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HomeMy WebLinkAboutUntitled 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 III r ,, • • 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, recyclable's, 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) 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 •e) Refuse in excess of the designate volume-base per dwelling unit will 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 ptior 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 p g 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 y i g 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 r - 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 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 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 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. 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 • 111/ 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 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 Contractors 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. Su eri+r ie ff. i n a p o �, . gAY /• CITY OF AK PARK H IG S By Its_ (� ? Nee 1 ,1 '4- i Mayor David D. Schaaf And \6 By City Administrator Thomas M. Melena Its Date I 1-13 -6)(8 Date CERTIFICATES OF ACKNOWLEDGMENT STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) On this / 'n day of, 1998 before me personally appeared 4-75e7c.. („3.4-/fre,2_ and to me known, who,being duly sworn, did say she/he is the 4.eu�4 4.Q G��✓z. 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. PP No ary Public • • S STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) On this \9 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. • • I. A i 1 _ otary Public LISA SCHLEUSNER ti my C IJBUC-MINNESOTA 4,-. Expires Jan.31,2900 17 • NOV-09-98 MON 03,41 PM FNO. 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 II 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. ■ . • Gopher Mr. Tim Dorn PO Box 6 Newport,MN 55055 BFI Mr. Paul Rosland 7900 Xerxes Avenue South, #600 Bloomington, MN 55431 United Waste Systems Mr. Ronald Gersdorf 8678 75th Street North Stillwater, MN 55082 Maroney Sanitation Mr. John Maroney 9209 Lansing Ave. N. Stillwater, MN 55082 Randy's Sanitation PO Box 169 Delano,MN 55328 Twin City Sanitation,Inc. PO Box 120174 St. Paul, MN 55112 MPH 3119 150th Lane NW Andover, MN 55304 Eagle Environmental 1375 7th Ave. Newport, MN 55055 Highland Sanitation 1811 Century Ave. Newport, MN 55055 Larson Hauling Service PO Box 207 Stillwater, MN 55082 Waste Busters Disposal PO Box 228 Lake Elmo, MN 55042 Troje's Trash Pick Up PO Box 40 Newport, MN 55055 Red Arrow 44 E. Acker St. St. Paul, MN 55117 Wynne's Rubbish 880 Duluth St. St. Paul, MN 55106 Aagard Sanitation, Inc. 3291 Terminal Dr. Eagan, MN 55121 Waste Management PO Box 9 Circle Pines, MN 55014 Gene's Disposal Service 6808 117th St. N. White Bear Lake, MN 55110 Walter's Recycling and Refuse 2830 101st Ave. NE Blaine, MN 55449 ' 1..t.aY.�:_ 4.-..s.. "3.+J, ..:i.�-�....i..-..� •.:,:'s'. ::,.': ......_.. ACORD !C E R TI ., ed f s R ® -. r x DATE(MM/DD/9 ?� ,. �,... ° rt� _, t �?I lNote S+h P IV. � . _>, �, e ar, 09 24/99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Landmark Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 232 South Lake Street HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR PO Box 188 2 7 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Forest Lake MN 55025 COMPANIES AFFORDING COVERAGE Kate Tipping COMPANY Phone No. 651-464-3333 Fax No.651-464-7596 A LMCIT-Berkley Risk Services, I INSURED COMPANY B City of Oak Park Heights COMPANY Thomas M. Melena, City Admin. C 14168 N 57th St, Box 2007 COMPANY Stillwater MN 55082 D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS 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(MMIDDI(Y) GENERAL LIABILITY GENERAL AGGREGATE 8750,000 A X COMMERCIAL GENERAL LIABILITY CMC18745 07/07/99 07/07/00 PRODUCTS-COMP/OPAGG $ 750,000 X CLAIMS MADE OCCUR PERSONAL&ADV INJURY _ $ OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE 8750,000 FIRE DAMAGE(Any one fire) 850,000 MED EXP(Any one person) 81,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT E ANY AUTO ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) 9 PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM S WORKERS COMPENSATION AND WC STATU- OTH TORY LIMITS ER EMPLOYERS'LIABILITY EL EACH ACCIDENT _ S THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT S PARTNERS/EXECUTIVE — — — OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS, ATTN: THOMAS 'HAUGEN ;, ,. „ .< CERT FICATEHOLDER �r � ;x � o'er C3ChICLLATiON z 30, � - +`.� .,aa a. .>U....ms,,.,� '�.r £ ��^���?- . M`�+�a�s'; � t + WASHI-8- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES B CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Washington County Public ` 10•=DAYS WR NNO4IdETThECERTIFIGATE HOLDER NAMED TO ThE LEFT, Health & Environment SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LUIBIUTY 14900 61st St N ,,.,.. _ . . —PO BOX ,38 03 -„-�OF ANY KIND UPON THE COMPANY,--AGENTS OR REPRESENTATIVES. v AUTHORIZED REPRESENTATIVE ° Stillwater MN 55082-3803 .... mm. v ".. ,r< Kate Tipping .a YVRD f . 13,7 Y t>z e� Y� p6E gC dA 98 1) S Superior' 4•• SUPERIOR SERVICES,ST.PAUL P.O.Box 281 Newport,MN (651)459-3029 Thank you for your participation in the Recycling Program. You are making an important contribution toward saving natural resources. To help in the collection and processing of your materials we have an easy guide to assist you. HOW TO PREPARE YOUR RECYCLABLES •Newsprint:Place entire newspaper in separate grocery bag. Place in or near to recycling bin. •Cans:Place aluminum and metal cans in bin. •Glass:Jars and bottles only. Rinse and place in bin. n light bulbs,window panes,glassware,or ceramics. •Cardboard:Corrugated cardboard.Break down into pieces no larger than 3'x 3'. Bundle with twine or string. •Mixed Paper:All mail including envelopes,magazines, catalogs,direct mail,office,copy and school paper plus boxboard.(Boxboard is cereal,cracker,cake and snack boxes plus shoe,gift,game,pop and detergent boxes.)Place all these in a separate bag. WE HAD TO LEAVE THIS MATERIAL BECAUSE: If You Have Any Questions Please Call Call 651-459-3029 • SUPERIOR SERVICES,ST.PAUL P.O.Box 281,Newport,MN (651)459-3029 WELCOME TO SUPERIOR SERVICES! Here are some helpful hints for proper refuse disposal! Please keep for future reference and holiday schedules. 1. Please place your two wheel cart as close to the curb as possible(if no curb then place on alley line.)Please bag all rubbish and place in cart. 2. Place refuse at curb or alley by 7:00 A.M. We recommend the night before. 3. We recycle appliances.Please call the office to make arrangements. 4. We can remove mattresses,springs,furniture,and remodeling material.Call the office for details. 5. By law leaves and grass clippings must be composted. You may do this yourself or call us for information on our compost program and compost bags. 6. Please cut all brush and hedge clippings in 4 ft.lengths and bundle. 7. Paint cans should have the covers removed and the paint allowed to dry.Then place in refuse. 8. For your convenience we can deliver a box of 100 30 gallon size refuse bags.Call for details. 9. We have 10.15-30 yard containers available for large jobs such as roofing,remodeling,etc. Holiday service is provided one day late if your pick-up day falls on the holiday or later during the same week. EXAMPLE: If a holiday falls on a Monday,Monday's route will be picked up on Tuesday,Tuesday's on Wednesday,Wednesday on Thursday,Thursday on Friday,and Friday on Saturday. HOLIDAYS WE OBSERVE Memorial Day Thanksgiving Day July 4th Christmas Day Labor Day New Years Day Office hours are 7:00 a.m.to 5:00 p.m. We have a message recorder on after hours for your convenience. Call 651-459-3029 PLEASE PLACE IN A CONVENIENT PLACE AS AN EASY REMINDER. - r . MINNESOTA Departme•Revenue • Solid Waste Management Tax The new Solid Waste Management Tax (SWM tax) will fund state recycling and landfill clean-up programs. It replaces the SCORE tax(sales tax on waste management services)and the Solid Waste Generator Assessment, effective January 1, 1998. This fact sheet explains how the tax is administered. General information Mixed municipal solid waste What is taxable? The SWM tax is based on a percentage of the sales Solid waste management services for both mixed price for mixed municipal solid waste services. municipal solid waste and non-mixed-municipal solid Sales price includes all charges associated with the waste (construction and demolition waste, infec- service, including collection, transportation, pro- tious and pathological waste, industrial waste), are cessing, and disposal fees, whether billed separately subject to the SWM tax. or together. Solid waste management services include waste Mixed Municipal Solid Waste (MMSW) is garbage, collection, transportation, processing and disposal. refuse, and other solid waste from residential, Who collects the tax? commercial, and community activities that the Waste management service providers are responsible waste generator aggregates for collection. (M. S. for collecting and remitting the solid waste manage 115A.03, subd 21) ment tax.;- t , 4uatg�eraen service provider is ally The following are examples of items that are not ay,}als,tgenerafor or self-hauler tor included in the definition of MMSW so long as they *astir tiattagement services.This includes waste are collected, processed, and disposed of separately haulers, waste management facilities,utility services, from MMSW: ash, auto hulks, construction debris, and political subdivisions. lead acid batteries, mining waste, motor vehicle Your responsibilities as a waste management fluids and filters, sludges, street sweepings, tires, service provider are: tree and agricultural wastes. • to itemize the tax separately on the appropriate statement of charges for services and designate Rates the tax as the "solid waste management tax;" Residential generators--9.75% • to bill the tax to your customers when you bill "Residential generators" include single family for services; residences, apartment buildings, condominiums, ■ to bill the tax for mixed municipal solid waste manufactured home parks, and townhomes. services at 9.75 percent of the sales price for residential generators and at 17 percent for The rate is 9.75 percent of the bill for waste man- commercial generators and self-haulers; agement services at a multi-residence building or site, regardless of whether the waste management • to bill the tax for construction and demolition service provider bills a resident separately for the waste and other non-mixed-municipal solid service or bills the owner or association. waste services at $.60 per non-compacted cubic yard of waste for all customers whether corn- Commercial generators -ha� 11 mercial or residential generators, or self-haulers; "Commercial generators" include the owner or operator of a business, including a home-operated • to accurately account for and remit the taxes business, industry, church, nursing home, nonprofit collected; organization, school, prison, hotel or any other ■ and, if you are a commercial hauler, to provide commercial or institutional enterprise that generates each waste management facility you use with a mixed municipal solid waste. completed Form SWMT-10 (this replaces the ST- The federal government and its agencies are exempt 10 effective January 1, 1998; see page 6). from the SWM tax. Special Taxes Division • Mail Station 3331 • St. Paul, MN 55146-3331 October 1997 Self-haulers of MMSW pay the tax to a/operator of separated from milk municipal solid waste for the waste management facility to which the waste is recycling, including paper, glass, plastics, delivered. A "self-hauler" is a person who trans- metals, automobile oil, and batteries. It does not ports MMSW or non-MMSW generated by that include refuse-derived fuel or other material that person or another person without compensation. is destroyed by incineration. ■ Residue from a recycling facility that separates Bags or sticker sales and processess recyclable materials and reduces the volume by at least 85 percent is exempt In some cases, generators receive waste manage- from the SWM tax. ment services by purchasing bags, stickers, or other indicia. When political subdivisions or waste ■ Waste generated outside Minnesota is exempt. haulers sell these bags or stickers to vendors, the • Source-separated compostables. Through political subdivison or waste hauler is responsible December 31, 2002, compostable waste man- for collecting SWM tax on the price of the bags or agement services are exempt if the materials are stickers when the bags or stickers are sold to the food wastes, fish and animal waste, plant vendor. The vendors must pass the tax on to the materials, diapers, sanitary products, or paper generators by including the tax amount in the price that is not recyclable. In addition, they must be: charged to generators for the bags or stickers. 1. separated by the generator to prepare it for When generators pay for waste management use as compost; services by purchasing the bags or stickers directly 2. collected separately from other MMSW; from the political subdivision or waste hauler, the 3. delivered to a facility approved by the political subdivision or waste hauler is responsible Minnesota Pollution Control Agency for collecting the SWM tax from the generator. (MPCA) for composting; and 4. the process residuals do not exceed 15 The tax rate is 9.75 percent for bags or stickers that percent of the weight of the total materials will be used by residential generators, and 17 delivered to the facility. percent for those used by commercial generators. For more information on this exemption, contact Sales tax: political subdivisions and waste haulers the MPCA at (612) 282-2663 or toll free: pay sales tax on the purchase of bags, stickers, or 1-800-657-3864. other indicia from manufacturers or other distribu- ■ Certain recyclables commingled with MMSW. tors. There is no sales tax on the sales from the Charges for managing recyclable materials that political subdivision or waste hauler to either the are commingled with MMSW are exempt if: vendor or generator, or from the vendor to the 1. recyclables are separated by the waste generator. generator; 2. the MMSW is segregated in leak-proof bags; Exemptions 3. recyclable materials are delivered to a sr materials recycling facility that recycles at least 85 The charge for managing recyclable materials is percent of its waste; and exempt from the tax if all four of the following 4. the MMSW does not exceed 5 percent of the criteria are met: total weight of the materials delivered to the 1. the generator must separate recyclables facility. For recyclable materials commingled with from other wastes; MMSW, the collection service and taxes for the 2. the recyclables must be collected separately MMSW portion must be included in the price of from the other wastes; specific collection bags or stickers purchased by 3. the recyclables must be delivered to a waste the waste generator. management facility where they are re- cycled; and • County service fees on property tax statements 4. the charge for managing the recyclable are exempt. Counties that directly bill for material must be separately itemized on the organized collection of MMSW on property tax generator's billing statement. statements will pay tax on the market price of "Recyclable materials" means materials that are waste management services. 2 • Waste and waste by-pr3'<fucts on which the Manage "'material separately SWM tax has already been paid are exempt. The SWM tax is imposed at the non-MMSW rate • Surcharges or fees imposed under sections only if this waste is collected, processed, and 115A.919, 115A.921, 115A.923, or 473.843 are disposed of separately from MMSW. For example, if exempt. These are surcharges or fees charged to construction, demolition, or industrial waste is operators of MMSW facilities by a county, city or disposed of in a sanitary cell with MMSW, processed town, the Metropolitan Landfill Abatement Fee with MMSW into refuse derived fuel, or incinerated and the Greater Minnesota Landfill Cleanup Fee. with MMSW, then all of the waste must be taxed at The customer is responsible, however, for 17 percent of the sales price of the waste manage- paying tax on the amount of the tip fee they are ment service. charged. Waste management service providers who Rate: the tax on non-MMSW is $0.60 per separately state these surcharges, charges or fees noncompacted cubic yard on their billing statement should contact the The tax rate for non-MMSW applies to commercial Department of Revenue for verification that the and residential generators alike. A residential surcharge, charge or fee is in fact tax-exempt. generator that generates non-MMSW will pay $.60 per non-compacted cubic yard for the management of non-MMSW in addition to paying tax on MMSW Containers management service. Similarly, self-haulers must Generally, containers are provided as part of the pay at the same rate, whether the Non-MMSW that waste management service, whether there is a they transport is their own or is generated by separately stated charge or not, and the charges for someone else and transported without compensa- MMSW containers are subject to the SWM tax. tion. Industrial waste, however, is exempt from tax For separately stated container charges to be non- when it is transported to a facility owned and taxable under the SWM tax, all three of the following operated by the same person that generated it. criteria must be met: Ordinarily, the SWM tax is imposed on the capacity 1. the container must be on the customer's site; of the container used by the generator. However, if 2. the customer's bill must reflect a reasonable the service provider calculates its waste manage- rental or lease charge for the container; and ment service fee based on the actual volume or 3. the customer must have the option of using that weight of waste, then the tax must be calculated container while receiving service from a differ- using the same method. ent waste management service entity. Sales tax: effective January 1, 1998, if the three Conversion table above criteria are met, separate charges for MMSW If you calculate your waste management containers, while not subject to the SWM tax, are service fees based on weight, you must use subject to sales or use tax as the rental of tangible these weight-to-volume conversions when personal property, and waste haulers may therefore billing the SWM tax to customers of non- purchase containers exempt for resale. mixed-municipal solid waste. Demolition and construction waste Construction and demolition 1 ton = 3.33 cubic yards = $ 2.00 waste and other non-mixed- Infectious and pathological waste municipal solid waste 150 pounds = 1 cubic yard = $.60 The SWM tax is a volume-based tax for non-mixed- Industrial waste municipal solid waste service. Request approval to use your established Non-Mixed-Municipal Solid Waste ("Non-MMSW") conversion by writing to the Department of is defined as construction and demolition waste, Revenue. infectious and pathological waste, and industrial waste. 3 • Exemptions Old lines will cone for a short time ■ Construction/demolition and other non-MMSW Lines 105, 106, 107, and 108, will remain for a generated outside of Minnesota. time to accommodate the solid waste generator assessment (SWGA) and sales tax on MMSW ■ Certain recyclables: collection and disposal services (SCORE) for The following three criteria must be met for the services received prior to January 1, 1998. non-MMSW recyclable materials to be exempt: 1. the generator must separate recyclables Penalty for failing to report SWM tax on from other wastes; 2. the recyclables must be collected separately the correct lines from the other wastes; and Those who report the SWM tax on the wrong lines 3. the recyclables must be delivered to a waste of the sales tax return will be penalized. The penalty management facility for recycling. is 10 percent for the first violation and 20 percent Any residue remaining after recycling non- for subsequent violations. The penalty applies only MMSW is subject to the SWM tax. Refuse- to the SWM tax that should have been reported on derived fuel or other material that is destroyed lines 102, 103, and 104, but was included on other by incineration is not a recyclable material. lines of the sales tax return. • Industrial waste, when transported to a facility owned and operated by the generator. Political subdivisions Political subdivisions that directly bill the generator Reporting and remitting the tax or self-hauler for waste management services are Report the tax on your regular sales tax return, responsible for collecting and remitting the SWM Form ST-1. If your return does not have the lines tax. listed below, as of January 1998, please call 1-800-657-3605. Market Price Political subdivisions that subsidize the cost of What to report on each line: service at a facility will pay tax on the difference Line 001, Gross Receipts between the tip fee charged to customers at the Report the total receipts or sales from all business facility and the market price, if the tip fee is less operations in Minnesota. than the market price. Line 100, General rate sales Political subdivisions that directly bill for organized Report all taxable retail sales not related to collection of MMSW on property tax statements will waste collection service. pay tax on the market price of waste management Line 102, Residential SWM tax services. Report mixed municipal solid waste manage- The political subdivision must identify the market ment services to residential generators January price by resolution and submit it to the director of 1, 1998, and after. Include amounts from selling Office of Environmental Assistance (OEA). For bags or stickers to vendors for resale to residen- questions about identification of the market price, tial generators. call OEA at (612) 215-0261 or toll free: Line 103, Commercial SWM tax 1-800-657-3843. Report mixed municipal solid waste manage- ment services to commercial generators and self-haulers January 1, 1998, and after. Include History and purpose of solid amounts from selling bags or stickers to ven- waste taxes dors for resale to commercial generators. Background Line 104, Non-MMSW SWM tax Based on recommendations from the Select Corn- Report the $0.60 per noncompacted cubic yard mittee on Recycling and the Environment (SCORE), tax for services to customers on or after January the Minnesota Legislature extended the sales tax to 1, 1998. municipal solid waste services in 1989 to pay for statewide waste education and recycling programs. 4 The tax, often called the SCO tax, funded projects help fund methan 700 curbside recycling collec- that reduce the state's reliance on landfills and tion programs serving more than 3.2 million people improve recycling, source reduction, yard waste statewide; 1,300 recycling stations and drop off composting and waste education activities. centers and over 110 recycling centers; market In 1993, the Minnesota.Legislature established the development grants and loans; problem materials Solid Waste Generator Assessment (SWGA), which collections; and other solid waste activities. imposed a fee of $0.12 per cubic yard of container capacity for commercial waste generators and a fee How will the tax affect the environment? of $2 per year for residential waste generators. This The tax will continue the waste reduction and revenue went to pay the costs of investigating old recycling programs, administered by the OEA and landfills for necessary cleanup work, and for counties, that have placed Minnesota among the Minnesota Pollution Control Agency (MPCA) costs national leaders in resource conservation. It also of groundwater protection, solid waste permit and enables the MPCA to continue the landfill cleanup compliance activities, and solid waste policy program and solid waste system activities that development. In 1994 the legislature directed the reduce pollution from existing solid waste. MPCA to take on the cleanup and permanent care Minnesota's Closed Landfill Cleanup Program is of 106 old landfills, increasing the commercial transferring permanent care of 106 closed landfills, portion of SWGA to $.60 per cubic yard to pay for totaling 2,000 acres of filled ground, to state gov- the extra responsibility. The legislature also broad- ernment. ened the base to include construction and demoli- tion waste, medical waste and most industrial waste. It directed all SWGA revenues to the Solid Waste Questions? Fund. That fund pays the costs of the landfill General information line: cleanup program, as well as costs of specific Toll-free numbers will provide facts to the industry ground water and solid waste programs, as autho- and consumers about the solid waste management rized by the legislature in biennial appropriations. tax. Messages cover general information and Over the years, these two charges, the SCORE tax provide specific phone numbers for technical and SWGA, were separately itemized on residential inquiries. In the Twin Cities, call (612) 215-0223; and commercial solid waste collection bills. elsewhere in Minnesota, dial toll-free: 1-888-234-3788. Why change to a new system? Technical inquiries: The new tax is easier for the customer and waste For questions about charging, collecting and professionals to understand because it is one system reporting the solid waste management tax, please rather than two. It will also streamline state tax call (612) 282-5770 at the Department of Revenue. administration. It should be easier to audit for Outside the local calling area, call toll-free: compliance. 1-888-234-5187. How will the tax be used? For TDD/TTY, contact us toll-free through Minne- Proceeds from the new single tax will continue to sots Relay at 1-800-627-3529. pay for the programs that the SCORE tax and Solid Waste Generator Assessment have funded in the Tipline: past. To report possible non-compliance with the law, call Fifty percent of the proceeds or at least $22 million our Tipline toll-free: will be deposited into the Solid Waste Fund for the 1-800-657-3500 cleanup and solid waste program purposes estab- lished by statute or biennial appropriations. The Mail inquiries: remainder will support county recycling block Minnesota Department of Revenue grants and related solid waste activities adminis- Special Taxes Division, Mail Station 3331 tered by the Office of Environmental Assistance St. Paul, MN 55146-3331 (OEA). Programs include county block grants that 5 a . r MINNESOTA Department of Reue Special Taxes Waste Hauler's Exemption Certificate SWMT-10 Purchaser:Complete this certificate and give it to the seller. Seller:Keep this certificate as a part of your records. Incomplete certificates cannot be accepted in good faith. Nome of authorized purchaser Minnesota tax ID number(if no number,state reason) Nome of purchaser's business `° Business address City State Zip code 'gam Name of disposal site Address City State Zip code To qualify for exemption, you must be in the business of providing waste management services for compensation. Solid waste management tax—Check all that apply: f -ra ❑ I collect and remit the solid waste management tax to the state of Minnesota, on charges to my customers for waste management services. ° o I provide waste management services to a city or municipality that collects the solid waste management tax from its ° citizens on charges for these services. ❑ This waste was generated outside Minnesota and not subject to the solid waste management tax. ❑ Mixed municipal solid waste from a recycling facility that achieves at least 85%volume reduction. ❑ Federal Agency I declare that the information on this certificate is correct and complete to the best of my knowledge and belief. Signature of authorized purchaser Title Date Daytime phone If you have any questions,call the MN Department of Revenue at(612)282-3770 or 1-888-234-5187 Nearing-,speech-or visually impaired:TDD/TTY users can contact the department through the Minnesota Relay Service at 1-800-627-3529.We will provide this information in an alternative format,such as Braille,large print or audio tape, upon request. !ityof • la µ 4 , Oak Park Heights '; 14168 57th Street N.•Box 2007•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax 439-0574 Fax Memo To: Rick Albrecht, Superior Waste From: Public Works Director, Jay Johnson, PE cc: [Click here and type name] Date: 04/30/99 Re: Tree Clippings and Recycling Not Collected and Improper Collection The following addresses were observed to have properly bundled tree clipping on the curb on Thursday and not picked-up. This is only one section of the city that was reviewed other areas may also have trimmings. 57th Street Upper 56th Street 55th Street Obrien Avenue 14215 - 14551 14378 5554 14508 14462 14533 5530 14566 14641 14641 Recycling was not collected on the east side of Beach R oad and eastside of Paris Avenue from HWY 36 to 64th Street. I observed compost being mixed with regular refuse on 64th Street. One of our citizens on Lookout Trail asked the driver why he was mixing compost with refuse and he said the driver stated that the compost truck had left the city so he was picking up the compost rather than leaving it. The previous week the same citizen had asked why recycling was being mixed with refuse and received a similar answer. If you have any question please call me. Jay TREE CITY U.S.A. • • 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 • • 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 handlin g, 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 t g 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 g , 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 ste 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) 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 desi avolume-base per dwelling unit will 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 4 411 1111 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 ec on 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 • • 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 ood'C�sable condition should be placed p s 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 • • 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 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 customero 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 Contractoro 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 Contractors 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. Su eriIr • ic ,f in 1�p Z1&I . � � �f CITY OF/AK PARK H IG S `1 By I d Its p ee / /t/l - i Mayor David D. Schaaf And \ By City Administrator Thomas M. Melena Its Date I I-13 -t)c6 Date CERTIFICATES OF ACKNOWLEDGMENT STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) On this /e n day of, 1998 before me personally appeared 4-75e7c� ZY f_e. and f/ to me known,who,being duly sworn, did say she/he is the .eu.0 J ff. 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 f • • r STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) On this Vq,) 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. SkidititA LISA SCHLEUSNER Notary Public •,• NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31.2000 17 NOV-09-98 MON 03:41 PM F NO. 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. r __._, J&H MARSH & 411N INC. CERTIFICATE INSURANCE CERTIFICATE NUMBER 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 2100 THANKSGIVING TOWER POLICY.THIS CERTIFICATE DOES NOT •-• • EXT.EAIn no Al TFR THE rnVFRM_a 1601 ELM ST AFFORDED BY THE POUCIES LISTED HE-•:IN ' " 1 W7 7 DALLAS TX 75201 COMPANIES • 9" e,.-:" -eXtE'i� GE'--- '''" 214-765-8400 CONTACT HOPE PINSON 10056--POLL- STPAU Co A ANY COMMERCE AND IND 1 ' I IN INSURED COMPANY Superior Services, Inc. B AMERICAN HOME AS 1 r. MPANY ^ __j; -' Superior Services-St. Paul 1375 7th Avenue COMPANY Newport,MN 55055 C N/A COMPANY D INS.CO.OF THE STATE OF PA COVERAGES ,, ',This certificate supersedes and replaces any previously issued certificate. 0 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED 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 LISTED 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 POUCY NUMBER POUCY EFFECTIVE POUCY EXPIRATION LIMITS LTR DATE(MM/DDNY) DATE(MM/DD/YY) A GENERAL UABIUTY GL 4177311 03/30/98 07/01/01 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 FIRE DAMAGE(Any one fire) _ $ 1,000,000 MED EXP(Any one person) $ 5,000 A AUTOMOBILE UABIUTY CA 766 6100 07/01/99 07/01/00 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) — HIRED AUTOS BODILY INJURY (Per accident) $ NON-OWNED AUTOS PROPERTY DAMAGE $ GARAGE UABIUTY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY. EACH ACCIDENT $ _ AGGREGATE $ EXCESS UABIUTY EACH OCCURRENCE $ — UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ B WORKERS COMPENSATION AND WC 455 0656(WI) 07/01/99 07/01/00 X I WC STA I U- 1 0A-1-', EMPLOYERS'UABIUTY TORY LIMITS B WC 455 0654(O/S) 07/01/99 07/01/00 EL EACH ACCIDENT $ 1,000,000 D THE PROPRIETOR/ X INCL WC 455 0655(FL) 07/01/99 07/01/00 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) E TIFIC"ATEHOt.DERI ... ' GANCELL°ATION C , SHOULD ANY OF THE POLICIES LISTED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL_fig DAYS WRITTEN NOTICE TO THE CERTIFICATE CITY OF OAK PARK HEIGHTS HOLDER NAMED HEREIN.BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF 14168 N.57TH ST. PO BOX 2007 ANY KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES.OR THE ISSUER OF OAK PARK HEIGHTS,MN 55082 THIS CERTIFICATE. J&H MARSH&MCLENNAN,INCORPORATED BY: Barry N.Smith . JHIVIM1 (2198) VALID AS OF: 10/01/99 • MARSH USA INC. 1000 LOUISIANA, SUITE 4000 HOUSTON, TEXAS 77002 (713)646-0762 FAX: (713)654-0443 Certificate of Insurance Transmittal October 01, 1999 City of Oak Park Heights 14168 N. 57th St. PO Box 2007 Oak Park Heights,MN 55082 RE: Holder: City of Oak Park Heights Insured: Superior Services-St.Paul The Certificate of Insurance you requested by the firm indicated on the Certificate has been faxed/mailed.Attached is a copy for your records X Attached is the Certificate of Insurance you requested.A copy of the Certificate has been sent/faxed to the insured. Please do not hesitate to let us know if you have any questions. Sincerely, Daryae 7rao Denyse Tran T D / Enclosure-1 Cc: Ann Rosene • CITY F • OAK PARK HEIGHTS 14168 N. 57th Street•Box 2007.Oak Park Heights,MN 55082 •Phone: (612) 439-4439•FAX 439-0574 • MEMO TO: Mayor and Council FROM: Thomas M. Melena SUBJECT: Waste Removal Contract DATE: November 10, 1998 As you are aware, over the last four-month period of time, we have gone through a process of dialogue, public hearings, worksessions, analysis and study of our solid waste g � Y Y program within the City of Oak Park Heights. Through that process,we have put together a program that addresses our expectations and desires for this very critical service for our community. This whole project culminated in the proposals that were received in October that have now been reviewed and analyzed by City staff, along with the request for any counter- proposals that could be received prior to this City Council meeting. As of Monday,November 9, 1998, all final counter-proposals have been received and are as per the attached documents. It would therefor, appear that the two final contractors and their prices would be Superior Waste Removal at a base price of$131,027.40 and BFI Waste Removal for a total price of$137,725.80. In order to compare apples to apples,this is based on the inventory of users as of this mid-year, that being a total of 923 users as of that time. Those numbers will ebb and flow as development happens in the community p pp ty or as buildings are reconstructed or removed. But, in order to compare one, are p on price to another,we used those numbers as a baseline. Additionally, if you recall in the 1999 budget, we anticipated a need for up to $95,000.00 worth of subsidies and also, based on that 923 number, we estimated that city residential fees will bring in approximately another$65,000.00 worth of fees, leaving us a total budgeted amount of$160,000.00 for this service. Obviously, both low proposals come in under our budgeted amount and therefor, do not leave us with any cashflow deficit that we anticipate at the present Y P P time. At the same time, realizing that these numbers may change with normal variations, we do g Y , not want to have the budget so tight that we cannot have some flexibility. Therefor, we would uld not recommend any changes in the 1999 budget, nor would we recommend any changes in any fees presently being collected. This now means that from a financial standpoint, all the proposals do fall in i n 1 ne with our budgets. Now for the hard part. In reviewing all documents and having detailed conversations with both parties, it is my responsibility as your City Administrator to make a recommendation to you as to with which firm we should proceed. I would point out to you that both firms meet the requirements, both firms have good experience in the area, both firms are reliable firms. Of Tree City U.S.A. • • particular concern,was how complaints and/or questions on the service would be handled as well as other services that we feel would be necessary for this solid waste removal program. Also, please realize that since we have received a price on the cost of removing white goods, both by individual charges as well as just adding it into the price of the hauling, it was recommended by staff that those white good prices be added into both contracts and that program continue to be part of our ongoing service. This now means that we will not lose any level of service for any of our customers and, in fact, with the twice per year annual clean-up, we will actually be increasing the level of services to the citizens. I would point out that both firms are very responsive in our dialogue. I would also point out that Superior, from the very beginning indicated that the price they gave us was their bottom line price. They were willing to adjust for the white goods pick up and did match the proposal that had initially been brought in by BFI of the 30 cents per month on that cost. On the other hand, BFI, after looking at everything did sharpen their pencil a bit. They brought their prices downwards, but could not match Superior Services on the price. At the very last, they did indicate that they would not charge us the extra 30 cents per month for the white goods, but actually would include that in the cost of their base price. Therefore, we are now finding that we are very, very close on the pricing. Superior for a 30-gallon service is $10.20, whereas BFI is $10.65. Superior for a 60-gallon service is $11.42 versus BFI at$11.95. Superior for a 90- gallon service is $13.05 whereas BFI is at $13.85. Total cost means that the two, with the inventory of residents involved, are now within$6,700.00 of each other. I really need to emphasize that both firms are good quality firms. Both firms have been in the waste industry for a fair amount of time, BFI a little bit longer than the reorganized Superior. BFI is the second largest in the nation, Superior is the fifth largest firm in the nation. Superior was organized basically in the 94195 time frame through a combination of efforts in buying other firms, therefore, they can trace their lineage back as far as BFI can with some of the original firms that were purchased. Now to the crux of the matter. Although both firms are good quality firms, I have a gut feeling of a little bit higher confidence level in BFI. Part of that may be that they bent over backwards to help us out during the storm damage this summer. Part of that may be that they have a contract with Bayport and therefore, would be easy for us to compare service. Part of that may be that they have been around as a single organization for a little bit longer than Superior. This, in no way means that Superior is not a good firm and in fact, I find Superior to be very interesting as that new, younger firm that wants to grow. We have found that in checking references for Superior, that the City of White Bear Lake is very impressed with how they have received service and again, their references all checked out but BFI had the same high level of respect for their reference check. The only thing I can come back to is that there is just a little bit -not much - but a little bit more confidence level with the older firm and how they have been doing business as well as how they are doing some of their public education efforts. Based on that and again, not really on dollars or things that I can totally put my fingers on, I would recommend that the City award this proposal to BFI. If you have any comments or questions, please let me know. S • REVISED ATTACHMENT A 30 Gallon 60 Gallon 90 Gallon Disposal Fee 2.10 3.10 4.70 Collection Fee 5.00 5.30 5.60 Recycling Fee 2.45 2.45 2.45 Yard Waste Fee 1.10 1.10 1.10 TOTAL $10.65 $11.95 $13.85 Base Dwelling Unit Price BFI Proposal 11/05/98 4 - NOV-09-98 MON 03:41 PM FAX 0, 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 • Waste Removal Proposal Cost Matrix Current Costs Seniors $ 13.50 30 gallon $ 13.75 x 52 = $ 715.00 60 gallon $ 16.95 x 600 = $10,170.00 90 gallon $ 18.45 x 271 = $ 4.999.95 Sub total $15,884.95 x 12 = $190,619.40 City Residential Fees Currently Collected (30 gal) $4.50 x 52 = $ 234.00 (60 gal) $5.45 x 600 = $ 3,270.00 (90 gal) $6.95 x 271 = $ 1,883.45 Sub total $ 5,387.45 x 12=$64,649.40= $65,000.00 Proposals Superior* * (WHITE GOODS INCLUDED) (30 gal) $10.20 x 52 = $ 530.40 (60 gal) $11.42 x 600 = $ 6,852.00 (90 gal) $13.05 x 271 = $ 3,536.55 Sub total $10,918.95 x 12 = $131,027.40 BFI* * (WHITE GOODS INCLUDED) (30 gal) $10.65 x 52 = $ 553.80 (60 gal) $11.95 x 600 = $ 7,170.00 (90 gal) $13.85 x 271 = $ 3,753.35 Sub total $11,477.15 x 12 = $137,725.80 Waste Management (30 gal) $ 9.43 x 52 = $ 490.36 (60 gal) $13.05 x 600 = $ 7,830.00 (90 gal) $14.73 x 271 = $ 3,991.83 Sub total $12,3 12.19 x 12 = $147,746.28 City Residential Fees $ 65,000.00 Subsidy necessary for Superior Contract $ 66,027.40 Subsidy necessary for BFI Contract $ 72,725.80 Subsidy necessary for Waste Management Contract $ 82,746.28 Amount Budgeted for Subsidy $ 95,000.00 W AL ati CVVerit V. ..itl Seniors $ 13.50 30 gallon $ 13.75 x 52 = $ 715.00 60 gallon $ 16.95 x 600 = $10,170.00 90 gallon $ 18.45 x 271 = $ 4.999,95 Sub total $15,884.95 x 12 = $190,619.40 City Residential F$0.Ctuexily Collected (30 gal) $4.50 x 52 = $ 234.00 (60 gal) $5.45 x 600 = $ 3,270.00 (90 gal) $6.95 x 271 = $ 1,883.45 Sub total $ 5,387.45 x 12=$64,649.40 $65,000.00 Pr . * * (WHITE GOODS INCLUDED) (30 gal) $10.20 x 52 = - : $ 530.40 (60 gal) $11.42 x 600 = $ 6,852.00 (90 gal) $13.05 x 271 = $ 3,536.55, Sub total $10,918.95 x 12 = $131,027.40 101-* * (WHITE GOODS INCLUDED) .(30 gal) $10.65 . x 52 = $ 553.80 (60 gal) $11.95 x 600 - $ 7,170.00 (90 gal) $13.85 x 271 = . $ 3,,753.x.5 Sub total $11,417.15 x 12 = $137,725.80 Waste Management (30 gal) $ 9.43 x 52 - (60 gal) $13.05 x 600 = $ 7, a (90 gal) $14.73 x 271 Sub total $12,3 12.19 x 12 = $147,746.28 City Residential Fees $ 65,000.00 Subsidy necessary for Superior Contract $ 66,027.40 Subsidy necessary for BFI Contract $ 72,725.80 Subsidy necessary for Waste Management C t $ 82,746.28 Amount Budgeted for Subsidy $ 95,000.00 • 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 1st 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 P rovisions 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 followin g year grant an additional raise rse 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 ti "chairs(all types),mattresses, and couches, sofas and loveseats,humidifiers, television sets and VCR receivers, and dressers" Dated this day of ,2000. CITY OF OAK PARK HEIGHTS David D. Schaaf Mayor Thomas M. Melena City Administrator Dated this day of ,2000. SUPERIOR SERVICES OF MINNESOTA, INC. Its Its 3 December 18, 1998 *******REMINDER******* Dear Sir/Madam: At the Council Meeting of September 22, 1998,the Oak Park Heights City Council approved specifications for refuse hauling in the City of Oak Park Heights that would provide service to residential properties only. These proposals were opened in mid- October and were awarded to Superior Services for our new refuse contract effective January 1, 1999. What the above means is that for all commercial, industrial or business accounts, you will now be free, as of January 1, 1999,to contract for your own solid waste and recycling disposal. The licensing requirements and annual fee for these haulers have been approved and available at City Hall. These requirements include restrictions on where solid waste may be disposed and ways in which the solid waste and recyclables may be picked up within the City of Oak Park Heights. However, please realize that these are normal licensing restrictions that are being used throughout the metropolitan area, and as a result, would not put you at any other competing disadvantage. If you find in your search for a solid waste hauler, that you do need assistance,the City will be glad to work with you on that. We have a master list of over 18 haulers that do provide services in this area and we'd be happy to provide you with that information. However,more than anything else,we have had comments from the business public that you would like to have the options to be able to contract for your own waste removal. With the action of the Council, you are now assured that will be the case. Waste Management will no longer pick up your refuse after December 31, 1998 as part of a City contract. As of January 1, 1999,you will have the responsibility and capability of contracting for that business service with the hauler of your choice. If you have any further questions or comments,please let me know. Sincerely, Thomas M. Melena City Administrator OAK PARK HEIGHTS et r' sF , er emo - '4:7:-.A.: To: City Staff From:Melanie Mesko, Administrative Assistant Date: 08/15/00 Re: Licensing of Garbage Haulers With the new garbage contract, there have been a few administrative changes. One is that, while we allow other haulers to collect in Oak Park Heights, they will need to be licensed. At the December 15 Council meeting, the Council adopted an annual fee of $150.00 for licensing. As of today, we have not received any licensing applications from any haulers. If they are not licensed, they cannot be collecting in the City and should be tagged under the revised Ordinance 502, which is included. This ordinance was amended November 10, 1998. This memo will also be going out to the haulers we have had contact with, so they have one last reminder as well. If you have any questions, please let me know. •Page 1 I r lir r - _____I �J ' � 7 Su p j,\..\ � - ( _ Superior Services 1375 7th Ave. March 16 2000 P.O. Box 281 Newport, MN 55055 (651) 459-3029 Mr.Thomas M.Melena FAX(651) 458-8455 City Administrator City of Oak Park Heights P 0 Box 2007 Oak Park Heights,MN 55082 Dear Mr.Melena, I am writing you today to request an opportunity to meet with you or your designee at your earliest convenience in regards to the solid waste and recycling collection contract between the City of Oak Park Heights and Superior Services. During our meeting I would like to discuss the following items with you or your designee. A. Request the annual adjustment in collection and recycling fees pursuant Section V. Item D of the contract. Which states on April 1s` of each year. either party may request adjustments to the collection and recycling fee of the Contract 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 ls`of the year requested. B. Reconcile the"large Item" account and discuss a cost per home to include large item collection as part of the base dwelling unit similar to the appliances. C. Discuss and come to an agreement on the definition of carpeting. It is our understanding that carpeting is a remodeling debris and will generate and extra charge to the resident, as opposed to a large item that is currently billed to the City's account. D. Discuss the extraordinary increase in fuel cost, approximately 55%year over year, and request an increase in the collection and recycling fee to compensate for this extraordinary increase. E. Introduce John Scheffler,Residential Operation Manager for Superior Services—St Paul. F. Discuss the Spring clean up. If the City is considering a Spring clean up, determine the date and service requirements. G. Any other issues that you would like to discuss. In closing, I look forward to meeting with you at your earliest convenience, I may be reached at my direct line at 651-768-5273 to schedule a time that works for you. Sincere! , .47,1C________ , 0Jeffrey T Glewwe General Manager PROVIDING "SUPERIOR" WASTE SERVICES LAW OFFICES OF Ecliberg, Lammers. Briggs. Wolff & Vierling, P.L.L.P. • 1855 Northwestern Avenue James F. Lammers Stillwater. Minnesota 55082 Paul .\. Wolff Ro6ert G. 13ri s . (651) -139-2878 (t914-1996) Marl: Vierltng* Gregory G. Gallet•. FAX (651) -1.59-2925 Lyle .1. E.ckberq Thomas .1. Weidner* or Counsel Susan D. COlsan. Direct Dial No. 351-2115 ualiced Nculltral :`rl,itrator& "tediator DdVtd k. Snyder *Qualified Neutral .�rl,trelor Tanya E. ,',dunce *Certified R...1 Estate Specialist March 16, 2000 .Qualified Neutral Mediator The Honorable David Schaaf Mr. Mark Swenson Mayor, City of Oak Park Heights 14846 � Upper 55th Street 6201 St. Croix Trail No., #121 pp Oak Park Heights, MN 55082 Oak Park Heights, MN 55082 Mr. Jerry Turnquist Ms. Lynae Byrne 14298 - 56th Street North 6120 Oxboro Avenue North, #123 Oak Park Heights, MN 55082 Oak Park Heights, MN 55082 Mr. David Beaudet 6400 Lookout Trail North • Oak Park Heights, MN 55082 Re: Status of Collection of Specific Items Under the Garbage and Refuse Contract Dear Mayor and Council: Upon review of the contract that the City has executed with Superior Haulers for waste collection within the City, you will note that the document provides for several definitions of specific items. Of interest is the definitional section affecting garbage, recyclables and refuse which identifies that which is to be picked up by the hauler. Those definitions are as follows: Garbage means animal and vegetable waste resulting from the handling, preparation, cooking, service and consumption of food. Refuse is solid waste from residences in City owned and operated buildings that is the result of normal operation, including garbage and rubbish specifically excluding compost, yard waste, recyclables and toxic and hazardous waste. Refuse further excludes industrial, commercial, agricultural and construction garbage or rubbish and wastes. • Of specific interest as well is the definition of rubbish which is material which is not covered by the contract and must be paid for separately by the residents of the City Council City of Oak Park Heights March 16, 2000 Page 2 community for its disposal. That definition provides as follows: 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. The contract also specifies and defines toxic and hazardous wastes which are excluded from the terms and provisions of the contract. As you are aware, the contract requires that homeowners keep all garbage and refuse in a container provided by the hauler. Surcharges are assessed for removal of items beyond that which fits into the container. Attachment A to the contract provides for the charges for the collection service. Attachment B specifies the additional refuse charges either for extra refuse beyond that which fits in the provided containers, as well as for air conditioners, stoves, water conditioners, furnaces, water heaters, washers, dryers, refrigerators, freezers, miscellaneous heavy appliances and Christmas trees. You will • note that Attachment B presently provides that the service charge for removal of those items commonly referred to as white goods is provided for within the standard monthly service charge. I attach copies of the pertinent portions of the contract and the two attachments for your review. Yours very truly, Mark J. Vierling MJV/jp Enclosure cc: Tom Melena • 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 Shereto. 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. • 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. e) Refuse in excess of the designated volume-base per dwelling unit will 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 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. i • 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 • II • ATTACHMENT B, page 1 of 1 ATTACHMENT B ADDITIONAL COLLECTION SERVICE CHARGES TO BE BILLED BY THE CONTRACTOR DIRECTLY TO THE HOMEOWNER EXTRA REFUSE /30 gallons /15 gallons AIR CONDITIONERS STOVES WATER CONDITIONERS FURNACES WATER HEATERS WASHERS/DRYERS REFRIGERATORS/FREEZERS SC. HEAVY APPLIANCES ISTMAS TREES N/C -Limit one per household per year P P Y NOTE: CONSTRUCTION ROLL-OFFS ARE NOT INCLUDED IN THIS PRICING,NOR ARE THEY CONTROLLED OR MANDATED BY THIS CONTRACT. • `i 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 s 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 I st 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 b e Contractor. The Contractor must provide a sworn statement of disposal lip 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 BLS FAX-ON-DEMAND - CHICAGO 312-987-9288 03-16-00 10 : 46a Page 01 U.S. Ut!'AK I MtN I Uh LAt3UK BUREAU OF LABOR STATISTICS 230 South Dearborn Street, 9th Floor Chicago, Illinois 60604 •Th 0 u for using BLS F Here are the documents you ordered . 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ALL MATERIAL ACCESSED THROUGH BLS FAX-ON-DEMAND ARE OFFICIAL GOVERNMENT DOCUMENTS Issued Status WHAT ' S NEW FROM BLS Fax - on - Demand ! Feb. 25 Updated BLS Ready Facts Catalog (doc. 1000) March 2 Updated Occupational Outlook Handbook order form (doc. 9391) *Feb. 25 Updated State and Regional Unemployment, 1999 Annual Averages (doc. 3065) Feb. 7 Updated 2000-01 Occupational Outlook Handbook News Release (doc. 3910, 3915) Feb. 4 Updated Fatal Work Injuries in the Great Lakes States in 1998 (doc. 9650) Jan. 24 Updated National Compensation Survey, Detroit,Ml,-,july 1998 (doc. 9810 - 9814) Jan. 24 Updated National Compensation Survey, Columbus, OH, August1998 (doc. 9905 - 9909) Jan. 24 Updated National Compensation Survey, Dayton-Springfield, OH,June 1998 (doc. 9910 - 9914) Jan. 21 Updated Union Members in 1999 (doc. 3280) Jan. 11 Updated International Comparisons of Hourly Compensation Costs, 1998 (doc. 3260, 3265, 3270) Jan. 11 Updated OSH current publication list (doc. 9440) Jan. 11 Updated CFOI current publication list (doc. 9419) _ Jan. 10 Updated Occ. Inj_ and Ill Incident rates by detailed Industry,1998 (docs.9421, 9424, 9425, 9426, 9428) Jan. 5 Updated Average Annual Pay for Large Counties, 1998 (doc. 3410, 3415, 3420) _ Dec. 30 Updated Average Annual Pay in Metropolitan Areas, 1998 (doc. 3210,3215,_3220_3225) _ Issued Next News Releases Issued Monthly or Quarterly March 3 April 4 The Employment Situation (doc. 3010, 3015, 3020, 3025) _ March 7 4 May 4 Productivity and Costs (doc. 4510, 4515, 4520) — — March 16 April 13 Producer Price Index (doc. 2510, 2515, 2520, 2525) Feb. 18 March 17 Consumer Price Index (--various documents -_------------------_____ _____._-__—________.----- -----------.----- Dec. 8 na Extended Mass Layoffs (quarterly) (doc. 3070, 3075, 3080) Feb. 23 na Monthly Mass Layoffs (doe. 3085) March 15 April 12 Import-Export Price Indexes (doc. 2810, 2815, 2820, 2825) Jan. 28 April 27 Employment Cost Index, September 1999 (doc. 4110, 4115, 4120, 4125) Feb. 2 April 27 Employment Cost Index for the Midwest (doc. 9410) March 14 April 4 Metropolitan Area Employment and Unemployment (doc. 3030, 3035, 3040) March 2 March 28 Regional and State Employment and Unemployment (doc. 3050, 3055, 3060) Visit us on the Internet at http : / / stats . b1s . gov BLS Fax-on-Demand - Chicago (312) 353-1880 03/16/00 Cover Sheet • BLS FAX-ON-DEMAND - CHICAGO 312-987-9288 03-16-00 10 : 47a Page 02 ews United States )• __- Department of Labor Bureau of Labor Statistics Chicago, III. 60604 General Information: (312) 353-1880 TRANSMISSION OF MATERIAL IN Media Contact: Ronald M. Guzicki THIS RELEASE IS EMBARGOED UNTIL (312) 353-1138 7:30 A.M. CST Fax-on-Demand Document No. 9208 Friday,y, y 18, 2000 Internet Address: http://stats.bls.gov/ro5news.htm Consumer Price Index for Minneapolis-St. Paul, MN-WI Second Half 1999 Semiannual Average and 1999 Annual Average Consumer prices in the Twin Cities increased 2.3 percent in the 2nd half of 1999, the U.S. Department of Labor's Bureau of Labor Statistics reported today. This was above 2nd half gains averaging 1.3 percent over the previous five years. The Consumer Price Index for All Urban Consumers (CPI-U) for the 2nd half 1999 was 165.1 (1982-84=100). Consumer prices in Minneapolis-St. Paul rose 3.2 percent in 1999. This was above gains of 2.3 percent in 1997 and 1.9 percent in 1998. Peter J. Hebein, Regional Commissioner for the Bureau in Chicago, said a • 12.9 percent increase in energy costs was responsible for about one-third of the 2nd half increase. Had energy costs remained unchanged, the overall index would have gained only 1.5 percent. Rising costs for shelter and transportation were additional factors in the 2nd half gain. The education and communication component and the other goods and services component both registered large gains but with little impact on the overall index. Relatively small increases were noted in the food and beverages and medical care components. The apparel and recreation components both posted declines from the 1st half 1999. The housing component advanced 2.2 percent in the 2nd half. About half of this rise was attributed to a 1.3 percent increase in shelter costs. Most of the remaining increase was due to an 8.4 percent hike in the fuel and utilities index. Utility natural gas service charges were up 12.7 percent and electricity charges were up 5.6 percent from the 1' half. In 1999, housing costs rose 2.9 percent (1998 annual average to 1999 annual average). This was in-line with annual gains over the previous three years. Shelter costs were up 3.4 percent, matching the rise in 1998. The fuel and utilities index rose 3.6 percent in 1999 following a slight decline a year earlier. BLS Fax-on-Demand - Chicago (312) 353-1880 Document no. 9208 • tiLS FAX-ON-DEMAND CHICAGO 312-987-9288 03-16-00 10 : 48a Page 03 Transportation costs jumped 5.0 percent in the 2" half after posting a 2.0 percent hike in the lat half. Just over half of the latest rise was attributed to a 17.5 percent hike in gasoline prices. This was the first increase in gasoline prices • in the past six half-year periods. The transportation component increased 4.7 percent in 1999 following a 1.5 percent setback a year earlier. Gasoline prices rose 6.1 percent in 1999 after falling 11.3 percent in 1998. The food and beverages component was up 1.5 percent in the 2" half, well below 2nd half gains averaging 2.3 percent over the prior three years. The cost of food at home (grocery food) edged-up 0.9 percent compared to the cost of food away from home, which increased 1.9 percent. Both increases were below gains in the 2nd half one year earlier. The food and beverages component increased 3.3 percent in 1999, up from a 1.9 percent rise in 1998 but similar to annual increases averaging 3.1 percent between 1995-97. The education and communication component advanced 3.4 percent from the 1" half 1999 after slipping 0.3 percent in the 2nd half 1998. For the year, the education and communication component was 0.2 percent lower. The other goods and services component jumped 2.2 percent in the 2nd half, down from a 3.2 percent hike in the 2nd half 1998. Compared to 1998, the component was 10.0 percent higher. Medical care costs rose 0.5 percent in the 2nd half, well below the 3.2 percent hike in the 1" half 1999 and the 1.8 percent average 2nd half gain over the previous five years. For the year 1999, medical care costs rose 5.0 percent. This was similar to the gain in 1998 but above increases averaging 2.1 percent annually from 1995-97. • The apparel component fell 1.3 percent in the 2nd half following a 3.2 percent drop in the 1" half. Apparel costs fell 3.4 percent in 1999, marking the 4th annual decline over the past five years. This places the apparel index is at its lowest level since 1991. Recreation costs slipped 0.2 percent in the 2nd half following a 1.6 percent rise in the 1" half 1999. For the year, recreation costs were 2.1 percent higher. ## # CPI HOTLINE SERVICE PROVIDES LATEST INDEXES 24 HOURS A DAY The all items CPI-U and CPI-W for the U. S. City Average and for the Minneapolis-St. Paul area are available to the public 24 hours a day, 7 days a week through the Bureau's CPI Hotline service. This recorded message also provides percent changes from the prior period and from a year earlier as well as the schedule release date for the next CPI issuance. The Hotline number in Minneapolis-St. Paul is (651) 290-3996. • BLS Fax-on-Demand - Chicago (312) 353-1880 Document no. 9208 BLS FAX-ON-DEMAND - CHICAGO 312-987-9288 03-16-00 10 : 49a Page' 04 BLS FAX-ON-DEMAND SERVICE OFFERS CPI DATA 24 HOURS A DAY If you have a fax machine and a touch-tone telephone, you can order current and historical CPI data and receive it within minutes by fax. The BLS Fax- on-Demand service offers over 280 documents containing the most popular BLS data including more than 65 documents containing CPI data for the nation, four • regions, and 30 metropolitan areas. To receive by fax a catalog of documents available on the service, call 312 353-1880, select menu option 1, and when prompted, order document 1000. BRIEF EXPLANATION OF THE CPI The Consumer Price Index (CPI) is a measure of the average change in prices over time in a fixed ed market basket of goods and services. The Bureau of Labor Statistics publishes CPI's for two population groups: (1) a CPI for All Urban Consumers (CPI-U) which covers approximately 80 percent of the total population and (2) a CPI for Urban Wage Earners and Clerical Workers (CPI-W) which covers 32 percent of the total population. The CPI-U includes, in addition to wage earners and clerical workers, groups such as professional, managerial, and technical workers, the self-employed, short-term workers, the unemployed, and retirees and others not in the labor force. The CPI is based on prices of food, clothing, shelter, and fuels, transportation fares, charges for doctors' and dentists' services, drugs, and the other goods and services that people buy for day-to-day living. Prices are collected in 85 urban areas across the country from about 57,000 housing units and Approximately 19,000 retail establishments--department stores, supermarkets, hospitals, filling stations, and other types of stores and service establishments. All taxes directly associated with the purchase and use of items are included in the index. Prices of food, fuels and a few other items are obtained every month in all 85 locations. Prices of most other commodities and • services are collected every month in the five largest geographic areas and every other month in other areas. Prices of most goods and services are obtained by personal visits of the Bureau's trained representatives. Mail questionnaires are used to obtain utility rates, some fuel prices, and certain other items. In calculating the index, price changes for the various items in each location are averaged together with weights which represent their importance in the spending of the appropriate population group. Local data are then combined to obtain a U.S. city average. Separate indexes are also published by size of city, by region of the country, for cross-classifications of regions and population-size classes, and for 27 local areas. Area indexes do not measure differences in the level of prices among cities, they only measure the average change in prices for each area since the base period. The index measures price change from a designated reference date- 1982- 84-which equals 100.0. An increase of 16.5 percent, for example, is shown as 116.5. This change can also be expressed in dollars as follows: The price of a base period "market basket" of goods and services in the CPI has risen from $10 in 1982-84 to $11.65. For further details see BLS Handbook of Methods, Bulletin 2490, Chapter 17, April 1997 The Consumer Price Index. BLS Fax-on-Demand - Chicago (312) 353-1880 Document no. 9208 • BLS HHX-ON-DEMAND CHICAGO 312-987-9288 03-16-00 10 : 50a Page 05 Consumer Price Index for All Urban Consumers(CPI-U):Indexes for semiannual averages and percent changes for selected periods Minneapolis-St. Paul, MN-WI (1982-84=100 unless otherwise noted) • Semiannual average Percent change to ndexes 2nd half 1999 from- Item and Group 1st half 2nd half 2nd half 1st half 1999 1999 1998 1999 Expenditure category Allitems .......................................................................... 161.4 165.1 3.6 2.3 All items(1967.100) 507.4 518.9 - Food and beverages 170.8 173.4 2.9 1.5 Food 167.7 169.7 2.6 1.2 Foodat home 162.9 164.3 3.0 .9 Food away from home 174.4 177.7 2.3 1.9 Alcoholic beverages 197.4 208.1 5.4 5.4 Housing 147.6 150.8 3.4 2.2 Shelter 164.5 166.7 3.5 1.3 Rent of primary residence 161.7 166.3 4.4 2.8 Owners'equivalent rent of primary residence I 170.3 171.9 2.7 .9 Fuels and utilities 118.5 128.4 6.2 8,4 Fuels106.0 115.8 6.2 9.2 Gas(piped)and electricity 109.5 119.0 5.7 8.7 Electricity .. 136.8 144.5 .6 5.6 Utility natural gas service 91.6 103.2 12.2 12.7 Household furnishings and operations 126.2 128.3 .5 1.7 Apparel140.2 138.4 -4.5 -1.3 Transportation 144.9 152.2 7,1 5.0 Private transportation 136.4 142.1 4.6 4.2 Motorfuel 89.0 104.4 16.4 17.3 Gasoline(all types) 89.3 104.9 16.4 17.5 Gasoline,unleaded regular 2 89.8 104.8 16.2 16.7 Gasoline,unleaded midgrade 2 3 95.6 110.8 15.4 15.9 Gasoline,unleaded premium 2 95.5 114.0 17.3 19.4 Medical care 240.6 241.7 3.6 .5 • Recreation 4 103.4 103.2 1.4 -.2 Education and communication 4 97.6 100.9 1.6 3.4 Other goods and services 254.9 260.5 9.5 2.2 Commodity and service group All items 161.4 165.1 3.6 2.3 Commodities 148.0 150.9 2.4 2.0 Commodities less food and beverages 135.4 138.2 2.1 2.1 Nondurables less food and beverages 143.4 148.6 4.1 3.6 Durables 126.9 127.3 -.2 .3 Services 174.4 178.7 4.4 2.5 Special aggregate indexes All items less medical care 157.3 161.0 3.5 2.4 All items less shelter 161.3 165.5 3.7 2.6 Commodities less food 138.3 141.4 2.2 2.2 Nondurables 157.3 161.2 3.5 2.5 Nondurables less food 147.4 153.0 4.2 3.8 Services less rent of shelter' 191.7 198.6 5.5 3.6 Services less medical care services .. 167.6 172.0 4.4 2.6 Energy 98.2 110.9 10.9 12.9 All items less energy 169.8 172.4 3.0 1.5 All items less food and energy 170.4 173.2 3.2 1.6 1 Index is on a December 1982=100 base. 2 Special index based on a substantially smaller sample. 3 Indexes on a December 1993.100 base. 4 Indexes on a December 1997.100 base. 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Q c)• rn M l0 O • 0 1"D 4. .0' u-) 1n l0 CN 1 co ti I P: C, � l0 [� co T O r-I N M d' � l9 (� CO T O r1 N (N CO G' ,f) C' 0, CO O" Q N N N N N N m CO CO N 01 CO OJ m 0) CO 01 T 01 01 O1 rn rn 0) -CO) -T O >4 T Ol T Ol Ol T T T T T T T T T T T T T T T T c71 C*, Jl II) Jl ^J' —4 —4 r--1 r-, -4 .---I r-1 -4 •--4 r-4 ri -4 ,-1 r•/ e-4 ri r-1 rH rti ry rl r1 •--1 r-i .■ ,-, 304920 1 EXTRA CHARGES/CITY OF OAK PARK HGTS Feb-29-00 1375 7TH AVE 031117 NEWPORT,MN 55055 0005 31 Jan Balance forward $555.00 (0005) EXTRA CHARGES/CITY OF OAK PARK HGTS 14168 N 57TH ST 27 Jan W1 Taxable Xtra 67 1.00 $30.00 MATTRESS&SPRING AT 5335 OJIBWAY N 10 Feb W1 Taxable Xtra 2897 1.00 $45.00 5335 OBRIE 2 SOFAS 10 Feb W1 Taxable Xtra 2898 1.00 $10.00 14519 55TH DRESSER Feb W1 Taxable Xtra 5865 1.00 $30.05 DHMD,CBN @14774 56T 17 Feb W1 Taxable Xtra 267 1.00 $30.00 MATT/SPR @15074 63R 17 Feb W1 Taxable Xtra 268 1.00 $10.00 CNSL TV @5630 NEW $155.00 $215.00 $0.00 $185.00 $310.00 $710.00 304920 1 Feb-29-00 031117 • 0005 _........__ s , , LUBRICATION TECHNOLOGIES, INC . PLEASE DETACH AT REMIT TO : P .O . BOX 1654 PERFORATION AND Ill RETURN WITH MINNEAPOLIS , MINNESOTA 55480-1654 m w YOUR REMITTANCE x PHONE# 636-7990 FAX# 636-2519 x a THANK YOU. w 411 4** INVOICE SUPERIOR SERVICES—GOPHER DISP SUPERIOR SERVICES—Gr_ P 0 BOX 6 DIV : S TYR' : 1 *1 * NEWPORT MN 55055 ACCT# 12140G 5/24/99 12140G k0 5/24/99 A FINANCE CHARGE OF 11/2%PER MONTH WILL BE CHARGED ON ALL PAST DUE AMOUNTS. =IITE REF # DESCRIPTION AMOUNT REF # AMOUNT , 5/21/99 40341 UNDYED #2 DSL 350 .2 GAL@0 .6410 224 .48 40341 224 .48 1375 7TH AVE/NEWPORT MN 5/21/99 40341 ST EXCISE TAX 70 .04 41)341 70 .04 5/21 /99 40341 FED EXCISE TAX 85 .45 40341 85 .45 < INVOICE TOTAL > 379 .97 ( INV> 379.97 THIS DIESEL FUEL DOES NOT CONTAIN VISIBLE EVIDENCE OF DYE , TERMS : NET 15 DAYS 411 --. _,-- w „OOOOOOOO...„... ..„.0. omulmicullt, . fici L U B E•Pre-11 I IIIINDIVIIII" z ....ct Remit To. L U B E • T r., H LI P.O.Box 1654•Minneapolis,MN 55480-165 I P.O.Box 1654•Minneapolis,MN 55480-1654•Phone(651)636-7990 H Phone(651)636-7990 15 ,ci)o/ t-ii/ 0-71 a2-fg, -- 16 17 0-5 ->e/ (51L____-- 19 -7 OD --- q 1 , c- 35' 20 401 22 23 24 - -—— - — — - . EMERGENCY CONTACT PHONE NUMBERS: (651)636-7990•1-800-636-7990 I LUBRICATION TECHNLOOIES , PLEASE DETACH AT REMIT TO : P .O . BOX 1654 PERFORATION AND MINNEAPOLIS , MINNESOTA 55480-1654 RETURN WITH PHONE4 G36 FAX4 -251? YOUR REMITTANCE THANK YOU. V C )f FL-j ur1.77.; oR SERVICES s . F Ea7.3 z . CCT# 11 E .'0 A FINANCE CHARGE OF 11/2%PER MONTH WILL BE CHARGED ON ALL PAST DUE AMOUNTS. . . . . ApiinetqT P T _ t 1.0PS „63 7TH AVE/NENPORT ST EXCISE TAX , , 37/00 1 FED EXEISE T(')X 2:1 ,4 3G21- 271 -40 < INV> THIS DIESEL FUEL DOES NOT CONTAIN EVIDLNCE OF DYE . TERMS : NET 1:77, DAYS: s-9 v_t • „ L.° LUBE-TECH -4111111k Remit To: suill. LUBE - TEcH IX Li P.O.Box 1654•Minneapolis,MN 55480-165, P.O.Box 1654•Minneapolis,MN 55480-1654•Phone(651)636-7990 I I- Phone(651)636-7990 1 4 3 15 ! 16 Q-r p L CES SUPEFI1OR SERV1 month Chretd e Reed lAmoindat arrilopropY 'poclaa brAr.Flaft 10/ 0 raokaw4 G -1V1.11111 13° MAMA .1141 istir • rit50116 Totat DesctiPtion ee 31 ApProv?,..1, Name •ate 6C5 VotCher#___ • 291959 EXTRA CHARGES/CITY OF OAK PARK HGTS 1 1375 7TH AVE Jan-31-00 031117 NEWPORT,MN 55055 0005 31 Dec Balance forward $495.00 (0005) EXTRA CHARGES/CITY OF OAK PARK HGTS 14168 N 57TH ST 06 Jan W1 Taxable Xtra 354 1.00 $10.00 CHAIR @ 5598 PENROSE AVE 20 Jan W1 Taxable Xtra 65 1.00 $20.00 COUCH @14461 55TH ST N 20 Jan W1 Taxable Xtra 66 1.00 $30.00 2 BXSPRNGS @6365 PECAN AV $60.00 $60.00 $185.00 $180.00 $130.00 $555.00 291959 1 Jan-31-00 • 031117 0005 . Superior Services - St. Paul INVOICE S uper ar 1375 7th Avenue CUSTOMER NUMBER .� PO Box 281 Newport MN 55055 031117 • Providing "Superior" Waste Services (651)459-3029 INVOICE DATE 12-31-99 INVOICE NUMBER 259135 INVOICE TOTAL (NEW CHARGES) $185.00 EXTRA CHARGES/ CITY OF OAK PAR - DUE DATE 1375 7TH AVE UPON RECEIPT NEWPORT MN 55055-1154 I,I1I„I,I,111,1,111,,lulumIIl'AIIIIIiIM,IIIIM,l1,1ii Page 1 ■ANT MESSAGE: Please remember to include the remittance advice with your payment to ensure proper posting of your account. This billing statement reflects an increase in your monthly,service charge. i the reverse side of this statement for important information regarding your account,holiday collection times and billing information.. lease remember the Superior guarantee is to provide you with quality service at the most competitive rates available in your area. Date Site# Month/Qty. Description Ref# Amount 11-30 Balance forward $310.00 (0005) EXTRA CHARGES/ CITY OF OAK PAR 14168 N 57TH ST 12-02 W1 1.00 Taxable Xtra 318 E$50.00 • 12-02 W1 5725 OSGOOD-HIDE A BED, 12-02 W1 1.00 Taxable Xtra 319 E$20.00 12-02 W1 2 CHAIRS, TABLE, DRESSER 12-02 W1 1.00 Taxable Xtra 320 E$20.00 12-02 W1 14255 56TH - COUCH 12-09 W1 1.00 Taxable Xtra 2704 E$25.00 12-09 W1 HIDE-A-BED @14196 UPR 54 12-16 W1 1.00 Taxable Xtra 2728 E$15.00 12-16 W1 14245 53ST N/MATTRESS 12-16 W1 1.00 Taxable Xtra 2729 E$15.00 12-16 W1 14196 UPPER 54/LOVESEAT CURRENT 30 DAYS 60 DAYS 90 DAYS BALANCE DUE 2 PLEASE hETUP'N Ti-ils istififItitsi WITH YOUR PAYMENT:THANK YOU PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION -THANK YOU! DUE DATE DUE UPON RECEIPT CUSTOMER NO I INVOICE NO Please pay EXTRA CHARGES/ CITY OF OAK PAR 031117 259135 this amount. 1375 7TH AVE INVOICE TOTAL BALANCE DUE Thank you! NEWPORT MN 55055-1154 $185.00 ..,____I Remit To: CHECK NUMBER SUPERIOR SERVICES - ST PAUL 410 PO BOX 67-3053 AMOUNT ENCLOSED MILWAUKEE WI 53267-3053 11111111111111111lI, 1:1liiili111mt11111111111'II,IiilliItIi 673053000311170005123199259135000185008 !9 Superior Services - St. Paul INVOICE Superior 1375 7th Avenue CUSTOMER NUMBER PO Box 281 031117 Newport MN 55055 Providing "Superior" Waste Services (651)459-3029 INVOICE DATE 11-30-99 INVOICE NUMBER 238207 INVOICE TOTAL(NEW CHARGES) $180.00 EXTRA CHARGES/ CITY OF OAK PAR DUE DATE 1375 7TH AVE 12/30/99 NEWPORT MN 55055-1154 . I,I,I„I,I,II,11WiulIIlim111iIII,I1Ii,I,,IIl,,I,i,IlI,,,II Page 1 IMPORTANT MESSAGE: Please remember to include the remittance advice with vour payment to ensure proper posting of your account. Refer to the reverse side of this statement for important information regarding your account,holiday collection times,and billing information. Please remember the Superior Service guarantee is to provide you with quality service at the lowest rates available in your area Happy Holidays'from the"Superior"family to yours! Date Site# Month/Qty. Description Ref# Amount 10-31 Balance forward $130.00 (0005) EXTRA CHARGES/ CITY OF OAK PAR 14168 N 57TH ST 10-07 W1 1.00 Taxable Xtra 212 E$20.00 IW H 0-07 W1 COUCH @ 6469 PARIS AVE N C 1-04 W1 1.00 Taxable Xtra 278 E$20.00 11-04 W1 COUCH @5449 OAKGREEN 11-11 W1 1.00 Taxable Xtra 472 E$15.00 11-11 W1 BED SPRING @5905 O'DELL 11-11 W1 1.00 Taxable Xtra 473 E$20.00 11-11 W1 COUCH @5730 OLDFIELD 11-11 W1 1.00 Taxable Xtra 474 E$15.00 11-11 W1 LOVE SEAT @14691 UPR 56TH 11-11 W1 1.00 Taxable Xtra 476 E$20.00 11-11 W1 COUCH @14094 UPR 54TH CURRENT 30 DAYS 60 DAYS 90 DAYS BALANCE DUE 2 PLEASE RETURN THIS PORTION WITH YOUN PAYMENT.THANK YOU PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION -THANK YOU! DUE DATE 12/30/99 CUSTOMER NO ' INVOICE NO Please pay EXTRA CHARGES/ CITY OF OAK PAR 031117 238207 this amount. 1375 7TH AVE INVOICE TOTAL BALANCE DUE Thank you! NEWPORT MN 55055-1154 $180.00 .--J Remit To: • CHECK NUMBER SUPERIOR SERVICES - ST PAUL PO BOX 67-3053 AMOUNT ENCLOSED MILWAUKEE WI 53267-3053 Iiiii„illiiilt itil„IiiiI„llillliii11I1.1II1111Iulit11111I 673053000311170005113099238207000180002 17 P Superior Services - St. Paul INVOICE Superior 1375 7th Avenue PO Box 281 CUSTOMER NUMBER Newport MN 55055 031117 0 Providing "Superior" Waste Services (651)459-3029 INVOICE DATE 11-30-99 INVOICE NUMBER 238207 INVOICE TOTAL(NEW CHARGES) $180.00 EXTRA CHARGES/ CITY OF OAK PAR DUE DATE 1375 7TH AVE 12/30/99 NEWPORT MN 55055-1154 I,I,I1,I,I.II1,,WInIdnifillinildiltdulludild,l11,ll Page 2 IMPORTANT MESSAGE: Please remember to include the remittance advice with your payment to ensure proper posting of your account. Refer to the reverse:side of this statement for important information regarding your account,holiday collection times,and billing informatic n. Please remember.the Superior Service guarantee is to provide you with quality service at the lowest rates available in your area. Happy Holidays from the"Superior"family to yours! Date Site# Month/Qty. Description Ref# Amount 11-11 W1 1.00 Taxable Xtra 478 E$20.00 11-11 W1 COUCH @6148 OSGOOD 11-18 LA 1.00 1A-Taxable Billing 24761 $15.00 MICROWAVE - 5541 OLDFIELD AVE 11-25 W1 1.00 Taxable Xtra 298 E$20.00 • 11-25 W1 COUCH/14636 55TH ST 11-25 Wi 1.00 Taxable Xtra 299 E$15.00 11-25 W1 14419 55TH DT /RECLINER CURRENT 30 DAYS 60 DAYS 90 DAYS BALANCE DUE 2 $180.00 $130.00 $0.00 $0.00 $310.00 PLEASE RETURN tHiS pORTlbN WitH YOUR PAYMENT.TI-1ANk YOU PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION -THANK YOU! DUE DATE 12/30/99 CUSTOMER NO INVOICE NO Please pay EXTRA CHARGES/ CITY OF OAK PAR 031117 238207 this amount. 1375 7TH AVE Thank you! NEWPORT MN 55055-1154 INVOICE TOTAL BALANCE DUE $180.00 $310.00 Remit To: CHECK NUMBER SUPERIOR SERVICES - ST PAUL PO BOX 67-3053 AMOUNT ENCLOSED MILWAUKEE WI 53267-3053 111111111 IlIlIIIllIlIlllIIllllilinuilluililIilluIllIlIll,i 673053000311170005113099238207000180002 18 Superior Services - St. Paul INVOICE Superior 1375 7th Avenue CUSTOMER NUMBER PO Box 281 Newport MN 55055 031117 Wroviding "Superior" Waste Services (651)459-3029 INVOICE DATE 10-31-99 INVOICE NUMBER 225528 INVOICE TOTAL (NEW CHARGES) $130.00 EXTRA CHARGES/ CITY OF OAK PAR DUE DATE 1375 7TH AVE Upon Receipt NEWPORT MN 55055-1154 I,III,)III,IIIIIIIIII,i,I,,,,11,,1lIl1I„I„11,,,I,I,I,I,,,II Page 1 IMPORTANT MESSAGE: Please remember to include the remittance advice with your payment to ensure proper posting of your account. We appreciate your patronage! Date Site# Month/Qty. Description Ref# Amount -20- Balance forward (0005) EXTRA CHARGES/ CITY OF OAK PAR 14168 N 57TH ST 09-30 1A 1.00 1A-Taxable Billing 21527 $10.00 RECLINER PU ® 14168 N57TH 41110-07 W1 1.00 Taxable Xtra 210 E$20.00 10-07 W1 COUCH @ 14681 55TH ST N 210 E 10-07 W1 1.00 Taxable Xtra 211 E$20.00 10-07 W1 2 CHAIRS Q 14644 57TH ST 211 E 10-28 W1 1.00 Taxable Xtra 459 E$30.00 10-28 W1 MATTRESS, BX SPRING 459 E 10-31 Wi 1.00 Taxable Xtra 192 E$50.00 10-31 W1 COUCH/CHAIR/LOVESEAT/TV 192 E CURRENT 30 DAYS 60 DAYS 90 DAYS BALANCE DUE $130.00 $0.00 $0.00 $0.00 $130.00 PLEASE RETURN TF11s Pc1sTioNWiTN YoUR PAYMENT.THANk YoU PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION -THANK YOU! DUE DATE Upon Receipt CUSTOMER No INVOICE NO Please pay EXTRA CHARGES/ CITY OF OAK PAR 031117 225528 this amount. 1375 7TH AVE INVOICE TOTAL BALANCE DUE Thank you! NEWPORT MN 55055-1154 $130.00 $130.00 ..._____J Remit To: • CHECK NUMBER _ SUPERIOR SERVICES - ST PAUL PO BOX 67-3053 AMOUNT ENCLOSED MILWAUKEE WI 53267-3053 i,I,1,,,11,,,I,I,i l„i,,,I„i 1,i i„„l,l,„{l„I,I,,,I,i 1,l„I 673053000311170005103199225528000130002 R'1 MEMORANDUM OF AGREEMENT March 28,2000 S 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: 5 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 S`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 • March 22,2000 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 equivilent 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 therfore 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: 411 2 "chairs(all types), mattresses, and couches, sofas and loveseats,humidifiers, • television sets and VCR receivers, and dressers" Dated this day of ,2000. CITY OF OAK PARK HEIGHTS David D. Schaaf Mayor Thomas M. Melena City Administrator S • 3 Dated this day of ,2000. ! • SUPERIOR SERVICES OF MINNESOTA, INC. Its Its • 4 REVISED GARBAGE RATES CITY OF OAK PARK HEIGHTS Last summer, the City Council approved a two-step rate increase for solid waste and recycling. The first step took effect on October 1, 1999 and the second step took effect on July 1, 2000. In addition, the City accepted a Memorandum of Agreement with Superior Services. Part of the agreement included a 5.3% adjustment to the contract to reflect the changes in the private transportation Consumer Price Index (CPI) and increased fuel costs. EFFECTIVE JULY 1, 2000 the new garbage rates will be as follows: Small (35 gallon) $6.05 per month Medium (65 gallons) $7.10 per month Large (95 gallons) $8.70 per month Solid Waste Suggestions: 1. Decrease Administration Fee$7,000 2. Increase General Fund Subsidy$7,000 3. Larger Increase in Customer Rate (would be approximately 35%) 6/21/00 Page 3 Solid Waste Increase 7-1-00.xls CITY OF OAK PARK HEIGHTS 14168 North 57th Street• P.O.Box 2007 • Oak Park Heights,MN 55082-2007 •Phone:651/439-4439 • Fax:651/439-05 April 17,2000 Jeff Glewwe Superior Services 1375 7th-Ave. Newport,MN 55055 Mr.Glewwe: Enclosed is you/signed copy of the Memorandum of Agreement to the City of Oak Park Heights Contract for Refuse and Recyclable Collection January ry 1 1999 throu gh December 31,2003 for your files. - Please feel free to call me if you have any questions Sincerely, Kimberly Kamper Administrative,Assistant Tree City U.S.A. CITY OF OAK PARK HEIGHTS . `-� 14168 North 57th Street • P.O. Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:651/439-4439 • Fax:651/439-0574 April 4,2000 Jeff Glewwe Superior Services 1375 7t Ave. Newport,MN 55055 Dear Mr. Glewwe: Enclosed you will find two copies of the Memorandum of Agreement to the City of Oak Park Heights Contract for Refuse and Recyclable Collection January 1, 1999 through December 31 2003. The agreement outlines the items that we had discussed concerning the CPI:adjustment and clarification of items: The Oak Park Heights City Council passed the agreement at its March 28,2000 meeting. Please sign the two enclosed copies as indicated and return both copies to the City. After all the copies have been signed, an original copy will be sent back to you for your files. Sincerely, Kimberly.Kamper Administrative Assistant Tree City U.S.A. tM 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 1St 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 J "chairs (all types), mattresses, and couches, sofas and loveseats, humidifiers, television sets and VCR receivers, and dressers" Dated this day of ,2000. CITY OF OAK PARK HEIGHTS David D. Schaaf Mayor Thomas M. Melena City Administrator Dated this day of ,2000. SUPERIOR SERVICES OF MINNESOTA, INC. Its Its 3 AND LAND MANAGEMENT Office Manage — • " IP 9 HOI21 TAUG Lig aro .,•ot•E'S� � GOVERNMENT CENTER 14900 6t^ REET NORTH, P.O. BOX 3803 • STILLWATER,MN"1- Office(612)430-6655•TDD(612)439-3220• Facsimile Machine(612)430-6730 WASHINGTON COUNTY SOLID WASTE ADVISORY COMMI FI EE MEETING NOTICE WEDNESDAY, AUGUST 12 1998 at 5:30 p.m. Washington County Government Center 14900 61st Street North Stillwater, MN 55082 AGENDA 1. Roll Call 2. Approval of Minutes and Agenda 3. Review of Master Plan Timeline and Meeting Schedule* 4. Regional Policy Plan Current Status/Timeline Source Reduction* 5. Washington County Waste Management Plan Outline* Source Reduction (will be distributed at the meeting) 6. Other Business 7. Adjourn *Materials enclosed If you are unable to attend the meeting, contact Deb Cook at 430-6678 `O'�pt ON cO1 3 ,Z ; Tinted on Recycled Paper :`c•-Or, AN Post Consumer Waste AN EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER •a«•••"• 1998 WASHINGTON COUNTY SOLID WASTE ADVISORY COMMI! I EE MEETING SCHEDULE (Revised 8/7/98) • 8/12/98 5:30 Meeting - Washington County Government Center Source Reduction 9/9/98 5:30 Meeting - Washington County Government Center MSW Landfilling Non-MSW 9/30/98 5:30 Meeting - Washington County Government Center Toxicity Reduction Recycling 10/14/98 5:30 Meeting - Washington County Government Center Processing Solid Waste Regulation Public Information Fiscal Management Collection& Transportation 10/28/98 5:30 Meeting - Washington County Government Center Final Review of Master Plan xsegiunat outcomes, Implementation Strategies and County Negotiated Outcomes • 5 August 5, 1998 Source Reduction Part One. Introduction Since 1985, source reduction has been the preferred waste management practice in the State of Minnesota, as set forth in the Waste Management Act, Minn. Statute §115A.02. The Metropolitan Solid Waste Management Policy Plan now establishes source reduction as the highest priority in the planning for and development of the regional solid waste management system. (Policy 5.1.2.1) The Policy Plan calls for aggressive programs that • challenge government units to act as leaders and, at the same time, promote a shifting of responsibility from government to manufacturers for the proper management of waste as well as calls for the change in manufacturing practices to eliminate the need for special management when products become waste. (Policies 5.1.2.3, 5.1.2.4 and 5.1.2.5) The need for creating the reduction priority is clear. Waste generation continues to grow at increasing rates. In 1997, the region managed 3 g 3,046,000 tons of MSW. By 20 17, the region will generate 5,271,000 tons of MSW if waste generation is unchecked. This represents an increase of nearly 75%. By 2003, an increase of roughly 25% is projected, for a total of 3,732,000 tons. The costs of managing an additional 2 million tons of waste in 2017 will be significant. If the waste is reduced at the source, these management costs will be avoided. In addition, the avoided materials expenditure per ton of MSW source reduced in 1995 ranged from $500 per ton to $2,000 per ton, depending on the material. (This calculation uses data generated in the Resource Conservation Benefits Study, prepared in 1996 by the Tellus Institute for the Minnesota Office of Environmental Assistance.) The outcomes in this section of the Master Plan establish a strong regional approach to waste reduction. An overall outcome that levels off the owth in waste rite ..neration rates by 2005 to 1999 rates and then establishes a 1%per year decrease in generation rates. The intermediate outcomes contribute to this overall outcome by targeting specific materials. The negotiated county outcomes create specific areas of concentration for each county, with the expectation that information and implementation strategies will be shared region- wide. DRAFT Source Reduction - August 5, 1998 Page 1 Part Two. Principal Sou. Reduction Outcome • Principal Source Reduction Outcome: In 2005, per capita and per employee waste generation rates will be no higher than the 1999 rates. Beginning in 2006, there will be a 1% per year decrease in the per capita and per employee waste generation rate for the SWMCB region. Discussion: If this principal source reduction outcome is achieved, the region will generated tons per year less than projected by the year 2005. The annual resource conservation benefits will exceed$117,500,000, as estimated by the Tellus Institute. By 2017, the region will generate tons per year less than projected. The OEA,working with the Tellus Institute, has estimated that the source reduction potential statewide in 1998 is 360,000 tons. The proposed 235,000 tons per year regional reduction represents approximately 65% of the total. Regional Implementation Strategies: The region will work toward achievement of the principal outcome by implementing a ' strategy of targeting certain materials, as described below, and by working in partnership with OEA and with Minnesota Waste Wise. Because of the difficulty of achieving reduction outcomes, collaboration with clearly defined roles and responsibilities will provide for the best use of limited resources. This section will describe roles and responsibilities for the implementation of source reduction strategies. 1. The roles and responsibilities of the OEA will include: a. Research and data collection; b. Resource development, including case studies, fact sheets, curriculum development and other related products; c. State and federal legislative initiatives; and d. Financial assistance. 2. The roles and responsibilities of the SWMCB will include: a. Coordination of direct business assistance programs, work with trade associations and industry groups; b. Promotion and public information; c. Coordination of residential education; d. Participating in legislative initiatives and advising the OEA on resource development; and e. Program implementation. 3. The roles and responsibilities of the member counties will include: a. Direct business assistance; b. Program implementation; and DRAFT Source Reduction - August 5, 1998 Page 2 c. Residential education. 4. The roles and rensibilities of Minnesota Waste Will"ill include: a. Promotion; and b. Direct assistance to Minnesota Waste Wise members. To achieve the principal outcome, it will also be necessary to work in close partnership with commercial waste generators, to identify programs and assistance that are most helpful in business and industry, and to make it easy for commercial generators to change their practices to reduce waste. To assist in this overall strategy, the region will: 1. Develop, as needed, task forces of business and commercial generators and trade associations to assist in identifying the most effective programs and in distributing reduction messages and tools. 2. Develop a consistent contact point for reduction information, such as a one number telephone and web site referral system. Negotiated County Outcomes: • 1. All Counties will implement programs designed to reduce the amount of waste generated by residences, businesses and governmental units. Part Three. Intermediate Source Reduction Outcomes Introduction: To achieve the principal outcome, the following seven intermediate outcomes were identified as the most reasonable opportunities for reduction. Together, the intermediate outcomes will move the region toward the achievement of the Principal Source Reduction Outcome over the next five years. The opportunities are based on the OEA's Source Reduction Tactical Plan, dated May 8, 1998. This plan targets four specific waste streams: food waste, old corrugated containers (OCC), pallets/crates, and office paper. i ne targets were selected based on the 1992 MPCA analysis of waste composition and also represent the targets identified by the OEA's Business Environmental Resource Center, MnTAP and Minnesota Waste Wise. As shown in the table below, these targeted areas are expected to result in the source reduction of 226,500 tons of MSW. The remaining tons needed to reach the 235,000 principal tonnage outcome are expected to be achieved through more general source reduction efforts. DRAFT Source Reduction - August 5, 1998 Page 3 • Table 1 • Intermediate Source Reduction Outcomes Materials Outcome Commercial Packaging Waste 75,000 tons Office Paper 20,000 tons Reuse 50,000 tons Unwanted Mail 6,500 tons Food Waste 75,000 tons 226,500 tons • Intermediate Source Reduction Outcome#1: By 2003, the region will reduce 75,000 tons of commercial packaging waste. Discussion: This outcome combines two of the OEA's target areas, old corrugated cardboard (OCC) and wood pallets and crates. Eleven percent of the MSW generated in Minnesota is OCC. In 1996, Minnesotans generated approximately 701,500 tons of OCC, of which 440,000 were recycled and 261,500 tons disposed. The OEA and Tellus Institute estimate the potential for reduction statewide is 99,200 tons. Of that amount, the SWMCB estimates that the metropolitan reduction potential is 60% or 59,529 tons. Pallets and crates comprise 2% of MSW disposed, or 62,000 tons in 1996. Using the "EPA Source Reduction Program Potential Manual", the OEA estimates the potential to reduce pallet waste generation is 32,600 tons. The metropolitan potential is estimated to be 19,560 tons or 60% of the statewide total. Because the projected potential for reduction is based on 1992 waste composition data and national calculations, the SWMCB has targeted a conservative, combined potential reduction for commercial packaging of 75,000 tons per year by the year 2003. Regional Implementation Strategies: 1. The region will implement a Pilot Project to demonstrate reusable transportation packaging options/feasibility in businesses and counties. 2. The region will undertake the following education implementation strategies: a. Work with OEA to update and maintain waste reduction directories to address commercial packaging. b. Target major generators and disposers in a tailored public information/education campaign with technical assistance on packaging reduction. DRAFT Source Reduction - August 5, 1998 Page 4 c. 112-0T-noteways that each majorgeneratorcan reduce OCC and pallet use and was during the purchase, use, reuse and G. .oral of OCC and pallets. d. Assist in the identification of needs and i evelopment of promotional and educational materials working in partnership with relevant trade groups. 3. The region will implement legislative strategies as follows: a. Work with OEA to identify, propose and lobby legislative initiatives. b. Work with the OEA to investigate legislative and policy bathers to OCC and pallet source reduction and reuse initiatives by the public and the private sectors and the region will actively promote resolution of barriers. 4. The region will implement the following technical assistance implementation strategies: a. Offer on-site technical assistance with emphasis on large generators. b. Increase the use of reusable OCC and pallets through direct outreach strategies to businesses targeted by MnTAP. c. Distribute OEA's comprehensive listing of pallet re-manufacturers and more durable or source reduced alternatives fact sheet. 5. The region will implement the following strategies to encourage government leadership in waste reduction: a. Work with public entities to promote ways that government facilities can reduce OCC and pallet use and waste. b. Address OCC and pallets in the updated Environmentally Responsible Government Procurement Guide. Negotiated County Outcomes: 1. Anoka County will concentrate its efforts on facilitating the reduction of commercial packaging in manufacturing and distribution centers. • 2. Carver County will concentrate its efforts on facilitating the reduction of commercial packaging in light industrial facilities. 3. Dakota County will concentrate its efforts on facilitating the reduction of commercial packaging in county purchasing, including identifying the need for changes in the State and County Purchasing Contracts. 4. Hennepin County will concentrate its efforts on analyzing the potential for increased reduction of commercial packaging in county purchasing and in major retail centers, such as the Mall of America. 5. Ramsey County will concentrate its efforts on facilitating the reduction of commercial packaging in office buildings. DRAFT Source Reduction - August 5, 1998 Page 5 6. Washington Coujek will concentrate its efforts on facili ' g the reduction of commercial pack . the grocery industry. Intermediate Source Reduction Outcome#2: By 2003 the region will reduce 20,000 0 tons of office P a P er. Discussion: Approximately 4% of total MSW generated in Minnesota is high grade office paper. ., PP Offices generate 174 300 tons of high grade ear.per er a The OEA P P year. EA has estimate g Manual", usula the "EPA Source Reduction Potential that the statewide potential to reduce high quality office paper is 30,000 tons. The metropolitan potential is estimated to • be two-thirds of this amount or 20,000 tons. Regional Implementation Strategies: 1. The region will undertake a pilot project in SWMCB operations to maximize reduction of office paper through electronic networking, duplex copying, eco- printing (using printing methods that reduce waste volume and toxicity), and other applicable techniques. 2. To provide education,the region will: a. Work with vendors of copiers and printers to educate customers on equipment features for two-sided printing and duplicating. b. Work with the OEA to develop office paper reduction event with an emphasis on office building and relevant trade associations. 3. The region will work with OEA to identify, propose and lobby legislative initiatives. 4. To provide technical assistance, the region will: a. Target major generators and disposers with technical assistance on office paper reduction. b. Distribute OEA's Tool-Kit for businesses and other resources addressing office paper reduction to trade associations,public entities, and major office paper generators. - 5. To promote government leadership, the region will: a. Update the Environmentally Responsible Government Procurement Guide to address office paper reduction opportunities. b. Encourage and promote office paper reduction among public entities. c. Encourage and promote eco-printing among public entities. DRAFT Source Reduction - August 5 g 5, 1998 Page 6 it VIII it - wegotiaten (Aunty Outcomes: 1. Anoka County.11 concentrate its efforts on facilitate ie reduction of office paper in government office buildings. 2. Carver County 3. Dakota County will concentrate its efforts on facilitating the reduction of office paper through modified County and public entity practices with an emphasis on management information practices. 4. Hennepin County will concentrate its efforts in facilitating the reduction of office paper in office buildings. 5. Ramsey County will concentrate its efforts on facilitating the reduction of office paper in office buildings. 6. Washington County Intermediate Source Reduction Outcome#3: By 2003, the region will reduce 6,500 tons of unwanted, unsolicited mail. Discussion: The OEA has not targeted unwanted, unsolicited mail in its Source Reduction Tactical Plan, because of the difficulty of achieving success and the level of effort needed to do so. Using the EPA model, however, the OEA has estimated that the source reduction potential is approximately 6,500 tons per year in the metropolitan area_ While this outcome is not of the highest priority, some level of effort is recommended in light of the public interest in reducing this waste stream. Regional Implementation Strategies: 1. The region will conduct a municipal pilot program to examine opportunities for residential reduction of unwanted mail. 2. To provide education, the region will: a. Conduct targeted public education on how to reduce mail, work with municipalities to implement parts of campaign through recycling programs. b. Work with the OEA and Minnesota Waste Wise to develop and provide information in business assistance programs. DRAFT Source Reduction - August 5, 1998 Page 7 3. The region will: • a. Work with e OEA including Attorney General's Office to develop legislative requirements that make it easier for recipients to reduce unwanted, unsolicited mail. Negotiated County Outcomes: None. Primarily a State and regional responsibility. Intermediate Source Reduction Outcome#4: By 2003, the region will facilitate the reuse of 50,000 tons per year. Discussion: Reuse has significant potential in the region. One tool that the SWMCB has used since 1995 to facilitate the reuse of materials is MAX, a materials exchange program operated by MnTAP. For the 17-month reporting period ending December 1997, 1,591 tons were exchanged through MAX. While the current contract with MnTAP has an annual exchange goal of 5,000 tons, SWMCB and MnTAP staff estimate that the amount of materials exchanged could be increased to 10,000 tons through this program. In addition, there is significant potential for reuse in the residential sector, the deconstruction industry, and through other business programs that promote reuse. Regional Implementation Strategies: 1. To promote reuse through materials exchange, the region will: a. Provide resources to support material exchange programs. b. Increase promotion, program development and resources to businesses, including Internet access. c. Focus efforts on targeted materials. 2. To provide education to business, the region will develop targeted educational materials for different business sectors. Negotiated County Outcomes: 1. Anoka and Washington Counties will concentrate their efforts in facilitating the reuse of residential materials (e.g. clothes, toys, small electronics). 2. Dakota and Ramsey Counties will concentrate their efforts in generating and analyzing data that will be used to develop stronger, more effective source reduction and reuse messages targeting the residential sector. DRAFT Source Reduction - August 5, 1998 Page 8 1....uuuty wiul Lunt-C[1[raLe its errorts in facilitating the reuse of glass, deconstruction materials and latex paint. • Intermediate Outcome #5: By 2003, the region will reduce 75,000 tons of food waste. Discussion: Food waste represents approximately 11% of total MSW generated in Minnesota or approximately 514,800 tons. Of this amount,the t,th OEA estimates that residents generate 50%, restaurants and grocers generate 30%, food processors 10% and 10% by others. The OEA developed the statewide reduction potential for food waste by using several sources, including the "EPA Source Reduction Program Potential Manual", MnTAP, national contacts, and the Garbage Project at the University of Arizona. The total food waste reduction potential is derived by disaggregating it into the potential of key programs, including backyard composting, food for people, and meal planning. The OEA estimates that the statewide potential for backyard composting is 137,000 per year. The SWMCB estimates that of this amount, the region could achieve 36% or 50,000 tons. This lower percentage reflects the limited practicality of backyard composting in certain urban areas. The statewide potential for food for people programs is 10,500 tons. It is estimated that the regional potential is 75% or approximately 7,500 tons. Statewide, meal planning has the reduction potential of 50,000 tons. It is expected that the region could achieve 17,500 tons. (Note that the OEA found meal planning reduction potential the most difficult to estimate.) Meal planning is primarily focused on restaurants and institutions. Together, these food waste reduction potential estimates total 75,000 tons ear er by the year 2003. The total is a conservative estimate that reflects the uncertainty of the data and the potential for success. Regional Implementation Strategies: 1. The region will: • a. Work with the OEA to research feasibility of home and institutional on-site food waste composting. b. Support food-for-people programs through promotion, research and support. c. Work with institutional food service providers to develop methods for reducing food waste. 2. To provide education tools, the region will: a. Strengthen the "SMART Shopping" program with focus on food waste reduction. Work with Extension groups, WIC, FNEP, etc. b. Work with the OEA to develop educational and promotional materials and presentations for each targeted trade group. c. Work with OEA to develop educational campaign on appropriate, safe and clean backyard composting techniques. DRAFT Source Reduction - August 5, 1998 Page 9 3. The region will work with OEA to investigate legal Barrie to food reuse programs, backyomposting and to identify, propose lobby legislative initiatives. 4. To provide technical assistance, the region will: a. Work with OEA to create directory of food redistribution centers and distribute the directory to restaurants and grocers. b. Work with OEA to develop prototype food waste reduction action plan for each major generator type. c. Provide on-site assistance to major generators. d. Work with sanitarians, the extension service, land use managers, and cities to identify opportunities and barriers to backyard composting. Negotiated County Outcomes: 1. Anoka County will concentrate its efforts on reducing residential food waste through composting. [Note: Is this backyard composting?] 2. Carver and Washington Counties will concentrate their efforts on reducing food waste through backyard composting. 3. Dakota County will concentrate its efforts on reducing food waste by providing case study data for public institution food for people programs. 4. Hennepin County Hennepin County Placeholder: Focus on hospitals. 5. Hennepin and Ramsey Counties will concentrate their efforts on reducing food waste through food for people programs. Intermediate Source Reduction Outcome#6: By 2003, counties will incorporate reduction guidelines at all county facilities. The region will achieve a 10% reduction in the amount of waste generated at county owned facilities. Discussion: A significant theme in the Policy Plan is that government will serve as a leader in the implementation of the Plan. Specifically, Policy 5.1.2.3 provides that the State, counties and local government will aggressively implement source reduction strategies, maximizing internal reduction efforts and purchasing products that reduce the volume of waste. No data currently exists on the total amount of waste generated by the counties, so this outcome is presented as a percentage decrease, not a specific tonnage amount. DRAFT Source Reduction - August 5, 1998 Page 10 -� ----t'----- .-.as-avr�vaaa'Vbl�.J• • 1. Government Lhip: a. Revise/ ate and implement its "Environmental y Responsible onsible Government Procurement Guide". b. Work with the OEA to develop standard cost analysis based on county and state facility contracts and bids for waste collection/recycling services. c. Promote with member counties the use of standard vendor contract language for waste reduction (including requirements for vendor documents to be two-sided). d. Each county will develop specific strategies and goals for decreasing the amount of waste/recyclables discarded from county owned facilities. County strategies and goals will include the materials v naffs targeted by the region e.Q transport Y ( �. p rt packaging, office .paper, etc.). ) Negotiated County Outcomes: 1. All Counties will reduce waste generated at County owned facilities by 10% by 2003. [Note: Ramsey wants to specify 10%per employee?] Intermediate Source Reduction Outcome #7: By 2003, 50% of the region's households and businesses will be able to identify five specific waste reduction activities they have practiced within the past 12 months. Discussion: The purpose of this proposed outcome is to target a measure of the success of reduction education, public information, and business assistance efforts in reaching people and businesses and in changing behavior. Regional Implementation Strategies: 1. The region will: a. Ensure that public education/information materials developed by SWMCB and counties will include specific practices that can be measured. b. Conduct periodic survey to evaluate performance. Negotiated County Outcomes: 1. Anoka County will: a. Actively offer assistance to 10% of its businesses each year. b. Focus its residential waste reduction efforts on working with its municipalities and haulers to evaluate the potential for a residential materials exchange program. c. Focus its commercial waste reduction efforts on DRAFT Source Reduction - August 5, 1998 Page 11 2. Carver County a. Provide Wte waste assessment to businesiannuall Y and will assist an additional businesses annually through advertising, outreach and other public education strategies. b. Focus its residential waste reduction efforts on c. Focus its commercial waste reduction efforts on 3. Dakota County will: a. Provide on-site waste assessment to 20 businesses annually and will assist all businesses annually through advertising, outreach and other public education strategies. b. Focus its residential waste reduction efforts on food purchasing practices. c. Focus its commercial waste reduction efforts on 4. Hennepin County will: a. Provide on-site waste assessment to 100 businesses annually and will assist an additional 1,000 businesses annually through advertising, outreach and other public education strategies. b. Focus residential waste reduction efforts on landscape practices and reuse of consumer and household products. c. Focus its commercial waste reduction efforts on 5. Ramsey County will: a. Assure that direct business assistance service is provided to businesses each year, and will directly contact_ businesses at least once each year through advertising and public outreach strategies about general waste reduction activities and Ramsey County will work with others so that businesses have other opportunities to learn about waste reduction. b. Work with other entities in the County to assure that residential waste reduction messages are consistent and frequently provided. The County will assure that every household receives waste reduction messages at least once per year. 6. Washington County will: a. Provide on-site waste assessment to 50 businesses annually and will assist an additional 2,000 businesses annually through advertising, outreach and other public education strategies. , b. Focus its residential waste reduction efforts on reuse and backyard composting. c. Focus its commercial waste reduction efforts on groceries, schools and major discount stores. DRAFT Source Reduction - August 5, 1998 Page 12 8/7/98 WASHINGTON COUNTY • `WASTE MANAGEMENT PLAN EXECUTIVE SUMMARY INTRODUCTION AND PLAN PREPARATION it VISION AND GOALS EXISTING SYSTEM SYSTEM PLAN Each component will separately address implementation strategies for or reside t'a . g residential,1 non-residenti . al and county facilities. The following sections will include county policies, regional negotiated outcomes, county specific outcomes and implementation strategies. Source Reduction Recycling Toxicity Reduction Landfilling Non-MSW Processing (Will include Resource Recovery) Solid Waste Regulation Public Information Yard Waste Fiscal Management (Cost& Finance) Collection & Transportation Residential is defined as single family homes, mobile homes and apartment units. Non-residential is all commercial/industrial businesses, institutions, schools, landlord portions of apartment buildings, etc. • INSTRUCTIONS TO BIDDERS CITY OF OAK PARK HEIGHTS 1999-2003 RESIDENTIAL REFUSE AND RECYCLING CONTRACT OCTOBER, 1998 (1) Call for Bids The City of Oak Park Heights is seeking bids from qualified individuals or companies to provide, for a period of five years beginning January 1, 1999, all refuse and recyclable materials collected from residential property of four(4) or fewer units within the corporate boundaries of the City of Oak Park Heights. Bids must be received by 11:00 AM CDT on Friday, October 16, 1998. Bids must be sealed with the statement"Refuse and Recycling Collection Bid" marked on the outside of the envelope and delivered to the City Administrator's office at 14168 North 57th Street, Oak Park Heights, MN 55082. All bids will be publicly opened and tabulated on October 16, 1998, at 11:00 a.m. and will be considered by the City Council at their regular meeting on Tuesday, October 20, 1998, at 7:00 p.m. The City reserves the right to reject any and all bids if such action is deemed to be in the public interest. The City shall have 45 days to accept or reject bids; however, it plans to take such action on October 20, 1998. All bids must include a bid bond as described herein and all bids must be submitted on the forms and in the format provided by the City. Any incomplete bids or omissions of a material nature will be grounds for rejection of the bid. By submitting a bid, the bidder acknowledges that she/he has thoroughly reviewed all specifications, volume and customer history, collection districts and physical conditions of the City. Failure to anticipate unforeseen difficulties will not relieve the successful bidder from fulfilling the requirements of the contract or related obligations. (2) Subcontracting and Automation The City seeks optimum efficiency in the collection, recycling and disposal of residential waste from its community. Customer service and environmental protection are of equal priority in this endeavor. Accordingly, the City encourages innovation and best practices from bidders and will, therefore, accept reasonable proposals for use of automation and subcontracting insofar as these provisions enhance the quality, efficiency and environmental protection aspects of this service and otherwise comply with the specifications. (3) Contractor-owned Containers The present provider of this service has distributed approximately 1000 containers to single- family homes and apartment buildings of four(4) units or less. These containers are thirty (30) and ninety (90) gallons in size with wheels. The successful bidder will be required to supply these or similar containers to these customers unless other arrangements, acceptable to and approved by the City, are made. (4) Deviation If a bidder is unable to meet a specific specification but believes a superior service or product may otherwise be provided, she/he must make a clear notation so stating on the bid forms or attached thereto. (6) City-owned Facilities In addition to residential properties this contract provides for collection of refuse and recyclable material from city-owned property used for municipal purposes. The following describes those facilities and service needs. Buildings/facilities: This currently involves collection from five building sites located throughout the city, each of which have a 3-5 yard container emptied weekly. Parks: See above. (7) Spring and Fall Clean-up This contract provides for service and equipment for the collection and disposal of refuse from all City-owned or leased facilities,properties, and parks at no cost to the City. Frequency: The City holds two clean-up days each year, typically in early May and mid-October. Equipment: The contractor should provide five (5) roll-offs, four (4)packer trucks, and a pickup for auto batteries with approximately 6 personnel. Tonnages: 1) Spring unknown; 2) Fall unknown. (8) Bid Bond (Security) Each bidder must submit with her/his bid a certified check or Bid Bond in an amount not less than 5 $ 0 000 which sum it is agreed shall be forfeited as liquidated damages to the City if the bidder fails to execute a contract for the work described in the attached specifications within ten (10) calendar days after acceptance of the bid. 2 • • CITY OF OAK PARK HEIGHTS SPECIFICATION FOR REFUSE AND RECYCLABLE COLLECTION January 1, 1999 Through December 31, 2003 PURPOSE OF CONTRACT The contractor shall collect and properly dispose of all refuse and recyclable materials set for collection from residential property 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 less 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 and further expressed for 30, 60, 90 gallon rates and as a special rate for senior citizens service. 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. "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. 1111 • "Recyclables" are reusable or reprocessable materials approved and agreed to by the aprties 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 to the dwelling unit to place recyclable material 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 both 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 household items including refrigerators, stoves, dishwashers, washers and dryers, water heaters, carpeting and padding, mattresses, chairs, couches, tables and other such items of furniture 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 plastic lawn/leaf bag of a type available commercially, paper biodegradable bags, or a permanent container which is identified as containing yard waste or compost. Receptacle is not to exceed 35 pounds. 2 • • IV. SCOPE OF CONTRACT A. Collection Service Provided by Contractor 1. Refuse Collection a) All occupants of residential ) p properties consisting of four (4) or less P P g ( ) 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. 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 6:00 a.m. on the day of collection to insure service. e) Refuse in excess of the designated volume-base per dwelling unit will 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 "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 3 • • 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 City's 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) Reasonable exceptions as to the manner of pickup for handicapped or disabled residents shall be made by the Contractor. 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 6:00 a.m. nor continue past 8:00 p.m. b) The Contractor shall collect all yard waste from residential properties having four(4) or less 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 less dwelling units in a single building in the City who wish to participate in the yard waste collection program shall place yard waste in plastic bags, 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. 4 • • 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. 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 6:00 a.m. nor continue past 8:00 p.m. b) All residential properties consisting of four (4) or less 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 additional materials involves a cost increase, compensation to the contractor may be renegotiated. d) The Contractor shall equip the City's designated drop-off site for the collection of recyclable materials as necessary and transport said materials to the market for sale. The equipment shall sufficiently accommodate the collection of the same recyclable materials as collected at the curbside, plus the collection of scrap metal. e) The Contractor shall deliver 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. 5 • 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 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 customer's location because it was improperly prepared, it is the Contractor's 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. 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 30 days prior to transportation of any refuse to said site(s). Any change in location shall also be reported to the City 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. 6 • C. Service Schedule 1. All collection service shall be conducted between the hours of 6:00 a.m. and 8:00 p.m. on Monday through Friday (both inclusive), except when an emergency shall exist, at which time the Contractor shall notify the City of such emergency conditions. 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 y y eludes 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. 3. The Contractor shall not be required to make regular collections on New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or 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 week's schedule shall be completed regardless of the holiday. It shall be the Contractor's 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. 7 • 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 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 week from the time of such request. 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 Equipment a) The Contractor shall make all collections of refuse, compost, and recyclables in water-tight metal receptacles or vehicles with closed tops so constructed that their contents will not leak, spill, or scatter therefrom. Should any refuse, compost, or recyclables be dumped or spilled in collecting or transporting, it shall be immediately cleaned up. A broom and shovel in good usable condition should be placed and maintained on each vehicle for this purpose. Receptacles and vehicles shall be kept clean and as free from all offensive odors as possible and shall not be allowed to stand in any street, alley or other location longer than is reasonably necessary to collect refuse, compost or recyclables. b) All vehicles shall be painted and marked uniformly and shall have the hauler's 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 8 • • 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 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 hauler's collection crew so long as these are sufficient personnel to fulfill the requirements of the specifications and contract herein. b) Contractor's 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. Contractor's employees will also report to the Contractor any violations of regulations as they observe in the performance of their work. Employees shall not be under the influence of alcohol or drugs, shall be of a presentable appearance, perform work in a neat and quiet manner, and at all times be courteous to the public in the performance of their duties. 3. Supervision a) A full-time superintendent of collections shall be employed by the Contractor, and shall be the representative of the Contractor under this Contract. The Superintendent shall be on the job within the City during normal hours of collection operations and shall maintain proper schedules for collection. The superintendent shall have supervisory duties 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 9 • • employee, agent or officer of the City as the City Administrator shall designate. The designated inspector may have access to all of the Contractor's 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. All complaints shall be answered by the Contractor courteously and promptly. Verified failure to make a pick-up or follow-up on a complaint shall be cause to deduct $15.00 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. 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. 10 • 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. 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. 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. 11 • D. There shall be a senior citizen/disabled citizen rate established at a rate lower than the base dwelling unit price for 30-35 gallon service. The senior citizen/disabled citizen rate will be established in Attachment A and will apply only to households with not more than two occupants, one of which is not less than 65 years of age for the senior rate. Said rate shall not apply if more than 35 gallons of garbage or refuse is collected from that customer P er week. E. 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 Contract's 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 12 month period ending the previous calendar year. If an adjustment is requested in April, 2000, the index applied shall be the second half of 1999 times two. Such changes shall be effective May 10th 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 May 10, 1999 with bid 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 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. 2. The Contractor may request the City to charge all accounts delinquent for 12 • • 90 days on the customer's utility bill pursuant to a process approved by the City. Said collection shall be limited to rates approved by the City and shall be subject to a City approved appeal process. 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 I\insurance policy coverage requirements are $500,000 bodily injury per person, $1,000,000 aggregate per occurrence, and$500,000 property damage. All policies evidencing insurance required by this Paragraph shall name the City and the Contractor as named insureds, and shall insure the City and the Contractor by reasons of any act or omission, including negligence, of the Contractor or of the Contractor's employees or agents in connection with the performance of this Contract, including claims arising out of the use of or operation of any vehicles used by the Contractor or the Contractor's employees or agents in performing this Contract. Such policies shall be in form and content satisfactory to the City Attorney, and shall be filed with he City Clerk. A certificate showing that the Contractor has in effect the aforesaid insurance covering both the Contractor and the City shall be filed with the City Clerk within ten (10) days from the execution of the Contract, and yearly thereafter, at least thirty (30) days prior to the date of the expiration of said policies of insurance for each year of the Contract. All of the foregoing policies shall be issued by an insurance company or companies licensed to do business in the State of Minnesota and authorized to assume the risks covered thereby. Memorandum policies and receipts for the payment of premiums shall be filed with the City showing payment of premiums for at least one 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. 13 • • 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. 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 Contractor's employees or agents in connection with the Contractor's 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 NonDiscrimination: 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. 14 • • 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 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 bee 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 15 • • 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 Contractor's 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. • • • IN WITNESS WHEREOF, The City of Oak Park Heights and have executed this agreement the day and year written below. CONTRACTOR CITY OF OAK PARK HEIGHTS By By David Schaaf,Mayor Its By Date Thomas M.Melena,City Administrator Date: CERTIFICATES OF ACKNOWLEDGMENT STATE OF MINNESOTA) COUNTY OF WASHINGTON) On this day of , 1999 before me personally appeared to me known, who, being duly sworn, did say she/he is the of , and acknowledged that she/he executed the same as his free act and deed. Notary Public STATE OF MINNESOTA) COUNTY OF WASHINGTON) On this day of , 1999 before me personally appeared David Schaaf and Thomas M.Melena to me personally known,who,being duly sworn,did say they are respectively the Mayor and City Administrator of the City of Oak Park Heights,Minnesota,and acknowledged the instrument to be the free act and deed of said corporation. Notary Public • Bid Form City of Oak Park Heights 1999-2003 Residential Refuse and Recycling Contract To: City of Oak Park Heights I/we the undersigned, having review the specifications and instructions to bidders and information made available from the City, do hereby submit this bid to provide all labor, disposal arrangements and other resources necessary to meet the specifications and requirements. Attachments A and B hereto shall constitute this bid and, if selected, incorporated into the succeeding contract. Date: , 1999 Official Name and Address: By Title S • ATTACHMENT A,page 1 or 2 ATTACHMENT A (See instructions on page 2 of Attachment A) {RATES FOR COLLECTION AND DISPOSAL OF REFUSE AND RECYCLING} Alternates A&B A B A B A B A B (Drop-off site),see Section B of instructions,p.2 Disposal Fee' Collection Fee' Recycling Fee' TOTAL Base Dwelling Unit Price 'Disposal fee based on tipping fee, including all taxes, surcharges and tariffs, of $ per ton as of October 1, 1998. 'Included in collection fee: cost of regular weekly collection, (including collection and transportation of refuse to a refused derived fuel facility), one Christmas per household, monthly publication of a two-column by six inch promotion or educational illustration in local newspaper, collection at City facilities without charge, labor and equipment for not less than five packers or equivalent for City clean-up day in spring and fall at no charge to the City. 'Included in the recycling fee: cost of regular weekly curbside collection of recyclables as defined in the contract, (including collection and transportation of recyclables to the market for sale), collection of phone books once per year, a drop-off center, and payment of 50 percent of redemption value of all recyclables. • • ATTACHMENT A,page 2 of 2 INSTRUCTIONS FOR ATTACHMENT A Disposal Fee • The disposal fee portion of the Base Dwelling Unit Price must be bid within the following ranges: rate disposal fee: $2.04-$2.25 30-gallon rate disposal fee: $2.57-$2.84 60-gallon rate disposal fee: $4.09-$4.52 90-gallon rate disposal fee: $6.13-$6.77 • These ranges represent a 10% deviation from the average disposal cost per household which was established using the following assumptions: Assumption#1: Tipping Fee=$50.00/ton Assumption#2: Senior Service: average 20 lbs/wk[(.043 tons/mo.)X$50=$2.15/mo.] Assumption#3: 30-gallon service: average 25 lbs/wk[(.054 tons/mo.)X$50=$2.70/mo.] Assumption#4: 60-gallon service: average 40 lbs/wk [(.086 tons/mo.)X$50=$4.30/mo.] Assumption#5: 90-gallon service: average 60 lbs/wk[(.129 tons/mo.)X$50=$6.45/mo.] NOTE: The disposal rates are established in this manner to reflect an average per household cost for disposal. The City recognizes that each household will vary, having a variable affect on the Contractor's actual disposal costs. Any increase or decrease in the tipping fee will proportionately affect the disposal fee portion of the base dwelling unit price as provided for in Section V.F.2. of the contract. • . ATTACHMENT B,page 1 of 1 ATTACHMENT B {ADDITIONAL COLLECTION SERVICE CHARGES} EXTRA REFUSE 30-GALLONS 15-GALLONS MATTRESSES TIRES LARGE SMALL UPHOLSTERED CHAIRS FULL COUCH KITCHEN CHAIR MATTRESS BOX SPRING PORTABLE TV CONSOLE TV MISC. ELECTRONICS MISC.APPLIANCES AIR CONDITIONER CHRISTMAS TREES N/C (LIMIT ONE PER HOUSEHOLD PER YEAR) OTHER: YARD WASTE: MAY 15 - SEPT. 15 SEPT. 16-MAY 14 BUNDLED BRUSH (Not exceeding 35 lbs.Or 36 inches in length) NOTE: Construction roll-offs are not included in this pricing nor are they controlled or mandated by this contract. CITY alf • ,q 4 3 e d o f OAK PARK HEIGHTS , r' 41,7 14168 N. 57th Street•Box 2007 Oak Park Heights,MN 55082 • Phone: (612) 439-4439 •FAX 439-0574 PUBLIC HEARING TO DISCUSS SOLID WASTE CONTRACT SERVICES FOR THE CITY OF OAK PARK HEIGHTS The City Council of the City of Oak Park Heights will hold a public hearing at 7:30 p.m. on Tuesday, July 14, 1998 at Oak Park Heights City Hall to discuss a solid waste contract for City collection services beginning in 1999. All who wish to comment are asked to attend and be heard. BY ORDER OF THE CITY COUNCIL Thomas Melena City Administrator Tree City U.S.A. ENCLOSURE 5 I UNITED WAKE SYSTEMS • 8678 75th St.N. OF MINNESOTA (612)ater,MN 55082 (612)429-6766 A USA WASTE SERVICES COMPANY (612)653-0818 Fax botgl JCL I )\L /f/ May 26, 1998 4 411 x 416(1)1.- tft)'4 4-6 To ll+ormc h Tom Melena `/WVAn City of Oak Park Heights 14168 North 57th Street P.O. Box 2007 Oak Park Heights, MN 55082-2007 Dear Mr. Melena: Enclosed please find a current copy of United Waste Systems of MN, Inc. (UWSMN) route sheet for the City of Oak Park Heights. An audit has been completed on all single family and Townhome units in the city as of May 1998. In addition, I have submitted a Managerial Experience sheet for your review as well as a company statement. Also, attached is my proposed pricing for City of Oak Park Heights new refuse and recycling contract for 1998. The Pricing is based on volume based fees for the residents in the community. This is per our discussion on May 5, 1998. I have also listed a sheet for extra pick ups and fees. All collections would continue to be Thursday, and the service would include yard waste collection for all residential units. I am proposing a 5 year contract with a 5 year extension period along with a review for a CPI increase after the first year. I look forward to your consideration of my proposal and a continued relationship with your community. Respectfully Submitted, 4141/1 '° - Ronald P. Gersdorf Residential Manager United Waste. Systems of MN, Inc. A Subsidiary of United Waste Systems, Inc. � • • United Waste Systems of Minnesota, Inc. Managerial Experience. Jeffrey T. Glewwe, District Manager Systems'y g of United Waste Systems Twin Cities operations, has been with the Company since May 1995. From A ugus t 1993 to May 1995, Mr. Glewwe was Division President and General Manager of Waste Management of Nebraska, Inc., a WMX division based in Omaha, Nebraska. From September 1990 to July 1993, Mr. Glewwe was Operations Manager of Waste Management of Savage in Savage, Minnesota where he oversaw g g g the daily operation of 60 commercial, residential, industrial and recycling r out e s. Previously, Mr. Glewwe served as the General Manager of Expert Disposal, Inc., a hauling company located in the Minneapolis area which was acquired by Waste Management in September 1990. A native of Apple Valley, Minnesota, Mr. Glewwe is a 1988 graduate of the University of Wisconsin-River Falls, with a Bachelor's degree in Business Administration and Economics. Ronald P. Gersdorf, Residential Manager of United Waste Systems of Minnesota, Inc. Mr. Gersdorf is responsible for compliance with all Federal, State, and Local regulatory requirements, accident and injury investigation and follow up, and claims management. Mr. Gersdorf is also responsible for resolving any customer service related issues and providing the monthly tonnage reports to the communities we service. Mr. Gersdorf has been with the company since June of 1996. Ron brings with him over 3 years experience from Twin City Sanitation, Inc. A hauling company in St. Paul, MN. Mr. Gersdorf is a 1993 graduate of Mankato State University where he received a B. S. Degree in Business Administration with a concentration in marketing. He is currently working on his graduate degree at the University of Minnesota. This year, Ron was honored with the Floyd Forsberg Scholarship for high academic achievement sponsored by the U of M and the Solid Waste Association of North America. Ron was especially honored with this award because it representative of the same commitment to excellence as UWSMN. Thomas Moline, Operations Manager of United Waste Systems of Minnesota, Inc. Mr. Moline is responsible for collection related activities for UWS' residential operations. His duties include planning and budgeting of all resources in the operations department, including developing driver assignments, assuring the availability of vehicles, accessing training needs and training employees. Mr. Moline has been with United Waste Systems of MN, Inc. since July of 1997. Prior to joining the management team at United Waste Systems of MN, Inc. Mr. Moline worked for Browning Ferris Industries, Inc. (BFI) for over 25 years. During his tenure at BFI, Mr. Moline held increasingly more responsible positions from being a residential driver progressing to Supervisor, Operations Manger to District Manager. Terry ry Anderson Maintenance Manager of United Waste Systems of Minnesota, Inc. Mr. Anderson is responsible for the day to day operation of the maintenance department. This includes setting personnel schedules, defining work loads, and observing, monitoring and evaluating the work of his employees. Mr. Anderson is also responsible for the financial aspects of the maintenance department including budgeting and purchasing of parts and equipment. • Company Statement United Waste Systems of MN, Inc. and its parent corporation, United Waste Systems, Inc., are uniquely qualified to fulfill the City of Oak Park Heights request for comprehensive solid waste, yard waste and recycling collection services. United Waste Systems currently provides weekly collection, transportation and disposal of garbage and refuse, yard waste and recyclable material collection, processing and marketing for over 30,000 single family and multi-family residential dwelling units in the Twin Cities Metropolitan Area through both organized city contracts and subscription service customers. Since the formation of United Waste Systems, Inc. in 1989, United Waste Systems' has overseen the collection, transportation, disposal, processing and marketing of solid wastes and recyclables generated by its customers. Today, United Waste Systems is a wholly owned subsidiary of USA Waste Services, Inc., a national leader in providing solid waste services, employing more then 12,000 people working to provide a seamless array of environmental services. United Waste Systems has provided solid waste collection, transportation, disposal and recycling collection, processing and marketing services for residents and businesses in the Twin Cities metropolitan area since 1995. United Waste Systems' has over 150 employees in the Twin Cities Metropolitan Area, dedicated to providing vital solid waste services. USA Waste Services, Inc. and it's affiliates currently serve more than 2,600,000 residential and commercial customers throughout the U.S. The majority of its residential customers are served under municipal contracts or franchise agreements. Additionally, the Company owns and operates 143 disposal facilities, 121 transfer stations and 231 hauling companies in the United States, Canada, Mexico and Puerto Rico. USA Waste Services serves customers in 36 states through wholly-owned local operating divisions, including local solid waste collection companies, solid waste transfer stations, resource recovery or solid waste processing centers and solid waste disposal facilities. United Waste Systems owns and operates a solid waste collection fleet of approximately 5,500 collection vehicles including recycling, rear-loading, front-loading, roll-off and side-loading vehicles. USA Waste Services companies in the Twin Cities Metropolitan area currently collect, transport and dispose of over 300 tons per day of residential garbage and refuse, the volume of garbage and refuse generated by the Oak Park Heights, approximately 16 tons per week, would easily be added to our current collection volume. • USA Waste Services companies in the Twin Cities Metropolitan area currently collect, transport and dispose yard waste from over 30,000 homes on a weekly collection basis. Yard waste is collected during the months of April 1 through November 30 in some communities and year round in others. The yard waste is collected utilizing two collection methods and containers including plastic bags and kraft paper yard waste bags. USA Waste Services companies in the Twin Cities Metropolitan area currently collect, transport and market recyclable material from over 25,000 homes on a weekly collection basis. Recyclable Materials collected by USA Waste Services companies include: old newspaper, glass, aluminum, steel, bi-metal and tin food and beverage containers, corrugated cardboard, mixed residential paper, plastic bottles with a neck, and white goods, Recyclable are collected in both a source separated form and an easy sort commingled form. Currently, USA Waste Companies collect and market over 900 tons a month of curbside residential recyclable material in the Twin Cities Metropolitan Area. White good are collected both by the use of subcontractors and our own collection vehicles. White goods collection from the City of Oak Park Heights would be subcontracted to JR's Appliance Disposal. 2. Customer Service: Customer service is the cornerstone of the USA Wastes' family of companies. USA Wastes' goal is to provide customer service unequaled in the market at a competitive price. Currently, USA Waste utilizes the customer service center concept. All residential customer service calls are directed to the customer service center located in St. Paul, MN. The Customer Service Representatives have to ability to solve the customer's issue on the spot. Action required items such as special pick ups or late set outs are transferred to the In House Customer Service Supervisor, The In House Customer Service Supervisor is directly responsible for the drivers in the field and is the drivers direct supervisor. The In House Customer Service communicates any additional or special pickups to the drivers in the field. The drivers "clear" their route areas with their direct supervisor thus avoiding any authority issues. The customer service center is open from 7:30am to 5:00pm to answer customer calls. USA Waste also utilizes On Street Customer Service Supervisor to follow up in the field on customer and driver issues. An On Street Customer Service Supervisor is in the community daily on the community's collection days and would directly oversee the collection activities for the City of Oak Park Heights from the field. USA Waste also utilizes a customer complaint log for logging customer complaints. Customer complaints are tracked from the time the complaint is received until the complaint has been resolved to the satisfaction of the customer. USA Waste also understands the importance of projecting a clean professional image to the general public while servicing the community. Therefore, USA Waste washes its collection vehicles on a weekly basis and repaints the vehicles ad needed. Collection vehicles will meet all DOT regulations and will be available for annual inspections by the City. Customer owned containers and property are always treated with respect, if a customer's property is damaged by one of our service providers, the damaged property is replaced or compensated for. • • 3. Reporting Requirements: USA Waste has the capability to report quantities of wastes and recyclable items on a daily, weekly, monthly and year to date basis for both material collected and material shipped or disposed of. Enclosed with this response are sample tonnage reports for your review. The reports provided are samples and can be modified to meet the City's requirements. Recyclable materials collected in a commingled fashion are reported based on actual weight percentages of the processed material. All certified weight receipts are kept at the administration offices and are available for the City's inspection if requested. Gross monthly revenue from the sale of recyclable materials along with monthly disposal information for white goods, garbage and refuse, and yard waste can be incorporated in the monthly reports to the City. Currently USA Waste utilizes route schedules or route lists to identify customers and the customers service level, The route schedule is also used to identify customers who are recycling or have yard waste or have additional items set out for collection. The driver simply indicates on his route list if a customer has recycling, yard waste or etc. out for collection. The driver also uses the route list to identify customers who are "not out" at the time of collection and indicates the time he or she was at the customers location. 4. Disposal and Storage: The intended location of disposal of the following materials: Garbage and Refuse: Garbage and Refuse collected in Washington County by United Waste Systems of MN, Inc. is currently being delivered to our transfer station we currently own and operate. It would be our intention to utilize this transfer station to tip the garbage and refuse from the City of Oak Park Heights. The garbage and refuse tipped at the Stillwater transfer station would then be loaded into semi trailers to be shipped to Central Landfill Facility. Daily tonnage information could be supplied to City officials regarding the amount or garbage and refuse that was collected from the City of Oak Park Heights. The current tipping fee contracted with Central Landfill is $38.00 per ton. Yard Waste: Yard waste from the City of Oak Park Heights could be delivered to a number of yard waste composting facilities. The SKB Environmental yard waste composting facility, The Burnsville Sanitary Landfill composting facility, The SMC yard waste composting facility and Buerbi Landscaping yard waste facility have been used by United Waste Systems in the past year. If United Waste was awarded the opportunity to propose service to the City of Oak Park Heights, we would enter into an agreement with one or more of these companies to accept the yard waste from the City of Oak Park Heights. Large Items: Large Items would be disposed of at the Transfer Station in Stillwater. White Goods: The collection and disposal of white goods would be subcontracted to a licensed • appliance recycler such as JR's Appliance Disposal. The white goods would be recycled by the licensed appliance recycler. Recyclables: Recycling materials collected within the City of Oak Park Heights would be delivered to an intermediate processor of recyclables. United Waste Systems currently utilizes the following recyclable material processors: Waste Management/Recycle America, Super Cycle Inc., Recycle Minnesota Resources, Inc., and Weyerhauser Inc. It would be our intention to enter into a materials delivery contract with one of these recyclable material processors. No material would be stored by the company, the materials would be delivered directly to the processors or disposal point via the route collection vehicles. Other Services: Garbage and Refuse cart provided to each dwelling unit the City. United Waste Systems is a strong supporter of collecting materials as efficiently and as cost effective as possible, therefore, we would like to continue the use of carts for the collection of garbage and refuse. Carts offer a number of advantages to customer owned cans, some of the advantages are as follows: Uniform animal resistant collection containers. Volume based sizes, 30, 60, and 90 gallon sizes available. Automated collection capability. Large wheels allow carts to be rolled to the collection point easily. City Clean Ups: Spring and fall cleanups have a significant impact on the amount of special items that are set out for collection. The City should explore the option of having a spring and fall clean up day. The cost for the clean up could be set as a cost per item the day of the clean up or as a labor and disposal charge from the contract or as part of the monthly rate charge to the resident. A cost estimate for the clean up would be $50.00 per hour per truck and operator plus disposal. City of Oak Park Heights S Prepared For Tom Melena Prepared By: Ron Gersdorf 5/5/98 Current Service #of Monthly Type Customers Fee SNR 40 $ 13.50 30 allon 44 9 $ 13.75 60 gallon- 811 $ 16.95 90 gallon 270 18.45 1165 Take all Servcie Service #of Monthly Type Customers Fee SNR 40 k1-1.5 30 gallon 44 60 gallon 811 S;AS \L-�S 90 gallon 270 cV-C "Zc` c Volume Based Fees Proposal For 1998 • P • Prepared For:Tom Melena Prepared By: Ron Gersdorf 5/26/98 Proposed 1998 Disposal USA Waste Intercompany 38 gal/SNR 52 $ 7.00 64 gallon 600 11.10 96 gallon 271 16.65 Recycling 923 2.15 Disposal at NRG Newport 38 gal/SNR 52 $ 7.50 64 gallon 600 11.60 96 gallon 271 17.15 Recycling 923 2.15 • USA Waste Services United Waste Systems of Minnesota, Inc. *Extra charges for Oak Park Heights customers Bundle of brush (3 X 3) $3.00 Extra refuse (32 gallon bag) $1.50 Extra Refuse (per yard) $10.00 Auto car seat- single $10.00 Auto car seat- bench $15.00 Car tire $7.00 Truck tire $10.00 White appliances (washer, dryer, stove, etc.) $25.00 Microwave $10.00 Air condition $35.00 Mattress/Boxspring single $7,50 Queen/King $15.00 Couch $20.00 Hide-a-bed $25.00 Recliner $15.00 Portable TV $15.00 Console TV $20.00 Bathtub/Toilet $20.00 Carpet/Padding (per sq. yard) $10.00 * Based on curb side collection rev.Jan 1, 1999 scsoetm gal WASHINGTON COUNTY Mary LL.1M Glothlin '' ` y� DEPARTMENT OF PUBLIC HEALTH t ue� ins 3e a» cufnt]�1I►IdACAIT GOVERNMENT CENTER �TOk alfry'ASIIIIIGTOM 04 a4 14949 62ND STREET NORTH•P O.BOX 3803•STILLWAI � G? WASHINGTON COUNTY DSO YEARS Of PROMS& Office:(651)430-6655 • TTY(651)439-3220 • Facsimi Kathleen A. Nyquist Environmental Specialist March 9, 2000 Department of Public Health&Environment c, _ 4 14949-62nd Street North P.O.Box 3803 Stillwater,Minnesota 55082-3803 Office:651-730-2748 To All Cities and Townships in Washington County: Email:nyquist @co.washington.mn.us Fax:651-739-1326 It's that time of year again, Spring! Many of you are getting ready for your annual Spring Community Clean Ups, which often times results in the question: "What do we do with our Household Hazardous Waste?" As you probably know,Washington County residents can dispose of their household hazardous wastes (HHW),year round at the permanent facility located in Oakdale. Additionally,Washington County coordinates with several outlaying communities for special one day HHW collection events. Getting these hazardous wastes out of the waste stream is important in not only protecting our drinking waters but also protecting the environment,trash haulers,and sanitation workers. We want all Washington County residents to know how to properly use, store, and dispose of their unwanted household hazardous wastes. Enclosed are the new 2000 brochures, detailing the Oakdale facility schedule as well as the dates,times, and locations of the special one day collection events. Please recycle any HHW Collection Schedule brochures from years previous. Also included are some general HHW brochures(the green and blue ink brochures)which help residents to identify hazardous wastes in their home,how to reduce and dispose of such items,plus how to learn more about HHW through a list of resources. We would like to be a part of your community Spring or Fall clean up plans with regards to HHW education. Please let us know when your community clean up (or any other event) is and how we can assist with brochures,flyers, and/or a presentation display. We are also interested in your local media sources,whether it be a community newsletter,bulletin board, or the local coffee shop,please let us know how to best reach your residents. Thank you for your participation. Please contact Kathleen Nyquist at 651-730-2748 with your HHW questions and/or community clean up dates. Please mail newsletters or other local media information to Kathleen's attention at: Washington County Department of Public Health and Environment, 14949-62°d St.N.,P.O.Box 3803, Stillwater,MN 55082-3803 or Fax to 651-739-1326. (Kathleen replaced Nikki who is now working on County Recycling and other Solid Waste Management issues.) Sincerely, Kathleen Nyquist Environmental Specialist Household Hazardous Waste Program Washington County Printed on Recycled Paper EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION aka 4' flru.. L January 8, 1999 Dear Resident: Now that the garbage company transition is complete, I would like to thank you for your patience during this process. As with any change, we are expecting a few glitches until our new hauler, Superior, has made a couple of pick-up runs through the City. If your residence experiences any problems such as missed pick-ups, etc.,please do not hesitate to call City Hall. Just as a reminder,the garbage and recycling pick-up day will continue to be every Thursday. Superior will also be picking up white goods free of charge, however you must call them and let them know that you have an item to be picked up. Superior's phone number is 651-459-3029. Any additional garbage that will not fit in your cart will be billed to you directly from Superior at a rate of$1.00/15-gallon bag and$1.50/30 gallon bag. You do not need to use a special garbage bag for extra garbage. Yard waste will continue to be collected during the spring/summer/fall months and we will have spring and fall clean-up days (days to be announced). Virtually all other services will remain the same and there will be no increase in charges to residents. As always, if you have any questions or concerns,please do not hesitate to call City Hall. Again,thank you for your patience during this transition. Sincerely, Thomas M. Melena City Administrator b % V ti y V .F.' "S- T°C7ngZn UD �A -ice-( DDb g) � Q O o !L'o j c j p Q 'm ➢l 0 ➢1 N � m 0 0 » m m 7 � N ��'p O p e e 0e womIsa ^- ,, yN 3 Na .<2'' Q maa W - aQ TO s" owoo jJ1 411 y�+ N o ii 5' T4 mu (pa; 5---m m Z m N m N m 7 .a 6° 54 g a ac m 2p oa N c o m n to I m = = m Cr m 3 d o m m ° v N (n (C j N m N m a m O j •�. p 01 d p m m j 7 m n c m G 5 N a 0 'O o 0 0 0 0 0 W r4:p : W QA ONNON N � - CO O V J O O W CO W $r: : January W : O O Q.;W A N W W W W W A W' o••• O D G _G February 0 0. 0 . 00000000 Y m 0 n o' G 000000000 000000000 i March Aril o o .o,0:o o o o 0 0 0 0 o P Cl) C) CD (/0 o O Z. 0 0 o lo...:*:':;:o.C7:00000OOOO May Cn e4 0 - .v 2 ` W 0 o June 0 .0:.:U0 :000000000 III 0 0 0 0 o 0.:;:00000000000 July O O G < p :i:i i;! a August 0 0 . o.. o 000000000 cr:;0 cz 9 O ` ; o;>;' o P o O ?; 0f;"0: :000000000 A:p, O p`o o October ber 0 0 0::::::K0::::::?-:00 0000000 0 : is<;0 O p 0 o November 0 0 0 :o .:.000000000 0 ;o d December 0 0 0....0:,:.000000000 ...._ O _. 00oo0oow- '91 v v W W A O N N O N N (w0 W V i,) w W o N) v o o w W W co W o Total To Date O W W 0 0 0 W A N W W W W o A A W o O O A O 01 (/:i)Eg gl N infll c J�UG7 gl og w giu , k..„.,......,.... ..,) , •. . ...._ . , _, WASTE MANAGEMENT Solid Waste Proposal Waste Management of MN,Inc. • 10050 Naples Street NE • Blaine,MN 55449 • Phone 612-783-5444 • Fax 612-783-5477 Waste Management of MN, Inc. Ctty of OOak Park H Residential Refuse & Recycling Proposal Friday, October 16, 1998 City of Oak Park Heights, 14168 North 57th Street,Box 2007,Oak Park Heights,MN 55082 PROPOSAL FORM City of Oak Park Heights 1999-2003 Residential Refuse and Recycling Contract To: City of Oak Park Heights I/we the undersigned, having review the specifications and instructions to bidders and information made available from the City, do hereby submit this proposal to provide all labor, disposal arrangements, and other resources necessary to meet the specifications and requirements. Attachments A and B hereto shall constitute this proposal and, if selected, incorporated into the succeeding contract. Date: October 16, 1998 Official Name and Address: Waste Management of MN, Inc. 10050 Naples Street NE Blaine, MN 55449 By Ronald P. Gersdorf i Title Municipal Marketing Manager I ATTACHMENT A,page 1 or 2 ATTACHMENT A (See instructions on page 2 of Attachment A) RATES FOR COLLECTION AND DISPOSAL OF REFUSE, RECYCLING, AND YARD WASTE 30 Gallon 60 Gallon 90 Gallon Disposal Fee' $2.73 $4.31 $6.67 Collection Fee' $4.24 $6.28 $5.60 Recycling Fee' $1.99 $1.99 $1.99 Yard Waste Fee; $ .47 $ .47 $ .47 TOTAL Base Dwelling Unit Price $9.43 $13.05 $14.73 'Disposal fee based on tipping fee, including all taxes, surcharges and tariffs, of S 38.00 per ton as of October 1, 1998. 'Base collection fee includes cost of regular weekly collection, (including collection and transportation of refuse to a refused derived fuel facility), one Christmas tree per household, monthly publication of a two-column by six inch promotion or educational illustration in local newspaper, collection at City facilities without charge, labor and equipment for not less than five packers or equivalent for City clean-up day in spring and fall at no charge to the City. Other collection options include: (a) collection of all items, including "white goods" in weekly pick-up; (b) collection of only volume-based waste, yard waste, and recyclables consistent with container size purchased by resident with additional costs for any extra items, and; ©free collection of certain items (must be identified) with weekly pick-up and additional charge for itemized "white goods. " 'Included in the recycling fee: cost of regular weekly curbside collection of recyclables as defined in the contract, (including collection and transportation of recyclables to the market for sale), collection of phone books once per year, a drop-off center, and payment of 50 percent of redemption value of all recyclables. Bundled, no longer than five (5)feet or heavier than forty (40)pounds. ATTACHMENT A,page 2 of 2 INSTRUCTIONS FOR ATTACHMENT A Disposal Fee • The disposal fee portion of the Base Dwelling Unit Price must be bid within the following ranges:* rate disposal fee: $2.04-$2.25 30-gallon rate disposal fee: $2.57-$2.84 60-gallon rate disposal fee: $4.09-$4.52 90-gallon rate disposal fee: $6.13-$6.77 • These ranges represent a 10% deviation from the average disposal cost per household which was established using the following assumptions: Assumption#1: Tipping Fee= $50.00/ton Assumption#2: 30-gallon service: average 25 lbs/wk[(.054 tons/mo.)X$50=$2.70/mo.] Assumption#3: 60-gallon service: average 40 lbs/wk [(.086 tons/mo.) X$50= $4.30/mo. Assumption #4: 90-gallon service: average 60 lbs/wk [(.129 tons/mo.)X$50=$6.45/mo. NOTE: The disposal rates are established in this manner to reflect an average per household cost for disposal on a per month basis. The City recognizes that each household will vary, having a variable affect on the Contractor's actual disposal costs. Any increase or decrease in the tipping fee will proportionately affect the disposal fee portion of the base dwelling unit price as provided for in Section V.F.2. of the contract. *These numbers are provided for purpose of illustration. 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 /15 gallons AIR CONDITIONERS $35.00 STOVES $25.00 WATER CONDITIONERS $25.00 FURNACES $25.00 WATER HEATERS $25.00 WASHERS/DRYERS $25.00 REFRIGERATORS/FREEZERS $25.00 MISC. HEAVY APPLIANCES 825.0Q 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. 21 RELIANCE INSURANCE COMPANY HOME OFFICE, PHILADELPHIA, PENNSYLVANIA BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A.I.A. DOCUMENT NO.A-310 (FEB. 1970 ED.) KNOW ALL MEN BY THESE PRESENTS, THAT WE WASTE MANAGEMENT OF MINNESOTA, INC. as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of Philadelphia, Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF OAK PARK HEIGHTS as Obligee, hereinafter called the Obligee, in the sum of FIFTY THOUSAND AND 00/100 Dollars ($50,000.00), for the payment of which sum well and truly to be made, the said principal and the said Surety, bind our-selves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for RESIDENTIAL REFUSE AND RECYCLING COLLECTION NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 16TH day of OCTOBER 1998 A.D. ,') WASTE MANAGEMENT OF MINNESOTA, INC. (Principal) (Seal) (Wnfifess1 f/ S W. TERRY (title) VICE PRESIDEN RISK MANAGE T RELIANCE INSURANCE COMPANY • -hyllis - ans i,A4tbr -y-In-Fact BDR-2305 6/95 THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA,PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY,are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Guy A. Squillante, James M. Egan. Phyllis Kalanskl, John M. Cain.. of Pittsburgh, Pennsylvania their true and lawful Attorneyls)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which • provisions are now in full force and effect, reading as follows: ARTICLE VII-EXECUTION OF BONDS AND UNDERTAKINGS 1. Thu Bawd of Directors,-.:. C..'•-..t-,:.rCheirmon of the Board,sty Senior Vios President,any Vino President or Assistant Moe President or other officer doogneted by the Board of Directors shed have cower end authority to lel aware Attonrylel-in-Feet and to audios.ern to execute on behalf of the Company,bands and undertakings.reeognieweee,cartreet.of indemnity and other writings obligatory in the nature Bred,and MI to remove any such AttameyleFinFact at any time and revoke the wawa and authority given to then. 2. Attorneyjhin.F.ct shall hove power and authority.abject to the time end limitations of elf Power of Attorney issued to than, to execute dative.on behalf of the Company.bends and urdartekitpo. recognisance..contract.of andamndy and other writings obligatory in the nacre thereof. The corporate seal•not necessary for the validity of any bands and udrtakinpa. recognizance.contracts of irdam city and other writing.obligatory in the natty.thereof. 3. Attorrsylal-in-F.ct shell how power rd authority to execute affidavits required to be attached to bonds.recognisance.., contracts of indemnity or other condition..Of obligatory { undertakings and they shall also MVO power and authority to certify the financial aaterrrt of the Company and to.epics of the By-Lawil of the Campany or any article or Suction thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adapted by the Executive and Finance Committee.of the Boards of Director.of&Wino. Insurance Comprry, United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous s Ca era dated at of February 29, 1994 and by the Executive and Anweisi Committee of the Board of Directors of Reksncs Suety Company by Unanimous Corm dated w of March 31,1994. 'Received that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by fanima..and any such Power of Attorney or certificate bearing such faceimile signature.or fecsmdu seal shall be valid and binding upon the Company rd any such Power so executed rd certified by facsimile egnatree rd facsimile ateel shed be valid and bi dirg upon the Company,in the tune*with respect to any bond or undertaking to wrath it its ateched.• IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this February 1, 1998. R y M i. ,eta, RELIANCE SURETY COMPANY ,01,0441.94. :41 �'�roe��r�i leper, RELIANCE INSURANCE COMPANY SEAL '_ >i .°Ito• ,i UNTIED PACIFIC INSURANCE COMPANY verb c ; SEAL ,< t."* '•� REL CE NATIONAL INDEMNITY COMPANY • ( SEAL /�f Gf Av 0" r 4 9291 v1 E Ff a v J�o LAW �rP er•.rrm•.•.r Wire /1! STATE OF Pennsylvania COUNTY OF Philadelphia ) sat. On this, February 1, 1998, before me,Valencia Wartham, personally appeared David T. Akers, who acknowledged himself to be the Senior Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I hereunto set my hand and official seal. - .eels a r- 1 Notarial Seal .- OF�I � C l a Valencia Wociham.Notary Public M Philadelphia.Philadelphia County 'l,, ' Notary Public in and for the State of Pennsylvania My L'ommtsswn Expires Nov. 18.2000 Residing at Philadelphia I, Anita Zippert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. i �� IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 16•"1lay o OCTOBER 98 E.41.4.. i osemiky use.. Secretary 314.wale I` uoSEAL > I ;c-_ 9 Ste\ :�npaoea1 4A W L .(`SEALS•6�� \ . t� Et9a9 tla O r~a P4 re.'~ er 9T '�.� r-,,...c..?,!...". d i fIAWfA .acme• o THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK-HOLD AT AN ANGLE TO VIEW SUPERIOR Solid Waste Proposal Superior Superior Services 1375 7th Ave. P.O. Box 281 Newport, MN 55055 (651) 459-3029 October 16, 1998 FAX (651) 458-8455 Thomas M. Melena City Administrator City of Oak Park Heights 14168 N. 57th Street Oak Park Heights, MN 55082 Dear Thomas M. Melena: Superior Services-St. Paul is pleased to provide the City of Oak Park Heights with the attached proposal for residential refuse collection and recycling services. Superior Services acquired Gopher Disposal, Eagle Environmental and Materials Recovery, which had common ownership, in August 1998. Currently Superior services over 45,000 residential homes in the east metro area. This includes the contracts for the refuse and recycling for the city of White Bear Lake and the recycling for the city of Maplewood and District 14 in St. Paul. Superior-St. Paul, located in Newport, Minnesota, employs 75 people, has over fifty collection and recycling vehicles and twelve roll-off trucks. Fifty percent of our routes are fully automated, the balance being semi-automated. Over 70% of our customers have roller carts available for their use. We have specialized in residential refuse and recycling collection for over twenty years and feel confident in our ability to provide the City of Oak Park Heights with "Superior" service. Sincerely, imothy J. Doran Operation's Manager Superior Services, St. Paul Td PROVIDING "SUPERIOR" WASTE SERVICES AN OVERVIEW OF THE COMPANY Superior is a regional integrated solid waste services company providing solid waste collection, transfer, recycling and disposal service to customers in Wisconsin, Minnesota, Iowa, Missouri, Illinois, Ohio, Pennsylvania, Michigan, West Virginia, Florida, Georgia, Alabama, New jersey and Indiana. The Company serves over 500,000 residential, commercial and industrial customers. We employ over 2100 employees. Superior's solid waste operations consist of collection operations, transfer stations, material recovery facilities and company-owned and operated landfills. The Company's operating strategy emphasizes the integration of its solid waste collection and disposal operations and the internalization of waste collected. The Company also provides other integrated waste services. These other integrated waste services include the remediation and disposal of contaminated soils and similar materials; wastewater bio-solids management; full container consumer product recycling; and temporary storage and transportation of special and hazardous waste, including household hazardous waste. Revenues from the Company's hazardous waste management services represented less than 5% of the Company's total revenues. Superior's objective is to be one of the largest fully integrated providers of solid waste collection and disposal; in each market it serves. The Company's strategy to achieve this objective is to (I) continue to expand its markets through the acquisition of other solid waste businesses; (II) pursue internal growth opportunities in its current market; and (III) achieve continuing operating improvement in its business. Superior was formed in July 1992 to consolidate three groups of independent waste services companies, each of which had operated for over 25 years. The Company is a Wisconsin corporation with its principal executive offices located at One Honey Creek Corporate Center, 125 South 84th Street, Suite 200, Milwaukee, Wisconsin 53214 and its telephone number is (414) 479- 7800. INSTRUCTIONS TO BIDDERS CITY OF OAK PARK HEIGHTS 1999-2003 RESIDENTIAL REFUSE AND RECYCLING PROPOSAL OCTOBER, 1998 (1) Request for Proposals The City of Oak Park Heights is seeking proposals from qualified individuals or companies to provide, for a period of five years beginning January 1, 1999, all refuse and recyclable materials collected from residential property of four(4) or fewer units within the corporate boundaries of the City of Oak Park Heights. Proposals must be received by 11:00 a.m. CDT on Friday, October 16, 1998. Proposals must be sealed with the statement "Refuse and Recycling Collection Proposal" marked on the outside of the envelope and delivered to the City Administrator's office at 14168 North 57th Street, Oak Park Heights, MN 55082. All proposals will be publicly opened and tabulated on October 16. 1998. at 11:00 a.m. and will be considered by the City Council at their regular meeting on Tuesday, October 20, 1998, at 7:00 p.m. The City reserves the right to reject any and all proposals if such action is deemed to be in the public interest. The City shall have 45 days to accept or reject proposals; however, it plans to take such action on October 20. 1998. All proposals must include a bid bond as described herein and all P p ro osals must be submitted on the forms and in the format provided by the City. -Any incomplete proposals or omissions of a material nature will be grounds for rejection of the proposal. By submitting a proposal, the bidder acknowledges that she/he has thoroughly reviewed all specifications. volume and customer history, collection districts and physical conditions of the City. Failure to anticipate unforeseen difficulties will not relieve the successful bidder from fulfilling the requirements of the contract or related obligations. This Request for Proposals represents a significant change in the manner in which refuse and recycling materials have been collected in past years. This proposal upon implementation shall only provide organized collection of recycling and refuse materials under the municipal authority for single family dwellings and multiple family dwellings up to four (4) units unless the multiple units are part of a single collection and public utility system within the city. Commercial properties, multiple family units in excess of four units, and some collective or common area units will be exempt from this municipal collection system. Lists of included and excluded pro-Denies are available ar cm; Hatt 1,72s;,22ss 1 (2) Subcontracting and Automation IThe City seeks optimum ty see p efficiency in the collection, recycling, and disposal of residential waste from its community. Customer service and environmental protection are of equal priority in this endeavor. Accordingly, the City encourages innovation and best practices I .. p t s from bidders and will, therefore, accept reasonable proposals for use of automation and subcontracting insofar as these provisions enhance the quality, efficiency and environmental protection asp ects of this service and otherwise comply with the p y wspecifications. (3) Contractor-owned Containers The present provider of this service has distributed approximately 1000 containers to single- family homes and apartment buildings of four(4) units or less. These containers are thirty (30), sixty (60), and ninety (90) gallons in size with wheels. The successful bidder will be required to supply these or similar con PP , containers to these customers unl ess other arr anQ g ements, acceptable to and approved by the City, are made. (4) Deviation If a bidder is unable to meet a specific specification but believes a superior service or product may otherwise be provided, she/he u I P must make a clear notation so stating on the proposal forms or attached thereto. (6) City-owned Facilities In addition to residential properties, this contract provides for collection of refuse and I recyclable material from City-owned property used for municipal purposes. The following describes those facilities and service needs. I (A) Buildings/Facilities This currently involves collection from five building or park sites located throughout 1 the City, each of which have a 3-5 yard container emptied weekly. (B) Parks ISee above. (7) Spring and Fall Clean-up IThis contract provides for service and equipment for the collection_ and disposal of refuse from all City-owned or leased facilities, properties, and parks at no cost to the City. I (A) Frequency The City will hold two clean-up days each year,typically in mid-April/May and mid- ' 1 September/October. 1 (B) Equipment The contractor should provide five(5)roll-offs, four(4)packer trucks, and a pickup for auto batteries,with approximately six (6)personnel. (C) Tonnages 1) Spring unknown 2) Fall unknown. (8) Bid Bond (Security) Each bidder must submit with her/his proposal a certified check or Bid Bond in an amount not less than$50,000,which sum it is agreed shall be forfeited as liquidated damages to the City if the bidder fails to execute a contract for the work described in the attached specifications within ten (10) calendar days after acceptance of the proposal. 1 3 9 i CITY OF OAK PARK HEIGHTS SPECIFICATION FOR REFUSE AND RECYCLABLE COLLECTION January 1, 1999 Through December 31, 2003 I. PURPOSE OF CONTRACT The contractor shall collect and properly dispose of all refuse and recyclable materials set for collection from residential property 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. III. TERM OF CONTRACT IThe 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 I terms and conditions as the parties shall mutually agree. III. DEFINITION OF TERMS I -Additional collection service" shall include all items that are collected in excess of the I maximum volume subscribed by a dwelling unit. Prices for this service are established in Attachment B. I "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 Ithis price are defined in Attachment A. "Container"means a 90-96 gallon. 60-64 gallon. 30-35 gallon or receptacle used to contain Igarbage and refuse. City ordinance provisions may further define and regulate garbage, refuse, and yard waste containers. I "Dwelling Unit"means a separate dwelling place with a kitchen or area for the preparation of food. I "Garbage"means animal and vegetable waste resulting from the handling cooking. service and consumption of food. preparation, I I ii Recyclables are reusable or reprocessable materials approved and agreed to by the parties It 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 PP . , Contractor, to the dwelling unit to place recyclable materials in for collection. It "Refuse" is solid waste from residences si ences and City owned and operated buildings that is the result of normal operation, including garbage and rubbish and specifically excluding I 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 both 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. I "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 Ito 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. V "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. 1 "Yard waste" means garden wastes, leaves, lawn cuttings, weeds, shrub and tree waste, prunings. NOTE: This definition is subject to change to comply with Minnesota or IWashington County laws or rules. "Yard waste receptacle" means a paper biodegradable bag which is available commercially I or a permanent container which is identified as containing yard waste or compost. Receptacle is not to exceed thirty-five (35) pounds. I I I 1 II n 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 v f e (5) to eight (8) units in them have the sole discretion of whether or not to be included in this contract. I The City, however, must be notified of their decision so as to include them or exclude them from the contract. Ib) 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. e) Refuse in excess of the designated volume-base per dwelling unit will be subject to additional collection service charges as set forth in I Attachment B and will be billed separately by the contractor. P c r. ICollection service for white goods and large items must have prior I3 I arrangements with the Contractor for collection and shall billed in accordance with Attachment B. also be f) The City shall have the option to conduct a spring and fall "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 vanda Saturday in September or October as a spring and fall clean-up day 0 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. t I shall be the City's 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 I written notification to the resident of reason(s) for refusal to pick up the item. h) Reasonable exceptions as to the manner of pickup for handicapped or disabled residents shall be made by the Contractor. ?. Yard Waste Collection 111 I 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 I 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. I b) The Contractor shall collect all yard waste from residential properties having four (4) or fewer dwelling units in a single building at least II 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 ,sh to Ntic.yutz in uiz yard waste collection program shall place yard waste in I biodegraaaole paper gags or a receptacle which is identified as yard waste. Id) The Contractor shall deliver the yard waste materials to a site mutually agreed upon by the City and the Contractor. The Contractor 11 1 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 ae%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 customer's location because it was improperly prepared, it is the Contractor's responsibility to inform the residential customer how to properly prepare the yard waste material so that it will be acceptable for pickup. I3. Recycling Collection I 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. I Daily service hours shall not begin prior to 7:00 a.m. nor continue past 8:00 p.m. Ib) 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. Ic) Collection from the curbside will include, at a minimum, newspaper, glass containers. aluminum,tin and steel cans. corrugated cardboard, I 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 I additional materials to be added to identified recyclables upon 30 (ihirty) days written notice to the contractor. if collection or additional materials involves a cost increase, compensation to the I contractor may be renegotiated. d) The Contractor shall equip the City's designated drop-off site for the Icollection 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 I materials are delivered for recycling. Brokers or recyclable processors must have appropriate state and local permits or licenses. �) 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 I 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 customer's location because it was improperly prepared,it is the Contractor's 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 lil 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 ill 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. II • ?. 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, 1 Compensation and Liability Act; and similar federal and state statutes. The I Contractor must advise the City of its intended disposal site(s) not less than I6 ii 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 Ifalls on a preceding weekday. 2. Collections shall be performed in accordance with a schedule of pick-ups to I be established by the Contractor and submitted in writing to the City Administrator for prior approval. The schedule shall include the areas in I 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 1 minimum of once a week. 1 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. Ib) The Contractor shall bear all costs involved in notifying residents of approved schedule changes. Ic) The Contractor may request a change in the route schedule by requesting such change in writing to the City at least thirty (30) days I prior to the proposed date the requested change is to take effect. A route change shall be effected only upon authorization from the City. I3. 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 Idays, provided that the routes are collected reasonably in advance thereof or thereafter in the opinion of the City Administrator. and the week's schedule I7 4 P shall be completed regardless of the holiday. It shall be the Contractor's rs responsibility to notify residents of any changes in the collection schedule as ill 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. 0 a) In the event that a dwelling unit has been authorized for refuse service V 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. ib) The Contractor shall advise the City of any request q by the owner or occupant of a resident that refuse service shall be discontinued or it suspend within one (1) week from the time of such request. c) Residents may have service suspended for extended absences over V 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 i city. The City shall be kept apprised of these changes. 1 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. ID. Performance Standards 1. Equipment It a) The Contractor shall make all collections of refuse. compost, and i recyclables in water-tight metal receptacles or vehicles with closed tops so constructed that their contents will not leak, spill, or scatter ill therefrom. Should any refuse, compost, or recyclables be dumped or spilled in Collecting nr transporting it shall he immediately `le-led 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 a.s free from all offensive odors as 4 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. 1 8 41 1 b) All vehicles shall be painted and marked uniformly and shall have the hauler's 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 vehicle, 1 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 an: withdrawal of a part of such equipment or of any change therein within ont (1) week of the time of making such a change. e) Safety Equipment. Each collection vehicle shall have a flashing light warning system, fir( 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 hauler's collection crew so lon: as these are sufficient personnel to fulfill the requirements of th specifications and contract herein. b) Contractor's employees shall handle all containers with reasonable care t avoid damage,replace the containers in an upright position on the boulevar adjoining the curb, and dispose of any contents which may be spilled in workmanlike manner. Contractor's employees will also report to th Contractor any violations of regulations as they observe in the performanc of their work. Employees shall not be under the influence of alcohol c ' drugs. shall be of a presentable appearance. perform work in a neat and quit manner,and at all times be courteous to the public in the performance of the. duties. 3. Supervision a) A full-time superintendent of collections shall be employed by th Contractor, and shall be the representative of the Contractor under thi 1 9 1a 0 Contract. The Superintendent shall be on the job within the City during normal hours of collection operations and shall maintain proper schedules for NI 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 0 complaints. b) All services to be performed for the City by the Contractor pursuant to the 0 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 Contractor's Oak Park Heights' 0 records and equipment at reasonable times. 0 4. Complaints a) The Contractor shall establish and maintain, in a location approved by the 0 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 0 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. 0 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 0 Contractor and reported monthly to the City. All complaints shall be answered by the Contractor courteously and promptly. Verified failure to make a pick-up or follow-up on a complaint shall be cause to deduct twenty- 0 five dollars ($25.00) as liquidated damages from the monthly payment by the City. 0 5. Legal Compliance a) The Contractor shall comply with Ordinances of the City and the laws and 0 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 Iterm of the Contract. I 1! 10 I I b) The Contractor shall report all violations of ordinances pertaining to refuse I collection and disposal for enforcement purposes including all unsanitary an filthy conditions to the City Code Enforcement Office. I 6. Safety The Contractor shall provide and maintain all sanitary and safety accommodation. for the use and protection of its employees as may be necessary to provide for thei I .- 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 safer and sanitation facility regulations are set forth in Minnesota Statutes 182 and in th IDepartment of Labor and Industry's Labor Safety Code (LISC 73-75). 7. Records and Reports IThe Contractor shall keep and maintain complete and accurate records in accordanc with generally accepted accounting practices. The Contractor shall provide the Cir I with a report of the volume or weight of the refuse, recyclables, and yard wart collected in the City and redemption value. Such reports shall be submitted by th . 10th day of each month, reporting for the previous month. 1 8. Multiple and other family residential units not included within this proposal fc municipal collection shall have the right to directly purchase the same services at th Isame rates from the contractor as are provided to the city. The contractor shall offe such services to the multiple family units during the term of this contract. All suc' services as provided shall be by separate contact between the contractor and th Iowner/property manager of the multiple unit complex. Valley Senior Service Alliance currently proposes to build several hundred units of senior and assiste: living housing in the City of Oak Park Heights. VSSA and its project are to b Ioffered the opportunity to directly purchase services at the same municipal rate fron the contractor by private contract as their units become available for occupancy. Other residential developments in the community, to include twinhomes. townhome.t condominiums, and apartment complexes, will have the right to directly purchas, services from this contract. Special arrangements and negotiations will have to tak Iplace to arrange such. V. PAYMENT METHOD IA. Fach month the City will compensate t e Contractor on r bef tlic 1 0th ± ....,t_ L " - Y-��-- �- -.�- �.�» •va on v♦ v ♦V1A. lllV aVUI V1 ,.�iV.a1111V 1111. according to the rates set forth in Attachment A, for collection of refuse and recyclables upo: Ithe basis of the number of aweiiing units serviceable each week, by a volume-based methoc The actual number of dwellings serviced shall be determined from the invoices issued by th City to customers for refuse service for the preceding service month. I I11 1 II 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. ill 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. II ' 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. Ill D. The City or the Contractor may initiate o adjustments as follows: V1. On April 1st of each year, either party may request adjustments to the collection and recycling fee of the Contract's base dwelling unit rates on the basis of 75% of the percent increase or decrease in the Private Transportation Consumer Price Index II (CPI) Minneapolis-St. Paul, for the twelve (12) month period ending the P revious calendar year._ Such changes shall be effective July 1st of the year requested. 4 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 I 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 Iabatement of solid waste generated or the exclusion of recyclable or compostable materials from the solid waste stream upon mutual agreement of both parties. Either parry may initiate an adjustment in the disposal fee upon a fifteen(15)day notice due II 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. i41 1. The City shall bill and collect monies due from residents for a portion of the base illdwelling 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 rata approved• ill,414. C;rs• r,,—,ii -1-1,. additional collection service price will be established in Attachment B of this Contract. Said rates may II only be increased if approved by the City. 1 1. The Contractor shall be responsible for the billing of additional collection services ,41 to the dwelling unit. i 12 I 1 ' 2. The Contractor may request the City to charge all accounts delinquent for ninety(90) days on the customer's utility bill pursuant to a process approved by the City. Said collection shall be limited to rates approved by the City and shall be subject to a City ' approved appeal process. 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 1 act or omission, including negligence, of the Contractor or of the Contractor's employees or agents in connection with the performance of this Contract. including claims arising out of the use of or operation of any vehicles used by the Contractor or the Contractor's employees ' or agents in performing this Contract. Such policies shall be in form and content satisfactory to the City Attorney, and shall be filed with he City Clerk. A certificate showing that the Contractor has in effect the aforesaid insurance covering both the Contractor and the City ' shall be filed with the City Clerk within ten(10) days from the execution of the Contract,and yearly thereafter, at least thirty (30) days prior to the date of the expiration of said policies of insurance for each year of the Contract. All of the foregoing policies shall be issued by ' an insurance company or companies licensed to do business in the State of Minnesota and authorized to assume the risks covered thereby. Memorandum policies and receipts for the payment of premiums shall be filed with the City showing payment of premiums for at 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 I ' 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 I pay for the difference between the rates provided by the Contract and the actual cost of such substitute service subject to Section IX. 1 13 1 C. Indemnification 111 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 Contractor's employees or agents in connection with the Contractor's 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 reasnnahly determined by the City MP oCC 11^' ]., i a»deL u»ao to fulfill t , vlJ as�uL:vaaJ undertaken in this Agreement by Contractor; and, 2. The transfer does not create an anti-trust hauling an i trust situation in the local refuse hauling industry that is contrary to the public interest of the residents of Oak Park Heights; and, 14 11.1 3. Any proposed transferee, by instrument in writing satisfactory to the City for itsel and their successors and assigns, and expressly for the benefit of the City, hav. expressly assumed all of the obligations of service under this Agreement and agree' to be subject to all the conditions and restrictions to which service is subject. It is th intent of this Section VIII.A.3,together with other provisions of this Agreement,tha (to the fullest extent permitted by law and equity and excepting only in the manne and to the extent specifically provided otherwise in this Agreement) no transfer o or change with respect to, ownership or any part thereof, or any interest therein ' however,consummated or occurring,whether voluntary or involuntary,shall opera, legally or practically, to deprive or limit the City of or with respect to any rights c remedies or controls provided in or resulting from this Agreement; and, ' 4. There shall be submitted to the City review ty for to all instruments and other leg: documents involved in affecting such transfer, and if approved by the City, i approval shall be indicated to the Contractor in writing. The proposed transfere shall submit to the City for review all bonds,insurance policies,and any and all otht documents required by this Agreement, and if approved by the City, its approv 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, tool machinery, or materials or insurance premiums or equipment or supplies and all just clam ' for such work,material, equipment, insurance and supplies in and above the performance this Contract. IX. TERMINATION ' A. It is understood the essence of this Contract is high quality service to residents of the Ci of Oak Park Heights. As such,if the City determines that the Contractor is in breach of ar provision of this Contract, a written notice will be sent to the Contractor allowing him thir (30) days to comply. Failure by the Contractor to comply with the Contract by the end the thirty (30) day period the City will terminate the Contract and shall be released of obligations. Moreover,the City shall retain all performance pledges obligated to that tim B. Upon any failure of the Contractor to fulfill any of the provisions of the Contract, the Ci P P Administrator shall be authorized to hire services and equipment, or assign City employe and equipment. as may be necessary to do such work and the cost of such expenses there may be charged and deducted from any monies due the Contractor, collected from t Contractor, or collected by recourse to the Contractor's bond or financial guarani ' instrument submitted subject to this section. X. ENTIRE AGREEMENT This Contract with Attachments A & B, incorporated herein by reference, is the entire agreeme between the parties. No modification of this Contract shall be valid or effective, unless made ' writing and signed by the parties hereto. 15 , IN WITNESS WHEREOF,The City of Oak Park Heights and executed this agreement the day and year written below. have CITY OF OAK PARK HEIGHTS CONTRACTOR By By Mayor Its David D. Schaaf By Date City Administrator Thomas M. Melena - Date 4 I CERTIFICATES OF ACKNOWLEDGMENT STATE OF MINNESOTA COUNTY OF WASHINGTON ) On this day of , 1999 before me personally appeared to me known, who, being duly sworn, did sa y she/he is the of , and acknowledged that she/he executed the same as his free act and deed. Notary Public 1 MINNESOTA ) STATE OF 1 ) COUNTY OF WASHINGTON ) , 1999 before me personally appeared to me known,who,being duly sworn, did say she/he is the of ,and acknowledged that she/he executed the same as his free act and deed. • Notary Public • 1 1 17 I I 111 PROPOSAL FORM City of Oak Park Heights I 1999-2003 Residential Refuse and Recycling Contract To: City of Oak Park Heights I/we the undersigned, having review the specifications and instructions to bidders and information made available from the City, do hereby submit this proposal to provide all labor, disposal arrangements, and other resources necessary to meet the specifications and requirements. Attachments A and B hereto shall constitute this proposal and, if selected, incorporated into the succeeding contract. I Date: I O I 1 b I R g Official Name and Address: Superior vices- fit . Paul 13-15 —1-f-k fve_nui -P.O. Box 28I No port , t13 5565 5 (650 (-159 - 3029 Phoht_ (5i) 58- e455-- mac. By IIM bOmn Title 4SS Stadvt Gex exc tAar\ cr OPera-t,ons J�la�a. ek- J l 1 I ATTACHMENT A,page 1 or 2 I ATTACHMENT A I (See instructions on page 2 of Attachment A) IRATES FOR COLLECTION AND DISPOSAL OF REFUSE, RECYCLING, AND YARD WASTE 1 I30 Gallon 60 Gallon 90 Gallon Disposal Fee' 2 .0 5 $ 3 .21 ,1.90 art Collection Fee' tr,c 1 u d,ecK 4. b5- Li.6C 14 .65 Recycling Fee' 2. 20 2 .20 2. 20 Per b 0 Yard Waste Fee-10r Iouhd tc. I. 25 I. 2 5 /. 25 TOTAL Q Q Base Dwelling Unit Price U . /0 -/d /2 /1. 75 No#G: Pr ctr does ho* inGtud.e, ci -1s % svv, ' -tc.'L . 'Disposal fee based on tipping fee, including all taxes, surcharges and tariffs, of S 35 per ton as of October 1, 1998. 'Base collection fee includes cost of regular weekly collection, (including collection and I transportation of refuse to a refused derived fuel facility), one,Christmas tree per household, monthly publication of a two-column by six inch promotion or educational illustration in local newspaper, collection at City facilities without charge, labor and equipment for not less than five Ipackers or equivalent for City clean-up day in spring and fall at no charge to the City. Other collection options include: (a) collection of all items, including "white goods" in Iweekly pick-up; (b) collection of only volume-based waste, yard waste, and recyclables consistent with container size purchased by resident with additional costs for any extra items, and; free collection of certain items (must be identified) with weekly pick-up and I 'additional charge for itemized "white goods. " 'Included in the recycling fee: cost of regular weekly curbside collection of recyclables as defined Iin the contract, (including collection and transportation of recyclables to the market for sale), collection of phone books once per year, a drop-off center, and payment of 50 percent of Iredemption value of all recyclables. 4 Bundled, no longer than five (5)feet or heavier than forty (40)pounds. I 1 A I +er r o4 e ATTACHMENT A,page 1 or 2 ATTACHMENT A I (See instructions on page 2 of Attachment A) IRATES FOR COLLECTION AND DISPOSAL OF REFUSE, RECYCLING, AND YARD WASTE ill ii30 Gallon 60 Gallon 90 Gallon Disposal Fee' * 2 05 * 327 Li-.Q0 Collection Feet • Cart • ►r,Glud ed. 4 .b5 Y .b5 . b5 Recycling Fee3 2 . 20 2 .20 2.20 I f Mosel otd Yard Waste Fee;per ,.,o,,�►. / _ 0 0 1. 00 / .00 TOTAL Base Dwelling Unit Price c I ' (2- 2 .75 11 Note '. Pr a ps does no-- or\dvd.e, q 15 Gfo swan -t-o . 'Disposal fee based on tipping fee, including all taxes, surcharges and tariffs, of S 38 per ton as of October 1, 1998. 2Base collection fee includes cost of regular weekly collection, (including collection and I transportation of refuse to a refused derived fuel facility), one,Christmas tree per household, monthly publication of a two-column by six inch promotion or educational illustration in local newspaper, collection at City facilities without charge, labor and equipment for not less than five Ipackers or equivalent for City clean-up day in spring and fall at no charge to the City. Other collection options include: (a) collection of all items, including "white goods" in IIweekly pick-up; (b) collection of only volume-based waste, yard waste, and recyclables consistent with container size purchased by resident with additional costs for any extra items, and; ,�free collection of certain items (must be identified) with weekly pick-up and additional charge for itemized "white goods. " II ;Included in the recycling fee: cost of regular weekly curbside collection of recyclables as defined in the contract, (including collection and transportation of recyclables to the market for sale), collection of phone books once per year, a drop-off center, and payment of 50 percent of 4 redemption value of all recyclables. "Bundled, no longer than five (5)feet or heavier than forty (40)pounds. 1 11 1 . I PROPOSAL FORM City of Oak Park Heights 1999-2003 Residential Refuse and Recycling Contract 1 To: City of Oak Park Heights II/we the undersigned, having review the specifications and instructions to bidders and information made available from the City, do hereby submit this proposal to provide all labor, disposal arrangements, and other resources necessary to meet the specifications and requirements. Attachments A and B hereto shall constitute this proposal and, if selected, incorporated into the succeeding contract. Date: ( O I I ko 19 5 Official Name and Address: Superiorwkces- PcC 1315 --i-I-k ftv en�t P.O. box 28( Nth3port , MK) 5565 (bsI1sc3ozc Phones x(56 4 5s- e - Fax By (t rn IbOrrAln ' Title PtSS t5t0Lni Ge lef0J tAaM9 Cr 1 QP�,ra t,Ohs McLYl o�.c. (1)r- 1 I i ATTACHMENT A,page 2 of 2 INSTRUCTIONS FOR ATTACHMENT A Disposal Fee • The disposal fee portion of the Base Dwelling Unit Price must be bid within the i�i following ranges:* rate disposal fee: $2.04-$2.25 30-gallon rate disposal fee: $2.57-52.84 60-gallon rate disposal fee: $4.09-$4.52 90-gallon rate disposal fee: $6.13-$6.77 • These ranges represent a 10% deviation from the average disposal cost per household which was established using the following assumptions: Assumption#1: Tipping Fee=$50.00/ton Assumption#2: 30-gallon service: average 25 lbs/wk[(.054 tons/mo.) X$50=$2.70/mc Ii Assumption#3: 60-gallon service: average 40 lbs/wk [(.086 tons/mo.) X$50=$4.30/m, Assumption#4: 90-gallon service: average 60 lbs/wk [(.129 tons/mo.)X$50=$6.45/m, NOTE: The disposal rates are established in this manner to reflect an average per household cost for disposal on a per month basis. The City recognizes that each household will vary, having a variable affe on the Contractor's actual disposal costs. Any increase or decrease in the tipping fee will proportionatel affect the disposal fee portion of the base dwelling unit price as provided for in Section V.F.2. of the contract. • *These numbers are provided for purpose of illustration. I, ATTACHMENT B,pa e 1 o � ATTACHMENT B ADDITIONAL COLLECTION SERVICE CHARGES TO BE BILLED BY THE CONTRACTOR DIRECTLY TO THE HOMEOWNER 1 1 EXTRA REFUSE 1 . 50 /30 gallons I -00 /15 gallons AIR CONDITIONERS 23.00 ISTOVES ZO .00 WATER CONDITIONERS 4 1 C. 00 FURNACES * 20 . 00 WATER HEATERS # 7.6 .00 WASHERS/DRYERS $ 20 .00 REFRIGERATORS/FREEZERS d ZS.CO MISC. HEAVY APPLIANCES t Z5- .00 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. 1 i 1 1 21 1 4 . r "' ,t AIU Insurance Company Worldwide IliAmencan Home Assurance Company r�� eottdiep Granite State Insurance Company The Insurance Company of the State of Pennsylvania 4 American International Companies National Union Fire Insurance Company of Pittsburgh.Pa. Principal Bond Division New Hampshire Insurance Company • 70 Pine Street, New York. N.Y. 10270 ll . BID BOND (AIA 310) • , I KNOW ALL MEN BY THESE PRESENTS: IThat Superior Services of Minnesota, Inc. — St Paul as Principal. and American Home Assurance Company as Surety, are held and firmly bound 1 unto City of Oak Park Heights . as Obligee, in the sum of Fifty Thousand and 00/100 4 Dollars (s 50,000.00 ), for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors. administrators, successors and assigns. jointly and severally, firmly by these presents. WHEREAS. the Principal has submitted a bid for Residential Refuse Collection and Residential IIIRecycling Collection Services NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with 1 in good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in ill the prosecution thereof. or in the event of the failure.of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this 11 obligation shall he null and void, otherwise to remain in full force and effect. la il Signed, sealed and dated October 16th, 1998 Superior Services of Minnesota, Inc. — St 'Paul , c� Pr�ncipail (Sea))i Enessi ' -� i III By _ . Sc. . Cr,' W - _ retary (Title) American Home Assurance Company ill (Surety) —411441 Bond No. N/A i By 4_ 1: , . 11 illI Attorney-In-Fact 23373 13 84) American Home Assurance Company POWER OF ATTORNEY National,U;ion Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office 175 Water Street.New York,NY 10038 No. 3 I-B-01336 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union lire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation, does each hereby appoint ---Donald R. Gibson,Sandra Parker, Lisa A. Ward,Greg Michels, Kimberly Strahm, William Martin, Melissa Haddick: iof Houston,Texas--- its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the company thereby. 4 IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these esents • �'� `� + yOMpR� this 31"day of April. 1993. ( & )G 1 F J Z7_2 -----%___..› /v' Lawrence W. Carlstrom, Senior Vice President National Union Fire Insurance Company of Pittsburgh, Pa. Vice President American Home Assurance Company STATE OF NEW' YORK } COUNTY OF NEW YORK}ss. . ,on this _Ith day of April. 1998. before me came the above-named ^ officer of American Home Assurance Company and National Union p c' �l " � 42/4fr 4 i-;re Iurrnce Company of Pittsburgh, Pa., to me personally kno«n to he the individual and officer described herein, and acknowledged that 1C9 �1+ aW he cx.cuted the foregoing instrument and affixed the seals of said ubt,PrA,ZsL.4'cf,'..i:.a ,,,r',-ction,thereto by authority of his office. i�...,.OL-i= 3j4:721 CERTIFICATE 4 l `, of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of I',tt.hur_t. 1'a. on \lay 18. 1976: • • "RESOLVED.: that the Chairman of the Board, the President, or any Vice President he, and hereby is, authorised to appoint Attorneys-in-Fact to :;;t dnd act for and on behalf of the Company to execute bonds, undertakings, recognirances and other contracts Of indemnity and writings _:•,,r•, in the nature thereof,and to attach thereto the corporate seal of the Company, in the transaction of its surety business: `RFSOI`\ ED, that the signatures and attestations of such officers and the seal of the Company may he affixed to any such Posner of Attorney or to any relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall he valid ' k,.. upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing _ator. in the nature thereof: IIIRE Mt)l.\ ED. that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still he in effect may insert in such ,, !:, ..:t„,„..,, ,n the date thereof• said date to be not later than the date of delivery thereof by such Attorney-in-Fact." I 1 :,,•.rheth \l I tick. Secretary of The Insurance Company of the State of Pennsylvania, do hereby certify that the foregoing excerpts of Resolution ..,: r;r,t !-,y the Board of Directors of this corporation• and the Power of Attorney issued pursuant thereto, are true and correct, and that both the i:;.o I .'.:,qrr .e d he Posner of Attorney are in full force and effect. IS \\IFSE.SS w II EREOF. I have hereunto set my hand and affixed the facsimile seal of the corporation Ill .7-t..7.\-L.t:'''-� o+ '., this 16th day of October , 19 98. rs' n • a 4 Elizabeth tit. Tuck, Secretary I I Superior Services, Inc. A Summary of the Casualty Insurance Protections for the Corporation, its Subsidiaries, and Customers I A company's philosophy relating to managing those unforeseen risks potentially possible in an operation such as this can be quite indicative of the caliber and capabilities of that firm. That is certainly the case with Superior. Superior has been diligent in understanding the risks involved and properly addressing them in the form of risk management and insurance by educating and training their internal staffs,by choosing a major and experienced broker in the environmental insurance arena, and by selecting insurers who are both financially sound and offer comprehensive protection programs. The current program in place has been designed in conjunction with Superior by Marsh&McLennan,Inc.,the world's largest insurance broker and a leader in environmental insurance,and is effected with the American International Group, the largest insurer in the United States and the largest underwriter of environmental risks. The program was specifically structured for Superior and incorporates the most recent coverages available. A brief summary of the program follows: Pollution Legal Liability Pollution Legal Liability(PLL)insurance is an essential asset management tool for businesses that have environmental exposures. Whether hazardous or not,practically any substance can cause pollution,given the right circumstances. This coverage provides I protections for these types of losses whether sudden or gradual. A limit of liability of $10,000,000 per occurrence and in the aggregate is provided and includes coverage for such exposures as claims of third party, offsite bodily injury and property damage including legal defense costs and the cost of cleaning up the offsite contamination. Coverage also extends to the on-site third party bodily injury and property damage. The PLL policy satisfies the financial responsibility requirement under the Resource Conservation and Recovery Act (RCRA). Commercial General Liability The CGL policy provides coverage for bodily injury,property damage and personal injury arising from Superior's facilities,premises, operations, and products. This is a protection for claims made against Superior by third parties resulting from Superior's negligence. The policy provides a primary limit of liability of$1,000,000 per occurrence and in the aggregate which is further supplemented by excess environmental umbrella coverage, up to $10,000,000. Commercial Automobile Liability Providing limits of$1,000,000 combined single limit, and up to $10,000,000 including the environmental policy, this policy protects Superior for claims from third parties for bodily I I Iinjury and property damage arising out of the use of any owned, non-owned, or hired I automobile. Where hazardous waste requirements are present, the policy has been endorsed to address those for such areas as the MCS90 Endorsement mandated by the Motor Carrier Act of 1980 and pollution liability resulting from the use of an automobile. Workers Compensation/Employers Liability IIThe WC/EL policy provides coverage to conform to the statutory requirements of the various states of operations for workplace injuries to employees of Superior Services, Inc. Environmental Umbrella Liability This$10,000,000 policy substantially extends the limits of the primary CGL,Automobile Liability, and Employers Liability. Coverage is designed for environmental risks and specific limits of insurance coverage will be addressed on an as needed basis. II iContractors Operations &Professional Services(COPS) I The COPS program meets the needs of the contracting arm of Superior which performs hands-on operations and professional services. It insures the contractor against pollution claims that may arise from working at others'sites or claims that may arise out of acts, I errors or omissions in rendering professional services for limits of coverage of$5,000,000 each claim/total all claims. 4 As is readily apparent, Superior has dedicated significant resources to the proper I implementation and administration of an excellent insurance program. Where applicable and within the parameters of the insurance contracts, coverage can be extended to Superior's customers as may be required by various contracts. ISuperior Services, Inc. has established a record of providing exemplary insurance coverage and risk management practices which offer the prospect of stable and long- term relationships with their clients and customers. I I I Rec .t po.5 .s s is' II . \\/ WASTE DELIVERY AGREEMENT: IALL WASTE This Waste Delivery Agreement (Agreement) , made this __X day of /7/9Y , 1998, by and between the County of Washington, a political subdivision under the laws of Minnesota ("County" ) , and II GDP1* i /)/S�Sft( i,'/C, [hauler name] , a J7,'Ai1e5i)1A (state] corporation with principal offices located at 1375- '1 Ave Neui 2r 17/1/, 675-a55 [address] ("Customer" ) . if a. 91x 6J ,_NewPaer, V. 5 Coss- WHEREAS,WHEREAS, Ramsey and Washington Counties have entered into Design and Construction and Service Agreements with NRG for the provision of resource recovery services at the Ramsey/Washington II County Resource Recovery Facility ( "Facility" ) in Newport, Minnesota, for the purposes of landfill abatement, and separation and recovery of materials and energy from waste, in order to meet State environmental II goals; and WHEREAS, Customer is engaged in the recycling and refuse hauling business; and 11 WHEREAS, Customer desires to dispose or arrange for the disposal of Acceptable Waste at the Facility; and IIWHEREAS, the County has authority pursuant to Minn. Stat . Sec . 473 . 813 to enter into an Agreement with Customer for the delivery of solid waste to the Facility; NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the receipt and sufficiency of which 11 is hereby mutually acknowledged, the parties agree as follows : 1 . DEFINITIONS 11 The following definitions apply to this Agreement : A. Acceptable Waste : Means waste which is acceptable at the Facility. Acceptable Waste shall include garbage, refuse, and other municipal solid waste from residential, commercial, industrial, and community activities which is generated and II collected in aggregate, and which is not otherwise defined herein as Unacceptable Waste . No amount of Hazardous Waste or infectious waste that is regulated by law is acceptable at the Facility. 11 Acceptable Waste shall also include Acceptable Household Quantities and Acceptable Non-Household Waste, as defined herein. 41 Acceptable Waste does not include Recyclable Materials . B . Acceptable Household Quantities : Waste which is otherwise Unacceptable Waste, but which is contained in garbage, refuse, and municipal solid waste generated from normal household activities . 41 All Waste Agreement : -1- t For the purposes of this definition, "household includes any permanent or temporary residential dwelling unit • other Waste that P Hazardous Waste or any that no amount o f Ha however, th Waste . 10 IAcceptable II is regulated or restricted by law is A p C. Acceptable Non-Household Waste : Waste ichis otherwise Unacceptable and r table Waste, but which is contain ed garbage, municipal solid waste generated from commercial, industrial, or I community activities, where the quantity of Unacceptable Waste contained in any load delivered to the Facility constitutes an insignificant portion other waste1that iswregulatedtoro amount of Hazardous restricted by law is Acceptable Waste . D. Counties : Includes only Ramsey and Washington Counties . s only Washington County. I • E. County: Mean y F. Customer: 640N&' R51)401 INC . G. Facility: The Ramsey/Washington County Resource Recovery Facility, located on Maxwell Avenue in Newport, Minnesota. H. Force Ma�eure : I Means any act, event or condition relied upon j by a party as justification for anyaconditionxrequired ofperforming I an obligation or complying with party under this Agreement, which act, event or cofditionsis beyond the reasonable control of thW1party, its affil (i) an act agents relying thereon, including, of God, epidemic, landslide, lightning, earthquake, fire or explosion, storm, flood or similar occurrence, an act of public enemy, war, blockage, insurrection, riot, general arrest or restraint of government and people, civil disturbance or disobedience, sabotage or similar occurrence; (ii) the order or judgement or other act of any federal or state court, administrative agency or governmental office or body; (iii) the I termination or failure of denial, loss, suspension, expiration, royal renewal of any permit, license or other governmental app permits required to operate (including, without limitation, those p required to operate the Facility) ; (iv) the adoption or change (including a change in interpretation)regulation ordordinancetafter county or local law, rule, permit, the date hereof applicable to the Facility, or the County, materially adversely affecting their obligations hereunder; or (v) • the County or Facility is for any reason delayed or barred by rt of governmental or judicial action from collecting all or any p the fees and charges owed pursuant flow this controlAgreement . legislation no event will the federal enactment be an excuse from performing on this Agreement . I . Hazardous Waste : lawsherulesheandsregulationsWaase state, any of the federal, and county foregoing may be amended from time to time. All Waste Agreement : -2- ii I I J. Holidays : New Year' s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. K. NRG: Wholly-owned subsidiary of Northern States Power Co. , owner and operator of the Facility, and provider of resource recovery services pursuant to Design and Construction and Service ' Agreements entered into with the Counties . L. Recyclable Materials : Means materials that are separated from I mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, automobile oil, and batteries . Refuse-derived fuel or other material that is ' destroyed by incineration is not a recyclable material . M. Unacceptable Waste : Waste which is not acceptable at the Facility. Unacceptable Waste shall include waste which would likely pose a threat to health or safety or which may cause damage to or materially adversely affect the operation of the Facility, including but not limited to: explosives; hospital, pathological I and biological waste; commercial, industrial, and community Hazardous Waste, as regulated by federal, state and local law; chemicals and radioactive materials; oil sludges; asbestos in 11 identifiable quantities; cesspool, domestic sewage or other sewage sludge; human or animal remains; street sweepings; ash; mining waste; sludges; demolition debris; construction debris; waste in II liquid state; hazardous refuse of any kind, such as cleaning fluids, used crank case oils, cutting oils, paints, acids, caustics, poisons, and drugs; and any other materials that may be agreed to from time to time by the parties . If any governmental agency or unit having appropriate jurisdiction shall determine that certain chemicals or other substances which are not currently considered harmful or of a toxic nature or dangerous, are harmful, I I toxic or dangerous, the County and Customer shall agree that such chemicals or other substances shall be Unacceptable Waste. 2 . CUSTOMER' S RESPONSIBILITIES A. Delivery of Acceptable Waste . Customer agrees to deliver all t Acceptable Waste it collects in the County to the Facility. I Customer further agrees that it will not deliver Acceptable Waste generated in the County and collected by the Customer to any landfill, transfer station, or other solid waste facility except I in instances where it first obtains prior written consent from the County to do so. Customer agrees to use its best efforts to avoid delivering any Unacceptable Waste to the Facility and shall not 1 knowingly mix any Unacceptable Waste with Acceptable Waste. IAcceptable Waste Separated from Recyclable Materials . If the Customer manages Acceptable Waste as described in Minn. Stat . I Section 297 .45, subdivision 3 , the Customer shall deliver the Acceptable Waste separated from recyclable materials to the Facility. I 1( All Waste Agreement : -3- I I i . Waste Origin. The parties agree that the purpose of this I Agreement is to assure the delivery of all Acceptable Waste generated in Ramsey and Washington Counties and collected by the Customer to the Facility. The parties acknowledge that there will f be times when waste generated in other counties is collected along with waste from the Counties for operational and routing ' efficiency. The parties agree that the incidental delivery of small amounts of waste from other counties is allowed under this Agreement, so long as the Customer agrees that, before any such incidental delivery of waste can occur, it will provide the I County with, and update as necessary, a list of generators from where Acceptable Waste will be delivered from other counties, and ' the County agrees in writing that the list of generators, as updated by the Customer, is incidental delivery of small amounts of waste. The list of generators will be deemed non-public trade secret information under the Minnesota Data Practices Act . I ii . Volume Limit . There will be no put-or-pay requirement in this Agreement . To protect the interests of taxpayers in Ramsey and I Washington Counties, the Counties need assurance that waste generated only in the Counties is delivered to the Facility. In order to provide this assurance, the Customer agrees that its I deliveries of combined Ramsey and Washington Counties' Acceptable Waste to the Facility on a quarterly basis will not exceed 10% more than it delivered to the Facility in the same quarter in the previous year, except as provided herein. Should the Customer I deliver more than 10% above its deliveries for the same quarter in the previous year, the Customer shall explain in writing to the County' s representative the reason for the increase in deliveries I of Acceptable Waste . The County retains the right, in its sole discretion, to charge Customer the then prevailing public tipping fee for any Acceptable Waste in excess of 110% of its previous I year' s deliveries to the Facility. The public tipping fee shall be $50 per ton for waste generated within the County, and $66 . 79 for all other waste, or the prevailing public tipping fee, should these rates be amended by action of the Washington County Board of ICommissioners at any time during the term of this contract . B. Rejection of Deliveries . Customer may be denied entrance to p- I the Facility by NRG if waste is delivered at any time other than the Facility' s standard receiving hours (Mon. -Fri . , 6 a.m. to 8 p.m. ; Sat . , 6 a.m. to 4 p.m. , excluding Holidays) , or if Customer I has not paid the Tipping Fee, or if NRG has a reasonable basis to believe that a vehicle contains Hazardous Waste or a significant amount of Unacceptable Waste. I C. Tipping Fee . Customer shall pay to the Facility, guaranteed for the term of this Agreement and any renewals thereof, a Tipping Fee of $38 per ton of Acceptable Waste delivered by Customer to Ithe Facility, subject to Section 2 .A. i . and 2 .A.ii . D. Use of Facility. The Customer agrees that it will comply with I such reasonable rules and regulations regarding the use of the Facility as NRG may periodically adopt . All Waste Agreement : -4- . 1 i • E. License. The Customer agrees to maintain and comply with the P requirements of the county base and/or operating licenses . I3 . COUNTY RESPONSIBILITIES ' A. Minimum Price . During the term of this Agreement, the Customer shall be charged a tipping fee that will be less than or equal to that charged all other customers of the Facility, regardless of volume, except as set forth in 2 .A. ii . ' B. Previous Year' s Deliveries . The County shall provide to the Customer, by March 31 of the contract year, a written list of its previous year' s deliveries to the Facility, for purposes of determining the volume limit, under 2 .A. ii . ' 4 . TERM. The Agreement shall be in effect from January 1, 1999, through December 31, 1999 . 5 . RENEWALS . This Agreement may be renewed for up to three (3) I additional one-year terms . Upon expiration of the initial term or either of the first two renewal terms, this Agreement shall automatically renew for an additional period of one (1) year •' unless one of the parties provides written notice to the other party of its intention not to renew, at least ninety (90) days prior to the expiration of the then current term. ' 6 . LIMITATION OF REMEDIES . In the event of a default under or breach of any provision of this Agreement, the parties shall be limited to the remedies of termination or specific performance. No party ' shall be entitled to maintain any cause of action under this Agreement that results in money damages, including, but not limited to, actual damages, consequential damages and attorney' s fees . This provision shall not limit the rights of the County to recover the costs incurred by the County of disposing of any Unacceptable Waste that the Customer delivered to the Facility. ? . FORCE MAJEURE. In the event any party is rendered unable, wholly or in part, by an event of Force Majeure to carry out any of its obligations under this Agreement, then the obligations of such ' party, to the extent affected by such an event of Force of Majeure and to the extent that reasonable business efforts are being used to resume performance at the earliest practicable time, shall be suspended during the continuance of any inability so caused by the event of Force of Majeure but for no longer period. Any time that a party intends to rely upon an event of Force Majeure to excuse ' or suspend its obligations hereunder as provided in this section, such party shall notify the other party as soon as is reasonably practicable, describing in reasonably detail the circumstances of the event of Force Majeure . Notice shall again be given when the ' effect of the event of Force Majeure has ceased. All Waste Agreement : -5- I I . I8 . TERMINATION. 111 A. Any party may terminate this Agreement in the event of a ! material default by the other party. Except as specifically set forth to the contrary herein, such termination shall be effective I thirty (30) days after written notice has been given to the defaulting party, specifying the nature of the default, unless the default has been cured before the end of the thirty (30) day Iperiod. B . If the county base or operating license for the Customer is suspended or revoked, this Agreement will be terminated Iimmediately. C. Notwithstanding any other termination provision contained I herein, this Agreement may be terminated by the County by written notice specifying the termination date in the event the Service Agreement between the Counties and NRG is terminated. • ID. This Agreement may be terminated by mutual written agreement of the Customer and the County. 1 9 . INDEMNIFICATION. A. Indemnification of County. The Customer agrees to defend, I indemnify, and hold harmless the County, its elected officials, officers, agents, and employees (including duly authorized volunteers) from any liability, claims, causes of action, I judgments, damages, losses, costs, or expenses, including reasonable attorney' s fees, resulting directly or indirectly from any act, or omission, of the Customer, its officers, agents, employees (including duly authorized volunteers) , or contractors, or anyone whose act, or omission, any of them may be liable for in the performance of the services required by this Agreement, and against all loss by reason of the failure of said Customer to I perform fully, in any respect, all obligations under this Agreement . II B. Indemnification of Customer. The County agrees to defend, indemnify, and hold harmless the Customer against liability for removal or remedial actions under the Comprehensive Environmental _ Response, Compensation and Liability Act (CERCLA) and the I Minnesota Environmental Response and Liability Act (MERLA) for a release or threatened release of hazardous substance from Acceptable Waste delivered by the Customer pursuant to this Agreement to the Facility and not rejected by the Facility. It is Iunderstood and agreed that the County' s duty to indemnify the Customer shall be null and void if : I 1 . The Customer, without the express written consent of the County, assumes any obligation, makes any payment, incurs any expense, or compromises in any way a claim covered by this Iindemnification; IAll Waste Agreement : -6- • 2 . The Customer fails to give timely notice of claim and provide copies of documents as required; 3 . The Customer fails to cooperate with the County in the investigation, settlement, or defense of the claim or suit; or 11 The County shall provide legal representation through the Washington County Attorney' s Office or a legal counsel of its choice for a defense of claims asserted against the County, the Customer and/or other waste haulers if those claims are indemnified by the County under this section. In its sole discretion, the County may choose to provide legal representation 11 through common counsel or separate counsel to represent the Customer for said claims . The Customer shall be solely responsible for defending claims or portions of claims not I indemnified by the Counties under this section. The Customer agrees that : (1) it will not claim or assert, that based solely on common counsel' s past or present representation of the Customer, said counsel has a conflict of interest in performing legal services under this section; (2) it will not claim or assert, that based solely on common counsel' s representation under the terms of this Agreement, said counsel has a conflict of interest in connection with any representation of any other person or entity in a matter pending; and (3) in the event that any legal conflict develops in the continued representation of the County and other waste haulers, the Customer may consent to have the common counsel continue to represent it under this section. Nothing in this Agreement shall prevent the Customer from retaining, at the Customer' s sole expense, its own counsel of the defense of claims indemnified by the County under this section in the event a conflict of interest exists . The Customer agrees to assign to the County all claims the Customer may have that arise in connection with claims indemnified by the County. 4 . No Waiver of Immunities . Nothing in this Agreement shall constitute a waiver or diminution by the County of any immunities 11 or statutory limitation on liability. 10 BINDING EFFECT. This Agreement shall be binding upon and inure to g g P the benefit of the respective parties, their heirs, representatives, successors and assigns . 11 . JOINT STATEMENT. The Customer and the Counties shall work together to draft any formal notice or announcement, prepared by the Counties or prepared by or for the Customer, regarding the terms of this Agreement or the impact that this Agreement may have on the commercial and residential waste generators of the Counties . 12 . ENTIRE CONTRACT, MODIFICATION AND WAIVER. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and supercedes all prior All Waste Agreement : -7- I and contemporaneous agreements and understandings of the parties . I p oraneous g There are no warranties, representations or other agreements Ibetween the parties in connection with the subject matter hereof, except as specifically set forth herein. No supplement, modification or waiver of this Agreement shall be binding unless it is executed in writing by the party to be bound thereby. No I waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof, whether or not similar, nor shall such waiver constitute a continuing waiver. 13 . ACCESS TO DOCUMENTS . This Agreement is subject to the Irequirements in Minn. Stat . Sec . 16B . 06, subd. 4 . 14 . INDEPENDENT CONTRACTOR. For the purposes of this Agreement, the Customer shall be deemed to be an independent I contractor, and not an employee of Washington County. Any and all agents, servants, or employees of the Customer or other persons, while engaged in the performance of any work or services required I to be performed by the County under this Agreement, shall not be considered employees of Washington County and any and all claims that may or might arise on behalf of the County, its agents, I servants or employees as a consequence of any act or omission on the part of the Customer, its agents, servants, employees or other persons shall in no way be the obligation or responsibility of the County. The Customer, its agents, servants, or employees shall be I entitled to none of the rights, privileges, or benefits of Washington County employees except as otherwise may be stated herein. I15 . REPRESENTATIVES . The County' s representative for administering this Agreement is the Washington County Department of Health, Environment & Land Management Director or his/her designee. The ICustomer' s representative for administering this Agreement is J'1 ICitimm C• 10'2 16 . EQUAL EMPLOYMENT OPPORTUNITY. The Customer agrees to comply with all federal, state and local laws, resolutions, ordinances, rules, regulations and executive orders pertaining to unlawful I discrimination on account of race, color, creed, national origin, sex, marital status, status with regard to public assistance, disability, handicapped status or age . I 17 . GOVERNING LAW. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota, excluding the State of Minnesota' s choice of law provisions . The Customer I agrees to accept service of process in the State of Minnesota, and the parties agree that all litigation shall be venued in the Minnesota District Court, Tenth Judicial District . ll III I All Waste Agreement : -8- HI . I IN WITNESS WHEREOF, the parties have executed this Agreement on the I dates indicated below. . 1 CUSTOMER _ , WASHINGTON COUNTY ' BY BY aJ Mary Mc thlin Director TITLE pjp£s/p/et/T Departm t of ealth, ' DATE (��'�O "`9� Environment fi Land Management FEDERAL ID# 11 //‘(�,20D5.' DATE �O-aa-48 I1 1 APPROVED AS /FORM: BY . • sistant ash' gton County Attorney DATE //(f f�� ii • 4 • . 1 4 ,s 1 •1 . I'. 1 II . . . • II • NI . . . I . . • 1 1 1 1 1 1 � BF. Solid Waste Proposal 1 1 1 1 a Proposal to the I City of Oak Park Heights, MN for Residential Garbage I and Recycling Collection 1 by: 1 BFI Waste Systems of North America, Inc. October 16, 1998 1 1 90()Xerxes .-\■enue South • Suite t,UO• P.O. Box 1375 ( -t-Ui • Minneapolis. i .A Itnnesoxa 55431 Phone hl'-9'_1-ti505 • Fax h12-021-8558 ww.hti.com :U°n Pnsi-Consumer I 1 BF! I 2U er Octo b 1998 yx I Honorable Mayor and City Council Members City of Oak Park Heights 14168 North 57'h Street P.O. Box 2007 Oak Park Heights. MN 55082 IDear Mayor and City Council Members: BFI Waste Systems of North America. Inc. (BEI). would like to thank you for allowing us the I opportunity to submit a proposal regarding the rubbish and curbside recycling contract. BFI has a long history of waste collection and recycling in the Metropolitan Area. In fact. we are one of the largest established recycling companies in the Metropolitan Area. IBFI takes pride in the recycling collection segment of our business and is considered a leader in the industry. in fact. our Minneapolis Recycling Facility recently was awarded a Quality Award from Weyerhauser Company. Each year Weyerhaeuser Company. one of the world's largest • integrated forest products companies. selects various suppliers of recycled "Old News Paper- for their prestigious Quality Award. BFi received a Quality Award and is distinguished as a "Grade A-supplier of recycled newspaper to Weyerhauser. We are confident that this proposal for Oak Park Heights waste collection and recycling will address all the needs the City may have. This proposal is complete with no hidden costs or I programs your residents will have to incur. BFI's goal is to conduct all of the City s rubbish collection and even help improve the participation level of recycling. We look forward to assisting you in any way to see that goals are met. IThank you for allowing us the opportunity to submit a proposal for your rubbish and recycling contract. If you have any questions. please feel free to contact me directly at 841-8038. ISincerely. ,. 1 , .?...",ez / PAUL ROSLAND Public Sector Manager -yOO Ner.xe; .A enue South • Suite WO• P.O. Box 1375 I 5 44(1)• Minneapolis. Minnesota 55431 Phone b12-921-5505 • Fax 612-Q21-5555 I \Aww.bti.eom 30",Post.Consume Table of Contents 1. Introduction 2. Description of Residential Garbage Collection 3. Basic Residential Waste Collection Information for Both Options 4. Description of Recyclin g Collection ' 5. Description of Yard Waste ' 6. BFI Personnel and Equipment 7. Miscellaneous Information 8. Prior Experience/Relevant Experience 111 9. Community Education ' 10.MOBIUS Environmental Education Program 11.True Blue Community Crime Watch Program 12.Conclusion 13.Bid Proposal 14.Bid Bond I I INTRODUCTION 1 Confidence with BFI: In Minnesota, BFI Waste Systems of North America, Inc. (BFI), services over 162,000 I households for solid waste and/or recycling collection. BFI is one of the largest garbage and recycling collectors in Minnesota. Our programs are known and recognized for quality service at a reasonable price. INationally, BFI has over 1,700 municipal contracts. Today, we are P roud to serve over 33 million families with recycling programs in over 700 communities. ' ' BFI Welcomes You: 1 BFI is proud to provide this proposal for residential garbage, recycling and yard waste collection to the City of Oak Park Heights. BFI wants to offer the excellent, value- ' I added services to the residents of Oak Park Heights! We invite you to read all about BFI's NEW comprehensive recycling program. designed specifically for The City of Oak Park Heights. IWe are a company that believes in customer satisfaction and continually strives for self- improvement. Our trucks are new and state of the art in terms of collection. We are I professional in both our manner and appearance. Unlike some of our competition. BFI believes solidly in recycling and is committed to create a clean future for tomorrow's leaders. ' ' Local District: IThe BFI District that will be directly servicing this account is located in Inver Grove Heights, Minnesota. This location has almost 100 routes on the streets every day and I employs about 120 people. Listed below are brief descriptions and backgrounds of the management team at the district that would handle this City contract. Ronald F. Moening— District Vice President I Ron has been District Vice President since 1994. He joined BFI in 1973 and has held various positions including Controller, Regional Operations Manager and Marketing Manager. As Regional Operations Manager, he was involved with many of the bidding and startup processes of various municipal operations in the Itwelve state Midwest area for BFI. Rick Sievers— Residential Manager ' ' Rick has been District Residential Manager since June 1997. Before his current position, he was a driver for ten years at our BFI Eden Prairie location. ICraig Seim — Safety and Compliance Manager Craig has held the position of Safety and Compliance Manager at St. Paul since 1994. Before his current position, he was the Safety and Compliance Manager at Iour two Recvcleries in the Twin Cities area and a Recycling Route Supervisor at our Eden Prairie Location. III I I DESCRIPTION OF RESIDENTAL GARBAGE COLLECTION Residential Garbage Collection, Curbside Service: All residential garbage will be collected on the curb of each household. Residents will ' receive a specific BFI garbage container and will be responsible for placing the cart on the curb the day of collection. These containers are made of heavy duty, recycled plastic. I They are very popular in other communities because of the wheels attached to the containers, which makes curbside pick up easy for area residents. Method of Collection li BFI will collect the residential garbage in a standard side load truck. The truck has three axles that allow the weight to be distributed more evenly over a road and causes minimal Iwear and tear. This style of truck is the most cost-efficient and is the most common style of waste collection being used in the Metropolitan area. IWe prefer this method because it is less labor intensive for our drivers to use a side load truck. Because of this different system of collection, the number of back injuries has subsided measurably. Also, by using the wheeled container carts, it is very user-friendly I to move to the end of a driveway or to the curb. I BASIC RESIDENTIAL WASTE COLLECTION INFOMRATION ICollection Days: BFI proposes to keep the current collection schedule. This will ensure that there will be I no disruption to Oak Park Height's residents. We do, however ask that in the future we would have the possibility to adjust the collection schedule. ICollection Flours: Collection of garbage and recyclables shall begin no earlier than 6:30 A.M. and will be I completed by 5:00 P.M. of the scheduled collection day. Oak Park Heights residents will be responsible for having their solid waste and recvclables placed in the appropriate location before 6:00 A.M. on their collection day. Homes up to 8-Plex Collection: BFI will pick up residential garbage one time a week. BFI drivers are trained to carefully return the garbage container to the same location that it was found at the time of collection. (All physically challenged residents will be provided with side door pick up at Ino additional cost). Municipal Building Pick up: II ' All BFI supplied collection carts/containers and dumpster pP p containers for garbage and recvclables shall be placed at agreed upon. specific locations as determined by materials 1 I Icollected and accessibility by employees and collection vehicles. All carts/containers and dumpsters shall be returned to the specific location after completion of collection. All containers shall be serviced at least one time a week. Cleanup Responsibilities: IBFI always believes in doing our job correctly and being a good partner in keeping P g a I community clean and neat. Therefore, all of our drivers are responsible to clean up any material spilled or blown in the process of the garbage collection or hauling of recyclables. (Each vehicle in BFI's fleet is equipped with a broom and shovel for clean up situations.) IDestination of Residential Solid Waste: IAll waste from the collect from the City's residents will be sent to the Newport Materials Recovery Facility where it will be incinerated and turned into electricity. I I DESCRIPTION OF RECYCLING COLLECTION Curbside Recycling: IBFI Waste Systems of North America, Inc. (BFI) proposes to collect the following items for recycling: I * newspapers * magazines * glass bottles and jars * mixed mail I * corrugated cardboard (max 2 x 2 feet) * plastic containers * telephone books * aluminum cans and foil * box board * tin cans I * steel cans * bi-metal cans Frequency and Type of Collection: IBFI will collect these recyclables from residents on the same day as their garbage pick up. (This is the current system already in place). IResidents will be allowed to mix or commingle their recycling goods. The recycled goods will be commingled into 3 segments: I1. Newspaper 2 All other paper goods 3. All rigid containers such as glass, plastic, tin, aluminum, etc. IOur BFI Recycling facility has the ability to separate the recvclables. We will collect the recvclables from the curb and leave the bin at the curb. (If applicable, all physically Ichallenged residents will be provided side-door pick up at no additional cost.) Waste Removal Proposal Cost Matrix Current Costs Seniors $ 13.50 30 gallon $ 13.75 x 52 = $ 715.00 60 gallon $ 16.95 x 600 = $10,170.00 90 gallon $ 18.45 x 271 = $ 4.999.95 Sub total $15,884.95 x 12 = $190,619.40 City Residential Fees Currently Collected (30 gal) $4.50 x 52 = $ 234.00 (60 gal) $5.45 x 600 = $ 3,270.00 (90 gal) $6.95 x 271 = $ 1,883.45 Sub total $ 5,387.45 x 12 = $64,649.40 = $65,000.00 Proposals Superior (30 gal) $ 9.90 x 52 = $ 514.80 (60 gal) $11.12 x 600 = $ 6,672.00 (90 gal) $12.75 x 271 = $ 3,455.25 Sub total $10,641.25 x 12 = $127,695.00 BFI (30 gal) $10.94 x 52 = $ 568.88 (60 gal) $12.72 x 600 = $ 7,632.00 (90 gal) $14.41 x 271 = $ 3,905.11 Sub total $12,105.99 x 12 = $145,271.88 Waste Management (30 gal) $ 9.43 x 52 = $ 490.36 (60 gal) $13.05 x 600 = $ 7,830.00 (90 gal) $14.73 x 271 = $ 3,991.83 Sub total $12,312.19 x 12 = $147,746.28 City Residential Fees $ 65,000.00 Subsidiary necessary for Superior Contract $ 62,695.00 Subsidiary necessary for BFI Contract $ 80,271.88 Subsidiary necessary for Waste Management Contract $ 82,746.28 Amount Budgeted for Subsidiary $ 95,000.00 `7 VD Q■ W V O O O (D 00 69 69 -9 64 (j 00 ' CN W W "Y '! .P l0 -J LA �p e.,- 112 R - 69 + (D EA b9 a• 4 O .0 W .d M p w a can Ii S ow- 112 col • 6A 4�i 69 b4 CP ro tV W ,..,. Om. C pz 0o cc t� _. ,o A p0 O Vi tJ O C- r► ... i.. b 0 O w sz r Ilt CO b.9 H N EA 6A 6A * 4 c o . . ... o tJ o oo N O- '•► oo Op v W . et e c �' N 6 iv et .A' $ o w Ili EA EA b9 EA 69 ao W ..r .... 00 W v o 0 o w oU w eD R - - - -- - ----- I IMarketing of Recyclable Materials: I BFI is positioned to guarantee superior quality service in regards to receiving, processing and marketing the recyclable materials collected from City residents. I BFI has existing market commitments for the recyclable materials that are being proposed in the City of Oak Park Heights recycling program. Through our experience, commitment, and capabilities we have been able to bridge together partnerships with Ifirms which are leaders in the marketing and the preparation of recyclable materials. All materials in the basic recycling program will be processed by BFI at our recycling I facility. All the necessary information concerning the weight by day of each commodity will be tracked by BFI personnel and available to the City for review. ITonnage Reports & Participation Rates: To assist the City of Oak Park Heights with the reporting requirements of the State of IMinnesota, BFI will provide the following reports to apprise the City of the status of recyclable materials collection activities. IA. Monthly Project Reports — The Contractor shall submit monthly project reports for the length of the Contract period commencing upon final I approval of the Contract. These reports shall be due within ten (10) working days from the end of the period being reported. At a minimum, the reports shall include: 1 1. Summaries of tonnages of all recyclable materials recovered by material. ?. Household participation rate I B. Monthly o thly Bill for Services Rendered — Each monthly bill will be calculated Iand sent to the City. C. Annual Reports — BFI shall provide year-end annual reports for each year I the project is in operation. BFI may present this report at the Council meeting following the anniversary of the Agreement. BFI feels that this report is an important component of the communication of the positive Iresults of the program. At minimum, the report shall include: 1. A summary of the annual recovered material tonnages. III . A discussion of highlights, such as community service, educational activities and special events. ICollection Hours: Collection of recvclables shall begin no earlier than 6:30 a.m. and will be completed by I 5:00 p.m. of the scheduled collection day. Oak Park Height's residents should have their recvclables placed in the appropriate place before 6:00 a.m. on their collection day. ' Procedure for Improperly Prepared Recvclables: ' In order to have a successful recycling program; residents must receive accurate information. If a route driver deems that a resident has improperly prepared their recyclables, the driver will leave a"Reminder" tag describing the correct list of items ' accepted and how they should be prepared. This is a friendly learning tool for the resident. Cleanup Responsibilities: BFI always believes in being a good partner with the City and residents. This includes making sure our job is done correctly and neatly. Our drivers are responsible to clean up any material spilled or blown in the process of the collection or hauling of recyclables. DESCRIPTION OF YARD WASTE ' Collection Hours: ' Collection of recyclables shall begin no earlier than 6:30 a.m. and will be completed by 5:00 p.m. of the scheduled collection day. Oak Park Height's residents should have their yard waste placed in the appropriate place before 6:00 a.m. on their collection day. Yard ' waste will be collected on the same schedule as rubbish and recycling. Residents will be asked to bag and bundle material. ' Procedure for Improperly Prepared Yard Waste: In order to have a successful recycling program; residents must receive accurate information. If a route driver deems that a resident has improperly prepared their yard ' waste, the driver will leave a "Reminder" tag describing the correct list of items accepted and how they should be prepared. This is a friendly learning tool for the resident. Cleanup Responsibilities: 1 BFI always believes in being a good partner with the City and residents. This includes making sure our job is done correctly and neatly. Our drivers are responsible to clean up any material spilled or blown in the process of the collection or hauling of yard waste. BFI PERSONNEL AND EQUIPMENT BFI ensures to the City of Oak Park Heights that we meet or exceed all existing laws and ' ordinances set by the State of Minnesota and local governing bodies. All of BFI's drivers and employees go through a vigorous screening and training program before they are allowed to begin work for BFI. All employees are drug tested and are properly licensed by the state to perform their duties. I IDrivers are trained to conduct themselves in a safe and professional manner. They are always courteous to the customer and take care of the customer's property. BFI takes Ipride in hiring only the best trained drivers and employees in the industry. BFI is committed to safety and each month holds mandatory meetings to discuss various I issues regarding potential hazards. All drivers attend these meetings and it provides a forum for our drivers to share experiences that will improve the safety of the entire group. Vehicle Licensing Requirements: The City will properly license all BFI vehicles used in the collection and transportation of Iresidential waste and recyclables. Recycling Collection Vehicle Equipment Description: IBFI will use recycling vehicles that are designed specifically to handle the commingled ed recycling products collected from residents. Oak Park Heights residents and the Icommingle collection system of recyclables will serve as the basis for the success of Oak Park Height's recycling program. The quality of the recyclables is what makes our relationship with the end markets strong. These relationships help us keep long-term end Imarkets and it helps us receive the highest return for our material. All materials will be processed at our Minneapolis BFI Recyclery the products are sent to end market producers. IOverview of Collection and Recycling Trucks: ISafety is a very important part of BFI's collection program. Therefore, all of our trucks (residential and recycling) are equipped with the following equipment: Ia. Warning Flashers b. Warning Alarms to indicate movement in reverse c. Signs on the vehicles stating This Vehicle Makes Frequent Stops" I d. A broom and shovel for cleaning up spills I All vehicles are washed and painted on a regular basis to ensure a neat appearance as they drive through Oak Park Heights neighborhoods. Also, all trucks have BFI's name and telephone number clearly displayed on the side. 1 I MISCELLANEOUS INFORMATION ICity Wide Clean-Ups: BFI will provide the appropriate personnel and equipment as described in the RFP. I These clean up will be in the Spring and Fall at no additional charge to the City or residents. BFI will work with the City on the location and time of these events. I ICity Recycling Drop-Off: I BFI will provide up to two 6-yard containers for commingled fiber (Corrugated Cardboard, Newspaper, office paper, etc.) and up to eight 90 gallon carts for the rigid containers (glass, plastic, tin and aluminum). This will be picked up on a weekly Ischedule at no additional charge to the City or residents. Billing: The City shall conduct all of the billing to the residents. The City shall also be responsible for collecting any invoices that are past due. BFI will only bill residents I when their trash exceeds the normal and acceptable items for disposal, such as mattresses, car batteries, etc. IHolidays: BFI will provide a holiday schedule to the City once a year. Following any holiday, Irecycling pick up will be delayed on day. BFI will work diligently with the City to help inform the residents of Oak Park Heights of the holiday schedule. ISevere Weather In the event of severe weather, BFI will consult with the City as to our ability to continue Isafe and timely pickup of recyclables. If the collection day must be postponed, BFI will work closely with the City to create a new schedule for that week. INon-completion of Collection, Extension of Collection Hours I If for any reason, BFI is unable to complete a service route by 5:00 p.m. of the scheduled collection day, we will notify the City and request an extension of hours. BFI will inform the City as to the service area in question, the estimated time of completion, and the Ireason for the delay. Customer Service IBFI will maintain a local number which will be attended from 8:00 a.m. to 5:00 p.m. Monday through Friday by a team of customer service professionals. This local number Iwill be prominently displayed on trucks, recycling bins, and literature. BFI will appoint a customer service representative to ensure the complete satisfaction of Ithe residents. Since all of our trucks are equipped with a dispatch radio, the customer service representative will contact the driver and inform him of any problems. In the rare event a home is missed, a BFI representative will ensure timely collection of the missed I bin and follow up with a courtesy call and/or fax to the City. BFI understands the high expectations of citizens in the City of Oak Park Heights. We are committed to service them with the excellent service they expect. We even have the ability to provide the City I with a list of customer complaints from residents. We use this list to make internal improvements and we will provide the City with an annual accounting of all complaints and customer comments. I I Recycling drivers can stop by the City Hall of Oak Park Heights before the end of the route to confirm that service was complete and that no problems were reported. ' ' PRIOR EXPERIENCE/RELEVANT EXPERIENCE I BFI Waste Systems of North America, Inc. is one of the largest publicly held companies whose subsidiaries and affiliates collect, transport, treat and dispose of commercial, residential, municipal and industrial solid waste. The company is also involved in Irecycling, resource recovery facilities, and medical waste services. As a pioneer in America's efforts to recycle reusable materials, BFI has developed the Isuccessful RecycleNOW program that includes residential curbside collection, multi- family recycling, and commercial recycling collection. BFI's recycling program has two purposes— return valuable secondary materials as raw material for industry, and reduce the amount of waste that is sent to the landfills. BFI has been directly involved in the recover of post-consumer recyclable materials in Ivarious capacities since 1971. The company has hand-on experience in designing and implementing successful neighborhood oriented recycling activities through its multi- ' material curbside programs. BFI tailors each program to the local conditions and factors that can affect recycling efforts. BFI also brings added strength of corporate and regional support, financial j ' strength, legislative information and professionally prepared promotional support materials. IBFI currently services a total of 22 cities and counties in Minnesota with solid waste and/or curbside recycling programs. In many cases, BFI was not the low bidder, but BFI was chosen because we were the most qualified to provide the quality service I and promotional and education campaigns needed to make a program successful. Also. the relationship BFI's staff will maintain with the City allows for a true sense of partnership in the program. Awards and Recognition: I • BFI Waste Systems of North America, Inc. received a Quality Award from Weyerhauser Company. Weyerhaeuser Company, one of the world's largest I integrated forest products companies, each year selects various suppliers of recycled "Old News Paper" for their prestigious Quality Award. BFI's Minneapolis Recyclery has received a Quality Award and is distinguished as a "Grade A" supplier of ' recycled newspaper to Weyerhauser. In order to receive the award. the supplier must consistently deliver a recycled product that contains no more than 1/25 of a percent of I contamination. (Contamination includes such things as glue from a mailing label, I color print. etc.) The supplier must meet these standards throughout an entire year of service. 1 I I • BFI is a member of the Minnesota Keystone Program. This is a distinction from the Minnesota Chamber of Commerce that is recognizing between 2%to 5% of our I company's profit is reinvested in the local communities. We believe in giving back to communities where we have a strong presence. It is important for BFI to be a strong and dependable corporate partner with local communities. ILocal BFI Municipal Partners: I These local cities are some examples of BFI's Municipal Programs that give the necessary experience that will result in a quality-recycling program. Programs include a kick-off celebration, press coverage, community education, and professionally printed Ipromotional pieces. The City of Tonka Bay I 4901 Manitou Road The City of Maple Grove Tonka Bay, MN 55331 9401 Fernbrook Lane Phone: 474-7994 Maple Grove, MN 55311 I Contact: Patrick Wussow Phone: 494-6000 Contact: Frank Kampel I The City of Minnetrista The City of Columbia Heights 7701 County Road 110 W 590 North Ave. Minnetrista, MN 55364 Columbia Heights, MN 55421 IPhone: 446-1660 Phone: 782-2800 Contact: Tim Cruckshank Contact: Jean Kuen IThe City of Bayport The City of North St. Paul 294 N. 3rd Street 2526 E. 7th Ave. Bayport, MN 55003 N. St. Paul. MN 55109 IPhone: 439-2530 Phone: 770-4450 Contact: Ken Hartung Contact: Wally Wvsopal 1 The City of Osseo The City of Blaine 415 Central Ave. 9150 Central Ave. I Osseo, MN 55369 Blaine. MN 55434 Phone: 425-2624 Phone: 784-6700 Contact: Dave Calister Contact: Roark Haver I I COMMUNITY EDUCATION Educational Coordinator: I . will have a Public Education Coordinator for the City of Oak Park Heights Recycling program. The Coordinator will be available for City scheduled interviews with the press and to provide educational programs to community organizations and schools in Oak Park Heights. BFI will work closely with the City to coordinate the educational programs with local schools. I I 1 Public Relations Program: 1 A strong public awareness campaign is crucial to continue the citizens of Oak Park Height's excitement about recycling. We will employ a series of special events along Iwith traditional media to influence as many people as possible throughout the contract. Special Events: IThe ideal situation would be to unveil the entire program at a regularly scheduled City Council meeting that is covered live by the press. A banner about the recycling program I will be in place as a visual reinforcement. All elements of the program would be revealed, including a demonstration of which materials are recyclable and how to prepare them for recycling. IThis recycling presentation would then be scheduled for presentation to the following groups: ICity officials and interested City employees ■ Department of Public Works officials and employees 1 ■ Local business organizations such as Rotary Club, Kiwanis, Lions Club Local environment-related organizations such as Sierra Club, Keep America Beautiful chapter IA poster contest for young children is an excellent way to teach the importance of recycling and educate youngsters about the very important part they play in the City Irecycling effort. BFI knows that if we can get the children excited about recycling it will get the community excited about recycling. IPromotional Material: Public relations and educational support material/programs will include: 1 a. Media alert b. Photo opportunities throughout the year c. Environmental materials/programs for schools in Oak Park Heights Id. "Reminder" tags for residents explaining the program e. Tours of our recycling facility available for community and school groups I I MOBIUSTM ENVIRONMENTAL EDUCATION PROGRAM: To help the City of Oak Park Heights comply with the Minnesota Comprehensive I Management Act, BFI offers the Mobius-M Program to meet the educational requirements set forth in the Act. At BFI, we believe education is the key to encouraging new attitudes about the environment and the benefit of responsible solid waste management. We are I also keenly aware that the sooner citizens recognize the need for environmental responsibility, the quicker progress will be made. 1 1 1 With that in mind, BFI designed The MOBIUST"" Curriculum for children in grades four through six, ranging in age from nine to eleven. Through the Curriculum, children 1 will learn and understand the impact of solid waste on our environment and how they can be part of the solution. The MOBIUSTM program is named for Augustus Mobius (U90-1868), a German mathematician who invented a continuous strip with a single twist. The Mobius strip has become the international symbol for the environmental cycle— the recycling industry's Ifamiliar triangular arrows. The MOBIUSTM cartoon character was originally created by a fourth grade student as the result of a contest for students sponsored by BFI in five U.S. and Canadian cities. MOBIUSTM is a life-sized recycling character that serves as a recycling identity for children. This costumed character is available for recycling presentations and assemblies. BFI is in the process of having the MOBIUSTM Curriculum approved by the Minnesota Department of Education as fulfilling State Quality Core Curriculum (QCC) standards. In this way, the MOBIUSTM program is teacher friendly because consultants have ' determined how the Curriculum fits their lesson plans. For this reason, BFI can easily say that we have the most comprehensive education program in the industry. ' BFI's curriculum experts ensure the integrity of the MOBIUSTM Curriculum. They have developed the program in an effort to foster useful skills in students and to define the scope and impact of current and future waste disposal and recycling issues. The curriculum addresses the subjects of science, mathematics and social studies. It can be used as part of your present teaching plan or taught as a separate course. The activity ' packet presents a collection of ideas, with different levels of aptitude, aimed at children in grades four through six. The MOBIUSTM Curriculum focuses on the New Three R's: Reduce, Reuse and Recycle. These are the keys to the recycling solution. The New Three R's help students understand the waste problem and guide students in making waste disposal solutions part ' of their daily lives. For example, we can reduce waste by buying items that have been thoughtfully packaged; we can reuse items instead of throwing them away; and we can recycle materials so they can be used again. 1 1 1 1 1 1 I TRUE BLUE COMMUNITY CRIME WATCH PROGRAM 1 BFI is always looking at different ways to help cities where we do business. True Blue I Looking Out for You is a BFI program that puts BFI and the City in partnership to build safer communities. With this program, BFI will have all of the drivers that are servicing the City participate in a training session with local crime prevention officers. BFI's I drivers will provide an extra set of eyes and ears and operate as another form of crime prevention. I An overview of True Blue Looking Out for You is attached for your review along with a news clipping of a success story that resulted from the program. 1 I CONCLUSION I Again, BFI thanks you for the opportunity to bid on the City of Oak Park Heights Residential Waste and Recycling Program. We encourage you to read our proposal thoroughly. BFI has specifically designed a program that will meet all of Oak Park I Height's unique needs. If you have any questions on our proposal please do not hesitate in calling me at 841-8023. Good luck in your selection process. BFI looks forward to creating a positive partnership with the City of Oak Park Heights. I I I I 1 I I i i I1 True Blue , 1 : 1Looking for You 1 ... wants a safe community - safe from crime and accidents. When something happens, we want We all know there's more to building a safe community than locks and lighting - concerned .s who watch out for each other are what really make the difference. I Browning-Ferris Industries BFI are your neighbors, and we want to do our part to help ioyees of (BFI) g e communities. That's why we designed a community service program - True Blue Looking Out fThrough True Blue Looking Out for You, we are joining municipal leaders, local law enforce- d other neighborhood watch programs in the fight to keep our communities safe. I 'ue Looking Out for You is a neighborhood watch program that uses the alert eyes and ears of U zployees, in partnership with existing watch program participants and local emergency personnel, nize and report emergency situations to appropriate response teams. The program also promotes ,afety and raises awareness of the steps that average citizens can take to make our communities ces to live, work and play. I good partner for neighborhood watch programs. Our employees' jobs take them into neighbor- !! aily, often at times of the day or night when residential or business crimes are at their peak or her emergencies would go unnoticed. employees who spot an emergency situation contact via radio a BFI dispatcher who, in turn, ' the proper authorities. Now BFI crews that work to keep our communities clean are also working our communities safe. �lue Looking Out for You is a partnership with law enforcement and emergency personnel. BFI ees assist the efforts of those personnel by identifying and reporting any trouble they see or hear. ployees are instructed not to take any action that may endanger themselves or another member of munity, but to immediately contact the appropriate authorities. IIIogram operates in a variety of urban, rural and suburban areas where BFI es waste disposal and recycling services. True Blue Looking Out for You is a I nity service offered by Browning-Ferris Industries. Inc., and our employees - FI providers of waste disposal and recycling services to homes and businesses the country. 1 1 1 PROPOSAL FORM City of Oak Park Heights ' 1999-2003 Residential Refuse and Recycling Contract To: City of Oak Park Heights ' I/we the undersigned, having review the specifications and instructions to bidders and information made available from the City, do hereby submit this proposal to provide all labor, disposal arrangements, and other resources necessary to meet the specifications and requirements. Attachments A and B hereto shall constitute this proposal and, if selected, incorporated into the succeeding contract. ' Date: October 16, 1998 Official Name and Address: RFT WaGta SysremG of North Amerir Tn t7900 Xerxes Avenue South, Suite 600 Bloomington, Minnesota 55431 1 1 , By `i�/r% ' Title //,41. ,� 1 IATTACHMENT A,p ATTACHMENT A I (See instructions on page 2 of Attachment A) IRATES FOR COLLECTION AND DISPOSAL OF REFUSE, RECYCLING, AND YARD WASTE I 1 30 Gallon 60 Gallon 90 Gallon I Disposal Fee' 2.06 3.29 4.94 Collection Feel 5.05 5.60 5.80 Recycling Fee' 2.58 2.58 2.42 IYard Waste Fees 1.25 1.25 1.25 I TOTAL 10.94 12.72 14.41 Base Dwelling Unit Price I 'Disposal fee based on tipping f ee including all taxes, surcharges and tariffs, of 5 38.00 Iton as of October 1, 1998. 2 Base collection fee includes cost of regular weekly collection, (including collection and I transportation of refuse to a refused derived fuel facility), one Christmas tree per household monthly publication of a two-column by six inch promotion or educational illustration in loc newspaper, collection at City facilities without charge, labor and equipment for not less that Ipackers or equivalent for City clean-up day in spring and fall at no charge to the City. Other collection options include: (a) collection of all items, including "white goods" Iweekly pick-up; (b) collection of only volume-based waste, yard waste, and recyclabi consistent with container size purchased by resident with additional costs for any exr items, and ,c free collection of certain items (must be identified) with weekly pick-up additional charge for itemized "white goods. " 'Included in the recycling fee: cost of regular weekly curbside collection of recyclables as d. Iin the contract. (including collection and transportation of recyclables to the market for sale collection of phone books once per year, a drop-off center, and payment of 50 percent of Iredemption value of all recyclables. 4 Bundled. no longer than five (5)feet or heavier than forty (40)pounds. ATTACHMENT A, page 2 of 2 INSTRUCTIONS FOR ATTACHMENT A I ' Disposal Fee e I • The disposal fee portion of the Base Dwelling Unit Price must be bid within th following ranges:* the I rate disposal fee: 52.04-$2.25 I30-gallon rate disposal fee: $2.57-$2.84 60-gallon rate disposal fee: 54.09-S4.52 I90-gallon rate disposal fee: S6.13-S6.77 I • These ranges represent a 10% deviation from the average disposal cost per household which was established using the following assumptions: IAssumption 41: Tipping Fee= $50.00/ton pP g 00 ton I Assumption =2: 30-gallon service: average 25 lbs wk[(.054 tons/mo.) X$50 =$2.70/mc Assumption :3: 60-gallon service: average 40 lbsiwk [(.086 tons/mo.) X$50= $4.30/m( Assumption 4: 90-gallon service: average 60 lbsiwk [(.I29 tons/mo.) X$50 = $6.45/m( I I NOTE: The disposal rates are established in this manner to reflect an average per household cost for disposal on a per month basis. The City recognizes that each household will vary, having a variable affe on the Contractor's actual disposal costs. Any increase or decrease in the tipping fee will proportionate!: I affect the disposal fee portion of the base dwelling unit price as provided for in Section V.F.2. of the contract. I I I *These numbers are provided for purpose of illustration. 1 1 IATTACHME I ATTACHMENT B ADDITIONAL COLLECTION SERVICE CHARGES TO BE BILLED BY THE CONTRACTOR DIRECTLY TO THE HOMEOWNER EXTRA REFUSE 3.00 /30 gallons 1.50 /15 g AIR CONDITIONERS 20.00 I I STOVES 20.00 WATER CONDITIONERS 20.00 FURNACES 20.00 WATER HEATERS 20.00 WASHERS/DRYERS 20.00 REFRIGERATORS/FREEZERS 20.00 MISC. HEAVY APPLIANCES 20.00 ' CHRISTMAS TREES N/C - Limit one per household per year ' NOTE: CONSTRUCTION ROLL-OFFS ARE NOT INCLUDED IN THIS PRICING, NOR AR CONTROLLED OR MANDATED BY THIS CONTRACT. 21 I ATTACHMENT A OTHER COLLECTION OPTIONS (a) Collection of all items including "White Goods" in weekly pickup. This would P P ould be all-inclusive, similar to your current system. 30 Gallon 60 Gallon 90 Gallon Disposal Fee 2.06 3.29 4.94 Collection Fee 5.35 5.90 6.10 Recycling Fee T 2.58 2.58 2.42 Yard Waste Fee i 1.25 1.25 1.25 TOTAL $11.24 $13.02 $14.71 Base Dwelling Unit Price 1 1 BFI Proposal 10/16/98 I CHUBB GROUP OF INSURANCE COMPANIES ' CHUIBE 15 Mountain View Road, P.Q. Box 1615. Warren. New Jersey 07061-1615 IFEDERAL INSURANCE COMPANY BID BOND IBond No. N/A Amount$ 50,000.00 I Know All Men By These Presents, Thatwo, BFI Waste Systems of North America, Inc. as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation rduly organized under Ithe laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Oak Park Heights I (hereinafter called the Obligee), in the sum of Fifty Thousand and NO/100- Dollars ($ 50,000.00 ), for the payment of which we, the said Principal and the said Surety, bind ourselves, Iour heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents- Sealed with our seals and dated this 15th day of October IA.D. nineteen hundred and ninety eight. WHEREAS, the Principal has submitted a bid, dated October 16 19 98 for Residential Refuse Collection and Recycling Services. I NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the difference, not I to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. I BFI Waste e S stms of N Systems North America, Inc. I sw .7.7),:).‘„..........t Principal t.,-� - r Kevin N . , Author.1ked Agent IFEDERAL I U ' NC CO AR", By. _ ,i IB. L.\.Kellar At rneg-in-Fact Form i 5.02-0602(Roy.4.90) I ' ' POWER OF ATTORNEY . ' ' Know all Men by these Presents. That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, an Indiana Corpora lion, has constituted and appointed,and does hereby constitute and appoint Donald R. Berndt, Donald L . Meier, B .L . Kellar and W.S . Bennett of Minneapolis , Minnesota Ieach its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on is behalf as surer, thereon or otherwise, bonds of any of the following ctaases,to-wit: 1. Bonds and Undertakings(other than Bail Bonds)filed in any suit,matter or proceeding in any Court,or filed with any Sheriff or Magistrate,for the doief I or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof,including those required or permitted under the laws or regulations lo Custom: or Internal Revenue;License and Permit Bonds or other indemnity bonds under the laws,ordinances or regulations of any State.City,lbw" Beam or other Miscellaneous bonds public or private;e�ot to Transportation tat Public,tion Companies,lost Instrument bonds;Lame bonds,Workers Deputy Sheriffs and similar public officials. I a Bonds on behalf of contractors in connection with bids, proposals or contracts. In wenn.winnow,me Laid FEDERAL MURANCE C0■1PANY has,otxauar t to as epaasa.caused these presents to be spied by its Vial Presdere and Assistant aaaelry and Its corp«r amt l ACKNOWLEDGMENT STATE OF MINNESOTA ) ss. • COUNTY OF Hennepin ) I On this 16th day of October 19 98 before me a Notary Public within and for said County, personally appeared B. L. Kellar I to me personally known,who being by me duly sworn did say that she is the Attorney-in-Fact of Federal. y the corporation I named in the foregoing instrument,and that the seal affixed to said instrument is the Corporate Seal of said corporation,and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors Iand said B. L. Kellar acknowledged said instrument to be the free act and deed of said corporation. I -'•' BEVERLY M. GRAF '.'r'--• NOTARY PUBLIC-MINNESOTA —At My Commieson Expires Jan.31.2000 Alf 411111P— - Ms. Commission Expires: January J . -00 •,'��� otary Public .a..+....a r.!AMIN...M.,+..NT an ma+u„ammo.o.sS%.a 7...07 woo Se.ewawau.,....maw S,u'.u.,m...era w. •.,.w.........,.........a....■••••........■•.........................................��- or an Appel Via President.pwndy w th the Secretary or an Mawwre Secretary.under ter remoseme dprgnrrorr.The sipr'aure d such aMers may be engraved.Cowed or Ilat graphed.The siqueltre d amen d the loaowe g*Mars:Chairman.Via Chairman.Preadea,any Yee Prasidere,any Madre Yoe Preside.any Secretary.any Maaroe Seastry and the sea d to Carpany nary Os Mauled byllcsrnee to any Vow at aeon,or to my cerseede naming thereto @boomi g Mars Sseratense or Anorne r-Fee ton prposn arty d sarong and ananng bards and urtarrlrrps and deter wee.dbMpray n ere roma dared,and any such power d attorney or certilieaa bearing with acorns entrance Of Iseaemaa and Oa he veld and Wading upon Ire Conpary and any rrdt pacer 80 wrrvrd and erdald by suds bd.". Ispnatuee and raster seal shalt be veld and bindrq upon to Carmen/with rasped to any bond or unoart IUng to*MOM r cached." I runner tartly ttirt said MIRAL WISURANCE COMPANY is Gay beamed to transact MOMMY and surety busmen in amen d eta Sides d the United Stslss el Mnenri Diet et or Columbia.Puerto Rico.eel seer at Me Provnose Of Canada wltt the aaapror.d Pince Edward Mend:and is and duly Meowed to became sole surety an bonds.rdertaings.wi:..pernlyd or required by raw. I.the unoragned Natant Ssaeury d FEDERAL INSURANCE COMPANY do hereby away dial the tapanq Power d Atbwwy et n INS tore and duct. Given ■`-net herd and her sea d said Company a Warren,N1.the- 16th 6th day d t9 � Aeaharn eeaseary Z r, el 4601 MO w RELIANCE INSURANCE COMPANY HOME OFFICE, PHILADELPHIA, PENNSYLVANIA BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A.I.A. DOCUMENT NO.A-310 (FEB. 1970 ED.) KNOW ALL MEN BY THESE PRESENTS, THAT WE WASTE MANAGEMENT OF MINNESOTA, INC. as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of Philadelphia, Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF OAK PARK HEIGHTS as Obligee, hereinafter called the Obligee, in the sum of FIFTY THOUSAND AND 00/100 Dollars ($50,000.00), for the payment of which sum well and truly to be made, the said principal and the said Surety, bind our-selves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for RESIDENTIAL REFUSE AND RECYCLING COLLECTION NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 16TH day of OCTOBER 1998 A.D. �t } WASTE MANAGEMENT OF MINNESOTA, iNC. (Principal) (Seal) i (11Vithessf J io S W. TERRY (title) VICE PRESIDEN RISK MANAGE T RLIANCE INSURANCE COMPANY 7-4 j 1 • C:4° Phyllis ,bans i,A r 7y-in-Fact BDR-2305 6/95 THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY,are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute end appoint Guy A. SquiUente, James M. Egan, Phyllis Kalanekl, John M. Cain., of Pittsburgh, Pennsylvania their true and lawful Attorney(s)-in-Fact, to make, execute, seal end deliver for and on their behalf, and as their act and deed any and all bonds and undsrtaltktgs of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII•EXECUTION OF BONDS AND UNDERTAKINGS 1. The Bond of Director, F. '•-..a,-...*Cheinnrn of the Bard,any Senior Vice Prwidet,any Vies President or Msiatat Vice President or other officer dwgnetod by the Bard of Directors shall heve power and sonority to(al appoint Attarnsy$e),nrFaet and to e1alatire then to execute an behalf of the Company,bands end undertakings.roeeertarteeu,contracts of i ndeanny and other writings obligatory in the noire thereof.and(bl to renew any with Attemeylelin►Fect at any time and revoke the power and authority given to then. 2. Atterrybd-inFact shall have power and authority,subject to the terms and limitation of the Power of Attar ry issued to them, to execute deliver an behalf of de Company,bade and iodinating". recognizance',convects of indemnity and odor writings obligatory in the notes thereof. The corporate sal is net necessary for the validity of any bands end undertakings. recognisance*,contracts of indemnity and odor writings obligatory in the noire thereof. 3. Anonry(sl-in•Fect shad have power and authority to execute affidavits required to be attached to bonds.recogrnizanow, contracts of indemnity or other conditional or obligatory undertakings and they WWI d eo hew power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any snide or section thereof. This Power of Attorney is signed and'waled by fsceiniie under and by unherity of the fosowing resolution adopted by the Exucutiw rd An nce Camminew of the Borda of Directors of Reliance Insurance Company, United Pacific Insurance Company and RWie es National Indemnity Company by Unanimous Content dated IN of Februry 25, 15s4 and by the Executive and Financial Committee of the Board of Directors of Reliance Surety Company by Unanimous Corset dated w of March 31,1 ss4. 'Resolved that the airwomen of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates rusting thereto by Iamimile,ad any such Power of Attorney or certificate bearing such feaimds eipnet res er facsimile sal that be valid and binding upon the Company rd any such Power or axeeuad and certified by tameable Ipne see and facsimile ass shall be valid and binding upon the C ampay,in the future with respect to any brad or tandertakinp to with it is attached.' IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this February 1, 1998. �P Tic •,,mat nata.r RELIANCE SURETY COMPANY o�`4rjO�+�c*. �+‘ �e�be. '�i rip RELIANCE INSURANCE COMPANY b S\ �; I �c_� �` SE�►L `�io'•� UNITED PACIFIC INSURANCE COMPANY �,/ �`� Si:i1L )` /JCE NATION INDEMNITY COMPANY pEi WAple r 's 92 •` v t t*ew 7!0 STATE OF Pennsylvania ' COUNTY OF Philadelphia ) Cs. On this, February 1, 1998, before me,Valencia Wortham, personally appeared David T.Akers, who acknowledged himself to be the Senior Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I hereunto set my hand and official seal. - , Notarial Scot `' OF E. [1a.C/)'1('t i Valencia Worsham.Notary Public Philadelphia,Philadelphia Cots 1 Notary Public in and for the State of Pennsylvania My commission Expires Nov. 18.2000 Residing at Philadelphia I I, Anita Zippert, Secretary of RELIANCE SURETY COMPANY. RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 161Bday o OCTOBER 98 . „,ipaiLwo,, `wile,o Secretary F. y Cho h1 s`�M* .e PN,,nraf• I�vS.ALr ; 7 �..;1 1 *.1 � JcJ� ;� :�n«roa�es.. y l; L `SEeI� rasa p4 '`+near/' °ar 12 •S' ti\fceM alt THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK-HOLD AT AN ANGLE TO VIEW SUPERIOR Solid Waste Proposal ATTACHMENT A,page 1 or 2 ATTACHMENT A (See instructions on page 2 of Attachment A) RATES FOR COLLECTION AND DISPOSAL OF REFUSE, RECYCLING, AND YARD WASTE 30 Gallon 60 Gallon 90 Gallon Disposal Fee' $2.73 $4.31 $6.67 Collection Feel $4.24 $6.28 $5.60 Recycling Fee' $1.99 $1.99 $1.99 Yard Waste Fees $ .47 $ .47 $ .47 TOTAL Base Dwelling Unit Price $9.43 $13.05 $14.73 'Disposal fee based on tipping fee, including all taxes, surcharges and tariffs, of 5 38.00 per ton as of October 1, 1998. 'Base collection fee includes cost of regular weekly collection, (including collection and transportation of refuse to a refused derived fuel facility), one Christmas tree per household, monthly publication of a two-column by six inch promotion or educational illustration in local newspaper, collection at City facilities without charge, labor and equipment for not less than five packers or equivalent for City clean-up day in spring and fall at no charge to the City. Other collection options include: (a) collection of all items, including "white goods" in weekly pick-up; (b) collection of only volume-based waste, yard waste, and recyclables consistent with container size purchased by resident with additional costs for any extra items, and; G free collection of certain items (must be identified) with weekly pick-up and additional charge for itemized "white goods. " 'Included in the recycling fee: cost of regular weekly curbside collection of recyclables as defined in the contract, (including collection and transportation of recyclables to the market for sale), collection of phone books once per year, a drop-off center, and payment of 50 percent of redemption value of all recyclables. Bundled, no longer than five (5)feet or heavier than forty (40)pounds.