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Home My WebLink AboutUntitled (3) I Bond No 104155071 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we, Onyx Waste Services Midwest, Inc., as Principal, and Travelers Casualty and Surety Company of America, licensed to do business in the State of Connecticut, as Surety, are held and firmly bound unto City of Oak Park Heights (Obligee), in the penal sum of Fifty Thousand & 00/100 ($50,000,00)Dollars, lawful money of the United States of America, for the payment of which sum,well and truly to be made, the Principal and Surety do bind themselves, their heirs, executors, administrators, and successors and assigns, jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has entered into a certain written Contract with the above named Obligee, effective the 1" day of January, 2004, and terminating the 31" day of December,2008,for Refuse and Recyclable Collection and more fully described in said Contract, a copy of which is attached,which agreement is made a part hereof and incorporated herein by reference, except that nothing said therein shall alter,enlarge,expand or otherwise modify the term of the bond as set out below. NOW, THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and faithfully perform the Contract, according to the terms, stipulations or conditions thereof, then this obligation shall become null and void, otherwise to remain in full force and effect. In the event that the Principal has failed to promptly and faithfully perform the Contract, the Surety shall, at its option, either perform the Contract in accordance with its terms and conditions or pay to the Obligee the amount of the bond penalty, or such amount that is necessary to cure such failure to perform. This bond is executed by the Surety and accepted by the Obligee subject to the following express conditions: 1) Notwithstanding the provisions of the Contract, the term of this bond shall apply from January 1, 2004, until December 31, 2004, and may be extended by the Surety by Continuation Certificate. However, neither non-renewal by the Surety, nor the failure or inability of the Principal to file a replacement bond in the event of nonrenewal, shall itself constitute a loss to the obligee recoverable under this bond or any renewal or continuation thereof. The liability of the Surety under this bond and all continuation certificates issued in connection therewith shall not be cumulative and shall in no event exceed the amount as set forth in this bond or in any additions, riders, or endorsements properly issued by the Surety as supplements thereto. 2)No suit or action may be commenced hereunder by the Obligee after the earlier of two years from the expiration date of the Contract or two years from the effective date of non-renewal of this bond by the Surety. At such date,this bond shall become null and void, and the Surety shall have no liability hereunder. Sealed with our seals and dated this 19"'day of November,2003. Onyx Waste Services Midwest,Inc. (Principal) (Seal) no seal 8 - - •-..._ 77/ j‘ Heidi J. Pot (Witness) Mary Amr in, Assistant Secretar 'itle) Travelers Casualty and Surety Company of America V Maria D. Garcia (Attest) iqueli Kirk, (Attorney-in-Fact -...1r114111 A: ee+ and ac • 1 dged this?day of �tin ,20 n 3 P 11 (Witness) �'~ (Obligee) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 4th day of February,2003. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY }SS.Hartford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD � Jr�iY ANp �GASUq �i f cGp ? ksu4,�y} }o, ' HARTFORD, t t7 X19$2�' O By CON"' �,a George W.Thompson b1 ��j' b}" • ''`' Senior Vice President On this 4th day of February, 2003 before me personally came GEORGE W. THOMPSON to me known, who,being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. a XY"\.(1.A.k..2.0 C.,, tkrittilLadi. My commission expires June 30, 2006 Notary Public 1it.t Marie C.Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority,are now in force. Signed and Sealed at the Home Office of the Company,in the City of Hartford, State of Connecticut.—Dated.this 19th day of November ,2003. 4.00004. gJ*LSY A*0 Gosu."4 _ (�C B cr HARTFORD:Gy< (4.45:1:9:8442:0 y '• w • CONCH. a CONK e° 5 Kori M.Johanson `d1 0 Assistant Secretary, Bond M I TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Donald R Gibson, Robert L. Bruce, Sandra R. Parker, William Martin, Tannis Mattson,Jacqueline Kirk,Terri Morrison,Melissa Haddick, of Houston, Texas,their true and lawful Attomey(s)-in-Fact,with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking and any and all consents incident thereto and to bind the Companies,thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any'Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or'(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile(mechanical or printed)under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON'CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. r • Travelers IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. City of Oak Park Heights s, "; 14168 Oak Park Blvd N.•Box 2007•Oak Park Heights,MN 55082•(651)439-4439•Fax 439-0574 December 2,2003 Mr.Mayo Rude Onyx Waste Services 1375 7th Ave. Newport,MN 55055 RE:2004-2008 Contract Mayo, For you files,you will find copies of the executed/accepted Agreements for the 2004-08 Contract for Refuse/Recycling;including: 1) Copy of actual contract 2) Copy of Performance Bond 3) Copy of Proposal Form As agreed,we will institute the new fee schedule on Jan 1St,2004. We thank you for your work in our community and hope that this Agreement works out well for both your Firm and our Community. Please call if you have any questions. • .,py i..ys ric J s. City dm' istrator Note:We are still awaiting your updated Minnesota Corporation documents.Please send same to my attention a.s.a.p. TREE CITY U.S.A. Addendum#1 to the 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 $10 Bathtub Fiberglass $15 Cast Iron $20 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. 9 For Contra or-Ma •' '1,=,- = - = 1 ,I1/919ffclapy aste Services Midwest,Inc. NOTARY PUBLIC-MINNESOTA to.,64- •r to CQ ItenNfflit as re://,l .ii_ C„t orte u AtRItiiiiaiiiiNvide mp ■ iii, ■AmAmmiwomwAmw. a 1 Date 1-fk-0V or Oak • Heights-Eric Johnson,City Administrator-C' of Oak Park Heights Notary of signature: r + .9 0/i i I/0 ty-1.--) OTARIY P BL COMINNESO A Please provide stamp ' i WASHINGTON COUNTY My Comm.Expires Jan.31,2005 avvvvvvwwiwowwwwntwwwwve Oak Park Heights Request for Council Action Meeting Date February 11, 2003 Agenda Item Title Garbage/Recycling Contract Renewal Time Required 5 Minutes Agenda Placement New Business Originating Department/Requestor Administration/Judy Hoist Requester's Signature - Action Requested Begin process for renewal of garbage/recycling collection contract. Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). Attached for you review is a copy of the current Contract for Refuse and Recyclable Collection along with a Memorandum of Agreement dated March 28, 2000 providing for adjustments in recycling and collection fees and other amendments to the contract. The current contract is a 5 year contract that will expire on December 31, 2003. The City and Contractor may agree to extend the term of the agreement for an unspecified period of time beyond the original termination date, upon such terms and conditions as the parties shall mutually agree. In order for us to prepare for 2004 budgeting, I am requesting Council to set a time line for either bidding the contract or extending the current contract. r ss4 A. tf t u i+ t" ' i`r`rt E 3`y r {r ,:.xt 1ZER T r iq 1FI AA rt rf'. J{��,� R+ A O s ty C E#R,::TIFICr,AT,E NUMBER . ,4.,,' - . 4iLL v , ,,OhLAI HOU-000391003-00 f _ ,.. PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE WELLS FARGO PLAZA J}�' POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE 1000 LOUISIANA j , I ! AFFORDED BY THE POLICIES DESCRIBED HEREIN. SUITE 4000 I 2002 Jul - 8 2002 ' I COMPANIES AFFORDING COVERAGE HOUSTON,TX 77002 ! 1 f I COMPANY 10056–SSI-COPS-02/03 SI A -- _ . f;,, j A COMMERCE&INDUSTRY INSURANCE CO. INSURED _ COMPANY SUPERIOR SERVICES,INC. —"" B AMERICAN HOME ASSURANCE CO WATSONS ROCHESTER DISPOSAL,INC. SUPERIOR SERVICES–ST.PAUL COMPANY 1375 7th AVENUE C N/A NEWPORT,MN 55055 COMPANY D INS.CO.OF THE STATE OF PA �} tt' , f„'�7'.@W, .`, THIS IS TO CERTIFY THAT POLICIES OF INSURANCE„DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MMIDD/YY) A GENERAL LIABILITY GL 417 7311 07/01/02 07/01/03 GENERAL AGGREGATE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 1,000,000 rtr"..e CLAIMS MADE X OCCUR PERSONAL&ADV INJURY $ 1,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 X t:.ONTRACTI IAI I IARILITY FIRE DAMAGE(Any one fire $ 1,000,000 MED EXP(Any one person) $ 5,000 H AUTOMOBILE LIABILITY D004A00055(TX) 07/01/02 07/01/03 COMBINED SINGLE LIMIT $ 1,000,000 G X ANY AUTO DOO4A00056(MA) 07/01/02 07/01/03 G ALL OWNED AUTOS D004A00057(PR) 07/01/02 07/01/03 BODILY INJURY $ G SCHEDULED AUTOS D004A00058(AOS) 07/01/02 07/01/03 (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: W: , f, 4' EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE _$ _ OTHER THAN UMBRELLA FORM $ D WORKERS COMPENSATION AND 1/1/C 4552998(ADS) 07/01/02 07/01/03 X ( ORY L MITS I EMPLOYERS'LIABILITY rt A _ WC 4553001(ND,OH,WA,WI,WV,WfJ7/01/02 07/01/03 EL EACH ACCIDENT $ 1,000,000 B THE PROPRIETOR/ X INCL WC 4553000(CA) 07/01/02 07/01/03 EL DISEASE-POLICY LIMIT $ 1,000,000 PFFICERSlEXECUTIVE WC (AZ/ID/MDNA) EL DISEASE-EACH EMPLOYEE $ 1,000,000 F OFFICERS ARE: EXCL ( ) 07/01/02 07101/03 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS(LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL�0 DAYS WRITTEN NOTICE TO THE CITY OF OAK PARK HEIGHTS CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 14168 OAK PARK BLVD NO. PO BOX 2007 LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES. OAK PARK HEIGHTS,MN 55082-2007 MARSH USA INC. BY: Barry N.Smith tr. 4§''? : titrg+f f + f} t t it r tr rxg¢# 2r � s r M104(9 r- a ar k ': f; UDA # 'f #a'r��3�a!r i�+k3A3v&t ,� v"+,l p,t M7,;i�, ,. ., a-tit, ? fl,l< :.F c.F ,�t`a I�,>�.„4JLr7, i. +,},c'ln,E't 2€,ri�, tF,t.? �„+Cat'. f,s. 4 t44, DATE Y)�; � t rykw a t to a� � � � C � 06/29/02 .„. PRODUCER COMPANIES AFFORDING COVERAGE MARSH USA INC. COMPANY WELLS FARGO PLAZA 1000 LOUISIANA E N/A SUITE 4000 HOUSTON,TX 77002 COMPANY F BIRMINGHAM FIRE INS CO OF PA 10056-SSI-COPS-02/03 STPAU INSURED COMPANY SUPERIOR SERVICES,INC. WATSONS ROCHESTER DISPOSAL,INC. G UNITED STATES FIDELITY AND GUARANTY COMPANY SUPERIOR SERVICES-ST.PAUL 1375 7th AVENUE NEWPORT,MN 55055 COMPANY H DISCOVER PROPERTY&CASUALTY INS.CO. n f i '` t? �` t• f rck"'s f s k ' f rtilrir x f'x tt O � T s� r�r rr,z z a t, �t"�5 a z h CITY OF OAK PARK HEIGHTS 14168 OAK PARK BLVD NO. PO BOX 2007 OAK PARK HEIGHTS,MN 55082-2007 INCLUDES COPYRIGHTED MATERIAL OF ACORD CORPORATION WITH ITS PERMISSION. $13 4 W lc, r v G. ssr ulu i "s „1 c,� 7 4L, 1 ry f , fs a gf �w ? i . CERTIFICATE NUMBER y is m i L �s a rp HOU-000256543-00 PRODUCER -:a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA INC. �---71 NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE WELLS FARGO PLAZA I POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE 1000 LOUISIANA (;'•,v 1 j I I AFFORDED BY THE POLICIES DESCRIBED HEREIN. SUITE 4000 if`E II, r 8 2002 �d HOUSTON,TX 77002 COMPANIES AFFORDING COVERAGE COMPANY 10056-SSI-COPS-02/03 STP U A COMMERCE&INDUSTRY INSURANCE CO. INSURED COMPANY SUPERIOR SERVICES,INC. B AMERICAN HOME ASSURANCE CO WATSONS ROCHESTER DISPOSAL,INC. SUPERIOR SERVICES-ST.PAUL COMPANY 1375 7th AVENUE C N/A NEWPORT,MN 55055 COMPANY D INS.CO.OF THE STATE OF PA t r $i s .IC I' � r s� � bR LW_.: ''1i " I � � �' � i t t - �' i r 'i. � (ir a� 'n 4t k, i S1" b ir. {�.. 'a1. t}t ' f i410$ e,Fii`@„t Tl f. 3 C �1y C1revk,!'ur IrrSE10 ' @C I t � �I r„r a P �.s w THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER LIMITS LTR DATE(MM/DDIYY) DATE(MMIDD/YY) A GENERAL LIABILITY GL 417 7311 07/01/02 07/01/03 GENERAL AGGREGATE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 1,000,000 thh ,CLAIMS MADE X OCCUR PERSONAL&ADV INJURY $ 1,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 X CONTRALTI IAl I IARII ITY FIRE DAMAGE(Any one fire) $ 1,000,000 MED EXP(Any one person) $ 5,000 H AUTOMOBILE LIABILITY D004A00055(TX) 07/01/02 07/01/03 COMBINED SINGLE LIMIT $ 1,000,000 G X ANY AUTO D004A00056(MA) 07/01/02 07/01/03 G ALL OWNED AUTOS D004A00057(PR) 07/01/02 07/01/03 BODILY INJURY $ G SCHEDULED AUTOS D004A00058(AOS) 07/01/02 07/01/03 (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $._ s �. ANY AUTO OTHER THAN AUTO ONLY: .e EACH ACCIDENT $ AGGREGATE EXCESS UABILITY EACH OCCURRENCE $ UMBRELLA FORM _AGGREGATE $ OTHER THAN UMBRELLA FORM $ D WORKERS COMPENSATION AND WC 4552998(AOS) 07/01/02 07/01/03 X T TORY UMUS I I OAR EMPLOYERS'LIABILITY A WC 4553001(ND,OH,WA,WI,WV,WYJ-7/01/02 07/01/03 EL EACH ACCIDENT $ 1,000,000 B THE PROPRIETOR/ INCL WC 4553000(CA) 07/01/02 07/01/03 EL DISEASE-POLICY LIMIT $ 1.000,000 PARTNERS/EXECUTIVE II� jl WC 4552999 F OFFICERS ARE: EXCL (AZ/ID/MD/VA) 07/01/02 07/01/03 EL DISEASE-EACH EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS(LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) �,� °E-ir , {'�ih`L i s"f '” ` v aP ,s " I,� xx ;d. sa s' ,. "' p:' �° m `"`>,,` f it r y..-! „di, R✓ �� ' - a . SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL_30 DAYS WRITTEN NOTICE TO THE CITY OF OAK PARK HEIGHTS CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 14168 N.57TH ST. PO BOX 2007 LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES. OAK PARK HEIGHTS,MN 55082 MARSH USA INC. By: Barry Barry N.Smith r k", I [x sf r a �a.�. t.�: >�h, "w ,a {>w+R .0 aj .,�` d4`n= ., ,-p,. .DATE(MM/DDMI ' 1 ... :' 'n'` y ®fz @ `; m ,d 'S S'g,,k,'c p ryI"a i-�7-"",'�{'S`N xr+k��+n ykFh °nV r t n r » µ r h U `h ,.;#°"r ?F, ,t. . A., a` riff �-� P rptvtA i , 'v ,r.4, i?, a hq �. 'J 61i ' 06/29/02 •� rep r, t � PRODUCER COMPANIES AFFORDING COVERAGE MARSH USA INC. WELLS FARGO PLAZA COMPANY 1000 LOUISIANA E N/A SUITE 4000 HOUSTON,TX 77002 COMPANY F BIRMINGHAM FIRE INS CO OF PA 10056—SSI—COPS-02103 STPAU INSURED COMPANY SUPERIOR SERVICES,INC. WATSONS ROCHESTER DISPOSAL,INC. G UNITED STATES FIDELITY AND GUARANTY COMPANY SUPERIOR SERVICES—ST.PAUL 1375 7th AVENUE NEWPORT,MN 55055 COMPANY H DISCOVER PROPERTY&CASUALTY INS.CO. �` �;7" x j i ,� r; �. �h+:.n ro n�fir:.per as 'rr iu.,��,� r r ��,`' � " ,�` t v,�i ii`. i ',':I. �n� i� � r t , 2' 'n t a.�t�c ��f: '', t 3.'-�.a d �,?�hi d,as' t i $ C tr .,t, ;+ t f } �.y ' .- ,;_ f o ,�:f , ,s, 'e zPe' t{ i�u t ri. ' t a?° q+V.Vf.'tV" i.a 0 '" " `t 4`';,y i r,t,:a "rt F a" 7k r�7'r Ic a r a m 1"., r r`✓; 4 4 '' a `` �� . u .. . t r _'t r'c i `4 &sti..pt__;.� ,r. t � a.;%s V , r; ,a,, n d ,-a it 1 � r '' r �"t§ 4 . * " CITY OF OAK PARK HEIGHTS 14168 N.57TH ST. PO BOX 2007 OAK PARK HEIGHTS,MN 55082 INCLUDES COPYRIGHTED MATERIAL OF ACORD CORPORATION WITH ITS PERMISSION. �, a a � k « CERTIFICATE NUMBER - 77,7 ,t HOU-000078738-02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA INC. !( . NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE WELLS FARGO PLAZA POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE 1000 LOUISIANA AFFORDED BY THE POLICIES DESCRIBED HEREIN. SUITE 4000 1(11 — 8 202 COMPANIES AFFORDING COVERAGE HOUSTON,TX 77002 '' COMPANY 10056-SSI-COPS-02/03 STPA#1 A COMMERCE&INDUSTRY INSURANCE CO. I-� INSURED COMPANY SUPERIOR SERVICES,INC. B AMERICAN HOME ASSURANCE CO WATSONS ROCHESTER DISPOSAL,INC. SUPERIOR SERVICES-ST.PAUL COMPANY 1375 7th AVENUE C N/A NEWPORT,MN 55055 COMPANY D INS.CO,OF THE STATE OF PA 11 1 0,:il k *1 r# a "e des rd 4044 �;w r i s l su c (fa fo #h n f : i ) $-).;', THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DDIYY) DATE(MMIDD/YY) A GENERAL LIABILITY GL 4177311 07/01/02 07/01/03 GENERAL AGGREGATE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 1,000,000 "!,-,j, CLAIMS MADE X OCCUR PERSONAL&ADV INJURY $ 1,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 X CC)NTRACTI(Al I IARILITY FIRE DAMAGE(Any one fire) $ 1,000,000 MED EXP(Any one person) $ 5,000 H AUTOMOBILE LIABILITY D004A00055(TX) 07/01/02 07/01/03 COMBINED SINGLE LIMIT $ 1,000,000 G X ANY AUTO D004A00056(MA) 07/01/02 07/01/03 _ G ALL OWNED AUTOS D004A00057(PR) 07/01/02 07/01/03 BODILY INJURY $ G SCHEDULED AUTOS D004A00058(AOS) 07/01/02 07/01/03 (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ - r, atrvr ,ff+rn ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ D WORKERS COMPENSATION AND WC 4552998(AOS) 07/01/02 07/01/03 X I TO LIMITS I I°E141-1, «f ru EMPLOYERS'LIABILITY RY A WC 4553001(ND,OH,WA,WI,WV,WYJ7/01/02 07/01/03 EL EACH ACCIDENT $ 1,000,000 B THE PROPRIETOR/ X INCL WC 4553000(CA) 07/01/02 07/01/03 EL DISEASE-POLICY LIMIT _$ 1,000,000 F PARTNERS/EXECUTIVE EE — EXCL WC 4552999(AZ/ID/MDNA) 07/01/02 07/01/03 EL DISEASE-EACH EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS(LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) -Ir cSn �{ '}!"' P t S 'i ,-,I `'. i+' . `.t A J•y;.�` d 't4` '' "ta +t r-. '? �''. ,r +:'�` 64'' {f Jt d"'r" fir; �.�"-.�; '' > .2 .." arz rF _ '§r a .� ?"?�-a. .. w ff .I - i` io-°^ 4 a`" S I k ;' : 4:�It' SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL_3fl DAYS WRITTEN NOTICE TO THE CITY OF OAK PARK HEIGHTS CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 14168 N.57TH ST. PO BOX 2007 LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES. OAK PARK HEIGHTS,MN 55082 MARSH USA INC. BY: Barry N.Smith 'L—. ,„ «�., } " fie"}9 & F id. .,a. «4. 'u ' -fir 7u :it .,f m. & { it F _ ililhlh�7 a� cur, p DATE MM/DDIYY r y —;13"04 r71 i f.-drf1l�i -„�� ak� . *P lil 1 4f, -. � 06/29/02 PRODUCER COMPANIES AFFORDING COVERAGE MARSH USA INC. COMPANY WELLS FARGO PLAZA 1000 LOUISIANA E N/A SUITE 4000 HOUSTON,TX 77002 COMPANY F BIRMINGHAM FIRE INS CO OF PA 10056—SSI—COPS-02/03 STPAU INSURED COMPANY SUPERIOR SERVICES,INC. WATSONS ROCHESTER DISPOSAL, INC. G UNITED STATES FIDELITY AND GUARANTY COMPANY SUPERIOR SERVICES—ST.PAUL 1375 7th AVENUE NEWPORT,MN 55055 COMPANY yry z, H DISCOVER PROPERTY&CASUALTY INS.CO. tliTE iBi SiNi'r.. muluS`gardfiiu au .«4h �m .0 -'3idzfi nnYuu itiii Mar xi'hi= la i,. i 14 ii)di f: ��rviliuii IP�IC :�' y ",3 d. i d.:: vA J{ tl a ih9 rah! - foto� ' �i(�� Pity , .„ •*ul�,P��N -ri iz»,,., t�- .,i I f,`: �,�,..i <'-� '��_ ,o,� .: �'T 4.... ,� .z1�:4. i,.' �� a9 � ..';a_li s CITY OF OAK PARK HEIGHTS 14168 N.57TH ST. PO BOX 2007 OAK PARK HEIGHTS,MN 55082 I� d 4 N 6 TAIU INCLUDES COPYRIGHTED MATERIAL OF ACORD CORPORATION WITH ITS PERMISSION. ian krruot!�mxi'NA iu LdiiGuim7a,q� !l,�o�� :�. „ri.rA%,,;,id L.a li� iIw'G ",.:.. IFI r - Au CERTIFICATE NUMBER � < . HOU-000095222-02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA INC. �I NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE WELLS FARGO PLAZA y ., _ 8 2002 li POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE 1000 LOUISIANA AFFORDED BY THE POLICIES DESCRIBED HEREIN. SUITE 4000 HOUSTON,TX 77002 COMPANIES AFFORDING COVERAGE COMPANY 10056-SSI-COPS-02/03 STPAU A COMMERCE&INDUSTRY INSURANCE CO. INSURED COMPANY SUPERIOR SERVICES,INC. B N/A WATSONS ROCHESTER DISPOSAL,INC. SUPERIOR SERVICES-ST.PAUL COMPANY 1375 7th AVENUE C N/A NEWPORT,MN 55055 COMPANY D N/A ERAG S a a This certificate ainakatkia and repi aat a' 'r" L 1 Ia f� r-11 sate for the`pol nadI*ed below. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMIOOIYY) DATE(MM/DDIYY) A GENERAL LIABILITY GL 417 7311 07/01/02 07/01/03 GENERAL AGGREGATE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 1,000,000 gy CLAIMS MADE X OCCUR PERSONAL&ADV INJURY $ 1,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 X r.ONTRAr.TI IAI I IARI I ITY FIRE DAMAGE(Any one fire) $ 1,000,000 MED EXP(Any one person) $ 5,000 H AUTOMOBILE LIABILITY D004A00055(TX) 07/01/02 07/01/03 COMBINED SINGLE LIMIT $ 1,000,000 G X ANY AUTO D004A00056(MA) 07/01/02 07/01/03 G ALL OWNED AUTOS D004A00057(PR) 07/01/02 07/01/03 BODILY INJURY $ G SCHEDULED AUTOS D004A00058(AOS) 07/01/02 07/01/03 (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE UABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS UABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND I TOR WC STATITU-S EMPLOYERS'LIABILITY Y LIM ER EL EACH ACCIDENT $ THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS(LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) v ! } s.`_ .:5d ;.9 II(i 14rra�t6 4R { LDE ,;N(�5 ti 11r,, °rrN� p CAICi�LkAl l? �� }�, x�eye � I,. �IIW�:.. . - z ,. _.-e�. "�^zL714�Yrrldt�� a. + SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL_30 DAYS WRITTEN NOTICE TO THE CITY OF OAK PARK HEIGHTS CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 14168 N.57TH ST. PO BOX 2007 LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES. OAK PARK HEIGHTS,MN 55082 MARSH USA INC. BY: Barry N.Smith I!}' Nita . , '. ' t tlU�l(w NF�A��(��9r��. � �"`=�� a a e�.�^P" A� III• �» �.�( °t'. I4=. ;:P^` �c:N h} ;��u`' ":i i.s: ulr �A i44L Jnr+�i t��_ni tii�n._ rr t4 r�, i}•- .ik^ ✓ �. ( I..,.. ,.(16 i ii kla i�f 16 ilry �fi I�� ',� ak 4• ir`,IN`i�a -- ,rr� ::� ie`. r nu.ri ��d(a �`^nY i 1�a dtli a(P0ii7� a�1tc�- ,�iwh ��y; - �� i( t�'e t ��ait viii `O � �, ' r 06�29�02 h> .i��": i�r, f :�_c. >i1.1 ... PRODUCER COMPANIES AFFORDING COVERAGE MARSH USA INC. COMPANY WELLS FARGO PLAZA 1000 LOUISIANA E N/A SUITE 4000 HOUSTON,TX 77002 COMPANY F N/A 10056-SSI—COPS-02/03 STPAU INSURED COMPANY SUPERIOR SERVICES,INC. WATSONS ROCHESTER DISPOSAL, INC. G UNITED STATES FIDELITY AND GUARANTY COMPANY SUPERIOR SERVICES—ST.PAUL 1375 7th AVENUE NEWPORT,MN 55055 COMPANY H DISCOVER PROPERTY&CASUALTY INS.CO. . 1tl iii .-.°�N n,,,,. :u a4 igrF:�, 1r+"� ":'rrr n •t' iii=` ,';'r=: .'�ttrh:; ffrN�'r,.°.; rill,°` Y-``��:"; Autirf" . ."7�i1!iljn.6 ^!!i.�.•,_+itt,.±. °°T» � wi �� ,nWf'1 -1 aRp�!�-.: iI�G tiPp. �I. -' a �i p� Ord°-'- vdild_ : ii nGl�. n1P .. t, 1.:_: ,n L it: `Vtr �--s41 i� _nmi " ��` .� .,�.: .� .;�a iPv t��- .�.. r�. ,.e :k�" �ii�a- "� .�: .,. �,.,.:- ��w.=� �il.ri.:: �Pii(i in.�. iii ., a��Mm ,rew.�' u^s .:.,��z Pf .., g.11!F l'ai'n,,:Nw. NE IrtN y:;` .t, C. .:fin. * !il,.. Nn. =,ryNMNi ,,i( 'qV. 7 iIJ :(;t:i fnv,r,_ CITY OF OAK PARK HEIGHTS 14168 N.57TH ST. PO BOX 2007 OAK PARK HEIGHTS,MN 55082 INCLUDES COPYRIGHTED MATERIAL OF ACORD CORPORATION WITH ITS PERMISSION. r t '" DATE(MM/DD/Y ADDITIONAL INFOR TIO p } 011000078738 0t`, 06/29/01 PRODUCER COMPANIES AFFORDING COVERAGE Marsh USA Inc. COMPANY 1000 Louisiana,Suite 4000 Houston,TX 77002-5008 E N/A COMPANY F BIRMINGHAM FIRE INS CO OF PA 10056-SSI-POLL-01/02 STPAU INSURED COMPANY Superior Services, Inc. Watsons Rochester Disposal Inc. Superior Services-St.Paul 1375 7th Avenue Newport,MN 55055 COMPANY H TEXT 1 ,J. - 620 CITY OF OAK PARK HEIGHTS 14168 N.57TH ST. PO BOX 2007 OAK PARK HEIGHTS,MN 55082 INCLUDES COPYRIGHTED MATERIAL OF ACORD CORPORATION WITH ITS PERMISSION. " INI RSI U A INC ., CERTIFI ATE OF INSURANCE CERTIFICATE NUMBER HOU-000078738-01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 1000 Louisiana,Suite 4000 POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE Houston,TX 77002-5008 AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE COMPANY 10056-SSI-POLL-01/02 STPAU A COMMERCE AND INDUSTRY INS.CO. INSURED COMPANY Superior Services, Inc. B AMERICAN HOME ASSURANCE COMPANY Watsons Rochester Disposal Inc. Superior Services-St.Paul COMPANY 1375 7th Avenue C N/A Newport,MN 55055 COMPANY D INS.CO.OF THE STATE OF PA THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) A GENERAL LIABILITY GL 417 7311 07/01/01 07/01/02 GENERAL AGGREGATE $ 1,000,000 COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 1,000,000 ■ CLAIMS MADE X OCCUR PERSONAL&ADV INJURY $ 1,000,000 ■ OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 © I k :_ _ _. FIRE DAMAGE(Any one fire) $ 1,000,000 MED EXP(Any one person) $ 5,000 A AUTOMOBILE LIABILITY CA 766 6100(O/S) 07/01/01 07/01/02 COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO CA 505 4063(TX) 07/01/01 07/01/02 IALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) IHIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ■ ANY AUTO OTHER THAN AUTO ONLY: ■ EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ ■ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ D WORKERS COMPENSATION AND WC 4552397 (AOS) 07/01/01 07/01/02 X J TORY IMITS I :10ErItti EMPLOYERS'LIABILITY p WC 4552401 (WI) 07/01/01 07/01/02 EL EACH ACCIDENT $ 1,000,000 B THE PROPRIETOR/ INCL WC 4552398 (CA) 07/01/01 07/01/02 EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE F OFFICERS ARE: EXCL WC 4552400 (AZ,MD) 07/01/01 07/01/02 EL DISEASE-EACH EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS(LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) €RTI ATE HOLD*R C/4NCt LLATt04 SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREO , THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL_gQ_DAYS WRITTEN NOTICE TO T CITY OF OAK PARK HEIGHTS CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION•R 14168 N.57TH ST. PO BOX 2007 LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES. OAK PARK HEIGHTS,MN 55082 MARSH USA INC. BY: Barry N.Smith „ 0144 14199) =VAt.ID:AS OF: 08/29/0* OE INSURANCE- . CERTIFICATE NUMBER CERTIFICATE HOU-000095222-01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 1000 Louisiana,Suite 4000 POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE Houston,TX 77002-5008 AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE COMPANY 10056-SSI-POLL-01/02 STPAU A COMMERCE AND INDUSTRY INS.CO. INSURED COMPANY Superior Services, Inc. B N/A Watsons Rochester Disposal Inc. Superior Services-St.Paul COMPANY 1375 7th Avenue C N/A Newport,MN 55055 COMPANY D N/A THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMIDDIYY) DATE(MM/DD/YY) A GENERAL LIABILITY GL 4177311 07/01/01 07/01/02 GENERAL AGGREGATE i$ 1,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 1,000,000 CLAIMS MADE X OCCUR PERSONAL&ADV INJURY $ 1,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 X CIONTRAC:TI JAL LIABII ITY FIRE DAMAGE(Any one fire) $ 1,000,000 MED EXP(Any one person) $ 5,000 A AUTOMOBILE LIABILITY CA 766 6100(O/S) 07/01/01 07/01/02 COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO CA 505 4063(TX) 07/01/01 07/01/02 _ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY Per accident $ NON-OWNED AUTOS ( ) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT_ $ — AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE _$ UMBRELLA FORM AGGREGATE _ $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND I WC STATU- 0E41- ' EMPLOYERS'LIABILITY TORY LIMITS EL EACH ACCIDENT _$ THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS(LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) ' RTt I�AT Hfil[fE i '�,f ;...:. " " , CANCE4ItTI 14 SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREO THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL---3 _DAYS WRITTEN NOTICE TO TFE CITY OF OAK PARK HEIGHTS CERTIFICATE HOLDER NAMED HEREIN.BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION C R 14168 N.57TH ST. PO BOX 2007 LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE.ITS AGENTS OR REPRESENTATIVES. OAK PARK HEIGHTS,MN 55082 MARSH USA INC. ��►►��-- _ BY: Barry N.Smith -, -1411041(9/9,9Y- : +Au1 AS OF.:0e 9I0't . DATE(MM/DD/YY) Ds ...," ADITIONAL INFORMATION NC1 1=fl1}0 3 £7 0 A/29/01 PRODUCER COMPANIES AFFORDING COVERAGE Marsh USA Inc. COMPANY 1000 Louisiana,Suite 4000 Houston,TX 77002-5008 E N/A COMPANY F BIRMINGHAM FIRE INS CO OF PA 10056-SSI-POLL-01/02 STPAU INSURED COMPANY Superior Services, Inc. Watsons Rochester Disposal Inc. Superior Services-St. Paul 1375 7th Avenue Newport,MN 55055 COMPANY H €ER FFG rE HOLDER CITY OF OAK PARK HEIGHTS 14168 N.57TH ST. PO BOX 2007 OAK PARK HEIGHTS,MN 55082 INCLUDES COPYRIGHTED MATERIAL OF ACORD CORPORATION WITH ITS PERMISSION. alIMARSH USA INC CERTIFICATE OF INSURANCE CERTIFICATE NUMBER HOU-000256543-00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 1000 Louisiana,Suite 4000 POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE Houston,TX 77002-5008 AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE COMPANY 10056-SSI-POLL-01/02 STPAU A COMMERCE AND INDUSTRY INS.CO. INSURED COMPANY Superior Services, Inc. B AMERICAN HOME ASSURANCE COMPANY Watsons Rochester Disposal Inc. Superior Services-St.Paul COMPANY 1375 7th Avenue C N/A Newport,MN 55055 COMPANY D INS.CO.OF THE STATE OF PA CFCtrI1ERAE" • THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) A GENERAL LIABILITY GL 4177311 07/01/01 07/01/02 GENERAL AGGREGATE _ $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 1,000,000 CLAIMS MADE X OCCUR PERSONAL&ADV INJURY_ $ 1,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 X C:ONTRACTUAI I IABII ITY FIRE DAMAGE(Any one fire) $ 1,000,000 MED EXP(Any one person) $ 5,000 A AUTOMOBILE LIABILITY CA 766 6100(O/S) 07/01/01 07/01/02 COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO CA 505 4063(TX) 07/01/01 07/01/02 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) — HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ _ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ D WORKERS COMPENSATION AND WC 4552397 (AOS) 07/01/01 07/01/02 X ORS LAM TS ,eR ' EMPLOYERS'LIABILITY p WC 4552401 (WI) 07/01/01 07/01/02 EL EACH ACCIDENT $ 1,000,000 B THE PROPRIETOR/ INCL WC 4552398 (CA) 07/01/01 07/01/02 EL DISEASE-POLICY LIMIT _ $ 1,000,000 F OFFICERS SARE:CUTIVE Ir— jl EXCL WC 4552400 (AZ,MD) 07/01/01 07/01/02 EL DISEASE-EACH EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS(LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) CEq/ElgA E HOL4DETt CAKCELLATtON . ' v Y SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREO THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL_jQ_DAYS WRITTEN NOTICE TO TI-E CITY OF OAK PARK HEIGHTS 14168 N.57TH ST. CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION CR PO BOX 2007 LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES. OAK PARK HEIGHTS,MN 55082 MARSH USA INC. _ BY:: Barry N.Smith ^ MM1(9/8.9) -VALID A •OF; 06129tmi w r � � r 'IFtcAT Fr'; s ` p CERTIFICATE NUMBER le 5 ,'te �� '`� a P��' ` � '�'; r -�' n _� .� z. �R r d�e � ;. <. � ,��e 41 HOU-000256543-00 ' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE WELLS FARGO PLAZA POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE 1000 LOUISIANA,STE.4000 AFFORDED BY THE POLICIES DESCRIBED HEREIN. HOUSTON,TX 77002 COMPANIES AFFORDING COVERAGE PHONE:713/654-0400 COMPANY r- 10056 SSI-POLL 00 01 STPAU A COMMERCE AND INDUSTRY 1'NaQ� ; \ , s INSURED COMPANY Superior Services,Inc. B AMERICAN HOME ASiiU ANC ULY Superior Services-St.Paul 3 2001 1375 7th Avenue COMPANY Newport,MN 55055 C N/A COMPANY D INS.CO.OF THE STA`E OF PA -� ,zPa v n', �'r a s z a a {. d{ a� �p. �. ,� s '-v� �r+ � ' a. 4. _p-. �,.- , % irt�. ,. ..��'�..-ak..��. 7P� '� a": , ,. �' ,i .. ';ii w. �- �' THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DDIYY) DATE(MM/DD/YY) A GENERAL LIABILITY GL 4177311 03/30/98 07/01/01 1,000,000_ GENERAL AGGREGATE $ X COMMERCIAL GENERAL LIABILITY PRODUCTS•COMP/OP AGG $ 1,000,000 CLAIMS MADE X OCCUR PERSONAL&ADV INJURY _ $ 1,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE _ $ 1,000,000 X CONTRACTI IAI I IARII ITY FIRE DAMAGE(Any one fire) $ 1,000,000 MED EXP(Any one person) $ 5,000 A AUTOMOBILE LIABILITY CA 766 6100 07/01/00 07/01/01 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: r� rry EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE _$ OTHER THAN UMBRELLA FORM $ D WORKERS COMPENSATION AND WC 4550654(O/S) 07/01/00 07/01/01 X TORLM rs ERt I 0 aEMPLOYERS'LIABILITY p _ WC 455 0656(WI,WV) 07/01/00 07/01/01 EL EACH ACCIDENT _$ 1,000,000 B THE PROPRIETOR/ X INCL WC 455 1517(CA) 07/01/00 07/01/01 EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS(LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) `, ,,. �pda "`r �p-y� `+ar r ': a'w_?°J u4' tt hi v. �v �'"" 'k c" r '; r tee'- " ;- "' '« o, s " � ' vv " ri � ,�s. �Y "1 s ,a,.,`'k v "i ` a'�a" r "-u v' .1¢-_! �a. �k. � {. +r :�'�� ' =�V �� .nt. .�,,.:-'"w� .rrv. a. a, .tix , .. ,. �«+. m -.;14. d,. u„ v� ia,x �,� ',a,�,x#'��a .�; zf SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL___3Q DAYS WRITTEN NOTICE TO THE CITY OF OAK PARK HEIGHTS CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 14168 N.57TH ST. PO BOX 2007 LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES. OAK PARK HEIGHTS,MN 55082 MARSH USA INC. BY: Barry N.Smith ,� r �I =� ��. y, , ar a , 1114'1 21:11441:4-a.il j wr ;$7 dpi:.vl� n t S►t �I r} „� ��', ��g r .�" ,i,". v'�, .u�: -.ir, 4� ay.. QLr a i R s � ;..�a i i - i �h�. '�� - �„ � a v - 4 1 MEMORANDUM OF AGREEMENT March 28,2000 WHEREAS,the City of Oak Park Heights and Superior Services of Minnesota, Inc. did enter into a contract for refuse and recyclable collection for the period of time of January 1, 1999 through December 31,2003; and, WHEREAS, said agreement provides for the opportunity for certain adjustment in recycling and collection fees; and, WHEREAS,the parties otherwise intent to make other amendments and adjustments to the contract at this time. NOW THEREFORE,be it agreed by and between the parties hereto as follows: That the parties agree that the aforementioned contract shall be amended in the following respects: 1. Both parties recognize the provisions of Section V, Item D of the contract which provides for the right of either party to request adjustments to the collection of refuse and recycling fees on the contract based dwelling unit rates on the basis of 75%increase or decrease in the private transportation Consumer Price Index (CPI),Minneapolis/St. Paul for the 12 month period ending the previous calendar year. Such changes shall be effective July l st of the year requested. That Superior Services, Inc. has requested such a change and has provided data to the City of Oak Park Heights which indicates that the CPI for Minneapolis/St. Paul as referenced has gone up 4.4%, 75%of which would render the increase at 3.3% effective July 1, 2000. Superior Services,Inc. has also requested an additional increase as an increase in extraordinary fuel cost as has been experienced in the past months. The City of Oak Park Heights is not opposed to recognizing some degree of increased cost of fuel, but also recognizes that inasmuch as the April 4,2000 provisions of Section V, Item D apply for the prior 12 month period and may be requested again by Superior Services, Inc. 12 months hence,does not wish to be granting a raise for fuel at the present time and then thereafter in the following year grant an additional raise for the CPI which would include fuel as well. Therefore,the City of Oak Park Heights is agreeable at this time to an increase for a fuel surcharge in the amount equivalent to 2 %of the base rate as of July 1, 2000,with the understanding that said percentage shall be adjusted or offset as against a future CPI increase as may be requested under Section V, Item D in 2001. 2. The parties recognize that there has been an issue as it affects whether or not the collection of carpeting would be an additional collection service under the definition of rubbish within the contract as a construction waste or whether or not the same is to be regarded as an additional collection service under Attachment B to the contract. The parties herewith agree that for the future application of this contract, carpeting shall be treated as a rubbish(construction debris) for all purposes to be collected at an additional charge to the residential homeowner as remodeling debris. . The parties further agree that the following items shall be considered as "rubbish" (i.e. construction materials) and therefore excluded as a provided service under the contract: carpeting, doors, toilets, sinks,sheetrock, construction lumber, ceiling tiles, fences, vanities, shower stalls, counter tops, and cabinets 3 The parties further agree to add to"Attachment B"as an additional no charge item for collection the following: 2 "chairs(all types),mattresses, and couches, sofas and loveseats,humidifiers, television sets and VCR receivers,and dressers" Dated this 3 day of pp r,'1 ,2000. CITY F OAK PARK 1 IG TS David D. Schaaf Mayor Thomas M. Melena City Administrator Dated this 7 day of /r e I ,2000. SUPERIOR SERVICES OF MINNESOTA, INC. 144 Its Ctiv ,\ mr,Ac,fr es Its 3 r CITY OF OAK PARK HEIGHTS CONTRACT FOR REFUSE AND RECYCLABLE COLLECTION January 1, 1999 Through December 31, 2003 PURPOSE OF CONTRACT Superior services of Minnesota, Inc., hereinafter referred to as the"contractor"shall collect and properly dispose of all refuse 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 Agreement. The Contractor shall provide said services in compliance with all applicable laws and shall charge for said services on a volume-based schedule. II. TERM OF CONTRACT The term of this contract shall be a period of five(5) years commencing January 1, 1999 and ending on December 31,2003. The City and Contractor may agree to extend the term of this Agreement for an unspecified period of time beyond the original termination date, upon such terms and conditions as the parties shall mutually agree. 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. Base 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 30, 60, 90 gallon rates. Services provided for this price are defined in Attachment A. Container, means a 90-96 gallon, 60-64 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. S\ • 411 Dwelling Unit,means a separate dwelling place with a kitchen or area for the preparation of food. Garbage ,means animal and vegetable waste resulting from the handling, preparation, cooking, service and consumption of food. 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 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 nonreusable waste. Rubbish also includes nonrecyclable 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, stoves, dishwashers, washers and dryers,water heaters, furnaces, air conditioners, water softeners and other such items which are too large for one person to pick up. 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 biodegradable 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. IV. 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: i) A container of 90-96 gallons or a limit of three(3) containers not to exceed a total of 96 gallons. ii) A container of 60-64 gallons or a limit of two (2) containers not to exceed a total of 64 gallons. iii) A container of 30-35 gallons or a limit of two (2) containers not exceeding a total of 35 gallons. aa) Townhomes that have separate utilities and entrances are considered to be single-family homes. Housing structures that have five 5 g to eight (8) units in them have (5) g ( ) 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 exclude them 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 •e) `'defuse in excess of . the designated volume-base per dwelling unit will be subject to additional collection service charges g as set forth in Attachment B and will be billed separately by the contractor. Collection service for white goods and large items must have prior arrangements with the Contractor for collection and shall also be billed in accordance with Attachment B. f) 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. Refuse shall be delivered by residents to a drop-off site that shall be designated by the City. The contractor shall provide collection equipment and labor to load and transport refuse collected at these events to the disposal site, (as defined in Section IV.B.), at no additional charge to the City. The disposal or tipping charge will be paid by the City based on confirmed load tickets or other City- approved documentation. It shall be the Citys responsibility to notify residents of the designated clean-up day. 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. 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 4 • • • biodegradable paper bags or a receptacle which is identified as yard waste. d) The Contractor shall deliver 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. 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 City for the recyclable materials agreed upon by the City and the Contractor. c) Collection from the curbside will include, at a minimum, newspaper, glass containers, aluminum, tin and steel cans, corrugated cardboard, magazines, mixed mail, box board, motor oil, automotive batteries 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 5 • • additional materials involves a cost increase, compensation to the contractor may be renegotiated. d) The Contractor shall equip the Citys 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 the recyclable materials to a recycling market 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 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. f) The Contractor must report household participation rates using a method acceptable to the City for all households placing recyclables out for collection and must report the participation rate within ten (10) days of the following month. g) 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. h) The Contractor must provide monthly reports for all materials collected no later than the 10th day of the following month. The required information includes original truck scale tickets or market receipts, showing the name of the contractor and the market,the date of delivery to market, and the net weight and type of material and the value for which the material is sold. I) The City and Contractor will divide all proceeds from sale of recyclable materials at a rate of fifty (50) percent for each party. B. Disposal 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 Agreement. 6 • 2. The Contractor shall dispose of all refuse 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 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. 3. Except as otherwise provided in this agreement, 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 1. All collection service shall be conducted between the hours of 7:00 a.m. and 8:00 p.m. on one day during the normal week of Monday through Friday (both inclusive); however, City preference is for a Thursday pick-up schedule. 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 day of pick-up by requesting such change in writing to the City at least twenty-one (21) days prior to the proposed date the requested change is to take effect. A change shall be effected only upon authorization from the City and fourteen (14) days notice to the residents. 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 authorization from the City. 7 • S 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. 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 8 • 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 uniformly 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. 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 not been used since the last disinfection thereof, and shall thoroughly inspect 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 9 • • • 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 which shall include servicing of complaints. The City shall have direct communication access via phone or radio to superintendent to facilitate prompt servicing of complaints. 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 US West. 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 agreement in effect during the term of the Contract. 10 • • 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 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. Multiple and other family residential units not included within this proposal for municipal collection shall have the right to directly purchase 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 proposes to build 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 developments in the community, to include twinhomes, townhomes, condominiums, and apartment complexes, will have the right to directly purchase services from this contract. Special arrangements and negotiations will have to take place to arrange such. V. PAYMENT METHOD A. Each month the City will compensate the Contractor on or before the 10th 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. 11 • . . . B. The total number of such residential units as of April 1, 1998, is agreed to be a . P gr approximately 1,000 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. 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 V.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. 2. The disposal fee identified in Attachment A shall increase or decrease corresponding with the percent of increase or decrease of tipping or disposal fees paid by the Contractor. The Contractor must provide a sworn statement of disposal costs effective July 1, 1999 with proposal documents. 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 agreement of both parties. Either party may initiate an adjustment in the disposal fee upon a fifteen(15) day notice d ue to an increase or decrease in the tipping or disposal charges. F. The base dwelling unit prices will be established in Attachment A of this Contract. 1. The City shall bill and collect monies due from residents for a portion of the base dwelling unit price. 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 B 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. 12 . . • 111 2. The Contractor may request the City to charge all accounts delinquent for ninety(90) days on the customers 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. 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 Liability 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 Contractors 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 Contractors 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 least 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. 13 • • . . C. Indemnification 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 and/or because off damages to 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. NONDISCRIMINATION 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 due may be forfeited for a second or subsequent violation of the terms 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 Agreement 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 Agreement, 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 Agreement 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, 14 • • • 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 Agreement and agreed to be subject to all the conditions and restrictions to which service is subject. It is the intent of this Section VIII.A.3, together with other provisions of this Agreement,that (to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) 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 Agreement; 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 Agreement, 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 determines 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. 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 to do such work and the cost of such expenses thereof may be charged and deducted from any monies due the Contractor, collected from the Contractor, or collected by recourse to the Contractor6 bond or financial guarantee instrument submitted subject to this section. X. ENTIRE AGREEMENT This Contract with Attachments A & B, incorporated herein by reference, is the entire agreement between the parties. No modification of this Contract shall be valid or effective, unless made in writing and signed by the parties hereto. 15 • • IN WITNESS WHEREOF,The City of Oak Park Heights and Superior Services of Minnesota Inc. have executed this agreement the day and year written below. f r Su eri� 'c� p in e o a,I1. i G� CITY OF/4 AK PARK H IG S //.////// /1�/i� Its l2 �/tieR / 1107v+eece,1 -e By Mayor David D. Schaaf And By City Administrator Thomas M. Melena Its Date II-Ig-qg Date CERTIFICATES OF ACKNOWLEDGMENT STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) On this / .-v 71 day of, 1998 before me personally appeared �7ie;c� . 04-./*..,2}2_ and to me known, who,being duly sworn, did say she/he is the //_ t .eu�.c GL ,2. and respectively, of Superior Services of Minnesota,Inc, and acknowledged that they executed the same as their free act and deed being fully authorized by Superior Services of Minnesota, In . •o so o behalf of said corporation. No ary Public • STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) 6' On this `%\.1, day of, 1998 before me personally appeared David Schaaf and Thomas M. Melena 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. SSII_OL A rl�J1, SCHLEUSNER otary Public rernemes-siess---7.4.,,,, NOTA RY PUBUC-MINNESOTA ... My Commission Expires Jan.31,2000 17 • NOV-09-98 MON 03:41 PM FAX NO. 6 24588455 SUPERIOR SERVICES REVISED ATTACHMENT A CART SIZE 30 GAL 60 GAL 90 GAL DISPOSAL FEE $2.05 $3.27 -$4.90 COLLECTION FEE $4.65 $4.65 $4.65 RECYCLING FEE $2.20 $2.20 $2.20 YARD WASTE FEE $1.00 $1.00 $1.00 APPLIANCE FEE $ .30 '$ .30 $ .30 TOTAL UNIT PRICE $10.20 $11.42 $13.05 • ATTACHMENT B,page 1 of 1 ATTACHMENT B ADDITIONAL COLLECTION SERVICE CHARGES TO BE BILLED BY THE CONTRACTOR DIRECTLY TO THE HOMEOWNER EXTRA REFUSE $ 1.50 /30 gallons $ 1.00 /15 gallons AIR CONDITIONERS Inc I; in Attachment A STOVES WATER CONDITIONERS FURNACES " " WATER HEATERS WASHERS/DRYERS REFRIGERATORS/FREEZERS " MISC. HEAVY APPLIANCES " CHRISTMAS TREES N/C -Limit one per household per year NOTE: CONSTRUCTION ROLL-OFFS ARE NOT INCLUDED IN THIS PRICING,NOR ARE THEY CONTROLLED OR MANDATED BY THIS CONTRACT. • • CITY OF OAK PARK HEIGHTS CONTRACT FOR REFUSE AND RECYCLABLE COLLECTION January 1, 1999 Through December 31, 2003 PURPOSE OF CONTRACT Superior services of Minnesota, Inc., hereinafter referred to as the"contractor"shall collect and properly dispose of all refuse 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 Agreement. The Contractor shall provide said services in compliance with all applicable laws and shall charge for said services on a volume-based schedule. II. TERM OF CONTRACT The term of this contract shall be a period of five(5)years commencing January 1, 1999 and ending on December 31,2003. The City and Contractor may agree to extend the term of this Agreement for an unspecified period of time beyond the original termination date,upon such terms and conditions as the parties shall mutually agree. 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. Base 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 30, 60, 90 gallon rates. Services provided for this price are defined in Attachment A. Container, means a 90-96 gallon, 60-64 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. 1 (i jr Dwelling Unit,means a separate dwelling place with a kitchen or area for the preparation of food. Garbage ,means animal and vegetable waste resulting from the handling, preparation, cooking, service and consumption of food. 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 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 nonreusable waste. Rubbish also includes nonrecyclable 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, stoves, dishwashers, washers and dryers,water heaters, furnaces, air conditioners,water softeners and other such items which are too large for one person to pick up. 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 biodegradable 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. S • IV. 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: i) A container of 90-96 gallons or a limit of three(3)containers not to exceed a total of 96 gallons. ii) A container of 60-64 gallons or a limit of two (2) containers not to exceed a total of 64 gallons. iii) A container of 30-35 gallons or a limit of two (2) containers not exceeding a total of 35 gallons. aa) Townhomes that have separate utilities and entrances are considered to be single-family 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 exclude them 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 • • Refuse in excess of the designated volume-base per dwelling unit will � P g be subject to additional collection service charges as set forth in Attachment B and will be billed separately by the contractor. Collection service for white goods and large items must have prior arrangements with the Contractor for collection and shall also be billed in accordance with Attachment B. f) 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. Refuse shall be delivered by residents to a drop-off site that shall be designated by the City. The contractor shall provide collection equipment and labor to load and transport refuse collected at these events to the disposal site, (as defined in Section IV.B.), at no additional charge to the City. The disposal or tipping charge will be paid by the City based on confirmed load tickets or other City- approved documentation. It shall be the Citys responsibility to notify residents of the designated clean-up day. 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. 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 4 • I biodegradable paper bags or a receptacle which is identified as yard waste. d) The Contractor shall deliver 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. 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 City for the recyclable materials agreed upon by the City and the Contractor. c) Collection from the curbside will include, at a minimum, newspaper, glass containers, aluminum,tin and steel cans, corrugated cardboard, magazines, mixed mail, box board, motor oil, automotive batteries 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 5 • additional materials involves a cost increase, compensation to the contractor may be renegotiated. d) The Contractor shall equip the Citys 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 the recyclable materials to a recycling market 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 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. f) The Contractor must report household participation rates using a method acceptable to the City for all households placing recyclables out for collection and must report the participation rate within ten (10) days of the following month. g) 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. h) The Contractor must provide monthly reports for all materials collected no later than the 10th day of the following month. The required information includes original truck scale tickets or market receipts, showing the name of the contractor and the market,the date of delivery to market, and the net weight and type of material and the value for which the material is sold. I) The City and Contractor will divide all proceeds from sale of recyclable materials at a rate of fifty (50)percent for each party. B. Disposal 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 Agreement. 6 S • 2. The Contractor shall dispose of all refuse 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 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. 3. Except as otherwise provided in this agreement, 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 1. All collection service shall be conducted between the hours of 7:00 a.m. and 8:00 p.m. on one day during the normal week of Monday through Friday (both inclusive); however, City preference is for a Thursday pick-up schedule. 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 day of pick-up by requesting such change in writing to the City at least twenty-one(21) days prior to the proposed date the requested change is to take effect. A change shall be effected only upon authorization from the City and fourteen(14) days notice to the residents. 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 authorization from the City. 7 • 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. 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 8 • S condition should be placed m and shovel in good usable cond p u . A broom g P 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 uniformly 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. 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 not been used since the last disinfection thereof, and shall thoroughly inspect 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 9 r 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 which shall include servicing of complaints. The City shall have direct communication access via phone or radio to superintendent to facilitate prompt servicing of complaints. 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 US West. 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 agreement in effect during the term of the Contract. 10 411/ • 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 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. Multiple and other family residential units not included within this proposal for municipal collection shall have the right to directly purchase 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 proposes to build 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 developments in the community, to include twinhomes, townhomes, condominiums, and apartment complexes, will have the right to directly purchase services from this contract. Special arrangements and negotiations will have to take place to arrange such. V. PAYMENT METHOD A. Each month the City will compensate the Contractor on or before the 10th 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. 11 • B. The total number of such residential units as of April 1, 1998, is agreed to be approximately 1,000 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. 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 V.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. 2. The disposal fee identified in Attachment A shall increase or decrease corresponding with the percent of increase or decrease of tipping or disposal fees paid by the Contractor. The Contractor must provide a sworn statement of disposal costs effective July 1, 1999 with proposal documents. 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 agreement of both parties. Either party may initiate an adjustment in the disposal fee upon a fifteen(15) day notice due to an increase or decrease in the tipping or disposal charges. F. The base dwelling unit prices will be established in Attachment A of this Contract. 1. The City shall bill and collect monies due from residents for a portion of the base dwelling unit price. 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 B 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. 12 • 2. The Contractor may request the City to charge all accounts delinquent for ninety (90) days on the customers 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. 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 P Y� P P Liability 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 Contractora 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 Contractora 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 least 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. this Contract, the City may take In the event the Contractor fails to properly perform under t s o y y 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. 13 S S C. Indemnification 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 and/or because off damages to 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. NONDISCRIMINATION 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 due may be forfeited for a second or subsequent violation of the terms 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 Agreement 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 Agreement, 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 Agreement 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, 14 s. 40 4 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 Agreement and agreed to be subject to all the conditions and restrictions to which service is subject. It is the intent of this Section VIII.A.3,together with other provisions of this Agreement,that (to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) 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 Agreement; 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 Agreement, 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 determines 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. 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 to do such work and the cost of such expenses thereof may be charged and deducted from any monies due the Contractor, collected from the Contractor, or collected by recourse to the Contractora bond or financial guarantee instrument submitted subject to this section. X. ENTIRE AGREEMENT This Contract with Attachments A & B, incorporated herein by reference, is the entire agreement between the parties. No modification of this Contract shall be valid or effective, unless made in writing and signed by the parties hereto. 15 I • 0 IN WITNESS WHEREOF,The City of Oak Park Heights and Superior Services of Minnesota Inc. have executed this agreement the day and year written below. / Superior • ic• i f in e o a,I,? . �� / CITY OF AK PARK H IG S /� / 11)47v4-11.°K y ,Its (� �1l/I�P' Mayor David D. Schaaf And t Sy----...„V---„, NN IN, ,.---,...c....,—...._ By City Administrator Thomas M. Melena Its Date i I-Ig'(l2 Date CERTIFICATES OF ACKNOWLEDGMENT STATE OF MINNESOTA ) ) COUNTY OF WASHINGTON ) On this A P 71 day of, 1998 before me personally appeared 4-75e1c. 3- 0.4-/)---e& and // to me known,who,being duly sworn, did say she/he is the 4..Pu. 4 4 GLe a . and _respectively, of Superior Services of Minnesota, Inc, and acknowledged that they executed the same as their free act and deed being fully authorized by Superior Services of Minnesota, In : •o so o behalf of said corporation. No ary Public . . STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) On this \% day of, 1998 before me personally appeared David Schaaf and Thomas M. Melena 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. Notary Public ti "ow LISA SCHLEUSNER ti • NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2000 17 • NOV-09-98 NON 03:41 PM FAXA 6124588455 P. 03 • SUPERIOR SERVICES REVISED ATTACHMENT A CART SIZE 30 GAL 60 GAL 90 GAL DISPOSAL FEE $2.05 $3.27 $4.90 COLLECTION FEE $4.65 $4.65 $4.65 RECYCLING FEE $2.20 $2.20 $2.20 YARD WASTE FEE $1.00 $1.00 $1.00 APPLIANCE FEE $ .30 $ .30 $ .30 TOTAL UNIT PRICE $10.20 $11.42 $13.05 • • ATTACHMENT B,page 1 of 1 ATTACHMENT B ADDITIONAL COLLECTION SERVICE CHARGES TO BE BILLED BY THE CONTRACTOR DIRECTLY TO THE HOMEOWNER EXTRA REFUSE $ 1.50 /30 gallons $ 1.00 /15 gallons AIR CONDITIONERS Inc. in Attachment A STOVES WATER CONDITIONERS FURNACES WATER HEATERS WASHERS/DRYERS REFRIGERATORS/FREEZERS " MISC. HEAVY APPLIANCES CHRISTMAS TREES N/C -Limit one per household per year NOTE: CONSTRUCTION ROLL-OFFS ARE NOT INCLUDED IN THIS PRICING, NOR ARE THEY CONTROLLED OR MANDATED BY THIS CONTRACT.