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CR 93-35 Curbside Recycling Contract '~ .~ ._ r..."{...y......."\ , ,0 .. m' March 10, 1993 7 ~ Council Report: 93-35 o P K I ~ CURBSIDE RECYCLING CONTRACT EXTENSION ProDosed Action. Staff recommends adoption of the following motion: "Approve a residential curbside recYcling contract extension adding miscellaneous paper, through June 30, 1996, with Waste Manaqement for $2.20 per month per certified dwellinq unit for week Iv collection." Overview. Our current recycling contract with Waste Management provides for the weekly curbside collection of newspaper, corrugated cardboard, plastic bottles with a neck, glass jars & bottles, tin & aluminum food and beverage containers. The cost for this service is $2.30 per household per month. _is contract will expire on June 30, 1993 and negotiations with Waste .. nagement propose the addition of Miscellaneous Paper and a $.10 decrease n the monthly rate. Other minor changes to definitions are proposed. Primary Issues to Consider. o What are the proposed changes? o Should the contract be extended? o How will this program continue to be funded? SUD~orting Information. o Detailed Background o Analysis of Issues o Proposed Amendment o Existing Agreements with Waste Management Le~~~kS Director . , .. .. Council Report: 93-35 Page 2 eetailed Backqround Waste Management has been our recycling contractor since January 1, 1990. Our original program collected; newspaper, tin & aluminum food and beverage cans and glass jars & bottles, at a rate of $2.15 per household per month. On May 6, 1990 Waste Management added corrugated cardboard at no extra cost and on August 13, 1990, plastic bottles were added to collection increasing the monthly rate to $2.30 per household per month which is the current rate. This contract will expire on June 30, 1993. We have recently met with Mike Berkopec of Waste Management to discuss possible terms for a contract extension. The extension process was chosen over a re-bidding process due to the results of the re..;.bidding process completed recently by the city of Minnetonka, Golden Valley and Plymouth. Their re-bidding process resulted in Waste Management getting the contract giving us their low bid price to negotiate from. Also considered was Waste Management's very acceptable performance both in their responsiveness to problems and customers, changes required, and their timeliness with report information. To re-bid and possibly change recycling contractors would displace a system that is working very well at what was proven, by the Minnetonka re-bidding process, to be a competitive cost. If Waste Management's performance were to deteriorate, Section 6 of the Recycling Agreement still allows the city _0 termi.nate upon. the contractor's failure to perform its responsibilities der the Agreement and section 12 imposes penalties which can be deducted rom payments due. Analysis of issues o What are the proposed changes? Please refer to the proposed Second Amendment to Agreement for Recycling Collection for specific language changes. - section 2. Compensation for Services. There is a $ .10 per household per month decrease in the amount paid to Waste Management for their services in this section of the Agreement. The cost for the curbside residential program will decrease to a rate of $2.20 per household per month. Please also note that we will be adding Miscellaneous Paper to the curbside collection as well as decrease our monthly rate which is defined in the Proposed Second Amendment Item 3. - Section 5. Term. The current contract expires on June 30, 1993. The original contract dated November 7, 1989 expired on June 30, 1991 and was extended on August 21, 1990 to June 30, 1993. The new Amendment, if approved, will extend the contract through June 30, 1996. . - Item 6. page 2 of the Agreement, Termination, This section was originally amended in August of 1990 to limit the 90 day release cl<;1u~e ~or use. only in the case of the County reducing or ellmlnatlng fundlng. Our proposed amendment adds to that the use of ~h7 90 day release cla?se in the case of the city ceasing its munlclpally operated, resldential refuse c?llection program. r "'\ .;' council Report: 93-35 page 3 ~ - In Exhibit A, II. Definitions item 1. redefines the recyclable materials which are collected. This was done to list the materials which have been added and to duplicate definitions outlined in the Hennepin county Funding Policy. - In Exhibit A, II. Definitions item 3. redefines Recycling container eliminating the section which requires residents to use a city provided container. o Should the contract be extended? From the recent re-bidding experience of Minnetonka, Golden Valley and Plymouth it does not appear that we would receive bids which would decrease our collection costs significantly more than the amount arrived at ,in our negotiations with Waste Management. Waste Management was awarded the Recycling contract in those cities at rates very near the same $2.20 rate as proposed in this recycling contract extension. Minnetonka $2.155 Golden Valley $2.20 Plymouth $2.135 (These are appro~imate figures due to the fact that they were bid . on a monthly rate, not a per household rate as we have requested) . Furthermore, Waste Management's performance has been very acceptable to date and their offer to add miscellaneous paper along with the lower rate, should increase our recycling tonnage, which in turn should help reduce our refuse disposal costs and possibly eliminate problems associated with a change of contractor. o How will this program continue to be funded? Hennepin County's Funding Policy for Source Separated Recyclables was redefined for years 1993-1996. It now reimburses cities at a rate of $1.75 per household per month provided that we continue to meet the abatement goals established by Hennepin county. The remainder of the cost is passed on to residents as part of their refuse fee ($.75 per household per month) on the quarterly utility bill. This amount will be adequate to cover the anticipated ci ty portion of the additional costs in 1993 however it may need to be reviewed in future years for an increase if changes in the Refuse utility Fund make it necessary. . - ---~~----- .. ...' ~ SECOND AMENDMENT TO AGREEMENT FOR RECYCLING COLLECTION This Amendment is made on the 16th day of March, 1993 to the Agreement for Recycling Collection, dated November 7, 1989, and superseding the First Amendment dated August 21, 1990, between the City of Hopkins and Waste Management-Savage, a division of Waste Management of Minnesota, Inc. The agreement is hereby amended as follows: 1. Item 5. page 2 of the Agreement as of May 1, 1993: Term. The term of the Agreement shall be extended through June 30, 1996. 2. Item 6. page 2 of the Agreement as of May 1, 1993, shall be amended to read as follows: Termination. This Agreement may be terminated by the City upon the Contractor's failure to perform its responsibilities under the Agreement. In addition to the existing conditions governing termination, the city may terminate the Agreement upon 90 days advance written notice to the Contractor if Hennepin County significantly reduces or alters its Funding Policy for . reimbursing city recycling program costs or if the City of Hopkins ceases it's municipally operated, residential refuse collection program. "Significantly reduces or alters" means a reduction or alteration resulting in the reimbursement of less than 50% of the city's recycling program costs, or additional requirements set forth by Hennepin County in which the city and Waste Management are unable to mutually negotiate a rate of payment adjustment. 3. In Exhibit A, II. Definitions item 1. of the Agreement as of May 1, 1993, shall be amended to read and provide for the collection of the following: Recyclable Materials: means all items of refuse designated by the Hennepin County Department of Environment to be part of an authorized recycling program and which are intended for transportation, processing, and re-manufacturing or reuse and include the following; newspaper: includes all supplements and ads delivered with a newspaper and includes kraft paper bags. Corrugated cardboard: all corrugated cardboard boxers except for boxes that are waxed or plastic coated or home delivered pizza boxes. glass containers: all clear, green and brown glass food and beverage containers. metal containers: aluminum, steel, bimetal and "tin" food and beverage containers. . Plastic Products. all plastic bottles with a neck except bottles that previously contained hazardous . materials or motor oil. .- -- -~--~ , ~' Second Amendment: Agreement for Recycling Collection Page 2 . miscellaneous paper: all glossy paper; magazines, catalogs and coated paper. All mixed paper; communications, letters, envelopes, computer paper, . copier paper, ledger paper, NCR forms, receipts and bills, advertisements, hard and soft cover books, fax machine paper, clean paper bags and sorted direct mail. 4. In Exhibit A, of the Contract for Recycling Collection; section II. Definitions item 3. as of May 1, 1993 shall be amended to read: Recycling container: means a receptacle in which Recyclable Materials can be stored and later placed at the curb or alley (Collection point) for collection as specified by the City. Acceptable containers shall include; plastic bins and pails, cardboard boxes, and kraft paper bags. Regular garbage cans may serve as a Recycling container provided that the can is 30 gallons or smaller in size, properly marked for recycling, and contains recycle materials properly prepared. Plastic bags are not acceptable Recycling containers. 5. In Exhibit A, of the Contract for Recycling Collection; section III. Collection Requirements, 1. C. as of May 1, 1993 shall be . amended to read: Collection Hours: Collection shall commence no earlier than 6:30 a.m. and . shall be completed by 5:30 p.m. of the Scheduled Collection Day. Residents will be requested to have Recyclable Materials placed at the designated Collection Point by 6:00 a.m. on the Scheduled Collection Day. 6. Compensation for Services. Effective May 1, 1993 through the term of this amendment, the rate of payment for each household will be $2.20 per CDU per month for weekly recycling collection services based on the number of CDU's certified by the city. 7. All other terms and conditions continue as set forth in the original.Agreement dated.November 7, 1989. CITY OF HOPKINS . CONTRACTOR BY BY Nelson w. Berg Mike Berkopec Its Mayor Its General Manaqer BY BY Steven C. Mielke . Its city Manager Its - -----~-~- . . FIRST AMENDMENT TO AGREEMENT FOR RECYCLING COLLECTION This Amendment is made on the 4th day of September, 1990 to the Agreement for Recycling Collection, original dated November 7, 1989, between the City of Hopkins and Waste Management-savage, a division of, Waste Management of Minnesota, Inc. The agreement is hereby amended as follows: 1. Term. The term of the Agreement shall be extended through June 30, 1993. In addition, as of August 13, 1990, item 6, page 2 of the agreement - Termination (90 day cancellation) clause shall be amended to read as follows: This Agreement may be terminated by the City upon the Contractor's failure to perform its responsibilites under the Agreement. In addition to the existinq conditions qoverning termination. the city may terminate the Agreement upon 90 days advance written notice to, the Contractor if Henne-pin County siqnificantlv reduces or alters its Fundinq Policy for reimbursing City recycling program costs. "Significantly reduces or alters" means a reduction or alteration resulting in the reimbursement of less than 50% of the city's recycling program costs, ,or addi tional requirements set forth by Hennepin County in which the City and Waste Management are unable , to mutually negotiate a rate of payment adjustment. ~ 2. Compensation for Services. Effective August 13, 1990 through the term of this amendment, the rate of payment for each household will be $2.30 per COU per month for weekly recycling aollection services based on the number of COU's certified by the City. 3. Materials Collected. Additional materials collected in the curbside collection program under this amendment shall be; plastic soda bottles, water jugs, milk jugs, laundry product containers (HOPE, PET) and corrugated cardboard. 4. All other terms and condi tions continue as set forth in the original Agreement. ~TOR BY '~ Nelson W. Berg, Its " "General Ma ger BY/~~~ BY ~ ~ steve C. Mielke, City Manager Its , -~ ' ~; il' :.~. ., .- :=!. '::w"_ .,\_ -,~; ~r~~::: , ~.,~.,--, ::.'...... --~ ---- ,- ~.. -- L CITY OF HOPKINS " AGREEMENT FOR RECYCLING COLLECTION . This agreement is made on the zth day of November. 1989. between the City of Hopkins, 1010 First street South, Hopkins, Minnesota 55343 - ("City") and ;.1_ ("Contractor") RECYCLE AMERICA 12448 PENNSYLVANIA AVENUE SAVAGE, MN 55378 (612) 890':'1100 Preliminary statement , The purpose of this contract is to set forth terms and conditions for the provision of CURBSIDE/ALLEYWAY RECYCLING COLLECTION SERVICES by the Contractor for the City. The City and Contractor agree as follows: . Gontractor's Services. The Contractor agrees to provide services as described in EXHIBIT A, within the collection districts specified on maps supplied to the contractor by the City, and in compliance with the specifications contained in Attached EXHIBIT A. 2. Comoensation for Services. The city agrees to pay the Contractor $2.15 per CDU, per month for weekly recycling collection services based on the number of CDU'S certified by the City. The number of COU's will be determined by the number of recycling containers distributed to residents (minimum 2600 COU's). 3. ~ethod of Payment. The Contractor shall submit itemized bills for services provided to the City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to the city. The contractor shall provide documentation and reports as required by the City in EXHIBIT A, section; III., NO.1 1., letters; F, H, and K. 4. Audit Disclosure. The contractor shall allow the City or its duly authorized agents reasonable access to such of the Contractor's books and records as are pertinent to all services provided under I this Agreement. Any reports, information, data, etc. gi ven to or / prepared or assembled by, the Contractor under this agreement which the City requests to be kept confidential shall not be made available to any . individual organization without the City's prior written approval. All finished or unfinished documents, data, studies, .surveys, drawings, maps, models, photographs, and reports prepared by the Contractor shall become the property of the city upon termination of this Agreement. . - ---~---~- . ,. l.i. , . Page 2 . Term. The term of this Agreement shall be from January 1 f 1990 through June 30. 1991, the date of signature by the parties notwithstanding. This Agreement maybe extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as the parties shall mutually agree. 6. Termination. This Agreement may be terminated by the City upon the Contractor's failure to perform its responsibilities under the ,Agreement. Otherwise, this Agreement may be terminated by either party by ninety (90) days written' notice delivered to the other party at the address written above. Upon termination under this provision, the Contractor shall be paid for services ,rendered and reimbursable expenses until the effective date of termination. 7. Subcontractor. The Contractor shall not enter into subcontracts for any of the services provided for in this Agreement without the express written consent of the City. 8. Independent Con~ractor. At all times and for all purposes . hereunder, the Contractor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Contractor an employee of the City. 9. Assignment. Neither party shall assign this Agreement, nor any . interest arising herein, without the written consent of the other party. 10. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 11. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a Court of competent jurisdiction, to be contrary to law, such decision shall not affect the remaining provisions of the Agreem~nt. 12. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subjeot matter hereof as well as any previous agreements presently in effect between the parties relating to the SUbject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 13. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to the provision of services to be provided hereunder. Any violation shall constitute' a material breach of this Agreement. . . .~ ... '., ~ $ , . 'Page 3 14. Equal Opportunity. During the performance of this cont:ract, thee Contractor, in compliance with Executive Order 11246, as amended by Executive' Order 11375 and Department of Labor regulations 41 CFR Part 60, shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, wi thout rega;r:d to their race, color, religion, sex, or national origin. 15. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 16. Indemnification. The Contractor shall indemnify and hold harmless the City, its employees and agents, for all claims, damages, losses, and expenses, including, but not limited to, attorney's fees, which they may suffer or for which they may be held liable, as a result of the fault of the Contractor, his employees, or subcontractors in the performance of' this contract. 17. Insurance. certificates of Insurance must be provided by the Contractor at the time of contract execution. The Contractor shall take out and maintain during the term of the contract such public liability and property damage and automobile insurance as shal.l protect him and the ci ty from claims for such damages, in th following amounts: Public Liability $300,000 each person 750,000 each occurrence Property Damage $150,000 each occurrence 300,000 each aggregate Auto Liability $300,000 each person bodily injured 750,000 each accident Other Property Damage $100,000 each accident, Umbrella Clause $1,000,000 The City shall be named as an additional insured in these policies for coverage needed only for work as specified in this Agreement, I which shall provide that the coverage may not be terminated or , changed by the insurer except upon 30 days' written notice to the ci ty manager or his authorized representative. Evidence of this additional coverage will be furnished to the City Manager, or his authorized representative upon execution of this contract. . >"'.H~ _ ,f .. Page 4 ~ No policy shall contain any provisions for exclusions from liability ; other than provisions for exclusion from liability forming part of the standard basic unamended and unendorsed form of policy, . except that no exclusion will be permitted in any event if it conflicts with a coverage expressly required in this contract, and in addition, no policy shall contain any exclusion from bodily injury to, or sickness, disease or death of any coverage under the contractual liability endorsement of the liability of the Contractor under this agreement. Compliance by the Contractor with the foregoing requirements to carry insurance .andfurnish certificates shall not relieve the Contractor from liability assumed under any provisions of this contract. 18. Performance Bond. The Contractor shall execute and deliver to the Ci ty a performance bond with a corporate surety in the sum of $25,000. This contract shall not become effective until such a bond in a form acceptable to the city, has been delivered to the city and approved by .the City Attorney. This Agreement shall be subject to termination by the city at any time if said bond shall be cancelled or the surety thereon relieved from liability for any reason. The term of such performance bond shall be for the life of this Agreement. Extensions or renewals shall require the execution and delivery of a performance bond in the above amount to cover the . period of extension or renewal. . Liquidated Damages. The Contractor shall be liable for liquidated damages upon a determination by the city that performance has not c)ccurred consistent with the provisions of the contract as specified i.n EXHIBIT A, section; III, No.; 1., Letter; L. 20. .st~eet Improvements. This contract is subject to the right of the st te of Minnesota, Hennepin county or the City to improve its highways, streets and alleys. The ~ontractor accepts the risk that such improvements may prevent the Contractor from traveling its accustomed route or routes for Recycling Collection Service and agrees not to make any claim for compensations against the city for such interference. 21. ytilities. The Contractor shall be obligated to protect all public and private utilities whether occupying street or public or private property. If such utilities are damaged by reason of the Contractor's operations, under this contract, he/she shall repair or replace same or, failing to do so promptly, the City shall cause repairs or replacements to be made and the cost of doing so shall be deducted from payment to be made to the Contractor. 22. Workers compensation Insurance. The Contractor shall provide workers compensation insurance covering all employees of the contractor engaged in the performance of the contract, in accordance ~ with the Minnesota workers' compensation Law. .' II, ., '; .. . . Page 5 ... 23. Conflict of Interest. Contractor agrees that no member, officer, UL~ employee of the City shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. violation of this provision shall cause this Agreement to be null and void and Contractor will forfeit any payments to be made under this Agreement. 24. Governing Law. This Agreement shall be controlled by the laws of the state of Minnesota. 25. Whole Agreement. This Agreement embodies the entire agreement between the parties including all prior understanding and agreements, and may not be modified except in writing signed by all parties. Executed as of the day and year first written above. CITY OF HOPKINS CONTRACTOR f2kn - //, r4.d:h' ; 1 ~ , :l~, -~ ',~/ . By . By': Ii "J"'I.~,....,\?'_,- \.':'1----; Its Mayor Its (,.....,..~.~..rt.:.ll 1;\1 I (i..)M)...:... -: ),' // /1 \ -:7 -/,/-/ ~ . . By u-<--- c ./!:l. By /ts City Manager - -- ts - . . ~j , ; I . .. ft. , . . . EXHIBIT A \ . City of Hopkins Recycling Collection SPECIFICATIONS I. Introduction These specifications define the requirements of the RECYCLING COLLECTION PROGRAM for the city of Hopkins. II. Definitions 1. Recyclable Materials: means all items of refuse designated by the Hennepin county Department of Environment and Energy to be part of an authorized recycling program and which are intended for transportation, processing, and re-manufacturing or reuse and include: newsprint, glass food and beverage containers (all colors) and aluminum, steel, bimetal and "tin" food and beverage containers. Recyclable Materials may also include corrugated cardboard, polyethylene terephthalate (PET), high density polyethylene (HOPE), and other materials as mut~ally agreed upon by the city and contractor. . . Unacceptable Recyclable Materials: means items which are not Recyclable Materials and/or Recyclable Materials which have not been properly prepared in compliance with the following standards: Newspaper: will be placed in paper kraft bags or securely tied and bundled. Glass Food and Beverage containers: will be rinsed clean and lids will be removed. The glass will placed ina paper kraft bag or Acceptable Recycling container. Metal Food and Beverage Containers: will be rinsed clean and placed in a paper kraft bag or an Acceptable Recycling Container. preparation standards for other recyclable materials will be determined by mutual written agreement between the city and the Contractor. 3. Recycling Container: means a receptacle in which Recyclable Materials can be stored and later placed at the curb. or alley for I collection as specified by the City. Acceptable .containers shall include cardboard boxes, kraft paper bags, and plastic bins and pails. Regular garbage cans may serve as a Recycling container provided that the can is 30 gallons or smaller in size, properly marked for recycling, and contains paper bags for each type of Recyclable Material. Plastic bags are not acceptable Recycling containers. . /' . : T I.. ' Page A-2 Note: The definition for Recycling c~ntainer will change to fl. uniform receptacle, provided by the city, in which Recyclable Material can be stored and later set out for collection as specified by the City" when recycling containers are pu~phased and provided to all of the CDUs in the city. 4. Recycling Collection Service: means the piCking up of all Recyclable material in and around Recycling containers at CDUs and other City Designated Collectton stops in the City of Hopkins. 5. certified Dwelling unit (CDU): means a single family home and each residential unit in a duplex or triplex. Residential units in structures containing more than three ( 3) dwelling units, may be designated as CDUs upon mutual agreement by the City. and the Contractor. 6. Collection District: means a specific geographic area of the City established for the purpose of. providing Recycling Collection Service and refuse collection.service on the same day for all CDUs within the District. 7. Collection Route: means a contiguous geographic area within a Collection District determined by the Contractor which may be used to measure collection progress. These routes must by approved by the City. 8. Contractor: means person or persons authorized by the City t. perform Recycling Collection Services on prescribed routes within Collection Districts within the City of Hopkins. 9. Collection Vehicle: means any vehicle licensed and inspected by the City for collection of Recyclables within the corporate boundaries of the City. 10. Collection Hours: means the time period during which collection of Recyclable Material is authorized in the City. 11. Missed Collection: means the failure of the Contractor to provide Recycling Collection Service to a CDU or other city Designated Collection stop within the Recycling District during Collection Hours on the Scheduled Collection Day. 12. City Designated Collection stop: means a location designated by the City for Recycling Collection Services, including city Hall, PUblic I Works, and community Center, and may include other stops as mutually agreed upon by the City and the Contractor. 13. Holidays: means any of the following: New Year's Day, 'Martin Luther King Day, President's Day, Memorial Day, Independence Day , Labor Day, Columbus Day, Veteran's Day, Thanksgiving, and Christmas Day. ~ "~'"'''''''''''' , . " ., . " . 'Page A-3 e. Ss::heduled Collection Day: means the day or days of the week on which Recycling Collection service by the Contractor is to occur, as ' specified in the contract with the city. If a Holiday occurs on a weekday, the collection for each day of that week after the Holiday shall be made one (1) working day later. 15. Collection Point: means the location where the Recycling container is placed for collection. III. ~ollection Requirements 1. Residential Curbside/Alleyway Recycling Collection Program A. Frequency of Collection: Recycling Collection shall occur once a week 'on the same day as regular refuse collection for every CDU in the City as agreed upon by the City and the Contractor. B. Establishment of Collection Districts: The City reserves the right to establish Collection Districts wi thin the City. The purpose of the Collection District will be to establish same day refuse and Recycling Collection service in each Collection District established. The City will designate the collection districts and days on maps supplied to the" Contractor. The City reserves the right to change the Collection District boundaries and Scheduled Collection Days upon fifteen (15) days . notice to the Contractor. . C. ~ollection Hours: Collection shall commence no earlier than 7:00 a.m. and shall be completed by 5:00 p.m. The Contractor Shall maintain sufficient equipment. and personnel to assure that all collection operations are completed by 5: 00 p.m. of the Scheduled Collection Day. Residents will be requested to have Recyclable Materials placed at the Collection Point by 7:00 a.m. on the Scheduled Collection Day. . D. Ce~:tification of CO Us: ,certification of the number of CDUs in the City' 'shall be done on a quarterly basis by the City. The number of COUs certified by the City shall serve as the basis for payment for Recycling Collection Services performed by the Contractor. The number of CDU's will be determined by the number of recycling containers distributed. to residents (minimum 2600 COU's). E. Compliance with Driving and Hauling Laws: Collection and I transportation of all Recyclable Materials shall be accomplished in accordance wi th all existing laws and ordinances, and future amendments thereto, of the State of Minnesota and local governing bodies. F. Weighing of Loads and Reporting Requirements: The Contractor will keep accurate records consisting of an approved weight . sli~ with the date, tiIl!e, collection ,route, driver's name, veh~cle number, tare we~ght, gross wel.ght, net weight, and number of recycling stops for each loaded vehicle. ", .. ~, . Page A-4 ./ The Contractor may use and Established Tare Weight for eac. collection vehicle and supply the city with a list of each 0 the vehicles which will be used to perform collections in the City; along with each vehicle's truck number and corresponding tare weight. The Tare Weight will be the weight of the vehicle wi th 1/2 tank of fuel plus the weight of the dri ver . As an alternative to the above method, collection vehicles may be weighed empty before each collection to obtain a tare weight and weighed again after completion of a route or at the end of the day, whichever occurs first. The scale to be used by the Contractor will be certified and approved by the city. A copy of each weight ticket shall be included as part of the billing sent to the City each month. The Contractor will also include a . report of the total tons collected, the percentage of the total that each material type represents, and the markets used for the sale of the recyclable materials. These reporting requirements are required for the City's annual Recycling Report to Hennepin County. G. Point of Collection: Most residential recycling collection will occur at the_ same location from where the regular refuse is collected, generally ,the alleys where they exist and street curbside in other areas.:'" H. Procedure for Unacceptable Materials: If the Contractor determines that a resident has set out Unacceptable Recyclabl. Materials, the contracto: shall use the following procedure: . , The Contractor shall collect all the Recyclable Materials and leave an "education tag" provided by the Contractor in the Recycling Container indicating acceptable materials and the proper method of preparation. . The driver shall record the address on forms provided by the City, and report the addresses to the City's Public Works Director at the end of each week. I. Cleanup Responsibility: The Contractor shall adequately clean up any Recyclable Material spilled or blown during the course of collection and/or hauling operations. All Collection Vehicles shall be equipped with at least one broom and one shovel for use in cleaning up material spillage. The Contractor shall have no responsibility to remove or clean up any items which are not ReCYClable-Materials. I J. Missed Collections: The Contractor shall' establish a procedure for recei ving and responding to complaints of Missed Collections. A complaint of Missed Collection is a comp~aint received by the Contractor no later than noon of the bus~ness day following the Scheduled Collection Day. The Contractor shall provide staffing, of a telephone-equipped office to . receive missed collection complaints between the hours of 7:3. a.m. and 4:30 p.m. on weekdays, except holidays. Response t . . ",-, f/I Page A-5 e'. missed collection shall take. place before 1:00 p.m. the business day following the Scheduled Collection Day. K. Non-Completion of Collection and Extension of Collection Hours: If the Contractor determines that the collection of Recyclables will not be completed by 5:00 p.m. on. the Scheduled Collection Day, he/she shall notify Public Works Administration by 4: 00 p.m. and request an extension of the Collection Hours. The Contractor shall inform "the city of. the areas not completed, the reason for noncompletion, and the expected time of completion. L. Penal ties. for Missed Collections and Non-Completion of Collection Routes: In the event -that the Contractor does not receive an extension of the Collection Hours, failure to complete Recycling Collection Service within the Collection District by 5:00 p.m., will entitle the City to assess liquidated damages against the Contractor, at the following rates: 1. Missed collections not picked up by 1:00 p.m. on the day following the Scheduled Collection Day: $5.00 each. 2. District-wide collection not completed by 5:00 p.m. on the Scheduled Collection Day, if the city has not been . notified of the delay by 4:00 p.m. on 'the Scheduled . Collection DaY, and the Public Works Director or his/her designee has not approved the delay: $1.000 per occurrence. 3. Failure to complete a majority (50% or more) of pickups wi thin the collection district, on the scheduled ._ collection day: $2.500 per occurrence. The City may deduct the full amount of any liquidated damages from any payment due to the Contractor. The remedy available to the City under this paragraph shall be in addition to all other remedies which the City may have under law or at equity. Exceptions. For purposes of this Contract, the Contractor shall not be deemed to be liable for damages where its inabili ty to perform Recycling Collection Service is the result of conditions beyond the control of the Contractor, . including, but not limited to, civil disorder, acts of I God, inclement weather severe enough that trucks cannot make collections, changes in applicable statutes, regulations, and ordinances; provided, however, that the Contractor shall obtain the approval for the delay from the PUblic Works Director or his/her designee prior to 4:00 p.m. of the Scheduled Collection Day. The Contractor . shall exhaust every reasonable remedy to correct the conditions resulting in its nonperformance. In the event that the Contractor fails to provide Recycling Collection .' ~ " ~ Page A-6 Service because of any of the. above conditions and t.a. obtained approval from the Public Works Director for th delay, then the Contractor shall have five (5) days ~ . (excluding Saturdays, S,undays, and holidays) to provide such service. In the event of a continuing failure beyond said period, the Contractor shall not be entitled to payment for any CDU not so serviced. M. Test Areas: The City reserves the right to have tests performed in the City. The amount of areas removed for a test shall not exceed ten percent (10%) of the total number of CDUs, unless otherwise agreed by the City and Contractor. Duration of a test is limited to one hundred twenty (120) days, unless otherwise agreed by the City and Contractor. The City shall' have the right to select equipment and persons to conduct the test. No compensation shall be provided because of fewer materials or stops during the test period. N. Vehicle Licensing and Inspection and Requirements~ All Collection Vehicles used in the performance of this Agreement shall be licensed by the city. A single license and license fee per vehicle will be required and will permit the vehicle to operate in the City. Each vehicle will be required to 'pass and inspection before being used in the performance of this Agreement- and to pass yearly inspection thereafter. Inspections will be conducted by the Public Works and Police Departments. COllection- o. Collection Vehicle Equipment Requirements: Each Vehicle shall be equipped with the following: 1. a two way radio 2. a first aid kit 3. an approved 2AIOBC Dry Chemical Fire Extinguisher 4. warning flashers 5. warning alarms to indicate movement in reverse 6. signs on the rear of the vehicle which state "This Vehicle Makes Frequent Stopsll 7. a broom and a shovel for cleaning up spi*ls~ All of the required equipment must be in proper working order. All vehicles must be maintained in proper working order and be as clean and free from odors as possible. i All vehicles must be clearly iqentified on both sides with the Contractor's name and telephone number. P. Personnel Requirements: The Contractor shall retain sufficient personnel and equipment to fulfill the requirements and specifications of this Agreement. . , . .; . Page A-7 , . The Contractor's personnel shall: 1. 'Conduct themselves at all times in a courteous manner with the general public. 2. Make a concerted effort to have at all times a presentable appearance and attitude. 3. Perform their work in a neat and a quiet manner and clean up all Recyclable Materials spilled in collection and hauling operations. 4. Handle all Recycling Containers with reasonable . care to avoid damage, shall replace all .containers in an upright position in a location easily accessible to the residents. 5. Avoid damage to property. 6. Not perform their duties or operate vehicles while consuming alcohol or illegally used controlled substances or while under .the influence of alcohol and/or such substances. Q. Holidays: The Contractor will observe all Holidays on which no Recycling Collection Service will be performed. When. a Holiday occurs on a Scheduled Collection Day, the collection for each day of that week after the Holiday shall be made one (1) working day later. . Hopkins city Hall and other Municipal Facilities A. The Contractor will provide weekly Recycling Collection Service at city Designated Collection Stops. B. The Recyclable Materials collected wi 11 incl ude : newspaper, cans, and glass .. bottles. Additional materials may be . added with consultation between the City and the Contractor. C. The City and the Contr.actor will agree on the times, places, and methods of collection. D. The City Designated Collection stops as of the date of these specifications is: * City Hall, 1010 First Street South, Hopkins * Public Works Facility, 1601 Second Street South, Hopkins * Community Center, 33 - 14th Avenue North, Hopkins other facilities maybe added by agreement between the City and J the Contractor. The Contractor will be paid its contracted price for Recyclable Materials collected at City Designated Collection stops. . . - . :.. . Page A-a 3. Multiple Dwelling units (Townhouse. Apartment and Condominium . Complexes ). The City is interested in any proposals that the recycling Contractor would present for servicing the Multiple Dwellings within the City of Hopkins. Compensation for this service and the details of collection will be negotiated to the mutual satisfaction of the city and the Contractor. 4. Small Businesses The city may add appropriate small businesses to the residential collection routes as needed. The stops will be considered the same as a CDU for recycling collection. The City will provide the . Contractor with a list of the addresses of the businesses designated for Recycling Collection Service. All requirements of the residential curbside recycling program will apply to the businesses. IV. General Conditions 1. No award will be made to any bidder who cannot give satisfactory assurance as to his/her ability to carry out the contract both from his/her financial rating and by reason of his/her previous experience and performance of work of the nature contemplated in the contract. The bidder may be required to submit his/her record of 4IIIt work of similar nature to that proposed under these specifications, . and unfamiliarity with the type of work may be sufficient cause for rejection of bids. 2. The City reserves the right to waive minor irregularities in the proposal documents and to reject any or all proposals. The City reserves the right to enter into a contract with a contractor who does not submit the lowest proposal. 3. The Contractor shall be required to execute the City's Agreement form, a copy of which is attached, and to fulfill the requirements contained within it. The bond and certificate of insurance shall be provided when the contract is executed. 4. No proposal can be withdrawn before 45 days after the date for submission of proposals. ! . . I < '< A.:4tlllt. ISSUI! DATI! (MM/DDfYY) 1---,-.. ----. ....,1/01/92." PRODUCER !;!1~jti.!"'T"THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS ~AR ~'jORjH INSURANCE AGl:t4CY t. , NO RIGHTS UPON THE CERTIFICATE HOLOER. THIS CERTIFICATE DOES NOT AMEND. S. '.v,~TH MICHIGAN A VENUE I EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW I , rC:'GJ, !L 60611 i--- COMPANIES A~~~~~~;~-~;~~RA~E .. j - '-.".'-.'-'-.'-'-' ..-.-... ...".-'" ....-.. GM j ! COMPANY A i LETTER '___.C.ONJ.INENT A L C.~SUAL TY .COMPANY ,_f.9HT .~ c r ::.t....__e~.I1Jj~Ql!.L~.1..?J.._a_8 O..::.li.4 OJ COMPANY B INSURED' I LETTER ----..-.-. ........... I COMPANY C ,... -- ,o/ASTi: ;'IANA G EME NT 0 F SAVAGE 12443 p ~ N :. S Y L V A N I A AVENUE SOUTH i LETTER ; .....---.--.,. ........ ........ "-_.--.'. SAV':'.;E, MN 55378 , i COMPANY 0 ! LETTER ~ .--.---...-----..-.... ~ COMPANY E i LETTER . .... . lCOVERAGES ...,~ ~ ~ ,~;~..,;;.:;:;~l~}~....:;;~~.:~~~~~;~a?~~frj:.~.c.,~~' :~~,,:. ,:~.~~.!"fii ~~ I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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 AFFOROED 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. r " ....~..._.._. ....- ! ..' .........-.--.....-.---.-. ..... . ,CO TYpe OF INSURANCE POUCY NUMBER POUCY EFFECTIVe POLICY EXPIRATION ALL UMITS IN THOUSANDS LTR i DATE (MM/DDNY) , DATe (MMIDOIYY) ---- .....-.-. .....-..----. ~._._......._._------ . h. . ~"'" .... .... ...... ...... ... GENERAL LIABILITY' GENERAL AGGREGATE '$ 5,OC~ . ... I_ ..... .., ...............-... ...-...... ... .~ ~'" ..9.0MMERCIAL GENERAL ~ABIUTY i G L 60 7 41 6 20 9 1/01/92 1/0119 5' PRODUC!.~_~~~!~~S,~G~~~~~!E $ 5,00: ,.. CLAIMS MADE, XI OCCUR. i . PERSONAL & ADVERTISING INJURY $ 5,00: ......-...-... ....-.... X OWNER'S & CONTRACTOR'S PROTo EACH OCCURRENCE $ 5,00: , ". ..."......-..-....... -............ ....... . ...'1'" P R 'J 0 Ie 0 MP . OPERATIONS FIRE DAMAGE (Anyone lire) $ 2,CCC , . '...... ..........~_._............_........ 0" ,....-.._....._ __~_O N T-l~.A-C_T_U.AJ.._.; ; MEOICAL EXPENSE (Anyone person) $ - " -~,~.., .....,.~ .. --, . '.. ....,.-. ..'... MOBILE LIABIUTY ~ ; COMBINED : 8UA007416207 SINGLE $ . ANY AUTO 1/0 1 1 9; L1~Il:,____. ,~.___ 5 , 0 0 0 I . ALL OWNED AUTOS j BODILY '$ INJURY ,-' :,sCHEOULEO AUTOS (Per .~~~,l\)m___'_, _... '" ....... ... "X_! HIRED AUTOS BOOIL Y . ' r ' ~ INJURY $ X NON.QWNED AUTOS (P~~L,__..._.___m.__'__._, -- GARAGE LIABIUTY PROPERTY ...... ...~ $ . t.--.,-----.j,--..---.... . DAMAGE .'...r;J :'J "..'- ...-........-..., ...--..--... ~ .....".....,,---....-..-.---....... exCESS LIABILITY EACH . AGGREGATE .......- , i , OCCURRENCE' I , $ $ ..,.. i I I , . OTHER THAN UMBRELLA FORM i i , . .f....... ~ " 1 ..-........"..., ..' . ....-..-- -.----..,.. . ..-..--......--....-;-....---..-...---.--....--...... .... -.--.--.. 1 .,". '..:".","":," ......~,_. , ~:r.A!U,Tl)~!...._.~~;~:~.g:..:.:~,,_. . WORKER'S COMPENSATION 1 ! .--..-, ! WC107416206 . $ "'_,~_._"_tL,o.oaE.Ac~~E.~~Nl1_ .'_" AND i A 11.01/92 1/01/95 $ _.___5,_0 O(JDIs.~~~=~UCY LlAUn EMPLOYERS' UABILITY i $ .-.,..1,00 C9?1~~~.e.:::!=:"CH EMPLOYE:. -~_.. .....- ,...-.-.- ! j ---.".... j . . OTHeR i i ; I I i ~ . .1 t . .._____.__.. i -- :',:: -, _'''_ - -.. ...".......... .................-.. DESCRIPTION OF OPERATlONSlLOCATIONSNEHICl.ESISPEClAL ITEMS . ALL OP:RATIONS AND THE EQUIPMENT OF THE INSURED .. .. "CERTIFICATE HOLDER 2i~,:O 0 1, 0 2:~:7~1i:;r~;';;~;;.~1~~;:;rit~i:9ANC~LLATlO~1t1L1i~'!];':J:::... _ , ',.,tl.' _..... . .~ . IlfI C F HOPKINS {1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE .J EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO : JOHN THEIL .: MAIL---2.9DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEO TO THE o 1ST STREET SOUTH J lEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR HOPK!NS, MN 55343 ,;J LIABILITY OF'ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. :r.~ ;~AlJTHORIZI!D REPRESI!NTATIVE , "I" .' . .fit.~ ........ " ., .' 'CORD 25 S (11189P'::;;,:..::~;:;:;~~~~~~'m:.r;.");~~~~~~1,~<-~....-::;..:,'::.:-..;;;.;:~~.;.;:;:;..;:...: ," - ,'"'.. ,"!",,!:: ", I , . . ,H'_'I'" .._'. ,,;.,............ ......",.. ." . ----------- ."'.,-; """':;'.~"'; c. " 6": '~_.""i, [$]- ~ JI'- ~ 41.. SAFECOC!> EXTENSION CERTIFICATE 'it:!:.. (TO BE FilED WITH OBLIGEE) Bond Number. 5628859 To be attached to Bond described be/ow, executed by SAFECO INSURANCE COMPANY OF AMERICA as Surety: PRINCIPAL: WASTE MANAGEMENT - SAVAGE, A DIVISION OF WASTE MANAGEMENT OF MINNESOTA, INC. OBLIGEE: CITY OF HOPKINS DESCRIPTION: recycling services Said Principal and said Surety hereby agree that the term of said bond is extended from 01/01/1 993 to 01/01/1 994; subject to all other provisions, conditions and limitations of said bond, upon the express condition that the Surety's liability thereunder during the original term . of said bond and during any extended term thereof shall not be cumulative and in no event exceed the Sum of $25,000.00. IN WITNESS WHEREOF, the said Principal and said Surety have signed or caused this Certificate to be duly signed and their respective seals to be hereto affixed as follows: ~ Signed, Sealed and Dated 02/09/1993 WASTE MANAGEMENT - SAVAGE, A DIVISION OF WASTE MANAGEMENT OF MINNESOTA, INC., (P~ (! ~ ... SAFECO INSURANCE COMPANY Of AMERICA (Surety) . -----. By: a--. . ~ Susan C. Nustra, Assistant Treasurer - WMI Bond 6046 . :...::,..; ,.;. ;~'L":~;"","~;;";~i"::,,. .,t",:.;.....<, .,." ~~ m POWER SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMER. OF ATTORNEY HOME OFFICE: SAFECO PLAZA "'~ SAFECQ@) SEATTLE. WASHINGTON Oet85 No. 9145 KNOW ALL BV THESE PRESENTS: That SAFECO INSURANCE COMPANV OF AMERICA and GENERAL 'INSURANCE COMPANY OF AMERICA, each a Washington corporation. does each here~ appoint ......KAREN E. BOGA 0; DONALD S. HAUFE; LINDA M. MAKDAH: MELISSA M., NEWMAN: REBECCA R. REM.1ERS, Oakbrook. I II 10015............................................................................. its true and lawful attorney(s)-in-fact. with full authority to execute on its behalf fidelity and surety bonds or undertakings and other doc\roents of a similar character issued in the course of its business. and to bind the respective co-npany thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 4th day of January .19 93 . "." irATE OF III I NO I <: - :OUNTY OF DuPage .' ~n this ~d.Y of February 1922-, before me personally appeared Karen E. Bogard known to me to be the Attorney-In- , Factof Safeco Insurance Company of America the corporation that , executed the within instrument, and acknowledged tome that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid county, the day and year in this certificate first above written. ."..M..tlA&.-n.. ......itA,......&M..-4.~~\.:..~ A...A~~~!:!~. 3 " 0 F fie I A L S Ii:: A :!.. ?, ;: 3 REBECCA R. REMMERS ~~. G1&~Q~ ' NOTARY PUBLIC, STATE OF ILLINOiS :; . .. My Commission Expires lO/2~/9~.;~ .. ." '!rr~?\q (Notary Pub J i c - - - - - - - - - IN WITNESS WHEREOF,I have hereunto set rrtf hand and affixed the facsimile seal of said corporation this 9th day of February 19 93 . . - . ;'.' ! S-074/EP t/1l3 '(i) ,Registered trademark of SAFECO Corporation.