Loading...
CR 10-012 Single Stream Recycling Contract ExtensionJanuary 14, 2010 GITY OF I* HOPKINS Council Report 2010 -012 SINGLE - STREAM RECYCLING CONTRACT EXTENSION Proposed Action Staff recommends adoption of the following motion: "Move that Council approve the Contract Agreement Extension between the City of Hopkins and Waste Management for Recycling Collection Services effective January 1, 2010 through December 31, 2010, as outlined in the attached Contract Extension Agreement." Overview The City of Hopkins began a source - separated curbside - recycling program on February 1, 1989 in response to County and Metropolitan Council mandates. Our current recycling contract with Waste Management began on November 1, 2002 and provides single stream recycling (no sorting) with bi- weekly collection of newspaper, corrugated cardboard, plastic bottles with a neck, glass jars & bottles, tin & aluminum good and beverage containers and miscellaneous paper which includes the 4 C's (cereal, cake, cracker and chip boxes) and phone books. The decision to pursue a contract extension at this time was based on: a review of contract offers to other cities, current market conditions, convenience to our residents, the relatively good track record of Waste Management and the good working relationship that we have had with them since 1990. For these reasons we felt confident that we would be able to come to an acceptable agreement without having to go out for bids and are recommending that the City Council approve the contract extension with Waste Management. Primary Issues to Consider What are the proposed changes? How will the program continue to be funded? Should the contract be approved? Supporting Information • Detailed Background • Analysis of Issues • Copy of Proposed Contract Extension • Copy of original Agreement Penny A. Cl 8 , Solid Waste Coordinator Financial Impact: $ 105,487 for 2010 Budgeted: Yes Source: Refuse Fund Related Documents (CIP, ERP, etc.): Note: Cost could increase or decrease due to market and processing costs. Detailed Background Waste Management has been our recycling contractor since January 1, 1990. Our current Agreement for Recycling Collection Services with Waste Management began November 1, 2002 and will terminate when contract extension is signed. In 2002 when the City implemented single stream recycling Waste Management was the only contractor offering the service. Since then other contractors have switched to single stream collection. This would normally present an opportunity for the City to go out for bids to receive competitive pricing. However, with current market conditions and after reviewing bids received by other cities, it was decided that negotiating a one year contract extension with Waste Management was in Hopkins' best interests. Analysis of Primary Issues • What items will change with this contract extension? 1. The term of the Agreement shall be extended through December 31, 2010. 2. The base price per CDU will remain at $2.94 per month. The rebate schedule will be replaced with a Recyclable Material Offset which will be an additional charge or credit that will be applied to the monthly invoice based upon blended market values and processing costs. (Attachment 1) 3. A surcharge will be applied if diesel fuel costs are $3.00 per gallon or more. (Attachment 1) 4. Waste Management will add paper beverage cartons and aseptic beverage containers to products collected in curbside recycling as of 1/1/2010. 5. Residents may add additional recycling carts if needed at no additional monthly charge. • How will the program continue to be funded? Our program has been funded since its inception by fees residents pay through the refuse portion of their utility bill and funding from Hennepin County. The SCORE (Governor's Select Committee on Recycling and the Environment) funding that is received from Hennepin County has provided approximately $23,000 per year over the past seven years to help fund our recycling program. The money for the funding comes from the SCORE tax that is added to the refuse portion of the Utility bill. There is language in the current funding policy stating that at any time with due notice the county may discontinue or decrease this funding. In 2002 the SCORE funding was reduced by 1.4 million dollars. With the ongoing budget issues we may be looking at additional reductions in the future. If the fund were to disappear it might be necessary to increase ($.69 /mo) the recycling portion of the refuse bill to cover this loss of funding. Page 1 of 2 • Should the contract be extended? With the base price per CDU remaining at the 2009 price of $2.94 a month, the current market conditions improving, the 90, day release clause (item H of Contract Agreement), and the addition of new material to the curbside recycle stream, staff recommends the approval of the one year contract extension with Waste Management. Page 2 of 2 ADDENDUM NO. 1 TO AGREEMENT FOR RECYCLING COLLECTION This Addendum is made on the , to the Agreement for Recycling Collection, dated September 3` 2002, between the City of Hopkins and Waste Management, a division of Waste Management of Minnesota, Inc. The agreement is hereby amended as follows: Item B. Page 1 of the Agreement Compensation for Services Effective through January 31, 2010 the rate of payment for each household will be: $2.94 per CDU /mo for bi- weekly recycling collection services based on the number of CDU's certified by the City with an additional charge or a credit dependent on the Recyclable Material Offset that is determined by the blended market values and processing costs outlined in Attachment 1, which is made part of this agreement. A diesel fuel surcharge will go into effect if the cost is at or above $3.00 per gallon as shown in Attachment 1. The published index for determining monthly diesel fuel prices will be the Department of Energy's (DOE) "Weekly Retail On- Highway Diesel Prices" for the Midwest region. The price published for the first Monday of the month will be used as that month's diesel fuel price. 2. Item G. Page 2 The term of the Agreement shall be from 31, 2010. through January 3. Item R. Page 3 of the Agreement Insurance, coverage amounts shall be changed for the following: Comprehensive General Liability Bodily Injury $ 5,000,000 each occurrence $ 6,000,000 Aggregate Property Damage $ 5,000,000 each occurrence $ 6,000,000 Aggregate Comprehensive Automobile and Truck Liability Umbrella Clause $15,000,000 4. In Exhibit A, II. Definitions item A. Of the Agreement as of September 3rd 2002, add the following to 4 C's limited boxboard and phone books: and paper beverage cartons 5. In Exhibit A, II. Definitions item A. Of the Agreement as of September 3` 2002, add the following new category: Aseptic containers (juice boxes, milk cartons, juice cartons) 6. In Exhibit A, III. Collection Requirements, A, 11, add: Residents may request additional recycling carts if needed at no additional charge 7. All other terms and conditions continue as set forth in the original Agreement dated September 3, 2002. CITY OF HOPKINS CONTRACTOR BY BY Eugene J. Maxwell, Mayor L]'1 Richard B. Getschow, City Manager ITS BY ITS 2010 RECYCLE CONTRACT EXTENSION ATTACHMENT 1 EXAMPLE OF RECYCLABLE MATERIAL OFFSET (REVENUE /COST SHARE) MONTH BLENDED 80% PROCESSING MONTHLY ADDITIONAL $3.25 TO $3.49 VALUE CITY COST PER BASE FEE CHARGE OR PER TON SHARE TON $2.94 X (CREDIT) 2990 October $ 70.32 $ 56.26 $ 47.64 $ 8,790.60 ($ 777.40) July $ 56.39 $ 45.11 $ 57.29 $ 8,790.60 $1,106.30 FUEL SURCHARGE DIESEL FUEL PRICE PER GALLON FUEL SURCHARGE < $3.00 0 PER CENT $3.00 TO $3.24 2 PER CENT $3.25 TO $3.49 2.5 PER CENT $3.50 AND UP 3.0 PER CENT AL' "KL.P `...� CERTIFICATE OF LIABILITY INSURANCE 1/1!2011 DATE (MMIDONYM 12/9/2009 PRODUCER LOCKTON COMPANIES, LLC 5847 SAN FELIPE, SUITE 320 HOUSTON TX 77057 866 - 260 -3538 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFOR COVERAGE NAIC # INSURED WASTE MANAGEMENT HOLDINGS, INC. & ALL AFFILIATED 1300299 RELATED & SUBSIDIARY COMPANIES INCLUDING: WASTE MANAGEMENT OF MINNESOTA INSURER A: ACE Am erican Insuran CDm anv n- 21667 43571 `o INSURER e: Indemnity Insurance Co o America INSURER C: ACE Property &'Casualty Insurance Co- 20699 12448 PENNSYLVANIA AVENUE SOUTH SAVAGE MN 55378 INSURER D: INSURER E: COVERAGES MNSAVAGEAJ TMS CEIRTINCATE OF INSURANCE 0 CON LITE A CONTRACT Ct7 BETWEEN TH@ 155(IING SUB O .Ie,.9.US REPRESENTATIVE_OR PRODUCER AND THE F H DER THE POLICIES OF INSURANCE TED BELOW V BEEN 5 D TO THE INS RED NAMED ABOVE FOR THE POLICY PERIOD IN ACA D. NO AND G ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RE$PFC -T TO WHIru TN!G C0RTIFMA at,py aF l5$CLef? OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADUL INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDIYY ) POLICY EXPIRATION DATE (MMIOD" LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 5000.000 A X COMMERCIAL GENERAL LIABILITY CW MS MADE � OCCUR HDOG24938384 1 /!/2010 1/1/2011 OAWkGF TO RENTED PREMISES $ 5,000000 MED EXP (Any one person) $ XXXXXXX X XCU INCLUDED PERSONAL & ADV INJURY $ 5,000 000 X ISO FORM CG 00011207 GENERAL AGGREGATE s 6,000,000 GENL AGGREGATE LIMIT APPLIES PER: POLICY X JECT X LOC PRODUCTS - COMPIOP AGG S 6.000,000 A AUTOMOBILE X LIABILITY ANY AUTO 1SA H08583742 111/2010 1 /)1201 I COMBINED SINGLE LIMB (Es accident) $ I ,000,000 X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) 9 XXXXXXX X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ XXXXXXX X MCS -90 PROPERTY DAMAGE (Per accident) $ XXXXXXX GARAGE LIABILITY ANY AUTO NOT APPLICABLE AUTO ONLY - FA ACCIDENT S XXXXXXX OTHER THAN EA ACC $ XXXXXXX AUTO ONLY: AGG $ XXXXXXX C EXCESSNMBRELLALIIBLMY X OCCUR FI CLAIMSMADE X00624902456 1!1/2010 1/1/201) EACH OCC URRENCE S 1 5,000000 AGGREGATE s 15, 000,000 $ XXXXXXX UMBRELLA $ XXXXXXX DEDUCTIBLE FORM S }{}(}{3{X3(X RETENTION S B A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER/EXECIRIVE OFFICERIMEMSER EXCLUDED? (MandatotytnNH) If yes. d—rilm -der SP ECIALPROVISIONSbal WLRC4570936A (AD',) WLR C45709371 (CA) SCFC45709383 (WI) 1/1/2010 1/1/2010 1!1/2010 1 /1/2011 1/1/2011 1(1/2011 X wCSTATU OTH T LIM IT ER E.L. EACH ACCIDENT S 3,000,000 E.L. DISEASE - EA EMPLOYEE $ 3 > 000,000 E.L. DISEASE - POLICY LIMIT 8 3,000,000 A O EXCESS AUTO LIABILITY XTRH08583754 1/1/2010 1 /1/2011 COMBINED SINGLE LIMIT $9,OOD,a00 (EACH ACCIDENT) ..,f,i�n yr a. rcrtn�> vnaia _,n.Hi,unxvcnnitistt,i+.1USfONB AUDE NT D BY ENDORSEME/SPECIAL PROVISIONS CANCELLATION: 30 DAYS EXCEPT 10 DAYS NOTICE FOR NON - PAYMENT. BLANKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE BY LAW. CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED (EXCEPT FOR WORKERS' COMPEL) WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT. 401 009. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF HOPKINS DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS wRrtrEN 1010 FIRST STREET SOUTH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE I DO SO SHALL HOPKINS MN 55343 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 25 (2009101) ® 1988 -2009 ACORD CORPOPJMON. All rlahts reserved T1.n Anna »— ,.A Ian., .,.,, .. marks of ACORD -- -------- ..�._..., _.._ _...._ . ... ..........� :.:....,�.:. „6t�ar' eeceon abou and sPWfY the Weln cod. WNSAVAGE'. 'fl CONTRACT AGREEMENT. FOR COMPREHENSIVE RECYCLING COLLECTION SERVICES This agreement is made on the 3rd day of September, 2002, between the: CITY OF HOPKINS 1010 First Street South Hopkins, Minnesota 55343 - ( "City ") WASTE MANAGEMENT &MINNESOTA, INC. 1901 W. 144 St. Burnsville, MN 55306 (952) 890 -1100 – ("Contractor") The purpose "ofthis contract is to set forth terms and conditions for the provision of CURBSIDE/ALLEYWAY SINGLE STREAM RECYCLING COLLECTION SERVICES by the Contractor for the City. The City-and Contractor agree as follows: A. Contractor's Services. The Contractor agrees to provide services as described in EXEM31T A, within the collection districts specified on maps supplied to the contractor by the City, and in compliance with the specifications contained in attached EMIT A. B, Compensation for Services. The City agrees to pay the Contractor for recycling services as outlined in the attached RATE SCHEDULE, for biweekly recycling collection services based on the number of Certified Dwelling Units ( "CDU") certified by the City and less any discounts available as defined in EXRIBIT B, Hopkins pricing Matrix. C_ Method of Payment, The Contractor shall submit itemized invoices for recycling collection 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 EXHM31T A, Section 111, A, No. 8., 12., 14., and 15. D. Purchase of 18- Gallon Bins. The Contractor agrees to purchase the remainder of the City's 18 -gallon red recycling bins (approximately 1,800 bins @ $3.92 per bin) as described. in RATE SCHEDULE. The Contractor will coordinate the pick up of the bins with the delivery of the new carts. E. Promotion and_Public Education. The- Contractor -and the - City- shall - work together - iff the - - -- preparation and distribution of educational materials to insure accurate information and . program directions. The Contractor shall be responsible for developing a customer education tag to be used by the route drivers to inform customers of recyclable materials or cart problems. The Contractor shall provide a twelve -month calendar refrigerator magnet with the weeks of recycling collection highlighted to be included in the informational packet that Page I of 5 will be delivered with the carts; and that a calendar be provided to each CDU for each contract year thereafter, F. Audit Disclosure, The contractor shall allow the City or its duty authorized agents reasonable access to such of the Contractor's books and records as are pertinent to all services provided under this agreement. Any reports, information, data, etc. given to or prepared or assembled by the Contractor under this agreement which the City requests to be kept confidential shall not be made available by the Contractor to any other person or party with 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. G. Term. The term of this Agreement shall be from November 1, 2002 through December 31, 2009, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of both parties for such additional period as deemed appropriate based on policy and procedures of the City and upon the terms and conditions as the parties shall mutually agree. H. Termination. The City, upon the Contractor's failure to perform its responsibilities under the Agreement,. may terminate this Agreement. Either party may terminate this Agreement by a ninety (90) day 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. In addition the City may terminate the Agreement upon ninety (90) days advance written notice to the Contractor if Hennepin County significantly reduces or alters its Funding Policy for reimbursing City recycling program cost or of 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. Should the Agreement be terminated, the City reserves the right to purchase the recycling carts at their fair market value at the time of termination. If the City decides not to purchase the recycling carts, Waste Management agrees to collect and remove all recycling carts within two weeks of the termination date. I. Indeuendent Contractor 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 to be an employee of the City. T. 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. K. Assignment. Neither party shall assign this Agree or any intere arising herein, - without the - written consent L. Services Not Provided for. The City shall honor no claim for services furnished by the Contractor not specifically provided for herein. Page 2 of 5 M. Severahility. 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 Agreement. N. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided hereunder. Any material violation shall constitute a material breach of this Agreement. Governing Law: the laws of the State of N innesota, ordinances of Hennepin County and -all ordinances of the City shall control this contract_ O. Equal Op2ortunit4. During the performance of this contract, the Contractor, in compliance with Executive Order 11246, as amended by Executive Order 11375 and Department of Labor regulations 41 Cl~R Part 60, shall not discriminate against any employee or applicant for employment because of age, race, color, religions, sex, or national origin. The Contractor shall take affirmative action to insure that applicants for employment are qualified, and that employees are treated equally during employment, without regard to-their age, race, color, religion, sex, or national origin. P. No additional Waiver Implied by One Waiver. In the event any agreement contained in this Contract should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Q. Indemuii•}cation. 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, attorneys' fees, which they may suffer or for which they may be held liable, as a result of negligence by the Contractor, his employees, or subcontractors in performance of this contract. R Insurance., ranee. The Contractor must provide certificates of Insurance to the City 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 shall protect it and the City from claims for such damages, in the following. amounts: Comprehensive General Liability Bodily Injury - Property Damage $1,000,000 each occurrence $1,000,000 Aggregate $1,000,000 each occurrence $1,000,000 Aggregate Co .prehensive Automobile and Truck Liability Bodily Injury $1,000,000 each person $1,000,000 eac acc ident Property Damage -- - $1,000;000-each accede $1,000,000 non -owned Umbrella Clause $1,000,000 (TO INCLUDE COVERAGE FOR ALL OWNED, NON - OWNED, LEASED AND HIRED VEHICLES) Page 3 of 5 Workers Co=ensation - Insurance. The Contractor shall provide workers compensation insurance covering all employees of the contractor engaged in the performance of the agreement, in accordance with the Minnesota Workers' Compensation Law. Evidence of this additional coverage will be furnished to the City Manager or his authorized representative upon execution of this contract. 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 and furnish certificates shall not relieve the Contractor from liability assumed under any provisions of this contract. S. Performance and Payment Bond. The Contractor shall execute and deliver to the City a performance bond with a corporate surety in the sum of $50,000. 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 Contract shall be subject to termination by the City at any time if said bond shall be canceled 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. T. Liquidated Damages. The Contractor shall be liable for liquidated damages upon a determination by the City that performance has not occurred consistent with the provisions of the agreement as specified in EXHIBIT A, Section III, A., No. 18. U. Street Luyrovements. This Contract is subject to the right of State of Minnesota, Hennepin County or the City to improve its highways and streets. The Contractor accepts the risk that such improvements may prevent the Contractor from traveling its accustomed route or routes for the purpose of collecting recyclables. The Contractor agrees not to make any claims for compensation against the City for such interference. The City shall, whenever possible, provide advance information and instructions about how the Contractor may best provide services in the improvement area. V. Utilities. The Contractor shall be obligated to protect all public and private utilities, streets or roadways, whether occupying a street or public or private property. If such utilities, streets or roadways are damaged by reason of the Contractors operations, under this contract, he/she- shall- repair- or- r- eplace- 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 due to the Contractor for contract collection services. Page 4 of 5 W. Conflict of Interest. The Contractor agrees that no member, officer, or 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 the Contractor will forfeit any payments to be made under this Agreement. X. Entire Contract. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject 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. Executed as of the day and year first written above. CITY OF HOPKINS CONTRACTOR B By Euge*50 Maxwell, Mayor Its .(, -" -� a By By Steven C. Mielke, City Manager Its Page 5 of 5 City of Hopkins Single Stream Recycling Collection SPECIFICATIONS L Introduction These specifications define the requirements of the SINGLE STREAM RECYCLING COLLECTION PROGRAM for the City of Hopkins. H. (Definitions A. ReUclable.Materiials: Means all items of refuse designated by the Hennepin County Environmental Services 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. • Corrugated cardboard: all corrugated cardboard boxes 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: all plastic bottles with a neck, with the exception of bottles that previously contained hazardous materials i.e. motor oil. • 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 C's limited boxboard and phone books: all Cereal, Cake, Cracker, and Chip boxes and all phone books, • Any additions or exclusions as agreed upon by Contractor and City. B. Rec„ rcling Container: means a receptacle in which recyclable materials can be stored and later placed at the curb or alley for collection as specified by the City. Acceptable containers shall be 30, 64, or 90 gallon wheeled carts provided by the contractor and properly marked for recycling. C. Single Stream Recycling Collection Service: Residents will be instructed to commingle all recyclable materials in one container that will be picked up biweekly by Contractor. Contractor will pick up all recyclable material placed in and next to recycling containers at CDUs and other city designated collection stops in the City of Hopkins. D. Certified Dwelling nit (CM: means a single family home and each residential unit in a duplex or triplex. Residential units in structure containing more than three (3) dwelling units, may be designated as CDUs upon mutual agreement by the City and the contractor. Page 1 of 9 E. 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. F. 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 be approved by the city. G. Contractor: means person or persons authorized by the city to perform recycling collection services on prescribed routes within collection districts within,the city of Hopkins. H. Collection Vehicle: means any vehicle licensed and inspected by the city for collection of recyclables within the corporate boundaries of the city. 1. Collection Hours: means the time period during which collection of recyclable material is authorized in the city. J. 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. K. City Designated Collection Stop: means a location designated by the city for recycling collection services, including City Hall, Public Works, Pavilion, Community Center, Depot Coffee House, Hopkins Center for the Arts, and may include other stops as mutually agreed upon by the city and the contractor. L. Holidays: means any ofthe following: New Year's Day, Martin Luther King Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day,, Thanksgiving Day, and Christmas Day. A Scheduled 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 -will be made one (1) working day later. N. Collection Point: means the location where the recycling container is placed for collection. III. Collection Requirements A. Residential Curbside/Alleyway Recycling Collection Program 1. Frequency of Residential Collection: Residential recycling collecti s hall occur bi on the same day_as_ regular -- refuse- collection- for-every CDU tlr6 city according to Collection District and yearly calendar. 2. Frequency of Csty Designated Collection Stops: Stops at City Designated. Collection Stops shall occur weekly according to a regular and routine schedule as submitted to and agreed upon by the City and the Contractor. Page 2 of 9 3. Establishment of Collection Districts: The city reserves the right to establish collection districts within 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. 4. Residential Collection Hours: Collection shall commence no earlier than 6:00 a.m. local time and shall be completed by 7:00 p.m. The contractor shall maintain sufficient equipment and personnel to assure that all collection operations are completed by 7:00 p.m. ofthe scheduled collection day. Residents will be required to have materials placed at the collection point by 6:00 a.m. on the scheduled collection day. 5. Munici al Facility Collection: Collection shall take place Monday- Friday daytime hours of municipal facilities operation or upon special arrangement and agreement between the City and the Contractor 6. Certification of CDUs: Certification of the number of CDU's in the city shall be done by the city. The number of CDU's 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 single family through tri-plex units certified by the utility billing department. (minimum 2600 CDU's) 7. Compliance with Laws and Regulations: ations• In providing services hereunder, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided hereunder. Any material violation shall constitute a material breach of this agreement. This contract shall be controlled by the laws of the State of Minnesota, ordinances of Hennepin County and all ordinances- of the City. 8. Weighing of Loads and Reporting Requirements The contractor will keep accurate records consisting of an approved weight slip with the date, time, collection route, driver's identification, vehicle number, rate and gross weight, net weight and number of route stops for each loaded vehicle. Weight tickets shall be retained by the Contractor for a period of three years. A detailed monthly report shall be provided to the City that identifies total tonnage activity by commodity. This report should include all curbside and municipal recycling activity. At a minimum, the Contractor shall provide one route participation audit, to be conducted for the month of October, that includes the total house count and total number of actual participant set -out locations to comply with Hennepin County regulations, Additional audits can be required upon agreement between the City and the Contractor. 9. The contractor may use an established tare weight for each collection vehicle and supply the city with a list of each of the vehicle that will b used to perform coll ection i n the cit alon ----- with - each vehicle's. mck number and corresponding tare weight. The tare weight will be the Weight of the vehicle with X / tank of fuel plus the weight of the driver. 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. Page 3 of 9 10. 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 collection, 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. 11. Recycle Cart Purchase and Delivery: The Contractor agrees to, at their expense, purchase, deliver, service and repair, and maintain sufficient cart inventory to meet supply and demand needs for Hopkins Recycling CDUs, estimated to be 3000 in number. The Contractor shall initially deliver one 64- gallon cart to each CDU and have a sufficient inventory of 30- gallon and 90- gallon carts available for delivery and switch -out with the 64- gallon carts per resident/customer request. The standard 64- gallon cart shall be approximately 26" X 26" X 41" in dimension, and be smooth for ease in cleaning. The cart shall be green with a yellow lid and be uniform and consistent in color and design with a recycling symbol on two sides and front and approved instruction label imbedded into each lid, so as to be easily identified by the resident/customer and the Contractor driver as the container for recyclable materials. 12. Recycling Cart Maintenance/RWlacement: The driver is required to report to the Contractor the location of any cart that is damaged. The Contractor is required to notify the Recycling Coordinator by fax/email of any driver report of cart damage. The Recycling. Coordinator will notify the Contractor by- fax/email of any cart damage or request for change of cart size that is reported/requested to them by customers/residents. Any damaged cart or can request will be repaired or replaced by the Contractor within one (1) week of the report. 13. 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. Carts shall be placed with the handle toward the house. and lad opening toward the street or alley. The driver is required to place the emptied cart back/down in the same location as set by resident. Recycling carts/containers for Municipal recycling collection shall be placed at agreed upon specific locations as determined by the City. All carts /containers shall be returned to the specific location after completion of collection 14. Ownership of Recyclable Materials: All recyclable materials for collection shall remain the responsibility and in the ownership of the occupant of the CDU or Municipal location until handled for collection by the Contractor. At the point of collection the recyclable materials become the property of the Contractor. Any person or persons taking recyclable materials from a curbside container without explicit permission of the CDU or Municipality will be in violation of local ordinance and subject to penalty. The Contractor shall report to the Recycling Coordinator any instances of suspected scavenging or unauthorized removal of recyclable materials from any collection co 15. Route Management and Customer Service: The Contractor shall, at all times, provide the City Recycle Coordinator with a lead routeldriver supervisor who is accessible to the Contractor Dispatch department via two way communications and to the recycling coordinator to handle route and collection issues in a timely fashion. The Contractor shall have on duty Monday through Friday from 8 :00 a.m. to 4:30 p.m. a Dispatch customer service representative to Page 4 of 9 receive customer calls and route issues. The Contractor shall provide a 24 hour answering service line or device to receive customer calls. The Route Supervisor and. all collection vehicles must be equipped with 2 -way communication devices. 16. Procedure for Unacceptable Materials Materials Outside Cart and Unreachable the contractor determines that a resident has set out unacceptable recyclable erials, left Recyclable Materials Outside of the cart, or has positioned the cart so that it is unreachable with the mechanical arm, the contractor shall use the following procedures: A. The contractor shall collect all the recyclable materials and leave an "education tag" provided by the contractor attached to the handle of the recycling container indicating acceptable materials, the proper method of preparation and the proper placement of the cart. 13. The driver shall record the address and report the addresses to the Contractor Dispatcher, who will notify the City's Recycling Coordinator of the addresses no later than noon the following day. 17. Procedure for Complaints- Questions - Missed Collections. A complaint of service or missed collection is a complaint received by the Contractor from either the customer or the Administration Office. If the report is for a missed stop and is received by the Contractor before 1.00 p.m. on a scheduled working day, the Contractor is required to return to the complaint address and complete the collection. If the report is registered after 1:00 p.m. on a scheduled working day, the Contractor is required to return to the complaint address by 12:00 noon the following working day. 18. Clean un Responsibilities: 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. 19. Non - Completion of Collection and Extension of Collection Hours: If the -contractor determines that the collection of recyclables will not be completed by 7:00 p.m. on the scheduled collection day, he /she shall notify the Recycling Coordinator before 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 non - completion, and the expected time of completion, 20. Penalties for Missed Collections and Non - Completion of Collection Routes A. Reported missed collections not picked up by 12:00 noon on the business day following the day of the reported missed collection: $ 20.00 each. If after receiving notice of a missed collection location, the Contractor fails to make the collection by 1:00 p.m. on the business day fol the Clay of the reported miss the Cit sh h ave the o ptio n of providin — colledtion to the mEissed location and deducting $50.00 from the Contractor's payment for the month that the miss(es) occurred. This penalty is in addition to the above - mentioned $20.00 penalty. Page 5 of 9 B, District -wide collection not completed by 7:00 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 Recycling Coordinator or his/her designee has not approved the delay: $1,000 per occurrence. C. Failure to complete a majority (50 1 /6) or more of pickups within 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 inability to perform recycling collection service is the result of conditions beyond the control of the contractor, including, but not limited to, civil disorder, act of Clod, inclement weather severe enough that trucks either cannot make collections or are substantially slowed in their collections, changes is applicable statutes, regulations, and ordinances; provide, however, that the contractor shall obtain the approval for the delay from the Recycling Coordinator 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 non - performance. In the event that the contractor fails to provide recycling collection service because of any of the above conditions and has obtained approval from the Recycling Coordinator for the delay, then the contractor shall have five (5) days (excluding Saturdays, Sundays, 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. 21. Test Areas: The city reserves the right to have testes performed in the city. The amount of areas removed for a test shall not exceed ten percent (imo) of the total number of CDU's, 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 person to conduct the test. No compensation shall be provided because of fewer materials or stops during the test period. - 22. Vehicle Licensing and Inspection Requirements: All collection vehicles used in the performance of this agreement shall be inspected and licensed each year 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 an 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. 23. Collection Vehicle Equipment Requirements: Each collection vehicle shall be equipped with the following: 1. A two way communicat system 2. A first sid t - - - - - -- _ - -- - -- - 3. An approved 2A10BC dry chemical fire extinguisher 4. Warning flashers 5. Overhead strobe light 6. "Reverse' audio. warning alarm to indicate movement in reverse Page 6 of 9 7. Signs on the rear of the vehicle which state "'Phis Vehicle Makes Frequent Stops" S. A rear mounted video camera and cab monitor /screen to view operations occurring at the rear of the vehicle 9. Hazard flares and cones 14. A broom and a shovel for cleaning up spills 11: "Absorb" pillows or dry product adequate to absorb /contain any oil/liquid spill from collection vehicle. All required equipment must be in proper working order at all times. All vehicles must be maintained in proper working order and be clean and free from odor as much as passible. All collection vehicles shall be uniformly painted and the paint shall be in good condition. The Contractor's name shall be clearly visible from all sides of the vehicle, along with the Contractor's phone number, the Recycling symbol, and the vehicle ID number. 24. Driver Duties and Responsibilities The contractor shall be responsible for ensuring that there is sufficient personnel and equipment to fulfill the requirements and specifications of this contract proposal, and that all personnel are trained both in program operations and in customer service and insure that all personnel maintain a positive attitude with the public and in the work place and shall: 1. Conduct themselves at all times in a courteous manner and use no abusive or foul language. 2. Be clean and presentable in appearance, as so far as possible. 3. Wear a uniform and employee identification badge or name tag. 4. Drive in a safe and considerate manner. 5. Manage carts in a careful manner, setting them back in place so as to avoid spillage and littering or damage to container. 6. Perform their work in a neat and quiet manner, monitor for any spillage and be responsible for cleaning up any litter or breakage spilled in collection and hauling operations 7. Record all addresses that could not be collected and reasons, turn list into dispatch at end of each collection day and copies sent to Recycling Coordinator. S. Attach an education tab to the container identifying problems and how to resolve their. 9. Collect and transport recyclable materials according to all existing laws and ordinances, and future amendments thereto, of the State of Minnesota and local governing bodies. 10. Report all damage to property. 25. 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 th e holiday shall be mad one (1) working da y l ater. 26. Hopkins City Fall and other Municipal Facilities The contractor will provide weekly recycling collection service at designated collection stops. Page 7 of 9 2. The recyclable materials collected will include: newspaper, aluminum, steel, tin and bimetal food and beverage cans, glass bottles all colors,, plastic bottles with a neek,. corrugated cardboard and miscellaneous paper. Additional items may be added with consultation between the city and the contractor. 3. The city and the contractor will agree on the times, places and methods of collection. 4. The city designated collection stops as of the date of there specifications are: a. City Hall, 1010 1 st Street South, Hopkins b. Public Works 11100 Excelsior Blvd c. Hopkins Pavilion, 11000 Excelsior Blvd d. Activity Center, 33 –10 Ave N e. Depot Coffee House, 9451 Excelsior Blvd f. Hopkins Center for the Arts, 1111 Mainstreet g. Other facilities may be added by agreement between the City and the Contractor The Contractor agrees to provide refuse and recycling services during the Raspberry Festival Family Days and Raspberry Festival Parade held each year during July. No extra fees will be charged for this service. 90 -gallon carts for refuse and 90- gallon carts for recycling of aluminum, tin, plastic and glass, food and beverage container will be provided along Mainstreet and in other City designated areas as agreed upon by the City and Contractor during these events. 26. Multiple Dwelling Units (Townhouse, Apartment, Condominiums): 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. 27. 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. INN. 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 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 th p roposal doc and to re - -- anyor all — The pity reserves tl a right to ester into a c©ntract 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. Page 8 of 9 4. No proposal can be withdrawn before 45 days after the date of submission of proposals. Page 9 of 9 2002 Recycling Contract mate Schedule $2.28 per CDU /mo 11 /1 /02 through 12/31/02 $2.43 per CDU /mo 1/1/03 through 12/31104 $2.61 per CDU /mo 1/1/05 through 12/31./05 $2.69 per CDU /mo 1/1/06 through 12/31/06 $2.77 per CDU /mo 1 /1 /07through 12/31/07 $2.85 per CDU /mo 1/1/08 through 12/31/08 $2.94 per CDU /mo 1/1/09 through 12/31109 Yearly Cost = $13,834 (2990 CDU) Yearly Cost = $87,188 (2990 CDU per year /$174,377 for 2 years Yearly Cost = $93,647 (2990 CDU) Yearly Cost = $96,517 (2990 CDU) Yearly Cost = $99,388 (2990 CDU) Yearly Cost = $102,258 (2990 CDU) Yearly Cost = $105,487 (2990 CDU) *Actual Cost is $2.53 ($.10 reduction per CDU for 1/1/2003- 12/31/2004 to pay for 18- gallon recycling bin purchase) X Q m C9 r m� ' v) Z IL O P v 00 r ��" 00 ca v to r P P O ED C) to 0 V gcotflo�r�raD�c � m as Z E >��� 6 a a a ` O 40M O C Woe- �t'VCNrrOT tom.N0'CC � Q, s.1�OrNM etto U N N M M M Z. co ` M r ,M 0 E J E ©N V* 19- !f} 40 4F 6% 69 O U. m N G U O � 0a *] � P 1� e¢ 1� 'd: CO. M CIJ N' M r CO CCJ Q. D �cocovrnr Cl ct C31 - q eoN Iq cc tPJ C s= O © g m CO CS1 f`- w 1- r- CB ar S] 4) z O �+ C E N Z G a N CG¢ N O C, �? UY �j N O 41 C7i M M 'ef' to p h- w m E 0 V� OO N. d; 1-- O co C1! r � L a � ai ci ad v p- C6 O ,C G N C O E E cL U1`►P- O ... OCD CAtnC� N ca E N +- G o- o ca U N m ��CO -N O ©CA�' `J O > G m o N cc to NOIP - tA M La z c U • 0 � Od'CC)I b to to - +CAT to to W O a O h N m o z •Y •k ie �. t� �.} Ef? 6F} Gf) C�9• E!3 y Cfl' T � M CA ct9 OO Im toC>PNd Co1- L r Co to M R Q O ONN['4NR r M `�' `f o CD N 0 o M r I t ° N _ a a - 1tV � m � Oaooaoa ® m O(D O' O P.U5viCOCV r O Q O r h N69. CD 4% Otg� OO r ^ Co A O O r(D bo N CDvGoN_CA co O CV to P^ cm O 69- V to 4�' r-_ .co 04 CO Co r ® 3 A N O N G tc z a Z O z m CD Q w V? U a .. a O � 0 � rf3 M "- t = cc = LL w > O co. 0N M r CA P- - co CA to tt Z U) w (Ni (Ni N N'CV N cV W a) m O ui to 0 1!- — w m ff3 t!§ FR 6? to tf? uj 0 J