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Home My WebLink About2012-2014 Contract Extension A A 1 of 29 Option to Extend Contract - Oak Park Heights - Veolia - Feb 2011 Option to Extend Contract for Refuse and Recyclable Collection: Jan 1", 2012 to Dec 31st 2014 The Contract For Refuse and Recyclable Collection - January 1 2004 Through December 31', 2008 (the 'Contract', affixed hereto as EXHIBIT A) between the City of Oak Park Heights, (the 'City') and Veolia ES Solid Waste, (`Veolia') including Addendum #1, was extended by the City in 2008 to remain in effect for an additional three years being 2009 through 2011. Pursuant to the terms of the agreed upon Contract Extension Agreement signed in December 2008, the Contract remained unchanged except for agreed upon amendments to Article III, Article IV and Section IV. A.3.d.,as well as a clarification on the distribution of recycling proceeds. These changes were explicitly enumerated in the agreed upon Contract Extension Agreement as affixed and incorporated hereto as EXHIBIT B. With the execution of this Agreement, the City is afforded an option extend the current Contract with Veolia, including previously agreed upon addenda or extensions, for an additional three years, being 2012, 2013 and 2014. • The City shall notify Veolia of its desire exercise its option to extend the Contract not later than Nov. l', 2011 otherwise the relationship shall terminate as of Dec 31', 2011. The extension once exercised by the City, via providing timely written notice to Veolia, would extend the terms and conditions of the original "Contract For Refuse and Recyclable Collection - January 1, 2004 Through December 31", 2008", Addendum #1 and the 2008 Contract Extension Agreement for an additional three years, being 2012, 2013 and 2014. Unless explicitly agreed upon in 'writing, other terms, definitions and conditions remain in full-force and effect. SS Fo Veolia Solid Waste NOTARyp M. PINSK/ ate" /I kl co UBLIC m maussi E , sorA pres J 31. David S. Schneider, Area Manager, Veoiia ES Solid Waste 2012 Notary: F. /. 4 of Oak Park Heights avo rAfy ..ia P nA / isozA date_2,11- _ I _ jEMV/FER ric ohnson, City Administrator f Notary 41;'coninss €::jlEA/ eti c- OA/ u K/ —12 111/ 2 of 29 Option to Extend Contract - Oak Park Heights - Veolia - Feb 2011 EXHIBIT A: Contract For Refuse and Recyclable Collection - January 1, 2004 Through December 31 2008 & Addendum #1 T 4 3 of 29 Option to Extend Contract - Oak Park Heights - Veolia - Feb 2011 a c a L, a L._. /1 - “E.ti — nyx 2, -2 CITY OF OAK PARK HEIGHTS CONTRACT FOR REFUSE AND RECYCLABLE COLLECTION January 1, 2004 Through December 31, 2008 I. PURPOSE OF CONTRACT r�Su,'�t, a3� air,. r .'�%d .� 5 �se rX3' 1:i„ * +'i Z,_ "Cant C,l o to ,,, e, to G hereinafter referred to as the Cantractor shall collect and properly dispose of all refuse, yard waste and recyclable materials set for collection from specified residential properties within the corporate boundaries of the City of Oak Park Heights at least once each week during the term of the Contract. Such collections shall include all residential properties having four (4) or fewer dwelling units in a single building by use of individual containers. The Contractor shall provide all personnel, equipment, and facilities necessary to fulfill the terms and conditions of this Contract. The Contractor shall provide said services in compliance with all applicable laws and shall charge for said services on a volume -based schedule. IL 'TERM RM OI+ CONTRACT The term of this Contract shall be a period of five (5) years conunencing January 1, 2004 and ending on December 31, 2008. The City at its option may extend the term of this Contract for a period of time not to exceed three (3) years beyond the original termination date. City shall provide written notice to Contractor of its intent to extend this Contract at least ninety (90) days prior to the terminiation of the original term. III. DEFINITION OF TERMS Additional collection service, shall include all items that are collected in excess of the maximum volume subscribed by a dwelling unit. Prices for this service are established in Attachment B. Lase dwelling unit price, shall mean the amount paid for and itemized as collection, disposal, and recycling services performed weekly and shall be expressed as a per dwelling unit rate, per month and further expressed for by gallon rates. Services provided for this price are defined in Attachment A. Container, means as an approximate: 90 -95 gallon, 60 -65 gallon, 30 -35 gallon or receptacle used to contain garbage and refuse. City ordinance provisions may further define and regulate garbage, refuse, and yard waste containers. Dwelling Unit, means a separate dwelling place with a kitchen or area for the preparation of food. 1. 4 of 29 Option to Extend Contract - Oak Park Heights - Veolia - Feb 2011 Garbage, means animal and vegetable waste resulting from the handling, preparaion, cooking, service and consumption of food. Large Items, mean typical household items too large to place in container, such as coupes, sofas, chairs, dressers, beds, mattresses, desks, tables, etc. Recyclables, are reusable or reprocessable materials approved and agreed to by the parties hereto. Recyclables include such items as newsprint, boxboard, corrugated cardboard, magazines, mixed mail, glass, plastic, bi -metal cans, aluminum, used motor oil, automotive batteries, tires, and other metal goods. Recycling container means a container supplied by the City, from the Contractor, to the dwelling unit to place commingled recyclable materials in for collection. Refuse, is solid waste from residences and City owned and operated buildings that is the result of normal operation, including garbage and rubbish and specifically excluding compost, yard waste, recyclables, and toxic and hazardous waste. Refuse further excludes industrial, commercial, agricultural, and construction garbage or rubbish and wastes. Rubbish is inorganic solid waste, including ashes, consisting of combustible and noncombustible wastes, dirt, household construction materials, cement, bricks, crockery, and other non - reusable waste. Rubbish also includes nonreoyclable types of glass, paper, cardboard, and metal cans. Toxic and hazardous wastes, are waste materials including but not limited to poisons, wastes, radioactive materials, flammable or explosive materials, and similar harmful chemicals and wastes which require special handling and must be disposed of in a manner to conserve the environment and protect the public health and safety. Volume based, refuse and garbage collection means the maximum limit of garbage and refuse a dwelling unit is permitted to dispose under the base dwelling unit rate. White goods, are large metal household items including refrigerators, freezers, microwaves, humidifiers, stoves, dishwashers, washers and dryers, water heaters, furnaces, air conditioners, televisions, water softeners and other such items. Yard waste, means garden wastes, leaves, lawn cuttings, weeds, shrub and tree waste, and prunings. NOTE: This definition is subject to change to comply with Minnesota or Washington County laws or rules. Yard waste receptacle, means a paper or plastic bag which is available commercially or a permanent container which is identified as containing yard waste or compost. Receptacle is not to exceed thirty -five (35) pounds. 2 J • • l ' '. 5 of 29 Option to Extend Contract - Oak Park Heights - Veolia - Feb 2011 SCOPE OF CONTRACT A. Collection Service Provided by Contractor 1. Refuse Collection a) All occupants of residential properties consisting of four (4) or fewer dwelling units in a single building in the City shall be required by ordinance to keep garbage or refuse in the following containers: i) A container of 90 -95 gallons or a limit of three (3) containers not to exceed a total of 95 gallons. ii) A container of 60-65 gallons or a limit of two (2) containers not to exceed a total of 65 gallons. iii) A container of 30 -35 gallons or a limit of two (2) containers not exceeding a total of 35 gallons. If the Contractor requires a specific type of container(s), the Contractor shall provide such container(s) at no additional charge to • the City or resident. aa) `fownh that have separate utilities and entrances are considered to be single- farnily homes. Housing structures that have five (5) to eight (8) units in them have the sole discretion of whether or not to be included in this Contract. The City, however, must be notified of their decision so as to include them or exclu.d.e there from the Contract. b) Refuse collection shall not include toxic and hazardous waste. c) The Contractor shall provide service and equipment as necessary for the collection and disposal of refuse from all City -owned or leased facilities, properties, and parks at no cost to the City. This provision shall not apply to City-owned property not used for municipal purposes. d) Refuse containers shall be placed at the curb on collection day, in a location easily accessible to motor vehicle pick -up. Containers must be placed properly for pick -up prior to 7:00 a.m. on the day of collection to insure service. 3 6 of 29 Option to Extend Contract - Oak Park Heights - Veolia - Feb 2011 e) Refuse in excess of the designated volume -base per dwelling • be subject to additional collection service charges as set forth in Attachment B and will be billed separately by the Contractor. f) Collection service for white goods and large items must have prior arrangements with the Contractor, via contacting the City at least 24 hours prior to the regular collection date. The City will then notice the Contractor via telephone for the collection. g) If any resident of the City places any items out for pickup and the item is not taken by the Contractor, the Contractor shall provide written notification to the resident of reason(s) for refusal to pick up the item. h) The Contractor shall make reasonable exceptions as to the manner of pickup for handicapped or disabled residents. i) The refuse collected in the City under the terms of this Contract may not be commingled or collected simultaneously with any other waste, refuse, recycl.ables or other debris. j) The Contractor shall provide the City confirmed load - tickets for all waste and refuse brought to the Refuse Derived Fuel - Processing • facility. Loads delivered to the Refuse Derived Fuel Processing facility shall not be comingled with other loads or debris and shall only contain wastes collected under the terms of this Contract, k) The City shall have the option to conduct a spring and fall and clean- up day for its residents during the term of this Contract. If this option is exercised, the City shall designate a Saturday in April or May and a Saturday in September or October as a spring and fall clean-up day respectively. Relirse shall be delivered by residents to a drop -off site that shall be designated by the City. The Contractor shall provide, at no additional charge to the City, collection equipment and labor to load and transport refuse collected at these events to the disposal site. Such provision of labor shall be not less than 6 staff members and 6 collection units (equipment) of adequate size and approved by the City. The Disposal (tipping) Fee will be paid by the City based on confirmed load tickets as originally supplied by the disposal facility then provided to the City. It shall be the City's responsibility to notify residents of the designated clean -up day. 4 • 7 of 29 Option to Extend Contract - Oak Park Heights - Veolia - Feb 2011 2. Yard Waste Collection a) Yard waste collections shall take place on Monday through Friday (both inclusive) with a schedule consistent with that of the refuse collection. The collection point will generally be made from the opposite side of the driveway from the refuse receptacles. Daily service hours shall not begin prior to 7:00 a.m. nor continue past 8:00 p.m. b) The Contractor shall collect all yard waste from residential properties having four (4) or fewer dwelling units in a single building at least once a week during the months agreed to by the City and Contractor, for the term of this Contract. c) All residential properties consisting of four (4) or fewer dwelling units in a single building in the City who wish to participate in the yard waste collection program shall place yard waste in biodegradable paper bags or a receptacle which is identified as yard waste. d) The Contractor shall deliver and deposit the yard waste materials to a site mutually agreed upon by the City and the Contractor. The Contractor shall not mix other types of refuse or inorganic materials with the yard waste or take any other types of refuse or inorganic materials with the yard waste or take any action so as to make the yard waste material unacceptable to the operators of the compost site. e) The City shall have the option of implementing an alternate payment method for yard waste collection services during the term of this Contract. If such alternate payment method is mutually agreed upon by both parties, compensation amounts paid to the Contractor shall be renegotiated.. f) The Contractor is responsible for informing residential customers of how to properly prepare yard waste for collection. If the Contractor fails to pick up yard waste at a residential customers location because it was improperly prepared, it is the Contractors responsibility to inform the residential customer how to properly prepare the yard waste material so that it will be acceptable for pickup. 5 8 of 29 Option to Extend Contract - Oak Park Heights - Veolia - Feb 2011 3. Recycling Collection a) Recycling collection shall take place at least once a week for each dwelling unit on the same collection day as refuse. The schedule shall be consistent with the weekly schedule of the refuse collection. Daily service hours shall not begin prior to 7:00 a.m. nor continue past 8:00 p.m. b) All residential properties consisting of four (4) or fewer dwelling units in a single building in the City who wish to participate in the recycling program will be supplied recycling containers, provided by the Contractor at no additional charge to the City or resident for commingled recyclable materials as agreed upon by the City and the Contractor. The City currently utilizes twenty gallon ( ±1 -) "blue bins" and owns such bins as used by residents. Use of these bins may continue at no additional charge to the Contractor. The Contractor may provide alternate containers as above. c) Collection of commingled recyclables from the curbside may include, at a minimum, newspaper, glass containers, aluminum, tin and steel cans, corrugated cardboard, magazines, mixed mail, box board, motor oil - if placed in a properly sealed storage container and plastic bottles with a neck of Code 1 and 2 as well as other plastics for which a market is available. The City may require additional materials to be added to identified recyclables upon 30 (thirty) days written notice to the Contractor. If collection of additional materials involves a cost increase, compensation to the Contractor may be renegotiated. d) The Contractor shall equip the City's designated drop -off site for the collection of recyclable materials as necessary and transport said materials to the market for sale. The equipment shall sufficiently accommodate the collection of the same recyclable materials as collected at the curbside, plus the collection of scrap metal. e) The Contractor shall deliver and deposit the recyclable materials to a licensed recycling market/center mutually agreed upon by the City and the Contractor. The Contractor shall not mix other types of refuse or inorganic materials with the recyclables or take any action so as to make the recyclable material unacceptable to the operators of the recycling market/center. The Contractor must report by individual materials and amounts where materials are delivered for recycling. Brokers or recyclable processors must have appropriate state and local permits or licenses. g) The Contractor must report household participation rates using a method acceptable to the City for all households placing recyclables 6 • 9 of 29 Option to Extend Contract - Oak Park Heights - Veolia - Feb 2011 out for collection and must report the participation rate within ten • (10) days of the following month. h) The Contractor is responsible for informing residential customers of how to properly prepare City - identified targeted recyclables for collection. If the Contractor fails to pick up a City - targeted recyclable item at a residential customers location because it was improperly prepared, it is the Contractors responsibility to inform the residential customer how to properly prepare the recyclable material so that it will be acceptable for pickup. i) The Contractor must provide monthly reports for all recyclable materials collected no later than the 10th. day of the following month. The required information includes original truck scale tickets and market receipts, showing the name of the Contractor and the market, the date of delivery to and receipt by market, and the net weight and type of material and the value for which the material is sold. Such report shall be prepared by the market and provided to the City prior to payment for such services. j) The City and Contractor will divide all proceeds from sale of recyclable materials at a rate of fifty (50) percent for each party. k) The recyclables collected. in the City under the terms of this Contract may not be commingled and /or collected simultaneously with any other waste, refuse, recyclables or other debris. B. Dis sal Services 1. The Contractor shall be responsible for the safe, legal and environmentally sound disposal of all refuse, yard waste, recyclables, white goods and any other items and materials collected under this Contract. 2. The Contractor shall dispose of all refuse or garbage at a Refuse Derived Fuel Processing Facility at which the operator has assumed all liability arising from the Solid Waste Disposal Act, the Comprehensive Environmental Response, Compensation and Liability Act; and similar federal and state statutes. The Contractor must advise the City and the City must approve in writing of its intended disposal site(s) not less than thirty (30) days prior to transportation of any refuse to said site(s). Any change in location shall also be reported to the City thirty (30) days prior to transport. Any deviation of this provision shall be considered a violation and default of this Contract. 7 10 of 29 Option to Extend Contract - Oak Park Heights - Veolia - Feb 2011 • 3. Except as otherwise provided in this Contract, the Contractor shall be responsible for payment of all disposal or tipping fees and related taxes; surcharges or tariffs applied to these fees or related to the weight, volume, strength or content of refuse and yard waste collected under this Contract. C. Service Schedule l . All collection service shall be conducted between the hours of 7:00 a.m. and 8:00 p.m. on Thursdays. When an emergency shall exist, the Contractor shall notify the City of such emergency conditions and arrange for alternative collection. The Contractor may perform collection services on Saturday when a holiday falls on a preceding weekday. 2. Collections shall be performed in accordance with a schedule of pick -ups to be established by the Contractor and submitted in writing to the City Administrator for prior approval. The schedule shall include the areas in which pick -up will be made each day of the week and how many vehicles will be used in the area. Each dwelling unit shall have its refuse collected a minimum of once a week. a) The Contractor may request a change in the clay of pickup by requesting such change in writing to the City at least twenty -one (21) days prior to the proposed elate the requested change is to take effect. .A change shall be effected only upon written authorization from the City and fourteen (14) days notice to the residents by the Contractor. b) The Contractor shall bear all costs involved in notifying residents of approved schedule changes. c) The Contractor may request a change in the route schedule by requesting such change in writing to the City at least thirty (30) days prior to the proposed date the requested change is to take effect. A route change shall be effected only upon written authorization from the City. • 3. The Contractor shall not be required to make regular collections on New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, or the days legally observed in recognition of these days, provided that the routes are collected reasonably in advance thereof or thereafter in the opinion of the City Administrator, and the weeks schedule shall be completed regardless of the holiday. It shall be the Contractors responsibility to notify residents of any changes in the collection schedule as a result of said holidays by placing a notice of not less than six (6) square inches in the City's official newspaper. 8 11 of 29 Option to Extend Contract - Oak Park Heights - Veolia - Feb 2011 4. Only such pick -ups shall be made as have been authorized by the City. The • Contractor shall not be entitled to payment for any pick -up(s) made and not authorized by the City. a) In the event that a dwelling unit has been authorized for refuse service and the City wishes to discontinue or suspend such service at such residence, the City shall notify the Contractor to that effect at least one (1) week prior to the date of discontinuance of such service. b) The Contractor shall advise the City of any request by the owner or occupant of a resident that refuse service shall be discontinued or suspend within one (1) week from the time of such request. c) Residents may have service suspended for extended absences over thirty (30) days with a ten (10) day notice to the Contractor. An administrative charge of ten dollars ($10.00) shall be billed to the homeowner. Administrative charges shall remain the property of the City. The City shall be kept apprised of these changes. 5. The City reserves the right to improve any street or alley, which may prevent the Contractor from traveling his /her accustomed route or routes for collection. The Contractor shall contact the Public Works Department prior to each construction season to determine areas of conflict and possible alternate routes or solutions. No additional compensation will be made for this interference. D. Performance Standards 1. Equipment a) The Contractor shall. make all collections of refuse, compost, and recyclables in water - tight metal receptacles or vehicles with closed tops so constructed that their contents will not leak, spill, or scatter therefrom. Should any refuse, compost, or recyclables be dumped or spilled in collecting or transporting, it shall be immediately cleaned up. A broom and shovel in good usable condition should be placed and maintained on each vehicle for this purpose. Receptacles and vehicles shall be kept clean and as free from all offensive odors as possible and shall not be allowed to stand in any street, alley or other location longer than is reasonably necessary to collect refuse, compost or recyclables. b) All vehicles shall be painted and marked tmifonnly and shall have the haulers name and telephone number prominently displayed in letters of a contrasting color, at least three (3) inches high, on each side of the vehicle. 9 • 12 of 29 Option to Extend Contract - Oak Park Heights - Veolia - Feb 2011 c) The Contractor shall keep all equipment used in the performance of the work in good operating condition and in a clean, sanitary condition shall thoroughly disinfect each vehicle at least once a week unless the same has r ^` been used since the last disinfection thereof, and shall thoroughly insp each vehicle as necessary. They shall be equipped to meet all federal, state, and municipal regulations concerning vehicles used on public roads and maintained to meet these standards. Equipment is subject to periodic inspection by the City. d) Description of Vehicles. The Contractor shall furnish the City with a written description of all vehicles and equipment to be used within the City of Oak Park Heights and in the performance of this Contract and shall advise the City in writing of any withdrawal of a part of such equipment or of any change therein within one (1) week of the time of making such a change. e) Safety Equipment. Each collection vehicle shall have a flashing light warning system, fire extinguisher, and proper back -up alarms as approved by the City. 2. Personnel Requirements a) There shall be no limitation on the size of the haulers collection crew so long as these are sufficient personnel to fulfill the requirements of the specifications and Contract herein. b) Contractors employees shall handle all containers with reasonable care to avoid damage, replace the containers in an upright position on the boulevard adjoining the curb, and dispose of any contents which may be spilled in a workmanlike manner. Contractors employees will also report to the Contractor any violations of regulations as they observe in the performance of their work. Employees shall not be under the influence of alcohol or drugs, shall be of a presentable appearance, perform work in a neat and quiet manner, and at all times be courteous to the public in the performance of their duties. 3. Supervision a) A full -time superintendent of collections shall be employed by the Contractor, and shall be the representative of the Contractor under this Contract. The Superintendent shall be on the job within the City during normal hours of collection operations and shall maintain proper schedules for collection. The superintendent shall have supervisory duties that shall include servicing of complaints. The City shall have direct communication access via phone or radio to superintendent to facilitate prompt servicing of complaints. 10 13 of 29 Option to Extend Contract - Oak Park Heights - Veolia - Feb 2011 b) All services to be performed for the City by the Contractor pursuant to the terms of this Contract shall be supervised by such employee, agent, or officer of the City as the City Administrator shall designate. The designated inspector may have access to all of the Contractors Oak Park Heights records and equipment at reasonable times. 4. Complaints a) The Contractor shall establish and maintain, in a location approved by the City, an office with continuous supervision for accepting complaints and resident calls. The office shall be in service during the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday, except holidays and as specified in the Contract. Address and telephone number of such office and any changes shall be given to the City in writing. The Contractor shall make provisions for local publication of its telephone number with Qwest. b) Whenever the City or a resident notifies the Contractor of a location which has not received scheduled service, the Contractor is required to service such location no later than the following working day from the time of complaint. A record of all complaints and action taken thereon shall be kept by the Contractor and reported monthly to the City. The Contractor shall answer all complaints courteously and promptly. Verified failure to make a pick -up or follow -up on a complaint shall be cause to deduct twenty -five dollars ($25.00) as liquidated damages from the monthly payment by the City. 5. Legal Compliance a) The Contractor shall comply with Ordinances of the City and the laws and regulations of the State of Minnesota and its agencies relating to sanitation and the collection and disposal of refuse, recyclables, yard waste, and any other items and materials collected under this Contract in effect during the term of the Contract. b) The Contractor shall report all violations of ordinances pertaining to refuse collection and disposal for enforcement purposes including all unsanitary and filthy conditions to the City Code Enforcement Office. 6. Safety The Contractor shall provide and maintain all sanitary and safety accommodations for the use and protection of its employees as may be necessary to provide for their health and welfare and comply with federal, state, and local codes and regulations, as well as those of other bodies and tribunals having jurisdiction. Employee safety 11 14 of 29 Option to Extend Contract - Oak Park Heights - Veolia - Feb 2011, and sanitation facility regulations are set forth in Minnesota Statutes 182 and in the Department of Labor and Industry's Labor Safety Code (LISC 73 -75). 7. Records and Reports The Contractor shall keep and maintain complete and accurate records in accordance with generally accepted accounting practices. The Contractor shall provide the City with a report of the volume or weight of the refuse, recyclables, and yard waste collected in the City and redemption value. Such reports shall be submitted by the 10th day of each month, reporting for the previous month. 8. Other Collections Multiple and other family residential units not included within this proposal for municipal collection shall have the right to directly pin the same services at the same rates from the Contractor as are provided to the City. The Contractor shall offer such services to the multiple family units during the term of this Contract. All such services as provided shall be by separate contact between the Contractor and the owner /property manager of the multiple unit complex. Valley Senior Services Alliance currently operates several hundred units of senior and assisted living housing in the City of Oak Park Heights. VSSA and its project are to be offered the opportunity to directly purchase services at the same municipal rate from the Contractor by private contract as their units become available for occupancy. Other residential d.eveloprnents in the community, to include twinhomes, townhome.s, condominiums, and apartment complexes, will have the right to directly purcl services from this Contract. Special arrangements and negotiations will have to take place to arrange such. V. PAYMENT METHOD A. Bach month the City will compensate the Contractor on or before the loth of each month, according to the rates set forth in Attachment A, for collection of refuse and recyclables upon the basis of the number of dwelling units serviceable each week, by a volume -based method. The actual number of dwellings serviced shall be determined from the invoices issued by the City to customers for refuse service for the preceding service month. B. The total number of such residential units as of January 1, 2004 is agreed to be approximately 107j residential units. Additions or deductions in the number of units collected shall be subject to the verification and agreement between the City and the Contractor. 1. The City will supply a record of accounts and adjustments to the Contractor on a monthly basis. 12 15 of 29 Option to Extend Contract - Oak Park Heights - Veolia - Feb 2011 2. The City will notify the Contractor of the dwelling units that make changes in their billing rate. C. If a spring and fall clean -up day is initiated, the payment for disposal fees shall be made the following month and. included in the monthly compensation set forth in Section N. A. D. The City or the Contractor may initiate adjustments as follows: 1. On April 1st of each year, either party may request adjustments to the collection and recycling fee of the Contracts base dwelling unit rates on the basis of 75% of the percent increase or decrease in the Private Transportation Consumer Price Index (CPI) Minneapolis -St. Paul, for the twelve (12) month period ending the previous calendar year. Such changes shall be effective July 1st of the year requested and when agreed upon in writing by both parties. 2. The Disposal Fee identified in Attachment A shall. increase or decrease corresponding with the percent of increase or decrease of Disposal Fees (tipping fees) paid by the Contractor. The Contractor must provide a sworn statement of Disposal Fees effective for Jan 1, 2004 with proposal. documents. Either party may request an adjustment in the Disposal Fee upon a fifteen (15) day notice due to an increase or decrease in the Disposal Fees. Adjustments may also be made upon the basis of a decrease in the amount of solid waste generated due to the abatement of solid waste generated or the exclusion of recyclable or compostable materials from the solid waste stream upon mutual written agreement of both parties. F. The base dwelling unit prices will be established in Attachment A of this Contract. G. Additional collection services. Charges for pickup of additional items and for additional service shall be made directly to the resident owner by the Contractor at a rate approved by the City Council. The additional collection service price will be established in Attachment 13 of this Contract. Said rates may only be increased if approved by the City. 1. The Contractor shall be responsible for the billing of additional collection services to the dwelling unit. 2. The Contractor may request the City to charge all accounts delinquent for ninety (90) days on the customer's utility bill pursuant to a process approved by the City. Said collection shall be limited to rates approved by the City and shall be subject to a City approved appeal process. 13 16 of 29 Option to Extend Contract - Oak Park Heights - Veolia - Feb 2011 H, The City will not collect City or other imposed taxes, charges or fees for the Contractor that are not incorporated into this Contract. IV. INSURANCE, BOND AND INDEMNIFICATION A. Insurance During the entire period of the Contract, the Contractor shall maintain, at its cost and expense, and file with the City, policies or certificates of Workers Compensation and Liabil.ity Insurance. Minimum Insurance policy coverage requirements are $500,000 bodily injury per person, $1,000,000 aggregate per occurrence, and $500,000 property damage. All policies evidencing insurance required by this Paragraph shall name the City and the Contractor as named insureds, and shall insure the City and the Contractor by reasons of any act or omission, including negligence, of the Contractor or of the Contractor's employees or agents in connection with the performance of this Contract, including claims arising out of the use of or operation of any vehicles used by the Contractor or the Contractor's employees or agents in performing this Contract. Such policies shall be in form and content satisfactory to the City Attorney, and shall be filed with he City Clerk. A certificate showing that the Contractor has in effect the aforesaid insurance covering both the Contractor and the City, shall be filed with the City Clerk within ten (10) days from the execution of the Contract, and yearly thereafter, at least thirty (30) days prior to the date of the expiration of said policies of insurance for each year of the Contract. All of the foregoing policies shall be issued by an insurance company or companies licensed to do business in the State of Minnesota and authorized to assume the risks covered thereby. Memorandum policies and receipts for the payment of premiums shall be filed with the City showing payment of premiums for at le- ' one (1) year in advance and on each renewal date provided therein. B. Performance Bond The Contractor shall, prior to the effective date of this Contract, execute and deliver to the City a performance bond in the sum of $50,000 conditioned upon the faithful performance of the Contract. In addition, to further protect the City in the event the Contractor fails to properly perform under the Contract, the Contractor shall pledge to the City all receivables collected by the City and not paid to the Contractor, and all. receivables not yet collected by the City. This Contract shall not become effective until such bond has been delivered to the City in form acceptable to the City Attorney, and has been accepted by the City. Such bond shall be filed with the City Clerk within ten (10) days from the execution of this Contract and shall remain in effect until the expiration of this Contract. In the event the Contractor fails to properly perform under this Contract, the City may take whatever action is necessary to secure substitute refuse collection for the remainder of the Contract term, and may use the proceeds of the bond and /or receivables mentioned above to pay for the difference between the rates provided by the Contract and the actual cost of such substitute service subject to Section IX. 14 17 of 29 Option to Extend Contract - Oak Park Heights - Veolia - Feb 2011 C. Indenunfica.tion The Contractor agrees to indemnify and hold harmless the City, its agents, officers, and employees from any and all claims, causes of action, liabilities, losses, damages, costs, expenses including reasonable attorneys fees, suits, demands and judgements of any nature, because of bodily injury to, or death of, any person or persons andlor bec ause of damages t o property of the Contractor or others, including loss of use from any cause whatsoever, which may be asserted against the City on account of any act or omission, including negligence, of the Contractor, or the Contractors employees or agents in connection with the Contractors performance of this Contract. The Contractor agrees to defend any action brought against the City on any such matters, and to pay and satisfy any judgment entered thereof together with all costs and expenses incurred in connection therewith. The City shall in no way be liable for any claims or charges incurred by the Contractor in the performance of this Contract. VII. NONDIS CRIMINATION A. Guaranty of Non - Discrimination The Contractor agrees that during the life of the Contract, the Contractor will not within the State of Minnesota, discriminate against any employee or applicant for employment because of race, color, creed, national origin or ancestry, or sex, and will include a similar provision in all subcontracts entered into for the performance thereof. The Contract may be canceled or terminated by the City, and all money due or to become clue may be forfeited for a second or subsequent violation of the teams or conditions of this Paragraph. This Paragraph is inserted in the Contract to comply with the provisions of Minnesota Statutes, 181.59. VIII. TRANSFER, ASSIGNMENT AND LIENS A, Transfer or Sale The Contractor will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Contract or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City, which approval will not be unreasonably withheld. The City shall be entitled to require, except as otherwise provided in this Contract, as conditions to any such approval that: 1. Any proposed transferee shall have the qualifications and financial responsibility, as reasonably determined by the City, necessary and adequate to fulfill the obligations undertaken in this Contract by Contractor; and, 2. The transfer does not create an anti - trust situation in the local refuse hauling industry that is contrary to the public interest of the residents of Oak Park Heights; and, 15 t L 18 of 29 Option to Extend Contract - Oak Park Heights - Veolia - Feb 2011 3. Any proposed transferee, by instrument in writing satisfactory to the City for itself and their successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of service under this Contract and agree(' be subject to all the conditions and restrictions to which service is subject. It is intent of this Section VIII.A.3, together with other provisions of this Contract, that law and equity emitted by 1 and excepting only in the manner extent e Y (to the fullest c p and to the extent specifically provided otherwise in this Contract) no transfer of, or change with respect to, ownership or any part thereof, or any interest therein, however, consummated or occurring, whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from this Contract; and, 4. There shall be submitted to the City for review all instruments and other legal documents involved in affecting such transfer, and if approved by the City, its approval shall be indicated to the Contractor in writing. The proposed transferee shall submit to the City for review all bonds, insurance policies, and any and all other documents required by this Contract, and if approved by the City, its approval shall be indicated to the proposed transferee in writing. B. Payment of SubContractors and. Employees; The Contractor shall promptly pay all persons doing work or furnishing skills, tools, machinery, or materials or insurance premiums or equipment or supplies and all just claims for such work, material, equipment, insurance and supplies in and above the performance of this Contract. IX. TERMINATION A. It is understood the essence of this Contract is high quality service to residents of the City of Oak Park Heights. As such, if the City d.eterrnines that the Contractor is in breach of any provision of this Contract, a written notice will. be sent to the Contractor allowing him thirty (30) days to comply. Failure by the Contractor to comply with the Contract by the end of the thirty (30) day period the City will terminate the Contract and shall be released of its obligations. Moreover, the City shall retain all performance pledges obligated to that time. B. If the Contractor continually fails to comply with the terms of this Contract the City shall have the option to temainiate this Contract and the City shall be released of any and all obligations. C. Upon any failure of the Contractor to fulfill any of the provisions of the Contract, the City Administrator shall be authorized to hire services and equipment, or assign City employees and equipment, as may be necessary l to do such work due the expenses , may be charged and deducted the from any Contractor, or collected by recourse to the Contractor's bond or financial guarantee instrument submitted. subject to this section. e 16 19 of 29 Option to Extend Contract - Oak Park Heights - Veolia - Feb 2011 X. ENTIRE AGREEMENT This Contract with Attachments A & B, incorporated herein by reference, is the entire Contract between the parties. No modification of this Contract shall be valid or effective, unless made in writing and signed by the parties hereto. IN WITNESS WHEREOF, The City of Oak Park Heights and Onyx Waste Services, Inc. (Contractor) have executed this Contract the day and year written below. a SERVICES MIDWEST, WASTE SLR ICES MIDWEST, INC. CITY i t • �t . � IIEI (CONTRACTOR) `, , �i , er r By_ D i e it Mayor By Mr. Mayo Rude, G)a al Manager y'` • _.__. l ° 2 1) / Eric Jol • , City Administrator Date: /// Date: CERTIFICATES OF ACKNOWLEDGMENT STATE OF MINNESOTA COUNTY OF WASHINGTON On this )D day of _ l og t ,g 2 2003 before me personally vrl C to me known, who, being duly sworn, did say he is the 1 6eYI ' " �t [ /17 , of 0/7 < - ry I cr 5. / , and may execute such documents on behalf of said corporation. °+%n:•::✓�,�?J` :�rper q:E�'c .zru €'+,r;.x= ./'r`.::/7 ,. wtak. a JULIE& HULTMANI NOTARY wade- mINNEsOTA my Commission Expos Jai. 31, 2005 ary Public �MXL� STATE OFMINN- COUNTY OF WASHINGTON �tc� !)e e-eh3 be I - On this .2 day of, 2003 before me personally appeared David I3eaudet and Eric Johnson to me known, to be the Mayor and City Administrator, respectively, of the City of Oak Park Heights, who, acknowledged that they executed the same as his free act and deed on behalf of the City of Oak Park Heights being fully authorized by said municipal corporation to do so. f/ • . tar Public , JULIE R. JOHNSON +!r_, NOTARY PUBLIC - MINNESOTA Y WASHINGTON COUNTY My Comm, Expires Jan, 31, 2005 vw m 17 20 of 29 Option to Extend Contract - Oak Park Heights - Veolia - Feb 2011 THIS PAGE LEFT INTENTIOANLLY BLANK 18 21 of 29 Option to Extend Contract - Oak Park Heights - Veolia - Feb 2011 PROPOSAL FORM City of Oak Park Heights 2004.2008 Residential Refuse and Recycling Contract To: City of Oak Park Heights i /we the undersigned, having reviewed the specifications and instructions to bidders and information made available from the City, do hereby submit this proposal to provide all labor, disposal arrangements, and other resources necessary to meet the specifications and requirements. Attachments A and B hereto shall constitute this proposal and, if selected, incorporated into the succeeding Contract. Date: tha 7 P 4)13 Official Name and Address: Title 4 22 of 29 Option to Extend Contract - Oak ric et MEKepliA maw 2 • A TTACHMENT A (See instructions on page 2 of Attachment A) INSERT YOUR MONTHLY RATES FOR COLLECTION AND DISPOSAL OF REFUSE, RECYCLING, APPLIANCES AND YARD WASTE 30 -35 60 -65 90 -95 Gallon Gallon Gallon Disposal Feel , 3, 1 tp Collection Feet 6 4 4 to Recycling Fees o Yard Waste Feet' < 3C) 1 0 1, 0 Appliance Disposal Fee 5 , -);) , -J o TOTAL Base Dwelling Unit Price C � ∎ CV $ 11 r t , c� 1) Disposal Fee of refuse /waste (including all taxes, surcharges and tariffs), is based on of $38.00 per ton. SEE PAGE 2 of 2. 2) Base collection fee includes the cost of regular weekly collection, including collection and transportation and disposition of• refuse /waste materials as identified in the Contract to Refused Derived Fuel Facility, one Christmas tree per household , a spring and fall clean -up per Article IV. A.k., Large Items , monthly publication of a two- column by six inch promotion or educational illustration in local newspaper, regular weekly service at City facilities without charge. 3) Included in the recycling fee: cost of regular weekly curbside collection of commingled recyclables as defined in the Contract, collection and transportation and disposition of recyclables to market for sale/reuse, collection of phone books once per year, providing a drop -off center, and payment of 50 percent of redemption value of all recyclables to theCity. 4) Standard monthly charge for collection, transportation and disposal of yard waste. Yard Waste must be bundled or bagged, no longer than five (5) feet or heavier than forty(40) pounds. 5) Standard monthly charge for collection, transportation and disposal of all White Goods. 23 of 29 Option to Extend Contract - Oak Park Heights - Veolia - Feb 2011 ATTACHMENT 13, page 1 of 1 ATTACHMENT B ADDITIONAL COLLECTION SERVICE CHARGES TO BE BILLED BY THE CONTRACTOR DIRECTLY TO THE HOMEOWNER EXTRA REFUSE _ l • � J D Y /30 gallons xi , DD. /15 gallons NOTE: - CONSTRUCTION ROLL -OFFS ARE NOT INCLUDED IN THIS PRICING, NOR ARE THEY CONTROLLED OR MANDATED BY `FINS CONTRACT. Please indicate the name of the facility, contact name, phone number and address of the Ref lase Derived Fuel Processing Facility to be utilized for the disposition of the waste generated under the terms of this Contract: n c1 CD1 1L36 Please indicate the name of the facility, contact name, phone number and address of the Recycling .Facility to be utilized for the disposition of the recyclables generated under the terms of this Contract: v.yr u e @.l. _141 1 tD �l�l- 157 1 . • • ' 24 of 29 Option to Extend Contract Oak Park Heights - Veolia Feb 2011 �� MONTHLY FEES ~ �� m �� CURRENT ^'~~'^`�,�,__ _ _____ 30'35 60-65 90-95 Gallon Gallon Gallon Disposal Fee 2.05 3.27 4.90 Collection Fee 5.19 5.26 5.34 Recycling Fee 2.20 2.20 2.20 Yard Waste Fee 1.00 1.00 1.00 .30 .30 .30 Applianee Disposal Fee IOIAI, 10.74 12.03 13,74 Base Dwelliiig Unit Price • Addendum #1 25 of 29 to t lon to Extend Contract - Oak Park Heights - Veolia - Feb 2011 Contract For Refuse and Recyclable Collection January 1, 2004 through December 31, 2008 City of Oak Park Heights and Onyx Waste Services Midwest, Inc ( "Contractor ") The following items are a clarifcation to the above Contract: Item 1) Collection and disposal of miscellaneous "Construction Material" such as wood, plaster, sheetrock, windows, doors and paneling that is not placed in the specified trash container is not included in the Contract for separate collection and will be charged a separate collection fee. Item 2) When additional "Construction Material" is placed for extra curbside collection the resident will be billed at a prorated rate of $13.00 per cubic yard. Should more than one cubic yard be billed, the Contractor shall provide a written detail of what is collected with the original invoice as sent to the resident. Failure to provide such written detail with the original invoice will result in such additional fee being void. Item 3) In lieu of paying this $13.00 charge, residents may also bag these materials in 30- gallon plastic bags. The disposal fee for each bag of these materials or other items is $1.50. Such bags may not be overfilled so they break from basic handling by the Contractor. Item 4) The following Construction related items are also charged for extra disposal as detailed: Toilet $10 Sink $ Bathtub Fiberglass $ Cast Iron $ Shower Enclosure $10 Carpet $4.00 per roll (no larger than 2' in diameter and 5' long.) Residents may place carpet in their waste bins at no extra charge or may place in smaller sections in 30- gallon plastic bags for the$1.50 per bag fee. The items under this subheading (Item 4) are not included in the cubic yard calculation as outlined in Item 2 above. There shall be no double billing. In lieu of paying these charges, residents may also dispose of these materials by breaking these down and placing them in their trash container or in 30- gallon plastic bags. The disposal fee for each extra bag of these materials or other items is $1.50. Such bags must not be overfilled so they break from basic handling by the Contractor. Item 5) As stated in the Contract, the following items are collected by the Contractor at no additional charge - (per Definition of Terms - page 2 of Contract) : White goods - large metal household items including refrigerators, freezers, microwaves, humidifiers, stoves, dishwashers, washers and dryers, water heaters, furnaces, air conditioners, televisions, water softeners and other such items, and; Large Items - typical household items too large to place in container, such as couches, sofas, chairs, dressers, beds, mattresses, desks, tables, etc. v ' � — � ' z_.i. Dat ? 6' For Contra or - Ma >• ° "'t!* :` e H it } j )Y x aste Services Midwest, Inc. NOTARY PUBLIC - MINNESOTA L 4:1-4 L/ 1 ? . MY CONOtA>! `�i§5a re: f�,(1, v g �/J 1?: ° JAtf lIsfigd.04 vide tamp i e� 1 Date J4-0X •o Oa/LIE • k Heights - Eric Johnson, City Administrator - Cty of Oak Park Heights N AAAA In Notar of signature: 4 R o $ i R. JOHNSON y ARY PUBLIC - MINNESOTA Please provide stamp ',y WASHINGTON COUNTY My Comm Expires Jan. 31, 2005 tl 0 4 26 of 29 Option to Extend Contract - Oak Park Heights - Veolia - Feb 2011 EXHIBIT B Contract Extension Agreement (signed December 2008) 27 of 29 Option to Extend Contract - Oak Park Heights - Veolia - Feb 2011 Contract Extension Agreement: Agreement to Extend the Contract for Refuse and Recyclable Collection with Amendments Pursuant to the "Agreement to Amend the Contract For Refuse and Recyclable Collection" between the City of Oak Park Heights, ( the `City') and Veolia ES Solid Waste, ( `Veolia') the City of Oak Park Heights may at its option extend the current Contract between the City and Veolia for a period of time not to exceed three years. This option must however be exercised by a date not later than Dec 1 2008. The City and Veolia with the execution of this Contract Extension Ag reement do here by jointly agree to extend the "Contract For Refuse and Recyclable Collection - January 1, 2004 Through December 31 2008 "_thru December 31 2011 including the following amendments: Article I I I . SCOPE OF CONTRACT A.3. (e) , the following language is added: The City and Veolia agree that effective January 1 2009 that Veolia shall take all collected recyclable materials to the Eureka Recycling Facility located in Minneapolis, MN., to be processed by Eureka Recycling, Inc. In consideration of the City designating a specific location for its collected recyclable materials, the City's Recycling Fee shall be increased from the current monthly rate of $2.28 per household unit to $2.64. The City may, upon ninety (90) day written notice to Veolia, alter the requirement of such delivery of recyclables to Eureka Recycling and may revert to the current processing provider, (Allied Waste) at the current Recycling Fee of $2.28 per month plus any subsequent incremental rate increases as agreed upon. The City may alternatively select another provider other than Allied Waste that meets the minimum requirements of the Contract, but the Recycling Fee would be negotiated between the City and Veolia. It is understood that the there shall be no alterations of service delivery as currently provided by Veolia to City residents nor additional requirements on the part of City residents to prepare recyclables. Both the City and Veolia shall engage and invest in educational materials to inform City residents as to new options for recycling that are now available from Eureka Recycling. Page 1 of 2 OPH - VEOLIA Contract Extension r , 1 , 28 of 29 Option to Extend Contract - Oak Park Heights - Veolia - Feb 2011 Article V. Payment Method, the following paragraph is added: The City and Veolia also agree that effective January 1 2009 that Veolia may request additional collection rate increases from the City and is not solely limited to request rate increases as outlined in Section V.D.1 of the Agreement. Upon the receipt of a bona -fide rate increase request, which must include supporting documentation, the City shall review and consider such request and render a decision within 30 business days. Veolia may not seek more than two rate increases per calendar year. The City and Veolia also agree that Section IV. A.3. d ( recycling drop -off center) is deleted, however Veolia consistent with past practice and at no additional cost to the City, shall supply all City `clean -up days' with reasonable apparatus and equipment to accept all recyclable materials as defined in the Contract. The City and Veolia also agree that any distributions of recycling proceeds would be sent directly to each party in amounts consistent with the current Contract. All other terms, definitions and conditions remain in full -force and effect. For: Veolia ES Solid Waste 1°'c ,d _1 c f , date I ' t' : F. . Paul Leding, G Manager . Notary: 1 =, 1 / s i �_...- \k - -.- 1 . _ � s f fit : _- 1 _._ .�« f r 0 ` P � -._. date I it : NO ARY PUFJL JENNIFER JC M - MINNEBOTA INSKI Thomas ( Chris) Hove, Municipal Manager 1 My Commission Expires Jan 31 2012 ,, - - . _ ..� -.T. •., ,y., Notary: 1 1 A G�� / / / \,,, - ` JENNIFER M PINSKI For: / q, Oak Park Heights t NOTARYPUBLIC - MINNESOTA ti i ' My Commission Expires Jan 31, 2012 q - ° date I -1 -(26 //' is Johnson, City Administrator V Nota �, " JENNIFER N PINSKI 2 ry' �� 1 t`se NOTARY PUBLIC - MINNESOTA 8 /\,_ My Commission Expires Jan 31, 2012 ti r ' i ./:r. -- ✓,/ �., r. ,- .- 1.r...—i..i...r,.�1- .,,,- -• 7 Page 2 of 2 OPH - VEOLIA Contract Extension w , 29 of 29 Option to Extend Contract - Oak Park Heights Veolia - Feb 2011 ziVe ��~, of ��~~�.l[� City A�8 Oak Park Heights 14168 Oak Park Blvd. N° Box 2OO7° Oak Park Heights, wm55VS2= Phone (*5l)4s9-4*3Y° Fax (65\)x3p-0574 December 29m.20O8 Mr. Brian Ukena Director of Business Development 2828 Kennedy 3t. Minneapolis, MN 55413 RE: Delivery of Veolia Recycling Coflected in Oak Park Heights Dear Brian, As we have discussed, the City of Oak Park Heights has execuled an agreement with VEDL|A to deliver our recyclables to your processing facility. One item that we needed to clarify, but which was also discussed, is thaf after EUREKA has extracted the $50.00 processing fees on the total values of recyclables, EUREKA Recycling would issue the City a check directly for 50 percent the generated recyclable values, the other 50 percenf would be paid to VEOLIA. Please nnoi| the City's check to: City of Oak Park Heights Attn: Judy Hoist, Finance. Director P.D. Box 2D07 Stillwater, MN 55082 Thanks for all your help Regards, , Eric JOhnson °°/"" Co: Judy Hoist, " Director 1r Chris Hove, VEOLIA � Weekly Notes