage. rubbish and waste material in residential. commercial and industrial areas and in accordance with the terms of this Agreement; NOW, THEREFORE. IT IS AGREED BY AND BETWEEN THE CITY AND SAID CONTRACTOR. That: 1. the contract for collecting and disposing of the garbage. rubbish and waste materials of businesses and residences of the city of Seward is hereby awarded to said Contractor; 2. the Contractor wlll said ordinance and will follow connection therewith; comply with the terms and provisions of regulations of the City of Seward in 3. the Contractor shall report any violation of the City ordinances or sanitary landfill to the City Manager or the Chief of Police of the city by filing an official complaint against the violator. Irregulari- ties or violations of ordinances or regulations involving unknown persons shall be reported to the City Manager or the Chief of Police of the city. ~ CITY OF SEWARD LASKA CONTRACTUAL AGK~~MENT - GARBAGE ~ 4. the Contractor shall not ass i gn or transfer thi s contract without prior written consent of the City. 5. the Contractor shall furnish and operate safe equipment and at least two vehicles for the collection and hauling of garbage, rubbish and waste material. One of such vehicles shall have a minimum bulk capacity of 25 cubic yards; the other vehicle shall have a minimum bulk capacity of 16 cubic yards. Such equipment and vehicles shall, at all times throughout the term of this contract, be operated and maintained in proper and safe working order to minimize risk of injury to persons and property. 6. the Contractor shall service all sections of the city on the route and schedule prescribed by the City. 7. the Contractor agrees to haul all garbage, rubbish and waste material collected within the city to any place designated by the Kenai Peninsula Borough and to place said garbage, rubbish and waste material in the trenches prepared by the borough and to refrain from burning of said material. ~ 8. the Contractor shall purchase and maintain the following insurance during the term of the Contract: Comprehensive single-limit or liability insurance covering the actions of any person engaged in collection activities on behalf of the Contractor under this Contract with limits of not less than TWO HUNDRED THOUSAND/FIVE HUNDRED THOUSAND ($200,000/$500,000) DOLLARS. Such insurance is to include coverage for bodily injury and property damage claims. Contractor shall also purchase and maintain commercial automobile liability insurance with limits of not less than ONE HUNDRED THOUSAND/THREE HUNDRED THOUSAND ($100,000/$300,000) DOLLARS. Contractor shall purchase and maintain such insurance as will protect it from claims under Worker's Compensation acts and other employee benefits acts for damages because of bodily injury, including death, to its employees and all others and for damages to property, any or all of which may arise out of or result from the Contractor's operations under this Contract, whether such operations be by Contractor or by anyone directly or indirectly employed by the Contractor. All insurance required herein shall name the City as an additional insured therein. All insurance premiums shall be the obligation of, and shall be paid by, the Contractor. A valid Certificate of Insurance shall be delivered to the City Clerk at the signing of this Contract and shall be held by the City for the term of the Contract. (Such Certificate of Insurance _to clearly indicate that the document of indemnity required pursuant to the following sub-paragraph has been incorporated into and made a part of the applicable insurance policy.) Each insurance policy shall contain a clause whereby the insurance company agrees to give written notice to the City Clerk fifteen (15) days prior to any cancellation or alteration of said pol icy. ~ -2- CITY OF SEWARD 'LASKA CONTRACTUAL AG~~~MENT - GARBAGE ~ Further. the Contractor shall furnish to the City Clerk an executed document of indemnity saving the City of Seward harmless against any loss or damage due to the negligence of the Contractor while the collection and disposal of garbage. rubbish and waste material is being performed. naming the City as a named-insured therein. (The executed Document of Indemnity is attached to this Agreement and is hereby incorporated into and made a part hereof. ) Further. the Contractor shall furnish to the City Clerk a performance bond in the sum of $15.000 conditioned upon the covenants. agreements. sti pul ations and condit ions thereof. (The executed performance bond is attached to this Agreement and is hereby incorporated into and made a part hereof.) 9. the Contractor shall be entitled to receive as compensation for the serv ices rendered in accordance with thi s Agreement and the sa id resolution, the fees specified therein. which fees shall be collected at the sole expense of the Contractor; 10. the Contractor shall pay to the City 12.5 percent of each month's total bill ing for bill ing-and-cash-receiving services described in paragraph 12 of this Agreement; ~ 11. the Contractor shall supply the City an accurate record of service performed for billing purposes; 12. the City shall prepare the monthly customer billings for garbage service and shall receive cash payments with its utility bills. It shall maintain a customer's ledger for garbage service and report the amounts billed and collected monthly to the Contractor. 13. the Contract under this Agreement is for a period of one (1) year, with the option to extend, upon satisfactory performance. for up to four (4) additional one-year (I-year) terms upon the annual offering of the City, beginning January I. 1988. and ending December 31. 1992. inclusive of extensions. The City. upon satisfactory performance on the part of the Contractor. will offer the Contractor an option to extend on or before September I. and on or by this same date through 1991. The Contractor shall have thirty (30) days. or until September 30. to notify the City of concurrence with the contract option. 14: the City agrees, upon application by the Contractor, to review the rates established by resolution every two (2) years to determine whether or not they adequately compensate the Contractor for services performed pursuant to this Agreement. The Contractor shall provide with the application sufficient data on projected revenues and expenses to support an adjustment to the rates. ~ -3- CITY OF SEWARD. ~ASKA CONTRACTUAL AGR~~MENT - GARBAGE ~ 15. the terms and conditions of this Contractual Agreement may be declared terminated, null and void, at any time by written mutual consent; provided, however, that, in the event of such a prior termination hereof, such prior termination shall take effect ninety (90) days after the date of said written mutual consent. :1 16. the City may terminate this Agreement at any time if the Contractor defaults in any of its provisions, or if the Contractor fails to provide the services required by this Agreement in a proper and workmanlike manner. IN WITNESS THEREOF, the parties hereto have executed this Agreement, the City of Seward by its City Manager and City Clerk, as ~:~~~~t~~ ~:~~~~b~;t~6~or~.~il of the City of sewa~~, w~~~s~~~ ~~r~~~a~:g~~:~ hereunto affixed on this 4th ~. day of .Npv~U1b~r: .' 19~. CONTRACTOR: CITY OF SEWARD, ALASKA ~ / / , /' #. /, ~ ., . ..(il)/.;1:/t//. e'Jf~tLc 1 . .. .. HERMAN LEIRER, 'd a SEWARD SERVICE ATTEST: APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL AND BRUNDIN, Attorneys for the City of Seward, Al aska , ~.!?/~ FRED B. ARVIDSON, City Attorney , ~ -4- I. ~ ~ ~ ATTACJlENT TO THE CONTRAC11JAL. AGREEMENT FOR THE COLLECTION AN> DISPOSAL OF ~RBAGE. RUBBISH AN> WASTE MATERIAL IN THE CITY OF SEWAR>. ALASKA DOCU4ENT OF Itt)EMNITY Herman Leirer, dba Seward Service .' hereinafter referred to as the "Contractor." shall be responsible from the time of the beginning of refuse removal operations, for all injury or damage of any kind resulting from said operations. to persons or property. regardless of who may be the owner of the property. In addition to the 1 iabil ity imposed upon the Contractor on account of personal injury (including death) or property damage suffered through the Contractor's negligence. which liability is not impaired or otherwise affected hereunder. the Contractor assumes the obl igation to save the City of Seward harmless and to indemnify the City of Seward from every expense. liability or payment arising out of or through injury (including death) to any person or persons or damage to property (regardless of who may be the owner of the property) of any place in which work is located, arising out of or suffered through any act or omission of the Contractor. or any Subcontractor. or anyone directly or indirectly employed by or under the supervision of any of them in the prosecution of the operations included in this Contract. CONTRACTOR: ~;JjM1/ ~~~'7 HEID1AN LEIRER, dba SEWARD SER.~.IC.E / SUBSCRIBED AND SWORN To this ~ day DATE: November 4, 1987 ~ .1W. 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